Illinois General Assembly - Full Text of SB3664
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB3664  102nd General Assembly

SB3664 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3664

 

Introduced 1/21/2022, by Sen. John Connor

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-9005  from Ch. 34, par. 3-9005
430 ILCS 66/65
720 ILCS 5/21-6  from Ch. 38, par. 21-6
720 ILCS 5/33A-2  from Ch. 38, par. 33A-2

    Amends the Firearm Concealed Carry Act. Provides that a State's Attorney who has been issued a license to carry a concealed firearm pursuant to the Act may carry a concealed firearm in specified areas otherwise prohibited. Amends the Counties Code making conforming changes. Amends the Criminal Code of 2012. Provides that the offenses of unauthorized possession or storage of weapons and armed violence do not apply to the carrying of a concealed firearm by a State's Attorney as allowed by law.


LRB102 24265 AWJ 33496 b

 

 

A BILL FOR

 

SB3664LRB102 24265 AWJ 33496 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing
5Section 3-9005 as follows:
 
6    (55 ILCS 5/3-9005)  (from Ch. 34, par. 3-9005)
7    Sec. 3-9005. Powers and duties of State's Attorney.
8    (a) The duty of each State's Attorney shall be:
9        (1) To commence and prosecute all actions, suits,
10    indictments and prosecutions, civil and criminal, in the
11    circuit court for the county, in which the people of the
12    State or county may be concerned.
13        (2) To prosecute all forfeited bonds and
14    recognizances, and all actions and proceedings for the
15    recovery of debts, revenues, moneys, fines, penalties and
16    forfeitures accruing to the State or the county, or to any
17    school district or road district in the county; also, to
18    prosecute all suits in the county against railroad or
19    transportation companies, which may be prosecuted in the
20    name of the People of the State of Illinois.
21        (3) To commence and prosecute all actions and
22    proceedings brought by any county officer in the county
23    officer's official capacity.

 

 

SB3664- 2 -LRB102 24265 AWJ 33496 b

1        (4) To defend all actions and proceedings brought
2    against the county, or against any county or State
3    officer, in the county or State officer's official
4    capacity, within the county.
5        (5) To attend the examination of all persons brought
6    before any judge on habeas corpus, when the prosecution is
7    in the county.
8        (6) To attend before judges and prosecute charges of
9    felony or misdemeanor, for which the offender is required
10    to be recognized to appear before the circuit court, when
11    in the State's Attorney's power so to do.
12        (7) To give the State's Attorney's opinion, without
13    fee or reward, to any county officer in the county, upon
14    any question or law relating to any criminal or other
15    matter, in which the people or the county may be
16    concerned.
17        (8) To assist the Attorney General whenever it may be
18    necessary, and in cases of appeal from the county to the
19    Supreme Court, to which it is the duty of the Attorney
20    General to attend, the State's Attorney shall furnish the
21    Attorney General at least 10 days before such is due to be
22    filed, a manuscript of a proposed statement, brief and
23    argument to be printed and filed on behalf of the people,
24    prepared in accordance with the rules of the Supreme
25    Court. However, if such brief, argument or other document
26    is due to be filed by law or order of court within this

 

 

SB3664- 3 -LRB102 24265 AWJ 33496 b

1    10-day period, then the State's Attorney shall furnish
2    such as soon as may be reasonable.
3        (9) To pay all moneys received by the State's Attorney
4    in trust, without delay, to the officer who by law is
5    entitled to the custody thereof.
6        (10) To notify, by first class mail, complaining
7    witnesses of the ultimate disposition of the cases arising
8    from an indictment or an information.
9        (11) To perform such other and further duties as may,
10    from time to time, be enjoined on the State's Attorney by
11    law.
12        (12) To appear in all proceedings by collectors of
13    taxes against delinquent taxpayers for judgments to sell
14    real estate, and see that all the necessary preliminary
15    steps have been legally taken to make the judgment legal
16    and binding.
17        (13) To notify, by first-class mail, the State
18    Superintendent of Education, the applicable regional
19    superintendent of schools, and the superintendent of the
20    employing school district or the chief school
21    administrator of the employing nonpublic school, if any,
22    upon the conviction of any individual known to possess a
23    certificate or license issued pursuant to Article 21 or
24    21B, respectively, of the School Code of any offense set
25    forth in Section 21B-80 of the School Code or any other
26    felony conviction, providing the name of the certificate

 

 

SB3664- 4 -LRB102 24265 AWJ 33496 b

1    holder, the fact of the conviction, and the name and
2    location of the court where the conviction occurred. The
3    certificate holder must also be contemporaneously sent a
4    copy of the notice.
5    (b) The State's Attorney of each county shall have
6authority to appoint one or more special investigators to
7serve subpoenas and summonses, make return of process, and
8conduct investigations which assist the State's Attorney in
9the performance of the State's Attorney duties. In counties of
10the first and second class, the fees for service of subpoenas
11and summonses are allowed by this Section and shall be
12consistent with those set forth in Section 4-5001 of this Act,
13except when increased by county ordinance as provided for in
14Section 4-5001. In counties of the third class, the fees for
15service of subpoenas and summonses are allowed by this Section
16and shall be consistent with those set forth in Section
174-12001 of this Act. A special investigator shall not carry
18firearms except with permission of the State's Attorney and
19only while carrying appropriate identification indicating the
20special investigator's employment and in the performance of
21the special investigator's assigned duties.
22    Subject to the qualifications set forth in this
23subsection, special investigators shall be peace officers and
24shall have all the powers possessed by investigators under the
25State's Attorneys Appellate Prosecutor's Act.
26    No special investigator employed by the State's Attorney

 

 

SB3664- 5 -LRB102 24265 AWJ 33496 b

1shall have peace officer status or exercise police powers
2unless the special investigator successfully completes the
3basic police training course mandated and approved by the
4Illinois Law Enforcement Training Standards Board or such
5board waives the training requirement by reason of the special
6investigator's prior law enforcement experience or training or
7both. Any State's Attorney appointing a special investigator
8shall consult with all affected local police agencies, to the
9extent consistent with the public interest, if the special
10investigator is assigned to areas within that agency's
11jurisdiction.
12    Before a person is appointed as a special investigator,
13the person's fingerprints shall be taken and transmitted to
14the Department of State Police. The Department shall examine
15its records and submit to the State's Attorney of the county in
16which the investigator seeks appointment any conviction
17information concerning the person on file with the Department.
18No person shall be appointed as a special investigator if the
19person has been convicted of a felony or other offense
20involving moral turpitude. A special investigator shall be
21paid a salary and be reimbursed for actual expenses incurred
22in performing the special investigator's assigned duties. The
23county board shall approve the salary and actual expenses and
24appropriate the salary and expenses in the manner prescribed
25by law or ordinance.
26    (c) The State's Attorney may request and receive from

 

 

SB3664- 6 -LRB102 24265 AWJ 33496 b

1employers, labor unions, telephone companies, and utility
2companies location information concerning putative fathers and
3noncustodial parents for the purpose of establishing a child's
4paternity or establishing, enforcing, or modifying a child
5support obligation. In this subsection, "location information"
6means information about (i) the physical whereabouts of a
7putative father or noncustodial parent, (ii) the putative
8father or noncustodial parent's employer, or (iii) the salary,
9wages, and other compensation paid and the health insurance
10coverage provided to the putative father or noncustodial
11parent by the employer of the putative father or noncustodial
12parent or by a labor union of which the putative father or
13noncustodial parent is a member.
14    (d) (Blank).
15    (e) The State's Attorney shall have the authority to enter
16into a written agreement with the Department of Revenue for
17pursuit of civil liability under subsection (E) of Section
1817-1 of the Criminal Code of 2012 against persons who have
19issued to the Department checks or other orders in violation
20of the provisions of paragraph (1) of subsection (B) of
21Section 17-1 of the Criminal Code of 2012, with the Department
22to retain the amount owing upon the dishonored check or order
23along with the dishonored check fee imposed under the Uniform
24Penalty and Interest Act, with the balance of damages, fees,
25and costs collected under subsection (E) of Section 17-1 of
26the Criminal Code of 2012 or under Section 17-1a of that Code

 

 

SB3664- 7 -LRB102 24265 AWJ 33496 b

1to be retained by the State's Attorney. The agreement shall
2not affect the allocation of fines and costs imposed in any
3criminal prosecution.
4    (f) In a county with less than 2,000,000 inhabitants, and
5only upon receipt of a written request by the superintendent
6of the county Veterans Assistance Commission for the county in
7which the State's Attorney is located, the State's Attorney
8shall have the discretionary authority to render an opinion,
9without fee or reward, upon any question of law relating to a
10matter in which the county Veterans Assistance Commission may
11be concerned. The State's Attorney shall have the discretion
12to grant or decline such a request.
13    (g) The State's Attorney while holding office may, upon
14being issued a license to carry a concealed firearm pursuant
15to the Firearm Concealed Carry Act, carry a concealed firearm
16in specified prohibited areas as provided under subsection (e)
17of Section 65 of the Firearm Concealed Carry Act.
18(Source: P.A. 101-275, eff. 8-9-19; 102-56, eff. 7-9-21.)
 
19    Section 10. The Firearm Concealed Carry Act is amended by
20changing Section 65 as follows:
 
21    (430 ILCS 66/65)
22    Sec. 65. Prohibited areas.
23    (a) A licensee under this Act shall not knowingly carry a
24firearm on or into:

 

 

SB3664- 8 -LRB102 24265 AWJ 33496 b

1        (1) Any building, real property, and parking area
2    under the control of a public or private elementary or
3    secondary school.
4        (2) Any building, real property, and parking area
5    under the control of a pre-school or child care facility,
6    including any room or portion of a building under the
7    control of a pre-school or child care facility. Nothing in
8    this paragraph shall prevent the operator of a child care
9    facility in a family home from owning or possessing a
10    firearm in the home or license under this Act, if no child
11    under child care at the home is present in the home or the
12    firearm in the home is stored in a locked container when a
13    child under child care at the home is present in the home.
14        (3) Any building, parking area, or portion of a
15    building under the control of an officer of the executive
16    or legislative branch of government, provided that nothing
17    in this paragraph shall prohibit a licensee from carrying
18    a concealed firearm onto the real property, bikeway, or
19    trail in a park regulated by the Department of Natural
20    Resources or any other designated public hunting area or
21    building where firearm possession is permitted as
22    established by the Department of Natural Resources under
23    Section 1.8 of the Wildlife Code.
24        (4) Any building designated for matters before a
25    circuit court, appellate court, or the Supreme Court, or
26    any building or portion of a building under the control of

 

 

SB3664- 9 -LRB102 24265 AWJ 33496 b

1    the Supreme Court.
2        (5) Any building or portion of a building under the
3    control of a unit of local government.
4        (6) Any building, real property, and parking area
5    under the control of an adult or juvenile detention or
6    correctional institution, prison, or jail.
7        (7) Any building, real property, and parking area
8    under the control of a public or private hospital or
9    hospital affiliate, mental health facility, or nursing
10    home.
11        (8) Any bus, train, or form of transportation paid for
12    in whole or in part with public funds, and any building,
13    real property, and parking area under the control of a
14    public transportation facility paid for in whole or in
15    part with public funds.
16        (9) Any building, real property, and parking area
17    under the control of an establishment that serves alcohol
18    on its premises, if more than 50% of the establishment's
19    gross receipts within the prior 3 months is from the sale
20    of alcohol. The owner of an establishment who knowingly
21    fails to prohibit concealed firearms on its premises as
22    provided in this paragraph or who knowingly makes a false
23    statement or record to avoid the prohibition on concealed
24    firearms under this paragraph is subject to the penalty
25    under subsection (c-5) of Section 10-1 of the Liquor
26    Control Act of 1934.

 

 

SB3664- 10 -LRB102 24265 AWJ 33496 b

1        (10) Any public gathering or special event conducted
2    on property open to the public that requires the issuance
3    of a permit from the unit of local government, provided
4    this prohibition shall not apply to a licensee who must
5    walk through a public gathering in order to access his or
6    her residence, place of business, or vehicle.
7        (11) Any building or real property that has been
8    issued a Special Event Retailer's license as defined in
9    Section 1-3.17.1 of the Liquor Control Act during the time
10    designated for the sale of alcohol by the Special Event
11    Retailer's license, or a Special use permit license as
12    defined in subsection (q) of Section 5-1 of the Liquor
13    Control Act during the time designated for the sale of
14    alcohol by the Special use permit license.
15        (12) Any public playground.
16        (13) Any public park, athletic area, or athletic
17    facility under the control of a municipality or park
18    district, provided nothing in this Section shall prohibit
19    a licensee from carrying a concealed firearm while on a
20    trail or bikeway if only a portion of the trail or bikeway
21    includes a public park.
22        (14) Any real property under the control of the Cook
23    County Forest Preserve District.
24        (15) Any building, classroom, laboratory, medical
25    clinic, hospital, artistic venue, athletic venue,
26    entertainment venue, officially recognized

 

 

SB3664- 11 -LRB102 24265 AWJ 33496 b

1    university-related organization property, whether owned or
2    leased, and any real property, including parking areas,
3    sidewalks, and common areas under the control of a public
4    or private community college, college, or university.
5        (16) Any building, real property, or parking area
6    under the control of a gaming facility licensed under the
7    Illinois Gambling Act or the Illinois Horse Racing Act of
8    1975, including an inter-track wagering location licensee.
9        (17) Any stadium, arena, or the real property or
10    parking area under the control of a stadium, arena, or any
11    collegiate or professional sporting event.
12        (18) Any building, real property, or parking area
13    under the control of a public library.
14        (19) Any building, real property, or parking area
15    under the control of an airport.
16        (20) Any building, real property, or parking area
17    under the control of an amusement park.
18        (21) Any building, real property, or parking area
19    under the control of a zoo or museum.
20        (22) Any street, driveway, parking area, property,
21    building, or facility, owned, leased, controlled, or used
22    by a nuclear energy, storage, weapons, or development site
23    or facility regulated by the federal Nuclear Regulatory
24    Commission. The licensee shall not under any circumstance
25    store a firearm or ammunition in his or her vehicle or in a
26    compartment or container within a vehicle located anywhere

 

 

SB3664- 12 -LRB102 24265 AWJ 33496 b

1    in or on the street, driveway, parking area, property,
2    building, or facility described in this paragraph.
3        (23) Any area where firearms are prohibited under
4    federal law.
5    (a-5) Nothing in this Act shall prohibit a public or
6private community college, college, or university from:
7        (1) prohibiting persons from carrying a firearm within
8    a vehicle owned, leased, or controlled by the college or
9    university;
10        (2) developing resolutions, regulations, or policies
11    regarding student, employee, or visitor misconduct and
12    discipline, including suspension and expulsion;
13        (3) developing resolutions, regulations, or policies
14    regarding the storage or maintenance of firearms, which
15    must include designated areas where persons can park
16    vehicles that carry firearms; and
17        (4) permitting the carrying or use of firearms for the
18    purpose of instruction and curriculum of officially
19    recognized programs, including but not limited to military
20    science and law enforcement training programs, or in any
21    designated area used for hunting purposes or target
22    shooting.
23    (a-10) The owner of private real property of any type may
24prohibit the carrying of concealed firearms on the property
25under his or her control. The owner must post a sign in
26accordance with subsection (d) of this Section indicating that

 

 

SB3664- 13 -LRB102 24265 AWJ 33496 b

1firearms are prohibited on the property, unless the property
2is a private residence.
3    (b) Notwithstanding subsections (a), (a-5), and (a-10) of
4this Section except under paragraph (22) or (23) of subsection
5(a), any licensee prohibited from carrying a concealed firearm
6into the parking area of a prohibited location specified in
7subsection (a), (a-5), or (a-10) of this Section shall be
8permitted to carry a concealed firearm on or about his or her
9person within a vehicle into the parking area and may store a
10firearm or ammunition concealed in a case within a locked
11vehicle or locked container out of plain view within the
12vehicle in the parking area. A licensee may carry a concealed
13firearm in the immediate area surrounding his or her vehicle
14within a prohibited parking lot area only for the limited
15purpose of storing or retrieving a firearm within the
16vehicle's trunk. For purposes of this subsection, "case"
17includes a glove compartment or console that completely
18encloses the concealed firearm or ammunition, the trunk of the
19vehicle, or a firearm carrying box, shipping box, or other
20container.
21    (c) A licensee shall not be in violation of this Section
22while he or she is traveling along a public right of way that
23touches or crosses any of the premises under subsection (a),
24(a-5), or (a-10) of this Section if the concealed firearm is
25carried on his or her person in accordance with the provisions
26of this Act or is being transported in a vehicle by the

 

 

SB3664- 14 -LRB102 24265 AWJ 33496 b

1licensee in accordance with all other applicable provisions of
2law.
3    (d) Signs stating that the carrying of firearms is
4prohibited shall be clearly and conspicuously posted at the
5entrance of a building, premises, or real property specified
6in this Section as a prohibited area, unless the building or
7premises is a private residence. Signs shall be of a uniform
8design as established by the Illinois State Police and shall
9be 4 inches by 6 inches in size. The Illinois State Police
10shall adopt rules for standardized signs to be used under this
11subsection.
12    (e) A State's Attorney who has been issued a license to
13carry a concealed firearm pursuant to this Act may carry a
14concealed firearm in areas prohibited by this Section while
15holding office. However, this subsection does not authorize
16the State's Attorney to carry a concealed firearm in the areas
17prohibited in paragraph (6), (7), (14), (19), (22), or (23) of
18subsection (a).
19(Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
 
20    Section 15. The Criminal Code of 2012 is amended by
21changing Sections 21-6 and 33A-2 as follows:
 
22    (720 ILCS 5/21-6)  (from Ch. 38, par. 21-6)
23    Sec. 21-6. Unauthorized Possession or Storage of Weapons.
24    (a) Whoever possesses or stores any weapon enumerated in

 

 

SB3664- 15 -LRB102 24265 AWJ 33496 b

1Section 33A-1 in any building or on land supported in whole or
2in part with public funds or in any building on such land
3without prior written permission from the chief security
4officer for such land or building commits a Class A
5misdemeanor.
6    (b) The chief security officer must grant any reasonable
7request for permission under paragraph (a).
8    (c) This Section does not apply to the carrying of a
9concealed firearm by a State's Attorney as provided in Section
103-9005 of the Counties Code.
11(Source: P.A. 89-685, eff. 6-1-97.)
 
12    (720 ILCS 5/33A-2)  (from Ch. 38, par. 33A-2)
13    Sec. 33A-2. Armed violence-Elements of the offense.
14    (a) A person commits armed violence when, while armed with
15a dangerous weapon, he commits any felony defined by Illinois
16Law, except first degree murder, attempted first degree
17murder, intentional homicide of an unborn child, second degree
18murder, involuntary manslaughter, reckless homicide, predatory
19criminal sexual assault of a child, aggravated battery of a
20child as described in Section 12-4.3 or subdivision (b)(1) of
21Section 12-3.05, home invasion, or any offense that makes the
22possession or use of a dangerous weapon either an element of
23the base offense, an aggravated or enhanced version of the
24offense, or a mandatory sentencing factor that increases the
25sentencing range.

 

 

SB3664- 16 -LRB102 24265 AWJ 33496 b

1    (b) A person commits armed violence when he or she
2personally discharges a firearm that is a Category I or
3Category II weapon while committing any felony defined by
4Illinois law, except first degree murder, attempted first
5degree murder, intentional homicide of an unborn child, second
6degree murder, involuntary manslaughter, reckless homicide,
7predatory criminal sexual assault of a child, aggravated
8battery of a child as described in Section 12-4.3 or
9subdivision (b)(1) of Section 12-3.05, home invasion, or any
10offense that makes the possession or use of a dangerous weapon
11either an element of the base offense, an aggravated or
12enhanced version of the offense, or a mandatory sentencing
13factor that increases the sentencing range.
14    (c) A person commits armed violence when he or she
15personally discharges a firearm that is a Category I or
16Category II weapon that proximately causes great bodily harm,
17permanent disability, or permanent disfigurement or death to
18another person while committing any felony defined by Illinois
19law, except first degree murder, attempted first degree
20murder, intentional homicide of an unborn child, second degree
21murder, involuntary manslaughter, reckless homicide, predatory
22criminal sexual assault of a child, aggravated battery of a
23child as described in Section 12-4.3 or subdivision (b)(1) of
24Section 12-3.05, home invasion, or any offense that makes the
25possession or use of a dangerous weapon either an element of
26the base offense, an aggravated or enhanced version of the

 

 

SB3664- 17 -LRB102 24265 AWJ 33496 b

1offense, or a mandatory sentencing factor that increases the
2sentencing range.
3    (d) This Section does not apply to: violations of the Fish
4and Aquatic Life Code or the Wildlife Code; or the carrying of
5a concealed firearm by a State's Attorney as provided in
6Section 3-9005 of the Counties Code.
7(Source: P.A. 95-688, eff. 10-23-07; 96-1551, eff. 7-1-11.)