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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0427
Introduced 1/26/2007, by Rep. Joseph M. Lyons SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/24-2 |
from Ch. 38, par. 24-2 |
730 ILCS 5/3-14-1.5 new |
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Amends the Criminal Code of 1961 and the Unified Code of Corrections. Provides that the prohibitions on carrying concealed firearms or firearms in a vehicle and carrying firearms on a public way do not apply to parole agents and parole supervisors who meet certain qualifications and conditions.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0427 |
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LRB095 04145 RLC 24183 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing |
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| Section 24-2 as follows:
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| (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
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| Sec. 24-2. Exemptions.
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| (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and |
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| Section
24-1.6 do not apply to
or affect any of the following:
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| (1) Peace officers, and any person summoned by a peace |
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| officer to
assist in making arrests or preserving the |
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| peace, while actually engaged in
assisting such officer.
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| (2) Wardens, superintendents and keepers of prisons,
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| penitentiaries, jails and other institutions for the |
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| detention of persons
accused or convicted of an offense, |
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| while in the performance of their
official duty, or while |
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| commuting between their homes and places of employment.
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| (3) Members of the Armed Services or Reserve Forces of |
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| the United States
or the Illinois National Guard or the |
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| Reserve Officers Training Corps,
while in the performance |
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| of their official duty.
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| (4) Special agents employed by a railroad or a public |
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| utility to
perform police functions, and guards of armored |
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HB0427 |
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LRB095 04145 RLC 24183 b |
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| car companies, while
actually engaged in the performance of |
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| the duties of their employment or
commuting between their |
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| homes and places of employment; and watchmen
while actually |
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| engaged in the performance of the duties of their |
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| employment.
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| (5) Persons licensed as private security contractors, |
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| private
detectives, or private alarm contractors, or |
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| employed by an agency
certified by the Department of |
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| Professional Regulation, if their duties
include the |
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| carrying of a weapon under the provisions of the Private
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| Detective, Private Alarm,
Private Security, and Locksmith |
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| Act of 2004,
while actually
engaged in the performance of |
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| the duties of their employment or commuting
between their |
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| homes and places of employment, provided that such |
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| commuting
is accomplished within one hour from departure |
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| from home or place of
employment, as the case may be. |
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| Persons exempted under this subdivision
(a)(5) shall be |
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| required to have completed a course of
study in firearms |
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| handling and training approved and supervised by the
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| Department of Professional Regulation as prescribed by |
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| Section 28 of the
Private Detective, Private Alarm,
Private |
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| Security, and Locksmith Act of 2004, prior
to becoming |
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| eligible for this exemption. The Department of |
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| Professional
Regulation shall provide suitable |
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| documentation demonstrating the
successful completion of |
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| the prescribed firearms training. Such
documentation shall |
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LRB095 04145 RLC 24183 b |
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| be carried at all times when such persons are in
possession |
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| of a concealable weapon.
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| (6) Any person regularly employed in a commercial or |
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| industrial
operation as a security guard for the protection |
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| of persons employed
and private property related to such |
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| commercial or industrial
operation, while actually engaged |
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| in the performance of his or her
duty or traveling between |
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| sites or properties belonging to the
employer, and who, as |
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| a security guard, is a member of a security force of
at |
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| least 5 persons registered with the Department of |
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| Professional
Regulation; provided that such security guard |
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| has successfully completed a
course of study, approved by |
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| and supervised by the Department of
Professional |
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| Regulation, consisting of not less than 40 hours of |
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| training
that includes the theory of law enforcement, |
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| liability for acts, and the
handling of weapons. A person |
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| shall be considered eligible for this
exemption if he or |
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| she has completed the required 20
hours of training for a |
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| security officer and 20 hours of required firearm
training, |
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| and has been issued a firearm authorization card by
the |
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| Department of Professional Regulation. Conditions for the |
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| renewal of
firearm authorization cards issued under the |
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| provisions of this Section
shall be the same as for those |
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| cards issued under the provisions of the
Private Detective, |
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| Private Alarm,
Private Security, and Locksmith Act of 2004. |
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| Such
firearm authorization card shall be carried by the |
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LRB095 04145 RLC 24183 b |
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| security guard at all
times when he or she is in possession |
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| of a concealable weapon.
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| (7) Agents and investigators of the Illinois |
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| Legislative Investigating
Commission authorized by the |
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| Commission to carry the weapons specified in
subsections |
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| 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
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| any investigation for the Commission.
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| (8) Persons employed by a financial institution for the |
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| protection of
other employees and property related to such |
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| financial institution, while
actually engaged in the |
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| performance of their duties, commuting between
their homes |
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| and places of employment, or traveling between sites or
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| properties owned or operated by such financial |
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| institution, provided that
any person so employed has |
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| successfully completed a course of study,
approved by and |
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| supervised by the Department of Professional Regulation,
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| consisting of not less than 40 hours of training which |
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| includes theory of
law enforcement, liability for acts, and |
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| the handling of weapons.
A person shall be considered to be |
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| eligible for this exemption if he or
she has completed the |
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| required 20 hours of training for a security officer
and 20 |
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| hours of required firearm training, and has been issued a
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| firearm authorization card by the Department of |
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| Professional Regulation.
Conditions for renewal of firearm |
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| authorization cards issued under the
provisions of this |
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| Section shall be the same as for those issued under the
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LRB095 04145 RLC 24183 b |
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| provisions of the Private Detective, Private Alarm,
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| Private Security, and Locksmith Act of 2004.
Such firearm |
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| authorization card shall be carried by the person so
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| trained at all times when such person is in possession of a |
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| concealable
weapon. For purposes of this subsection, |
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| "financial institution" means a
bank, savings and loan |
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| association, credit union or company providing
armored car |
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| services.
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| (9) Any person employed by an armored car company to |
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| drive an armored
car, while actually engaged in the |
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| performance of his duties.
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| (10) Persons who have been classified as peace officers |
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| pursuant
to the Peace Officer Fire Investigation Act.
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| (11) Investigators of the Office of the State's |
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| Attorneys Appellate
Prosecutor authorized by the board of |
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| governors of the Office of the
State's Attorneys Appellate |
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| Prosecutor to carry weapons pursuant to
Section 7.06 of the |
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| State's Attorneys Appellate Prosecutor's Act.
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| (12) Special investigators appointed by a State's |
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| Attorney under
Section 3-9005 of the Counties Code.
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| (12.5) Probation officers while in the performance of |
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| their duties, or
while commuting between their homes, |
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| places of employment or specific locations
that are part of |
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| their assigned duties, with the consent of the chief judge |
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| of
the circuit for which they are employed.
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| (13) Court Security Officers while in the performance |
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LRB095 04145 RLC 24183 b |
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| of their official
duties, or while commuting between their |
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| homes and places of employment, with
the
consent of the |
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| Sheriff.
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| (13.5) A person employed as an armed security guard at |
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| a nuclear energy,
storage, weapons or development site or |
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| facility regulated by the Nuclear
Regulatory Commission |
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| who has completed the background screening and training
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| mandated by the rules and regulations of the Nuclear |
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| Regulatory Commission.
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| (14) Manufacture, transportation, or sale of weapons |
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| to
persons
authorized under subdivisions (1) through |
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| (13.5) of this
subsection
to
possess those weapons.
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| (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section |
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| 24-1.6 do not
apply to or affect
any of the following:
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| (1) Members of any club or organization organized for |
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| the purpose of
practicing shooting at targets upon |
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| established target ranges, whether
public or private, and |
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| patrons of such ranges, while such members
or patrons are |
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| using their firearms on those target ranges.
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| (2) Duly authorized military or civil organizations |
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| while parading,
with the special permission of the |
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| Governor.
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| (3) Hunters, trappers or fishermen with a license or
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| permit while engaged in hunting,
trapping or fishing.
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| (4) Transportation of weapons that are broken down in a
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| non-functioning state or are not immediately accessible.
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HB0427 |
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LRB095 04145 RLC 24183 b |
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| (c) Subsection 24-1(a)(7) does not apply to or affect any |
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| of the
following:
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| (1) Peace officers while in performance of their |
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| official duties.
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| (2) Wardens, superintendents and keepers of prisons, |
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| penitentiaries,
jails and other institutions for the |
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| detention of persons accused or
convicted of an offense.
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| (3) Members of the Armed Services or Reserve Forces of |
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| the United States
or the Illinois National Guard, while in |
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| the performance of their official
duty.
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| (4) Manufacture, transportation, or sale of machine |
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| guns to persons
authorized under subdivisions (1) through |
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| (3) of this subsection to
possess machine guns, if the |
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| machine guns are broken down in a
non-functioning state or |
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| are not immediately accessible.
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| (5) Persons licensed under federal law to manufacture |
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| any weapon from
which 8 or more shots or bullets can be |
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| discharged by a
single function of the firing device, or |
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| ammunition for such weapons, and
actually engaged in the |
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| business of manufacturing such weapons or
ammunition, but |
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| only with respect to activities which are within the lawful
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| scope of such business, such as the manufacture, |
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| transportation, or testing
of such weapons or ammunition. |
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| This exemption does not authorize the
general private |
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| possession of any weapon from which 8 or more
shots or |
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| bullets can be discharged by a single function of the |
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HB0427 |
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LRB095 04145 RLC 24183 b |
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| firing
device, but only such possession and activities as |
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| are within the lawful
scope of a licensed manufacturing |
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| business described in this paragraph.
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| During transportation, such weapons shall be broken |
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| down in a
non-functioning state or not immediately |
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| accessible.
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| (6) The manufacture, transport, testing, delivery, |
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| transfer or sale,
and all lawful commercial or experimental |
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| activities necessary thereto, of
rifles, shotguns, and |
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| weapons made from rifles or shotguns,
or ammunition for |
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| such rifles, shotguns or weapons, where engaged in
by a |
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| person operating as a contractor or subcontractor pursuant |
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| to a
contract or subcontract for the development and supply |
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| of such rifles,
shotguns, weapons or ammunition to the |
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| United States government or any
branch of the Armed Forces |
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| of the United States, when such activities are
necessary |
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| and incident to fulfilling the terms of such contract.
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| The exemption granted under this subdivision (c)(6)
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| shall also apply to any authorized agent of any such |
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| contractor or
subcontractor who is operating within the |
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| scope of his employment, where
such activities involving |
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| such weapon, weapons or ammunition are necessary
and |
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| incident to fulfilling the terms of such contract.
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| During transportation, any such weapon shall be broken |
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| down in a
non-functioning state, or not immediately |
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| accessible.
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HB0427 |
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LRB095 04145 RLC 24183 b |
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| (d) Subsection 24-1(a)(1) does not apply to the purchase, |
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| possession
or carrying of a black-jack or slung-shot by a peace |
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| officer.
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| (e) Subsection 24-1(a)(8) does not apply to any owner, |
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| manager or
authorized employee of any place specified in that |
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| subsection nor to any
law enforcement officer.
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| (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and |
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| Section 24-1.6
do not apply
to members of any club or |
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| organization organized for the purpose of practicing
shooting |
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| at targets upon established target ranges, whether public or |
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| private,
while using their firearms on those target ranges.
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| (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply |
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| to:
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| (1) Members of the Armed Services or Reserve Forces of |
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| the United
States or the Illinois National Guard, while in |
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| the performance of their
official duty.
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| (2) Bonafide collectors of antique or surplus military |
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| ordinance.
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| (3) Laboratories having a department of forensic |
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| ballistics, or
specializing in the development of |
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| ammunition or explosive ordinance.
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| (4) Commerce, preparation, assembly or possession of |
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| explosive
bullets by manufacturers of ammunition licensed |
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| by the federal government,
in connection with the supply of |
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| those organizations and persons exempted
by subdivision |
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| (g)(1) of this Section, or like organizations and persons
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LRB095 04145 RLC 24183 b |
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| outside this State, or the transportation of explosive |
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| bullets to any
organization or person exempted in this |
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| Section by a common carrier or by a
vehicle owned or leased |
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| by an exempted manufacturer.
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| (g-5) Subsection 24-1(a)(6) does not apply to or affect |
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| persons licensed
under federal law to manufacture any device or |
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| attachment of any kind designed,
used, or intended for use in |
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| silencing the report of any firearm, firearms, or
ammunition
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| for those firearms equipped with those devices, and actually |
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| engaged in the
business of manufacturing those devices, |
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| firearms, or ammunition, but only with
respect to
activities |
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| that are within the lawful scope of that business, such as the
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| manufacture, transportation, or testing of those devices, |
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| firearms, or
ammunition. This
exemption does not authorize the |
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| general private possession of any device or
attachment of any |
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| kind designed, used, or intended for use in silencing the
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| report of any firearm, but only such possession and activities |
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| as are within
the
lawful scope of a licensed manufacturing |
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| business described in this subsection
(g-5). During |
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| transportation, those devices shall be detached from any weapon
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| or
not immediately accessible.
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| (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
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| 24-1.6 do not apply to
or affect any parole agent or parole |
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| supervisor who meets the qualifications and conditions |
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| prescribed in Section 3-14-1.5 of the Unified Code of |
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| Corrections.
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HB0427 |
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LRB095 04145 RLC 24183 b |
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| (h) An information or indictment based upon a violation of |
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| any
subsection of this Article need not negative any exemptions |
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| contained in
this Article. The defendant shall have the burden |
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| of proving such an
exemption.
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| (i) Nothing in this Article shall prohibit, apply to, or |
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| affect
the transportation, carrying, or possession, of any |
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| pistol or revolver,
stun gun, taser, or other firearm consigned |
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| to a common carrier operating
under license of the State of |
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| Illinois or the federal government, where
such transportation, |
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| carrying, or possession is incident to the lawful
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| transportation in which such common carrier is engaged; and |
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| nothing in this
Article shall prohibit, apply to, or affect the |
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| transportation, carrying,
or possession of any pistol, |
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| revolver, stun gun, taser, or other firearm,
not the subject of |
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| and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of |
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| this Article, which is unloaded and enclosed in a case, firearm
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| carrying box, shipping box, or other container, by the |
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| possessor of a valid
Firearm Owners Identification Card.
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| (Source: P.A. 92-325, eff. 8-9-01; 93-438, eff. 8-5-03; 93-439, |
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| eff. 8-5-03;
93-576, eff. 1-1-04; revised
9-15-03.)
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| Section 10. The Unified Code of Corrections is amended by |
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| adding Section 3-14-1.5 as follows: |
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| (730 ILCS 5/3-14-1.5 new)
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| Sec. 3-14-1.5. Parole agents and parole supervisors; |
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LRB095 04145 RLC 24183 b |
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| off-duty firearms. Subsections 24-1(a)(4) and 24-1(a)(10) and |
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| Section 24-1.6 do not apply to parole agents and parole |
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| supervisors who meet the following conditions: |
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| (1) The parole agent or parole supervisor must receive |
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| training in the use of firearms while off-duty conducted by the |
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| Illinois Law Enforcement Training Standards Board and be |
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| certified as having successfully completing such training by |
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| the Board. The Board shall determine the amount of such |
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| training and the course content for such training. The parole |
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| agent or parole supervisor shall requalify for the firearm's |
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| training quarterly at only State ranges certified by the |
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| Illinois Law Enforcement Training Standards Board. The |
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| expenses of such retraining shall be paid by the parole agent |
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| or parole supervisor and moneys for such requalification shall |
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| be deployed at the request of the Illinois Law Enforcement |
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| Training Standards Board.
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| (2) The firearm may only be .38 or .40 caliber firearm. |
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| (3) The parole agent or parole supervisor shall purchase |
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| such firearm at his or her own expense and shall register the |
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| firearm with the Illinois Department of State Police and with |
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| any other local law enforcement agencies that require such |
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| registration. |
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| (4) The parole agent or parole supervisor may not carry any |
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| Illinois Department of Corrections State issued firearm while |
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| off-duty. A person who violates this paragraph (4) is subject |
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| to disciplinary action by the Illinois Department of |
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LRB095 04145 RLC 24183 b |
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| Corrections.
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| (5) If death or injury to a person or damage to property |
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| occurs as the result of the use of a firearm that the parole |
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| agent or parole supervisor is authorized to carry off-duty, the |
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| parole agent or parole supervisor must submit to a drug test |
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| within 24 hours after the incident. The agent's or supervisor's |
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| failure to submit to the required drug test shall result in the |
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| Department revoking the agent's or supervisor's right to carry |
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| a firearm off-duty until a board of inquiry established by the |
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| Department determines that the agent's or supervisor's use of |
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| the firearm was justified. The parole agent or parole |
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| supervisor in such cases must submit to a psychological |
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| evaluation conducted by a person or agency approved by the |
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| Illinois Law Enforcement Training Standards Board and no other |
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| psychological evaluation that is not approved by the Board |
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| shall be considered by the Board in evaluating the agent or |
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| supervisor. Nothing in this paragraph (5) shall prevent the |
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| State's Attorney or local law enforcement agency where the |
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| incident occurred from conducting a criminal investigation of |
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| the incident and initiating a prosecution of the agent or |
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| supervisor for the incident. If a criminal investigation and |
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| prosecution of the agent or supervisor is conducted, the parole |
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| agent or parole supervisor involved in the incident shall |
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| relinquish his or her off-duty carry rights until the |
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| completion of the criminal investigation and prosecution if it |
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| results in the exoneration of the agent or supervisor. |