SB1639 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB1639

 

Introduced 2/9/2011, by Sen. Tim Bivins

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-2
730 ILCS 5/3-2-12 new
730 ILCS 125/27 new

    Amends the Criminal Code of 1961, the Unified Code of Corrections, and the County Jail Act. Permits currently employed and 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.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning correctional officers.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Criminal Code of 1961 is amended by changing
5Section 24-2 as follows:
 
6    (720 ILCS 5/24-2)
7    Sec. 24-2. Exemptions.
8    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
924-1(a)(13) and Section 24-1.6 do not apply to or affect any of
10the following:
11        (1) Peace officers, and any person summoned by a peace
12    officer to assist in making arrests or preserving the
13    peace, while actually engaged in assisting such officer.
14        (2) Wardens, superintendents and keepers of prisons,
15    penitentiaries, jails and other institutions for the
16    detention of persons accused or convicted of an offense,
17    while in the performance of their official duty, or while
18    commuting between their homes and places of employment.
19        (3) Members of the Armed Services or Reserve Forces of
20    the United States or the Illinois National Guard or the
21    Reserve Officers Training Corps, while in the performance
22    of their official duty.
23        (4) Special agents employed by a railroad or a public

 

 

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1    utility to perform police functions, and guards of armored
2    car companies, while actually engaged in the performance of
3    the duties of their employment or commuting between their
4    homes and places of employment; and watchmen while actually
5    engaged in the performance of the duties of their
6    employment.
7        (5) Persons licensed as private security contractors,
8    private detectives, or private alarm contractors, or
9    employed by an agency certified by the Department of
10    Professional Regulation, if their duties include the
11    carrying of a weapon under the provisions of the Private
12    Detective, Private Alarm, Private Security, Fingerprint
13    Vendor, and Locksmith Act of 2004, while actually engaged
14    in the performance of the duties of their employment or
15    commuting between their homes and places of employment,
16    provided that such commuting is accomplished within one
17    hour from departure from home or place of employment, as
18    the case may be. Persons exempted under this subdivision
19    (a)(5) shall be required to have completed a course of
20    study in firearms handling and training approved and
21    supervised by the Department of Professional Regulation as
22    prescribed by Section 28 of the Private Detective, Private
23    Alarm, Private Security, Fingerprint Vendor, and Locksmith
24    Act of 2004, prior to becoming eligible for this exemption.
25    The Department of Professional Regulation shall provide
26    suitable documentation demonstrating the successful

 

 

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

 

 

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1    Locksmith Act of 2004. Such firearm control card shall be
2    carried by the security guard at all times when he or she
3    is in possession of a concealable weapon.
4        (7) Agents and investigators of the Illinois
5    Legislative Investigating Commission authorized by the
6    Commission to carry the weapons specified in subsections
7    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
8    any investigation for the Commission.
9        (8) Persons employed by a financial institution for the
10    protection of other employees and property related to such
11    financial institution, while actually engaged in the
12    performance of their duties, commuting between their homes
13    and places of employment, or traveling between sites or
14    properties owned or operated by such financial
15    institution, provided that any person so employed has
16    successfully completed a course of study, approved by and
17    supervised by the Department of Professional Regulation,
18    consisting of not less than 40 hours of training which
19    includes theory of law enforcement, liability for acts, and
20    the handling of weapons. A person shall be considered to be
21    eligible for this exemption if he or she has completed the
22    required 20 hours of training for a security officer and 20
23    hours of required firearm training, and has been issued a
24    firearm control card by the Department of Professional
25    Regulation. Conditions for renewal of firearm control
26    cards issued under the provisions of this Section shall be

 

 

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1    the same as for those issued under the provisions of the
2    Private Detective, Private Alarm, Private Security,
3    Fingerprint Vendor, and Locksmith Act of 2004. Such firearm
4    control card shall be carried by the person so trained at
5    all times when such person is in possession of a
6    concealable weapon. For purposes of this subsection,
7    "financial institution" means a bank, savings and loan
8    association, credit union or company providing armored car
9    services.
10        (9) Any person employed by an armored car company to
11    drive an armored car, while actually engaged in the
12    performance of his duties.
13        (10) Persons who have been classified as peace officers
14    pursuant to the Peace Officer Fire Investigation Act.
15        (11) Investigators of the Office of the State's
16    Attorneys Appellate Prosecutor authorized by the board of
17    governors of the Office of the State's Attorneys Appellate
18    Prosecutor to carry weapons pursuant to Section 7.06 of the
19    State's Attorneys Appellate Prosecutor's Act.
20        (12) Special investigators appointed by a State's
21    Attorney under Section 3-9005 of the Counties Code.
22        (12.5) Probation officers while in the performance of
23    their duties, or while commuting between their homes,
24    places of employment or specific locations that are part of
25    their assigned duties, with the consent of the chief judge
26    of the circuit for which they are employed.

 

 

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1        (13) Court Security Officers while in the performance
2    of their official duties, or while commuting between their
3    homes and places of employment, with the consent of the
4    Sheriff.
5        (13.5) A person employed as an armed security guard at
6    a nuclear energy, storage, weapons or development site or
7    facility regulated by the Nuclear Regulatory Commission
8    who has completed the background screening and training
9    mandated by the rules and regulations of the Nuclear
10    Regulatory Commission.
11        (14) Manufacture, transportation, or sale of weapons
12    to persons authorized under subdivisions (1) through
13    (13.5) of this subsection to possess those weapons.
14    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1524-1.6 do not apply to or affect any of the following:
16        (1) Members of any club or organization organized for
17    the purpose of practicing shooting at targets upon
18    established target ranges, whether public or private, and
19    patrons of such ranges, while such members or patrons are
20    using their firearms on those target ranges.
21        (2) Duly authorized military or civil organizations
22    while parading, with the special permission of the
23    Governor.
24        (3) Hunters, trappers or fishermen with a license or
25    permit while engaged in hunting, trapping or fishing.
26        (4) Transportation of weapons that are broken down in a

 

 

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1    non-functioning state or are not immediately accessible.
2        (5) Carrying or possessing any pistol, revolver, stun
3    gun or taser or other firearm on the land or in the legal
4    dwelling of another person as an invitee with that person's
5    permission.
6    (c) Subsection 24-1(a)(7) does not apply to or affect any
7of the following:
8        (1) Peace officers while in performance of their
9    official duties.
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 duty.
16        (4) Manufacture, transportation, or sale of machine
17    guns to persons authorized under subdivisions (1) through
18    (3) of this subsection to possess machine guns, if the
19    machine guns are broken down in a non-functioning state or
20    are not immediately accessible.
21        (5) Persons licensed under federal law to manufacture
22    any weapon from which 8 or more shots or bullets can be
23    discharged by a single function of the firing device, or
24    ammunition for such weapons, and actually engaged in the
25    business of manufacturing such weapons or ammunition, but
26    only with respect to activities which are within the lawful

 

 

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

 

 

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1    such weapon, weapons or ammunition are necessary and
2    incident to fulfilling the terms of such contract.
3        During transportation, any such weapon shall be broken
4    down in a non-functioning state, or not immediately
5    accessible.
6    (d) Subsection 24-1(a)(1) does not apply to the purchase,
7possession or carrying of a black-jack or slung-shot by a peace
8officer.
9    (e) Subsection 24-1(a)(8) does not apply to any owner,
10manager or authorized employee of any place specified in that
11subsection nor to any law enforcement officer.
12    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
13Section 24-1.6 do not apply to members of any club or
14organization organized for the purpose of practicing shooting
15at targets upon established target ranges, whether public or
16private, while using their firearms on those target ranges.
17    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
18to:
19        (1) Members of the Armed Services or Reserve Forces of
20    the United States or the Illinois National Guard, while in
21    the performance of their official duty.
22        (2) Bonafide collectors of antique or surplus military
23    ordinance.
24        (3) Laboratories having a department of forensic
25    ballistics, or specializing in the development of
26    ammunition or explosive ordinance.

 

 

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

 

 

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1    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
224-1.6 do not apply to or affect any parole agent or parole
3supervisor who meets the qualifications and conditions
4prescribed in Section 3-14-1.5 of the Unified Code of
5Corrections.
6    (g-7) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
724-1.6 do not apply to or affect any currently employed or
8retired State correctional officer who meets the
9qualifications and conditions prescribed in Section 3-2-12 of
10the Unified Code of Corrections.
11    (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1224-1.6 do not apply to or affect any currently employed or
13retired county correctional officer who meets the
14qualifications and conditions prescribed in Section 27 of the
15County Jail Act.
16    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
1724-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
18athlete's possession, transport on official Olympic and
19Paralympic transit systems established for athletes, or use of
20competition firearms sanctioned by the International Olympic
21Committee, the International Paralympic Committee, the
22International Shooting Sport Federation, or USA Shooting in
23connection with such athlete's training for and participation
24in shooting competitions at the 2016 Olympic and Paralympic
25Games and sanctioned test events leading up to the 2016 Olympic
26and Paralympic Games.

 

 

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1    (h) An information or indictment based upon a violation of
2any subsection of this Article need not negative any exemptions
3contained in this Article. The defendant shall have the burden
4of proving such an exemption.
5    (i) Nothing in this Article shall prohibit, apply to, or
6affect the transportation, carrying, or possession, of any
7pistol or revolver, stun gun, taser, or other firearm consigned
8to a common carrier operating under license of the State of
9Illinois or the federal government, where such transportation,
10carrying, or possession is incident to the lawful
11transportation in which such common carrier is engaged; and
12nothing in this Article shall prohibit, apply to, or affect the
13transportation, carrying, or possession of any pistol,
14revolver, stun gun, taser, or other firearm, not the subject of
15and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
16this Article, which is unloaded and enclosed in a case, firearm
17carrying box, shipping box, or other container, by the
18possessor of a valid Firearm Owners Identification Card.
19(Source: P.A. 95-331, eff. 8-21-07; 95-613, eff. 9-11-07;
2095-885, eff. 1-1-09; 96-7, eff. 4-3-09; 96-230, eff. 1-1-10;
2196-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
 
22    Section 10. The Unified Code of Corrections is amended by
23adding Section 3-2-12 as follows:
 
24    (730 ILCS 5/3-2-12 new)

 

 

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1    Sec. 3-2-12. State correctional officers; off-duty
2firearms.
3    (a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
424-1.6 of the Criminal Code of 1961 do not apply to currently
5employed or retired State correctional officers who meet the
6following conditions:
7        (1) The currently employed or retired State
8    correctional officer must be at least 21 years of age and
9    possess a valid Firearm Owner's Identification Card as
10    prescribed in the Firearm Owners Identification Card Act,
11    receive training in the use of firearms while off duty
12    conducted by the Illinois Law Enforcement Training
13    Standards Board, and be certified as having successfully
14    completing such training by the Board. The Board shall
15    determine the amount of such training and the course
16    content for such training. The currently employed or
17    retired State correctional officer shall requalify for the
18    firearms training annually at a State range certified by
19    the Illinois Law Enforcement Training Standards Board. The
20    expenses of such retraining shall be paid by the currently
21    employed or retired State correctional officer and moneys
22    for the costs of such requalification shall be expended at
23    the request of the Illinois Law Enforcement Training
24    Standards Board.
25        (2) The currently employed or retired State
26    correctional officer shall purchase such firearm at his or

 

 

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1    her own expense and shall register the firearm with the
2    Illinois Department of State Police and with any other
3    local law enforcement agencies that require such
4    registration.
5        (3) The currently employed or retired State
6    correctional officer may not carry any Illinois Department
7    of Corrections or Department of Juvenile Justice
8    State-issued firearm while off duty. A person who violates
9    this paragraph (3) is subject to disciplinary action by the
10    Illinois Department of Corrections or the Department of
11    Juvenile Justice.
12        (4) State correctional officers who are or were
13    discharged from employment by the Illinois Department of
14    Corrections or the Department of Juvenile Justice shall no
15    longer be considered law enforcement officials and all
16    their rights as law enforcement officials shall be revoked
17    permanently.
18    (b) For the purposes of this Section, "State correctional
19officer" means an employee of the Department of Corrections or
20the Department of Juvenile Justice who has custody and control
21over inmates in an adult or juvenile correctional facility.
 
22    Section 15. The County Jail Act is amended by adding
23Section 27 as follows:
 
24    (730 ILCS 125/27 new)

 

 

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1    Sec. 27. County correctional officers; off-duty firearms.
2    (a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
324-1.6 of the Criminal Code of 1961 do not apply to currently
4employed or retired county correctional officers who meet the
5following conditions:
6        (1) The currently employed or retired county
7    correctional officer must be at least 21 years of age and
8    possess a valid Firearm Owner's Identification Card as
9    prescribed in the Firearm Owners Identification Card Act,
10    receive training in the use of firearms while off duty
11    conducted by the Illinois Law Enforcement Training
12    Standards Board, and be certified as having successfully
13    completing such training by the Board. The Board shall
14    determine the amount of such training and the course
15    content for such training. The currently employed or
16    retired county correctional officer shall requalify for
17    the firearms training annually at a State range certified
18    by the Illinois Law Enforcement Training Standards Board.
19    The expenses of such retraining shall be paid by the
20    currently employed or retired county correctional officer
21    and moneys for the costs of such requalification shall be
22    expended at the request of the Illinois Law Enforcement
23    Training Standards Board.
24        (2) The currently employed or retired county
25    correctional officer shall purchase such firearm at his or
26    her own expense and shall register the firearm with the

 

 

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1    Illinois Department of State Police and with any other
2    local law enforcement agencies that require such
3    registration.
4        (3) The currently employed or retired county
5    correctional officer may not carry any county
6    sheriff-issued firearm while off duty. A person who
7    violates this paragraph (3) is subject to disciplinary
8    action by the county sheriff.
9        (4) County correctional officers who are or were
10    discharged from employment by the county sheriff shall no
11    longer be considered law enforcement officials and all
12    their rights as law enforcement officials shall be revoked
13    permanently.
14    (b) For the purposes of this Section, "county correctional
15officer" means an employee of the county who has custody and
16control over inmates in a county jail or juvenile detention
17center.