Illinois General Assembly - Full Text of HB2531
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Full Text of HB2531  102nd General Assembly

HB2531 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2531

 

Introduced 2/19/2021, by Rep. Thomas M. Bennett

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 705/2  from Ch. 85, par. 502
720 ILCS 5/24-2
730 ILCS 5/3-2-13 new
730 ILCS 125/26.1 new

    Amends the Illinois Police Training Act. Defines "retired law enforcement officer qualified under federal law" for purposes of the Act to permit the carrying of a concealed weapon. Amends the Criminal Code of 2012, the Unified Code of Corrections, and the County Jail Act. Permits currently employed and qualified retired State correctional officers and county correctional officers to carry their own firearms off-duty without being in violation of the unlawful use of weapons and aggravated unlawful use of a weapon statutes if they meet certain training requirements. Provides that currently employed and qualified retired State correctional officers and county correctional officers shall carry a photographic identification and a valid annual firearm certificate while carrying their own firearms off-duty. Limited to correctional officers who have custody and control over inmates in an adult correctional facility. Effective immediately.


LRB102 10637 RLC 15966 b

 

 

A BILL FOR

 

HB2531LRB102 10637 RLC 15966 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Police Training Act is amended by
5changing Section 2 as follows:
 
6    (50 ILCS 705/2)  (from Ch. 85, par. 502)
7    Sec. 2. Definitions. As used in this Act, unless the
8context otherwise requires:
9    "Board" means the Illinois Law Enforcement Training
10Standards Board.
11    "Local governmental agency" means any local governmental
12unit or municipal corporation in this State. It does not
13include the State of Illinois or any office, officer,
14department, division, bureau, board, commission, or agency of
15the State, except that it does include a State-controlled
16university, college or public community college.
17    "Police training school" means any school located within
18the State of Illinois whether privately or publicly owned
19which offers a course in police or county corrections training
20and has been approved by the Board.
21    "Probationary police officer" means a recruit law
22enforcement officer required to successfully complete initial
23minimum basic training requirements at a police training

 

 

HB2531- 2 -LRB102 10637 RLC 15966 b

1school to be eligible for permanent full-time employment as a
2local law enforcement officer.
3    "Probationary part-time police officer" means a recruit
4part-time law enforcement officer required to successfully
5complete initial minimum part-time training requirements to be
6eligible for employment on a part-time basis as a local law
7enforcement officer.
8    "Permanent police officer" means a law enforcement officer
9who has completed his or her probationary period and is
10permanently employed on a full-time basis as a local law
11enforcement officer by a participating local governmental unit
12or as a security officer or campus policeman permanently
13employed by a participating State-controlled university,
14college, or public community college.
15    "Part-time police officer" means a law enforcement officer
16who has completed his or her probationary period and is
17employed on a part-time basis as a law enforcement officer by a
18participating unit of local government or as a campus
19policeman by a participating State-controlled university,
20college, or public community college.
21    "Law enforcement officer" means (i) any police officer of
22a local governmental agency who is primarily responsible for
23prevention or detection of crime and the enforcement of the
24criminal code, traffic, or highway laws of this State or any
25political subdivision of this State or (ii) any member of a
26police force appointed and maintained as provided in Section 2

 

 

HB2531- 3 -LRB102 10637 RLC 15966 b

1of the Railroad Police Act.
2    "Recruit" means any full-time or part-time law enforcement
3officer or full-time county corrections officer who is
4enrolled in an approved training course.
5    "Retired law enforcement officer qualified under federal
6law" means an individual who:
7        (1) separated from service in good standing from
8    service with a public agency as a law enforcement officer,
9    other than for reasons of mental disability;
10        (2) before such separation, was authorized by law to
11    engage in or supervise the prevention, detection,
12    investigation, or prosecution of, or the incarceration of
13    any person for, any violation of law, and had statutory
14    powers of arrest or apprehension granted by statute;
15        (3) served as a law enforcement officer for an
16    aggregate of 10 years or more before his or her separation
17    in good standing from service with his or her agency, or
18    separated from service in good standing, after completing
19    any applicable probationary period of service, due to a
20    service-connected disability as determined by the agency;
21        (4) has met State firearms training and qualifications
22    that are the same as the training and qualifications for
23    active duty officers;
24        (5) is not under the influence of alcohol or another
25    intoxicating or hallucinatory drug or substance; and
26        (6) is not prohibited by federal law from carrying a

 

 

HB2531- 4 -LRB102 10637 RLC 15966 b

1    firearm.
2    "Probationary county corrections officer" means a recruit
3county corrections officer required to successfully complete
4initial minimum basic training requirements at a police
5training school to be eligible for permanent employment on a
6full-time basis as a county corrections officer.
7    "Permanent county corrections officer" means a county
8corrections officer who has completed his probationary period
9and is permanently employed on a full-time basis as a county
10corrections officer by a participating local governmental
11unit.
12    "County corrections officer" means any sworn officer of
13the sheriff who is primarily responsible for the control and
14custody of offenders, detainees or inmates.
15    "Probationary court security officer" means a recruit
16court security officer required to successfully complete
17initial minimum basic training requirements at a designated
18training school to be eligible for employment as a court
19security officer.
20    "Permanent court security officer" means a court security
21officer who has completed his or her probationary period and
22is employed as a court security officer by a participating
23local governmental unit.
24    "Court security officer" has the meaning ascribed to it in
25Section 3-6012.1 of the Counties Code.
26(Source: P.A. 94-846, eff. 1-1-07.)
 

 

 

HB2531- 5 -LRB102 10637 RLC 15966 b

1    Section 10. The Criminal Code of 2012 is amended by
2changing Section 24-2 as follows:
 
3    (720 ILCS 5/24-2)
4    Sec. 24-2. Exemptions.
5    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
624-1(a)(13) and Section 24-1.6 do not apply to or affect any of
7the following:
8        (1) Peace officers, and any person summoned by a peace
9    officer to assist in making arrests or preserving the
10    peace, while actually engaged in assisting such officer.
11        (2) Wardens, superintendents and keepers of prisons,
12    penitentiaries, jails and other institutions for the
13    detention of persons accused or convicted of an offense,
14    while in the performance of their official duty, or while
15    commuting between their homes and places of employment.
16        (3) Members of the Armed Services or Reserve Forces of
17    the United States or the Illinois National Guard or the
18    Reserve Officers Training Corps, while in the performance
19    of their official duty.
20        (4) Special agents employed by a railroad or a public
21    utility to perform police functions, and guards of armored
22    car companies, while actually engaged in the performance
23    of the duties of their employment or commuting between
24    their homes and places of employment; and watchmen while

 

 

HB2531- 6 -LRB102 10637 RLC 15966 b

1    actually engaged in the performance of the duties of their
2    employment.
3        (5) Persons licensed as private security contractors,
4    private detectives, or private alarm contractors, or
5    employed by a private security contractor, private
6    detective, or private alarm contractor agency licensed by
7    the Department of Financial and Professional Regulation,
8    if their duties include the carrying of a weapon under the
9    provisions of the Private Detective, Private Alarm,
10    Private Security, Fingerprint Vendor, and Locksmith Act of
11    2004, while actually engaged in the performance of the
12    duties of their employment or commuting between their
13    homes and places of employment. A person shall be
14    considered eligible for this exemption if he or she has
15    completed the required 20 hours of training for a private
16    security contractor, private detective, or private alarm
17    contractor, or employee of a licensed private security
18    contractor, private detective, or private alarm contractor
19    agency and 20 hours of required firearm training, and has
20    been issued a firearm control card by the Department of
21    Financial and Professional Regulation. Conditions for the
22    renewal of firearm control cards issued under the
23    provisions of this Section shall be the same as for those
24    cards issued under the provisions of the Private
25    Detective, Private Alarm, Private Security, Fingerprint
26    Vendor, and Locksmith Act of 2004. The firearm control

 

 

HB2531- 7 -LRB102 10637 RLC 15966 b

1    card shall be carried by the private security contractor,
2    private detective, or private alarm contractor, or
3    employee of the licensed private security contractor,
4    private detective, or private alarm contractor agency at
5    all times when he or she is in possession of a concealable
6    weapon permitted by his or her firearm control card.
7        (6) Any person regularly employed in a commercial or
8    industrial operation as a security guard for the
9    protection of persons employed and private property
10    related to such commercial or industrial operation, while
11    actually engaged in the performance of his or her duty or
12    traveling between sites or properties belonging to the
13    employer, and who, as a security guard, is a member of a
14    security force registered with the Department of Financial
15    and Professional Regulation; provided that such security
16    guard has successfully completed a course of study,
17    approved by and supervised by the Department of Financial
18    and Professional Regulation, consisting of not less than
19    40 hours of training that includes the theory of law
20    enforcement, liability for acts, and the handling of
21    weapons. A person shall be considered eligible for this
22    exemption if he or she has completed the required 20 hours
23    of training for a security officer and 20 hours of
24    required firearm training, and has been issued a firearm
25    control card by the Department of Financial and
26    Professional Regulation. Conditions for the renewal of

 

 

HB2531- 8 -LRB102 10637 RLC 15966 b

1    firearm control cards issued under the provisions of this
2    Section shall be the same as for those cards issued under
3    the provisions of the Private Detective, Private Alarm,
4    Private Security, Fingerprint Vendor, and Locksmith Act of
5    2004. The firearm control card shall be carried by the
6    security guard at all times when he or she is in possession
7    of a concealable weapon permitted by his or her firearm
8    control card.
9        (7) Agents and investigators of the Illinois
10    Legislative Investigating Commission authorized by the
11    Commission to carry the weapons specified in subsections
12    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
13    any investigation for the Commission.
14        (8) Persons employed by a financial institution as a
15    security guard for the protection of other employees and
16    property related to such financial institution, while
17    actually engaged in the performance of their duties,
18    commuting between their homes and places of employment, or
19    traveling between sites or properties owned or operated by
20    such financial institution, and who, as a security guard,
21    is a member of a security force registered with the
22    Department; provided that any person so employed has
23    successfully completed a course of study, approved by and
24    supervised by the Department of Financial and Professional
25    Regulation, consisting of not less than 40 hours of
26    training which includes theory of law enforcement,

 

 

HB2531- 9 -LRB102 10637 RLC 15966 b

1    liability for acts, and the handling of weapons. A person
2    shall be considered to be eligible for this exemption if
3    he or she has completed the required 20 hours of training
4    for a security officer and 20 hours of required firearm
5    training, and has been issued a firearm control card by
6    the Department of Financial and Professional Regulation.
7    Conditions for renewal of firearm control cards issued
8    under the provisions of this Section shall be the same as
9    for those issued under the provisions of the Private
10    Detective, Private Alarm, Private Security, Fingerprint
11    Vendor, and Locksmith Act of 2004. The firearm control
12    card shall be carried by the security guard at all times
13    when he or she is in possession of a concealable weapon
14    permitted by his or her firearm control card. For purposes
15    of this subsection, "financial institution" means a bank,
16    savings and loan association, credit union or company
17    providing armored car services.
18        (9) Any person employed by an armored car company to
19    drive an armored car, while actually engaged in the
20    performance of his duties.
21        (10) Persons who have been classified as peace
22    officers pursuant to the Peace Officer Fire Investigation
23    Act.
24        (11) Investigators of the Office of the State's
25    Attorneys Appellate Prosecutor authorized by the board of
26    governors of the Office of the State's Attorneys Appellate

 

 

HB2531- 10 -LRB102 10637 RLC 15966 b

1    Prosecutor to carry weapons pursuant to Section 7.06 of
2    the State's Attorneys Appellate Prosecutor's Act.
3        (12) Special investigators appointed by a State's
4    Attorney under Section 3-9005 of the Counties Code.
5        (12.5) Probation officers while in the performance of
6    their duties, or while commuting between their homes,
7    places of employment or specific locations that are part
8    of their assigned duties, with the consent of the chief
9    judge of the circuit for which they are employed, if they
10    have received weapons training according to requirements
11    of the Peace Officer and Probation Officer Firearm
12    Training Act.
13        (13) Court Security Officers while in the performance
14    of their official duties, or while commuting between their
15    homes and places of employment, with the consent of the
16    Sheriff.
17        (13.5) A person employed as an armed security guard at
18    a nuclear energy, storage, weapons or development site or
19    facility regulated by the Nuclear Regulatory Commission
20    who has completed the background screening and training
21    mandated by the rules and regulations of the Nuclear
22    Regulatory Commission.
23        (14) Manufacture, transportation, or sale of weapons
24    to persons authorized under subdivisions (1) through
25    (13.5) of this subsection to possess those weapons.
26    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

 

 

HB2531- 11 -LRB102 10637 RLC 15966 b

1to or affect any person carrying a concealed pistol, revolver,
2or handgun and the person has been issued a currently valid
3license under the Firearm Concealed Carry Act at the time of
4the commission of the offense.
5     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
6to or affect a qualified current or retired law enforcement
7officer qualified under the laws of this State or under the
8federal Law Enforcement Officers Safety Act.
9    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1024-1.6 do not apply to or affect any of the following:
11        (1) Members of any club or organization organized for
12    the purpose of practicing shooting at targets upon
13    established target ranges, whether public or private, and
14    patrons of such ranges, while such members or patrons are
15    using their firearms on those target ranges.
16        (2) Duly authorized military or civil organizations
17    while parading, with the special permission of the
18    Governor.
19        (3) Hunters, trappers or fishermen with a license or
20    permit while engaged in hunting, trapping or fishing.
21        (4) Transportation of weapons that are broken down in
22    a non-functioning state or are not immediately accessible.
23        (5) Carrying or possessing any pistol, revolver, stun
24    gun or taser or other firearm on the land or in the legal
25    dwelling of another person as an invitee with that
26    person's permission.

 

 

HB2531- 12 -LRB102 10637 RLC 15966 b

1    (c) Subsection 24-1(a)(7) does not apply to or affect any
2of the following:
3        (1) Peace officers while in performance of their
4    official duties.
5        (2) Wardens, superintendents and keepers of prisons,
6    penitentiaries, jails and other institutions for the
7    detention of persons accused or convicted of an offense.
8        (3) Members of the Armed Services or Reserve Forces of
9    the United States or the Illinois National Guard, while in
10    the performance of their official duty.
11        (4) Manufacture, transportation, or sale of machine
12    guns to persons authorized under subdivisions (1) through
13    (3) of this subsection to possess machine guns, if the
14    machine guns are broken down in a non-functioning state or
15    are not immediately accessible.
16        (5) Persons licensed under federal law to manufacture
17    any weapon from which 8 or more shots or bullets can be
18    discharged by a single function of the firing device, or
19    ammunition for such weapons, and actually engaged in the
20    business of manufacturing such weapons or ammunition, but
21    only with respect to activities which are within the
22    lawful scope of such business, such as the manufacture,
23    transportation, or testing of such weapons or ammunition.
24    This exemption does not authorize the general private
25    possession of any weapon from which 8 or more shots or
26    bullets can be discharged by a single function of the

 

 

HB2531- 13 -LRB102 10637 RLC 15966 b

1    firing device, but only such possession and activities as
2    are within the lawful scope of a licensed manufacturing
3    business described in this paragraph.
4        During transportation, such weapons shall be broken
5    down in a non-functioning state or not immediately
6    accessible.
7        (6) The manufacture, transport, testing, delivery,
8    transfer or sale, and all lawful commercial or
9    experimental activities necessary thereto, of rifles,
10    shotguns, and weapons made from rifles or shotguns, or
11    ammunition for such rifles, shotguns or weapons, where
12    engaged in by a person operating as a contractor or
13    subcontractor pursuant to a contract or subcontract for
14    the development and supply of such rifles, shotguns,
15    weapons or ammunition to the United States government or
16    any branch of the Armed Forces of the United States, when
17    such activities are necessary and incident to fulfilling
18    the terms of such contract.
19        The exemption granted under this subdivision (c)(6)
20    shall also apply to any authorized agent of any such
21    contractor or subcontractor who is operating within the
22    scope of his employment, where such activities involving
23    such weapon, weapons or ammunition are necessary and
24    incident to fulfilling the terms of such contract.
25        (7) A person possessing a rifle with a barrel or
26    barrels less than 16 inches in length if: (A) the person

 

 

HB2531- 14 -LRB102 10637 RLC 15966 b

1    has been issued a Curios and Relics license from the U.S.
2    Bureau of Alcohol, Tobacco, Firearms and Explosives; or
3    (B) the person is an active member of a bona fide,
4    nationally recognized military re-enacting group and the
5    modification is required and necessary to accurately
6    portray the weapon for historical re-enactment purposes;
7    the re-enactor is in possession of a valid and current
8    re-enacting group membership credential; and the overall
9    length of the weapon as modified is not less than 26
10    inches.
11    (d) Subsection 24-1(a)(1) does not apply to the purchase,
12possession or carrying of a black-jack or slung-shot by a
13peace officer.
14    (e) Subsection 24-1(a)(8) does not apply to any owner,
15manager or authorized employee of any place specified in that
16subsection nor to any law enforcement officer.
17    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
18Section 24-1.6 do not apply to members of any club or
19organization organized for the purpose of practicing shooting
20at targets upon established target ranges, whether public or
21private, while using their firearms on those target ranges.
22    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
23to:
24        (1) Members of the Armed Services or Reserve Forces of
25    the United States or the Illinois National Guard, while in
26    the performance of their official duty.

 

 

HB2531- 15 -LRB102 10637 RLC 15966 b

1        (2) Bonafide collectors of antique or surplus military
2    ordnance.
3        (3) Laboratories having a department of forensic
4    ballistics, or specializing in the development of
5    ammunition or explosive ordnance.
6        (4) Commerce, preparation, assembly or possession of
7    explosive bullets by manufacturers of ammunition licensed
8    by the federal government, in connection with the supply
9    of those organizations and persons exempted by subdivision
10    (g)(1) of this Section, or like organizations and persons
11    outside this State, or the transportation of explosive
12    bullets to any organization or person exempted in this
13    Section by a common carrier or by a vehicle owned or leased
14    by an exempted manufacturer.
15    (g-5) Subsection 24-1(a)(6) does not apply to or affect
16persons licensed under federal law to manufacture any device
17or attachment of any kind designed, used, or intended for use
18in silencing the report of any firearm, firearms, or
19ammunition for those firearms equipped with those devices, and
20actually engaged in the business of manufacturing those
21devices, firearms, or ammunition, but only with respect to
22activities that are within the lawful scope of that business,
23such as the manufacture, transportation, or testing of those
24devices, firearms, or ammunition. This exemption does not
25authorize the general private possession of any device or
26attachment of any kind designed, used, or intended for use in

 

 

HB2531- 16 -LRB102 10637 RLC 15966 b

1silencing the report of any firearm, but only such possession
2and activities as are within the lawful scope of a licensed
3manufacturing business described in this subsection (g-5).
4During transportation, these devices shall be detached from
5any weapon or not immediately accessible.
6    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
724-1.6 do not apply to or affect any parole agent or parole
8supervisor who meets the qualifications and conditions
9prescribed in Section 3-14-1.5 of the Unified Code of
10Corrections.
11    (g-7) Subsection 24-1(a)(6) does not apply to a peace
12officer while serving as a member of a tactical response team
13or special operations team. A peace officer may not personally
14own or apply for ownership of a device or attachment of any
15kind designed, used, or intended for use in silencing the
16report of any firearm. These devices shall be owned and
17maintained by lawfully recognized units of government whose
18duties include the investigation of criminal acts.
19    (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2024-1.6 do not apply to or affect any currently employed or
21qualified retired State correctional officer who meets the
22qualifications and conditions prescribed in Section 3-2-12 of
23the Unified Code of Corrections.
24    (g-9) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2524-1.6 do not apply to or affect any currently employed or
26qualified retired county correctional officer who meets the

 

 

HB2531- 17 -LRB102 10637 RLC 15966 b

1qualifications and conditions prescribed in Section 26.1 of
2the County Jail Act.
3    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
424-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
5athlete's possession, transport on official Olympic and
6Paralympic transit systems established for athletes, or use of
7competition firearms sanctioned by the International Olympic
8Committee, the International Paralympic Committee, the
9International Shooting Sport Federation, or USA Shooting in
10connection with such athlete's training for and participation
11in shooting competitions at the 2016 Olympic and Paralympic
12Games and sanctioned test events leading up to the 2016
13Olympic and Paralympic Games.
14    (h) An information or indictment based upon a violation of
15any subsection of this Article need not negative any
16exemptions contained in this Article. The defendant shall have
17the burden of proving such an exemption.
18    (i) Nothing in this Article shall prohibit, apply to, or
19affect the transportation, carrying, or possession, of any
20pistol or revolver, stun gun, taser, or other firearm
21consigned to a common carrier operating under license of the
22State of Illinois or the federal government, where such
23transportation, carrying, or possession is incident to the
24lawful transportation in which such common carrier is engaged;
25and nothing in this Article shall prohibit, apply to, or
26affect the transportation, carrying, or possession of any

 

 

HB2531- 18 -LRB102 10637 RLC 15966 b

1pistol, revolver, stun gun, taser, or other firearm, not the
2subject of and regulated by subsection 24-1(a)(7) or
3subsection 24-2(c) of this Article, which is unloaded and
4enclosed in a case, firearm carrying box, shipping box, or
5other container, by the possessor of a valid Firearm Owners
6Identification Card.
7(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
 
8    Section 15. The Unified Code of Corrections is amended by
9adding Section 3-2-13 as follows:
 
10    (730 ILCS 5/3-2-13 new)
11    Sec. 3-2-13. State correctional officers; off-duty
12firearms.
13    (a) In this Section, "State correctional officer" means an
14employee of the Department of Corrections who has custody and
15control over inmates in an adult correctional facility.
16    (b) In this Section, "qualified retired State correctional
17officer" means a former State correctional officer who:
18        (1) was separated from service with the Department of
19    Corrections in good standing;
20        (2) before the separation, was authorized by law to
21    engage in or supervise the activities of prevention,
22    detection, investigation, prosecution, or incarceration of
23    any person for any violation of law;
24        (3) before the separation, served as a State

 

 

HB2531- 19 -LRB102 10637 RLC 15966 b

1    correctional officer for an aggregate of 10 years or more;
2        (4) has not either:
3            (A) been officially found, as the Department shall
4        by rule provide, by a qualified medical professional
5        employed by the Department of Corrections to be
6        unqualified for reasons relating to mental health and
7        as a result of this finding will not be issued the
8        photographic identification as described in paragraph
9        (5) of subsection (c); or
10            (B) entered into an agreement with the Department
11        of Corrections in which that individual acknowledges
12        he or she is not qualified under this Section for
13        reasons relating to mental health and for those
14        reasons will not receive or accept the photographic
15        identification as described in paragraph (5) of
16        subsection (c);
17        (5) is not under the influence of alcohol or any other
18    intoxicating or hallucinatory drug or substance; and
19        (6) is not prohibited by State or federal law from
20    owning or possessing a firearm.
21    (c) Paragraphs (4) and (10) of subsection (a) of Section
2224-1 and Section 24-1.6 of the Criminal Code of 2012 do not
23apply to currently employed or qualified retired State
24correctional officers who meet the following conditions:
25        (1) The currently employed or qualified retired State
26    correctional officer must receive training in the use of

 

 

HB2531- 20 -LRB102 10637 RLC 15966 b

1    firearms while off-duty conducted by the Illinois Law
2    Enforcement Training Standards Board and be certified as
3    having successfully completed the training by the Board.
4    The Board shall determine the amount of the training and
5    the course content for the training. The currently
6    employed or qualified retired State correctional officer
7    shall requalify for the firearms training annually at a
8    State range certified by the Illinois Law Enforcement
9    Training Standards Board. The expenses of the retraining
10    shall be paid by the currently employed or qualified
11    retired State correctional officer and moneys for the
12    costs of the requalification shall be expended at the
13    request of the Illinois Law Enforcement Training Standards
14    Board.
15        (2) The currently employed or qualified retired State
16    correctional officer shall purchase the firearm at his or
17    her own expense and shall register the firearm with the
18    Illinois State Police and with any local law enforcement
19    agencies that require the registration.
20        (3) The currently employed or qualified retired State
21    correctional officer may not carry any Department of
22    Corrections State-issued firearm while off-duty. A person
23    who violates this paragraph (3) is subject to disciplinary
24    action by the Department of Corrections.
25        (4) State correctional officers who are or were
26    discharged from employment by the Department of

 

 

HB2531- 21 -LRB102 10637 RLC 15966 b

1    Corrections are not law enforcement officials after the
2    date of discharge.
3        (5) The currently employed or qualified retired State
4    correctional officer shall carry photographic
5    identification issued by the Department of Corrections
6    identifying him or her as a currently employed or
7    qualified retired State correctional officer while
8    carrying a firearm off-duty, along with a valid annual
9    firearm certificate issued by the Illinois Law Enforcement
10    Training Standards Board stating that he or she is
11    qualified to carry a concealed weapon.
 
12    Section 20. The County Jail Act is amended by adding
13Section 26.1 as follows:
 
14    (730 ILCS 125/26.1 new)
15    Sec. 26.1. County correctional officers; off-duty
16firearms.
17    (a) In this Section, "county correctional officer" means
18an employee of a county sheriff's office within this State who
19has custody and control over adult inmates in a county jail.
20    (b) In this Section, "qualified retired county
21correctional officer" means a former county correctional
22officer who:
23        (1) was separated from service with the county
24    sheriff's office in good standing;

 

 

HB2531- 22 -LRB102 10637 RLC 15966 b

1        (2) before the separation, was authorized by law to
2    engage in or supervise the activities of prevention,
3    detection, investigation, prosecution, or incarceration of
4    any person for any violation of law;
5        (3) before the separation, served as a county
6    correctional officer for an aggregate of 10 years or more;
7        (4) has not either:
8            (A) been officially found, as the county sheriff
9        shall by rule provide, by a qualified medical
10        professional employed by the county sheriff to be
11        unqualified for reasons relating to mental health and
12        as a result of this finding will not be issued the
13        photographic identification as described in paragraph
14        (5) of subsection (c); or
15            (B) entered into an agreement with the county
16        sheriff's office from which the individual is
17        separated form service in which that individual
18        acknowledges he or she is not qualified under this
19        Section for reasons relating to mental health and for
20        those reasons will not receive or accept the
21        photographic identification as described in paragraph
22        (5) of subsection (c);
23        (5) is not under the influence of alcohol or any other
24    intoxicating or hallucinatory drug or substance; and
25        (6) is not prohibited by State or federal law from
26    receiving a firearm.

 

 

HB2531- 23 -LRB102 10637 RLC 15966 b

1    (c) Paragraphs (4) and (10) of subsection (a) of Section
224-1 and Section 24-1.6 of the Criminal Code of 2012 do not
3apply to currently employed or qualified retired county
4correctional officers who meet the following conditions:
5        (1) The currently employed or qualified retired county
6    correctional officer must receive training in the use of
7    firearms while off-duty conducted by the Illinois Law
8    Enforcement Training Standards Board and be certified as
9    having successfully completed the training by the Board.
10    The Board shall determine the amount of the training and
11    the course content for the training. The currently
12    employed or qualified retired county correctional officer
13    shall requalify for the firearms training annually at a
14    State range certified by the Illinois Law Enforcement
15    Training Standards Board. The expenses of the retraining
16    shall be paid by the currently employed or qualified
17    retired county correctional officer and moneys for the
18    costs of the requalification shall be expended at the
19    request of the Illinois Law Enforcement Training Standards
20    Board.
21        (2) The currently employed or qualified retired county
22    correctional officer shall purchase the firearm at his or
23    her own expense and shall register the firearm with the
24    Illinois State Police and with any other local law
25    enforcement agencies that require the registration.
26        (3) The currently employed or qualified retired county

 

 

HB2531- 24 -LRB102 10637 RLC 15966 b

1    correctional officer may not carry any county
2    sheriff-issued firearm while off-duty. A person who
3    violates this paragraph (3) is subject to disciplinary
4    action by the county sheriff.
5        (4) County correctional officers who are or were
6    discharged from employment by the county sheriff shall no
7    longer be considered law enforcement officials and all
8    their rights as law enforcement officials shall be revoked
9    permanently.
10        (5) The currently employed or qualified retired county
11    correctional officer shall carry a photographic
12    identification issued by his or her agency identifying him
13    or her as a currently employed or qualified retired county
14    correctional officer while carrying a firearm off-duty,
15    along with a valid annual firearm certificate issued by
16    the Illinois Law Enforcement Training Standards Board
17    stating that he or she is qualified to carry a concealed
18    weapon.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.