HB4602 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4602

 

Introduced 2/5/2020, by Rep. Norine K. Hammond

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 705/2  from Ch. 85, par. 502
720 ILCS 5/24-2

    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 firearm. Amends the Criminal Code of 2012. Permits 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 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. Provides that the exemption only applies to correctional officers who have custody and control over inmates in an adult correctional facility. Effective immediately.


LRB101 15228 RLC 64393 b

 

 

A BILL FOR

 

HB4602LRB101 15228 RLC 64393 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 which
19offers a course in police or county corrections training and
20has 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 school

 

 

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1to be eligible for permanent full-time employment as a local
2law 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 policeman
19by a participating State-controlled university, college, or
20public community college.
21    "Law enforcement officer" means an employee of a
22governmental agency who:
23        (1) is authorized by law to engage in or supervise the
24    prevention, detection, investigation, or prosecution of,
25    or the incarceration of any person for any violation of law
26    and has statutory powers of arrest or apprehension granted

 

 

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1    by statute;
2        (2) is authorized by the agency to carry a firearm;
3        (3) is not the subject of any disciplinary action by
4    the agency which could result in suspension or loss of
5    police powers;
6        (4) meets standards, if any, established by the agency
7    which require the employee to regularly qualify in the use
8    of a firearm;
9        (5) is not under the influence of alcohol or another
10    intoxicating or hallucinatory drug or substance; and
11        (6) is not prohibited by federal law from carrying a
12    firearm. (i) any police officer of a local governmental
13    agency who is primarily responsible for prevention or
14    detection of crime and the enforcement of the criminal
15    code, traffic, or highway laws of this State or any
16    political subdivision of this State or (ii) any member of a
17    police force appointed and maintained as provided in
18    Section 2 of the Railroad Police Act.
19    "Recruit" means any full-time or part-time law enforcement
20officer or full-time county corrections officer who is enrolled
21in an approved training course.
22    "Retired law enforcement officer qualified under federal
23law" means an individual who:
24        (1) separated in good standing from service with a
25    public agency as a law enforcement officer, other than for
26    reasons of mental disability;

 

 

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1        (2) before such separation, was authorized by law to
2    engage in or supervise the prevention, detection,
3    investigation, or prosecution of, or the incarceration of
4    any person for, any violation of law, and had statutory
5    powers of arrest or apprehension granted by statute;
6        (3) served as a law enforcement officer for an
7    aggregate of 10 years or more before his or her separation
8    in good standing from service with his or her agency, or
9    separated from service in good standing, after completing
10    any applicable probationary period of service, due to a
11    service-connected disability as determined by the agency;
12        (4) has met State firearms training and qualifications
13    that are the same as the training and qualifications for
14    active duty officers;
15        (5) is not under the influence of alcohol or another
16    intoxicating or hallucinatory drug or substance; and
17        (6) is not prohibited by federal law from carrying a
18    firearm.
19    "Probationary county corrections officer" means a recruit
20county corrections officer required to successfully complete
21initial minimum basic training requirements at a police
22training school to be eligible for permanent employment on a
23full-time basis as a county corrections officer.
24    "Permanent county corrections officer" means a county
25corrections officer who has completed his probationary period
26and is permanently employed on a full-time basis as a county

 

 

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1corrections officer by a participating local governmental
2unit.
3    "County corrections officer" means any sworn officer of the
4sheriff who is primarily responsible for the control and
5custody of offenders, detainees or inmates.
6    "Probationary court security officer" means a recruit
7court security officer required to successfully complete
8initial minimum basic training requirements at a designated
9training school to be eligible for employment as a court
10security officer.
11    "Permanent court security officer" means a court security
12officer who has completed his or her probationary period and is
13employed as a court security officer by a participating local
14governmental unit.
15    "Court security officer" has the meaning ascribed to it in
16Section 3-6012.1 of the Counties Code.
17(Source: P.A. 94-846, eff. 1-1-07.)
 
18    Section 10. The Criminal Code of 2012 is amended by
19changing Section 24-2 as follows:
 
20    (720 ILCS 5/24-2)
21    Sec. 24-2. Exemptions.
22    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
2324-1(a)(13) and Section 24-1.6 do not apply to or affect any of
24the following:

 

 

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1        (1) Peace officers, and any person summoned by a peace
2    officer to assist in making arrests or preserving the
3    peace, while actually engaged in assisting such officer.
4        (2) Wardens, superintendents and keepers of prisons,
5    penitentiaries, jails and other institutions for the
6    detention of persons accused or convicted of an offense,
7    while in the performance of their official duty, or while
8    commuting between their homes and places of employment.
9        (3) Members of the Armed Services or Reserve Forces of
10    the United States or the Illinois National Guard or the
11    Reserve Officers Training Corps, while in the performance
12    of their official duty.
13        (4) Special agents employed by a railroad or a public
14    utility to perform police functions, and guards of armored
15    car companies, while actually engaged in the performance of
16    the duties of their employment or commuting between their
17    homes and places of employment; and watchmen while actually
18    engaged in the performance of the duties of their
19    employment.
20        (5) Persons licensed as private security contractors,
21    private detectives, or private alarm contractors, or
22    employed by a private security contractor, private
23    detective, or private alarm contractor agency licensed by
24    the Department of Financial and Professional Regulation,
25    if their duties include the carrying of a weapon under the
26    provisions of the Private Detective, Private Alarm,

 

 

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1    Private Security, Fingerprint Vendor, and Locksmith Act of
2    2004, while actually engaged in the performance of the
3    duties of their employment or commuting between their homes
4    and places of employment. A person shall be considered
5    eligible for this exemption if he or she has completed the
6    required 20 hours of training for a private security
7    contractor, private detective, or private alarm
8    contractor, or employee of a licensed private security
9    contractor, private detective, or private alarm contractor
10    agency and 20 hours of required firearm training, and has
11    been issued a firearm control card by the Department of
12    Financial and Professional Regulation. Conditions for the
13    renewal of firearm control cards issued under the
14    provisions of this Section shall be the same as for those
15    cards issued under the provisions of the Private Detective,
16    Private Alarm, Private Security, Fingerprint Vendor, and
17    Locksmith Act of 2004. The firearm control card shall be
18    carried by the private security contractor, private
19    detective, or private alarm contractor, or employee of the
20    licensed private security contractor, private detective,
21    or private alarm contractor agency at all times when he or
22    she is in possession of a concealable weapon permitted by
23    his or her firearm control card.
24        (6) Any person regularly employed in a commercial or
25    industrial operation as a security guard for the protection
26    of persons employed and private property related to such

 

 

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1    commercial or industrial operation, while actually engaged
2    in the performance of his or her duty or traveling between
3    sites or properties belonging to the employer, and who, as
4    a security guard, is a member of a security force
5    registered with the Department of Financial and
6    Professional Regulation; provided that such security guard
7    has successfully completed a course of study, approved by
8    and supervised by the Department of Financial and
9    Professional Regulation, consisting of not less than 40
10    hours of training that includes the theory of law
11    enforcement, liability for acts, and the handling of
12    weapons. A person shall be considered eligible for this
13    exemption if he or she has completed the required 20 hours
14    of training for a security officer and 20 hours of required
15    firearm training, and has been issued a firearm control
16    card by the Department of Financial and Professional
17    Regulation. Conditions for the renewal of firearm control
18    cards issued under the provisions of this Section shall be
19    the same as for those cards issued under the provisions of
20    the Private Detective, Private Alarm, Private Security,
21    Fingerprint Vendor, and Locksmith Act of 2004. The firearm
22    control card shall be carried by the security guard at all
23    times when he or she is in possession of a concealable
24    weapon permitted by his or her firearm control card.
25        (7) Agents and investigators of the Illinois
26    Legislative Investigating Commission authorized by the

 

 

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1    Commission to carry the weapons specified in subsections
2    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
3    any investigation for the Commission.
4        (8) Persons employed by a financial institution as a
5    security guard for the protection of other employees and
6    property related to such financial institution, while
7    actually engaged in the performance of their duties,
8    commuting between their homes and places of employment, or
9    traveling between sites or properties owned or operated by
10    such financial institution, and who, as a security guard,
11    is a member of a security force registered with the
12    Department; provided that any person so employed has
13    successfully completed a course of study, approved by and
14    supervised by the Department of Financial and Professional
15    Regulation, consisting of not less than 40 hours of
16    training which includes theory of law enforcement,
17    liability for acts, and the handling of weapons. A person
18    shall be considered to be eligible for this exemption if he
19    or she has completed the required 20 hours of training for
20    a security officer and 20 hours of required firearm
21    training, and has been issued a firearm control card by the
22    Department of Financial and Professional Regulation.
23    Conditions for renewal of firearm control cards issued
24    under the provisions of this Section shall be the same as
25    for those issued under the provisions of the Private
26    Detective, Private Alarm, Private Security, Fingerprint

 

 

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

 

 

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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    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
15to or affect any person carrying a concealed pistol, revolver,
16or handgun and the person has been issued a currently valid
17license under the Firearm Concealed Carry Act at the time of
18the commission of the offense.
19     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
20to or affect a qualified current or retired law enforcement
21officer qualified under the laws of this State or under the
22federal Law Enforcement Officers Safety Act.
23    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2424-1.6 do not apply to or affect any of the following:
25        (1) Members of any club or organization organized for
26    the purpose of practicing shooting at targets upon

 

 

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1    established target ranges, whether public or private, and
2    patrons of such ranges, while such members or patrons are
3    using their firearms on those target ranges.
4        (2) Duly authorized military or civil organizations
5    while parading, with the special permission of the
6    Governor.
7        (3) Hunters, trappers or fishermen with a license or
8    permit while engaged in hunting, trapping or fishing.
9        (4) Transportation of weapons that are broken down in a
10    non-functioning state or are not immediately accessible.
11        (5) Carrying or possessing any pistol, revolver, stun
12    gun or taser or other firearm on the land or in the legal
13    dwelling of another person as an invitee with that person's
14    permission.
15    (c) Subsection 24-1(a)(7) does not apply to or affect any
16of the following:
17        (1) Peace officers while in performance of their
18    official duties.
19        (2) Wardens, superintendents and keepers of prisons,
20    penitentiaries, jails and other institutions for the
21    detention of persons accused or convicted of an offense.
22        (3) Members of the Armed Services or Reserve Forces of
23    the United States or the Illinois National Guard, while in
24    the performance of their official duty.
25        (4) Manufacture, transportation, or sale of machine
26    guns to persons authorized under subdivisions (1) through

 

 

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1    (3) of this subsection to possess machine guns, if the
2    machine guns are broken down in a non-functioning state or
3    are not immediately accessible.
4        (5) Persons licensed under federal law to manufacture
5    any weapon from which 8 or more shots or bullets can be
6    discharged by a single function of the firing device, or
7    ammunition for such weapons, and actually engaged in the
8    business of manufacturing such weapons or ammunition, but
9    only with respect to activities which are within the lawful
10    scope of such business, such as the manufacture,
11    transportation, or testing of such weapons or ammunition.
12    This exemption does not authorize the general private
13    possession of any weapon from which 8 or more shots or
14    bullets can be discharged by a single function of the
15    firing device, but only such possession and activities as
16    are within the lawful scope of a licensed manufacturing
17    business described in this paragraph.
18        During transportation, such weapons shall be broken
19    down in a non-functioning state or not immediately
20    accessible.
21        (6) The manufacture, transport, testing, delivery,
22    transfer or sale, and all lawful commercial or experimental
23    activities necessary thereto, of rifles, shotguns, and
24    weapons made from rifles or shotguns, or ammunition for
25    such rifles, shotguns or weapons, where engaged in by a
26    person operating as a contractor or subcontractor pursuant

 

 

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1    to a contract or subcontract for the development and supply
2    of such rifles, shotguns, weapons or ammunition to the
3    United States government or any branch of the Armed Forces
4    of the United States, when such activities are necessary
5    and incident to fulfilling the terms of such contract.
6        The exemption granted under this subdivision (c)(6)
7    shall also apply to any authorized agent of any such
8    contractor or subcontractor who is operating within the
9    scope of his employment, where such activities involving
10    such weapon, weapons or ammunition are necessary and
11    incident to fulfilling the terms of such contract.
12        (7) A person possessing a rifle with a barrel or
13    barrels less than 16 inches in length if: (A) the person
14    has been issued a Curios and Relics license from the U.S.
15    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
16    the person is an active member of a bona fide, nationally
17    recognized military re-enacting group and the modification
18    is required and necessary to accurately portray the weapon
19    for historical re-enactment purposes; the re-enactor is in
20    possession of a valid and current re-enacting group
21    membership credential; and the overall length of the weapon
22    as modified is not less than 26 inches.
23    (d) Subsection 24-1(a)(1) does not apply to the purchase,
24possession or carrying of a black-jack or slung-shot by a peace
25officer.
26    (e) Subsection 24-1(a)(8) does not apply to any owner,

 

 

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1manager or authorized employee of any place specified in that
2subsection nor to any law enforcement officer.
3    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
4Section 24-1.6 do not apply to members of any club or
5organization organized for the purpose of practicing shooting
6at targets upon established target ranges, whether public or
7private, while using their firearms on those target ranges.
8    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
9to:
10        (1) Members of the Armed Services or Reserve Forces of
11    the United States or the Illinois National Guard, while in
12    the performance of their official duty.
13        (2) Bonafide collectors of antique or surplus military
14    ordnance.
15        (3) Laboratories having a department of forensic
16    ballistics, or specializing in the development of
17    ammunition or explosive ordnance.
18        (4) Commerce, preparation, assembly or possession of
19    explosive bullets by manufacturers of ammunition licensed
20    by the federal government, in connection with the supply of
21    those organizations and persons exempted by subdivision
22    (g)(1) of this Section, or like organizations and persons
23    outside this State, or the transportation of explosive
24    bullets to any organization or person exempted in this
25    Section by a common carrier or by a vehicle owned or leased
26    by an exempted manufacturer.

 

 

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1    (g-5) Subsection 24-1(a)(6) does not apply to or affect
2persons licensed under federal law to manufacture any device or
3attachment of any kind designed, used, or intended for use in
4silencing the report of any firearm, firearms, or ammunition
5for those firearms equipped with those devices, and actually
6engaged in the business of manufacturing those devices,
7firearms, or ammunition, but only with respect to activities
8that are within the lawful scope of that business, such as the
9manufacture, transportation, or testing of those devices,
10firearms, or ammunition. This exemption does not authorize the
11general private possession of any device or attachment of any
12kind designed, used, or intended for use in silencing the
13report of any firearm, but only such possession and activities
14as are within the lawful scope of a licensed manufacturing
15business described in this subsection (g-5). During
16transportation, these devices shall be detached from any weapon
17or not immediately accessible.
18    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1924-1.6 do not apply to or affect any parole agent or parole
20supervisor who meets the qualifications and conditions
21prescribed in Section 3-14-1.5 of the Unified Code of
22Corrections.
23    (g-7) Subsection 24-1(a)(6) does not apply to a peace
24officer while serving as a member of a tactical response team
25or special operations team. A peace officer may not personally
26own or apply for ownership of a device or attachment of any

 

 

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1kind designed, used, or intended for use in silencing the
2report of any firearm. These devices shall be owned and
3maintained by lawfully recognized units of government whose
4duties include the investigation of criminal acts.
5    (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
624-1.6 do not apply to or affect an employed or qualified
7retired State correctional officer who meets the
8qualifications and conditions prescribed in this subsection
9(g-8).
10        (1) In this subsection (g-8):
11        "State correctional officer" means an employee of the
12    Department of Corrections who has custody and control over
13    inmates in an adult correctional facility.
14        "Qualified retired State correctional officer" means a
15    former State correctional officer who:
16            (A) was separated from service with the Department
17        of Corrections in good standing;
18            (B) before the separation, was authorized by law to
19        engage in or supervise the activities of prevention,
20        detection, investigation, prosecution, or
21        incarceration of any person for any violation of law;
22            (C) before the separation, served as a State
23        correctional officer for an aggregate of 10 years or
24        more;
25            (D) has not either:
26                (i) been officially found, as the Department

 

 

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1            shall by rule provide, by a qualified medical
2            professional employed by the Department of
3            Corrections to be unqualified for reasons relating
4            to mental health and as a result of this finding
5            will not be issued the photographic identification
6            as described in subparagraph (E) of paragraph (2);
7            or
8                (ii) entered into an agreement with the
9            Department of Corrections in which that individual
10            acknowledges he or she is not qualified under this
11            Section for reasons relating to mental health and
12            for those reasons will not receive or accept the
13            photographic identification as described in
14            subparagraph (E) of paragraph (2);
15            (E) is not under the influence of alcohol or any
16        other intoxicating or hallucinatory drug or substance;
17        and
18            (F) is not prohibited by State or federal law from
19        owning or possessing a firearm.
20        (2)(A) The employed or qualified retired State
21    correctional officer must receive training in the use of
22    firearms while off-duty conducted by the Illinois Law
23    Enforcement Training Standards Board and be certified as
24    having successfully completed the training by the Board.
25    The Board shall determine the amount of the training and
26    the course content for the training. The employed or

 

 

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

 

 

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1    State correctional officer while carrying a firearm
2    off-duty, along with a valid annual firearm certificate
3    issued by the Illinois Law Enforcement Training Standards
4    Board stating that he or she is qualified to carry a
5    concealed weapon.
6    (g-9) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
724-1.6 do not apply to or affect an employed or qualified
8retired county correctional officer who meets the
9qualifications and conditions prescribed in this subsection
10(g-9).
11        (1) In this subsection (g-9):
12        "County correctional officer" means an employee of a
13    county sheriff's office within this State who has custody
14    and control over adult inmates in a county jail.
15        "Qualified retired county correctional officer" means
16    a former county correctional officer who:
17            (A) was separated from service with the county
18        sheriff's office in good standing;
19            (B) before the separation, was authorized by law to
20        engage in or supervise the activities of prevention,
21        detection, investigation, prosecution, or
22        incarceration of any person for any violation of law;
23            (C) before the separation, served as a county
24        correctional officer for an aggregate of 10 years or
25        more;
26            (D) has not either:

 

 

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1                (i) been officially found, as the county
2            sheriff shall by rule provide, by a qualified
3            medical professional employed by the county
4            sheriff to be unqualified for reasons relating to
5            mental health and as a result of this finding will
6            not be issued the photographic identification as
7            described in subparagraph (E) of paragraph (2); or
8                (ii) entered into an agreement with the county
9            sheriff's office from which the individual is
10            separated form service in which that individual
11            acknowledges he or she is not qualified under this
12            Section for reasons relating to mental health and
13            for those reasons will not receive or accept the
14            photographic identification as described in
15            subparagraph (E) of paragraph (2);
16            (E) is not under the influence of alcohol or any
17        other intoxicating or hallucinatory drug or substance;
18        and
19            (F) is not prohibited by State or federal law from
20        receiving a firearm.
21        (2)(A) The employed or qualified retired county
22    correctional officer must receive training in the use of
23    firearms while off-duty conducted by the Illinois Law
24    Enforcement Training Standards Board and be certified as
25    having successfully completed the training by the Board.
26    The Board shall determine the amount of the training and

 

 

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1    the course content for the training. The employed or
2    qualified retired county correctional officer shall
3    requalify for the firearms training annually at a State
4    range certified by the Illinois Law Enforcement Training
5    Standards Board. The expenses of the retraining shall be
6    paid by the employed or qualified retired county
7    correctional officer and moneys for the costs of the
8    requalification shall be expended at the request of the
9    Illinois Law Enforcement Training Standards Board.
10        (B) The employed or qualified retired county
11    correctional officer shall purchase the firearm at his or
12    her own expense and shall register the firearm with the
13    Department of State Police and with any other local law
14    enforcement agencies that require the registration.
15        (C) The employed or qualified retired county
16    correctional officer may not carry any county
17    sheriff-issued firearm while off-duty. A person who
18    violates this subparagraph (C) is subject to disciplinary
19    action by the county sheriff.
20        (D) County correctional officers who are or were
21    discharged from employment by the county sheriff shall no
22    longer be considered law enforcement officials and all
23    their rights as law enforcement officials shall be revoked
24    permanently.
25        (E) The employed or qualified retired county
26    correctional officer shall carry a photographic

 

 

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1    identification issued by his or her agency identifying him
2    or her as an employed or qualified retired county
3    correctional officer while carrying a firearm off-duty,
4    along with a valid annual firearm certificate issued by the
5    Illinois Law Enforcement Training Standards Board stating
6    that he or she is qualified to carry a concealed weapon.
7    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
824-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
9athlete's possession, transport on official Olympic and
10Paralympic transit systems established for athletes, or use of
11competition firearms sanctioned by the International Olympic
12Committee, the International Paralympic Committee, the
13International Shooting Sport Federation, or USA Shooting in
14connection with such athlete's training for and participation
15in shooting competitions at the 2016 Olympic and Paralympic
16Games and sanctioned test events leading up to the 2016 Olympic
17and Paralympic Games.
18    (h) An information or indictment based upon a violation of
19any subsection of this Article need not negative any exemptions
20contained in this Article. The defendant shall have the burden
21of proving such an exemption.
22    (i) Nothing in this Article shall prohibit, apply to, or
23affect the transportation, carrying, or possession, of any
24pistol or revolver, stun gun, taser, or other firearm consigned
25to a common carrier operating under license of the State of
26Illinois or the federal government, where such transportation,

 

 

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1carrying, or possession is incident to the lawful
2transportation in which such common carrier is engaged; and
3nothing in this Article shall prohibit, apply to, or affect the
4transportation, carrying, or possession of any pistol,
5revolver, stun gun, taser, or other firearm, not the subject of
6and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
7this Article, which is unloaded and enclosed in a case, firearm
8carrying box, shipping box, or other container, by the
9possessor of a valid Firearm Owners Identification Card.
10(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.