Rep. William Davis

Filed: 3/21/2012

 

 


 

 


 
09700HB5831ham004LRB097 18967 RLC 67506 a

1
AMENDMENT TO HOUSE BILL 5831

2    AMENDMENT NO. ______. Amend House Bill 5831 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    Sec. 7.5. Statutory Exemptions. To the extent provided for
8by the statutes referenced below, the following shall be exempt
9from inspection and copying:
10    (a) All information determined to be confidential under
11Section 4002 of the Technology Advancement and Development Act.
12    (b) Library circulation and order records identifying
13library users with specific materials under the Library Records
14Confidentiality Act.
15    (c) Applications, related documents, and medical records
16received by the Experimental Organ Transplantation Procedures

 

 

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1Board and any and all documents or other records prepared by
2the Experimental Organ Transplantation Procedures Board or its
3staff relating to applications it has received.
4    (d) Information and records held by the Department of
5Public Health and its authorized representatives relating to
6known or suspected cases of sexually transmissible disease or
7any information the disclosure of which is restricted under the
8Illinois Sexually Transmissible Disease Control Act.
9    (e) Information the disclosure of which is exempted under
10Section 30 of the Radon Industry Licensing Act.
11    (f) Firm performance evaluations under Section 55 of the
12Architectural, Engineering, and Land Surveying Qualifications
13Based Selection Act.
14    (g) Information the disclosure of which is restricted and
15exempted under Section 50 of the Illinois Prepaid Tuition Act.
16    (h) Information the disclosure of which is exempted under
17the State Officials and Employees Ethics Act, and records of
18any lawfully created State or local inspector general's office
19that would be exempt if created or obtained by an Executive
20Inspector General's office under that Act.
21    (i) Information contained in a local emergency energy plan
22submitted to a municipality in accordance with a local
23emergency energy plan ordinance that is adopted under Section
2411-21.5-5 of the Illinois Municipal Code.
25    (j) Information and data concerning the distribution of
26surcharge moneys collected and remitted by wireless carriers

 

 

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1under the Wireless Emergency Telephone Safety Act.
2    (k) Law enforcement officer identification information or
3driver identification information compiled by a law
4enforcement agency or the Department of Transportation under
5Section 11-212 of the Illinois Vehicle Code.
6    (l) Records and information provided to a residential
7health care facility resident sexual assault and death review
8team or the Executive Council under the Abuse Prevention Review
9Team Act.
10    (m) Information provided to the predatory lending database
11created pursuant to Article 3 of the Residential Real Property
12Disclosure Act, except to the extent authorized under that
13Article.
14    (n) Defense budgets and petitions for certification of
15compensation and expenses for court appointed trial counsel as
16provided under Sections 10 and 15 of the Capital Crimes
17Litigation Act. This subsection (n) shall apply until the
18conclusion of the trial of the case, even if the prosecution
19chooses not to pursue the death penalty prior to trial or
20sentencing.
21    (o) Information that is prohibited from being disclosed
22under Section 4 of the Illinois Health and Hazardous Substances
23Registry Act.
24    (p) Security portions of system safety program plans,
25investigation reports, surveys, schedules, lists, data, or
26information compiled, collected, or prepared by or for the

 

 

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1Regional Transportation Authority under Section 2.11 of the
2Regional Transportation Authority Act or the St. Clair County
3Transit District under the Bi-State Transit Safety Act.
4    (q) Information prohibited from being disclosed by the
5Personnel Records Review Act.
6    (r) Information prohibited from being disclosed by the
7Illinois School Student Records Act.
8    (s) Information the disclosure of which is restricted under
9Section 5-108 of the Public Utilities Act.
10    (t) All identified or deidentified health information in
11the form of health data or medical records contained in, stored
12in, submitted to, transferred by, or released from the Illinois
13Health Information Exchange, and identified or deidentified
14health information in the form of health data and medical
15records of the Illinois Health Information Exchange in the
16possession of the Illinois Health Information Exchange
17Authority due to its administration of the Illinois Health
18Information Exchange. The terms "identified" and
19"deidentified" shall be given the same meaning as in the Health
20Insurance Accountability and Portability Act of 1996, Public
21Law 104-191, or any subsequent amendments thereto, and any
22regulations promulgated thereunder.
23    (u) Records and information provided to an independent team
24of experts under Brian's Law.
25    (v) Names and information of people who have applied for or
26received Firearm Owner's Identification Cards or certificates

 

 

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1of handgun registration under the Firearm Owners
2Identification Card and Certificate of Handgun Registration
3Act.
4    (w) (v) Personally identifiable information which is
5exempted from disclosure under subsection (g) of Section 19.1
6of the Toll Highway Act.
7(Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11;
896-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff.
98-12-11; 97-342, eff. 8-12-11; revised 9-2-11.)
 
10    Section 10. The Department of State Police Law of the Civil
11Administrative Code of Illinois is amended by changing Sections
122605-45 and 2605-120 as follows:
 
13    (20 ILCS 2605/2605-45)  (was 20 ILCS 2605/55a-5)
14    Sec. 2605-45. Division of Administration. The Division of
15Administration shall exercise the following functions:
16        (1) Exercise the rights, powers, and duties vested in
17    the Department by the Governor's Office of Management and
18    Budget Act.
19        (2) Pursue research and the publication of studies
20    pertaining to local law enforcement activities.
21        (3) Exercise the rights, powers, and duties vested in
22    the Department by the Personnel Code.
23        (4) Operate an electronic data processing and computer
24    center for the storage and retrieval of data pertaining to

 

 

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1    criminal activity.
2        (5) Exercise the rights, powers, and duties vested in
3    the former Division of State Troopers by Section 17 of the
4    State Police Act.
5        (6) Exercise the rights, powers, and duties vested in
6    the Department by "An Act relating to internal auditing in
7    State government", approved August 11, 1967 (repealed; now
8    the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
9        (6.5) Exercise the rights, powers, and duties vested in
10    the Department by the Firearm Owners Identification Card
11    and Certificate of Handgun Registration Act.
12        (7) Exercise other duties that may be assigned by the
13    Director to fulfill the responsibilities and achieve the
14    purposes of the Department.
15(Source: P.A. 94-793, eff. 5-19-06.)
 
16    (20 ILCS 2605/2605-120)  (was 20 ILCS 2605/55a in part)
17    Sec. 2605-120. Firearm Owners Identification Card and
18Certificate of Handgun Registration Act. To exercise the
19rights, powers, and duties that have been vested in the
20Department of Public Safety by the Firearm Owners
21Identification Card and Certificate of Handgun Registration
22Act.
23(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
24eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
25eff. 8-14-98; 91-239, eff. 1-1-00.)
 

 

 

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1    Section 15. The State Finance Act is amended by adding
2Sections 5.811, 5.812, 5.813, 6z-93, and 6z-94 as follows:
 
3    (30 ILCS 105/5.811 new)
4    Sec. 5.811. The National Instant Criminal Background Check
5System Improvement Fund.
 
6    (30 ILCS 105/5.812 new)
7    Sec. 5.812. The Illinois LEADS Information and Technology
8Improvement Fund.
 
9    (30 ILCS 105/5.813 new)
10    Sec. 5.813. The Handgun Certificate Administration Fund.
 
11    (30 ILCS 105/6z-93 new)
12    Sec. 6z-93. National Instant Criminal Background Check
13System Improvement Fund.
14    (a) There is created in the State treasury a special fund
15known as National Instant Criminal Background Check System
16Improvement Fund. The Fund shall receive revenue pursuant to
17Section 3.4 of the Firearm Owners Identification Card and
18Certificate of Handgun Registration Act. The Fund may also
19receive revenue from grants, donations, appropriations, and
20any other legal source.
21    (b) The Department of State Police shall use moneys in the

 

 

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1Fund to perform its duties and responsibilities under
2subsection (e) of Section 3.1 of the Firearm Owners
3Identification Card and Certificate of Handgun Registration
4Act.
5    (c) Expenditures may be made from the Fund only as
6appropriated by the General Assembly by law.
7    (d) Investment income that is attributable to the
8investment of moneys in the Fund shall be retained in the Fund
9for the uses specified in this Section.
10    (e) The Fund shall not be subject to administrative
11chargebacks.
 
12    (30 ILCS 105/6z-94 new)
13    Sec. 6z-94. Illinois LEADS Information and Technology
14Improvement Fund.
15    (a) There is created in the State treasury a special fund
16known as the Illinois LEADS Information and Technology
17Improvement Fund. The Fund shall receive revenue pursuant to
18Section 3.4 of the Firearm Owners Identification Card and
19Certificate of Handgun Registration Act. The Fund may also
20receive revenue from grants, donations, appropriations, and
21any other legal source.
22    (b) The Department of State Police shall use the moneys in
23the Fund to update and improve the technology used for the Law
24Enforcement Agencies Data System (LEADS) system. The Fund shall
25also be used to support the Department's responsibilities in

 

 

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1managing background checks and public safety record-keeping.
2    (c) Moneys in the Fund shall also be used to fund grants
3made available to local law enforcement to support their
4technological infrastructure.
5    (d) Expenditures may be made from the Fund only as
6appropriated by the General Assembly by law.
7    (e) Investment income that is attributable to the
8investment of moneys in the Fund shall be retained in the Fund
9for the uses specified in this Section.
10    (f) The Fund shall not be subject to administrative
11chargebacks.
 
12    Section 20. The School Code is amended by changing Sections
1310-22.6, 10-27.1A, and 34-8.05 as follows:
 
14    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
15    Sec. 10-22.6. Suspension or expulsion of pupils; school
16searches.
17    (a) To expel pupils guilty of gross disobedience or
18misconduct, including gross disobedience or misconduct
19perpetuated by electronic means, and no action shall lie
20against them for such expulsion. Expulsion shall take place
21only after the parents have been requested to appear at a
22meeting of the board, or with a hearing officer appointed by
23it, to discuss their child's behavior. Such request shall be
24made by registered or certified mail and shall state the time,

 

 

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1place and purpose of the meeting. The board, or a hearing
2officer appointed by it, at such meeting shall state the
3reasons for dismissal and the date on which the expulsion is to
4become effective. If a hearing officer is appointed by the
5board he shall report to the board a written summary of the
6evidence heard at the meeting and the board may take such
7action thereon as it finds appropriate. An expelled pupil may
8be immediately transferred to an alternative program in the
9manner provided in Article 13A or 13B of this Code. A pupil
10must not be denied transfer because of the expulsion, except in
11cases in which such transfer is deemed to cause a threat to the
12safety of students or staff in the alternative program.
13    (b) To suspend or by policy to authorize the superintendent
14of the district or the principal, assistant principal, or dean
15of students of any school to suspend pupils guilty of gross
16disobedience or misconduct, or to suspend pupils guilty of
17gross disobedience or misconduct on the school bus from riding
18the school bus, and no action shall lie against them for such
19suspension. The board may by policy authorize the
20superintendent of the district or the principal, assistant
21principal, or dean of students of any school to suspend pupils
22guilty of such acts for a period not to exceed 10 school days.
23If a pupil is suspended due to gross disobedience or misconduct
24on a school bus, the board may suspend the pupil in excess of
2510 school days for safety reasons. Any suspension shall be
26reported immediately to the parents or guardian of such pupil

 

 

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1along with a full statement of the reasons for such suspension
2and a notice of their right to a review. The school board must
3be given a summary of the notice, including the reason for the
4suspension and the suspension length. Upon request of the
5parents or guardian the school board or a hearing officer
6appointed by it shall review such action of the superintendent
7or principal, assistant principal, or dean of students. At such
8review the parents or guardian of the pupil may appear and
9discuss the suspension with the board or its hearing officer.
10If a hearing officer is appointed by the board he shall report
11to the board a written summary of the evidence heard at the
12meeting. After its hearing or upon receipt of the written
13report of its hearing officer, the board may take such action
14as it finds appropriate. A pupil who is suspended in excess of
1520 school days may be immediately transferred to an alternative
16program in the manner provided in Article 13A or 13B of this
17Code. A pupil must not be denied transfer because of the
18suspension, except in cases in which such transfer is deemed to
19cause a threat to the safety of students or staff in the
20alternative program.
21    (c) The Department of Human Services shall be invited to
22send a representative to consult with the board at such meeting
23whenever there is evidence that mental illness may be the cause
24for expulsion or suspension.
25    (d) The board may expel a student for a definite period of
26time not to exceed 2 calendar years, as determined on a case by

 

 

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1case basis. A student who is determined to have brought one of
2the following objects to school, any school-sponsored activity
3or event, or any activity or event that bears a reasonable
4relationship to school shall be expelled for a period of not
5less than one year:
6        (1) A firearm. For the purposes of this Section,
7    "firearm" means any gun, rifle, shotgun, weapon as defined
8    by Section 921 of Title 18 of the United States Code,
9    firearm as defined in Section 1.1 of the Firearm Owners
10    Identification Card and Certificate of Handgun
11    Registration Act, or firearm as defined in Section 24-1 of
12    the Criminal Code of 1961. The expulsion period under this
13    subdivision (1) may be modified by the superintendent, and
14    the superintendent's determination may be modified by the
15    board on a case-by-case basis.
16        (2) A knife, brass knuckles or other knuckle weapon
17    regardless of its composition, a billy club, or any other
18    object if used or attempted to be used to cause bodily
19    harm, including "look alikes" of any firearm as defined in
20    subdivision (1) of this subsection (d). The expulsion
21    requirement under this subdivision (2) may be modified by
22    the superintendent, and the superintendent's determination
23    may be modified by the board on a case-by-case basis.
24Expulsion or suspension shall be construed in a manner
25consistent with the Federal Individuals with Disabilities
26Education Act. A student who is subject to suspension or

 

 

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1expulsion as provided in this Section may be eligible for a
2transfer to an alternative school program in accordance with
3Article 13A of the School Code. The provisions of this
4subsection (d) apply in all school districts, including special
5charter districts and districts organized under Article 34.
6    (d-5) The board may suspend or by regulation authorize the
7superintendent of the district or the principal, assistant
8principal, or dean of students of any school to suspend a
9student for a period not to exceed 10 school days or may expel
10a student for a definite period of time not to exceed 2
11calendar years, as determined on a case by case basis, if (i)
12that student has been determined to have made an explicit
13threat on an Internet website against a school employee, a
14student, or any school-related personnel, (ii) the Internet
15website through which the threat was made is a site that was
16accessible within the school at the time the threat was made or
17was available to third parties who worked or studied within the
18school grounds at the time the threat was made, and (iii) the
19threat could be reasonably interpreted as threatening to the
20safety and security of the threatened individual because of his
21or her duties or employment status or status as a student
22inside the school. The provisions of this subsection (d-5)
23apply in all school districts, including special charter
24districts and districts organized under Article 34 of this
25Code.
26    (e) To maintain order and security in the schools, school

 

 

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1authorities may inspect and search places and areas such as
2lockers, desks, parking lots, and other school property and
3equipment owned or controlled by the school, as well as
4personal effects left in those places and areas by students,
5without notice to or the consent of the student, and without a
6search warrant. As a matter of public policy, the General
7Assembly finds that students have no reasonable expectation of
8privacy in these places and areas or in their personal effects
9left in these places and areas. School authorities may request
10the assistance of law enforcement officials for the purpose of
11conducting inspections and searches of lockers, desks, parking
12lots, and other school property and equipment owned or
13controlled by the school for illegal drugs, weapons, or other
14illegal or dangerous substances or materials, including
15searches conducted through the use of specially trained dogs.
16If a search conducted in accordance with this Section produces
17evidence that the student has violated or is violating either
18the law, local ordinance, or the school's policies or rules,
19such evidence may be seized by school authorities, and
20disciplinary action may be taken. School authorities may also
21turn over such evidence to law enforcement authorities. The
22provisions of this subsection (e) apply in all school
23districts, including special charter districts and districts
24organized under Article 34.
25    (f) Suspension or expulsion may include suspension or
26expulsion from school and all school activities and a

 

 

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1prohibition from being present on school grounds.
2    (g) A school district may adopt a policy providing that if
3a student is suspended or expelled for any reason from any
4public or private school in this or any other state, the
5student must complete the entire term of the suspension or
6expulsion in an alternative school program under Article 13A of
7this Code or an alternative learning opportunities program
8under Article 13B of this Code before being admitted into the
9school district if there is no threat to the safety of students
10or staff in the alternative program. This subsection (g)
11applies to all school districts, including special charter
12districts and districts organized under Article 34 of this
13Code.
14(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;
1597-340, eff. 1-1-12; 97-495, eff. 1-1-12; revised 9-28-11.)
 
16    (105 ILCS 5/10-27.1A)
17    Sec. 10-27.1A. Firearms in schools.
18    (a) All school officials, including teachers, guidance
19counselors, and support staff, shall immediately notify the
20office of the principal in the event that they observe any
21person in possession of a firearm on school grounds; provided
22that taking such immediate action to notify the office of the
23principal would not immediately endanger the health, safety, or
24welfare of students who are under the direct supervision of the
25school official or the school official. If the health, safety,

 

 

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1or welfare of students under the direct supervision of the
2school official or of the school official is immediately
3endangered, the school official shall notify the office of the
4principal as soon as the students under his or her supervision
5and he or she are no longer under immediate danger. A report is
6not required by this Section when the school official knows
7that the person in possession of the firearm is a law
8enforcement official engaged in the conduct of his or her
9official duties. Any school official acting in good faith who
10makes such a report under this Section shall have immunity from
11any civil or criminal liability that might otherwise be
12incurred as a result of making the report. The identity of the
13school official making such report shall not be disclosed
14except as expressly and specifically authorized by law.
15Knowingly and willfully failing to comply with this Section is
16a petty offense. A second or subsequent offense is a Class C
17misdemeanor.
18    (b) Upon receiving a report from any school official
19pursuant to this Section, or from any other person, the
20principal or his or her designee shall immediately notify a
21local law enforcement agency. If the person found to be in
22possession of a firearm on school grounds is a student, the
23principal or his or her designee shall also immediately notify
24that student's parent or guardian. Any principal or his or her
25designee acting in good faith who makes such reports under this
26Section shall have immunity from any civil or criminal

 

 

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1liability that might otherwise be incurred or imposed as a
2result of making the reports. Knowingly and willfully failing
3to comply with this Section is a petty offense. A second or
4subsequent offense is a Class C misdemeanor. If the person
5found to be in possession of the firearm on school grounds is a
6minor, the law enforcement agency shall detain that minor until
7such time as the agency makes a determination pursuant to
8clause (a) of subsection (1) of Section 5-401 of the Juvenile
9Court Act of 1987, as to whether the agency reasonably believes
10that the minor is delinquent. If the law enforcement agency
11determines that probable cause exists to believe that the minor
12committed a violation of item (4) of subsection (a) of Section
1324-1 of the Criminal Code of 1961 while on school grounds, the
14agency shall detain the minor for processing pursuant to
15Section 5-407 of the Juvenile Court Act of 1987.
16    (c) On or after January 1, 1997, upon receipt of any
17written, electronic, or verbal report from any school personnel
18regarding a verified incident involving a firearm in a school
19or on school owned or leased property, including any conveyance
20owned, leased, or used by the school for the transport of
21students or school personnel, the superintendent or his or her
22designee shall report all such firearm-related incidents
23occurring in a school or on school property to the local law
24enforcement authorities immediately and to the Department of
25State Police in a form, manner, and frequency as prescribed by
26the Department of State Police.

 

 

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1    The State Board of Education shall receive an annual
2statistical compilation and related data associated with
3incidents involving firearms in schools from the Department of
4State Police. The State Board of Education shall compile this
5information by school district and make it available to the
6public.
7    (d) As used in this Section, the term "firearm" shall have
8the meaning ascribed to it in Section 1.1 of the Firearm Owners
9Identification Card and Certificate of Handgun Registration
10Act.
11    As used in this Section, the term "school" means any public
12or private elementary or secondary school.
13    As used in this Section, the term "school grounds" includes
14the real property comprising any school, any conveyance owned,
15leased, or contracted by a school to transport students to or
16from school or a school-related activity, or any public way
17within 1,000 feet of the real property comprising any school.
18(Source: P.A. 91-11, eff. 6-4-99; 91-491, eff. 8-13-99.)
 
19    (105 ILCS 5/34-8.05)
20    Sec. 34-8.05. Reporting firearms in schools. On or after
21January 1, 1997, upon receipt of any written, electronic, or
22verbal report from any school personnel regarding a verified
23incident involving a firearm in a school or on school owned or
24leased property, including any conveyance owned, leased, or
25used by the school for the transport of students or school

 

 

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1personnel, the general superintendent or his or her designee
2shall report all such firearm-related incidents occurring in a
3school or on school property to the local law enforcement
4authorities no later than 24 hours after the occurrence of the
5incident and to the Department of State Police in a form,
6manner, and frequency as prescribed by the Department of State
7Police.
8    The State Board of Education shall receive an annual
9statistical compilation and related data associated with
10incidents involving firearms in schools from the Department of
11State Police. As used in this Section, the term "firearm" shall
12have the meaning ascribed to it in Section 1.1 of the Firearm
13Owners Identification Card and Certificate of Handgun
14Registration Act.
15(Source: P.A. 89-498, eff. 6-27-96.)
 
16    Section 25. The Lead Poisoning Prevention Act is amended by
17changing Section 2 as follows:
 
18    (410 ILCS 45/2)  (from Ch. 111 1/2, par. 1302)
19    Sec. 2. Definitions. As used in this Act:
20    "Abatement" means the removal or encapsulation of all
21leadbearing substances in a residential building or dwelling
22unit.
23    "Child care facility" means any structure used by a child
24care provider licensed by the Department of Children and Family

 

 

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1Services or public school structure frequented by children
2through 6 years of age.
3    "Delegate agency" means a unit of local government or
4health department approved by the Department to carry out the
5provisions of this Act.
6    "Department" means the Department of Public Health of the
7State of Illinois.
8    "Dwelling" means any structure all or part of which is
9designed or used for human habitation.
10    "High risk area" means an area in the State determined by
11the Department to be high risk for lead exposure for children
12through 6 years of age. The Department shall consider, but not
13be limited to, the following factors to determine a high risk
14area: age and condition (using Department of Housing and Urban
15Development definitions of "slum" and "blighted") of housing,
16proximity to highway traffic or heavy local traffic or both,
17percentage of housing determined as rental or vacant, proximity
18to industry using lead, established incidence of elevated blood
19lead levels in children, percentage of population living below
20200% of federal poverty guidelines, and number of children
21residing in the area who are 6 years of age or younger.
22    "Exposed surface" means any interior or exterior surface of
23a dwelling or residential building.
24    "Lead abatement contractor" means any person or entity
25licensed by the Department to perform lead abatement and
26mitigation.

 

 

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1    "Lead abatement worker" means any person employed by a lead
2abatement contractor and licensed by the Department to perform
3lead abatement and mitigation.
4    "Lead bearing substance" means any item containing or
5coated with lead such that the lead content is more than
6six-hundredths of one percent (0.06%) lead by total weight; or
7any dust on surfaces or in furniture or other nonpermanent
8elements of the dwelling; or any paint or other surface coating
9material containing more than five-tenths of one percent (0.5%)
10lead by total weight (calculated as lead metal) in the total
11non-volatile content of liquid paint; or lead bearing
12substances containing greater than one milligram per square
13centimeter or any lower standard for lead content in
14residential paint as may be established by federal law or
15regulation; or more than 1 milligram per square centimeter in
16the dried film of paint or previously applied substance; or
17item or dust on item containing lead in excess of the amount
18specified in the rules and regulations authorized by this Act
19or a lower standard for lead content as may be established by
20federal law or regulation. "Lead bearing substance" does not
21include firearm ammunition or components as defined by the
22Firearm Owners Identification Card and Certificate of Handgun
23Registration Act.
24    "Lead hazard" means a lead bearing substance that poses an
25immediate health hazard to humans.
26    "Lead poisoning" means the condition of having blood lead

 

 

09700HB5831ham004- 22 -LRB097 18967 RLC 67506 a

1levels in excess of those considered safe under State and
2federal rules and regulations.
3    "Low risk area" means an area in the State determined by
4the Department to be low risk for lead exposure for children
5through 6 years of age. The Department shall consider the
6factors named in "high risk area" to determine low risk areas.
7    "Mitigation" means the remediation, in a manner described
8in Section 9, of a lead hazard so that the lead bearing
9substance does not pose an immediate health hazard to humans.
10    "Owner" means any person, who alone, jointly, or severally
11with others:
12        (a) Has legal title to any dwelling or residential
13    building, with or without accompanying actual possession
14    of the dwelling or residential building, or
15        (b) Has charge, care or control of the dwelling or
16    residential building as owner or agent of the owner, or as
17    executor, administrator, trustee, or guardian of the
18    estate of the owner.
19    "Person" means any one or more natural persons, legal
20entities, governmental bodies, or any combination.
21    "Residential building" means any room, group of rooms, or
22other interior areas of a structure designed or used for human
23habitation; common areas accessible by inhabitants; and the
24surrounding property or structures.
25    "Risk assessment" means a questionnaire to be developed by
26the Department for use by physicians and other health care

 

 

09700HB5831ham004- 23 -LRB097 18967 RLC 67506 a

1providers to determine risk factors for children through 6
2years of age residing in areas designated as low risk for lead
3exposure.
4(Source: P.A. 94-879, eff. 6-20-06.)
 
5    Section 30. The Firearm Owners Identification Card Act is
6amended by changing Sections 0.01, 1, 1.1, 3, 3.1, 4, 6.1, and
714 and by adding Section 3.4 as follows:
 
8    (430 ILCS 65/0.01)  (from Ch. 38, par. 83-0.1)
9    Sec. 0.01. Short title. This Act may be cited as the
10Firearm Owners Identification Card and Certificate of Handgun
11Registration Act.
12(Source: P.A. 86-1324.)
 
13    (430 ILCS 65/1)  (from Ch. 38, par. 83-1)
14    Sec. 1. It is hereby declared as a matter of legislative
15determination that in order to promote and protect the health,
16safety and welfare of the public, it is necessary and in the
17public interest to provide a system of identifying persons who
18are not qualified to acquire or possess firearms, firearm
19ammunition, stun guns, and tasers within the State of Illinois
20by the establishment of a system of Firearm Owner's
21Identification Cards and handgun registration, thereby
22establishing a practical and workable system by which law
23enforcement authorities will be afforded an opportunity to

 

 

09700HB5831ham004- 24 -LRB097 18967 RLC 67506 a

1identify those persons who are prohibited by Section 24-3.1 of
2the "Criminal Code of 1961", as amended, from acquiring or
3possessing firearms and firearm ammunition and who are
4prohibited by this Act from acquiring stun guns and tasers, and
5to identify the ownership of handguns that have been recovered
6or seized as evidence.
7(Source: P.A. 94-6, eff. 1-1-06.)
 
8    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
9    Sec. 1.1. For purposes of this Act:
10    "Has been adjudicated as a mental defective" means the
11person is the subject of a determination by a court, board,
12commission or other lawful authority that a person, as a result
13of marked subnormal intelligence, or mental illness, mental
14impairment, incompetency, condition, or disease:
15        (1) is a danger to himself, herself, or to others;
16        (2) lacks the mental capacity to manage his or her own
17    affairs;
18        (3) is not guilty in a criminal case by reason of
19    insanity, mental disease or defect;
20        (4) is incompetent to stand trial in a criminal case;
21        (5) is not guilty by reason of lack of mental
22    responsibility pursuant to Articles 50a and 72b of the
23    Uniform Code of Military Justice, 10 U.S.C. 850a, 876b.
24    "Certificate of handgun registration" means a certificate
25issued by the Illinois Department of State Police pursuant to

 

 

09700HB5831ham004- 25 -LRB097 18967 RLC 67506 a

1Section 3.4 of this Act.
2    "Counterfeit" means to copy or imitate, without legal
3authority, with intent to deceive.
4    "Federally licensed firearm dealer" means a person who is
5licensed as a federal firearms dealer under Section 923 of the
6federal Gun Control Act of 1968 (18 U.S.C. 923).
7    "Firearm" means any device, by whatever name known, which
8is designed to expel a projectile or projectiles by the action
9of an explosion, expansion of gas or escape of gas; excluding,
10however:
11        (1) any pneumatic gun, spring gun, paint ball gun or
12    B-B gun which either expels a single globular projectile
13    not exceeding .18 inch in diameter and which has a maximum
14    muzzle velocity of less than 700 feet per second or
15    breakable paint balls containing washable marking colors;
16        (2) any device used exclusively for signalling or
17    safety and required or recommended by the United States
18    Coast Guard or the Interstate Commerce Commission;
19        (3) any device used exclusively for the firing of stud
20    cartridges, explosive rivets or similar industrial
21    ammunition; and
22        (4) an antique firearm (other than a machine-gun)
23    which, although designed as a weapon, the Department of
24    State Police finds by reason of the date of its
25    manufacture, value, design, and other characteristics is
26    primarily a collector's item and is not likely to be used

 

 

09700HB5831ham004- 26 -LRB097 18967 RLC 67506 a

1    as a weapon.
2    "Firearm ammunition" means any self-contained cartridge or
3shotgun shell, by whatever name known, which is designed to be
4used or adaptable to use in a firearm; excluding, however:
5        (1) any ammunition exclusively designed for use with a
6    device used exclusively for signalling or safety and
7    required or recommended by the United States Coast Guard or
8    the Interstate Commerce Commission; and
9        (2) any ammunition designed exclusively for use with a
10    stud or rivet driver or other similar industrial
11    ammunition.
12    "Gun show" means an event or function:
13        (1) at which the sale and transfer of firearms is the
14    regular and normal course of business and where 50 or more
15    firearms are displayed, offered, or exhibited for sale,
16    transfer, or exchange; or
17        (2) at which not less than 10 gun show vendors display,
18    offer, or exhibit for sale, sell, transfer, or exchange
19    firearms.
20    "Gun show" includes the entire premises provided for an
21event or function, including parking areas for the event or
22function, that is sponsored to facilitate the purchase, sale,
23transfer, or exchange of firearms as described in this Section.
24    "Gun show" does not include training or safety classes,
25competitive shooting events, such as rifle, shotgun, or handgun
26matches, trap, skeet, or sporting clays shoots, dinners,

 

 

09700HB5831ham004- 27 -LRB097 18967 RLC 67506 a

1banquets, raffles, or any other event where the sale or
2transfer of firearms is not the primary course of business.
3    "Gun show promoter" means a person who organizes or
4operates a gun show.
5    "Gun show vendor" means a person who exhibits, sells,
6offers for sale, transfers, or exchanges any firearms at a gun
7show, regardless of whether the person arranges with a gun show
8promoter for a fixed location from which to exhibit, sell,
9offer for sale, transfer, or exchange any firearm.
10    "Handgun" means a firearm designed to be held and fired by
11the use of a single hand, and includes a combination of parts
12from which the firearm can be assembled.
13    "Sanctioned competitive shooting event" means a shooting
14contest officially recognized by a national or state shooting
15sport association, and includes any sight-in or practice
16conducted in conjunction with the event.
17    "Stun gun or taser" has the meaning ascribed to it in
18Section 24-1 of the Criminal Code of 1961.
19(Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; 95-331,
20eff. 8-21-07; 95-581, eff. 6-1-08.)
 
21    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
22    Sec. 3. (a) Except as provided in Section 3a, no person may
23knowingly transfer, or cause to be transferred, any firearm,
24firearm ammunition, stun gun, or taser to any person within
25this State unless the transferee with whom he deals displays a

 

 

09700HB5831ham004- 28 -LRB097 18967 RLC 67506 a

1currently valid Firearm Owner's Identification Card which has
2previously been issued in his name by the Department of State
3Police under the provisions of this Act. In addition, all
4firearm, stun gun, and taser transfers by federally licensed
5firearm dealers are subject to Section 3.1. In addition, the
6transferor and transferee of a handgun shall be subject to
7Section 3.4 of this Act regardless of whether the transferor is
8a federally licensed firearm dealer.
9    (a-5) Any person who is not a federally licensed firearm
10dealer and who desires to transfer or sell a firearm while that
11person is on the grounds of a gun show must, before selling or
12transferring the firearm, request the Department of State
13Police to conduct a background check on the prospective
14recipient of the firearm in accordance with Section 3.1.
15Whenever a person who is exempt from Section 3.4 of this Act
16transfers a handgun to a person who is not exempt, the
17transferor shall notify the Department of State Police of the
18transfer, on a form or in a manner prescribed by the
19Department, within 10 days after the transfer.
20    (b) Any person within this State who transfers or causes to
21be transferred any firearm, stun gun, or taser shall keep a
22record of such transfer for a period of 10 years from the date
23of transfer. Such record shall contain the date of the
24transfer; the description, serial number or other information
25identifying the firearm, stun gun, or taser if no serial number
26is available; and, if the transfer was completed within this

 

 

09700HB5831ham004- 29 -LRB097 18967 RLC 67506 a

1State, the transferee's Firearm Owner's Identification Card
2number. On or after January 1, 2006, the record shall contain
3the date of application for transfer of the firearm. On demand
4of a peace officer such transferor shall produce for inspection
5such record of transfer. If the transfer or sale took place at
6a gun show, the record shall include the unique identification
7number. Failure to record the unique identification number is a
8petty offense.
9    (b-5) Any resident may purchase ammunition from a person
10outside of Illinois. Any resident purchasing ammunition
11outside the State of Illinois must provide the seller with a
12copy of his or her valid Firearm Owner's Identification Card
13and either his or her Illinois driver's license or Illinois
14State Identification Card prior to the shipment of the
15ammunition. The ammunition may be shipped only to an address on
16either of those 2 documents.
17    (c) The provisions of this Section regarding the transfer
18of firearm ammunition shall not apply to those persons
19specified in paragraph (b) of Section 2 of this Act.
20(Source: P.A. 94-6, eff. 1-1-06; 94-284, eff. 7-21-05; 94-353,
21eff. 7-29-05; 94-571, eff. 8-12-05; 95-331, eff. 8-21-07.)
 
22    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
23    Sec. 3.1. Dial up system.
24    (a) The Department of State Police shall provide a dial up
25telephone system or utilize other existing technology which

 

 

09700HB5831ham004- 30 -LRB097 18967 RLC 67506 a

1shall be used by any federally licensed firearm dealer, gun
2show promoter, or gun show vendor who is to transfer a firearm,
3stun gun, or taser under the provisions of this Act. The
4Department of State Police may utilize existing technology
5which allows the caller to be charged a fee not to exceed $2.
6Fees collected by the Department of State Police shall be
7deposited in the State Police Services Fund and used to provide
8the service.
9    (b) Upon receiving a request from a federally licensed
10firearm dealer, gun show promoter, or gun show vendor, the
11Department of State Police shall immediately approve, or within
12the time period established by Section 24-3 of the Criminal
13Code of 1961 regarding the delivery of firearms, stun guns, and
14tasers notify the inquiring dealer, gun show promoter, or gun
15show vendor of any objection that would disqualify the
16transferee from acquiring or possessing a firearm, stun gun, or
17taser. In conducting the inquiry, the Department of State
18Police shall initiate and complete an automated search of its
19criminal history record information files and those of the
20Federal Bureau of Investigation, including the National
21Instant Criminal Background Check System, and of the files of
22the Department of Human Services relating to mental health and
23developmental disabilities to obtain any felony conviction or
24patient hospitalization information which would disqualify a
25person from obtaining or require revocation of a currently
26valid Firearm Owner's Identification Card.

 

 

09700HB5831ham004- 31 -LRB097 18967 RLC 67506 a

1    (c) If receipt of a firearm would not violate Section 24-3
2of the Criminal Code of 1961, federal law, or this Act the
3Department of State Police shall:
4        (1) assign a unique identification number to the
5    transfer; and
6        (2) provide the licensee, gun show promoter, or gun
7    show vendor with the number.
8    (d) Approvals issued by the Department of State Police for
9the purchase of a firearm are valid for 30 days from the date
10of issue.
11    (e) (1) The Department of State Police must act as the
12Illinois Point of Contact for the National Instant Criminal
13Background Check System.
14    (2) The Department of State Police and the Department of
15Human Services shall, in accordance with State and federal law
16regarding confidentiality, enter into a memorandum of
17understanding with the Federal Bureau of Investigation for the
18purpose of implementing the National Instant Criminal
19Background Check System in the State. The Department of State
20Police shall report the name, date of birth, and physical
21description of any person prohibited from possessing a firearm
22pursuant to the Firearm Owners Identification Card and
23Certificate of Handgun Registration Act or 18 U.S.C. 922(g) and
24(n) to the National Instant Criminal Background Check System
25Index, Denied Persons Files. The Department of State Police
26shall implement a program to distribute grant moneys, with

 

 

09700HB5831ham004- 32 -LRB097 18967 RLC 67506 a

1funds appropriated for that purpose, to units of local
2government to facilitate participation in the National Instant
3Criminal Background Check System by their enforcement
4agencies.
5    (f) The Department of State Police shall promulgate rules
6not inconsistent with this Section to implement this system.
7(Source: P.A. 94-6, eff. 1-1-06; 94-353, eff. 7-29-05; 95-331,
8eff. 8-21-07; 95-564, eff. 6-1-08.)
 
9    (430 ILCS 65/3.4 new)
10    Sec. 3.4. Certificate of handgun registration.
11    (a) No person shall transport or possess a handgun in this
12State without a certificate of handgun registration issued for
13that handgun by the Department of State Police.
14    (b) The provisions of this Section prohibiting a person
15from transporting or possessing a handgun without a certificate
16of handgun registration do not apply to the following persons:
17        (1) any person who is exempt from the Firearm Owners
18    Identification Card Act requirements pursuant to
19    subsection (b) of Section 2 of this Act;
20        (2) any person who is exempt from the Firearm Owners
21    Identification Card Act requirements pursuant to
22    subsection (c) of Section 2 of this Act;
23        (3) a certified member of the Illinois Firearms
24    Manufacturers Association; and
25        (4) a federally licensed firearm dealer holding a new

 

 

09700HB5831ham004- 33 -LRB097 18967 RLC 67506 a

1    handgun for transfer or sale.
2    (c) An applicant for an original or transferred certificate
3of handgun registration shall submit an application to the
4Department, prepared and furnished at convenient locations
5throughout the State or by electronic means. The application
6shall request the following information from the applicant:
7        (1) the applicant's name, address, and telephone
8    number;
9        (2) a copy of the applicant's Illinois Firearm Owner's
10    Identification Card;
11        (3) the name of the manufacturer, the caliber or gauge,
12    the model, the type, and the serial number identification
13    of the handgun to be registered;
14        (4) the source from which the handgun was obtained,
15    including the name and address of the source;
16        (5) the date the handgun was acquired;
17        (6) any other information that the Department shall
18    find reasonably necessary or desirable to effectuate the
19    purposes of this Act and to arrive at a fair determination
20    as to whether the terms of this Act have been complied
21    with; and
22        (7) an affidavit signed by the applicant certifying
23    that the applicant:
24            (A) possesses a valid Firearm Owner's
25        Identification Card;
26            (B) as of the date of application, would still be

 

 

09700HB5831ham004- 34 -LRB097 18967 RLC 67506 a

1        eligible to receive a Firearm Owner's Identification
2        Card from the Department.
3    (d) Any person who transports or possesses a handgun
4without a current certificate of handgun registration is guilty
5of a Class 2 felony. Any person who knowingly enters false or
6misleading information or who submits false or misleading
7evidence in connection with the application described in
8subsection (c) of this Section is guilty of a Class 2 felony.
9Any person who knows or should know that his or her registered
10handgun is lost, stolen, missing, or destroyed but does not
11report that occurrence to local law enforcement is guilty of a
12Class A misdemeanor. Any person who sells, transfers, or
13otherwise disposes of his or her registered handgun and does
14not notify the Department of that sale, transfer, or
15disposition within the timelines in this Act is guilty of a
16Class A misdemeanor. Any federally licensed dealer who does not
17submit an application on behalf of a purchaser in accordance
18with subsection (k-5) of this Section is guilty of a Class A
19misdemeanor.
20    (e) The Department shall issue an original or transferred
21certificate of registration or shall issue a written denial of
22the application within 30 days after the application is
23received.
24    (e-5) There is created in the State treasury the Handgun
25Certificate Administration Fund to be used by the Department of
26State Police for the administration of handgun registration as

 

 

09700HB5831ham004- 35 -LRB097 18967 RLC 67506 a

1required by this Act.
2    (f) A nonrefundable application fee of $20 shall be payable
3for each original or transferred certificate of handgun
4registration. All moneys received from this $20 fee shall be
5deposited as follows:
6        (1) $10 to the Handgun Certificate Administration Fund
7    for the administration of handgun registration;
8        (2) $5 to the Illinois LEADS Information and Technology
9    Improvement Fund; and
10        (3) $5 to the National Instant Criminal Background
11    Check System Improvement Fund.
12    (g) A nonrefundable fee of $10 shall be payable for each
13duplicate or replacement certificate of handgun registration.
14All moneys received from this $10 fee shall be deposited into
15the Handgun Certificate Administration Fund for the
16administration of handgun registration.
17    (h) Certificates of handgun registration shall expire
18every 5 years. The fee for renewal of a certificate of handgun
19registration is $10. All moneys received from this $10 fee
20shall be deposited into the Handgun Certificate Administration
21Fund for the administration of handgun registration.
22    (i) Every person issued a certificate of handgun
23registration shall notify local law enforcement within 72 hours
24when:
25        (1) the person knows, or should have known, that his or
26    her handgun is lost, stolen, destroyed, or otherwise

 

 

09700HB5831ham004- 36 -LRB097 18967 RLC 67506 a

1    missing; or
2        (2) the person knows, or should have known, that his or
3    her certificate of handgun registration is lost, stolen,
4    destroyed, or otherwise missing.
5    (i-5) Every person issued a certificate of handgun
6registration shall notify the Department in a manner prescribed
7by the Department within 72 hours of any of the following
8events:
9        (1) a change in any of the information appearing on the
10    certificate of handgun registration;
11        (2) the sale, transfer, inheritance, or other
12    disposition of the registered handgun.
13    (j) Every person issued a certificate of handgun
14registration, in addition to any other requirements of this
15Section, shall immediately return to the Department his or her
16copy of the certificate of handgun registration for any handgun
17which is lost, stolen, destroyed, or otherwise disposed of.
18    (k) If an owner transfers ownership of a handgun, he or she
19shall execute to the transferee, at the time of the delivery of
20the handgun, an assignment of registration in the space
21provided on the certificate of handgun registration, and shall
22cause the certificate and assignment to be delivered to the
23transferee.
24    (k-5) In the case of a federally licensed firearm dealer
25making a sale of a new handgun, the dealer shall submit the
26application described in subsection (c) of this Section along

 

 

09700HB5831ham004- 37 -LRB097 18967 RLC 67506 a

1with the required fee to the Department on the purchaser's
2behalf within 20 days from the date of sale. If the purchaser
3does not receive an original certificate of handgun
4registration or a written denial of the application submitted
5on his or her behalf by the dealer within 50 days from the date
6of purchase, the purchaser shall inquire to the Department
7regarding the status of his or her application.
8    (l) Within 20 days after the delivery to a transferee of a
9handgun or the delivery of the certificate and assignment,
10whichever occurs sooner, the transferee shall execute the
11application for a new certificate of handgun registration in
12the space provided on the certificate and cause the certificate
13and application to be mailed or delivered to the Department.
14    (m) No transferee shall knowingly accept ownership of a
15handgun from a transferor who has failed to obtain a
16certificate of handgun registration in violation of this
17Section, or who fails to execute an assignment of registration
18to the transferee as required by subsection (k) of this
19Section.
20    (n) Any person who accepts delivery of a handgun that has
21not been previously registered and assigned to the transferee
22shall file an application for an original certificate of
23handgun registration within 20 days after taking possession of
24the handgun. Any person who owns a handgun on the effective
25date of this amendatory Act of the 97th General Assembly shall
26file an application for an original certificate of handgun

 

 

09700HB5831ham004- 38 -LRB097 18967 RLC 67506 a

1registration not later than 90 days after the effective date of
2this amendatory Act of the 97th General Assembly.
3    (o) Transfer of ownership of a registered handgun shall not
4be considered complete until the transferee has complied with
5subsection (l) of this Section, provided that a transferor who
6has complied with subsections (i) and (k) of this Section, and
7has complied with the requirements of Section 3 and 3.1, if
8applicable, shall not be liable as an owner by virtue of the
9transferee's failure to comply with subsection (l) for damages
10arising out of use of the handgun.
11    (p) The Department has authority to deny an application for
12or to revoke and seize a certificate of handgun registration
13previously issued under this Section if the Department finds
14that:
15        (1) the person does not possess a valid Firearm Owner's
16    Identification Card;
17        (2) false or misleading information was submitted to
18    the Department in connection with the application; or
19        (3) the handgun is unlawful for the applicant to own.
20    (q) The Department of State Police and local law
21enforcement may exchange any information that is necessary for
22the proper administration of this Section unless the exchange
23is specifically prohibited by State or federal law.
24    (r) Whenever an application for a Certificate of Handgun
25Registration is denied, whenever the Department fails to act on
26an application within 30 days of its receipt, or whenever such

 

 

09700HB5831ham004- 39 -LRB097 18967 RLC 67506 a

1a certificate is revoked or seized, the aggrieved party may
2appeal to the Director of the Department of State Police for a
3hearing upon such denial, failure to act, revocation or
4seizure, unless the denial, failure to act, revocation, or
5seizure was based upon a forcible felony, stalking, aggravated
6stalking, domestic battery, any violation of the Illinois
7Controlled Substances Act, the Methamphetamine Control and
8Community Protection Act, or the Cannabis Control Act that is
9classified as a Class 2 or greater felony, any felony violation
10of Article 24 of the Criminal Code of 1961, or any adjudication
11as a delinquent minor for the commission of an offense that if
12committed by an adult would be a felony, in which case the
13aggrieved party may petition the circuit court in writing in
14the county of his or her residence for a hearing upon such
15denial, failure to act, revocation, or seizure.
16        (1) At least 30 days before any hearing in the circuit
17    court, the petitioner shall serve the relevant State's
18    Attorney with a copy of the petition. The State's Attorney
19    may object to the petition and present evidence. At the
20    hearing the court shall determine whether substantial
21    justice has been done. Should the court determine that
22    substantial justice has not been done, the court shall
23    issue an order directing the Department of State Police to
24    issue a Certificate.
25        (2) Any person prohibited from possessing a firearm
26    under Sections 24-1.1 or 24-3.1 of the Criminal Code of

 

 

09700HB5831ham004- 40 -LRB097 18967 RLC 67506 a

1    1961 or acquiring a Certificate of Handgun Registration
2    under Section 3.4 of this Act may apply to the Director of
3    the Department of State Police or petition the circuit
4    court in the county where the petitioner resides, whichever
5    is applicable in accordance with this subsection (r),
6    requesting relief from such prohibition and the Director or
7    court may grant such relief if it is established by the
8    applicant to the court's or Director's satisfaction that:
9            (A) when in the circuit court, the State's Attorney
10        has been served with a written copy of the petition at
11        least 30 days before any such hearing in the circuit
12        court and at the hearing the State's Attorney was
13        afforded an opportunity to present evidence and object
14        to the petition;
15            (B) the applicant has not been convicted of a
16        forcible felony under the laws of this State or any
17        other jurisdiction within 20 years of the applicant's
18        application for a Firearm Owner's Identification Card,
19        or at least 20 years have passed since the end of any
20        period of imprisonment imposed in relation to that
21        conviction;
22            (C) the circumstances regarding a criminal
23        conviction, where applicable, the applicant's criminal
24        history and his reputation are such that the applicant
25        will not be likely to act in a manner dangerous to
26        public safety; and

 

 

09700HB5831ham004- 41 -LRB097 18967 RLC 67506 a

1            (D) granting relief would not be contrary to the
2        public interest.
3        (3) When a minor is adjudicated delinquent for an
4    offense which if committed by an adult would be a felony,
5    the court shall notify the Department of State Police.
6        (4) The court shall review the denial of an application
7    or the revocation of a Certificate of Handgun Registration
8    of a person who has been adjudicated delinquent for an
9    offense that if committed by an adult would be a felony if
10    an application for relief has been filed at least 10 years
11    after the adjudication of delinquency and the court
12    determines that the applicant should be granted relief from
13    disability to obtain a Certificate of Handgun
14    Registration. If the court grants relief, the court shall
15    notify the Department of State Police that the disability
16    has been removed and that the applicant is eligible to
17    obtain a Certificate of Handgun Registration.
18        (5) Any person who is prohibited from possessing a
19    firearm under 18 U.S.C. 922(d)(4) and 922(g)(4) of the
20    federal Gun Control Act of 1968 may apply to the Department
21    of State Police requesting relief from such prohibition and
22    the Director shall grant such relief if it is established
23    to the Director's satisfaction that the person will not be
24    likely to act in a manner dangerous to public safety and
25    granting relief would not be contrary to the public
26    interest.

 

 

09700HB5831ham004- 42 -LRB097 18967 RLC 67506 a

1    (s) Notwithstanding any other provision of law, including
2the Freedom of Information Act, it is the public policy of this
3State that the names and information of people who have applied
4for or received certificates of handgun registration under this
5Section are considered private and shall not be disclosed. No
6State or local law enforcement agency shall provide the names
7and information of holders of or applicants for certificates of
8handgun registration, except that the Department may provide
9confirmation that an individual has or has not been issued,
10applied for, or denied a certificate of handgun registration in
11connection with a criminal investigation.
 
12    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
13    Sec. 4. (a) Each applicant for a Firearm Owner's
14Identification Card must:
15        (1) Make application on blank forms prepared and
16    furnished at convenient locations throughout the State by
17    the Department of State Police, or by electronic means, if
18    and when made available by the Department of State Police;
19    and
20        (2) Submit evidence to the Department of State Police
21    that:
22            (i) He or she is 21 years of age or over, or if he
23        or she is under 21 years of age that he or she has the
24        written consent of his or her parent or legal guardian
25        to possess and acquire firearms and firearm ammunition

 

 

09700HB5831ham004- 43 -LRB097 18967 RLC 67506 a

1        and that he or she has never been convicted of a
2        misdemeanor other than a traffic offense or adjudged
3        delinquent, provided, however, that such parent or
4        legal guardian is not an individual prohibited from
5        having a Firearm Owner's Identification Card and files
6        an affidavit with the Department as prescribed by the
7        Department stating that he or she is not an individual
8        prohibited from having a Card;
9            (ii) He or she has not been convicted of a felony
10        under the laws of this or any other jurisdiction;
11            (iii) He or she is not addicted to narcotics;
12            (iv) He or she has not been a patient in a mental
13        institution within the past 5 years and he or she has
14        not been adjudicated as a mental defective;
15            (v) He or she is not intellectually disabled;
16            (vi) He or she is not an alien who is unlawfully
17        present in the United States under the laws of the
18        United States;
19            (vii) He or she is not subject to an existing order
20        of protection prohibiting him or her from possessing a
21        firearm;
22            (viii) He or she has not been convicted within the
23        past 5 years of battery, assault, aggravated assault,
24        violation of an order of protection, or a substantially
25        similar offense in another jurisdiction, in which a
26        firearm was used or possessed;

 

 

09700HB5831ham004- 44 -LRB097 18967 RLC 67506 a

1            (ix) He or she has not been convicted of domestic
2        battery, aggravated domestic battery, or a
3        substantially similar offense in another jurisdiction
4        committed before, on or after January 1, 2012 (the
5        effective date of Public Act 97-158) this amendatory
6        Act of the 97th General Assembly;
7            (x) (Blank);
8            (xi) He or she is not an alien who has been
9        admitted to the United States under a non-immigrant
10        visa (as that term is defined in Section 101(a)(26) of
11        the Immigration and Nationality Act (8 U.S.C.
12        1101(a)(26))), or that he or she is an alien who has
13        been lawfully admitted to the United States under a
14        non-immigrant visa if that alien is:
15                (1) admitted to the United States for lawful
16            hunting or sporting purposes;
17                (2) an official representative of a foreign
18            government who is:
19                    (A) accredited to the United States
20                Government or the Government's mission to an
21                international organization having its
22                headquarters in the United States; or
23                    (B) en route to or from another country to
24                which that alien is accredited;
25                (3) an official of a foreign government or
26            distinguished foreign visitor who has been so

 

 

09700HB5831ham004- 45 -LRB097 18967 RLC 67506 a

1            designated by the Department of State;
2                (4) a foreign law enforcement officer of a
3            friendly foreign government entering the United
4            States on official business; or
5                (5) one who has received a waiver from the
6            Attorney General of the United States pursuant to
7            18 U.S.C. 922(y)(3);
8            (xii) He or she is not a minor subject to a
9        petition filed under Section 5-520 of the Juvenile
10        Court Act of 1987 alleging that the minor is a
11        delinquent minor for the commission of an offense that
12        if committed by an adult would be a felony; and
13            (xiii) He or she is not an adult who had been
14        adjudicated a delinquent minor under the Juvenile
15        Court Act of 1987 for the commission of an offense that
16        if committed by an adult would be a felony; and
17        (3) Upon request by the Department of State Police,
18    sign a release on a form prescribed by the Department of
19    State Police waiving any right to confidentiality and
20    requesting the disclosure to the Department of State Police
21    of limited mental health institution admission information
22    from another state, the District of Columbia, any other
23    territory of the United States, or a foreign nation
24    concerning the applicant for the sole purpose of
25    determining whether the applicant is or was a patient in a
26    mental health institution and disqualified because of that

 

 

09700HB5831ham004- 46 -LRB097 18967 RLC 67506 a

1    status from receiving a Firearm Owner's Identification
2    Card. No mental health care or treatment records may be
3    requested. The information received shall be destroyed
4    within one year of receipt.
5    (a-5) Each applicant for a Firearm Owner's Identification
6Card who is over the age of 18 shall furnish to the Department
7of State Police either his or her driver's license number or
8Illinois Identification Card number.
9    (a-10) Each applicant for a Firearm Owner's Identification
10Card, who is employed as an armed security officer at a nuclear
11energy, storage, weapons, or development facility regulated by
12the Nuclear Regulatory Commission and who is not an Illinois
13resident, shall furnish to the Department of State Police his
14or her driver's license number or state identification card
15number from his or her state of residence. The Department of
16State Police may promulgate rules to enforce the provisions of
17this subsection (a-10).
18    (b) Each application form shall include the following
19statement printed in bold type: "Warning: Entering false
20information on an application for a Firearm Owner's
21Identification Card is punishable as a Class 2 felony in
22accordance with subsection (d-5) of Section 14 of the Firearm
23Owners Identification Card and Certificate of Handgun
24Registration Act.".
25    (c) Upon such written consent, pursuant to Section 4,
26paragraph (a)(2)(i), the parent or legal guardian giving the

 

 

09700HB5831ham004- 47 -LRB097 18967 RLC 67506 a

1consent shall be liable for any damages resulting from the
2applicant's use of firearms or firearm ammunition.
3(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; revised
410-4-11.)
 
5    (430 ILCS 65/6.1)
6    Sec. 6.1. Altered, forged or counterfeit Firearm Owner's
7Identification Cards.
8    (a) Any person who forges or materially alters a Firearm
9Owner's Identification Card or certificate of handgun
10registration or who counterfeits a Firearm Owner's
11Identification Card or certificate of handgun registration
12commits a Class 2 felony.
13    (b) Any person who knowingly possesses a forged or
14materially altered Firearm Owner's Identification Card or
15certificate of handgun registration with the intent to use it
16commits a Class 2 felony. A person who possesses a Firearm
17Owner's Identification Card or certificate of handgun
18registration with knowledge that it is counterfeit commits a
19Class 2 felony.
20(Source: P.A. 92-414, eff. 1-1-02.)
 
21    (430 ILCS 65/14)  (from Ch. 38, par. 83-14)
22    Sec. 14. Sentence.
23    (a) A violation of paragraph (1) of subsection (a) of
24Section 2, when the person's Firearm Owner's Identification

 

 

09700HB5831ham004- 48 -LRB097 18967 RLC 67506 a

1Card is expired but the person is not otherwise disqualified
2from renewing the card, is a Class A misdemeanor.
3    (b) Except as provided in subsection (a) with respect to an
4expired card, a violation of paragraph (1) of subsection (a) of
5Section 2 is a Class A misdemeanor when the person does not
6possess a currently valid Firearm Owner's Identification Card,
7but is otherwise eligible under this Act. A second or
8subsequent violation is a Class 4 felony.
9    (c) A violation of paragraph (1) of subsection (a) of
10Section 2 is a Class 3 felony when:
11        (1) the person's Firearm Owner's Identification Card
12    is revoked or subject to revocation under Section 8; or
13        (2) the person's Firearm Owner's Identification Card
14    is expired and not otherwise eligible for renewal under
15    this Act; or
16        (3) the person does not possess a currently valid
17    Firearm Owner's Identification Card, and the person is not
18    otherwise eligible under this Act.
19    (d) A violation of subsection (a) of Section 3 is a Class 4
20felony. A third or subsequent conviction is a Class 1 felony.
21    (d-5) Any person who knowingly enters false information on
22an application for a Firearm Owner's Identification Card or a
23certificate of handgun registration, who knowingly gives a
24false answer to any question on the application, or who
25knowingly submits false evidence in connection with an
26application is guilty of a Class 2 felony.

 

 

09700HB5831ham004- 49 -LRB097 18967 RLC 67506 a

1    (e) Except as provided by Section 6.1 of this Act, any
2other violation of this Act is a Class A misdemeanor.
3(Source: P.A. 91-694, eff. 4-13-00; 92-414, eff. 1-1-02;
492-442, eff. 8-17-01; 92-651, eff. 7-11-02.)
 
5    Section 35. The Clerks of Courts Act is amended by changing
6Section 27.3a as follows:
 
7    (705 ILCS 105/27.3a)
8    (Text of Section after amendment by P.A. 97-46)
9    Sec. 27.3a. Fees for automated record keeping and State and
10Conservation Police operations.
11    1. The expense of establishing and maintaining automated
12record keeping systems in the offices of the clerks of the
13circuit court shall be borne by the county. To defray such
14expense in any county having established such an automated
15system or which elects to establish such a system, the county
16board may require the clerk of the circuit court in their
17county to charge and collect a court automation fee of not less
18than $1 nor more than $15 to be charged and collected by the
19clerk of the court. Such fee shall be paid at the time of
20filing the first pleading, paper or other appearance filed by
21each party in all civil cases or by the defendant in any
22felony, traffic, misdemeanor, municipal ordinance, or
23conservation case upon a judgment of guilty or grant of
24supervision, provided that the record keeping system which

 

 

09700HB5831ham004- 50 -LRB097 18967 RLC 67506 a

1processes the case category for which the fee is charged is
2automated or has been approved for automation by the county
3board, and provided further that no additional fee shall be
4required if more than one party is presented in a single
5pleading, paper or other appearance. Such fee shall be
6collected in the manner in which all other fees or costs are
7collected.
8    1.5. Starting on the effective date of this amendatory Act
9of the 96th General Assembly, a clerk of the circuit court in
10any county that imposes a fee pursuant to subsection 1 of this
11Section, shall charge and collect an additional fee in an
12amount equal to the amount of the fee imposed pursuant to
13subsection 1 of this Section. This additional fee shall be paid
14by the defendant in any felony, traffic, misdemeanor, or local
15ordinance case upon a judgment of guilty or grant of
16supervision. This fee shall not be paid by the defendant for
17any conservation violation listed in subsection 1.6 of this
18Section.
19    1.6. Starting on July 1, 2012 (the effective date of Public
20Act 97-46) this amendatory Act of the 97th General Assembly, a
21clerk of the circuit court in any county that imposes a fee
22pursuant to subsection 1 of this Section shall charge and
23collect an additional fee in an amount equal to the amount of
24the fee imposed pursuant to subsection 1 of this Section. This
25additional fee shall be paid by the defendant upon a judgment
26of guilty or grant of supervision for a conservation violation

 

 

09700HB5831ham004- 51 -LRB097 18967 RLC 67506 a

1under the State Parks Act, the Recreational Trails of Illinois
2Act, the Illinois Explosives Act, the Timber Buyers Licensing
3Act, the Forest Products Transportation Act, the Firearm Owners
4Identification Card and Certificate of Handgun Registration
5Act, the Environmental Protection Act, the Fish and Aquatic
6Life Code, the Wildlife Code, the Cave Protection Act, the
7Illinois Exotic Weed Act, the Illinois Forestry Development
8Act, the Ginseng Harvesting Act, the Illinois Lake Management
9Program Act, the Illinois Natural Areas Preservation Act, the
10Illinois Open Land Trust Act, the Open Space Lands Acquisition
11and Development Act, the Illinois Prescribed Burning Act, the
12State Forest Act, the Water Use Act of 1983, the Illinois Youth
13and Young Adult Employment Act of 1986, the Snowmobile
14Registration and Safety Act, the Boat Registration and Safety
15Act, the Illinois Dangerous Animals Act, the Hunter and
16Fishermen Interference Prohibition Act, the Wrongful Tree
17Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427,
1811-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of
19the Illinois Vehicle Code.
20    2. With respect to the fee imposed under subsection 1 of
21this Section, each clerk shall commence such charges and
22collections upon receipt of written notice from the chairman of
23the county board together with a certified copy of the board's
24resolution, which the clerk shall file of record in his office.
25    3. With respect to the fee imposed under subsection 1 of
26this Section, such fees shall be in addition to all other fees

 

 

09700HB5831ham004- 52 -LRB097 18967 RLC 67506 a

1and charges of such clerks, and assessable as costs, and may be
2waived only if the judge specifically provides for the waiver
3of the court automation fee. The fees shall be remitted monthly
4by such clerk to the county treasurer, to be retained by him in
5a special fund designated as the court automation fund. The
6fund shall be audited by the county auditor, and the board
7shall make expenditure from the fund in payment of any cost
8related to the automation of court records, including hardware,
9software, research and development costs and personnel related
10thereto, provided that the expenditure is approved by the clerk
11of the court and by the chief judge of the circuit court or his
12designate.
13    4. With respect to the fee imposed under subsection 1 of
14this Section, such fees shall not be charged in any matter
15coming to any such clerk on change of venue, nor in any
16proceeding to review the decision of any administrative
17officer, agency or body.
18    5. With respect to the additional fee imposed under
19subsection 1.5 of this Section, the fee shall be remitted by
20the circuit clerk to the State Treasurer within one month after
21receipt for deposit into the State Police Operations Assistance
22Fund.
23    6. With respect to the additional fees imposed under
24subsection 1.5 of this Section, the Director of State Police
25may direct the use of these fees for homeland security purposes
26by transferring these fees on a quarterly basis from the State

 

 

09700HB5831ham004- 53 -LRB097 18967 RLC 67506 a

1Police Operations Assistance Fund into the Illinois Law
2Enforcement Alarm Systems (ILEAS) Fund for homeland security
3initiatives programs. The transferred fees shall be allocated,
4subject to the approval of the ILEAS Executive Board, as
5follows: (i) 66.6% shall be used for homeland security
6initiatives and (ii) 33.3% shall be used for airborne
7operations. The ILEAS Executive Board shall annually supply the
8Director of State Police with a report of the use of these
9fees.
10    7. 6. With respect to the additional fee imposed under
11subsection 1.6 of this Section, the fee shall be remitted by
12the circuit clerk to the State Treasurer within one month after
13receipt for deposit into the Conservation Police Operations
14Assistance Fund.
15(Source: P.A. 96-1029, eff. 7-13-10; 97-46, eff. 7-1-12;
1697-453, eff. 8-19-11; revised 10-4-11.)
 
17    Section 40. The Criminal Code of 1961 is amended by
18changing Sections 2-7.1, 2-7.5, 11-20.1, 12-3.05, 17-30,
1917B-0.05, 24-1.1, 24-1.6, 24-3, 24-3.2, 24-3.4, 24-3.5, and
2024-9 as follows:
 
21    (720 ILCS 5/2-7.1)
22    Sec. 2-7.1. "Firearm" and "firearm ammunition". "Firearm"
23and "firearm ammunition" have the meanings ascribed to them in
24Section 1.1 of the Firearm Owners Identification Card and

 

 

09700HB5831ham004- 54 -LRB097 18967 RLC 67506 a

1Certificate of Handgun Registration Act.
2(Source: P.A. 91-544, eff. 1-1-00.)
 
3    (720 ILCS 5/2-7.5)
4    Sec. 2-7.5. "Firearm". Except as otherwise provided in a
5specific Section, "firearm" has the meaning ascribed to it in
6Section 1.1 of the Firearm Owners Identification Card and
7Certificate of Handgun Registration Act.
8(Source: P.A. 95-331, eff. 8-21-07.)
 
9    (720 ILCS 5/11-20.1)  (from Ch. 38, par. 11-20.1)
10    Sec. 11-20.1. Child pornography.
11    (a) A person commits child pornography who:
12        (1) films, videotapes, photographs, or otherwise
13    depicts or portrays by means of any similar visual medium
14    or reproduction or depicts by computer any child whom he or
15    she knows or reasonably should know to be under the age of
16    18 and at least 13 years of age or any severely or
17    profoundly intellectually disabled person where such child
18    or severely or profoundly intellectually disabled person
19    is:
20            (i) actually or by simulation engaged in any act of
21        sexual penetration or sexual conduct with any person or
22        animal; or
23            (ii) actually or by simulation engaged in any act
24        of sexual penetration or sexual conduct involving the

 

 

09700HB5831ham004- 55 -LRB097 18967 RLC 67506 a

1        sex organs of the child or severely or profoundly
2        intellectually disabled person and the mouth, anus, or
3        sex organs of another person or animal; or which
4        involves the mouth, anus or sex organs of the child or
5        severely or profoundly intellectually disabled person
6        and the sex organs of another person or animal; or
7            (iii) actually or by simulation engaged in any act
8        of masturbation; or
9            (iv) actually or by simulation portrayed as being
10        the object of, or otherwise engaged in, any act of lewd
11        fondling, touching, or caressing involving another
12        person or animal; or
13            (v) actually or by simulation engaged in any act of
14        excretion or urination within a sexual context; or
15            (vi) actually or by simulation portrayed or
16        depicted as bound, fettered, or subject to sadistic,
17        masochistic, or sadomasochistic abuse in any sexual
18        context; or
19            (vii) depicted or portrayed in any pose, posture or
20        setting involving a lewd exhibition of the unclothed or
21        transparently clothed genitals, pubic area, buttocks,
22        or, if such person is female, a fully or partially
23        developed breast of the child or other person; or
24        (2) with the knowledge of the nature or content
25    thereof, reproduces, disseminates, offers to disseminate,
26    exhibits or possesses with intent to disseminate any film,

 

 

09700HB5831ham004- 56 -LRB097 18967 RLC 67506 a

1    videotape, photograph or other similar visual reproduction
2    or depiction by computer of any child or severely or
3    profoundly intellectually disabled person whom the person
4    knows or reasonably should know to be under the age of 18
5    and at least 13 years of age or to be a severely or
6    profoundly intellectually disabled person, engaged in any
7    activity described in subparagraphs (i) through (vii) of
8    paragraph (1) of this subsection; or
9        (3) with knowledge of the subject matter or theme
10    thereof, produces any stage play, live performance, film,
11    videotape or other similar visual portrayal or depiction by
12    computer which includes a child whom the person knows or
13    reasonably should know to be under the age of 18 and at
14    least 13 years of age or a severely or profoundly
15    intellectually disabled person engaged in any activity
16    described in subparagraphs (i) through (vii) of paragraph
17    (1) of this subsection; or
18        (4) solicits, uses, persuades, induces, entices, or
19    coerces any child whom he or she knows or reasonably should
20    know to be under the age of 18 and at least 13 years of age
21    or a severely or profoundly intellectually disabled person
22    to appear in any stage play, live presentation, film,
23    videotape, photograph or other similar visual reproduction
24    or depiction by computer in which the child or severely or
25    profoundly intellectually disabled person is or will be
26    depicted, actually or by simulation, in any act, pose or

 

 

09700HB5831ham004- 57 -LRB097 18967 RLC 67506 a

1    setting described in subparagraphs (i) through (vii) of
2    paragraph (1) of this subsection; or
3        (5) is a parent, step-parent, legal guardian or other
4    person having care or custody of a child whom the person
5    knows or reasonably should know to be under the age of 18
6    and at least 13 years of age or a severely or profoundly
7    intellectually disabled person and who knowingly permits,
8    induces, promotes, or arranges for such child or severely
9    or profoundly intellectually disabled person to appear in
10    any stage play, live performance, film, videotape,
11    photograph or other similar visual presentation, portrayal
12    or simulation or depiction by computer of any act or
13    activity described in subparagraphs (i) through (vii) of
14    paragraph (1) of this subsection; or
15        (6) with knowledge of the nature or content thereof,
16    possesses any film, videotape, photograph or other similar
17    visual reproduction or depiction by computer of any child
18    or severely or profoundly intellectually disabled person
19    whom the person knows or reasonably should know to be under
20    the age of 18 and at least 13 years of age or to be a
21    severely or profoundly intellectually disabled person,
22    engaged in any activity described in subparagraphs (i)
23    through (vii) of paragraph (1) of this subsection; or
24        (7) solicits, or knowingly uses, persuades, induces,
25    entices, or coerces, a person to provide a child under the
26    age of 18 and at least 13 years of age or a severely or

 

 

09700HB5831ham004- 58 -LRB097 18967 RLC 67506 a

1    profoundly intellectually disabled person to appear in any
2    videotape, photograph, film, stage play, live
3    presentation, or other similar visual reproduction or
4    depiction by computer in which the child or severely or
5    profoundly intellectually disabled person will be
6    depicted, actually or by simulation, in any act, pose, or
7    setting described in subparagraphs (i) through (vii) of
8    paragraph (1) of this subsection.
9    (b) (1) It shall be an affirmative defense to a charge of
10    child pornography that the defendant reasonably believed,
11    under all of the circumstances, that the child was 18 years
12    of age or older or that the person was not a severely or
13    profoundly intellectually disabled person but only where,
14    prior to the act or acts giving rise to a prosecution under
15    this Section, he or she took some affirmative action or
16    made a bonafide inquiry designed to ascertain whether the
17    child was 18 years of age or older or that the person was
18    not a severely or profoundly intellectually disabled
19    person and his or her reliance upon the information so
20    obtained was clearly reasonable.
21        (1.5) Telecommunications carriers, commercial mobile
22    service providers, and providers of information services,
23    including, but not limited to, Internet service providers
24    and hosting service providers, are not liable under this
25    Section by virtue of the transmission, storage, or caching
26    of electronic communications or messages of others or by

 

 

09700HB5831ham004- 59 -LRB097 18967 RLC 67506 a

1    virtue of the provision of other related
2    telecommunications, commercial mobile services, or
3    information services used by others in violation of this
4    Section.
5        (2) (Blank).
6        (3) The charge of child pornography shall not apply to
7    the performance of official duties by law enforcement or
8    prosecuting officers or persons employed by law
9    enforcement or prosecuting agencies, court personnel or
10    attorneys, nor to bonafide treatment or professional
11    education programs conducted by licensed physicians,
12    psychologists or social workers.
13        (4) If the defendant possessed more than one of the
14    same film, videotape or visual reproduction or depiction by
15    computer in which child pornography is depicted, then the
16    trier of fact may infer that the defendant possessed such
17    materials with the intent to disseminate them.
18        (5) The charge of child pornography does not apply to a
19    person who does not voluntarily possess a film, videotape,
20    or visual reproduction or depiction by computer in which
21    child pornography is depicted. Possession is voluntary if
22    the defendant knowingly procures or receives a film,
23    videotape, or visual reproduction or depiction for a
24    sufficient time to be able to terminate his or her
25    possession.
26        (6) Any violation of paragraph (1), (2), (3), (4), (5),

 

 

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1    or (7) of subsection (a) that includes a child engaged in,
2    solicited for, depicted in, or posed in any act of sexual
3    penetration or bound, fettered, or subject to sadistic,
4    masochistic, or sadomasochistic abuse in a sexual context
5    shall be deemed a crime of violence.
6    (c) If the violation does not involve a film, videotape, or
7other moving depiction, a violation of paragraph (1), (4), (5),
8or (7) of subsection (a) is a Class 1 felony with a mandatory
9minimum fine of $2,000 and a maximum fine of $100,000. If the
10violation involves a film, videotape, or other moving
11depiction, a violation of paragraph (1), (4), (5), or (7) of
12subsection (a) is a Class X felony with a mandatory minimum
13fine of $2,000 and a maximum fine of $100,000. If the violation
14does not involve a film, videotape, or other moving depiction,
15a violation of paragraph (3) of subsection (a) is a Class 1
16felony with a mandatory minimum fine of $1500 and a maximum
17fine of $100,000. If the violation involves a film, videotape,
18or other moving depiction, a violation of paragraph (3) of
19subsection (a) is a Class X felony with a mandatory minimum
20fine of $1500 and a maximum fine of $100,000. If the violation
21does not involve a film, videotape, or other moving depiction,
22a violation of paragraph (2) of subsection (a) is a Class 1
23felony with a mandatory minimum fine of $1000 and a maximum
24fine of $100,000. If the violation involves a film, videotape,
25or other moving depiction, a violation of paragraph (2) of
26subsection (a) is a Class X felony with a mandatory minimum

 

 

09700HB5831ham004- 61 -LRB097 18967 RLC 67506 a

1fine of $1000 and a maximum fine of $100,000. If the violation
2does not involve a film, videotape, or other moving depiction,
3a violation of paragraph (6) of subsection (a) is a Class 3
4felony with a mandatory minimum fine of $1000 and a maximum
5fine of $100,000. If the violation involves a film, videotape,
6or other moving depiction, a violation of paragraph (6) of
7subsection (a) is a Class 2 felony with a mandatory minimum
8fine of $1000 and a maximum fine of $100,000.
9    (d) If a person is convicted of a second or subsequent
10violation of this Section within 10 years of a prior
11conviction, the court shall order a presentence psychiatric
12examination of the person. The examiner shall report to the
13court whether treatment of the person is necessary.
14    (e) Any film, videotape, photograph or other similar visual
15reproduction or depiction by computer which includes a child
16under the age of 18 and at least 13 years of age or a severely
17or profoundly intellectually disabled person engaged in any
18activity described in subparagraphs (i) through (vii) or
19paragraph 1 of subsection (a), and any material or equipment
20used or intended for use in photographing, filming, printing,
21producing, reproducing, manufacturing, projecting, exhibiting,
22depiction by computer, or disseminating such material shall be
23seized and forfeited in the manner, method and procedure
24provided by Section 36-1 of this Code for the seizure and
25forfeiture of vessels, vehicles and aircraft.
26    In addition, any person convicted under this Section is

 

 

09700HB5831ham004- 62 -LRB097 18967 RLC 67506 a

1subject to the property forfeiture provisions set forth in
2Article 124B of the Code of Criminal Procedure of 1963.
3    (e-5) Upon the conclusion of a case brought under this
4Section, the court shall seal all evidence depicting a victim
5or witness that is sexually explicit. The evidence may be
6unsealed and viewed, on a motion of the party seeking to unseal
7and view the evidence, only for good cause shown and in the
8discretion of the court. The motion must expressly set forth
9the purpose for viewing the material. The State's attorney and
10the victim, if possible, shall be provided reasonable notice of
11the hearing on the motion to unseal the evidence. Any person
12entitled to notice of a hearing under this subsection (e-5) may
13object to the motion.
14    (f) Definitions. For the purposes of this Section:
15        (1) "Disseminate" means (i) to sell, distribute,
16    exchange or transfer possession, whether with or without
17    consideration or (ii) to make a depiction by computer
18    available for distribution or downloading through the
19    facilities of any telecommunications network or through
20    any other means of transferring computer programs or data
21    to a computer.
22        (2) "Produce" means to direct, promote, advertise,
23    publish, manufacture, issue, present or show.
24        (3) "Reproduce" means to make a duplication or copy.
25        (4) "Depict by computer" means to generate or create,
26    or cause to be created or generated, a computer program or

 

 

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1    data that, after being processed by a computer either alone
2    or in conjunction with one or more computer programs,
3    results in a visual depiction on a computer monitor,
4    screen, or display.
5        (5) "Depiction by computer" means a computer program or
6    data that, after being processed by a computer either alone
7    or in conjunction with one or more computer programs,
8    results in a visual depiction on a computer monitor,
9    screen, or display.
10        (6) "Computer", "computer program", and "data" have
11    the meanings ascribed to them in Section 16D-2 of this
12    Code.
13        (7) For the purposes of this Section, "child
14    pornography" includes a film, videotape, photograph, or
15    other similar visual medium or reproduction or depiction by
16    computer that is, or appears to be, that of a person,
17    either in part, or in total, under the age of 18 and at
18    least 13 years of age or a severely or profoundly
19    intellectually disabled mentally retarded person,
20    regardless of the method by which the film, videotape,
21    photograph, or other similar visual medium or reproduction
22    or depiction by computer is created, adopted, or modified
23    to appear as such. "Child pornography" also includes a
24    film, videotape, photograph, or other similar visual
25    medium or reproduction or depiction by computer that is
26    advertised, promoted, presented, described, or distributed

 

 

09700HB5831ham004- 64 -LRB097 18967 RLC 67506 a

1    in such a manner that conveys the impression that the film,
2    videotape, photograph, or other similar visual medium or
3    reproduction or depiction by computer is of a person under
4    the age of 18 and at least 13 years of age or a severely or
5    profoundly intellectually disabled mentally retarded
6    person.
7    (g) Re-enactment; findings; purposes.
8        (1) The General Assembly finds and declares that:
9            (i) Section 50-5 of Public Act 88-680, effective
10        January 1, 1995, contained provisions amending the
11        child pornography statute, Section 11-20.1 of the
12        Criminal Code of 1961. Section 50-5 also contained
13        other provisions.
14            (ii) In addition, Public Act 88-680 was entitled
15        "AN ACT to create a Safe Neighborhoods Law". (A)
16        Article 5 was entitled JUVENILE JUSTICE and amended the
17        Juvenile Court Act of 1987. (B) Article 15 was entitled
18        GANGS and amended various provisions of the Criminal
19        Code of 1961 and the Unified Code of Corrections. (C)
20        Article 20 was entitled ALCOHOL ABUSE and amended
21        various provisions of the Illinois Vehicle Code. (D)
22        Article 25 was entitled DRUG ABUSE and amended the
23        Cannabis Control Act and the Illinois Controlled
24        Substances Act. (E) Article 30 was entitled FIREARMS
25        and amended the Criminal Code of 1961 and the Code of
26        Criminal Procedure of 1963. (F) Article 35 amended the

 

 

09700HB5831ham004- 65 -LRB097 18967 RLC 67506 a

1        Criminal Code of 1961, the Rights of Crime Victims and
2        Witnesses Act, and the Unified Code of Corrections. (G)
3        Article 40 amended the Criminal Code of 1961 to
4        increase the penalty for compelling organization
5        membership of persons. (H) Article 45 created the
6        Secure Residential Youth Care Facility Licensing Act
7        and amended the State Finance Act, the Juvenile Court
8        Act of 1987, the Unified Code of Corrections, and the
9        Private Correctional Facility Moratorium Act. (I)
10        Article 50 amended the WIC Vendor Management Act, the
11        Firearm Owners Identification Card and Certificate of
12        Handgun Registration Act, the Juvenile Court Act of
13        1987, the Criminal Code of 1961, the Wrongs to Children
14        Act, and the Unified Code of Corrections.
15            (iii) On September 22, 1998, the Third District
16        Appellate Court in People v. Dainty, 701 N.E. 2d 118,
17        ruled that Public Act 88-680 violates the single
18        subject clause of the Illinois Constitution (Article
19        IV, Section 8 (d)) and was unconstitutional in its
20        entirety. As of the time this amendatory Act of 1999
21        was prepared, People v. Dainty was still subject to
22        appeal.
23            (iv) Child pornography is a vital concern to the
24        people of this State and the validity of future
25        prosecutions under the child pornography statute of
26        the Criminal Code of 1961 is in grave doubt.

 

 

09700HB5831ham004- 66 -LRB097 18967 RLC 67506 a

1        (2) It is the purpose of this amendatory Act of 1999 to
2    prevent or minimize any problems relating to prosecutions
3    for child pornography that may result from challenges to
4    the constitutional validity of Public Act 88-680 by
5    re-enacting the Section relating to child pornography that
6    was included in Public Act 88-680.
7        (3) This amendatory Act of 1999 re-enacts Section
8    11-20.1 of the Criminal Code of 1961, as it has been
9    amended. This re-enactment is intended to remove any
10    question as to the validity or content of that Section; it
11    is not intended to supersede any other Public Act that
12    amends the text of the Section as set forth in this
13    amendatory Act of 1999. The material is shown as existing
14    text (i.e., without underscoring) because, as of the time
15    this amendatory Act of 1999 was prepared, People v. Dainty
16    was subject to appeal to the Illinois Supreme Court.
17        (4) The re-enactment by this amendatory Act of 1999 of
18    Section 11-20.1 of the Criminal Code of 1961 relating to
19    child pornography that was amended by Public Act 88-680 is
20    not intended, and shall not be construed, to imply that
21    Public Act 88-680 is invalid or to limit or impair any
22    legal argument concerning whether those provisions were
23    substantially re-enacted by other Public Acts.
24(Source: P.A. 96-292, eff. 1-1-10; 96-712, eff. 1-1-10;
2596-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-157, eff.
261-1-12; 97-227, eff. 1-1-12; revised 9-12-11.)
 

 

 

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1    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
2    Sec. 12-3.05. Aggravated battery.
3    (a) Offense based on injury. A person commits aggravated
4battery when, in committing a battery, other than by the
5discharge of a firearm, he or she knowingly does any of the
6following:
7        (1) Causes great bodily harm or permanent disability or
8    disfigurement.
9        (2) Causes severe and permanent disability, great
10    bodily harm, or disfigurement by means of a caustic or
11    flammable substance, a poisonous gas, a deadly biological
12    or chemical contaminant or agent, a radioactive substance,
13    or a bomb or explosive compound.
14        (3) Causes great bodily harm or permanent disability or
15    disfigurement to an individual whom the person knows to be
16    a peace officer, community policing volunteer, fireman,
17    private security officer, correctional institution
18    employee, or Department of Human Services employee
19    supervising or controlling sexually dangerous persons or
20    sexually violent persons:
21            (i) performing his or her official duties;
22            (ii) battered to prevent performance of his or her
23        official duties; or
24            (iii) battered in retaliation for performing his
25        or her official duties.

 

 

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1        (4) Causes great bodily harm or permanent disability or
2    disfigurement to an individual 60 years of age or older.
3        (5) Strangles another individual.
4    (b) Offense based on injury to a child or intellectually
5disabled mentally retarded person. A person who is at least 18
6years of age commits aggravated battery when, in committing a
7battery, he or she knowingly and without legal justification by
8any means:
9        (1) causes great bodily harm or permanent disability or
10    disfigurement to any child under the age of 13 years, or to
11    any severely or profoundly intellectually disabled
12    mentally retarded person; or
13        (2) causes bodily harm or disability or disfigurement
14    to any child under the age of 13 years or to any severely
15    or profoundly intellectually disabled mentally retarded
16    person.
17    (c) Offense based on location of conduct. A person commits
18aggravated battery when, in committing a battery, other than by
19the discharge of a firearm, he or she is or the person battered
20is on or about a public way, public property, a public place of
21accommodation or amusement, a sports venue, or a domestic
22violence shelter.
23    (d) Offense based on status of victim. A person commits
24aggravated battery when, in committing a battery, other than by
25discharge of a firearm, he or she knows the individual battered
26to be any of the following:

 

 

09700HB5831ham004- 69 -LRB097 18967 RLC 67506 a

1        (1) A person 60 years of age or older.
2        (2) A person who is pregnant or physically handicapped.
3        (3) A teacher or school employee upon school grounds or
4    grounds adjacent to a school or in any part of a building
5    used for school purposes.
6        (4) A peace officer, community policing volunteer,
7    fireman, private security officer, correctional
8    institution employee, or Department of Human Services
9    employee supervising or controlling sexually dangerous
10    persons or sexually violent persons:
11            (i) performing his or her official duties;
12            (ii) battered to prevent performance of his or her
13        official duties; or
14            (iii) battered in retaliation for performing his
15        or her official duties.
16        (5) A judge, emergency management worker, emergency
17    medical technician, or utility worker:
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        (6) An officer or employee of the State of Illinois, a
24    unit of local government, or a school district, while
25    performing his or her official duties.
26        (7) A transit employee performing his or her official

 

 

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1    duties, or a transit passenger.
2        (8) A taxi driver on duty.
3        (9) A merchant who detains the person for an alleged
4    commission of retail theft under Section 16-26 of this Code
5    and the person without legal justification by any means
6    causes bodily harm to the merchant.
7        (10) A person authorized to serve process under Section
8    2-202 of the Code of Civil Procedure or a special process
9    server appointed by the circuit court while that individual
10    is in the performance of his or her duties as a process
11    server.
12    (e) Offense based on use of a firearm. A person commits
13aggravated battery when, in committing a battery, he or she
14knowingly does any of the following:
15        (1) Discharges a firearm, other than a machine gun or a
16    firearm equipped with a silencer, and causes any injury to
17    another person.
18        (2) Discharges a firearm, other than a machine gun or a
19    firearm equipped with a silencer, and causes any injury to
20    a person he or she knows to be a peace officer, community
21    policing volunteer, person summoned by a police officer,
22    fireman, private security officer, correctional
23    institution employee, or emergency management worker:
24            (i) performing his or her official duties;
25            (ii) battered to prevent performance of his or her
26        official duties; or

 

 

09700HB5831ham004- 71 -LRB097 18967 RLC 67506 a

1            (iii) battered in retaliation for performing his
2        or her official duties.
3        (3) Discharges a firearm, other than a machine gun or a
4    firearm equipped with a silencer, and causes any injury to
5    a person he or she knows to be an emergency medical
6    technician employed by a municipality or other
7    governmental unit:
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        (4) Discharges a firearm and causes any injury to a
14    person he or she knows to be a teacher, a student in a
15    school, or a school employee, and the teacher, student, or
16    employee is upon school grounds or grounds adjacent to a
17    school or in any part of a building used for school
18    purposes.
19        (5) Discharges a machine gun or a firearm equipped with
20    a silencer, and causes any injury to another person.
21        (6) Discharges a machine gun or a firearm equipped with
22    a silencer, and causes any injury to a person he or she
23    knows to be a peace officer, community policing volunteer,
24    person summoned by a police officer, fireman, private
25    security officer, correctional institution employee or
26    emergency management worker:

 

 

09700HB5831ham004- 72 -LRB097 18967 RLC 67506 a

1            (i) performing his or her official duties;
2            (ii) battered to prevent performance of his or her
3        official duties; or
4            (iii) battered in retaliation for performing his
5        or her official duties.
6        (7) Discharges a machine gun or a firearm equipped with
7    a silencer, and causes any injury to a person he or she
8    knows to be an emergency medical technician employed by a
9    municipality or other governmental unit:
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        (8) Discharges a machine gun or a firearm equipped with
16    a silencer, and causes any injury to a person he or she
17    knows to be a teacher, or a student in a school, or a
18    school employee, and the teacher, student, or employee is
19    upon school grounds or grounds adjacent to a school or in
20    any part of a building used for school purposes.
21    (f) Offense based on use of a weapon or device. A person
22commits aggravated battery when, in committing a battery, he or
23she does any of the following:
24        (1) Uses a deadly weapon other than by discharge of a
25    firearm, or uses an air rifle as defined in the Air Rifle
26    Act.

 

 

09700HB5831ham004- 73 -LRB097 18967 RLC 67506 a

1        (2) Wears a hood, robe, or mask to conceal his or her
2    identity.
3        (3) Knowingly and without lawful justification shines
4    or flashes a laser gunsight or other laser device attached
5    to a firearm, or used in concert with a firearm, so that
6    the laser beam strikes upon or against the person of
7    another.
8    (g) Offense based on certain conduct. A person commits
9aggravated battery when, other than by discharge of a firearm,
10he or she does any of the following:
11        (1) Violates Section 401 of the Illinois Controlled
12    Substances Act by unlawfully delivering a controlled
13    substance to another and any user experiences great bodily
14    harm or permanent disability as a result of the injection,
15    inhalation, or ingestion of any amount of the controlled
16    substance.
17        (2) Knowingly administers to an individual or causes
18    him or her to take, without his or her consent or by threat
19    or deception, and for other than medical purposes, any
20    intoxicating, poisonous, stupefying, narcotic, anesthetic,
21    or controlled substance, or gives to another person any
22    food containing any substance or object intended to cause
23    physical injury if eaten.
24        (3) Knowingly causes or attempts to cause a
25    correctional institution employee or Department of Human
26    Services employee to come into contact with blood, seminal

 

 

09700HB5831ham004- 74 -LRB097 18967 RLC 67506 a

1    fluid, urine, or feces by throwing, tossing, or expelling
2    the fluid or material, and the person is an inmate of a
3    penal institution or is a sexually dangerous person or
4    sexually violent person in the custody of the Department of
5    Human Services.
6    (h) Sentence. Unless otherwise provided, aggravated
7battery is a Class 3 felony.
8    Aggravated battery as defined in subdivision (a)(4),
9(d)(4), or (g)(3) is a Class 2 felony.
10    Aggravated battery as defined in subdivision (a)(3) or
11(g)(1) is a Class 1 felony.
12    Aggravated battery as defined in subdivision (a)(1) is a
13Class 1 felony when the aggravated battery was intentional and
14involved the infliction of torture, as defined in paragraph
15(14) of subsection (b) of Section 9-1 of this Code, as the
16infliction of or subjection to extreme physical pain, motivated
17by an intent to increase or prolong the pain, suffering, or
18agony of the victim.
19    Aggravated battery under subdivision (a)(5) is a Class 1
20felony if:
21        (A) the person used or attempted to use a dangerous
22    instrument while committing the offense; or
23        (B) the person caused great bodily harm or permanent
24    disability or disfigurement to the other person while
25    committing the offense; or
26        (C) the person has been previously convicted of a

 

 

09700HB5831ham004- 75 -LRB097 18967 RLC 67506 a

1    violation of subdivision (a)(5) under the laws of this
2    State or laws similar to subdivision (a)(5) of any other
3    state.
4    Aggravated battery as defined in subdivision (e)(1) is a
5Class X felony.
6    Aggravated battery as defined in subdivision (a)(2) is a
7Class X felony for which a person shall be sentenced to a term
8of imprisonment of a minimum of 6 years and a maximum of 45
9years.
10    Aggravated battery as defined in subdivision (e)(5) is a
11Class X felony for which a person shall be sentenced to a term
12of imprisonment of a minimum of 12 years and a maximum of 45
13years.
14    Aggravated battery as defined in subdivision (e)(2),
15(e)(3), or (e)(4) is a Class X felony for which a person shall
16be sentenced to a term of imprisonment of a minimum of 15 years
17and a maximum of 60 years.
18    Aggravated battery as defined in subdivision (e)(6),
19(e)(7), or (e)(8) is a Class X felony for which a person shall
20be sentenced to a term of imprisonment of a minimum of 20 years
21and a maximum of 60 years.
22    Aggravated battery as defined in subdivision (b)(1) is a
23Class X felony, except that:
24        (1) if the person committed the offense while armed
25    with a firearm, 15 years shall be added to the term of
26    imprisonment imposed by the court;

 

 

09700HB5831ham004- 76 -LRB097 18967 RLC 67506 a

1        (2) if, during the commission of the offense, the
2    person personally discharged a firearm, 20 years shall be
3    added to the term of imprisonment imposed by the court;
4        (3) if, during the commission of the offense, the
5    person personally discharged a firearm that proximately
6    caused great bodily harm, permanent disability, permanent
7    disfigurement, or death to another person, 25 years or up
8    to a term of natural life shall be added to the term of
9    imprisonment imposed by the court.
10    (i) Definitions. For the purposes of this Section:
11    "Building or other structure used to provide shelter" has
12the meaning ascribed to "shelter" in Section 1 of the Domestic
13Violence Shelters Act.
14    "Domestic violence" has the meaning ascribed to it in
15Section 103 of the Illinois Domestic Violence Act of 1986.
16    "Domestic violence shelter" means any building or other
17structure used to provide shelter or other services to victims
18or to the dependent children of victims of domestic violence
19pursuant to the Illinois Domestic Violence Act of 1986 or the
20Domestic Violence Shelters Act, or any place within 500 feet of
21such a building or other structure in the case of a person who
22is going to or from such a building or other structure.
23    "Firearm" has the meaning provided under Section 1.1 of the
24Firearm Owners Identification Card and Certificate of Handgun
25Registration Act, and does not include an air rifle as defined
26by Section 1 of the Air Rifle Act.

 

 

09700HB5831ham004- 77 -LRB097 18967 RLC 67506 a

1    "Machine gun" has the meaning ascribed to it in Section
224-1 of this Code.
3    "Merchant" has the meaning ascribed to it in Section 16-0.1
4of this Code.
5    "Strangle" means intentionally impeding the normal
6breathing or circulation of the blood of an individual by
7applying pressure on the throat or neck of that individual or
8by blocking the nose or mouth of that individual.
9(Source: P.A. 96-201, eff. 8-10-09; 96-363, eff. 8-13-09;
1096-1000, eff. 7-2-10; 96-1551, eff. 7-1-11; 97-597, eff.
111-1-12; incorporates 97-227, eff. 1-1-12, 97-313, eff. 1-1-12,
12and 97-467, eff. 1-1-12; revised 10-12-11.)
 
13    (720 ILCS 5/17-30)  (was 720 ILCS 5/16C-2)
14    Sec. 17-30. Defaced, altered, or removed manufacturer or
15owner identification number.
16    (a) Unlawful sale of household appliances. A person commits
17unlawful sale of household appliances when he or she knowingly,
18with the intent to defraud or deceive another, keeps for sale,
19within any commercial context, any household appliance with a
20missing, defaced, obliterated, or otherwise altered
21manufacturer's identification number.
22    (b) Construction equipment identification defacement. A
23person commits construction equipment identification
24defacement when he or she knowingly changes, alters, removes,
25mutilates, or obliterates a permanently affixed serial number,

 

 

09700HB5831ham004- 78 -LRB097 18967 RLC 67506 a

1product identification number, part number, component
2identification number, owner-applied identification, or other
3mark of identification attached to or stamped, inscribed,
4molded, or etched into a machine or other equipment, whether
5stationary or mobile or self-propelled, or a part of such
6machine or equipment, used in the construction, maintenance, or
7demolition of buildings, structures, bridges, tunnels, sewers,
8utility pipes or lines, ditches or open cuts, roads, highways,
9dams, airports, or waterways or in material handling for such
10projects.
11    The trier of fact may infer that the defendant has
12knowingly changed, altered, removed, or obliterated the serial
13number, product identification number, part number, component
14identification number, owner-applied identification number, or
15other mark of identification, if the defendant was in
16possession of any machine or other equipment or a part of such
17machine or equipment used in the construction, maintenance, or
18demolition of buildings, structures, bridges, tunnels, sewers,
19utility pipes or lines, ditches or open cuts, roads, highways,
20dams, airports, or waterways or in material handling for such
21projects upon which any such serial number, product
22identification number, part number, component identification
23number, owner-applied identification number, or other mark of
24identification has been changed, altered, removed, or
25obliterated.
26    (c) Defacement of manufacturer's serial number or

 

 

09700HB5831ham004- 79 -LRB097 18967 RLC 67506 a

1identification mark. A person commits defacement of a
2manufacturer's serial number or identification mark when he or
3she knowingly removes, alters, defaces, covers, or destroys the
4manufacturer's serial number or any other manufacturer's
5number or distinguishing identification mark upon any machine
6or other article of merchandise, other than a motor vehicle as
7defined in Section 1-146 of the Illinois Vehicle Code or a
8firearm as defined in the Firearm Owners Identification Card
9and Certificate of Handgun Registration Act, with the intent of
10concealing or destroying the identity of such machine or other
11article of merchandise.
12    (d) Sentence.
13        (1) A violation of subsection (a) of this Section is a
14    Class 4 felony if the value of the appliance or appliances
15    exceeds $1,000 and a Class B misdemeanor if the value of
16    the appliance or appliances is $1,000 or less.
17        (2) A violation of subsection (b) of this Section is a
18    Class A misdemeanor.
19        (3) A violation of subsection (c) of this Section is a
20    Class B misdemeanor.
21    (e) No liability shall be imposed upon any person for the
22unintentional failure to comply with subsection (a).
23    (f) Definitions. In this Section:
24    "Commercial context" means a continuing business
25enterprise conducted for profit by any person whose primary
26business is the wholesale or retail marketing of household

 

 

09700HB5831ham004- 80 -LRB097 18967 RLC 67506 a

1appliances, or a significant portion of whose business or
2inventory consists of household appliances kept or sold on a
3wholesale or retail basis.
4    "Household appliance" means any gas or electric device or
5machine marketed for use as home entertainment or for
6facilitating or expediting household tasks or chores. The term
7shall include but not necessarily be limited to refrigerators,
8freezers, ranges, radios, television sets, vacuum cleaners,
9toasters, dishwashers, and other similar household items.
10    "Manufacturer's identification number" means any serial
11number or other similar numerical or alphabetical designation
12imprinted upon or attached to or placed, stamped, or otherwise
13imprinted upon or attached to a household appliance or item by
14the manufacturer for purposes of identifying a particular
15appliance or item individually or by lot number.
16(Source: P.A. 96-1551, eff. 7-1-11.)
 
17    (720 ILCS 5/17B-0.05)
18    Sec. 17B-0.05. Re-enactment; findings; purposes.
19    (a) The General Assembly finds and declares that:
20        (1) Section 50-5 of Public Act 88-680, effective
21    January 1, 1995, contained provisions adding the WIC Fraud
22    Article to the Criminal Code of 1961. Section 50-5 also
23    contained other provisions.
24        (2) In addition, Public Act 88-680 was entitled "An Act
25    to create a Safe Neighborhoods Law". (i) Article 5 was

 

 

09700HB5831ham004- 81 -LRB097 18967 RLC 67506 a

1    entitled JUVENILE JUSTICE and amended the Juvenile Court
2    Act of 1987. (ii) Article 15 was entitled GANGS and amended
3    various provisions of the Criminal Code of 1961 and the
4    Unified Code of Corrections. (iii) Article 20 was entitled
5    ALCOHOL ABUSE and amended various provisions of the
6    Illinois Vehicle Code. (iv) Article 25 was entitled DRUG
7    ABUSE and amended the Cannabis Control Act and the Illinois
8    Controlled Substances Act. (v) Article 30 was entitled
9    FIREARMS and amended the Criminal Code of 1961 and the Code
10    of Criminal Procedure of 1963. (vi) Article 35 amended the
11    Criminal Code of 1961, the Rights of Crime Victims and
12    Witnesses Act, and the Unified Code of Corrections. (vii)
13    Article 40 amended the Criminal Code of 1961 to increase
14    the penalty for compelling organization membership of
15    persons. (viii) Article 45 created the Secure Residential
16    Youth Care Facility Licensing Act and amended the State
17    Finance Act, the Juvenile Court Act of 1987, the Unified
18    Code of Corrections, and the Private Correctional Facility
19    Moratorium Act. (ix) Article 50 amended the WIC Vendor
20    Management Act, the Firearm Owners Identification Card and
21    Certificate of Handgun Registration Act, the Juvenile
22    Court Act of 1987, the Criminal Code of 1961, the Wrongs to
23    Children Act, and the Unified Code of Corrections.
24        (3) On September 22, 1998, the Third District Appellate
25    Court in People v. Dainty, 701 N.E. 2d 118, ruled that
26    Public Act 88-680 violates the single subject clause of the

 

 

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1    Illinois Constitution (Article IV, Section 8 (d)) and was
2    unconstitutional in its entirety. As of the time this
3    amendatory Act of 1999 was prepared, People v. Dainty was
4    still subject to appeal.
5        (4) WIC fraud is a vital concern to the people of this
6    State and the validity of future prosecutions under the WIC
7    fraud provisions of the Criminal Code of 1961 is in grave
8    doubt.
9    (b) It is the purpose of this amendatory Act of 1999 to
10prevent or minimize any problems relating to prosecutions for
11WIC fraud that may result from challenges to the constitutional
12validity of Public Act 88-680 by re-enacting the Sections
13relating to WIC fraud that were included in Public Act 88-680.
14    (c) This amendatory Act of 1999 re-enacts Article 17B of
15the Criminal Code of 1961, as it has been amended. This
16re-enactment is intended to remove any question as to the
17validity or content of that Article; it is not intended to
18supersede any other Public Act that amends the text of a
19Section as set forth in this amendatory Act of 1999. Except for
20a grammatical correction in Section 17B-10 and a correction of
21the Section number to Section 17B-30, the material is shown as
22existing text (i.e., without underscoring) because, as of the
23time this amendatory Act of 1999 was prepared, People v. Dainty
24was subject to appeal to the Illinois Supreme Court.
25    (d) The re-enactment by this amendatory Act of 1999 of
26certain Sections relating to WIC fraud that were enacted by

 

 

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1Public Act 88-680 is not intended, and shall not be construed,
2to imply that Public Act 88-680 is invalid or to limit or
3impair any legal argument concerning whether those provisions
4were substantially re-enacted by other Public Acts.
5(Source: P.A. 91-155, eff. 7-16-99.)
 
6    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
7    Sec. 24-1.1. Unlawful Use or Possession of Weapons by
8Felons or Persons in the Custody of the Department of
9Corrections Facilities.
10    (a) It is unlawful for a person to knowingly possess on or
11about his person or on his land or in his own abode or fixed
12place of business any weapon prohibited under Section 24-1 of
13this Act or any firearm or any firearm ammunition if the person
14has been convicted of a felony under the laws of this State or
15any other jurisdiction. This Section shall not apply if the
16person has been granted relief by the Director of the
17Department of State Police under Section 10 of the Firearm
18Owners Identification Card and Certificate of Handgun
19Registration Act.
20    (b) It is unlawful for any person confined in a penal
21institution, which is a facility of the Illinois Department of
22Corrections, to possess any weapon prohibited under Section
2324-1 of this Code or any firearm or firearm ammunition,
24regardless of the intent with which he possesses it.
25    (c) It shall be an affirmative defense to a violation of

 

 

09700HB5831ham004- 84 -LRB097 18967 RLC 67506 a

1subsection (b), that such possession was specifically
2authorized by rule, regulation, or directive of the Illinois
3Department of Corrections or order issued pursuant thereto.
4    (d) The defense of necessity is not available to a person
5who is charged with a violation of subsection (b) of this
6Section.
7    (e) Sentence. Violation of this Section by a person not
8confined in a penal institution shall be a Class 3 felony for
9which the person shall be sentenced to no less than 2 years and
10no more than 10 years and any second or subsequent violation
11shall be a Class 2 felony for which the person shall be
12sentenced to a term of imprisonment of not less than 3 years
13and not more than 14 years. Violation of this Section by a
14person not confined in a penal institution who has been
15convicted of a forcible felony, a felony violation of Article
1624 of this Code or of the Firearm Owners Identification Card
17and Certificate of Handgun Registration Act, stalking or
18aggravated stalking, or a Class 2 or greater felony under the
19Illinois Controlled Substances Act, the Cannabis Control Act,
20or the Methamphetamine Control and Community Protection Act is
21a Class 2 felony for which the person shall be sentenced to not
22less than 3 years and not more than 14 years. Violation of this
23Section by a person who is on parole or mandatory supervised
24release is a Class 2 felony for which the person shall be
25sentenced to not less than 3 years and not more than 14 years.
26Violation of this Section by a person not confined in a penal

 

 

09700HB5831ham004- 85 -LRB097 18967 RLC 67506 a

1institution is a Class X felony when the firearm possessed is a
2machine gun. Any person who violates this Section while
3confined in a penal institution, which is a facility of the
4Illinois Department of Corrections, is guilty of a Class 1
5felony, if he possesses any weapon prohibited under Section
624-1 of this Code regardless of the intent with which he
7possesses it, a Class X felony if he possesses any firearm,
8firearm ammunition or explosive, and a Class X felony for which
9the offender shall be sentenced to not less than 12 years and
10not more than 50 years when the firearm possessed is a machine
11gun. A violation of this Section while wearing or in possession
12of body armor as defined in Section 33F-1 is a Class X felony
13punishable by a term of imprisonment of not less than 10 years
14and not more than 40 years. The possession of each firearm or
15firearm ammunition in violation of this Section constitutes a
16single and separate violation.
17(Source: P.A. 97-237, eff. 1-1-12.)
 
18    (720 ILCS 5/24-1.6)
19    Sec. 24-1.6. Aggravated unlawful use of a weapon.
20    (a) A person commits the offense of aggravated unlawful use
21of a weapon when he or she knowingly:
22        (1) Carries on or about his or her person or in any
23    vehicle or concealed on or about his or her person except
24    when on his or her land or in his or her abode, legal
25    dwelling, or fixed place of business, or on the land or in

 

 

09700HB5831ham004- 86 -LRB097 18967 RLC 67506 a

1    the legal dwelling of another person as an invitee with
2    that person's permission, any pistol, revolver, stun gun or
3    taser or other firearm; or
4        (2) Carries or possesses on or about his or her person,
5    upon any public street, alley, or other public lands within
6    the corporate limits of a city, village or incorporated
7    town, except when an invitee thereon or therein, for the
8    purpose of the display of such weapon or the lawful
9    commerce in weapons, or except when on his or her own land
10    or in his or her own abode, legal dwelling, or fixed place
11    of business, or on the land or in the legal dwelling of
12    another person as an invitee with that person's permission,
13    any pistol, revolver, stun gun or taser or other firearm;
14    and
15        (3) One of the following factors is present:
16            (A) the firearm possessed was uncased, loaded and
17        immediately accessible at the time of the offense; or
18            (B) the firearm possessed was uncased, unloaded
19        and the ammunition for the weapon was immediately
20        accessible at the time of the offense; or
21            (C) the person possessing the firearm has not been
22        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

 

 

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1        by an adult would be a felony; or
2            (E) the person possessing the weapon was engaged in
3        a misdemeanor violation of the Cannabis Control Act, in
4        a misdemeanor violation of the Illinois Controlled
5        Substances Act, or in a misdemeanor violation of the
6        Methamphetamine Control and Community Protection Act;
7        or
8            (F) (blank); or
9            (G) the person possessing the weapon had a order of
10        protection issued against him or her within the
11        previous 2 years; or
12            (H) the person possessing the weapon was engaged in
13        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 as defined
18        in Section 24-3, unless the person under 21 is engaged
19        in lawful activities under the Wildlife Code or
20        described in subsection 24-2(b)(1), (b)(3), or
21        24-2(f).
22    (b) "Stun gun or taser" as used in this Section has the
23same definition given to it in Section 24-1 of this Code.
24    (c) This Section does not apply to or affect the
25transportation or possession of weapons that:
26            (i) are broken down in a non-functioning state; or

 

 

09700HB5831ham004- 88 -LRB097 18967 RLC 67506 a

1            (ii) are not immediately accessible; or
2            (iii) are unloaded and enclosed in a case, firearm
3        carrying box, shipping box, or other container by a
4        person who has been issued a currently valid Firearm
5        Owner's Identification Card.
6    (d) Sentence.
7         (1) Aggravated unlawful use of a weapon is a Class 4
8    felony; a second or subsequent offense is a Class 2 felony
9    for which the person shall be sentenced to a term of
10    imprisonment of not less than 3 years and not more than 7
11    years.
12        (2) Except as otherwise provided in paragraphs (3) and
13    (4) of this subsection (d), a first offense of aggravated
14    unlawful use of a weapon committed with a firearm by a
15    person 18 years of age or older where the factors listed in
16    both items (A) and (C) of paragraph (3) of subsection (a)
17    are present is a Class 4 felony, for which the person shall
18    be sentenced to a term of imprisonment of not less than one
19    year and not more than 3 years.
20        (3) Aggravated unlawful use of a weapon by a person who
21    has been previously convicted of a felony in this State or
22    another jurisdiction is a Class 2 felony for which the
23    person shall be sentenced to a term of imprisonment of not
24    less than 3 years and not more than 7 years.
25        (4) Aggravated unlawful use of a weapon while wearing
26    or in possession of body armor as defined in Section 33F-1

 

 

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1    by a person who has not been issued a valid Firearms
2    Owner's Identification Card in accordance with Section 5 of
3    the Firearm Owners Identification Card and Certificate of
4    Handgun Registration Act is a Class X felony.
5    (e) The possession of each firearm in violation of this
6Section constitutes a single and separate violation.
7(Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09;
896-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
 
9    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
10    Sec. 24-3. Unlawful sale or delivery of firearms.
11    (A) A person commits the offense of unlawful sale or
12delivery of firearms when he or she knowingly does any of the
13following:
14        (a) Sells or gives any firearm of a size which may be
15    concealed upon the person to any person under 18 years of
16    age.
17        (b) Sells or gives any firearm to a person under 21
18    years of age who has been convicted of a misdemeanor other
19    than a traffic offense or adjudged delinquent.
20        (c) Sells or gives any firearm to any narcotic addict.
21        (d) Sells or gives any firearm to any person who has
22    been convicted of a felony under the laws of this or any
23    other jurisdiction.
24        (e) Sells or gives any firearm to any person who has
25    been a patient in a mental hospital within the past 5

 

 

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1    years.
2        (f) Sells or gives any firearms to any person who is
3    intellectually disabled.
4        (g) Delivers any firearm of a size which may be
5    concealed upon the person, incidental to a sale, without
6    withholding delivery of such firearm for at least 72 hours
7    after application for its purchase has been made, or
8    delivers any rifle, shotgun or other long gun, or a stun
9    gun or taser, incidental to a sale, without withholding
10    delivery of such rifle, shotgun or other long gun, or a
11    stun gun or taser for at least 24 hours after application
12    for its purchase has been made. However, this paragraph (g)
13    does not apply to: (1) the sale of a firearm to a law
14    enforcement officer if the seller of the firearm knows that
15    the person to whom he or she is selling the firearm is a
16    law enforcement officer or the sale of a firearm to a
17    person who desires to purchase a firearm for use in
18    promoting the public interest incident to his or her
19    employment as a bank guard, armed truck guard, or other
20    similar employment; (2) a mail order sale of a firearm to a
21    nonresident of Illinois under which the firearm is mailed
22    to a point outside the boundaries of Illinois; (3) the sale
23    of a firearm to a nonresident of Illinois while at a
24    firearm showing or display recognized by the Illinois
25    Department of State Police; or (4) the sale of a firearm to
26    a dealer licensed as a federal firearms dealer under

 

 

09700HB5831ham004- 91 -LRB097 18967 RLC 67506 a

1    Section 923 of the federal Gun Control Act of 1968 (18
2    U.S.C. 923). For purposes of this paragraph (g),
3    "application" means when the buyer and seller reach an
4    agreement to purchase a firearm.
5        (h) While holding any license as a dealer, importer,
6    manufacturer or pawnbroker under the federal Gun Control
7    Act of 1968, manufactures, sells or delivers to any
8    unlicensed person a handgun having a barrel, slide, frame
9    or receiver which is a die casting of zinc alloy or any
10    other nonhomogeneous metal which will melt or deform at a
11    temperature of less than 800 degrees Fahrenheit. For
12    purposes of this paragraph, (1) "firearm" is defined as in
13    the Firearm Owners Identification Card and Certificate of
14    Handgun Registration Act; and (2) "handgun" is defined as a
15    firearm designed to be held and fired by the use of a
16    single hand, and includes a combination of parts from which
17    such a firearm can be assembled.
18        (i) Sells or gives a firearm of any size to any person
19    under 18 years of age who does not possess a valid Firearm
20    Owner's Identification Card.
21        (j) Sells or gives a firearm while engaged in the
22    business of selling firearms at wholesale or retail without
23    being licensed as a federal firearms dealer under Section
24    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
25    In this paragraph (j):
26        A person "engaged in the business" means a person who

 

 

09700HB5831ham004- 92 -LRB097 18967 RLC 67506 a

1    devotes time, attention, and labor to engaging in the
2    activity as a regular course of trade or business with the
3    principal objective of livelihood and profit, but does not
4    include a person who makes occasional repairs of firearms
5    or who occasionally fits special barrels, stocks, or
6    trigger mechanisms to firearms.
7        "With the principal objective of livelihood and
8    profit" means that the intent underlying the sale or
9    disposition of firearms is predominantly one of obtaining
10    livelihood and pecuniary gain, as opposed to other intents,
11    such as improving or liquidating a personal firearms
12    collection; however, proof of profit shall not be required
13    as to a person who engages in the regular and repetitive
14    purchase and disposition of firearms for criminal purposes
15    or terrorism.
16        (k) Sells or transfers ownership of a firearm to a
17    person who does not display to the seller or transferor of
18    the firearm a currently valid Firearm Owner's
19    Identification Card that has previously been issued in the
20    transferee's name by the Department of State Police under
21    the provisions of the Firearm Owners Identification Card
22    and Certificate of Handgun Registration Act. This
23    paragraph (k) does not apply to the transfer of a firearm
24    to a person who is exempt from the requirement of
25    possessing a Firearm Owner's Identification Card under
26    Section 2 of the Firearm Owners Identification Card and

 

 

09700HB5831ham004- 93 -LRB097 18967 RLC 67506 a

1    Certificate of Handgun Registration Act. For the purposes
2    of this Section, a currently valid Firearm Owner's
3    Identification Card means (i) a Firearm Owner's
4    Identification Card that has not expired or (ii) if the
5    transferor is licensed as a federal firearms dealer under
6    Section 923 of the federal Gun Control Act of 1968 (18
7    U.S.C. 923), an approval number issued in accordance with
8    Section 3.1 of the Firearm Owners Identification Card and
9    Certificate of Handgun Registration Act shall be proof that
10    the Firearm Owner's Identification Card was valid.
11        (l) Not being entitled to the possession of a firearm,
12    delivers the firearm, knowing it to have been stolen or
13    converted. It may be inferred that a person who possesses a
14    firearm with knowledge that its serial number has been
15    removed or altered has knowledge that the firearm is stolen
16    or converted.
17    (B) Paragraph (h) of subsection (A) does not include
18firearms sold within 6 months after enactment of Public Act
1978-355 (approved August 21, 1973, effective October 1, 1973),
20nor is any firearm legally owned or possessed by any citizen or
21purchased by any citizen within 6 months after the enactment of
22Public Act 78-355 subject to confiscation or seizure under the
23provisions of that Public Act. Nothing in Public Act 78-355
24shall be construed to prohibit the gift or trade of any firearm
25if that firearm was legally held or acquired within 6 months
26after the enactment of that Public Act.

 

 

09700HB5831ham004- 94 -LRB097 18967 RLC 67506 a

1    (C) Sentence.
2        (1) Any person convicted of unlawful sale or delivery
3    of firearms in violation of paragraph (c), (e), (f), (g),
4    or (h) of subsection (A) commits a Class 4 felony.
5        (2) Any person convicted of unlawful sale or delivery
6    of firearms in violation of paragraph (b) or (i) of
7    subsection (A) commits a Class 3 felony.
8        (3) Any person convicted of unlawful sale or delivery
9    of firearms in violation of paragraph (a) of subsection (A)
10    commits a Class 2 felony.
11        (4) Any person convicted of unlawful sale or delivery
12    of firearms in violation of paragraph (a), (b), or (i) of
13    subsection (A) in any school, on the real property
14    comprising a school, within 1,000 feet of the real property
15    comprising a school, at a school related activity, or on or
16    within 1,000 feet of any conveyance owned, leased, or
17    contracted by a school or school district to transport
18    students to or from school or a school related activity,
19    regardless of the time of day or time of year at which the
20    offense was committed, commits a Class 1 felony. Any person
21    convicted of a second or subsequent violation of unlawful
22    sale or delivery of firearms in violation of paragraph (a),
23    (b), or (i) of subsection (A) in any school, on the real
24    property comprising a school, within 1,000 feet of the real
25    property comprising a school, at a school related activity,
26    or on or within 1,000 feet of any conveyance owned, leased,

 

 

09700HB5831ham004- 95 -LRB097 18967 RLC 67506 a

1    or contracted by a school or school district to transport
2    students to or from school or a school related activity,
3    regardless of the time of day or time of year at which the
4    offense was committed, commits a Class 1 felony for which
5    the sentence shall be a term of imprisonment of no less
6    than 5 years and no more than 15 years.
7        (5) Any person convicted of unlawful sale or delivery
8    of firearms in violation of paragraph (a) or (i) of
9    subsection (A) in residential property owned, operated, or
10    managed by a public housing agency or leased by a public
11    housing agency as part of a scattered site or mixed-income
12    development, in a public park, in a courthouse, 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, on
16    the real property comprising any public park, on the real
17    property comprising any courthouse, or on any public way
18    within 1,000 feet of the real property comprising any
19    public park, courthouse, or residential property owned,
20    operated, or managed by a public housing agency or leased
21    by a public housing agency as part of a scattered site or
22    mixed-income development commits a Class 2 felony.
23        (6) Any person convicted of unlawful sale or delivery
24    of firearms in violation of paragraph (j) of subsection (A)
25    commits a Class A misdemeanor. A second or subsequent
26    violation is a Class 4 felony.

 

 

09700HB5831ham004- 96 -LRB097 18967 RLC 67506 a

1        (7) Any person convicted of unlawful sale or delivery
2    of firearms in violation of paragraph (k) of subsection (A)
3    commits a Class 4 felony. A third or subsequent conviction
4    for a violation of paragraph (k) of subsection (A) is a
5    Class 1 felony.
6        (8) A person 18 years of age or older convicted of
7    unlawful sale or delivery of firearms in violation of
8    paragraph (a) or (i) of subsection (A), when the firearm
9    that was sold or given to another person under 18 years of
10    age was used in the commission of or attempt to commit a
11    forcible felony, shall be fined or imprisoned, or both, not
12    to exceed the maximum provided for the most serious
13    forcible felony so committed or attempted by the person
14    under 18 years of age who was sold or given the firearm.
15        (9) Any person convicted of unlawful sale or delivery
16    of firearms in violation of paragraph (d) of subsection (A)
17    commits a Class 3 felony.
18        (10) Any person convicted of unlawful sale or delivery
19    of firearms in violation of paragraph (l) of subsection (A)
20    commits a Class 2 felony if the delivery is of one firearm.
21    Any person convicted of unlawful sale or delivery of
22    firearms in violation of paragraph (l) of subsection (A)
23    commits a Class 1 felony if the delivery is of not less
24    than 2 and not more than 5 firearms at the same time or
25    within a one year period. Any person convicted of unlawful
26    sale or delivery of firearms in violation of paragraph (l)

 

 

09700HB5831ham004- 97 -LRB097 18967 RLC 67506 a

1    of subsection (A) commits a Class X felony for which he or
2    she shall be sentenced to a term of imprisonment of not
3    less than 6 years and not more than 30 years if the
4    delivery is of not less than 6 and not more than 10
5    firearms at the same time or within a 2 year period. Any
6    person convicted of unlawful sale or delivery of firearms
7    in violation of paragraph (l) of subsection (A) commits a
8    Class X felony for which he or she shall be sentenced to a
9    term of imprisonment of not less than 6 years and not more
10    than 40 years if the delivery is of not less than 11 and
11    not more than 20 firearms at the same time or within a 3
12    year period. Any person convicted of unlawful sale or
13    delivery of firearms in violation of paragraph (l) of
14    subsection (A) commits a Class X felony for which he or she
15    shall be sentenced to a term of imprisonment of not less
16    than 6 years and not more than 50 years if the delivery is
17    of not less than 21 and not more than 30 firearms at the
18    same time or within a 4 year period. Any person convicted
19    of unlawful sale or delivery of firearms in violation of
20    paragraph (l) of subsection (A) commits a Class X felony
21    for which he or she shall be sentenced to a term of
22    imprisonment of not less than 6 years and not more than 60
23    years if the delivery is of 31 or more firearms at the same
24    time or within a 5 year period.
25    (D) For purposes of this Section:
26    "School" means a public or private elementary or secondary

 

 

09700HB5831ham004- 98 -LRB097 18967 RLC 67506 a

1school, community college, college, or university.
2    "School related activity" means any sporting, social,
3academic, or other activity for which students' attendance or
4participation is sponsored, organized, or funded in whole or in
5part by a school or school district.
6    (E) A prosecution for a violation of paragraph (k) of
7subsection (A) of this Section may be commenced within 6 years
8after the commission of the offense. A prosecution for a
9violation of this Section other than paragraph (g) of
10subsection (A) of this Section may be commenced within 5 years
11after the commission of the offense defined in the particular
12paragraph.
13(Source: P.A. 96-190, eff. 1-1-10; 97-227, eff. 1-1-12; 97-347,
14eff. 1-1-12; revised 9-14-11.)
 
15    (720 ILCS 5/24-3.2)  (from Ch. 38, par. 24-3.2)
16    Sec. 24-3.2. Unlawful discharge of firearm projectiles.
17    (a) A person commits the offense of unlawful discharge of
18firearm projectiles when he or she knowingly or recklessly uses
19an armor piercing bullet, dragon's breath shotgun shell, bolo
20shell, or flechette shell in violation of this Section.
21    For purposes of this Section:
22    "Armor piercing bullet" means any handgun bullet or handgun
23ammunition with projectiles or projectile cores constructed
24entirely (excluding the presence of traces of other substances)
25from tungsten alloys, steel, iron, brass, bronze, beryllium

 

 

09700HB5831ham004- 99 -LRB097 18967 RLC 67506 a

1copper or depleted uranium, or fully jacketed bullets larger
2than 22 caliber whose jacket has a weight of more than 25% of
3the total weight of the projectile, and excluding those handgun
4projectiles whose cores are composed of soft materials such as
5lead or lead alloys, zinc or zinc alloys, frangible projectiles
6designed primarily for sporting purposes, and any other
7projectiles or projectile cores that the U. S. Secretary of the
8Treasury finds to be primarily intended to be used for sporting
9purposes or industrial purposes or that otherwise does not
10constitute "armor piercing ammunition" as that term is defined
11by federal law.
12    "Dragon's breath shotgun shell" means any shotgun shell
13that contains exothermic pyrophoric mesh metal as the
14projectile and is designed for the purpose of throwing or
15spewing a flame or fireball to simulate a flame-thrower.
16    "Bolo shell" means any shell that can be fired in a firearm
17and expels as projectiles 2 or more metal balls connected by
18solid metal wire.
19    "Flechette shell" means any shell that can be fired in a
20firearm and expels 2 or more pieces of fin-stabilized solid
21metal wire or 2 or more solid dart-type projectiles.
22    (b) A person commits a Class X felony when he or she,
23knowing that a firearm, as defined in Section 1.1 of the
24Firearm Owners Identification Card and Certificate of Handgun
25Registration Act, is loaded with an armor piercing bullet,
26dragon's breath shotgun shell, bolo shell, or flechette shell,

 

 

09700HB5831ham004- 100 -LRB097 18967 RLC 67506 a

1intentionally or recklessly discharges such firearm and such
2bullet or shell strikes any other person.
3    (c) Any person who possesses, concealed on or about his or
4her person, an armor piercing bullet, dragon's breath shotgun
5shell, bolo shell, or flechette shell and a firearm suitable
6for the discharge thereof is guilty of a Class 2 felony.
7    (d) This Section does not apply to or affect any of the
8following:
9        (1) Peace officers;
10        (2) Wardens, superintendents and keepers of prisons,
11    penitentiaries, jails and other institutions for the
12    detention of persons accused or convicted of an offense;
13        (3) Members of the Armed Services or Reserve Forces of
14    the United States or the Illinois National Guard while in
15    the performance of their official duties;
16        (4) Federal officials required to carry firearms,
17    while engaged in the performance of their official duties;
18        (5) United States Marshals, while engaged in the
19    performance of their official duties.
20(Source: P.A. 92-423, eff. 1-1-02.)
 
21    (720 ILCS 5/24-3.4)  (from Ch. 38, par. 24-3.4)
22    Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
23    (a) It shall be unlawful for any person who holds a license
24to sell at retail any alcoholic liquor issued by the Illinois
25Liquor Control Commission or local liquor control commissioner

 

 

09700HB5831ham004- 101 -LRB097 18967 RLC 67506 a

1under the Liquor Control Act of 1934 or an agent or employee of
2the licensee to sell or deliver to any other person a firearm
3in or on the real property of the establishment where the
4licensee is licensed to sell alcoholic liquors unless the sale
5or delivery of the firearm is otherwise lawful under this
6Article and under the Firearm Owners Identification Card and
7Certificate of Handgun Registration Act.
8    (b) Sentence. A violation of subsection (a) of this Section
9is a Class 4 felony.
10(Source: P.A. 87-591.)
 
11    (720 ILCS 5/24-3.5)
12    Sec. 24-3.5. Unlawful purchase of a firearm.
13    (a) For purposes of this Section, "firearms transaction
14record form" means a form:
15        (1) executed by a transferee of a firearm stating: (i)
16    the transferee's name and address (including county or
17    similar political subdivision); (ii) whether the
18    transferee is a citizen of the United States; (iii) the
19    transferee's State of residence; and (iv) the date and
20    place of birth, height, weight, and race of the transferee;
21    and
22        (2) on which the transferee certifies that he or she is
23    not prohibited by federal law from transporting or shipping
24    a firearm in interstate or foreign commerce or receiving a
25    firearm that has been shipped or transported in interstate

 

 

09700HB5831ham004- 102 -LRB097 18967 RLC 67506 a

1    or foreign commerce or possessing a firearm in or affecting
2    commerce.
3    (b) A person commits the offense of unlawful purchase of a
4firearm who knowingly purchases or attempts to purchase a
5firearm with the intent to deliver that firearm to another
6person who is prohibited by federal or State law from
7possessing a firearm.
8    (c) A person commits the offense of unlawful purchase of a
9firearm when he or she, in purchasing or attempting to purchase
10a firearm, intentionally provides false or misleading
11information on a United States Department of the Treasury,
12Bureau of Alcohol, Tobacco and Firearms firearms transaction
13record form.
14    (d) Exemption. It is not a violation of subsection (b) of
15this Section for a person to make a gift or loan of a firearm to
16a person who is not prohibited by federal or State law from
17possessing a firearm if the transfer of the firearm is made in
18accordance with Section 3 of the Firearm Owners Identification
19Card and Certificate of Handgun Registration Act.
20    (e) Sentence.
21        (1) A person who commits the offense of unlawful
22    purchase of a firearm:
23            (A) is guilty of a Class 2 felony for purchasing or
24        attempting to purchase one firearm;
25            (B) is guilty of a Class 1 felony for purchasing or
26        attempting to purchase not less than 2 firearms and not

 

 

09700HB5831ham004- 103 -LRB097 18967 RLC 67506 a

1        more than 5 firearms at the same time or within a one
2        year period;
3            (C) is guilty of a Class X felony for which the
4        offender shall be sentenced to a term of imprisonment
5        of not less than 9 years and not more than 40 years for
6        purchasing or attempting to purchase not less than 6
7        firearms at the same time or within a 2 year period.
8        (2) In addition to any other penalty that may be
9    imposed for a violation of this Section, the court may
10    sentence a person convicted of a violation of subsection
11    (c) of this Section to a fine not to exceed $250,000 for
12    each violation.
13    (f) A prosecution for unlawful purchase of a firearm may be
14commenced within 6 years after the commission of the offense.
15(Source: P.A. 95-882, eff. 1-1-09.)
 
16    (720 ILCS 5/24-9)
17    Sec. 24-9. Firearms; Child Protection.
18    (a) Except as provided in subsection (c), it is unlawful
19for any person to store or leave, within premises under his or
20her control, a firearm if the person knows or has reason to
21believe that a minor under the age of 14 years who does not
22have a Firearm Owners Identification Card is likely to gain
23access to the firearm without the lawful permission of the
24minor's parent, guardian, or person having charge of the minor,
25and the minor causes death or great bodily harm with the

 

 

09700HB5831ham004- 104 -LRB097 18967 RLC 67506 a

1firearm, unless the firearm is:
2        (1) secured by a device or mechanism, other than the
3    firearm safety, designed to render a firearm temporarily
4    inoperable; or
5        (2) placed in a securely locked box or container; or
6        (3) placed in some other location that a reasonable
7    person would believe to be secure from a minor under the
8    age of 14 years.
9    (b) Sentence. A person who violates this Section is guilty
10of a Class C misdemeanor and shall be fined not less than
11$1,000. A second or subsequent violation of this Section is a
12Class A misdemeanor.
13    (c) Subsection (a) does not apply:
14        (1) if the minor under 14 years of age gains access to
15    a firearm and uses it in a lawful act of self-defense or
16    defense of another; or
17        (2) to any firearm obtained by a minor under the age of
18    14 because of an unlawful entry of the premises by the
19    minor or another person.
20    (d) For the purposes of this Section, "firearm" has the
21meaning ascribed to it in Section 1.1 of the Firearm Owners
22Identification Card and Certificate of Handgun Registration
23Act.
24(Source: P.A. 91-18, eff. 1-1-00.)
 
25    Section 45. The Methamphetamine Control and Community

 

 

09700HB5831ham004- 105 -LRB097 18967 RLC 67506 a

1Protection Act is amended by changing Section 10 as follows:
 
2    (720 ILCS 646/10)
3    Sec. 10. Definitions. As used in this Act:
4    "Anhydrous ammonia" has the meaning provided in subsection
5(d) of Section 3 of the Illinois Fertilizer Act of 1961.
6    "Anhydrous ammonia equipment" means all items used to
7store, hold, contain, handle, transfer, transport, or apply
8anhydrous ammonia for lawful purposes.
9    "Booby trap" means any device designed to cause physical
10injury when triggered by an act of a person approaching,
11entering, or moving through a structure, a vehicle, or any
12location where methamphetamine has been manufactured, is being
13manufactured, or is intended to be manufactured.
14    "Deliver" or "delivery" has the meaning provided in
15subsection (h) of Section 102 of the Illinois Controlled
16Substances Act.
17    "Director" means the Director of State Police or the
18Director's designated agents.
19    "Dispose" or "disposal" means to abandon, discharge,
20release, deposit, inject, dump, spill, leak, or place
21methamphetamine waste onto or into any land, water, or well of
22any type so that the waste has the potential to enter the
23environment, be emitted into the air, or be discharged into the
24soil or any waters, including groundwater.
25    "Emergency response" means the act of collecting evidence

 

 

09700HB5831ham004- 106 -LRB097 18967 RLC 67506 a

1from or securing a methamphetamine laboratory site,
2methamphetamine waste site or other methamphetamine-related
3site and cleaning up the site, whether these actions are
4performed by public entities or private contractors paid by
5public entities.
6    "Emergency service provider" means a local, State, or
7federal peace officer, firefighter, emergency medical
8technician-ambulance, emergency medical
9technician-intermediate, emergency medical
10technician-paramedic, ambulance driver, or other medical or
11first aid personnel rendering aid, or any agent or designee of
12the foregoing.
13    "Finished methamphetamine" means methamphetamine in a form
14commonly used for personal consumption.
15    "Firearm" has the meaning provided in Section 1.1 of the
16Firearm Owners Identification Card and Certificate of Handgun
17Registration Act.
18    "Manufacture" means to produce, prepare, compound,
19convert, process, synthesize, concentrate, purify, separate,
20extract, or package any methamphetamine, methamphetamine
21precursor, methamphetamine manufacturing catalyst,
22methamphetamine manufacturing reagent, methamphetamine
23manufacturing solvent, or any substance containing any of the
24foregoing.
25    "Methamphetamine" means the chemical methamphetamine (a
26Schedule II controlled substance under the Illinois Controlled

 

 

09700HB5831ham004- 107 -LRB097 18967 RLC 67506 a

1Substances Act) or any salt, optical isomer, salt of optical
2isomer, or analog thereof, with the exception of
33,4-Methylenedioxymethamphetamine (MDMA) or any other
4scheduled substance with a separate listing under the Illinois
5Controlled Substances Act.
6    "Methamphetamine manufacturing catalyst" means any
7substance that has been used, is being used, or is intended to
8be used to activate, accelerate, extend, or improve a chemical
9reaction involved in the manufacture of methamphetamine.
10    "Methamphetamine manufacturing environment" means a
11structure or vehicle in which:
12        (1) methamphetamine is being or has been manufactured;
13        (2) chemicals that are being used, have been used, or
14    are intended to be used to manufacture methamphetamine are
15    stored;
16        (3) methamphetamine manufacturing materials that have
17    been used to manufacture methamphetamine are stored; or
18        (4) methamphetamine manufacturing waste is stored.
19    "Methamphetamine manufacturing material" means any
20methamphetamine precursor, substance containing any
21methamphetamine precursor, methamphetamine manufacturing
22catalyst, substance containing any methamphetamine
23manufacturing catalyst, methamphetamine manufacturing reagent,
24substance containing any methamphetamine manufacturing
25reagent, methamphetamine manufacturing solvent, substance
26containing any methamphetamine manufacturing solvent, or any

 

 

09700HB5831ham004- 108 -LRB097 18967 RLC 67506 a

1other chemical, substance, ingredient, equipment, apparatus,
2or item that is being used, has been used, or is intended to be
3used in the manufacture of methamphetamine.
4    "Methamphetamine manufacturing reagent" means any
5substance other than a methamphetamine manufacturing catalyst
6that has been used, is being used, or is intended to be used to
7react with and chemically alter any methamphetamine precursor.
8    "Methamphetamine manufacturing solvent" means any
9substance that has been used, is being used, or is intended to
10be used as a medium in which any methamphetamine precursor,
11methamphetamine manufacturing catalyst, methamphetamine
12manufacturing reagent, or any substance containing any of the
13foregoing is dissolved, diluted, or washed during any part of
14the methamphetamine manufacturing process.
15    "Methamphetamine manufacturing waste" means any chemical,
16substance, ingredient, equipment, apparatus, or item that is
17left over from, results from, or is produced by the process of
18manufacturing methamphetamine, other than finished
19methamphetamine.
20    "Methamphetamine precursor" means ephedrine,
21pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
22phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
23isomer, or salt of an optical isomer of any of these chemicals.
24    "Multi-unit dwelling" means a unified structure used or
25intended for use as a habitation, home, or residence that
26contains 2 or more condominiums, apartments, hotel rooms, motel

 

 

09700HB5831ham004- 109 -LRB097 18967 RLC 67506 a

1rooms, or other living units.
2    "Package" means an item marked for retail sale that is not
3designed to be further broken down or subdivided for the
4purpose of retail sale.
5    "Participate" or "participation" in the manufacture of
6methamphetamine means to produce, prepare, compound, convert,
7process, synthesize, concentrate, purify, separate, extract,
8or package any methamphetamine, methamphetamine precursor,
9methamphetamine manufacturing catalyst, methamphetamine
10manufacturing reagent, methamphetamine manufacturing solvent,
11or any substance containing any of the foregoing, or to assist
12in any of these actions, or to attempt to take any of these
13actions, regardless of whether this action or these actions
14result in the production of finished methamphetamine.
15    "Person with a disability" means a person who suffers from
16a permanent physical or mental impairment resulting from
17disease, injury, functional disorder, or congenital condition
18which renders the person incapable of adequately providing for
19his or her own health and personal care.
20    "Procure" means to purchase, steal, gather, or otherwise
21obtain, by legal or illegal means, or to cause another to take
22such action.
23    "Second or subsequent offense" means an offense under this
24Act committed by an offender who previously committed an
25offense under this Act, the Illinois Controlled Substances Act,
26the Cannabis Control Act, or another Act of this State, another

 

 

09700HB5831ham004- 110 -LRB097 18967 RLC 67506 a

1state, or the United States relating to methamphetamine,
2cannabis, or any other controlled substance.
3    "Standard dosage form", as used in relation to any
4methamphetamine precursor, means that the methamphetamine
5precursor is contained in a pill, tablet, capsule, caplet, gel
6cap, or liquid cap that has been manufactured by a lawful
7entity and contains a standard quantity of methamphetamine
8precursor.
9    "Unauthorized container", as used in relation to anhydrous
10ammonia, means any container that is not designed for the
11specific and sole purpose of holding, storing, transporting, or
12applying anhydrous ammonia. "Unauthorized container" includes,
13but is not limited to, any propane tank, fire extinguisher,
14oxygen cylinder, gasoline can, food or beverage cooler, or
15compressed gas cylinder used in dispensing fountain drinks.
16"Unauthorized container" does not encompass anhydrous ammonia
17manufacturing plants, refrigeration systems where anhydrous
18ammonia is used solely as a refrigerant, anhydrous ammonia
19transportation pipelines, anhydrous ammonia tankers, or
20anhydrous ammonia barges.
21(Source: P.A. 97-434, eff. 1-1-12.)
 
22    Section 50. The Unified Code of Corrections is amended by
23changing Sections 5-5-3 and 5-5-3.2 as follows:
 
24    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)

 

 

09700HB5831ham004- 111 -LRB097 18967 RLC 67506 a

1    Sec. 5-5-3. Disposition.
2    (a) (Blank).
3    (b) (Blank).
4    (c) (1) (Blank).
5        (2) A period of probation, a term of periodic
6    imprisonment or conditional discharge shall not be imposed
7    for the following offenses. The court shall sentence the
8    offender to not less than the minimum term of imprisonment
9    set forth in this Code for the following offenses, and may
10    order a fine or restitution or both in conjunction with
11    such term of imprisonment:
12            (A) First degree murder where the death penalty is
13        not imposed.
14            (B) Attempted first degree murder.
15            (C) A Class X felony.
16            (D) A violation of Section 401.1 or 407 of the
17        Illinois Controlled Substances Act, or a violation of
18        subdivision (c)(1), (c)(1.5), or (c)(2) of Section 401
19        of that Act which relates to more than 5 grams of a
20        substance containing heroin, cocaine, fentanyl, or an
21        analog thereof.
22            (E) A violation of Section 5.1 or 9 of the Cannabis
23        Control Act.
24            (F) A Class 2 or greater felony if the offender had
25        been convicted of a Class 2 or greater felony,
26        including any state or federal conviction for an

 

 

09700HB5831ham004- 112 -LRB097 18967 RLC 67506 a

1        offense that contained, at the time it was committed,
2        the same elements as an offense now (the date of the
3        offense committed after the prior Class 2 or greater
4        felony) classified as a Class 2 or greater felony,
5        within 10 years of the date on which the offender
6        committed the offense for which he or she is being
7        sentenced, except as otherwise provided in Section
8        40-10 of the Alcoholism and Other Drug Abuse and
9        Dependency Act.
10            (F-5) A violation of Section 24-1, 24-1.1, or
11        24-1.6 of the Criminal Code of 1961 for which
12        imprisonment is prescribed in those Sections.
13            (G) Residential burglary, except as otherwise
14        provided in Section 40-10 of the Alcoholism and Other
15        Drug Abuse and Dependency Act.
16            (H) Criminal sexual assault.
17            (I) Aggravated battery of a senior citizen as
18        described in Section 12-4.6 or subdivision (a)(4) of
19        Section 12-3.05.
20            (J) A forcible felony if the offense was related to
21        the activities of an organized gang.
22            Before July 1, 1994, for the purposes of this
23        paragraph, "organized gang" means an association of 5
24        or more persons, with an established hierarchy, that
25        encourages members of the association to perpetrate
26        crimes or provides support to the members of the

 

 

09700HB5831ham004- 113 -LRB097 18967 RLC 67506 a

1        association who do commit crimes.
2            Beginning July 1, 1994, for the purposes of this
3        paragraph, "organized gang" has the meaning ascribed
4        to it in Section 10 of the Illinois Streetgang
5        Terrorism Omnibus Prevention Act.
6            (K) Vehicular hijacking.
7            (L) A second or subsequent conviction for the
8        offense of hate crime when the underlying offense upon
9        which the hate crime is based is felony aggravated
10        assault or felony mob action.
11            (M) A second or subsequent conviction for the
12        offense of institutional vandalism if the damage to the
13        property exceeds $300.
14            (N) A Class 3 felony violation of paragraph (1) of
15        subsection (a) of Section 2 of the Firearm Owners
16        Identification Card and Certificate of Handgun
17        Registration Act.
18            (O) A violation of Section 12-6.1 or 12-6.5 of the
19        Criminal Code of 1961.
20            (P) A violation of paragraph (1), (2), (3), (4),
21        (5), or (7) of subsection (a) of Section 11-20.1 of the
22        Criminal Code of 1961.
23            (Q) A violation of Section 20-1.2 or 20-1.3 of the
24        Criminal Code of 1961.
25            (R) A violation of Section 24-3A of the Criminal
26        Code of 1961.

 

 

09700HB5831ham004- 114 -LRB097 18967 RLC 67506 a

1            (S) (Blank).
2            (T) A second or subsequent violation of the
3        Methamphetamine Control and Community Protection Act.
4            (U) A second or subsequent violation of Section
5        6-303 of the Illinois Vehicle Code committed while his
6        or her driver's license, permit, or privilege was
7        revoked because of a violation of Section 9-3 of the
8        Criminal Code of 1961, relating to the offense of
9        reckless homicide, or a similar provision of a law of
10        another state.
11            (V) A violation of paragraph (4) of subsection (c)
12        of Section 11-20.1B or paragraph (4) of subsection (c)
13        of Section 11-20.3 of the Criminal Code of 1961.
14            (W) A violation of Section 24-3.5 of the Criminal
15        Code of 1961.
16            (X) A violation of subsection (a) of Section 31-1a
17        of the Criminal Code of 1961.
18            (Y) A conviction for unlawful possession of a
19        firearm by a street gang member when the firearm was
20        loaded or contained firearm ammunition.
21            (Z) A Class 1 felony committed while he or she was
22        serving a term of probation or conditional discharge
23        for a felony.
24            (AA) Theft of property exceeding $500,000 and not
25        exceeding $1,000,000 in value.
26            (BB) Laundering of criminally derived property of

 

 

09700HB5831ham004- 115 -LRB097 18967 RLC 67506 a

1        a value exceeding $500,000.
2            (CC) Knowingly selling, offering for sale, holding
3        for sale, or using 2,000 or more counterfeit items or
4        counterfeit items having a retail value in the
5        aggregate of $500,000 or more.
6            (DD) A conviction for aggravated assault under
7        paragraph (6) of subsection (c) of Section 12-2 of the
8        Criminal Code of 1961 if the firearm is aimed toward
9        the person against whom the firearm is being used.
10        (3) (Blank).
11        (4) A minimum term of imprisonment of not less than 10
12    consecutive days or 30 days of community service shall be
13    imposed for a violation of paragraph (c) of Section 6-303
14    of the Illinois Vehicle Code.
15        (4.1) (Blank).
16        (4.2) Except as provided in paragraphs (4.3) and (4.8)
17    of this subsection (c), a minimum of 100 hours of community
18    service shall be imposed for a second violation of Section
19    6-303 of the Illinois Vehicle Code.
20        (4.3) A minimum term of imprisonment of 30 days or 300
21    hours of community service, as determined by the court,
22    shall be imposed for a second violation of subsection (c)
23    of Section 6-303 of the Illinois Vehicle Code.
24        (4.4) Except as provided in paragraphs (4.5), (4.6),
25    and (4.9) of this subsection (c), a minimum term of
26    imprisonment of 30 days or 300 hours of community service,

 

 

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1    as determined by the court, shall be imposed for a third or
2    subsequent violation of Section 6-303 of the Illinois
3    Vehicle Code.
4        (4.5) A minimum term of imprisonment of 30 days shall
5    be imposed for a third violation of subsection (c) of
6    Section 6-303 of the Illinois Vehicle Code.
7        (4.6) Except as provided in paragraph (4.10) of this
8    subsection (c), a minimum term of imprisonment of 180 days
9    shall be imposed for a fourth or subsequent violation of
10    subsection (c) of Section 6-303 of the Illinois Vehicle
11    Code.
12        (4.7) A minimum term of imprisonment of not less than
13    30 consecutive days, or 300 hours of community service,
14    shall be imposed for a violation of subsection (a-5) of
15    Section 6-303 of the Illinois Vehicle Code, as provided in
16    subsection (b-5) of that Section.
17        (4.8) A mandatory prison sentence shall be imposed for
18    a second violation of subsection (a-5) of Section 6-303 of
19    the Illinois Vehicle Code, as provided in subsection (c-5)
20    of that Section. The person's driving privileges shall be
21    revoked for a period of not less than 5 years from the date
22    of his or her release from prison.
23        (4.9) A mandatory prison sentence of not less than 4
24    and not more than 15 years shall be imposed for a third
25    violation of subsection (a-5) of Section 6-303 of the
26    Illinois Vehicle Code, as provided in subsection (d-2.5) of

 

 

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1    that Section. The person's driving privileges shall be
2    revoked for the remainder of his or her life.
3        (4.10) A mandatory prison sentence for a Class 1 felony
4    shall be imposed, and the person shall be eligible for an
5    extended term sentence, for a fourth or subsequent
6    violation of subsection (a-5) of Section 6-303 of the
7    Illinois Vehicle Code, as provided in subsection (d-3.5) of
8    that Section. The person's driving privileges shall be
9    revoked for the remainder of his or her life.
10        (5) The court may sentence a corporation or
11    unincorporated association convicted of any offense to:
12            (A) a period of conditional discharge;
13            (B) a fine;
14            (C) make restitution to the victim under Section
15        5-5-6 of this Code.
16        (5.1) In addition to any other penalties imposed, and
17    except as provided in paragraph (5.2) or (5.3), a person
18    convicted of violating subsection (c) of Section 11-907 of
19    the Illinois Vehicle Code shall have his or her driver's
20    license, permit, or privileges suspended for at least 90
21    days but not more than one year, if the violation resulted
22    in damage to the property of another person.
23        (5.2) In addition to any other penalties imposed, and
24    except as provided in paragraph (5.3), a person convicted
25    of violating subsection (c) of Section 11-907 of the
26    Illinois Vehicle Code shall have his or her driver's

 

 

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1    license, permit, or privileges suspended for at least 180
2    days but not more than 2 years, if the violation resulted
3    in injury to another person.
4        (5.3) In addition to any other penalties imposed, a
5    person convicted of violating subsection (c) of Section
6    11-907 of the Illinois Vehicle Code shall have his or her
7    driver's license, permit, or privileges suspended for 2
8    years, if the violation resulted in the death of another
9    person.
10        (5.4) In addition to any other penalties imposed, a
11    person convicted of violating Section 3-707 of the Illinois
12    Vehicle Code shall have his or her driver's license,
13    permit, or privileges suspended for 3 months and until he
14    or she has paid a reinstatement fee of $100.
15        (5.5) In addition to any other penalties imposed, a
16    person convicted of violating Section 3-707 of the Illinois
17    Vehicle Code during a period in which his or her driver's
18    license, permit, or privileges were suspended for a
19    previous violation of that Section shall have his or her
20    driver's license, permit, or privileges suspended for an
21    additional 6 months after the expiration of the original
22    3-month suspension and until he or she has paid a
23    reinstatement fee of $100.
24        (6) (Blank).
25        (7) (Blank).
26        (8) (Blank).

 

 

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1        (9) A defendant convicted of a second or subsequent
2    offense of ritualized abuse of a child may be sentenced to
3    a term of natural life imprisonment.
4        (10) (Blank).
5        (11) The court shall impose a minimum fine of $1,000
6    for a first offense and $2,000 for a second or subsequent
7    offense upon a person convicted of or placed on supervision
8    for battery when the individual harmed was a sports
9    official or coach at any level of competition and the act
10    causing harm to the sports official or coach occurred
11    within an athletic facility or within the immediate
12    vicinity of the athletic facility at which the sports
13    official or coach was an active participant of the athletic
14    contest held at the athletic facility. For the purposes of
15    this paragraph (11), "sports official" means a person at an
16    athletic contest who enforces the rules of the contest,
17    such as an umpire or referee; "athletic facility" means an
18    indoor or outdoor playing field or recreational area where
19    sports activities are conducted; and "coach" means a person
20    recognized as a coach by the sanctioning authority that
21    conducted the sporting event.
22        (12) A person may not receive a disposition of court
23    supervision for a violation of Section 5-16 of the Boat
24    Registration and Safety Act if that person has previously
25    received a disposition of court supervision for a violation
26    of that Section.

 

 

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1        (13) A person convicted of or placed on court
2    supervision for an assault or aggravated assault when the
3    victim and the offender are family or household members as
4    defined in Section 103 of the Illinois Domestic Violence
5    Act of 1986 or convicted of domestic battery or aggravated
6    domestic battery may be required to attend a Partner Abuse
7    Intervention Program under protocols set forth by the
8    Illinois Department of Human Services under such terms and
9    conditions imposed by the court. The costs of such classes
10    shall be paid by the offender.
11    (d) In any case in which a sentence originally imposed is
12vacated, the case shall be remanded to the trial court. The
13trial court shall hold a hearing under Section 5-4-1 of the
14Unified Code of Corrections which may include evidence of the
15defendant's life, moral character and occupation during the
16time since the original sentence was passed. The trial court
17shall then impose sentence upon the defendant. The trial court
18may impose any sentence which could have been imposed at the
19original trial subject to Section 5-5-4 of the Unified Code of
20Corrections. If a sentence is vacated on appeal or on
21collateral attack due to the failure of the trier of fact at
22trial to determine beyond a reasonable doubt the existence of a
23fact (other than a prior conviction) necessary to increase the
24punishment for the offense beyond the statutory maximum
25otherwise applicable, either the defendant may be re-sentenced
26to a term within the range otherwise provided or, if the State

 

 

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1files notice of its intention to again seek the extended
2sentence, the defendant shall be afforded a new trial.
3    (e) In cases where prosecution for aggravated criminal
4sexual abuse under Section 11-1.60 or 12-16 of the Criminal
5Code of 1961 results in conviction of a defendant who was a
6family member of the victim at the time of the commission of
7the offense, the court shall consider the safety and welfare of
8the victim and may impose a sentence of probation only where:
9        (1) the court finds (A) or (B) or both are appropriate:
10            (A) the defendant is willing to undergo a court
11        approved counseling program for a minimum duration of 2
12        years; or
13            (B) the defendant is willing to participate in a
14        court approved plan including but not limited to the
15        defendant's:
16                (i) removal from the household;
17                (ii) restricted contact with the victim;
18                (iii) continued financial support of the
19            family;
20                (iv) restitution for harm done to the victim;
21            and
22                (v) compliance with any other measures that
23            the court may deem appropriate; and
24        (2) the court orders the defendant to pay for the
25    victim's counseling services, to the extent that the court
26    finds, after considering the defendant's income and

 

 

09700HB5831ham004- 122 -LRB097 18967 RLC 67506 a

1    assets, that the defendant is financially capable of paying
2    for such services, if the victim was under 18 years of age
3    at the time the offense was committed and requires
4    counseling as a result of the offense.
5    Probation may be revoked or modified pursuant to Section
65-6-4; except where the court determines at the hearing that
7the defendant violated a condition of his or her probation
8restricting contact with the victim or other family members or
9commits another offense with the victim or other family
10members, the court shall revoke the defendant's probation and
11impose a term of imprisonment.
12    For the purposes of this Section, "family member" and
13"victim" shall have the meanings ascribed to them in Section
1411-0.1 of the Criminal Code of 1961.
15    (f) (Blank).
16    (g) Whenever a defendant is convicted of an offense under
17Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1811-14.3, 11-14.4 except for an offense that involves keeping a
19place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
2011-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
2112-14.1, 12-15 or 12-16 of the Criminal Code of 1961, the
22defendant shall undergo medical testing to determine whether
23the defendant has any sexually transmissible disease,
24including a test for infection with human immunodeficiency
25virus (HIV) or any other identified causative agent of acquired
26immunodeficiency syndrome (AIDS). Any such medical test shall

 

 

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1be performed only by appropriately licensed medical
2practitioners and may include an analysis of any bodily fluids
3as well as an examination of the defendant's person. Except as
4otherwise provided by law, the results of such test shall be
5kept strictly confidential by all medical personnel involved in
6the testing and must be personally delivered in a sealed
7envelope to the judge of the court in which the conviction was
8entered for the judge's inspection in camera. Acting in
9accordance with the best interests of the victim and the
10public, the judge shall have the discretion to determine to
11whom, if anyone, the results of the testing may be revealed.
12The court shall notify the defendant of the test results. The
13court shall also notify the victim if requested by the victim,
14and if the victim is under the age of 15 and if requested by the
15victim's parents or legal guardian, the court shall notify the
16victim's parents or legal guardian of the test results. The
17court shall provide information on the availability of HIV
18testing and counseling at Department of Public Health
19facilities to all parties to whom the results of the testing
20are revealed and shall direct the State's Attorney to provide
21the information to the victim when possible. A State's Attorney
22may petition the court to obtain the results of any HIV test
23administered under this Section, and the court shall grant the
24disclosure if the State's Attorney shows it is relevant in
25order to prosecute a charge of criminal transmission of HIV
26under Section 12-5.01 or 12-16.2 of the Criminal Code of 1961

 

 

09700HB5831ham004- 124 -LRB097 18967 RLC 67506 a

1against the defendant. The court shall order that the cost of
2any such test shall be paid by the county and may be taxed as
3costs against the convicted defendant.
4    (g-5) When an inmate is tested for an airborne communicable
5disease, as determined by the Illinois Department of Public
6Health including but not limited to tuberculosis, the results
7of the test shall be personally delivered by the warden or his
8or her designee in a sealed envelope to the judge of the court
9in which the inmate must appear for the judge's inspection in
10camera if requested by the judge. Acting in accordance with the
11best interests of those in the courtroom, the judge shall have
12the discretion to determine what if any precautions need to be
13taken to prevent transmission of the disease in the courtroom.
14    (h) Whenever a defendant is convicted of an offense under
15Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
16defendant shall undergo medical testing to determine whether
17the defendant has been exposed to human immunodeficiency virus
18(HIV) or any other identified causative agent of acquired
19immunodeficiency syndrome (AIDS). Except as otherwise provided
20by law, the results of such test shall be kept strictly
21confidential by all medical personnel involved in the testing
22and must be personally delivered in a sealed envelope to the
23judge of the court in which the conviction was entered for the
24judge's inspection in camera. Acting in accordance with the
25best interests of the public, the judge shall have the
26discretion to determine to whom, if anyone, the results of the

 

 

09700HB5831ham004- 125 -LRB097 18967 RLC 67506 a

1testing may be revealed. The court shall notify the defendant
2of a positive test showing an infection with the human
3immunodeficiency virus (HIV). The court shall provide
4information on the availability of HIV testing and counseling
5at Department of Public Health facilities to all parties to
6whom the results of the testing are revealed and shall direct
7the State's Attorney to provide the information to the victim
8when possible. A State's Attorney may petition the court to
9obtain the results of any HIV test administered under this
10Section, and the court shall grant the disclosure if the
11State's Attorney shows it is relevant in order to prosecute a
12charge of criminal transmission of HIV under Section 12-5.01 or
1312-16.2 of the Criminal Code of 1961 against the defendant. The
14court shall order that the cost of any such test shall be paid
15by the county and may be taxed as costs against the convicted
16defendant.
17    (i) All fines and penalties imposed under this Section for
18any violation of Chapters 3, 4, 6, and 11 of the Illinois
19Vehicle Code, or a similar provision of a local ordinance, and
20any violation of the Child Passenger Protection Act, or a
21similar provision of a local ordinance, shall be collected and
22disbursed by the circuit clerk as provided under Section 27.5
23of the Clerks of Courts Act.
24    (j) In cases when prosecution for any violation of Section
2511-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
2611-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

 

 

09700HB5831ham004- 126 -LRB097 18967 RLC 67506 a

111-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
211-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
312-15, or 12-16 of the Criminal Code of 1961, any violation of
4the Illinois Controlled Substances Act, any violation of the
5Cannabis Control Act, or any violation of the Methamphetamine
6Control and Community Protection Act results in conviction, a
7disposition of court supervision, or an order of probation
8granted under Section 10 of the Cannabis Control Act, Section
9410 of the Illinois Controlled Substance Act, or Section 70 of
10the Methamphetamine Control and Community Protection Act of a
11defendant, the court shall determine whether the defendant is
12employed by a facility or center as defined under the Child
13Care Act of 1969, a public or private elementary or secondary
14school, or otherwise works with children under 18 years of age
15on a daily basis. When a defendant is so employed, the court
16shall order the Clerk of the Court to send a copy of the
17judgment of conviction or order of supervision or probation to
18the defendant's employer by certified mail. If the employer of
19the defendant is a school, the Clerk of the Court shall direct
20the mailing of a copy of the judgment of conviction or order of
21supervision or probation to the appropriate regional
22superintendent of schools. The regional superintendent of
23schools shall notify the State Board of Education of any
24notification under this subsection.
25    (j-5) A defendant at least 17 years of age who is convicted
26of a felony and who has not been previously convicted of a

 

 

09700HB5831ham004- 127 -LRB097 18967 RLC 67506 a

1misdemeanor or felony and who is sentenced to a term of
2imprisonment in the Illinois Department of Corrections shall as
3a condition of his or her sentence be required by the court to
4attend educational courses designed to prepare the defendant
5for a high school diploma and to work toward a high school
6diploma or to work toward passing the high school level Test of
7General Educational Development (GED) or to work toward
8completing a vocational training program offered by the
9Department of Corrections. If a defendant fails to complete the
10educational training required by his or her sentence during the
11term of incarceration, the Prisoner Review Board shall, as a
12condition of mandatory supervised release, require the
13defendant, at his or her own expense, to pursue a course of
14study toward a high school diploma or passage of the GED test.
15The Prisoner Review Board shall revoke the mandatory supervised
16release of a defendant who wilfully fails to comply with this
17subsection (j-5) upon his or her release from confinement in a
18penal institution while serving a mandatory supervised release
19term; however, the inability of the defendant after making a
20good faith effort to obtain financial aid or pay for the
21educational training shall not be deemed a wilful failure to
22comply. The Prisoner Review Board shall recommit the defendant
23whose mandatory supervised release term has been revoked under
24this subsection (j-5) as provided in Section 3-3-9. This
25subsection (j-5) does not apply to a defendant who has a high
26school diploma or has successfully passed the GED test. This

 

 

09700HB5831ham004- 128 -LRB097 18967 RLC 67506 a

1subsection (j-5) does not apply to a defendant who is
2determined by the court to be developmentally disabled or
3otherwise mentally incapable of completing the educational or
4vocational program.
5    (k) (Blank).
6    (l) (A) Except as provided in paragraph (C) of subsection
7    (l), whenever a defendant, who is an alien as defined by
8    the Immigration and Nationality Act, is convicted of any
9    felony or misdemeanor offense, the court after sentencing
10    the defendant may, upon motion of the State's Attorney,
11    hold sentence in abeyance and remand the defendant to the
12    custody of the Attorney General of the United States or his
13    or her designated agent to be deported when:
14            (1) a final order of deportation has been issued
15        against the defendant pursuant to proceedings under
16        the Immigration and Nationality Act, and
17            (2) the deportation of the defendant would not
18        deprecate the seriousness of the defendant's conduct
19        and would not be inconsistent with the ends of justice.
20        Otherwise, the defendant shall be sentenced as
21    provided in this Chapter V.
22        (B) If the defendant has already been sentenced for a
23    felony or misdemeanor offense, or has been placed on
24    probation under Section 10 of the Cannabis Control Act,
25    Section 410 of the Illinois Controlled Substances Act, or
26    Section 70 of the Methamphetamine Control and Community

 

 

09700HB5831ham004- 129 -LRB097 18967 RLC 67506 a

1    Protection Act, the court may, upon motion of the State's
2    Attorney to suspend the sentence imposed, commit the
3    defendant to the custody of the Attorney General of the
4    United States or his or her designated agent when:
5            (1) a final order of deportation has been issued
6        against the defendant pursuant to proceedings under
7        the Immigration and Nationality Act, and
8            (2) the deportation of the defendant would not
9        deprecate the seriousness of the defendant's conduct
10        and would not be inconsistent with the ends of justice.
11        (C) This subsection (l) does not apply to offenders who
12    are subject to the provisions of paragraph (2) of
13    subsection (a) of Section 3-6-3.
14        (D) Upon motion of the State's Attorney, if a defendant
15    sentenced under this Section returns to the jurisdiction of
16    the United States, the defendant shall be recommitted to
17    the custody of the county from which he or she was
18    sentenced. Thereafter, the defendant shall be brought
19    before the sentencing court, which may impose any sentence
20    that was available under Section 5-5-3 at the time of
21    initial sentencing. In addition, the defendant shall not be
22    eligible for additional good conduct credit for
23    meritorious service as provided under Section 3-6-6.
24    (m) A person convicted of criminal defacement of property
25under Section 21-1.3 of the Criminal Code of 1961, in which the
26property damage exceeds $300 and the property damaged is a

 

 

09700HB5831ham004- 130 -LRB097 18967 RLC 67506 a

1school building, shall be ordered to perform community service
2that may include cleanup, removal, or painting over the
3defacement.
4    (n) The court may sentence a person convicted of a
5violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
6subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
7of 1961 (i) to an impact incarceration program if the person is
8otherwise eligible for that program under Section 5-8-1.1, (ii)
9to community service, or (iii) if the person is an addict or
10alcoholic, as defined in the Alcoholism and Other Drug Abuse
11and Dependency Act, to a substance or alcohol abuse program
12licensed under that Act.
13    (o) Whenever a person is convicted of a sex offense as
14defined in Section 2 of the Sex Offender Registration Act, the
15defendant's driver's license or permit shall be subject to
16renewal on an annual basis in accordance with the provisions of
17license renewal established by the Secretary of State.
18(Source: P.A. 96-348, eff. 8-12-09; 96-400, eff. 8-13-09;
1996-829, eff. 12-3-09; 96-1200, eff. 7-22-10; 96-1551, Article
201, Section 970, eff. 7-1-11; 96-1551, Article 2, Section 1065,
21eff. 7-1-11; 96-1551, Article 10, Section 10-150, eff. 7-1-11;
2297-159, eff. 7-21-11; revised 9-14-11.)
 
23    (730 ILCS 5/5-5-3.2)
24    Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
25Sentencing.

 

 

09700HB5831ham004- 131 -LRB097 18967 RLC 67506 a

1    (a) The following factors shall be accorded weight in favor
2of imposing a term of imprisonment or may be considered by the
3court as reasons to impose a more severe sentence under Section
45-8-1 or Article 4.5 of Chapter V:
5        (1) the defendant's conduct caused or threatened
6    serious harm;
7        (2) the defendant received compensation for committing
8    the offense;
9        (3) the defendant has a history of prior delinquency or
10    criminal activity;
11        (4) the defendant, by the duties of his office or by
12    his position, was obliged to prevent the particular offense
13    committed or to bring the offenders committing it to
14    justice;
15        (5) the defendant held public office at the time of the
16    offense, and the offense related to the conduct of that
17    office;
18        (6) the defendant utilized his professional reputation
19    or position in the community to commit the offense, or to
20    afford him an easier means of committing it;
21        (7) the sentence is necessary to deter others from
22    committing the same crime;
23        (8) the defendant committed the offense against a
24    person 60 years of age or older or such person's property;
25        (9) the defendant committed the offense against a
26    person who is physically handicapped or such person's

 

 

09700HB5831ham004- 132 -LRB097 18967 RLC 67506 a

1    property;
2        (10) by reason of another individual's actual or
3    perceived race, color, creed, religion, ancestry, gender,
4    sexual orientation, physical or mental disability, or
5    national origin, the defendant committed the offense
6    against (i) the person or property of that individual; (ii)
7    the person or property of a person who has an association
8    with, is married to, or has a friendship with the other
9    individual; or (iii) the person or property of a relative
10    (by blood or marriage) of a person described in clause (i)
11    or (ii). For the purposes of this Section, "sexual
12    orientation" means heterosexuality, homosexuality, or
13    bisexuality;
14        (11) the offense took place in a place of worship or on
15    the grounds of a place of worship, immediately prior to,
16    during or immediately following worship services. For
17    purposes of this subparagraph, "place of worship" shall
18    mean any church, synagogue or other building, structure or
19    place used primarily for religious worship;
20        (12) the defendant was convicted of a felony committed
21    while he was released on bail or his own recognizance
22    pending trial for a prior felony and was convicted of such
23    prior felony, or the defendant was convicted of a felony
24    committed while he was serving a period of probation,
25    conditional discharge, or mandatory supervised release
26    under subsection (d) of Section 5-8-1 for a prior felony;

 

 

09700HB5831ham004- 133 -LRB097 18967 RLC 67506 a

1        (13) the defendant committed or attempted to commit a
2    felony while he was wearing a bulletproof vest. For the
3    purposes of this paragraph (13), a bulletproof vest is any
4    device which is designed for the purpose of protecting the
5    wearer from bullets, shot or other lethal projectiles;
6        (14) the defendant held a position of trust or
7    supervision such as, but not limited to, family member as
8    defined in Section 11-0.1 of the Criminal Code of 1961,
9    teacher, scout leader, baby sitter, or day care worker, in
10    relation to a victim under 18 years of age, and the
11    defendant committed an offense in violation of Section
12    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
13    11-14.4 except for an offense that involves keeping a place
14    of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
15    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
16    or 12-16 of the Criminal Code of 1961 against that victim;
17        (15) the defendant committed an offense related to the
18    activities of an organized gang. For the purposes of this
19    factor, "organized gang" has the meaning ascribed to it in
20    Section 10 of the Streetgang Terrorism Omnibus Prevention
21    Act;
22        (16) the defendant committed an offense in violation of
23    one of the following Sections while in a school, regardless
24    of the time of day or time of year; on any conveyance
25    owned, leased, or contracted by a school to transport
26    students to or from school or a school related activity; on

 

 

09700HB5831ham004- 134 -LRB097 18967 RLC 67506 a

1    the real property of a school; or on a public way within
2    1,000 feet of the real property comprising any school:
3    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
4    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
5    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
6    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
7    18-2, or 33A-2, or Section 12-3.05 except for subdivision
8    (a)(4) or (g)(1), of the Criminal Code of 1961;
9        (16.5) the defendant committed an offense in violation
10    of one of the following Sections while in a day care
11    center, regardless of the time of day or time of year; on
12    the real property of a day care center, regardless of the
13    time of day or time of year; or on a public way within
14    1,000 feet of the real property comprising any day care
15    center, regardless of the time of day or time of year:
16    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
17    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
18    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
19    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
20    18-2, or 33A-2, or Section 12-3.05 except for subdivision
21    (a)(4) or (g)(1), of the Criminal Code of 1961;
22        (17) the defendant committed the offense by reason of
23    any person's activity as a community policing volunteer or
24    to prevent any person from engaging in activity as a
25    community policing volunteer. For the purpose of this
26    Section, "community policing volunteer" has the meaning

 

 

09700HB5831ham004- 135 -LRB097 18967 RLC 67506 a

1    ascribed to it in Section 2-3.5 of the Criminal Code of
2    1961;
3        (18) the defendant committed the offense in a nursing
4    home or on the real property comprising a nursing home. For
5    the purposes of this paragraph (18), "nursing home" means a
6    skilled nursing or intermediate long term care facility
7    that is subject to license by the Illinois Department of
8    Public Health under the Nursing Home Care Act, the
9    Specialized Mental Health Rehabilitation Act, or the ID/DD
10    Community Care Act;
11        (19) the defendant was a federally licensed firearm
12    dealer and was previously convicted of a violation of
13    subsection (a) of Section 3 of the Firearm Owners
14    Identification Card and Certificate of Handgun
15    Registration Act and has now committed either a felony
16    violation of the Firearm Owners Identification Card and
17    Certificate of Handgun Registration Act or an act of armed
18    violence while armed with a firearm;
19        (20) the defendant (i) committed the offense of
20    reckless homicide under Section 9-3 of the Criminal Code of
21    1961 or the offense of driving under the influence of
22    alcohol, other drug or drugs, intoxicating compound or
23    compounds or any combination thereof under Section 11-501
24    of the Illinois Vehicle Code or a similar provision of a
25    local ordinance and (ii) was operating a motor vehicle in
26    excess of 20 miles per hour over the posted speed limit as

 

 

09700HB5831ham004- 136 -LRB097 18967 RLC 67506 a

1    provided in Article VI of Chapter 11 of the Illinois
2    Vehicle Code;
3        (21) the defendant (i) committed the offense of
4    reckless driving or aggravated reckless driving under
5    Section 11-503 of the Illinois Vehicle Code and (ii) was
6    operating a motor vehicle in excess of 20 miles per hour
7    over the posted speed limit as provided in Article VI of
8    Chapter 11 of the Illinois Vehicle Code;
9        (22) the defendant committed the offense against a
10    person that the defendant knew, or reasonably should have
11    known, was a member of the Armed Forces of the United
12    States serving on active duty. For purposes of this clause
13    (22), the term "Armed Forces" means any of the Armed Forces
14    of the United States, including a member of any reserve
15    component thereof or National Guard unit called to active
16    duty;
17        (23) the defendant committed the offense against a
18    person who was elderly, disabled, or infirm by taking
19    advantage of a family or fiduciary relationship with the
20    elderly, disabled, or infirm person;
21        (24) the defendant committed any offense under Section
22    11-20.1 of the Criminal Code of 1961 and possessed 100 or
23    more images;
24        (25) the defendant committed the offense while the
25    defendant or the victim was in a train, bus, or other
26    vehicle used for public transportation;

 

 

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1        (26) the defendant committed the offense of child
2    pornography or aggravated child pornography, specifically
3    including paragraph (1), (2), (3), (4), (5), or (7) of
4    subsection (a) of Section 11-20.1 of the Criminal Code of
5    1961 where a child engaged in, solicited for, depicted in,
6    or posed in any act of sexual penetration or bound,
7    fettered, or subject to sadistic, masochistic, or
8    sadomasochistic abuse in a sexual context and specifically
9    including paragraph (1), (2), (3), (4), (5), or (7) of
10    subsection (a) of Section 11-20.3 of the Criminal Code of
11    1961 where a child engaged in, solicited for, depicted in,
12    or posed in any act of sexual penetration or bound,
13    fettered, or subject to sadistic, masochistic, or
14    sadomasochistic abuse in a sexual context; or
15        (27) the defendant committed the offense of first
16    degree murder, assault, aggravated assault, battery,
17    aggravated battery, robbery, armed robbery, or aggravated
18    robbery against a person who was a veteran and the
19    defendant knew, or reasonably should have known, that the
20    person was a veteran performing duties as a representative
21    of a veterans' organization. For the purposes of this
22    paragraph (27), "veteran" means an Illinois resident who
23    has served as a member of the United States Armed Forces, a
24    member of the Illinois National Guard, or a member of the
25    United States Reserve Forces; and "veterans' organization"
26    means an organization comprised of members of which

 

 

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1    substantially all are individuals who are veterans or
2    spouses, widows, or widowers of veterans, the primary
3    purpose of which is to promote the welfare of its members
4    and to provide assistance to the general public in such a
5    way as to confer a public benefit.
6    For the purposes of this Section:
7    "School" is defined as a public or private elementary or
8secondary school, community college, college, or university.
9    "Day care center" means a public or private State certified
10and licensed day care center as defined in Section 2.09 of the
11Child Care Act of 1969 that displays a sign in plain view
12stating that the property is a day care center.
13    "Public transportation" means the transportation or
14conveyance of persons by means available to the general public,
15and includes paratransit services.
16    (b) The following factors, related to all felonies, may be
17considered by the court as reasons to impose an extended term
18sentence under Section 5-8-2 upon any offender:
19        (1) When a defendant is convicted of any felony, after
20    having been previously convicted in Illinois or any other
21    jurisdiction of the same or similar class felony or greater
22    class felony, when such conviction has occurred within 10
23    years after the previous conviction, excluding time spent
24    in custody, and such charges are separately brought and
25    tried and arise out of different series of acts; or
26        (2) When a defendant is convicted of any felony and the

 

 

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1    court finds that the offense was accompanied by
2    exceptionally brutal or heinous behavior indicative of
3    wanton cruelty; or
4        (3) When a defendant is convicted of any felony
5    committed against:
6            (i) a person under 12 years of age at the time of
7        the offense or such person's property;
8            (ii) a person 60 years of age or older at the time
9        of the offense or such person's property; or
10            (iii) a person physically handicapped at the time
11        of the offense or such person's property; or
12        (4) When a defendant is convicted of any felony and the
13    offense involved any of the following types of specific
14    misconduct committed as part of a ceremony, rite,
15    initiation, observance, performance, practice or activity
16    of any actual or ostensible religious, fraternal, or social
17    group:
18            (i) the brutalizing or torturing of humans or
19        animals;
20            (ii) the theft of human corpses;
21            (iii) the kidnapping of humans;
22            (iv) the desecration of any cemetery, religious,
23        fraternal, business, governmental, educational, or
24        other building or property; or
25            (v) ritualized abuse of a child; or
26        (5) When a defendant is convicted of a felony other

 

 

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1    than conspiracy and the court finds that the felony was
2    committed under an agreement with 2 or more other persons
3    to commit that offense and the defendant, with respect to
4    the other individuals, occupied a position of organizer,
5    supervisor, financier, or any other position of management
6    or leadership, and the court further finds that the felony
7    committed was related to or in furtherance of the criminal
8    activities of an organized gang or was motivated by the
9    defendant's leadership in an organized gang; or
10        (6) When a defendant is convicted of an offense
11    committed while using a firearm with a laser sight attached
12    to it. For purposes of this paragraph, "laser sight" has
13    the meaning ascribed to it in Section 24.6-5 of the
14    Criminal Code of 1961; or
15        (7) When a defendant who was at least 17 years of age
16    at the time of the commission of the offense is convicted
17    of a felony and has been previously adjudicated a
18    delinquent minor under the Juvenile Court Act of 1987 for
19    an act that if committed by an adult would be a Class X or
20    Class 1 felony when the conviction has occurred within 10
21    years after the previous adjudication, excluding time
22    spent in custody; or
23        (8) When a defendant commits any felony and the
24    defendant used, possessed, exercised control over, or
25    otherwise directed an animal to assault a law enforcement
26    officer engaged in the execution of his or her official

 

 

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1    duties or in furtherance of the criminal activities of an
2    organized gang in which the defendant is engaged.
3    (c) The following factors may be considered by the court as
4reasons to impose an extended term sentence under Section 5-8-2
5(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
6        (1) When a defendant is convicted of first degree
7    murder, after having been previously convicted in Illinois
8    of any offense listed under paragraph (c)(2) of Section
9    5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred
10    within 10 years after the previous conviction, excluding
11    time spent in custody, and the charges are separately
12    brought and tried and arise out of different series of
13    acts.
14        (1.5) When a defendant is convicted of first degree
15    murder, after having been previously convicted of domestic
16    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
17    (720 ILCS 5/12-3.3) committed on the same victim or after
18    having been previously convicted of violation of an order
19    of protection (720 ILCS 5/12-30) in which the same victim
20    was the protected person.
21        (2) When a defendant is convicted of voluntary
22    manslaughter, second degree murder, involuntary
23    manslaughter, or reckless homicide in which the defendant
24    has been convicted of causing the death of more than one
25    individual.
26        (3) When a defendant is convicted of aggravated

 

 

09700HB5831ham004- 142 -LRB097 18967 RLC 67506 a

1    criminal sexual assault or criminal sexual assault, when
2    there is a finding that aggravated criminal sexual assault
3    or criminal sexual assault was also committed on the same
4    victim by one or more other individuals, and the defendant
5    voluntarily participated in the crime with the knowledge of
6    the participation of the others in the crime, and the
7    commission of the crime was part of a single course of
8    conduct during which there was no substantial change in the
9    nature of the criminal objective.
10        (4) If the victim was under 18 years of age at the time
11    of the commission of the offense, when a defendant is
12    convicted of aggravated criminal sexual assault or
13    predatory criminal sexual assault of a child under
14    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
15    of Section 12-14.1 of the Criminal Code of 1961 (720 ILCS
16    5/11-1.40 or 5/12-14.1).
17        (5) When a defendant is convicted of a felony violation
18    of Section 24-1 of the Criminal Code of 1961 (720 ILCS
19    5/24-1) and there is a finding that the defendant is a
20    member of an organized gang.
21        (6) When a defendant was convicted of unlawful use of
22    weapons under Section 24-1 of the Criminal Code of 1961
23    (720 ILCS 5/24-1) for possessing a weapon that is not
24    readily distinguishable as one of the weapons enumerated in
25    Section 24-1 of the Criminal Code of 1961 (720 ILCS
26    5/24-1).

 

 

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1        (7) When a defendant is convicted of an offense
2    involving the illegal manufacture of a controlled
3    substance under Section 401 of the Illinois Controlled
4    Substances Act (720 ILCS 570/401), the illegal manufacture
5    of methamphetamine under Section 25 of the Methamphetamine
6    Control and Community Protection Act (720 ILCS 646/25), or
7    the illegal possession of explosives and an emergency
8    response officer in the performance of his or her duties is
9    killed or injured at the scene of the offense while
10    responding to the emergency caused by the commission of the
11    offense. In this paragraph, "emergency" means a situation
12    in which a person's life, health, or safety is in jeopardy;
13    and "emergency response officer" means a peace officer,
14    community policing volunteer, fireman, emergency medical
15    technician-ambulance, emergency medical
16    technician-intermediate, emergency medical
17    technician-paramedic, ambulance driver, other medical
18    assistance or first aid personnel, or hospital emergency
19    room personnel.
20    (d) For the purposes of this Section, "organized gang" has
21the meaning ascribed to it in Section 10 of the Illinois
22Streetgang Terrorism Omnibus Prevention Act.
23    (e) The court may impose an extended term sentence under
24Article 4.5 of Chapter V upon an offender who has been
25convicted of a felony violation of Section 12-13, 12-14,
2612-14.1, 12-15, or 12-16 of the Criminal Code of 1961 when the

 

 

09700HB5831ham004- 144 -LRB097 18967 RLC 67506 a

1victim of the offense is under 18 years of age at the time of
2the commission of the offense and, during the commission of the
3offense, the victim was under the influence of alcohol,
4regardless of whether or not the alcohol was supplied by the
5offender; and the offender, at the time of the commission of
6the offense, knew or should have known that the victim had
7consumed alcohol.
8(Source: P.A. 96-41, eff. 1-1-10; 96-292, eff. 1-1-10; 96-328,
9eff. 8-11-09; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10;
1096-1200, eff. 7-22-10; 96-1228, eff. 1-1-11; 96-1390, eff.
111-1-11; 96-1551, Article 1, Section 970, eff. 7-1-11; 96-1551,
12Article 2, Section 1065, eff. 7-1-11; 97-38, eff. 6-28-11,
1397-227, eff. 1-1-12; 97-333, eff. 8-12-11; revised 9-14-11.)
 
14    Section 55. The Mental Health and Developmental
15Disabilities Confidentiality Act is amended by changing
16Section 12 as follows:
 
17    (740 ILCS 110/12)  (from Ch. 91 1/2, par. 812)
18    Sec. 12. (a) If the United States Secret Service or the
19Department of State Police requests information from a mental
20health or developmental disability facility, as defined in
21Section 1-107 and 1-114 of the Mental Health and Developmental
22Disabilities Code, relating to a specific recipient and the
23facility director determines that disclosure of such
24information may be necessary to protect the life of, or to

 

 

09700HB5831ham004- 145 -LRB097 18967 RLC 67506 a

1prevent the infliction of great bodily harm to, a public
2official, or a person under the protection of the United States
3Secret Service, only the following information may be
4disclosed: the recipient's name, address, and age and the date
5of any admission to or discharge from a facility; and any
6information which would indicate whether or not the recipient
7has a history of violence or presents a danger of violence to
8the person under protection. Any information so disclosed shall
9be used for investigative purposes only and shall not be
10publicly disseminated. Any person participating in good faith
11in the disclosure of such information in accordance with this
12provision shall have immunity from any liability, civil,
13criminal or otherwise, if such information is disclosed relying
14upon the representation of an officer of the United States
15Secret Service or the Department of State Police that a person
16is under the protection of the United States Secret Service or
17is a public official.
18    For the purpose of this subsection (a), the term "public
19official" means the Governor, Lieutenant Governor, Attorney
20General, Secretary of State, State Comptroller, State
21Treasurer, member of the General Assembly, member of the United
22States Congress, Judge of the United States as defined in 28
23U.S.C. 451, Justice of the United States as defined in 28
24U.S.C. 451, United States Magistrate Judge as defined in 28
25U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
26Supreme, Appellate, Circuit, or Associate Judge of the State of

 

 

09700HB5831ham004- 146 -LRB097 18967 RLC 67506 a

1Illinois. The term shall also include the spouse, child or
2children of a public official.
3    (b) The Department of Human Services (acting as successor
4to the Department of Mental Health and Developmental
5Disabilities) and all public or private hospitals and mental
6health facilities are required, as hereafter described in this
7subsection, to furnish the Department of State Police only such
8information as may be required for the sole purpose of
9determining whether an individual who may be or may have been a
10patient is disqualified because of that status from receiving
11or retaining a Firearm Owner's Identification Card under
12subsection (e) or (f) of Section 8 of the Firearm Owners
13Identification Card and Certificate of Handgun Registration
14Act or 18 U.S.C. 922(g) and (n). All public or private
15hospitals and mental health facilities shall, in the form and
16manner required by the Department, provide such information as
17shall be necessary for the Department to comply with the
18reporting requirements to the Department of State Police. Such
19information shall be furnished within 7 days after admission to
20a public or private hospital or mental health facility or the
21provision of services to a patient described in clause (2) of
22this subsection (b). Any such information disclosed under this
23subsection shall remain privileged and confidential, and shall
24not be redisclosed, except as required by clause (e)(2) of
25Section 3.1 of the Firearm Owners Identification Card and
26Certificate of Handgun Registration Act, nor utilized for any

 

 

09700HB5831ham004- 147 -LRB097 18967 RLC 67506 a

1other purpose. The method of requiring the providing of such
2information shall guarantee that no information is released
3beyond what is necessary for this purpose. In addition, the
4information disclosed shall be provided by the Department
5within the time period established by Section 24-3 of the
6Criminal Code of 1961 regarding the delivery of firearms. The
7method used shall be sufficient to provide the necessary
8information within the prescribed time period, which may
9include periodically providing lists to the Department of Human
10Services or any public or private hospital or mental health
11facility of Firearm Owner's Identification Card applicants on
12which the Department or hospital shall indicate the identities
13of those individuals who are to its knowledge disqualified from
14having a Firearm Owner's Identification Card for reasons
15described herein. The Department may provide for a centralized
16source of information for the State on this subject under its
17jurisdiction.
18    Any person, institution, or agency, under this Act,
19participating in good faith in the reporting or disclosure of
20records and communications otherwise in accordance with this
21provision or with rules, regulations or guidelines issued by
22the Department shall have immunity from any liability, civil,
23criminal or otherwise, that might result by reason of the
24action. For the purpose of any proceeding, civil or criminal,
25arising out of a report or disclosure in accordance with this
26provision, the good faith of any person, institution, or agency

 

 

09700HB5831ham004- 148 -LRB097 18967 RLC 67506 a

1so reporting or disclosing shall be presumed. The full extent
2of the immunity provided in this subsection (b) shall apply to
3any person, institution or agency that fails to make a report
4or disclosure in the good faith belief that the report or
5disclosure would violate federal regulations governing the
6confidentiality of alcohol and drug abuse patient records
7implementing 42 U.S.C. 290dd-3 and 290ee-3.
8    For purposes of this subsection (b) only, the following
9terms shall have the meaning prescribed:
10        (1) "Hospital" means only that type of institution
11    which is providing full-time residential facilities and
12    treatment.
13        (2) "Patient" shall include only: (i) a person who is
14    an in-patient or resident of any public or private hospital
15    or mental health facility or (ii) a person who is an
16    out-patient or provided services by a public or private
17    hospital or mental health facility whose mental condition
18    is of such a nature that it is manifested by violent,
19    suicidal, threatening, or assaultive behavior or reported
20    behavior, for which there is a reasonable belief by a
21    physician, clinical psychologist, or qualified examiner
22    that the condition poses a clear and present or imminent
23    danger to the patient, any other person or the community
24    meaning the patient's condition poses a clear and present
25    danger in accordance with subsection (f) of Section 8 of
26    the Firearm Owners Identification Card and Certificate of

 

 

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1    Handgun Registration Act. The terms physician, clinical
2    psychologist, and qualified examiner are defined in
3    Sections 1-120, 1-103, and 1-122 of the Mental Health and
4    Developmental Disabilities Code.
5        (3) "Mental health facility" is defined by Section
6    1-114 of the Mental Health and Developmental Disabilities
7    Code.
8    (c) Upon the request of a peace officer who takes a person
9into custody and transports such person to a mental health or
10developmental disability facility pursuant to Section 3-606 or
114-404 of the Mental Health and Developmental Disabilities Code
12or who transports a person from such facility, a facility
13director shall furnish said peace officer the name, address,
14age and name of the nearest relative of the person transported
15to or from the mental health or developmental disability
16facility. In no case shall the facility director disclose to
17the peace officer any information relating to the diagnosis,
18treatment or evaluation of the person's mental or physical
19health.
20    For the purposes of this subsection (c), the terms "mental
21health or developmental disability facility", "peace officer"
22and "facility director" shall have the meanings ascribed to
23them in the Mental Health and Developmental Disabilities Code.
24    (d) Upon the request of a peace officer or prosecuting
25authority who is conducting a bona fide investigation of a
26criminal offense, or attempting to apprehend a fugitive from

 

 

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1justice, a facility director may disclose whether a person is
2present at the facility. Upon request of a peace officer or
3prosecuting authority who has a valid forcible felony warrant
4issued, a facility director shall disclose: (1) whether the
5person who is the subject of the warrant is present at the
6facility and (2) the date of that person's discharge or future
7discharge from the facility. The requesting peace officer or
8prosecuting authority must furnish a case number and the
9purpose of the investigation or an outstanding arrest warrant
10at the time of the request. Any person, institution, or agency
11participating in good faith in disclosing such information in
12accordance with this subsection (d) is immune from any
13liability, civil, criminal or otherwise, that might result by
14reason of the action.
15(Source: P.A. 95-564, eff. 6-1-08; 96-193, eff. 8-10-09.)
 
16    Section 60. The Uniform Disposition of Unclaimed Property
17Act is amended by changing Section 1 as follows:
 
18    (765 ILCS 1025/1)  (from Ch. 141, par. 101)
19    Sec. 1. As used in this Act, unless the context otherwise
20requires:
21    (a) "Banking organization" means any bank, trust company,
22savings bank, industrial bank, land bank, safe deposit company,
23or a private banker.
24    (b) "Business association" means any corporation, joint

 

 

09700HB5831ham004- 151 -LRB097 18967 RLC 67506 a

1stock company, business trust, partnership, or any
2association, limited liability company, or other business
3entity consisting of one or more persons, whether or not for
4profit.
5    (c) "Financial organization" means any savings and loan
6association, building and loan association, credit union,
7currency exchange, co-operative bank, mutual funds, or
8investment company.
9    (d) "Holder" means any person in possession of property
10subject to this Act belonging to another, or who is trustee in
11case of a trust, or is indebted to another on an obligation
12subject to this Act.
13    (e) "Life insurance corporation" means any association or
14corporation transacting the business of insurance on the lives
15of persons or insurance appertaining thereto, including, but
16not by way of limitation, endowments and annuities.
17    (f) "Owner" means a depositor in case of a deposit, a
18beneficiary in case of a trust, a creditor, claimant, or payee
19in case of other property, or any person having a legal or
20equitable interest in property subject to this Act, or his
21legal representative.
22    (g) "Person" means any individual, business association,
23financial organization, government or political subdivision or
24agency, public authority, estate, trust, or any other legal or
25commercial entity.
26    (h) "Utility" means any person who owns or operates, for

 

 

09700HB5831ham004- 152 -LRB097 18967 RLC 67506 a

1public use, any plant, equipment, property, franchise, or
2license for the transmission of communications or the
3production, storage, transmission, sale, delivery, or
4furnishing of electricity, water, steam, oil or gas.
5    (i) (Blank).
6    (j) "Insurance company" means any person transacting the
7kinds of business enumerated in Section 4 of the Illinois
8Insurance Code other than life insurance.
9    (k) "Economic loss", as used in Sections 2a and 9 of this
10Act includes, but is not limited to, delivery charges,
11mark-downs and write-offs, carrying costs, restocking charges,
12lay-aways, special orders, issuance of credit memos, and the
13costs of special services or goods provided that reduce the
14property value or that result in lost sales opportunity.
15    (l) "Reportable property" means property, tangible or
16intangible, presumed abandoned under this Act that must be
17appropriately and timely reported and remitted to the Office of
18the State Treasurer under this Act. Interest, dividends, stock
19splits, warrants, or other rights that become reportable
20property under this Act include the underlying security or
21commodity giving rise to the interest, dividend, split,
22warrant, or other right to which the owner would be entitled.
23    (m) "Firearm" has the meaning ascribed to that term in the
24Firearm Owners Identification Card and Certificate of Handgun
25Registration Act.
26(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; 91-748,

 

 

09700HB5831ham004- 153 -LRB097 18967 RLC 67506 a

1eff. 6-2-00.)
 
2    Section 99. Effective date. This Act takes effect July 1,
32014.".