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1 | AN ACT concerning firearms. | |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||
4 | Section 5. The Open Meetings Act is amended by changing | |||||||||||||||||||
5 | Section 2 as follows: | |||||||||||||||||||
6 | (5 ILCS 120/2) (from Ch. 102, par. 42) | |||||||||||||||||||
7 | Sec. 2. Open meetings. | |||||||||||||||||||
8 | (a) Openness required. All meetings of public bodies shall | |||||||||||||||||||
9 | be open to the public unless excepted in subsection (c) and | |||||||||||||||||||
10 | closed in accordance with Section 2a. | |||||||||||||||||||
11 | (b) Construction of exceptions. The exceptions contained | |||||||||||||||||||
12 | in subsection (c) are in derogation of the requirement that | |||||||||||||||||||
13 | public bodies meet in the open, and therefore, the exceptions | |||||||||||||||||||
14 | are to be strictly construed, extending only to subjects | |||||||||||||||||||
15 | clearly within their scope. The exceptions authorize but do | |||||||||||||||||||
16 | not require the holding of a closed meeting to discuss a | |||||||||||||||||||
17 | subject included within an enumerated exception. | |||||||||||||||||||
18 | (c) Exceptions. A public body may hold closed meetings to | |||||||||||||||||||
19 | consider the following subjects: | |||||||||||||||||||
20 | (1) The appointment, employment, compensation, | |||||||||||||||||||
21 | discipline, performance, or dismissal of specific | |||||||||||||||||||
22 | employees, specific individuals who serve as independent | |||||||||||||||||||
23 | contractors in a park, recreational, or educational |
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1 | setting, or specific volunteers of the public body or | ||||||
2 | legal counsel for the public body, including hearing | ||||||
3 | testimony on a complaint lodged against an employee, a | ||||||
4 | specific individual who serves as an independent | ||||||
5 | contractor in a park, recreational, or educational | ||||||
6 | setting, or a volunteer of the public body or against | ||||||
7 | legal counsel for the public body to determine its | ||||||
8 | validity. However, a meeting to consider an increase in | ||||||
9 | compensation to a specific employee of a public body that | ||||||
10 | is subject to the Local Government Wage Increase | ||||||
11 | Transparency Act may not be closed and shall be open to the | ||||||
12 | public and posted and held in accordance with this Act. | ||||||
13 | (2) Collective negotiating matters between the public | ||||||
14 | body and its employees or their representatives, or | ||||||
15 | deliberations concerning salary schedules for one or more | ||||||
16 | classes of employees. | ||||||
17 | (3) The selection of a person to fill a public office, | ||||||
18 | as defined in this Act, including a vacancy in a public | ||||||
19 | office, when the public body is given power to appoint | ||||||
20 | under law or ordinance, or the discipline, performance or | ||||||
21 | removal of the occupant of a public office, when the | ||||||
22 | public body is given power to remove the occupant under | ||||||
23 | law or ordinance. | ||||||
24 | (4) Evidence or testimony presented in open hearing, | ||||||
25 | or in closed hearing where specifically authorized by law, | ||||||
26 | to a quasi-adjudicative body, as defined in this Act, |
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1 | provided that the body prepares and makes available for | ||||||
2 | public inspection a written decision setting forth its | ||||||
3 | determinative reasoning. | ||||||
4 | (4.5) Evidence or testimony presented to a school | ||||||
5 | board regarding denial of admission to school events or | ||||||
6 | property pursuant to Section 24-24 of the School Code, | ||||||
7 | provided that the school board prepares and makes | ||||||
8 | available for public inspection a written decision setting | ||||||
9 | forth its determinative reasoning. | ||||||
10 | (5) The purchase or lease of real property for the use | ||||||
11 | of the public body, including meetings held for the | ||||||
12 | purpose of discussing whether a particular parcel should | ||||||
13 | be acquired. | ||||||
14 | (6) The setting of a price for sale or lease of | ||||||
15 | property owned by the public body. | ||||||
16 | (7) The sale or purchase of securities, investments, | ||||||
17 | or investment contracts. This exception shall not apply to | ||||||
18 | the investment of assets or income of funds deposited into | ||||||
19 | the Illinois Prepaid Tuition Trust Fund. | ||||||
20 | (8) Security procedures, school building safety and | ||||||
21 | security, and the use of personnel and equipment to | ||||||
22 | respond to an actual, a threatened, or a reasonably | ||||||
23 | potential danger to the safety of employees, students, | ||||||
24 | staff, the public, or public property. | ||||||
25 | (9) Student disciplinary cases. | ||||||
26 | (10) The placement of individual students in special |
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1 | education programs and other matters relating to | ||||||
2 | individual students. | ||||||
3 | (11) Litigation, when an action against, affecting or | ||||||
4 | on behalf of the particular public body has been filed and | ||||||
5 | is pending before a court or administrative tribunal, or | ||||||
6 | when the public body finds that an action is probable or | ||||||
7 | imminent, in which case the basis for the finding shall be | ||||||
8 | recorded and entered into the minutes of the closed | ||||||
9 | meeting. | ||||||
10 | (12) The establishment of reserves or settlement of | ||||||
11 | claims as provided in the Local Governmental and | ||||||
12 | Governmental Employees Tort Immunity Act, if otherwise the | ||||||
13 | disposition of a claim or potential claim might be | ||||||
14 | prejudiced, or the review or discussion of claims, loss or | ||||||
15 | risk management information, records, data, advice or | ||||||
16 | communications from or with respect to any insurer of the | ||||||
17 | public body or any intergovernmental risk management | ||||||
18 | association or self insurance pool of which the public | ||||||
19 | body is a member. | ||||||
20 | (13) Conciliation of complaints of discrimination in | ||||||
21 | the sale or rental of housing, when closed meetings are | ||||||
22 | authorized by the law or ordinance prescribing fair | ||||||
23 | housing practices and creating a commission or | ||||||
24 | administrative agency for their enforcement. | ||||||
25 | (14) Informant sources, the hiring or assignment of | ||||||
26 | undercover personnel or equipment, or ongoing, prior or |
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1 | future criminal investigations, when discussed by a public | ||||||
2 | body with criminal investigatory responsibilities. | ||||||
3 | (15) Professional ethics or performance when | ||||||
4 | considered by an advisory body appointed to advise a | ||||||
5 | licensing or regulatory agency on matters germane to the | ||||||
6 | advisory body's field of competence. | ||||||
7 | (16) Self evaluation, practices and procedures or | ||||||
8 | professional ethics, when meeting with a representative of | ||||||
9 | a statewide association of which the public body is a | ||||||
10 | member. | ||||||
11 | (17) The recruitment, credentialing, discipline or | ||||||
12 | formal peer review of physicians or other health care | ||||||
13 | professionals, or for the discussion of matters protected | ||||||
14 | under the federal Patient Safety and Quality Improvement | ||||||
15 | Act of 2005, and the regulations promulgated thereunder, | ||||||
16 | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||||||
17 | Health Insurance Portability and Accountability Act of | ||||||
18 | 1996, and the regulations promulgated thereunder, | ||||||
19 | including 45 C.F.R. Parts 160, 162, and 164, by a | ||||||
20 | hospital, or other institution providing medical care, | ||||||
21 | that is operated by the public body. | ||||||
22 | (18) Deliberations for decisions of the Prisoner | ||||||
23 | Review Board. | ||||||
24 | (19) Review or discussion of applications received | ||||||
25 | under the Experimental Organ Transplantation Procedures | ||||||
26 | Act. |
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1 | (20) The classification and discussion of matters | ||||||
2 | classified as confidential or continued confidential by | ||||||
3 | the State Government Suggestion Award Board. | ||||||
4 | (21) Discussion of minutes of meetings lawfully closed | ||||||
5 | under this Act, whether for purposes of approval by the | ||||||
6 | body of the minutes or semi-annual review of the minutes | ||||||
7 | as mandated by Section 2.06. | ||||||
8 | (22) Deliberations for decisions of the State | ||||||
9 | Emergency Medical Services Disciplinary Review Board. | ||||||
10 | (23) The operation by a municipality of a municipal | ||||||
11 | utility or the operation of a municipal power agency or | ||||||
12 | municipal natural gas agency when the discussion involves | ||||||
13 | (i) contracts relating to the purchase, sale, or delivery | ||||||
14 | of electricity or natural gas or (ii) the results or | ||||||
15 | conclusions of load forecast studies. | ||||||
16 | (24) Meetings of a residential health care facility | ||||||
17 | resident sexual assault and death review team or the | ||||||
18 | Executive Council under the Abuse Prevention Review Team | ||||||
19 | Act. | ||||||
20 | (25) Meetings of an independent team of experts under | ||||||
21 | Brian's Law. | ||||||
22 | (26) Meetings of a mortality review team appointed | ||||||
23 | under the Department of Juvenile Justice Mortality Review | ||||||
24 | Team Act. | ||||||
25 | (27) (Blank). | ||||||
26 | (28) Correspondence and records (i) that may not be |
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1 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
2 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
3 | the Illinois Public Aid Code. | ||||||
4 | (29) Meetings between internal or external auditors | ||||||
5 | and governmental audit committees, finance committees, and | ||||||
6 | their equivalents, when the discussion involves internal | ||||||
7 | control weaknesses, identification of potential fraud risk | ||||||
8 | areas, known or suspected frauds, and fraud interviews | ||||||
9 | conducted in accordance with generally accepted auditing | ||||||
10 | standards of the United States of America. | ||||||
11 | (30) Those meetings or portions of meetings of a | ||||||
12 | fatality review team or the Illinois Fatality Review Team | ||||||
13 | Advisory Council during which a review of the death of an | ||||||
14 | eligible adult in which abuse or neglect is suspected, | ||||||
15 | alleged, or substantiated is conducted pursuant to Section | ||||||
16 | 15 of the Adult Protective Services Act. | ||||||
17 | (31) Meetings and deliberations for decisions of the | ||||||
18 | Concealed Carry Licensing Review Board under the Firearm | ||||||
19 | Concealed Carry Act. | ||||||
20 | (32) Meetings between the Regional Transportation | ||||||
21 | Authority Board and its Service Boards when the discussion | ||||||
22 | involves review by the Regional Transportation Authority | ||||||
23 | Board of employment contracts under Section 28d of the | ||||||
24 | Metropolitan Transit Authority Act and Sections 3A.18 and | ||||||
25 | 3B.26 of the Regional Transportation Authority Act. | ||||||
26 | (33) Those meetings or portions of meetings of the |
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1 | advisory committee and peer review subcommittee created | ||||||
2 | under Section 320 of the Illinois Controlled Substances | ||||||
3 | Act during which specific controlled substance prescriber, | ||||||
4 | dispenser, or patient information is discussed. | ||||||
5 | (34) Meetings of the Tax Increment Financing Reform | ||||||
6 | Task Force under Section 2505-800 of the Department of | ||||||
7 | Revenue Law of the Civil Administrative Code of Illinois. | ||||||
8 | (35) Meetings of the group established to discuss | ||||||
9 | Medicaid capitation rates under Section 5-30.8 of the | ||||||
10 | Illinois Public Aid Code. | ||||||
11 | (36) Those deliberations or portions of deliberations | ||||||
12 | for decisions of the Illinois Gaming Board in which there | ||||||
13 | is discussed any of the following: (i) personal, | ||||||
14 | commercial, financial, or other information obtained from | ||||||
15 | any source that is privileged, proprietary, confidential, | ||||||
16 | or a trade secret; or (ii) information specifically | ||||||
17 | exempted from the disclosure by federal or State law. | ||||||
18 | (37) Deliberations for decisions of the Illinois Law | ||||||
19 | Enforcement Training Standards Board, the Certification | ||||||
20 | Review Panel, and the Illinois State Police Merit Board | ||||||
21 | regarding certification and decertification. | ||||||
22 | (38) Meetings of the Ad Hoc Statewide Domestic | ||||||
23 | Violence Fatality Review Committee of the Illinois | ||||||
24 | Criminal Justice Information Authority Board that occur in | ||||||
25 | closed executive session under subsection (d) of Section | ||||||
26 | 35 of the Domestic Violence Fatality Review Act. |
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1 | (39) Meetings of the regional review teams under | ||||||
2 | subsection (a) of Section 75 of the Domestic Violence | ||||||
3 | Fatality Review Act. | ||||||
4 | (40) Meetings of the Firearm Owner's Identification | ||||||
5 | Card Review Board under Section 10 of the Firearm Owners | ||||||
6 | Identification Card Act before the effective date of this | ||||||
7 | amendatory Act of the 103rd General Assembly . | ||||||
8 | (d) Definitions. For purposes of this Section: | ||||||
9 | "Employee" means a person employed by a public body whose | ||||||
10 | relationship with the public body constitutes an | ||||||
11 | employer-employee relationship under the usual common law | ||||||
12 | rules, and who is not an independent contractor. | ||||||
13 | "Public office" means a position created by or under the | ||||||
14 | Constitution or laws of this State, the occupant of which is | ||||||
15 | charged with the exercise of some portion of the sovereign | ||||||
16 | power of this State. The term "public office" shall include | ||||||
17 | members of the public body, but it shall not include | ||||||
18 | organizational positions filled by members thereof, whether | ||||||
19 | established by law or by a public body itself, that exist to | ||||||
20 | assist the body in the conduct of its business. | ||||||
21 | "Quasi-adjudicative body" means an administrative body | ||||||
22 | charged by law or ordinance with the responsibility to conduct | ||||||
23 | hearings, receive evidence or testimony and make | ||||||
24 | determinations based thereon, but does not include local | ||||||
25 | electoral boards when such bodies are considering petition | ||||||
26 | challenges. |
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1 | (e) Final action. No final action may be taken at a closed | ||||||
2 | meeting. Final action shall be preceded by a public recital of | ||||||
3 | the nature of the matter being considered and other | ||||||
4 | information that will inform the public of the business being | ||||||
5 | conducted. | ||||||
6 | (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21; | ||||||
7 | 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff. | ||||||
8 | 7-28-23.) | ||||||
9 | Section 10. The Freedom of Information Act is amended by | ||||||
10 | changing Section 7.5 as follows: | ||||||
11 | (5 ILCS 140/7.5) | ||||||
12 | (Text of Section before amendment by P.A. 103-472 ) | ||||||
13 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
14 | by the statutes referenced below, the following shall be | ||||||
15 | exempt from inspection and copying: | ||||||
16 | (a) All information determined to be confidential | ||||||
17 | under Section 4002 of the Technology Advancement and | ||||||
18 | Development Act. | ||||||
19 | (b) Library circulation and order records identifying | ||||||
20 | library users with specific materials under the Library | ||||||
21 | Records Confidentiality Act. | ||||||
22 | (c) Applications, related documents, and medical | ||||||
23 | records received by the Experimental Organ Transplantation | ||||||
24 | Procedures Board and any and all documents or other |
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1 | records prepared by the Experimental Organ Transplantation | ||||||
2 | Procedures Board or its staff relating to applications it | ||||||
3 | has received. | ||||||
4 | (d) Information and records held by the Department of | ||||||
5 | Public Health and its authorized representatives relating | ||||||
6 | to known or suspected cases of sexually transmissible | ||||||
7 | disease or any information the disclosure of which is | ||||||
8 | restricted under the Illinois Sexually Transmissible | ||||||
9 | Disease Control Act. | ||||||
10 | (e) Information the disclosure of which is exempted | ||||||
11 | under Section 30 of the Radon Industry Licensing Act. | ||||||
12 | (f) Firm performance evaluations under Section 55 of | ||||||
13 | the Architectural, Engineering, and Land Surveying | ||||||
14 | Qualifications Based Selection Act. | ||||||
15 | (g) Information the disclosure of which is restricted | ||||||
16 | and exempted under Section 50 of the Illinois Prepaid | ||||||
17 | Tuition Act. | ||||||
18 | (h) Information the disclosure of which is exempted | ||||||
19 | under the State Officials and Employees Ethics Act, and | ||||||
20 | records of any lawfully created State or local inspector | ||||||
21 | general's office that would be exempt if created or | ||||||
22 | obtained by an Executive Inspector General's office under | ||||||
23 | that Act. | ||||||
24 | (i) Information contained in a local emergency energy | ||||||
25 | plan submitted to a municipality in accordance with a | ||||||
26 | local emergency energy plan ordinance that is adopted |
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1 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
2 | (j) Information and data concerning the distribution | ||||||
3 | of surcharge moneys collected and remitted by carriers | ||||||
4 | under the Emergency Telephone System Act. | ||||||
5 | (k) Law enforcement officer identification information | ||||||
6 | or driver identification information compiled by a law | ||||||
7 | enforcement agency or the Department of Transportation | ||||||
8 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
9 | (l) Records and information provided to a residential | ||||||
10 | health care facility resident sexual assault and death | ||||||
11 | review team or the Executive Council under the Abuse | ||||||
12 | Prevention Review Team Act. | ||||||
13 | (m) Information provided to the predatory lending | ||||||
14 | database created pursuant to Article 3 of the Residential | ||||||
15 | Real Property Disclosure Act, except to the extent | ||||||
16 | authorized under that Article. | ||||||
17 | (n) Defense budgets and petitions for certification of | ||||||
18 | compensation and expenses for court appointed trial | ||||||
19 | counsel as provided under Sections 10 and 15 of the | ||||||
20 | Capital Crimes Litigation Act (repealed) . This subsection | ||||||
21 | (n) shall apply until the conclusion of the trial of the | ||||||
22 | case, even if the prosecution chooses not to pursue the | ||||||
23 | death penalty prior to trial or sentencing. | ||||||
24 | (o) Information that is prohibited from being | ||||||
25 | disclosed under Section 4 of the Illinois Health and | ||||||
26 | Hazardous Substances Registry Act. |
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1 | (p) Security portions of system safety program plans, | ||||||
2 | investigation reports, surveys, schedules, lists, data, or | ||||||
3 | information compiled, collected, or prepared by or for the | ||||||
4 | Department of Transportation under Sections 2705-300 and | ||||||
5 | 2705-616 of the Department of Transportation Law of the | ||||||
6 | Civil Administrative Code of Illinois, the Regional | ||||||
7 | Transportation Authority under Section 2.11 of the | ||||||
8 | Regional Transportation Authority Act, or the St. Clair | ||||||
9 | County Transit District under the Bi-State Transit Safety | ||||||
10 | Act (repealed) . | ||||||
11 | (q) Information prohibited from being disclosed by the | ||||||
12 | Personnel Record Review Act. | ||||||
13 | (r) Information prohibited from being disclosed by the | ||||||
14 | Illinois School Student Records Act. | ||||||
15 | (s) Information the disclosure of which is restricted | ||||||
16 | under Section 5-108 of the Public Utilities Act. | ||||||
17 | (t) (Blank). | ||||||
18 | (u) Records and information provided to an independent | ||||||
19 | team of experts under the Developmental Disability and | ||||||
20 | Mental Health Safety Act (also known as Brian's Law). | ||||||
21 | (v) Names and information of people who have applied | ||||||
22 | for or received Firearm Owner's Identification Cards under | ||||||
23 | the Firearm Owners Identification Card Act before the | ||||||
24 | effective date of this amendatory Act of the 103rd General | ||||||
25 | Assembly or applied for or received a concealed carry | ||||||
26 | license under the Firearm Concealed Carry Act, unless |
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1 | otherwise authorized by the Firearm Concealed Carry Act; | ||||||
2 | and databases under the Firearm Concealed Carry Act, | ||||||
3 | records of the Concealed Carry Licensing Review Board | ||||||
4 | under the Firearm Concealed Carry Act, and law enforcement | ||||||
5 | agency objections under the Firearm Concealed Carry Act. | ||||||
6 | (v-5) Records of the Firearm Owner's Identification | ||||||
7 | Card Review Board that were are exempted from disclosure | ||||||
8 | under Section 10 of the Firearm Owners Identification Card | ||||||
9 | Act before the effective date of this amendatory Act of | ||||||
10 | the 103rd General Assembly . | ||||||
11 | (w) Personally identifiable information which is | ||||||
12 | exempted from disclosure under subsection (g) of Section | ||||||
13 | 19.1 of the Toll Highway Act. | ||||||
14 | (x) Information which is exempted from disclosure | ||||||
15 | under Section 5-1014.3 of the Counties Code or Section | ||||||
16 | 8-11-21 of the Illinois Municipal Code. | ||||||
17 | (y) Confidential information under the Adult | ||||||
18 | Protective Services Act and its predecessor enabling | ||||||
19 | statute, the Elder Abuse and Neglect Act, including | ||||||
20 | information about the identity and administrative finding | ||||||
21 | against any caregiver of a verified and substantiated | ||||||
22 | decision of abuse, neglect, or financial exploitation of | ||||||
23 | an eligible adult maintained in the Registry established | ||||||
24 | under Section 7.5 of the Adult Protective Services Act. | ||||||
25 | (z) Records and information provided to a fatality | ||||||
26 | review team or the Illinois Fatality Review Team Advisory |
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1 | Council under Section 15 of the Adult Protective Services | ||||||
2 | Act. | ||||||
3 | (aa) Information which is exempted from disclosure | ||||||
4 | under Section 2.37 of the Wildlife Code. | ||||||
5 | (bb) Information which is or was prohibited from | ||||||
6 | disclosure by the Juvenile Court Act of 1987. | ||||||
7 | (cc) Recordings made under the Law Enforcement | ||||||
8 | Officer-Worn Body Camera Act, except to the extent | ||||||
9 | authorized under that Act. | ||||||
10 | (dd) Information that is prohibited from being | ||||||
11 | disclosed under Section 45 of the Condominium and Common | ||||||
12 | Interest Community Ombudsperson Act. | ||||||
13 | (ee) Information that is exempted from disclosure | ||||||
14 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
15 | (ff) Information that is exempted from disclosure | ||||||
16 | under the Revised Uniform Unclaimed Property Act. | ||||||
17 | (gg) Information that is prohibited from being | ||||||
18 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
19 | Code. | ||||||
20 | (hh) Records that are exempt from disclosure under | ||||||
21 | Section 1A-16.7 of the Election Code. | ||||||
22 | (ii) Information which is exempted from disclosure | ||||||
23 | under Section 2505-800 of the Department of Revenue Law of | ||||||
24 | the Civil Administrative Code of Illinois. | ||||||
25 | (jj) Information and reports that are required to be | ||||||
26 | submitted to the Department of Labor by registering day |
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1 | and temporary labor service agencies but are exempt from | ||||||
2 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
3 | and Temporary Labor Services Act. | ||||||
4 | (kk) Information prohibited from disclosure under the | ||||||
5 | Seizure and Forfeiture Reporting Act. | ||||||
6 | (ll) Information the disclosure of which is restricted | ||||||
7 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
8 | Aid Code. | ||||||
9 | (mm) Records that are exempt from disclosure under | ||||||
10 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
11 | (nn) Information that is exempt from disclosure under | ||||||
12 | Section 70 of the Higher Education Student Assistance Act. | ||||||
13 | (oo) Communications, notes, records, and reports | ||||||
14 | arising out of a peer support counseling session | ||||||
15 | prohibited from disclosure under the First Responders | ||||||
16 | Suicide Prevention Act. | ||||||
17 | (pp) Names and all identifying information relating to | ||||||
18 | an employee of an emergency services provider or law | ||||||
19 | enforcement agency under the First Responders Suicide | ||||||
20 | Prevention Act. | ||||||
21 | (qq) Information and records held by the Department of | ||||||
22 | Public Health and its authorized representatives collected | ||||||
23 | under the Reproductive Health Act. | ||||||
24 | (rr) Information that is exempt from disclosure under | ||||||
25 | the Cannabis Regulation and Tax Act. | ||||||
26 | (ss) Data reported by an employer to the Department of |
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1 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
2 | Human Rights Act. | ||||||
3 | (tt) Recordings made under the Children's Advocacy | ||||||
4 | Center Act, except to the extent authorized under that | ||||||
5 | Act. | ||||||
6 | (uu) Information that is exempt from disclosure under | ||||||
7 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
8 | (vv) Information that is exempt from disclosure under | ||||||
9 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
10 | Public Aid Code. | ||||||
11 | (ww) Information that is exempt from disclosure under | ||||||
12 | Section 16.8 of the State Treasurer Act. | ||||||
13 | (xx) Information that is exempt from disclosure or | ||||||
14 | information that shall not be made public under the | ||||||
15 | Illinois Insurance Code. | ||||||
16 | (yy) Information prohibited from being disclosed under | ||||||
17 | the Illinois Educational Labor Relations Act. | ||||||
18 | (zz) Information prohibited from being disclosed under | ||||||
19 | the Illinois Public Labor Relations Act. | ||||||
20 | (aaa) Information prohibited from being disclosed | ||||||
21 | under Section 1-167 of the Illinois Pension Code. | ||||||
22 | (bbb) Information that is prohibited from disclosure | ||||||
23 | by the Illinois Police Training Act and the Illinois State | ||||||
24 | Police Act. | ||||||
25 | (ccc) Records exempt from disclosure under Section | ||||||
26 | 2605-304 of the Illinois State Police Law of the Civil |
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1 | Administrative Code of Illinois. | ||||||
2 | (ddd) Information prohibited from being disclosed | ||||||
3 | under Section 35 of the Address Confidentiality for | ||||||
4 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
5 | Trafficking, or Stalking Act. | ||||||
6 | (eee) Information prohibited from being disclosed | ||||||
7 | under subsection (b) of Section 75 of the Domestic | ||||||
8 | Violence Fatality Review Act. | ||||||
9 | (fff) Images from cameras under the Expressway Camera | ||||||
10 | Act. This subsection (fff) is inoperative on and after | ||||||
11 | July 1, 2025. | ||||||
12 | (ggg) Information prohibited from disclosure under | ||||||
13 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
14 | Agency Licensing Act. | ||||||
15 | (hhh) Information submitted to the Illinois State | ||||||
16 | Police in an affidavit or application for an assault | ||||||
17 | weapon endorsement, assault weapon attachment endorsement, | ||||||
18 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
19 | endorsement under the Firearm Owners Identification Card | ||||||
20 | Act . | ||||||
21 | (iii) Data exempt from disclosure under Section 50 of | ||||||
22 | the School Safety Drill Act. | ||||||
23 | (jjj) (hhh) Information exempt from disclosure under | ||||||
24 | Section 30 of the Insurance Data Security Law. | ||||||
25 | (kkk) (iii) Confidential business information | ||||||
26 | prohibited from disclosure under Section 45 of the Paint |
| |||||||
| |||||||
1 | Stewardship Act. | ||||||
2 | (lll) (Reserved). | ||||||
3 | (mmm) (iii) Information prohibited from being | ||||||
4 | disclosed under subsection (e) of Section 1-129 of the | ||||||
5 | Illinois Power Agency Act. | ||||||
6 | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||||||
7 | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||||||
8 | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||||||
9 | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||||||
10 | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||||||
11 | eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; | ||||||
12 | revised 1-2-24.) | ||||||
13 | (Text of Section after amendment by P.A. 103-472 ) | ||||||
14 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
15 | by the statutes referenced below, the following shall be | ||||||
16 | exempt from inspection and copying: | ||||||
17 | (a) All information determined to be confidential | ||||||
18 | under Section 4002 of the Technology Advancement and | ||||||
19 | Development Act. | ||||||
20 | (b) Library circulation and order records identifying | ||||||
21 | library users with specific materials under the Library | ||||||
22 | Records Confidentiality Act. | ||||||
23 | (c) Applications, related documents, and medical | ||||||
24 | records received by the Experimental Organ Transplantation | ||||||
25 | Procedures Board and any and all documents or other |
| |||||||
| |||||||
1 | records prepared by the Experimental Organ Transplantation | ||||||
2 | Procedures Board or its staff relating to applications it | ||||||
3 | has received. | ||||||
4 | (d) Information and records held by the Department of | ||||||
5 | Public Health and its authorized representatives relating | ||||||
6 | to known or suspected cases of sexually transmissible | ||||||
7 | disease or any information the disclosure of which is | ||||||
8 | restricted under the Illinois Sexually Transmissible | ||||||
9 | Disease Control Act. | ||||||
10 | (e) Information the disclosure of which is exempted | ||||||
11 | under Section 30 of the Radon Industry Licensing Act. | ||||||
12 | (f) Firm performance evaluations under Section 55 of | ||||||
13 | the Architectural, Engineering, and Land Surveying | ||||||
14 | Qualifications Based Selection Act. | ||||||
15 | (g) Information the disclosure of which is restricted | ||||||
16 | and exempted under Section 50 of the Illinois Prepaid | ||||||
17 | Tuition Act. | ||||||
18 | (h) Information the disclosure of which is exempted | ||||||
19 | under the State Officials and Employees Ethics Act, and | ||||||
20 | records of any lawfully created State or local inspector | ||||||
21 | general's office that would be exempt if created or | ||||||
22 | obtained by an Executive Inspector General's office under | ||||||
23 | that Act. | ||||||
24 | (i) Information contained in a local emergency energy | ||||||
25 | plan submitted to a municipality in accordance with a | ||||||
26 | local emergency energy plan ordinance that is adopted |
| |||||||
| |||||||
1 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
2 | (j) Information and data concerning the distribution | ||||||
3 | of surcharge moneys collected and remitted by carriers | ||||||
4 | under the Emergency Telephone System Act. | ||||||
5 | (k) Law enforcement officer identification information | ||||||
6 | or driver identification information compiled by a law | ||||||
7 | enforcement agency or the Department of Transportation | ||||||
8 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
9 | (l) Records and information provided to a residential | ||||||
10 | health care facility resident sexual assault and death | ||||||
11 | review team or the Executive Council under the Abuse | ||||||
12 | Prevention Review Team Act. | ||||||
13 | (m) Information provided to the predatory lending | ||||||
14 | database created pursuant to Article 3 of the Residential | ||||||
15 | Real Property Disclosure Act, except to the extent | ||||||
16 | authorized under that Article. | ||||||
17 | (n) Defense budgets and petitions for certification of | ||||||
18 | compensation and expenses for court appointed trial | ||||||
19 | counsel as provided under Sections 10 and 15 of the | ||||||
20 | Capital Crimes Litigation Act (repealed) . This subsection | ||||||
21 | (n) shall apply until the conclusion of the trial of the | ||||||
22 | case, even if the prosecution chooses not to pursue the | ||||||
23 | death penalty prior to trial or sentencing. | ||||||
24 | (o) Information that is prohibited from being | ||||||
25 | disclosed under Section 4 of the Illinois Health and | ||||||
26 | Hazardous Substances Registry Act. |
| |||||||
| |||||||
1 | (p) Security portions of system safety program plans, | ||||||
2 | investigation reports, surveys, schedules, lists, data, or | ||||||
3 | information compiled, collected, or prepared by or for the | ||||||
4 | Department of Transportation under Sections 2705-300 and | ||||||
5 | 2705-616 of the Department of Transportation Law of the | ||||||
6 | Civil Administrative Code of Illinois, the Regional | ||||||
7 | Transportation Authority under Section 2.11 of the | ||||||
8 | Regional Transportation Authority Act, or the St. Clair | ||||||
9 | County Transit District under the Bi-State Transit Safety | ||||||
10 | Act (repealed) . | ||||||
11 | (q) Information prohibited from being disclosed by the | ||||||
12 | Personnel Record Review Act. | ||||||
13 | (r) Information prohibited from being disclosed by the | ||||||
14 | Illinois School Student Records Act. | ||||||
15 | (s) Information the disclosure of which is restricted | ||||||
16 | under Section 5-108 of the Public Utilities Act. | ||||||
17 | (t) (Blank). | ||||||
18 | (u) Records and information provided to an independent | ||||||
19 | team of experts under the Developmental Disability and | ||||||
20 | Mental Health Safety Act (also known as Brian's Law). | ||||||
21 | (v) Names and information of people who have applied | ||||||
22 | for or received Firearm Owner's Identification Cards under | ||||||
23 | the Firearm Owners Identification Card Act before the | ||||||
24 | effective date of this amendatory Act of the 103rd General | ||||||
25 | Assembly or applied for or received a concealed carry | ||||||
26 | license under the Firearm Concealed Carry Act, unless |
| |||||||
| |||||||
1 | otherwise authorized by the Firearm Concealed Carry Act; | ||||||
2 | and databases under the Firearm Concealed Carry Act, | ||||||
3 | records of the Concealed Carry Licensing Review Board | ||||||
4 | under the Firearm Concealed Carry Act, and law enforcement | ||||||
5 | agency objections under the Firearm Concealed Carry Act. | ||||||
6 | (v-5) Records of the Firearm Owner's Identification | ||||||
7 | Card Review Board that were are exempted from disclosure | ||||||
8 | under Section 10 of the Firearm Owners Identification Card | ||||||
9 | Act before the effective date of this amendatory Act of | ||||||
10 | the 103rd General Assembly . | ||||||
11 | (w) Personally identifiable information which is | ||||||
12 | exempted from disclosure under subsection (g) of Section | ||||||
13 | 19.1 of the Toll Highway Act. | ||||||
14 | (x) Information which is exempted from disclosure | ||||||
15 | under Section 5-1014.3 of the Counties Code or Section | ||||||
16 | 8-11-21 of the Illinois Municipal Code. | ||||||
17 | (y) Confidential information under the Adult | ||||||
18 | Protective Services Act and its predecessor enabling | ||||||
19 | statute, the Elder Abuse and Neglect Act, including | ||||||
20 | information about the identity and administrative finding | ||||||
21 | against any caregiver of a verified and substantiated | ||||||
22 | decision of abuse, neglect, or financial exploitation of | ||||||
23 | an eligible adult maintained in the Registry established | ||||||
24 | under Section 7.5 of the Adult Protective Services Act. | ||||||
25 | (z) Records and information provided to a fatality | ||||||
26 | review team or the Illinois Fatality Review Team Advisory |
| |||||||
| |||||||
1 | Council under Section 15 of the Adult Protective Services | ||||||
2 | Act. | ||||||
3 | (aa) Information which is exempted from disclosure | ||||||
4 | under Section 2.37 of the Wildlife Code. | ||||||
5 | (bb) Information which is or was prohibited from | ||||||
6 | disclosure by the Juvenile Court Act of 1987. | ||||||
7 | (cc) Recordings made under the Law Enforcement | ||||||
8 | Officer-Worn Body Camera Act, except to the extent | ||||||
9 | authorized under that Act. | ||||||
10 | (dd) Information that is prohibited from being | ||||||
11 | disclosed under Section 45 of the Condominium and Common | ||||||
12 | Interest Community Ombudsperson Act. | ||||||
13 | (ee) Information that is exempted from disclosure | ||||||
14 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
15 | (ff) Information that is exempted from disclosure | ||||||
16 | under the Revised Uniform Unclaimed Property Act. | ||||||
17 | (gg) Information that is prohibited from being | ||||||
18 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
19 | Code. | ||||||
20 | (hh) Records that are exempt from disclosure under | ||||||
21 | Section 1A-16.7 of the Election Code. | ||||||
22 | (ii) Information which is exempted from disclosure | ||||||
23 | under Section 2505-800 of the Department of Revenue Law of | ||||||
24 | the Civil Administrative Code of Illinois. | ||||||
25 | (jj) Information and reports that are required to be | ||||||
26 | submitted to the Department of Labor by registering day |
| |||||||
| |||||||
1 | and temporary labor service agencies but are exempt from | ||||||
2 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
3 | and Temporary Labor Services Act. | ||||||
4 | (kk) Information prohibited from disclosure under the | ||||||
5 | Seizure and Forfeiture Reporting Act. | ||||||
6 | (ll) Information the disclosure of which is restricted | ||||||
7 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
8 | Aid Code. | ||||||
9 | (mm) Records that are exempt from disclosure under | ||||||
10 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
11 | (nn) Information that is exempt from disclosure under | ||||||
12 | Section 70 of the Higher Education Student Assistance Act. | ||||||
13 | (oo) Communications, notes, records, and reports | ||||||
14 | arising out of a peer support counseling session | ||||||
15 | prohibited from disclosure under the First Responders | ||||||
16 | Suicide Prevention Act. | ||||||
17 | (pp) Names and all identifying information relating to | ||||||
18 | an employee of an emergency services provider or law | ||||||
19 | enforcement agency under the First Responders Suicide | ||||||
20 | Prevention Act. | ||||||
21 | (qq) Information and records held by the Department of | ||||||
22 | Public Health and its authorized representatives collected | ||||||
23 | under the Reproductive Health Act. | ||||||
24 | (rr) Information that is exempt from disclosure under | ||||||
25 | the Cannabis Regulation and Tax Act. | ||||||
26 | (ss) Data reported by an employer to the Department of |
| |||||||
| |||||||
1 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
2 | Human Rights Act. | ||||||
3 | (tt) Recordings made under the Children's Advocacy | ||||||
4 | Center Act, except to the extent authorized under that | ||||||
5 | Act. | ||||||
6 | (uu) Information that is exempt from disclosure under | ||||||
7 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
8 | (vv) Information that is exempt from disclosure under | ||||||
9 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
10 | Public Aid Code. | ||||||
11 | (ww) Information that is exempt from disclosure under | ||||||
12 | Section 16.8 of the State Treasurer Act. | ||||||
13 | (xx) Information that is exempt from disclosure or | ||||||
14 | information that shall not be made public under the | ||||||
15 | Illinois Insurance Code. | ||||||
16 | (yy) Information prohibited from being disclosed under | ||||||
17 | the Illinois Educational Labor Relations Act. | ||||||
18 | (zz) Information prohibited from being disclosed under | ||||||
19 | the Illinois Public Labor Relations Act. | ||||||
20 | (aaa) Information prohibited from being disclosed | ||||||
21 | under Section 1-167 of the Illinois Pension Code. | ||||||
22 | (bbb) Information that is prohibited from disclosure | ||||||
23 | by the Illinois Police Training Act and the Illinois State | ||||||
24 | Police Act. | ||||||
25 | (ccc) Records exempt from disclosure under Section | ||||||
26 | 2605-304 of the Illinois State Police Law of the Civil |
| |||||||
| |||||||
1 | Administrative Code of Illinois. | ||||||
2 | (ddd) Information prohibited from being disclosed | ||||||
3 | under Section 35 of the Address Confidentiality for | ||||||
4 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
5 | Trafficking, or Stalking Act. | ||||||
6 | (eee) Information prohibited from being disclosed | ||||||
7 | under subsection (b) of Section 75 of the Domestic | ||||||
8 | Violence Fatality Review Act. | ||||||
9 | (fff) Images from cameras under the Expressway Camera | ||||||
10 | Act. This subsection (fff) is inoperative on and after | ||||||
11 | July 1, 2025. | ||||||
12 | (ggg) Information prohibited from disclosure under | ||||||
13 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
14 | Agency Licensing Act. | ||||||
15 | (hhh) Information submitted to the Illinois State | ||||||
16 | Police in an affidavit or application for an assault | ||||||
17 | weapon endorsement, assault weapon attachment endorsement, | ||||||
18 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
19 | endorsement under the Firearm Owners Identification Card | ||||||
20 | Act. | ||||||
21 | (iii) Data exempt from disclosure under Section 50 of | ||||||
22 | the School Safety Drill Act. | ||||||
23 | (jjj) (hhh) Information exempt from disclosure under | ||||||
24 | Section 30 of the Insurance Data Security Law. | ||||||
25 | (kkk) (iii) Confidential business information | ||||||
26 | prohibited from disclosure under Section 45 of the Paint |
| |||||||
| |||||||
1 | Stewardship Act. | ||||||
2 | (lll) (iii) Data exempt from disclosure under Section | ||||||
3 | 2-3.196 of the School Code. | ||||||
4 | (mmm) (iii) Information prohibited from being | ||||||
5 | disclosed under subsection (e) of Section 1-129 of the | ||||||
6 | Illinois Power Agency Act. | ||||||
7 | (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; | ||||||
8 | 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. | ||||||
9 | 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; | ||||||
10 | 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. | ||||||
11 | 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, | ||||||
12 | eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; | ||||||
13 | 103-580, eff. 12-8-23; revised 1-2-24.) | ||||||
14 | Section 15. The Illinois TRUST Act is amended by changing | ||||||
15 | Section 15 as follows: | ||||||
16 | (5 ILCS 805/15) | ||||||
17 | Sec. 15. Prohibition on enforcing federal civil | ||||||
18 | immigration laws. | ||||||
19 | (a) A law enforcement agency or law enforcement official | ||||||
20 | shall not detain or continue to detain any individual solely | ||||||
21 | on the basis of any immigration detainer or civil immigration | ||||||
22 | warrant or otherwise comply with an immigration detainer or | ||||||
23 | civil immigration warrant. | ||||||
24 | (b) A law enforcement agency or law enforcement official |
| |||||||
| |||||||
1 | shall not stop, arrest, search, detain, or continue to detain | ||||||
2 | a person solely based on an individual's citizenship or | ||||||
3 | immigration status. | ||||||
4 | (c) (Blank). | ||||||
5 | (d) A law enforcement agency or law enforcement official | ||||||
6 | acting in good faith in compliance with this Section who | ||||||
7 | releases a person subject to an immigration detainer or civil | ||||||
8 | immigration warrant shall have immunity from any civil or | ||||||
9 | criminal liability that might otherwise occur as a result of | ||||||
10 | making the release, with the exception of willful or wanton | ||||||
11 | misconduct. | ||||||
12 | (e) A law enforcement agency or law enforcement official | ||||||
13 | may not inquire about or investigate the citizenship or | ||||||
14 | immigration status or place of birth of any individual in the | ||||||
15 | agency or official's custody or who has otherwise been stopped | ||||||
16 | or detained by the agency or official. Nothing in this | ||||||
17 | subsection shall be construed to limit the ability of a law | ||||||
18 | enforcement agency or law enforcement official, pursuant to | ||||||
19 | State or federal law, to notify a person in the law enforcement | ||||||
20 | agency's custody about that person's right to communicate with | ||||||
21 | consular officers from that person's country of nationality, | ||||||
22 | or facilitate such communication, in accordance with the | ||||||
23 | Vienna Convention on Consular Relations or other bilateral | ||||||
24 | agreements. Nothing in this subsection shall be construed to | ||||||
25 | limit the ability of a law enforcement agency or law | ||||||
26 | enforcement official to request evidence of citizenship or |
| |||||||
| |||||||
1 | immigration status pursuant to the Firearm Owners | ||||||
2 | Identification Card Act, the Firearm Concealed Carry Act, | ||||||
3 | Article 24 of the Criminal Code of 2012, or 18 United States | ||||||
4 | Code Sections 921 through 931. | ||||||
5 | (f) Unless otherwise limited by federal law, a law | ||||||
6 | enforcement agency or law enforcement official may not deny | ||||||
7 | services, benefits, privileges, or opportunities to an | ||||||
8 | individual in custody or under probation status, including, | ||||||
9 | but not limited to, eligibility for or placement in a lower | ||||||
10 | custody classification, educational, rehabilitative, or | ||||||
11 | diversionary programs, on the basis of the individual's | ||||||
12 | citizenship or immigration status, the issuance of an | ||||||
13 | immigration detainer or civil immigration warrant against the | ||||||
14 | individual, or the individual being in immigration removal | ||||||
15 | proceedings. | ||||||
16 | (g)(1) No law enforcement agency, law enforcement | ||||||
17 | official, or any unit of State or local government may enter | ||||||
18 | into or renew any contract, intergovernmental service | ||||||
19 | agreement, or any other agreement to house or detain | ||||||
20 | individuals for federal civil immigration violations. | ||||||
21 | (2) Any law enforcement agency, law enforcement official, | ||||||
22 | or unit of State or local government with an existing | ||||||
23 | contract, intergovernmental agreement, or other agreement, | ||||||
24 | whether in whole or in part, that is utilized to house or | ||||||
25 | detain individuals for civil immigration violations shall | ||||||
26 | exercise the termination provision in the agreement as applied |
| |||||||
| |||||||
1 | to housing or detaining individuals for civil immigration | ||||||
2 | violations no later than January 1, 2022. | ||||||
3 | (h) Unless presented with a federal criminal warrant, or | ||||||
4 | otherwise required by federal law, a law enforcement agency or | ||||||
5 | official may not: | ||||||
6 | (1) participate, support, or assist in any capacity | ||||||
7 | with an immigration agent's enforcement operations, | ||||||
8 | including any collateral assistance such as coordinating | ||||||
9 | an arrest in a courthouse or other public facility, | ||||||
10 | providing use of any equipment, transporting any | ||||||
11 | individuals, or establishing a security or traffic | ||||||
12 | perimeter surrounding such operations, or any other | ||||||
13 | on-site support; | ||||||
14 | (2) give any immigration agent access, including by | ||||||
15 | telephone, to any individual who is in that agency's | ||||||
16 | custody; | ||||||
17 | (3) transfer any person into an immigration agent's | ||||||
18 | custody; | ||||||
19 | (4) permit immigration agents use of agency facilities | ||||||
20 | or equipment, including any agency electronic databases | ||||||
21 | not available to the public, for investigative interviews | ||||||
22 | or other investigative or immigration enforcement purpose; | ||||||
23 | (5) enter into or maintain any agreement regarding | ||||||
24 | direct access to any electronic database or other | ||||||
25 | data-sharing platform maintained by any law enforcement | ||||||
26 | agency, or otherwise provide such direct access to the |
| |||||||
| |||||||
1 | U.S. Immigration and Customs Enforcement, United States | ||||||
2 | Customs and Border Protection or any other federal entity | ||||||
3 | enforcing civil immigration violations; | ||||||
4 | (6) provide information in response to any immigration | ||||||
5 | agent's inquiry or request for information regarding any | ||||||
6 | individual in the agency's custody; or | ||||||
7 | (7) provide to any immigration agent information not | ||||||
8 | otherwise available to the public relating to an | ||||||
9 | individual's release or contact information, or otherwise | ||||||
10 | facilitate for an immigration agent to apprehend or | ||||||
11 | question an individual for immigration enforcement. | ||||||
12 | (i) Nothing in this Section shall preclude a law | ||||||
13 | enforcement official from otherwise executing that official's | ||||||
14 | duties in investigating violations of criminal law and | ||||||
15 | cooperating in such investigations with federal and other law | ||||||
16 | enforcement agencies (including criminal investigations | ||||||
17 | conducted by federal Homeland Security Investigations (HSI)) | ||||||
18 | in order to ensure public safety. | ||||||
19 | (Source: P.A. 102-234, eff. 8-2-21; 103-154, eff. 6-30-23.) | ||||||
20 | Section 20. The Gun Trafficking Information Act is amended | ||||||
21 | by changing Section 10-5 as follows: | ||||||
22 | (5 ILCS 830/10-5) | ||||||
23 | Sec. 10-5. Gun trafficking information. | ||||||
24 | (a) The Illinois State Police shall use all reasonable |
| |||||||
| |||||||
1 | efforts, as allowed by State law and regulations, federal law | ||||||
2 | and regulations, and executed Memoranda of Understanding | ||||||
3 | between Illinois law enforcement agencies and the U.S. Bureau | ||||||
4 | of Alcohol, Tobacco, Firearms and Explosives, in making | ||||||
5 | publicly available, on a regular and ongoing basis, key | ||||||
6 | information related to firearms used in the commission of | ||||||
7 | crimes in this State, including, but not limited to: reports | ||||||
8 | on crimes committed with firearms, locations where the crimes | ||||||
9 | occurred, the number of persons killed or injured in the | ||||||
10 | commission of the crimes, the state where the firearms used | ||||||
11 | originated, the Federal Firearms Licensee that sold the | ||||||
12 | firearm, the type of firearms used, if known, annual | ||||||
13 | statistical information concerning Firearm Owner's | ||||||
14 | Identification Card and concealed carry license applications, | ||||||
15 | revocations, and compliance with Section 9.5 of the Firearm | ||||||
16 | Owners Identification Card Act, the information required in | ||||||
17 | the report or on the Illinois State Police's website under | ||||||
18 | Section 85 of the Firearms Restraining Order Act, and firearm | ||||||
19 | dealer license certification inspections. The Illinois State | ||||||
20 | Police shall make the information available on its website, | ||||||
21 | which may be presented in a dashboard format, in addition to | ||||||
22 | electronically filing a report with the Governor and the | ||||||
23 | General Assembly. The report to the General Assembly shall be | ||||||
24 | filed with the Clerk of the House of Representatives and the | ||||||
25 | Secretary of the Senate in electronic form only, in the manner | ||||||
26 | that the Clerk and the Secretary shall direct. |
| |||||||
| |||||||
1 | (b) (Blank). The Illinois State Police shall study, on a | ||||||
2 | regular and ongoing basis, and compile reports on the number | ||||||
3 | of Firearm Owner's Identification Card checks to determine | ||||||
4 | firearms trafficking or straw purchase patterns. The Illinois | ||||||
5 | State Police shall, to the extent not inconsistent with law, | ||||||
6 | share such reports and underlying data with academic centers, | ||||||
7 | foundations, and law enforcement agencies studying firearms | ||||||
8 | trafficking, provided that personally identifying information | ||||||
9 | is protected. For purposes of this subsection (b), a Firearm | ||||||
10 | Owner's Identification Card number is not personally | ||||||
11 | identifying information, provided that no other personal | ||||||
12 | information of the card holder is attached to the record. The | ||||||
13 | Illinois State Police may create and attach an alternate | ||||||
14 | unique identifying number to each Firearm Owner's | ||||||
15 | Identification Card number, instead of releasing the Firearm | ||||||
16 | Owner's Identification Card number itself. | ||||||
17 | (c) Each department, office, division, and agency of this | ||||||
18 | State shall, to the extent not inconsistent with law, | ||||||
19 | cooperate fully with the Illinois State Police and furnish the | ||||||
20 | Illinois State Police with all relevant information and | ||||||
21 | assistance on a timely basis as is necessary to accomplish the | ||||||
22 | purpose of this Act. The Illinois Criminal Justice Information | ||||||
23 | Authority shall submit the information required in subsection | ||||||
24 | (a) of this Section to the Illinois State Police, and any other | ||||||
25 | information as the Illinois State Police may request, to | ||||||
26 | assist the Illinois State Police in carrying out its duties |
| |||||||
| |||||||
1 | under this Act. | ||||||
2 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
3 | 102-813, eff. 5-13-22; 103-34, eff. 6-9-23.) | ||||||
4 | Section 25. The First Responders Suicide Prevention Act is | ||||||
5 | amended by changing Section 40 as follows: | ||||||
6 | (5 ILCS 840/40) | ||||||
7 | Sec. 40. Task Force recommendations. | ||||||
8 | (a) Task Force members shall recommend that agencies and | ||||||
9 | organizations guarantee access to mental health and wellness | ||||||
10 | services, including, but not limited to, peer support programs | ||||||
11 | and providing ongoing education related to the ever-evolving | ||||||
12 | concept of mental health wellness. These recommendations could | ||||||
13 | be accomplished by: | ||||||
14 | (1) Revising agencies' and organizations' employee | ||||||
15 | assistance programs (EAPs). | ||||||
16 | (2) Urging health care providers to replace outdated | ||||||
17 | healthcare plans and include more progressive options | ||||||
18 | catering to the needs and disproportionate risks | ||||||
19 | shouldered by our first responders. | ||||||
20 | (3) Allocating funding or resources for public service | ||||||
21 | announcements (PSA) and messaging campaigns aimed at | ||||||
22 | raising awareness of available assistance options. | ||||||
23 | (4) Encouraging agencies and organizations to attach | ||||||
24 | lists of all available resources to training manuals and |
| |||||||
| |||||||
1 | continuing education requirements. | ||||||
2 | (b) Task Force members shall recommend agencies and | ||||||
3 | organizations sponsor or facilitate first responders with | ||||||
4 | specialized training in the areas of psychological fitness, | ||||||
5 | depressive disorders, early detection, and mitigation best | ||||||
6 | practices. Such trainings could be accomplished by: | ||||||
7 | (1) Assigning, appointing, or designating one member | ||||||
8 | of an agency or organization to attend specialized | ||||||
9 | training(s) sponsored by an accredited agency, | ||||||
10 | association, or organization recognized in their fields of | ||||||
11 | study. | ||||||
12 | (2) Seeking sponsorships or conducting fund-raisers, | ||||||
13 | to host annual or semiannual on-site visits from qualified | ||||||
14 | clinicians or physicians to provide early detection | ||||||
15 | training techniques, or to provide regular access to | ||||||
16 | mental health professionals. | ||||||
17 | (3) Requiring a minimum number of hours of disorders | ||||||
18 | and wellness training be incorporated into reoccurring, | ||||||
19 | annual or biannual training standards, examinations, and | ||||||
20 | curriculums, taking into close consideration respective | ||||||
21 | agency or organization size, frequency, and number of all | ||||||
22 | current federal and state mandatory examinations and | ||||||
23 | trainings expected respectively. | ||||||
24 | (4) Not underestimating the crucial importance of a | ||||||
25 | balanced diet, sleep, mindfulness-based stress reduction | ||||||
26 | techniques, moderate and vigorous intensity activities, |
| |||||||
| |||||||
1 | and recreational hobbies, which have been scientifically | ||||||
2 | proven to play a major role in brain health and mental | ||||||
3 | wellness. | ||||||
4 | (c) Task Force members shall recommend that administrators | ||||||
5 | and leadership personnel solicit training services from | ||||||
6 | evidence-based, data driven organizations. Organizations with | ||||||
7 | personnel trained on the analytical review and interpretation | ||||||
8 | of specific fields related to the nature of first responders' | ||||||
9 | exploits, such as PTSD, substance abuse, chronic state of | ||||||
10 | duress. Task Force members shall further recommend funding for | ||||||
11 | expansion and messaging campaigns of preliminary | ||||||
12 | self-diagnosing technologies like the one described above. | ||||||
13 | These objectives could be met by: | ||||||
14 | (1) Contacting an accredited agency, association, or | ||||||
15 | organization recognized in the field or fields of specific | ||||||
16 | study. Unbeknownst to the majority, many of the agencies | ||||||
17 | and organizations listed above receive grants and | ||||||
18 | allocations to assist communities with the very issues | ||||||
19 | being discussed in this Section. | ||||||
20 | (2) Normalizing help-seeking behaviors for both first | ||||||
21 | responders and their families through regular messaging | ||||||
22 | and peer support outreach, beginning with academy | ||||||
23 | curricula and continuing education throughout individuals' | ||||||
24 | careers. | ||||||
25 | (3) Funding and implementing PSA campaigns that | ||||||
26 | provide clear and concise calls to action about mental |
| |||||||
| |||||||
1 | health and wellness, resiliency, help-seeking, treatment, | ||||||
2 | and recovery. | ||||||
3 | (4) Promoting and raising awareness of not-for-profit | ||||||
4 | organizations currently available to assist individuals in | ||||||
5 | search of care and treatment. Organizations have intuitive | ||||||
6 | user-friendly sites, most of which have mobile | ||||||
7 | applications, so first responders can access at a moment's | ||||||
8 | notice. However, because of limited funds, these | ||||||
9 | organizations have a challenging time of getting the word | ||||||
10 | out there about their existence. | ||||||
11 | (5) Expanding Family and Medical Leave Act protections | ||||||
12 | for individuals voluntarily seeking preventative | ||||||
13 | treatment. | ||||||
14 | (6) Promoting and ensuring complete patient | ||||||
15 | confidentiality protections. | ||||||
16 | (d) Task Force members shall recommend that agencies and | ||||||
17 | organizations incorporate the following training components | ||||||
18 | into already existing modules and educational curriculums. | ||||||
19 | Doing so could be done by: | ||||||
20 | (1) Bolstering academy and school curricula by | ||||||
21 | requiring depressive disorder training catered to PTSD, | ||||||
22 | substance abuse, and early detection techniques training, | ||||||
23 | taking into close consideration respective agency or | ||||||
24 | organization size, and the frequency and number of all | ||||||
25 | current federal and state mandatory examinations and | ||||||
26 | trainings expected respectively. |
| |||||||
| |||||||
1 | (2) Continuing to allocate or match federal and state | ||||||
2 | funds to maintain Mobile Training Units (MTUs). | ||||||
3 | (3) Incorporating a state certificate for peer support | ||||||
4 | training into already existing exiting statewide | ||||||
5 | curriculums and mandatory examinations, annual State Fire | ||||||
6 | Marshal examinations, and physical fitness examinations. | ||||||
7 | The subject matter of the certificate should have an | ||||||
8 | emphasis on mental health and wellness, as well as | ||||||
9 | familiarization with topics ranging from clinical social | ||||||
10 | work, clinical psychology, clinical behaviorist, and | ||||||
11 | clinical psychiatry. | ||||||
12 | (4) Incorporating and performing statewide mental | ||||||
13 | health check-ins during the same times as already mandated | ||||||
14 | trainings. These checks are not to be compared or used as | ||||||
15 | measures of fitness for duty evaluations or structured | ||||||
16 | psychological examinations. | ||||||
17 | (5) Recommending comprehensive and evidence-based | ||||||
18 | training on the importance of preventative measures on the | ||||||
19 | topics of sleep, nutrition, mindfulness, and physical | ||||||
20 | movement. | ||||||
21 | (6) (Blank). Law enforcement agencies should provide | ||||||
22 | training on the Firearm Owner's Identification Card Act, | ||||||
23 | including seeking relief from the Illinois State Police | ||||||
24 | under Section 10 of the Firearm Owners Identification Card | ||||||
25 | Act and a FOID card being a continued condition of | ||||||
26 | employment under Section 7.2 of the Uniform Peace |
| |||||||
| |||||||
1 | Officers' Disciplinary Act. | ||||||
2 | (Source: P.A. 102-352, eff. 6-1-22; 103-154, eff. 6-30-23; | ||||||
3 | revised 1-20-24.) | ||||||
4 | Section 30. The Department of Natural Resources | ||||||
5 | (Conservation) Law of the Civil Administrative Code of | ||||||
6 | Illinois is amended by changing Section 805-538 as follows: | ||||||
7 | (20 ILCS 805/805-538) | ||||||
8 | Sec. 805-538. Retiring officer; purchase of service | ||||||
9 | firearm and police badge. The Director of Natural Resources | ||||||
10 | shall establish a program to allow a Conservation Police | ||||||
11 | Officer who is honorably retiring in good standing to purchase | ||||||
12 | either one or both of the following: (1) any Department of | ||||||
13 | Natural Resources police badge previously issued to that | ||||||
14 | officer; or (2) if the officer has a currently valid Firearm | ||||||
15 | Owner's Identification Card, the service firearm issued or | ||||||
16 | previously issued to the officer by the Department of Natural | ||||||
17 | Resources. The cost of the firearm shall be the replacement | ||||||
18 | value of the firearm and not the firearm's fair market value. | ||||||
19 | (Source: P.A. 100-931, eff. 8-17-18.) | ||||||
20 | Section 35. The Department of Revenue Law of the Civil | ||||||
21 | Administrative Code of Illinois is amended by changing Section | ||||||
22 | 2505-306 as follows: |
| |||||||
| |||||||
1 | (20 ILCS 2505/2505-306) | ||||||
2 | Sec. 2505-306. Retiring investigators; purchase of service | ||||||
3 | firearm and badge. The Director shall establish a program to | ||||||
4 | allow a Department investigator who is honorably retiring in | ||||||
5 | good standing to purchase either one or both of the following: | ||||||
6 | (1) any badge previously issued to the investigator by the | ||||||
7 | Department; or (2) if the investigator has a currently valid | ||||||
8 | Firearm Owner's Identification Card, the service firearm | ||||||
9 | issued or previously issued to the investigator by the | ||||||
10 | Department. The cost of the firearm shall be the replacement | ||||||
11 | value of the firearm and not the firearm's fair market value. | ||||||
12 | (Source: P.A. 102-719, eff. 5-6-22.) | ||||||
13 | Section 40. The Illinois State Police Law of the Civil | ||||||
14 | Administrative Code of Illinois is amended by changing | ||||||
15 | Sections 2605-10, 2605-45, 2605-200, 2605-595, and 2605-605 as | ||||||
16 | follows: | ||||||
17 | (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part) | ||||||
18 | Sec. 2605-10. Powers and duties, generally. | ||||||
19 | (a) The Illinois State Police shall exercise the rights, | ||||||
20 | powers, and duties that have been vested in the Illinois State | ||||||
21 | Police by the following: | ||||||
22 | The Illinois State Police Act. | ||||||
23 | The Illinois State Police Radio Act. | ||||||
24 | The Criminal Identification Act. |
| |||||||
| |||||||
1 | The Illinois Vehicle Code. | ||||||
2 | The Firearm Owners Identification Card Act. | ||||||
3 | The Firearm Concealed Carry Act. | ||||||
4 | The Firearm Dealer License Certification Act. | ||||||
5 | The Intergovernmental Missing Child Recovery Act of | ||||||
6 | 1984. | ||||||
7 | The Intergovernmental Drug Laws Enforcement Act. | ||||||
8 | The Narcotic Control Division Abolition Act. | ||||||
9 | The Illinois Uniform Conviction Information Act. | ||||||
10 | The Murderer and Violent Offender Against Youth | ||||||
11 | Registration Act. | ||||||
12 | (b) The Illinois State Police shall have the powers and | ||||||
13 | duties set forth in the following Sections. | ||||||
14 | (c) The Illinois State Police shall exercise the rights, | ||||||
15 | powers, and duties vested in the Illinois State Police to | ||||||
16 | implement the following protective service functions for State | ||||||
17 | facilities, State officials, and State employees serving in | ||||||
18 | their official capacity: | ||||||
19 | (1) Utilize subject matter expertise and law | ||||||
20 | enforcement authority to strengthen the protection of | ||||||
21 | State government facilities, State employees, State | ||||||
22 | officials, and State critical infrastructure. | ||||||
23 | (2) Coordinate State, federal, and local law | ||||||
24 | enforcement activities involving the protection of State | ||||||
25 | facilities, officials, and employees. | ||||||
26 | (3) Conduct investigations of criminal threats to |
| |||||||
| |||||||
1 | State facilities, State critical infrastructure, State | ||||||
2 | officials, and State employees. | ||||||
3 | (4) Train State officials and employees in personal | ||||||
4 | protection, crime prevention, facility occupant emergency | ||||||
5 | planning, and incident management. | ||||||
6 | (5) Establish standard protocols for prevention and | ||||||
7 | response to criminal threats to State facilities, State | ||||||
8 | officials, State employees, and State critical | ||||||
9 | infrastructure and standard protocols for reporting of | ||||||
10 | suspicious activities. | ||||||
11 | (6) Establish minimum operational standards, | ||||||
12 | qualifications, training, and compliance requirements for | ||||||
13 | State employees and contractors engaged in the protection | ||||||
14 | of State facilities and employees. | ||||||
15 | (7) At the request of departments or agencies of State | ||||||
16 | government, conduct security assessments, including, but | ||||||
17 | not limited to, examination of alarm systems, cameras | ||||||
18 | systems, access points, personnel readiness, and emergency | ||||||
19 | protocols based on risk and need. | ||||||
20 | (8) Oversee the planning and implementation of | ||||||
21 | security and law enforcement activities necessary for the | ||||||
22 | protection of major, multi-jurisdictional events | ||||||
23 | implicating potential criminal threats to State officials, | ||||||
24 | State employees, or State-owned, State-leased, or | ||||||
25 | State-operated critical infrastructure or facilities. | ||||||
26 | (9) Oversee and direct the planning and implementation |
| |||||||
| |||||||
1 | of security and law enforcement activities by the | ||||||
2 | departments and agencies of the State necessary for the | ||||||
3 | protection of State employees, State officials, and | ||||||
4 | State-owned, State-leased, or State-operated critical | ||||||
5 | infrastructure or facilities from criminal activity. | ||||||
6 | (10) Advise the Governor and Homeland Security Advisor | ||||||
7 | on any matters necessary for the effective protection of | ||||||
8 | State facilities, critical infrastructure, officials, and | ||||||
9 | employees from criminal threats. | ||||||
10 | (11) Utilize intergovernmental agreements and | ||||||
11 | administrative rules as needed for the effective, | ||||||
12 | efficient implementation of law enforcement and support | ||||||
13 | activities necessary for the protection of State | ||||||
14 | facilities, State infrastructure, State employees, and, | ||||||
15 | upon the express written consent of State constitutional | ||||||
16 | officials, State constitutional officials. | ||||||
17 | (Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24; | ||||||
18 | 103-564, eff. 11-17-23 .) | ||||||
19 | (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5) | ||||||
20 | Sec. 2605-45. Division of Justice Services. The Division | ||||||
21 | of Justice Services shall provide administrative and technical | ||||||
22 | services and support to the Illinois State Police, criminal | ||||||
23 | justice agencies, and the public and shall exercise the | ||||||
24 | following functions: | ||||||
25 | (1) Operate and maintain the Law Enforcement Agencies |
| |||||||
| |||||||
1 | Data System (LEADS), a statewide, computerized | ||||||
2 | telecommunications system designed to provide services, | ||||||
3 | information, and capabilities to the law enforcement and | ||||||
4 | criminal justice community in the State of Illinois. The | ||||||
5 | Director is responsible for establishing policy, | ||||||
6 | procedures, and regulations consistent with State and | ||||||
7 | federal rules, policies, and law by which LEADS operates. | ||||||
8 | The Director shall designate a statewide LEADS | ||||||
9 | Administrator for management of the system. The Director | ||||||
10 | may appoint a LEADS Advisory Policy Board to reflect the | ||||||
11 | needs and desires of the law enforcement and criminal | ||||||
12 | justice community and to make recommendations concerning | ||||||
13 | policies and procedures. | ||||||
14 | (2) Pursue research and the publication of studies | ||||||
15 | pertaining to local law enforcement activities. | ||||||
16 | (3) Serve as the State's point of contact for the | ||||||
17 | Federal Bureau of Investigation's Uniform Crime Reporting | ||||||
18 | Program and National Incident-Based Reporting System. | ||||||
19 | (4) Operate an electronic data processing and computer | ||||||
20 | center for the storage and retrieval of data pertaining to | ||||||
21 | criminal activity. | ||||||
22 | (5) Exercise the rights, powers, and duties vested in | ||||||
23 | the Illinois State Police by the Cannabis Regulation and | ||||||
24 | Tax Act and the Compassionate Use of Medical Cannabis | ||||||
25 | Program Act. | ||||||
26 | (6) (Blank). |
| |||||||
| |||||||
1 | (6.5) Exercise the rights, powers, and duties vested | ||||||
2 | in the Illinois State Police by the Firearm Owners | ||||||
3 | Identification Card Act, the Firearm Concealed Carry Act, | ||||||
4 | the Firearm Transfer Inquiry Program, the prohibited | ||||||
5 | persons portal under Section 2605-304, and the Firearm | ||||||
6 | Dealer License Certification Act. | ||||||
7 | (7) Exercise other duties that may be assigned by the | ||||||
8 | Director to fulfill the responsibilities and achieve the | ||||||
9 | purposes of the Illinois State Police. | ||||||
10 | (8) Exercise the rights, powers, and duties vested by | ||||||
11 | law in the Illinois State Police by the Criminal | ||||||
12 | Identification Act and the Illinois Uniform Conviction | ||||||
13 | Information Act. | ||||||
14 | (9) Exercise the powers and perform the duties that | ||||||
15 | have been vested in the Illinois State Police by the | ||||||
16 | Murderer and Violent Offender Against Youth Registration | ||||||
17 | Act, the Sex Offender Registration Act, and the Sex | ||||||
18 | Offender Community Notification Law and adopt reasonable | ||||||
19 | rules necessitated thereby. | ||||||
20 | (10) Serve as the State central repository for | ||||||
21 | criminal history record information. | ||||||
22 | (11) Share all necessary information with the | ||||||
23 | Concealed Carry Licensing Review Board and the Firearms | ||||||
24 | Owner's Identification Card Review Board necessary for the | ||||||
25 | execution of their duties. | ||||||
26 | (Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24 .) |
| |||||||
| |||||||
1 | (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part) | ||||||
2 | Sec. 2605-200. Investigations of crime; enforcement of | ||||||
3 | laws; records; crime laboratories; personnel. | ||||||
4 | (a) To do the following: | ||||||
5 | (1) Investigate the origins, activities, personnel, | ||||||
6 | and incidents of crime and the ways and means to redress | ||||||
7 | the victims of crimes; study the impact, if any, of | ||||||
8 | legislation relative to the effusion of crime and growing | ||||||
9 | crime rates; and enforce the criminal laws of this State | ||||||
10 | related thereto. | ||||||
11 | (2) Enforce all laws regulating the production, sale, | ||||||
12 | prescribing, manufacturing, administering, transporting, | ||||||
13 | having in possession, dispensing, delivering, | ||||||
14 | distributing, or use of controlled substances and | ||||||
15 | cannabis. | ||||||
16 | (3) Employ skilled experts, scientists, technicians, | ||||||
17 | investigators, or otherwise specially qualified persons to | ||||||
18 | aid in preventing or detecting crime, apprehending | ||||||
19 | criminals, or preparing and presenting evidence of | ||||||
20 | violations of the criminal laws of the State. | ||||||
21 | (4) Cooperate with the police of cities, villages, and | ||||||
22 | incorporated towns and with the police officers of any | ||||||
23 | county in enforcing the laws of the State and in making | ||||||
24 | arrests and recovering property. | ||||||
25 | (5) Apprehend and deliver up any person charged in |
| |||||||
| |||||||
1 | this State or any other state of the United States with | ||||||
2 | treason or a felony or other crime who has fled from | ||||||
3 | justice and is found in this State. | ||||||
4 | (6) Conduct other investigations as provided by law. | ||||||
5 | (7) Be a central repository and custodian of criminal | ||||||
6 | statistics for the State. | ||||||
7 | (8) Be a central repository for criminal history | ||||||
8 | record information. | ||||||
9 | (9) Procure and file for record information that is | ||||||
10 | necessary and helpful to plan programs of crime | ||||||
11 | prevention, law enforcement, and criminal justice. | ||||||
12 | (10) Procure and file for record copies of | ||||||
13 | fingerprints that may be required by law. | ||||||
14 | (11) Establish general and field crime laboratories. | ||||||
15 | (12) Register and file for record information that may | ||||||
16 | be required by law for the issuance of firearm owner's | ||||||
17 | identification cards under the Firearm Owners | ||||||
18 | Identification Card Act and concealed carry licenses under | ||||||
19 | the Firearm Concealed Carry Act. | ||||||
20 | (13) Employ laboratory technicians and other specially | ||||||
21 | qualified persons to aid in the identification of criminal | ||||||
22 | activity and the identification, collection, and recovery | ||||||
23 | of cyber forensics, including, but not limited to, digital | ||||||
24 | evidence, and may employ polygraph operators and forensic | ||||||
25 | anthropologists. | ||||||
26 | (14) Undertake other identification, information, |
| |||||||
| |||||||
1 | laboratory, statistical, or registration activities that | ||||||
2 | may be required by law. | ||||||
3 | (b) Persons exercising the powers set forth in subsection | ||||||
4 | (a) within the Illinois State Police are conservators of the | ||||||
5 | peace and as such have all the powers possessed by policemen in | ||||||
6 | cities and sheriffs, except that they may exercise those | ||||||
7 | powers anywhere in the State in cooperation with and after | ||||||
8 | contact with the local law enforcement officials. Those | ||||||
9 | persons may use false or fictitious names in the performance | ||||||
10 | of their duties under this Section, upon approval of the | ||||||
11 | Director, and shall not be subject to prosecution under the | ||||||
12 | criminal laws for that use. | ||||||
13 | (Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24 .) | ||||||
14 | (20 ILCS 2605/2605-595) | ||||||
15 | Sec. 2605-595. State Police Firearm Services Fund. | ||||||
16 | (a) There is created in the State treasury a special fund | ||||||
17 | known as the State Police Firearm Services Fund. The Fund | ||||||
18 | shall receive revenue under the Firearm Concealed Carry Act | ||||||
19 | and , the Firearm Dealer License Certification Act , and | ||||||
20 | Section 5 of the Firearm Owners Identification Card Act . The | ||||||
21 | Fund may also receive revenue from grants, pass-through | ||||||
22 | grants, donations, appropriations, and any other legal source. | ||||||
23 | (a-5) (Blank). | ||||||
24 | (b) The Illinois State Police may use moneys in the Fund to | ||||||
25 | finance any of its lawful purposes, mandates, functions, and |
| |||||||
| |||||||
1 | duties under the Firearm Owners Identification Card Act, the | ||||||
2 | Firearm Dealer License Certification Act , and the Firearm | ||||||
3 | Concealed Carry Act, including the cost of sending notices of | ||||||
4 | expiration of Firearm Owner's Identification Cards, concealed | ||||||
5 | carry licenses, the prompt and efficient processing of | ||||||
6 | applications under the Firearm Owners Identification Card Act | ||||||
7 | and the Firearm Concealed Carry Act, the improved efficiency | ||||||
8 | and reporting of the LEADS and federal NICS law enforcement | ||||||
9 | data systems, and support for investigations required under | ||||||
10 | these Acts and law. Any surplus funds beyond what is needed to | ||||||
11 | comply with the aforementioned purposes shall be used by the | ||||||
12 | Illinois State Police to improve the Law Enforcement Agencies | ||||||
13 | Data System (LEADS) and criminal history background check | ||||||
14 | system. | ||||||
15 | (c) Investment income that is attributable to the | ||||||
16 | investment of moneys in the Fund shall be retained in the Fund | ||||||
17 | for the uses specified in this Section. | ||||||
18 | (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; | ||||||
19 | 103-363, eff. 7-28-23.) | ||||||
20 | (20 ILCS 2605/2605-605) | ||||||
21 | Sec. 2605-605. Violent Crime Intelligence Task Force. The | ||||||
22 | Director of the Illinois State Police shall establish a | ||||||
23 | statewide multi-jurisdictional Violent Crime Intelligence Task | ||||||
24 | Force led by the Illinois State Police dedicated to combating | ||||||
25 | gun violence, gun-trafficking, and other violent crime with |
| |||||||
| |||||||
1 | the primary mission of preservation of life and reducing the | ||||||
2 | occurrence and the fear of crime. The objectives of the Task | ||||||
3 | Force shall include, but not be limited to, reducing and | ||||||
4 | preventing illegal possession and use of firearms, | ||||||
5 | firearm-related homicides, and other violent crimes, and | ||||||
6 | solving firearm-related crimes. | ||||||
7 | (1) The Task Force may develop and acquire information, | ||||||
8 | training, tools, and resources necessary to implement a | ||||||
9 | data-driven approach to policing, with an emphasis on | ||||||
10 | intelligence development. | ||||||
11 | (2) The Task Force may utilize information sharing, | ||||||
12 | partnerships, crime analysis, and evidence-based practices to | ||||||
13 | assist in the reduction of firearm-related shootings, | ||||||
14 | homicides, and gun-trafficking, including, but not limited to, | ||||||
15 | ballistic data, eTrace data, DNA evidence, latent | ||||||
16 | fingerprints, firearm training data, and National Integrated | ||||||
17 | Ballistic Information Network (NIBIN) data. The Task Force may | ||||||
18 | design a model crime gun intelligence strategy which may | ||||||
19 | include, but is not limited to, comprehensive collection and | ||||||
20 | documentation of all ballistic evidence, timely transfer of | ||||||
21 | NIBIN and eTrace leads to an intelligence center, which may | ||||||
22 | include the Division of Criminal Investigation of the Illinois | ||||||
23 | State Police, timely dissemination of intelligence to | ||||||
24 | investigators, investigative follow-up, and coordinated | ||||||
25 | prosecution. | ||||||
26 | (3) The Task Force may recognize and utilize best |
| |||||||
| |||||||
1 | practices of community policing and may develop potential | ||||||
2 | partnerships with faith-based and community organizations to | ||||||
3 | achieve its goals. | ||||||
4 | (4) The Task Force may identify and utilize best practices | ||||||
5 | in drug-diversion programs and other community-based services | ||||||
6 | to redirect low-level offenders. | ||||||
7 | (5) The Task Force may assist in violence suppression | ||||||
8 | strategies including, but not limited to, details in | ||||||
9 | identified locations that have shown to be the most prone to | ||||||
10 | gun violence and violent crime, focused deterrence against | ||||||
11 | violent gangs and groups considered responsible for the | ||||||
12 | violence in communities, and other intelligence driven methods | ||||||
13 | deemed necessary to interrupt cycles of violence or prevent | ||||||
14 | retaliation. | ||||||
15 | (6) In consultation with the Chief Procurement Officer, | ||||||
16 | the Illinois State Police may obtain contracts for software, | ||||||
17 | commodities, resources, and equipment to assist the Task Force | ||||||
18 | with achieving this Act. Any contracts necessary to support | ||||||
19 | the delivery of necessary software, commodities, resources, | ||||||
20 | and equipment are not subject to the Illinois Procurement | ||||||
21 | Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and | ||||||
22 | Article 50 of that Code, provided that the Chief Procurement | ||||||
23 | Officer may, in writing with justification, waive any | ||||||
24 | certification required under Article 50 of the Illinois | ||||||
25 | Procurement Code. | ||||||
26 | (7) (Blank). The Task Force shall conduct enforcement |
| |||||||
| |||||||
1 | operations against persons whose Firearm Owner's | ||||||
2 | Identification Cards have been revoked or suspended and | ||||||
3 | persons who fail to comply with the requirements of Section | ||||||
4 | 9.5 of the Firearm Owners Identification Card Act, | ||||||
5 | prioritizing individuals presenting a clear and present danger | ||||||
6 | to themselves or to others under paragraph (2) of subsection | ||||||
7 | (d) of Section 8.1 of the Firearm Owners Identification Card | ||||||
8 | Act. | ||||||
9 | (8) The Task Force shall collaborate with local law | ||||||
10 | enforcement agencies to enforce provisions of the Firearm | ||||||
11 | Owners Identification Card Act, the Firearm Concealed Carry | ||||||
12 | Act, the Firearm Dealer License Certification Act, and Article | ||||||
13 | 24 of the Criminal Code of 2012. | ||||||
14 | (9) To implement this Section, the Director of the | ||||||
15 | Illinois State Police may establish intergovernmental | ||||||
16 | agreements with law enforcement agencies in accordance with | ||||||
17 | the Intergovernmental Cooperation Act. | ||||||
18 | (10) Law enforcement agencies that participate in | ||||||
19 | activities described in paragraphs (7) through (9) may apply | ||||||
20 | to the Illinois State Police for grants from the State Police | ||||||
21 | Revocation Enforcement Fund. | ||||||
22 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
23 | 102-813, eff. 5-13-22.) | ||||||
24 | (20 ILCS 2605/2605-304 rep.) | ||||||
25 | (20 ILCS 2605/2605-610 rep.) |
| |||||||
| |||||||
1 | Section 45. The Illinois State Police Law of the Civil | ||||||
2 | Administrative Code of Illinois is amended by repealing | ||||||
3 | Sections 2605-304 and 2605-610. | ||||||
4 | Section 50. The Illinois State Police Act is amended by | ||||||
5 | changing Section 17b as follows: | ||||||
6 | (20 ILCS 2610/17b) | ||||||
7 | Sec. 17b. Retiring officer; purchase of service firearm | ||||||
8 | and police badge. The Director of the Illinois State Police | ||||||
9 | shall establish a policy to allow a State Police officer who is | ||||||
10 | honorably retiring or separating in good standing to purchase | ||||||
11 | either one or both of the following: (i) any State Police badge | ||||||
12 | previously issued to that officer; or (ii) if the officer has a | ||||||
13 | currently valid Firearm Owner's Identification Card, the | ||||||
14 | service firearm issued or previously issued to the officer by | ||||||
15 | the Illinois State Police. The cost of the firearm purchased | ||||||
16 | shall be the replacement value of the firearm and not the | ||||||
17 | firearm's fair market value. | ||||||
18 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
19 | Section 55. The Criminal Identification Act is amended by | ||||||
20 | changing Section 2.2 as follows: | ||||||
21 | (20 ILCS 2630/2.2) | ||||||
22 | Sec. 2.2. Notification to the Illinois State Police. Upon |
| |||||||
| |||||||
1 | judgment of conviction of a violation of Section 12-1, 12-2, | ||||||
2 | 12-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or | ||||||
3 | the Criminal Code of 2012 when the defendant has been | ||||||
4 | determined, pursuant to Section 112A-11.1 of the Code of | ||||||
5 | Criminal Procedure of 1963, to be subject to the prohibitions | ||||||
6 | of 18 U.S.C. 922(g)(9), the circuit court clerk shall include | ||||||
7 | notification and a copy of the written determination in a | ||||||
8 | report of the conviction to the Illinois State Police Firearm | ||||||
9 | Owner's Identification Card Office to enable the Illinois | ||||||
10 | State Police office to perform its duties under the Firearm | ||||||
11 | Concealed Carry Act and Sections 4 and 8 of the Firearm Owners | ||||||
12 | Identification Card Act and to report that determination to | ||||||
13 | the Federal Bureau of Investigation to assist the Federal | ||||||
14 | Bureau of Investigation in identifying persons prohibited from | ||||||
15 | purchasing and possessing a firearm pursuant to the provisions | ||||||
16 | of 18 U.S.C. 922. The written determination described in this | ||||||
17 | Section shall be included in the defendant's record of arrest | ||||||
18 | and conviction in the manner and form prescribed by the | ||||||
19 | Illinois State Police. | ||||||
20 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
21 | Section 60. The Peace Officer Fire Investigation Act is | ||||||
22 | amended by changing Section 1 as follows: | ||||||
23 | (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501) | ||||||
24 | Sec. 1. Peace officer status. |
| |||||||
| |||||||
1 | (a) Any person who is a sworn member of any organized and | ||||||
2 | paid fire department of a political subdivision of this State | ||||||
3 | and is authorized to investigate fires or explosions for such | ||||||
4 | political subdivision and to determine the cause, origin and | ||||||
5 | circumstances of fires or explosions that are suspected to be | ||||||
6 | arson or arson-related crimes, may be classified as a peace | ||||||
7 | officer by the political subdivision or agency employing such | ||||||
8 | person. A person so classified shall possess the same powers | ||||||
9 | of arrest, search and seizure and the securing and service of | ||||||
10 | warrants as sheriffs of counties, and police officers within | ||||||
11 | the jurisdiction of their political subdivision. While in the | ||||||
12 | actual investigation and matters incident thereto, such person | ||||||
13 | may carry weapons as may be necessary, but only if that person | ||||||
14 | has satisfactorily completed (1) a training program offered or | ||||||
15 | approved by the Illinois Law Enforcement Training Standards | ||||||
16 | Board which substantially conforms to standards promulgated | ||||||
17 | pursuant to the Illinois Police Training Act and the Peace | ||||||
18 | Officer and Probation Officer Firearm Training Act; and (2) a | ||||||
19 | course in fire and arson investigation approved by the Office | ||||||
20 | of the State Fire Marshal pursuant to the Illinois Fire | ||||||
21 | Protection Training Act. Such training need not include | ||||||
22 | exposure to vehicle and traffic law, traffic control and crash | ||||||
23 | investigation, or first aid, but shall include training in the | ||||||
24 | law relating to the rights of persons suspected of involvement | ||||||
25 | in criminal activities. | ||||||
26 | Any person granted the powers enumerated in this |
| |||||||
| |||||||
1 | subsection (a) may exercise such powers only during the actual | ||||||
2 | investigation of the cause, origin and circumstances of such | ||||||
3 | fires or explosions that are suspected to be arson or | ||||||
4 | arson-related crimes. | ||||||
5 | (b) Persons employed by the Office of the State Fire | ||||||
6 | Marshal to conduct arson investigations shall be designated | ||||||
7 | State Fire Marshal Arson Investigator Special Agents and shall | ||||||
8 | be peace officers with all of the powers of peace officers in | ||||||
9 | cities and sheriffs in counties, except that they may exercise | ||||||
10 | those powers throughout the State. These Special Agents may | ||||||
11 | exercise these powers only when engaging in official duties | ||||||
12 | during the actual investigation of the cause, origin, and | ||||||
13 | circumstances of such fires or explosions that are suspected | ||||||
14 | to be arson or arson-related crimes and may carry weapons at | ||||||
15 | all times, but only if they have satisfactorily completed (1) | ||||||
16 | a training course approved by the Illinois Law Enforcement | ||||||
17 | Training Standards Board that substantially conforms to the | ||||||
18 | standards promulgated pursuant to the Peace Officer and | ||||||
19 | Probation Officer Firearm Training Act and (2) a course in | ||||||
20 | fire and arson investigation approved by the Office of the | ||||||
21 | State Fire Marshal pursuant to the Illinois Fire Protection | ||||||
22 | Training Act. Such training need not include exposure to | ||||||
23 | vehicle and traffic law, traffic control and crash | ||||||
24 | investigation, or first aid, but shall include training in the | ||||||
25 | law relating to the rights of persons suspected of involvement | ||||||
26 | in criminal activities. |
| |||||||
| |||||||
1 | For purposes of this subsection (b), a "State Fire Marshal | ||||||
2 | Arson Investigator Special Agent" does not include any fire | ||||||
3 | investigator, fireman, police officer, or other employee of | ||||||
4 | the federal government; any fire investigator, fireman, police | ||||||
5 | officer, or other employee of any unit of local government; or | ||||||
6 | any fire investigator, fireman, police officer, or other | ||||||
7 | employee of the State of Illinois other than an employee of the | ||||||
8 | Office of the State Fire Marshal assigned to investigate | ||||||
9 | arson. | ||||||
10 | The State Fire Marshal must authorize to each employee of | ||||||
11 | the Office of the State Fire Marshal who is exercising the | ||||||
12 | powers of a peace officer a distinct badge that, on its face, | ||||||
13 | (i) clearly states that the badge is authorized by the Office | ||||||
14 | of the State Fire Marshal and (ii) contains a unique | ||||||
15 | identifying number. No other badge shall be authorized by the | ||||||
16 | Office of the State Fire Marshal, except that a badge, | ||||||
17 | different from the badge issued to peace officers, may be | ||||||
18 | authorized by the Office of the State Fire Marshal for the use | ||||||
19 | of fire prevention inspectors employed by that Office. Nothing | ||||||
20 | in this subsection prohibits the State Fire Marshal from | ||||||
21 | issuing shields or other distinctive identification to | ||||||
22 | employees not exercising the powers of a peace officer if the | ||||||
23 | State Fire Marshal determines that a shield or distinctive | ||||||
24 | identification is needed by the employee to carry out his or | ||||||
25 | her responsibilities. | ||||||
26 | (c) The Office of the State Fire Marshal shall establish a |
| |||||||
| |||||||
1 | policy to allow a State Fire Marshal Arson Investigator | ||||||
2 | Special Agent who is honorably retiring or separating in good | ||||||
3 | standing to purchase either one or both of the following: (i) | ||||||
4 | any badge previously issued to that State Fire Marshal Arson | ||||||
5 | Investigator Special Agent; or (ii) if the State Fire Marshal | ||||||
6 | Arson Investigator Special Agent has a currently valid Firearm | ||||||
7 | Owner's Identification Card, the service firearm issued or | ||||||
8 | previously issued to the State Fire Marshal Arson Investigator | ||||||
9 | Special Agent by the Office of the State Fire Marshal. The cost | ||||||
10 | of the firearm purchased shall be the replacement value of the | ||||||
11 | firearm and not the firearm's fair market value. All funds | ||||||
12 | received by the agency under this program shall be deposited | ||||||
13 | into the Fire Prevention Fund. | ||||||
14 | (Source: P.A. 102-982, eff. 7-1-23 .) | ||||||
15 | Section 65. The Illinois Criminal Justice Information Act | ||||||
16 | is amended by changing Section 7.9 as follows: | ||||||
17 | (20 ILCS 3930/7.9) | ||||||
18 | (Section scheduled to be repealed on July 1, 2027) | ||||||
19 | Sec. 7.9. Firearm Prohibitors and Records Improvement Task | ||||||
20 | Force. | ||||||
21 | (a) As used in this Section, "firearms prohibitor" means | ||||||
22 | any factor listed in Section 4 of the Firearm Owners | ||||||
23 | Identification Card Act or Section 24-3 or 24-3.1 of the | ||||||
24 | Criminal Code of 2012 that prohibits a person from |
| |||||||
| |||||||
1 | transferring or possessing a firearm, firearm ammunition, | ||||||
2 | Firearm Owner's Identification Card, or concealed carry | ||||||
3 | license. | ||||||
4 | (b) The Firearm Prohibitors and Records Improvement Task | ||||||
5 | Force is created to identify and research all available | ||||||
6 | grants, resources, and revenue that may be applied for and | ||||||
7 | used by all entities responsible for reporting federal and | ||||||
8 | State firearm prohibitors to the Illinois State Police and the | ||||||
9 | National Instant Criminal Background Check System. These Under | ||||||
10 | the Firearm Owners Identification Card Act, these reporting | ||||||
11 | entities include, but are not limited to, hospitals, courts, | ||||||
12 | law enforcement and corrections. The Task Force shall identify | ||||||
13 | weaknesses in reporting and recommend a strategy to direct | ||||||
14 | resources and revenue to ensuring reporting is reliable, | ||||||
15 | accurate, and timely. The Task Force shall inventory all | ||||||
16 | statutorily mandated firearm and gun violence related data | ||||||
17 | collection and reporting requirements, along with the agency | ||||||
18 | responsible for collecting that data, and identify gaps in | ||||||
19 | those requirements. The Task Force shall submit a coordinated | ||||||
20 | application with and through the Illinois Criminal Justice | ||||||
21 | Information Authority for federal funds from the National | ||||||
22 | Criminal History Improvement Program and the NICS Acts Record | ||||||
23 | Improvement Program. The Firearm Prohibitors and Records | ||||||
24 | Improvement Task Force shall be comprised of the following | ||||||
25 | members, all of whom shall serve without compensation: | ||||||
26 | (1) the Executive Director of the Illinois Criminal |
| |||||||
| |||||||
1 | Justice Information Authority, who shall serve as Chair; | ||||||
2 | (2) the Director of the Illinois State Police, or his | ||||||
3 | or her designee; | ||||||
4 | (3) the Secretary of Human Services, or his or her | ||||||
5 | designee; | ||||||
6 | (4) the Director of Corrections, or his or her | ||||||
7 | designee; | ||||||
8 | (5) the Attorney General, or his or her designee; | ||||||
9 | (6) the Director of the Administrative Office of the | ||||||
10 | Illinois Courts, or his or her designee; | ||||||
11 | (7) a representative of an association representing | ||||||
12 | circuit clerks appointed by the President of the Senate; | ||||||
13 | (8) a representative of an association representing | ||||||
14 | sheriffs appointed by the House Minority Leader; | ||||||
15 | (9) a representative of an association representing | ||||||
16 | State's Attorneys appointed by the House Minority Leader; | ||||||
17 | (10) a representative of an association representing | ||||||
18 | chiefs of police appointed by the Senate Minority Leader; | ||||||
19 | (11) a representative of an association representing | ||||||
20 | hospitals appointed by the Speaker of the House of | ||||||
21 | Representatives; | ||||||
22 | (12) a representative of an association representing | ||||||
23 | counties appointed by the President of the Senate; and | ||||||
24 | (13) a representative of an association representing | ||||||
25 | municipalities appointed by the Speaker of the House of | ||||||
26 | Representatives. |
| |||||||
| |||||||
1 | (c) The Illinois Criminal Justice Information Authority | ||||||
2 | shall provide administrative and other support to the Task | ||||||
3 | Force. The Illinois State Police Division of Justice Services | ||||||
4 | shall also provide support to the Illinois Criminal Justice | ||||||
5 | Information Authority and the Task Force. | ||||||
6 | (d) The Task Force may meet in person or virtually and | ||||||
7 | shall issue a written report of its findings and | ||||||
8 | recommendations to General Assembly on or before July 1, 2022. | ||||||
9 | The Task Force shall issue an annual report, which shall | ||||||
10 | include information on the state of FOID data, including a | ||||||
11 | review of previous activity by the Task Force to close | ||||||
12 | previously identified gaps; identifying known (or new) gaps; a | ||||||
13 | proposal of policy and practice recommendations to close those | ||||||
14 | gaps; and a preview of expected activities of the Task Force | ||||||
15 | for the coming year. | ||||||
16 | (e) Within 60 days of the effective date of this | ||||||
17 | amendatory Act of the 102nd General Assembly, the Chair shall | ||||||
18 | establish the Task Force. | ||||||
19 | (f) This Section is repealed on July 1, 2027. | ||||||
20 | (Source: P.A. 102-237, eff. 1-1-22 .) | ||||||
21 | Section 70. The State Finance Act is amended by changing | ||||||
22 | Sections 6z-99 and 6z-127 as follows: | ||||||
23 | (30 ILCS 105/6z-99) | ||||||
24 | Sec. 6z-99. The Mental Health Reporting Fund. |
| |||||||
| |||||||
1 | (a) There is created in the State treasury a special fund | ||||||
2 | known as the Mental Health Reporting Fund. The Fund shall | ||||||
3 | receive revenue under the Firearm Concealed Carry Act. The | ||||||
4 | Fund may also receive revenue from grants, pass-through | ||||||
5 | grants, donations, appropriations, and any other legal source. | ||||||
6 | (b) The Illinois State Police and Department of Human | ||||||
7 | Services shall coordinate to use moneys in the Fund to finance | ||||||
8 | their respective duties of collecting and reporting data on | ||||||
9 | mental health records and ensuring that mental health firearm | ||||||
10 | possession prohibitors are enforced as set forth under the | ||||||
11 | Firearm Concealed Carry Act and the Firearm Owners | ||||||
12 | Identification Card Act . Any surplus in the Fund beyond what | ||||||
13 | is necessary to ensure compliance with mental health reporting | ||||||
14 | under that Act these Acts shall be used by the Department of | ||||||
15 | Human Services for mental health treatment programs as | ||||||
16 | follows: (1) 50% shall be used to fund community-based mental | ||||||
17 | health programs aimed at reducing gun violence, community | ||||||
18 | integration and education, or mental health awareness and | ||||||
19 | prevention, including administrative costs; and (2) 50% shall | ||||||
20 | be used to award grants that use and promote the National | ||||||
21 | School Mental Health Curriculum model for school-based mental | ||||||
22 | health support, integration, and services. | ||||||
23 | (c) Investment income that is attributable to the | ||||||
24 | investment of moneys in the Fund shall be retained in the Fund | ||||||
25 | for the uses specified in this Section. | ||||||
26 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
| |||||||
| |||||||
1 | 102-813, eff. 5-13-22.) | ||||||
2 | (30 ILCS 105/6z-127) | ||||||
3 | Sec. 6z-127. State Police Revocation Enforcement Fund. | ||||||
4 | (a) The State Police Revocation Enforcement Fund is | ||||||
5 | established as a special fund in the State treasury. This Fund | ||||||
6 | is established to receive moneys from the Firearm Owners | ||||||
7 | Identification Card Act to enforce that Act, the Firearm | ||||||
8 | Concealed Carry Act, Article 24 of the Criminal Code of 2012, | ||||||
9 | and other firearm offenses. The Fund may also receive revenue | ||||||
10 | from grants, donations, appropriations, and any other legal | ||||||
11 | source. | ||||||
12 | (b) The Illinois State Police may use moneys from the Fund | ||||||
13 | to establish task forces and, if necessary, include other law | ||||||
14 | enforcement agencies, under intergovernmental contracts | ||||||
15 | written and executed in conformity with the Intergovernmental | ||||||
16 | Cooperation Act. | ||||||
17 | (c) The Illinois State Police may use moneys in the Fund to | ||||||
18 | hire and train State Police officers and for the prevention of | ||||||
19 | violent crime. | ||||||
20 | (d) The State Police Revocation Enforcement Fund is not | ||||||
21 | subject to administrative chargebacks. | ||||||
22 | (e) (Blank). Law enforcement agencies that participate in | ||||||
23 | Firearm Owner's Identification Card revocation enforcement in | ||||||
24 | the Violent Crime Intelligence Task Force may apply for grants | ||||||
25 | from the Illinois State Police. |
| |||||||
| |||||||
1 | (f) Any surplus in the Fund beyond what is necessary to | ||||||
2 | ensure compliance with subsections (a) through (e) or moneys | ||||||
3 | that are specifically appropriated for those purposes shall be | ||||||
4 | used by the Illinois State Police to award grants to assist | ||||||
5 | with the data reporting requirements of the Gun Trafficking | ||||||
6 | Information Act. | ||||||
7 | (Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22; | ||||||
8 | 103-34, eff. 6-9-23.) | ||||||
9 | Section 75. The Illinois Procurement Code is amended by | ||||||
10 | changing Section 1-10 as follows: | ||||||
11 | (30 ILCS 500/1-10) | ||||||
12 | Sec. 1-10. Application. | ||||||
13 | (a) This Code applies only to procurements for which | ||||||
14 | bidders, offerors, potential contractors, or contractors were | ||||||
15 | first solicited on or after July 1, 1998. This Code shall not | ||||||
16 | be construed to affect or impair any contract, or any | ||||||
17 | provision of a contract, entered into based on a solicitation | ||||||
18 | prior to the implementation date of this Code as described in | ||||||
19 | Article 99, including, but not limited to, any covenant | ||||||
20 | entered into with respect to any revenue bonds or similar | ||||||
21 | instruments. All procurements for which contracts are | ||||||
22 | solicited between the effective date of Articles 50 and 99 and | ||||||
23 | July 1, 1998 shall be substantially in accordance with this | ||||||
24 | Code and its intent. |
| |||||||
| |||||||
1 | (b) This Code shall apply regardless of the source of the | ||||||
2 | funds with which the contracts are paid, including federal | ||||||
3 | assistance moneys. This Code shall not apply to: | ||||||
4 | (1) Contracts between the State and its political | ||||||
5 | subdivisions or other governments, or between State | ||||||
6 | governmental bodies, except as specifically provided in | ||||||
7 | this Code. | ||||||
8 | (2) Grants, except for the filing requirements of | ||||||
9 | Section 20-80. | ||||||
10 | (3) Purchase of care, except as provided in Section | ||||||
11 | 5-30.6 of the Illinois Public Aid Code and this Section. | ||||||
12 | (4) Hiring of an individual as an employee and not as | ||||||
13 | an independent contractor, whether pursuant to an | ||||||
14 | employment code or policy or by contract directly with | ||||||
15 | that individual. | ||||||
16 | (5) Collective bargaining contracts. | ||||||
17 | (6) Purchase of real estate, except that notice of | ||||||
18 | this type of contract with a value of more than $25,000 | ||||||
19 | must be published in the Procurement Bulletin within 10 | ||||||
20 | calendar days after the deed is recorded in the county of | ||||||
21 | jurisdiction. The notice shall identify the real estate | ||||||
22 | purchased, the names of all parties to the contract, the | ||||||
23 | value of the contract, and the effective date of the | ||||||
24 | contract. | ||||||
25 | (7) Contracts necessary to prepare for anticipated | ||||||
26 | litigation, enforcement actions, or investigations, |
| |||||||
| |||||||
1 | provided that the chief legal counsel to the Governor | ||||||
2 | shall give his or her prior approval when the procuring | ||||||
3 | agency is one subject to the jurisdiction of the Governor, | ||||||
4 | and provided that the chief legal counsel of any other | ||||||
5 | procuring entity subject to this Code shall give his or | ||||||
6 | her prior approval when the procuring entity is not one | ||||||
7 | subject to the jurisdiction of the Governor. | ||||||
8 | (8) (Blank). | ||||||
9 | (9) Procurement expenditures by the Illinois | ||||||
10 | Conservation Foundation when only private funds are used. | ||||||
11 | (10) (Blank). | ||||||
12 | (11) Public-private agreements entered into according | ||||||
13 | to the procurement requirements of Section 20 of the | ||||||
14 | Public-Private Partnerships for Transportation Act and | ||||||
15 | design-build agreements entered into according to the | ||||||
16 | procurement requirements of Section 25 of the | ||||||
17 | Public-Private Partnerships for Transportation Act. | ||||||
18 | (12) (A) Contracts for legal, financial, and other | ||||||
19 | professional and artistic services entered into by the | ||||||
20 | Illinois Finance Authority in which the State of Illinois | ||||||
21 | is not obligated. Such contracts shall be awarded through | ||||||
22 | a competitive process authorized by the members of the | ||||||
23 | Illinois Finance Authority and are subject to Sections | ||||||
24 | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, | ||||||
25 | as well as the final approval by the members of the | ||||||
26 | Illinois Finance Authority of the terms of the contract. |
| |||||||
| |||||||
1 | (B) Contracts for legal and financial services entered | ||||||
2 | into by the Illinois Housing Development Authority in | ||||||
3 | connection with the issuance of bonds in which the State | ||||||
4 | of Illinois is not obligated. Such contracts shall be | ||||||
5 | awarded through a competitive process authorized by the | ||||||
6 | members of the Illinois Housing Development Authority and | ||||||
7 | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, | ||||||
8 | and 50-37 of this Code, as well as the final approval by | ||||||
9 | the members of the Illinois Housing Development Authority | ||||||
10 | of the terms of the contract. | ||||||
11 | (13) Contracts for services, commodities, and | ||||||
12 | equipment to support the delivery of timely forensic | ||||||
13 | science services in consultation with and subject to the | ||||||
14 | approval of the Chief Procurement Officer as provided in | ||||||
15 | subsection (d) of Section 5-4-3a of the Unified Code of | ||||||
16 | Corrections, except for the requirements of Sections | ||||||
17 | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | ||||||
18 | Code; however, the Chief Procurement Officer may, in | ||||||
19 | writing with justification, waive any certification | ||||||
20 | required under Article 50 of this Code. For any contracts | ||||||
21 | for services which are currently provided by members of a | ||||||
22 | collective bargaining agreement, the applicable terms of | ||||||
23 | the collective bargaining agreement concerning | ||||||
24 | subcontracting shall be followed. | ||||||
25 | On and after January 1, 2019, this paragraph (13), | ||||||
26 | except for this sentence, is inoperative. |
| |||||||
| |||||||
1 | (14) Contracts for participation expenditures required | ||||||
2 | by a domestic or international trade show or exhibition of | ||||||
3 | an exhibitor, member, or sponsor. | ||||||
4 | (15) Contracts with a railroad or utility that | ||||||
5 | requires the State to reimburse the railroad or utilities | ||||||
6 | for the relocation of utilities for construction or other | ||||||
7 | public purpose. Contracts included within this paragraph | ||||||
8 | (15) shall include, but not be limited to, those | ||||||
9 | associated with: relocations, crossings, installations, | ||||||
10 | and maintenance. For the purposes of this paragraph (15), | ||||||
11 | "railroad" means any form of non-highway ground | ||||||
12 | transportation that runs on rails or electromagnetic | ||||||
13 | guideways and "utility" means: (1) public utilities as | ||||||
14 | defined in Section 3-105 of the Public Utilities Act, (2) | ||||||
15 | telecommunications carriers as defined in Section 13-202 | ||||||
16 | of the Public Utilities Act, (3) electric cooperatives as | ||||||
17 | defined in Section 3.4 of the Electric Supplier Act, (4) | ||||||
18 | telephone or telecommunications cooperatives as defined in | ||||||
19 | Section 13-212 of the Public Utilities Act, (5) rural | ||||||
20 | water or waste water systems with 10,000 connections or | ||||||
21 | less, (6) a holder as defined in Section 21-201 of the | ||||||
22 | Public Utilities Act, and (7) municipalities owning or | ||||||
23 | operating utility systems consisting of public utilities | ||||||
24 | as that term is defined in Section 11-117-2 of the | ||||||
25 | Illinois Municipal Code. | ||||||
26 | (16) Procurement expenditures necessary for the |
| |||||||
| |||||||
1 | Department of Public Health to provide the delivery of | ||||||
2 | timely newborn screening services in accordance with the | ||||||
3 | Newborn Metabolic Screening Act. | ||||||
4 | (17) Procurement expenditures necessary for the | ||||||
5 | Department of Agriculture, the Department of Financial and | ||||||
6 | Professional Regulation, the Department of Human Services, | ||||||
7 | and the Department of Public Health to implement the | ||||||
8 | Compassionate Use of Medical Cannabis Program and Opioid | ||||||
9 | Alternative Pilot Program requirements and ensure access | ||||||
10 | to medical cannabis for patients with debilitating medical | ||||||
11 | conditions in accordance with the Compassionate Use of | ||||||
12 | Medical Cannabis Program Act. | ||||||
13 | (18) This Code does not apply to any procurements | ||||||
14 | necessary for the Department of Agriculture, the | ||||||
15 | Department of Financial and Professional Regulation, the | ||||||
16 | Department of Human Services, the Department of Commerce | ||||||
17 | and Economic Opportunity, and the Department of Public | ||||||
18 | Health to implement the Cannabis Regulation and Tax Act if | ||||||
19 | the applicable agency has made a good faith determination | ||||||
20 | that it is necessary and appropriate for the expenditure | ||||||
21 | to fall within this exemption and if the process is | ||||||
22 | conducted in a manner substantially in accordance with the | ||||||
23 | requirements of Sections 20-160, 25-60, 30-22, 50-5, | ||||||
24 | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, | ||||||
25 | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for | ||||||
26 | Section 50-35, compliance applies only to contracts or |
| |||||||
| |||||||
1 | subcontracts over $100,000. Notice of each contract | ||||||
2 | entered into under this paragraph (18) that is related to | ||||||
3 | the procurement of goods and services identified in | ||||||
4 | paragraph (1) through (9) of this subsection shall be | ||||||
5 | published in the Procurement Bulletin within 14 calendar | ||||||
6 | days after contract execution. The Chief Procurement | ||||||
7 | Officer shall prescribe the form and content of the | ||||||
8 | notice. Each agency shall provide the Chief Procurement | ||||||
9 | Officer, on a monthly basis, in the form and content | ||||||
10 | prescribed by the Chief Procurement Officer, a report of | ||||||
11 | contracts that are related to the procurement of goods and | ||||||
12 | services identified in this subsection. At a minimum, this | ||||||
13 | report shall include the name of the contractor, a | ||||||
14 | description of the supply or service provided, the total | ||||||
15 | amount of the contract, the term of the contract, and the | ||||||
16 | exception to this Code utilized. A copy of any or all of | ||||||
17 | these contracts shall be made available to the Chief | ||||||
18 | Procurement Officer immediately upon request. The Chief | ||||||
19 | Procurement Officer shall submit a report to the Governor | ||||||
20 | and General Assembly no later than November 1 of each year | ||||||
21 | that includes, at a minimum, an annual summary of the | ||||||
22 | monthly information reported to the Chief Procurement | ||||||
23 | Officer. This exemption becomes inoperative 5 years after | ||||||
24 | June 25, 2019 (the effective date of Public Act 101-27). | ||||||
25 | (19) Acquisition of modifications or adjustments, | ||||||
26 | limited to assistive technology devices and assistive |
| |||||||
| |||||||
1 | technology services, adaptive equipment, repairs, and | ||||||
2 | replacement parts to provide reasonable accommodations (i) | ||||||
3 | that enable a qualified applicant with a disability to | ||||||
4 | complete the job application process and be considered for | ||||||
5 | the position such qualified applicant desires, (ii) that | ||||||
6 | modify or adjust the work environment to enable a | ||||||
7 | qualified current employee with a disability to perform | ||||||
8 | the essential functions of the position held by that | ||||||
9 | employee, (iii) to enable a qualified current employee | ||||||
10 | with a disability to enjoy equal benefits and privileges | ||||||
11 | of employment as are enjoyed by other similarly situated | ||||||
12 | employees without disabilities, and (iv) that allow a | ||||||
13 | customer, client, claimant, or member of the public | ||||||
14 | seeking State services full use and enjoyment of and | ||||||
15 | access to its programs, services, or benefits. | ||||||
16 | For purposes of this paragraph (19): | ||||||
17 | "Assistive technology devices" means any item, piece | ||||||
18 | of equipment, or product system, whether acquired | ||||||
19 | commercially off the shelf, modified, or customized, that | ||||||
20 | is used to increase, maintain, or improve functional | ||||||
21 | capabilities of individuals with disabilities. | ||||||
22 | "Assistive technology services" means any service that | ||||||
23 | directly assists an individual with a disability in | ||||||
24 | selection, acquisition, or use of an assistive technology | ||||||
25 | device. | ||||||
26 | "Qualified" has the same meaning and use as provided |
| |||||||
| |||||||
1 | under the federal Americans with Disabilities Act when | ||||||
2 | describing an individual with a disability. | ||||||
3 | (20) Procurement expenditures necessary for the | ||||||
4 | Illinois Commerce Commission to hire third-party | ||||||
5 | facilitators pursuant to Sections 16-105.17 and 16-108.18 | ||||||
6 | of the Public Utilities Act or an ombudsman pursuant to | ||||||
7 | Section 16-107.5 of the Public Utilities Act, a | ||||||
8 | facilitator pursuant to Section 16-105.17 of the Public | ||||||
9 | Utilities Act, or a grid auditor pursuant to Section | ||||||
10 | 16-105.10 of the Public Utilities Act. | ||||||
11 | (21) Procurement expenditures for the purchase, | ||||||
12 | renewal, and expansion of software, software licenses, or | ||||||
13 | software maintenance agreements that support the efforts | ||||||
14 | of the Illinois State Police to enforce, regulate, and | ||||||
15 | administer the Firearm Owners Identification Card Act, the | ||||||
16 | Firearm Concealed Carry Act, the Firearms Restraining | ||||||
17 | Order Act, the Firearm Dealer License Certification Act, | ||||||
18 | the Law Enforcement Agencies Data System (LEADS), the | ||||||
19 | Uniform Crime Reporting Act, the Criminal Identification | ||||||
20 | Act, the Illinois Uniform Conviction Information Act, and | ||||||
21 | the Gun Trafficking Information Act, or establish or | ||||||
22 | maintain record management systems necessary to conduct | ||||||
23 | human trafficking investigations or gun trafficking or | ||||||
24 | other stolen firearm investigations. This paragraph (21) | ||||||
25 | applies to contracts entered into on or after January 10, | ||||||
26 | 2023 (the effective date of Public Act 102-1116) and the |
| |||||||
| |||||||
1 | renewal of contracts that are in effect on January 10, | ||||||
2 | 2023 (the effective date of Public Act 102-1116). | ||||||
3 | (22) Contracts for project management services and | ||||||
4 | system integration services required for the completion of | ||||||
5 | the State's enterprise resource planning project. This | ||||||
6 | exemption becomes inoperative 5 years after June 7, 2023 | ||||||
7 | (the effective date of the changes made to this Section by | ||||||
8 | Public Act 103-8). This paragraph (22) applies to | ||||||
9 | contracts entered into on or after June 7, 2023 (the | ||||||
10 | effective date of the changes made to this Section by | ||||||
11 | Public Act 103-8) and the renewal of contracts that are in | ||||||
12 | effect on June 7, 2023 (the effective date of the changes | ||||||
13 | made to this Section by Public Act 103-8). | ||||||
14 | (23) Procurements necessary for the Department of | ||||||
15 | Insurance to implement the Illinois Health Benefits | ||||||
16 | Exchange Law if the Department of Insurance has made a | ||||||
17 | good faith determination that it is necessary and | ||||||
18 | appropriate for the expenditure to fall within this | ||||||
19 | exemption. The procurement process shall be conducted in a | ||||||
20 | manner substantially in accordance with the requirements | ||||||
21 | of Sections 20-160 and 25-60 and Article 50 of this Code. A | ||||||
22 | copy of these contracts shall be made available to the | ||||||
23 | Chief Procurement Officer immediately upon request. This | ||||||
24 | paragraph is inoperative 5 years after June 27, 2023 (the | ||||||
25 | effective date of Public Act 103-103). | ||||||
26 | (24) (22) Contracts for public education programming, |
| |||||||
| |||||||
1 | noncommercial sustaining announcements, public service | ||||||
2 | announcements, and public awareness and education | ||||||
3 | messaging with the nonprofit trade associations of the | ||||||
4 | providers of those services that inform the public on | ||||||
5 | immediate and ongoing health and safety risks and hazards. | ||||||
6 | Notwithstanding any other provision of law, for contracts | ||||||
7 | with an annual value of more than $100,000 entered into on or | ||||||
8 | after October 1, 2017 under an exemption provided in any | ||||||
9 | paragraph of this subsection (b), except paragraph (1), (2), | ||||||
10 | or (5), each State agency shall post to the appropriate | ||||||
11 | procurement bulletin the name of the contractor, a description | ||||||
12 | of the supply or service provided, the total amount of the | ||||||
13 | contract, the term of the contract, and the exception to the | ||||||
14 | Code utilized. The chief procurement officer shall submit a | ||||||
15 | report to the Governor and General Assembly no later than | ||||||
16 | November 1 of each year that shall include, at a minimum, an | ||||||
17 | annual summary of the monthly information reported to the | ||||||
18 | chief procurement officer. | ||||||
19 | (c) This Code does not apply to the electric power | ||||||
20 | procurement process provided for under Section 1-75 of the | ||||||
21 | Illinois Power Agency Act and Section 16-111.5 of the Public | ||||||
22 | Utilities Act. This Code does not apply to the procurement of | ||||||
23 | technical and policy experts pursuant to Section 1-129 of the | ||||||
24 | Illinois Power Agency Act. | ||||||
25 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
26 | and as expressly required by Section 9.1 of the Illinois |
| |||||||
| |||||||
1 | Lottery Law, the provisions of this Code do not apply to the | ||||||
2 | procurement process provided for under Section 9.1 of the | ||||||
3 | Illinois Lottery Law. | ||||||
4 | (e) This Code does not apply to the process used by the | ||||||
5 | Capital Development Board to retain a person or entity to | ||||||
6 | assist the Capital Development Board with its duties related | ||||||
7 | to the determination of costs of a clean coal SNG brownfield | ||||||
8 | facility, as defined by Section 1-10 of the Illinois Power | ||||||
9 | Agency Act, as required in subsection (h-3) of Section 9-220 | ||||||
10 | of the Public Utilities Act, including calculating the range | ||||||
11 | of capital costs, the range of operating and maintenance | ||||||
12 | costs, or the sequestration costs or monitoring the | ||||||
13 | construction of clean coal SNG brownfield facility for the | ||||||
14 | full duration of construction. | ||||||
15 | (f) (Blank). | ||||||
16 | (g) (Blank). | ||||||
17 | (h) This Code does not apply to the process to procure or | ||||||
18 | contracts entered into in accordance with Sections 11-5.2 and | ||||||
19 | 11-5.3 of the Illinois Public Aid Code. | ||||||
20 | (i) Each chief procurement officer may access records | ||||||
21 | necessary to review whether a contract, purchase, or other | ||||||
22 | expenditure is or is not subject to the provisions of this | ||||||
23 | Code, unless such records would be subject to attorney-client | ||||||
24 | privilege. | ||||||
25 | (j) This Code does not apply to the process used by the | ||||||
26 | Capital Development Board to retain an artist or work or works |
| |||||||
| |||||||
1 | of art as required in Section 14 of the Capital Development | ||||||
2 | Board Act. | ||||||
3 | (k) This Code does not apply to the process to procure | ||||||
4 | contracts, or contracts entered into, by the State Board of | ||||||
5 | Elections or the State Electoral Board for hearing officers | ||||||
6 | appointed pursuant to the Election Code. | ||||||
7 | (l) This Code does not apply to the processes used by the | ||||||
8 | Illinois Student Assistance Commission to procure supplies and | ||||||
9 | services paid for from the private funds of the Illinois | ||||||
10 | Prepaid Tuition Fund. As used in this subsection (l), "private | ||||||
11 | funds" means funds derived from deposits paid into the | ||||||
12 | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | ||||||
13 | (m) This Code shall apply regardless of the source of | ||||||
14 | funds with which contracts are paid, including federal | ||||||
15 | assistance moneys. Except as specifically provided in this | ||||||
16 | Code, this Code shall not apply to procurement expenditures | ||||||
17 | necessary for the Department of Public Health to conduct the | ||||||
18 | Healthy Illinois Survey in accordance with Section 2310-431 of | ||||||
19 | the Department of Public Health Powers and Duties Law of the | ||||||
20 | Civil Administrative Code of Illinois. | ||||||
21 | (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; | ||||||
22 | 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. | ||||||
23 | 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; | ||||||
24 | 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. | ||||||
25 | 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised | ||||||
26 | 1-2-24.) |
| |||||||
| |||||||
1 | Section 80. The Intergovernmental Drug Laws Enforcement | ||||||
2 | Act is amended by changing Section 3 as follows: | ||||||
3 | (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703) | ||||||
4 | Sec. 3. A Metropolitan Enforcement Group which meets the | ||||||
5 | minimum criteria established in this Section is eligible to | ||||||
6 | receive State grants to help defray the costs of operation. To | ||||||
7 | be eligible a MEG must: | ||||||
8 | (1) Be established and operating pursuant to | ||||||
9 | intergovernmental contracts written and executed in | ||||||
10 | conformity with the Intergovernmental Cooperation Act, and | ||||||
11 | involve 2 or more units of local government. | ||||||
12 | (2) Establish a MEG Policy Board composed of an | ||||||
13 | elected official, or his designee, and the chief law | ||||||
14 | enforcement officer, or his designee, from each | ||||||
15 | participating unit of local government to oversee the | ||||||
16 | operations of the MEG and make such reports to the | ||||||
17 | Illinois State Police as the Illinois State Police may | ||||||
18 | require. | ||||||
19 | (3) Designate a single appropriate elected official of | ||||||
20 | a participating unit of local government to act as the | ||||||
21 | financial officer of the MEG for all participating units | ||||||
22 | of local government and to receive funds for the operation | ||||||
23 | of the MEG. | ||||||
24 | (4) Limit its operations to enforcement of drug laws; |
| |||||||
| |||||||
1 | enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2, | ||||||
2 | 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3, | ||||||
3 | 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8, | ||||||
4 | 24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code | ||||||
5 | of 2012; Sections 2, 3, 6.1, 9.5, and 14 of the Firearm | ||||||
6 | Owners Identification Card Act; and the investigation of | ||||||
7 | streetgang related offenses. | ||||||
8 | (5) Cooperate with the Illinois State Police in order | ||||||
9 | to assure compliance with this Act and to enable the | ||||||
10 | Illinois State Police to fulfill its duties under this | ||||||
11 | Act, and supply the Illinois State Police with all | ||||||
12 | information the Illinois State Police deems necessary | ||||||
13 | therefor. | ||||||
14 | (6) Receive funding of at least 50% of the total | ||||||
15 | operating budget of the MEG from the participating units | ||||||
16 | of local government. | ||||||
17 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
18 | 102-813, eff. 5-13-22; 103-34, eff. 6-9-23.) | ||||||
19 | Section 85. The Peace Officer Firearm Training Act is | ||||||
20 | amended by changing Section 1 as follows: | ||||||
21 | (50 ILCS 710/1) (from Ch. 85, par. 515) | ||||||
22 | Sec. 1. Definitions. As used in this Act: | ||||||
23 | (a) "Peace officer" means (i) any person who by virtue of | ||||||
24 | his office or public employment is vested by law with a primary |
| |||||||
| |||||||
1 | duty to maintain public order or to make arrests for offenses, | ||||||
2 | whether that duty extends to all offenses or is limited to | ||||||
3 | specific offenses, and who is employed in such capacity by any | ||||||
4 | county or municipality or (ii) any retired law enforcement | ||||||
5 | officers qualified under federal law to carry a concealed | ||||||
6 | weapon. | ||||||
7 | (a-5) "Probation officer" means a county probation officer | ||||||
8 | authorized by the Chief Judge of the Circuit Court to carry a | ||||||
9 | firearm as part of his or her duties under Section 12 of the | ||||||
10 | Probation and Probation Officers Act and Section 24-2 of the | ||||||
11 | Criminal Code of 2012. | ||||||
12 | (b) "Firearms" means any weapon or device defined as a | ||||||
13 | firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of | ||||||
14 | "An Act relating to the acquisition, possession and transfer | ||||||
15 | of firearms and firearm ammunition, to provide a penalty for | ||||||
16 | the violation thereof and to make an appropriation in | ||||||
17 | connection therewith", approved August 3, 1967, as amended . | ||||||
18 | (Source: P.A. 98-725, eff. 1-1-15 .) | ||||||
19 | (50 ILCS 725/7.2 rep.) | ||||||
20 | Section 90. The Uniform Peace Officers' Disciplinary Act | ||||||
21 | is amended by repealing Section 7.2. | ||||||
22 | Section 95. The Counties Code is amended by changing | ||||||
23 | Section 3-6042 as follows: |
| |||||||
| |||||||
1 | (55 ILCS 5/3-6042) | ||||||
2 | Sec. 3-6042. Retiring employee; purchase of service | ||||||
3 | firearm and badge. Each Sheriff shall establish a program to | ||||||
4 | allow an employee of the Sheriff's Department who is honorably | ||||||
5 | retiring in good standing to purchase either one or both of the | ||||||
6 | following: (1) any badge previously issued to the employee by | ||||||
7 | the Sheriff's Department; or (2) if the employee has a | ||||||
8 | currently valid Firearm Owner's Identification Card, the | ||||||
9 | service firearm issued or previously issued to the employee by | ||||||
10 | the Sheriff's Department. The badge must be permanently and | ||||||
11 | conspicuously marked in such a manner that the individual who | ||||||
12 | possesses the badge is not mistaken for an actively serving | ||||||
13 | law enforcement officer. The cost of the firearm shall be the | ||||||
14 | replacement value of the firearm and not the firearm's fair | ||||||
15 | market value. | ||||||
16 | (Source: P.A. 102-719, eff. 5-6-22.) | ||||||
17 | Section 100. The School Code is amended by changing | ||||||
18 | Sections 10-22.6, 10-27.1A and 34-8.05 as follows: | ||||||
19 | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6) | ||||||
20 | (Text of Section before amendment by P.A. 102-466 ) | ||||||
21 | Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||||
22 | searches. | ||||||
23 | (a) To expel pupils guilty of gross disobedience or | ||||||
24 | misconduct, including gross disobedience or misconduct |
| |||||||
| |||||||
1 | perpetuated by electronic means, pursuant to subsection (b-20) | ||||||
2 | of this Section, and no action shall lie against them for such | ||||||
3 | expulsion. Expulsion shall take place only after the parents | ||||||
4 | have been requested to appear at a meeting of the board, or | ||||||
5 | with a hearing officer appointed by it, to discuss their | ||||||
6 | child's behavior. Such request shall be made by registered or | ||||||
7 | certified mail and shall state the time, place and purpose of | ||||||
8 | the meeting. The board, or a hearing officer appointed by it, | ||||||
9 | at such meeting shall state the reasons for dismissal and the | ||||||
10 | date on which the expulsion is to become effective. If a | ||||||
11 | hearing officer is appointed by the board, he shall report to | ||||||
12 | the board a written summary of the evidence heard at the | ||||||
13 | meeting and the board may take such action thereon as it finds | ||||||
14 | appropriate. If the board acts to expel a pupil, the written | ||||||
15 | expulsion decision shall detail the specific reasons why | ||||||
16 | removing the pupil from the learning environment is in the | ||||||
17 | best interest of the school. The expulsion decision shall also | ||||||
18 | include a rationale as to the specific duration of the | ||||||
19 | expulsion. An expelled pupil may be immediately transferred to | ||||||
20 | an alternative program in the manner provided in Article 13A | ||||||
21 | or 13B of this Code. A pupil must not be denied transfer | ||||||
22 | because of the expulsion, except in cases in which such | ||||||
23 | transfer is deemed to cause a threat to the safety of students | ||||||
24 | or staff in the alternative program. | ||||||
25 | (b) To suspend or by policy to authorize the | ||||||
26 | superintendent of the district or the principal, assistant |
| |||||||
| |||||||
1 | principal, or dean of students of any school to suspend pupils | ||||||
2 | guilty of gross disobedience or misconduct, or to suspend | ||||||
3 | pupils guilty of gross disobedience or misconduct on the | ||||||
4 | school bus from riding the school bus, pursuant to subsections | ||||||
5 | (b-15) and (b-20) of this Section, and no action shall lie | ||||||
6 | against them for such suspension. The board may by policy | ||||||
7 | authorize the superintendent of the district or the principal, | ||||||
8 | assistant principal, or dean of students of any school to | ||||||
9 | suspend pupils guilty of such acts for a period not to exceed | ||||||
10 | 10 school days. If a pupil is suspended due to gross | ||||||
11 | disobedience or misconduct on a school bus, the board may | ||||||
12 | suspend the pupil in excess of 10 school days for safety | ||||||
13 | reasons. | ||||||
14 | Any suspension shall be reported immediately to the | ||||||
15 | parents or guardian of a pupil along with a full statement of | ||||||
16 | the reasons for such suspension and a notice of their right to | ||||||
17 | a review. The school board must be given a summary of the | ||||||
18 | notice, including the reason for the suspension and the | ||||||
19 | suspension length. Upon request of the parents or guardian, | ||||||
20 | the school board or a hearing officer appointed by it shall | ||||||
21 | review such action of the superintendent or principal, | ||||||
22 | assistant principal, or dean of students. At such review, the | ||||||
23 | parents or guardian of the pupil may appear and discuss the | ||||||
24 | suspension with the board or its hearing officer. If a hearing | ||||||
25 | officer is appointed by the board, he shall report to the board | ||||||
26 | a written summary of the evidence heard at the meeting. After |
| |||||||
| |||||||
1 | its hearing or upon receipt of the written report of its | ||||||
2 | hearing officer, the board may take such action as it finds | ||||||
3 | appropriate. If a student is suspended pursuant to this | ||||||
4 | subsection (b), the board shall, in the written suspension | ||||||
5 | decision, detail the specific act of gross disobedience or | ||||||
6 | misconduct resulting in the decision to suspend. The | ||||||
7 | suspension decision shall also include a rationale as to the | ||||||
8 | specific duration of the suspension. A pupil who is suspended | ||||||
9 | in excess of 20 school days may be immediately transferred to | ||||||
10 | an alternative program in the manner provided in Article 13A | ||||||
11 | or 13B of this Code. A pupil must not be denied transfer | ||||||
12 | because of the suspension, except in cases in which such | ||||||
13 | transfer is deemed to cause a threat to the safety of students | ||||||
14 | or staff in the alternative program. | ||||||
15 | (b-5) Among the many possible disciplinary interventions | ||||||
16 | and consequences available to school officials, school | ||||||
17 | exclusions, such as out-of-school suspensions and expulsions, | ||||||
18 | are the most serious. School officials shall limit the number | ||||||
19 | and duration of expulsions and suspensions to the greatest | ||||||
20 | extent practicable, and it is recommended that they use them | ||||||
21 | only for legitimate educational purposes. To ensure that | ||||||
22 | students are not excluded from school unnecessarily, it is | ||||||
23 | recommended that school officials consider forms of | ||||||
24 | non-exclusionary discipline prior to using out-of-school | ||||||
25 | suspensions or expulsions. | ||||||
26 | (b-10) Unless otherwise required by federal law or this |
| |||||||
| |||||||
1 | Code, school boards may not institute zero-tolerance policies | ||||||
2 | by which school administrators are required to suspend or | ||||||
3 | expel students for particular behaviors. | ||||||
4 | (b-15) Out-of-school suspensions of 3 days or less may be | ||||||
5 | used only if the student's continuing presence in school would | ||||||
6 | pose a threat to school safety or a disruption to other | ||||||
7 | students' learning opportunities. For purposes of this | ||||||
8 | subsection (b-15), "threat to school safety or a disruption to | ||||||
9 | other students' learning opportunities" shall be determined on | ||||||
10 | a case-by-case basis by the school board or its designee. | ||||||
11 | School officials shall make all reasonable efforts to resolve | ||||||
12 | such threats, address such disruptions, and minimize the | ||||||
13 | length of suspensions to the greatest extent practicable. | ||||||
14 | (b-20) Unless otherwise required by this Code, | ||||||
15 | out-of-school suspensions of longer than 3 days, expulsions, | ||||||
16 | and disciplinary removals to alternative schools may be used | ||||||
17 | only if other appropriate and available behavioral and | ||||||
18 | disciplinary interventions have been exhausted and the | ||||||
19 | student's continuing presence in school would either (i) pose | ||||||
20 | a threat to the safety of other students, staff, or members of | ||||||
21 | the school community or (ii) substantially disrupt, impede, or | ||||||
22 | interfere with the operation of the school. For purposes of | ||||||
23 | this subsection (b-20), "threat to the safety of other | ||||||
24 | students, staff, or members of the school community" and | ||||||
25 | "substantially disrupt, impede, or interfere with the | ||||||
26 | operation of the school" shall be determined on a case-by-case |
| |||||||
| |||||||
1 | basis by school officials. For purposes of this subsection | ||||||
2 | (b-20), the determination of whether "appropriate and | ||||||
3 | available behavioral and disciplinary interventions have been | ||||||
4 | exhausted" shall be made by school officials. School officials | ||||||
5 | shall make all reasonable efforts to resolve such threats, | ||||||
6 | address such disruptions, and minimize the length of student | ||||||
7 | exclusions to the greatest extent practicable. Within the | ||||||
8 | suspension decision described in subsection (b) of this | ||||||
9 | Section or the expulsion decision described in subsection (a) | ||||||
10 | of this Section, it shall be documented whether other | ||||||
11 | interventions were attempted or whether it was determined that | ||||||
12 | there were no other appropriate and available interventions. | ||||||
13 | (b-25) Students who are suspended out-of-school for longer | ||||||
14 | than 4 school days shall be provided appropriate and available | ||||||
15 | support services during the period of their suspension. For | ||||||
16 | purposes of this subsection (b-25), "appropriate and available | ||||||
17 | support services" shall be determined by school authorities. | ||||||
18 | Within the suspension decision described in subsection (b) of | ||||||
19 | this Section, it shall be documented whether such services are | ||||||
20 | to be provided or whether it was determined that there are no | ||||||
21 | such appropriate and available services. | ||||||
22 | A school district may refer students who are expelled to | ||||||
23 | appropriate and available support services. | ||||||
24 | A school district shall create a policy to facilitate the | ||||||
25 | re-engagement of students who are suspended out-of-school, | ||||||
26 | expelled, or returning from an alternative school setting. |
| |||||||
| |||||||
1 | (b-30) A school district shall create a policy by which | ||||||
2 | suspended pupils, including those pupils suspended from the | ||||||
3 | school bus who do not have alternate transportation to school, | ||||||
4 | shall have the opportunity to make up work for equivalent | ||||||
5 | academic credit. It shall be the responsibility of a pupil's | ||||||
6 | parent or guardian to notify school officials that a pupil | ||||||
7 | suspended from the school bus does not have alternate | ||||||
8 | transportation to school. | ||||||
9 | (c) A school board must invite a representative from a | ||||||
10 | local mental health agency to consult with the board at the | ||||||
11 | meeting whenever there is evidence that mental illness may be | ||||||
12 | the cause of a student's expulsion or suspension. | ||||||
13 | (c-5) School districts shall make reasonable efforts to | ||||||
14 | provide ongoing professional development to teachers, | ||||||
15 | administrators, school board members, school resource | ||||||
16 | officers, and staff on the adverse consequences of school | ||||||
17 | exclusion and justice-system involvement, effective classroom | ||||||
18 | management strategies, culturally responsive discipline, the | ||||||
19 | appropriate and available supportive services for the | ||||||
20 | promotion of student attendance and engagement, and | ||||||
21 | developmentally appropriate disciplinary methods that promote | ||||||
22 | positive and healthy school climates. | ||||||
23 | (d) The board may expel a student for a definite period of | ||||||
24 | time not to exceed 2 calendar years, as determined on a | ||||||
25 | case-by-case basis. A student who is determined to have | ||||||
26 | brought one of the following objects to school, any |
| |||||||
| |||||||
1 | school-sponsored activity or event, or any activity or event | ||||||
2 | that bears a reasonable relationship to school shall be | ||||||
3 | expelled for a period of not less than one year: | ||||||
4 | (1) A firearm. For the purposes of this Section, | ||||||
5 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
6 | by Section 921 of Title 18 of the United States Code, | ||||||
7 | firearm as defined in Section 2-7.5 1.1 of the Firearm | ||||||
8 | Owners Identification Card Act, or firearm as defined in | ||||||
9 | Section 24-1 of the Criminal Code of 2012. The expulsion | ||||||
10 | period under this subdivision (1) may be modified by the | ||||||
11 | superintendent, and the superintendent's determination may | ||||||
12 | be modified by the board on a case-by-case basis. | ||||||
13 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
14 | regardless of its composition, a billy club, or any other | ||||||
15 | object if used or attempted to be used to cause bodily | ||||||
16 | harm, including "look alikes" of any firearm as defined in | ||||||
17 | subdivision (1) of this subsection (d). The expulsion | ||||||
18 | requirement under this subdivision (2) may be modified by | ||||||
19 | the superintendent, and the superintendent's determination | ||||||
20 | may be modified by the board on a case-by-case basis. | ||||||
21 | Expulsion or suspension shall be construed in a manner | ||||||
22 | consistent with the federal Individuals with Disabilities | ||||||
23 | Education Act. A student who is subject to suspension or | ||||||
24 | expulsion as provided in this Section may be eligible for a | ||||||
25 | transfer to an alternative school program in accordance with | ||||||
26 | Article 13A of the School Code. |
| |||||||
| |||||||
1 | (d-5) The board may suspend or by regulation authorize the | ||||||
2 | superintendent of the district or the principal, assistant | ||||||
3 | principal, or dean of students of any school to suspend a | ||||||
4 | student for a period not to exceed 10 school days or may expel | ||||||
5 | a student for a definite period of time not to exceed 2 | ||||||
6 | calendar years, as determined on a case-by-case basis, if (i) | ||||||
7 | that student has been determined to have made an explicit | ||||||
8 | threat on an Internet website against a school employee, a | ||||||
9 | student, or any school-related personnel, (ii) the Internet | ||||||
10 | website through which the threat was made is a site that was | ||||||
11 | accessible within the school at the time the threat was made or | ||||||
12 | was available to third parties who worked or studied within | ||||||
13 | the school grounds at the time the threat was made, and (iii) | ||||||
14 | the threat could be reasonably interpreted as threatening to | ||||||
15 | the safety and security of the threatened individual because | ||||||
16 | of his or her duties or employment status or status as a | ||||||
17 | student inside the school. | ||||||
18 | (e) To maintain order and security in the schools, school | ||||||
19 | authorities may inspect and search places and areas such as | ||||||
20 | lockers, desks, parking lots, and other school property and | ||||||
21 | equipment owned or controlled by the school, as well as | ||||||
22 | personal effects left in those places and areas by students, | ||||||
23 | without notice to or the consent of the student, and without a | ||||||
24 | search warrant. As a matter of public policy, the General | ||||||
25 | Assembly finds that students have no reasonable expectation of | ||||||
26 | privacy in these places and areas or in their personal effects |
| |||||||
| |||||||
1 | left in these places and areas. School authorities may request | ||||||
2 | the assistance of law enforcement officials for the purpose of | ||||||
3 | conducting inspections and searches of lockers, desks, parking | ||||||
4 | lots, and other school property and equipment owned or | ||||||
5 | controlled by the school for illegal drugs, weapons, or other | ||||||
6 | illegal or dangerous substances or materials, including | ||||||
7 | searches conducted through the use of specially trained dogs. | ||||||
8 | If a search conducted in accordance with this Section produces | ||||||
9 | evidence that the student has violated or is violating either | ||||||
10 | the law, local ordinance, or the school's policies or rules, | ||||||
11 | such evidence may be seized by school authorities, and | ||||||
12 | disciplinary action may be taken. School authorities may also | ||||||
13 | turn over such evidence to law enforcement authorities. | ||||||
14 | (f) Suspension or expulsion may include suspension or | ||||||
15 | expulsion from school and all school activities and a | ||||||
16 | prohibition from being present on school grounds. | ||||||
17 | (g) A school district may adopt a policy providing that if | ||||||
18 | a student is suspended or expelled for any reason from any | ||||||
19 | public or private school in this or any other state, the | ||||||
20 | student must complete the entire term of the suspension or | ||||||
21 | expulsion in an alternative school program under Article 13A | ||||||
22 | of this Code or an alternative learning opportunities program | ||||||
23 | under Article 13B of this Code before being admitted into the | ||||||
24 | school district if there is no threat to the safety of students | ||||||
25 | or staff in the alternative program. | ||||||
26 | (h) School officials shall not advise or encourage |
| |||||||
| |||||||
1 | students to drop out voluntarily due to behavioral or academic | ||||||
2 | difficulties. | ||||||
3 | (i) A student may not be issued a monetary fine or fee as a | ||||||
4 | disciplinary consequence, though this shall not preclude | ||||||
5 | requiring a student to provide restitution for lost, stolen, | ||||||
6 | or damaged property. | ||||||
7 | (j) Subsections (a) through (i) of this Section shall | ||||||
8 | apply to elementary and secondary schools, charter schools, | ||||||
9 | special charter districts, and school districts organized | ||||||
10 | under Article 34 of this Code. | ||||||
11 | (k) The expulsion of children enrolled in programs funded | ||||||
12 | under Section 1C-2 of this Code is subject to the requirements | ||||||
13 | under paragraph (7) of subsection (a) of Section 2-3.71 of | ||||||
14 | this Code. | ||||||
15 | (l) Beginning with the 2018-2019 school year, an in-school | ||||||
16 | suspension program provided by a school district for any | ||||||
17 | students in kindergarten through grade 12 may focus on | ||||||
18 | promoting non-violent conflict resolution and positive | ||||||
19 | interaction with other students and school personnel. A school | ||||||
20 | district may employ a school social worker or a licensed | ||||||
21 | mental health professional to oversee an in-school suspension | ||||||
22 | program in kindergarten through grade 12. | ||||||
23 | (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21; | ||||||
24 | 102-813, eff. 5-13-22.) | ||||||
25 | (Text of Section after amendment by P.A. 102-466 ) |
| |||||||
| |||||||
1 | Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||||
2 | searches. | ||||||
3 | (a) To expel pupils guilty of gross disobedience or | ||||||
4 | misconduct, including gross disobedience or misconduct | ||||||
5 | perpetuated by electronic means, pursuant to subsection (b-20) | ||||||
6 | of this Section, and no action shall lie against them for such | ||||||
7 | expulsion. Expulsion shall take place only after the parents | ||||||
8 | or guardians have been requested to appear at a meeting of the | ||||||
9 | board, or with a hearing officer appointed by it, to discuss | ||||||
10 | their child's behavior. Such request shall be made by | ||||||
11 | registered or certified mail and shall state the time, place | ||||||
12 | and purpose of the meeting. The board, or a hearing officer | ||||||
13 | appointed by it, at such meeting shall state the reasons for | ||||||
14 | dismissal and the date on which the expulsion is to become | ||||||
15 | effective. If a hearing officer is appointed by the board, he | ||||||
16 | shall report to the board a written summary of the evidence | ||||||
17 | heard at the meeting and the board may take such action thereon | ||||||
18 | as it finds appropriate. If the board acts to expel a pupil, | ||||||
19 | the written expulsion decision shall detail the specific | ||||||
20 | reasons why removing the pupil from the learning environment | ||||||
21 | is in the best interest of the school. The expulsion decision | ||||||
22 | shall also include a rationale as to the specific duration of | ||||||
23 | the expulsion. An expelled pupil may be immediately | ||||||
24 | transferred to an alternative program in the manner provided | ||||||
25 | in Article 13A or 13B of this Code. A pupil must not be denied | ||||||
26 | transfer because of the expulsion, except in cases in which |
| |||||||
| |||||||
1 | such transfer is deemed to cause a threat to the safety of | ||||||
2 | students or staff in the alternative program. | ||||||
3 | (b) To suspend or by policy to authorize the | ||||||
4 | superintendent of the district or the principal, assistant | ||||||
5 | principal, or dean of students of any school to suspend pupils | ||||||
6 | guilty of gross disobedience or misconduct, or to suspend | ||||||
7 | pupils guilty of gross disobedience or misconduct on the | ||||||
8 | school bus from riding the school bus, pursuant to subsections | ||||||
9 | (b-15) and (b-20) of this Section, and no action shall lie | ||||||
10 | against them for such suspension. The board may by policy | ||||||
11 | authorize the superintendent of the district or the principal, | ||||||
12 | assistant principal, or dean of students of any school to | ||||||
13 | suspend pupils guilty of such acts for a period not to exceed | ||||||
14 | 10 school days. If a pupil is suspended due to gross | ||||||
15 | disobedience or misconduct on a school bus, the board may | ||||||
16 | suspend the pupil in excess of 10 school days for safety | ||||||
17 | reasons. | ||||||
18 | Any suspension shall be reported immediately to the | ||||||
19 | parents or guardians of a pupil along with a full statement of | ||||||
20 | the reasons for such suspension and a notice of their right to | ||||||
21 | a review. The school board must be given a summary of the | ||||||
22 | notice, including the reason for the suspension and the | ||||||
23 | suspension length. Upon request of the parents or guardians, | ||||||
24 | the school board or a hearing officer appointed by it shall | ||||||
25 | review such action of the superintendent or principal, | ||||||
26 | assistant principal, or dean of students. At such review, the |
| |||||||
| |||||||
1 | parents or guardians of the pupil may appear and discuss the | ||||||
2 | suspension with the board or its hearing officer. If a hearing | ||||||
3 | officer is appointed by the board, he shall report to the board | ||||||
4 | a written summary of the evidence heard at the meeting. After | ||||||
5 | its hearing or upon receipt of the written report of its | ||||||
6 | hearing officer, the board may take such action as it finds | ||||||
7 | appropriate. If a student is suspended pursuant to this | ||||||
8 | subsection (b), the board shall, in the written suspension | ||||||
9 | decision, detail the specific act of gross disobedience or | ||||||
10 | misconduct resulting in the decision to suspend. The | ||||||
11 | suspension decision shall also include a rationale as to the | ||||||
12 | specific duration of the suspension. A pupil who is suspended | ||||||
13 | in excess of 20 school days may be immediately transferred to | ||||||
14 | an alternative program in the manner provided in Article 13A | ||||||
15 | or 13B of this Code. A pupil must not be denied transfer | ||||||
16 | because of the suspension, except in cases in which such | ||||||
17 | transfer is deemed to cause a threat to the safety of students | ||||||
18 | or staff in the alternative program. | ||||||
19 | (b-5) Among the many possible disciplinary interventions | ||||||
20 | and consequences available to school officials, school | ||||||
21 | exclusions, such as out-of-school suspensions and expulsions, | ||||||
22 | are the most serious. School officials shall limit the number | ||||||
23 | and duration of expulsions and suspensions to the greatest | ||||||
24 | extent practicable, and it is recommended that they use them | ||||||
25 | only for legitimate educational purposes. To ensure that | ||||||
26 | students are not excluded from school unnecessarily, it is |
| |||||||
| |||||||
1 | recommended that school officials consider forms of | ||||||
2 | non-exclusionary discipline prior to using out-of-school | ||||||
3 | suspensions or expulsions. | ||||||
4 | (b-10) Unless otherwise required by federal law or this | ||||||
5 | Code, school boards may not institute zero-tolerance policies | ||||||
6 | by which school administrators are required to suspend or | ||||||
7 | expel students for particular behaviors. | ||||||
8 | (b-15) Out-of-school suspensions of 3 days or less may be | ||||||
9 | used only if the student's continuing presence in school would | ||||||
10 | pose a threat to school safety or a disruption to other | ||||||
11 | students' learning opportunities. For purposes of this | ||||||
12 | subsection (b-15), "threat to school safety or a disruption to | ||||||
13 | other students' learning opportunities" shall be determined on | ||||||
14 | a case-by-case basis by the school board or its designee. | ||||||
15 | School officials shall make all reasonable efforts to resolve | ||||||
16 | such threats, address such disruptions, and minimize the | ||||||
17 | length of suspensions to the greatest extent practicable. | ||||||
18 | (b-20) Unless otherwise required by this Code, | ||||||
19 | out-of-school suspensions of longer than 3 days, expulsions, | ||||||
20 | and disciplinary removals to alternative schools may be used | ||||||
21 | only if other appropriate and available behavioral and | ||||||
22 | disciplinary interventions have been exhausted and the | ||||||
23 | student's continuing presence in school would either (i) pose | ||||||
24 | a threat to the safety of other students, staff, or members of | ||||||
25 | the school community or (ii) substantially disrupt, impede, or | ||||||
26 | interfere with the operation of the school. For purposes of |
| |||||||
| |||||||
1 | this subsection (b-20), "threat to the safety of other | ||||||
2 | students, staff, or members of the school community" and | ||||||
3 | "substantially disrupt, impede, or interfere with the | ||||||
4 | operation of the school" shall be determined on a case-by-case | ||||||
5 | basis by school officials. For purposes of this subsection | ||||||
6 | (b-20), the determination of whether "appropriate and | ||||||
7 | available behavioral and disciplinary interventions have been | ||||||
8 | exhausted" shall be made by school officials. School officials | ||||||
9 | shall make all reasonable efforts to resolve such threats, | ||||||
10 | address such disruptions, and minimize the length of student | ||||||
11 | exclusions to the greatest extent practicable. Within the | ||||||
12 | suspension decision described in subsection (b) of this | ||||||
13 | Section or the expulsion decision described in subsection (a) | ||||||
14 | of this Section, it shall be documented whether other | ||||||
15 | interventions were attempted or whether it was determined that | ||||||
16 | there were no other appropriate and available interventions. | ||||||
17 | (b-25) Students who are suspended out-of-school for longer | ||||||
18 | than 4 school days shall be provided appropriate and available | ||||||
19 | support services during the period of their suspension. For | ||||||
20 | purposes of this subsection (b-25), "appropriate and available | ||||||
21 | support services" shall be determined by school authorities. | ||||||
22 | Within the suspension decision described in subsection (b) of | ||||||
23 | this Section, it shall be documented whether such services are | ||||||
24 | to be provided or whether it was determined that there are no | ||||||
25 | such appropriate and available services. | ||||||
26 | A school district may refer students who are expelled to |
| |||||||
| |||||||
1 | appropriate and available support services. | ||||||
2 | A school district shall create a policy to facilitate the | ||||||
3 | re-engagement of students who are suspended out-of-school, | ||||||
4 | expelled, or returning from an alternative school setting. | ||||||
5 | (b-30) A school district shall create a policy by which | ||||||
6 | suspended pupils, including those pupils suspended from the | ||||||
7 | school bus who do not have alternate transportation to school, | ||||||
8 | shall have the opportunity to make up work for equivalent | ||||||
9 | academic credit. It shall be the responsibility of a pupil's | ||||||
10 | parents or guardians to notify school officials that a pupil | ||||||
11 | suspended from the school bus does not have alternate | ||||||
12 | transportation to school. | ||||||
13 | (b-35) In all suspension review hearings conducted under | ||||||
14 | subsection (b) or expulsion hearings conducted under | ||||||
15 | subsection (a), a student may disclose any factor to be | ||||||
16 | considered in mitigation, including his or her status as a | ||||||
17 | parent, expectant parent, or victim of domestic or sexual | ||||||
18 | violence, as defined in Article 26A. A representative of the | ||||||
19 | parent's or guardian's choice, or of the student's choice if | ||||||
20 | emancipated, must be permitted to represent the student | ||||||
21 | throughout the proceedings and to address the school board or | ||||||
22 | its appointed hearing officer. With the approval of the | ||||||
23 | student's parent or guardian, or of the student if | ||||||
24 | emancipated, a support person must be permitted to accompany | ||||||
25 | the student to any disciplinary hearings or proceedings. The | ||||||
26 | representative or support person must comply with any rules of |
| |||||||
| |||||||
1 | the school district's hearing process. If the representative | ||||||
2 | or support person violates the rules or engages in behavior or | ||||||
3 | advocacy that harasses, abuses, or intimidates either party, a | ||||||
4 | witness, or anyone else in attendance at the hearing, the | ||||||
5 | representative or support person may be prohibited from | ||||||
6 | further participation in the hearing or proceeding. A | ||||||
7 | suspension or expulsion proceeding under this subsection | ||||||
8 | (b-35) must be conducted independently from any ongoing | ||||||
9 | criminal investigation or proceeding, and an absence of | ||||||
10 | pending or possible criminal charges, criminal investigations, | ||||||
11 | or proceedings may not be a factor in school disciplinary | ||||||
12 | decisions. | ||||||
13 | (b-40) During a suspension review hearing conducted under | ||||||
14 | subsection (b) or an expulsion hearing conducted under | ||||||
15 | subsection (a) that involves allegations of sexual violence by | ||||||
16 | the student who is subject to discipline, neither the student | ||||||
17 | nor his or her representative shall directly question nor have | ||||||
18 | direct contact with the alleged victim. The student who is | ||||||
19 | subject to discipline or his or her representative may, at the | ||||||
20 | discretion and direction of the school board or its appointed | ||||||
21 | hearing officer, suggest questions to be posed by the school | ||||||
22 | board or its appointed hearing officer to the alleged victim. | ||||||
23 | (c) A school board must invite a representative from a | ||||||
24 | local mental health agency to consult with the board at the | ||||||
25 | meeting whenever there is evidence that mental illness may be | ||||||
26 | the cause of a student's expulsion or suspension. |
| |||||||
| |||||||
1 | (c-5) School districts shall make reasonable efforts to | ||||||
2 | provide ongoing professional development to teachers, | ||||||
3 | administrators, school board members, school resource | ||||||
4 | officers, and staff on the adverse consequences of school | ||||||
5 | exclusion and justice-system involvement, effective classroom | ||||||
6 | management strategies, culturally responsive discipline, the | ||||||
7 | appropriate and available supportive services for the | ||||||
8 | promotion of student attendance and engagement, and | ||||||
9 | developmentally appropriate disciplinary methods that promote | ||||||
10 | positive and healthy school climates. | ||||||
11 | (d) The board may expel a student for a definite period of | ||||||
12 | time not to exceed 2 calendar years, as determined on a | ||||||
13 | case-by-case basis. A student who is determined to have | ||||||
14 | brought one of the following objects to school, any | ||||||
15 | school-sponsored activity or event, or any activity or event | ||||||
16 | that bears a reasonable relationship to school shall be | ||||||
17 | expelled for a period of not less than one year: | ||||||
18 | (1) A firearm. For the purposes of this Section, | ||||||
19 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
20 | by Section 921 of Title 18 of the United States Code, | ||||||
21 | firearm as defined in Section 2-7.5 1.1 of the Firearm | ||||||
22 | Owners Identification Card Act, or firearm as defined in | ||||||
23 | Section 24-1 of the Criminal Code of 2012. The expulsion | ||||||
24 | period under this subdivision (1) may be modified by the | ||||||
25 | superintendent, and the superintendent's determination may | ||||||
26 | be modified by the board on a case-by-case basis. |
| |||||||
| |||||||
1 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
2 | regardless of its composition, a billy club, or any other | ||||||
3 | object if used or attempted to be used to cause bodily | ||||||
4 | harm, including "look alikes" of any firearm as defined in | ||||||
5 | subdivision (1) of this subsection (d). The expulsion | ||||||
6 | requirement under this subdivision (2) may be modified by | ||||||
7 | the superintendent, and the superintendent's determination | ||||||
8 | may be modified by the board on a case-by-case basis. | ||||||
9 | Expulsion or suspension shall be construed in a manner | ||||||
10 | consistent with the federal Individuals with Disabilities | ||||||
11 | Education Act. A student who is subject to suspension or | ||||||
12 | expulsion as provided in this Section may be eligible for a | ||||||
13 | transfer to an alternative school program in accordance with | ||||||
14 | Article 13A of the School Code. | ||||||
15 | (d-5) The board may suspend or by regulation authorize the | ||||||
16 | superintendent of the district or the principal, assistant | ||||||
17 | principal, or dean of students of any school to suspend a | ||||||
18 | student for a period not to exceed 10 school days or may expel | ||||||
19 | a student for a definite period of time not to exceed 2 | ||||||
20 | calendar years, as determined on a case-by-case basis, if (i) | ||||||
21 | that student has been determined to have made an explicit | ||||||
22 | threat on an Internet website against a school employee, a | ||||||
23 | student, or any school-related personnel, (ii) the Internet | ||||||
24 | website through which the threat was made is a site that was | ||||||
25 | accessible within the school at the time the threat was made or | ||||||
26 | was available to third parties who worked or studied within |
| |||||||
| |||||||
1 | the school grounds at the time the threat was made, and (iii) | ||||||
2 | the threat could be reasonably interpreted as threatening to | ||||||
3 | the safety and security of the threatened individual because | ||||||
4 | of his or her duties or employment status or status as a | ||||||
5 | student inside the school. | ||||||
6 | (e) To maintain order and security in the schools, school | ||||||
7 | authorities may inspect and search places and areas such as | ||||||
8 | lockers, desks, parking lots, and other school property and | ||||||
9 | equipment owned or controlled by the school, as well as | ||||||
10 | personal effects left in those places and areas by students, | ||||||
11 | without notice to or the consent of the student, and without a | ||||||
12 | search warrant. As a matter of public policy, the General | ||||||
13 | Assembly finds that students have no reasonable expectation of | ||||||
14 | privacy in these places and areas or in their personal effects | ||||||
15 | left in these places and areas. School authorities may request | ||||||
16 | the assistance of law enforcement officials for the purpose of | ||||||
17 | conducting inspections and searches of lockers, desks, parking | ||||||
18 | lots, and other school property and equipment owned or | ||||||
19 | controlled by the school for illegal drugs, weapons, or other | ||||||
20 | illegal or dangerous substances or materials, including | ||||||
21 | searches conducted through the use of specially trained dogs. | ||||||
22 | If a search conducted in accordance with this Section produces | ||||||
23 | evidence that the student has violated or is violating either | ||||||
24 | the law, local ordinance, or the school's policies or rules, | ||||||
25 | such evidence may be seized by school authorities, and | ||||||
26 | disciplinary action may be taken. School authorities may also |
| |||||||
| |||||||
1 | turn over such evidence to law enforcement authorities. | ||||||
2 | (f) Suspension or expulsion may include suspension or | ||||||
3 | expulsion from school and all school activities and a | ||||||
4 | prohibition from being present on school grounds. | ||||||
5 | (g) A school district may adopt a policy providing that if | ||||||
6 | a student is suspended or expelled for any reason from any | ||||||
7 | public or private school in this or any other state, the | ||||||
8 | student must complete the entire term of the suspension or | ||||||
9 | expulsion in an alternative school program under Article 13A | ||||||
10 | of this Code or an alternative learning opportunities program | ||||||
11 | under Article 13B of this Code before being admitted into the | ||||||
12 | school district if there is no threat to the safety of students | ||||||
13 | or staff in the alternative program. A school district that | ||||||
14 | adopts a policy under this subsection (g) must include a | ||||||
15 | provision allowing for consideration of any mitigating | ||||||
16 | factors, including, but not limited to, a student's status as | ||||||
17 | a parent, expectant parent, or victim of domestic or sexual | ||||||
18 | violence, as defined in Article 26A. | ||||||
19 | (h) School officials shall not advise or encourage | ||||||
20 | students to drop out voluntarily due to behavioral or academic | ||||||
21 | difficulties. | ||||||
22 | (i) A student may not be issued a monetary fine or fee as a | ||||||
23 | disciplinary consequence, though this shall not preclude | ||||||
24 | requiring a student to provide restitution for lost, stolen, | ||||||
25 | or damaged property. | ||||||
26 | (j) Subsections (a) through (i) of this Section shall |
| |||||||
| |||||||
1 | apply to elementary and secondary schools, charter schools, | ||||||
2 | special charter districts, and school districts organized | ||||||
3 | under Article 34 of this Code. | ||||||
4 | (k) The expulsion of children enrolled in programs funded | ||||||
5 | under Section 1C-2 of this Code is subject to the requirements | ||||||
6 | under paragraph (7) of subsection (a) of Section 2-3.71 of | ||||||
7 | this Code. | ||||||
8 | (l) Beginning with the 2018-2019 school year, an in-school | ||||||
9 | suspension program provided by a school district for any | ||||||
10 | students in kindergarten through grade 12 may focus on | ||||||
11 | promoting non-violent conflict resolution and positive | ||||||
12 | interaction with other students and school personnel. A school | ||||||
13 | district may employ a school social worker or a licensed | ||||||
14 | mental health professional to oversee an in-school suspension | ||||||
15 | program in kindergarten through grade 12. | ||||||
16 | (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; | ||||||
17 | 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.) | ||||||
18 | (105 ILCS 5/10-27.1A) | ||||||
19 | Sec. 10-27.1A. Firearms in schools. | ||||||
20 | (a) All school officials, including teachers, school | ||||||
21 | counselors, and support staff, shall immediately notify the | ||||||
22 | office of the principal in the event that they observe any | ||||||
23 | person in possession of a firearm on school grounds; provided | ||||||
24 | that taking such immediate action to notify the office of the | ||||||
25 | principal would not immediately endanger the health, safety, |
| |||||||
| |||||||
1 | or welfare of students who are under the direct supervision of | ||||||
2 | the school official or the school official. If the health, | ||||||
3 | safety, or welfare of students under the direct supervision of | ||||||
4 | the school official or of the school official is immediately | ||||||
5 | endangered, the school official shall notify the office of the | ||||||
6 | principal as soon as the students under his or her supervision | ||||||
7 | and he or she are no longer under immediate danger. A report is | ||||||
8 | not required by this Section when the school official knows | ||||||
9 | that the person in possession of the firearm is a law | ||||||
10 | enforcement official engaged in the conduct of his or her | ||||||
11 | official duties. Any school official acting in good faith who | ||||||
12 | makes such a report under this Section shall have immunity | ||||||
13 | from any civil or criminal liability that might otherwise be | ||||||
14 | incurred as a result of making the report. The identity of the | ||||||
15 | school official making such report shall not be disclosed | ||||||
16 | except as expressly and specifically authorized by law. | ||||||
17 | Knowingly and willfully failing to comply with this Section is | ||||||
18 | a petty offense. A second or subsequent offense is a Class C | ||||||
19 | misdemeanor. | ||||||
20 | (b) Upon receiving a report from any school official | ||||||
21 | pursuant to this Section, or from any other person, the | ||||||
22 | principal or his or her designee shall immediately notify a | ||||||
23 | local law enforcement agency. If the person found to be in | ||||||
24 | possession of a firearm on school grounds is a student, the | ||||||
25 | principal or his or her designee shall also immediately notify | ||||||
26 | that student's parent or guardian. Any principal or his or her |
| |||||||
| |||||||
1 | designee acting in good faith who makes such reports under | ||||||
2 | this Section shall have immunity from any civil or criminal | ||||||
3 | liability that might otherwise be incurred or imposed as a | ||||||
4 | result of making the reports. Knowingly and willfully failing | ||||||
5 | to comply with this Section is a petty offense. A second or | ||||||
6 | subsequent offense is a Class C misdemeanor. If the person | ||||||
7 | found to be in possession of the firearm on school grounds is a | ||||||
8 | minor, the law enforcement agency shall detain that minor | ||||||
9 | until such time as the agency makes a determination pursuant | ||||||
10 | to clause (a) of subsection (1) of Section 5-401 of the | ||||||
11 | Juvenile Court Act of 1987, as to whether the agency | ||||||
12 | reasonably believes that the minor is delinquent. If the law | ||||||
13 | enforcement agency determines that probable cause exists to | ||||||
14 | believe that the minor committed a violation of item (4) of | ||||||
15 | subsection (a) of Section 24-1 of the Criminal Code of 2012 | ||||||
16 | while on school grounds, the agency shall detain the minor for | ||||||
17 | processing pursuant to Section 5-407 of the Juvenile Court Act | ||||||
18 | of 1987. | ||||||
19 | (c) Upon receipt of any written, electronic, or verbal | ||||||
20 | report from any school personnel regarding a verified incident | ||||||
21 | involving a firearm in a school or on school owned or leased | ||||||
22 | property, including any conveyance owned, leased, or used by | ||||||
23 | the school for the transport of students or school personnel, | ||||||
24 | the superintendent or his or her designee shall report all | ||||||
25 | such firearm-related incidents occurring in a school or on | ||||||
26 | school property to the local law enforcement authorities |
| |||||||
| |||||||
1 | immediately, who shall report to the Illinois State Police in | ||||||
2 | a form, manner, and frequency as prescribed by the Illinois | ||||||
3 | State Police. | ||||||
4 | The State Board of Education shall receive an annual | ||||||
5 | statistical compilation and related data associated with | ||||||
6 | incidents involving firearms in schools from the Illinois | ||||||
7 | State Police. The State Board of Education shall compile this | ||||||
8 | information by school district and make it available to the | ||||||
9 | public. | ||||||
10 | (d) As used in this Section, the term "firearm" shall have | ||||||
11 | the meaning ascribed to it in Section 2-7.5 of the Criminal | ||||||
12 | Code of 2012 1.1 of the Firearm Owners Identification Card | ||||||
13 | Act . | ||||||
14 | As used in this Section, the term "school" means any | ||||||
15 | public or private elementary or secondary school. | ||||||
16 | As used in this Section, the term "school grounds" | ||||||
17 | includes the real property comprising any school, any | ||||||
18 | conveyance owned, leased, or contracted by a school to | ||||||
19 | transport students to or from school or a school-related | ||||||
20 | activity, or any public way within 1,000 feet of the real | ||||||
21 | property comprising any school. | ||||||
22 | (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; | ||||||
23 | 102-813, eff. 5-13-22; 103-34, eff. 6-9-23.) | ||||||
24 | (105 ILCS 5/34-8.05) | ||||||
25 | Sec. 34-8.05. Reporting firearms in schools. On or after |
| |||||||
| |||||||
1 | January 1, 1997, upon receipt of any written, electronic, or | ||||||
2 | verbal report from any school personnel regarding a verified | ||||||
3 | incident involving a firearm in a school or on school owned or | ||||||
4 | leased property, including any conveyance owned, leased, or | ||||||
5 | used by the school for the transport of students or school | ||||||
6 | personnel, the general superintendent or his or her designee | ||||||
7 | shall report all such firearm-related incidents occurring in a | ||||||
8 | school or on school property to the local law enforcement | ||||||
9 | authorities no later than 24 hours after the occurrence of the | ||||||
10 | incident and to the Illinois State Police in a form, manner, | ||||||
11 | and frequency as prescribed by the Illinois State Police. | ||||||
12 | The State Board of Education shall receive an annual | ||||||
13 | statistical compilation and related data associated with | ||||||
14 | incidents involving firearms in schools from the Illinois | ||||||
15 | State Police. As used in this Section, the term "firearm" | ||||||
16 | shall have the meaning ascribed to it in Section 2-7.5 of the | ||||||
17 | Criminal Code of 2012 1.1 of the Firearm Owners Identification | ||||||
18 | Card Act . | ||||||
19 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
20 | Section 105. The Illinois Explosives Act is amended by | ||||||
21 | changing Section 2005 as follows: | ||||||
22 | (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005) | ||||||
23 | Sec. 2005. Qualifications for licensure. | ||||||
24 | (a) No person shall qualify to hold a license who: |
| |||||||
| |||||||
1 | (1) is under 21 years of age; | ||||||
2 | (2) has been convicted in any court of a crime | ||||||
3 | punishable by imprisonment for a term exceeding one year; | ||||||
4 | (3) is under indictment for a crime punishable by | ||||||
5 | imprisonment for a term exceeding one year; | ||||||
6 | (4) is a fugitive from justice; | ||||||
7 | (5) is an unlawful user of or addicted to any | ||||||
8 | controlled substance as defined in Section 102 of the | ||||||
9 | federal Controlled Substances Act (21 U.S.C. Sec. 802 et | ||||||
10 | seq.); | ||||||
11 | (6) has been adjudicated a person with a mental | ||||||
12 | disability as defined in Section 6-103.1 of the Mental | ||||||
13 | Health and Developmental Disabilities Code 1.1 of the | ||||||
14 | Firearm Owners Identification Card Act ; or | ||||||
15 | (7) is not a legal citizen of the United States or | ||||||
16 | lawfully admitted for permanent residence. | ||||||
17 | (b) A person who has been granted a "relief from | ||||||
18 | disabilities" regarding criminal convictions and indictments, | ||||||
19 | pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. | ||||||
20 | 845) may receive a license provided all other qualifications | ||||||
21 | under this Act are met. | ||||||
22 | (Source: P.A. 101-541, eff. 8-23-19.) | ||||||
23 | Section 110. The Private Detective, Private Alarm, Private | ||||||
24 | Security, and Locksmith Act of 2004 is amended by changing | ||||||
25 | Sections 35-30 and 35-35 as follows: |
| |||||||
| |||||||
1 | (225 ILCS 447/35-30) | ||||||
2 | (Section scheduled to be repealed on January 1, 2029) | ||||||
3 | Sec. 35-30. Employee requirements. All employees of a | ||||||
4 | licensed agency, other than those exempted, shall apply for a | ||||||
5 | permanent employee registration card. The holder of an agency | ||||||
6 | license issued under this Act, known in this Section as | ||||||
7 | "employer", may employ in the conduct of the employer's | ||||||
8 | business employees under the following provisions: | ||||||
9 | (a) No person shall be issued a permanent employee | ||||||
10 | registration card who: | ||||||
11 | (1) Is younger than 18 years of age. | ||||||
12 | (2) Is younger than 21 years of age if the services | ||||||
13 | will include being armed. | ||||||
14 | (3) Has been determined by the Department to be unfit | ||||||
15 | by reason of conviction of an offense in this or another | ||||||
16 | state, including registration as a sex offender, but not | ||||||
17 | including a traffic offense. Persons convicted of felonies | ||||||
18 | involving bodily harm, weapons, violence, or theft within | ||||||
19 | the previous 10 years shall be presumed to be unfit for | ||||||
20 | registration. The Department shall adopt rules for making | ||||||
21 | those determinations that shall afford the applicant due | ||||||
22 | process of law. | ||||||
23 | (4) Has had a license or permanent employee | ||||||
24 | registration card denied, suspended, or revoked under this | ||||||
25 | Act (i) within one year before the date the person's |
| |||||||
| |||||||
1 | application for permanent employee registration card is | ||||||
2 | received by the Department; and (ii) that refusal, denial, | ||||||
3 | suspension, or revocation was based on any provision of | ||||||
4 | this Act other than Section 40-50, item (6) or (8) of | ||||||
5 | subsection (a) of Section 15-10, subsection (b) of Section | ||||||
6 | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | ||||||
7 | subsection (b) of Section 20-10, item (6) or (8) of | ||||||
8 | subsection (a) of Section 25-10, subsection (b) of Section | ||||||
9 | 25-10, item (7) of subsection (a) of Section 30-10, | ||||||
10 | subsection (b) of Section 30-10, or Section 10-40. | ||||||
11 | (5) Has been declared incompetent by any court of | ||||||
12 | competent jurisdiction by reason of mental disease or | ||||||
13 | defect and has not been restored. | ||||||
14 | (6) Has been dishonorably discharged from the armed | ||||||
15 | services of the United States. | ||||||
16 | (b) No person may be employed by a private detective | ||||||
17 | agency, private security contractor agency, private alarm | ||||||
18 | contractor agency, fingerprint vendor agency, or locksmith | ||||||
19 | agency under this Section until the person has executed and | ||||||
20 | furnished to the employer, on forms furnished by the | ||||||
21 | Department, a verified statement to be known as "Employee's | ||||||
22 | Statement" setting forth: | ||||||
23 | (1) The person's full name, age, and residence | ||||||
24 | address. | ||||||
25 | (2) The business or occupation engaged in for the 5 | ||||||
26 | years immediately before the date of the execution of the |
| |||||||
| |||||||
1 | statement, the place where the business or occupation was | ||||||
2 | engaged in, and the names of employers, if any. | ||||||
3 | (3) That the person has not had a license or employee | ||||||
4 | registration denied, revoked, or suspended under this Act | ||||||
5 | (i) within one year before the date the person's | ||||||
6 | application for permanent employee registration card is | ||||||
7 | received by the Department; and (ii) that refusal, denial, | ||||||
8 | suspension, or revocation was based on any provision of | ||||||
9 | this Act other than Section 40-50, item (6) or (8) of | ||||||
10 | subsection (a) of Section 15-10, subsection (b) of Section | ||||||
11 | 15-10, item (6) or (8) of subsection (a) of Section 20-10, | ||||||
12 | subsection (b) of Section 20-10, item (6) or (8) of | ||||||
13 | subsection (a) of Section 25-10, subsection (b) of Section | ||||||
14 | 25-10, item (7) of subsection (a) of Section 30-10, | ||||||
15 | subsection (b) of Section 30-10, or Section 10-40. | ||||||
16 | (4) Any conviction of a felony or misdemeanor. | ||||||
17 | (5) Any declaration of incompetence by a court of | ||||||
18 | competent jurisdiction that has not been restored. | ||||||
19 | (6) Any dishonorable discharge from the armed services | ||||||
20 | of the United States. | ||||||
21 | (7) Any other information as may be required by any | ||||||
22 | rule of the Department to show the good character, | ||||||
23 | competency, and integrity of the person executing the | ||||||
24 | statement. | ||||||
25 | (c) Each applicant for a permanent employee registration | ||||||
26 | card shall have the applicant's fingerprints submitted to the |
| |||||||
| |||||||
1 | Illinois State Police in an electronic format that complies | ||||||
2 | with the form and manner for requesting and furnishing | ||||||
3 | criminal history record information as prescribed by the | ||||||
4 | Illinois State Police. These fingerprints shall be checked | ||||||
5 | against the Illinois State Police and Federal Bureau of | ||||||
6 | Investigation criminal history record databases now and | ||||||
7 | hereafter filed. The Illinois State Police shall charge | ||||||
8 | applicants a fee for conducting the criminal history records | ||||||
9 | check, which shall be deposited in the State Police Services | ||||||
10 | Fund and shall not exceed the actual cost of the records check. | ||||||
11 | The Illinois State Police shall furnish, pursuant to positive | ||||||
12 | identification, records of Illinois convictions to the | ||||||
13 | Department. The Department may require applicants to pay a | ||||||
14 | separate fingerprinting fee, either to the Department or | ||||||
15 | directly to the vendor. The Department, in its discretion, may | ||||||
16 | allow an applicant who does not have reasonable access to a | ||||||
17 | designated vendor to provide the applicant's fingerprints in | ||||||
18 | an alternative manner. The Department, in its discretion, may | ||||||
19 | also use other procedures in performing or obtaining criminal | ||||||
20 | background checks of applicants. Instead of submitting the | ||||||
21 | applicant's fingerprints, an individual may submit proof that | ||||||
22 | is satisfactory to the Department that an equivalent security | ||||||
23 | clearance has been conducted. Also, an individual who has | ||||||
24 | retired as a peace officer within 12 months of application may | ||||||
25 | submit verification, on forms provided by the Department and | ||||||
26 | signed by the applicant's employer, of the applicant's |
| |||||||
| |||||||
1 | previous full-time employment as a peace officer. | ||||||
2 | (d) The Department shall issue a permanent employee | ||||||
3 | registration card, in a form the Department prescribes, to all | ||||||
4 | qualified applicants. The holder of a permanent employee | ||||||
5 | registration card shall carry the card at all times while | ||||||
6 | actually engaged in the performance of the duties of the | ||||||
7 | employee's employment. Expiration and requirements for renewal | ||||||
8 | of permanent employee registration cards shall be established | ||||||
9 | by rule of the Department. Possession of a permanent employee | ||||||
10 | registration card does not in any way imply that the holder of | ||||||
11 | the card is employed by an agency unless the permanent | ||||||
12 | employee registration card is accompanied by the employee | ||||||
13 | identification card required by subsection (f) of this | ||||||
14 | Section. | ||||||
15 | (e) Each employer shall maintain a record of each employee | ||||||
16 | that is accessible to the duly authorized representatives of | ||||||
17 | the Department. The record shall contain the following | ||||||
18 | information: | ||||||
19 | (1) A photograph taken within 10 days of the date that | ||||||
20 | the employee begins employment with the employer. The | ||||||
21 | photograph shall be replaced with a current photograph | ||||||
22 | every 3 calendar years. | ||||||
23 | (2) The Employee's Statement specified in subsection | ||||||
24 | (b) of this Section. | ||||||
25 | (3) All correspondence or documents relating to the | ||||||
26 | character and integrity of the employee received by the |
| |||||||
| |||||||
1 | employer from any official source or law enforcement | ||||||
2 | agency. | ||||||
3 | (4) In the case of former employees, the employee | ||||||
4 | identification card of that person issued under subsection | ||||||
5 | (f) of this Section. Each employee record shall duly note | ||||||
6 | if the employee is employed in an armed capacity. Armed | ||||||
7 | employee files shall contain a copy of an active firearm | ||||||
8 | owner's identification card and a copy of an active | ||||||
9 | firearm control card. Each employer shall maintain a | ||||||
10 | record for each armed employee of each instance in which | ||||||
11 | the employee's weapon was discharged during the course of | ||||||
12 | the employee's professional duties or activities. The | ||||||
13 | record shall be maintained on forms provided by the | ||||||
14 | Department, a copy of which must be filed with the | ||||||
15 | Department within 15 days of an instance. The record shall | ||||||
16 | include the date and time of the occurrence, the | ||||||
17 | circumstances involved in the occurrence, and any other | ||||||
18 | information as the Department may require. Failure to | ||||||
19 | provide this information to the Department or failure to | ||||||
20 | maintain the record as a part of each armed employee's | ||||||
21 | permanent file is grounds for disciplinary action. The | ||||||
22 | Department, upon receipt of a report, shall have the | ||||||
23 | authority to make any investigation it considers | ||||||
24 | appropriate into any occurrence in which an employee's | ||||||
25 | weapon was discharged and to take disciplinary action as | ||||||
26 | may be appropriate. |
| |||||||
| |||||||
1 | (5) A copy of the employee's permanent employee | ||||||
2 | registration card or a copy of the Department's "License | ||||||
3 | Lookup" Webpage showing that the employee has been issued | ||||||
4 | a valid permanent employee registration card by the | ||||||
5 | Department. | ||||||
6 | The Department may, by rule, prescribe further record | ||||||
7 | requirements. | ||||||
8 | (f) Every employer shall furnish an employee | ||||||
9 | identification card to each of the employer's employees. This | ||||||
10 | employee identification card shall contain a recent photograph | ||||||
11 | of the employee, the employee's name, the name and agency | ||||||
12 | license number of the employer, the employee's personal | ||||||
13 | description, the signature of the employer, the signature of | ||||||
14 | that employee, the date of issuance, and an employee | ||||||
15 | identification card number. | ||||||
16 | (g) No employer may issue an employee identification card | ||||||
17 | to any person who is not employed by the employer in accordance | ||||||
18 | with this Section or falsely state or represent that a person | ||||||
19 | is or has been in the employer's employ. It is unlawful for an | ||||||
20 | applicant for registered employment to file with the | ||||||
21 | Department the fingerprints of a person other than himself or | ||||||
22 | herself. | ||||||
23 | (h) Every employer shall obtain the identification card of | ||||||
24 | every employee who terminates employment with the employer. | ||||||
25 | (i) Every employer shall maintain a separate roster of the | ||||||
26 | names of all employees currently working in an armed capacity |
| |||||||
| |||||||
1 | and submit the roster to the Department on request. | ||||||
2 | (j) No agency may employ any person to perform a licensed | ||||||
3 | activity under this Act unless the person possesses a valid | ||||||
4 | permanent employee registration card or a valid license under | ||||||
5 | this Act, or is exempt pursuant to subsection (n). | ||||||
6 | (k) Notwithstanding the provisions of subsection (j), an | ||||||
7 | agency may employ a person in a temporary capacity if all of | ||||||
8 | the following conditions are met: | ||||||
9 | (1) The agency completes in its entirety and submits | ||||||
10 | to the Department an application for a permanent employee | ||||||
11 | registration card, including the required fingerprint | ||||||
12 | receipt and fees. | ||||||
13 | (2) The agency has verification from the Department | ||||||
14 | that the applicant has no record of any criminal | ||||||
15 | conviction pursuant to the criminal history check | ||||||
16 | conducted by the Illinois State Police. The agency shall | ||||||
17 | maintain the verification of the results of the Illinois | ||||||
18 | State Police criminal history check as part of the | ||||||
19 | employee record as required under subsection (e) of this | ||||||
20 | Section. | ||||||
21 | (3) The agency exercises due diligence to ensure that | ||||||
22 | the person is qualified under the requirements of this Act | ||||||
23 | to be issued a permanent employee registration card. | ||||||
24 | (4) The agency maintains a separate roster of the | ||||||
25 | names of all employees whose applications are currently | ||||||
26 | pending with the Department and submits the roster to the |
| |||||||
| |||||||
1 | Department on a monthly basis. Rosters are to be | ||||||
2 | maintained by the agency for a period of at least 24 | ||||||
3 | months. | ||||||
4 | An agency may employ only a permanent employee applicant | ||||||
5 | for which it either submitted a permanent employee application | ||||||
6 | and all required forms and fees or it confirms with the | ||||||
7 | Department that a permanent employee application and all | ||||||
8 | required forms and fees have been submitted by another agency, | ||||||
9 | licensee or the permanent employee and all other requirements | ||||||
10 | of this Section are met. | ||||||
11 | The Department shall have the authority to revoke, without | ||||||
12 | a hearing, the temporary authority of an individual to work | ||||||
13 | upon receipt of Federal Bureau of Investigation fingerprint | ||||||
14 | data or a report of another official authority indicating a | ||||||
15 | criminal conviction. If the Department has not received a | ||||||
16 | temporary employee's Federal Bureau of Investigation | ||||||
17 | fingerprint data within 120 days of the date the Department | ||||||
18 | received the Illinois State Police fingerprint data, the | ||||||
19 | Department may, at its discretion, revoke the employee's | ||||||
20 | temporary authority to work with 15 days written notice to the | ||||||
21 | individual and the employing agency. | ||||||
22 | An agency may not employ a person in a temporary capacity | ||||||
23 | if it knows or reasonably should have known that the person has | ||||||
24 | been convicted of a crime under the laws of this State, has | ||||||
25 | been convicted in another state of any crime that is a crime | ||||||
26 | under the laws of this State, has been convicted of any crime |
| |||||||
| |||||||
1 | in a federal court, or has been posted as an unapproved | ||||||
2 | applicant by the Department. Notice by the Department to the | ||||||
3 | agency, via certified mail, personal delivery, electronic | ||||||
4 | mail, or posting on the Department's Internet site accessible | ||||||
5 | to the agency that the person has been convicted of a crime | ||||||
6 | shall be deemed constructive knowledge of the conviction on | ||||||
7 | the part of the agency. The Department may adopt rules to | ||||||
8 | implement this subsection (k). | ||||||
9 | (l) No person may be employed under this Section in any | ||||||
10 | capacity if: | ||||||
11 | (1) the person, while so employed, is being paid by | ||||||
12 | the United States or any political subdivision for the | ||||||
13 | time so employed in addition to any payments the person | ||||||
14 | may receive from the employer; or | ||||||
15 | (2) the person wears any portion of the person's | ||||||
16 | official uniform, emblem of authority, or equipment while | ||||||
17 | so employed. | ||||||
18 | (m) If information is discovered affecting the | ||||||
19 | registration of a person whose fingerprints were submitted | ||||||
20 | under this Section, the Department shall so notify the agency | ||||||
21 | that submitted the fingerprints on behalf of that person. | ||||||
22 | (n) Peace officers shall be exempt from the requirements | ||||||
23 | of this Section relating to permanent employee registration | ||||||
24 | cards. The agency shall remain responsible for any peace | ||||||
25 | officer employed under this exemption, regardless of whether | ||||||
26 | the peace officer is compensated as an employee or as an |
| |||||||
| |||||||
1 | independent contractor and as further defined by rule. | ||||||
2 | (o) Persons who have no access to confidential or security | ||||||
3 | information, who do not go to a client's or prospective | ||||||
4 | client's residence or place of business, and who otherwise do | ||||||
5 | not provide traditional security services are exempt from | ||||||
6 | employee registration. Examples of exempt employees include, | ||||||
7 | but are not limited to, employees working in the capacity of | ||||||
8 | ushers, directors, ticket takers, cashiers, drivers, and | ||||||
9 | reception personnel. Confidential or security information is | ||||||
10 | that which pertains to employee files, scheduling, client | ||||||
11 | contracts, or technical security and alarm data. | ||||||
12 | (p) An applicant who is 21 years of age or older seeking a | ||||||
13 | religious exemption to the photograph requirement of this | ||||||
14 | Section shall furnish with the application an approved copy of | ||||||
15 | United States Department of the Treasury Internal Revenue | ||||||
16 | Service Form 4029. Regardless of age, an applicant seeking a | ||||||
17 | religious exemption to this photograph requirement shall | ||||||
18 | submit fingerprints in a form and manner prescribed by the | ||||||
19 | Department with the applicant's application in lieu of a | ||||||
20 | photograph. | ||||||
21 | (Source: P.A. 102-538, eff. 8-20-21; 103-309, eff. 1-1-24 .) | ||||||
22 | (225 ILCS 447/35-35) | ||||||
23 | (Section scheduled to be repealed on January 1, 2029) | ||||||
24 | Sec. 35-35. Requirement of a firearm control card. | ||||||
25 | (a) No person shall perform duties that include the use, |
| |||||||
| |||||||
1 | carrying, or possession of a firearm in the performance of | ||||||
2 | those duties without complying with the provisions of this | ||||||
3 | Section and having been issued a valid firearm control card by | ||||||
4 | the Department. | ||||||
5 | (b) No employer shall employ any person to perform the | ||||||
6 | duties for which licensure or employee registration is | ||||||
7 | required and allow that person to carry a firearm unless that | ||||||
8 | person has complied with all the firearm training requirements | ||||||
9 | of this Section and has been issued a firearm control card. | ||||||
10 | This Act permits only the following to carry firearms while | ||||||
11 | actually engaged in the performance of their duties or while | ||||||
12 | commuting directly to or from their places of employment: | ||||||
13 | persons licensed as private detectives and their registered | ||||||
14 | employees; persons licensed as private security contractors | ||||||
15 | and their registered employees; persons licensed as private | ||||||
16 | alarm contractors and their registered employees; and | ||||||
17 | employees of a registered armed proprietary security force. | ||||||
18 | (c) Possession of a valid firearm control card allows a | ||||||
19 | licensee or employee to carry a firearm not otherwise | ||||||
20 | prohibited by law while the licensee or employee is engaged in | ||||||
21 | the performance of the licensee's or employee's duties or | ||||||
22 | while the licensee or employee is commuting directly to or | ||||||
23 | from the licensee's or employee's place or places of | ||||||
24 | employment. | ||||||
25 | (d) The Department shall issue a firearm control card to a | ||||||
26 | person who has passed an approved firearm training course, who |
| |||||||
| |||||||
1 | is currently licensed or employed by an agency licensed by | ||||||
2 | this Act and has met all the requirements of this Act, and who | ||||||
3 | is not prohibited under State or federal law from possessing a | ||||||
4 | firearm possesses a valid firearm owner identification card . | ||||||
5 | Application for the firearm control card shall be made by the | ||||||
6 | employer to the Department on forms provided by the | ||||||
7 | Department. The Department shall forward the card to the | ||||||
8 | employer who shall be responsible for its issuance to the | ||||||
9 | licensee or employee. The firearm control card shall be issued | ||||||
10 | by the Department and shall identify the person holding it and | ||||||
11 | the name of the course where the licensee or employee received | ||||||
12 | firearm instruction and shall specify the type of weapon or | ||||||
13 | weapons the person is authorized by the Department to carry | ||||||
14 | and for which the person has been trained. | ||||||
15 | (e) Expiration and requirements for renewal of firearm | ||||||
16 | control cards shall be determined by rule. | ||||||
17 | (f) The Department may, in addition to any other | ||||||
18 | disciplinary action permitted by this Act, refuse to issue, | ||||||
19 | suspend, or revoke a firearm control card if the applicant or | ||||||
20 | holder has been convicted of any felony or crime involving the | ||||||
21 | illegal use, carrying, or possession of a deadly weapon or for | ||||||
22 | a violation of this Act or rules adopted promulgated under | ||||||
23 | this Act. The Department shall refuse to issue or shall revoke | ||||||
24 | a firearm control card if the applicant or holder is | ||||||
25 | prohibited under State or federal law from possessing a | ||||||
26 | firearm fails to possess a valid firearm owners identification |
| |||||||
| |||||||
1 | card without hearing . The Secretary shall summarily suspend a | ||||||
2 | firearm control card if the Secretary finds that its continued | ||||||
3 | use would constitute an imminent danger to the public. A | ||||||
4 | hearing shall be held before the Board within 30 days if the | ||||||
5 | Secretary summarily suspends a firearm control card. | ||||||
6 | (g) Notwithstanding any other provision of this Act to the | ||||||
7 | contrary, all requirements relating to firearms control cards | ||||||
8 | do not apply to a peace officer. If an individual ceases to be | ||||||
9 | employed as a peace officer and continues to perform services | ||||||
10 | in an armed capacity under this Act that are licensed | ||||||
11 | activities, then the individual is required to obtain a | ||||||
12 | permanent employee registration card pursuant to Section 35-30 | ||||||
13 | of this Act and must possess a valid Firearm Owner's | ||||||
14 | Identification Card , but is not required to obtain a firearm | ||||||
15 | control card if the individual is otherwise in continuing | ||||||
16 | compliance with the federal Law Enforcement Officers Safety | ||||||
17 | Act of 2004. If an individual elects to carry a firearm | ||||||
18 | pursuant to the federal Law Enforcement Officers Safety Act of | ||||||
19 | 2004, then the agency employing the officer shall submit an | ||||||
20 | application to the Department for issuance of a waiver card | ||||||
21 | along with a fee specified by rule. | ||||||
22 | (h) The Department may issue a temporary firearm control | ||||||
23 | card pending issuance of a new firearm control card upon an | ||||||
24 | agency's acquiring of an established armed account. An agency | ||||||
25 | that has acquired armed employees as a result of acquiring an | ||||||
26 | established armed account may, on forms supplied by the |
| |||||||
| |||||||
1 | Department, request the issuance of a temporary firearm | ||||||
2 | control card for each acquired employee who held a valid | ||||||
3 | firearm control card under the employer's employment with the | ||||||
4 | newly acquired established armed account immediately preceding | ||||||
5 | the acquiring of the account and who continues to meet all of | ||||||
6 | the qualifications for issuance of a firearm control card set | ||||||
7 | forth in this Act and any rules adopted under this Act. The | ||||||
8 | Department shall, by rule, set the fee for issuance of a | ||||||
9 | temporary firearm control card. | ||||||
10 | (i) The Department shall not issue a firearm control card | ||||||
11 | to a licensed fingerprint vendor or a licensed locksmith or | ||||||
12 | employees of a licensed fingerprint vendor agency or a | ||||||
13 | licensed locksmith agency. | ||||||
14 | (Source: P.A. 103-309, eff. 1-1-24 .) | ||||||
15 | Section 115. The Illinois Gambling Act is amended by | ||||||
16 | changing Section 5.4 as follows: | ||||||
17 | (230 ILCS 10/5.4) | ||||||
18 | Sec. 5.4. Retiring investigators; purchase of service | ||||||
19 | firearm and badge. The Board shall establish a program to | ||||||
20 | allow an investigator appointed under paragraph (20.6) of | ||||||
21 | subsection (c) of Section 4 who is honorably retiring in good | ||||||
22 | standing to purchase either one or both of the following: (1) | ||||||
23 | any badge previously issued to the investigator by the Board; | ||||||
24 | or (2) if the investigator has a currently valid Firearm |
| |||||||
| |||||||
1 | Owner's Identification Card, the service firearm issued or | ||||||
2 | previously issued to the investigator by the Board. The badge | ||||||
3 | must be permanently and conspicuously marked in such a manner | ||||||
4 | that the individual who possesses the badge is not mistaken | ||||||
5 | for an actively serving law enforcement officer. The cost of | ||||||
6 | the firearm shall be the replacement value of the firearm and | ||||||
7 | not the firearm's fair market value. | ||||||
8 | (Source: P.A. 102-719, eff. 5-6-22.) | ||||||
9 | Section 120. The Mental Health and Developmental | ||||||
10 | Disabilities Code is amended by changing Sections 1-106, | ||||||
11 | 1-116, 6-103.1, 6-103.2, and 6-103.3 as follows: | ||||||
12 | (405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106) | ||||||
13 | Sec. 1-106. "Developmental disability" means a severe, | ||||||
14 | chronic disability, other than mental illness, found to be | ||||||
15 | closely related to an intellectual disability because this | ||||||
16 | condition results in impairment of general intellectual | ||||||
17 | functioning or adaptive behavior similar to that of persons | ||||||
18 | with ID, and requires services similar to those required for a | ||||||
19 | person with an intellectual disability. In addition, a | ||||||
20 | developmental disability: (1) is manifested before the | ||||||
21 | individual reaches 22 years of age; (2) is likely to continue | ||||||
22 | indefinitely; (3) results in substantial functional | ||||||
23 | limitations in three or more of the following areas of major | ||||||
24 | life activity: self-care, receptive and expressive language, |
| |||||||
| |||||||
1 | learning, mobility, self-direction, capacity for independent | ||||||
2 | living, or economic self-sufficiency; and (4) reflects the | ||||||
3 | individual's need for a combination and sequence of special | ||||||
4 | interdisciplinary or generic services, individualized | ||||||
5 | supports, or other forms of assistance that are of lifelong or | ||||||
6 | extended duration and are individually planned and | ||||||
7 | coordinated. This definition does not supersede the | ||||||
8 | "developmental disability" definition in Section 1.1 of the | ||||||
9 | Firearm Owners Identification Card Act which is required to be | ||||||
10 | applied under that Act for the purpose of mandatory reporting. | ||||||
11 | (Source: P.A. 102-972, eff. 1-1-23 .) | ||||||
12 | (405 ILCS 5/1-116) (from Ch. 91 1/2, par. 1-116) | ||||||
13 | Sec. 1-116. Intellectual disability. "Intellectual | ||||||
14 | disability" means a disorder with onset during the | ||||||
15 | developmental period (before the individual reaches age 22), | ||||||
16 | that includes both intellectual and adaptive deficits in | ||||||
17 | conceptual, social and practical domains. The following 3 | ||||||
18 | criteria must be met: (1) deficits in intellectual functions | ||||||
19 | such as reasoning, problem solving, planning, abstract | ||||||
20 | thinking, judgment, academic learning, and learning from | ||||||
21 | experience confirmed by both clinical assessment and | ||||||
22 | individualized, standardized intelligence testing (generally | ||||||
23 | indicated with an IQ score of about 70 or below), (2) deficits | ||||||
24 | in adaptive functioning that result in failure to meet | ||||||
25 | developmental and sociocultural standards for personal |
| |||||||
| |||||||
1 | independence and social responsibility. Without ongoing | ||||||
2 | support, the adaptive deficits limit functioning in one or | ||||||
3 | more activities of daily life, such as communication, social | ||||||
4 | participation, and independent living, across multiple | ||||||
5 | environments, such as home, school, work, and community, and | ||||||
6 | (3) onset of intellectual and adaptive deficits during the | ||||||
7 | developmental period. This definition does not supersede the | ||||||
8 | "intellectual disability" definition in Section 1.1 of the | ||||||
9 | Firearm Owners Identification Card Act which is required to be | ||||||
10 | applied under that Act for the purpose of mandatory reporting. | ||||||
11 | (Source: P.A. 102-972, eff. 1-1-23 .) | ||||||
12 | (405 ILCS 5/6-103.1) | ||||||
13 | Sec. 6-103.1. Adjudication as a person with a mental | ||||||
14 | disability. When a person has been adjudicated as a person | ||||||
15 | with a mental disability as defined in Section 1.1 of the | ||||||
16 | Firearm Owners Identification Card Act , including, but not | ||||||
17 | limited to, an adjudication as a person with a disability as | ||||||
18 | defined in Section 11a-2 of the Probate Act of 1975, the court | ||||||
19 | shall direct the circuit court clerk to notify the Illinois | ||||||
20 | State Police , Firearm Owner's Identification (FOID) Office , in | ||||||
21 | a form and manner prescribed by the Illinois State Police, and | ||||||
22 | shall forward a copy of the court order to the Department no | ||||||
23 | later than 7 days after the entry of the order. Upon receipt of | ||||||
24 | the order, the Illinois State Police shall provide | ||||||
25 | notification to the National Instant Criminal Background Check |
| |||||||
| |||||||
1 | System. In this Section, "has been adjudicated as a mentally | ||||||
2 | disabled person" means the person is the subject of a | ||||||
3 | determination by a court, board, commission, or other lawful | ||||||
4 | authority that the person, as a result of marked subnormal | ||||||
5 | intelligence, or mental illness, mental impairment, | ||||||
6 | incompetency, condition, or disease: | ||||||
7 | (1) presents a clear and present danger to himself, | ||||||
8 | herself, or to others; | ||||||
9 | (2) lacks the mental capacity to manage his or her own | ||||||
10 | affairs or is adjudicated a disabled person as defined in | ||||||
11 | Section 11a-2 of the Probate Act of 1975; | ||||||
12 | (3) is not guilty in a criminal case by reason of | ||||||
13 | insanity, mental disease or defect; | ||||||
14 | (3.5) is guilty but mentally ill, as provided in | ||||||
15 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
16 | (4) is unfit to stand trial in a criminal case; | ||||||
17 | (5) is not guilty by reason of lack of mental | ||||||
18 | responsibility under Articles 50a and 72b of the Uniform | ||||||
19 | Code of Military Justice, 10 U.S.C. 850a, 876b; | ||||||
20 | (6) is a sexually violent person under subsection (f) | ||||||
21 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
22 | Act; | ||||||
23 | (7) is a sexually dangerous person under the Sexually | ||||||
24 | Dangerous Persons Act; | ||||||
25 | (8) is unfit to stand trial under the Juvenile Court | ||||||
26 | Act of 1987; |
| |||||||
| |||||||
1 | (9) is not guilty by reason of insanity under the | ||||||
2 | Juvenile Court Act of 1987; | ||||||
3 | (10) is a person subject to involuntary admission on | ||||||
4 | an inpatient basis as defined in Section 1-119 of the | ||||||
5 | Mental Health and Developmental Disabilities Code; | ||||||
6 | (11) is a person subject to involuntary admission on | ||||||
7 | an outpatient basis as defined in Section 1-119.1 of the | ||||||
8 | Mental Health and Developmental Disabilities Code; | ||||||
9 | (12) is subject to judicial admission as set forth in | ||||||
10 | Section 4-500 of the Mental Health and Developmental | ||||||
11 | Disabilities Code; or | ||||||
12 | (13) is subject to the provisions of the Interstate | ||||||
13 | Agreements on Sexually Dangerous Persons Act. | ||||||
14 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
15 | (405 ILCS 5/6-103.2) | ||||||
16 | Sec. 6-103.2. Developmental disability; notice. If a | ||||||
17 | person 14 years old or older is determined to be a person with | ||||||
18 | a developmental disability by a physician, clinical | ||||||
19 | psychologist, or qualified examiner, the physician, clinical | ||||||
20 | psychologist, or qualified examiner shall notify the | ||||||
21 | Department of Human Services within 7 days of making the | ||||||
22 | determination that the person has a developmental disability. | ||||||
23 | The Department of Human Services shall immediately update its | ||||||
24 | records and information relating to mental health and | ||||||
25 | developmental disabilities, and if appropriate, shall notify |
| |||||||
| |||||||
1 | the Illinois State Police in a form and manner prescribed by | ||||||
2 | the Illinois State Police. Information disclosed under this | ||||||
3 | Section shall remain privileged and confidential, and shall | ||||||
4 | not be redisclosed, except as required under paragraph (2) of | ||||||
5 | subsection (e) of Section 24-4.5 of the Criminal Code of 2012 | ||||||
6 | subsection (e) of Section 3.1 of the Firearm Owners | ||||||
7 | Identification Card Act , nor used for any other purpose. The | ||||||
8 | method of providing this information shall guarantee that the | ||||||
9 | information is not released beyond that which is necessary for | ||||||
10 | the purpose of this Section and shall be provided by rule by | ||||||
11 | the Department of Human Services. The identity of the person | ||||||
12 | reporting under this Section shall not be disclosed to the | ||||||
13 | subject of the report. | ||||||
14 | The physician, clinical psychologist, or qualified | ||||||
15 | examiner making the determination and his or her employer may | ||||||
16 | not be held criminally, civilly, or professionally liable for | ||||||
17 | making or not making the notification required under this | ||||||
18 | Section, except for willful or wanton misconduct. | ||||||
19 | In this Section, "developmentally disabled" has the | ||||||
20 | meaning ascribed to it in Section 12 of the Mental Health and | ||||||
21 | Developmental Disabilities Confidentiality Act. | ||||||
22 | In For purposes of this Section, "developmental | ||||||
23 | disability" means a disability which is attributable to any | ||||||
24 | other condition which results in impairment similar to that | ||||||
25 | caused by an intellectual disability and which requires | ||||||
26 | services similar to those required by intellectually disabled |
| |||||||
| |||||||
1 | persons. The disability must originate before the age of 18 | ||||||
2 | years, be expected to continue indefinitely, and constitute a | ||||||
3 | substantial disability. This disability results, in the | ||||||
4 | professional opinion of a physician, clinical psychologist, or | ||||||
5 | qualified examiner, in significant functional limitations in 3 | ||||||
6 | or more of the following areas of major life activity: | ||||||
7 | (i) self-care; | ||||||
8 | (ii) receptive and expressive language; | ||||||
9 | (iii) learning; | ||||||
10 | (iv) mobility; or | ||||||
11 | (v) self-direction. | ||||||
12 | "Determined to be a person with a developmental disability | ||||||
13 | by a physician, clinical psychologist, or qualified examiner" | ||||||
14 | means in the professional opinion of the physician, clinical | ||||||
15 | psychologist, or qualified examiner, a person is diagnosed, | ||||||
16 | assessed, or evaluated as having a developmental disability. | ||||||
17 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
18 | (405 ILCS 5/6-103.3) | ||||||
19 | Sec. 6-103.3. Clear and present danger; notice. If a | ||||||
20 | person is determined to pose a clear and present danger to | ||||||
21 | himself, herself, or to others by a physician, clinical | ||||||
22 | psychologist, or qualified examiner, whether employed by the | ||||||
23 | State, by any public or private mental health facility or part | ||||||
24 | thereof, or by a law enforcement official or a school | ||||||
25 | administrator, then the physician, clinical psychologist, |
| |||||||
| |||||||
1 | qualified examiner shall notify the Department of Human | ||||||
2 | Services and a law enforcement official or school | ||||||
3 | administrator shall notify the Illinois State Police, within | ||||||
4 | 24 hours of making the determination that the person poses a | ||||||
5 | clear and present danger. The Department of Human Services | ||||||
6 | shall immediately update its records and information relating | ||||||
7 | to mental health and developmental disabilities, and if | ||||||
8 | appropriate, shall notify the Illinois State Police in a form | ||||||
9 | and manner prescribed by the Illinois State Police. | ||||||
10 | Information disclosed under this Section shall remain | ||||||
11 | privileged and confidential, and shall not be redisclosed, | ||||||
12 | except as required under paragraph (2) of subsection (e) of | ||||||
13 | Section 24-4.5 of the Criminal Code of 2012 subsection (e) of | ||||||
14 | Section 3.1 of the Firearm Owners Identification Card Act , nor | ||||||
15 | used for any other purpose. The method of providing this | ||||||
16 | information shall guarantee that the information is not | ||||||
17 | released beyond that which is necessary for the purpose of | ||||||
18 | this Section and shall be provided by rule by the Department of | ||||||
19 | Human Services. The identity of the person reporting under | ||||||
20 | this Section shall not be disclosed to the subject of the | ||||||
21 | report. The physician, clinical psychologist, qualified | ||||||
22 | examiner, law enforcement official, or school administrator | ||||||
23 | making the determination and his or her employer shall not be | ||||||
24 | held criminally, civilly, or professionally liable for making | ||||||
25 | or not making the notification required under this Section, | ||||||
26 | except for willful or wanton misconduct. This Section does not |
| |||||||
| |||||||
1 | apply to a law enforcement official, if making the | ||||||
2 | notification under this Section will interfere with an ongoing | ||||||
3 | or pending criminal investigation. | ||||||
4 | In For the purposes of this Section: | ||||||
5 | "Clear and present danger" means a person who: | ||||||
6 | (1) communicates a serious threat of physical | ||||||
7 | violence against a reasonably identifiable victim or | ||||||
8 | poses a clear and imminent risk of serious physical | ||||||
9 | injury to himself, herself, or another person as | ||||||
10 | determined by a physician, clinical psychologist, or | ||||||
11 | qualified examiner; or | ||||||
12 | (2) demonstrates threatening physical or verbal | ||||||
13 | behavior, such as violent, suicidal, or assaultive | ||||||
14 | threats, actions, or other behavior, as determined by | ||||||
15 | a physician, clinical psychologist, qualified | ||||||
16 | examiner, school administrator, or law enforcement | ||||||
17 | official. | ||||||
18 | "Physician", "clinical psychologist", and "qualified | ||||||
19 | examiner" have the meanings ascribed to them in the Mental | ||||||
20 | Health and Developmental Disabilities Code has the meaning | ||||||
21 | ascribed to it in Section 1.1 of the Firearm Owners | ||||||
22 | Identification Card Act . | ||||||
23 | "Determined to pose a clear and present danger to | ||||||
24 | himself, herself, or to others by a physician, clinical | ||||||
25 | psychologist, or qualified examiner" means in the | ||||||
26 | professional opinion of the physician, clinical |
| |||||||
| |||||||
1 | psychologist, or qualified examiner, a person poses a | ||||||
2 | clear and present danger. | ||||||
3 | "School administrator" means the person required to | ||||||
4 | report under the School Administrator Reporting of Mental | ||||||
5 | Health Clear and Present Danger Determinations Law. | ||||||
6 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
7 | Section 125. The Lead Poisoning Prevention Act is amended | ||||||
8 | by changing Section 2 as follows: | ||||||
9 | (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302) | ||||||
10 | Sec. 2. Definitions. As used in this Act: | ||||||
11 | "Child care facility" means any structure used by a child | ||||||
12 | care provider licensed by the Department of Children and | ||||||
13 | Family Services or public or private school structure | ||||||
14 | frequented by children 6 years of age or younger. | ||||||
15 | "Childhood Lead Risk Questionnaire" means the | ||||||
16 | questionnaire developed by the Department for use by | ||||||
17 | physicians and other health care providers to determine risk | ||||||
18 | factors for children 6 years of age or younger residing in | ||||||
19 | areas designated as low risk for lead exposure. | ||||||
20 | "Delegate agency" means a unit of local government or | ||||||
21 | health department approved by the Department to carry out the | ||||||
22 | provisions of this Act. | ||||||
23 | "Department" means the Department of Public Health. | ||||||
24 | "Director" means the Director of Public Health. |
| |||||||
| |||||||
1 | "Dwelling unit" means an individual unit within a | ||||||
2 | residential building used as living quarters for one | ||||||
3 | household. | ||||||
4 | "Elevated blood lead level" means a blood lead level in | ||||||
5 | excess of the limits established under State rules. | ||||||
6 | "Exposed surface" means any interior or exterior surface | ||||||
7 | of a regulated facility. | ||||||
8 | "High risk area" means an area in the State determined by | ||||||
9 | the Department to be high risk for lead exposure for children 6 | ||||||
10 | years of age or younger. The Department may consider, but is | ||||||
11 | not limited to, the following factors to determine a high risk | ||||||
12 | area: age and condition (using Department of Housing and Urban | ||||||
13 | Development definitions of "slum" and "blighted") of housing, | ||||||
14 | proximity to highway traffic or heavy local traffic or both, | ||||||
15 | percentage of housing determined as rental or vacant, | ||||||
16 | proximity to industry using lead, established incidence of | ||||||
17 | elevated blood lead levels in children, percentage of | ||||||
18 | population living below 200% of federal poverty guidelines, | ||||||
19 | and number of children residing in the area who are 6 years of | ||||||
20 | age or younger. | ||||||
21 | "Lead abatement" means any approved work practices that | ||||||
22 | will permanently eliminate lead exposure or remove the | ||||||
23 | lead-bearing substances in a regulated facility. The | ||||||
24 | Department shall establish by rule which work practices are | ||||||
25 | approved or prohibited for lead abatement. | ||||||
26 | "Lead abatement contractor" means any person or entity |
| |||||||
| |||||||
1 | licensed by the Department to perform lead abatement and | ||||||
2 | mitigation. | ||||||
3 | "Lead abatement supervisor" means any person employed by a | ||||||
4 | lead abatement contractor and licensed by the Department to | ||||||
5 | perform lead abatement and lead mitigation and to supervise | ||||||
6 | lead workers who perform lead abatement and lead mitigation. | ||||||
7 | "Lead abatement worker" means any person employed by a | ||||||
8 | lead abatement contractor and licensed by the Department to | ||||||
9 | perform lead abatement and mitigation. | ||||||
10 | "Lead activities" means the conduct of any lead services, | ||||||
11 | including, lead inspection, lead risk assessment, lead | ||||||
12 | mitigation, or lead abatement work or supervision in a | ||||||
13 | regulated facility. | ||||||
14 | "Lead-bearing substance" means any item containing or | ||||||
15 | coated with lead such that the lead content is more than | ||||||
16 | six-hundredths of one percent (0.06%) lead by total weight; or | ||||||
17 | any dust on surfaces or in furniture or other nonpermanent | ||||||
18 | elements of the regulated facility; or any paint or other | ||||||
19 | surface coating material containing more than five-tenths of | ||||||
20 | one percent (0.5%) lead by total weight (calculated as lead | ||||||
21 | metal) in the total non-volatile content of liquid paint; or | ||||||
22 | lead-bearing substances containing greater than one milligram | ||||||
23 | per square centimeter or any lower standard for lead content | ||||||
24 | in residential paint as may be established by federal law or | ||||||
25 | rule; or more than 1 milligram per square centimeter in the | ||||||
26 | dried film of paint or previously applied substance; or item |
| |||||||
| |||||||
1 | or dust on item containing lead in excess of the amount | ||||||
2 | specified in the rules authorized by this Act or a lower | ||||||
3 | standard for lead content as may be established by federal law | ||||||
4 | or rule. "Lead-bearing substance" does not include firearm | ||||||
5 | ammunition or components as defined by Section 2-7.1 of the | ||||||
6 | Criminal Code of 2012 the Firearm Owners Identification Card | ||||||
7 | Act . | ||||||
8 | "Lead hazard" means a lead-bearing substance that poses an | ||||||
9 | immediate health hazard to humans. | ||||||
10 | "Lead hazard screen" means a lead risk assessment that | ||||||
11 | involves limited dust and paint sampling for lead-bearing | ||||||
12 | substances and lead hazards. This service is used as a | ||||||
13 | screening tool designed to determine if further lead | ||||||
14 | investigative services are required for the regulated | ||||||
15 | facility. | ||||||
16 | "Lead inspection" means a surface-by-surface investigation | ||||||
17 | to determine the presence of lead-based paint. | ||||||
18 | "Lead inspector" means an individual who has been trained | ||||||
19 | by a Department-approved training program and is licensed by | ||||||
20 | the Department to conduct lead inspections; to sample for the | ||||||
21 | presence of lead in paint, dust, soil, and water; and to | ||||||
22 | conduct compliance investigations. | ||||||
23 | "Lead mitigation" means the remediation, in a manner | ||||||
24 | described in Section 9, of a lead hazard so that the | ||||||
25 | lead-bearing substance does not pose an immediate health | ||||||
26 | hazard to humans. |
| |||||||
| |||||||
1 | "Lead poisoning" means having an elevated blood lead | ||||||
2 | level. | ||||||
3 | "Lead risk assessment" means an on-site investigation to | ||||||
4 | determine the existence, nature, severity, and location of | ||||||
5 | lead hazards. "Lead risk assessment" includes any lead | ||||||
6 | sampling and visual assessment associated with conducting a | ||||||
7 | lead risk assessment and lead hazard screen and all lead | ||||||
8 | sampling associated with compliance investigations. | ||||||
9 | "Lead risk assessor" means an individual who has been | ||||||
10 | trained by a Department-approved training program and is | ||||||
11 | licensed by the Department to conduct lead risk assessments, | ||||||
12 | lead inspections, and lead hazard screens; to sample for the | ||||||
13 | presence of lead in paint, dust, soil, water, and sources for | ||||||
14 | lead-bearing substances; and to conduct compliance | ||||||
15 | investigations. | ||||||
16 | "Lead training program provider" means any person | ||||||
17 | providing Department-approved lead training in Illinois to | ||||||
18 | individuals seeking licensure in accordance with the Act. | ||||||
19 | "Low risk area" means an area in the State determined by | ||||||
20 | the Department to be low risk for lead exposure for children 6 | ||||||
21 | years of age or younger. The Department may consider the | ||||||
22 | factors named in "high risk area" to determine low risk areas. | ||||||
23 | "Owner" means any person, who alone, jointly, or severally | ||||||
24 | with others: | ||||||
25 | (a) Has legal title to any regulated facility, with or | ||||||
26 | without actual possession of the regulated facility, or |
| |||||||
| |||||||
1 | (b) Has charge, care, or control of the regulated | ||||||
2 | facility as owner or agent of the owner, or as executor, | ||||||
3 | administrator, trustee, or guardian of the estate of the | ||||||
4 | owner. | ||||||
5 | "Person" means any individual, partnership, firm, company, | ||||||
6 | limited liability company, corporation, association, joint | ||||||
7 | stock company, trust, estate, political subdivision, State | ||||||
8 | agency, or any other legal entity, or their legal | ||||||
9 | representative, agent, or assign. | ||||||
10 | "Regulated facility" means a residential building or child | ||||||
11 | care facility. | ||||||
12 | "Residential building" means any room, group of rooms, or | ||||||
13 | other interior areas of a structure designed or used for human | ||||||
14 | habitation; common areas accessible by inhabitants; and the | ||||||
15 | surrounding property or structures. | ||||||
16 | (Source: P.A. 100-723, eff. 1-1-19 .) | ||||||
17 | (430 ILCS 65/Act rep.) | ||||||
18 | Section 130. The Firearm Owners Identification Card Act is | ||||||
19 | repealed. | ||||||
20 | Section 135. The Firearm Concealed Carry Act is amended by | ||||||
21 | changing Sections 25, 30, 40, 66, 70, 80, and 105 as follows: | ||||||
22 | (430 ILCS 66/25) | ||||||
23 | Sec. 25. Qualifications for a license. |
| |||||||
| |||||||
1 | The Illinois State Police shall issue a license to an | ||||||
2 | applicant completing an application in accordance with Section | ||||||
3 | 30 of this Act if the person: | ||||||
4 | (1) is at least 21 years of age; | ||||||
5 | (2) has a currently valid Firearm Owner's | ||||||
6 | Identification Card and at the time of application meets | ||||||
7 | the requirements for the issuance of a Firearm Owner's | ||||||
8 | Identification Card and is not prohibited under State the | ||||||
9 | Firearm Owners Identification Card Act or federal law from | ||||||
10 | possessing or receiving a firearm; | ||||||
11 | (3) has not been convicted or found guilty in this | ||||||
12 | State or in any other state of: | ||||||
13 | (A) a misdemeanor involving the use or threat of | ||||||
14 | physical force or violence to any person within the 5 | ||||||
15 | years preceding the date of the license application; | ||||||
16 | or | ||||||
17 | (B) 2 or more violations related to driving while | ||||||
18 | under the influence of alcohol, other drug or drugs, | ||||||
19 | intoxicating compound or compounds, or any combination | ||||||
20 | thereof, within the 5 years preceding the date of the | ||||||
21 | license application; | ||||||
22 | (4) is not the subject of a pending arrest warrant, | ||||||
23 | prosecution, or proceeding for an offense or action that | ||||||
24 | could lead to disqualification to own or possess a | ||||||
25 | firearm; | ||||||
26 | (5) has not been in residential or court-ordered |
| |||||||
| |||||||
1 | treatment for alcoholism, alcohol detoxification, or drug | ||||||
2 | treatment within the 5 years immediately preceding the | ||||||
3 | date of the license application; and | ||||||
4 | (6) has completed firearms training and any education | ||||||
5 | component required under Section 75 of this Act. | ||||||
6 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
7 | (430 ILCS 66/30) | ||||||
8 | Sec. 30. Contents of license application. | ||||||
9 | (a) The license application shall be in writing, under | ||||||
10 | penalty of perjury, on a standard form adopted by the Illinois | ||||||
11 | State Police and shall be accompanied by the documentation | ||||||
12 | required in this Section and the applicable fee. Each | ||||||
13 | application form shall include the following statement printed | ||||||
14 | in bold type: "Warning: Entering false information on this | ||||||
15 | form is punishable as perjury under Section 32-2 of the | ||||||
16 | Criminal Code of 2012." | ||||||
17 | (b) The application shall contain the following: | ||||||
18 | (1) the applicant's name, current address, date and | ||||||
19 | year of birth, place of birth, height, weight, hair color, | ||||||
20 | eye color, maiden name or any other name the applicant has | ||||||
21 | used or identified with, and any address where the | ||||||
22 | applicant resided for more than 30 days within the 10 | ||||||
23 | years preceding the date of the license application; | ||||||
24 | (2) the applicant's valid driver's license number or | ||||||
25 | valid state identification card number; |
| |||||||
| |||||||
1 | (3) a waiver of the applicant's privacy and | ||||||
2 | confidentiality rights and privileges under all federal | ||||||
3 | and state laws, including those limiting access to | ||||||
4 | juvenile court, criminal justice, psychological, or | ||||||
5 | psychiatric records or records relating to any | ||||||
6 | institutionalization of the applicant, and an affirmative | ||||||
7 | request that a person having custody of any of these | ||||||
8 | records provide it or information concerning it to the | ||||||
9 | Illinois State Police. The waiver only applies to records | ||||||
10 | sought in connection with determining whether the | ||||||
11 | applicant qualifies for a license to carry a concealed | ||||||
12 | firearm under this Act , or whether the applicant remains | ||||||
13 | in compliance with the Firearm Owners Identification Card | ||||||
14 | Act ; | ||||||
15 | (4) an affirmation that the applicant is not | ||||||
16 | prohibited under State or federal law from possessing or | ||||||
17 | receiving a firearm possesses a currently valid Firearm | ||||||
18 | Owner's Identification Card and card number if possessed | ||||||
19 | or notice the applicant is applying for a Firearm Owner's | ||||||
20 | Identification Card in conjunction with the license | ||||||
21 | application ; | ||||||
22 | (5) an affirmation that the applicant has not been | ||||||
23 | convicted or found guilty of: | ||||||
24 | (A) a felony; | ||||||
25 | (B) a misdemeanor involving the use or threat of | ||||||
26 | physical force or violence to any person within the 5 |
| |||||||
| |||||||
1 | years preceding the date of the application; or | ||||||
2 | (C) 2 or more violations related to driving while | ||||||
3 | under the influence of alcohol, other drug or drugs, | ||||||
4 | intoxicating compound or compounds, or any combination | ||||||
5 | thereof, within the 5 years preceding the date of the | ||||||
6 | license application; | ||||||
7 | (6) whether the applicant has failed a drug test for a | ||||||
8 | drug for which the applicant did not have a prescription, | ||||||
9 | within the previous year, and if so, the provider of the | ||||||
10 | test, the specific substance involved, and the date of the | ||||||
11 | test; | ||||||
12 | (7) written consent for the Illinois State Police to | ||||||
13 | review and use the applicant's Illinois digital driver's | ||||||
14 | license or Illinois identification card photograph and | ||||||
15 | signature; | ||||||
16 | (8) unless submitted under subsection (a-25) of | ||||||
17 | Section 4 of the Firearm Owners Identification Card Act, a | ||||||
18 | full set of fingerprints submitted to the Illinois State | ||||||
19 | Police in electronic format, provided the Illinois State | ||||||
20 | Police may accept an application submitted without a set | ||||||
21 | of fingerprints, in which case the Illinois State Police | ||||||
22 | shall be granted 30 days in addition to the 90 days | ||||||
23 | provided under subsection (e) of Section 10 of this Act to | ||||||
24 | issue or deny a license; | ||||||
25 | (9) a head and shoulder color photograph in a size | ||||||
26 | specified by the Illinois State Police taken within the 30 |
| |||||||
| |||||||
1 | days preceding the date of the license application; and | ||||||
2 | (10) a photocopy of any certificates or other evidence | ||||||
3 | of compliance with the training requirements under this | ||||||
4 | Act. | ||||||
5 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
6 | 102-813, eff. 5-13-22.) | ||||||
7 | (430 ILCS 66/40) | ||||||
8 | Sec. 40. Non-resident license applications. | ||||||
9 | (a) For the purposes of this Section, "non-resident" means | ||||||
10 | a person who has not resided within this State for more than 30 | ||||||
11 | days and resides in another state or territory. | ||||||
12 | (b) The Illinois State Police shall by rule allow for | ||||||
13 | non-resident license applications from any state or territory | ||||||
14 | of the United States with laws related to firearm ownership, | ||||||
15 | possession, and carrying, that are substantially similar to | ||||||
16 | the requirements to obtain a license under this Act. | ||||||
17 | (c) A resident of a state or territory approved by the | ||||||
18 | Illinois State Police under subsection (b) of this Section may | ||||||
19 | apply for a non-resident license. The applicant shall apply to | ||||||
20 | the Illinois State Police and must meet all of the | ||||||
21 | qualifications established in Section 25 of this Act , except | ||||||
22 | for the Illinois residency requirement in item (xiv) of | ||||||
23 | paragraph (2) of subsection (a) of Section 4 of the Firearm | ||||||
24 | Owners Identification Card Act . The applicant shall submit: | ||||||
25 | (1) the application and documentation required under |
| |||||||
| |||||||
1 | Section 30 of this Act and the applicable fee; | ||||||
2 | (2) a notarized document stating that the applicant: | ||||||
3 | (A) is eligible under federal law and the laws of | ||||||
4 | his or her state or territory of residence to own or | ||||||
5 | possess a firearm; | ||||||
6 | (B) if applicable, has a license or permit to | ||||||
7 | carry a firearm or concealed firearm issued by his or | ||||||
8 | her state or territory of residence and attach a copy | ||||||
9 | of the license or permit to the application; | ||||||
10 | (C) understands Illinois laws pertaining to the | ||||||
11 | possession and transport of firearms; and | ||||||
12 | (D) acknowledges that the applicant is subject to | ||||||
13 | the jurisdiction of the Illinois State Police and | ||||||
14 | Illinois courts for any violation of this Act; | ||||||
15 | (3) a photocopy of any certificates or other evidence | ||||||
16 | of compliance with the training requirements under Section | ||||||
17 | 75 of this Act; and | ||||||
18 | (4) a head and shoulder color photograph in a size | ||||||
19 | specified by the Illinois State Police taken within the 30 | ||||||
20 | days preceding the date of the application. | ||||||
21 | (d) In lieu of an Illinois driver's license or Illinois | ||||||
22 | identification card, a non-resident applicant shall provide | ||||||
23 | similar documentation from his or her state or territory of | ||||||
24 | residence. The applicant shall submit In lieu of a valid | ||||||
25 | Firearm Owner's Identification Card, the applicant shall | ||||||
26 | submit documentation and information required by the Illinois |
| |||||||
| |||||||
1 | State Police to obtain a Firearm Owner's Identification Card, | ||||||
2 | including an affidavit that the non-resident meets the mental | ||||||
3 | health standards to obtain a firearm under Illinois law, and | ||||||
4 | the Illinois State Police shall ensure that the applicant | ||||||
5 | would meet the eligibility criteria under State law to possess | ||||||
6 | a firearm to obtain a Firearm Owner's Identification card if | ||||||
7 | he or she was a resident of this State. | ||||||
8 | (e) Nothing in this Act shall prohibit a non-resident from | ||||||
9 | transporting a concealed firearm within his or her vehicle in | ||||||
10 | Illinois, if the concealed firearm remains within his or her | ||||||
11 | vehicle and the non-resident: | ||||||
12 | (1) is not prohibited from owning or possessing a | ||||||
13 | firearm under federal law; | ||||||
14 | (2) is eligible to carry a firearm in public under the | ||||||
15 | laws of his or her state or territory of residence, as | ||||||
16 | evidenced by the possession of a concealed carry license | ||||||
17 | or permit issued by his or her state of residence, if | ||||||
18 | applicable; and | ||||||
19 | (3) is not in possession of a license under this Act. | ||||||
20 | If the non-resident leaves his or her vehicle unattended, | ||||||
21 | he or she shall store the firearm within a locked vehicle or | ||||||
22 | locked container within the vehicle in accordance with | ||||||
23 | subsection (b) of Section 65 of this Act. | ||||||
24 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
25 | (430 ILCS 66/66) |
| |||||||
| |||||||
1 | Sec. 66. Illinois State Police to monitor databases for | ||||||
2 | firearms prohibitors. The Illinois State Police shall | ||||||
3 | continuously monitor relevant State and federal databases for | ||||||
4 | firearms prohibitors and correlate those records with | ||||||
5 | concealed carry license holders to ensure compliance with this | ||||||
6 | Act and any other State and federal laws. As used in this | ||||||
7 | Section, "firearms prohibitor" means any factor listed in | ||||||
8 | Section 8 or Section 8.2 of the Firearm Owners Identification | ||||||
9 | Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012 | ||||||
10 | that prohibits a person from transferring or possessing a | ||||||
11 | firearm, firearm ammunition, Firearm Owner's Identification | ||||||
12 | Card, or concealed carry license. | ||||||
13 | (Source: P.A. 102-237, eff. 1-1-22 .) | ||||||
14 | (430 ILCS 66/70) | ||||||
15 | Sec. 70. Violations. | ||||||
16 | (a) A license issued or renewed under this Act shall be | ||||||
17 | revoked if, at any time, the licensee is found to be ineligible | ||||||
18 | for a license under this Act or the licensee is prohibited from | ||||||
19 | possessing a firearm under State or federal law no longer | ||||||
20 | meets the eligibility requirements of the Firearm Owners | ||||||
21 | Identification Card Act . | ||||||
22 | (b) A license shall be suspended if an order of | ||||||
23 | protection, including an emergency order of protection, | ||||||
24 | plenary order of protection, or interim order of protection | ||||||
25 | under Article 112A of the Code of Criminal Procedure of 1963 or |
| |||||||
| |||||||
1 | under the Illinois Domestic Violence Act of 1986, or if a | ||||||
2 | firearms restraining order, including an emergency firearms | ||||||
3 | restraining order, under the Firearms Restraining Order Act, | ||||||
4 | is issued against a licensee for the duration of the order, or | ||||||
5 | if the Illinois State Police is made aware of a similar order | ||||||
6 | issued against the licensee in any other jurisdiction. If an | ||||||
7 | order of protection is issued against a licensee, the licensee | ||||||
8 | shall surrender the license, as applicable, to the court at | ||||||
9 | the time the order is entered or to the law enforcement agency | ||||||
10 | or entity serving process at the time the licensee is served | ||||||
11 | the order. The court, law enforcement agency, or entity | ||||||
12 | responsible for serving the order of protection shall notify | ||||||
13 | the Illinois State Police within 7 days and transmit the | ||||||
14 | license to the Illinois State Police. | ||||||
15 | (c) A license is invalid upon expiration of the license, | ||||||
16 | unless the licensee has submitted an application to renew the | ||||||
17 | license, and the applicant is otherwise eligible to possess a | ||||||
18 | license under this Act. | ||||||
19 | (d) A licensee shall not carry a concealed firearm while | ||||||
20 | under the influence of alcohol, other drug or drugs, | ||||||
21 | intoxicating compound or combination of compounds, or any | ||||||
22 | combination thereof, under the standards set forth in | ||||||
23 | subsection (a) of Section 11-501 of the Illinois Vehicle Code. | ||||||
24 | A licensee in violation of this subsection (d) shall be | ||||||
25 | guilty of a Class A misdemeanor for a first or second violation | ||||||
26 | and a Class 4 felony for a third violation. The Illinois State |
| |||||||
| |||||||
1 | Police may suspend a license for up to 6 months for a second | ||||||
2 | violation and shall permanently revoke a license for a third | ||||||
3 | violation. | ||||||
4 | (e) Except as otherwise provided, a licensee in violation | ||||||
5 | of this Act shall be guilty of a Class B misdemeanor. A second | ||||||
6 | or subsequent violation is a Class A misdemeanor. The Illinois | ||||||
7 | State Police may suspend a license for up to 6 months for a | ||||||
8 | second violation and shall permanently revoke a license for 3 | ||||||
9 | or more violations of Section 65 of this Act. Any person | ||||||
10 | convicted of a violation under this Section shall pay a $150 | ||||||
11 | fee to be deposited into the Mental Health Reporting Fund, | ||||||
12 | plus any applicable court costs or fees. | ||||||
13 | (f) A licensee convicted or found guilty of a violation of | ||||||
14 | this Act who has a valid license and is otherwise eligible to | ||||||
15 | carry a concealed firearm shall only be subject to the | ||||||
16 | penalties under this Section and shall not be subject to the | ||||||
17 | penalties under Section 21-6, paragraph (4), (8), or (10) of | ||||||
18 | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) | ||||||
19 | of paragraph (3) of subsection (a) of Section 24-1.6 of the | ||||||
20 | Criminal Code of 2012. Except as otherwise provided in this | ||||||
21 | subsection, nothing in this subsection prohibits the licensee | ||||||
22 | from being subjected to penalties for violations other than | ||||||
23 | those specified in this Act. | ||||||
24 | (g) A licensee whose license is revoked, suspended, or | ||||||
25 | denied shall, within 48 hours of receiving notice of the | ||||||
26 | revocation, suspension, or denial, surrender his or her |
| |||||||
| |||||||
1 | concealed carry license to the local law enforcement agency | ||||||
2 | where the person resides. The local law enforcement agency | ||||||
3 | shall provide the licensee a receipt and transmit the | ||||||
4 | concealed carry license to the Illinois State Police. If the | ||||||
5 | licensee whose concealed carry license has been revoked, | ||||||
6 | suspended, or denied fails to comply with the requirements of | ||||||
7 | this subsection, the law enforcement agency where the person | ||||||
8 | resides may petition the circuit court to issue a warrant to | ||||||
9 | search for and seize the concealed carry license in the | ||||||
10 | possession and under the custody or control of the licensee | ||||||
11 | whose concealed carry license has been revoked, suspended, or | ||||||
12 | denied. The observation of a concealed carry license in the | ||||||
13 | possession of a person whose license has been revoked, | ||||||
14 | suspended, or denied constitutes a sufficient basis for the | ||||||
15 | arrest of that person for violation of this subsection. A | ||||||
16 | violation of this subsection is a Class A misdemeanor. | ||||||
17 | (h) (Blank). Except as otherwise provided in subsection | ||||||
18 | (h-5), a license issued or renewed under this Act shall be | ||||||
19 | revoked if, at any time, the licensee is found ineligible for a | ||||||
20 | Firearm Owner's Identification Card, or the licensee no longer | ||||||
21 | possesses a valid Firearm Owner's Identification Card. If the | ||||||
22 | Firearm Owner's Identification Card is expired or suspended | ||||||
23 | rather than denied or revoked, the license may be suspended | ||||||
24 | for a period of up to one year to allow the licensee to | ||||||
25 | reinstate his or her Firearm Owner's Identification Card. The | ||||||
26 | Illinois State Police shall adopt rules to enforce this |
| |||||||
| |||||||
1 | subsection. A licensee whose license is revoked under this | ||||||
2 | subsection (h) shall surrender his or her concealed carry | ||||||
3 | license as provided for in subsection (g) of this Section. | ||||||
4 | This subsection shall not apply to a person who has filed | ||||||
5 | an application with the Illinois State Police for renewal of a | ||||||
6 | Firearm Owner's Identification Card and who is not otherwise | ||||||
7 | ineligible to obtain a Firearm Owner's Identification Card. | ||||||
8 | (h-5) (Blank). If the Firearm Owner's Identification Card | ||||||
9 | of a licensee under this Act expires during the term of the | ||||||
10 | license issued under this Act, the license and the Firearm | ||||||
11 | Owner's Identification Card remain valid, and the Illinois | ||||||
12 | State Police may automatically renew the licensee's Firearm | ||||||
13 | Owner's Identification Card as provided in subsection (c) of | ||||||
14 | Section 5 of the Firearm Owners Identification Card Act. | ||||||
15 | (i) A certified firearms instructor who knowingly provides | ||||||
16 | or offers to provide a false certification that an applicant | ||||||
17 | has completed firearms training as required under this Act is | ||||||
18 | guilty of a Class A misdemeanor. A person guilty of a violation | ||||||
19 | of this subsection (i) is not eligible for court supervision. | ||||||
20 | The Illinois State Police shall permanently revoke the | ||||||
21 | firearms instructor certification of a person convicted under | ||||||
22 | this subsection (i). | ||||||
23 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
24 | 102-813, eff. 5-13-22.) | ||||||
25 | (430 ILCS 66/80) |
| |||||||
| |||||||
1 | Sec. 80. Certified firearms instructors. | ||||||
2 | (a) Within 60 days of the effective date of this Act, the | ||||||
3 | Illinois State Police shall begin approval of certified | ||||||
4 | firearms instructors and enter certified firearms instructors | ||||||
5 | into an online registry on the Illinois State Police's | ||||||
6 | website. | ||||||
7 | (b) A person who is not a certified firearms instructor | ||||||
8 | shall not teach applicant training courses or advertise or | ||||||
9 | otherwise represent courses they teach as qualifying their | ||||||
10 | students to meet the requirements to receive a license under | ||||||
11 | this Act. Each violation of this subsection is a business | ||||||
12 | offense with a fine of at least $1,000 per violation. | ||||||
13 | (c) A person seeking to become a certified firearms | ||||||
14 | instructor shall: | ||||||
15 | (1) be at least 21 years of age; | ||||||
16 | (2) be a legal resident of the United States; and | ||||||
17 | (3) meet the requirements of Section 25 of this Act , | ||||||
18 | except for the Illinois residency requirement in item | ||||||
19 | (xiv) of paragraph (2) of subsection (a) of Section 4 of | ||||||
20 | the Firearm Owners Identification Card Act ; and any | ||||||
21 | additional uniformly applied requirements established by | ||||||
22 | the Illinois State Police. | ||||||
23 | (d) A person seeking to become a certified firearms | ||||||
24 | instructor, in addition to the requirements of subsection (c) | ||||||
25 | of this Section, shall: | ||||||
26 | (1) possess a high school diploma or State of Illinois |
| |||||||
| |||||||
1 | High School Diploma; and | ||||||
2 | (2) have at least one of the following valid firearms | ||||||
3 | instructor certifications: | ||||||
4 | (A) certification from a law enforcement agency; | ||||||
5 | (B) certification from a firearm instructor course | ||||||
6 | offered by a State or federal governmental agency; | ||||||
7 | (C) certification from a firearm instructor | ||||||
8 | qualification course offered by the Illinois Law | ||||||
9 | Enforcement Training Standards Board; or | ||||||
10 | (D) certification from an entity approved by the | ||||||
11 | Illinois State Police that offers firearm instructor | ||||||
12 | education and training in the use and safety of | ||||||
13 | firearms. | ||||||
14 | (e) A person may have his or her firearms instructor | ||||||
15 | certification denied or revoked if he or she does not meet the | ||||||
16 | requirements to obtain a license under this Act, provides | ||||||
17 | false or misleading information to the Illinois State Police, | ||||||
18 | or has had a prior instructor certification revoked or denied | ||||||
19 | by the Illinois State Police. | ||||||
20 | (Source: P.A. 102-538, eff. 8-20-21; 102-1100, eff. 1-1-23 .) | ||||||
21 | (430 ILCS 66/105) | ||||||
22 | Sec. 105. Duty of school administrator. It is the duty of | ||||||
23 | the principal of a public elementary or secondary school, or | ||||||
24 | his or her designee, and the chief administrative officer of a | ||||||
25 | private elementary or secondary school or a public or private |
| |||||||
| |||||||
1 | community college, college, or university, or his or her | ||||||
2 | designee, to report to the Illinois State Police when a | ||||||
3 | student is determined to pose a clear and present danger to | ||||||
4 | himself, herself, or to others, within 24 hours of the | ||||||
5 | determination as provided in Section 6-103.3 of the Mental | ||||||
6 | Health and Developmental Disabilities Code. "Clear and present | ||||||
7 | danger" has the meaning as provided in paragraph (2) of the | ||||||
8 | definition of "clear and present danger" in Section 6-103.3 of | ||||||
9 | the Mental Health and Developmental Disabilities Code 1.1 of | ||||||
10 | the Firearm Owners Identification Card Act . | ||||||
11 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
12 | Section 140. The Firearms Restraining Order Act is amended | ||||||
13 | by changing Sections 35 and 40 as follows: | ||||||
14 | (430 ILCS 67/35) | ||||||
15 | Sec. 35. Ex parte orders and emergency hearings. | ||||||
16 | (a) A petitioner may request an emergency firearms | ||||||
17 | restraining order by filing an affidavit or verified pleading | ||||||
18 | alleging that the respondent poses an immediate and present | ||||||
19 | danger of causing personal injury to himself, herself, or | ||||||
20 | another by having in his or her custody or control, | ||||||
21 | purchasing, possessing, or receiving a firearm, ammunition, or | ||||||
22 | firearm parts that could be assembled to make an operable | ||||||
23 | firearm. The petition shall also describe the type and | ||||||
24 | location of any firearm or firearms, ammunition, or firearm |
| |||||||
| |||||||
1 | parts that could be assembled to make an operable firearm | ||||||
2 | presently believed by the petitioner to be possessed or | ||||||
3 | controlled by the respondent. | ||||||
4 | (b) If the respondent is alleged to pose an immediate and | ||||||
5 | present danger of causing personal injury to an intimate | ||||||
6 | partner, or an intimate partner is alleged to have been the | ||||||
7 | target of a threat or act of violence by the respondent, the | ||||||
8 | petitioner shall make a good faith effort to provide notice to | ||||||
9 | any and all intimate partners of the respondent. The notice | ||||||
10 | must include that the petitioner intends to petition the court | ||||||
11 | for an emergency firearms restraining order, and, if the | ||||||
12 | petitioner is a law enforcement officer, referral to relevant | ||||||
13 | domestic violence or stalking advocacy or counseling | ||||||
14 | resources, if appropriate. The petitioner shall attest to | ||||||
15 | having provided the notice in the filed affidavit or verified | ||||||
16 | pleading. If, after making a good faith effort, the petitioner | ||||||
17 | is unable to provide notice to any or all intimate partners, | ||||||
18 | the affidavit or verified pleading should describe what | ||||||
19 | efforts were made. | ||||||
20 | (c) Every person who files a petition for an emergency | ||||||
21 | firearms restraining order, knowing the information provided | ||||||
22 | to the court at any hearing or in the affidavit or verified | ||||||
23 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
24 | of the Criminal Code of 2012. | ||||||
25 | (d) An emergency firearms restraining order shall be | ||||||
26 | issued on an ex parte basis, that is, without notice to the |
| |||||||
| |||||||
1 | respondent. | ||||||
2 | (e) An emergency hearing held on an ex parte basis shall be | ||||||
3 | held the same day that the petition is filed or the next day | ||||||
4 | that the court is in session. | ||||||
5 | (f) If a circuit or associate judge finds probable cause | ||||||
6 | to believe that the respondent poses an immediate and present | ||||||
7 | danger of causing personal injury to himself, herself, or | ||||||
8 | another by having in his or her custody or control, | ||||||
9 | purchasing, possessing, or receiving a firearm, ammunition, or | ||||||
10 | firearm parts that could be assembled to make an operable | ||||||
11 | firearm, the circuit or associate judge shall issue an | ||||||
12 | emergency order. | ||||||
13 | (f-5) If the court issues an emergency firearms | ||||||
14 | restraining order, it shall, upon a finding of probable cause | ||||||
15 | that the respondent possesses firearms, ammunition, or firearm | ||||||
16 | parts that could be assembled to make an operable firearm, | ||||||
17 | issue a search warrant directing a law enforcement agency to | ||||||
18 | seize the respondent's firearms, ammunition, and firearm parts | ||||||
19 | that could be assembled to make an operable firearm. The court | ||||||
20 | may, as part of that warrant, direct the law enforcement | ||||||
21 | agency to search the respondent's residence and other places | ||||||
22 | where the court finds there is probable cause to believe he or | ||||||
23 | she is likely to possess the firearms, ammunition, or firearm | ||||||
24 | parts that could be assembled to make an operable firearm. A | ||||||
25 | return of the search warrant shall be filed by the law | ||||||
26 | enforcement agency within 4 days thereafter, setting forth the |
| |||||||
| |||||||
1 | time, date, and location that the search warrant was executed | ||||||
2 | and what items, if any, were seized. | ||||||
3 | (g) An emergency firearms restraining order shall require: | ||||||
4 | (1) the respondent to refrain from having in his or | ||||||
5 | her custody or control, purchasing, possessing, or | ||||||
6 | receiving additional firearms, ammunition, or firearm | ||||||
7 | parts that could be assembled to make an operable firearm, | ||||||
8 | or removing firearm parts that could be assembled to make | ||||||
9 | an operable firearm for the duration of the order under | ||||||
10 | Section 8.2 of the Firearm Owners Identification Card Act ; | ||||||
11 | and | ||||||
12 | (2) the respondent to comply with Section 9.5 of the | ||||||
13 | Firearm Owners Identification Card Act and subsection (g) | ||||||
14 | of Section 70 of the Firearm Concealed Carry Act. | ||||||
15 | (h) Except as otherwise provided in subsection (h-5) of | ||||||
16 | this Section, upon expiration of the period of safekeeping, if | ||||||
17 | the firearms, ammunition, and firearm parts that could be | ||||||
18 | assembled to make an operable firearm or Firearm Owner's | ||||||
19 | Identification Card and concealed carry license cannot be | ||||||
20 | returned to the respondent because the respondent cannot be | ||||||
21 | located, fails to respond to requests to retrieve the | ||||||
22 | firearms, or is not lawfully eligible to possess a firearm, | ||||||
23 | ammunition, or firearm parts that could be assembled to make | ||||||
24 | an operable firearm, upon petition from the local law | ||||||
25 | enforcement agency, the court may order the local law | ||||||
26 | enforcement agency to destroy the firearms, ammunition, and |
| |||||||
| |||||||
1 | firearm parts that could be assembled to make an operable | ||||||
2 | firearm, use the firearms, ammunition, and firearm parts that | ||||||
3 | could be assembled to make an operable firearm for training | ||||||
4 | purposes, or use the firearms, ammunition, and firearm parts | ||||||
5 | that could be assembled to make an operable firearm for any | ||||||
6 | other application as deemed appropriate by the local law | ||||||
7 | enforcement agency. | ||||||
8 | (h-5) On or before January 1, 2022, a respondent whose | ||||||
9 | firearms have been turned over to a local law enforcement | ||||||
10 | agency Firearm Owner's Identification Card has been revoked or | ||||||
11 | suspended may petition the court, if the petitioner is present | ||||||
12 | in court or has notice of the respondent's petition, to | ||||||
13 | transfer the respondent's firearm, ammunition, and firearm | ||||||
14 | parts that could be assembled to make an operable firearm to a | ||||||
15 | person who is lawfully able to possess the firearm, | ||||||
16 | ammunition, and firearm parts that could be assembled to make | ||||||
17 | an operable firearm if the person does not reside at the same | ||||||
18 | address as the respondent. Notice of the petition shall be | ||||||
19 | served upon the person protected by the emergency firearms | ||||||
20 | restraining order. While the order is in effect, the | ||||||
21 | transferee who receives the respondent's firearms, ammunition, | ||||||
22 | and firearm parts that could be assembled to make an operable | ||||||
23 | firearm must swear or affirm by affidavit that he or she shall | ||||||
24 | not transfer the firearm, ammunition, and firearm parts that | ||||||
25 | could be assembled to make an operable firearm to the | ||||||
26 | respondent or to anyone residing in the same residence as the |
| |||||||
| |||||||
1 | respondent. | ||||||
2 | (h-6) If a person other than the respondent claims title | ||||||
3 | to any firearms, ammunition, and firearm parts that could be | ||||||
4 | assembled to make an operable firearm surrendered under this | ||||||
5 | Section, he or she may petition the court, if the petitioner is | ||||||
6 | present in court or has notice of the petition, to have the | ||||||
7 | firearm, ammunition, and firearm parts that could be assembled | ||||||
8 | to make an operable firearm returned to him or her. If the | ||||||
9 | court determines that person to be the lawful owner of the | ||||||
10 | firearm, ammunition, and firearm parts that could be assembled | ||||||
11 | to make an operable firearm, the firearm, ammunition, and | ||||||
12 | firearm parts that could be assembled to make an operable | ||||||
13 | firearm shall be returned to him or her, provided that: | ||||||
14 | (1) the firearm, ammunition, and firearm parts that | ||||||
15 | could be assembled to make an operable firearm are removed | ||||||
16 | from the respondent's custody, control, or possession and | ||||||
17 | the lawful owner agrees to store the firearm, ammunition, | ||||||
18 | and firearm parts that could be assembled to make an | ||||||
19 | operable firearm in a manner such that the respondent does | ||||||
20 | not have access to or control of the firearm, ammunition, | ||||||
21 | and firearm parts that could be assembled to make an | ||||||
22 | operable firearm; and | ||||||
23 | (2) the firearm, ammunition, and firearm parts that | ||||||
24 | could be assembled to make an operable firearm are not | ||||||
25 | otherwise unlawfully possessed by the owner. | ||||||
26 | The person petitioning for the return of his or her |
| |||||||
| |||||||
1 | firearm, ammunition, and firearm parts that could be assembled | ||||||
2 | to make an operable firearm must swear or affirm by affidavit | ||||||
3 | that he or she: (i) is the lawful owner of the firearm, | ||||||
4 | ammunition, and firearm parts that could be assembled to make | ||||||
5 | an operable firearm; (ii) shall not transfer the firearm, | ||||||
6 | ammunition, and firearm parts that could be assembled to make | ||||||
7 | an operable firearm to the respondent; and (iii) will store | ||||||
8 | the firearm, ammunition, and firearm parts that could be | ||||||
9 | assembled to make an operable firearm in a manner that the | ||||||
10 | respondent does not have access to or control of the firearm, | ||||||
11 | ammunition, and firearm parts that could be assembled to make | ||||||
12 | an operable firearm. | ||||||
13 | (i) In accordance with subsection (e) of this Section, the | ||||||
14 | court shall schedule a full hearing as soon as possible, but no | ||||||
15 | longer than 14 days from the issuance of an ex parte firearms | ||||||
16 | restraining order, to determine if a 6-month firearms | ||||||
17 | restraining order shall be issued. The court may extend an ex | ||||||
18 | parte order as needed, but not to exceed 14 days, to effectuate | ||||||
19 | service of the order or if necessary to continue protection. | ||||||
20 | The court may extend the order for a greater length of time by | ||||||
21 | mutual agreement of the parties. | ||||||
22 | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
23 | 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. | ||||||
24 | 5-13-22.) | ||||||
25 | (430 ILCS 67/40) |
| |||||||
| |||||||
1 | Sec. 40. Plenary orders. | ||||||
2 | (a) A petitioner may request a firearms restraining order | ||||||
3 | for up to one year by filing an affidavit or verified pleading | ||||||
4 | alleging that the respondent poses a significant danger of | ||||||
5 | causing personal injury to himself, herself, or another in the | ||||||
6 | near future by having in his or her custody or control, | ||||||
7 | purchasing, possessing, or receiving a firearm, ammunition, | ||||||
8 | and firearm parts that could be assembled to make an operable | ||||||
9 | firearm. The petition shall also describe the number, types, | ||||||
10 | and locations of any firearms, ammunition, and firearm parts | ||||||
11 | that could be assembled to make an operable firearm presently | ||||||
12 | believed by the petitioner to be possessed or controlled by | ||||||
13 | the respondent. The firearms restraining order may be renewed | ||||||
14 | for an additional period of up to one year in accordance with | ||||||
15 | Section 45 of this Act. | ||||||
16 | (b) If the respondent is alleged to pose a significant | ||||||
17 | danger of causing personal injury to an intimate partner, or | ||||||
18 | an intimate partner is alleged to have been the target of a | ||||||
19 | threat or act of violence by the respondent, the petitioner | ||||||
20 | shall make a good faith effort to provide notice to any and all | ||||||
21 | intimate partners of the respondent. The notice must include | ||||||
22 | the duration of time that the petitioner intends to petition | ||||||
23 | the court for a firearms restraining order, and, if the | ||||||
24 | petitioner is a law enforcement officer, referral to relevant | ||||||
25 | domestic violence or stalking advocacy or counseling | ||||||
26 | resources, if appropriate. The petitioner shall attest to |
| |||||||
| |||||||
1 | having provided the notice in the filed affidavit or verified | ||||||
2 | pleading. If, after making a good faith effort, the petitioner | ||||||
3 | is unable to provide notice to any or all intimate partners, | ||||||
4 | the affidavit or verified pleading should describe what | ||||||
5 | efforts were made. | ||||||
6 | (c) Every person who files a petition for a plenary | ||||||
7 | firearms restraining order, knowing the information provided | ||||||
8 | to the court at any hearing or in the affidavit or verified | ||||||
9 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
10 | of the Criminal Code of 2012. | ||||||
11 | (d) Upon receipt of a petition for a plenary firearms | ||||||
12 | restraining order, the court shall order a hearing within 30 | ||||||
13 | days. | ||||||
14 | (e) In determining whether to issue a firearms restraining | ||||||
15 | order under this Section, the court shall consider evidence | ||||||
16 | including, but not limited to, the following: | ||||||
17 | (1) The unlawful and reckless use, display, or | ||||||
18 | brandishing of a firearm, ammunition, and firearm parts | ||||||
19 | that could be assembled to make an operable firearm by the | ||||||
20 | respondent. | ||||||
21 | (2) The history of use, attempted use, or threatened | ||||||
22 | use of physical force by the respondent against another | ||||||
23 | person. | ||||||
24 | (3) Any prior arrest of the respondent for a felony | ||||||
25 | offense. | ||||||
26 | (4) Evidence of the abuse of controlled substances or |
| |||||||
| |||||||
1 | alcohol by the respondent. | ||||||
2 | (5) A recent threat of violence or act of violence by | ||||||
3 | the respondent directed toward himself, herself, or | ||||||
4 | another. | ||||||
5 | (6) A violation of an emergency order of protection | ||||||
6 | issued under Section 217 of the Illinois Domestic Violence | ||||||
7 | Act of 1986 or Section 112A-17 of the Code of Criminal | ||||||
8 | Procedure of 1963 or of an order of protection issued | ||||||
9 | under Section 214 of the Illinois Domestic Violence Act of | ||||||
10 | 1986 or Section 112A-14 of the Code of Criminal Procedure | ||||||
11 | of 1963. | ||||||
12 | (7) A pattern of violent acts or violent threats, | ||||||
13 | including, but not limited to, threats of violence or acts | ||||||
14 | of violence by the respondent directed toward himself, | ||||||
15 | herself, or another. | ||||||
16 | (f) At the hearing, the petitioner shall have the burden | ||||||
17 | of proving, by clear and convincing evidence, that the | ||||||
18 | respondent poses a significant danger of personal injury to | ||||||
19 | himself, herself, or another by having in his or her custody or | ||||||
20 | control, purchasing, possessing, or receiving a firearm, | ||||||
21 | ammunition, and firearm parts that could be assembled to make | ||||||
22 | an operable firearm. | ||||||
23 | (g) If the court finds that there is clear and convincing | ||||||
24 | evidence to issue a plenary firearms restraining order, the | ||||||
25 | court shall issue a firearms restraining order that shall be | ||||||
26 | in effect for up to one year, but not less than 6 months, |
| |||||||
| |||||||
1 | subject to renewal under Section 45 of this Act or termination | ||||||
2 | under that Section. | ||||||
3 | (g-5) If the court issues a plenary firearms restraining | ||||||
4 | order, it shall, upon a finding of probable cause that the | ||||||
5 | respondent possesses firearms, ammunition, and firearm parts | ||||||
6 | that could be assembled to make an operable firearm, issue a | ||||||
7 | search warrant directing a law enforcement agency to seize the | ||||||
8 | respondent's firearms, ammunition, and firearm parts that | ||||||
9 | could be assembled to make an operable firearm. The court may, | ||||||
10 | as part of that warrant, direct the law enforcement agency to | ||||||
11 | search the respondent's residence and other places where the | ||||||
12 | court finds there is probable cause to believe he or she is | ||||||
13 | likely to possess the firearms, ammunition, and firearm parts | ||||||
14 | that could be assembled to make an operable firearm. A return | ||||||
15 | of the search warrant shall be filed by the law enforcement | ||||||
16 | agency within 4 days thereafter, setting forth the time, date, | ||||||
17 | and location that the search warrant was executed and what | ||||||
18 | items, if any, were seized. | ||||||
19 | (h) A plenary firearms restraining order shall require: | ||||||
20 | (1) the respondent to refrain from having in his or | ||||||
21 | her custody or control, purchasing, possessing, or | ||||||
22 | receiving additional firearms, ammunition, and firearm | ||||||
23 | parts that could be assembled to make an operable firearm | ||||||
24 | for the duration of the order under Section 8.2 of the | ||||||
25 | Firearm Owners Identification Card Act ; and | ||||||
26 | (2) the respondent to comply with Section 9.5 of the |
| |||||||
| |||||||
1 | Firearm Owners Identification Card Act and subsection (g) | ||||||
2 | of Section 70 of the Firearm Concealed Carry Act. | ||||||
3 | (i) Except as otherwise provided in subsection (i-5) of | ||||||
4 | this Section, upon expiration of the period of safekeeping, if | ||||||
5 | the firearms, ammunition, and firearm parts that could be | ||||||
6 | assembled to make an operable firearm or Firearm Owner's | ||||||
7 | Identification Card cannot be returned to the respondent | ||||||
8 | because the respondent cannot be located, fails to respond to | ||||||
9 | requests to retrieve the firearms, ammunition, and firearm | ||||||
10 | parts that could be assembled to make an operable firearm, or | ||||||
11 | is not lawfully eligible to possess a firearm, ammunition, and | ||||||
12 | firearm parts that could be assembled to make an operable | ||||||
13 | firearm, upon petition from the local law enforcement agency, | ||||||
14 | the court may order the local law enforcement agency to | ||||||
15 | destroy the firearms, ammunition, and firearm parts that could | ||||||
16 | be assembled to make an operable firearm, use the firearms, | ||||||
17 | ammunition, and firearm parts that could be assembled to make | ||||||
18 | an operable firearm for training purposes, or use the | ||||||
19 | firearms, ammunition, and firearm parts that could be | ||||||
20 | assembled to make an operable firearm for any other | ||||||
21 | application as deemed appropriate by the local law enforcement | ||||||
22 | agency. | ||||||
23 | (i-5) A respondent whose firearms have been turned over to | ||||||
24 | a local law enforcement agency Firearm Owner's Identification | ||||||
25 | Card has been revoked or suspended may petition the court, if | ||||||
26 | the petitioner is present in court or has notice of the |
| |||||||
| |||||||
1 | respondent's petition, to transfer the respondent's firearm, | ||||||
2 | ammunition, and firearm parts that could be assembled to make | ||||||
3 | an operable firearm to a person who is lawfully able to possess | ||||||
4 | the firearm, ammunition, and firearm parts that could be | ||||||
5 | assembled to make an operable firearm if the person does not | ||||||
6 | reside at the same address as the respondent. Notice of the | ||||||
7 | petition shall be served upon the person protected by the | ||||||
8 | emergency firearms restraining order. While the order is in | ||||||
9 | effect, the transferee who receives the respondent's firearms, | ||||||
10 | ammunition, and firearm parts that could be assembled to make | ||||||
11 | an operable firearm must swear or affirm by affidavit that he | ||||||
12 | or she shall not transfer the firearm, ammunition, and firearm | ||||||
13 | parts that could be assembled to make an operable firearm to | ||||||
14 | the respondent or to anyone residing in the same residence as | ||||||
15 | the respondent. | ||||||
16 | (i-6) If a person other than the respondent claims title | ||||||
17 | to any firearms, ammunition, and firearm parts that could be | ||||||
18 | assembled to make an operable firearm surrendered under this | ||||||
19 | Section, he or she may petition the court, if the petitioner is | ||||||
20 | present in court or has notice of the petition, to have the | ||||||
21 | firearm, ammunition, and firearm parts that could be assembled | ||||||
22 | to make an operable firearm returned to him or her. If the | ||||||
23 | court determines that person to be the lawful owner of the | ||||||
24 | firearm, ammunition, and firearm parts that could be assembled | ||||||
25 | to make an operable firearm, the firearm, ammunition, and | ||||||
26 | firearm parts that could be assembled to make an operable |
| |||||||
| |||||||
1 | firearm shall be returned to him or her, provided that: | ||||||
2 | (1) the firearm, ammunition, and firearm parts that | ||||||
3 | could be assembled to make an operable firearm are removed | ||||||
4 | from the respondent's custody, control, or possession and | ||||||
5 | the lawful owner agrees to store the firearm, ammunition, | ||||||
6 | and firearm parts that could be assembled to make an | ||||||
7 | operable firearm in a manner such that the respondent does | ||||||
8 | not have access to or control of the firearm, ammunition, | ||||||
9 | and firearm parts that could be assembled to make an | ||||||
10 | operable firearm; and | ||||||
11 | (2) the firearm, ammunition, and firearm parts that | ||||||
12 | could be assembled to make an operable firearm are not | ||||||
13 | otherwise unlawfully possessed by the owner. | ||||||
14 | The person petitioning for the return of his or her | ||||||
15 | firearm, ammunition, and firearm parts that could be assembled | ||||||
16 | to make an operable firearm must swear or affirm by affidavit | ||||||
17 | that he or she: (i) is the lawful owner of the firearm, | ||||||
18 | ammunition, and firearm parts that could be assembled to make | ||||||
19 | an operable firearm; (ii) shall not transfer the firearm, | ||||||
20 | ammunition, and firearm parts that could be assembled to make | ||||||
21 | an operable firearm to the respondent; and (iii) will store | ||||||
22 | the firearm, ammunition, and firearm parts that could be | ||||||
23 | assembled to make an operable firearm in a manner that the | ||||||
24 | respondent does not have access to or control of the firearm, | ||||||
25 | ammunition, and firearm parts that could be assembled to make | ||||||
26 | an operable firearm. |
| |||||||
| |||||||
1 | (j) If the court does not issue a firearms restraining | ||||||
2 | order at the hearing, the court shall dissolve any emergency | ||||||
3 | firearms restraining order then in effect. | ||||||
4 | (k) When the court issues a firearms restraining order | ||||||
5 | under this Section, the court shall inform the respondent that | ||||||
6 | he or she is entitled to one hearing during the period of the | ||||||
7 | order to request a termination of the order, under Section 45 | ||||||
8 | of this Act, and shall provide the respondent with a form to | ||||||
9 | request a hearing. | ||||||
10 | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
11 | 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. | ||||||
12 | 5-13-22; 102-1116, eff. 1-10-23.) | ||||||
13 | Section 145. The Firearm Dealer License Certification Act | ||||||
14 | is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as | ||||||
15 | follows: | ||||||
16 | (430 ILCS 68/5-20) | ||||||
17 | Sec. 5-20. Additional licensee requirements. | ||||||
18 | (a) A certified licensee shall make a photo copy of a | ||||||
19 | buyer's or transferee's valid photo identification card | ||||||
20 | whenever a firearm sale transaction takes place. The photo | ||||||
21 | copy shall be attached to the documentation detailing the | ||||||
22 | record of sale. | ||||||
23 | (b) A certified licensee shall post in a conspicuous | ||||||
24 | position on the premises where the licensee conducts business |
| |||||||
| |||||||
1 | a sign that contains the following warning in block letters | ||||||
2 | not less than one inch in height: | ||||||
3 | "With few exceptions enumerated in the Criminal Code | ||||||
4 | of 2012 Firearm Owners Identification Card Act , it is | ||||||
5 | unlawful for you to: | ||||||
6 | (A) store or leave an unsecured firearm in a place | ||||||
7 | where a child can obtain access to it; or | ||||||
8 | (B) sell or transfer your firearm to someone else | ||||||
9 | without receiving approval for the transfer from the | ||||||
10 | Illinois State Police, or | ||||||
11 | (B) (C) fail to report the loss or theft of your | ||||||
12 | firearm to local law enforcement within 72 hours.". | ||||||
13 | This sign shall be created by the Illinois State Police and | ||||||
14 | made available for printing or downloading from the Illinois | ||||||
15 | State Police's website. | ||||||
16 | (c) No retail location established after the effective | ||||||
17 | date of this Act shall be located within 500 feet of any | ||||||
18 | school, pre-school, or day care facility in existence at its | ||||||
19 | location before the retail location is established as measured | ||||||
20 | from the nearest corner of the building holding the retail | ||||||
21 | location to the corner of the school, pre-school, or day care | ||||||
22 | facility building nearest the retail location at the time the | ||||||
23 | retail location seeks licensure. | ||||||
24 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
25 | (430 ILCS 68/5-25) |
| |||||||
| |||||||
1 | Sec. 5-25. Exemptions. The provisions of this Act related | ||||||
2 | to the certification of a license do not apply to a person or | ||||||
3 | entity that engages in the following activities: | ||||||
4 | (1) temporary transfers of firearms solely for use at | ||||||
5 | the location or on the premises where the transfer takes | ||||||
6 | place, such as transfers at a shooting range for use at | ||||||
7 | that location; | ||||||
8 | (2) temporary transfers of firearms solely for use | ||||||
9 | while in the presence of the transferor or transfers for | ||||||
10 | the purposes of firearm safety training by a firearms | ||||||
11 | safety training instructor; | ||||||
12 | (3) transfers of firearms among immediate family or | ||||||
13 | household members, as "immediate family or household | ||||||
14 | member" is defined in Section 3-2.7-10 of the Unified Code | ||||||
15 | of Corrections, provided that both the transferor and | ||||||
16 | transferee are not prohibited from possessing a firearm | ||||||
17 | under federal or State law have a currently valid Firearm | ||||||
18 | Owner's Identification Card; however, this paragraph (3) | ||||||
19 | does not limit the familial gift exemption under paragraph | ||||||
20 | (2) of subsection (a-15) of Section 3 of the Firearm | ||||||
21 | Owners Identification Card Act ; | ||||||
22 | (4) transfers by persons or entities acting under | ||||||
23 | operation of law or a court order; | ||||||
24 | (5) transfers by persons or entities liquidating all | ||||||
25 | or part of a collection. For purposes of this paragraph | ||||||
26 | (5), "collection" means 2 or more firearms which are of |
| |||||||
| |||||||
1 | special interest to collectors by reason of some quality | ||||||
2 | other than is associated with firearms intended for | ||||||
3 | sporting use or as offensive or defensive weapons; | ||||||
4 | (6) transfers of firearms that have been rendered | ||||||
5 | permanently inoperable to a nonprofit historical society, | ||||||
6 | museum, or institutional collection; | ||||||
7 | (7) transfers by a law enforcement or corrections | ||||||
8 | agency or a law enforcement or corrections officer acting | ||||||
9 | within the course and scope of his or her official duties; | ||||||
10 | (8) (blank); transfers to a State or local law | ||||||
11 | enforcement agency by a person who has his or her Firearm | ||||||
12 | Owner's Identification Card revoked; | ||||||
13 | (9) transfers of curios and relics, as defined under | ||||||
14 | federal law, between collectors licensed under subsection | ||||||
15 | (b) of Section 923 of the federal Gun Control Act of 1968; | ||||||
16 | (10) transfers by a person or entity licensed as an | ||||||
17 | auctioneer under the Auction License Act; | ||||||
18 | (10.5) transfers of firearms to a resident registered | ||||||
19 | competitor or attendee or non-resident registered | ||||||
20 | competitor or attendee by a licensed federal firearms | ||||||
21 | dealer under Section 923 of the federal Gun Control Act of | ||||||
22 | 1968 at a competitive shooting event held at the World | ||||||
23 | Shooting and Recreational Complex that is sanctioned by a | ||||||
24 | national governing body; or | ||||||
25 | (11) transfers between a pawnshop and a customer which | ||||||
26 | amount to a bailment. For purposes of this paragraph (11), |
| |||||||
| |||||||
1 | "bailment" means the act of placing property in the | ||||||
2 | custody and control of another, by agreement in which the | ||||||
3 | holder is responsible for the safekeeping and return of | ||||||
4 | the property. | ||||||
5 | (Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.) | ||||||
6 | (430 ILCS 68/5-40) | ||||||
7 | Sec. 5-40. Qualifications for operation. | ||||||
8 | (a) Each certified licensee shall submit with each | ||||||
9 | application for certification or renewal an affidavit to the | ||||||
10 | Illinois State Police stating that each owner, employee, or | ||||||
11 | other agent of the certified licensee who sells or conducts | ||||||
12 | transfers of firearms for the certified licensee is at least | ||||||
13 | 21 years of age , has a currently valid Firearm Owner's | ||||||
14 | Identification Card and, for a renewal, has completed the | ||||||
15 | training required under Section 5-30. The affidavit must also | ||||||
16 | contain the name and Firearm Owner's Identification Card | ||||||
17 | number of each owner, employee, or other agent who sells or | ||||||
18 | conducts transfers of firearms for the certified licensee. If | ||||||
19 | an owner, employee, or other agent of the certified licensee | ||||||
20 | is not otherwise a resident of this State, the certified | ||||||
21 | licensee shall submit an affidavit stating that the owner, | ||||||
22 | employee, or other agent has undergone a background check and | ||||||
23 | is not prohibited from owning or possessing firearms. | ||||||
24 | (b) In addition to the affidavit required under subsection | ||||||
25 | (a), within 30 days of a new owner, employee, or other agent |
| |||||||
| |||||||
1 | beginning selling or conducting transfers of firearms for the | ||||||
2 | certified licensee, the certified licensee shall submit an | ||||||
3 | affidavit to the Illinois State Police stating the date that | ||||||
4 | the new owner, employee, or other agent began selling or | ||||||
5 | conducting transfers of firearms for the certified licensee, | ||||||
6 | and providing the information required in subsection (a) for | ||||||
7 | that new owner, employee, or other agent. | ||||||
8 | (c) If a certified licensee has a license, certificate, or | ||||||
9 | permit to sell, lease, transfer, purchase, or possess firearms | ||||||
10 | issued by the federal government or the government of any | ||||||
11 | state revoked or suspended for good cause within the preceding | ||||||
12 | 4 years, the Illinois State Police may consider revoking or | ||||||
13 | suspending the certified licenses in this State. In making a | ||||||
14 | determination of whether or not to revoke or suspend a | ||||||
15 | certified license in this State, the Illinois State Police | ||||||
16 | shall consider the number of retail locations the certified | ||||||
17 | licensee or any related person or entity operates in this | ||||||
18 | State or in other states under the same or different business | ||||||
19 | names, and the severity of the infraction in the state in which | ||||||
20 | a license was revoked or suspended. | ||||||
21 | (d) Applications and affidavits required under this | ||||||
22 | Section are not subject to disclosure by the Illinois State | ||||||
23 | Police under the Freedom of Information Act. | ||||||
24 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
25 | (430 ILCS 68/5-85) |
| |||||||
| |||||||
1 | Sec. 5-85. Disciplinary sanctions. | ||||||
2 | (a) For violations of this Act not penalized under Section | ||||||
3 | 5-15, the Illinois State Police may refuse to renew or | ||||||
4 | restore, or may reprimand, place on probation, suspend, | ||||||
5 | revoke, or take other disciplinary or non-disciplinary action | ||||||
6 | against any licensee, and may impose a fine commensurate with | ||||||
7 | the severity of the violation not to exceed $10,000 for each | ||||||
8 | violation for any of the following, consistent with the | ||||||
9 | Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901 | ||||||
10 | through 7903: | ||||||
11 | (1) Violations of this Act, or any law applicable to | ||||||
12 | the sale or transfer of firearms. | ||||||
13 | (2) A pattern of practice or other behavior which | ||||||
14 | demonstrates incapacity or incompetency to practice under | ||||||
15 | this Act. | ||||||
16 | (3) Aiding or assisting another person in violating | ||||||
17 | any provision of this Act or rules adopted under this Act. | ||||||
18 | (4) Failing, within 60 days, to provide information in | ||||||
19 | response to a written request made by the Illinois State | ||||||
20 | Police. | ||||||
21 | (5) Conviction of, plea of guilty to, or plea of nolo | ||||||
22 | contendere to any crime that disqualifies the person from | ||||||
23 | obtaining a firearm valid Firearm Owner's Identification | ||||||
24 | Card . | ||||||
25 | (6) Continued practice, although the person has become | ||||||
26 | unfit to practice due to any of the following: |
| |||||||
| |||||||
1 | (A) Any circumstance that disqualifies the person | ||||||
2 | from obtaining a firearm valid Firearm Owner's | ||||||
3 | Identification Card or concealed carry license. | ||||||
4 | (B) Habitual or excessive use or abuse of drugs | ||||||
5 | defined in law as controlled substances, alcohol, or | ||||||
6 | any other substance that results in the inability to | ||||||
7 | practice with reasonable judgment, skill, or safety. | ||||||
8 | (7) Receiving, directly or indirectly, compensation | ||||||
9 | for any firearms sold or transferred illegally. | ||||||
10 | (8) Discipline by another United States jurisdiction, | ||||||
11 | foreign nation, or governmental agency, if at least one of | ||||||
12 | the grounds for the discipline is the same or | ||||||
13 | substantially equivalent to those set forth in this Act. | ||||||
14 | (9) Violation of any disciplinary order imposed on a | ||||||
15 | licensee by the Illinois State Police. | ||||||
16 | (10) A finding by the Illinois State Police that the | ||||||
17 | licensee, after having his or her certified license placed | ||||||
18 | on probationary status, has violated the terms of | ||||||
19 | probation. | ||||||
20 | (11) A fraudulent or material misstatement in the | ||||||
21 | completion of an affirmative obligation or inquiry by law | ||||||
22 | enforcement. | ||||||
23 | (b) All fines imposed under this Section shall be paid | ||||||
24 | within 90 days after the effective date of the final order | ||||||
25 | imposing the fine. | ||||||
26 | (Source: P.A. 102-538, eff. 8-20-21.) |
| |||||||
| |||||||
1 | Section 150. The Wildlife Code is amended by changing | ||||||
2 | Sections 3.2 and 3.2a as follows: | ||||||
3 | (520 ILCS 5/3.2) (from Ch. 61, par. 3.2) | ||||||
4 | Sec. 3.2. Hunting license; application; instruction. | ||||||
5 | Before the Department or any county, city, village, township, | ||||||
6 | incorporated town clerk or his duly designated agent or any | ||||||
7 | other person authorized or designated by the Department to | ||||||
8 | issue hunting licenses shall issue a hunting license to any | ||||||
9 | person, the person shall file his application with the | ||||||
10 | Department or other party authorized to issue licenses on a | ||||||
11 | form provided by the Department and further give definite | ||||||
12 | proof of identity and place of legal residence. Each clerk | ||||||
13 | designating agents to issue licenses and stamps shall furnish | ||||||
14 | the Department, within 10 days following the appointment, the | ||||||
15 | names and mailing addresses of the agents. Each clerk or his | ||||||
16 | duly designated agent shall be authorized to sell licenses and | ||||||
17 | stamps only within the territorial area for which he was | ||||||
18 | elected or appointed. No duly designated agent is authorized | ||||||
19 | to furnish licenses or stamps for issuance by any other | ||||||
20 | business establishment. Each application shall be executed and | ||||||
21 | sworn to and shall set forth the name and description of the | ||||||
22 | applicant and place of residence. | ||||||
23 | No hunting license shall be issued to any person born on or | ||||||
24 | after January 1, 1980 unless he presents the person authorized |
| |||||||
| |||||||
1 | to issue the license evidence that he has held a hunting | ||||||
2 | license issued by the State of Illinois or another state in a | ||||||
3 | prior year, or a certificate of competency as provided in this | ||||||
4 | Section. Persons under 18 years of age may be issued a Lifetime | ||||||
5 | Hunting or Sportsmen's Combination License as provided under | ||||||
6 | Section 20-45 of the Fish and Aquatic Life Code but shall not | ||||||
7 | be entitled to hunt alone, without the supervision of an adult | ||||||
8 | age 21 or older, unless they have a certificate of competency | ||||||
9 | as provided in this Section and the certificate is in their | ||||||
10 | possession while hunting. | ||||||
11 | The Department of Natural Resources shall authorize | ||||||
12 | personnel of the Department or certified volunteer instructors | ||||||
13 | to conduct courses, of not less than 10 hours in length, in | ||||||
14 | firearms and hunter safety, which may include training in bow | ||||||
15 | and arrow safety, at regularly specified intervals throughout | ||||||
16 | the State. Persons successfully completing the course shall | ||||||
17 | receive a certificate of competency. The Department of Natural | ||||||
18 | Resources may further cooperate with any reputable association | ||||||
19 | or organization in establishing courses if the organization | ||||||
20 | has as one of its objectives the promotion of safety in the | ||||||
21 | handling of firearms or bow and arrow. | ||||||
22 | The Department of Natural Resources shall designate any | ||||||
23 | person found by it to be competent to give instruction in the | ||||||
24 | handling of firearms, hunter safety, and bow and arrow. The | ||||||
25 | persons so appointed shall give the course of instruction and | ||||||
26 | upon the successful completion shall issue to the person |
| |||||||
| |||||||
1 | instructed a certificate of competency in the safe handling of | ||||||
2 | firearms, hunter safety, and bow and arrow. No charge shall be | ||||||
3 | made for any course of instruction except for materials or | ||||||
4 | ammunition consumed. The Department of Natural Resources shall | ||||||
5 | furnish information on the requirements of hunter safety | ||||||
6 | education programs to be distributed free of charge to | ||||||
7 | applicants for hunting licenses by the persons appointed and | ||||||
8 | authorized to issue licenses. Funds for the conducting of | ||||||
9 | firearms and hunter safety courses shall be taken from the fee | ||||||
10 | charged for the Firearm Owners Identification Card. | ||||||
11 | The fee for a hunting license to hunt all species for a | ||||||
12 | resident of Illinois is $12. For residents age 65 or older, | ||||||
13 | and, commencing with the 2012 license year, resident veterans | ||||||
14 | of the United States Armed Forces after returning from service | ||||||
15 | abroad or mobilization by the President of the United States | ||||||
16 | as an active duty member of the United States Armed Forces, the | ||||||
17 | Illinois National Guard, or the Reserves of the United States | ||||||
18 | Armed Forces, the fee is one-half of the fee charged for a | ||||||
19 | hunting license to hunt all species for a resident of | ||||||
20 | Illinois. Veterans must provide to the Department acceptable | ||||||
21 | verification of their service. The Department shall establish | ||||||
22 | by administrative rule the procedure by which such | ||||||
23 | verification of service shall be made to the Department for | ||||||
24 | the purpose of issuing resident veterans hunting licenses at a | ||||||
25 | reduced fee. The fee for a hunting license to hunt all species | ||||||
26 | shall be $1 for residents over 75 years of age. Nonresidents |
| |||||||
| |||||||
1 | shall be charged $57 for a hunting license. | ||||||
2 | Residents of this State may obtain a 3-year hunting | ||||||
3 | license to hunt all species as described in Section 3.1 for 3 | ||||||
4 | times the annual fee. For residents age 65 or older and | ||||||
5 | resident veterans of the United States Armed Forces after | ||||||
6 | returning from service abroad or mobilization by the President | ||||||
7 | of the United States, the fee is one-half of the fee charged | ||||||
8 | for a 3-year hunting license to hunt all species as described | ||||||
9 | in Section 3.1 for a resident of this State. Veterans must | ||||||
10 | provide to the Department, per administrative rule, | ||||||
11 | verification of their service. The Department shall establish | ||||||
12 | what constitutes suitable verification of service for the | ||||||
13 | purpose of issuing resident veterans 3-year hunting licenses | ||||||
14 | at a reduced fee. | ||||||
15 | Nonresidents may be issued a nonresident hunting license | ||||||
16 | for a period not to exceed 10 consecutive days' hunting in the | ||||||
17 | State and shall be charged a fee of $35. | ||||||
18 | A special nonresident hunting license authorizing a | ||||||
19 | nonresident to take game birds by hunting on a game breeding | ||||||
20 | and hunting preserve area only, established under Section | ||||||
21 | 3.27, shall be issued upon proper application being made and | ||||||
22 | payment of a fee equal to that for a resident hunting license. | ||||||
23 | The expiration date of this license shall be on the same date | ||||||
24 | each year that game breeding and hunting preserve area | ||||||
25 | licenses expire. | ||||||
26 | Each applicant for a State Migratory Waterfowl Stamp, |
| |||||||
| |||||||
1 | regardless of his residence or other condition, shall pay a | ||||||
2 | fee of $15 and shall receive a stamp. The fee for a State | ||||||
3 | Migratory Waterfowl Stamp shall be waived for residents over | ||||||
4 | 75 years of age. Except as provided under Section 20-45 of the | ||||||
5 | Fish and Aquatic Life Code, the stamp shall be signed by the | ||||||
6 | person or affixed to his license or permit in a space | ||||||
7 | designated by the Department for that purpose. | ||||||
8 | Each applicant for a State Habitat Stamp, regardless of | ||||||
9 | his residence or other condition, shall pay a fee of $5 and | ||||||
10 | shall receive a stamp. The fee for a State Habitat Stamp shall | ||||||
11 | be waived for residents over 75 years of age. Except as | ||||||
12 | provided under Section 20-45 of the Fish and Aquatic Life | ||||||
13 | Code, the stamp shall be signed by the person or affixed to his | ||||||
14 | license or permit in a space designated by the Department for | ||||||
15 | that purpose. | ||||||
16 | Nothing in this Section shall be construed as to require | ||||||
17 | the purchase of more than one State Habitat Stamp by any person | ||||||
18 | in any one license year. | ||||||
19 | The fees for State Pheasant Stamps and State Furbearer | ||||||
20 | Stamps shall be waived for residents over 75 years of age. | ||||||
21 | The Department shall furnish the holders of hunting | ||||||
22 | licenses and stamps with an insignia as evidence of possession | ||||||
23 | of license, or license and stamp, as the Department may | ||||||
24 | consider advisable. The insignia shall be exhibited and used | ||||||
25 | as the Department may order. | ||||||
26 | All other hunting licenses and all State stamps shall |
| |||||||
| |||||||
1 | expire upon March 31 of each year. Three-year hunting licenses | ||||||
2 | shall expire on March 31 of the 2nd year after the year in | ||||||
3 | which the license is issued. | ||||||
4 | Every person holding any license, permit, or stamp issued | ||||||
5 | under the provisions of this Act shall have it in his | ||||||
6 | possession for immediate presentation for inspection to the | ||||||
7 | officers and authorized employees of the Department, any | ||||||
8 | sheriff, deputy sheriff, or any other peace officer making a | ||||||
9 | demand for it. This provision shall not apply to Department | ||||||
10 | owned or managed sites where it is required that all hunters | ||||||
11 | deposit their license or , permit , or Firearm Owner's | ||||||
12 | Identification Card at the check station upon entering the | ||||||
13 | hunting areas. | ||||||
14 | For the purposes of this Section, "acceptable | ||||||
15 | verification" means official documentation from the Department | ||||||
16 | of Defense or the appropriate Major Command showing | ||||||
17 | mobilization dates or service abroad dates, including: (i) a | ||||||
18 | DD-214, (ii) a letter from the Illinois Department of Military | ||||||
19 | Affairs for members of the Illinois National Guard, (iii) a | ||||||
20 | letter from the Regional Reserve Command for members of the | ||||||
21 | Armed Forces Reserve, (iv) a letter from the Major Command | ||||||
22 | covering Illinois for active duty members, (v) personnel | ||||||
23 | records for mobilized State employees, and (vi) any other | ||||||
24 | documentation that the Department, by administrative rule, | ||||||
25 | deems acceptable to establish dates of mobilization or service | ||||||
26 | abroad. |
| |||||||
| |||||||
1 | For the purposes of this Section, the term "service | ||||||
2 | abroad" means active duty service outside of the 50 United | ||||||
3 | States and the District of Columbia, and includes all active | ||||||
4 | duty service in territories and possessions of the United | ||||||
5 | States. | ||||||
6 | (Source: P.A. 102-780, eff. 5-13-22; 103-456, eff. 1-1-24 .) | ||||||
7 | (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a) | ||||||
8 | Sec. 3.2a. Every person holding any license, permit or | ||||||
9 | stamp issued under the provisions hereof shall have it in his | ||||||
10 | possession for immediate presentation for inspection to the | ||||||
11 | officers and authorized employees of the Department, any | ||||||
12 | sheriff, deputy sheriff or any other peace officer making a | ||||||
13 | demand for it. This provision shall not apply to Department | ||||||
14 | owned or managed sites where it is required that all hunters | ||||||
15 | deposit their license or , permit or Firearm Owner's | ||||||
16 | Identification Card at the check station upon entering the | ||||||
17 | hunting areas. | ||||||
18 | (Source: P.A. 85-152.) | ||||||
19 | Section 155. The Illinois Vehicle Code is amended by | ||||||
20 | changing Section 2-116 as follows: | ||||||
21 | (625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116) | ||||||
22 | Sec. 2-116. Secretary of State Department of Police. | ||||||
23 | (a) The Secretary of State and the officers, inspectors, |
| |||||||
| |||||||
1 | and investigators appointed by him shall cooperate with the | ||||||
2 | Illinois State Police and the sheriffs and police in enforcing | ||||||
3 | the laws regulating the operation of vehicles and the use of | ||||||
4 | the highways. | ||||||
5 | (b) The Secretary of State may provide training and | ||||||
6 | education for members of his office in traffic regulation, the | ||||||
7 | promotion of traffic safety and the enforcement of laws vested | ||||||
8 | in the Secretary of State for administration and enforcement | ||||||
9 | regulating the operation of vehicles and the use of the | ||||||
10 | highways. | ||||||
11 | (c) The Secretary of State may provide distinctive | ||||||
12 | uniforms and badges for officers, inspectors and investigators | ||||||
13 | employed in the administration of laws relating to the | ||||||
14 | operation of vehicles and the use of the highways and vesting | ||||||
15 | the administration and enforcement of such laws in the | ||||||
16 | Secretary of State. | ||||||
17 | (c-5) The Director of the Secretary of State Department of | ||||||
18 | Police shall establish a program to allow a Secretary of State | ||||||
19 | Police officer, inspector, or investigator who is honorably | ||||||
20 | retiring in good standing to purchase either one or both of the | ||||||
21 | following: (1) any Secretary of State Department of Police | ||||||
22 | badge previously issued to that officer, inspector, or | ||||||
23 | investigator; or (2) if the officer, inspector, or | ||||||
24 | investigator has a currently valid Firearm Owner's | ||||||
25 | Identification Card, the service firearm issued or previously | ||||||
26 | issued to the officer, inspector, or investigator by the |
| |||||||
| |||||||
1 | Secretary of State Department of Police. The cost of the | ||||||
2 | firearm shall be the replacement value of the firearm and not | ||||||
3 | the firearm's fair market value. | ||||||
4 | (d) The Secretary of State Department of Police is | ||||||
5 | authorized to: | ||||||
6 | (1) investigate the origins, activities, persons, and | ||||||
7 | incidents of crime and the ways and means, if any, to | ||||||
8 | redress the victims of crimes, and study the impact, if | ||||||
9 | any, of legislation relative to the criminal laws of this | ||||||
10 | State related thereto and conduct any other investigations | ||||||
11 | as may be provided by law; | ||||||
12 | (2) employ skilled experts, technicians, | ||||||
13 | investigators, special agents, or otherwise specially | ||||||
14 | qualified persons to aid in preventing or detecting crime, | ||||||
15 | apprehending criminals, or preparing and presenting | ||||||
16 | evidence of violations of the criminal laws of the State; | ||||||
17 | (3) cooperate with the police of cities, villages, and | ||||||
18 | incorporated towns, and with the police officers of any | ||||||
19 | county, in enforcing the laws of the State and in making | ||||||
20 | arrests; | ||||||
21 | (4) provide, as may be required by law, assistance to | ||||||
22 | local law enforcement agencies through training, | ||||||
23 | management, and consultant services for local law | ||||||
24 | enforcement agencies, pertaining to law enforcement | ||||||
25 | activities; | ||||||
26 | (5) exercise the rights, powers, and duties which have |
| |||||||
| |||||||
1 | been vested in it by the Secretary of State Act and this | ||||||
2 | Code; and | ||||||
3 | (6) enforce and administer any other laws in relation | ||||||
4 | to law enforcement as may be vested in the Secretary of | ||||||
5 | State Department of Police. | ||||||
6 | Persons within the Secretary of State Department of Police | ||||||
7 | who exercise these powers are conservators of the peace and | ||||||
8 | have all the powers possessed by policemen in municipalities | ||||||
9 | and sheriffs, and may exercise these powers anywhere in the | ||||||
10 | State in cooperation with local law enforcement officials. | ||||||
11 | These persons may use false or fictitious names in the | ||||||
12 | performance of their duties under this Section, upon approval | ||||||
13 | of the Director of Police-Secretary of State, and shall not be | ||||||
14 | subject to prosecution under the criminal laws for that use. | ||||||
15 | (e) The Secretary of State Department of Police may | ||||||
16 | charge, collect, and receive fees or moneys equivalent to the | ||||||
17 | cost of providing its personnel, equipment, and services to | ||||||
18 | governmental agencies when explicitly requested by a | ||||||
19 | governmental agency and according to an intergovernmental | ||||||
20 | agreement or memorandums of understanding as provided by this | ||||||
21 | Section, including but not limited to fees or moneys | ||||||
22 | equivalent to the cost of providing training to other | ||||||
23 | governmental agencies on terms and conditions that in the | ||||||
24 | judgment of the Director of Police-Secretary of State are in | ||||||
25 | the best interest of the Secretary of State. All fees received | ||||||
26 | by the Secretary of State Police Department under this Act |
| |||||||
| |||||||
1 | shall be deposited in a special fund in the State Treasury to | ||||||
2 | be known as the Secretary of State Police Services Fund. The | ||||||
3 | money deposited in the Secretary of State Police Services Fund | ||||||
4 | shall be appropriated to the Secretary of State Department of | ||||||
5 | Police as provided for in subsection (g). | ||||||
6 | (f) The Secretary of State Department of Police may apply | ||||||
7 | for grants or contracts and receive, expend, allocate, or | ||||||
8 | disburse moneys made available by public or private entities, | ||||||
9 | including, but not limited to, contracts, bequests, grants, or | ||||||
10 | receiving equipment from corporations, foundations, or public | ||||||
11 | or private institutions of higher learning. | ||||||
12 | (g) The Secretary of State Police Services Fund is hereby | ||||||
13 | created as a special fund in the State Treasury. All moneys | ||||||
14 | received under this Section by the Secretary of State | ||||||
15 | Department of Police shall be deposited into the Secretary of | ||||||
16 | State Police Services Fund to be appropriated to the Secretary | ||||||
17 | of State Department of Police for purposes as indicated by the | ||||||
18 | grantor or contractor or, in the case of moneys bequeathed or | ||||||
19 | granted for no specific purpose, for any purpose as deemed | ||||||
20 | appropriate by the Director of Police-Secretary of State in | ||||||
21 | administering the responsibilities of the Secretary of State | ||||||
22 | Department of Police. | ||||||
23 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
24 | Section 160. The Criminal Code of 2012 is amended by | ||||||
25 | changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1, |
| |||||||
| |||||||
1 | 24-1.1, 24-1.6, 24-1.8, 24-1.9, 24-1.10, 24-2, 24-3, 24-3.1, | ||||||
2 | 24-3.2, 24-3.4, 24-3.5, 24-3B, 24-4.1, 24-5.1, and 24-9 and | ||||||
3 | adding Section 24-4.5 as follows: | ||||||
4 | (720 ILCS 5/2-7.1) | ||||||
5 | Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition". | ||||||
6 | "Firearm "Firearm" and "firearm ammunition" means any | ||||||
7 | self-contained cartridge or shotgun shell, by whatever name | ||||||
8 | known, which is designed to be used or adaptable to use in a | ||||||
9 | firearm; excluding, however: | ||||||
10 | (1) any ammunition exclusively designed for use with a | ||||||
11 | device used exclusively for signaling or safety and required | ||||||
12 | or recommended by the United States Coast Guard or the | ||||||
13 | Interstate Commerce Commission; and | ||||||
14 | (2) any ammunition designed exclusively for use with a | ||||||
15 | stud or rivet driver or other similar industrial ammunition | ||||||
16 | have the meanings ascribed to them in Section 1.1 of the | ||||||
17 | Firearm Owners Identification Card Act . | ||||||
18 | (Source: P.A. 91-544, eff. 1-1-00.) | ||||||
19 | (720 ILCS 5/2-7.5) | ||||||
20 | Sec. 2-7.5. "Firearm". Except as otherwise provided in a | ||||||
21 | specific Section, "firearm" means any device, by whatever name | ||||||
22 | known, which is designed to expel a projectile or projectiles | ||||||
23 | by the action of an explosion, expansion of gas or escape of | ||||||
24 | gas; excluding, however: |
| |||||||
| |||||||
1 | (1) any pneumatic gun, spring gun, paint ball gun, or B-B | ||||||
2 | gun which expels a single globular projectile not exceeding | ||||||
3 | .18 inch in diameter or which has a maximum muzzle velocity of | ||||||
4 | less than 700 feet per second; | ||||||
5 | (1.1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
6 | B-B gun which expels breakable paint balls containing washable | ||||||
7 | marking colors; | ||||||
8 | (2) any device used exclusively for signaling or safety | ||||||
9 | and required or recommended by the United States Coast Guard | ||||||
10 | or the Interstate Commerce Commission; | ||||||
11 | (3) any device used exclusively for the firing of stud | ||||||
12 | cartridges, explosive rivets, or similar industrial | ||||||
13 | ammunition; and | ||||||
14 | (4) an antique firearm (other than a machine-gun) which, | ||||||
15 | although designed as a weapon, the Illinois State Police finds | ||||||
16 | by reason of the date of its manufacture, value, design, and | ||||||
17 | other characteristics is primarily a collector's item and is | ||||||
18 | not likely to be used as a weapon has the meaning ascribed to | ||||||
19 | it in Section 1.1 of the Firearm Owners Identification Card | ||||||
20 | Act . | ||||||
21 | (Source: P.A. 95-331, eff. 8-21-07.) | ||||||
22 | (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4) | ||||||
23 | Sec. 12-3.05. Aggravated battery. | ||||||
24 | (a) Offense based on injury. A person commits aggravated | ||||||
25 | battery when, in committing a battery, other than by the |
| |||||||
| |||||||
1 | discharge of a firearm, he or she knowingly does any of the | ||||||
2 | following: | ||||||
3 | (1) Causes great bodily harm or permanent disability | ||||||
4 | or disfigurement. | ||||||
5 | (2) Causes severe and permanent disability, great | ||||||
6 | bodily harm, or disfigurement by means of a caustic or | ||||||
7 | flammable substance, a poisonous gas, a deadly biological | ||||||
8 | or chemical contaminant or agent, a radioactive substance, | ||||||
9 | or a bomb or explosive compound. | ||||||
10 | (3) Causes great bodily harm or permanent disability | ||||||
11 | or disfigurement to an individual whom the person knows to | ||||||
12 | be a peace officer, community policing volunteer, fireman, | ||||||
13 | private security officer, correctional institution | ||||||
14 | employee, or Department of Human Services employee | ||||||
15 | supervising or controlling sexually dangerous persons or | ||||||
16 | sexually violent persons: | ||||||
17 | (i) performing his or her official duties; | ||||||
18 | (ii) battered to prevent performance of his or her | ||||||
19 | official duties; or | ||||||
20 | (iii) battered in retaliation for performing his | ||||||
21 | or her official duties. | ||||||
22 | (4) Causes great bodily harm or permanent disability | ||||||
23 | or disfigurement to an individual 60 years of age or | ||||||
24 | older. | ||||||
25 | (5) Strangles another individual. | ||||||
26 | (b) Offense based on injury to a child or person with an |
| |||||||
| |||||||
1 | intellectual disability. A person who is at least 18 years of | ||||||
2 | age commits aggravated battery when, in committing a battery, | ||||||
3 | he or she knowingly and without legal justification by any | ||||||
4 | means: | ||||||
5 | (1) causes great bodily harm or permanent disability | ||||||
6 | or disfigurement to any child under the age of 13 years, or | ||||||
7 | to any person with a severe or profound intellectual | ||||||
8 | disability; or | ||||||
9 | (2) causes bodily harm or disability or disfigurement | ||||||
10 | to any child under the age of 13 years or to any person | ||||||
11 | with a severe or profound intellectual disability. | ||||||
12 | (c) Offense based on location of conduct. A person commits | ||||||
13 | aggravated battery when, in committing a battery, other than | ||||||
14 | by the discharge of a firearm, he or she is or the person | ||||||
15 | battered is on or about a public way, public property, a public | ||||||
16 | place of accommodation or amusement, a sports venue, or a | ||||||
17 | domestic violence shelter, or in a church, synagogue, mosque, | ||||||
18 | or other building, structure, or place used for religious | ||||||
19 | worship. | ||||||
20 | (d) Offense based on status of victim. A person commits | ||||||
21 | aggravated battery when, in committing a battery, other than | ||||||
22 | by discharge of a firearm, he or she knows the individual | ||||||
23 | battered to be any of the following: | ||||||
24 | (1) A person 60 years of age or older. | ||||||
25 | (2) A person who is pregnant or has a physical | ||||||
26 | disability. |
| |||||||
| |||||||
1 | (3) A teacher or school employee upon school grounds | ||||||
2 | or grounds adjacent to a school or in any part of a | ||||||
3 | building used for school purposes. | ||||||
4 | (4) A peace officer, community policing volunteer, | ||||||
5 | fireman, private security officer, correctional | ||||||
6 | institution employee, or Department of Human Services | ||||||
7 | employee supervising or controlling sexually dangerous | ||||||
8 | persons or sexually violent persons: | ||||||
9 | (i) performing his or her official duties; | ||||||
10 | (ii) battered to prevent performance of his or her | ||||||
11 | official duties; or | ||||||
12 | (iii) battered in retaliation for performing his | ||||||
13 | or her official duties. | ||||||
14 | (5) A judge, emergency management worker, emergency | ||||||
15 | medical services personnel, or utility worker: | ||||||
16 | (i) performing his or her official duties; | ||||||
17 | (ii) battered to prevent performance of his or her | ||||||
18 | official duties; or | ||||||
19 | (iii) battered in retaliation for performing his | ||||||
20 | or her official duties. | ||||||
21 | (6) An officer or employee of the State of Illinois, a | ||||||
22 | unit of local government, or a school district, while | ||||||
23 | performing his or her official duties. | ||||||
24 | (7) A transit employee performing his or her official | ||||||
25 | duties, or a transit passenger. | ||||||
26 | (8) A taxi driver on duty. |
| |||||||
| |||||||
1 | (9) A merchant who detains the person for an alleged | ||||||
2 | commission of retail theft under Section 16-26 of this | ||||||
3 | Code and the person without legal justification by any | ||||||
4 | means causes bodily harm to the merchant. | ||||||
5 | (10) A person authorized to serve process under | ||||||
6 | Section 2-202 of the Code of Civil Procedure or a special | ||||||
7 | process server appointed by the circuit court while that | ||||||
8 | individual is in the performance of his or her duties as a | ||||||
9 | process server. | ||||||
10 | (11) A nurse while in the performance of his or her | ||||||
11 | duties as a nurse. | ||||||
12 | (12) A merchant: (i) while performing his or her | ||||||
13 | duties, including, but not limited to, relaying directions | ||||||
14 | for healthcare or safety from his or her supervisor or | ||||||
15 | employer or relaying health or safety guidelines, | ||||||
16 | recommendations, regulations, or rules from a federal, | ||||||
17 | State, or local public health agency; and (ii) during a | ||||||
18 | disaster declared by the Governor, or a state of emergency | ||||||
19 | declared by the mayor of the municipality in which the | ||||||
20 | merchant is located, due to a public health emergency and | ||||||
21 | for a period of 6 months after such declaration. | ||||||
22 | (e) Offense based on use of a firearm. A person commits | ||||||
23 | aggravated battery when, in committing a battery, he or she | ||||||
24 | knowingly does any of the following: | ||||||
25 | (1) Discharges a firearm, other than a machine gun or | ||||||
26 | a firearm equipped with a silencer, and causes any injury |
| |||||||
| |||||||
1 | to another person. | ||||||
2 | (2) Discharges a firearm, other than a machine gun or | ||||||
3 | a firearm equipped with a silencer, and causes any injury | ||||||
4 | to a person he or she knows to be a peace officer, | ||||||
5 | community policing volunteer, person summoned by a police | ||||||
6 | officer, fireman, private security officer, correctional | ||||||
7 | institution employee, or emergency management worker: | ||||||
8 | (i) performing his or her official duties; | ||||||
9 | (ii) battered to prevent performance of his or her | ||||||
10 | official duties; or | ||||||
11 | (iii) battered in retaliation for performing his | ||||||
12 | or her official duties. | ||||||
13 | (3) Discharges a firearm, other than a machine gun or | ||||||
14 | a firearm equipped with a silencer, and causes any injury | ||||||
15 | to a person he or she knows to be emergency medical | ||||||
16 | services personnel: | ||||||
17 | (i) performing his or her official duties; | ||||||
18 | (ii) battered to prevent performance of his or her | ||||||
19 | official duties; or | ||||||
20 | (iii) battered in retaliation for performing his | ||||||
21 | or her official duties. | ||||||
22 | (4) Discharges a firearm and causes any injury to a | ||||||
23 | person he or she knows to be a teacher, a student in a | ||||||
24 | school, or a school employee, and the teacher, student, or | ||||||
25 | employee is upon school grounds or grounds adjacent to a | ||||||
26 | school or in any part of a building used for school |
| |||||||
| |||||||
1 | purposes. | ||||||
2 | (5) Discharges a machine gun or a firearm equipped | ||||||
3 | with a silencer, and causes any injury to another person. | ||||||
4 | (6) Discharges a machine gun or a firearm equipped | ||||||
5 | with a silencer, and causes any injury to a person he or | ||||||
6 | she knows to be a peace officer, community policing | ||||||
7 | volunteer, person summoned by a police officer, fireman, | ||||||
8 | private security officer, correctional institution | ||||||
9 | employee or emergency management worker: | ||||||
10 | (i) performing his or her official duties; | ||||||
11 | (ii) battered to prevent performance of his or her | ||||||
12 | official duties; or | ||||||
13 | (iii) battered in retaliation for performing his | ||||||
14 | or her official duties. | ||||||
15 | (7) Discharges a machine gun or a firearm equipped | ||||||
16 | with a silencer, and causes any injury to a person he or | ||||||
17 | she knows to be emergency medical services personnel: | ||||||
18 | (i) performing his or her official duties; | ||||||
19 | (ii) battered to prevent performance of his or her | ||||||
20 | official duties; or | ||||||
21 | (iii) battered in retaliation for performing his | ||||||
22 | or her official duties. | ||||||
23 | (8) Discharges a machine gun or a firearm equipped | ||||||
24 | with a silencer, and causes any injury to a person he or | ||||||
25 | she knows to be a teacher, or a student in a school, or a | ||||||
26 | school employee, and the teacher, student, or employee is |
| |||||||
| |||||||
1 | upon school grounds or grounds adjacent to a school or in | ||||||
2 | any part of a building used for school purposes. | ||||||
3 | (f) Offense based on use of a weapon or device. A person | ||||||
4 | commits aggravated battery when, in committing a battery, he | ||||||
5 | or she does any of the following: | ||||||
6 | (1) Uses a deadly weapon other than by discharge of a | ||||||
7 | firearm, or uses an air rifle as defined in Section | ||||||
8 | 24.8-0.1 of this Code. | ||||||
9 | (2) Wears a hood, robe, or mask to conceal his or her | ||||||
10 | identity. | ||||||
11 | (3) Knowingly and without lawful justification shines | ||||||
12 | or flashes a laser gunsight or other laser device attached | ||||||
13 | to a firearm, or used in concert with a firearm, so that | ||||||
14 | the laser beam strikes upon or against the person of | ||||||
15 | another. | ||||||
16 | (4) Knowingly video or audio records the offense with | ||||||
17 | the intent to disseminate the recording. | ||||||
18 | (g) Offense based on certain conduct. A person commits | ||||||
19 | aggravated battery when, other than by discharge of a firearm, | ||||||
20 | he or she does any of the following: | ||||||
21 | (1) Violates Section 401 of the Illinois Controlled | ||||||
22 | Substances Act by unlawfully delivering a controlled | ||||||
23 | substance to another and any user experiences great bodily | ||||||
24 | harm or permanent disability as a result of the injection, | ||||||
25 | inhalation, or ingestion of any amount of the controlled | ||||||
26 | substance. |
| |||||||
| |||||||
1 | (2) Knowingly administers to an individual or causes | ||||||
2 | him or her to take, without his or her consent or by threat | ||||||
3 | or deception, and for other than medical purposes, any | ||||||
4 | intoxicating, poisonous, stupefying, narcotic, | ||||||
5 | anesthetic, or controlled substance, or gives to another | ||||||
6 | person any food containing any substance or object | ||||||
7 | intended to cause physical injury if eaten. | ||||||
8 | (3) Knowingly causes or attempts to cause a | ||||||
9 | correctional institution employee or Department of Human | ||||||
10 | Services employee to come into contact with blood, seminal | ||||||
11 | fluid, urine, or feces by throwing, tossing, or expelling | ||||||
12 | the fluid or material, and the person is an inmate of a | ||||||
13 | penal institution or is a sexually dangerous person or | ||||||
14 | sexually violent person in the custody of the Department | ||||||
15 | of Human Services. | ||||||
16 | (h) Sentence. Unless otherwise provided, aggravated | ||||||
17 | battery is a Class 3 felony. | ||||||
18 | Aggravated battery as defined in subdivision (a)(4), | ||||||
19 | (d)(4), or (g)(3) is a Class 2 felony. | ||||||
20 | Aggravated battery as defined in subdivision (a)(3) or | ||||||
21 | (g)(1) is a Class 1 felony. | ||||||
22 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
23 | Class 1 felony when the aggravated battery was intentional and | ||||||
24 | involved the infliction of torture, as defined in paragraph | ||||||
25 | (10) of subsection (b-5) of Section 5-8-1 of the Unified Code | ||||||
26 | of Corrections, as the infliction of or subjection to extreme |
| |||||||
| |||||||
1 | physical pain, motivated by an intent to increase or prolong | ||||||
2 | the pain, suffering, or agony of the victim. | ||||||
3 | Aggravated battery as defined in subdivision (a)(1) is a | ||||||
4 | Class 2 felony when the person causes great bodily harm or | ||||||
5 | permanent disability to an individual whom the person knows to | ||||||
6 | be a member of a congregation engaged in prayer or other | ||||||
7 | religious activities at a church, synagogue, mosque, or other | ||||||
8 | building, structure, or place used for religious worship. | ||||||
9 | Aggravated battery under subdivision (a)(5) is a Class 1 | ||||||
10 | felony if: | ||||||
11 | (A) the person used or attempted to use a dangerous | ||||||
12 | instrument while committing the offense; | ||||||
13 | (B) the person caused great bodily harm or permanent | ||||||
14 | disability or disfigurement to the other person while | ||||||
15 | committing the offense; or | ||||||
16 | (C) the person has been previously convicted of a | ||||||
17 | violation of subdivision (a)(5) under the laws of this | ||||||
18 | State or laws similar to subdivision (a)(5) of any other | ||||||
19 | state. | ||||||
20 | Aggravated battery as defined in subdivision (e)(1) is a | ||||||
21 | Class X felony. | ||||||
22 | Aggravated battery as defined in subdivision (a)(2) is a | ||||||
23 | Class X felony for which a person shall be sentenced to a term | ||||||
24 | of imprisonment of a minimum of 6 years and a maximum of 45 | ||||||
25 | years. | ||||||
26 | Aggravated battery as defined in subdivision (e)(5) is a |
| |||||||
| |||||||
1 | Class X felony for which a person shall be sentenced to a term | ||||||
2 | of imprisonment of a minimum of 12 years and a maximum of 45 | ||||||
3 | years. | ||||||
4 | Aggravated battery as defined in subdivision (e)(2), | ||||||
5 | (e)(3), or (e)(4) is a Class X felony for which a person shall | ||||||
6 | be sentenced to a term of imprisonment of a minimum of 15 years | ||||||
7 | and a maximum of 60 years. | ||||||
8 | Aggravated battery as defined in subdivision (e)(6), | ||||||
9 | (e)(7), or (e)(8) is a Class X felony for which a person shall | ||||||
10 | be sentenced to a term of imprisonment of a minimum of 20 years | ||||||
11 | and a maximum of 60 years. | ||||||
12 | Aggravated battery as defined in subdivision (b)(1) is a | ||||||
13 | Class X felony, except that: | ||||||
14 | (1) if the person committed the offense while armed | ||||||
15 | with a firearm, 15 years shall be added to the term of | ||||||
16 | imprisonment imposed by the court; | ||||||
17 | (2) if, during the commission of the offense, the | ||||||
18 | person personally discharged a firearm, 20 years shall be | ||||||
19 | added to the term of imprisonment imposed by the court; | ||||||
20 | (3) if, during the commission of the offense, the | ||||||
21 | person personally discharged a firearm that proximately | ||||||
22 | caused great bodily harm, permanent disability, permanent | ||||||
23 | disfigurement, or death to another person, 25 years or up | ||||||
24 | to a term of natural life shall be added to the term of | ||||||
25 | imprisonment imposed by the court. | ||||||
26 | (i) Definitions. In this Section: |
| |||||||
| |||||||
1 | "Building or other structure used to provide shelter" has | ||||||
2 | the meaning ascribed to "shelter" in Section 1 of the Domestic | ||||||
3 | Violence Shelters Act. | ||||||
4 | "Domestic violence" has the meaning ascribed to it in | ||||||
5 | Section 103 of the Illinois Domestic Violence Act of 1986. | ||||||
6 | "Domestic violence shelter" means any building or other | ||||||
7 | structure used to provide shelter or other services to victims | ||||||
8 | or to the dependent children of victims of domestic violence | ||||||
9 | pursuant to the Illinois Domestic Violence Act of 1986 or the | ||||||
10 | Domestic Violence Shelters Act, or any place within 500 feet | ||||||
11 | of such a building or other structure in the case of a person | ||||||
12 | who is going to or from such a building or other structure. | ||||||
13 | "Firearm" has the meaning provided under Section 2-7.5 of | ||||||
14 | this Code 1.1 of the Firearm Owners Identification Card Act , | ||||||
15 | and does not include an air rifle as defined by Section | ||||||
16 | 24.8-0.1 of this Code. | ||||||
17 | "Machine gun" has the meaning ascribed to it in Section | ||||||
18 | 24-1 of this Code. | ||||||
19 | "Merchant" has the meaning ascribed to it in Section | ||||||
20 | 16-0.1 of this Code. | ||||||
21 | "Strangle" means intentionally impeding the normal | ||||||
22 | breathing or circulation of the blood of an individual by | ||||||
23 | applying pressure on the throat or neck of that individual or | ||||||
24 | by blocking the nose or mouth of that individual. | ||||||
25 | (Source: P.A. 103-51, eff. 1-1-24 .) |
| |||||||
| |||||||
1 | (720 ILCS 5/16-0.1) | ||||||
2 | Sec. 16-0.1. Definitions. In this Article, unless the | ||||||
3 | context clearly requires otherwise, the following terms are | ||||||
4 | defined as indicated: | ||||||
5 | "Access" means to use, instruct, communicate with, store | ||||||
6 | data in, retrieve or intercept data from, or otherwise utilize | ||||||
7 | any services of a computer. | ||||||
8 | "Coin-operated machine" includes any automatic vending | ||||||
9 | machine or any part thereof, parking meter, coin telephone, | ||||||
10 | coin-operated transit turnstile, transit fare box, coin | ||||||
11 | laundry machine, coin dry cleaning machine, amusement machine, | ||||||
12 | music machine, vending machine dispensing goods or services, | ||||||
13 | or money changer. | ||||||
14 | "Communication device" means any type of instrument, | ||||||
15 | device, machine, or equipment which is capable of | ||||||
16 | transmitting, acquiring, decrypting, or receiving any | ||||||
17 | telephonic, electronic, data, Internet access, audio, video, | ||||||
18 | microwave, or radio transmissions, signals, communications, or | ||||||
19 | services, including the receipt, acquisition, transmission, or | ||||||
20 | decryption of all such communications, transmissions, signals, | ||||||
21 | or services provided by or through any cable television, fiber | ||||||
22 | optic, telephone, satellite, microwave, radio, Internet-based, | ||||||
23 | data transmission, or wireless distribution network, system or | ||||||
24 | facility; or any part, accessory, or component thereof, | ||||||
25 | including any computer circuit, security module, smart card, | ||||||
26 | software, computer chip, electronic mechanism or other |
| |||||||
| |||||||
1 | component, accessory or part of any communication device which | ||||||
2 | is capable of facilitating the transmission, decryption, | ||||||
3 | acquisition or reception of all such communications, | ||||||
4 | transmissions, signals, or services. | ||||||
5 | "Communication service" means any service lawfully | ||||||
6 | provided for a charge or compensation to facilitate the lawful | ||||||
7 | origination, transmission, emission, or reception of signs, | ||||||
8 | signals, data, writings, images, and sounds or intelligence of | ||||||
9 | any nature by telephone, including cellular telephones or a | ||||||
10 | wire, wireless, radio, electromagnetic, photo-electronic or | ||||||
11 | photo-optical system; and also any service lawfully provided | ||||||
12 | by any radio, telephone, cable television, fiber optic, | ||||||
13 | satellite, microwave, Internet-based or wireless distribution | ||||||
14 | network, system, facility or technology, including, but not | ||||||
15 | limited to, any and all electronic, data, video, audio, | ||||||
16 | Internet access, telephonic, microwave and radio | ||||||
17 | communications, transmissions, signals and services, and any | ||||||
18 | such communications, transmissions, signals and services | ||||||
19 | lawfully provided directly or indirectly by or through any of | ||||||
20 | those networks, systems, facilities or technologies. | ||||||
21 | "Communication service provider" means: (1) any person or | ||||||
22 | entity providing any communication service, whether directly | ||||||
23 | or indirectly, as a reseller, including, but not limited to, a | ||||||
24 | cellular, paging or other wireless communications company or | ||||||
25 | other person or entity which, for a fee, supplies the | ||||||
26 | facility, cell site, mobile telephone switching office or |
| |||||||
| |||||||
1 | other equipment or communication service; (2) any person or | ||||||
2 | entity owning or operating any cable television, fiber optic, | ||||||
3 | satellite, telephone, wireless, microwave, radio, data | ||||||
4 | transmission or Internet-based distribution network, system or | ||||||
5 | facility; and (3) any person or entity providing any | ||||||
6 | communication service directly or indirectly by or through any | ||||||
7 | such distribution system, network or facility. | ||||||
8 | "Computer" means a device that accepts, processes, stores, | ||||||
9 | retrieves or outputs data, and includes but is not limited to | ||||||
10 | auxiliary storage and telecommunications devices connected to | ||||||
11 | computers. | ||||||
12 | "Continuing course of conduct" means a series of acts, and | ||||||
13 | the accompanying mental state necessary for the crime in | ||||||
14 | question, irrespective of whether the series of acts are | ||||||
15 | continuous or intermittent. | ||||||
16 | "Delivery container" means any bakery basket of wire or | ||||||
17 | plastic used to transport or store bread or bakery products, | ||||||
18 | any dairy case of wire or plastic used to transport or store | ||||||
19 | dairy products, and any dolly or cart of 2 or 4 wheels used to | ||||||
20 | transport or store any bakery or dairy product. | ||||||
21 | "Document-making implement" means any implement, | ||||||
22 | impression, template, computer file, computer disc, electronic | ||||||
23 | device, computer hardware, computer software, instrument, or | ||||||
24 | device that is used to make a real or fictitious or fraudulent | ||||||
25 | personal identification document. | ||||||
26 | "Financial transaction device" means any of the following: |
| |||||||
| |||||||
1 | (1) An electronic funds transfer card. | ||||||
2 | (2) A credit card. | ||||||
3 | (3) A debit card. | ||||||
4 | (4) A point-of-sale card. | ||||||
5 | (5) Any instrument, device, card, plate, code, account | ||||||
6 | number, personal identification number, or a record or | ||||||
7 | copy of a code, account number, or personal identification | ||||||
8 | number or other means of access to a credit account or | ||||||
9 | deposit account, or a driver's license or State | ||||||
10 | identification card used to access a proprietary account, | ||||||
11 | other than access originated solely by a paper instrument, | ||||||
12 | that can be used alone or in conjunction with another | ||||||
13 | access device, for any of the following purposes: | ||||||
14 | (A) Obtaining money, cash refund or credit | ||||||
15 | account, credit, goods, services, or any other thing | ||||||
16 | of value. | ||||||
17 | (B) Certifying or guaranteeing to a person or | ||||||
18 | business the availability to the device holder of | ||||||
19 | funds on deposit to honor a draft or check payable to | ||||||
20 | the order of that person or business. | ||||||
21 | (C) Providing the device holder access to a | ||||||
22 | deposit account for the purpose of making deposits, | ||||||
23 | withdrawing funds, transferring funds between deposit | ||||||
24 | accounts, obtaining information pertaining to a | ||||||
25 | deposit account, or making an electronic funds | ||||||
26 | transfer. |
| |||||||
| |||||||
1 | "Full retail value" means the merchant's stated or | ||||||
2 | advertised price of the merchandise. "Full retail value" | ||||||
3 | includes the aggregate value of property obtained from retail | ||||||
4 | thefts committed by the same person as part of a continuing | ||||||
5 | course of conduct from one or more mercantile establishments | ||||||
6 | in a single transaction or in separate transactions over a | ||||||
7 | period of one year. | ||||||
8 | "Internet" means an interactive computer service or system | ||||||
9 | or an information service, system, or access software provider | ||||||
10 | that provides or enables computer access by multiple users to | ||||||
11 | a computer server, and includes, but is not limited to, an | ||||||
12 | information service, system, or access software provider that | ||||||
13 | provides access to a network system commonly known as the | ||||||
14 | Internet, or any comparable system or service and also | ||||||
15 | includes, but is not limited to, a World Wide Web page, | ||||||
16 | newsgroup, message board, mailing list, or chat area on any | ||||||
17 | interactive computer service or system or other online | ||||||
18 | service. | ||||||
19 | "Library card" means a card or plate issued by a library | ||||||
20 | facility for purposes of identifying the person to whom the | ||||||
21 | library card was issued as authorized to borrow library | ||||||
22 | material, subject to all limitations and conditions imposed on | ||||||
23 | the borrowing by the library facility issuing such card. | ||||||
24 | "Library facility" includes any public library or museum, | ||||||
25 | or any library or museum of an educational, historical or | ||||||
26 | eleemosynary institution, organization or society. |
| |||||||
| |||||||
1 | "Library material" includes any book, plate, picture, | ||||||
2 | photograph, engraving, painting, sculpture, statue, artifact, | ||||||
3 | drawing, map, newspaper, pamphlet, broadside, magazine, | ||||||
4 | manuscript, document, letter, microfilm, sound recording, | ||||||
5 | audiovisual material, magnetic or other tape, electronic data | ||||||
6 | processing record or other documentary, written or printed | ||||||
7 | material regardless of physical form or characteristics, or | ||||||
8 | any part thereof, belonging to, or on loan to or otherwise in | ||||||
9 | the custody of a library facility. | ||||||
10 | "Manufacture or assembly of an unlawful access device" | ||||||
11 | means to make, produce or assemble an unlawful access device | ||||||
12 | or to modify, alter, program or re-program any instrument, | ||||||
13 | device, machine, equipment or software so that it is capable | ||||||
14 | of defeating or circumventing any technology, device or | ||||||
15 | software used by the provider, owner or licensee of a | ||||||
16 | communication service or of any data, audio or video programs | ||||||
17 | or transmissions to protect any such communication, data, | ||||||
18 | audio or video services, programs or transmissions from | ||||||
19 | unauthorized access, acquisition, disclosure, receipt, | ||||||
20 | decryption, communication, transmission or re-transmission. | ||||||
21 | "Manufacture or assembly of an unlawful communication | ||||||
22 | device" means to make, produce or assemble an unlawful | ||||||
23 | communication or wireless device or to modify, alter, program | ||||||
24 | or reprogram a communication or wireless device to be capable | ||||||
25 | of acquiring, disrupting, receiving, transmitting, decrypting, | ||||||
26 | or facilitating the acquisition, disruption, receipt, |
| |||||||
| |||||||
1 | transmission or decryption of, a communication service without | ||||||
2 | the express consent or express authorization of the | ||||||
3 | communication service provider, or to knowingly assist others | ||||||
4 | in those activities. | ||||||
5 | "Master sound recording" means the original physical | ||||||
6 | object on which a given set of sounds were first recorded and | ||||||
7 | which the original object from which all subsequent sound | ||||||
8 | recordings embodying the same set of sounds are directly or | ||||||
9 | indirectly derived. | ||||||
10 | "Merchandise" means any item of tangible personal | ||||||
11 | property, including motor fuel. | ||||||
12 | "Merchant" means an owner or operator of any retail | ||||||
13 | mercantile establishment or any agent, employee, lessee, | ||||||
14 | consignee, officer, director, franchisee, or independent | ||||||
15 | contractor of the owner or operator. "Merchant" also means a | ||||||
16 | person who receives from an authorized user of a payment card, | ||||||
17 | or someone the person believes to be an authorized user, a | ||||||
18 | payment card or information from a payment card, or what the | ||||||
19 | person believes to be a payment card or information from a | ||||||
20 | payment card, as the instrument for obtaining, purchasing or | ||||||
21 | receiving goods, services, money, or anything else of value | ||||||
22 | from the person. | ||||||
23 | "Motor fuel" means a liquid, regardless of its properties, | ||||||
24 | used to propel a vehicle, including gasoline and diesel. | ||||||
25 | "Online" means the use of any electronic or wireless | ||||||
26 | device to access the Internet. |
| |||||||
| |||||||
1 | "Payment card" means a credit card, charge card, debit | ||||||
2 | card, or any other card that is issued to an authorized card | ||||||
3 | user and that allows the user to obtain, purchase, or receive | ||||||
4 | goods, services, money, or anything else of value from a | ||||||
5 | merchant. | ||||||
6 | "Person with a disability" means a person who suffers from | ||||||
7 | a physical or mental impairment resulting from disease, | ||||||
8 | injury, functional disorder or congenital condition that | ||||||
9 | impairs the individual's mental or physical ability to | ||||||
10 | independently manage his or her property or financial | ||||||
11 | resources, or both. | ||||||
12 | "Personal identification document" means a birth | ||||||
13 | certificate, a driver's license, a State identification card, | ||||||
14 | a public, government, or private employment identification | ||||||
15 | card, a social security card, a license issued under the | ||||||
16 | Firearm Concealed Carry Act firearm owner's identification | ||||||
17 | card , a credit card, a debit card, or a passport issued to or | ||||||
18 | on behalf of a person other than the offender, or any document | ||||||
19 | made or issued, or falsely purported to have been made or | ||||||
20 | issued, by or under the authority of the United States | ||||||
21 | Government, the State of Illinois, or any other state | ||||||
22 | political subdivision of any state, or any other governmental | ||||||
23 | or quasi-governmental organization that is of a type intended | ||||||
24 | for the purpose of identification of an individual, or any | ||||||
25 | such document made or altered in a manner that it falsely | ||||||
26 | purports to have been made on behalf of or issued to another |
| |||||||
| |||||||
1 | person or by the authority of one who did not give that | ||||||
2 | authority. | ||||||
3 | "Personal identifying information" means any of the | ||||||
4 | following information: | ||||||
5 | (1) A person's name. | ||||||
6 | (2) A person's address. | ||||||
7 | (3) A person's date of birth. | ||||||
8 | (4) A person's telephone number. | ||||||
9 | (5) A person's driver's license number or State of | ||||||
10 | Illinois identification card as assigned by the Secretary | ||||||
11 | of State of the State of Illinois or a similar agency of | ||||||
12 | another state. | ||||||
13 | (6) A person's social security number. | ||||||
14 | (7) A person's public, private, or government | ||||||
15 | employer, place of employment, or employment | ||||||
16 | identification number. | ||||||
17 | (8) The maiden name of a person's mother. | ||||||
18 | (9) The number assigned to a person's depository | ||||||
19 | account, savings account, or brokerage account. | ||||||
20 | (10) The number assigned to a person's credit or debit | ||||||
21 | card, commonly known as a "Visa Card", "MasterCard", | ||||||
22 | "American Express Card", "Discover Card", or other similar | ||||||
23 | cards whether issued by a financial institution, | ||||||
24 | corporation, or business entity. | ||||||
25 | (11) Personal identification numbers. | ||||||
26 | (12) Electronic identification numbers. |
| |||||||
| |||||||
1 | (13) Digital signals. | ||||||
2 | (14) User names, passwords, and any other word, | ||||||
3 | number, character or combination of the same usable in | ||||||
4 | whole or part to access information relating to a specific | ||||||
5 | individual, or to the actions taken, communications made | ||||||
6 | or received, or other activities or transactions of a | ||||||
7 | specific individual. | ||||||
8 | (15) Any other numbers or information which can be | ||||||
9 | used to access a person's financial resources, or to | ||||||
10 | identify a specific individual, or the actions taken, | ||||||
11 | communications made or received, or other activities or | ||||||
12 | transactions of a specific individual. | ||||||
13 | "Premises of a retail mercantile establishment" includes, | ||||||
14 | but is not limited to, the retail mercantile establishment; | ||||||
15 | any common use areas in shopping centers; and all parking | ||||||
16 | areas set aside by a merchant or on behalf of a merchant for | ||||||
17 | the parking of vehicles for the convenience of the patrons of | ||||||
18 | such retail mercantile establishment. | ||||||
19 | "Public water, gas, or power supply, or other public | ||||||
20 | services" mean any service subject to regulation by the | ||||||
21 | Illinois Commerce Commission; any service furnished by a | ||||||
22 | public utility that is owned and operated by any political | ||||||
23 | subdivision, public institution of higher education or | ||||||
24 | municipal corporation of this State; any service furnished by | ||||||
25 | any public utility that is owned by such political | ||||||
26 | subdivision, public institution of higher education, or |
| |||||||
| |||||||
1 | municipal corporation and operated by any of its lessees or | ||||||
2 | operating agents; any service furnished by an electric | ||||||
3 | cooperative as defined in Section 3.4 of the Electric Supplier | ||||||
4 | Act; or wireless service or other service regulated by the | ||||||
5 | Federal Communications Commission. | ||||||
6 | "Publish" means to communicate or disseminate information | ||||||
7 | to any one or more persons, either orally, in person, or by | ||||||
8 | telephone, radio or television or in writing of any kind, | ||||||
9 | including, without limitation, a letter or memorandum, | ||||||
10 | circular or handbill, newspaper or magazine article or book. | ||||||
11 | "Radio frequency identification device" means any | ||||||
12 | implement, computer file, computer disc, electronic device, | ||||||
13 | computer hardware, computer software, or instrument that is | ||||||
14 | used to activate, read, receive, or decode information stored | ||||||
15 | on a RFID tag or transponder attached to a personal | ||||||
16 | identification document. | ||||||
17 | "RFID tag or transponder" means a chip or device that | ||||||
18 | contains personal identifying information from which the | ||||||
19 | personal identifying information can be read or decoded by | ||||||
20 | another device emitting a radio frequency that activates or | ||||||
21 | powers a radio frequency emission response from the chip or | ||||||
22 | transponder. | ||||||
23 | "Reencoder" means an electronic device that places encoded | ||||||
24 | information from the magnetic strip or stripe of a payment | ||||||
25 | card onto the magnetic strip or stripe of a different payment | ||||||
26 | card. |
| |||||||
| |||||||
1 | "Retail mercantile establishment" means any place where | ||||||
2 | merchandise is displayed, held, stored or offered for sale to | ||||||
3 | the public. | ||||||
4 | "Scanning device" means a scanner, reader, or any other | ||||||
5 | electronic device that is used to access, read, scan, obtain, | ||||||
6 | memorize, or store, temporarily or permanently, information | ||||||
7 | encoded on the magnetic strip or stripe of a payment card. | ||||||
8 | "Shopping cart" means those push carts of the type or | ||||||
9 | types which are commonly provided by grocery stores, drug | ||||||
10 | stores or other retail mercantile establishments for the use | ||||||
11 | of the public in transporting commodities in stores and | ||||||
12 | markets and, incidentally, from the stores to a place outside | ||||||
13 | the store. | ||||||
14 | "Sound or audio visual recording" means any sound or audio | ||||||
15 | visual phonograph record, disc, pre-recorded tape, film, wire, | ||||||
16 | magnetic tape or other object, device or medium, now known or | ||||||
17 | hereafter invented, by which sounds or images may be | ||||||
18 | reproduced with or without the use of any additional machine, | ||||||
19 | equipment or device. | ||||||
20 | "Stored value card" means any card, gift card, instrument, | ||||||
21 | or device issued with or without fee for the use of the | ||||||
22 | cardholder to obtain money, goods, services, or anything else | ||||||
23 | of value. Stored value cards include, but are not limited to, | ||||||
24 | cards issued for use as a stored value card or gift card, and | ||||||
25 | an account identification number or symbol used to identify a | ||||||
26 | stored value card. "Stored value card" does not include a |
| |||||||
| |||||||
1 | prepaid card usable at multiple, unaffiliated merchants or at | ||||||
2 | automated teller machines, or both. "Stored value card" shall | ||||||
3 | only apply to Section 16-25.1 of this Act. | ||||||
4 | "Theft detection device remover" means any tool or device | ||||||
5 | specifically designed and intended to be used to remove any | ||||||
6 | theft detection device from any merchandise. | ||||||
7 | "Under-ring" means to cause the cash register or other | ||||||
8 | sales recording device to reflect less than the full retail | ||||||
9 | value of the merchandise. | ||||||
10 | "Unidentified sound or audio visual recording" means a | ||||||
11 | sound or audio visual recording without the actual name and | ||||||
12 | full and correct street address of the manufacturer, and the | ||||||
13 | name of the actual performers or groups prominently and | ||||||
14 | legibly printed on the outside cover or jacket and on the label | ||||||
15 | of such sound or audio visual recording. | ||||||
16 | "Unlawful access device" means any type of instrument, | ||||||
17 | device, machine, equipment, technology, or software which is | ||||||
18 | primarily possessed, used, designed, assembled, manufactured, | ||||||
19 | sold, distributed or offered, promoted or advertised for the | ||||||
20 | purpose of defeating or circumventing any technology, device | ||||||
21 | or software, or any component or part thereof, used by the | ||||||
22 | provider, owner or licensee of any communication service or of | ||||||
23 | any data, audio or video programs or transmissions to protect | ||||||
24 | any such communication, audio or video services, programs or | ||||||
25 | transmissions from unauthorized access, acquisition, receipt, | ||||||
26 | decryption, disclosure, communication, transmission or |
| |||||||
| |||||||
1 | re-transmission. | ||||||
2 | "Unlawful communication device" means any electronic | ||||||
3 | serial number, mobile identification number, personal | ||||||
4 | identification number or any communication or wireless device | ||||||
5 | that is capable of acquiring or facilitating the acquisition | ||||||
6 | of a communication service without the express consent or | ||||||
7 | express authorization of the communication service provider, | ||||||
8 | or that has been altered, modified, programmed or | ||||||
9 | reprogrammed, alone or in conjunction with another | ||||||
10 | communication or wireless device or other equipment, to so | ||||||
11 | acquire or facilitate the unauthorized acquisition of a | ||||||
12 | communication service. "Unlawful communication device" also | ||||||
13 | means: | ||||||
14 | (1) any phone altered to obtain service without the | ||||||
15 | express consent or express authorization of the | ||||||
16 | communication service provider, tumbler phone, counterfeit | ||||||
17 | or clone phone, tumbler microchip, counterfeit or clone | ||||||
18 | microchip, scanning receiver of wireless communication | ||||||
19 | service or other instrument capable of disguising its | ||||||
20 | identity or location or of gaining unauthorized access to | ||||||
21 | a communications or wireless system operated by a | ||||||
22 | communication service provider; and | ||||||
23 | (2) any communication or wireless device which is | ||||||
24 | capable of, or has been altered, designed, modified, | ||||||
25 | programmed or reprogrammed, alone or in conjunction with | ||||||
26 | another communication or wireless device or devices, so as |
| |||||||
| |||||||
1 | to be capable of, facilitating the disruption, | ||||||
2 | acquisition, receipt, transmission or decryption of a | ||||||
3 | communication service without the express consent or | ||||||
4 | express authorization of the communication service | ||||||
5 | provider, including, but not limited to, any device, | ||||||
6 | technology, product, service, equipment, computer software | ||||||
7 | or component or part thereof, primarily distributed, sold, | ||||||
8 | designed, assembled, manufactured, modified, programmed, | ||||||
9 | reprogrammed or used for the purpose of providing the | ||||||
10 | unauthorized receipt of, transmission of, disruption of, | ||||||
11 | decryption of, access to or acquisition of any | ||||||
12 | communication service provided by any communication | ||||||
13 | service provider. | ||||||
14 | "Vehicle" means a motor vehicle, motorcycle, or farm | ||||||
15 | implement that is self-propelled and that uses motor fuel for | ||||||
16 | propulsion. | ||||||
17 | "Wireless device" includes any type of instrument, device, | ||||||
18 | machine, or equipment that is capable of transmitting or | ||||||
19 | receiving telephonic, electronic or radio communications, or | ||||||
20 | any part of such instrument, device, machine, or equipment, or | ||||||
21 | any computer circuit, computer chip, electronic mechanism, or | ||||||
22 | other component that is capable of facilitating the | ||||||
23 | transmission or reception of telephonic, electronic, or radio | ||||||
24 | communications. | ||||||
25 | (Source: P.A. 102-757, eff. 5-13-22.) |
| |||||||
| |||||||
1 | (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2) | ||||||
2 | Sec. 17-30. Defaced, altered, or removed manufacturer or | ||||||
3 | owner identification number. | ||||||
4 | (a) Unlawful sale of household appliances. A person | ||||||
5 | commits unlawful sale of household appliances when he or she | ||||||
6 | knowingly, with the intent to defraud or deceive another, | ||||||
7 | keeps for sale, within any commercial context, any household | ||||||
8 | appliance with a missing, defaced, obliterated, or otherwise | ||||||
9 | altered manufacturer's identification number. | ||||||
10 | (b) Construction equipment identification defacement. A | ||||||
11 | person commits construction equipment identification | ||||||
12 | defacement when he or she knowingly changes, alters, removes, | ||||||
13 | mutilates, or obliterates a permanently affixed serial number, | ||||||
14 | product identification number, part number, component | ||||||
15 | identification number, owner-applied identification, or other | ||||||
16 | mark of identification attached to or stamped, inscribed, | ||||||
17 | molded, or etched into a machine or other equipment, whether | ||||||
18 | stationary or mobile or self-propelled, or a part of such | ||||||
19 | machine or equipment, used in the construction, maintenance, | ||||||
20 | or demolition of buildings, structures, bridges, tunnels, | ||||||
21 | sewers, utility pipes or lines, ditches or open cuts, roads, | ||||||
22 | highways, dams, airports, or waterways or in material handling | ||||||
23 | for such projects. | ||||||
24 | The trier of fact may infer that the defendant has | ||||||
25 | knowingly changed, altered, removed, or obliterated the serial | ||||||
26 | number, product identification number, part number, component |
| |||||||
| |||||||
1 | identification number, owner-applied identification number, or | ||||||
2 | other mark of identification, if the defendant was in | ||||||
3 | possession of any machine or other equipment or a part of such | ||||||
4 | machine or equipment used in the construction, maintenance, or | ||||||
5 | demolition of buildings, structures, bridges, tunnels, sewers, | ||||||
6 | utility pipes or lines, ditches or open cuts, roads, highways, | ||||||
7 | dams, airports, or waterways or in material handling for such | ||||||
8 | projects upon which any such serial number, product | ||||||
9 | identification number, part number, component identification | ||||||
10 | number, owner-applied identification number, or other mark of | ||||||
11 | identification has been changed, altered, removed, or | ||||||
12 | obliterated. | ||||||
13 | (c) Defacement of manufacturer's serial number or | ||||||
14 | identification mark. A person commits defacement of a | ||||||
15 | manufacturer's serial number or identification mark when he or | ||||||
16 | she knowingly removes, alters, defaces, covers, or destroys | ||||||
17 | the manufacturer's serial number or any other manufacturer's | ||||||
18 | number or distinguishing identification mark upon any machine | ||||||
19 | or other article of merchandise, other than a motor vehicle as | ||||||
20 | defined in Section 1-146 of the Illinois Vehicle Code or a | ||||||
21 | firearm as defined in the Firearm Owners Identification Card | ||||||
22 | Act , with the intent of concealing or destroying the identity | ||||||
23 | of such machine or other article of merchandise. | ||||||
24 | (d) Sentence. | ||||||
25 | (1) A violation of subsection (a) of this Section is a | ||||||
26 | Class 4 felony if the value of the appliance or appliances |
| |||||||
| |||||||
1 | exceeds $1,000 and a Class B misdemeanor if the value of | ||||||
2 | the appliance or appliances is $1,000 or less. | ||||||
3 | (2) A violation of subsection (b) of this Section is a | ||||||
4 | Class A misdemeanor. | ||||||
5 | (3) A violation of subsection (c) of this Section is a | ||||||
6 | Class B misdemeanor. | ||||||
7 | (e) No liability shall be imposed upon any person for the | ||||||
8 | unintentional failure to comply with subsection (a). | ||||||
9 | (f) Definitions. In this Section: | ||||||
10 | "Commercial context" means a continuing business | ||||||
11 | enterprise conducted for profit by any person whose primary | ||||||
12 | business is the wholesale or retail marketing of household | ||||||
13 | appliances, or a significant portion of whose business or | ||||||
14 | inventory consists of household appliances kept or sold on a | ||||||
15 | wholesale or retail basis. | ||||||
16 | "Household appliance" means any gas or electric device or | ||||||
17 | machine marketed for use as home entertainment or for | ||||||
18 | facilitating or expediting household tasks or chores. The term | ||||||
19 | shall include but not necessarily be limited to refrigerators, | ||||||
20 | freezers, ranges, radios, television sets, vacuum cleaners, | ||||||
21 | toasters, dishwashers, and other similar household items. | ||||||
22 | "Manufacturer's identification number" means any serial | ||||||
23 | number or other similar numerical or alphabetical designation | ||||||
24 | imprinted upon or attached to or placed, stamped, or otherwise | ||||||
25 | imprinted upon or attached to a household appliance or item by | ||||||
26 | the manufacturer for purposes of identifying a particular |
| |||||||
| |||||||
1 | appliance or item individually or by lot number. | ||||||
2 | (Source: P.A. 96-1551, eff. 7-1-11 .) | ||||||
3 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1) | ||||||
4 | Sec. 24-1. Unlawful use of weapons. | ||||||
5 | (a) A person commits the offense of unlawful use of | ||||||
6 | weapons when he knowingly: | ||||||
7 | (1) Sells, manufactures, purchases, possesses or | ||||||
8 | carries any bludgeon, black-jack, slung-shot, sand-club, | ||||||
9 | sand-bag, metal knuckles or other knuckle weapon | ||||||
10 | regardless of its composition, throwing star, or any | ||||||
11 | knife, commonly referred to as a switchblade knife, which | ||||||
12 | has a blade that opens automatically by hand pressure | ||||||
13 | applied to a button, spring or other device in the handle | ||||||
14 | of the knife, or a ballistic knife, which is a device that | ||||||
15 | propels a knifelike blade as a projectile by means of a | ||||||
16 | coil spring, elastic material or compressed gas; or | ||||||
17 | (2) Carries or possesses with intent to use the same | ||||||
18 | unlawfully against another, a dagger, dirk, billy, | ||||||
19 | dangerous knife, razor, stiletto, broken bottle or other | ||||||
20 | piece of glass, stun gun or taser or any other dangerous or | ||||||
21 | deadly weapon or instrument of like character; or | ||||||
22 | (2.5) Carries or possesses with intent to use the same | ||||||
23 | unlawfully against another, any firearm in a church, | ||||||
24 | synagogue, mosque, or other building, structure, or place | ||||||
25 | used for religious worship; or |
| |||||||
| |||||||
1 | (3) Carries on or about his person or in any vehicle, a | ||||||
2 | tear gas gun projector or bomb or any object containing | ||||||
3 | noxious liquid gas or substance, other than an object | ||||||
4 | containing a non-lethal noxious liquid gas or substance | ||||||
5 | designed solely for personal defense carried by a person | ||||||
6 | 18 years of age or older; or | ||||||
7 | (4) Carries or possesses in any vehicle or concealed | ||||||
8 | on or about his person except when on his land or in his | ||||||
9 | own abode, legal dwelling, or fixed place of business, or | ||||||
10 | on the land or in the legal dwelling of another person as | ||||||
11 | an invitee with that person's permission, any pistol, | ||||||
12 | revolver, stun gun or taser or other firearm, except that | ||||||
13 | this subsection (a)(4) does not apply to or affect | ||||||
14 | transportation of weapons that meet one of the following | ||||||
15 | conditions: | ||||||
16 | (i) are broken down in a non-functioning state; or | ||||||
17 | (ii) are not immediately accessible; or | ||||||
18 | (iii) are unloaded and enclosed in a case, firearm | ||||||
19 | carrying box, shipping box, or other container by a | ||||||
20 | person eligible under State and federal law to possess | ||||||
21 | a firearm who has been issued a currently valid | ||||||
22 | Firearm Owner's Identification Card ; or | ||||||
23 | (iv) are carried or possessed in accordance with | ||||||
24 | the Firearm Concealed Carry Act by a person who has | ||||||
25 | been issued a currently valid license under the | ||||||
26 | Firearm Concealed Carry Act; or |
| |||||||
| |||||||
1 | (5) Sets a spring gun; or | ||||||
2 | (6) Possesses any device or attachment of any kind | ||||||
3 | designed, used or intended for use in silencing the report | ||||||
4 | of any firearm; or | ||||||
5 | (7) Sells, manufactures, purchases, possesses or | ||||||
6 | carries: | ||||||
7 | (i) a machine gun, which shall be defined for the | ||||||
8 | purposes of this subsection as any weapon, which | ||||||
9 | shoots, is designed to shoot, or can be readily | ||||||
10 | restored to shoot, automatically more than one shot | ||||||
11 | without manually reloading by a single function of the | ||||||
12 | trigger, including the frame or receiver of any such | ||||||
13 | weapon, or sells, manufactures, purchases, possesses, | ||||||
14 | or carries any combination of parts designed or | ||||||
15 | intended for use in converting any weapon into a | ||||||
16 | machine gun, or any combination or parts from which a | ||||||
17 | machine gun can be assembled if such parts are in the | ||||||
18 | possession or under the control of a person; | ||||||
19 | (ii) any rifle having one or more barrels less | ||||||
20 | than 16 inches in length or a shotgun having one or | ||||||
21 | more barrels less than 18 inches in length or any | ||||||
22 | weapon made from a rifle or shotgun, whether by | ||||||
23 | alteration, modification, or otherwise, if such a | ||||||
24 | weapon as modified has an overall length of less than | ||||||
25 | 26 inches; or | ||||||
26 | (iii) any bomb, bomb-shell, grenade, bottle or |
| |||||||
| |||||||
1 | other container containing an explosive substance of | ||||||
2 | over one-quarter ounce for like purposes, such as, but | ||||||
3 | not limited to, black powder bombs and Molotov | ||||||
4 | cocktails or artillery projectiles; or | ||||||
5 | (8) Carries or possesses any firearm, stun gun or | ||||||
6 | taser or other deadly weapon in any place which is | ||||||
7 | licensed to sell intoxicating beverages, or at any public | ||||||
8 | gathering held pursuant to a license issued by any | ||||||
9 | governmental body or any public gathering at which an | ||||||
10 | admission is charged, excluding a place where a showing, | ||||||
11 | demonstration or lecture involving the exhibition of | ||||||
12 | unloaded firearms is conducted. | ||||||
13 | This subsection (a)(8) does not apply to any auction | ||||||
14 | or raffle of a firearm held pursuant to a license or permit | ||||||
15 | issued by a governmental body, nor does it apply to | ||||||
16 | persons engaged in firearm safety training courses; or | ||||||
17 | (9) Carries or possesses in a vehicle or on or about | ||||||
18 | his or her person any pistol, revolver, stun gun or taser | ||||||
19 | or firearm or ballistic knife, when he or she is hooded, | ||||||
20 | robed or masked in such manner as to conceal his or her | ||||||
21 | identity; or | ||||||
22 | (10) Carries or possesses on or about his or her | ||||||
23 | person, upon any public street, alley, or other public | ||||||
24 | lands within the corporate limits of a city, village, or | ||||||
25 | incorporated town, except when an invitee thereon or | ||||||
26 | therein, for the purpose of the display of such weapon or |
| |||||||
| |||||||
1 | the lawful commerce in weapons, or except when on his land | ||||||
2 | or in his or her own abode, legal dwelling, or fixed place | ||||||
3 | of business, or on the land or in the legal dwelling of | ||||||
4 | another person as an invitee with that person's | ||||||
5 | permission, any pistol, revolver, stun gun, or taser or | ||||||
6 | other firearm, except that this subsection (a)(10) does | ||||||
7 | not apply to or affect transportation of weapons that meet | ||||||
8 | one of the following conditions: | ||||||
9 | (i) are broken down in a non-functioning state; or | ||||||
10 | (ii) are not immediately accessible; or | ||||||
11 | (iii) are unloaded and enclosed in a case, firearm | ||||||
12 | carrying box, shipping box, or other container by a | ||||||
13 | person eligible under State and federal law to possess | ||||||
14 | a firearm who has been issued a currently valid | ||||||
15 | Firearm Owner's Identification Card ; or | ||||||
16 | (iv) are carried or possessed in accordance with | ||||||
17 | the Firearm Concealed Carry Act by a person who has | ||||||
18 | been issued a currently valid license under the | ||||||
19 | Firearm Concealed Carry Act. | ||||||
20 | A "stun gun or taser", as used in this paragraph (a) | ||||||
21 | means (i) any device which is powered by electrical | ||||||
22 | charging units, such as, batteries, and which fires one or | ||||||
23 | several barbs attached to a length of wire and which, upon | ||||||
24 | hitting a human, can send out a current capable of | ||||||
25 | disrupting the person's nervous system in such a manner as | ||||||
26 | to render him incapable of normal functioning or (ii) any |
| |||||||
| |||||||
1 | device which is powered by electrical charging units, such | ||||||
2 | as batteries, and which, upon contact with a human or | ||||||
3 | clothing worn by a human, can send out current capable of | ||||||
4 | disrupting the person's nervous system in such a manner as | ||||||
5 | to render him incapable of normal functioning; or | ||||||
6 | (11) Sells, manufactures, delivers, imports, | ||||||
7 | possesses, or purchases any assault weapon attachment or | ||||||
8 | .50 caliber cartridge in violation of Section 24-1.9 or | ||||||
9 | any explosive bullet. For purposes of this paragraph (a) | ||||||
10 | "explosive bullet" means the projectile portion of an | ||||||
11 | ammunition cartridge which contains or carries an | ||||||
12 | explosive charge which will explode upon contact with the | ||||||
13 | flesh of a human or an animal. "Cartridge" means a tubular | ||||||
14 | metal case having a projectile affixed at the front | ||||||
15 | thereof and a cap or primer at the rear end thereof, with | ||||||
16 | the propellant contained in such tube between the | ||||||
17 | projectile and the cap; or | ||||||
18 | (12) (Blank); or | ||||||
19 | (13) Carries or possesses on or about his or her | ||||||
20 | person while in a building occupied by a unit of | ||||||
21 | government, a billy club, other weapon of like character, | ||||||
22 | or other instrument of like character intended for use as | ||||||
23 | a weapon. For the purposes of this Section, "billy club" | ||||||
24 | means a short stick or club commonly carried by police | ||||||
25 | officers which is either telescopic or constructed of a | ||||||
26 | solid piece of wood or other man-made material; or |
| |||||||
| |||||||
1 | (14) Manufactures, possesses, sells, or offers to | ||||||
2 | sell, purchase, manufacture, import, transfer, or use any | ||||||
3 | device, part, kit, tool, accessory, or combination of | ||||||
4 | parts that is designed to and functions to increase the | ||||||
5 | rate of fire of a semiautomatic firearm above the standard | ||||||
6 | rate of fire for semiautomatic firearms that is not | ||||||
7 | equipped with that device, part, or combination of parts; | ||||||
8 | or | ||||||
9 | (15) Carries or possesses any assault weapon or .50 | ||||||
10 | caliber rifle in violation of Section 24-1.9; or | ||||||
11 | (16) Manufactures, sells, delivers, imports, or | ||||||
12 | purchases any assault weapon or .50 caliber rifle in | ||||||
13 | violation of Section 24-1.9. | ||||||
14 | (b) Sentence. A person convicted of a violation of | ||||||
15 | subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), | ||||||
16 | subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) | ||||||
17 | commits a Class A misdemeanor. A person convicted of a | ||||||
18 | violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a | ||||||
19 | Class 4 felony; a person convicted of a violation of | ||||||
20 | subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or | ||||||
21 | 24-1(a)(16) commits a Class 3 felony. A person convicted of a | ||||||
22 | violation of subsection 24-1(a)(7)(i) commits a Class 2 felony | ||||||
23 | and shall be sentenced to a term of imprisonment of not less | ||||||
24 | than 3 years and not more than 7 years, unless the weapon is | ||||||
25 | possessed in the passenger compartment of a motor vehicle as | ||||||
26 | defined in Section 1-146 of the Illinois Vehicle Code, or on |
| |||||||
| |||||||
1 | the person, while the weapon is loaded, in which case it shall | ||||||
2 | be a Class X felony. A person convicted of a second or | ||||||
3 | subsequent violation of subsection 24-1(a)(4), 24-1(a)(8), | ||||||
4 | 24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3 | ||||||
5 | felony. A person convicted of a violation of subsection | ||||||
6 | 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The | ||||||
7 | possession of each weapon or device in violation of this | ||||||
8 | Section constitutes a single and separate violation. | ||||||
9 | (c) Violations in specific places. | ||||||
10 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
11 | 24-1(a)(7) in any school, regardless of the time of day or | ||||||
12 | the time of year, in residential property owned, operated | ||||||
13 | or managed by a public housing agency or leased by a public | ||||||
14 | housing agency as part of a scattered site or mixed-income | ||||||
15 | development, in a public park, in a courthouse, on the | ||||||
16 | real property comprising any school, regardless of the | ||||||
17 | time of day or the time of year, on residential property | ||||||
18 | owned, operated or managed by a public housing agency or | ||||||
19 | leased by a public housing agency as part of a scattered | ||||||
20 | site or mixed-income development, on the real property | ||||||
21 | comprising any public park, on the real property | ||||||
22 | comprising any courthouse, in any conveyance owned, leased | ||||||
23 | or contracted by a school to transport students to or from | ||||||
24 | school or a school related activity, in any conveyance | ||||||
25 | owned, leased, or contracted by a public transportation | ||||||
26 | agency, or on any public way within 1,000 feet of the real |
| |||||||
| |||||||
1 | property comprising any school, public park, courthouse, | ||||||
2 | public transportation facility, or residential property | ||||||
3 | owned, operated, or managed by a public housing agency or | ||||||
4 | leased by a public housing agency as part of a scattered | ||||||
5 | site or mixed-income development commits a Class 2 felony | ||||||
6 | and shall be sentenced to a term of imprisonment of not | ||||||
7 | less than 3 years and not more than 7 years. | ||||||
8 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
9 | 24-1(a)(9), or 24-1(a)(10) in any school, regardless of | ||||||
10 | the time of day or the time of year, in residential | ||||||
11 | property owned, operated, or managed by a public housing | ||||||
12 | agency or leased by a public housing agency as part of a | ||||||
13 | scattered site or mixed-income development, in a public | ||||||
14 | park, in a courthouse, on the real property comprising any | ||||||
15 | school, regardless of the time of day or the time of year, | ||||||
16 | on residential property owned, operated, or managed by a | ||||||
17 | public housing agency or leased by a public housing agency | ||||||
18 | as part of a scattered site or mixed-income development, | ||||||
19 | on the real property comprising any public park, on the | ||||||
20 | real property comprising any courthouse, in any conveyance | ||||||
21 | owned, leased, or contracted by a school to transport | ||||||
22 | students to or from school or a school related activity, | ||||||
23 | in any conveyance owned, leased, or contracted by a public | ||||||
24 | transportation agency, or on any public way within 1,000 | ||||||
25 | feet of the real property comprising any school, public | ||||||
26 | park, courthouse, public transportation facility, or |
| |||||||
| |||||||
1 | residential property owned, operated, or managed by a | ||||||
2 | public housing agency or leased by a public housing agency | ||||||
3 | as part of a scattered site or mixed-income development | ||||||
4 | commits a Class 3 felony. | ||||||
5 | (2) A person who violates subsection 24-1(a)(1), | ||||||
6 | 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the | ||||||
7 | time of day or the time of year, in residential property | ||||||
8 | owned, operated or managed by a public housing agency or | ||||||
9 | leased by a public housing agency as part of a scattered | ||||||
10 | site or mixed-income development, in a public park, in a | ||||||
11 | courthouse, on the real property comprising any school, | ||||||
12 | regardless of the time of day or the time of year, on | ||||||
13 | residential property owned, operated or managed by a | ||||||
14 | public housing agency or leased by a public housing agency | ||||||
15 | as part of a scattered site or mixed-income development, | ||||||
16 | on the real property comprising any public park, on the | ||||||
17 | real property comprising any courthouse, in any conveyance | ||||||
18 | owned, leased or contracted by a school to transport | ||||||
19 | students to or from school or a school related activity, | ||||||
20 | in any conveyance owned, leased, or contracted by a public | ||||||
21 | transportation agency, or on any public way within 1,000 | ||||||
22 | feet of the real property comprising any school, public | ||||||
23 | park, courthouse, public transportation facility, or | ||||||
24 | 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 |
| |||||||
| |||||||
1 | commits a Class 4 felony. "Courthouse" means any building | ||||||
2 | that is used by the Circuit, Appellate, or Supreme Court | ||||||
3 | of this State for the conduct of official business. | ||||||
4 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
5 | (c) shall not apply to law enforcement officers or | ||||||
6 | security officers of such school, college, or university | ||||||
7 | or to students carrying or possessing firearms for use in | ||||||
8 | training courses, parades, hunting, target shooting on | ||||||
9 | school ranges, or otherwise with the consent of school | ||||||
10 | authorities and which firearms are transported unloaded | ||||||
11 | enclosed in a suitable case, box, or transportation | ||||||
12 | package. | ||||||
13 | (4) For the purposes of this subsection (c), "school" | ||||||
14 | means any public or private elementary or secondary | ||||||
15 | school, community college, college, or university. | ||||||
16 | (5) For the purposes of this subsection (c), "public | ||||||
17 | transportation agency" means a public or private agency | ||||||
18 | that provides for the transportation or conveyance of | ||||||
19 | persons by means available to the general public, except | ||||||
20 | for transportation by automobiles not used for conveyance | ||||||
21 | of the general public as passengers; and "public | ||||||
22 | transportation facility" means a terminal or other place | ||||||
23 | where one may obtain public transportation. | ||||||
24 | (d) The presence in an automobile other than a public | ||||||
25 | omnibus of any weapon, instrument or substance referred to in | ||||||
26 | subsection (a)(7) is prima facie evidence that it is in the |
| |||||||
| |||||||
1 | possession of, and is being carried by, all persons occupying | ||||||
2 | such automobile at the time such weapon, instrument or | ||||||
3 | substance is found, except under the following circumstances: | ||||||
4 | (i) if such weapon, instrument or instrumentality is found | ||||||
5 | upon the person of one of the occupants therein; or (ii) if | ||||||
6 | such weapon, instrument or substance is found in an automobile | ||||||
7 | operated for hire by a duly licensed driver in the due, lawful | ||||||
8 | and proper pursuit of his or her trade, then such presumption | ||||||
9 | shall not apply to the driver. | ||||||
10 | (e) Exemptions. | ||||||
11 | (1) Crossbows, Common or Compound bows and Underwater | ||||||
12 | Spearguns are exempted from the definition of ballistic | ||||||
13 | knife as defined in paragraph (1) of subsection (a) of | ||||||
14 | this Section. | ||||||
15 | (2) The provision of paragraph (1) of subsection (a) | ||||||
16 | of this Section prohibiting the sale, manufacture, | ||||||
17 | purchase, possession, or carrying of any knife, commonly | ||||||
18 | referred to as a switchblade knife, which has a blade that | ||||||
19 | opens automatically by hand pressure applied to a button, | ||||||
20 | spring or other device in the handle of the knife, does not | ||||||
21 | apply to a person eligible under State and federal law to | ||||||
22 | possess a firearm who possesses a currently valid Firearm | ||||||
23 | Owner's Identification Card previously issued in his or | ||||||
24 | her name by the Illinois State Police or to a person or an | ||||||
25 | entity engaged in the business of selling or manufacturing | ||||||
26 | switchblade knives. |
| |||||||
| |||||||
1 | (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; | ||||||
2 | 102-1116, eff. 1-10-23.) | ||||||
3 | (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1) | ||||||
4 | Sec. 24-1.1. Unlawful use or possession of weapons by | ||||||
5 | felons or persons in the custody of the Department of | ||||||
6 | Corrections facilities. | ||||||
7 | (a) It is unlawful for a person to knowingly possess on or | ||||||
8 | about his person or on his land or in his own abode or fixed | ||||||
9 | place of business any weapon prohibited under Section 24-1 of | ||||||
10 | this Act or any firearm or any firearm ammunition if the person | ||||||
11 | has been convicted of a felony under the laws of this State or | ||||||
12 | any other jurisdiction. This Section shall not apply if the | ||||||
13 | person has been granted relief under this subsection by the | ||||||
14 | Director of the Illinois State Police under Section 10 of the | ||||||
15 | Firearm Owners Identification Card Act . A person prohibited | ||||||
16 | from possessing a firearm under this subsection (a) may | ||||||
17 | petition the Director of the Illinois State Police for a | ||||||
18 | hearing and relief from the prohibition, unless the | ||||||
19 | prohibition was based upon a forcible felony, stalking, | ||||||
20 | aggravated stalking, domestic battery, any violation of the | ||||||
21 | Illinois Controlled Substances Act, the Methamphetamine | ||||||
22 | Control and Community Protection Act, or the Cannabis Control | ||||||
23 | Act that is classified as a Class 2 or greater felony, any | ||||||
24 | felony violation of Article 24 of the Criminal Code of 1961 or | ||||||
25 | the Criminal Code of 2012, or any adjudication as a delinquent |
| |||||||
| |||||||
1 | minor for the commission of an offense that if committed by an | ||||||
2 | adult would be a felony, in which case the person may petition | ||||||
3 | the circuit court in writing in the county of his or her | ||||||
4 | residence for a hearing and relief from the prohibition. The | ||||||
5 | Director or court may grant the relief if it is established by | ||||||
6 | the petitioner to the court's or Director's satisfaction that: | ||||||
7 | (1) when in the circuit court, the State's Attorney | ||||||
8 | has been served with a written copy of the petition at | ||||||
9 | least 30 days before any hearing in the circuit court and | ||||||
10 | at the hearing the State's Attorney was afforded an | ||||||
11 | opportunity to present evidence and object to the | ||||||
12 | petition; | ||||||
13 | (2) the petitioner has not been convicted of a | ||||||
14 | forcible felony under the laws of this State or any other | ||||||
15 | jurisdiction within 20 years of the filing of the | ||||||
16 | petition, or at least 20 years have passed since the end of | ||||||
17 | any period of imprisonment imposed in relation to that | ||||||
18 | conviction; | ||||||
19 | (3) the circumstances regarding a criminal conviction, | ||||||
20 | where applicable, the petitioner's criminal history and | ||||||
21 | his or her reputation are such that the petitioner will | ||||||
22 | not be likely to act in a manner dangerous to public | ||||||
23 | safety; | ||||||
24 | (4) granting relief would not be contrary to the | ||||||
25 | public interest; and | ||||||
26 | (5) granting relief would not be contrary to federal |
| |||||||
| |||||||
1 | law. | ||||||
2 | (b) It is unlawful for any person confined in a penal | ||||||
3 | institution, which is a facility of the Illinois Department of | ||||||
4 | Corrections, to possess any weapon prohibited under Section | ||||||
5 | 24-1 of this Code or any firearm or firearm ammunition, | ||||||
6 | regardless of the intent with which he possesses it. | ||||||
7 | (c) It shall be an affirmative defense to a violation of | ||||||
8 | subsection (b), that such possession was specifically | ||||||
9 | authorized by rule, regulation, or directive of the Illinois | ||||||
10 | Department of Corrections or order issued pursuant thereto. | ||||||
11 | (d) The defense of necessity is not available to a person | ||||||
12 | who is charged with a violation of subsection (b) of this | ||||||
13 | Section. | ||||||
14 | (e) Sentence. Violation of this Section by a person not | ||||||
15 | confined in a penal institution shall be a Class 3 felony for | ||||||
16 | which the person shall be sentenced to no less than 2 years and | ||||||
17 | no more than 10 years. A second or subsequent violation of this | ||||||
18 | Section shall be a Class 2 felony for which the person shall be | ||||||
19 | sentenced to a term of imprisonment of not less than 3 years | ||||||
20 | and not more than 14 years, except as provided for in Section | ||||||
21 | 5-4.5-110 of the Unified Code of Corrections. Violation of | ||||||
22 | this Section by a person not confined in a penal institution | ||||||
23 | who has been convicted of a forcible felony, a felony | ||||||
24 | violation of Article 24 of this Code or of the Firearm Owners | ||||||
25 | Identification Card Act , stalking or aggravated stalking, or a | ||||||
26 | Class 2 or greater felony under the Illinois Controlled |
| |||||||
| |||||||
1 | Substances Act, the Cannabis Control Act, or the | ||||||
2 | Methamphetamine Control and Community Protection Act is a | ||||||
3 | Class 2 felony for which the person shall be sentenced to not | ||||||
4 | less than 3 years and not more than 14 years, except as | ||||||
5 | provided for in Section 5-4.5-110 of the Unified Code of | ||||||
6 | Corrections. Violation of this Section by a person who is on | ||||||
7 | parole or mandatory supervised release is a Class 2 felony for | ||||||
8 | which the person shall be sentenced to not less than 3 years | ||||||
9 | and not more than 14 years, except as provided for in Section | ||||||
10 | 5-4.5-110 of the Unified Code of Corrections. Violation of | ||||||
11 | this Section by a person not confined in a penal institution is | ||||||
12 | a Class X felony when the firearm possessed is a machine gun. | ||||||
13 | Any person who violates this Section while confined in a penal | ||||||
14 | institution, which is a facility of the Illinois Department of | ||||||
15 | Corrections, is guilty of a Class 1 felony, if he possesses any | ||||||
16 | weapon prohibited under Section 24-1 of this Code regardless | ||||||
17 | of the intent with which he possesses it, a Class X felony if | ||||||
18 | he possesses any firearm, firearm ammunition or explosive, and | ||||||
19 | a Class X felony for which the offender shall be sentenced to | ||||||
20 | not less than 12 years and not more than 50 years when the | ||||||
21 | firearm possessed is a machine gun. A violation of this | ||||||
22 | Section while wearing or in possession of body armor as | ||||||
23 | defined in Section 33F-1 is a Class X felony punishable by a | ||||||
24 | term of imprisonment of not less than 10 years and not more | ||||||
25 | than 40 years. The possession of each firearm or firearm | ||||||
26 | ammunition in violation of this Section constitutes a single |
| |||||||
| |||||||
1 | and separate violation. | ||||||
2 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
3 | (720 ILCS 5/24-1.6) | ||||||
4 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
5 | (a) A person commits the offense of aggravated unlawful | ||||||
6 | use of a weapon when he or she knowingly: | ||||||
7 | (1) Carries on or about his or her person or in any | ||||||
8 | vehicle or concealed on or about his or her person except | ||||||
9 | when on his or her land or in his or her abode, legal | ||||||
10 | dwelling, or fixed place of business, or on the land or in | ||||||
11 | the legal dwelling of another person as an invitee with | ||||||
12 | that person's permission, any pistol, revolver, stun gun | ||||||
13 | or taser or other firearm; or | ||||||
14 | (2) Carries or possesses on or about his or her | ||||||
15 | person, upon any public street, alley, or other public | ||||||
16 | lands within the corporate limits of a city, village or | ||||||
17 | incorporated town, except when an invitee thereon or | ||||||
18 | therein, for the purpose of the display of such weapon or | ||||||
19 | the lawful commerce in weapons, or except when on his or | ||||||
20 | her own land or in his or her own abode, legal dwelling, or | ||||||
21 | fixed place of business, or on the land or in the legal | ||||||
22 | dwelling of another person as an invitee with that | ||||||
23 | person's permission, any pistol, revolver, stun gun or | ||||||
24 | taser or other firearm; and | ||||||
25 | (3) One of the following factors is present: |
| |||||||
| |||||||
1 | (A) the firearm, other than a pistol, revolver, or | ||||||
2 | handgun, possessed was uncased, loaded, and | ||||||
3 | immediately accessible at the time of the offense; or | ||||||
4 | (A-5) the pistol, revolver, or handgun possessed | ||||||
5 | was uncased, loaded, and immediately accessible at the | ||||||
6 | time of the offense and the person possessing the | ||||||
7 | pistol, revolver, or handgun has not been issued a | ||||||
8 | currently valid license under the Firearm Concealed | ||||||
9 | Carry Act; or | ||||||
10 | (B) the firearm, other than a pistol, revolver, or | ||||||
11 | handgun, possessed was uncased, unloaded, and the | ||||||
12 | ammunition for the weapon was immediately accessible | ||||||
13 | at the time of the offense; or | ||||||
14 | (B-5) the pistol, revolver, or handgun possessed | ||||||
15 | was uncased, unloaded, and the ammunition for the | ||||||
16 | weapon was immediately accessible at the time of the | ||||||
17 | offense and the person possessing the pistol, | ||||||
18 | revolver, or handgun has not been issued a currently | ||||||
19 | valid license under the Firearm Concealed Carry Act; | ||||||
20 | or | ||||||
21 | (C) (blank); or the person possessing the firearm | ||||||
22 | has not been issued a currently valid Firearm Owner's | ||||||
23 | Identification Card; or | ||||||
24 | (D) the person possessing the weapon was | ||||||
25 | previously adjudicated a delinquent minor under the | ||||||
26 | Juvenile Court Act of 1987 for an act that if committed |
| |||||||
| |||||||
1 | by an adult would be a felony; or | ||||||
2 | (E) the person possessing the weapon was engaged | ||||||
3 | in a misdemeanor violation of the Cannabis Control | ||||||
4 | Act, in a misdemeanor violation of the Illinois | ||||||
5 | Controlled Substances Act, or in a misdemeanor | ||||||
6 | violation of the Methamphetamine Control and Community | ||||||
7 | Protection Act; or | ||||||
8 | (F) (blank); or | ||||||
9 | (G) the person possessing the weapon had an order | ||||||
10 | of protection issued against him or her within the | ||||||
11 | previous 2 years; or | ||||||
12 | (H) the person possessing the weapon was engaged | ||||||
13 | in the commission or attempted commission of a | ||||||
14 | misdemeanor involving the use or threat of violence | ||||||
15 | against the person or property of another; or | ||||||
16 | (I) the person possessing the weapon was under 21 | ||||||
17 | years of age and in possession of a handgun, unless the | ||||||
18 | person under 21 is engaged in lawful activities under | ||||||
19 | the Wildlife Code or described in subsection | ||||||
20 | 24-2(b)(1), (b)(3), or 24-2(f). | ||||||
21 | (a-5) "Handgun" as used in this Section has the meaning | ||||||
22 | given to it in Section 5 of the Firearm Concealed Carry Act. | ||||||
23 | (b) "Stun gun or taser" as used in this Section has the | ||||||
24 | same definition given to it in Section 24-1 of this Code. | ||||||
25 | (c) This Section does not apply to or affect the | ||||||
26 | transportation or possession of weapons that: |
| |||||||
| |||||||
1 | (i) are broken down in a non-functioning state; or | ||||||
2 | (ii) are not immediately accessible; or | ||||||
3 | (iii) are unloaded and enclosed in a case, firearm | ||||||
4 | carrying box, shipping box, or other container by a person | ||||||
5 | is eligible under State and federal law to possess a | ||||||
6 | firearm who has been issued a currently valid Firearm | ||||||
7 | Owner's Identification Card . | ||||||
8 | (d) Sentence. | ||||||
9 | (1) Aggravated unlawful use of a weapon is a Class 4 | ||||||
10 | felony; a second or subsequent offense is a Class 2 felony | ||||||
11 | for which the person shall be sentenced to a term of | ||||||
12 | imprisonment of not less than 3 years and not more than 7 | ||||||
13 | years, except as provided for in Section 5-4.5-110 of the | ||||||
14 | Unified Code of Corrections. | ||||||
15 | (2) (Blank). Except as otherwise provided in | ||||||
16 | paragraphs (3) and (4) of this subsection (d), a first | ||||||
17 | offense of aggravated unlawful use of a weapon committed | ||||||
18 | with a firearm by a person 18 years of age or older where | ||||||
19 | the factors listed in both items (A) and (C) or both items | ||||||
20 | (A-5) and (C) of paragraph (3) of subsection (a) are | ||||||
21 | present is a Class 4 felony, for which the person shall be | ||||||
22 | sentenced to a term of imprisonment of not less than one | ||||||
23 | year and not more than 3 years. | ||||||
24 | (3) Aggravated unlawful use of a weapon by a person | ||||||
25 | who has been previously convicted of a felony in this | ||||||
26 | State or another jurisdiction is a Class 2 felony for |
| |||||||
| |||||||
1 | which the person shall be sentenced to a term of | ||||||
2 | imprisonment of not less than 3 years and not more than 7 | ||||||
3 | years, except as provided for in Section 5-4.5-110 of the | ||||||
4 | Unified Code of Corrections. | ||||||
5 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
6 | or in possession of body armor as defined in Section 33F-1 | ||||||
7 | by a person who is prohibited under State or federal law | ||||||
8 | from possessing a firearm has not been issued a valid | ||||||
9 | Firearms Owner's Identification Card in accordance with | ||||||
10 | Section 5 of the Firearm Owners Identification Card Act is | ||||||
11 | a Class X felony. | ||||||
12 | (e) The possession of each firearm in violation of this | ||||||
13 | Section constitutes a single and separate violation. | ||||||
14 | (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17 .) | ||||||
15 | (720 ILCS 5/24-1.8) | ||||||
16 | Sec. 24-1.8. Unlawful possession of a firearm by a street | ||||||
17 | gang member. | ||||||
18 | (a) A person commits unlawful possession of a firearm by a | ||||||
19 | street gang member when he or she knowingly: | ||||||
20 | (1) possesses, carries, or conceals on or about his or | ||||||
21 | her person a firearm and firearm ammunition while on any | ||||||
22 | street, road, alley, gangway, sidewalk, or any other | ||||||
23 | lands, except when inside his or her own abode or inside | ||||||
24 | his or her fixed place of business, and has not been issued | ||||||
25 | a currently valid Firearm Owner's Identification Card and |
| |||||||
| |||||||
1 | is a member of a street gang; or | ||||||
2 | (2) possesses or carries in any vehicle a firearm and | ||||||
3 | firearm ammunition which are both immediately accessible | ||||||
4 | at the time of the offense while on any street, road, | ||||||
5 | alley, or any other lands, except when inside his or her | ||||||
6 | own abode or garage, and has not been issued a currently | ||||||
7 | valid Firearm Owner's Identification Card and is a member | ||||||
8 | of a street gang. | ||||||
9 | (b) Unlawful possession of a firearm by a street gang | ||||||
10 | member is a Class 2 felony for which the person, if sentenced | ||||||
11 | to a term of imprisonment, shall be sentenced to no less than 3 | ||||||
12 | years and no more than 10 years. A period of probation, a term | ||||||
13 | of periodic imprisonment or conditional discharge shall not be | ||||||
14 | imposed for the offense of unlawful possession of a firearm by | ||||||
15 | a street gang member when the firearm was loaded or contained | ||||||
16 | firearm ammunition and the court shall sentence the offender | ||||||
17 | to not less than the minimum term of imprisonment authorized | ||||||
18 | for the Class 2 felony. | ||||||
19 | (c) For purposes of this Section: | ||||||
20 | "Street gang" or "gang" has the meaning ascribed to it | ||||||
21 | in Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
22 | Prevention Act. | ||||||
23 | "Street gang member" or "gang member" has the meaning | ||||||
24 | ascribed to it in Section 10 of the Illinois Streetgang | ||||||
25 | Terrorism Omnibus Prevention Act. | ||||||
26 | (Source: P.A. 96-829, eff. 12-3-09.) |
| |||||||
| |||||||
1 | (720 ILCS 5/24-1.9) | ||||||
2 | Sec. 24-1.9. Manufacture, possession, delivery, sale, and | ||||||
3 | purchase of assault weapons, .50 caliber rifles, and .50 | ||||||
4 | caliber cartridges. | ||||||
5 | (a) Definitions. In this Section: | ||||||
6 | (1) "Assault weapon" means any of the following, except as | ||||||
7 | provided in subdivision (2) of this subsection: | ||||||
8 | (A) A semiautomatic rifle that has the capacity to | ||||||
9 | accept a detachable magazine or that may be readily | ||||||
10 | modified to accept a detachable magazine, if the firearm | ||||||
11 | has one or more of the following: | ||||||
12 | (i) a pistol grip or thumbhole stock; | ||||||
13 | (ii) any feature capable of functioning as a | ||||||
14 | protruding grip that can be held by the non-trigger | ||||||
15 | hand; | ||||||
16 | (iii) a folding, telescoping, thumbhole, or | ||||||
17 | detachable stock, or a stock that is otherwise | ||||||
18 | foldable or adjustable in a manner that operates to | ||||||
19 | reduce the length, size, or any other dimension, or | ||||||
20 | otherwise enhances the concealability of, the weapon; | ||||||
21 | (iv) a flash suppressor; | ||||||
22 | (v) a grenade launcher; | ||||||
23 | (vi) a shroud attached to the barrel or that | ||||||
24 | partially or completely encircles the barrel, allowing | ||||||
25 | the bearer to hold the firearm with the non-trigger |
| |||||||
| |||||||
1 | hand without being burned, but excluding a slide that | ||||||
2 | encloses the barrel. | ||||||
3 | (B) A semiautomatic rifle that has a fixed magazine | ||||||
4 | with the capacity to accept more than 10 rounds, except | ||||||
5 | for an attached tubular device designed to accept, and | ||||||
6 | capable of operating only with, .22 caliber rimfire | ||||||
7 | ammunition. | ||||||
8 | (C) A semiautomatic pistol that has the capacity to | ||||||
9 | accept a detachable magazine or that may be readily | ||||||
10 | modified to accept a detachable magazine, if the firearm | ||||||
11 | has one or more of the following: | ||||||
12 | (i) a threaded barrel; | ||||||
13 | (ii) a second pistol grip or another feature | ||||||
14 | capable of functioning as a protruding grip that can | ||||||
15 | be held by the non-trigger hand; | ||||||
16 | (iii) a shroud attached to the barrel or that | ||||||
17 | partially or completely encircles the barrel, allowing | ||||||
18 | the bearer to hold the firearm with the non-trigger | ||||||
19 | hand without being burned, but excluding a slide that | ||||||
20 | encloses the barrel; | ||||||
21 | (iv) a flash suppressor; | ||||||
22 | (v) the capacity to accept a detachable magazine | ||||||
23 | at some location outside of the pistol grip; or | ||||||
24 | (vi) a buffer tube, arm brace, or other part that | ||||||
25 | protrudes horizontally behind the pistol grip and is | ||||||
26 | designed or redesigned to allow or facilitate a |
| |||||||
| |||||||
1 | firearm to be fired from the shoulder. | ||||||
2 | (D) A semiautomatic pistol that has a fixed magazine | ||||||
3 | with the capacity to accept more than 15 rounds. | ||||||
4 | (E) Any shotgun with a revolving cylinder. | ||||||
5 | (F) A semiautomatic shotgun that has one or more of | ||||||
6 | the following: | ||||||
7 | (i) a pistol grip or thumbhole stock; | ||||||
8 | (ii) any feature capable of functioning as a | ||||||
9 | protruding grip that can be held by the non-trigger | ||||||
10 | hand; | ||||||
11 | (iii) a folding or thumbhole stock; | ||||||
12 | (iv) a grenade launcher; | ||||||
13 | (v) a fixed magazine with the capacity of more | ||||||
14 | than 5 rounds; or | ||||||
15 | (vi) the capacity to accept a detachable magazine. | ||||||
16 | (G) Any semiautomatic firearm that has the capacity to | ||||||
17 | accept a belt ammunition feeding device. | ||||||
18 | (H) Any firearm that has been modified to be operable | ||||||
19 | as an assault weapon as defined in this Section. | ||||||
20 | (I) Any part or combination of parts designed or | ||||||
21 | intended to convert a firearm into an assault weapon, | ||||||
22 | including any combination of parts from which an assault | ||||||
23 | weapon may be readily assembled if those parts are in the | ||||||
24 | possession or under the control of the same person. | ||||||
25 | (J) All of the following rifles, copies, duplicates, | ||||||
26 | variants, or altered facsimiles with the capability of any |
| |||||||
| |||||||
1 | such weapon: | ||||||
2 | (i) All AK types, including the following: | ||||||
3 | (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM, | ||||||
4 | MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms | ||||||
5 | AK-47, VEPR, WASR-10, and WUM. | ||||||
6 | (II) IZHMASH Saiga AK. | ||||||
7 | (III) MAADI AK47 and ARM. | ||||||
8 | (IV) Norinco 56S, 56S2, 84S, and 86S. | ||||||
9 | (V) Poly Technologies AK47 and AKS. | ||||||
10 | (VI) SKS with a detachable magazine. | ||||||
11 | (ii) all AR types, including the following: | ||||||
12 | (I) AR-10. | ||||||
13 | (II) AR-15. | ||||||
14 | (III) Alexander Arms Overmatch Plus 16. | ||||||
15 | (IV) Armalite M15 22LR Carbine. | ||||||
16 | (V) Armalite M15-T. | ||||||
17 | (VI) Barrett REC7. | ||||||
18 | (VII) Beretta AR-70. | ||||||
19 | (VIII) Black Rain Ordnance Recon Scout. | ||||||
20 | (IX) Bushmaster ACR. | ||||||
21 | (X) Bushmaster Carbon 15. | ||||||
22 | (XI) Bushmaster MOE series. | ||||||
23 | (XII) Bushmaster XM15. | ||||||
24 | (XIII) Chiappa Firearms MFour rifles. | ||||||
25 | (XIV) Colt Match Target rifles. | ||||||
26 | (XV) CORE Rifle Systems CORE15 rifles. |
| |||||||
| |||||||
1 | (XVI) Daniel Defense M4A1 rifles. | ||||||
2 | (XVII) Devil Dog Arms 15 Series rifles. | ||||||
3 | (XVIII) Diamondback DB15 rifles. | ||||||
4 | (XIX) DoubleStar AR rifles. | ||||||
5 | (XX) DPMS Tactical rifles. | ||||||
6 | (XXI) DSA Inc. ZM-4 Carbine. | ||||||
7 | (XXII) Heckler & Koch MR556. | ||||||
8 | (XXIII) High Standard HSA-15 rifles. | ||||||
9 | (XXIV) Jesse James Nomad AR-15 rifle. | ||||||
10 | (XXV) Knight's Armament SR-15. | ||||||
11 | (XXVI) Lancer L15 rifles. | ||||||
12 | (XXVII) MGI Hydra Series rifles. | ||||||
13 | (XXVIII) Mossberg MMR Tactical rifles. | ||||||
14 | (XXIX) Noreen Firearms BN 36 rifle. | ||||||
15 | (XXX) Olympic Arms. | ||||||
16 | (XXXI) POF USA P415. | ||||||
17 | (XXXII) Precision Firearms AR rifles. | ||||||
18 | (XXXIII) Remington R-15 rifles. | ||||||
19 | (XXXIV) Rhino Arms AR rifles. | ||||||
20 | (XXXV) Rock River Arms LAR-15 or Rock River | ||||||
21 | Arms LAR-47. | ||||||
22 | (XXXVI) Sig Sauer SIG516 rifles and MCX | ||||||
23 | rifles. | ||||||
24 | (XXXVII) Smith & Wesson M&P15 rifles. | ||||||
25 | (XXXVIII) Stag Arms AR rifles. | ||||||
26 | (XXXIX) Sturm, Ruger & Co. SR556 and AR-556 |
| |||||||
| |||||||
1 | rifles. | ||||||
2 | (XL) Uselton Arms Air-Lite M-4 rifles. | ||||||
3 | (XLI) Windham Weaponry AR rifles. | ||||||
4 | (XLII) WMD Guns Big Beast. | ||||||
5 | (XLIII) Yankee Hill Machine Company, Inc. | ||||||
6 | YHM-15 rifles. | ||||||
7 | (iii) Barrett M107A1. | ||||||
8 | (iv) Barrett M82A1. | ||||||
9 | (v) Beretta CX4 Storm. | ||||||
10 | (vi) Calico Liberty Series. | ||||||
11 | (vii) CETME Sporter. | ||||||
12 | (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and | ||||||
13 | AR 110C. | ||||||
14 | (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 | ||||||
15 | FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000. | ||||||
16 | (x) Feather Industries AT-9. | ||||||
17 | (xi) Galil Model AR and Model ARM. | ||||||
18 | (xii) Hi-Point Carbine. | ||||||
19 | (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC. | ||||||
20 | (xiv) IWI TAVOR, Galil ACE rifle. | ||||||
21 | (xv) Kel-Tec Sub-2000, SU-16, and RFB. | ||||||
22 | (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig | ||||||
23 | Sauer SG 551, and SIG MCX. | ||||||
24 | (xvii) Springfield Armory SAR-48. | ||||||
25 | (xviii) Steyr AUG. | ||||||
26 | (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle |
| |||||||
| |||||||
1 | M-14/20CF. | ||||||
2 | (xx) All Thompson rifles, including the following: | ||||||
3 | (I) Thompson M1SB. | ||||||
4 | (II) Thompson T1100D. | ||||||
5 | (III) Thompson T150D. | ||||||
6 | (IV) Thompson T1B. | ||||||
7 | (V) Thompson T1B100D. | ||||||
8 | (VI) Thompson T1B50D. | ||||||
9 | (VII) Thompson T1BSB. | ||||||
10 | (VIII) Thompson T1-C. | ||||||
11 | (IX) Thompson T1D. | ||||||
12 | (X) Thompson T1SB. | ||||||
13 | (XI) Thompson T5. | ||||||
14 | (XII) Thompson T5100D. | ||||||
15 | (XIII) Thompson TM1. | ||||||
16 | (XIV) Thompson TM1C. | ||||||
17 | (xxi) UMAREX UZI rifle. | ||||||
18 | (xxii) UZI Mini Carbine, UZI Model A Carbine, and | ||||||
19 | UZI Model B Carbine. | ||||||
20 | (xxiii) Valmet M62S, M71S, and M78. | ||||||
21 | (xxiv) Vector Arms UZI Type. | ||||||
22 | (xxv) Weaver Arms Nighthawk. | ||||||
23 | (xxvi) Wilkinson Arms Linda Carbine. | ||||||
24 | (K) All of the following pistols, copies, duplicates, | ||||||
25 | variants, or altered facsimiles with the capability of any | ||||||
26 | such weapon thereof: |
| |||||||
| |||||||
1 | (i) All AK types, including the following: | ||||||
2 | (I) Centurion 39 AK pistol. | ||||||
3 | (II) CZ Scorpion pistol. | ||||||
4 | (III) Draco AK-47 pistol. | ||||||
5 | (IV) HCR AK-47 pistol. | ||||||
6 | (V) IO Inc. Hellpup AK-47 pistol. | ||||||
7 | (VI) Krinkov pistol. | ||||||
8 | (VII) Mini Draco AK-47 pistol. | ||||||
9 | (VIII) PAP M92 pistol. | ||||||
10 | (IX) Yugo Krebs Krink pistol. | ||||||
11 | (ii) All AR types, including the following: | ||||||
12 | (I) American Spirit AR-15 pistol. | ||||||
13 | (II) Bushmaster Carbon 15 pistol. | ||||||
14 | (III) Chiappa Firearms M4 Pistol GEN II. | ||||||
15 | (IV) CORE Rifle Systems CORE15 Roscoe pistol. | ||||||
16 | (V) Daniel Defense MK18 pistol. | ||||||
17 | (VI) DoubleStar Corporation AR pistol. | ||||||
18 | (VII) DPMS AR-15 pistol. | ||||||
19 | (VIII) Jesse James Nomad AR-15 pistol. | ||||||
20 | (IX) Olympic Arms AR-15 pistol. | ||||||
21 | (X) Osprey Armament MK-18 pistol. | ||||||
22 | (XI) POF USA AR pistols. | ||||||
23 | (XII) Rock River Arms LAR 15 pistol. | ||||||
24 | (XIII) Uselton Arms Air-Lite M-4 pistol. | ||||||
25 | (iii) Calico pistols. | ||||||
26 | (iv) DSA SA58 PKP FAL pistol. |
| |||||||
| |||||||
1 | (v) Encom MP-9 and MP-45. | ||||||
2 | (vi) Heckler & Koch model SP-89 pistol. | ||||||
3 | (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and | ||||||
4 | TEC-DC9. | ||||||
5 | (viii) IWI Galil Ace pistol, UZI PRO pistol. | ||||||
6 | (ix) Kel-Tec PLR 16 pistol. | ||||||
7 | (x) All MAC types, including the following: | ||||||
8 | (I) MAC-10. | ||||||
9 | (II) MAC-11. | ||||||
10 | (III) Masterpiece Arms MPA A930 Mini Pistol, | ||||||
11 | MPA460 Pistol, MPA Tactical Pistol, and MPA Mini | ||||||
12 | Tactical Pistol. | ||||||
13 | (IV) Military Armament Corp. Ingram M-11. | ||||||
14 | (V) Velocity Arms VMAC. | ||||||
15 | (xi) Sig Sauer P556 pistol. | ||||||
16 | (xii) Sites Spectre. | ||||||
17 | (xiii) All Thompson types, including the | ||||||
18 | following: | ||||||
19 | (I) Thompson TA510D. | ||||||
20 | (II) Thompson TA5. | ||||||
21 | (xiv) All UZI types, including Micro-UZI. | ||||||
22 | (L) All of the following shotguns, copies, duplicates, | ||||||
23 | variants, or altered facsimiles with the capability of any | ||||||
24 | such weapon thereof: | ||||||
25 | (i) DERYA Anakon MC-1980, Anakon SD12. | ||||||
26 | (ii) Doruk Lethal shotguns. |
| |||||||
| |||||||
1 | (iii) Franchi LAW-12 and SPAS 12. | ||||||
2 | (iv) All IZHMASH Saiga 12 types, including the | ||||||
3 | following: | ||||||
4 | (I) IZHMASH Saiga 12. | ||||||
5 | (II) IZHMASH Saiga 12S. | ||||||
6 | (III) IZHMASH Saiga 12S EXP-01. | ||||||
7 | (IV) IZHMASH Saiga 12K. | ||||||
8 | (V) IZHMASH Saiga 12K-030. | ||||||
9 | (VI) IZHMASH Saiga 12K-040 Taktika. | ||||||
10 | (v) Streetsweeper. | ||||||
11 | (vi) Striker 12. | ||||||
12 | (2) "Assault weapon" does not include: | ||||||
13 | (A) Any firearm that is an unserviceable firearm or | ||||||
14 | has been made permanently inoperable. | ||||||
15 | (B) An antique firearm or a replica of an antique | ||||||
16 | firearm. | ||||||
17 | (C) A firearm that is manually operated by bolt, pump, | ||||||
18 | lever or slide action, unless the firearm is a shotgun | ||||||
19 | with a revolving cylinder. | ||||||
20 | (D) Any air rifle as defined in Section 24.8-0.1 of | ||||||
21 | this Code. | ||||||
22 | (E) Any handgun, as defined under the Firearm | ||||||
23 | Concealed Carry Act, unless otherwise listed in this | ||||||
24 | Section. | ||||||
25 | (3) "Assault weapon attachment" means any device capable | ||||||
26 | of being attached to a firearm that is specifically designed |
| |||||||
| |||||||
1 | for making or converting a firearm into any of the firearms | ||||||
2 | listed in paragraph (1) of this subsection (a). | ||||||
3 | (4) "Antique firearm" has the meaning ascribed to it in 18 | ||||||
4 | U.S.C. 921(a)(16). | ||||||
5 | (5) ".50 caliber rifle" means a centerfire rifle capable | ||||||
6 | of firing a .50 caliber cartridge. The term does not include | ||||||
7 | any antique firearm, any shotgun including a shotgun that has | ||||||
8 | a rifle barrel, or any muzzle-loader which uses black powder | ||||||
9 | for hunting or historical reenactments. | ||||||
10 | (6) ".50 caliber cartridge" means a cartridge in .50 BMG | ||||||
11 | caliber, either by designation or actual measurement, that is | ||||||
12 | capable of being fired from a centerfire rifle. The term ".50 | ||||||
13 | caliber cartridge" does not include any memorabilia or display | ||||||
14 | item that is filled with a permanent inert substance or that is | ||||||
15 | otherwise permanently altered in a manner that prevents ready | ||||||
16 | modification for use as live ammunition or shotgun ammunition | ||||||
17 | with a caliber measurement that is equal to or greater than .50 | ||||||
18 | caliber. | ||||||
19 | (7) "Detachable magazine" means an ammunition feeding | ||||||
20 | device that may be removed from a firearm without disassembly | ||||||
21 | of the firearm action, including an ammunition feeding device | ||||||
22 | that may be readily removed from a firearm with the use of a | ||||||
23 | bullet, cartridge, accessory, or other tool, or any other | ||||||
24 | object that functions as a tool, including a bullet or | ||||||
25 | cartridge. | ||||||
26 | (8) "Fixed magazine" means an ammunition feeding device |
| |||||||
| |||||||
1 | that is permanently attached to a firearm, or contained in and | ||||||
2 | not removable from a firearm, or that is otherwise not a | ||||||
3 | detachable magazine, but does not include an attached tubular | ||||||
4 | device designed to accept, and capable of operating only with, | ||||||
5 | .22 caliber rimfire ammunition. | ||||||
6 | (b) Except as provided in subsections (c), (d), and (e), | ||||||
7 | on or after January 10, 2023 ( the effective date of Public Act | ||||||
8 | 102-1116) this amendatory Act of the 102nd General Assembly , | ||||||
9 | it is unlawful for any person within this State to knowingly | ||||||
10 | manufacture, deliver, sell, import, or purchase or cause to be | ||||||
11 | manufactured, delivered, sold, imported, or purchased by | ||||||
12 | another, an assault weapon, assault weapon attachment, .50 | ||||||
13 | caliber rifle, or .50 caliber cartridge. | ||||||
14 | (c) Except as otherwise provided in subsection (d), | ||||||
15 | beginning January 1, 2024, it is unlawful for any person | ||||||
16 | within this State to knowingly possess an assault weapon, | ||||||
17 | assault weapon attachment, .50 caliber rifle, or .50 caliber | ||||||
18 | cartridge. | ||||||
19 | (d) This Section does not apply to a person's possession | ||||||
20 | of an assault weapon, assault weapon attachment, .50 caliber | ||||||
21 | rifle, or .50 caliber cartridge device if the person lawfully | ||||||
22 | possessed that assault weapon, assault weapon attachment, .50 | ||||||
23 | caliber rifle, or .50 caliber cartridge prohibited by | ||||||
24 | subsection (c) of this Section, if the person has provided in | ||||||
25 | an endorsement affidavit, prior to January 1, 2024, under oath | ||||||
26 | or affirmation and in the form and manner prescribed by the |
| |||||||
| |||||||
1 | Illinois State Police, no later than October 1, 2023: | ||||||
2 | (1) (blank) the affiant's Firearm Owner's | ||||||
3 | Identification Card number ; | ||||||
4 | (2) an affirmation that the affiant: (i) possessed an | ||||||
5 | assault weapon, assault weapon attachment, .50 caliber | ||||||
6 | rifle, or .50 caliber cartridge before January 10, 2023 | ||||||
7 | ( the effective date of Public Act 102-1116) this | ||||||
8 | amendatory Act of the 102nd General Assembly ; or (ii) | ||||||
9 | inherited the assault weapon, assault weapon attachment, | ||||||
10 | .50 caliber rifle, or .50 caliber cartridge from a person | ||||||
11 | with an endorsement under this Section or from a person | ||||||
12 | authorized under subdivisions (1) through (5) of | ||||||
13 | subsection (e) to possess the assault weapon, assault | ||||||
14 | weapon attachment, .50 caliber rifle, or .50 caliber | ||||||
15 | cartridge; and | ||||||
16 | (3) the make, model, caliber, and serial number of the | ||||||
17 | .50 caliber rifle or assault weapon or assault weapons | ||||||
18 | listed in paragraphs (J), (K), and (L) of subdivision (1) | ||||||
19 | of subsection (a) of this Section possessed by the affiant | ||||||
20 | prior to January 10, 2023 ( the effective date of Public | ||||||
21 | Act 102-1116) this amendatory Act of the 102nd General | ||||||
22 | Assembly and any assault weapons identified and published | ||||||
23 | by the Illinois State Police pursuant to this subdivision | ||||||
24 | (3). No later than October 1, 2023, and every October 1 | ||||||
25 | thereafter, the Illinois State Police shall, via | ||||||
26 | rulemaking, identify, publish, and make available on its |
| |||||||
| |||||||
1 | website, the list of assault weapons subject to an | ||||||
2 | endorsement affidavit under this subsection (d). The list | ||||||
3 | shall identify, but is not limited to, the copies, | ||||||
4 | duplicates, variants, and altered facsimiles of the | ||||||
5 | assault weapons identified in paragraphs (J), (K), and (L) | ||||||
6 | of subdivision (1) of subsection (a) of this Section and | ||||||
7 | shall be consistent with the definition of "assault | ||||||
8 | weapon" identified in this Section. The Illinois State | ||||||
9 | Police may adopt emergency rulemaking in accordance with | ||||||
10 | Section 5-45 of the Illinois Administrative Procedure Act. | ||||||
11 | The adoption of emergency rules authorized by Section 5-45 | ||||||
12 | of the Illinois Administrative Procedure Act and this | ||||||
13 | paragraph is deemed to be necessary for the public | ||||||
14 | interest, safety, and welfare. | ||||||
15 | The affidavit form shall include the following statement | ||||||
16 | printed in bold type: "Warning: Entering false information on | ||||||
17 | this form is punishable as perjury under Section 32-2 of the | ||||||
18 | Criminal Code of 2012. Entering false information on this form | ||||||
19 | is a violation of the Firearm Owners Identification Card Act." | ||||||
20 | In any administrative, civil, or criminal proceeding in | ||||||
21 | this State, a completed endorsement affidavit submitted to the | ||||||
22 | Illinois State Police by a person under this Section creates a | ||||||
23 | rebuttable presumption that the person is entitled to possess | ||||||
24 | and transport the assault weapon, assault weapon attachment, | ||||||
25 | .50 caliber rifle, or .50 caliber cartridge. | ||||||
26 | Beginning 90 days after January 10, 2023 ( the effective |
| |||||||
| |||||||
1 | date of Public Act 102-1116) this amendatory Act of the 102nd | ||||||
2 | General Assembly , a person authorized under this Section to | ||||||
3 | possess an assault weapon, assault weapon attachment, .50 | ||||||
4 | caliber rifle, or .50 caliber cartridge shall possess such | ||||||
5 | items only: | ||||||
6 | (1) on private property owned or immediately | ||||||
7 | controlled by the person; | ||||||
8 | (2) on private property that is not open to the public | ||||||
9 | with the express permission of the person who owns or | ||||||
10 | immediately controls such property; | ||||||
11 | (3) while on the premises of a licensed firearms | ||||||
12 | dealer or gunsmith for the purpose of lawful repair; | ||||||
13 | (4) while engaged in the legal use of the assault | ||||||
14 | weapon, assault weapon attachment, .50 caliber rifle, or | ||||||
15 | .50 caliber cartridge at a properly licensed firing range | ||||||
16 | or sport shooting competition venue; or | ||||||
17 | (5) while traveling to or from these locations, | ||||||
18 | provided that the assault weapon, assault weapon | ||||||
19 | attachment, or .50 caliber rifle is unloaded and the | ||||||
20 | assault weapon, assault weapon attachment, .50 caliber | ||||||
21 | rifle, or .50 caliber cartridge is enclosed in a case, | ||||||
22 | firearm carrying box, shipping box, or other container. | ||||||
23 | Beginning on January 1, 2024, the person with the | ||||||
24 | endorsement for an assault weapon, assault weapon attachment, | ||||||
25 | .50 caliber rifle, or .50 caliber cartridge or a person | ||||||
26 | authorized under subdivisions (1) through (5) of subsection |
| |||||||
| |||||||
1 | (e) to possess an assault weapon, assault weapon attachment, | ||||||
2 | .50 caliber rifle, or .50 caliber cartridge may transfer the | ||||||
3 | assault weapon, assault weapon attachment, .50 caliber rifle, | ||||||
4 | or .50 caliber cartridge only to an heir, an individual | ||||||
5 | residing in another state maintaining it in another state, or | ||||||
6 | a dealer licensed as a federal firearms dealer under Section | ||||||
7 | 923 of the federal Gun Control Act of 1968. Within 10 days | ||||||
8 | after transfer of the weapon except to an heir, the person | ||||||
9 | shall notify the Illinois State Police of the name and address | ||||||
10 | of the transferee and comply with the requirements of | ||||||
11 | subsection (b) of Section 3 of the Firearm Owners | ||||||
12 | Identification Card Act . The person to whom the weapon or | ||||||
13 | ammunition is transferred shall, within 60 days of the | ||||||
14 | transfer, complete an affidavit required under this Section. A | ||||||
15 | person to whom the weapon is transferred may transfer it only | ||||||
16 | as provided in this subsection. | ||||||
17 | Except as provided in subsection (e) and beginning on | ||||||
18 | January 1, 2024, any person who moves into this State in | ||||||
19 | possession of an assault weapon, assault weapon attachment, | ||||||
20 | .50 caliber rifle, or .50 caliber cartridge shall, within 60 | ||||||
21 | days, apply for a Firearm Owners Identification Card and | ||||||
22 | complete an endorsement application as outlined in subsection | ||||||
23 | (d). | ||||||
24 | Notwithstanding any other law, information contained in | ||||||
25 | the endorsement affidavit shall be confidential, is exempt | ||||||
26 | from disclosure under the Freedom of Information Act, and |
| |||||||
| |||||||
1 | shall not be disclosed, except to law enforcement agencies | ||||||
2 | acting in the performance of their duties. | ||||||
3 | (e) The provisions of this Section regarding the purchase | ||||||
4 | or possession of assault weapons, assault weapon attachments, | ||||||
5 | .50 caliber rifles, and .50 cartridges, as well as the | ||||||
6 | provisions of this Section that prohibit causing those items | ||||||
7 | to be purchased or possessed, do not apply to: | ||||||
8 | (1) Peace officers, as defined in Section 2-13 of this | ||||||
9 | Code. | ||||||
10 | (2) Qualified law enforcement officers and qualified | ||||||
11 | retired law enforcement officers as defined in the Law | ||||||
12 | Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B | ||||||
13 | and 926C) and as recognized under Illinois law. | ||||||
14 | (3) Acquisition and possession by a federal, State, or | ||||||
15 | local law enforcement agency for the purpose of equipping | ||||||
16 | the agency's peace officers as defined in paragraph (1) or | ||||||
17 | (2) of this subsection (e). | ||||||
18 | (4) Wardens, superintendents, and keepers of prisons, | ||||||
19 | penitentiaries, jails, and other institutions for the | ||||||
20 | detention of persons accused or convicted of an offense. | ||||||
21 | (5) Members of the Armed Services or Reserve Forces of | ||||||
22 | the United States or the Illinois National Guard, while | ||||||
23 | performing their official duties or while traveling to or | ||||||
24 | from their places of duty. | ||||||
25 | (6) Any company that employs armed security officers | ||||||
26 | in this State at a nuclear energy, storage, weapons, or |
| |||||||
| |||||||
1 | development site or facility regulated by the federal | ||||||
2 | Nuclear Regulatory Commission and any person employed as | ||||||
3 | an armed security force member at a nuclear energy, | ||||||
4 | storage, weapons, or development site or facility | ||||||
5 | regulated by the federal Nuclear Regulatory Commission who | ||||||
6 | has completed the background screening and training | ||||||
7 | mandated by the rules and regulations of the federal | ||||||
8 | Nuclear Regulatory Commission and while performing | ||||||
9 | official duties. | ||||||
10 | (7) Any private security contractor agency licensed | ||||||
11 | under the Private Detective, Private Alarm, Private | ||||||
12 | Security, Fingerprint Vendor, and Locksmith Act of 2004 | ||||||
13 | that employs private security contractors and any private | ||||||
14 | security contractor who is licensed and has been issued a | ||||||
15 | firearm control card under the Private Detective, Private | ||||||
16 | Alarm, Private Security, Fingerprint Vendor, and Locksmith | ||||||
17 | Act of 2004 while performing official duties. | ||||||
18 | The provisions of this Section do not apply to the | ||||||
19 | manufacture, delivery, sale, import, purchase, or possession | ||||||
20 | of an assault weapon, assault weapon attachment, .50 caliber | ||||||
21 | rifle, or .50 caliber cartridge or causing the manufacture, | ||||||
22 | delivery, sale, importation, purchase, or possession of those | ||||||
23 | items: | ||||||
24 | (A) for sale or transfer to persons authorized under | ||||||
25 | subdivisions (1) through (7) of this subsection (e) to | ||||||
26 | possess those items; |
| |||||||
| |||||||
1 | (B) for sale or transfer to the United States or any | ||||||
2 | department or agency thereof; or | ||||||
3 | (C) for sale or transfer in another state or for | ||||||
4 | export. | ||||||
5 | This Section does not apply to or affect any of the | ||||||
6 | following: | ||||||
7 | (i) Possession of any firearm if that firearm is | ||||||
8 | sanctioned by the International Olympic Committee and by | ||||||
9 | USA Shooting, the national governing body for | ||||||
10 | international shooting competition in the United States, | ||||||
11 | but only when the firearm is in the actual possession of an | ||||||
12 | Olympic target shooting competitor or target shooting | ||||||
13 | coach for the purpose of storage, transporting to and from | ||||||
14 | Olympic target shooting practice or events if the firearm | ||||||
15 | is broken down in a nonfunctioning state, is not | ||||||
16 | immediately accessible, or is unloaded and enclosed in a | ||||||
17 | firearm case, carrying box, shipping box, or other similar | ||||||
18 | portable container designed for the safe transportation of | ||||||
19 | firearms, and when the Olympic target shooting competitor | ||||||
20 | or target shooting coach is engaging in those practices or | ||||||
21 | events. For the purposes of this paragraph (8), "firearm" | ||||||
22 | has the meaning provided in Section 2-7.5 1.1 of the | ||||||
23 | Firearm Owners Identification Card Act . | ||||||
24 | (ii) Any nonresident who transports, within 24 hours, | ||||||
25 | a weapon for any lawful purpose from any place where the | ||||||
26 | nonresident may lawfully possess and carry that weapon to |
| |||||||
| |||||||
1 | any other place where the nonresident may lawfully possess | ||||||
2 | and carry that weapon if, during the transportation, the | ||||||
3 | weapon is unloaded, and neither the weapon nor any | ||||||
4 | ammunition being transported is readily accessible or is | ||||||
5 | directly accessible from the passenger compartment of the | ||||||
6 | transporting vehicle. In the case of a vehicle without a | ||||||
7 | compartment separate from the driver's compartment, the | ||||||
8 | weapon or ammunition shall be contained in a locked | ||||||
9 | container other than the glove compartment or console. | ||||||
10 | (iii) Possession of a weapon at an event taking place | ||||||
11 | at the World Shooting and Recreational Complex at Sparta, | ||||||
12 | only while engaged in the legal use of the weapon, or while | ||||||
13 | traveling to or from that location if the weapon is broken | ||||||
14 | down in a nonfunctioning state, is not immediately | ||||||
15 | accessible, or is unloaded and enclosed in a firearm case, | ||||||
16 | carrying box, shipping box, or other similar portable | ||||||
17 | container designed for the safe transportation of | ||||||
18 | firearms. | ||||||
19 | (iv) Possession of a weapon only for hunting use | ||||||
20 | expressly permitted under the Wildlife Code, or while | ||||||
21 | traveling to or from a location authorized for this | ||||||
22 | hunting use under the Wildlife Code if the weapon is | ||||||
23 | broken down in a nonfunctioning state, is not immediately | ||||||
24 | accessible, or is unloaded and enclosed in a firearm case, | ||||||
25 | carrying box, shipping box, or other similar portable | ||||||
26 | container designed for the safe transportation of |
| |||||||
| |||||||
1 | firearms. By October 1, 2023, the Illinois State Police, | ||||||
2 | in consultation with the Department of Natural Resources, | ||||||
3 | shall adopt rules concerning the list of applicable | ||||||
4 | weapons approved under this subparagraph (iv). The | ||||||
5 | Illinois State Police may adopt emergency rules in | ||||||
6 | accordance with Section 5-45 of the Illinois | ||||||
7 | Administrative Procedure Act. The adoption of emergency | ||||||
8 | rules authorized by Section 5-45 of the Illinois | ||||||
9 | Administrative Procedure Act and this paragraph is deemed | ||||||
10 | to be necessary for the public interest, safety, and | ||||||
11 | welfare. | ||||||
12 | (v) The manufacture, transportation, possession, sale, | ||||||
13 | or rental of blank-firing assault weapons and .50 caliber | ||||||
14 | rifles, or the weapon's respective attachments, to persons | ||||||
15 | authorized or permitted, or both authorized and permitted, | ||||||
16 | to acquire and possess these weapons or attachments for | ||||||
17 | the purpose of rental for use solely as props for a motion | ||||||
18 | picture, television, or video production or entertainment | ||||||
19 | event. | ||||||
20 | Any person not subject to this Section may submit an | ||||||
21 | endorsement affidavit if the person chooses. | ||||||
22 | (f) Any sale or transfer with a background check initiated | ||||||
23 | to the Illinois State Police on or before January 10, 2023 ( the | ||||||
24 | effective date of Public Act 102-1116) this amendatory Act of | ||||||
25 | the 102nd General Assembly is allowed to be completed after | ||||||
26 | January 10, 2023 the effective date of this amendatory Act |
| |||||||
| |||||||
1 | once an approval is issued by the Illinois State Police and any | ||||||
2 | applicable waiting period under Section 24-3 has expired. | ||||||
3 | (g) The Illinois State Police shall take all steps | ||||||
4 | necessary to carry out the requirements of this Section within | ||||||
5 | by October 1, 2023. | ||||||
6 | (h) The Illinois Department of the State Police shall also | ||||||
7 | develop and implement a public notice and public outreach | ||||||
8 | campaign to promote awareness about the provisions of Public | ||||||
9 | Act 102-1116 this amendatory Act of the 102nd General Assembly | ||||||
10 | and to increase compliance with this Section. | ||||||
11 | (Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.) | ||||||
12 | (720 ILCS 5/24-1.10) | ||||||
13 | Sec. 24-1.10. Manufacture, delivery, sale, and possession | ||||||
14 | of large capacity ammunition feeding devices. | ||||||
15 | (a) In this Section: | ||||||
16 | "Handgun" has the meaning ascribed to it in the Firearm | ||||||
17 | Concealed Carry Act. | ||||||
18 | "Long gun" means a rifle or shotgun. | ||||||
19 | "Large capacity ammunition feeding device" means: | ||||||
20 | (1) a magazine, belt, drum, feed strip, or similar | ||||||
21 | device that has a capacity of, or that can be readily | ||||||
22 | restored or converted to accept, more than 10 rounds of | ||||||
23 | ammunition for long guns and more than 15 rounds of | ||||||
24 | ammunition for handguns; or | ||||||
25 | (2) any combination of parts from which a device |
| |||||||
| |||||||
1 | described in paragraph (1) can be assembled. | ||||||
2 | "Large capacity ammunition feeding device" does not | ||||||
3 | include an attached tubular device designed to accept, and | ||||||
4 | capable of operating only with, .22 caliber rimfire | ||||||
5 | ammunition. "Large capacity ammunition feeding device" does | ||||||
6 | not include a tubular magazine that is contained in a | ||||||
7 | lever-action firearm or any device that has been made | ||||||
8 | permanently inoperable. | ||||||
9 | (b) Except as provided in subsections (e) and (f), it is | ||||||
10 | unlawful for any person within this State to knowingly | ||||||
11 | manufacture, deliver, sell, purchase, or cause to be | ||||||
12 | manufactured, delivered, sold, or purchased a large capacity | ||||||
13 | ammunition feeding device. | ||||||
14 | (c) Except as provided in subsections (d), (e), and (f), | ||||||
15 | and beginning 90 days after January 10, 2023 ( the effective | ||||||
16 | date of Public Act 102-1116) this amendatory Act of the 102nd | ||||||
17 | General Assembly , it is unlawful to knowingly possess a large | ||||||
18 | capacity ammunition feeding device. | ||||||
19 | (d) Subsection (c) does not apply to a person's possession | ||||||
20 | of a large capacity ammunition feeding device if the person | ||||||
21 | lawfully possessed that large capacity ammunition feeding | ||||||
22 | device before January 10, 2023 ( the effective date of Public | ||||||
23 | Act 102-1116) this amendatory Act of the 102nd General | ||||||
24 | Assembly , provided that the person shall possess such device | ||||||
25 | only: | ||||||
26 | (1) on private property owned or immediately |
| |||||||
| |||||||
1 | controlled by the person; | ||||||
2 | (2) on private property that is not open to the public | ||||||
3 | with the express permission of the person who owns or | ||||||
4 | immediately controls such property; | ||||||
5 | (3) while on the premises of a licensed firearms | ||||||
6 | dealer or gunsmith for the purpose of lawful repair; | ||||||
7 | (4) while engaged in the legal use of the large | ||||||
8 | capacity ammunition feeding device at a properly licensed | ||||||
9 | firing range or sport shooting competition venue; or | ||||||
10 | (5) while traveling to or from these locations, | ||||||
11 | provided that the large capacity ammunition feeding device | ||||||
12 | is stored unloaded and enclosed in a case, firearm | ||||||
13 | carrying box, shipping box, or other container. | ||||||
14 | A person authorized under this Section to possess a large | ||||||
15 | capacity ammunition feeding device may transfer the large | ||||||
16 | capacity ammunition feeding device only to an heir, an | ||||||
17 | individual residing in another state maintaining it in another | ||||||
18 | state, or a dealer licensed as a federal firearms dealer under | ||||||
19 | Section 923 of the federal Gun Control Act of 1968. Within 10 | ||||||
20 | days after transfer of the large capacity ammunition feeding | ||||||
21 | device except to an heir, the person shall notify the Illinois | ||||||
22 | State Police of the name and address of the transferee and | ||||||
23 | comply with the requirements of subsection (b) of Section 3 of | ||||||
24 | the Firearm Owners Identification Card Act . The person to whom | ||||||
25 | the large capacity ammunition feeding device is transferred | ||||||
26 | shall, within 60 days of the transfer, notify the Illinois |
| |||||||
| |||||||
1 | State Police of the person's acquisition and comply with the | ||||||
2 | requirements of subsection (b) of Section 3 of the Firearm | ||||||
3 | Owners Identification Card Act . A person to whom the large | ||||||
4 | capacity ammunition feeding device is transferred may transfer | ||||||
5 | it only as provided in this subsection. | ||||||
6 | Except as provided in subsections (e) and (f) and | ||||||
7 | beginning 90 days after the effective date of this amendatory | ||||||
8 | Act of the 102nd General Assembly, any person who moves into | ||||||
9 | this State in possession of a large capacity ammunition | ||||||
10 | feeding device shall, within 60 days, apply for a Firearm | ||||||
11 | Owners Identification Card. | ||||||
12 | (e) The provisions of this Section regarding the purchase | ||||||
13 | or possession of large capacity ammunition feeding devices, as | ||||||
14 | well as the provisions of this Section that prohibit causing | ||||||
15 | those items to be purchased or possessed, do not apply to: | ||||||
16 | (1) Peace officers as defined in Section 2-13 of this | ||||||
17 | Code. | ||||||
18 | (2) Qualified law enforcement officers and qualified | ||||||
19 | retired law enforcement officers as defined in the Law | ||||||
20 | Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B | ||||||
21 | and 926C) and as recognized under Illinois law. | ||||||
22 | (3) A federal, State, or local law enforcement agency | ||||||
23 | for the purpose of equipping the agency's peace officers | ||||||
24 | as defined in paragraph (1) or (2) of this subsection (e). | ||||||
25 | (4) Wardens, superintendents, and keepers of prisons, | ||||||
26 | penitentiaries, jails, and other institutions for the |
| |||||||
| |||||||
1 | detention of persons accused or convicted of an offense. | ||||||
2 | (5) Members of the Armed Services or Reserve Forces of | ||||||
3 | the United States or the Illinois National Guard, while | ||||||
4 | performing their official duties or while traveling to or | ||||||
5 | from their places of duty. | ||||||
6 | (6) Any company that employs armed security officers | ||||||
7 | in this State at a nuclear energy, storage, weapons, or | ||||||
8 | development site or facility regulated by the federal | ||||||
9 | Nuclear Regulatory Commission and any person employed as | ||||||
10 | an armed security force member at a nuclear energy, | ||||||
11 | storage, weapons, or development site or facility | ||||||
12 | regulated by the federal Nuclear Regulatory Commission who | ||||||
13 | has completed the background screening and training | ||||||
14 | mandated by the rules and regulations of the federal | ||||||
15 | Nuclear Regulatory Commission and while performing | ||||||
16 | official duties. | ||||||
17 | (7) Any private security contractor agency licensed | ||||||
18 | under the Private Detective, Private Alarm, Private | ||||||
19 | Security, Fingerprint Vendor, and Locksmith Act of 2004 | ||||||
20 | that employs private security contractors and any private | ||||||
21 | security contractor who is licensed and has been issued a | ||||||
22 | firearm control card under the Private Detective, Private | ||||||
23 | Alarm, Private Security, Fingerprint Vendor, and Locksmith | ||||||
24 | Act of 2004 while performing official duties. | ||||||
25 | (f) This Section does not apply to or affect any of the | ||||||
26 | following: |
| |||||||
| |||||||
1 | (1) Manufacture, delivery, sale, importation, | ||||||
2 | purchase, or possession or causing to be manufactured, | ||||||
3 | delivered, sold, imported, purchased, or possessed a large | ||||||
4 | capacity ammunition feeding device: | ||||||
5 | (A) for sale or transfer to persons authorized | ||||||
6 | under subdivisions (1) through (7) of subsection (e) | ||||||
7 | to possess those items; | ||||||
8 | (B) for sale or transfer to the United States or | ||||||
9 | any department or agency thereof; or | ||||||
10 | (C) for sale or transfer in another state or for | ||||||
11 | export. | ||||||
12 | (2) Sale or rental of large capacity ammunition | ||||||
13 | feeding devices for blank-firing assault weapons and .50 | ||||||
14 | caliber rifles, to persons authorized or permitted, or | ||||||
15 | both authorized and permitted, to acquire these devices | ||||||
16 | for the purpose of rental for use solely as props for a | ||||||
17 | motion picture, television, or video production or | ||||||
18 | entertainment event. | ||||||
19 | (g) Sentence. A person who knowingly manufactures, | ||||||
20 | delivers, sells, purchases, possesses, or causes to be | ||||||
21 | manufactured, delivered, sold, possessed, or purchased in | ||||||
22 | violation of this Section a large capacity ammunition feeding | ||||||
23 | device capable of holding more than 10 rounds of ammunition | ||||||
24 | for long guns or more than 15 rounds of ammunition for handguns | ||||||
25 | commits a petty offense with a fine of $1,000 for each | ||||||
26 | violation. |
| |||||||
| |||||||
1 | (h) The Illinois Department of the State Police shall also | ||||||
2 | develop and implement a public notice and public outreach | ||||||
3 | campaign to promote awareness about the provisions of Public | ||||||
4 | Act 102-1116 this amendatory Act of the 102nd General Assembly | ||||||
5 | and to increase compliance with this Section. | ||||||
6 | (Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.) | ||||||
7 | (720 ILCS 5/24-2) | ||||||
8 | Sec. 24-2. Exemptions. | ||||||
9 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
10 | 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of | ||||||
11 | the following: | ||||||
12 | (1) Peace officers, and any person summoned by a peace | ||||||
13 | officer to assist in making arrests or preserving the | ||||||
14 | peace, while actually engaged in assisting such officer. | ||||||
15 | (2) Wardens, superintendents and keepers of prisons, | ||||||
16 | penitentiaries, jails and other institutions for the | ||||||
17 | detention of persons accused or convicted of an offense, | ||||||
18 | while in the performance of their official duty, or while | ||||||
19 | commuting between their homes and places of employment. | ||||||
20 | (3) Members of the Armed Services or Reserve Forces of | ||||||
21 | the United States or the Illinois National Guard or the | ||||||
22 | Reserve Officers Training Corps, while in the performance | ||||||
23 | of their official duty. | ||||||
24 | (4) Special agents employed by a railroad or a public | ||||||
25 | utility to perform police functions, and guards of armored |
| |||||||
| |||||||
1 | car companies, while actually engaged in the performance | ||||||
2 | of the duties of their employment or commuting between | ||||||
3 | their homes and places of employment; and watchmen while | ||||||
4 | actually engaged in the performance of the duties of their | ||||||
5 | employment. | ||||||
6 | (5) Persons licensed as private security contractors, | ||||||
7 | private detectives, or private alarm contractors, or | ||||||
8 | employed by a private security contractor, private | ||||||
9 | detective, or private alarm contractor agency licensed by | ||||||
10 | the Department of Financial and Professional Regulation, | ||||||
11 | if their duties include the carrying of a weapon under the | ||||||
12 | provisions of the Private Detective, Private Alarm, | ||||||
13 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
14 | 2004, while actually engaged in the performance of the | ||||||
15 | duties of their employment or commuting between their | ||||||
16 | homes and places of employment. A person shall be | ||||||
17 | considered eligible for this exemption if he or she has | ||||||
18 | completed the required 20 hours of training for a private | ||||||
19 | security contractor, private detective, or private alarm | ||||||
20 | contractor, or employee of a licensed private security | ||||||
21 | contractor, private detective, or private alarm contractor | ||||||
22 | agency and 28 hours of required firearm training, and has | ||||||
23 | been issued a firearm control card by the Department of | ||||||
24 | Financial and Professional Regulation. Conditions for the | ||||||
25 | renewal of firearm control cards issued under the | ||||||
26 | provisions of this Section shall be the same as for those |
| |||||||
| |||||||
1 | cards issued under the provisions of the Private | ||||||
2 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
3 | Vendor, and Locksmith Act of 2004. The firearm control | ||||||
4 | card shall be carried by the private security contractor, | ||||||
5 | private detective, or private alarm contractor, or | ||||||
6 | employee of the licensed private security contractor, | ||||||
7 | private detective, or private alarm contractor agency at | ||||||
8 | all times when he or she is in possession of a concealable | ||||||
9 | weapon permitted by his or her firearm control card. | ||||||
10 | (6) Any person regularly employed in a commercial or | ||||||
11 | industrial operation as a security guard for the | ||||||
12 | protection of persons employed and private property | ||||||
13 | related to such commercial or industrial operation, while | ||||||
14 | actually engaged in the performance of his or her duty or | ||||||
15 | traveling between sites or properties belonging to the | ||||||
16 | employer, and who, as a security guard, is a member of a | ||||||
17 | security force registered with the Department of Financial | ||||||
18 | and Professional Regulation; provided that such security | ||||||
19 | guard has successfully completed a course of study, | ||||||
20 | approved by and supervised by the Department of Financial | ||||||
21 | and Professional Regulation, consisting of not less than | ||||||
22 | 48 hours of training that includes the theory of law | ||||||
23 | enforcement, liability for acts, and the handling of | ||||||
24 | weapons. A person shall be considered eligible for this | ||||||
25 | exemption if he or she has completed the required 20 hours | ||||||
26 | of training for a security officer and 28 hours of |
| |||||||
| |||||||
1 | required firearm training, and has been issued a firearm | ||||||
2 | control card by the Department of Financial and | ||||||
3 | Professional Regulation. Conditions for the renewal of | ||||||
4 | firearm control cards issued under the provisions of this | ||||||
5 | Section shall be the same as for those cards issued under | ||||||
6 | the provisions of the Private Detective, Private Alarm, | ||||||
7 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
8 | 2004. The firearm control card shall be carried by the | ||||||
9 | security guard at all times when he or she is in possession | ||||||
10 | of a concealable weapon permitted by his or her firearm | ||||||
11 | control card. | ||||||
12 | (7) Agents and investigators of the Illinois | ||||||
13 | Legislative Investigating Commission authorized by the | ||||||
14 | Commission to carry the weapons specified in subsections | ||||||
15 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of | ||||||
16 | any investigation for the Commission. | ||||||
17 | (8) Persons employed by a financial institution as a | ||||||
18 | security guard for the protection of other employees and | ||||||
19 | property related to such financial institution, while | ||||||
20 | actually engaged in the performance of their duties, | ||||||
21 | commuting between their homes and places of employment, or | ||||||
22 | traveling between sites or properties owned or operated by | ||||||
23 | such financial institution, and who, as a security guard, | ||||||
24 | is a member of a security force registered with the | ||||||
25 | Department; provided that any person so employed has | ||||||
26 | successfully completed a course of study, approved by and |
| |||||||
| |||||||
1 | supervised by the Department of Financial and Professional | ||||||
2 | Regulation, consisting of not less than 48 hours of | ||||||
3 | training which includes theory of law enforcement, | ||||||
4 | liability for acts, and the handling of weapons. A person | ||||||
5 | shall be considered to be eligible for this exemption if | ||||||
6 | he or she has completed the required 20 hours of training | ||||||
7 | for a security officer and 28 hours of required firearm | ||||||
8 | training, and has been issued a firearm control card by | ||||||
9 | the Department of Financial and Professional Regulation. | ||||||
10 | Conditions for renewal of firearm control cards issued | ||||||
11 | under the provisions of this Section shall be the same as | ||||||
12 | for those issued under the provisions of the Private | ||||||
13 | Detective, Private Alarm, Private Security, Fingerprint | ||||||
14 | Vendor, and Locksmith Act of 2004. The firearm control | ||||||
15 | card shall be carried by the security guard at all times | ||||||
16 | when he or she is in possession of a concealable weapon | ||||||
17 | permitted by his or her firearm control card. For purposes | ||||||
18 | of this subsection, "financial institution" means a bank, | ||||||
19 | savings and loan association, credit union or company | ||||||
20 | providing armored car services. | ||||||
21 | (9) Any person employed by an armored car company to | ||||||
22 | drive an armored car, while actually engaged in the | ||||||
23 | performance of his duties. | ||||||
24 | (10) Persons who have been classified as peace | ||||||
25 | officers pursuant to the Peace Officer Fire Investigation | ||||||
26 | Act. |
| |||||||
| |||||||
1 | (11) Investigators of the Office of the State's | ||||||
2 | Attorneys Appellate Prosecutor authorized by the board of | ||||||
3 | governors of the Office of the State's Attorneys Appellate | ||||||
4 | Prosecutor to carry weapons pursuant to Section 7.06 of | ||||||
5 | the State's Attorneys Appellate Prosecutor's Act. | ||||||
6 | (12) Special investigators appointed by a State's | ||||||
7 | Attorney under Section 3-9005 of the Counties Code. | ||||||
8 | (12.5) Probation officers while in the performance of | ||||||
9 | their duties, or while commuting between their homes, | ||||||
10 | places of employment or specific locations that are part | ||||||
11 | of their assigned duties, with the consent of the chief | ||||||
12 | judge of the circuit for which they are employed, if they | ||||||
13 | have received weapons training according to requirements | ||||||
14 | of the Peace Officer and Probation Officer Firearm | ||||||
15 | Training Act. | ||||||
16 | (13) Court Security Officers while in the performance | ||||||
17 | of their official duties, or while commuting between their | ||||||
18 | homes and places of employment, with the consent of the | ||||||
19 | Sheriff. | ||||||
20 | (13.5) A person employed as an armed security guard at | ||||||
21 | a nuclear energy, storage, weapons or development site or | ||||||
22 | facility regulated by the Nuclear Regulatory Commission | ||||||
23 | who has completed the background screening and training | ||||||
24 | mandated by the rules and regulations of the Nuclear | ||||||
25 | Regulatory Commission. | ||||||
26 | (14) Manufacture, transportation, or sale of weapons |
| |||||||
| |||||||
1 | to persons authorized under subdivisions (1) through | ||||||
2 | (13.5) of this subsection to possess those weapons. | ||||||
3 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
4 | to or affect any person carrying a concealed pistol, revolver, | ||||||
5 | or handgun and the person has been issued a currently valid | ||||||
6 | license under the Firearm Concealed Carry Act at the time of | ||||||
7 | the commission of the offense. | ||||||
8 | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
9 | to or affect a qualified current or retired law enforcement | ||||||
10 | officer or a current or retired deputy, county correctional | ||||||
11 | officer, or correctional officer of the Department of | ||||||
12 | Corrections qualified under the laws of this State or under | ||||||
13 | the federal Law Enforcement Officers Safety Act. | ||||||
14 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
15 | 24-1.6 do not apply to or affect any of the following: | ||||||
16 | (1) Members of any club or organization organized for | ||||||
17 | the purpose of practicing shooting at targets upon | ||||||
18 | established target ranges, whether public or private, and | ||||||
19 | patrons of such ranges, while such members or patrons are | ||||||
20 | using their firearms on those target ranges. | ||||||
21 | (2) Duly authorized military or civil organizations | ||||||
22 | while parading, with the special permission of the | ||||||
23 | Governor. | ||||||
24 | (3) Hunters, trappers, or fishermen while engaged in | ||||||
25 | lawful hunting, trapping, or fishing under the provisions | ||||||
26 | of the Wildlife Code or the Fish and Aquatic Life Code. |
| |||||||
| |||||||
1 | (4) Transportation of weapons that are broken down in | ||||||
2 | a non-functioning state or are not immediately accessible. | ||||||
3 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
4 | gun or taser or other firearm on the land or in the legal | ||||||
5 | dwelling of another person as an invitee with that | ||||||
6 | person's permission. | ||||||
7 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
8 | of the following: | ||||||
9 | (1) Peace officers while in performance of their | ||||||
10 | official duties. | ||||||
11 | (2) Wardens, superintendents and keepers of prisons, | ||||||
12 | penitentiaries, jails and other institutions for the | ||||||
13 | detention of persons accused or convicted of an offense. | ||||||
14 | (3) Members of the Armed Services or Reserve Forces of | ||||||
15 | the United States or the Illinois National Guard, while in | ||||||
16 | the performance of their official duty. | ||||||
17 | (4) Manufacture, transportation, or sale of machine | ||||||
18 | guns to persons authorized under subdivisions (1) through | ||||||
19 | (3) of this subsection to possess machine guns, if the | ||||||
20 | machine guns are broken down in a non-functioning state or | ||||||
21 | are not immediately accessible. | ||||||
22 | (5) Persons licensed under federal law to manufacture | ||||||
23 | any weapon from which 8 or more shots or bullets can be | ||||||
24 | discharged by a single function of the firing device, or | ||||||
25 | ammunition for such weapons, and actually engaged in the | ||||||
26 | business of manufacturing such weapons or ammunition, but |
| |||||||
| |||||||
1 | only with respect to activities which are within the | ||||||
2 | lawful scope of such business, such as the manufacture, | ||||||
3 | transportation, or testing of such weapons or ammunition. | ||||||
4 | This exemption does not authorize the general private | ||||||
5 | possession of any weapon from which 8 or more shots or | ||||||
6 | bullets can be discharged by a single function of the | ||||||
7 | firing device, but only such possession and activities as | ||||||
8 | are within the lawful scope of a licensed manufacturing | ||||||
9 | business described in this paragraph. | ||||||
10 | During transportation, such weapons shall be broken | ||||||
11 | down in a non-functioning state or not immediately | ||||||
12 | accessible. | ||||||
13 | (6) The manufacture, transport, testing, delivery, | ||||||
14 | transfer or sale, and all lawful commercial or | ||||||
15 | experimental activities necessary thereto, of rifles, | ||||||
16 | shotguns, and weapons made from rifles or shotguns, or | ||||||
17 | ammunition for such rifles, shotguns or weapons, where | ||||||
18 | engaged in by a person operating as a contractor or | ||||||
19 | subcontractor pursuant to a contract or subcontract for | ||||||
20 | the development and supply of such rifles, shotguns, | ||||||
21 | weapons or ammunition to the United States government or | ||||||
22 | any branch of the Armed Forces of the United States, when | ||||||
23 | such activities are necessary and incident to fulfilling | ||||||
24 | the terms of such contract. | ||||||
25 | The exemption granted under this subdivision (c)(6) | ||||||
26 | shall also apply to any authorized agent of any such |
| |||||||
| |||||||
1 | contractor or subcontractor who is operating within the | ||||||
2 | scope of his employment, where such activities involving | ||||||
3 | such weapon, weapons or ammunition are necessary and | ||||||
4 | incident to fulfilling the terms of such contract. | ||||||
5 | (7) A person possessing a rifle with a barrel or | ||||||
6 | barrels less than 16 inches in length if: (A) the person | ||||||
7 | has been issued a Curios and Relics license from the U.S. | ||||||
8 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or | ||||||
9 | (B) the person is an active member of a bona fide, | ||||||
10 | nationally recognized military re-enacting group and the | ||||||
11 | modification is required and necessary to accurately | ||||||
12 | portray the weapon for historical re-enactment purposes; | ||||||
13 | the re-enactor is in possession of a valid and current | ||||||
14 | re-enacting group membership credential; and the overall | ||||||
15 | length of the weapon as modified is not less than 26 | ||||||
16 | inches. | ||||||
17 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
18 | possession or carrying of a black-jack or slung-shot by a | ||||||
19 | peace officer. | ||||||
20 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
21 | manager or authorized employee of any place specified in that | ||||||
22 | subsection nor to any law enforcement officer. | ||||||
23 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
24 | Section 24-1.6 do not apply to members of any club or | ||||||
25 | organization organized for the purpose of practicing shooting | ||||||
26 | at targets upon established target ranges, whether public or |
| |||||||
| |||||||
1 | private, while using their firearms on those target ranges. | ||||||
2 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
3 | to: | ||||||
4 | (1) Members of the Armed Services or Reserve Forces of | ||||||
5 | the United States or the Illinois National Guard, while in | ||||||
6 | the performance of their official duty. | ||||||
7 | (2) Bonafide collectors of antique or surplus military | ||||||
8 | ordnance. | ||||||
9 | (3) Laboratories having a department of forensic | ||||||
10 | ballistics, or specializing in the development of | ||||||
11 | ammunition or explosive ordnance. | ||||||
12 | (4) Commerce, preparation, assembly or possession of | ||||||
13 | explosive bullets by manufacturers of ammunition licensed | ||||||
14 | by the federal government, in connection with the supply | ||||||
15 | of those organizations and persons exempted by subdivision | ||||||
16 | (g)(1) of this Section, or like organizations and persons | ||||||
17 | outside this State, or the transportation of explosive | ||||||
18 | bullets to any organization or person exempted in this | ||||||
19 | Section by a common carrier or by a vehicle owned or leased | ||||||
20 | by an exempted manufacturer. | ||||||
21 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
22 | persons licensed under federal law to manufacture any device | ||||||
23 | or attachment of any kind designed, used, or intended for use | ||||||
24 | in silencing the report of any firearm, firearms, or | ||||||
25 | ammunition for those firearms equipped with those devices, and | ||||||
26 | actually engaged in the business of manufacturing those |
| |||||||
| |||||||
1 | devices, firearms, or ammunition, but only with respect to | ||||||
2 | activities that are within the lawful scope of that business, | ||||||
3 | such as the manufacture, transportation, or testing of those | ||||||
4 | devices, firearms, or ammunition. This exemption does not | ||||||
5 | authorize the general private possession of any device or | ||||||
6 | attachment of any kind designed, used, or intended for use in | ||||||
7 | silencing the report of any firearm, but only such possession | ||||||
8 | and activities as are within the lawful scope of a licensed | ||||||
9 | manufacturing business described in this subsection (g-5). | ||||||
10 | During transportation, these devices shall be detached from | ||||||
11 | any weapon or not immediately accessible. | ||||||
12 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
13 | 24-1.6 do not apply to or affect any parole agent or parole | ||||||
14 | supervisor who meets the qualifications and conditions | ||||||
15 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
16 | Corrections. | ||||||
17 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
18 | officer while serving as a member of a tactical response team | ||||||
19 | or special operations team. A peace officer may not personally | ||||||
20 | own or apply for ownership of a device or attachment of any | ||||||
21 | kind designed, used, or intended for use in silencing the | ||||||
22 | report of any firearm. These devices shall be owned and | ||||||
23 | maintained by lawfully recognized units of government whose | ||||||
24 | duties include the investigation of criminal acts. | ||||||
25 | (g-10) (Blank). | ||||||
26 | (h) An information or indictment based upon a violation of |
| |||||||
| |||||||
1 | any subsection of this Article need not negative any | ||||||
2 | exemptions contained in this Article. The defendant shall have | ||||||
3 | the burden of proving such an exemption. | ||||||
4 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
5 | affect the transportation, carrying, or possession, of any | ||||||
6 | pistol or revolver, stun gun, taser, or other firearm | ||||||
7 | consigned to a common carrier operating under license of the | ||||||
8 | State of Illinois or the federal government, where such | ||||||
9 | transportation, carrying, or possession is incident to the | ||||||
10 | lawful transportation in which such common carrier is engaged; | ||||||
11 | and nothing in this Article shall prohibit, apply to, or | ||||||
12 | affect the transportation, carrying, or possession of any | ||||||
13 | pistol, revolver, stun gun, taser, or other firearm, not the | ||||||
14 | subject of and regulated by subsection 24-1(a)(7) or | ||||||
15 | subsection 24-2(c) of this Article, which is unloaded and | ||||||
16 | enclosed in a case, firearm carrying box, shipping box, or | ||||||
17 | other container, by a person eligible under State and federal | ||||||
18 | law to possess a firearm the possessor of a valid Firearm | ||||||
19 | Owners Identification Card . | ||||||
20 | (Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23; | ||||||
21 | 102-837, eff. 5-13-22; 103-154, eff. 6-30-23.) | ||||||
22 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3) | ||||||
23 | Sec. 24-3. Unlawful sale or delivery of firearms. | ||||||
24 | (A) A person commits the offense of unlawful sale or | ||||||
25 | delivery of firearms when he or she knowingly does any of the |
| |||||||
| |||||||
1 | following: | ||||||
2 | (a) Sells or gives any firearm of a size which may be | ||||||
3 | concealed upon the person to any person under 18 years of | ||||||
4 | age. | ||||||
5 | (b) Sells or gives any firearm to a person under 21 | ||||||
6 | years of age who has been convicted of a misdemeanor other | ||||||
7 | than a traffic offense or adjudged delinquent. | ||||||
8 | (c) Sells or gives any firearm to any narcotic addict. | ||||||
9 | (d) Sells or gives any firearm to any person who has | ||||||
10 | been convicted of a felony under the laws of this or any | ||||||
11 | other jurisdiction. | ||||||
12 | (e) Sells or gives any firearm to any person who has | ||||||
13 | been a patient in a mental institution within the past 5 | ||||||
14 | years. In this subsection (e): | ||||||
15 | "Mental institution" means any hospital, | ||||||
16 | institution, clinic, evaluation facility, mental | ||||||
17 | health center, or part thereof, which is used | ||||||
18 | primarily for the care or treatment of persons with | ||||||
19 | mental illness. | ||||||
20 | "Patient in a mental institution" means the person | ||||||
21 | was admitted, either voluntarily or involuntarily, to | ||||||
22 | a mental institution for mental health treatment, | ||||||
23 | unless the treatment was voluntary and solely for an | ||||||
24 | alcohol abuse disorder and no other secondary | ||||||
25 | substance abuse disorder or mental illness. | ||||||
26 | (f) Sells or gives any firearms to any person who is a |
| |||||||
| |||||||
1 | person with an intellectual disability. | ||||||
2 | (g) Delivers any firearm, incidental to a sale, | ||||||
3 | without withholding delivery of the firearm for at least | ||||||
4 | 72 hours after application for its purchase has been made, | ||||||
5 | or delivers a stun gun or taser, incidental to a sale, | ||||||
6 | without withholding delivery of the stun gun or taser for | ||||||
7 | at least 24 hours after application for its purchase has | ||||||
8 | been made. However, this paragraph (g) does not apply to: | ||||||
9 | (1) the sale of a firearm to a law enforcement officer if | ||||||
10 | the seller of the firearm knows that the person to whom he | ||||||
11 | or she is selling the firearm is a law enforcement officer | ||||||
12 | or the sale of a firearm to a person who desires to | ||||||
13 | purchase a firearm for use in promoting the public | ||||||
14 | interest incident to his or her employment as a bank | ||||||
15 | guard, armed truck guard, or other similar employment; (2) | ||||||
16 | a mail order sale of a firearm from a federally licensed | ||||||
17 | firearms dealer to a nonresident of Illinois under which | ||||||
18 | the firearm is mailed to a federally licensed firearms | ||||||
19 | dealer outside the boundaries of Illinois; (3) (blank); | ||||||
20 | (4) the sale of a firearm to a dealer licensed as a federal | ||||||
21 | firearms dealer under Section 923 of the federal Gun | ||||||
22 | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or | ||||||
23 | sale of any rifle, shotgun, or other long gun to a resident | ||||||
24 | registered competitor or attendee or non-resident | ||||||
25 | registered competitor or attendee by any dealer licensed | ||||||
26 | as a federal firearms dealer under Section 923 of the |
| |||||||
| |||||||
1 | federal Gun Control Act of 1968 at competitive shooting | ||||||
2 | events held at the World Shooting Complex sanctioned by a | ||||||
3 | national governing body. For purposes of transfers or | ||||||
4 | sales under subparagraph (5) of this paragraph (g), the | ||||||
5 | Department of Natural Resources shall give notice to the | ||||||
6 | Illinois State Police at least 30 calendar days prior to | ||||||
7 | any competitive shooting events at the World Shooting | ||||||
8 | Complex sanctioned by a national governing body. The | ||||||
9 | notification shall be made on a form prescribed by the | ||||||
10 | Illinois State Police. The sanctioning body shall provide | ||||||
11 | a list of all registered competitors and attendees at | ||||||
12 | least 24 hours before the events to the Illinois State | ||||||
13 | Police. Any changes to the list of registered competitors | ||||||
14 | and attendees shall be forwarded to the Illinois State | ||||||
15 | Police as soon as practicable. The Illinois State Police | ||||||
16 | must destroy the list of registered competitors and | ||||||
17 | attendees no later than 30 days after the date of the | ||||||
18 | event. Nothing in this paragraph (g) relieves a federally | ||||||
19 | licensed firearm dealer from the requirements of | ||||||
20 | conducting a NICS background check through the Illinois | ||||||
21 | Point of Contact under 18 U.S.C. 922(t). For purposes of | ||||||
22 | this paragraph (g), "application" means when the buyer and | ||||||
23 | seller reach an agreement to purchase a firearm. For | ||||||
24 | purposes of this paragraph (g), "national governing body" | ||||||
25 | means a group of persons who adopt rules and formulate | ||||||
26 | policy on behalf of a national firearm sporting |
| |||||||
| |||||||
1 | organization. | ||||||
2 | (h) While holding any license as a dealer, importer, | ||||||
3 | manufacturer or pawnbroker under the federal Gun Control | ||||||
4 | Act of 1968, manufactures, sells or delivers to any | ||||||
5 | unlicensed person a handgun having a barrel, slide, frame | ||||||
6 | or receiver which is a die casting of zinc alloy or any | ||||||
7 | other nonhomogeneous metal which will melt or deform at a | ||||||
8 | temperature of less than 800 degrees Fahrenheit. For | ||||||
9 | purposes of this paragraph, (1) "firearm" has the meaning | ||||||
10 | provided in Section 2-7.5 of the Criminal Code of 2012 is | ||||||
11 | defined as in the Firearm Owners Identification Card Act ; | ||||||
12 | and (2) "handgun" is defined as a firearm designed to be | ||||||
13 | held and fired by the use of a single hand, and includes a | ||||||
14 | combination of parts from which such a firearm can be | ||||||
15 | assembled. | ||||||
16 | (i) Sells or gives a firearm of any size to any person | ||||||
17 | under 18 years of age who is not eligible under State or | ||||||
18 | federal law to possess a firearm does not possess a valid | ||||||
19 | Firearm Owner's Identification Card . | ||||||
20 | (j) Sells or gives a firearm while engaged in the | ||||||
21 | business of selling firearms at wholesale or retail | ||||||
22 | without being licensed as a federal firearms dealer under | ||||||
23 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
24 | U.S.C. 923). In this paragraph (j): | ||||||
25 | A person "engaged in the business" means a person who | ||||||
26 | devotes time, attention, and labor to engaging in the |
| |||||||
| |||||||
1 | activity as a regular course of trade or business with the | ||||||
2 | principal objective of livelihood and profit, but does not | ||||||
3 | include a person who makes occasional repairs of firearms | ||||||
4 | or who occasionally fits special barrels, stocks, or | ||||||
5 | trigger mechanisms to firearms. | ||||||
6 | "With the principal objective of livelihood and | ||||||
7 | profit" means that the intent underlying the sale or | ||||||
8 | disposition of firearms is predominantly one of obtaining | ||||||
9 | livelihood and pecuniary gain, as opposed to other | ||||||
10 | intents, such as improving or liquidating a personal | ||||||
11 | firearms collection; however, proof of profit shall not be | ||||||
12 | required as to a person who engages in the regular and | ||||||
13 | repetitive purchase and disposition of firearms for | ||||||
14 | criminal purposes or terrorism. | ||||||
15 | (k) (Blank). Sells or transfers ownership of a firearm | ||||||
16 | to a person who does not display to the seller or | ||||||
17 | transferor of the firearm either: (1) a currently valid | ||||||
18 | Firearm Owner's Identification Card that has previously | ||||||
19 | been issued in the transferee's name by the Illinois State | ||||||
20 | Police under the provisions of the Firearm Owners | ||||||
21 | Identification Card Act; or (2) a currently valid license | ||||||
22 | to carry a concealed firearm that has previously been | ||||||
23 | issued in the transferee's name by the Illinois State | ||||||
24 | Police under the Firearm Concealed Carry Act. This | ||||||
25 | paragraph (k) does not apply to the transfer of a firearm | ||||||
26 | to a person who is exempt from the requirement of |
| |||||||
| |||||||
1 | possessing a Firearm Owner's Identification Card under | ||||||
2 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
3 | For the purposes of this Section, a currently valid | ||||||
4 | Firearm Owner's Identification Card or license to carry a | ||||||
5 | concealed firearm means receipt of an approval number | ||||||
6 | issued in accordance with subsection (a-10) of Section 3 | ||||||
7 | or Section 3.1 of the Firearm Owners Identification Card | ||||||
8 | Act. | ||||||
9 | (1) (Blank). In addition to the other requirements | ||||||
10 | of this paragraph (k), all persons who are not | ||||||
11 | federally licensed firearms dealers must also have | ||||||
12 | complied with subsection (a-10) of Section 3 of the | ||||||
13 | Firearm Owners Identification Card Act by determining | ||||||
14 | the validity of a purchaser's Firearm Owner's | ||||||
15 | Identification Card. | ||||||
16 | (2) (Blank). All sellers or transferors who have | ||||||
17 | complied with the requirements of subparagraph (1) of | ||||||
18 | this paragraph (k) shall not be liable for damages in | ||||||
19 | any civil action arising from the use or misuse by the | ||||||
20 | transferee of the firearm transferred, except for | ||||||
21 | willful or wanton misconduct on the part of the seller | ||||||
22 | or transferor. | ||||||
23 | (l) Not being entitled to the possession of a firearm, | ||||||
24 | delivers the firearm, knowing it to have been stolen or | ||||||
25 | converted. It may be inferred that a person who possesses | ||||||
26 | a firearm with knowledge that its serial number has been |
| |||||||
| |||||||
1 | removed or altered has knowledge that the firearm is | ||||||
2 | stolen or converted. | ||||||
3 | (B) Paragraph (h) of subsection (A) does not include | ||||||
4 | firearms sold within 6 months after enactment of Public Act | ||||||
5 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
6 | nor is any firearm legally owned or possessed by any citizen or | ||||||
7 | purchased by any citizen within 6 months after the enactment | ||||||
8 | of Public Act 78-355 subject to confiscation or seizure under | ||||||
9 | the provisions of that Public Act. Nothing in Public Act | ||||||
10 | 78-355 shall be construed to prohibit the gift or trade of any | ||||||
11 | firearm if that firearm was legally held or acquired within 6 | ||||||
12 | months after the enactment of that Public Act. | ||||||
13 | (C) Sentence. | ||||||
14 | (1) Any person convicted of unlawful sale or delivery | ||||||
15 | of firearms in violation of paragraph (c), (e), (f), (g), | ||||||
16 | or (h) of subsection (A) commits a Class 4 felony. | ||||||
17 | (2) Any person convicted of unlawful sale or delivery | ||||||
18 | of firearms in violation of paragraph (b) or (i) of | ||||||
19 | subsection (A) commits a Class 3 felony. | ||||||
20 | (3) Any person convicted of unlawful sale or delivery | ||||||
21 | of firearms in violation of paragraph (a) of subsection | ||||||
22 | (A) commits a Class 2 felony. | ||||||
23 | (4) Any person convicted of unlawful sale or delivery | ||||||
24 | of firearms in violation of paragraph (a), (b), or (i) of | ||||||
25 | subsection (A) in any school, on the real property | ||||||
26 | comprising a school, within 1,000 feet of the real |
| |||||||
| |||||||
1 | property comprising a school, at a school related | ||||||
2 | activity, or on or within 1,000 feet of any conveyance | ||||||
3 | owned, leased, or contracted by a school or school | ||||||
4 | district to transport students to or from school or a | ||||||
5 | school related activity, regardless of the time of day or | ||||||
6 | time of year at which the offense was committed, commits a | ||||||
7 | Class 1 felony. Any person convicted of a second or | ||||||
8 | subsequent violation of unlawful sale or delivery of | ||||||
9 | firearms in violation of paragraph (a), (b), or (i) of | ||||||
10 | subsection (A) in any school, on the real property | ||||||
11 | comprising a school, within 1,000 feet of the real | ||||||
12 | property comprising a school, at a school related | ||||||
13 | activity, or on or within 1,000 feet of any conveyance | ||||||
14 | owned, leased, or contracted by a school or school | ||||||
15 | district to transport students to or from school or a | ||||||
16 | school related activity, regardless of the time of day or | ||||||
17 | time of year at which the offense was committed, commits a | ||||||
18 | Class 1 felony for which the sentence shall be a term of | ||||||
19 | imprisonment of no less than 5 years and no more than 15 | ||||||
20 | years. | ||||||
21 | (5) Any person convicted of unlawful sale or delivery | ||||||
22 | of firearms in violation of paragraph (a) or (i) of | ||||||
23 | subsection (A) in residential property owned, operated, or | ||||||
24 | managed by a public housing agency or leased by a public | ||||||
25 | housing agency as part of a scattered site or mixed-income | ||||||
26 | development, in a public park, in a courthouse, on |
| |||||||
| |||||||
1 | residential property owned, operated, or managed by a | ||||||
2 | public housing agency or leased by a public housing agency | ||||||
3 | as part of a scattered site or mixed-income development, | ||||||
4 | on the real property comprising any public park, on the | ||||||
5 | real property comprising any courthouse, or on any public | ||||||
6 | way within 1,000 feet of the real property comprising any | ||||||
7 | public park, courthouse, or residential property owned, | ||||||
8 | operated, or managed by a public housing agency or leased | ||||||
9 | by a public housing agency as part of a scattered site or | ||||||
10 | mixed-income development commits a Class 2 felony. | ||||||
11 | (6) Any person convicted of unlawful sale or delivery | ||||||
12 | of firearms in violation of paragraph (j) of subsection | ||||||
13 | (A) commits a Class A misdemeanor. A second or subsequent | ||||||
14 | violation is a Class 4 felony. | ||||||
15 | (7) (Blank). Any person convicted of unlawful sale or | ||||||
16 | delivery of firearms in violation of paragraph (k) of | ||||||
17 | subsection (A) commits a Class 4 felony, except that a | ||||||
18 | violation of subparagraph (1) of paragraph (k) of | ||||||
19 | subsection (A) shall not be punishable as a crime or petty | ||||||
20 | offense. A third or subsequent conviction for a violation | ||||||
21 | of paragraph (k) of subsection (A) is a Class 1 felony. | ||||||
22 | (8) A person 18 years of age or older convicted of | ||||||
23 | unlawful sale or delivery of firearms in violation of | ||||||
24 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
25 | that was sold or given to another person under 18 years of | ||||||
26 | age was used in the commission of or attempt to commit a |
| |||||||
| |||||||
1 | forcible felony, shall be fined or imprisoned, or both, | ||||||
2 | not to exceed the maximum provided for the most serious | ||||||
3 | forcible felony so committed or attempted by the person | ||||||
4 | under 18 years of age who was sold or given the firearm. | ||||||
5 | (9) Any person convicted of unlawful sale or delivery | ||||||
6 | of firearms in violation of paragraph (d) of subsection | ||||||
7 | (A) commits a Class 3 felony. | ||||||
8 | (10) Any person convicted of unlawful sale or delivery | ||||||
9 | of firearms in violation of paragraph (l) of subsection | ||||||
10 | (A) commits a Class 2 felony if the delivery is of one | ||||||
11 | firearm. Any person convicted of unlawful sale or delivery | ||||||
12 | of firearms in violation of paragraph (l) of subsection | ||||||
13 | (A) commits a Class 1 felony if the delivery is of not less | ||||||
14 | than 2 and not more than 5 firearms at the same time or | ||||||
15 | within a one-year period. Any person convicted of unlawful | ||||||
16 | sale or delivery of firearms in violation of paragraph (l) | ||||||
17 | of subsection (A) commits a Class X felony for which he or | ||||||
18 | she shall be sentenced to a term of imprisonment of not | ||||||
19 | less than 6 years and not more than 30 years if the | ||||||
20 | delivery is of not less than 6 and not more than 10 | ||||||
21 | firearms at the same time or within a 2-year period. Any | ||||||
22 | person convicted of unlawful sale or delivery of firearms | ||||||
23 | in violation of paragraph (l) of subsection (A) commits a | ||||||
24 | Class X felony for which he or she shall be sentenced to a | ||||||
25 | term of imprisonment of not less than 6 years and not more | ||||||
26 | than 40 years if the delivery is of not less than 11 and |
| |||||||
| |||||||
1 | not more than 20 firearms at the same time or within a | ||||||
2 | 3-year period. Any person convicted of unlawful sale or | ||||||
3 | delivery of firearms in violation of paragraph (l) of | ||||||
4 | subsection (A) commits a Class X felony for which he or she | ||||||
5 | shall be sentenced to a term of imprisonment of not less | ||||||
6 | than 6 years and not more than 50 years if the delivery is | ||||||
7 | of not less than 21 and not more than 30 firearms at the | ||||||
8 | same time or within a 4-year period. Any person convicted | ||||||
9 | of unlawful sale or delivery of firearms in violation of | ||||||
10 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
11 | for which he or she shall be sentenced to a term of | ||||||
12 | imprisonment of not less than 6 years and not more than 60 | ||||||
13 | years if the delivery is of 31 or more firearms at the same | ||||||
14 | time or within a 5-year period. | ||||||
15 | (D) For purposes of this Section: | ||||||
16 | "School" means a public or private elementary or secondary | ||||||
17 | school, community college, college, or university. | ||||||
18 | "School related activity" means any sporting, social, | ||||||
19 | academic, or other activity for which students' attendance or | ||||||
20 | participation is sponsored, organized, or funded in whole or | ||||||
21 | in part by a school or school district. | ||||||
22 | (E) (Blank). A prosecution for a violation of paragraph | ||||||
23 | (k) of subsection (A) of this Section may be commenced within 6 | ||||||
24 | years after the commission of the offense. A prosecution for a | ||||||
25 | violation of this Section other than paragraph (g) of | ||||||
26 | subsection (A) of this Section may be commenced within 5 years |
| |||||||
| |||||||
1 | after the commission of the offense defined in the particular | ||||||
2 | paragraph. | ||||||
3 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
4 | 102-813, eff. 5-13-22.) | ||||||
5 | (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1) | ||||||
6 | Sec. 24-3.1. Unlawful possession of firearms and firearm | ||||||
7 | ammunition. | ||||||
8 | (a) A person commits the offense of unlawful possession of | ||||||
9 | firearms or firearm ammunition when: | ||||||
10 | (1) He is under 18 years of age and has in his | ||||||
11 | possession any firearm of a size which may be concealed | ||||||
12 | upon the person; or | ||||||
13 | (2) He is under 21 years of age, has been convicted of | ||||||
14 | a misdemeanor other than a traffic offense or adjudged | ||||||
15 | delinquent and has any firearms or firearm ammunition in | ||||||
16 | his possession; or | ||||||
17 | (3) He is a narcotic addict and has any firearms or | ||||||
18 | firearm ammunition in his possession; or | ||||||
19 | (4) He has been a patient in a mental institution | ||||||
20 | within the past 5 years and has any firearms or firearm | ||||||
21 | ammunition in his possession. For purposes of this | ||||||
22 | paragraph (4): | ||||||
23 | "Mental institution" means any hospital, | ||||||
24 | institution, clinic, evaluation facility, mental | ||||||
25 | health center, or part thereof, which is used |
| |||||||
| |||||||
1 | primarily for the care or treatment of persons with | ||||||
2 | mental illness. | ||||||
3 | "Patient in a mental institution" means the person | ||||||
4 | was admitted, either voluntarily or involuntarily, to | ||||||
5 | a mental institution for mental health treatment, | ||||||
6 | unless the treatment was voluntary and solely for an | ||||||
7 | alcohol abuse disorder and no other secondary | ||||||
8 | substance abuse disorder or mental illness; or | ||||||
9 | (5) He is a person with an intellectual disability and | ||||||
10 | has any firearms or firearm ammunition in his possession; | ||||||
11 | or | ||||||
12 | (6) He has in his possession any explosive bullet. | ||||||
13 | For purposes of this paragraph "explosive bullet" means | ||||||
14 | the projectile portion of an ammunition cartridge which | ||||||
15 | contains or carries an explosive charge which will explode | ||||||
16 | upon contact with the flesh of a human or an animal. | ||||||
17 | "Cartridge" means a tubular metal case having a projectile | ||||||
18 | affixed at the front thereof and a cap or primer at the rear | ||||||
19 | end thereof, with the propellant contained in such tube | ||||||
20 | between the projectile and the cap. | ||||||
21 | (a-5) A person prohibited from possessing a firearm under | ||||||
22 | this Section may petition the Director of the Illinois State | ||||||
23 | Police for a hearing and relief from the prohibition, unless | ||||||
24 | the prohibition was based upon a forcible felony, stalking, | ||||||
25 | aggravated stalking, domestic battery, any violation of the | ||||||
26 | Illinois Controlled Substances Act, the Methamphetamine |
| |||||||
| |||||||
1 | Control and Community Protection Act, or the Cannabis Control | ||||||
2 | Act that is classified as a Class 2 or greater felony, any | ||||||
3 | felony violation of Article 24 of the Criminal Code of 1961 or | ||||||
4 | the Criminal Code of 2012, or any adjudication as a delinquent | ||||||
5 | minor for the commission of an offense that if committed by an | ||||||
6 | adult would be a felony, in which case the person may petition | ||||||
7 | the circuit court in writing in the county of his or her | ||||||
8 | residence for a hearing and relief from the prohibition. The | ||||||
9 | Director or court may grant the relief if it is established by | ||||||
10 | the petitioner to the court's or Director's satisfaction that: | ||||||
11 | (1) when in the circuit court, the State's Attorney | ||||||
12 | has been served with a written copy of the petition at | ||||||
13 | least 30 days before any hearing in the circuit court and | ||||||
14 | at the hearing the State's Attorney was afforded an | ||||||
15 | opportunity to present evidence and object to the | ||||||
16 | petition; | ||||||
17 | (2) the petitioner has not been convicted of a | ||||||
18 | forcible felony under the laws of this State or any other | ||||||
19 | jurisdiction within 20 years of the filing of the | ||||||
20 | petition, or at least 20 years have passed since the end of | ||||||
21 | any period of imprisonment imposed in relation to that | ||||||
22 | conviction; | ||||||
23 | (3) the circumstances regarding a criminal conviction, | ||||||
24 | where applicable, the petitioner's criminal history and | ||||||
25 | his reputation are such that the petitioner will not be | ||||||
26 | likely to act in a manner dangerous to public safety; |
| |||||||
| |||||||
1 | (4) granting relief would not be contrary to the | ||||||
2 | public interest; and | ||||||
3 | (5) granting relief would not be contrary to federal | ||||||
4 | law. | ||||||
5 | (b) Sentence. | ||||||
6 | Unlawful possession of firearms, other than handguns, and | ||||||
7 | firearm ammunition is a Class A misdemeanor. Unlawful | ||||||
8 | possession of handguns is a Class 4 felony. The possession of | ||||||
9 | each firearm or firearm ammunition in violation of this | ||||||
10 | Section constitutes a single and separate violation. | ||||||
11 | (c) Nothing in paragraph (1) of subsection (a) of this | ||||||
12 | Section prohibits a person under 18 years of age from | ||||||
13 | participating in any lawful recreational activity with a | ||||||
14 | firearm such as, but not limited to, practice shooting at | ||||||
15 | targets upon established public or private target ranges or | ||||||
16 | hunting, trapping, or fishing in accordance with the Wildlife | ||||||
17 | Code or the Fish and Aquatic Life Code. | ||||||
18 | (Source: P.A. 99-143, eff. 7-27-15.) | ||||||
19 | (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2) | ||||||
20 | Sec. 24-3.2. Unlawful discharge of firearm projectiles. | ||||||
21 | (a) A person commits the offense of unlawful discharge of | ||||||
22 | firearm projectiles when he or she knowingly or recklessly | ||||||
23 | uses an armor piercing bullet, dragon's breath shotgun shell, | ||||||
24 | bolo shell, or flechette shell in violation of this Section. | ||||||
25 | For purposes of this Section: |
| |||||||
| |||||||
1 | "Armor piercing bullet" means any handgun bullet or | ||||||
2 | handgun ammunition with projectiles or projectile cores | ||||||
3 | constructed entirely (excluding the presence of traces of | ||||||
4 | other substances) from tungsten alloys, steel, iron, brass, | ||||||
5 | bronze, beryllium copper or depleted uranium, or fully | ||||||
6 | jacketed bullets larger than 22 caliber whose jacket has a | ||||||
7 | weight of more than 25% of the total weight of the projectile, | ||||||
8 | and excluding those handgun projectiles whose cores are | ||||||
9 | composed of soft materials such as lead or lead alloys, zinc or | ||||||
10 | zinc alloys, frangible projectiles designed primarily for | ||||||
11 | sporting purposes, and any other projectiles or projectile | ||||||
12 | cores that the U. S. Secretary of the Treasury finds to be | ||||||
13 | primarily intended to be used for sporting purposes or | ||||||
14 | industrial purposes or that otherwise does not constitute | ||||||
15 | "armor piercing ammunition" as that term is defined by federal | ||||||
16 | law. | ||||||
17 | "Dragon's breath shotgun shell" means any shotgun shell | ||||||
18 | that contains exothermic pyrophoric mesh metal as the | ||||||
19 | projectile and is designed for the purpose of throwing or | ||||||
20 | spewing a flame or fireball to simulate a flame-thrower. | ||||||
21 | "Bolo shell" means any shell that can be fired in a firearm | ||||||
22 | and expels as projectiles 2 or more metal balls connected by | ||||||
23 | solid metal wire. | ||||||
24 | "Flechette shell" means any shell that can be fired in a | ||||||
25 | firearm and expels 2 or more pieces of fin-stabilized solid | ||||||
26 | metal wire or 2 or more solid dart-type projectiles. |
| |||||||
| |||||||
1 | (b) A person commits a Class X felony when he or she, | ||||||
2 | knowing that a firearm , as defined in Section 1.1 of the | ||||||
3 | Firearm Owners Identification Card Act, is loaded with an | ||||||
4 | armor piercing bullet, dragon's breath shotgun shell, bolo | ||||||
5 | shell, or flechette shell, intentionally or recklessly | ||||||
6 | discharges such firearm and such bullet or shell strikes any | ||||||
7 | other person. | ||||||
8 | (c) Any person who possesses, concealed on or about his or | ||||||
9 | her person, an armor piercing bullet, dragon's breath shotgun | ||||||
10 | shell, bolo shell, or flechette shell and a firearm suitable | ||||||
11 | for the discharge thereof is guilty of a Class 2 felony. | ||||||
12 | (d) This Section does not apply to or affect any of the | ||||||
13 | following: | ||||||
14 | (1) Peace officers; | ||||||
15 | (2) Wardens, superintendents and keepers of prisons, | ||||||
16 | penitentiaries, jails and other institutions for the | ||||||
17 | detention of persons accused or convicted of an offense; | ||||||
18 | (3) Members of the Armed Services or Reserve Forces of | ||||||
19 | the United States or the Illinois National Guard while in | ||||||
20 | the performance of their official duties; | ||||||
21 | (4) Federal officials required to carry firearms, | ||||||
22 | while engaged in the performance of their official duties; | ||||||
23 | (5) United States Marshals, while engaged in the | ||||||
24 | performance of their official duties. | ||||||
25 | (Source: P.A. 92-423, eff. 1-1-02.) |
| |||||||
| |||||||
1 | (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4) | ||||||
2 | Sec. 24-3.4. Unlawful sale of firearms by liquor licensee. | ||||||
3 | (a) It shall be unlawful for any person who holds a license | ||||||
4 | to sell at retail any alcoholic liquor issued by the Illinois | ||||||
5 | Liquor Control Commission or local liquor control commissioner | ||||||
6 | under the Liquor Control Act of 1934 or an agent or employee of | ||||||
7 | the licensee to sell or deliver to any other person a firearm | ||||||
8 | in or on the real property of the establishment where the | ||||||
9 | licensee is licensed to sell alcoholic liquors unless the sale | ||||||
10 | or delivery of the firearm is otherwise lawful under this | ||||||
11 | Article and under the Firearm Owners Identification Card Act . | ||||||
12 | (b) Sentence. A violation of subsection (a) of this | ||||||
13 | Section is a Class 4 felony. | ||||||
14 | (Source: P.A. 87-591.) | ||||||
15 | (720 ILCS 5/24-3.5) | ||||||
16 | Sec. 24-3.5. Unlawful purchase of a firearm. | ||||||
17 | (a) For purposes of this Section, "firearms transaction | ||||||
18 | record form" means a form: | ||||||
19 | (1) executed by a transferee of a firearm stating: (i) | ||||||
20 | the transferee's name and address (including county or | ||||||
21 | similar political subdivision); (ii) whether the | ||||||
22 | transferee is a citizen of the United States; (iii) the | ||||||
23 | transferee's State of residence; and (iv) the date and | ||||||
24 | place of birth, height, weight, and race of the | ||||||
25 | transferee; and |
| |||||||
| |||||||
1 | (2) on which the transferee certifies that he or she | ||||||
2 | is not prohibited by federal law from transporting or | ||||||
3 | shipping a firearm in interstate or foreign commerce or | ||||||
4 | receiving a firearm that has been shipped or transported | ||||||
5 | in interstate or foreign commerce or possessing a firearm | ||||||
6 | in or affecting commerce. | ||||||
7 | (b) A person commits the offense of unlawful purchase of a | ||||||
8 | firearm who knowingly purchases or attempts to purchase a | ||||||
9 | firearm with the intent to deliver that firearm to another | ||||||
10 | person who is prohibited by federal or State law from | ||||||
11 | possessing a firearm. | ||||||
12 | (c) A person commits the offense of unlawful purchase of a | ||||||
13 | firearm when he or she, in purchasing or attempting to | ||||||
14 | purchase a firearm, intentionally provides false or misleading | ||||||
15 | information on a United States Department of the Treasury, | ||||||
16 | Bureau of Alcohol, Tobacco and Firearms firearms transaction | ||||||
17 | record form. | ||||||
18 | (d) Exemption. It is not a violation of subsection (b) of | ||||||
19 | this Section for a person to make a gift or loan of a firearm | ||||||
20 | to a person who is not prohibited by federal or State law from | ||||||
21 | possessing a firearm if the transfer of the firearm is made in | ||||||
22 | accordance with Section 3 of the Firearm Owners Identification | ||||||
23 | Card Act . | ||||||
24 | (e) Sentence. | ||||||
25 | (1) A person who commits the offense of unlawful | ||||||
26 | purchase of a firearm: |
| |||||||
| |||||||
1 | (A) is guilty of a Class 2 felony for purchasing or | ||||||
2 | attempting to purchase one firearm; | ||||||
3 | (B) is guilty of a Class 1 felony for purchasing or | ||||||
4 | attempting to purchase not less than 2 firearms and | ||||||
5 | not more than 5 firearms at the same time or within a | ||||||
6 | one year period; | ||||||
7 | (C) is guilty of a Class X felony for which the | ||||||
8 | offender shall be sentenced to a term of imprisonment | ||||||
9 | of not less than 9 years and not more than 40 years for | ||||||
10 | purchasing or attempting to purchase not less than 6 | ||||||
11 | firearms at the same time or within a 2 year period. | ||||||
12 | (2) In addition to any other penalty that may be | ||||||
13 | imposed for a violation of this Section, the court may | ||||||
14 | sentence a person convicted of a violation of subsection | ||||||
15 | (c) of this Section to a fine not to exceed $250,000 for | ||||||
16 | each violation. | ||||||
17 | (f) A prosecution for unlawful purchase of a firearm may | ||||||
18 | be commenced within 6 years after the commission of the | ||||||
19 | offense. | ||||||
20 | (Source: P.A. 95-882, eff. 1-1-09.) | ||||||
21 | (720 ILCS 5/24-3B) | ||||||
22 | Sec. 24-3B. Firearms trafficking. | ||||||
23 | (a) A person commits firearms trafficking when he or she | ||||||
24 | is prohibited under federal or State law from possessing a | ||||||
25 | firearm has not been issued a currently valid Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card and knowingly: | ||||||
2 | (1) brings, or causes to be brought, into this State, | ||||||
3 | a firearm or firearm ammunition for the purpose of sale, | ||||||
4 | delivery, or transfer to any other person or with the | ||||||
5 | intent to sell, deliver, or transfer the firearm or | ||||||
6 | firearm ammunition to any other person; or | ||||||
7 | (2) brings, or causes to be brought, into this State, | ||||||
8 | a firearm and firearm ammunition for the purpose of sale, | ||||||
9 | delivery, or transfer to any other person or with the | ||||||
10 | intent to sell, deliver, or transfer the firearm and | ||||||
11 | firearm ammunition to any other person. | ||||||
12 | (a-5) (Blank). This Section does not apply to: | ||||||
13 | (1) a person exempt under Section 2 of the Firearm | ||||||
14 | Owners Identification Card Act from the requirement of | ||||||
15 | having possession of a Firearm Owner's Identification Card | ||||||
16 | previously issued in his or her name by the Illinois State | ||||||
17 | Police in order to acquire or possess a firearm or firearm | ||||||
18 | ammunition; | ||||||
19 | (2) a common carrier under subsection (i) of Section | ||||||
20 | 24-2 of this Code; or | ||||||
21 | (3) a non-resident who may lawfully possess a firearm | ||||||
22 | in his or her resident state. | ||||||
23 | (b) Sentence. | ||||||
24 | (1) Firearms trafficking is a Class 1 felony for which | ||||||
25 | the person, if sentenced to a term of imprisonment, shall | ||||||
26 | be sentenced to not less than 4 years and not more than 20 |
| |||||||
| |||||||
1 | years. | ||||||
2 | (2) Firearms trafficking by a person who has been | ||||||
3 | previously convicted of firearms trafficking, gunrunning, | ||||||
4 | or a felony offense for the unlawful sale, delivery, or | ||||||
5 | transfer of a firearm or firearm ammunition in this State | ||||||
6 | or another jurisdiction is a Class X felony. | ||||||
7 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
8 | (720 ILCS 5/24-4.1) | ||||||
9 | Sec. 24-4.1. Report of lost or stolen firearms. | ||||||
10 | (a) If a person who possesses a valid Firearm Owner's | ||||||
11 | Identification Card and who possesses or acquires a firearm | ||||||
12 | thereafter loses the firearm, or if the firearm is stolen from | ||||||
13 | the person, the person must report the loss or theft to the | ||||||
14 | local law enforcement agency within 72 hours after obtaining | ||||||
15 | knowledge of the loss or theft. | ||||||
16 | (b) A law enforcement agency having jurisdiction shall | ||||||
17 | take a written report and shall, as soon as practical, enter | ||||||
18 | the firearm's serial number as stolen into the Law Enforcement | ||||||
19 | Agencies Data System (LEADS). | ||||||
20 | (c) A person shall not be in violation of this Section if: | ||||||
21 | (1) the failure to report is due to an act of God, act | ||||||
22 | of war, or inability of a law enforcement agency to | ||||||
23 | receive the report; | ||||||
24 | (2) the person is hospitalized, in a coma, or is | ||||||
25 | otherwise seriously physically or mentally impaired as to |
| |||||||
| |||||||
1 | prevent the person from reporting; or | ||||||
2 | (3) the person's designee makes a report if the person | ||||||
3 | is unable to make the report. | ||||||
4 | (d) Sentence. A person who violates this Section is guilty | ||||||
5 | of a petty offense for a first violation. A second or | ||||||
6 | subsequent violation of this Section is a Class A misdemeanor. | ||||||
7 | (Source: P.A. 98-508, eff. 8-19-13.) | ||||||
8 | (720 ILCS 5/24-4.5 new) | ||||||
9 | Sec. 24-4.5. Dial-up system. | ||||||
10 | (a) The Illinois State Police shall provide a dial-up | ||||||
11 | telephone system or use other existing technology which shall | ||||||
12 | be used by any federally licensed firearm dealer, gun show | ||||||
13 | promoter, or gun show vendor who is to transfer a firearm, stun | ||||||
14 | gun, or taser under the provisions of this Code. The Illinois | ||||||
15 | State Police may use existing technology which allows the | ||||||
16 | caller to be charged a fee not to exceed $2. Fees collected by | ||||||
17 | the Illinois State Police shall be deposited in the State | ||||||
18 | Police Services Fund and used to provide the service. | ||||||
19 | (b) Upon receiving a request from a federally licensed | ||||||
20 | firearm dealer, gun show promoter, or gun show vendor, the | ||||||
21 | Illinois State Police shall immediately approve, or, within | ||||||
22 | the time period established by Section 24-3 of this Code | ||||||
23 | regarding the delivery of firearms, stun guns, and tasers, | ||||||
24 | notify the inquiring dealer, gun show promoter, or gun show | ||||||
25 | vendor of any objection that would disqualify the transferee |
| |||||||
| |||||||
1 | from acquiring or possessing a firearm, stun gun, or taser. In | ||||||
2 | conducting the inquiry, the Illinois State Police shall | ||||||
3 | initiate and complete an automated search of its criminal | ||||||
4 | history record information files and those of the Federal | ||||||
5 | Bureau of Investigation, including the National Instant | ||||||
6 | Criminal Background Check System, and of the files of the | ||||||
7 | Department of Human Services relating to mental health and | ||||||
8 | developmental disabilities to obtain any felony conviction or | ||||||
9 | patient hospitalization information which would disqualify a | ||||||
10 | person from obtaining a firearm. | ||||||
11 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
12 | of this Code or federal law, the Illinois State Police shall: | ||||||
13 | (1) assign a unique identification number to the | ||||||
14 | transfer; and | ||||||
15 | (2) provide the licensee, gun show promoter, or gun | ||||||
16 | show vendor with the number. | ||||||
17 | (d) Approvals issued by the Illinois State Police for the | ||||||
18 | purchase of a firearm are valid for 30 days from the date of | ||||||
19 | issue. | ||||||
20 | (e)(1) The Illinois State Police must act as the Illinois | ||||||
21 | Point of Contact for the National Instant Criminal Background | ||||||
22 | Check System. | ||||||
23 | (2) The Illinois State Police and the Department of Human | ||||||
24 | Services shall, in accordance with State and federal law | ||||||
25 | regarding confidentiality, enter into a memorandum of | ||||||
26 | understanding with the Federal Bureau of Investigation for the |
| |||||||
| |||||||
1 | purpose of implementing the National Instant Criminal | ||||||
2 | Background Check System in the State. The Department of State | ||||||
3 | Police shall report the name, date of birth, and physical | ||||||
4 | description of any person prohibited from possessing a firearm | ||||||
5 | under this Code or 18 U.S.C. 922(g) and (n) to the National | ||||||
6 | Instant Criminal Background Check System Index, Denied Persons | ||||||
7 | Files. | ||||||
8 | (f) The Illinois State Police shall adopt rules not | ||||||
9 | inconsistent with this Section to implement this system. | ||||||
10 | (720 ILCS 5/24-5.1) | ||||||
11 | Sec. 24-5.1. Serialization of unfinished frames or | ||||||
12 | receivers; prohibition on unserialized firearms; exceptions; | ||||||
13 | penalties. | ||||||
14 | (a) In this Section: | ||||||
15 | "Bona fide supplier" means an established business entity | ||||||
16 | engaged in the development and sale of firearms parts to one or | ||||||
17 | more federal firearms manufacturers or federal firearms | ||||||
18 | importers. | ||||||
19 | "Federal firearms dealer" means a licensed manufacturer | ||||||
20 | pursuant to 18 U.S.C. 921(a)(11). | ||||||
21 | "Federal firearms importer" means a licensed importer | ||||||
22 | pursuant to 18 U.S.C. 921(a)(9). | ||||||
23 | "Federal firearms manufacturer" means a licensed | ||||||
24 | manufacturer pursuant to 18 U.S.C. 921(a)(10). | ||||||
25 | "Frame or receiver" means a part of a firearm that, when |
| |||||||
| |||||||
1 | the complete weapon is assembled, is visible from the exterior | ||||||
2 | and provides housing or a structure designed to hold or | ||||||
3 | integrate one or more fire control components, even if pins or | ||||||
4 | other attachments are required to connect those components to | ||||||
5 | the housing or structure. For models of firearms in which | ||||||
6 | multiple parts provide such housing or structure, the part or | ||||||
7 | parts that the Director of the federal Bureau of Alcohol, | ||||||
8 | Tobacco, Firearms and Explosives has determined are a frame or | ||||||
9 | receiver constitute the frame or receiver. For purposes of | ||||||
10 | this definition, "fire control component" means a component | ||||||
11 | necessary for the firearm to initiate, complete, or continue | ||||||
12 | the firing sequence, including any of the following: hammer, | ||||||
13 | bolt, bolt carrier, breechblock, cylinder, trigger mechanism, | ||||||
14 | firing pin, striker, or slide rails. | ||||||
15 | "Security exemplar" means an object to be fabricated at | ||||||
16 | the direction of the United States Attorney General that is | ||||||
17 | (1) constructed of 3.7 ounces of material type 17-4 PH | ||||||
18 | stainless steel in a shape resembling a handgun and (2) | ||||||
19 | suitable for testing and calibrating metal detectors. | ||||||
20 | "Three-dimensional printer" means a computer or | ||||||
21 | computer-drive machine capable of producing a | ||||||
22 | three-dimensional object from a digital model. | ||||||
23 | "Undetectable firearm" means (1) a firearm constructed | ||||||
24 | entirely of non-metal substances; (2) a firearm that, after | ||||||
25 | removal of all parts but the major components of the firearm, | ||||||
26 | is not detectable by walk-through metal detectors calibrated |
| |||||||
| |||||||
1 | and operated to detect the security exemplar; or (3) a firearm | ||||||
2 | that includes a major component of a firearm, which, if | ||||||
3 | subject to the types of detection devices commonly used at | ||||||
4 | airports for security screening, would not generate an image | ||||||
5 | that accurately depicts the shape of the component. | ||||||
6 | "Undetectable firearm" does not include a firearm subject to | ||||||
7 | the provisions of 18 U.S.C. 922(p)(3) through (6). | ||||||
8 | "Unfinished frame or receiver" means any forging, casting, | ||||||
9 | printing, extrusion, machined body, or similar article that: | ||||||
10 | (1) has reached a stage in manufacture where it may | ||||||
11 | readily be completed, assembled, or converted to be a | ||||||
12 | functional firearm; or | ||||||
13 | (2) is marketed or sold to the public to become or be | ||||||
14 | used as the frame or receiver of a functional firearm once | ||||||
15 | completed, assembled, or converted. | ||||||
16 | "Unserialized" means lacking a serial number imprinted by: | ||||||
17 | (1) a federal firearms manufacturer, federal firearms | ||||||
18 | importer, federal firearms dealer, or other federal | ||||||
19 | licensee authorized to provide marking services, pursuant | ||||||
20 | to a requirement under federal law; or | ||||||
21 | (2) a federal firearms dealer or other federal | ||||||
22 | licensee authorized to provide marking services pursuant | ||||||
23 | to subsection (f) of this Section. | ||||||
24 | (b) It is unlawful for any person to knowingly sell, offer | ||||||
25 | to sell, or transfer an unserialized unfinished frame or | ||||||
26 | receiver or unserialized firearm, including those produced |
| |||||||
| |||||||
1 | using a three-dimensional printer, unless the party purchasing | ||||||
2 | or receiving the unfinished frame or receiver or unserialized | ||||||
3 | firearm is a federal firearms importer, federal firearms | ||||||
4 | manufacturer, or federal firearms dealer. | ||||||
5 | (c) Beginning 180 days after May 18, 2022 ( the effective | ||||||
6 | date of Public Act 102-889) this amendatory Act of the 102nd | ||||||
7 | General Assembly , it is unlawful for any person to knowingly | ||||||
8 | possess, transport, or receive an unfinished frame or | ||||||
9 | receiver, unless: | ||||||
10 | (1) the party possessing or receiving the unfinished | ||||||
11 | frame or receiver is a federal firearms importer or | ||||||
12 | federal firearms manufacturer; | ||||||
13 | (2) the unfinished frame or receiver is possessed or | ||||||
14 | transported by a person for transfer to a federal firearms | ||||||
15 | importer or federal firearms manufacturer; or | ||||||
16 | (3) the unfinished frame or receiver has been | ||||||
17 | imprinted with a serial number issued by a federal | ||||||
18 | firearms importer or federal firearms manufacturer in | ||||||
19 | compliance with subsection (f) of this Section. | ||||||
20 | (d) Beginning 180 days after May 18, 2022 ( the effective | ||||||
21 | date of Public Act 102-889) this amendatory Act of the 102nd | ||||||
22 | General Assembly , unless the party receiving the firearm is a | ||||||
23 | federal firearms importer or federal firearms manufacturer, it | ||||||
24 | is unlawful for any person to knowingly possess, purchase, | ||||||
25 | transport, or receive a firearm that is not imprinted with a | ||||||
26 | serial number by (1) a federal firearms importer or federal |
| |||||||
| |||||||
1 | firearms manufacturer in compliance with all federal laws and | ||||||
2 | regulations regulating the manufacture and import of firearms | ||||||
3 | or (2) a federal firearms manufacturer, federal firearms | ||||||
4 | dealer, or other federal licensee authorized to provide | ||||||
5 | marking services in compliance with the unserialized firearm | ||||||
6 | serialization process under subsection (f) of this Section. | ||||||
7 | (e) Any firearm or unfinished frame or receiver | ||||||
8 | manufactured using a three-dimensional printer must also be | ||||||
9 | serialized in accordance with the requirements of subsection | ||||||
10 | (f) within 30 days after May 18, 2022 ( the effective date of | ||||||
11 | Public Act 102-889) this amendatory Act of the 102nd General | ||||||
12 | Assembly , or prior to reaching a stage of manufacture where it | ||||||
13 | may be readily completed, assembled, or converted to be a | ||||||
14 | functional firearm. | ||||||
15 | (f) Unserialized unfinished frames or receivers and | ||||||
16 | unserialized firearms serialized pursuant to this Section | ||||||
17 | shall be serialized in compliance with all of the following: | ||||||
18 | (1) An unserialized unfinished frame or receiver and | ||||||
19 | unserialized firearm shall be serialized by a federally | ||||||
20 | licensed firearms dealer or other federal licensee | ||||||
21 | authorized to provide marking services with the licensee's | ||||||
22 | abbreviated federal firearms license number as a prefix | ||||||
23 | (which is the first 3 and last 5 digits) followed by a | ||||||
24 | hyphen, and then followed by a number as a suffix, such as | ||||||
25 | 12345678-(number). The serial number or numbers must be | ||||||
26 | placed in a manner that accords with the requirements |
| |||||||
| |||||||
1 | under federal law for affixing serial numbers to firearms, | ||||||
2 | including the requirements that the serial number or | ||||||
3 | numbers be at the minimum size and depth, and not | ||||||
4 | susceptible to being readily obliterated, altered, or | ||||||
5 | removed, and the licensee must retain records that accord | ||||||
6 | with the requirements under federal law in the case of the | ||||||
7 | sale of a firearm. The imprinting of any serial number | ||||||
8 | upon an a undetectable firearm must be done on a steel | ||||||
9 | plaque in compliance with 18 U.S.C. 922(p). | ||||||
10 | (2) 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 maintain a | ||||||
14 | record of such indefinitely. Licensees subject to the | ||||||
15 | Firearm Dealer License Certification Act shall make all | ||||||
16 | records accessible for inspection upon the request of the | ||||||
17 | Illinois State Police or a law enforcement agency in | ||||||
18 | accordance with Section 5-35 of the Firearm Dealer License | ||||||
19 | Certification Act. | ||||||
20 | (3) Every federally licensed firearms dealer or other | ||||||
21 | federal licensee that engraves, casts, stamps, or | ||||||
22 | otherwise conspicuously and permanently places a unique | ||||||
23 | serial number pursuant to this Section shall record it at | ||||||
24 | the time of every transaction involving the transfer of a | ||||||
25 | firearm, rifle, shotgun, finished frame or receiver, or | ||||||
26 | unfinished frame or receiver that has been so marked in |
| |||||||
| |||||||
1 | compliance with the federal guidelines set forth in 27 CFR | ||||||
2 | 478.124. | ||||||
3 | (4) (Blank). Every federally licensed firearms dealer | ||||||
4 | or other federal licensee that engraves, casts, stamps, or | ||||||
5 | otherwise conspicuously and permanently places a unique | ||||||
6 | serial number pursuant to this Section shall review and | ||||||
7 | confirm the validity of the owner's Firearm Owner's | ||||||
8 | Identification Card issued under the Firearm Owners | ||||||
9 | Identification Card Act prior to returning the firearm to | ||||||
10 | the owner. | ||||||
11 | (g) Within 30 days after May 18, 2022 ( the effective date | ||||||
12 | of Public Act 102-889) this amendatory Act of the 102nd | ||||||
13 | General Assembly , the Director of the Illinois State Police | ||||||
14 | shall issue a public notice regarding the provisions of this | ||||||
15 | Section. The notice shall include posting on the Illinois | ||||||
16 | State Police website and may include written notification or | ||||||
17 | any other means of communication statewide to all | ||||||
18 | Illinois-based federal firearms manufacturers, federal | ||||||
19 | firearms dealers, or other federal licensees authorized to | ||||||
20 | provide marking services in compliance with the serialization | ||||||
21 | process in subsection (f) in order to educate the public. | ||||||
22 | (h) Exceptions. This Section does not apply to an | ||||||
23 | unserialized unfinished frame or receiver or an unserialized | ||||||
24 | firearm that: | ||||||
25 | (1) has been rendered permanently inoperable; | ||||||
26 | (2) is an antique firearm, as defined in 18 U.S.C. |
| |||||||
| |||||||
1 | 921(a)(16); | ||||||
2 | (3) was manufactured prior to October 22, 1968; | ||||||
3 | (4) is an unfinished frame or receiver and is | ||||||
4 | possessed by a bona fide supplier exclusively for transfer | ||||||
5 | to a federal firearms manufacturer or federal firearms | ||||||
6 | importer, or is possessed by a federal firearms | ||||||
7 | manufacturer or federal firearms importer in compliance | ||||||
8 | with all federal laws and regulations regulating the | ||||||
9 | manufacture and import of firearms; except this exemption | ||||||
10 | does not apply if an unfinished frame or receiver is | ||||||
11 | possessed for transfer or is transferred to a person other | ||||||
12 | than a federal firearms manufacturer or federal firearms | ||||||
13 | importer; or | ||||||
14 | (5) is possessed by a person who received the | ||||||
15 | unserialized unfinished frame or receiver or unserialized | ||||||
16 | firearm through inheritance, and is not otherwise | ||||||
17 | prohibited from possessing the unserialized unfinished | ||||||
18 | frame or receiver or unserialized firearm, for a period | ||||||
19 | not exceeding 30 days after inheriting the unserialized | ||||||
20 | unfinished frame or receiver or unserialized firearm. | ||||||
21 | (i) Penalties. | ||||||
22 | (1) A person who violates subsection (c) or (d) is | ||||||
23 | guilty of a Class A misdemeanor for a first violation and | ||||||
24 | is guilty of a Class 3 felony for a second or subsequent | ||||||
25 | violation. | ||||||
26 | (2) A person who violates subsection (b) is guilty of |
| |||||||
| |||||||
1 | a Class 4 felony for a first violation and is guilty of a | ||||||
2 | Class 2 felony for a second or subsequent violation. | ||||||
3 | (Source: P.A. 102-889, eff. 5-18-22; revised 1-3-24.) | ||||||
4 | (720 ILCS 5/24-9) | ||||||
5 | Sec. 24-9. Firearms; Child Protection. | ||||||
6 | (a) Except as provided in subsection (c), it is unlawful | ||||||
7 | for any person to store or leave, within premises under his or | ||||||
8 | her control, a firearm if the person knows or has reason to | ||||||
9 | believe that a minor under the age of 14 years who does not | ||||||
10 | have a Firearm Owners Identification Card is likely to gain | ||||||
11 | access to the firearm without the lawful permission of the | ||||||
12 | person possessing the firearm, minor's parent, guardian, or | ||||||
13 | person having charge of the minor, and the minor causes death | ||||||
14 | or great bodily harm with the firearm, unless the firearm is: | ||||||
15 | (1) secured by a device or mechanism, other than the | ||||||
16 | firearm safety, designed to render a firearm temporarily | ||||||
17 | inoperable; or | ||||||
18 | (2) placed in a securely locked box or container; or | ||||||
19 | (3) placed in some other location that a reasonable | ||||||
20 | person would believe to be secure from a minor under the | ||||||
21 | age of 14 years. | ||||||
22 | (b) Sentence. A person who violates this Section is guilty | ||||||
23 | of a Class C misdemeanor and shall be fined not less than | ||||||
24 | $1,000. A second or subsequent violation of this Section is a | ||||||
25 | Class A misdemeanor. |
| |||||||
| |||||||
1 | (c) Subsection (a) does not apply: | ||||||
2 | (1) if the minor under 14 years of age gains access to | ||||||
3 | a firearm and uses it in a lawful act of self-defense or | ||||||
4 | defense of another; or | ||||||
5 | (2) to any firearm obtained by a minor under the age of | ||||||
6 | 14 because of an unlawful entry of the premises by the | ||||||
7 | minor or another person. | ||||||
8 | (d) (Blank). For the purposes of this Section, "firearm" | ||||||
9 | has the meaning ascribed to it in Section 1.1 of the Firearm | ||||||
10 | Owners Identification Card Act. | ||||||
11 | (Source: P.A. 91-18, eff. 1-1-00.) | ||||||
12 | Section 165. The Methamphetamine Control and Community | ||||||
13 | Protection Act is amended by changing Section 10 as follows: | ||||||
14 | (720 ILCS 646/10) | ||||||
15 | Sec. 10. Definitions. As used in this Act: | ||||||
16 | "Anhydrous ammonia" has the meaning provided in subsection | ||||||
17 | (d) of Section 3 of the Illinois Fertilizer Act of 1961. | ||||||
18 | "Anhydrous ammonia equipment" means all items used to | ||||||
19 | store, hold, contain, handle, transfer, transport, or apply | ||||||
20 | anhydrous ammonia for lawful purposes. | ||||||
21 | "Booby trap" means any device designed to cause physical | ||||||
22 | injury when triggered by an act of a person approaching, | ||||||
23 | entering, or moving through a structure, a vehicle, or any | ||||||
24 | location where methamphetamine has been manufactured, is being |
| |||||||
| |||||||
1 | manufactured, or is intended to be manufactured. | ||||||
2 | "Deliver" or "delivery" has the meaning provided in | ||||||
3 | subsection (h) of Section 102 of the Illinois Controlled | ||||||
4 | Substances Act. | ||||||
5 | "Director" means the Director of the Illinois State Police | ||||||
6 | or the Director's designated agents. | ||||||
7 | "Dispose" or "disposal" means to abandon, discharge, | ||||||
8 | release, deposit, inject, dump, spill, leak, or place | ||||||
9 | methamphetamine waste onto or into any land, water, or well of | ||||||
10 | any type so that the waste has the potential to enter the | ||||||
11 | environment, be emitted into the air, or be discharged into | ||||||
12 | the soil or any waters, including groundwater. | ||||||
13 | "Emergency response" means the act of collecting evidence | ||||||
14 | from or securing a methamphetamine laboratory site, | ||||||
15 | methamphetamine waste site or other methamphetamine-related | ||||||
16 | site and cleaning up the site, whether these actions are | ||||||
17 | performed by public entities or private contractors paid by | ||||||
18 | public entities. | ||||||
19 | "Emergency service provider" means a local, State, or | ||||||
20 | federal peace officer, firefighter, emergency medical | ||||||
21 | technician-ambulance, emergency medical | ||||||
22 | technician-intermediate, emergency medical | ||||||
23 | technician-paramedic, ambulance driver, or other medical or | ||||||
24 | first aid personnel rendering aid, or any agent or designee of | ||||||
25 | the foregoing. | ||||||
26 | "Finished methamphetamine" means methamphetamine in a form |
| |||||||
| |||||||
1 | commonly used for personal consumption. | ||||||
2 | "Firearm" has the meaning provided in Section 2-7.5 of the | ||||||
3 | Criminal Code of 2012 1.1 of the Firearm Owners Identification | ||||||
4 | Card Act . | ||||||
5 | "Manufacture" means to produce, prepare, compound, | ||||||
6 | convert, process, synthesize, concentrate, purify, separate, | ||||||
7 | extract, or package any methamphetamine, methamphetamine | ||||||
8 | precursor, methamphetamine manufacturing catalyst, | ||||||
9 | methamphetamine manufacturing reagent, methamphetamine | ||||||
10 | manufacturing solvent, or any substance containing any of the | ||||||
11 | foregoing. | ||||||
12 | "Methamphetamine" means the chemical methamphetamine (a | ||||||
13 | Schedule II controlled substance under the Illinois Controlled | ||||||
14 | Substances Act) or any salt, optical isomer, salt of optical | ||||||
15 | isomer, or analog thereof, with the exception of | ||||||
16 | 3,4-Methylenedioxymethamphetamine (MDMA) or any other | ||||||
17 | scheduled substance with a separate listing under the Illinois | ||||||
18 | Controlled Substances Act. | ||||||
19 | "Methamphetamine manufacturing catalyst" means any | ||||||
20 | substance that has been used, is being used, or is intended to | ||||||
21 | be used to activate, accelerate, extend, or improve a chemical | ||||||
22 | reaction involved in the manufacture of methamphetamine. | ||||||
23 | "Methamphetamine manufacturing environment" means a | ||||||
24 | structure or vehicle in which: | ||||||
25 | (1) methamphetamine is being or has been manufactured; | ||||||
26 | (2) chemicals that are being used, have been used, or |
| |||||||
| |||||||
1 | are intended to be used to manufacture methamphetamine are | ||||||
2 | stored; | ||||||
3 | (3) methamphetamine manufacturing materials that have | ||||||
4 | been used to manufacture methamphetamine are stored; or | ||||||
5 | (4) methamphetamine manufacturing waste is stored. | ||||||
6 | "Methamphetamine manufacturing material" means any | ||||||
7 | methamphetamine precursor, substance containing any | ||||||
8 | methamphetamine precursor, methamphetamine manufacturing | ||||||
9 | catalyst, substance containing any methamphetamine | ||||||
10 | manufacturing catalyst, methamphetamine manufacturing | ||||||
11 | reagent, substance containing any methamphetamine | ||||||
12 | manufacturing reagent, methamphetamine manufacturing solvent, | ||||||
13 | substance containing any methamphetamine manufacturing | ||||||
14 | solvent, or any other chemical, substance, ingredient, | ||||||
15 | equipment, apparatus, or item that is being used, has been | ||||||
16 | used, or is intended to be used in the manufacture of | ||||||
17 | methamphetamine. | ||||||
18 | "Methamphetamine manufacturing reagent" means any | ||||||
19 | substance other than a methamphetamine manufacturing catalyst | ||||||
20 | that has been used, is being used, or is intended to be used to | ||||||
21 | react with and chemically alter any methamphetamine precursor. | ||||||
22 | "Methamphetamine manufacturing solvent" means any | ||||||
23 | substance that has been used, is being used, or is intended to | ||||||
24 | be used as a medium in which any methamphetamine precursor, | ||||||
25 | methamphetamine manufacturing catalyst, methamphetamine | ||||||
26 | manufacturing reagent, or any substance containing any of the |
| |||||||
| |||||||
1 | foregoing is dissolved, diluted, or washed during any part of | ||||||
2 | the methamphetamine manufacturing process. | ||||||
3 | "Methamphetamine manufacturing waste" means any chemical, | ||||||
4 | substance, ingredient, equipment, apparatus, or item that is | ||||||
5 | left over from, results from, or is produced by the process of | ||||||
6 | manufacturing methamphetamine, other than finished | ||||||
7 | methamphetamine. | ||||||
8 | "Methamphetamine precursor" means ephedrine, | ||||||
9 | pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, | ||||||
10 | phenylacetone, phenyl-2-propanone, P2P, or any salt, optical | ||||||
11 | isomer, or salt of an optical isomer of any of these chemicals. | ||||||
12 | "Multi-unit dwelling" means a unified structure used or | ||||||
13 | intended for use as a habitation, home, or residence that | ||||||
14 | contains 2 or more condominiums, apartments, hotel rooms, | ||||||
15 | motel rooms, or other living units. | ||||||
16 | "Package" means an item marked for retail sale that is not | ||||||
17 | designed to be further broken down or subdivided for the | ||||||
18 | purpose of retail sale. | ||||||
19 | "Participate" or "participation" in the manufacture of | ||||||
20 | methamphetamine means to produce, prepare, compound, convert, | ||||||
21 | process, synthesize, concentrate, purify, separate, extract, | ||||||
22 | or package any methamphetamine, methamphetamine precursor, | ||||||
23 | methamphetamine manufacturing catalyst, methamphetamine | ||||||
24 | manufacturing reagent, methamphetamine manufacturing solvent, | ||||||
25 | or any substance containing any of the foregoing, or to assist | ||||||
26 | in any of these actions, or to attempt to take any of these |
| |||||||
| |||||||
1 | actions, regardless of whether this action or these actions | ||||||
2 | result in the production of finished methamphetamine. | ||||||
3 | "Person with a disability" means a person who suffers from | ||||||
4 | a permanent physical or mental impairment resulting from | ||||||
5 | disease, injury, functional disorder, or congenital condition | ||||||
6 | which renders the person incapable of adequately providing for | ||||||
7 | his or her own health and personal care. | ||||||
8 | "Procure" means to purchase, steal, gather, or otherwise | ||||||
9 | obtain, by legal or illegal means, or to cause another to take | ||||||
10 | such action. | ||||||
11 | "Second or subsequent offense" means an offense under this | ||||||
12 | Act committed by an offender who previously committed an | ||||||
13 | offense under this Act, the Illinois Controlled Substances | ||||||
14 | Act, the Cannabis Control Act, or another Act of this State, | ||||||
15 | another state, or the United States relating to | ||||||
16 | methamphetamine, cannabis, or any other controlled substance. | ||||||
17 | "Standard dosage form", as used in relation to any | ||||||
18 | methamphetamine precursor, means that the methamphetamine | ||||||
19 | precursor is contained in a pill, tablet, capsule, caplet, gel | ||||||
20 | cap, or liquid cap that has been manufactured by a lawful | ||||||
21 | entity and contains a standard quantity of methamphetamine | ||||||
22 | precursor. | ||||||
23 | "Unauthorized container", as used in relation to anhydrous | ||||||
24 | ammonia, means any container that is not designed for the | ||||||
25 | specific and sole purpose of holding, storing, transporting, | ||||||
26 | or applying anhydrous ammonia. "Unauthorized container" |
| |||||||
| |||||||
1 | includes, but is not limited to, any propane tank, fire | ||||||
2 | extinguisher, oxygen cylinder, gasoline can, food or beverage | ||||||
3 | cooler, or compressed gas cylinder used in dispensing fountain | ||||||
4 | drinks. "Unauthorized container" does not encompass anhydrous | ||||||
5 | ammonia manufacturing plants, refrigeration systems where | ||||||
6 | anhydrous ammonia is used solely as a refrigerant, anhydrous | ||||||
7 | ammonia transportation pipelines, anhydrous ammonia tankers, | ||||||
8 | or anhydrous ammonia barges. | ||||||
9 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
10 | Section 170. The Code of Criminal Procedure of 1963 is | ||||||
11 | amended by changing Sections 102-7.1, 110-10, 112A-5.5, | ||||||
12 | 112A-11.1, 112A-11.2, 112A-14, 112A-14.7, and 112A-17.5 as | ||||||
13 | follows: | ||||||
14 | (725 ILCS 5/102-7.1) | ||||||
15 | Sec. 102-7.1. "Category A offense". "Category A offense" | ||||||
16 | means a Class 1 felony, Class 2 felony, Class X felony, first | ||||||
17 | degree murder, a violation of Section 11-204 of the Illinois | ||||||
18 | Vehicle Code, a second or subsequent violation of Section | ||||||
19 | 11-501 of the Illinois Vehicle Code, a violation of subsection | ||||||
20 | (d) of Section 11-501 of the Illinois Vehicle Code, a | ||||||
21 | violation of Section 11-401 of the Illinois Vehicle Code if | ||||||
22 | the crash results in injury and the person failed to report the | ||||||
23 | crash within 30 minutes, a violation of Section 9-3, 9-3.4, | ||||||
24 | 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25, |
| |||||||
| |||||||
1 | 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6, | ||||||
2 | 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3, | ||||||
3 | 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or | ||||||
4 | subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code | ||||||
5 | of 2012, a violation of paragraph (5) or (6) of subsection (b) | ||||||
6 | of Section 10-9 of the Criminal Code of 2012, a violation of | ||||||
7 | subsection (b) or (c) or paragraph (1) or (2) of subsection (a) | ||||||
8 | of Section 11-1.50 of the Criminal Code of 2012, a violation of | ||||||
9 | Section 12-7 of the Criminal Code of 2012 if the defendant | ||||||
10 | inflicts bodily harm on the victim to obtain a confession, | ||||||
11 | statement, or information, a violation of Section 12-7.5 of | ||||||
12 | the Criminal Code of 2012 if the action results in bodily harm, | ||||||
13 | a violation of paragraph (3) of subsection (b) of Section 17-2 | ||||||
14 | of the Criminal Code of 2012, a violation of subdivision | ||||||
15 | (a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a | ||||||
16 | violation of paragraph (6) of subsection (a) of Section 24-1 | ||||||
17 | of the Criminal Code of 2012, a first violation of Section | ||||||
18 | 24-1.6 of the Criminal Code of 2012 by a person 18 years of age | ||||||
19 | or older where the factors listed in both items (A) and (C) or | ||||||
20 | both items (A-5) and (C) of paragraph (3) of subsection (a) of | ||||||
21 | Section 24-1.6 of the Criminal Code of 2012 are present, a | ||||||
22 | Class 3 felony violation of paragraph (1) of subsection (a) of | ||||||
23 | Section 2 of the Firearm Owners Identification Card Act | ||||||
24 | committed before the effective date of this amendatory Act of | ||||||
25 | the 103rd General Assembly , or a violation of Section 10 of the | ||||||
26 | Sex Offender Registration Act. |
| |||||||
| |||||||
1 | (Source: P.A. 102-982, eff. 7-1-23 .) | ||||||
2 | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10) | ||||||
3 | Sec. 110-10. Conditions of pretrial release. | ||||||
4 | (a) If a person is released prior to conviction, the | ||||||
5 | conditions of pretrial release shall be that he or she will: | ||||||
6 | (1) Appear to answer the charge in the court having | ||||||
7 | jurisdiction on a day certain and thereafter as ordered by | ||||||
8 | the court until discharged or final order of the court; | ||||||
9 | (2) Submit himself or herself to the orders and | ||||||
10 | process of the court; | ||||||
11 | (3) (Blank); | ||||||
12 | (4) Not violate any criminal statute of any | ||||||
13 | jurisdiction; | ||||||
14 | (5) At a time and place designated by the court, | ||||||
15 | surrender all firearms in his or her possession to a law | ||||||
16 | enforcement officer designated by the court to take | ||||||
17 | custody of and impound the firearms and physically | ||||||
18 | surrender his or her Firearm Owner's Identification Card | ||||||
19 | to the clerk of the circuit court when the offense the | ||||||
20 | person has been charged with is a forcible felony, | ||||||
21 | stalking, aggravated stalking, domestic battery, any | ||||||
22 | violation of the Illinois Controlled Substances Act, the | ||||||
23 | Methamphetamine Control and Community Protection Act, or | ||||||
24 | the Cannabis Control Act that is classified as a Class 2 or | ||||||
25 | greater felony, or any felony violation of Article 24 of |
| |||||||
| |||||||
1 | the Criminal Code of 1961 or the Criminal Code of 2012; the | ||||||
2 | court may, however, forgo the imposition of this condition | ||||||
3 | when the circumstances of the case clearly do not warrant | ||||||
4 | it or when its imposition would be impractical; if the | ||||||
5 | Firearm Owner's Identification Card is confiscated, the | ||||||
6 | clerk of the circuit court shall mail the confiscated card | ||||||
7 | to the Illinois State Police; all legally possessed | ||||||
8 | firearms shall be returned to the person upon the charges | ||||||
9 | being dismissed, or if the person is found not guilty, | ||||||
10 | unless the finding of not guilty is by reason of insanity; | ||||||
11 | and | ||||||
12 | (6) At a time and place designated by the court, | ||||||
13 | submit to a psychological evaluation when the person has | ||||||
14 | been charged with a violation of item (4) of subsection | ||||||
15 | (a) of Section 24-1 of the Criminal Code of 1961 or the | ||||||
16 | Criminal Code of 2012 and that violation occurred in a | ||||||
17 | school or in any conveyance owned, leased, or contracted | ||||||
18 | by a school to transport students to or from school or a | ||||||
19 | school-related activity, or on any public way within 1,000 | ||||||
20 | feet of real property comprising any school. | ||||||
21 | Psychological evaluations ordered pursuant to this Section | ||||||
22 | shall be completed promptly and made available to the State, | ||||||
23 | the defendant, and the court. As a further condition of | ||||||
24 | pretrial release under these circumstances, the court shall | ||||||
25 | order the defendant to refrain from entering upon the property | ||||||
26 | of the school, including any conveyance owned, leased, or |
| |||||||
| |||||||
1 | contracted by a school to transport students to or from school | ||||||
2 | or a school-related activity, or on any public way within | ||||||
3 | 1,000 feet of real property comprising any school. Upon | ||||||
4 | receipt of the psychological evaluation, either the State or | ||||||
5 | the defendant may request a change in the conditions of | ||||||
6 | pretrial release, pursuant to Section 110-6 of this Code. The | ||||||
7 | court may change the conditions of pretrial release to include | ||||||
8 | a requirement that the defendant follow the recommendations of | ||||||
9 | the psychological evaluation, including undergoing psychiatric | ||||||
10 | treatment. The conclusions of the psychological evaluation and | ||||||
11 | any statements elicited from the defendant during its | ||||||
12 | administration are not admissible as evidence of guilt during | ||||||
13 | the course of any trial on the charged offense, unless the | ||||||
14 | defendant places his or her mental competency in issue. | ||||||
15 | (b) Additional conditions of release shall be set only | ||||||
16 | when it is determined that they are necessary to ensure the | ||||||
17 | defendant's appearance in court, ensure the defendant does not | ||||||
18 | commit any criminal offense, ensure the defendant complies | ||||||
19 | with all conditions of pretrial release, prevent the | ||||||
20 | defendant's unlawful interference with the orderly | ||||||
21 | administration of justice, or ensure compliance with the rules | ||||||
22 | and procedures of problem solving courts. However, conditions | ||||||
23 | shall include the least restrictive means and be | ||||||
24 | individualized. Conditions shall not mandate rehabilitative | ||||||
25 | services unless directly tied to the risk of pretrial | ||||||
26 | misconduct. Conditions of supervision shall not include |
| |||||||
| |||||||
1 | punitive measures such as community service work or | ||||||
2 | restitution. Conditions may include the following: | ||||||
3 | (0.05) Not depart this State without leave of the | ||||||
4 | court; | ||||||
5 | (1) Report to or appear in person before such person | ||||||
6 | or agency as the court may direct; | ||||||
7 | (2) Refrain from possessing a firearm or other | ||||||
8 | dangerous weapon; | ||||||
9 | (3) Refrain from approaching or communicating with | ||||||
10 | particular persons or classes of persons; | ||||||
11 | (4) Refrain from going to certain described geographic | ||||||
12 | areas or premises; | ||||||
13 | (5) Be placed under direct supervision of the Pretrial | ||||||
14 | Services Agency, Probation Department or Court Services | ||||||
15 | Department in a pretrial home supervision capacity with or | ||||||
16 | without the use of an approved electronic monitoring | ||||||
17 | device subject to Article 8A of Chapter V of the Unified | ||||||
18 | Code of Corrections; | ||||||
19 | (6) For persons charged with violating Section 11-501 | ||||||
20 | of the Illinois Vehicle Code, refrain from operating a | ||||||
21 | motor vehicle not equipped with an ignition interlock | ||||||
22 | device, as defined in Section 1-129.1 of the Illinois | ||||||
23 | Vehicle Code, pursuant to the rules promulgated by the | ||||||
24 | Secretary of State for the installation of ignition | ||||||
25 | interlock devices. Under this condition the court may | ||||||
26 | allow a defendant who is not self-employed to operate a |
| |||||||
| |||||||
1 | vehicle owned by the defendant's employer that is not | ||||||
2 | equipped with an ignition interlock device in the course | ||||||
3 | and scope of the defendant's employment; | ||||||
4 | (7) Comply with the terms and conditions of an order | ||||||
5 | of protection issued by the court under the Illinois | ||||||
6 | Domestic Violence Act of 1986 or an order of protection | ||||||
7 | issued by the court of another state, tribe, or United | ||||||
8 | States territory; | ||||||
9 | (8) Sign a written admonishment requiring that he or | ||||||
10 | she comply with the provisions of Section 110-12 regarding | ||||||
11 | any change in his or her address. The defendant's address | ||||||
12 | shall at all times remain a matter of record with the clerk | ||||||
13 | of the court; and | ||||||
14 | (9) Such other reasonable conditions as the court may | ||||||
15 | impose, so long as these conditions are the least | ||||||
16 | restrictive means to achieve the goals listed in | ||||||
17 | subsection (b), are individualized, and are in accordance | ||||||
18 | with national best practices as detailed in the Pretrial | ||||||
19 | Supervision Standards of the Supreme Court. | ||||||
20 | The defendant shall receive verbal and written | ||||||
21 | notification of conditions of pretrial release and future | ||||||
22 | court dates, including the date, time, and location of court. | ||||||
23 | (c) When a person is charged with an offense under Section | ||||||
24 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, | ||||||
25 | 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
26 | Criminal Code of 2012, involving a victim who is a minor under |
| |||||||
| |||||||
1 | 18 years of age living in the same household with the defendant | ||||||
2 | at the time of the offense, in releasing the defendant, the | ||||||
3 | judge shall impose conditions to restrict the defendant's | ||||||
4 | access to the victim which may include, but are not limited to | ||||||
5 | conditions that he will: | ||||||
6 | 1. Vacate the household. | ||||||
7 | 2. Make payment of temporary support to his | ||||||
8 | dependents. | ||||||
9 | 3. Refrain from contact or communication with the | ||||||
10 | child victim, except as ordered by the court. | ||||||
11 | (d) When a person is charged with a criminal offense and | ||||||
12 | the victim is a family or household member as defined in | ||||||
13 | Article 112A, conditions shall be imposed at the time of the | ||||||
14 | defendant's release that restrict the defendant's access to | ||||||
15 | the victim. Unless provided otherwise by the court, the | ||||||
16 | restrictions shall include requirements that the defendant do | ||||||
17 | the following: | ||||||
18 | (1) refrain from contact or communication with the | ||||||
19 | victim for a minimum period of 72 hours following the | ||||||
20 | defendant's release; and | ||||||
21 | (2) refrain from entering or remaining at the victim's | ||||||
22 | residence for a minimum period of 72 hours following the | ||||||
23 | defendant's release. | ||||||
24 | (e) Local law enforcement agencies shall develop | ||||||
25 | standardized pretrial release forms for use in cases involving | ||||||
26 | family or household members as defined in Article 112A, |
| |||||||
| |||||||
1 | including specific conditions of pretrial release as provided | ||||||
2 | in subsection (d). Failure of any law enforcement department | ||||||
3 | to develop or use those forms shall in no way limit the | ||||||
4 | applicability and enforcement of subsections (d) and (f). | ||||||
5 | (f) If the defendant is released after conviction | ||||||
6 | following appeal or other post-conviction proceeding, the | ||||||
7 | conditions of the pretrial release shall be that he will, in | ||||||
8 | addition to the conditions set forth in subsections (a) and | ||||||
9 | (b) hereof: | ||||||
10 | (1) Duly prosecute his appeal; | ||||||
11 | (2) Appear at such time and place as the court may | ||||||
12 | direct; | ||||||
13 | (3) Not depart this State without leave of the court; | ||||||
14 | (4) Comply with such other reasonable conditions as | ||||||
15 | the court may impose; and | ||||||
16 | (5) If the judgment is affirmed or the cause reversed | ||||||
17 | and remanded for a new trial, forthwith surrender to the | ||||||
18 | officer from whose custody he was released. | ||||||
19 | (g) Upon a finding of guilty for any felony offense, the | ||||||
20 | defendant shall physically surrender, at a time and place | ||||||
21 | designated by the court, any and all firearms in his or her | ||||||
22 | possession and his or her Firearm Owner's Identification Card | ||||||
23 | as a condition of being released pending sentencing. | ||||||
24 | (Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23; | ||||||
25 | 102-1104, eff. 1-1-23.) |
| |||||||
| |||||||
1 | (725 ILCS 5/112A-5.5) | ||||||
2 | Sec. 112A-5.5. Time for filing petition; service on | ||||||
3 | respondent, hearing on petition, and default orders. | ||||||
4 | (a) A petition for a protective order may be filed at any | ||||||
5 | time, in person or online, after a criminal charge or | ||||||
6 | delinquency petition is filed and before the charge or | ||||||
7 | delinquency petition is dismissed, the defendant or juvenile | ||||||
8 | is acquitted, or the defendant or juvenile completes service | ||||||
9 | of his or her sentence. | ||||||
10 | (b) The request for an ex parte protective order may be | ||||||
11 | considered without notice to the respondent under Section | ||||||
12 | 112A-17.5 of this Code. | ||||||
13 | (c) A summons shall be issued and served for a protective | ||||||
14 | order. The summons may be served by delivery to the respondent | ||||||
15 | personally in open court in the criminal or juvenile | ||||||
16 | delinquency proceeding, in the form prescribed by subsection | ||||||
17 | (d) of Supreme Court Rule 101, except that it shall require the | ||||||
18 | respondent to answer or appear within 7 days. Attachments to | ||||||
19 | the summons shall include the petition for protective order, | ||||||
20 | supporting affidavits, if any, and any ex parte protective | ||||||
21 | order that has been issued. | ||||||
22 | (d) The summons shall be served by the sheriff or other law | ||||||
23 | enforcement officer at the earliest time available and shall | ||||||
24 | take precedence over any other summons, except those of a | ||||||
25 | similar emergency nature. Attachments to the summons shall | ||||||
26 | include the petition for protective order, supporting |
| |||||||
| |||||||
1 | affidavits, if any, and any ex parte protective order that has | ||||||
2 | been issued. Special process servers may be appointed at any | ||||||
3 | time and their designation shall not affect the | ||||||
4 | responsibilities and authority of the sheriff or other | ||||||
5 | official process servers. In a county with a population over | ||||||
6 | 3,000,000, a special process server may not be appointed if | ||||||
7 | the protective order grants the surrender of a child, the | ||||||
8 | surrender of a firearm or Firearm Owner's Identification Card , | ||||||
9 | or the exclusive possession of a shared residence. | ||||||
10 | (e) If the respondent is not served within 30 days of the | ||||||
11 | filing of the petition, the court shall schedule a court | ||||||
12 | proceeding on the issue of service. Either the petitioner, the | ||||||
13 | petitioner's counsel, or the State's Attorney shall appear and | ||||||
14 | the court shall either order continued attempts at personal | ||||||
15 | service or shall order service by publication, in accordance | ||||||
16 | with Sections 2-203, 2-206, and 2-207 of the Code of Civil | ||||||
17 | Procedure. | ||||||
18 | (f) The request for a final protective order can be | ||||||
19 | considered at any court proceeding in the delinquency or | ||||||
20 | criminal case after service of the petition. If the petitioner | ||||||
21 | has not been provided notice of the court proceeding at least | ||||||
22 | 10 days in advance of the proceeding, the court shall schedule | ||||||
23 | a hearing on the petition and provide notice to the | ||||||
24 | petitioner. | ||||||
25 | (f-5) A court in a county with a population above 250,000 | ||||||
26 | shall offer the option of a remote hearing to a petitioner for |
| |||||||
| |||||||
1 | a protective order. The court has the discretion to grant or | ||||||
2 | deny the request for a remote hearing. Each court shall | ||||||
3 | determine the procedure for a remote hearing. The petitioner | ||||||
4 | and respondent may appear remotely or in person. | ||||||
5 | The court shall issue and publish a court order, standing | ||||||
6 | order, or local rule detailing information about the process | ||||||
7 | for requesting and participating in a remote court appearance. | ||||||
8 | The court order, standing order, or local rule shall be | ||||||
9 | published on the court's website and posted on signs | ||||||
10 | throughout the courthouse, including in the clerk's office. | ||||||
11 | The sign shall be written in plain language and include | ||||||
12 | information about the availability of remote court appearances | ||||||
13 | and the process for requesting a remote hearing. | ||||||
14 | (g) Default orders. | ||||||
15 | (1) A final domestic violence order of protection may | ||||||
16 | be entered by default: | ||||||
17 | (A) for any of the remedies sought in the | ||||||
18 | petition, if the respondent has been served with | ||||||
19 | documents under subsection (b) or (c) of this Section | ||||||
20 | and if the respondent fails to appear on the specified | ||||||
21 | return date or any subsequent hearing date agreed to | ||||||
22 | by the petitioner and respondent or set by the court; | ||||||
23 | or | ||||||
24 | (B) for any of the remedies provided under | ||||||
25 | paragraph (1), (2), (3), (5), (6), (7), (8), (9), | ||||||
26 | (10), (11), (14), (15), (17), or (18) of subsection |
| |||||||
| |||||||
1 | (b) of Section 112A-14 of this Code, or if the | ||||||
2 | respondent fails to answer or appear in accordance | ||||||
3 | with the date set in the publication notice or the | ||||||
4 | return date indicated on the service of a household | ||||||
5 | member. | ||||||
6 | (2) A final civil no contact order may be entered by | ||||||
7 | default for any of the remedies provided in Section | ||||||
8 | 112A-14.5 of this Code, if the respondent has been served | ||||||
9 | with documents under subsection (b) or (c) of this | ||||||
10 | Section, and if the respondent fails to answer or appear | ||||||
11 | in accordance with the date set in the publication notice | ||||||
12 | or the return date indicated on the service of a household | ||||||
13 | member. | ||||||
14 | (3) A final stalking no contact order may be entered | ||||||
15 | by default for any of the remedies provided by Section | ||||||
16 | 112A-14.7 of this Code, if the respondent has been served | ||||||
17 | with documents under subsection (b) or (c) of this Section | ||||||
18 | and if the respondent fails to answer or appear in | ||||||
19 | accordance with the date set in the publication notice or | ||||||
20 | the return date indicated on the service of a household | ||||||
21 | member. | ||||||
22 | (Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.) | ||||||
23 | (725 ILCS 5/112A-11.1) | ||||||
24 | Sec. 112A-11.1. Procedure for determining whether certain | ||||||
25 | misdemeanor crimes are crimes of domestic violence for |
| |||||||
| |||||||
1 | purposes of federal law. | ||||||
2 | (a) When a defendant has been charged with a violation of | ||||||
3 | Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the | ||||||
4 | Criminal Code of 1961 or the Criminal Code of 2012, the State | ||||||
5 | may, at arraignment or no later than 45 days after | ||||||
6 | arraignment, for the purpose of notification to the Illinois | ||||||
7 | State Police Firearm Owner's Identification Card Office , serve | ||||||
8 | on the defendant and file with the court a notice alleging that | ||||||
9 | conviction of the offense would subject the defendant to the | ||||||
10 | prohibitions of 18 U.S.C. 922(g)(9) because of the | ||||||
11 | relationship between the defendant and the alleged victim and | ||||||
12 | the nature of the alleged offense. | ||||||
13 | (b) The notice shall include the name of the person | ||||||
14 | alleged to be the victim of the crime and shall specify the | ||||||
15 | nature of the alleged relationship as set forth in 18 U.S.C. | ||||||
16 | 921(a)(33)(A)(ii). It shall also specify the element of the | ||||||
17 | charged offense which requires the use or attempted use of | ||||||
18 | physical force, or the threatened use of a deadly weapon, as | ||||||
19 | set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include | ||||||
20 | notice that the defendant is entitled to a hearing on the | ||||||
21 | allegation contained in the notice and that if the allegation | ||||||
22 | is sustained, that determination and conviction shall be | ||||||
23 | reported to the Illinois State Police Firearm Owner's | ||||||
24 | Identification Card Office . | ||||||
25 | (c) After having been notified as provided in subsection | ||||||
26 | (b) of this Section, the defendant may stipulate or admit, |
| |||||||
| |||||||
1 | orally on the record or in writing, that conviction of the | ||||||
2 | offense would subject the defendant to the prohibitions of 18 | ||||||
3 | U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. | ||||||
4 | 922(g)(9) shall be deemed established for purposes of Section | ||||||
5 | 112A-11.2. If the defendant denies the applicability of 18 | ||||||
6 | U.S.C. 922(g)(9) as alleged in the notice served by the State, | ||||||
7 | or stands mute with respect to that allegation, then the State | ||||||
8 | shall bear the burden to prove beyond a reasonable doubt that | ||||||
9 | the offense is one to which the prohibitions of 18 U.S.C. | ||||||
10 | 922(g)(9) apply. The court may consider reliable hearsay | ||||||
11 | evidence submitted by either party provided that it is | ||||||
12 | relevant to the determination of the allegation. Facts | ||||||
13 | previously proven at trial or elicited at the time of entry of | ||||||
14 | a plea of guilty shall be deemed established beyond a | ||||||
15 | reasonable doubt and shall not be relitigated. At the | ||||||
16 | conclusion of the hearing, or upon a stipulation or admission, | ||||||
17 | as applicable, the court shall make a specific written | ||||||
18 | determination with respect to the allegation. | ||||||
19 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
20 | (725 ILCS 5/112A-11.2) | ||||||
21 | Sec. 112A-11.2. Notification to the Illinois State Police | ||||||
22 | Firearm Owner's Identification Card Office of determinations | ||||||
23 | in certain misdemeanor cases. Upon judgment of conviction of a | ||||||
24 | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||||||
25 | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of |
| |||||||
| |||||||
1 | 2012 when the defendant has been determined, under Section | ||||||
2 | 112A-11.1, to be subject to the prohibitions of 18 U.S.C. | ||||||
3 | 922(g)(9), the circuit court clerk shall include notification | ||||||
4 | and a copy of the written determination in a report of the | ||||||
5 | conviction to the Illinois State Police Firearm Owner's | ||||||
6 | Identification Card Office to enable the office to report that | ||||||
7 | determination to the Federal Bureau of Investigation and | ||||||
8 | assist the Bureau in identifying persons prohibited from | ||||||
9 | purchasing and possessing a firearm pursuant to the provisions | ||||||
10 | of 18 U.S.C. 922. | ||||||
11 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
12 | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14) | ||||||
13 | Sec. 112A-14. Domestic violence order of protection; | ||||||
14 | remedies. | ||||||
15 | (a) (Blank). | ||||||
16 | (b) The court may order any of the remedies listed in this | ||||||
17 | subsection (b). The remedies listed in this subsection (b) | ||||||
18 | shall be in addition to other civil or criminal remedies | ||||||
19 | available to petitioner. | ||||||
20 | (1) Prohibition of abuse. Prohibit respondent's | ||||||
21 | harassment, interference with personal liberty, | ||||||
22 | intimidation of a dependent, physical abuse, or willful | ||||||
23 | deprivation, as defined in this Article, if such abuse has | ||||||
24 | occurred or otherwise appears likely to occur if not | ||||||
25 | prohibited. |
| |||||||
| |||||||
1 | (2) Grant of exclusive possession of residence. | ||||||
2 | Prohibit respondent from entering or remaining in any | ||||||
3 | residence, household, or premises of the petitioner, | ||||||
4 | including one owned or leased by respondent, if petitioner | ||||||
5 | has a right to occupancy thereof. The grant of exclusive | ||||||
6 | possession of the residence, household, or premises shall | ||||||
7 | not affect title to real property, nor shall the court be | ||||||
8 | limited by the standard set forth in subsection (c-2) of | ||||||
9 | Section 501 of the Illinois Marriage and Dissolution of | ||||||
10 | Marriage Act. | ||||||
11 | (A) Right to occupancy. A party has a right to | ||||||
12 | occupancy of a residence or household if it is solely | ||||||
13 | or jointly owned or leased by that party, that party's | ||||||
14 | spouse, a person with a legal duty to support that | ||||||
15 | party or a minor child in that party's care, or by any | ||||||
16 | person or entity other than the opposing party that | ||||||
17 | authorizes that party's occupancy (e.g., a domestic | ||||||
18 | violence shelter). Standards set forth in subparagraph | ||||||
19 | (B) shall not preclude equitable relief. | ||||||
20 | (B) Presumption of hardships. If petitioner and | ||||||
21 | respondent each has the right to occupancy of a | ||||||
22 | residence or household, the court shall balance (i) | ||||||
23 | the hardships to respondent and any minor child or | ||||||
24 | dependent adult in respondent's care resulting from | ||||||
25 | entry of this remedy with (ii) the hardships to | ||||||
26 | petitioner and any minor child or dependent adult in |
| |||||||
| |||||||
1 | petitioner's care resulting from continued exposure to | ||||||
2 | the risk of abuse (should petitioner remain at the | ||||||
3 | residence or household) or from loss of possession of | ||||||
4 | the residence or household (should petitioner leave to | ||||||
5 | avoid the risk of abuse). When determining the balance | ||||||
6 | of hardships, the court shall also take into account | ||||||
7 | the accessibility of the residence or household. | ||||||
8 | Hardships need not be balanced if respondent does not | ||||||
9 | have a right to occupancy. | ||||||
10 | The balance of hardships is presumed to favor | ||||||
11 | possession by petitioner unless the presumption is | ||||||
12 | rebutted by a preponderance of the evidence, showing | ||||||
13 | that the hardships to respondent substantially | ||||||
14 | outweigh the hardships to petitioner and any minor | ||||||
15 | child or dependent adult in petitioner's care. The | ||||||
16 | court, on the request of petitioner or on its own | ||||||
17 | motion, may order respondent to provide suitable, | ||||||
18 | accessible, alternate housing for petitioner instead | ||||||
19 | of excluding respondent from a mutual residence or | ||||||
20 | household. | ||||||
21 | (3) Stay away order and additional prohibitions. Order | ||||||
22 | respondent to stay away from petitioner or any other | ||||||
23 | person protected by the domestic violence order of | ||||||
24 | protection, or prohibit respondent from entering or | ||||||
25 | remaining present at petitioner's school, place of | ||||||
26 | employment, or other specified places at times when |
| |||||||
| |||||||
1 | petitioner is present, or both, if reasonable, given the | ||||||
2 | balance of hardships. Hardships need not be balanced for | ||||||
3 | the court to enter a stay away order or prohibit entry if | ||||||
4 | respondent has no right to enter the premises. | ||||||
5 | (A) If a domestic violence order of protection | ||||||
6 | grants petitioner exclusive possession of the | ||||||
7 | residence, prohibits respondent from entering the | ||||||
8 | residence, or orders respondent to stay away from | ||||||
9 | petitioner or other protected persons, then the court | ||||||
10 | may allow respondent access to the residence to remove | ||||||
11 | items of clothing and personal adornment used | ||||||
12 | exclusively by respondent, medications, and other | ||||||
13 | items as the court directs. The right to access shall | ||||||
14 | be exercised on only one occasion as the court directs | ||||||
15 | and in the presence of an agreed-upon adult third | ||||||
16 | party or law enforcement officer. | ||||||
17 | (B) When the petitioner and the respondent attend | ||||||
18 | the same public, private, or non-public elementary, | ||||||
19 | middle, or high school, the court when issuing a | ||||||
20 | domestic violence order of protection and providing | ||||||
21 | relief shall consider the severity of the act, any | ||||||
22 | continuing physical danger or emotional distress to | ||||||
23 | the petitioner, the educational rights guaranteed to | ||||||
24 | the petitioner and respondent under federal and State | ||||||
25 | law, the availability of a transfer of the respondent | ||||||
26 | to another school, a change of placement or a change of |
| |||||||
| |||||||
1 | program of the respondent, the expense, difficulty, | ||||||
2 | and educational disruption that would be caused by a | ||||||
3 | transfer of the respondent to another school, and any | ||||||
4 | other relevant facts of the case. The court may order | ||||||
5 | that the respondent not attend the public, private, or | ||||||
6 | non-public elementary, middle, or high school attended | ||||||
7 | by the petitioner, order that the respondent accept a | ||||||
8 | change of placement or change of program, as | ||||||
9 | determined by the school district or private or | ||||||
10 | non-public school, or place restrictions on the | ||||||
11 | respondent's movements within the school attended by | ||||||
12 | the petitioner. The respondent bears the burden of | ||||||
13 | proving by a preponderance of the evidence that a | ||||||
14 | transfer, change of placement, or change of program of | ||||||
15 | the respondent is not available. The respondent also | ||||||
16 | bears the burden of production with respect to the | ||||||
17 | expense, difficulty, and educational disruption that | ||||||
18 | would be caused by a transfer of the respondent to | ||||||
19 | another school. A transfer, change of placement, or | ||||||
20 | change of program is not unavailable to the respondent | ||||||
21 | solely on the ground that the respondent does not | ||||||
22 | agree with the school district's or private or | ||||||
23 | non-public school's transfer, change of placement, or | ||||||
24 | change of program or solely on the ground that the | ||||||
25 | respondent fails or refuses to consent or otherwise | ||||||
26 | does not take an action required to effectuate a |
| |||||||
| |||||||
1 | transfer, change of placement, or change of program. | ||||||
2 | When a court orders a respondent to stay away from the | ||||||
3 | public, private, or non-public school attended by the | ||||||
4 | petitioner and the respondent requests a transfer to | ||||||
5 | another attendance center within the respondent's | ||||||
6 | school district or private or non-public school, the | ||||||
7 | school district or private or non-public school shall | ||||||
8 | have sole discretion to determine the attendance | ||||||
9 | center to which the respondent is transferred. If the | ||||||
10 | court order results in a transfer of the minor | ||||||
11 | respondent to another attendance center, a change in | ||||||
12 | the respondent's placement, or a change of the | ||||||
13 | respondent's program, the parents, guardian, or legal | ||||||
14 | custodian of the respondent is responsible for | ||||||
15 | transportation and other costs associated with the | ||||||
16 | transfer or change. | ||||||
17 | (C) The court may order the parents, guardian, or | ||||||
18 | legal custodian of a minor respondent to take certain | ||||||
19 | actions or to refrain from taking certain actions to | ||||||
20 | ensure that the respondent complies with the order. If | ||||||
21 | the court orders a transfer of the respondent to | ||||||
22 | another school, the parents, guardian, or legal | ||||||
23 | custodian of the respondent is responsible for | ||||||
24 | transportation and other costs associated with the | ||||||
25 | change of school by the respondent. | ||||||
26 | (4) Counseling. Require or recommend the respondent to |
| |||||||
| |||||||
1 | undergo counseling for a specified duration with a social | ||||||
2 | worker, psychologist, clinical psychologist, | ||||||
3 | psychiatrist, family service agency, alcohol or substance | ||||||
4 | abuse program, mental health center guidance counselor, | ||||||
5 | agency providing services to elders, program designed for | ||||||
6 | domestic violence abusers, or any other guidance service | ||||||
7 | the court deems appropriate. The court may order the | ||||||
8 | respondent in any intimate partner relationship to report | ||||||
9 | to an Illinois Department of Human Services protocol | ||||||
10 | approved partner abuse intervention program for an | ||||||
11 | assessment and to follow all recommended treatment. | ||||||
12 | (5) Physical care and possession of the minor child. | ||||||
13 | In order to protect the minor child from abuse, neglect, | ||||||
14 | or unwarranted separation from the person who has been the | ||||||
15 | minor child's primary caretaker, or to otherwise protect | ||||||
16 | the well-being of the minor child, the court may do either | ||||||
17 | or both of the following: (i) grant petitioner physical | ||||||
18 | care or possession of the minor child, or both, or (ii) | ||||||
19 | order respondent to return a minor child to, or not remove | ||||||
20 | a minor child from, the physical care of a parent or person | ||||||
21 | in loco parentis. | ||||||
22 | If the respondent is charged with abuse (as defined in | ||||||
23 | Section 112A-3 of this Code) of a minor child, there shall | ||||||
24 | be a rebuttable presumption that awarding physical care to | ||||||
25 | respondent would not be in the minor child's best | ||||||
26 | interest. |
| |||||||
| |||||||
1 | (6) Temporary allocation of parental responsibilities | ||||||
2 | and significant decision-making responsibilities. Award | ||||||
3 | temporary significant decision-making responsibility to | ||||||
4 | petitioner in accordance with this Section, the Illinois | ||||||
5 | Marriage and Dissolution of Marriage Act, the Illinois | ||||||
6 | Parentage Act of 2015, and this State's Uniform | ||||||
7 | Child-Custody Jurisdiction and Enforcement Act. | ||||||
8 | If the respondent is charged with abuse (as defined in | ||||||
9 | Section 112A-3 of this Code) of a minor child, there shall | ||||||
10 | be a rebuttable presumption that awarding temporary | ||||||
11 | significant decision-making responsibility to respondent | ||||||
12 | would not be in the child's best interest. | ||||||
13 | (7) Parenting time. Determine the parenting time, if | ||||||
14 | any, of respondent in any case in which the court awards | ||||||
15 | physical care or temporary significant decision-making | ||||||
16 | responsibility of a minor child to petitioner. The court | ||||||
17 | shall restrict or deny respondent's parenting time with a | ||||||
18 | minor child if the court finds that respondent has done or | ||||||
19 | is likely to do any of the following: | ||||||
20 | (i) abuse or endanger the minor child during | ||||||
21 | parenting time; | ||||||
22 | (ii) use the parenting time as an opportunity to | ||||||
23 | abuse or harass petitioner or petitioner's family or | ||||||
24 | household members; | ||||||
25 | (iii) improperly conceal or detain the minor | ||||||
26 | child; or |
| |||||||
| |||||||
1 | (iv) otherwise act in a manner that is not in the | ||||||
2 | best interests of the minor child. | ||||||
3 | The court shall not be limited by the standards set | ||||||
4 | forth in Section 603.10 of the Illinois Marriage and | ||||||
5 | Dissolution of Marriage Act. If the court grants parenting | ||||||
6 | time, the order shall specify dates and times for the | ||||||
7 | parenting time to take place or other specific parameters | ||||||
8 | or conditions that are appropriate. No order for parenting | ||||||
9 | time shall refer merely to the term "reasonable parenting | ||||||
10 | time". Petitioner may deny respondent access to the minor | ||||||
11 | child if, when respondent arrives for parenting time, | ||||||
12 | respondent is under the influence of drugs or alcohol and | ||||||
13 | constitutes a threat to the safety and well-being of | ||||||
14 | petitioner or petitioner's minor children or is behaving | ||||||
15 | in a violent or abusive manner. If necessary to protect | ||||||
16 | any member of petitioner's family or household from future | ||||||
17 | abuse, respondent shall be prohibited from coming to | ||||||
18 | petitioner's residence to meet the minor child for | ||||||
19 | parenting time, and the petitioner and respondent shall | ||||||
20 | submit to the court their recommendations for reasonable | ||||||
21 | alternative arrangements for parenting time. A person may | ||||||
22 | be approved to supervise parenting time only after filing | ||||||
23 | an affidavit accepting that responsibility and | ||||||
24 | acknowledging accountability to the court. | ||||||
25 | (8) Removal or concealment of minor child. Prohibit | ||||||
26 | respondent from removing a minor child from the State or |
| |||||||
| |||||||
1 | concealing the child within the State. | ||||||
2 | (9) Order to appear. Order the respondent to appear in | ||||||
3 | court, alone or with a minor child, to prevent abuse, | ||||||
4 | neglect, removal or concealment of the child, to return | ||||||
5 | the child to the custody or care of the petitioner, or to | ||||||
6 | permit any court-ordered interview or examination of the | ||||||
7 | child or the respondent. | ||||||
8 | (10) Possession of personal property. Grant petitioner | ||||||
9 | exclusive possession of personal property and, if | ||||||
10 | respondent has possession or control, direct respondent to | ||||||
11 | promptly make it available to petitioner, if: | ||||||
12 | (i) petitioner, but not respondent, owns the | ||||||
13 | property; or | ||||||
14 | (ii) the petitioner and respondent own the | ||||||
15 | property jointly; sharing it would risk abuse of | ||||||
16 | petitioner by respondent or is impracticable; and the | ||||||
17 | balance of hardships favors temporary possession by | ||||||
18 | petitioner. | ||||||
19 | If petitioner's sole claim to ownership of the | ||||||
20 | property is that it is marital property, the court may | ||||||
21 | award petitioner temporary possession thereof under the | ||||||
22 | standards of subparagraph (ii) of this paragraph only if a | ||||||
23 | proper proceeding has been filed under the Illinois | ||||||
24 | Marriage and Dissolution of Marriage Act, as now or | ||||||
25 | hereafter amended. | ||||||
26 | No order under this provision shall affect title to |
| |||||||
| |||||||
1 | property. | ||||||
2 | (11) Protection of property. Forbid the respondent | ||||||
3 | from taking, transferring, encumbering, concealing, | ||||||
4 | damaging, or otherwise disposing of any real or personal | ||||||
5 | property, except as explicitly authorized by the court, | ||||||
6 | if: | ||||||
7 | (i) petitioner, but not respondent, owns the | ||||||
8 | property; or | ||||||
9 | (ii) the petitioner and respondent own the | ||||||
10 | property jointly, and the balance of hardships favors | ||||||
11 | granting this remedy. | ||||||
12 | If petitioner's sole claim to ownership of the | ||||||
13 | property is that it is marital property, the court may | ||||||
14 | grant petitioner relief under subparagraph (ii) of this | ||||||
15 | paragraph only if a proper proceeding has been filed under | ||||||
16 | the Illinois Marriage and Dissolution of Marriage Act, as | ||||||
17 | now or hereafter amended. | ||||||
18 | The court may further prohibit respondent from | ||||||
19 | improperly using the financial or other resources of an | ||||||
20 | aged member of the family or household for the profit or | ||||||
21 | advantage of respondent or of any other person. | ||||||
22 | (11.5) Protection of animals. Grant the petitioner the | ||||||
23 | exclusive care, custody, or control of any animal owned, | ||||||
24 | possessed, leased, kept, or held by either the petitioner | ||||||
25 | or the respondent or a minor child residing in the | ||||||
26 | residence or household of either the petitioner or the |
| |||||||
| |||||||
1 | respondent and order the respondent to stay away from the | ||||||
2 | animal and forbid the respondent from taking, | ||||||
3 | transferring, encumbering, concealing, harming, or | ||||||
4 | otherwise disposing of the animal. | ||||||
5 | (12) Order for payment of support. Order respondent to | ||||||
6 | pay temporary support for the petitioner or any child in | ||||||
7 | the petitioner's care or over whom the petitioner has been | ||||||
8 | allocated parental responsibility, when the respondent has | ||||||
9 | a legal obligation to support that person, in accordance | ||||||
10 | with the Illinois Marriage and Dissolution of Marriage | ||||||
11 | Act, which shall govern, among other matters, the amount | ||||||
12 | of support, payment through the clerk and withholding of | ||||||
13 | income to secure payment. An order for child support may | ||||||
14 | be granted to a petitioner with lawful physical care of a | ||||||
15 | child, or an order or agreement for physical care of a | ||||||
16 | child, prior to entry of an order allocating significant | ||||||
17 | decision-making responsibility. Such a support order shall | ||||||
18 | expire upon entry of a valid order allocating parental | ||||||
19 | responsibility differently and vacating petitioner's | ||||||
20 | significant decision-making responsibility unless | ||||||
21 | otherwise provided in the order. | ||||||
22 | (13) Order for payment of losses. Order respondent to | ||||||
23 | pay petitioner for losses suffered as a direct result of | ||||||
24 | the abuse. Such losses shall include, but not be limited | ||||||
25 | to, medical expenses, lost earnings or other support, | ||||||
26 | repair or replacement of property damaged or taken, |
| |||||||
| |||||||
1 | reasonable attorney's fees, court costs, and moving or | ||||||
2 | other travel expenses, including additional reasonable | ||||||
3 | expenses for temporary shelter and restaurant meals. | ||||||
4 | (i) Losses affecting family needs. If a party is | ||||||
5 | entitled to seek maintenance, child support, or | ||||||
6 | property distribution from the other party under the | ||||||
7 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
8 | now or hereafter amended, the court may order | ||||||
9 | respondent to reimburse petitioner's actual losses, to | ||||||
10 | the extent that such reimbursement would be | ||||||
11 | "appropriate temporary relief", as authorized by | ||||||
12 | subsection (a)(3) of Section 501 of that Act. | ||||||
13 | (ii) Recovery of expenses. In the case of an | ||||||
14 | improper concealment or removal of a minor child, the | ||||||
15 | court may order respondent to pay the reasonable | ||||||
16 | expenses incurred or to be incurred in the search for | ||||||
17 | and recovery of the minor child, including, but not | ||||||
18 | limited to, legal fees, court costs, private | ||||||
19 | investigator fees, and travel costs. | ||||||
20 | (14) Prohibition of entry. Prohibit the respondent | ||||||
21 | from entering or remaining in the residence or household | ||||||
22 | while the respondent is under the influence of alcohol or | ||||||
23 | drugs and constitutes a threat to the safety and | ||||||
24 | well-being of the petitioner or the petitioner's children. | ||||||
25 | (14.5) Prohibition of firearm possession. | ||||||
26 | (A) A person who is subject to an existing |
| |||||||
| |||||||
1 | domestic violence order of protection issued under | ||||||
2 | this Code may not lawfully possess firearms, stun | ||||||
3 | guns, or tasers weapons or a Firearm Owner's | ||||||
4 | Identification Card under Section 8.2 of the Firearm | ||||||
5 | Owners Identification Card Act . | ||||||
6 | (B) Any firearms in the possession of the | ||||||
7 | respondent, except as provided in subparagraph (C) of | ||||||
8 | this paragraph (14.5), shall be ordered by the court | ||||||
9 | to be turned over to a person who is not prohibited | ||||||
10 | under State or federal law from possessing firearms | ||||||
11 | with a valid Firearm Owner's Identification Card for | ||||||
12 | safekeeping . The court shall issue an order that the | ||||||
13 | respondent comply with Section 9.5 of the Firearm | ||||||
14 | Owners Identification Card Act. | ||||||
15 | (C) If the respondent is a peace officer as | ||||||
16 | defined in Section 2-13 of the Criminal Code of 2012, | ||||||
17 | the court shall order that any firearms used by the | ||||||
18 | respondent in the performance of his or her duties as a | ||||||
19 | peace officer be surrendered to the chief law | ||||||
20 | enforcement executive of the agency in which the | ||||||
21 | respondent is employed, who shall retain the firearms | ||||||
22 | for safekeeping for the duration of the domestic | ||||||
23 | violence order of protection. | ||||||
24 | (D) Upon expiration of the period of safekeeping, | ||||||
25 | if the firearms or Firearm Owner's Identification Card | ||||||
26 | cannot be returned to respondent because respondent |
| |||||||
| |||||||
1 | cannot be located, fails to respond to requests to | ||||||
2 | retrieve the firearms, or is not lawfully eligible to | ||||||
3 | possess a firearm, upon petition from the local law | ||||||
4 | enforcement agency, the court may order the local law | ||||||
5 | enforcement agency to destroy the firearms, use the | ||||||
6 | firearms for training purposes, or for any other | ||||||
7 | application as deemed appropriate by the local law | ||||||
8 | enforcement agency; or that the firearms be turned | ||||||
9 | over to a third party who is lawfully eligible to | ||||||
10 | possess firearms, and who does not reside with | ||||||
11 | respondent. | ||||||
12 | (15) Prohibition of access to records. If a domestic | ||||||
13 | violence order of protection prohibits respondent from | ||||||
14 | having contact with the minor child, or if petitioner's | ||||||
15 | address is omitted under subsection (b) of Section 112A-5 | ||||||
16 | of this Code, or if necessary to prevent abuse or wrongful | ||||||
17 | removal or concealment of a minor child, the order shall | ||||||
18 | deny respondent access to, and prohibit respondent from | ||||||
19 | inspecting, obtaining, or attempting to inspect or obtain, | ||||||
20 | school or any other records of the minor child who is in | ||||||
21 | the care of petitioner. | ||||||
22 | (16) Order for payment of shelter services. Order | ||||||
23 | respondent to reimburse a shelter providing temporary | ||||||
24 | housing and counseling services to the petitioner for the | ||||||
25 | cost of the services, as certified by the shelter and | ||||||
26 | deemed reasonable by the court. |
| |||||||
| |||||||
1 | (17) Order for injunctive relief. Enter injunctive | ||||||
2 | relief necessary or appropriate to prevent further abuse | ||||||
3 | of a family or household member or to effectuate one of the | ||||||
4 | granted remedies, if supported by the balance of | ||||||
5 | hardships. If the harm to be prevented by the injunction | ||||||
6 | is abuse or any other harm that one of the remedies listed | ||||||
7 | in paragraphs (1) through (16) of this subsection is | ||||||
8 | designed to prevent, no further evidence is necessary to | ||||||
9 | establish that the harm is an irreparable injury. | ||||||
10 | (18) Telephone services. | ||||||
11 | (A) Unless a condition described in subparagraph | ||||||
12 | (B) of this paragraph exists, the court may, upon | ||||||
13 | request by the petitioner, order a wireless telephone | ||||||
14 | service provider to transfer to the petitioner the | ||||||
15 | right to continue to use a telephone number or numbers | ||||||
16 | indicated by the petitioner and the financial | ||||||
17 | responsibility associated with the number or numbers, | ||||||
18 | as set forth in subparagraph (C) of this paragraph. In | ||||||
19 | this paragraph (18), the term "wireless telephone | ||||||
20 | service provider" means a provider of commercial | ||||||
21 | mobile service as defined in 47 U.S.C. 332. The | ||||||
22 | petitioner may request the transfer of each telephone | ||||||
23 | number that the petitioner, or a minor child in his or | ||||||
24 | her custody, uses. The clerk of the court shall serve | ||||||
25 | the order on the wireless telephone service provider's | ||||||
26 | agent for service of process provided to the Illinois |
| |||||||
| |||||||
1 | Commerce Commission. The order shall contain all of | ||||||
2 | the following: | ||||||
3 | (i) The name and billing telephone number of | ||||||
4 | the account holder including the name of the | ||||||
5 | wireless telephone service provider that serves | ||||||
6 | the account. | ||||||
7 | (ii) Each telephone number that will be | ||||||
8 | transferred. | ||||||
9 | (iii) A statement that the provider transfers | ||||||
10 | to the petitioner all financial responsibility for | ||||||
11 | and right to the use of any telephone number | ||||||
12 | transferred under this paragraph. | ||||||
13 | (B) A wireless telephone service provider shall | ||||||
14 | terminate the respondent's use of, and shall transfer | ||||||
15 | to the petitioner use of, the telephone number or | ||||||
16 | numbers indicated in subparagraph (A) of this | ||||||
17 | paragraph unless it notifies the petitioner, within 72 | ||||||
18 | hours after it receives the order, that one of the | ||||||
19 | following applies: | ||||||
20 | (i) The account holder named in the order has | ||||||
21 | terminated the account. | ||||||
22 | (ii) A difference in network technology would | ||||||
23 | prevent or impair the functionality of a device on | ||||||
24 | a network if the transfer occurs. | ||||||
25 | (iii) The transfer would cause a geographic or | ||||||
26 | other limitation on network or service provision |
| |||||||
| |||||||
1 | to the petitioner. | ||||||
2 | (iv) Another technological or operational | ||||||
3 | issue would prevent or impair the use of the | ||||||
4 | telephone number if the transfer occurs. | ||||||
5 | (C) The petitioner assumes all financial | ||||||
6 | responsibility for and right to the use of any | ||||||
7 | telephone number transferred under this paragraph. In | ||||||
8 | this paragraph, "financial responsibility" includes | ||||||
9 | monthly service costs and costs associated with any | ||||||
10 | mobile device associated with the number. | ||||||
11 | (D) A wireless telephone service provider may | ||||||
12 | apply to the petitioner its routine and customary | ||||||
13 | requirements for establishing an account or | ||||||
14 | transferring a number, including requiring the | ||||||
15 | petitioner to provide proof of identification, | ||||||
16 | financial information, and customer preferences. | ||||||
17 | (E) Except for willful or wanton misconduct, a | ||||||
18 | wireless telephone service provider is immune from | ||||||
19 | civil liability for its actions taken in compliance | ||||||
20 | with a court order issued under this paragraph. | ||||||
21 | (F) All wireless service providers that provide | ||||||
22 | services to residential customers shall provide to the | ||||||
23 | Illinois Commerce Commission the name and address of | ||||||
24 | an agent for service of orders entered under this | ||||||
25 | paragraph (18). Any change in status of the registered | ||||||
26 | agent must be reported to the Illinois Commerce |
| |||||||
| |||||||
1 | Commission within 30 days of such change. | ||||||
2 | (G) The Illinois Commerce Commission shall | ||||||
3 | maintain the list of registered agents for service for | ||||||
4 | each wireless telephone service provider on the | ||||||
5 | Commission's website. The Commission may consult with | ||||||
6 | wireless telephone service providers and the Circuit | ||||||
7 | Court Clerks on the manner in which this information | ||||||
8 | is provided and displayed. | ||||||
9 | (c) Relevant factors; findings. | ||||||
10 | (1) In determining whether to grant a specific remedy, | ||||||
11 | other than payment of support, the court shall consider | ||||||
12 | relevant factors, including, but not limited to, the | ||||||
13 | following: | ||||||
14 | (i) the nature, frequency, severity, pattern, and | ||||||
15 | consequences of the respondent's past abuse of the | ||||||
16 | petitioner or any family or household member, | ||||||
17 | including the concealment of his or her location in | ||||||
18 | order to evade service of process or notice, and the | ||||||
19 | likelihood of danger of future abuse to petitioner or | ||||||
20 | any member of petitioner's or respondent's family or | ||||||
21 | household; and | ||||||
22 | (ii) the danger that any minor child will be | ||||||
23 | abused or neglected or improperly relocated from the | ||||||
24 | jurisdiction, improperly concealed within the State, | ||||||
25 | or improperly separated from the child's primary | ||||||
26 | caretaker. |
| |||||||
| |||||||
1 | (2) In comparing relative hardships resulting to the | ||||||
2 | parties from loss of possession of the family home, the | ||||||
3 | court shall consider relevant factors, including, but not | ||||||
4 | limited to, the following: | ||||||
5 | (i) availability, accessibility, cost, safety, | ||||||
6 | adequacy, location, and other characteristics of | ||||||
7 | alternate housing for each party and any minor child | ||||||
8 | or dependent adult in the party's care; | ||||||
9 | (ii) the effect on the party's employment; and | ||||||
10 | (iii) the effect on the relationship of the party, | ||||||
11 | and any minor child or dependent adult in the party's | ||||||
12 | care, to family, school, church, and community. | ||||||
13 | (3) Subject to the exceptions set forth in paragraph | ||||||
14 | (4) of this subsection (c), the court shall make its | ||||||
15 | findings in an official record or in writing, and shall at | ||||||
16 | a minimum set forth the following: | ||||||
17 | (i) That the court has considered the applicable | ||||||
18 | relevant factors described in paragraphs (1) and (2) | ||||||
19 | of this subsection (c). | ||||||
20 | (ii) Whether the conduct or actions of respondent, | ||||||
21 | unless prohibited, will likely cause irreparable harm | ||||||
22 | or continued abuse. | ||||||
23 | (iii) Whether it is necessary to grant the | ||||||
24 | requested relief in order to protect petitioner or | ||||||
25 | other alleged abused persons. | ||||||
26 | (4) (Blank). |
| |||||||
| |||||||
1 | (5) Never married parties. No rights or | ||||||
2 | responsibilities for a minor child born outside of | ||||||
3 | marriage attach to a putative father until a father and | ||||||
4 | child relationship has been established under the Illinois | ||||||
5 | Parentage Act of 1984, the Illinois Parentage Act of 2015, | ||||||
6 | the Illinois Public Aid Code, Section 12 of the Vital | ||||||
7 | Records Act, the Juvenile Court Act of 1987, the Probate | ||||||
8 | Act of 1975, the Uniform Interstate Family Support Act, | ||||||
9 | the Expedited Child Support Act of 1990, any judicial, | ||||||
10 | administrative, or other act of another state or | ||||||
11 | territory, any other statute of this State, or by any | ||||||
12 | foreign nation establishing the father and child | ||||||
13 | relationship, any other proceeding substantially in | ||||||
14 | conformity with the federal Personal Responsibility and | ||||||
15 | Work Opportunity Reconciliation Act of 1996, or when both | ||||||
16 | parties appeared in open court or at an administrative | ||||||
17 | hearing acknowledging under oath or admitting by | ||||||
18 | affirmation the existence of a father and child | ||||||
19 | relationship. Absent such an adjudication, no putative | ||||||
20 | father shall be granted temporary allocation of parental | ||||||
21 | responsibilities, including parenting time with the minor | ||||||
22 | child, or physical care and possession of the minor child, | ||||||
23 | nor shall an order of payment for support of the minor | ||||||
24 | child be entered. | ||||||
25 | (d) Balance of hardships; findings. If the court finds | ||||||
26 | that the balance of hardships does not support the granting of |
| |||||||
| |||||||
1 | a remedy governed by paragraph (2), (3), (10), (11), or (16) of | ||||||
2 | subsection (b) of this Section, which may require such | ||||||
3 | balancing, the court's findings shall so indicate and shall | ||||||
4 | include a finding as to whether granting the remedy will | ||||||
5 | result in hardship to respondent that would substantially | ||||||
6 | outweigh the hardship to petitioner from denial of the remedy. | ||||||
7 | The findings shall be an official record or in writing. | ||||||
8 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
9 | based, in whole or in part, on evidence that: | ||||||
10 | (1) respondent has cause for any use of force, unless | ||||||
11 | that cause satisfies the standards for justifiable use of | ||||||
12 | force provided by Article 7 of the Criminal Code of 2012; | ||||||
13 | (2) respondent was voluntarily intoxicated; | ||||||
14 | (3) petitioner acted in self-defense or defense of | ||||||
15 | another, provided that, if petitioner utilized force, such | ||||||
16 | force was justifiable under Article 7 of the Criminal Code | ||||||
17 | of 2012; | ||||||
18 | (4) petitioner did not act in self-defense or defense | ||||||
19 | of another; | ||||||
20 | (5) petitioner left the residence or household to | ||||||
21 | avoid further abuse by respondent; | ||||||
22 | (6) petitioner did not leave the residence or | ||||||
23 | household to avoid further abuse by respondent; or | ||||||
24 | (7) conduct by any family or household member excused | ||||||
25 | the abuse by respondent, unless that same conduct would | ||||||
26 | have excused such abuse if the parties had not been family |
| |||||||
| |||||||
1 | or household members. | ||||||
2 | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
3 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) | ||||||
4 | (725 ILCS 5/112A-14.7) | ||||||
5 | Sec. 112A-14.7. Stalking no contact order; remedies. | ||||||
6 | (a) The court may order any of the remedies listed in this | ||||||
7 | Section. The remedies listed in this Section shall be in | ||||||
8 | addition to other civil or criminal remedies available to | ||||||
9 | petitioner. A stalking no contact order shall order one or | ||||||
10 | more of the following: | ||||||
11 | (1) prohibit the respondent from threatening to commit | ||||||
12 | or committing stalking; | ||||||
13 | (2) order the respondent not to have any contact with | ||||||
14 | the petitioner or a third person specifically named by the | ||||||
15 | court; | ||||||
16 | (3) prohibit the respondent from knowingly coming | ||||||
17 | within, or knowingly remaining within a specified distance | ||||||
18 | of the petitioner or the petitioner's residence, school, | ||||||
19 | daycare, or place of employment, or any specified place | ||||||
20 | frequented by the petitioner; however, the court may order | ||||||
21 | the respondent to stay away from the respondent's own | ||||||
22 | residence, school, or place of employment only if the | ||||||
23 | respondent has been provided actual notice of the | ||||||
24 | opportunity to appear and be heard on the petition; | ||||||
25 | (4) prohibit the respondent from possessing a Firearm |
| |||||||
| |||||||
1 | Owners Identification Card, or possessing or buying | ||||||
2 | firearms; and | ||||||
3 | (5) order other injunctive relief the court determines | ||||||
4 | to be necessary to protect the petitioner or third party | ||||||
5 | specifically named by the court. | ||||||
6 | (b) When the petitioner and the respondent attend the same | ||||||
7 | public, private, or non-public elementary, middle, or high | ||||||
8 | school, the court when issuing a stalking no contact order and | ||||||
9 | providing relief shall consider the severity of the act, any | ||||||
10 | continuing physical danger or emotional distress to the | ||||||
11 | petitioner, the educational rights guaranteed to the | ||||||
12 | petitioner and respondent under federal and State law, the | ||||||
13 | availability of a transfer of the respondent to another | ||||||
14 | school, a change of placement or a change of program of the | ||||||
15 | respondent, the expense, difficulty, and educational | ||||||
16 | disruption that would be caused by a transfer of the | ||||||
17 | respondent to another school, and any other relevant facts of | ||||||
18 | the case. The court may order that the respondent not attend | ||||||
19 | the public, private, or non-public elementary, middle, or high | ||||||
20 | school attended by the petitioner, order that the respondent | ||||||
21 | accept a change of placement or program, as determined by the | ||||||
22 | school district or private or non-public school, or place | ||||||
23 | restrictions on the respondent's movements within the school | ||||||
24 | attended by the petitioner. The respondent bears the burden of | ||||||
25 | proving by a preponderance of the evidence that a transfer, | ||||||
26 | change of placement, or change of program of the respondent is |
| |||||||
| |||||||
1 | not available. The respondent also bears the burden of | ||||||
2 | production with respect to the expense, difficulty, and | ||||||
3 | educational disruption that would be caused by a transfer of | ||||||
4 | the respondent to another school. A transfer, change of | ||||||
5 | placement, or change of program is not unavailable to the | ||||||
6 | respondent solely on the ground that the respondent does not | ||||||
7 | agree with the school district's or private or non-public | ||||||
8 | school's transfer, change of placement, or change of program | ||||||
9 | or solely on the ground that the respondent fails or refuses to | ||||||
10 | consent to or otherwise does not take an action required to | ||||||
11 | effectuate a transfer, change of placement, or change of | ||||||
12 | program. When a court orders a respondent to stay away from the | ||||||
13 | public, private, or non-public school attended by the | ||||||
14 | petitioner and the respondent requests a transfer to another | ||||||
15 | attendance center within the respondent's school district or | ||||||
16 | private or non-public school, the school district or private | ||||||
17 | or non-public school shall have sole discretion to determine | ||||||
18 | the attendance center to which the respondent is transferred. | ||||||
19 | If the court order results in a transfer of the minor | ||||||
20 | respondent to another attendance center, a change in the | ||||||
21 | respondent's placement, or a change of the respondent's | ||||||
22 | program, the parents, guardian, or legal custodian of the | ||||||
23 | respondent is responsible for transportation and other costs | ||||||
24 | associated with the transfer or change. | ||||||
25 | (c) The court may order the parents, guardian, or legal | ||||||
26 | custodian of a minor respondent to take certain actions or to |
| |||||||
| |||||||
1 | refrain from taking certain actions to ensure that the | ||||||
2 | respondent complies with the order. If the court orders a | ||||||
3 | transfer of the respondent to another school, the parents, | ||||||
4 | guardian, or legal custodian of the respondent are responsible | ||||||
5 | for transportation and other costs associated with the change | ||||||
6 | of school by the respondent. | ||||||
7 | (d) The court shall not hold a school district or private | ||||||
8 | or non-public school or any of its employees in civil or | ||||||
9 | criminal contempt unless the school district or private or | ||||||
10 | non-public school has been allowed to intervene. | ||||||
11 | (e) The court may hold the parents, guardian, or legal | ||||||
12 | custodian of a minor respondent in civil or criminal contempt | ||||||
13 | for a violation of any provision of any order entered under | ||||||
14 | this Article for conduct of the minor respondent in violation | ||||||
15 | of this Article if the parents, guardian, or legal custodian | ||||||
16 | directed, encouraged, or assisted the respondent minor in the | ||||||
17 | conduct. | ||||||
18 | (f) Monetary damages are not recoverable as a remedy. | ||||||
19 | (g) If the stalking no contact order prohibits the | ||||||
20 | respondent from possessing a Firearm Owner's Identification | ||||||
21 | Card, or possessing or buying firearms; the court shall | ||||||
22 | confiscate the respondent's firearms and firearm ammunition | ||||||
23 | Firearm Owner's Identification Card and immediately return the | ||||||
24 | card to the Illinois State Police Firearm Owner's | ||||||
25 | Identification Card Office . | ||||||
26 | (Source: P.A. 102-538, eff. 8-20-21.) |
| |||||||
| |||||||
1 | (725 ILCS 5/112A-17.5) | ||||||
2 | Sec. 112A-17.5. Ex parte protective orders. | ||||||
3 | (a) The petitioner may request expedited consideration of | ||||||
4 | the petition for an ex parte protective order. The court shall | ||||||
5 | consider the request on an expedited basis without requiring | ||||||
6 | the respondent's presence or requiring notice to the | ||||||
7 | respondent. | ||||||
8 | (b) Issuance of ex parte protective orders in cases | ||||||
9 | involving domestic violence. An ex parte domestic violence | ||||||
10 | order of protection shall be issued if petitioner satisfies | ||||||
11 | the requirements of this subsection (b) for one or more of the | ||||||
12 | requested remedies. For each remedy requested, petitioner | ||||||
13 | shall establish that: | ||||||
14 | (1) the court has jurisdiction under Section 112A-9 of | ||||||
15 | this Code; | ||||||
16 | (2) the requirements of subsection (a) of Section | ||||||
17 | 112A-11.5 of this Code are satisfied; and | ||||||
18 | (3) there is good cause to grant the remedy, | ||||||
19 | regardless of prior service of process or notice upon the | ||||||
20 | respondent, because: | ||||||
21 | (A) for the remedy of prohibition of abuse | ||||||
22 | described in paragraph (1) of subsection (b) of | ||||||
23 | Section 112A-14 of this Code; stay away order and | ||||||
24 | additional prohibitions described in paragraph (3) of | ||||||
25 | subsection (b) of Section 112A-14 of this Code; |
| |||||||
| |||||||
1 | removal or concealment of minor child described in | ||||||
2 | paragraph (8) of subsection (b) of Section 112A-14 of | ||||||
3 | this Code; order to appear described in paragraph (9) | ||||||
4 | of subsection (b) of Section 112A-14 of this Code; | ||||||
5 | physical care and possession of the minor child | ||||||
6 | described in paragraph (5) of subsection (b) of | ||||||
7 | Section 112A-14 of this Code; protection of property | ||||||
8 | described in paragraph (11) of subsection (b) of | ||||||
9 | Section 112A-14 of this Code; prohibition of entry | ||||||
10 | described in paragraph (14) of subsection (b) of | ||||||
11 | Section 112A-14 of this Code; prohibition of firearm | ||||||
12 | possession described in paragraph (14.5) of subsection | ||||||
13 | (b) of Section 112A-14 of this Code; prohibition of | ||||||
14 | access to records described in paragraph (15) of | ||||||
15 | subsection (b) of Section 112A-14 of this Code; | ||||||
16 | injunctive relief described in paragraph (16) of | ||||||
17 | subsection (b) of Section 112A-14 of this Code; and | ||||||
18 | telephone services described in paragraph (18) of | ||||||
19 | subsection (b) of Section 112A-14 of this Code, the | ||||||
20 | harm which that remedy is intended to prevent would be | ||||||
21 | likely to occur if the respondent were given any prior | ||||||
22 | notice, or greater notice than was actually given, of | ||||||
23 | the petitioner's efforts to obtain judicial relief; | ||||||
24 | (B) for the remedy of grant of exclusive | ||||||
25 | possession of residence described in paragraph (2) of | ||||||
26 | subsection (b) of Section 112A-14 of this Code; the |
| |||||||
| |||||||
1 | immediate danger of further abuse of the petitioner by | ||||||
2 | the respondent, if the petitioner chooses or had | ||||||
3 | chosen to remain in the residence or household while | ||||||
4 | the respondent was given any prior notice or greater | ||||||
5 | notice than was actually given of the petitioner's | ||||||
6 | efforts to obtain judicial relief outweighs the | ||||||
7 | hardships to the respondent of an emergency order | ||||||
8 | granting the petitioner exclusive possession of the | ||||||
9 | residence or household; and the remedy shall not be | ||||||
10 | denied because the petitioner has or could obtain | ||||||
11 | temporary shelter elsewhere while prior notice is | ||||||
12 | given to the respondent, unless the hardship to the | ||||||
13 | respondent from exclusion from the home substantially | ||||||
14 | outweigh the hardship to the petitioner; or | ||||||
15 | (C) for the remedy of possession of personal | ||||||
16 | property described in paragraph (10) of subsection (b) | ||||||
17 | of Section 112A-14 of this Code; improper disposition | ||||||
18 | of the personal property would be likely to occur if | ||||||
19 | the respondent were given any prior notice, or greater | ||||||
20 | notice than was actually given, of the petitioner's | ||||||
21 | efforts to obtain judicial relief or the petitioner | ||||||
22 | has an immediate and pressing need for the possession | ||||||
23 | of that property. | ||||||
24 | An ex parte domestic violence order of protection may not | ||||||
25 | include the counseling, custody, or payment of support or | ||||||
26 | monetary compensation remedies provided by paragraphs (4), |
| |||||||
| |||||||
1 | (12), (13), and (16) of subsection (b) of Section 112A-14 of | ||||||
2 | this Code. | ||||||
3 | (c) Issuance of ex parte civil no contact order in cases | ||||||
4 | involving sexual offenses. An ex parte civil no contact order | ||||||
5 | shall be issued if the petitioner establishes that: | ||||||
6 | (1) the court has jurisdiction under Section 112A-9 of | ||||||
7 | this Code; | ||||||
8 | (2) the requirements of subsection (a) of Section | ||||||
9 | 112A-11.5 of this Code are satisfied; and | ||||||
10 | (3) there is good cause to grant the remedy, | ||||||
11 | regardless of prior service of process or of notice upon | ||||||
12 | the respondent, because the harm which that remedy is | ||||||
13 | intended to prevent would be likely to occur if the | ||||||
14 | respondent were given any prior notice, or greater notice | ||||||
15 | than was actually given, of the petitioner's efforts to | ||||||
16 | obtain judicial relief. | ||||||
17 | The court may order any of the remedies under Section | ||||||
18 | 112A-14.5 of this Code. | ||||||
19 | (d) Issuance of ex parte stalking no contact order in | ||||||
20 | cases involving stalking offenses. An ex parte stalking no | ||||||
21 | contact order shall be issued if the petitioner establishes | ||||||
22 | that: | ||||||
23 | (1) the court has jurisdiction under Section 112A-9 of | ||||||
24 | this Code; | ||||||
25 | (2) the requirements of subsection (a) of Section | ||||||
26 | 112A-11.5 of this Code are satisfied; and |
| |||||||
| |||||||
1 | (3) there is good cause to grant the remedy, | ||||||
2 | regardless of prior service of process or of notice upon | ||||||
3 | the respondent, because the harm which that remedy is | ||||||
4 | intended to prevent would be likely to occur if the | ||||||
5 | respondent were given any prior notice, or greater notice | ||||||
6 | than was actually given, of the petitioner's efforts to | ||||||
7 | obtain judicial relief. | ||||||
8 | The court may order any of the remedies under Section | ||||||
9 | 112A-14.7 of this Code. | ||||||
10 | (e) Issuance of ex parte protective orders on court | ||||||
11 | holidays and evenings. | ||||||
12 | When the court is unavailable at the close of business, | ||||||
13 | the petitioner may file a petition for an ex parte protective | ||||||
14 | order before any available circuit judge or associate judge | ||||||
15 | who may grant relief under this Article. If the judge finds | ||||||
16 | that petitioner has satisfied the prerequisites in subsection | ||||||
17 | (b), (c), or (d) of this Section, the judge shall issue an ex | ||||||
18 | parte protective order. | ||||||
19 | The chief judge of the circuit court may designate for | ||||||
20 | each county in the circuit at least one judge to be reasonably | ||||||
21 | available to issue orally, by telephone, by facsimile, or | ||||||
22 | otherwise, an ex parte protective order at all times, whether | ||||||
23 | or not the court is in session. | ||||||
24 | The judge who issued the order under this Section shall | ||||||
25 | promptly communicate or convey the order to the sheriff to | ||||||
26 | facilitate the entry of the order into the Law Enforcement |
| |||||||
| |||||||
1 | Agencies Data System by the Illinois State Police under | ||||||
2 | Section 112A-28 of this Code. Any order issued under this | ||||||
3 | Section and any documentation in support of it shall be | ||||||
4 | certified on the next court day to the appropriate court. The | ||||||
5 | clerk of that court shall immediately assign a case number, | ||||||
6 | file the petition, order, and other documents with the court | ||||||
7 | and enter the order of record and file it with the sheriff for | ||||||
8 | service under subsection (f) of this Section. Failure to | ||||||
9 | comply with the requirements of this subsection (e) shall not | ||||||
10 | affect the validity of the order. | ||||||
11 | (f) Service of ex parte protective order on respondent. | ||||||
12 | (1) If an ex parte protective order is entered at the | ||||||
13 | time a summons or arrest warrant is issued for the | ||||||
14 | criminal charge, the petition for the protective order, | ||||||
15 | any supporting affidavits, if any, and the ex parte | ||||||
16 | protective order that has been issued shall be served with | ||||||
17 | the summons or arrest warrant. The enforcement of a | ||||||
18 | protective order under Section 112A-23 of this Code shall | ||||||
19 | not be affected by the lack of service or delivery, | ||||||
20 | provided the requirements of subsection (a) of Section | ||||||
21 | 112A-23 of this Code are otherwise met. | ||||||
22 | (2) If an ex parte protective order is entered after a | ||||||
23 | summons or arrest warrant is issued and before the | ||||||
24 | respondent makes an initial appearance in the criminal | ||||||
25 | case, the summons shall be in the form prescribed by | ||||||
26 | subsection (d) of Supreme Court Rule 101, except that it |
| |||||||
| |||||||
1 | shall require respondent to answer or appear within 7 days | ||||||
2 | and shall be accompanied by the petition for the | ||||||
3 | protective order, any supporting affidavits, if any, and | ||||||
4 | the ex parte protective order that has been issued. | ||||||
5 | (3) If an ex parte protective order is entered after | ||||||
6 | the respondent has been served notice of a petition for a | ||||||
7 | final protective order and the respondent has requested a | ||||||
8 | continuance to respond to the petition, the ex parte | ||||||
9 | protective order shall be served: (A) in open court if the | ||||||
10 | respondent is present at the proceeding at which the order | ||||||
11 | was entered; or (B) by summons in the form prescribed by | ||||||
12 | subsection (d) of Supreme Court Rule 101. | ||||||
13 | (4) No fee shall be charged for service of summons. | ||||||
14 | (5) The summons shall be served by the sheriff or | ||||||
15 | other law enforcement officer at the earliest time and | ||||||
16 | shall take precedence over other summonses except those of | ||||||
17 | a similar emergency nature. Special process servers may be | ||||||
18 | appointed at any time, and their designation shall not | ||||||
19 | affect the responsibilities and authority of the sheriff | ||||||
20 | or other official process servers. In a county with a | ||||||
21 | population over 3,000,000, a special process server may | ||||||
22 | not be appointed if an ex parte protective order grants | ||||||
23 | the surrender of a child, the surrender of a firearm or | ||||||
24 | Firearm Owner's Identification Card, or the exclusive | ||||||
25 | possession of a shared residence. Process may be served in | ||||||
26 | court. |
| |||||||
| |||||||
1 | (g) Upon 7 days' notice to the petitioner, or a shorter | ||||||
2 | notice period as the court may prescribe, a respondent subject | ||||||
3 | to an ex parte protective order may appear and petition the | ||||||
4 | court to re-hear the petition. Any petition to re-hear shall | ||||||
5 | be verified and shall allege the following: | ||||||
6 | (1) that respondent did not receive prior notice of | ||||||
7 | the initial hearing in which the ex parte protective order | ||||||
8 | was entered under Section 112A-17.5 of this Code; and | ||||||
9 | (2) that respondent had a meritorious defense to the | ||||||
10 | order or any of its remedies or that the order or any of | ||||||
11 | its remedies was not authorized under this Article. | ||||||
12 | The verified petition and affidavit shall set forth the | ||||||
13 | evidence of the meritorious defense that will be presented at | ||||||
14 | a hearing. If the court finds that the evidence presented at | ||||||
15 | the hearing on the petition establishes a meritorious defense | ||||||
16 | by a preponderance of the evidence, the court may decide to | ||||||
17 | vacate the protective order or modify the remedies. | ||||||
18 | (h) If the ex parte protective order granted petitioner | ||||||
19 | exclusive possession of the residence and the petition of | ||||||
20 | respondent seeks to re-open or vacate that grant, the court | ||||||
21 | shall set a date for hearing within 14 days on all issues | ||||||
22 | relating to exclusive possession. Under no circumstances shall | ||||||
23 | a court continue a hearing concerning exclusive possession | ||||||
24 | beyond the 14th day except by agreement of the petitioner and | ||||||
25 | the respondent. Other issues raised by the pleadings may be | ||||||
26 | consolidated for the hearing if the petitioner, the |
| |||||||
| |||||||
1 | respondent, and the court do not object. | ||||||
2 | (i) Duration of ex parte protective order. An ex parte | ||||||
3 | order shall remain in effect until the court considers the | ||||||
4 | request for a final protective order after notice has been | ||||||
5 | served on the respondent or a default final protective order | ||||||
6 | is entered, whichever occurs first. If a court date is | ||||||
7 | scheduled for the issuance of a default protective order and | ||||||
8 | the petitioner fails to personally appear or appear through | ||||||
9 | counsel or the prosecuting attorney, the petition shall be | ||||||
10 | dismissed and the ex parte order terminated. | ||||||
11 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
12 | Section 175. The Unified Code of Corrections is amended by | ||||||
13 | changing Sections 3-2-10.5, 5-5-3, 5-5-3.2, and 5-6-3 as | ||||||
14 | follows: | ||||||
15 | (730 ILCS 5/3-2-10.5) | ||||||
16 | Sec. 3-2-10.5. Retiring security employees and parole | ||||||
17 | agents; purchase of service firearm and badge. The Director | ||||||
18 | shall establish a program to allow a security employee or | ||||||
19 | parole agent of the Department who is honorably retiring in | ||||||
20 | good standing to purchase either one or both of the following: | ||||||
21 | (1) any badge previously issued to the security employee or | ||||||
22 | parole agent by the Department; or (2) if the security | ||||||
23 | employee or parole agent has a currently valid Firearm Owner's | ||||||
24 | Identification Card, the service firearm issued or previously |
| |||||||
| |||||||
1 | issued to the security employee or parole agent by the | ||||||
2 | Department. The badge must be permanently and conspicuously | ||||||
3 | marked in such a manner that the individual who possesses the | ||||||
4 | badge is not mistaken for an actively serving law enforcement | ||||||
5 | officer. The cost of the firearm shall be the replacement | ||||||
6 | value of the firearm and not the firearm's fair market value. | ||||||
7 | (Source: P.A. 102-719, eff. 5-6-22.) | ||||||
8 | (730 ILCS 5/5-5-3) | ||||||
9 | Sec. 5-5-3. Disposition. | ||||||
10 | (a) (Blank). | ||||||
11 | (b) (Blank). | ||||||
12 | (c)(1) (Blank). | ||||||
13 | (2) A period of probation, a term of periodic imprisonment | ||||||
14 | or conditional discharge shall not be imposed for the | ||||||
15 | following offenses. The court shall sentence the offender to | ||||||
16 | not less than the minimum term of imprisonment set forth in | ||||||
17 | this Code for the following offenses, and may order a fine or | ||||||
18 | restitution or both in conjunction with such term of | ||||||
19 | imprisonment: | ||||||
20 | (A) First degree murder. | ||||||
21 | (B) Attempted first degree murder. | ||||||
22 | (C) A Class X felony. | ||||||
23 | (D) A violation of Section 401.1 or 407 of the | ||||||
24 | Illinois Controlled Substances Act, or a violation of | ||||||
25 | subdivision (c)(1.5) of Section 401 of that Act which |
| |||||||
| |||||||
1 | relates to more than 5 grams of a substance containing | ||||||
2 | fentanyl or an analog thereof. | ||||||
3 | (D-5) A violation of subdivision (c)(1) of Section 401 | ||||||
4 | of the Illinois Controlled Substances Act which relates to | ||||||
5 | 3 or more grams of a substance containing heroin or an | ||||||
6 | analog thereof. | ||||||
7 | (E) (Blank). | ||||||
8 | (F) A Class 1 or greater felony if the offender had | ||||||
9 | been convicted of a Class 1 or greater felony, including | ||||||
10 | any state or federal conviction for an offense that | ||||||
11 | contained, at the time it was committed, the same elements | ||||||
12 | as an offense now (the date of the offense committed after | ||||||
13 | the prior Class 1 or greater felony) classified as a Class | ||||||
14 | 1 or greater felony, within 10 years of the date on which | ||||||
15 | the offender committed the offense for which he or she is | ||||||
16 | being sentenced, except as otherwise provided in Section | ||||||
17 | 40-10 of the Substance Use Disorder Act. | ||||||
18 | (F-3) A Class 2 or greater felony sex offense or | ||||||
19 | felony firearm offense if the offender had been convicted | ||||||
20 | of a Class 2 or greater felony, including any state or | ||||||
21 | federal conviction for an offense that contained, at the | ||||||
22 | time it was committed, the same elements as an offense now | ||||||
23 | (the date of the offense committed after the prior Class 2 | ||||||
24 | or greater felony) classified as a Class 2 or greater | ||||||
25 | felony, within 10 years of the date on which the offender | ||||||
26 | committed the offense for which he or she is being |
| |||||||
| |||||||
1 | sentenced, except as otherwise provided in Section 40-10 | ||||||
2 | of the Substance Use Disorder Act. | ||||||
3 | (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 | ||||||
4 | of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
5 | for which imprisonment is prescribed in those Sections. | ||||||
6 | (G) Residential burglary, except as otherwise provided | ||||||
7 | in Section 40-10 of the Substance Use Disorder Act. | ||||||
8 | (H) Criminal sexual assault. | ||||||
9 | (I) Aggravated battery of a senior citizen as | ||||||
10 | described in Section 12-4.6 or subdivision (a)(4) of | ||||||
11 | Section 12-3.05 of the Criminal Code of 1961 or the | ||||||
12 | Criminal Code of 2012. | ||||||
13 | (J) A forcible felony if the offense was related to | ||||||
14 | the activities of an organized gang. | ||||||
15 | Before July 1, 1994, for the purposes of this | ||||||
16 | paragraph, "organized gang" means an association of 5 or | ||||||
17 | more persons, with an established hierarchy, that | ||||||
18 | encourages members of the association to perpetrate crimes | ||||||
19 | or provides support to the members of the association who | ||||||
20 | do commit crimes. | ||||||
21 | Beginning July 1, 1994, for the purposes of this | ||||||
22 | paragraph, "organized gang" has the meaning ascribed to it | ||||||
23 | in Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
24 | Prevention Act. | ||||||
25 | (K) Vehicular hijacking. | ||||||
26 | (L) A second or subsequent conviction for the offense |
| |||||||
| |||||||
1 | of hate crime when the underlying offense upon which the | ||||||
2 | hate crime is based is felony aggravated assault or felony | ||||||
3 | mob action. | ||||||
4 | (M) A second or subsequent conviction for the offense | ||||||
5 | of institutional vandalism if the damage to the property | ||||||
6 | exceeds $300. | ||||||
7 | (N) A Class 3 felony violation of paragraph (1) of | ||||||
8 | subsection (a) of Section 2 of the Firearm Owners | ||||||
9 | Identification Card Act committed before the effective | ||||||
10 | date of this amendatory Act of the 103rd General Assembly . | ||||||
11 | (O) A violation of Section 12-6.1 or 12-6.5 of the | ||||||
12 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
13 | (P) A violation of paragraph (1), (2), (3), (4), (5), | ||||||
14 | or (7) of subsection (a) of Section 11-20.1 of the | ||||||
15 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
16 | (P-5) A violation of paragraph (6) of subsection (a) | ||||||
17 | of Section 11-20.1 of the Criminal Code of 1961 or the | ||||||
18 | Criminal Code of 2012 if the victim is a household or | ||||||
19 | family member of the defendant. | ||||||
20 | (Q) A violation of subsection (b) or (b-5) of Section | ||||||
21 | 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal | ||||||
22 | Code of 1961 or the Criminal Code of 2012. | ||||||
23 | (R) A violation of Section 24-3A of the Criminal Code | ||||||
24 | of 1961 or the Criminal Code of 2012. | ||||||
25 | (S) (Blank). | ||||||
26 | (T) (Blank). |
| |||||||
| |||||||
1 | (U) A second or subsequent violation of Section 6-303 | ||||||
2 | of the Illinois Vehicle Code committed while his or her | ||||||
3 | driver's license, permit, or privilege was revoked because | ||||||
4 | of a violation of Section 9-3 of the Criminal Code of 1961 | ||||||
5 | or the Criminal Code of 2012, relating to the offense of | ||||||
6 | reckless homicide, or a similar provision of a law of | ||||||
7 | another state. | ||||||
8 | (V) A violation of paragraph (4) of subsection (c) of | ||||||
9 | Section 11-20.1B or paragraph (4) of subsection (c) of | ||||||
10 | Section 11-20.3 of the Criminal Code of 1961, or paragraph | ||||||
11 | (6) of subsection (a) of Section 11-20.1 of the Criminal | ||||||
12 | Code of 2012 when the victim is under 13 years of age and | ||||||
13 | the defendant has previously been convicted under the laws | ||||||
14 | of this State or any other state of the offense of child | ||||||
15 | pornography, aggravated child pornography, aggravated | ||||||
16 | criminal sexual abuse, aggravated criminal sexual assault, | ||||||
17 | predatory criminal sexual assault of a child, or any of | ||||||
18 | the offenses formerly known as rape, deviate sexual | ||||||
19 | assault, indecent liberties with a child, or aggravated | ||||||
20 | indecent liberties with a child where the victim was under | ||||||
21 | the age of 18 years or an offense that is substantially | ||||||
22 | equivalent to those offenses. | ||||||
23 | (W) A violation of Section 24-3.5 of the Criminal Code | ||||||
24 | of 1961 or the Criminal Code of 2012. | ||||||
25 | (X) A violation of subsection (a) of Section 31-1a of | ||||||
26 | the Criminal Code of 1961 or the Criminal Code of 2012. |
| |||||||
| |||||||
1 | (Y) A conviction for unlawful possession of a firearm | ||||||
2 | by a street gang member when the firearm was loaded or | ||||||
3 | contained firearm ammunition. | ||||||
4 | (Z) A Class 1 felony committed while he or she was | ||||||
5 | serving a term of probation or conditional discharge for a | ||||||
6 | felony. | ||||||
7 | (AA) Theft of property exceeding $500,000 and not | ||||||
8 | exceeding $1,000,000 in value. | ||||||
9 | (BB) Laundering of criminally derived property of a | ||||||
10 | value exceeding $500,000. | ||||||
11 | (CC) Knowingly selling, offering for sale, holding for | ||||||
12 | sale, or using 2,000 or more counterfeit items or | ||||||
13 | counterfeit items having a retail value in the aggregate | ||||||
14 | of $500,000 or more. | ||||||
15 | (DD) A conviction for aggravated assault under | ||||||
16 | paragraph (6) of subsection (c) of Section 12-2 of the | ||||||
17 | Criminal Code of 1961 or the Criminal Code of 2012 if the | ||||||
18 | firearm is aimed toward the person against whom the | ||||||
19 | firearm is being used. | ||||||
20 | (EE) A conviction for a violation of paragraph (2) of | ||||||
21 | subsection (a) of Section 24-3B of the Criminal Code of | ||||||
22 | 2012. | ||||||
23 | (3) (Blank). | ||||||
24 | (4) A minimum term of imprisonment of not less than 10 | ||||||
25 | consecutive days or 30 days of community service shall be | ||||||
26 | imposed for a violation of paragraph (c) of Section 6-303 of |
| |||||||
| |||||||
1 | the Illinois Vehicle Code. | ||||||
2 | (4.1) (Blank). | ||||||
3 | (4.2) Except as provided in paragraphs (4.3) and (4.8) of | ||||||
4 | this subsection (c), a minimum of 100 hours of community | ||||||
5 | service shall be imposed for a second violation of Section | ||||||
6 | 6-303 of the Illinois Vehicle Code. | ||||||
7 | (4.3) A minimum term of imprisonment of 30 days or 300 | ||||||
8 | hours of community service, as determined by the court, shall | ||||||
9 | be imposed for a second violation of subsection (c) of Section | ||||||
10 | 6-303 of the Illinois Vehicle Code. | ||||||
11 | (4.4) Except as provided in paragraphs (4.5), (4.6), and | ||||||
12 | (4.9) of this subsection (c), a minimum term of imprisonment | ||||||
13 | of 30 days or 300 hours of community service, as determined by | ||||||
14 | the court, shall be imposed for a third or subsequent | ||||||
15 | violation of Section 6-303 of the Illinois Vehicle Code. The | ||||||
16 | court may give credit toward the fulfillment of community | ||||||
17 | service hours for participation in activities and treatment as | ||||||
18 | determined by court services. | ||||||
19 | (4.5) A minimum term of imprisonment of 30 days shall be | ||||||
20 | imposed for a third violation of subsection (c) of Section | ||||||
21 | 6-303 of the Illinois Vehicle Code. | ||||||
22 | (4.6) Except as provided in paragraph (4.10) of this | ||||||
23 | subsection (c), a minimum term of imprisonment of 180 days | ||||||
24 | shall be imposed for a fourth or subsequent violation of | ||||||
25 | subsection (c) of Section 6-303 of the Illinois Vehicle Code. | ||||||
26 | (4.7) A minimum term of imprisonment of not less than 30 |
| |||||||
| |||||||
1 | consecutive days, or 300 hours of community service, shall be | ||||||
2 | imposed for a violation of subsection (a-5) of Section 6-303 | ||||||
3 | of the Illinois Vehicle Code, as provided in subsection (b-5) | ||||||
4 | of that Section. | ||||||
5 | (4.8) A mandatory prison sentence shall be imposed for a | ||||||
6 | second violation of subsection (a-5) of Section 6-303 of the | ||||||
7 | Illinois Vehicle Code, as provided in subsection (c-5) of that | ||||||
8 | Section. The person's driving privileges shall be revoked for | ||||||
9 | a period of not less than 5 years from the date of his or her | ||||||
10 | release from prison. | ||||||
11 | (4.9) A mandatory prison sentence of not less than 4 and | ||||||
12 | not more than 15 years shall be imposed for a third violation | ||||||
13 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
14 | Code, as provided in subsection (d-2.5) of that Section. The | ||||||
15 | person's driving privileges shall be revoked for the remainder | ||||||
16 | of his or her life. | ||||||
17 | (4.10) A mandatory prison sentence for a Class 1 felony | ||||||
18 | shall be imposed, and the person shall be eligible for an | ||||||
19 | extended term sentence, for a fourth or subsequent violation | ||||||
20 | of subsection (a-5) of Section 6-303 of the Illinois Vehicle | ||||||
21 | Code, as provided in subsection (d-3.5) of that Section. The | ||||||
22 | person's driving privileges shall be revoked for the remainder | ||||||
23 | of his or her life. | ||||||
24 | (5) The court may sentence a corporation or unincorporated | ||||||
25 | association convicted of any offense to: | ||||||
26 | (A) a period of conditional discharge; |
| |||||||
| |||||||
1 | (B) a fine; | ||||||
2 | (C) make restitution to the victim under Section 5-5-6 | ||||||
3 | of this Code. | ||||||
4 | (5.1) In addition to any other penalties imposed, and | ||||||
5 | except as provided in paragraph (5.2) or (5.3), a person | ||||||
6 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
7 | Illinois Vehicle Code shall have his or her driver's license, | ||||||
8 | permit, or privileges suspended for at least 90 days but not | ||||||
9 | more than one year, if the violation resulted in damage to the | ||||||
10 | property of another person. | ||||||
11 | (5.2) In addition to any other penalties imposed, and | ||||||
12 | except as provided in paragraph (5.3), a person convicted of | ||||||
13 | violating subsection (c) of Section 11-907 of the Illinois | ||||||
14 | Vehicle Code shall have his or her driver's license, permit, | ||||||
15 | or privileges suspended for at least 180 days but not more than | ||||||
16 | 2 years, if the violation resulted in injury to another | ||||||
17 | person. | ||||||
18 | (5.3) In addition to any other penalties imposed, a person | ||||||
19 | convicted of violating subsection (c) of Section 11-907 of the | ||||||
20 | Illinois Vehicle Code shall have his or her driver's license, | ||||||
21 | permit, or privileges suspended for 2 years, if the violation | ||||||
22 | resulted in the death of another person. | ||||||
23 | (5.4) In addition to any other penalties imposed, a person | ||||||
24 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
25 | Code shall have his or her driver's license, permit, or | ||||||
26 | privileges suspended for 3 months and until he or she has paid |
| |||||||
| |||||||
1 | a reinstatement fee of $100. | ||||||
2 | (5.5) In addition to any other penalties imposed, a person | ||||||
3 | convicted of violating Section 3-707 of the Illinois Vehicle | ||||||
4 | Code during a period in which his or her driver's license, | ||||||
5 | permit, or privileges were suspended for a previous violation | ||||||
6 | of that Section shall have his or her driver's license, | ||||||
7 | permit, or privileges suspended for an additional 6 months | ||||||
8 | after the expiration of the original 3-month suspension and | ||||||
9 | until he or she has paid a reinstatement fee of $100. | ||||||
10 | (6) (Blank). | ||||||
11 | (7) (Blank). | ||||||
12 | (8) (Blank). | ||||||
13 | (9) A defendant convicted of a second or subsequent | ||||||
14 | offense of ritualized abuse of a child may be sentenced to a | ||||||
15 | term of natural life imprisonment. | ||||||
16 | (10) (Blank). | ||||||
17 | (11) The court shall impose a minimum fine of $1,000 for a | ||||||
18 | first offense and $2,000 for a second or subsequent offense | ||||||
19 | upon a person convicted of or placed on supervision for | ||||||
20 | battery when the individual harmed was a sports official or | ||||||
21 | coach at any level of competition and the act causing harm to | ||||||
22 | the sports official or coach occurred within an athletic | ||||||
23 | facility or within the immediate vicinity of the athletic | ||||||
24 | facility at which the sports official or coach was an active | ||||||
25 | participant of the athletic contest held at the athletic | ||||||
26 | facility. For the purposes of this paragraph (11), "sports |
| |||||||
| |||||||
1 | official" means a person at an athletic contest who enforces | ||||||
2 | the rules of the contest, such as an umpire or referee; | ||||||
3 | "athletic facility" means an indoor or outdoor playing field | ||||||
4 | or recreational area where sports activities are conducted; | ||||||
5 | and "coach" means a person recognized as a coach by the | ||||||
6 | sanctioning authority that conducted the sporting event. | ||||||
7 | (12) A person may not receive a disposition of court | ||||||
8 | supervision for a violation of Section 5-16 of the Boat | ||||||
9 | Registration and Safety Act if that person has previously | ||||||
10 | received a disposition of court supervision for a violation of | ||||||
11 | that Section. | ||||||
12 | (13) A person convicted of or placed on court supervision | ||||||
13 | for an assault or aggravated assault when the victim and the | ||||||
14 | offender are family or household members as defined in Section | ||||||
15 | 103 of the Illinois Domestic Violence Act of 1986 or convicted | ||||||
16 | of domestic battery or aggravated domestic battery may be | ||||||
17 | required to attend a Partner Abuse Intervention Program under | ||||||
18 | protocols set forth by the Illinois Department of Human | ||||||
19 | Services under such terms and conditions imposed by the court. | ||||||
20 | The costs of such classes shall be paid by the offender. | ||||||
21 | (d) In any case in which a sentence originally imposed is | ||||||
22 | vacated, the case shall be remanded to the trial court. The | ||||||
23 | trial court shall hold a hearing under Section 5-4-1 of this | ||||||
24 | Code which may include evidence of the defendant's life, moral | ||||||
25 | character and occupation during the time since the original | ||||||
26 | sentence was passed. The trial court shall then impose |
| |||||||
| |||||||
1 | sentence upon the defendant. The trial court may impose any | ||||||
2 | sentence which could have been imposed at the original trial | ||||||
3 | subject to Section 5-5-4 of this Code. If a sentence is vacated | ||||||
4 | on appeal or on collateral attack due to the failure of the | ||||||
5 | trier of fact at trial to determine beyond a reasonable doubt | ||||||
6 | the existence of a fact (other than a prior conviction) | ||||||
7 | necessary to increase the punishment for the offense beyond | ||||||
8 | the statutory maximum otherwise applicable, either the | ||||||
9 | defendant may be re-sentenced to a term within the range | ||||||
10 | otherwise provided or, if the State files notice of its | ||||||
11 | intention to again seek the extended sentence, the defendant | ||||||
12 | shall be afforded a new trial. | ||||||
13 | (e) In cases where prosecution for aggravated criminal | ||||||
14 | sexual abuse under Section 11-1.60 or 12-16 of the Criminal | ||||||
15 | Code of 1961 or the Criminal Code of 2012 results in conviction | ||||||
16 | of a defendant who was a family member of the victim at the | ||||||
17 | time of the commission of the offense, the court shall | ||||||
18 | consider the safety and welfare of the victim and may impose a | ||||||
19 | sentence of probation only where: | ||||||
20 | (1) the court finds (A) or (B) or both are | ||||||
21 | appropriate: | ||||||
22 | (A) the defendant is willing to undergo a court | ||||||
23 | approved counseling program for a minimum duration of | ||||||
24 | 2 years; or | ||||||
25 | (B) the defendant is willing to participate in a | ||||||
26 | court approved plan, including, but not limited to, |
| |||||||
| |||||||
1 | the defendant's: | ||||||
2 | (i) removal from the household; | ||||||
3 | (ii) restricted contact with the victim; | ||||||
4 | (iii) continued financial support of the | ||||||
5 | family; | ||||||
6 | (iv) restitution for harm done to the victim; | ||||||
7 | and | ||||||
8 | (v) compliance with any other measures that | ||||||
9 | the court may deem appropriate; and | ||||||
10 | (2) the court orders the defendant to pay for the | ||||||
11 | victim's counseling services, to the extent that the court | ||||||
12 | finds, after considering the defendant's income and | ||||||
13 | assets, that the defendant is financially capable of | ||||||
14 | paying for such services, if the victim was under 18 years | ||||||
15 | of age at the time the offense was committed and requires | ||||||
16 | counseling as a result of the offense. | ||||||
17 | Probation may be revoked or modified pursuant to Section | ||||||
18 | 5-6-4; except where the court determines at the hearing that | ||||||
19 | the defendant violated a condition of his or her probation | ||||||
20 | restricting contact with the victim or other family members or | ||||||
21 | commits another offense with the victim or other family | ||||||
22 | members, the court shall revoke the defendant's probation and | ||||||
23 | impose a term of imprisonment. | ||||||
24 | For the purposes of this Section, "family member" and | ||||||
25 | "victim" shall have the meanings ascribed to them in Section | ||||||
26 | 11-0.1 of the Criminal Code of 2012. |
| |||||||
| |||||||
1 | (f) (Blank). | ||||||
2 | (g) Whenever a defendant is convicted of an offense under | ||||||
3 | Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14, | ||||||
4 | 11-14.3, 11-14.4 except for an offense that involves keeping a | ||||||
5 | place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, | ||||||
6 | 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, | ||||||
7 | 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the | ||||||
8 | Criminal Code of 2012, the defendant shall undergo medical | ||||||
9 | testing to determine whether the defendant has any sexually | ||||||
10 | transmissible disease, including a test for infection with | ||||||
11 | human immunodeficiency virus (HIV) or any other identified | ||||||
12 | causative agent of acquired immunodeficiency syndrome (AIDS). | ||||||
13 | Any such medical test shall be performed only by appropriately | ||||||
14 | licensed medical practitioners and may include an analysis of | ||||||
15 | any bodily fluids as well as an examination of the defendant's | ||||||
16 | person. Except as otherwise provided by law, the results of | ||||||
17 | such test shall be kept strictly confidential by all medical | ||||||
18 | personnel involved in the testing and must be personally | ||||||
19 | delivered in a sealed envelope to the judge of the court in | ||||||
20 | which the conviction was entered for the judge's inspection in | ||||||
21 | camera. Acting in accordance with the best interests of the | ||||||
22 | victim and the public, the judge shall have the discretion to | ||||||
23 | determine to whom, if anyone, the results of the testing may be | ||||||
24 | revealed. The court shall notify the defendant of the test | ||||||
25 | results. The court shall also notify the victim if requested | ||||||
26 | by the victim, and if the victim is under the age of 15 and if |
| |||||||
| |||||||
1 | requested by the victim's parents or legal guardian, the court | ||||||
2 | shall notify the victim's parents or legal guardian of the | ||||||
3 | test results. The court shall provide information on the | ||||||
4 | availability of HIV testing and counseling at Department of | ||||||
5 | Public Health facilities to all parties to whom the results of | ||||||
6 | the testing are revealed and shall direct the State's Attorney | ||||||
7 | to provide the information to the victim when possible. The | ||||||
8 | court shall order that the cost of any such test shall be paid | ||||||
9 | by the county and may be taxed as costs against the convicted | ||||||
10 | defendant. | ||||||
11 | (g-5) When an inmate is tested for an airborne | ||||||
12 | communicable disease, as determined by the Illinois Department | ||||||
13 | of Public Health, including, but not limited to, tuberculosis, | ||||||
14 | the results of the test shall be personally delivered by the | ||||||
15 | warden or his or her designee in a sealed envelope to the judge | ||||||
16 | of the court in which the inmate must appear for the judge's | ||||||
17 | inspection in camera if requested by the judge. Acting in | ||||||
18 | accordance with the best interests of those in the courtroom, | ||||||
19 | the judge shall have the discretion to determine what if any | ||||||
20 | precautions need to be taken to prevent transmission of the | ||||||
21 | disease in the courtroom. | ||||||
22 | (h) Whenever a defendant is convicted of an offense under | ||||||
23 | Section 1 or 2 of the Hypodermic Syringes and Needles Act, the | ||||||
24 | defendant shall undergo medical testing to determine whether | ||||||
25 | the defendant has been exposed to human immunodeficiency virus | ||||||
26 | (HIV) or any other identified causative agent of acquired |
| |||||||
| |||||||
1 | immunodeficiency syndrome (AIDS). Except as otherwise provided | ||||||
2 | by law, the results of such test shall be kept strictly | ||||||
3 | confidential by all medical personnel involved in the testing | ||||||
4 | and must be personally delivered in a sealed envelope to the | ||||||
5 | judge of the court in which the conviction was entered for the | ||||||
6 | judge's inspection in camera. Acting in accordance with the | ||||||
7 | best interests of the public, the judge shall have the | ||||||
8 | discretion to determine to whom, if anyone, the results of the | ||||||
9 | testing may be revealed. The court shall notify the defendant | ||||||
10 | of a positive test showing an infection with the human | ||||||
11 | immunodeficiency virus (HIV). The court shall provide | ||||||
12 | information on the availability of HIV testing and counseling | ||||||
13 | at Department of Public Health facilities to all parties to | ||||||
14 | whom the results of the testing are revealed and shall direct | ||||||
15 | the State's Attorney to provide the information to the victim | ||||||
16 | when possible. The court shall order that the cost of any such | ||||||
17 | test shall be paid by the county and may be taxed as costs | ||||||
18 | against the convicted defendant. | ||||||
19 | (i) All fines and penalties imposed under this Section for | ||||||
20 | any violation of Chapters 3, 4, 6, and 11 of the Illinois | ||||||
21 | Vehicle Code, or a similar provision of a local ordinance, and | ||||||
22 | any violation of the Child Passenger Protection Act, or a | ||||||
23 | similar provision of a local ordinance, shall be collected and | ||||||
24 | disbursed by the circuit clerk as provided under the Criminal | ||||||
25 | and Traffic Assessment Act. | ||||||
26 | (j) In cases when prosecution for any violation of Section |
| |||||||
| |||||||
1 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9, | ||||||
2 | 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, | ||||||
3 | 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, | ||||||
4 | 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, | ||||||
5 | 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal | ||||||
6 | Code of 2012, any violation of the Illinois Controlled | ||||||
7 | Substances Act, any violation of the Cannabis Control Act, or | ||||||
8 | any violation of the Methamphetamine Control and Community | ||||||
9 | Protection Act results in conviction, a disposition of court | ||||||
10 | supervision, or an order of probation granted under Section 10 | ||||||
11 | of the Cannabis Control Act, Section 410 of the Illinois | ||||||
12 | Controlled Substances Act, or Section 70 of the | ||||||
13 | Methamphetamine Control and Community Protection Act of a | ||||||
14 | defendant, the court shall determine whether the defendant is | ||||||
15 | employed by a facility or center as defined under the Child | ||||||
16 | Care Act of 1969, a public or private elementary or secondary | ||||||
17 | school, or otherwise works with children under 18 years of age | ||||||
18 | on a daily basis. When a defendant is so employed, the court | ||||||
19 | shall order the Clerk of the Court to send a copy of the | ||||||
20 | judgment of conviction or order of supervision or probation to | ||||||
21 | the defendant's employer by certified mail. If the employer of | ||||||
22 | the defendant is a school, the Clerk of the Court shall direct | ||||||
23 | the mailing of a copy of the judgment of conviction or order of | ||||||
24 | supervision or probation to the appropriate regional | ||||||
25 | superintendent of schools. The regional superintendent of | ||||||
26 | schools shall notify the State Board of Education of any |
| |||||||
| |||||||
1 | notification under this subsection. | ||||||
2 | (j-5) A defendant at least 17 years of age who is convicted | ||||||
3 | of a felony and who has not been previously convicted of a | ||||||
4 | misdemeanor or felony and who is sentenced to a term of | ||||||
5 | imprisonment in the Illinois Department of Corrections shall | ||||||
6 | as a condition of his or her sentence be required by the court | ||||||
7 | to attend educational courses designed to prepare the | ||||||
8 | defendant for a high school diploma and to work toward a high | ||||||
9 | school diploma or to work toward passing high school | ||||||
10 | equivalency testing or to work toward completing a vocational | ||||||
11 | training program offered by the Department of Corrections. If | ||||||
12 | a defendant fails to complete the educational training | ||||||
13 | required by his or her sentence during the term of | ||||||
14 | incarceration, the Prisoner Review Board shall, as a condition | ||||||
15 | of mandatory supervised release, require the defendant, at his | ||||||
16 | or her own expense, to pursue a course of study toward a high | ||||||
17 | school diploma or passage of high school equivalency testing. | ||||||
18 | The Prisoner Review Board shall revoke the mandatory | ||||||
19 | supervised release of a defendant who wilfully fails to comply | ||||||
20 | with this subsection (j-5) upon his or her release from | ||||||
21 | confinement in a penal institution while serving a mandatory | ||||||
22 | supervised release term; however, the inability of the | ||||||
23 | defendant after making a good faith effort to obtain financial | ||||||
24 | aid or pay for the educational training shall not be deemed a | ||||||
25 | wilful failure to comply. The Prisoner Review Board shall | ||||||
26 | recommit the defendant whose mandatory supervised release term |
| |||||||
| |||||||
1 | has been revoked under this subsection (j-5) as provided in | ||||||
2 | Section 3-3-9. This subsection (j-5) does not apply to a | ||||||
3 | defendant who has a high school diploma or has successfully | ||||||
4 | passed high school equivalency testing. This subsection (j-5) | ||||||
5 | does not apply to a defendant who is determined by the court to | ||||||
6 | be a person with a developmental disability or otherwise | ||||||
7 | mentally incapable of completing the educational or vocational | ||||||
8 | program. | ||||||
9 | (k) (Blank). | ||||||
10 | (l)(A) Except as provided in paragraph (C) of subsection | ||||||
11 | (l), whenever a defendant, who is not a citizen or national of | ||||||
12 | the United States, is convicted of any felony or misdemeanor | ||||||
13 | offense, the court after sentencing the defendant may, upon | ||||||
14 | motion of the State's Attorney, hold sentence in abeyance and | ||||||
15 | remand the defendant to the custody of the Attorney General of | ||||||
16 | the United States or his or her designated agent to be deported | ||||||
17 | when: | ||||||
18 | (1) a final order of deportation has been issued | ||||||
19 | against the defendant pursuant to proceedings under the | ||||||
20 | Immigration and Nationality Act, and | ||||||
21 | (2) the deportation of the defendant would not | ||||||
22 | deprecate the seriousness of the defendant's conduct and | ||||||
23 | would not be inconsistent with the ends of justice. | ||||||
24 | Otherwise, the defendant shall be sentenced as provided in | ||||||
25 | this Chapter V. | ||||||
26 | (B) If the defendant has already been sentenced for a |
| |||||||
| |||||||
1 | felony or misdemeanor offense, or has been placed on probation | ||||||
2 | under Section 10 of the Cannabis Control Act, Section 410 of | ||||||
3 | the Illinois Controlled Substances Act, or Section 70 of the | ||||||
4 | Methamphetamine Control and Community Protection Act, the | ||||||
5 | court may, upon motion of the State's Attorney to suspend the | ||||||
6 | sentence imposed, commit the defendant to the custody of the | ||||||
7 | Attorney General of the United States or his or her designated | ||||||
8 | agent when: | ||||||
9 | (1) a final order of deportation has been issued | ||||||
10 | against the defendant pursuant to proceedings under the | ||||||
11 | Immigration and Nationality Act, and | ||||||
12 | (2) the deportation of the defendant would not | ||||||
13 | deprecate the seriousness of the defendant's conduct and | ||||||
14 | would not be inconsistent with the ends of justice. | ||||||
15 | (C) This subsection (l) does not apply to offenders who | ||||||
16 | are subject to the provisions of paragraph (2) of subsection | ||||||
17 | (a) of Section 3-6-3. | ||||||
18 | (D) Upon motion of the State's Attorney, if a defendant | ||||||
19 | sentenced under this Section returns to the jurisdiction of | ||||||
20 | the United States, the defendant shall be recommitted to the | ||||||
21 | custody of the county from which he or she was sentenced. | ||||||
22 | Thereafter, the defendant shall be brought before the | ||||||
23 | sentencing court, which may impose any sentence that was | ||||||
24 | available under Section 5-5-3 at the time of initial | ||||||
25 | sentencing. In addition, the defendant shall not be eligible | ||||||
26 | for additional earned sentence credit as provided under |
| |||||||
| |||||||
1 | Section 3-6-3. | ||||||
2 | (m) A person convicted of criminal defacement of property | ||||||
3 | under Section 21-1.3 of the Criminal Code of 1961 or the | ||||||
4 | Criminal Code of 2012, in which the property damage exceeds | ||||||
5 | $300 and the property damaged is a school building, shall be | ||||||
6 | ordered to perform community service that may include cleanup, | ||||||
7 | removal, or painting over the defacement. | ||||||
8 | (n) The court may sentence a person convicted of a | ||||||
9 | violation of Section 12-19, 12-21, 16-1.3, or 17-56, or | ||||||
10 | subsection (a) or (b) of Section 12-4.4a, of the Criminal Code | ||||||
11 | of 1961 or the Criminal Code of 2012 (i) to an impact | ||||||
12 | incarceration program if the person is otherwise eligible for | ||||||
13 | that program under Section 5-8-1.1, (ii) to community service, | ||||||
14 | or (iii) if the person has a substance use disorder, as defined | ||||||
15 | in the Substance Use Disorder Act, to a treatment program | ||||||
16 | licensed under that Act. | ||||||
17 | (o) Whenever a person is convicted of a sex offense as | ||||||
18 | defined in Section 2 of the Sex Offender Registration Act, the | ||||||
19 | defendant's driver's license or permit shall be subject to | ||||||
20 | renewal on an annual basis in accordance with the provisions | ||||||
21 | of license renewal established by the Secretary of State. | ||||||
22 | (Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22; | ||||||
23 | 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff. | ||||||
24 | 1-1-24 .) | ||||||
25 | (730 ILCS 5/5-5-3.2) |
| |||||||
| |||||||
1 | Sec. 5-5-3.2. Factors in aggravation and extended-term | ||||||
2 | sentencing. | ||||||
3 | (a) The following factors shall be accorded weight in | ||||||
4 | favor of imposing a term of imprisonment or may be considered | ||||||
5 | by the court as reasons to impose a more severe sentence under | ||||||
6 | Section 5-8-1 or Article 4.5 of Chapter V: | ||||||
7 | (1) the defendant's conduct caused or threatened | ||||||
8 | serious harm; | ||||||
9 | (2) the defendant received compensation for committing | ||||||
10 | the offense; | ||||||
11 | (3) the defendant has a history of prior delinquency | ||||||
12 | or criminal activity; | ||||||
13 | (4) the defendant, by the duties of his office or by | ||||||
14 | his position, was obliged to prevent the particular | ||||||
15 | offense committed or to bring the offenders committing it | ||||||
16 | to justice; | ||||||
17 | (5) the defendant held public office at the time of | ||||||
18 | the offense, and the offense related to the conduct of | ||||||
19 | that office; | ||||||
20 | (6) the defendant utilized his professional reputation | ||||||
21 | or position in the community to commit the offense, or to | ||||||
22 | afford him an easier means of committing it; | ||||||
23 | (7) the sentence is necessary to deter others from | ||||||
24 | committing the same crime; | ||||||
25 | (8) the defendant committed the offense against a | ||||||
26 | person 60 years of age or older or such person's property; |
| |||||||
| |||||||
1 | (9) the defendant committed the offense against a | ||||||
2 | person who has a physical disability or such person's | ||||||
3 | property; | ||||||
4 | (10) by reason of another individual's actual or | ||||||
5 | perceived race, color, creed, religion, ancestry, gender, | ||||||
6 | sexual orientation, physical or mental disability, or | ||||||
7 | national origin, the defendant committed the offense | ||||||
8 | against (i) the person or property of that individual; | ||||||
9 | (ii) the person or property of a person who has an | ||||||
10 | association with, is married to, or has a friendship with | ||||||
11 | the other individual; or (iii) the person or property of a | ||||||
12 | relative (by blood or marriage) of a person described in | ||||||
13 | clause (i) or (ii). For the purposes of this Section, | ||||||
14 | "sexual orientation" has the meaning ascribed to it in | ||||||
15 | paragraph (O-1) of Section 1-103 of the Illinois Human | ||||||
16 | Rights Act; | ||||||
17 | (11) the offense took place in a place of worship or on | ||||||
18 | the grounds of a place of worship, immediately prior to, | ||||||
19 | during or immediately following worship services. For | ||||||
20 | purposes of this subparagraph, "place of worship" shall | ||||||
21 | mean any church, synagogue or other building, structure or | ||||||
22 | place used primarily for religious worship; | ||||||
23 | (12) the defendant was convicted of a felony committed | ||||||
24 | while he was on pretrial release or his own recognizance | ||||||
25 | pending trial for a prior felony and was convicted of such | ||||||
26 | prior felony, or the defendant was convicted of a felony |
| |||||||
| |||||||
1 | committed while he was serving a period of probation, | ||||||
2 | conditional discharge, or mandatory supervised release | ||||||
3 | under subsection (d) of Section 5-8-1 for a prior felony; | ||||||
4 | (13) the defendant committed or attempted to commit a | ||||||
5 | felony while he was wearing a bulletproof vest. For the | ||||||
6 | purposes of this paragraph (13), a bulletproof vest is any | ||||||
7 | device which is designed for the purpose of protecting the | ||||||
8 | wearer from bullets, shot or other lethal projectiles; | ||||||
9 | (14) the defendant held a position of trust or | ||||||
10 | supervision such as, but not limited to, family member as | ||||||
11 | defined in Section 11-0.1 of the Criminal Code of 2012, | ||||||
12 | teacher, scout leader, baby sitter, or day care worker, in | ||||||
13 | relation to a victim under 18 years of age, and the | ||||||
14 | defendant committed an offense in violation of Section | ||||||
15 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, | ||||||
16 | 11-14.4 except for an offense that involves keeping a | ||||||
17 | place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, | ||||||
18 | 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 | ||||||
19 | or 12-16 of the Criminal Code of 1961 or the Criminal Code | ||||||
20 | of 2012 against that victim; | ||||||
21 | (15) the defendant committed an offense related to the | ||||||
22 | activities of an organized gang. For the purposes of this | ||||||
23 | factor, "organized gang" has the meaning ascribed to it in | ||||||
24 | Section 10 of the Streetgang Terrorism Omnibus Prevention | ||||||
25 | Act; | ||||||
26 | (16) the defendant committed an offense in violation |
| |||||||
| |||||||
1 | of one of the following Sections while in a school, | ||||||
2 | regardless of the time of day or time of year; on any | ||||||
3 | conveyance owned, leased, or contracted by a school to | ||||||
4 | transport students to or from school or a school related | ||||||
5 | activity; on the real property of a school; or on a public | ||||||
6 | way within 1,000 feet of the real property comprising any | ||||||
7 | school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, | ||||||
8 | 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, | ||||||
9 | 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, | ||||||
10 | 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, | ||||||
11 | 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except | ||||||
12 | for subdivision (a)(4) or (g)(1), of the Criminal Code of | ||||||
13 | 1961 or the Criminal Code of 2012; | ||||||
14 | (16.5) the defendant committed an offense in violation | ||||||
15 | of one of the following Sections while in a day care | ||||||
16 | center, regardless of the time of day or time of year; on | ||||||
17 | the real property of a day care center, regardless of the | ||||||
18 | time of day or time of year; or on a public way within | ||||||
19 | 1,000 feet of the real property comprising any day care | ||||||
20 | center, regardless of the time of day or time of year: | ||||||
21 | Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, | ||||||
22 | 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, | ||||||
23 | 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, | ||||||
24 | 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, | ||||||
25 | 18-2, or 33A-2, or Section 12-3.05 except for subdivision | ||||||
26 | (a)(4) or (g)(1), of the Criminal Code of 1961 or the |
| |||||||
| |||||||
1 | Criminal Code of 2012; | ||||||
2 | (17) the defendant committed the offense by reason of | ||||||
3 | any person's activity as a community policing volunteer or | ||||||
4 | to prevent any person from engaging in activity as a | ||||||
5 | community policing volunteer. For the purpose of this | ||||||
6 | Section, "community policing volunteer" has the meaning | ||||||
7 | ascribed to it in Section 2-3.5 of the Criminal Code of | ||||||
8 | 2012; | ||||||
9 | (18) the defendant committed the offense in a nursing | ||||||
10 | home or on the real property comprising a nursing home. | ||||||
11 | For the purposes of this paragraph (18), "nursing home" | ||||||
12 | means a skilled nursing or intermediate long term care | ||||||
13 | facility that is subject to license by the Illinois | ||||||
14 | Department of Public Health under the Nursing Home Care | ||||||
15 | Act, the Specialized Mental Health Rehabilitation Act of | ||||||
16 | 2013, the ID/DD Community Care Act, or the MC/DD Act; | ||||||
17 | (19) the defendant was a federally licensed firearm | ||||||
18 | dealer and was previously convicted of a violation of | ||||||
19 | subsection (a) of Section 3 of the Firearm Owners | ||||||
20 | Identification Card Act before its repeal by this | ||||||
21 | amendatory Act of the 103rd General Assembly and has now | ||||||
22 | committed either a felony violation of the Firearm Owners | ||||||
23 | Identification Card Act or an act of armed violence while | ||||||
24 | armed with a firearm; | ||||||
25 | (20) the defendant (i) committed the offense of | ||||||
26 | reckless homicide under Section 9-3 of the Criminal Code |
| |||||||
| |||||||
1 | of 1961 or the Criminal Code of 2012 or the offense of | ||||||
2 | driving under the influence of alcohol, other drug or | ||||||
3 | drugs, intoxicating compound or compounds or any | ||||||
4 | combination thereof under Section 11-501 of the Illinois | ||||||
5 | Vehicle Code or a similar provision of a local ordinance | ||||||
6 | and (ii) was operating a motor vehicle in excess of 20 | ||||||
7 | miles per hour over the posted speed limit as provided in | ||||||
8 | Article VI of Chapter 11 of the Illinois Vehicle Code; | ||||||
9 | (21) the defendant (i) committed the offense of | ||||||
10 | reckless driving or aggravated reckless driving under | ||||||
11 | Section 11-503 of the Illinois Vehicle Code and (ii) was | ||||||
12 | operating a motor vehicle in excess of 20 miles per hour | ||||||
13 | over the posted speed limit as provided in Article VI of | ||||||
14 | Chapter 11 of the Illinois Vehicle Code; | ||||||
15 | (22) the defendant committed the offense against a | ||||||
16 | person that the defendant knew, or reasonably should have | ||||||
17 | known, was a member of the Armed Forces of the United | ||||||
18 | States serving on active duty. For purposes of this clause | ||||||
19 | (22), the term "Armed Forces" means any of the Armed | ||||||
20 | Forces of the United States, including a member of any | ||||||
21 | reserve component thereof or National Guard unit called to | ||||||
22 | active duty; | ||||||
23 | (23) the defendant committed the offense against a | ||||||
24 | person who was elderly or infirm or who was a person with a | ||||||
25 | disability by taking advantage of a family or fiduciary | ||||||
26 | relationship with the elderly or infirm person or person |
| |||||||
| |||||||
1 | with a disability; | ||||||
2 | (24) the defendant committed any offense under Section | ||||||
3 | 11-20.1 of the Criminal Code of 1961 or the Criminal Code | ||||||
4 | of 2012 and possessed 100 or more images; | ||||||
5 | (25) the defendant committed the offense while the | ||||||
6 | defendant or the victim was in a train, bus, or other | ||||||
7 | vehicle used for public transportation; | ||||||
8 | (26) the defendant committed the offense of child | ||||||
9 | pornography or aggravated child pornography, specifically | ||||||
10 | including paragraph (1), (2), (3), (4), (5), or (7) of | ||||||
11 | subsection (a) of Section 11-20.1 of the Criminal Code of | ||||||
12 | 1961 or the Criminal Code of 2012 where a child engaged in, | ||||||
13 | solicited for, depicted in, or posed in any act of sexual | ||||||
14 | penetration or bound, fettered, or subject to sadistic, | ||||||
15 | masochistic, or sadomasochistic abuse in a sexual context | ||||||
16 | and specifically including paragraph (1), (2), (3), (4), | ||||||
17 | (5), or (7) of subsection (a) of Section 11-20.1B or | ||||||
18 | Section 11-20.3 of the Criminal Code of 1961 where a child | ||||||
19 | engaged in, solicited for, depicted in, or posed in any | ||||||
20 | act of sexual penetration or bound, fettered, or subject | ||||||
21 | to sadistic, masochistic, or sadomasochistic abuse in a | ||||||
22 | sexual context; | ||||||
23 | (27) the defendant committed the offense of first | ||||||
24 | degree murder, assault, aggravated assault, battery, | ||||||
25 | aggravated battery, robbery, armed robbery, or aggravated | ||||||
26 | robbery against a person who was a veteran and the |
| |||||||
| |||||||
1 | defendant knew, or reasonably should have known, that the | ||||||
2 | person was a veteran performing duties as a representative | ||||||
3 | of a veterans' organization. For the purposes of this | ||||||
4 | paragraph (27), "veteran" means an Illinois resident who | ||||||
5 | has served as a member of the United States Armed Forces, a | ||||||
6 | member of the Illinois National Guard, or a member of the | ||||||
7 | United States Reserve Forces; and "veterans' organization" | ||||||
8 | means an organization comprised of members of which | ||||||
9 | substantially all are individuals who are veterans or | ||||||
10 | spouses, widows, or widowers of veterans, the primary | ||||||
11 | purpose of which is to promote the welfare of its members | ||||||
12 | and to provide assistance to the general public in such a | ||||||
13 | way as to confer a public benefit; | ||||||
14 | (28) the defendant committed the offense of assault, | ||||||
15 | aggravated assault, battery, aggravated battery, robbery, | ||||||
16 | armed robbery, or aggravated robbery against a person that | ||||||
17 | the defendant knew or reasonably should have known was a | ||||||
18 | letter carrier or postal worker while that person was | ||||||
19 | performing his or her duties delivering mail for the | ||||||
20 | United States Postal Service; | ||||||
21 | (29) the defendant committed the offense of criminal | ||||||
22 | sexual assault, aggravated criminal sexual assault, | ||||||
23 | criminal sexual abuse, or aggravated criminal sexual abuse | ||||||
24 | against a victim with an intellectual disability, and the | ||||||
25 | defendant holds a position of trust, authority, or | ||||||
26 | supervision in relation to the victim; |
| |||||||
| |||||||
1 | (30) the defendant committed the offense of promoting | ||||||
2 | juvenile prostitution, patronizing a prostitute, or | ||||||
3 | patronizing a minor engaged in prostitution and at the | ||||||
4 | time of the commission of the offense knew that the | ||||||
5 | prostitute or minor engaged in prostitution was in the | ||||||
6 | custody or guardianship of the Department of Children and | ||||||
7 | Family Services; | ||||||
8 | (31) the defendant (i) committed the offense of | ||||||
9 | driving while under the influence of alcohol, other drug | ||||||
10 | or drugs, intoxicating compound or compounds or any | ||||||
11 | combination thereof in violation of Section 11-501 of the | ||||||
12 | Illinois Vehicle Code or a similar provision of a local | ||||||
13 | ordinance and (ii) the defendant during the commission of | ||||||
14 | the offense was driving his or her vehicle upon a roadway | ||||||
15 | designated for one-way traffic in the opposite direction | ||||||
16 | of the direction indicated by official traffic control | ||||||
17 | devices; | ||||||
18 | (32) the defendant committed the offense of reckless | ||||||
19 | homicide while committing a violation of Section 11-907 of | ||||||
20 | the Illinois Vehicle Code; | ||||||
21 | (33) the defendant was found guilty of an | ||||||
22 | administrative infraction related to an act or acts of | ||||||
23 | public indecency or sexual misconduct in the penal | ||||||
24 | institution. In this paragraph (33), "penal institution" | ||||||
25 | has the same meaning as in Section 2-14 of the Criminal | ||||||
26 | Code of 2012; or |
| |||||||
| |||||||
1 | (34) the defendant committed the offense of leaving | ||||||
2 | the scene of a crash in violation of subsection (b) of | ||||||
3 | Section 11-401 of the Illinois Vehicle Code and the crash | ||||||
4 | resulted in the death of a person and at the time of the | ||||||
5 | offense, the defendant was: (i) driving under the | ||||||
6 | influence of alcohol, other drug or drugs, intoxicating | ||||||
7 | compound or compounds or any combination thereof as | ||||||
8 | defined by Section 11-501 of the Illinois Vehicle Code; or | ||||||
9 | (ii) operating the motor vehicle while using an electronic | ||||||
10 | communication device as defined in Section 12-610.2 of the | ||||||
11 | Illinois Vehicle Code. | ||||||
12 | For the purposes of this Section: | ||||||
13 | "School" is defined as a public or private elementary or | ||||||
14 | secondary school, community college, college, or university. | ||||||
15 | "Day care center" means a public or private State | ||||||
16 | certified and licensed day care center as defined in Section | ||||||
17 | 2.09 of the Child Care Act of 1969 that displays a sign in | ||||||
18 | plain view stating that the property is a day care center. | ||||||
19 | "Intellectual disability" means significantly subaverage | ||||||
20 | intellectual functioning which exists concurrently with | ||||||
21 | impairment in adaptive behavior. | ||||||
22 | "Public transportation" means the transportation or | ||||||
23 | conveyance of persons by means available to the general | ||||||
24 | public, and includes paratransit services. | ||||||
25 | "Traffic control devices" means all signs, signals, | ||||||
26 | markings, and devices that conform to the Illinois Manual on |
| |||||||
| |||||||
1 | Uniform Traffic Control Devices, placed or erected by | ||||||
2 | authority of a public body or official having jurisdiction, | ||||||
3 | for the purpose of regulating, warning, or guiding traffic. | ||||||
4 | (b) The following factors, related to all felonies, may be | ||||||
5 | considered by the court as reasons to impose an extended term | ||||||
6 | sentence under Section 5-8-2 upon any offender: | ||||||
7 | (1) When a defendant is convicted of any felony, after | ||||||
8 | having been previously convicted in Illinois or any other | ||||||
9 | jurisdiction of the same or similar class felony or | ||||||
10 | greater class felony, when such conviction has occurred | ||||||
11 | within 10 years after the previous conviction, excluding | ||||||
12 | time spent in custody, and such charges are separately | ||||||
13 | brought and tried and arise out of different series of | ||||||
14 | acts; or | ||||||
15 | (2) When a defendant is convicted of any felony and | ||||||
16 | the court finds that the offense was accompanied by | ||||||
17 | exceptionally brutal or heinous behavior indicative of | ||||||
18 | wanton cruelty; or | ||||||
19 | (3) When a defendant is convicted of any felony | ||||||
20 | committed against: | ||||||
21 | (i) a person under 12 years of age at the time of | ||||||
22 | the offense or such person's property; | ||||||
23 | (ii) a person 60 years of age or older at the time | ||||||
24 | of the offense or such person's property; or | ||||||
25 | (iii) a person who had a physical disability at | ||||||
26 | the time of the offense or such person's property; or |
| |||||||
| |||||||
1 | (4) When a defendant is convicted of any felony and | ||||||
2 | the offense involved any of the following types of | ||||||
3 | specific misconduct committed as part of a ceremony, rite, | ||||||
4 | initiation, observance, performance, practice or activity | ||||||
5 | of any actual or ostensible religious, fraternal, or | ||||||
6 | social group: | ||||||
7 | (i) the brutalizing or torturing of humans or | ||||||
8 | animals; | ||||||
9 | (ii) the theft of human corpses; | ||||||
10 | (iii) the kidnapping of humans; | ||||||
11 | (iv) the desecration of any cemetery, religious, | ||||||
12 | fraternal, business, governmental, educational, or | ||||||
13 | other building or property; or | ||||||
14 | (v) ritualized abuse of a child; or | ||||||
15 | (5) When a defendant is convicted of a felony other | ||||||
16 | than conspiracy and the court finds that the felony was | ||||||
17 | committed under an agreement with 2 or more other persons | ||||||
18 | to commit that offense and the defendant, with respect to | ||||||
19 | the other individuals, occupied a position of organizer, | ||||||
20 | supervisor, financier, or any other position of management | ||||||
21 | or leadership, and the court further finds that the felony | ||||||
22 | committed was related to or in furtherance of the criminal | ||||||
23 | activities of an organized gang or was motivated by the | ||||||
24 | defendant's leadership in an organized gang; or | ||||||
25 | (6) When a defendant is convicted of an offense | ||||||
26 | committed while using a firearm with a laser sight |
| |||||||
| |||||||
1 | attached to it. For purposes of this paragraph, "laser | ||||||
2 | sight" has the meaning ascribed to it in Section 26-7 of | ||||||
3 | the Criminal Code of 2012; or | ||||||
4 | (7) When a defendant who was at least 17 years of age | ||||||
5 | at the time of the commission of the offense is convicted | ||||||
6 | of a felony and has been previously adjudicated a | ||||||
7 | delinquent minor under the Juvenile Court Act of 1987 for | ||||||
8 | an act that if committed by an adult would be a Class X or | ||||||
9 | Class 1 felony when the conviction has occurred within 10 | ||||||
10 | years after the previous adjudication, excluding time | ||||||
11 | spent in custody; or | ||||||
12 | (8) When a defendant commits any felony and the | ||||||
13 | defendant used, possessed, exercised control over, or | ||||||
14 | otherwise directed an animal to assault a law enforcement | ||||||
15 | officer engaged in the execution of his or her official | ||||||
16 | duties or in furtherance of the criminal activities of an | ||||||
17 | organized gang in which the defendant is engaged; or | ||||||
18 | (9) When a defendant commits any felony and the | ||||||
19 | defendant knowingly video or audio records the offense | ||||||
20 | with the intent to disseminate the recording. | ||||||
21 | (c) The following factors may be considered by the court | ||||||
22 | as reasons to impose an extended term sentence under Section | ||||||
23 | 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed | ||||||
24 | offenses: | ||||||
25 | (1) When a defendant is convicted of first degree | ||||||
26 | murder, after having been previously convicted in Illinois |
| |||||||
| |||||||
1 | of any offense listed under paragraph (c)(2) of Section | ||||||
2 | 5-5-3 (730 ILCS 5/5-5-3), when that conviction has | ||||||
3 | occurred within 10 years after the previous conviction, | ||||||
4 | excluding time spent in custody, and the charges are | ||||||
5 | separately brought and tried and arise out of different | ||||||
6 | series of acts. | ||||||
7 | (1.5) When a defendant is convicted of first degree | ||||||
8 | murder, after having been previously convicted of domestic | ||||||
9 | battery (720 ILCS 5/12-3.2) or aggravated domestic battery | ||||||
10 | (720 ILCS 5/12-3.3) committed on the same victim or after | ||||||
11 | having been previously convicted of violation of an order | ||||||
12 | of protection (720 ILCS 5/12-30) in which the same victim | ||||||
13 | was the protected person. | ||||||
14 | (2) When a defendant is convicted of voluntary | ||||||
15 | manslaughter, second degree murder, involuntary | ||||||
16 | manslaughter, or reckless homicide in which the defendant | ||||||
17 | has been convicted of causing the death of more than one | ||||||
18 | individual. | ||||||
19 | (3) When a defendant is convicted of aggravated | ||||||
20 | criminal sexual assault or criminal sexual assault, when | ||||||
21 | there is a finding that aggravated criminal sexual assault | ||||||
22 | or criminal sexual assault was also committed on the same | ||||||
23 | victim by one or more other individuals, and the defendant | ||||||
24 | voluntarily participated in the crime with the knowledge | ||||||
25 | of the participation of the others in the crime, and the | ||||||
26 | commission of the crime was part of a single course of |
| |||||||
| |||||||
1 | conduct during which there was no substantial change in | ||||||
2 | the nature of the criminal objective. | ||||||
3 | (4) If the victim was under 18 years of age at the time | ||||||
4 | of the commission of the offense, when a defendant is | ||||||
5 | convicted of aggravated criminal sexual assault or | ||||||
6 | predatory criminal sexual assault of a child under | ||||||
7 | subsection (a)(1) of Section 11-1.40 or subsection (a)(1) | ||||||
8 | of Section 12-14.1 of the Criminal Code of 1961 or the | ||||||
9 | Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1). | ||||||
10 | (5) When a defendant is convicted of a felony | ||||||
11 | violation of Section 24-1 of the Criminal Code of 1961 or | ||||||
12 | the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a | ||||||
13 | finding that the defendant is a member of an organized | ||||||
14 | gang. | ||||||
15 | (6) When a defendant was convicted of unlawful use of | ||||||
16 | weapons under Section 24-1 of the Criminal Code of 1961 or | ||||||
17 | the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing | ||||||
18 | a weapon that is not readily distinguishable as one of the | ||||||
19 | weapons enumerated in Section 24-1 of the Criminal Code of | ||||||
20 | 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1). | ||||||
21 | (7) When a defendant is convicted of an offense | ||||||
22 | involving the illegal manufacture of a controlled | ||||||
23 | substance under Section 401 of the Illinois Controlled | ||||||
24 | Substances Act (720 ILCS 570/401), the illegal manufacture | ||||||
25 | of methamphetamine under Section 25 of the Methamphetamine | ||||||
26 | Control and Community Protection Act (720 ILCS 646/25), or |
| |||||||
| |||||||
1 | the illegal possession of explosives and an emergency | ||||||
2 | response officer in the performance of his or her duties | ||||||
3 | is killed or injured at the scene of the offense while | ||||||
4 | responding to the emergency caused by the commission of | ||||||
5 | the offense. In this paragraph, "emergency" means a | ||||||
6 | situation in which a person's life, health, or safety is | ||||||
7 | in jeopardy; and "emergency response officer" means a | ||||||
8 | peace officer, community policing volunteer, fireman, | ||||||
9 | emergency medical technician-ambulance, emergency medical | ||||||
10 | technician-intermediate, emergency medical | ||||||
11 | technician-paramedic, ambulance driver, other medical | ||||||
12 | assistance or first aid personnel, or hospital emergency | ||||||
13 | room personnel. | ||||||
14 | (8) When the defendant is convicted of attempted mob | ||||||
15 | action, solicitation to commit mob action, or conspiracy | ||||||
16 | to commit mob action under Section 8-1, 8-2, or 8-4 of the | ||||||
17 | Criminal Code of 2012, where the criminal object is a | ||||||
18 | violation of Section 25-1 of the Criminal Code of 2012, | ||||||
19 | and an electronic communication is used in the commission | ||||||
20 | of the offense. For the purposes of this paragraph (8), | ||||||
21 | "electronic communication" shall have the meaning provided | ||||||
22 | in Section 26.5-0.1 of the Criminal Code of 2012. | ||||||
23 | (d) For the purposes of this Section, "organized gang" has | ||||||
24 | the meaning ascribed to it in Section 10 of the Illinois | ||||||
25 | Streetgang Terrorism Omnibus Prevention Act. | ||||||
26 | (e) The court may impose an extended term sentence under |
| |||||||
| |||||||
1 | Article 4.5 of Chapter V upon an offender who has been | ||||||
2 | convicted of a felony violation of Section 11-1.20, 11-1.30, | ||||||
3 | 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or | ||||||
4 | 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012 | ||||||
5 | when the victim of the offense is under 18 years of age at the | ||||||
6 | time of the commission of the offense and, during the | ||||||
7 | commission of the offense, the victim was under the influence | ||||||
8 | of alcohol, regardless of whether or not the alcohol was | ||||||
9 | supplied by the offender; and the offender, at the time of the | ||||||
10 | commission of the offense, knew or should have known that the | ||||||
11 | victim had consumed alcohol. | ||||||
12 | (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; | ||||||
13 | 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. | ||||||
14 | 8-20-21; 102-982, eff. 7-1-23 .) | ||||||
15 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | ||||||
16 | Sec. 5-6-3. Conditions of probation and of conditional | ||||||
17 | discharge. | ||||||
18 | (a) The conditions of probation and of conditional | ||||||
19 | discharge shall be that the person: | ||||||
20 | (1) not violate any criminal statute of any | ||||||
21 | jurisdiction; | ||||||
22 | (2) report to or appear in person before such person | ||||||
23 | or agency as directed by the court. To comply with the | ||||||
24 | provisions of this paragraph (2), in lieu of requiring the | ||||||
25 | person on probation or conditional discharge to appear in |
| |||||||
| |||||||
1 | person for the required reporting or meetings, the officer | ||||||
2 | may utilize technology, including cellular and other | ||||||
3 | electronic communication devices or platforms, that allow | ||||||
4 | for communication between the supervised person and the | ||||||
5 | officer in accordance with standards and guidelines | ||||||
6 | established by the Administrative Office of the Illinois | ||||||
7 | Courts; | ||||||
8 | (3) refrain from possessing a firearm or other | ||||||
9 | dangerous weapon where the offense is a felony or, if a | ||||||
10 | misdemeanor, the offense involved the intentional or | ||||||
11 | knowing infliction of bodily harm or threat of bodily | ||||||
12 | harm; | ||||||
13 | (4) not leave the State without the consent of the | ||||||
14 | court or, in circumstances in which the reason for the | ||||||
15 | absence is of such an emergency nature that prior consent | ||||||
16 | by the court is not possible, without the prior | ||||||
17 | notification and approval of the person's probation | ||||||
18 | officer. Transfer of a person's probation or conditional | ||||||
19 | discharge supervision to another state is subject to | ||||||
20 | acceptance by the other state pursuant to the Interstate | ||||||
21 | Compact for Adult Offender Supervision; | ||||||
22 | (5) permit the probation officer to visit him at his | ||||||
23 | home or elsewhere to the extent necessary to discharge his | ||||||
24 | duties; | ||||||
25 | (6) perform no less than 30 hours of community service | ||||||
26 | and not more than 120 hours of community service, if |
| |||||||
| |||||||
1 | community service is available in the jurisdiction and is | ||||||
2 | funded and approved by the county board where the offense | ||||||
3 | was committed, where the offense was related to or in | ||||||
4 | furtherance of the criminal activities of an organized | ||||||
5 | gang and was motivated by the offender's membership in or | ||||||
6 | allegiance to an organized gang. The community service | ||||||
7 | shall include, but not be limited to, the cleanup and | ||||||
8 | repair of any damage caused by a violation of Section | ||||||
9 | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
10 | 2012 and similar damage to property located within the | ||||||
11 | municipality or county in which the violation occurred. | ||||||
12 | When possible and reasonable, the community service should | ||||||
13 | be performed in the offender's neighborhood. For purposes | ||||||
14 | of this Section, "organized gang" has the meaning ascribed | ||||||
15 | to it in Section 10 of the Illinois Streetgang Terrorism | ||||||
16 | Omnibus Prevention Act. The court may give credit toward | ||||||
17 | the fulfillment of community service hours for | ||||||
18 | participation in activities and treatment as determined by | ||||||
19 | court services. Community service shall not interfere with | ||||||
20 | the school hours, school-related activities, or work | ||||||
21 | commitments of the minor or the minor's parent, guardian, | ||||||
22 | or legal custodian; | ||||||
23 | (7) if he or she is at least 17 years of age and has | ||||||
24 | been sentenced to probation or conditional discharge for a | ||||||
25 | misdemeanor or felony in a county of 3,000,000 or more | ||||||
26 | inhabitants and has not been previously convicted of a |
| |||||||
| |||||||
1 | misdemeanor or felony, may be required by the sentencing | ||||||
2 | court to attend educational courses designed to prepare | ||||||
3 | the defendant for a high school diploma and to work toward | ||||||
4 | a high school diploma or to work toward passing high | ||||||
5 | school equivalency testing or to work toward completing a | ||||||
6 | vocational training program approved by the court. The | ||||||
7 | person on probation or conditional discharge must attend a | ||||||
8 | public institution of education to obtain the educational | ||||||
9 | or vocational training required by this paragraph (7). The | ||||||
10 | court shall revoke the probation or conditional discharge | ||||||
11 | of a person who willfully fails to comply with this | ||||||
12 | paragraph (7). The person on probation or conditional | ||||||
13 | discharge shall be required to pay for the cost of the | ||||||
14 | educational courses or high school equivalency testing if | ||||||
15 | a fee is charged for those courses or testing. The court | ||||||
16 | shall resentence the offender whose probation or | ||||||
17 | conditional discharge has been revoked as provided in | ||||||
18 | Section 5-6-4. This paragraph (7) does not apply to a | ||||||
19 | person who has a high school diploma or has successfully | ||||||
20 | passed high school equivalency testing. This paragraph (7) | ||||||
21 | does not apply to a person who is determined by the court | ||||||
22 | to be a person with a developmental disability or | ||||||
23 | otherwise mentally incapable of completing the educational | ||||||
24 | or vocational program; | ||||||
25 | (8) if convicted of possession of a substance | ||||||
26 | prohibited by the Cannabis Control Act, the Illinois |
| |||||||
| |||||||
1 | Controlled Substances Act, or the Methamphetamine Control | ||||||
2 | and Community Protection Act after a previous conviction | ||||||
3 | or disposition of supervision for possession of a | ||||||
4 | substance prohibited by the Cannabis Control Act or | ||||||
5 | Illinois Controlled Substances Act or after a sentence of | ||||||
6 | probation under Section 10 of the Cannabis Control Act, | ||||||
7 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
8 | Section 70 of the Methamphetamine Control and Community | ||||||
9 | Protection Act and upon a finding by the court that the | ||||||
10 | person is addicted, undergo treatment at a substance abuse | ||||||
11 | program approved by the court; | ||||||
12 | (8.5) if convicted of a felony sex offense as defined | ||||||
13 | in the Sex Offender Management Board Act, the person shall | ||||||
14 | undergo and successfully complete sex offender treatment | ||||||
15 | by a treatment provider approved by the Board and | ||||||
16 | conducted in conformance with the standards developed | ||||||
17 | under the Sex Offender Management Board Act; | ||||||
18 | (8.6) if convicted of a sex offense as defined in the | ||||||
19 | Sex Offender Management Board Act, refrain from residing | ||||||
20 | at the same address or in the same condominium unit or | ||||||
21 | apartment unit or in the same condominium complex or | ||||||
22 | apartment complex with another person he or she knows or | ||||||
23 | reasonably should know is a convicted sex offender or has | ||||||
24 | been placed on supervision for a sex offense; the | ||||||
25 | provisions of this paragraph do not apply to a person | ||||||
26 | convicted of a sex offense who is placed in a Department of |
| |||||||
| |||||||
1 | Corrections licensed transitional housing facility for sex | ||||||
2 | offenders; | ||||||
3 | (8.7) if convicted for an offense committed on or | ||||||
4 | after June 1, 2008 (the effective date of Public Act | ||||||
5 | 95-464) that would qualify the accused as a child sex | ||||||
6 | offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
7 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
8 | refrain from communicating with or contacting, by means of | ||||||
9 | the Internet, a person who is not related to the accused | ||||||
10 | and whom the accused reasonably believes to be under 18 | ||||||
11 | years of age; for purposes of this paragraph (8.7), | ||||||
12 | "Internet" has the meaning ascribed to it in Section | ||||||
13 | 16-0.1 of the Criminal Code of 2012; and a person is not | ||||||
14 | related to the accused if the person is not: (i) the | ||||||
15 | spouse, brother, or sister of the accused; (ii) a | ||||||
16 | descendant of the accused; (iii) a first or second cousin | ||||||
17 | of the accused; or (iv) a step-child or adopted child of | ||||||
18 | the accused; | ||||||
19 | (8.8) if convicted for an offense under Section 11-6, | ||||||
20 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
21 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
22 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
23 | or any attempt to commit any of these offenses, committed | ||||||
24 | on or after June 1, 2009 (the effective date of Public Act | ||||||
25 | 95-983): | ||||||
26 | (i) not access or use a computer or any other |
| |||||||
| |||||||
1 | device with Internet capability without the prior | ||||||
2 | written approval of the offender's probation officer, | ||||||
3 | except in connection with the offender's employment or | ||||||
4 | search for employment with the prior approval of the | ||||||
5 | offender's probation officer; | ||||||
6 | (ii) submit to periodic unannounced examinations | ||||||
7 | of the offender's computer or any other device with | ||||||
8 | Internet capability by the offender's probation | ||||||
9 | officer, a law enforcement officer, or assigned | ||||||
10 | computer or information technology specialist, | ||||||
11 | including the retrieval and copying of all data from | ||||||
12 | the computer or device and any internal or external | ||||||
13 | peripherals and removal of such information, | ||||||
14 | equipment, or device to conduct a more thorough | ||||||
15 | inspection; | ||||||
16 | (iii) submit to the installation on the offender's | ||||||
17 | computer or device with Internet capability, at the | ||||||
18 | offender's expense, of one or more hardware or | ||||||
19 | software systems to monitor the Internet use; and | ||||||
20 | (iv) submit to any other appropriate restrictions | ||||||
21 | concerning the offender's use of or access to a | ||||||
22 | computer or any other device with Internet capability | ||||||
23 | imposed by the offender's probation officer; | ||||||
24 | (8.9) if convicted of a sex offense as defined in the | ||||||
25 | Sex Offender Registration Act committed on or after | ||||||
26 | January 1, 2010 (the effective date of Public Act 96-262), |
| |||||||
| |||||||
1 | refrain from accessing or using a social networking | ||||||
2 | website as defined in Section 17-0.5 of the Criminal Code | ||||||
3 | of 2012; | ||||||
4 | (9) if convicted of a felony or of any misdemeanor | ||||||
5 | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||||||
6 | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | ||||||
7 | 2012 that was determined, pursuant to Section 112A-11.1 of | ||||||
8 | the Code of Criminal Procedure of 1963, to trigger the | ||||||
9 | prohibitions of 18 U.S.C. 922(g)(9), physically surrender | ||||||
10 | at a time and place designated by the court, his or her | ||||||
11 | Firearm Owner's Identification Card and any and all | ||||||
12 | firearms in his or her possession . The Court shall return | ||||||
13 | to the Illinois State Police Firearm Owner's | ||||||
14 | Identification Card Office the person's Firearm Owner's | ||||||
15 | Identification Card ; | ||||||
16 | (10) if convicted of a sex offense as defined in | ||||||
17 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
18 | offender is a parent or guardian of the person under 18 | ||||||
19 | years of age present in the home and no non-familial | ||||||
20 | minors are present, not participate in a holiday event | ||||||
21 | involving children under 18 years of age, such as | ||||||
22 | distributing candy or other items to children on | ||||||
23 | Halloween, wearing a Santa Claus costume on or preceding | ||||||
24 | Christmas, being employed as a department store Santa | ||||||
25 | Claus, or wearing an Easter Bunny costume on or preceding | ||||||
26 | Easter; |
| |||||||
| |||||||
1 | (11) if convicted of a sex offense as defined in | ||||||
2 | Section 2 of the Sex Offender Registration Act committed | ||||||
3 | on or after January 1, 2010 (the effective date of Public | ||||||
4 | Act 96-362) that requires the person to register as a sex | ||||||
5 | offender under that Act, may not knowingly use any | ||||||
6 | computer scrub software on any computer that the sex | ||||||
7 | offender uses; | ||||||
8 | (12) if convicted of a violation of the | ||||||
9 | Methamphetamine Control and Community Protection Act, the | ||||||
10 | Methamphetamine Precursor Control Act, or a | ||||||
11 | methamphetamine related offense: | ||||||
12 | (A) prohibited from purchasing, possessing, or | ||||||
13 | having under his or her control any product containing | ||||||
14 | pseudoephedrine unless prescribed by a physician; and | ||||||
15 | (B) prohibited from purchasing, possessing, or | ||||||
16 | having under his or her control any product containing | ||||||
17 | ammonium nitrate; and | ||||||
18 | (13) if convicted of a hate crime involving the | ||||||
19 | protected class identified in subsection (a) of Section | ||||||
20 | 12-7.1 of the Criminal Code of 2012 that gave rise to the | ||||||
21 | offense the offender committed, perform public or | ||||||
22 | community service of no less than 200 hours and enroll in | ||||||
23 | an educational program discouraging hate crimes that | ||||||
24 | includes racial, ethnic, and cultural sensitivity training | ||||||
25 | ordered by the court. | ||||||
26 | (b) The Court may in addition to other reasonable |
| |||||||
| |||||||
1 | conditions relating to the nature of the offense or the | ||||||
2 | rehabilitation of the defendant as determined for each | ||||||
3 | defendant in the proper discretion of the Court require that | ||||||
4 | the person: | ||||||
5 | (1) serve a term of periodic imprisonment under | ||||||
6 | Article 7 for a period not to exceed that specified in | ||||||
7 | paragraph (d) of Section 5-7-1; | ||||||
8 | (2) pay a fine and costs; | ||||||
9 | (3) work or pursue a course of study or vocational | ||||||
10 | training; | ||||||
11 | (4) undergo medical, psychological or psychiatric | ||||||
12 | treatment; or treatment for drug addiction or alcoholism; | ||||||
13 | (5) attend or reside in a facility established for the | ||||||
14 | instruction or residence of defendants on probation; | ||||||
15 | (6) support his dependents; | ||||||
16 | (7) and in addition, if a minor: | ||||||
17 | (i) reside with his parents or in a foster home; | ||||||
18 | (ii) attend school; | ||||||
19 | (iii) attend a non-residential program for youth; | ||||||
20 | (iv) provide nonfinancial contributions to his own | ||||||
21 | support at home or in a foster home; | ||||||
22 | (v) with the consent of the superintendent of the | ||||||
23 | facility, attend an educational program at a facility | ||||||
24 | other than the school in which the offense was | ||||||
25 | committed if he or she is convicted of a crime of | ||||||
26 | violence as defined in Section 2 of the Crime Victims |
| |||||||
| |||||||
1 | Compensation Act committed in a school, on the real | ||||||
2 | property comprising a school, or within 1,000 feet of | ||||||
3 | the real property comprising a school; | ||||||
4 | (8) make restitution as provided in Section 5-5-6 of | ||||||
5 | this Code; | ||||||
6 | (9) perform some reasonable public or community | ||||||
7 | service; | ||||||
8 | (10) serve a term of home confinement. In addition to | ||||||
9 | any other applicable condition of probation or conditional | ||||||
10 | discharge, the conditions of home confinement shall be | ||||||
11 | that the offender: | ||||||
12 | (i) remain within the interior premises of the | ||||||
13 | place designated for his confinement during the hours | ||||||
14 | designated by the court; | ||||||
15 | (ii) admit any person or agent designated by the | ||||||
16 | court into the offender's place of confinement at any | ||||||
17 | time for purposes of verifying the offender's | ||||||
18 | compliance with the conditions of his confinement; and | ||||||
19 | (iii) if further deemed necessary by the court or | ||||||
20 | the probation or court services department Probation | ||||||
21 | or Court Services Department , be placed on an approved | ||||||
22 | electronic monitoring device, subject to Article 8A of | ||||||
23 | Chapter V; | ||||||
24 | (iv) for persons convicted of any alcohol, | ||||||
25 | cannabis or controlled substance violation who are | ||||||
26 | placed on an approved monitoring device as a condition |
| |||||||
| |||||||
1 | of probation or conditional discharge, the court shall | ||||||
2 | impose a reasonable fee for each day of the use of the | ||||||
3 | device, as established by the county board in | ||||||
4 | subsection (g) of this Section, unless after | ||||||
5 | determining the inability of the offender to pay the | ||||||
6 | fee, the court assesses a lesser fee or no fee as the | ||||||
7 | case may be. This fee shall be imposed in addition to | ||||||
8 | the fees imposed under subsections (g) and (i) of this | ||||||
9 | Section. The fee shall be collected by the clerk of the | ||||||
10 | circuit court, except as provided in an administrative | ||||||
11 | order of the Chief Judge of the circuit court. The | ||||||
12 | clerk of the circuit court shall pay all monies | ||||||
13 | collected from this fee to the county treasurer for | ||||||
14 | deposit in the substance abuse services fund under | ||||||
15 | Section 5-1086.1 of the Counties Code, except as | ||||||
16 | provided in an administrative order of the Chief Judge | ||||||
17 | of the circuit court. | ||||||
18 | The Chief Judge of the circuit court of the county | ||||||
19 | may by administrative order establish a program for | ||||||
20 | electronic monitoring of offenders, in which a vendor | ||||||
21 | supplies and monitors the operation of the electronic | ||||||
22 | monitoring device, and collects the fees on behalf of | ||||||
23 | the county. The program shall include provisions for | ||||||
24 | indigent offenders and the collection of unpaid fees. | ||||||
25 | The program shall not unduly burden the offender and | ||||||
26 | shall be subject to review by the Chief Judge. |
| |||||||
| |||||||
1 | The Chief Judge of the circuit court may suspend | ||||||
2 | any additional charges or fees for late payment, | ||||||
3 | interest, or damage to any device; and | ||||||
4 | (v) for persons convicted of offenses other than | ||||||
5 | those referenced in clause (iv) above and who are | ||||||
6 | placed on an approved monitoring device as a condition | ||||||
7 | of probation or conditional discharge, the court shall | ||||||
8 | impose a reasonable fee for each day of the use of the | ||||||
9 | device, as established by the county board in | ||||||
10 | subsection (g) of this Section, unless after | ||||||
11 | determining the inability of the defendant to pay the | ||||||
12 | fee, the court assesses a lesser fee or no fee as the | ||||||
13 | case may be. This fee shall be imposed in addition to | ||||||
14 | the fees imposed under subsections (g) and (i) of this | ||||||
15 | Section. The fee shall be collected by the clerk of the | ||||||
16 | circuit court, except as provided in an administrative | ||||||
17 | order of the Chief Judge of the circuit court. The | ||||||
18 | clerk of the circuit court shall pay all monies | ||||||
19 | collected from this fee to the county treasurer who | ||||||
20 | shall use the monies collected to defray the costs of | ||||||
21 | corrections. The county treasurer shall deposit the | ||||||
22 | fee collected in the probation and court services | ||||||
23 | fund. The Chief Judge of the circuit court of the | ||||||
24 | county may by administrative order establish a program | ||||||
25 | for electronic monitoring of offenders, in which a | ||||||
26 | vendor supplies and monitors the operation of the |
| |||||||
| |||||||
1 | electronic monitoring device, and collects the fees on | ||||||
2 | behalf of the county. The program shall include | ||||||
3 | provisions for indigent offenders and the collection | ||||||
4 | of unpaid fees. The program shall not unduly burden | ||||||
5 | the offender and shall be subject to review by the | ||||||
6 | Chief Judge. | ||||||
7 | The Chief Judge of the circuit court may suspend | ||||||
8 | any additional charges or fees for late payment, | ||||||
9 | interest, or damage to any device. | ||||||
10 | (11) comply with the terms and conditions of an order | ||||||
11 | of protection issued by the court pursuant to the Illinois | ||||||
12 | Domestic Violence Act of 1986, as now or hereafter | ||||||
13 | amended, or an order of protection issued by the court of | ||||||
14 | another state, tribe, or United States territory. A copy | ||||||
15 | of the order of protection shall be transmitted to the | ||||||
16 | probation officer or agency having responsibility for the | ||||||
17 | case; | ||||||
18 | (12) reimburse any "local anti-crime program" as | ||||||
19 | defined in Section 7 of the Anti-Crime Advisory Council | ||||||
20 | Act for any reasonable expenses incurred by the program on | ||||||
21 | the offender's case, not to exceed the maximum amount of | ||||||
22 | the fine authorized for the offense for which the | ||||||
23 | defendant was sentenced; | ||||||
24 | (13) contribute a reasonable sum of money, not to | ||||||
25 | exceed the maximum amount of the fine authorized for the | ||||||
26 | offense for which the defendant was sentenced, (i) to a |
| |||||||
| |||||||
1 | "local anti-crime program", as defined in Section 7 of the | ||||||
2 | Anti-Crime Advisory Council Act, or (ii) for offenses | ||||||
3 | under the jurisdiction of the Department of Natural | ||||||
4 | Resources, to the fund established by the Department of | ||||||
5 | Natural Resources for the purchase of evidence for | ||||||
6 | investigation purposes and to conduct investigations as | ||||||
7 | outlined in Section 805-105 of the Department of Natural | ||||||
8 | Resources (Conservation) Law; | ||||||
9 | (14) refrain from entering into a designated | ||||||
10 | geographic area except upon such terms as the court finds | ||||||
11 | appropriate. Such terms may include consideration of the | ||||||
12 | purpose of the entry, the time of day, other persons | ||||||
13 | accompanying the defendant, and advance approval by a | ||||||
14 | probation officer, if the defendant has been placed on | ||||||
15 | probation or advance approval by the court, if the | ||||||
16 | defendant was placed on conditional discharge; | ||||||
17 | (15) refrain from having any contact, directly or | ||||||
18 | indirectly, with certain specified persons or particular | ||||||
19 | types of persons, including , but not limited to , members | ||||||
20 | of street gangs and drug users or dealers; | ||||||
21 | (16) refrain from having in his or her body the | ||||||
22 | presence of any illicit drug prohibited by the Illinois | ||||||
23 | Controlled Substances Act or the Methamphetamine Control | ||||||
24 | and Community Protection Act, unless prescribed by a | ||||||
25 | physician, and submit samples of his or her blood or urine | ||||||
26 | or both for tests to determine the presence of any illicit |
| |||||||
| |||||||
1 | drug; | ||||||
2 | (17) if convicted for an offense committed on or after | ||||||
3 | June 1, 2008 (the effective date of Public Act 95-464) | ||||||
4 | that would qualify the accused as a child sex offender as | ||||||
5 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code | ||||||
6 | of 1961 or the Criminal Code of 2012, refrain from | ||||||
7 | communicating with or contacting, by means of the | ||||||
8 | Internet, a person who is related to the accused and whom | ||||||
9 | the accused reasonably believes to be under 18 years of | ||||||
10 | age; for purposes of this paragraph (17), "Internet" has | ||||||
11 | the meaning ascribed to it in Section 16-0.1 of the | ||||||
12 | Criminal Code of 2012; and a person is related to the | ||||||
13 | accused if the person is: (i) the spouse, brother, or | ||||||
14 | sister of the accused; (ii) a descendant of the accused; | ||||||
15 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
16 | step-child or adopted child of the accused; | ||||||
17 | (18) if convicted for an offense committed on or after | ||||||
18 | June 1, 2009 (the effective date of Public Act 95-983) | ||||||
19 | that would qualify as a sex offense as defined in the Sex | ||||||
20 | Offender Registration Act: | ||||||
21 | (i) not access or use a computer or any other | ||||||
22 | device with Internet capability without the prior | ||||||
23 | written approval of the offender's probation officer, | ||||||
24 | except in connection with the offender's employment or | ||||||
25 | search for employment with the prior approval of the | ||||||
26 | offender's probation officer; |
| |||||||
| |||||||
1 | (ii) submit to periodic unannounced examinations | ||||||
2 | of the offender's computer or any other device with | ||||||
3 | Internet capability by the offender's probation | ||||||
4 | officer, a law enforcement officer, or assigned | ||||||
5 | computer or information technology specialist, | ||||||
6 | including the retrieval and copying of all data from | ||||||
7 | the computer or device and any internal or external | ||||||
8 | peripherals and removal of such information, | ||||||
9 | equipment, or device to conduct a more thorough | ||||||
10 | inspection; | ||||||
11 | (iii) submit to the installation on the offender's | ||||||
12 | computer or device with Internet capability, at the | ||||||
13 | subject's expense, of one or more hardware or software | ||||||
14 | systems to monitor the Internet use; and | ||||||
15 | (iv) submit to any other appropriate restrictions | ||||||
16 | concerning the offender's use of or access to a | ||||||
17 | computer or any other device with Internet capability | ||||||
18 | imposed by the offender's probation officer; and | ||||||
19 | (19) refrain from possessing a firearm or other | ||||||
20 | dangerous weapon where the offense is a misdemeanor that | ||||||
21 | did not involve the intentional or knowing infliction of | ||||||
22 | bodily harm or threat of bodily harm. | ||||||
23 | (c) The court may as a condition of probation or of | ||||||
24 | conditional discharge require that a person under 18 years of | ||||||
25 | age found guilty of any alcohol, cannabis or controlled | ||||||
26 | substance violation, refrain from acquiring a driver's license |
| |||||||
| |||||||
1 | during the period of probation or conditional discharge. If | ||||||
2 | such person is in possession of a permit or license, the court | ||||||
3 | may require that the minor refrain from driving or operating | ||||||
4 | any motor vehicle during the period of probation or | ||||||
5 | conditional discharge, except as may be necessary in the | ||||||
6 | course of the minor's lawful employment. | ||||||
7 | (d) An offender sentenced to probation or to conditional | ||||||
8 | discharge shall be given a certificate setting forth the | ||||||
9 | conditions thereof. | ||||||
10 | (e) Except where the offender has committed a fourth or | ||||||
11 | subsequent violation of subsection (c) of Section 6-303 of the | ||||||
12 | Illinois Vehicle Code, the court shall not require as a | ||||||
13 | condition of the sentence of probation or conditional | ||||||
14 | discharge that the offender be committed to a period of | ||||||
15 | imprisonment in excess of 6 months. This 6-month limit shall | ||||||
16 | not include periods of confinement given pursuant to a | ||||||
17 | sentence of county impact incarceration under Section 5-8-1.2. | ||||||
18 | Persons committed to imprisonment as a condition of | ||||||
19 | probation or conditional discharge shall not be committed to | ||||||
20 | the Department of Corrections. | ||||||
21 | (f) The court may combine a sentence of periodic | ||||||
22 | imprisonment under Article 7 or a sentence to a county impact | ||||||
23 | incarceration program under Article 8 with a sentence of | ||||||
24 | probation or conditional discharge. | ||||||
25 | (g) An offender sentenced to probation or to conditional | ||||||
26 | discharge and who during the term of either undergoes |
| |||||||
| |||||||
1 | mandatory drug or alcohol testing, or both, or is assigned to | ||||||
2 | be placed on an approved electronic monitoring device, shall | ||||||
3 | be ordered to pay all costs incidental to such mandatory drug | ||||||
4 | or alcohol testing, or both, and all costs incidental to such | ||||||
5 | approved electronic monitoring in accordance with the | ||||||
6 | defendant's ability to pay those costs. The county board with | ||||||
7 | the concurrence of the Chief Judge of the judicial circuit in | ||||||
8 | which the county is located shall establish reasonable fees | ||||||
9 | for the cost of maintenance, testing, and incidental expenses | ||||||
10 | related to the mandatory drug or alcohol testing, or both, and | ||||||
11 | all costs incidental to approved electronic monitoring, | ||||||
12 | involved in a successful probation program for the county. The | ||||||
13 | concurrence of the Chief Judge shall be in the form of an | ||||||
14 | administrative order. The fees shall be collected by the clerk | ||||||
15 | of the circuit court, except as provided in an administrative | ||||||
16 | order of the Chief Judge of the circuit court. The clerk of the | ||||||
17 | circuit court shall pay all moneys collected from these fees | ||||||
18 | to the county treasurer who shall use the moneys collected to | ||||||
19 | defray the costs of drug testing, alcohol testing, and | ||||||
20 | electronic monitoring. The county treasurer shall deposit the | ||||||
21 | fees collected in the county working cash fund under Section | ||||||
22 | 6-27001 or Section 6-29002 of the Counties Code, as the case | ||||||
23 | may be. The Chief Judge of the circuit court of the county may | ||||||
24 | by administrative order establish a program for electronic | ||||||
25 | monitoring of offenders, in which a vendor supplies and | ||||||
26 | monitors the operation of the electronic monitoring device, |
| |||||||
| |||||||
1 | and collects the fees on behalf of the county. The program | ||||||
2 | shall include provisions for indigent offenders and the | ||||||
3 | collection of unpaid fees. The program shall not unduly burden | ||||||
4 | the offender and shall be subject to review by the Chief Judge. | ||||||
5 | A person shall not be assessed costs or fees for mandatory | ||||||
6 | testing for drugs, alcohol, or both, if the person is an | ||||||
7 | indigent person as defined in paragraph (2) of subsection (a) | ||||||
8 | of Section 5-105 of the Code of Civil Procedure. | ||||||
9 | The Chief Judge of the circuit court may suspend any | ||||||
10 | additional charges or fees for late payment, interest, or | ||||||
11 | damage to any device. | ||||||
12 | (h) Jurisdiction over an offender may be transferred from | ||||||
13 | the sentencing court to the court of another circuit with the | ||||||
14 | concurrence of both courts. Further transfers or retransfers | ||||||
15 | of jurisdiction are also authorized in the same manner. The | ||||||
16 | court to which jurisdiction has been transferred shall have | ||||||
17 | the same powers as the sentencing court. The probation | ||||||
18 | department within the circuit to which jurisdiction has been | ||||||
19 | transferred, or which has agreed to provide supervision, may | ||||||
20 | impose probation fees upon receiving the transferred offender, | ||||||
21 | as provided in subsection (i). For all transfer cases, as | ||||||
22 | defined in Section 9b of the Probation and Probation Officers | ||||||
23 | Act, the probation department from the original sentencing | ||||||
24 | court shall retain all probation fees collected prior to the | ||||||
25 | transfer. After the transfer, all probation fees shall be paid | ||||||
26 | to the probation department within the circuit to which |
| |||||||
| |||||||
1 | jurisdiction has been transferred. | ||||||
2 | (i) The court shall impose upon an offender sentenced to | ||||||
3 | probation after January 1, 1989 or to conditional discharge | ||||||
4 | after January 1, 1992 or to community service under the | ||||||
5 | supervision of a probation or court services department after | ||||||
6 | January 1, 2004, as a condition of such probation or | ||||||
7 | conditional discharge or supervised community service, a fee | ||||||
8 | of $50 for each month of probation or conditional discharge | ||||||
9 | supervision or supervised community service ordered by the | ||||||
10 | court, unless after determining the inability of the person | ||||||
11 | sentenced to probation or conditional discharge or supervised | ||||||
12 | community service to pay the fee, the court assesses a lesser | ||||||
13 | fee. The court may not impose the fee on a minor who is placed | ||||||
14 | in the guardianship or custody of the Department of Children | ||||||
15 | and Family Services under the Juvenile Court Act of 1987 while | ||||||
16 | the minor is in placement. The fee shall be imposed only upon | ||||||
17 | an offender who is actively supervised by the probation and | ||||||
18 | court services department. The fee shall be collected by the | ||||||
19 | clerk of the circuit court. The clerk of the circuit court | ||||||
20 | shall pay all monies collected from this fee to the county | ||||||
21 | treasurer for deposit in the probation and court services fund | ||||||
22 | under Section 15.1 of the Probation and Probation Officers | ||||||
23 | Act. | ||||||
24 | A circuit court may not impose a probation fee under this | ||||||
25 | subsection (i) in excess of $25 per month unless the circuit | ||||||
26 | court has adopted, by administrative order issued by the Chief |
| |||||||
| |||||||
1 | Judge chief judge , a standard probation fee guide determining | ||||||
2 | an offender's ability to pay. Of the amount collected as a | ||||||
3 | probation fee, up to $5 of that fee collected per month may be | ||||||
4 | used to provide services to crime victims and their families. | ||||||
5 | The Court may only waive probation fees based on an | ||||||
6 | offender's ability to pay. The probation department may | ||||||
7 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
8 | with the approval of the Director of Court Services or the | ||||||
9 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
10 | offender may elect to pay probation fees due in a lump sum. Any | ||||||
11 | offender that has been assigned to the supervision of a | ||||||
12 | probation department, or has been transferred either under | ||||||
13 | subsection (h) of this Section or under any interstate | ||||||
14 | compact, shall be required to pay probation fees to the | ||||||
15 | department supervising the offender, based on the offender's | ||||||
16 | ability to pay. | ||||||
17 | Public Act 93-970 deletes the $10 increase in the fee | ||||||
18 | under this subsection that was imposed by Public Act 93-616. | ||||||
19 | This deletion is intended to control over any other Act of the | ||||||
20 | 93rd General Assembly that retains or incorporates that fee | ||||||
21 | increase. | ||||||
22 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
23 | of this Section, in the case of an offender convicted of a | ||||||
24 | felony sex offense (as defined in the Sex Offender Management | ||||||
25 | Board Act) or an offense that the court or probation | ||||||
26 | department has determined to be sexually motivated (as defined |
| |||||||
| |||||||
1 | in the Sex Offender Management Board Act), the court or the | ||||||
2 | probation department shall assess additional fees to pay for | ||||||
3 | all costs of treatment, assessment, evaluation for risk and | ||||||
4 | treatment, and monitoring the offender, based on that | ||||||
5 | offender's ability to pay those costs either as they occur or | ||||||
6 | under a payment plan. | ||||||
7 | (j) All fines and costs imposed under this Section for any | ||||||
8 | violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
9 | Code, or a similar provision of a local ordinance, and any | ||||||
10 | violation of the Child Passenger Protection Act, or a similar | ||||||
11 | provision of a local ordinance, shall be collected and | ||||||
12 | disbursed by the circuit clerk as provided under the Criminal | ||||||
13 | and Traffic Assessment Act. | ||||||
14 | (k) Any offender who is sentenced to probation or | ||||||
15 | conditional discharge for a felony sex offense as defined in | ||||||
16 | the Sex Offender Management Board Act or any offense that the | ||||||
17 | court or probation department has determined to be sexually | ||||||
18 | motivated as defined in the Sex Offender Management Board Act | ||||||
19 | shall be required to refrain from any contact, directly or | ||||||
20 | indirectly, with any persons specified by the court and shall | ||||||
21 | be available for all evaluations and treatment programs | ||||||
22 | required by the court or the probation department. | ||||||
23 | (l) The court may order an offender who is sentenced to | ||||||
24 | probation or conditional discharge for a violation of an order | ||||||
25 | of protection be placed under electronic surveillance as | ||||||
26 | provided in Section 5-8A-7 of this Code. |
| |||||||
| |||||||
1 | (m) Except for restitution, and assessments issued for | ||||||
2 | adjudications under Section 5-125 of the Juvenile Court Act of | ||||||
3 | 1987, fines and assessments, such as fees or administrative | ||||||
4 | costs, authorized under this Section shall not be ordered or | ||||||
5 | imposed on a minor subject to Article III, IV, or V of the | ||||||
6 | Juvenile Court Act of 1987, or a minor under the age of 18 | ||||||
7 | transferred to adult court or excluded from juvenile court | ||||||
8 | jurisdiction under Article V of the Juvenile Court Act of | ||||||
9 | 1987, or the minor's parent, guardian, or legal custodian. | ||||||
10 | (n) (m) A person on probation, conditional discharge, or | ||||||
11 | supervision shall not be ordered to refrain from having | ||||||
12 | cannabis or alcohol in his or her body unless: | ||||||
13 | (1) the person is under 21 years old; | ||||||
14 | (2) the person was sentenced to probation, conditional | ||||||
15 | discharge, or supervision for an offense which had as an | ||||||
16 | element of the offense the presence of an intoxicating | ||||||
17 | compound in the person's body; | ||||||
18 | (3) the person is participating in a problem-solving | ||||||
19 | court certified by the Illinois Supreme Court; | ||||||
20 | (4) the person has undergone a validated clinical | ||||||
21 | assessment and the clinical treatment plan includes | ||||||
22 | alcohol or cannabis testing; or | ||||||
23 | (5) a court ordered evaluation recommends that the | ||||||
24 | person refrain from using alcohol or cannabis, provided | ||||||
25 | the evaluation is a validated clinical assessment and the | ||||||
26 | recommendation originates from a clinical treatment plan. |
| |||||||
| |||||||
1 | If the court has made findings that alcohol use was a | ||||||
2 | contributing factor in the commission of the underlying | ||||||
3 | offense, the court may order a person on probation, | ||||||
4 | conditional discharge, or supervision to refrain from having | ||||||
5 | alcohol in his or her body during the time between sentencing | ||||||
6 | and the completion of a validated clinical assessment, | ||||||
7 | provided that such order shall not exceed 30 days and shall be | ||||||
8 | terminated if the clinical treatment plan does not recommend | ||||||
9 | abstinence or testing, or both. | ||||||
10 | In this subsection (n) (m) , "validated clinical | ||||||
11 | assessment" and "clinical treatment plan" have the meanings | ||||||
12 | ascribed to them in Section 10 of the Drug Court Treatment Act. | ||||||
13 | In any instance in which the court orders testing for | ||||||
14 | cannabis or alcohol, the court shall state the reasonable | ||||||
15 | relation the condition has to the person's crime for which the | ||||||
16 | person was placed on probation, conditional discharge, or | ||||||
17 | supervision. | ||||||
18 | (o) (n) A person on probation, conditional discharge, or | ||||||
19 | supervision shall not be ordered to refrain from use or | ||||||
20 | consumption of any substance lawfully prescribed by a medical | ||||||
21 | provider or authorized by the Compassionate Use of Medical | ||||||
22 | Cannabis Program Act, except where use is prohibited in | ||||||
23 | paragraph (3) or (4) of subsection (n) (m) . | ||||||
24 | (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; | ||||||
25 | 103-271, eff. 1-1-24; 103-379, eff. 7-28-23; 103-391, eff. | ||||||
26 | 1-1-24; revised 12-15-23.) |
| |||||||
| |||||||
1 | (730 ILCS 5/3-2-13 rep.) | ||||||
2 | Section 180. The Unified Code of Corrections is amended by | ||||||
3 | repealing Section 3-2-13. | ||||||
4 | Section 185. The Probation and Probation Officers Act is | ||||||
5 | amended by changing Section 15.2 as follows: | ||||||
6 | (730 ILCS 110/15.2) | ||||||
7 | Sec. 15.2. Retiring probation officer; purchase of service | ||||||
8 | firearm and badge. Each department shall establish a program | ||||||
9 | to allow a probation officer of the department who is | ||||||
10 | honorably retiring in good standing to purchase either one or | ||||||
11 | both of the following: (1) any badge previously issued to the | ||||||
12 | probation officer by the department; or (2) if the probation | ||||||
13 | officer has a currently valid Firearm Owner's Identification | ||||||
14 | Card, the service firearm issued or previously issued to the | ||||||
15 | probation officer by the department. The badge must be | ||||||
16 | permanently and conspicuously marked in such a manner that the | ||||||
17 | individual who possesses the badge is not mistaken for an | ||||||
18 | actively serving law enforcement officer. The cost of the | ||||||
19 | firearm shall be the replacement value of the firearm and not | ||||||
20 | the firearm's fair market value. | ||||||
21 | (Source: P.A. 102-719, eff. 5-6-22.) | ||||||
22 | Section 190. The Stalking No Contact Order Act is amended |
| |||||||
| |||||||
1 | by changing Section 80 as follows: | ||||||
2 | (740 ILCS 21/80) | ||||||
3 | Sec. 80. Stalking no contact orders; remedies. | ||||||
4 | (a) If the court finds that the petitioner has been a | ||||||
5 | victim of stalking, a stalking no contact order shall issue; | ||||||
6 | provided that the petitioner must also satisfy the | ||||||
7 | requirements of Section 95 on emergency orders or Section 100 | ||||||
8 | on plenary orders. The petitioner shall not be denied a | ||||||
9 | stalking no contact order because the petitioner or the | ||||||
10 | respondent is a minor. The court, when determining whether or | ||||||
11 | not to issue a stalking no contact order, may not require | ||||||
12 | physical injury on the person of the petitioner. Modification | ||||||
13 | and extension of prior stalking no contact orders shall be in | ||||||
14 | accordance with this Act. | ||||||
15 | (b) A stalking no contact order shall order one or more of | ||||||
16 | the following: | ||||||
17 | (1) prohibit the respondent from threatening to commit | ||||||
18 | or committing stalking; | ||||||
19 | (2) order the respondent not to have any contact with | ||||||
20 | the petitioner or a third person specifically named by the | ||||||
21 | court; | ||||||
22 | (3) prohibit the respondent from knowingly coming | ||||||
23 | within, or knowingly remaining within a specified distance | ||||||
24 | of the petitioner or the petitioner's residence, school, | ||||||
25 | daycare, or place of employment, or any specified place |
| |||||||
| |||||||
1 | frequented by the petitioner; however, the court may order | ||||||
2 | the respondent to stay away from the respondent's own | ||||||
3 | residence, school, or place of employment only if the | ||||||
4 | respondent has been provided actual notice of the | ||||||
5 | opportunity to appear and be heard on the petition; | ||||||
6 | (4) prohibit the respondent from possessing a Firearm | ||||||
7 | Owners Identification Card, or possessing or buying | ||||||
8 | firearms; and | ||||||
9 | (5) order other injunctive relief the court determines | ||||||
10 | to be necessary to protect the petitioner or third party | ||||||
11 | specifically named by the court. | ||||||
12 | (b-5) When the petitioner and the respondent attend the | ||||||
13 | same public, private, or non-public elementary, middle, or | ||||||
14 | high school, the court when issuing a stalking no contact | ||||||
15 | order and providing relief shall consider the severity of the | ||||||
16 | act, any continuing physical danger or emotional distress to | ||||||
17 | the petitioner, the educational rights guaranteed to the | ||||||
18 | petitioner and respondent under federal and State law, the | ||||||
19 | availability of a transfer of the respondent to another | ||||||
20 | school, a change of placement or a change of program of the | ||||||
21 | respondent, the expense, difficulty, and educational | ||||||
22 | disruption that would be caused by a transfer of the | ||||||
23 | respondent to another school, and any other relevant facts of | ||||||
24 | the case. The court may order that the respondent not attend | ||||||
25 | the public, private, or non-public elementary, middle, or high | ||||||
26 | school attended by the petitioner, order that the respondent |
| |||||||
| |||||||
1 | accept a change of placement or program, as determined by the | ||||||
2 | school district or private or non-public school, or place | ||||||
3 | restrictions on the respondent's movements within the school | ||||||
4 | attended by the petitioner. The respondent bears the burden of | ||||||
5 | proving by a preponderance of the evidence that a transfer, | ||||||
6 | change of placement, or change of program of the respondent is | ||||||
7 | not available. The respondent also bears the burden of | ||||||
8 | production with respect to the expense, difficulty, and | ||||||
9 | educational disruption that would be caused by a transfer of | ||||||
10 | the respondent to another school. A transfer, change of | ||||||
11 | placement, or change of program is not unavailable to the | ||||||
12 | respondent solely on the ground that the respondent does not | ||||||
13 | agree with the school district's or private or non-public | ||||||
14 | school's transfer, change of placement, or change of program | ||||||
15 | or solely on the ground that the respondent fails or refuses to | ||||||
16 | consent to or otherwise does not take an action required to | ||||||
17 | effectuate a transfer, change of placement, or change of | ||||||
18 | program. When a court orders a respondent to stay away from the | ||||||
19 | public, private, or non-public school attended by the | ||||||
20 | petitioner and the respondent requests a transfer to another | ||||||
21 | attendance center within the respondent's school district or | ||||||
22 | private or non-public school, the school district or private | ||||||
23 | or non-public school shall have sole discretion to determine | ||||||
24 | the attendance center to which the respondent is transferred. | ||||||
25 | In the event the court order results in a transfer of the minor | ||||||
26 | respondent to another attendance center, a change in the |
| |||||||
| |||||||
1 | respondent's placement, or a change of the respondent's | ||||||
2 | program, the parents, guardian, or legal custodian of the | ||||||
3 | respondent is responsible for transportation and other costs | ||||||
4 | associated with the transfer or change. | ||||||
5 | (b-6) The court may order the parents, guardian, or legal | ||||||
6 | custodian of a minor respondent to take certain actions or to | ||||||
7 | refrain from taking certain actions to ensure that the | ||||||
8 | respondent complies with the order. In the event the court | ||||||
9 | orders a transfer of the respondent to another school, the | ||||||
10 | parents, guardian, or legal custodian of the respondent are | ||||||
11 | responsible for transportation and other costs associated with | ||||||
12 | the change of school by the respondent. | ||||||
13 | (b-7) The court shall not hold a school district or | ||||||
14 | private or non-public school or any of its employees in civil | ||||||
15 | or criminal contempt unless the school district or private or | ||||||
16 | non-public school has been allowed to intervene. | ||||||
17 | (b-8) The court may hold the parents, guardian, or legal | ||||||
18 | custodian of a minor respondent in civil or criminal contempt | ||||||
19 | for a violation of any provision of any order entered under | ||||||
20 | this Act for conduct of the minor respondent in violation of | ||||||
21 | this Act if the parents, guardian, or legal custodian | ||||||
22 | directed, encouraged, or assisted the respondent minor in such | ||||||
23 | conduct. | ||||||
24 | (c) The court may award the petitioner costs and attorneys | ||||||
25 | fees if a stalking no contact order is granted. | ||||||
26 | (d) Monetary damages are not recoverable as a remedy. |
| |||||||
| |||||||
1 | (e) If the stalking no contact order prohibits the | ||||||
2 | respondent from possessing a Firearm Owner's Identification | ||||||
3 | Card, or possessing or buying firearms; the court shall | ||||||
4 | confiscate the respondent's firearms Firearm Owner's | ||||||
5 | Identification Card and immediately return the card to the | ||||||
6 | Illinois State Police Firearm Owner's Identification Card | ||||||
7 | Office . | ||||||
8 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
9 | Section 195. The Mental Health and Developmental | ||||||
10 | Disabilities Confidentiality Act is amended by changing | ||||||
11 | Section 12 as follows: | ||||||
12 | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812) | ||||||
13 | Sec. 12. (a) If the United States Secret Service or the | ||||||
14 | Illinois State Police requests information from a mental | ||||||
15 | health or developmental disability facility, as defined in | ||||||
16 | Section 1-107 and 1-114 of the Mental Health and Developmental | ||||||
17 | Disabilities Code, relating to a specific recipient and the | ||||||
18 | facility director determines that disclosure of such | ||||||
19 | information may be necessary to protect the life of, or to | ||||||
20 | prevent the infliction of great bodily harm to, a public | ||||||
21 | official, or a person under the protection of the United | ||||||
22 | States Secret Service, only the following information may be | ||||||
23 | disclosed: the recipient's name, address, and age and the date | ||||||
24 | of any admission to or discharge from a facility; and any |
| |||||||
| |||||||
1 | information which would indicate whether or not the recipient | ||||||
2 | has a history of violence or presents a danger of violence to | ||||||
3 | the person under protection. Any information so disclosed | ||||||
4 | shall be used for investigative purposes only and shall not be | ||||||
5 | publicly disseminated. Any person participating in good faith | ||||||
6 | in the disclosure of such information in accordance with this | ||||||
7 | provision shall have immunity from any liability, civil, | ||||||
8 | criminal or otherwise, if such information is disclosed | ||||||
9 | relying upon the representation of an officer of the United | ||||||
10 | States Secret Service or the Illinois State Police that a | ||||||
11 | person is under the protection of the United States Secret | ||||||
12 | Service or is a public official. | ||||||
13 | For the purpose of this subsection (a), the term "public | ||||||
14 | official" means the Governor, Lieutenant Governor, Attorney | ||||||
15 | General, Secretary of State, State Comptroller, State | ||||||
16 | Treasurer, member of the General Assembly, member of the | ||||||
17 | United States Congress, Judge of the United States as defined | ||||||
18 | in 28 U.S.C. 451, Justice of the United States as defined in 28 | ||||||
19 | U.S.C. 451, United States Magistrate Judge as defined in 28 | ||||||
20 | U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or | ||||||
21 | Supreme, Appellate, Circuit, or Associate Judge of the State | ||||||
22 | of Illinois. The term shall also include the spouse, child or | ||||||
23 | children of a public official. | ||||||
24 | (b) The Department of Human Services (acting as successor | ||||||
25 | to the Department of Mental Health and Developmental | ||||||
26 | Disabilities) and all public or private hospitals and mental |
| |||||||
| |||||||
1 | health facilities are required, as hereafter described in this | ||||||
2 | subsection, to furnish the Illinois State Police only such | ||||||
3 | information as may be required for the sole purpose of | ||||||
4 | determining whether an individual who may be or may have been a | ||||||
5 | patient is disqualified because of that status from receiving | ||||||
6 | or retaining a firearm under paragraph (4) of subsection (a) | ||||||
7 | of Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's | ||||||
8 | Identification Card or falls within the federal prohibitors | ||||||
9 | under subsection (e), (f), (g), (r), (s), or (t) of Section 8 | ||||||
10 | of the Firearm Owners Identification Card Act , or falls within | ||||||
11 | the federal prohibitors in 18 U.S.C. 922(g) and (n). All | ||||||
12 | physicians, clinical psychologists, or qualified examiners at | ||||||
13 | public or private mental health facilities or parts thereof as | ||||||
14 | defined in this subsection shall, in the form and manner | ||||||
15 | required by the Department, provide notice directly to the | ||||||
16 | Department of Human Services, or to his or her employer who | ||||||
17 | shall then report to the Department, within 24 hours after | ||||||
18 | determining that a person poses a clear and present danger to | ||||||
19 | himself, herself, or others, or within 7 days after a person 14 | ||||||
20 | years or older is determined to be a person with a | ||||||
21 | developmental disability by a physician, clinical | ||||||
22 | psychologist, or qualified examiner as described in this | ||||||
23 | subsection (b) Section 1.1 of the Firearm Owners | ||||||
24 | Identification Card Act . If a person is a patient as described | ||||||
25 | in clause (2)(A) (1) of the definition of "patient" in this | ||||||
26 | subsection Section 1.1 of the Firearm Owners Identification |
| |||||||
| |||||||
1 | Card Act , this information shall be furnished within 7 days | ||||||
2 | after admission to a public or private hospital or mental | ||||||
3 | health facility or the provision of services. Any such | ||||||
4 | information disclosed under this subsection shall remain | ||||||
5 | privileged and confidential, and shall not be redisclosed, | ||||||
6 | except as required by clause (e)(2) of Section 24-4.5 of the | ||||||
7 | Criminal Code of 2012 subsection (e) of Section 3.1 of the | ||||||
8 | Firearm Owners Identification Card Act , nor utilized for any | ||||||
9 | other purpose. The method of requiring the providing of such | ||||||
10 | information shall guarantee that no information is released | ||||||
11 | beyond what is necessary for this purpose. In addition, the | ||||||
12 | information disclosed shall be provided by the Department | ||||||
13 | within the time period established by Section 24-3 of the | ||||||
14 | Criminal Code of 2012 regarding the delivery of firearms. The | ||||||
15 | method used shall be sufficient to provide the necessary | ||||||
16 | information within the prescribed time period, which may | ||||||
17 | include periodically providing lists to the Department of | ||||||
18 | Human Services or any public or private hospital or mental | ||||||
19 | health facility of Firearm Owner's Identification Card | ||||||
20 | applicants for firearm purchases on which the Department or | ||||||
21 | hospital shall indicate the identities of those individuals | ||||||
22 | who are to its knowledge disqualified from having a firearm | ||||||
23 | Firearm Owner's Identification Card for reasons described | ||||||
24 | herein. The Department may provide for a centralized source of | ||||||
25 | information for the State on this subject under its | ||||||
26 | jurisdiction. The identity of the person reporting under this |
| |||||||
| |||||||
1 | subsection shall not be disclosed to the subject of the | ||||||
2 | report. For the purposes of this subsection, the physician, | ||||||
3 | clinical psychologist, or qualified examiner making the | ||||||
4 | determination and his or her employer shall not be held | ||||||
5 | criminally, civilly, or professionally liable for making or | ||||||
6 | not making the notification required under this subsection, | ||||||
7 | except for willful or wanton misconduct. | ||||||
8 | Any person, institution, or agency, under this Act, | ||||||
9 | participating in good faith in the reporting or disclosure of | ||||||
10 | records and communications otherwise in accordance with this | ||||||
11 | provision or with rules, regulations or guidelines issued by | ||||||
12 | the Department shall have immunity from any liability, civil, | ||||||
13 | criminal or otherwise, that might result by reason of the | ||||||
14 | action. For the purpose of any proceeding, civil or criminal, | ||||||
15 | arising out of a report or disclosure in accordance with this | ||||||
16 | provision, the good faith of any person, institution, or | ||||||
17 | agency so reporting or disclosing shall be presumed. The full | ||||||
18 | extent of the immunity provided in this subsection (b) shall | ||||||
19 | apply to any person, institution or agency that fails to make a | ||||||
20 | report or disclosure in the good faith belief that the report | ||||||
21 | or disclosure would violate federal regulations governing the | ||||||
22 | confidentiality of alcohol and drug abuse patient records | ||||||
23 | implementing 42 U.S.C. 290dd-3 and 290ee-3. | ||||||
24 | For purposes of this subsection (b) only, the following | ||||||
25 | terms shall have the meaning prescribed: | ||||||
26 | (1) (Blank). |
| |||||||
| |||||||
1 | (1.3) "Clear and present danger" has the meaning as | ||||||
2 | defined in Section 6-103.3 of the Mental Health and | ||||||
3 | Developmental Disabilities Code 1.1 of the Firearm Owners | ||||||
4 | Identification Card Act . | ||||||
5 | (1.5) "Person with a developmental disability" has the | ||||||
6 | meaning as defined in Section 6-103.3 of the Mental Health | ||||||
7 | and Developmental Disabilities Code 1.1 of the Firearm | ||||||
8 | Owners Identification Card Act . | ||||||
9 | (2) "Patient" means (A) a person who voluntarily | ||||||
10 | receives mental health treatment as an in-patient or | ||||||
11 | resident of any public or private mental health facility, | ||||||
12 | unless the treatment was solely for an alcohol abuse | ||||||
13 | disorder and no other secondary substance abuse disorder | ||||||
14 | or mental illness; or (B) a person who voluntarily | ||||||
15 | receives mental health treatment as an out-patient or is | ||||||
16 | provided services by a public or private mental health | ||||||
17 | facility, and who poses a clear and present danger to | ||||||
18 | himself, herself, or to others has the meaning as defined | ||||||
19 | in Section 1.1 of the Firearm Owners Identification Card | ||||||
20 | Act . | ||||||
21 | (3) "Mental health facility" means any licensed | ||||||
22 | private hospital or hospital affiliate, institution, or | ||||||
23 | facility, or part thereof, and any facility, or part | ||||||
24 | thereof, operated by the State or a political subdivision | ||||||
25 | thereof which provide treatment of persons with mental | ||||||
26 | illness and includes all hospitals, institutions, clinics, |
| |||||||
| |||||||
1 | evaluation facilities, mental health centers, colleges, | ||||||
2 | universities, long-term care facilities, and nursing | ||||||
3 | homes, or parts thereof, which provide treatment of | ||||||
4 | persons with mental illness whether or not the primary | ||||||
5 | purpose is to provide treatment of persons with mental | ||||||
6 | illness has the meaning as defined in Section 1.1 of the | ||||||
7 | Firearm Owners Identification Card Act . | ||||||
8 | (c) Upon the request of a peace officer who takes a person | ||||||
9 | into custody and transports such person to a mental health or | ||||||
10 | developmental disability facility pursuant to Section 3-606 or | ||||||
11 | 4-404 of the Mental Health and Developmental Disabilities Code | ||||||
12 | or who transports a person from such facility, a facility | ||||||
13 | director shall furnish said peace officer the name, address, | ||||||
14 | age and name of the nearest relative of the person transported | ||||||
15 | to or from the mental health or developmental disability | ||||||
16 | facility. In no case shall the facility director disclose to | ||||||
17 | the peace officer any information relating to the diagnosis, | ||||||
18 | treatment or evaluation of the person's mental or physical | ||||||
19 | health. | ||||||
20 | For the purposes of this subsection (c), the terms "mental | ||||||
21 | health or developmental disability facility", "peace officer" | ||||||
22 | and "facility director" shall have the meanings ascribed to | ||||||
23 | them in the Mental Health and Developmental Disabilities Code. | ||||||
24 | (d) Upon the request of a peace officer or prosecuting | ||||||
25 | authority who is conducting a bona fide investigation of a | ||||||
26 | criminal offense, or attempting to apprehend a fugitive from |
| |||||||
| |||||||
1 | justice, a facility director may disclose whether a person is | ||||||
2 | present at the facility. Upon request of a peace officer or | ||||||
3 | prosecuting authority who has a valid forcible felony warrant | ||||||
4 | issued, a facility director shall disclose: (1) whether the | ||||||
5 | person who is the subject of the warrant is present at the | ||||||
6 | facility and (2) the date of that person's discharge or future | ||||||
7 | discharge from the facility. The requesting peace officer or | ||||||
8 | prosecuting authority must furnish a case number and the | ||||||
9 | purpose of the investigation or an outstanding arrest warrant | ||||||
10 | at the time of the request. Any person, institution, or agency | ||||||
11 | participating in good faith in disclosing such information in | ||||||
12 | accordance with this subsection (d) is immune from any | ||||||
13 | liability, civil, criminal or otherwise, that might result by | ||||||
14 | reason of the action. | ||||||
15 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
16 | Section 200. The Illinois Domestic Violence Act of 1986 is | ||||||
17 | amended by changing Sections 210 and 214 as follows: | ||||||
18 | (750 ILCS 60/210) (from Ch. 40, par. 2312-10) | ||||||
19 | Sec. 210. Process. | ||||||
20 | (a) Summons. Any action for an order of protection, | ||||||
21 | whether commenced alone or in conjunction with another | ||||||
22 | proceeding, is a distinct cause of action and requires that a | ||||||
23 | separate summons be issued and served, except that in pending | ||||||
24 | cases the following methods may be used: |
| |||||||
| |||||||
1 | (1) By delivery of the summons to respondent | ||||||
2 | personally in open court in pending civil or criminal | ||||||
3 | cases. | ||||||
4 | (2) By notice in accordance with Section 210.1 in | ||||||
5 | civil cases in which the defendant has filed a general | ||||||
6 | appearance. | ||||||
7 | The summons shall be in the form prescribed by Supreme | ||||||
8 | Court Rule 101(d), except that it shall require respondent to | ||||||
9 | answer or appear within 7 days. Attachments to the summons or | ||||||
10 | notice shall include the petition for order of protection and | ||||||
11 | supporting affidavits, if any, and any emergency order of | ||||||
12 | protection that has been issued. The enforcement of an order | ||||||
13 | of protection under Section 223 shall not be affected by the | ||||||
14 | lack of service, delivery, or notice, provided the | ||||||
15 | requirements of subsection (d) of that Section are otherwise | ||||||
16 | met. | ||||||
17 | (b) Blank. | ||||||
18 | (c) Expedited service. The summons shall be served by the | ||||||
19 | sheriff or other law enforcement officer at the earliest time | ||||||
20 | and shall take precedence over other summonses except those of | ||||||
21 | a similar emergency nature. Special process servers may be | ||||||
22 | appointed at any time, and their designation shall not affect | ||||||
23 | the responsibilities and authority of the sheriff or other | ||||||
24 | official process servers. In counties with a population over | ||||||
25 | 3,000,000, a special process server may not be appointed if | ||||||
26 | the order of protection grants the surrender of a child, the |
| |||||||
| |||||||
1 | surrender of a firearm or firearm owners identification card , | ||||||
2 | or the exclusive possession of a shared residence. | ||||||
3 | (d) Remedies requiring actual notice. The counseling, | ||||||
4 | payment of support, payment of shelter services, and payment | ||||||
5 | of losses remedies provided by paragraphs 4, 12, 13, and 16 of | ||||||
6 | subsection (b) of Section 214 may be granted only if | ||||||
7 | respondent has been personally served with process, has | ||||||
8 | answered or has made a general appearance. | ||||||
9 | (e) Remedies upon constructive notice. Service of process | ||||||
10 | on a member of respondent's household or by publication shall | ||||||
11 | be adequate for the remedies provided by paragraphs 1, 2, 3, 5, | ||||||
12 | 6, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section | ||||||
13 | 214, but only if: (i) petitioner has made all reasonable | ||||||
14 | efforts to accomplish actual service of process personally | ||||||
15 | upon respondent, but respondent cannot be found to effect such | ||||||
16 | service and (ii) petitioner files an affidavit or presents | ||||||
17 | sworn testimony as to those efforts. | ||||||
18 | (f) Default. A plenary order of protection may be entered | ||||||
19 | by default as follows: | ||||||
20 | (1) For any of the remedies sought in the petition, if | ||||||
21 | respondent has been served or given notice in accordance | ||||||
22 | with subsection (a) and if respondent then fails to appear | ||||||
23 | as directed or fails to appear on any subsequent | ||||||
24 | appearance or hearing date agreed to by the parties or set | ||||||
25 | by the court; or | ||||||
26 | (2) For any of the remedies provided in accordance |
| |||||||
| |||||||
1 | with subsection (e), if respondent fails to answer or | ||||||
2 | appear in accordance with the date set in the publication | ||||||
3 | notice or the return date indicated on the service of a | ||||||
4 | household member. | ||||||
5 | (g) Emergency orders. If an order is granted under | ||||||
6 | subsection (c) of Section 217, the court shall immediately | ||||||
7 | file a certified copy of the order with the sheriff or other | ||||||
8 | law enforcement official charged with maintaining Department | ||||||
9 | of State Police records. | ||||||
10 | (Source: P.A. 101-508, eff. 1-1-20 .) | ||||||
11 | (750 ILCS 60/214) (from Ch. 40, par. 2312-14) | ||||||
12 | Sec. 214. Order of protection; remedies. | ||||||
13 | (a) Issuance of order. If the court finds that petitioner | ||||||
14 | has been abused by a family or household member or that | ||||||
15 | petitioner is a high-risk adult who has been abused, | ||||||
16 | neglected, or exploited, as defined in this Act, an order of | ||||||
17 | protection prohibiting the abuse, neglect, or exploitation | ||||||
18 | shall issue; provided that petitioner must also satisfy the | ||||||
19 | requirements of one of the following Sections, as appropriate: | ||||||
20 | Section 217 on emergency orders, Section 218 on interim | ||||||
21 | orders, or Section 219 on plenary orders. Petitioner shall not | ||||||
22 | be denied an order of protection because petitioner or | ||||||
23 | respondent is a minor. The court, when determining whether or | ||||||
24 | not to issue an order of protection, shall not require | ||||||
25 | physical manifestations of abuse on the person of the victim. |
| |||||||
| |||||||
1 | Modification and extension of prior orders of protection shall | ||||||
2 | be in accordance with this Act. | ||||||
3 | (b) Remedies and standards. The remedies to be included in | ||||||
4 | an order of protection shall be determined in accordance with | ||||||
5 | this Section and one of the following Sections, as | ||||||
6 | appropriate: Section 217 on emergency orders, Section 218 on | ||||||
7 | interim orders, and Section 219 on plenary orders. The | ||||||
8 | remedies listed in this subsection shall be in addition to | ||||||
9 | other civil or criminal remedies available to petitioner. | ||||||
10 | (1) Prohibition of abuse, neglect, or exploitation. | ||||||
11 | Prohibit respondent's harassment, interference with | ||||||
12 | personal liberty, intimidation of a dependent, physical | ||||||
13 | abuse, or willful deprivation, neglect or exploitation, as | ||||||
14 | defined in this Act, or stalking of the petitioner, as | ||||||
15 | defined in Section 12-7.3 of the Criminal Code of 2012, if | ||||||
16 | such abuse, neglect, exploitation, or stalking has | ||||||
17 | occurred or otherwise appears likely to occur if not | ||||||
18 | prohibited. | ||||||
19 | (2) Grant of exclusive possession of residence. | ||||||
20 | Prohibit respondent from entering or remaining in any | ||||||
21 | residence, household, or premises of the petitioner, | ||||||
22 | including one owned or leased by respondent, if petitioner | ||||||
23 | has a right to occupancy thereof. The grant of exclusive | ||||||
24 | possession of the residence, household, or premises shall | ||||||
25 | not affect title to real property, nor shall the court be | ||||||
26 | limited by the standard set forth in subsection (c-2) of |
| |||||||
| |||||||
1 | Section 501 of the Illinois Marriage and Dissolution of | ||||||
2 | Marriage Act. | ||||||
3 | (A) Right to occupancy. A party has a right to | ||||||
4 | occupancy of a residence or household if it is solely | ||||||
5 | or jointly owned or leased by that party, that party's | ||||||
6 | spouse, a person with a legal duty to support that | ||||||
7 | party or a minor child in that party's care, or by any | ||||||
8 | person or entity other than the opposing party that | ||||||
9 | authorizes that party's occupancy (e.g., a domestic | ||||||
10 | violence shelter). Standards set forth in subparagraph | ||||||
11 | (B) shall not preclude equitable relief. | ||||||
12 | (B) Presumption of hardships. If petitioner and | ||||||
13 | respondent each has the right to occupancy of a | ||||||
14 | residence or household, the court shall balance (i) | ||||||
15 | the hardships to respondent and any minor child or | ||||||
16 | dependent adult in respondent's care resulting from | ||||||
17 | entry of this remedy with (ii) the hardships to | ||||||
18 | petitioner and any minor child or dependent adult in | ||||||
19 | petitioner's care resulting from continued exposure to | ||||||
20 | the risk of abuse (should petitioner remain at the | ||||||
21 | residence or household) or from loss of possession of | ||||||
22 | the residence or household (should petitioner leave to | ||||||
23 | avoid the risk of abuse). When determining the balance | ||||||
24 | of hardships, the court shall also take into account | ||||||
25 | the accessibility of the residence or household. | ||||||
26 | Hardships need not be balanced if respondent does not |
| |||||||
| |||||||
1 | have a right to occupancy. | ||||||
2 | The balance of hardships is presumed to favor | ||||||
3 | possession by petitioner unless the presumption is | ||||||
4 | rebutted by a preponderance of the evidence, showing | ||||||
5 | that the hardships to respondent substantially | ||||||
6 | outweigh the hardships to petitioner and any minor | ||||||
7 | child or dependent adult in petitioner's care. The | ||||||
8 | court, on the request of petitioner or on its own | ||||||
9 | motion, may order respondent to provide suitable, | ||||||
10 | accessible, alternate housing for petitioner instead | ||||||
11 | of excluding respondent from a mutual residence or | ||||||
12 | household. | ||||||
13 | (3) Stay away order and additional prohibitions. Order | ||||||
14 | respondent to stay away from petitioner or any other | ||||||
15 | person protected by the order of protection, or prohibit | ||||||
16 | respondent from entering or remaining present at | ||||||
17 | petitioner's school, place of employment, or other | ||||||
18 | specified places at times when petitioner is present, or | ||||||
19 | both, if reasonable, given the balance of hardships. | ||||||
20 | Hardships need not be balanced for the court to enter a | ||||||
21 | stay away order or prohibit entry if respondent has no | ||||||
22 | right to enter the premises. | ||||||
23 | (A) If an order of protection grants petitioner | ||||||
24 | exclusive possession of the residence, or prohibits | ||||||
25 | respondent from entering the residence, or orders | ||||||
26 | respondent to stay away from petitioner or other |
| |||||||
| |||||||
1 | protected persons, then the court may allow respondent | ||||||
2 | access to the residence to remove items of clothing | ||||||
3 | and personal adornment used exclusively by respondent, | ||||||
4 | medications, and other items as the court directs. The | ||||||
5 | right to access shall be exercised on only one | ||||||
6 | occasion as the court directs and in the presence of an | ||||||
7 | agreed-upon adult third party or law enforcement | ||||||
8 | officer. | ||||||
9 | (B) When the petitioner and the respondent attend | ||||||
10 | the same public, private, or non-public elementary, | ||||||
11 | middle, or high school, the court when issuing an | ||||||
12 | order of protection and providing relief shall | ||||||
13 | consider the severity of the act, any continuing | ||||||
14 | physical danger or emotional distress to the | ||||||
15 | petitioner, the educational rights guaranteed to the | ||||||
16 | petitioner and respondent under federal and State law, | ||||||
17 | the availability of a transfer of the respondent to | ||||||
18 | another school, a change of placement or a change of | ||||||
19 | program of the respondent, the expense, difficulty, | ||||||
20 | and educational disruption that would be caused by a | ||||||
21 | transfer of the respondent to another school, and any | ||||||
22 | other relevant facts of the case. The court may order | ||||||
23 | that the respondent not attend the public, private, or | ||||||
24 | non-public elementary, middle, or high school attended | ||||||
25 | by the petitioner, order that the respondent accept a | ||||||
26 | change of placement or change of program, as |
| |||||||
| |||||||
1 | determined by the school district or private or | ||||||
2 | non-public school, or place restrictions on the | ||||||
3 | respondent's movements within the school attended by | ||||||
4 | the petitioner. The respondent bears the burden of | ||||||
5 | proving by a preponderance of the evidence that a | ||||||
6 | transfer, change of placement, or change of program of | ||||||
7 | the respondent is not available. The respondent also | ||||||
8 | bears the burden of production with respect to the | ||||||
9 | expense, difficulty, and educational disruption that | ||||||
10 | would be caused by a transfer of the respondent to | ||||||
11 | another school. A transfer, change of placement, or | ||||||
12 | change of program is not unavailable to the respondent | ||||||
13 | solely on the ground that the respondent does not | ||||||
14 | agree with the school district's or private or | ||||||
15 | non-public school's transfer, change of placement, or | ||||||
16 | change of program or solely on the ground that the | ||||||
17 | respondent fails or refuses to consent or otherwise | ||||||
18 | does not take an action required to effectuate a | ||||||
19 | transfer, change of placement, or change of program. | ||||||
20 | When a court orders a respondent to stay away from the | ||||||
21 | public, private, or non-public school attended by the | ||||||
22 | petitioner and the respondent requests a transfer to | ||||||
23 | another attendance center within the respondent's | ||||||
24 | school district or private or non-public school, the | ||||||
25 | school district or private or non-public school shall | ||||||
26 | have sole discretion to determine the attendance |
| |||||||
| |||||||
1 | center to which the respondent is transferred. In the | ||||||
2 | event the court order results in a transfer of the | ||||||
3 | minor respondent to another attendance center, a | ||||||
4 | change in the respondent's placement, or a change of | ||||||
5 | the respondent's program, the parents, guardian, or | ||||||
6 | legal custodian of the respondent is responsible for | ||||||
7 | transportation and other costs associated with the | ||||||
8 | transfer or change. | ||||||
9 | (C) The court may order the parents, guardian, or | ||||||
10 | legal custodian of a minor respondent to take certain | ||||||
11 | actions or to refrain from taking certain actions to | ||||||
12 | ensure that the respondent complies with the order. In | ||||||
13 | the event the court orders a transfer of the | ||||||
14 | respondent to another school, the parents, guardian, | ||||||
15 | or legal custodian of the respondent is responsible | ||||||
16 | for transportation and other costs associated with the | ||||||
17 | change of school by the respondent. | ||||||
18 | (4) Counseling. Require or recommend the respondent to | ||||||
19 | undergo counseling for a specified duration with a social | ||||||
20 | worker, psychologist, clinical psychologist, | ||||||
21 | psychiatrist, family service agency, alcohol or substance | ||||||
22 | abuse program, mental health center guidance counselor, | ||||||
23 | agency providing services to elders, program designed for | ||||||
24 | domestic violence abusers or any other guidance service | ||||||
25 | the court deems appropriate. The Court may order the | ||||||
26 | respondent in any intimate partner relationship to report |
| |||||||
| |||||||
1 | to an Illinois Department of Human Services protocol | ||||||
2 | approved partner abuse intervention program for an | ||||||
3 | assessment and to follow all recommended treatment. | ||||||
4 | (5) Physical care and possession of the minor child. | ||||||
5 | In order to protect the minor child from abuse, neglect, | ||||||
6 | or unwarranted separation from the person who has been the | ||||||
7 | minor child's primary caretaker, or to otherwise protect | ||||||
8 | the well-being of the minor child, the court may do either | ||||||
9 | or both of the following: (i) grant petitioner physical | ||||||
10 | care or possession of the minor child, or both, or (ii) | ||||||
11 | order respondent to return a minor child to, or not remove | ||||||
12 | a minor child from, the physical care of a parent or person | ||||||
13 | in loco parentis. | ||||||
14 | If a court finds, after a hearing, that respondent has | ||||||
15 | committed abuse (as defined in Section 103) of a minor | ||||||
16 | child, there shall be a rebuttable presumption that | ||||||
17 | awarding physical care to respondent would not be in the | ||||||
18 | minor child's best interest. | ||||||
19 | (6) Temporary allocation of parental responsibilities: | ||||||
20 | significant decision-making. Award temporary | ||||||
21 | decision-making responsibility to petitioner in accordance | ||||||
22 | with this Section, the Illinois Marriage and Dissolution | ||||||
23 | of Marriage Act, the Illinois Parentage Act of 2015, and | ||||||
24 | this State's Uniform Child-Custody Jurisdiction and | ||||||
25 | Enforcement Act. | ||||||
26 | If a court finds, after a hearing, that respondent has |
| |||||||
| |||||||
1 | committed abuse (as defined in Section 103) of a minor | ||||||
2 | child, there shall be a rebuttable presumption that | ||||||
3 | awarding temporary significant decision-making | ||||||
4 | responsibility to respondent would not be in the child's | ||||||
5 | best interest. | ||||||
6 | (7) Parenting time. Determine the parenting time, if | ||||||
7 | any, of respondent in any case in which the court awards | ||||||
8 | physical care or allocates temporary significant | ||||||
9 | decision-making responsibility of a minor child to | ||||||
10 | petitioner. The court shall restrict or deny respondent's | ||||||
11 | parenting time with a minor child if the court finds that | ||||||
12 | respondent has done or is likely to do any of the | ||||||
13 | following: (i) abuse or endanger the minor child during | ||||||
14 | parenting time; (ii) use the parenting time as an | ||||||
15 | opportunity to abuse or harass petitioner or petitioner's | ||||||
16 | family or household members; (iii) improperly conceal or | ||||||
17 | detain the minor child; or (iv) otherwise act in a manner | ||||||
18 | that is not in the best interests of the minor child. The | ||||||
19 | court shall not be limited by the standards set forth in | ||||||
20 | Section 603.10 of the Illinois Marriage and Dissolution of | ||||||
21 | Marriage Act. If the court grants parenting time, the | ||||||
22 | order shall specify dates and times for the parenting time | ||||||
23 | to take place or other specific parameters or conditions | ||||||
24 | that are appropriate. No order for parenting time shall | ||||||
25 | refer merely to the term "reasonable parenting time". | ||||||
26 | Petitioner may deny respondent access to the minor |
| |||||||
| |||||||
1 | child if, when respondent arrives for parenting time, | ||||||
2 | respondent is under the influence of drugs or alcohol and | ||||||
3 | constitutes a threat to the safety and well-being of | ||||||
4 | petitioner or petitioner's minor children or is behaving | ||||||
5 | in a violent or abusive manner. | ||||||
6 | If necessary to protect any member of petitioner's | ||||||
7 | family or household from future abuse, respondent shall be | ||||||
8 | prohibited from coming to petitioner's residence to meet | ||||||
9 | the minor child for parenting time, and the parties shall | ||||||
10 | submit to the court their recommendations for reasonable | ||||||
11 | alternative arrangements for parenting time. A person may | ||||||
12 | be approved to supervise parenting time only after filing | ||||||
13 | an affidavit accepting that responsibility and | ||||||
14 | acknowledging accountability to the court. | ||||||
15 | (8) Removal or concealment of minor child. Prohibit | ||||||
16 | respondent from removing a minor child from the State or | ||||||
17 | concealing the child within the State. | ||||||
18 | (9) Order to appear. Order the respondent to appear in | ||||||
19 | court, alone or with a minor child, to prevent abuse, | ||||||
20 | neglect, removal or concealment of the child, to return | ||||||
21 | the child to the custody or care of the petitioner or to | ||||||
22 | permit any court-ordered interview or examination of the | ||||||
23 | child or the respondent. | ||||||
24 | (10) Possession of personal property. Grant petitioner | ||||||
25 | exclusive possession of personal property and, if | ||||||
26 | respondent has possession or control, direct respondent to |
| |||||||
| |||||||
1 | promptly make it available to petitioner, if: | ||||||
2 | (i) petitioner, but not respondent, owns the | ||||||
3 | property; or | ||||||
4 | (ii) the parties own the property jointly; sharing | ||||||
5 | it would risk abuse of petitioner by respondent or is | ||||||
6 | impracticable; and the balance of hardships favors | ||||||
7 | temporary possession by petitioner. | ||||||
8 | If petitioner's sole claim to ownership of the | ||||||
9 | property is that it is marital property, the court may | ||||||
10 | award petitioner temporary possession thereof under the | ||||||
11 | standards of subparagraph (ii) of this paragraph only if a | ||||||
12 | proper proceeding has been filed under the Illinois | ||||||
13 | Marriage and Dissolution of Marriage Act, as now or | ||||||
14 | hereafter amended. | ||||||
15 | No order under this provision shall affect title to | ||||||
16 | property. | ||||||
17 | (11) Protection of property. Forbid the respondent | ||||||
18 | from taking, transferring, encumbering, concealing, | ||||||
19 | damaging or otherwise disposing of any real or personal | ||||||
20 | property, except as explicitly authorized by the court, | ||||||
21 | if: | ||||||
22 | (i) petitioner, but not respondent, owns the | ||||||
23 | property; or | ||||||
24 | (ii) the parties own the property jointly, and the | ||||||
25 | balance of hardships favors granting this remedy. | ||||||
26 | If petitioner's sole claim to ownership of the |
| |||||||
| |||||||
1 | property is that it is marital property, the court may | ||||||
2 | grant petitioner relief under subparagraph (ii) of this | ||||||
3 | paragraph only if a proper proceeding has been filed under | ||||||
4 | the Illinois Marriage and Dissolution of Marriage Act, as | ||||||
5 | now or hereafter amended. | ||||||
6 | The court may further prohibit respondent from | ||||||
7 | improperly using the financial or other resources of an | ||||||
8 | aged member of the family or household for the profit or | ||||||
9 | advantage of respondent or of any other person. | ||||||
10 | (11.5) Protection of animals. Grant the petitioner the | ||||||
11 | exclusive care, custody, or control of any animal owned, | ||||||
12 | possessed, leased, kept, or held by either the petitioner | ||||||
13 | or the respondent or a minor child residing in the | ||||||
14 | residence or household of either the petitioner or the | ||||||
15 | respondent and order the respondent to stay away from the | ||||||
16 | animal and forbid the respondent from taking, | ||||||
17 | transferring, encumbering, concealing, harming, or | ||||||
18 | otherwise disposing of the animal. | ||||||
19 | (12) Order for payment of support. Order respondent to | ||||||
20 | pay temporary support for the petitioner or any child in | ||||||
21 | the petitioner's care or over whom the petitioner has been | ||||||
22 | allocated parental responsibility, when the respondent has | ||||||
23 | a legal obligation to support that person, in accordance | ||||||
24 | with the Illinois Marriage and Dissolution of Marriage | ||||||
25 | Act, which shall govern, among other matters, the amount | ||||||
26 | of support, payment through the clerk and withholding of |
| |||||||
| |||||||
1 | income to secure payment. An order for child support may | ||||||
2 | be granted to a petitioner with lawful physical care of a | ||||||
3 | child, or an order or agreement for physical care of a | ||||||
4 | child, prior to entry of an order allocating significant | ||||||
5 | decision-making responsibility. Such a support order shall | ||||||
6 | expire upon entry of a valid order allocating parental | ||||||
7 | responsibility differently and vacating the petitioner's | ||||||
8 | significant decision-making authority, unless otherwise | ||||||
9 | provided in the order. | ||||||
10 | (13) Order for payment of losses. Order respondent to | ||||||
11 | pay petitioner for losses suffered as a direct result of | ||||||
12 | the abuse, neglect, or exploitation. Such losses shall | ||||||
13 | include, but not be limited to, medical expenses, lost | ||||||
14 | earnings or other support, repair or replacement of | ||||||
15 | property damaged or taken, reasonable attorney's fees, | ||||||
16 | court costs and moving or other travel expenses, including | ||||||
17 | additional reasonable expenses for temporary shelter and | ||||||
18 | restaurant meals. | ||||||
19 | (i) Losses affecting family needs. If a party is | ||||||
20 | entitled to seek maintenance, child support or | ||||||
21 | property distribution from the other party under the | ||||||
22 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
23 | now or hereafter amended, the court may order | ||||||
24 | respondent to reimburse petitioner's actual losses, to | ||||||
25 | the extent that such reimbursement would be | ||||||
26 | "appropriate temporary relief", as authorized by |
| |||||||
| |||||||
1 | subsection (a)(3) of Section 501 of that Act. | ||||||
2 | (ii) Recovery of expenses. In the case of an | ||||||
3 | improper concealment or removal of a minor child, the | ||||||
4 | court may order respondent to pay the reasonable | ||||||
5 | expenses incurred or to be incurred in the search for | ||||||
6 | and recovery of the minor child, including but not | ||||||
7 | limited to legal fees, court costs, private | ||||||
8 | investigator fees, and travel costs. | ||||||
9 | (14) Prohibition of entry. Prohibit the respondent | ||||||
10 | from entering or remaining in the residence or household | ||||||
11 | while the respondent is under the influence of alcohol or | ||||||
12 | drugs and constitutes a threat to the safety and | ||||||
13 | well-being of the petitioner or the petitioner's children. | ||||||
14 | (14.5) Prohibition of firearm possession. | ||||||
15 | (a) Prohibit a respondent against whom an order of | ||||||
16 | protection was issued from possessing any firearms | ||||||
17 | during the duration of the order if the order: | ||||||
18 | (1) was issued after a hearing of which such | ||||||
19 | person received actual notice, and at which such | ||||||
20 | person had an opportunity to participate; | ||||||
21 | (2) restrains such person from harassing, | ||||||
22 | stalking, or threatening an intimate partner of | ||||||
23 | such person or child of such intimate partner or | ||||||
24 | person, or engaging in other conduct that would | ||||||
25 | place an intimate partner in reasonable fear of | ||||||
26 | bodily injury to the partner or child; and |
| |||||||
| |||||||
1 | (3)(i) includes a finding that such person | ||||||
2 | represents a credible threat to the physical | ||||||
3 | safety of such intimate partner or child; or (ii) | ||||||
4 | by its terms explicitly prohibits the use, | ||||||
5 | attempted use, or threatened use of physical force | ||||||
6 | against such intimate partner or child that would | ||||||
7 | reasonably be expected to cause bodily injury. | ||||||
8 | Any Firearm Owner's Identification Card in the | ||||||
9 | possession of the respondent, except as provided in | ||||||
10 | subsection (b), shall be ordered by the court to be | ||||||
11 | turned over to the local law enforcement agency. The | ||||||
12 | local law enforcement agency shall immediately mail | ||||||
13 | the card to the Illinois State Police Firearm Owner's | ||||||
14 | Identification Card Office for safekeeping. The court | ||||||
15 | shall issue a warrant for seizure of any firearm in the | ||||||
16 | possession of the respondent, to be kept by the local | ||||||
17 | law enforcement agency for safekeeping, except as | ||||||
18 | provided in subsection (b). The period of safekeeping | ||||||
19 | shall be for the duration of the order of protection. | ||||||
20 | The firearm or firearms and Firearm Owner's | ||||||
21 | Identification Card, if unexpired, shall at the | ||||||
22 | respondent's request, be returned to the respondent at | ||||||
23 | the end of the order of protection. It is the | ||||||
24 | respondent's responsibility to notify the Illinois | ||||||
25 | State Police Firearm Owner's Identification Card | ||||||
26 | Office . |
| |||||||
| |||||||
1 | (b) If the respondent is a peace officer as | ||||||
2 | defined in Section 2-13 of the Criminal Code of 2012, | ||||||
3 | the court shall order that any firearms used by the | ||||||
4 | respondent in the performance of his or her duties as a | ||||||
5 | peace officer be surrendered to the chief law | ||||||
6 | enforcement executive of the agency in which the | ||||||
7 | respondent is employed, who shall retain the firearms | ||||||
8 | for safekeeping for the duration of the order of | ||||||
9 | protection. | ||||||
10 | (c) Upon expiration of the period of safekeeping, | ||||||
11 | if the firearms or Firearm Owner's Identification Card | ||||||
12 | cannot be returned to respondent because respondent | ||||||
13 | cannot be located, fails to respond to requests to | ||||||
14 | retrieve the firearms, or is not lawfully eligible to | ||||||
15 | possess a firearm, upon petition from the local law | ||||||
16 | enforcement agency, the court may order the local law | ||||||
17 | enforcement agency to destroy the firearms, use the | ||||||
18 | firearms for training purposes, or for any other | ||||||
19 | application as deemed appropriate by the local law | ||||||
20 | enforcement agency; or that the firearms be turned | ||||||
21 | over to a third party who is lawfully eligible to | ||||||
22 | possess firearms, and who does not reside with | ||||||
23 | respondent. | ||||||
24 | (15) Prohibition of access to records. If an order of | ||||||
25 | protection prohibits respondent from having contact with | ||||||
26 | the minor child, or if petitioner's address is omitted |
| |||||||
| |||||||
1 | under subsection (b) of Section 203, or if necessary to | ||||||
2 | prevent abuse or wrongful removal or concealment of a | ||||||
3 | minor child, the order shall deny respondent access to, | ||||||
4 | and prohibit respondent from inspecting, obtaining, or | ||||||
5 | attempting to inspect or obtain, school or any other | ||||||
6 | records of the minor child who is in the care of | ||||||
7 | petitioner. | ||||||
8 | (16) Order for payment of shelter services. Order | ||||||
9 | respondent to reimburse a shelter providing temporary | ||||||
10 | housing and counseling services to the petitioner for the | ||||||
11 | cost of the services, as certified by the shelter and | ||||||
12 | deemed reasonable by the court. | ||||||
13 | (17) Order for injunctive relief. Enter injunctive | ||||||
14 | relief necessary or appropriate to prevent further abuse | ||||||
15 | of a family or household member or further abuse, neglect, | ||||||
16 | or exploitation of a high-risk adult with disabilities or | ||||||
17 | to effectuate one of the granted remedies, if supported by | ||||||
18 | the balance of hardships. If the harm to be prevented by | ||||||
19 | the injunction is abuse or any other harm that one of the | ||||||
20 | remedies listed in paragraphs (1) through (16) of this | ||||||
21 | subsection is designed to prevent, no further evidence is | ||||||
22 | necessary that the harm is an irreparable injury. | ||||||
23 | (18) Telephone services. | ||||||
24 | (A) Unless a condition described in subparagraph | ||||||
25 | (B) of this paragraph exists, the court may, upon | ||||||
26 | request by the petitioner, order a wireless telephone |
| |||||||
| |||||||
1 | service provider to transfer to the petitioner the | ||||||
2 | right to continue to use a telephone number or numbers | ||||||
3 | indicated by the petitioner and the financial | ||||||
4 | responsibility associated with the number or numbers, | ||||||
5 | as set forth in subparagraph (C) of this paragraph. | ||||||
6 | For purposes of this paragraph (18), the term | ||||||
7 | "wireless telephone service provider" means a provider | ||||||
8 | of commercial mobile service as defined in 47 U.S.C. | ||||||
9 | 332. The petitioner may request the transfer of each | ||||||
10 | telephone number that the petitioner, or a minor child | ||||||
11 | in his or her custody, uses. The clerk of the court | ||||||
12 | shall serve the order on the wireless telephone | ||||||
13 | service provider's agent for service of process | ||||||
14 | provided to the Illinois Commerce Commission. The | ||||||
15 | order shall contain all of the following: | ||||||
16 | (i) The name and billing telephone number of | ||||||
17 | the account holder including the name of the | ||||||
18 | wireless telephone service provider that serves | ||||||
19 | the account. | ||||||
20 | (ii) Each telephone number that will be | ||||||
21 | transferred. | ||||||
22 | (iii) A statement that the provider transfers | ||||||
23 | to the petitioner all financial responsibility for | ||||||
24 | and right to the use of any telephone number | ||||||
25 | transferred under this paragraph. | ||||||
26 | (B) A wireless telephone service provider shall |
| |||||||
| |||||||
1 | terminate the respondent's use of, and shall transfer | ||||||
2 | to the petitioner use of, the telephone number or | ||||||
3 | numbers indicated in subparagraph (A) of this | ||||||
4 | paragraph unless it notifies the petitioner, within 72 | ||||||
5 | hours after it receives the order, that one of the | ||||||
6 | following applies: | ||||||
7 | (i) The account holder named in the order has | ||||||
8 | terminated the account. | ||||||
9 | (ii) A difference in network technology would | ||||||
10 | prevent or impair the functionality of a device on | ||||||
11 | a network if the transfer occurs. | ||||||
12 | (iii) The transfer would cause a geographic or | ||||||
13 | other limitation on network or service provision | ||||||
14 | to the petitioner. | ||||||
15 | (iv) Another technological or operational | ||||||
16 | issue would prevent or impair the use of the | ||||||
17 | telephone number if the transfer occurs. | ||||||
18 | (C) The petitioner assumes all financial | ||||||
19 | responsibility for and right to the use of any | ||||||
20 | telephone number transferred under this paragraph. In | ||||||
21 | this paragraph, "financial responsibility" includes | ||||||
22 | monthly service costs and costs associated with any | ||||||
23 | mobile device associated with the number. | ||||||
24 | (D) A wireless telephone service provider may | ||||||
25 | apply to the petitioner its routine and customary | ||||||
26 | requirements for establishing an account or |
| |||||||
| |||||||
1 | transferring a number, including requiring the | ||||||
2 | petitioner to provide proof of identification, | ||||||
3 | financial information, and customer preferences. | ||||||
4 | (E) Except for willful or wanton misconduct, a | ||||||
5 | wireless telephone service provider is immune from | ||||||
6 | civil liability for its actions taken in compliance | ||||||
7 | with a court order issued under this paragraph. | ||||||
8 | (F) All wireless service providers that provide | ||||||
9 | services to residential customers shall provide to the | ||||||
10 | Illinois Commerce Commission the name and address of | ||||||
11 | an agent for service of orders entered under this | ||||||
12 | paragraph (18). Any change in status of the registered | ||||||
13 | agent must be reported to the Illinois Commerce | ||||||
14 | Commission within 30 days of such change. | ||||||
15 | (G) The Illinois Commerce Commission shall | ||||||
16 | maintain the list of registered agents for service for | ||||||
17 | each wireless telephone service provider on the | ||||||
18 | Commission's website. The Commission may consult with | ||||||
19 | wireless telephone service providers and the Circuit | ||||||
20 | Court Clerks on the manner in which this information | ||||||
21 | is provided and displayed. | ||||||
22 | (c) Relevant factors; findings. | ||||||
23 | (1) In determining whether to grant a specific remedy, | ||||||
24 | other than payment of support, the court shall consider | ||||||
25 | relevant factors, including but not limited to the | ||||||
26 | following: |
| |||||||
| |||||||
1 | (i) the nature, frequency, severity, pattern and | ||||||
2 | consequences of the respondent's past abuse, neglect | ||||||
3 | or exploitation of the petitioner or any family or | ||||||
4 | household member, including the concealment of his or | ||||||
5 | her location in order to evade service of process or | ||||||
6 | notice, and the likelihood of danger of future abuse, | ||||||
7 | neglect, or exploitation to petitioner or any member | ||||||
8 | of petitioner's or respondent's family or household; | ||||||
9 | and | ||||||
10 | (ii) the danger that any minor child will be | ||||||
11 | abused or neglected or improperly relocated from the | ||||||
12 | jurisdiction, improperly concealed within the State or | ||||||
13 | improperly separated from the child's primary | ||||||
14 | caretaker. | ||||||
15 | (2) In comparing relative hardships resulting to the | ||||||
16 | parties from loss of possession of the family home, the | ||||||
17 | court shall consider relevant factors, including but not | ||||||
18 | limited to the following: | ||||||
19 | (i) availability, accessibility, cost, safety, | ||||||
20 | adequacy, location and other characteristics of | ||||||
21 | alternate housing for each party and any minor child | ||||||
22 | or dependent adult in the party's care; | ||||||
23 | (ii) the effect on the party's employment; and | ||||||
24 | (iii) the effect on the relationship of the party, | ||||||
25 | and any minor child or dependent adult in the party's | ||||||
26 | care, to family, school, church and community. |
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1 | (3) Subject to the exceptions set forth in paragraph | ||||||
2 | (4) of this subsection, the court shall make its findings | ||||||
3 | in an official record or in writing, and shall at a minimum | ||||||
4 | set forth the following: | ||||||
5 | (i) That the court has considered the applicable | ||||||
6 | relevant factors described in paragraphs (1) and (2) | ||||||
7 | of this subsection. | ||||||
8 | (ii) Whether the conduct or actions of respondent, | ||||||
9 | unless prohibited, will likely cause irreparable harm | ||||||
10 | or continued abuse. | ||||||
11 | (iii) Whether it is necessary to grant the | ||||||
12 | requested relief in order to protect petitioner or | ||||||
13 | other alleged abused persons. | ||||||
14 | (4) For purposes of issuing an ex parte emergency | ||||||
15 | order of protection, the court, as an alternative to or as | ||||||
16 | a supplement to making the findings described in | ||||||
17 | paragraphs (c)(3)(i) through (c)(3)(iii) of this | ||||||
18 | subsection, may use the following procedure: | ||||||
19 | When a verified petition for an emergency order of | ||||||
20 | protection in accordance with the requirements of Sections | ||||||
21 | 203 and 217 is presented to the court, the court shall | ||||||
22 | examine petitioner on oath or affirmation. An emergency | ||||||
23 | order of protection shall be issued by the court if it | ||||||
24 | appears from the contents of the petition and the | ||||||
25 | examination of petitioner that the averments are | ||||||
26 | sufficient to indicate abuse by respondent and to support |
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1 | the granting of relief under the issuance of the emergency | ||||||
2 | order of protection. | ||||||
3 | (5) Never married parties. No rights or | ||||||
4 | responsibilities for a minor child born outside of | ||||||
5 | marriage attach to a putative father until a father and | ||||||
6 | child relationship has been established under the Illinois | ||||||
7 | Parentage Act of 1984, the Illinois Parentage Act of 2015, | ||||||
8 | the Illinois Public Aid Code, Section 12 of the Vital | ||||||
9 | Records Act, the Juvenile Court Act of 1987, the Probate | ||||||
10 | Act of 1975, the Revised Uniform Reciprocal Enforcement of | ||||||
11 | Support Act, the Uniform Interstate Family Support Act, | ||||||
12 | the Expedited Child Support Act of 1990, any judicial, | ||||||
13 | administrative, or other act of another state or | ||||||
14 | territory, any other Illinois statute, or by any foreign | ||||||
15 | nation establishing the father and child relationship, any | ||||||
16 | other proceeding substantially in conformity with the | ||||||
17 | Personal Responsibility and Work Opportunity | ||||||
18 | Reconciliation Act of 1996 (Pub. L. 104-193), or where | ||||||
19 | both parties appeared in open court or at an | ||||||
20 | administrative hearing acknowledging under oath or | ||||||
21 | admitting by affirmation the existence of a father and | ||||||
22 | child relationship. Absent such an adjudication, finding, | ||||||
23 | or acknowledgment, no putative father shall be granted | ||||||
24 | temporary allocation of parental responsibilities, | ||||||
25 | including parenting time with the minor child, or physical | ||||||
26 | care and possession of the minor child, nor shall an order |
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1 | of payment for support of the minor child be entered. | ||||||
2 | (d) Balance of hardships; findings. If the court finds | ||||||
3 | that the balance of hardships does not support the granting of | ||||||
4 | a remedy governed by paragraph (2), (3), (10), (11), or (16) of | ||||||
5 | subsection (b) of this Section, which may require such | ||||||
6 | balancing, the court's findings shall so indicate and shall | ||||||
7 | include a finding as to whether granting the remedy will | ||||||
8 | result in hardship to respondent that would substantially | ||||||
9 | outweigh the hardship to petitioner from denial of the remedy. | ||||||
10 | The findings shall be an official record or in writing. | ||||||
11 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
12 | based, in whole or in part, on evidence that: | ||||||
13 | (1) Respondent has cause for any use of force, unless | ||||||
14 | that cause satisfies the standards for justifiable use of | ||||||
15 | force provided by Article 7 of the Criminal Code of 2012; | ||||||
16 | (2) Respondent was voluntarily intoxicated; | ||||||
17 | (3) Petitioner acted in self-defense or defense of | ||||||
18 | another, provided that, if petitioner utilized force, such | ||||||
19 | force was justifiable under Article 7 of the Criminal Code | ||||||
20 | of 2012; | ||||||
21 | (4) Petitioner did not act in self-defense or defense | ||||||
22 | of another; | ||||||
23 | (5) Petitioner left the residence or household to | ||||||
24 | avoid further abuse, neglect, or exploitation by | ||||||
25 | respondent; | ||||||
26 | (6) Petitioner did not leave the residence or |
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1 | household to avoid further abuse, neglect, or exploitation | ||||||
2 | by respondent; | ||||||
3 | (7) Conduct by any family or household member excused | ||||||
4 | the abuse, neglect, or exploitation by respondent, unless | ||||||
5 | that same conduct would have excused such abuse, neglect, | ||||||
6 | or exploitation if the parties had not been family or | ||||||
7 | household members. | ||||||
8 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
9 | Section 205. The Revised Uniform Unclaimed Property Act is | ||||||
10 | amended by changing Section 15-705 as follows: | ||||||
11 | (765 ILCS 1026/15-705) | ||||||
12 | Sec. 15-705. Exceptions to the sale of tangible property. | ||||||
13 | The administrator shall dispose of tangible property | ||||||
14 | identified by this Section in accordance with this Section. | ||||||
15 | (a) Military medals or decorations. The administrator may | ||||||
16 | not sell a medal or decoration awarded for military service in | ||||||
17 | the armed forces of the United States. Instead, the | ||||||
18 | administrator, with the consent of the respective organization | ||||||
19 | under paragraph (1), agency under paragraph (2), or entity | ||||||
20 | under paragraph (3), may deliver a medal or decoration to be | ||||||
21 | held in custody for the owner, to: | ||||||
22 | (1) a military veterans organization qualified under | ||||||
23 | Section 501(c)(19) of the Internal Revenue Code; | ||||||
24 | (2) the agency that awarded the medal or decoration; |
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1 | or | ||||||
2 | (3) a governmental entity. | ||||||
3 | After delivery, the administrator is not responsible for | ||||||
4 | the safekeeping of the medal or decoration. | ||||||
5 | (b) Property with historical value. Property that the | ||||||
6 | administrator reasonably believes may have historical value | ||||||
7 | may be, at his or her discretion, loaned to an accredited | ||||||
8 | museum in the United States where it will be kept until such | ||||||
9 | time as the administrator orders it to be returned to his or | ||||||
10 | her custody. | ||||||
11 | (c) Human remains. If human remains are delivered to the | ||||||
12 | administrator under this Act, the administrator shall deliver | ||||||
13 | those human remains to the coroner of the county in which the | ||||||
14 | human remains were abandoned for disposition under Section | ||||||
15 | 3-3034 of the Counties Code. The only human remains that may be | ||||||
16 | delivered to the administrator under this Act and that the | ||||||
17 | administrator may receive are those that are reported and | ||||||
18 | delivered as contents of a safe deposit box. | ||||||
19 | (d) Evidence in a criminal investigation. Property that | ||||||
20 | may have been used in the commission of a crime or that may | ||||||
21 | assist in the investigation of a crime, as determined after | ||||||
22 | consulting with the Illinois State Police, shall be delivered | ||||||
23 | to the Illinois State Police or other appropriate law | ||||||
24 | enforcement authority to allow law enforcement to determine | ||||||
25 | whether a criminal investigation should take place. Any such | ||||||
26 | property delivered to a law enforcement authority shall be |
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1 | held in accordance with existing statutes and rules related to | ||||||
2 | the gathering, retention, and release of evidence. | ||||||
3 | (e) Firearms. | ||||||
4 | (1) The administrator, in cooperation with the | ||||||
5 | Illinois State Police, shall develop a procedure to | ||||||
6 | determine whether a firearm delivered to the administrator | ||||||
7 | under this Act has been stolen or used in the commission of | ||||||
8 | a crime. The Illinois State Police shall determine the | ||||||
9 | appropriate disposition of a firearm that has been stolen | ||||||
10 | or used in the commission of a crime. The administrator | ||||||
11 | shall attempt to return a firearm that has not been stolen | ||||||
12 | or used in the commission of a crime to the rightful owner | ||||||
13 | if the Illinois State Police determines that the owner may | ||||||
14 | lawfully possess the firearm. | ||||||
15 | (2) If the administrator is unable to return a firearm | ||||||
16 | to its owner, the administrator shall transfer custody of | ||||||
17 | the firearm to the Illinois State Police. Legal title to a | ||||||
18 | firearm transferred to the Illinois State Police under | ||||||
19 | this subsection (e) is vested in the Illinois State Police | ||||||
20 | by operation of law if: | ||||||
21 | (i) the administrator cannot locate the owner of | ||||||
22 | the firearm; | ||||||
23 | (ii) the owner of the firearm may not lawfully | ||||||
24 | possess the firearm; | ||||||
25 | (iii) the apparent owner does not respond to | ||||||
26 | notice published under Section 15-503 of this Act; or |
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1 | (iv) the apparent owner responds to notice | ||||||
2 | published under Section 15-502 and states that he or | ||||||
3 | she no longer claims an interest in the firearm. | ||||||
4 | (3) With respect to a firearm whose title is | ||||||
5 | transferred to the Illinois State Police under this | ||||||
6 | subsection (e), the Illinois State Police may: | ||||||
7 | (i) retain the firearm for use by the crime | ||||||
8 | laboratory system, for training purposes, or for any | ||||||
9 | other application as deemed appropriate by the | ||||||
10 | Department; | ||||||
11 | (ii) transfer the firearm to the Illinois State | ||||||
12 | Museum if the firearm has historical value; or | ||||||
13 | (iii) destroy the firearm if it is not retained | ||||||
14 | pursuant to subparagraph (i) or transferred pursuant | ||||||
15 | to subparagraph (ii). | ||||||
16 | As used in this subsection, "firearm" has the meaning | ||||||
17 | provided in Section 2-7.5 of the Criminal Code of 2012 the | ||||||
18 | Firearm Owners Identification Card Act . | ||||||
19 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
20 | Section 995. No acceleration or delay. Where this Act | ||||||
21 | makes changes in a statute that is represented in this Act by | ||||||
22 | text that is not yet or no longer in effect (for example, a | ||||||
23 | Section represented by multiple versions), the use of that | ||||||
24 | text does not accelerate or delay the taking effect of (i) the | ||||||
25 | changes made by this Act or (ii) provisions derived from any |
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1 | other Public Act. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | Section 999. Effective date. This Act takes effect upon | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | becoming law. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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