Full Text of SB1809 100th General Assembly
SB1809sam001 100TH GENERAL ASSEMBLY | Sen. Dan McConchie Filed: 3/10/2017
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| 1 | | AMENDMENT TO SENATE BILL 1809
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1809 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Section 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 | 9 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 10 | | the 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, |
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| 1 | | while in the performance of their
official duty, or while | 2 | | commuting between their homes and places of employment.
| 3 | | (3) Members of the Armed Services or Reserve Forces of | 4 | | the United States
or the Illinois National Guard or the | 5 | | Reserve Officers Training Corps,
while in the performance | 6 | | of their official duty.
| 7 | | (4) Special agents employed by a railroad or a public | 8 | | utility to
perform police functions, and guards of armored | 9 | | car companies, while
actually engaged in the performance of | 10 | | the duties of their employment or
commuting between their | 11 | | homes and places of employment; and watchmen
while actually | 12 | | engaged in the performance of the duties of their | 13 | | employment.
| 14 | | (5) Persons licensed as private security contractors, | 15 | | private
detectives, or private alarm contractors, or | 16 | | employed by a private security contractor, private | 17 | | detective, or private alarm contractor agency licensed
by | 18 | | the Department of Financial and Professional Regulation, | 19 | | if their duties
include the carrying of a weapon under the | 20 | | provisions of the Private
Detective, Private Alarm,
| 21 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 22 | | 2004,
while actually
engaged in the performance of the | 23 | | duties of their employment or commuting
between their homes | 24 | | and places of employment. A person shall be considered | 25 | | eligible for this
exemption if he or she has completed the | 26 | | required 20
hours of training for a private security |
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| 1 | | contractor, private
detective, or private alarm | 2 | | contractor, or employee of a licensed private security | 3 | | contractor, private detective, or private alarm contractor | 4 | | agency and 20 hours of required firearm
training, and has | 5 | | been issued a firearm control card by
the Department of | 6 | | Financial and Professional Regulation. Conditions for the | 7 | | renewal of
firearm control cards issued under the | 8 | | provisions of this Section
shall be the same as for those | 9 | | cards issued under the provisions of the
Private Detective, | 10 | | Private Alarm,
Private Security, Fingerprint Vendor, and | 11 | | Locksmith Act of 2004. The
firearm control card shall be | 12 | | carried by the private security contractor, private
| 13 | | detective, or private alarm contractor, or employee of the | 14 | | licensed private security contractor, private detective, | 15 | | or private alarm contractor agency at all
times when he or | 16 | | she is in possession of a concealable weapon permitted by | 17 | | his or her firearm control card.
| 18 | | (6) Any person regularly employed in a commercial or | 19 | | industrial
operation as a security guard for the protection | 20 | | of persons employed
and private property related to such | 21 | | commercial or industrial
operation, while actually engaged | 22 | | in the performance of his or her
duty or traveling between | 23 | | sites or properties belonging to the
employer, and who, as | 24 | | a security guard, is a member of a security force | 25 | | registered with the Department of Financial and | 26 | | Professional
Regulation; provided that such security guard |
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| 1 | | has successfully completed a
course of study, approved by | 2 | | and supervised by the Department of
Financial and | 3 | | Professional Regulation, consisting of not less than 40 | 4 | | hours of training
that includes the theory of law | 5 | | enforcement, liability for acts, and the
handling of | 6 | | weapons. A person shall be considered eligible for this
| 7 | | exemption if he or she has completed the required 20
hours | 8 | | of training for a security officer and 20 hours of required | 9 | | firearm
training, and has been issued a firearm control | 10 | | card by
the Department of Financial and Professional | 11 | | Regulation. Conditions for the renewal of
firearm control | 12 | | cards issued under the provisions of this Section
shall be | 13 | | the same as for those cards issued under the provisions of | 14 | | the
Private Detective, Private Alarm,
Private Security, | 15 | | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | 16 | | control card shall be carried by the security guard at all
| 17 | | times when he or she is in possession of a concealable | 18 | | weapon permitted by his or her firearm control card.
| 19 | | (7) Agents and investigators of the Illinois | 20 | | Legislative Investigating
Commission authorized by the | 21 | | Commission to carry the weapons specified in
subsections | 22 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 23 | | any investigation for the Commission.
| 24 | | (8) Persons employed by a financial institution as a | 25 | | security guard for the protection of
other employees and | 26 | | property related to such financial institution, while
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| 1 | | actually engaged in the performance of their duties, | 2 | | commuting between
their homes and places of employment, or | 3 | | traveling between sites or
properties owned or operated by | 4 | | such financial institution, and who, as a security guard, | 5 | | is a member of a security force registered with the | 6 | | Department; provided that
any person so employed has | 7 | | successfully completed a course of study,
approved by and | 8 | | supervised by the Department of Financial and Professional | 9 | | Regulation,
consisting of not less than 40 hours of | 10 | | training which includes theory of
law enforcement, | 11 | | liability for acts, and the handling of weapons.
A person | 12 | | shall be considered to be eligible for this exemption if he | 13 | | or
she has completed the required 20 hours of training for | 14 | | a security officer
and 20 hours of required firearm | 15 | | training, and has been issued a
firearm control card by the | 16 | | Department of Financial and Professional Regulation.
| 17 | | Conditions for renewal of firearm control cards issued | 18 | | under the
provisions of this Section shall be the same as | 19 | | for those issued under the
provisions of the Private | 20 | | Detective, Private Alarm,
Private Security, Fingerprint | 21 | | Vendor, and Locksmith Act of 2004. The
firearm control card | 22 | | shall be carried by the security guard at all times when he | 23 | | or she is in possession of a concealable
weapon permitted | 24 | | by his or her firearm control card. For purposes of this | 25 | | subsection, "financial institution" means a
bank, savings | 26 | | and loan association, credit union or company providing
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| 1 | | armored car services.
| 2 | | (9) Any person employed by an armored car company to | 3 | | drive an armored
car, while actually engaged in the | 4 | | performance of his duties.
| 5 | | (10) Persons who have been classified as peace officers | 6 | | pursuant
to the Peace Officer Fire Investigation Act.
| 7 | | (11) Investigators of the Office of the State's | 8 | | Attorneys Appellate
Prosecutor authorized by the board of | 9 | | governors of the Office of the
State's Attorneys Appellate | 10 | | Prosecutor to carry weapons pursuant to
Section 7.06 of the | 11 | | State's Attorneys Appellate Prosecutor's Act.
| 12 | | (12) Special investigators appointed by a State's | 13 | | Attorney under
Section 3-9005 of the Counties Code.
| 14 | | (12.5) Probation officers while in the performance of | 15 | | their duties, or
while commuting between their homes, | 16 | | places of employment or specific locations
that are part of | 17 | | their assigned duties, with the consent of the chief judge | 18 | | of
the circuit for which they are employed, if they have | 19 | | received weapons training according
to requirements of the | 20 | | Peace Officer and Probation Officer Firearm Training Act.
| 21 | | (13) Court Security Officers while in the performance | 22 | | of their official
duties, or while commuting between their | 23 | | homes and places of employment, with
the
consent of the | 24 | | Sheriff.
| 25 | | (13.5) A person employed as an armed security guard at | 26 | | a nuclear energy,
storage, weapons or development site or |
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| 1 | | facility regulated by the Nuclear
Regulatory Commission | 2 | | who has completed the background screening and training
| 3 | | mandated by the rules and regulations of the Nuclear | 4 | | Regulatory Commission.
| 5 | | (14) Manufacture, transportation, or sale of weapons | 6 | | to
persons
authorized under subdivisions (1) through | 7 | | (13.5) of this
subsection
to
possess those weapons.
| 8 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 9 | | to
or affect any person carrying a concealed pistol, revolver, | 10 | | or handgun and the person has been issued a currently valid | 11 | | license under the Firearm Concealed Carry Act at the time of | 12 | | the commission of the offense. | 13 | | (a-10) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 14 | | to fire fighters who are (1) full-time, sworn, and compensated; | 15 | | (2) have a valid concealed carry license; (3) carry on duty; | 16 | | and (4) are approved to carry on duty by the mayor, city | 17 | | council, village president, or village board of trustees. | 18 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 19 | | 24-1.6 do not
apply to or affect
any of the following:
| 20 | | (1) Members of any club or organization organized for | 21 | | the purpose of
practicing shooting at targets upon | 22 | | established target ranges, whether
public or private, and | 23 | | patrons of such ranges, while such members
or patrons are | 24 | | using their firearms on those target ranges.
| 25 | | (2) Duly authorized military or civil organizations | 26 | | while parading,
with the special permission of the |
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| 1 | | Governor.
| 2 | | (3) Hunters, trappers or fishermen with a license or
| 3 | | permit while engaged in hunting,
trapping or fishing.
| 4 | | (4) Transportation of weapons that are broken down in a
| 5 | | non-functioning state or are not immediately accessible.
| 6 | | (5) Carrying or possessing any pistol, revolver, stun | 7 | | gun or taser or other firearm on the land or in the legal | 8 | | dwelling of another person as an invitee with that person's | 9 | | permission. | 10 | | (c) Subsection 24-1(a)(7) does not apply to or affect any | 11 | | of the
following:
| 12 | | (1) Peace officers while in performance of their | 13 | | official duties.
| 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 | | (3) Members of the Armed Services or Reserve Forces of | 18 | | the United States
or the Illinois National Guard, while in | 19 | | the performance of their official
duty.
| 20 | | (4) Manufacture, transportation, or sale of machine | 21 | | guns to persons
authorized under subdivisions (1) through | 22 | | (3) of this subsection to
possess machine guns, if the | 23 | | machine guns are broken down in a
non-functioning state or | 24 | | are not immediately accessible.
| 25 | | (5) Persons licensed under federal law to manufacture | 26 | | any weapon from
which 8 or more shots or bullets can be |
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| 1 | | discharged by a
single function of the firing device, or | 2 | | ammunition for such weapons, and
actually engaged in the | 3 | | business of manufacturing such weapons or
ammunition, but | 4 | | only with respect to activities which are within the lawful
| 5 | | scope of such business, such as the manufacture, | 6 | | transportation, or testing
of such weapons or ammunition. | 7 | | This exemption does not authorize the
general private | 8 | | possession of any weapon from which 8 or more
shots or | 9 | | bullets can be discharged by a single function of the | 10 | | firing
device, but only such possession and activities as | 11 | | are within the lawful
scope of a licensed manufacturing | 12 | | business described in this paragraph.
| 13 | | During transportation, such weapons shall be broken | 14 | | down in a
non-functioning state or not immediately | 15 | | accessible.
| 16 | | (6) The manufacture, transport, testing, delivery, | 17 | | transfer or sale,
and all lawful commercial or experimental | 18 | | activities necessary thereto, of
rifles, shotguns, and | 19 | | weapons made from rifles or shotguns,
or ammunition for | 20 | | such rifles, shotguns or weapons, where engaged in
by a | 21 | | person operating as a contractor or subcontractor pursuant | 22 | | to a
contract or subcontract for the development and supply | 23 | | of such rifles,
shotguns, weapons or ammunition to the | 24 | | United States government or any
branch of the Armed Forces | 25 | | of the United States, when such activities are
necessary | 26 | | and incident to fulfilling the terms of such contract.
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| 1 | | The exemption granted under this subdivision (c)(6)
| 2 | | shall also apply to any authorized agent of any such | 3 | | contractor or
subcontractor who is operating within the | 4 | | scope of his employment, where
such activities involving | 5 | | such weapon, weapons or ammunition are necessary
and | 6 | | incident to fulfilling the terms of such contract.
| 7 | | (7) A person possessing a rifle with a barrel or | 8 | | barrels less than 16 inches in length if: (A) the person | 9 | | has been issued a Curios and Relics license from the U.S. | 10 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | 11 | | the person is an active member of a bona fide, nationally | 12 | | recognized military re-enacting group and the modification | 13 | | is required and necessary to accurately portray the weapon | 14 | | for historical re-enactment purposes; the re-enactor is in | 15 | | possession of a valid and current re-enacting group | 16 | | membership credential; and the overall length of the weapon | 17 | | as modified is not less than 26 inches. | 18 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, | 19 | | possession
or carrying of a black-jack or slung-shot by a peace | 20 | | officer.
| 21 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 22 | | manager or
authorized employee of any place specified in that | 23 | | subsection nor to any
law enforcement officer.
| 24 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 25 | | Section 24-1.6
do not apply
to members of any club or | 26 | | organization organized for the purpose of practicing
shooting |
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| 1 | | at targets upon established target ranges, whether public or | 2 | | private,
while using their firearms on those target ranges.
| 3 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 4 | | to:
| 5 | | (1) Members of the Armed Services or Reserve Forces of | 6 | | the United
States or the Illinois National Guard, while in | 7 | | the performance of their
official duty.
| 8 | | (2) Bonafide collectors of antique or surplus military | 9 | | ordnance ordinance .
| 10 | | (3) Laboratories having a department of forensic | 11 | | ballistics, or
specializing in the development of | 12 | | ammunition or explosive ordnance ordinance .
| 13 | | (4) Commerce, preparation, assembly or possession of | 14 | | explosive
bullets by manufacturers of ammunition licensed | 15 | | by the federal government,
in connection with the supply of | 16 | | those organizations and persons exempted
by subdivision | 17 | | (g)(1) of this Section, or like organizations and persons
| 18 | | outside this State, or the transportation of explosive | 19 | | bullets to any
organization or person exempted in this | 20 | | Section by a common carrier or by a
vehicle owned or leased | 21 | | by an exempted manufacturer.
| 22 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect | 23 | | persons licensed
under federal law to manufacture any device or | 24 | | attachment of any kind designed,
used, or intended for use in | 25 | | silencing the report of any firearm, firearms, or
ammunition
| 26 | | for those firearms equipped with those devices, and actually |
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| 1 | | engaged in the
business of manufacturing those devices, | 2 | | firearms, or ammunition, but only with
respect to
activities | 3 | | that are within the lawful scope of that business, such as the
| 4 | | manufacture, transportation, or testing of those devices, | 5 | | firearms, or
ammunition. This
exemption does not authorize the | 6 | | general private possession of any device or
attachment of any | 7 | | kind designed, used, or intended for use in silencing the
| 8 | | report of any firearm, but only such possession and activities | 9 | | as are within
the
lawful scope of a licensed manufacturing | 10 | | business described in this subsection
(g-5). During | 11 | | transportation, these devices shall be detached from any weapon
| 12 | | or
not immediately accessible.
| 13 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| 14 | | 24-1.6 do not apply to
or affect any parole agent or parole | 15 | | supervisor who meets the qualifications and conditions | 16 | | prescribed in Section 3-14-1.5 of the Unified Code of | 17 | | Corrections. | 18 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace | 19 | | officer while serving as a member of a tactical response team | 20 | | or special operations team. A peace officer may not personally | 21 | | own or apply for ownership of a device or attachment of any | 22 | | kind designed, used, or intended for use in silencing the | 23 | | report of any firearm. These devices shall be owned and | 24 | | maintained by lawfully recognized units of government whose | 25 | | duties include the investigation of criminal acts. | 26 | | (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
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| 1 | | 24-1.6 do not apply to
or affect any currently employed or | 2 | | retired: | 3 | | (1) State correctional officer who meets the | 4 | | qualifications and conditions prescribed in Section 3-2-12 | 5 | | of the Unified Code of Corrections; or | 6 | | (2) county correctional officer who meets the | 7 | | qualifications and conditions prescribed in Section 26.1 | 8 | | of the County Jail Act. | 9 | | (g-10) (Blank). Subsections 24-1(a)(4), 24-1(a)(8), and | 10 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | 11 | | athlete's possession, transport on official Olympic and | 12 | | Paralympic transit systems established for athletes, or use of | 13 | | competition firearms sanctioned by the International Olympic | 14 | | Committee, the International Paralympic Committee, the | 15 | | International Shooting Sport Federation, or USA Shooting in | 16 | | connection with such athlete's training for and participation | 17 | | in shooting competitions at the 2016 Olympic and Paralympic | 18 | | Games and sanctioned test events leading up to the 2016 Olympic | 19 | | and Paralympic Games. | 20 | | (h) An information or indictment based upon a violation of | 21 | | any
subsection of this Article need not negative any exemptions | 22 | | contained in
this Article. The defendant shall have the burden | 23 | | of proving such an
exemption.
| 24 | | (i) Nothing in this Article shall prohibit, apply to, or | 25 | | affect
the transportation, carrying, or possession, of any | 26 | | pistol or revolver,
stun gun, taser, or other firearm consigned |
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| 1 | | to a common carrier operating
under license of the State of | 2 | | Illinois or the federal government, where
such transportation, | 3 | | carrying, or possession is incident to the lawful
| 4 | | transportation in which such common carrier is engaged; and | 5 | | nothing in this
Article shall prohibit, apply to, or affect the | 6 | | transportation, carrying,
or possession of any pistol, | 7 | | revolver, stun gun, taser, or other firearm,
not the subject of | 8 | | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | 9 | | this Article, which is unloaded and enclosed in a case, firearm
| 10 | | carrying box, shipping box, or other container, by the | 11 | | possessor of a valid
Firearm Owners Identification Card.
| 12 | | (Source: P.A. 98-63, eff. 7-9-13; 98-463, eff. 8-16-13; 98-725, | 13 | | eff. 1-1-15; 99-174, eff. 7-29-15; revised 10-6-16.) | 14 | | Section 10. The Unified Code of Corrections is amended by | 15 | | adding Section 3-2-12 as follows: | 16 | | (730 ILCS 5/3-2-12 new) | 17 | | Sec. 3-2-12. State correctional officers; off-duty | 18 | | firearms. | 19 | | (a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 20 | | 24-1.6 of the Criminal Code of 2012 do not apply to currently | 21 | | employed or retired State correctional officers who meet the | 22 | | following conditions: | 23 | | (1) The currently employed or retired State | 24 | | correctional officer must be at least 21 years of age and |
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| 1 | | possess a valid Firearm Owner's Identification Card as | 2 | | prescribed in the Firearm Owners Identification Card Act, | 3 | | receive
training in the use of firearms while off duty | 4 | | conducted by the Illinois Law Enforcement Training | 5 | | Standards Board, and be certified as successfully | 6 | | completing the training by the Board. The Board shall | 7 | | determine the amount of the training and the course content | 8 | | for the training. The currently employed or retired State | 9 | | correctional officer shall requalify for the firearms | 10 | | training annually at a State range certified by the | 11 | | Illinois Law Enforcement Training Standards Board. The | 12 | | expenses of the retraining shall be paid by the currently | 13 | | employed or retired State correctional officer and moneys | 14 | | for the costs of the requalification shall be expended at | 15 | | the request of the Illinois Law Enforcement Training | 16 | | Standards Board. | 17 | | (2) The currently employed or retired State | 18 | | correctional officer shall purchase
the firearm at his or | 19 | | her own expense and shall register the firearm with the | 20 | | Illinois Department of State Police and with any other | 21 | | local law enforcement agencies that require the | 22 | | registration. | 23 | | (3) The currently employed or retired State | 24 | | correctional officer may not carry
any Illinois Department | 25 | | of Corrections or Department of Juvenile Justice | 26 | | State-issued firearm while off duty. A person who violates |
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| 1 | | this paragraph (3) is subject to disciplinary action by the | 2 | | Illinois Department of Corrections or the Department of | 3 | | Juvenile Justice. | 4 | | (4) State correctional officers who are or were | 5 | | discharged from
employment by the Illinois Department of | 6 | | Corrections or the Department of Juvenile Justice for cause | 7 | | shall no longer be considered law enforcement officials and | 8 | | all their rights as law enforcement officials shall be | 9 | | revoked permanently, unless employed thereafter by the | 10 | | Department of Corrections or the Department of Juvenile | 11 | | Justice. | 12 | | (b) For the purposes of this Section, "State correctional | 13 | | officer" means an employee of the Department of Corrections or | 14 | | the Department of Juvenile Justice who has custody and control | 15 | | over inmates in an adult or juvenile correctional facility. | 16 | | Section 15. The County Jail Act is amended by adding | 17 | | Section 26.1 as follows: | 18 | | (730 ILCS 125/26.1 new) | 19 | | Sec. 26.1. County correctional officers; off-duty | 20 | | firearms. | 21 | | (a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 22 | | 24-1.6 of the Criminal Code of 2012 do not apply to currently | 23 | | employed or retired county correctional officers who meet the | 24 | | following conditions: |
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| 1 | | (1) The currently employed or retired county | 2 | | correctional officer must be at least 21 years of age and | 3 | | possess a valid Firearm Owner's Identification Card as | 4 | | prescribed in the Firearm Owners Identification Card Act, | 5 | | receive
training in the use of firearms while off duty | 6 | | conducted by the Illinois Law Enforcement Training | 7 | | Standards Board, and be certified as successfully | 8 | | completing the training by the Board. The Board shall | 9 | | determine the amount of the training and the course content | 10 | | for the training. The currently employed or retired county | 11 | | correctional officer shall requalify for the firearms | 12 | | training annually at a State range certified by the | 13 | | Illinois Law Enforcement Training Standards Board. The | 14 | | expenses of the retraining shall be paid by the currently | 15 | | employed or retired county correctional officer and moneys | 16 | | for the costs of the requalification shall be expended at | 17 | | the request of the Illinois Law Enforcement Training | 18 | | Standards Board. | 19 | | (2) The currently employed or retired county | 20 | | correctional officer shall purchase
the firearm at his or | 21 | | her own expense and shall register the firearm with the | 22 | | Illinois Department of State Police and with any other | 23 | | local law enforcement agencies that require the | 24 | | registration. | 25 | | (3) The currently employed or retired county | 26 | | correctional officer may not carry
any county |
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| 1 | | sheriff-issued firearm while off duty. A person who | 2 | | violates this paragraph (3) is subject to disciplinary | 3 | | action by the county sheriff. | 4 | | (4) County correctional officers who are or were | 5 | | discharged from
employment by a county sheriff for cause | 6 | | shall no longer be considered law enforcement officials and | 7 | | all their rights as law enforcement officials shall be | 8 | | revoked permanently, unless employed thereafter by a | 9 | | county sheriff. | 10 | | (b) For the purposes of this Section, "county correctional | 11 | | officer" means an employee of the county who has custody and | 12 | | control over inmates in a county jail or juvenile detention | 13 | | center. ".
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