Full Text of SB0234 100th General Assembly
SB0234sam002 100TH GENERAL ASSEMBLY | Sen. Ira I. Silverstein Filed: 4/26/2017
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| 1 | | AMENDMENT TO SENATE BILL 234
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 234, AS AMENDED, by | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Firearm Concealed Carry Act is amended by | 6 | | changing Section 65 as follows: | 7 | | (430 ILCS 66/65)
| 8 | | Sec. 65. Prohibited areas. | 9 | | (a) A licensee under this Act shall not knowingly carry a | 10 | | firearm on or into: | 11 | | (1) Any building, real property, and parking area under | 12 | | the control of a public or private elementary or secondary | 13 | | school. | 14 | | (2) Any building, real property, and parking area under | 15 | | the control of a pre-school or child care facility, | 16 | | including any room or portion of a building under the |
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| 1 | | control of a pre-school or child care facility. Nothing in | 2 | | this paragraph shall prevent the operator of a child care | 3 | | facility in a family home from owning or possessing a | 4 | | firearm in the home or license under this Act, if no child | 5 | | under child care at the home is present in the home or the | 6 | | firearm in the home is stored in a locked container when a | 7 | | child under child care at the home is present in the home. | 8 | | (3) Any building, parking area, or portion of a | 9 | | building under the control of an officer of the executive | 10 | | or legislative branch of government, provided that nothing | 11 | | in this paragraph shall prohibit a licensee from carrying a | 12 | | concealed firearm onto the real property, bikeway, or trail | 13 | | in a park regulated by the Department of Natural Resources | 14 | | or any other designated public hunting area or building | 15 | | where firearm possession is permitted as established by the | 16 | | Department of Natural Resources under Section 1.8 of the | 17 | | Wildlife Code. | 18 | | (4) Any building designated for matters before a | 19 | | circuit court, appellate court, or the Supreme Court, or | 20 | | any building or portion of a building under the control of | 21 | | the Supreme Court. | 22 | | (5) Any building or portion of a building under the | 23 | | control of a unit of local government. | 24 | | (6) Any building, real property, and parking area under | 25 | | the control of an adult or juvenile detention or | 26 | | correctional institution, prison, or jail. |
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| 1 | | (7) Any building, real property, and parking area under | 2 | | the control of a public or private hospital or hospital | 3 | | affiliate, mental health facility, or nursing home. | 4 | | (8) Any bus, train, or form of transportation paid for | 5 | | in whole or in part with public funds, and any building, | 6 | | real property, and parking area under the control of a | 7 | | public transportation facility paid for in whole or in part | 8 | | with public funds. | 9 | | (9) Any building, real property, and parking area under | 10 | | the control of an establishment that serves alcohol on its | 11 | | premises, if more than 50% of the establishment's gross | 12 | | receipts within the prior 3 months is from the sale of | 13 | | alcohol. The owner of an establishment who knowingly fails | 14 | | to prohibit concealed firearms on its premises as provided | 15 | | in this paragraph or who knowingly makes a false statement | 16 | | or record to avoid the prohibition on concealed firearms | 17 | | under this paragraph is subject to the penalty under | 18 | | subsection (c-5) of Section 10-1 of the Liquor Control Act | 19 | | of 1934. | 20 | | (10) Any public gathering or special event conducted on | 21 | | property open to the public that requires the issuance of a | 22 | | permit from the unit of local government, provided this | 23 | | prohibition shall not apply to a licensee who must walk | 24 | | through a public gathering in order to access his or her | 25 | | residence, place of business, or vehicle. | 26 | | (11) Any building or real property that has been issued |
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| 1 | | a Special Event Retailer's license as defined in Section | 2 | | 1-3.17.1 of the Liquor Control Act during the time | 3 | | designated for the sale of alcohol by the Special Event | 4 | | Retailer's license, or a Special use permit license as | 5 | | defined in subsection (q) of Section 5-1 of the Liquor | 6 | | Control Act during the time designated for the sale of | 7 | | alcohol by the Special use permit license. | 8 | | (12) Any public playground. | 9 | | (13) Any public park, athletic area, or athletic | 10 | | facility under the control of a municipality or park | 11 | | district, provided nothing in this Section shall prohibit a | 12 | | licensee from carrying a concealed firearm while on a trail | 13 | | or bikeway if only a portion of the trail or bikeway | 14 | | includes a public park. | 15 | | (14) Any real property under the control of the Cook | 16 | | County Forest Preserve District. | 17 | | (15) Any building, classroom, laboratory, medical | 18 | | clinic, hospital, artistic venue, athletic venue, | 19 | | entertainment venue, officially recognized | 20 | | university-related organization property, whether owned or | 21 | | leased, and any real property, including parking areas, | 22 | | sidewalks, and common areas under the control of a public | 23 | | or private community college, college, or university. | 24 | | (16) Any building, real property, or parking area under | 25 | | the control of a gaming facility licensed under the | 26 | | Riverboat Gambling Act or the Illinois Horse Racing Act of |
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| 1 | | 1975, including an inter-track wagering location licensee. | 2 | | (17) Any stadium, arena, or the real property or | 3 | | parking area under the control of a stadium, arena, or any | 4 | | collegiate or professional sporting event. | 5 | | (18) Any building, real property, or parking area under | 6 | | the control of a public library. | 7 | | (19) Any building, real property, or parking area under | 8 | | the control of an airport. | 9 | | (20) Any building, real property, or parking area under | 10 | | the control of an amusement park. | 11 | | (21) Any building, real property, or parking area under | 12 | | the control of a zoo or museum. | 13 | | (22) Any street, driveway, parking area, property, | 14 | | building, or facility, owned, leased, controlled, or used | 15 | | by a nuclear energy, storage, weapons, or development site | 16 | | or facility regulated by the federal Nuclear Regulatory | 17 | | Commission. The licensee shall not under any circumstance | 18 | | store a firearm or ammunition in his or her vehicle or in a | 19 | | compartment or container within a vehicle located anywhere | 20 | | in or on the street, driveway, parking area, property, | 21 | | building, or facility described in this paragraph. | 22 | | (23) Any area where firearms are prohibited under | 23 | | federal law. | 24 | | (24) Any charter vehicle or sightseeing vehicle as | 25 | | defined under Section 8-117 of the Illinois Vehicle Code. | 26 | | (a-5) Nothing in this Act shall prohibit a public or |
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| 1 | | private community college, college, or university from: | 2 | | (1) prohibiting persons from carrying a firearm within | 3 | | a vehicle owned, leased, or controlled by the college or | 4 | | university; | 5 | | (2) developing resolutions, regulations, or policies | 6 | | regarding student, employee, or visitor misconduct and | 7 | | discipline, including suspension and expulsion; | 8 | | (3) developing resolutions, regulations, or policies | 9 | | regarding the storage or maintenance of firearms, which | 10 | | must include designated areas where persons can park | 11 | | vehicles that carry firearms; and | 12 | | (4) permitting the carrying or use of firearms for the | 13 | | purpose of instruction and curriculum of officially | 14 | | recognized programs, including but not limited to military | 15 | | science and law enforcement training programs, or in any | 16 | | designated area used for hunting purposes or target | 17 | | shooting. | 18 | | (a-10) The owner of private real property of any type may | 19 | | prohibit the carrying of concealed firearms on the property | 20 | | under his or her control. The owner must post a sign in | 21 | | accordance with subsection (d) of this Section indicating that | 22 | | firearms are prohibited on the property, unless the property is | 23 | | a private residence. | 24 | | (b) Notwithstanding subsections (a), (a-5), and (a-10) of | 25 | | this Section except under paragraph (22) or (23) of subsection | 26 | | (a), any licensee prohibited from carrying a concealed firearm |
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| 1 | | into the parking area of a prohibited location specified in | 2 | | subsection (a), (a-5), or (a-10) of this Section shall be | 3 | | permitted to carry a concealed firearm on or about his or her | 4 | | person within a vehicle into the parking area and may store a | 5 | | firearm or ammunition concealed in a case within a locked | 6 | | vehicle or locked container out of plain view within the | 7 | | vehicle in the parking area. A licensee may carry a concealed | 8 | | firearm in the immediate area surrounding his or her vehicle | 9 | | within a prohibited parking lot area only for the limited | 10 | | purpose of storing or retrieving a firearm within the vehicle's | 11 | | trunk. For purposes of this subsection, "case" includes a glove | 12 | | compartment or console that completely encloses the concealed | 13 | | firearm or ammunition, the trunk of the vehicle, or a firearm | 14 | | carrying box, shipping box, or other container. | 15 | | (c) A licensee shall not be in violation of this Section | 16 | | while he or she is traveling along a public right of way that | 17 | | touches or crosses any of the premises under subsection (a), | 18 | | (a-5), or (a-10) of this Section if the concealed firearm is | 19 | | carried on his or her person in accordance with the provisions | 20 | | of this Act or is being transported in a vehicle by the | 21 | | licensee in accordance with all other applicable provisions of | 22 | | law. | 23 | | (d) Signs stating that the carrying of firearms is | 24 | | prohibited shall be clearly and conspicuously posted at the | 25 | | entrance of a building, premises, or real property specified in | 26 | | this Section as a prohibited area, unless the building or |
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| 1 | | premises is a private residence. Signs shall be of a uniform | 2 | | design as established by the Department and shall be 4 inches | 3 | | by 6 inches in size. The Department shall adopt rules for | 4 | | standardized signs to be used under this subsection.
| 5 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.) | 6 | | Section 10. The Illinois Vehicle Code is amended by | 7 | | changing Section 8-116 and by adding Section 8-117 as follows:
| 8 | | (625 ILCS 5/8-116) (from Ch. 95 1/2, par. 8-116)
| 9 | | Sec. 8-116.
| 10 | | Except as provided in Section 8-117, any Any person who | 11 | | fails to comply with the provisions of this Chapter, or
who | 12 | | fails to obey, observe or comply with any order of the | 13 | | Secretary of
State or any law enforcement agency issued in | 14 | | accordance with the
provisions of this Chapter is guilty of a | 15 | | Class A misdemeanor.
| 16 | | (Source: P.A. 77-2838.)
| 17 | | (625 ILCS 5/8-117 new) | 18 | | Sec. 8-117. Charter vehicle; sightseeing vehicle. | 19 | | (a) For purposes of this Section, "charter vehicle" or | 20 | | "sightseeing vehicle" means a vehicle for-hire with the | 21 | | capacity to transport 15 or more passengers for the purpose of | 22 | | a charter trip, sightseeing tour, or both. | 23 | | (b) A person, firm, or corporation that operates a charter |
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| 1 | | vehicle or sightseeing vehicle with 15 or more passengers that | 2 | | provides an opportunity for the passengers to consume alcohol | 3 | | while on the vehicle or during an interim stop shall: | 4 | | (1) employ a security guard licensed under the Private | 5 | | Detective, Private Alarm, Private Security, Fingerprint | 6 | | Vendor, and Locksmith Act of 2004 to accompany the driver | 7 | | for the duration of the trip; and | 8 | | (2) equip the vehicle with one or more fully | 9 | | operational security cameras. | 10 | | (c) Before and during any trip involving a charter vehicle | 11 | | or sightseeing vehicle, the driver or security guard of the | 12 | | vehicle shall take affirmative measures to ensure no passenger | 13 | | is in violation of paragraph (24) of subsection (a) of Section | 14 | | 65 of the Firearm Concealed Carry Act or paragraph (4) of | 15 | | subsection (a) of Section 24-1 of the Criminal Code of 2012. | 16 | | (d) A violation of this Section is a petty offense | 17 | | punishable by a fine of not less than $100 and no more than | 18 | | $10,000. ".
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