Full Text of HB5118 101st General Assembly
HB5118 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5118 Introduced 2/18/2020, by Rep. Terri Bryant SYNOPSIS AS INTRODUCED: |
| 430 ILCS 66/65 | | 430 ILCS 66/105 | |
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Amends the Firearm Concealed Carry Act. Provides that the school board of a school district of a public elementary or secondary school or a non-public elementary or secondary school may develop a policy to permit the carrying of a firearm by an employee of the school, licensed under the Act, in any building or on any real property or parking area under the control of the public or non-public elementary or secondary school. Provides that the policy must contain safe storage provisions for the firearm. Those provisions must include securing the firearm in a locked box or container that cannot be accessed by students. Changes "private" elementary or secondary school references in the Act to "non-public" elementary or secondary school.
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| | A BILL FOR |
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| | | HB5118 | | LRB101 15590 RLC 64936 b |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Concealed Carry Act is amended by | 5 | | changing Sections 65 and 105 as follows: | 6 | | (430 ILCS 66/65)
| 7 | | Sec. 65. Prohibited areas. | 8 | | (a) A licensee under this Act shall not knowingly carry a | 9 | | firearm on or into: | 10 | | (1) Except as otherwise provided in subsection (a-3) of | 11 | | this Section, any Any building, real property, and parking | 12 | | area under the control of a public or non-public private | 13 | | elementary or secondary 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 | 17 | | control of a pre-school or child care facility. Nothing in | 18 | | this paragraph shall prevent the operator of a child care | 19 | | facility in a family home from owning or possessing a | 20 | | firearm in the home or license under this Act, if no child | 21 | | under child care at the home is present in the home or the | 22 | | firearm in the home is stored in a locked container when a | 23 | | child under child care at the home is present in the home. |
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| 1 | | (3) Any building, parking area, or portion of a | 2 | | building under the control of an officer of the executive | 3 | | or legislative branch of government, provided that nothing | 4 | | in this paragraph shall prohibit a licensee from carrying a | 5 | | concealed firearm onto the real property, bikeway, or trail | 6 | | in a park regulated by the Department of Natural Resources | 7 | | or any other designated public hunting area or building | 8 | | where firearm possession is permitted as established by the | 9 | | Department of Natural Resources under Section 1.8 of the | 10 | | Wildlife Code. | 11 | | (4) Any building designated for matters before a | 12 | | circuit court, appellate court, or the Supreme Court, or | 13 | | any building or portion of a building under the control of | 14 | | the Supreme Court. | 15 | | (5) Any building or portion of a building under the | 16 | | control of a unit of local government. | 17 | | (6) Any building, real property, and parking area under | 18 | | the control of an adult or juvenile detention or | 19 | | correctional institution, prison, or jail. | 20 | | (7) Any building, real property, and parking area under | 21 | | the control of a public or private hospital or hospital | 22 | | affiliate, mental health facility, or nursing home. | 23 | | (8) Any bus, train, or form of transportation paid for | 24 | | in whole or in part with public funds, and any building, | 25 | | real property, and parking area under the control of a | 26 | | public transportation facility paid for in whole or in part |
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| 1 | | with public funds. | 2 | | (9) Any building, real property, and parking area under | 3 | | the control of an establishment that serves alcohol on its | 4 | | premises, if more than 50% of the establishment's gross | 5 | | receipts within the prior 3 months is from the sale of | 6 | | alcohol. The owner of an establishment who knowingly fails | 7 | | to prohibit concealed firearms on its premises as provided | 8 | | in this paragraph or who knowingly makes a false statement | 9 | | or record to avoid the prohibition on concealed firearms | 10 | | under this paragraph is subject to the penalty under | 11 | | subsection (c-5) of Section 10-1 of the Liquor Control Act | 12 | | of 1934. | 13 | | (10) Any public gathering or special event conducted on | 14 | | property open to the public that requires the issuance of a | 15 | | permit from the unit of local government, provided this | 16 | | prohibition shall not apply to a licensee who must walk | 17 | | through a public gathering in order to access his or her | 18 | | residence, place of business, or vehicle. | 19 | | (11) Any building or real property that has been issued | 20 | | a Special Event Retailer's license as defined in Section | 21 | | 1-3.17.1 of the Liquor Control Act during the time | 22 | | designated for the sale of alcohol by the Special Event | 23 | | Retailer's license, or a Special use permit license as | 24 | | defined in subsection (q) of Section 5-1 of the Liquor | 25 | | Control Act during the time designated for the sale of | 26 | | alcohol by the Special use permit license. |
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| 1 | | (12) Any public playground. | 2 | | (13) Any public park, athletic area, or athletic | 3 | | facility under the control of a municipality or park | 4 | | district, provided nothing in this Section shall prohibit a | 5 | | licensee from carrying a concealed firearm while on a trail | 6 | | or bikeway if only a portion of the trail or bikeway | 7 | | includes a public park. | 8 | | (14) Any real property under the control of the Cook | 9 | | County Forest Preserve District. | 10 | | (15) Any building, classroom, laboratory, medical | 11 | | clinic, hospital, artistic venue, athletic venue, | 12 | | entertainment venue, officially recognized | 13 | | university-related organization property, whether owned or | 14 | | leased, and any real property, including parking areas, | 15 | | sidewalks, and common areas under the control of a public | 16 | | or private community college, college, or university. | 17 | | (16) Any building, real property, or parking area under | 18 | | the control of a gaming facility licensed under the | 19 | | Illinois Gambling Act or the Illinois Horse Racing Act of | 20 | | 1975, including an inter-track wagering location licensee. | 21 | | (17) Any stadium, arena, or the real property or | 22 | | parking area under the control of a stadium, arena, or any | 23 | | collegiate or professional sporting event. | 24 | | (18) Any building, real property, or parking area under | 25 | | the control of a public library. | 26 | | (19) Any building, real property, or parking area under |
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| 1 | | the control of an airport. | 2 | | (20) Any building, real property, or parking area under | 3 | | the control of an amusement park. | 4 | | (21) Any building, real property, or parking area under | 5 | | the control of a zoo or museum. | 6 | | (22) Any street, driveway, parking area, property, | 7 | | building, or facility, owned, leased, controlled, or used | 8 | | by a nuclear energy, storage, weapons, or development site | 9 | | or facility regulated by the federal Nuclear Regulatory | 10 | | Commission. The licensee shall not under any circumstance | 11 | | store a firearm or ammunition in his or her vehicle or in a | 12 | | compartment or container within a vehicle located anywhere | 13 | | in or on the street, driveway, parking area, property, | 14 | | building, or facility described in this paragraph. | 15 | | (23) Any area where firearms are prohibited under | 16 | | federal law. | 17 | | (a-3) The school board of a school district of a public | 18 | | elementary or secondary school or a non-public elementary or | 19 | | secondary school may develop a policy to permit the carrying of | 20 | | a firearm by an employee of the school, licensed under this | 21 | | Act, in any building or on any real property or parking area | 22 | | under the control of the public or non-public elementary or | 23 | | secondary school. The policy must contain safe storage | 24 | | provisions for the firearm. Those provisions must include | 25 | | securing the firearm in a locked box or container that cannot | 26 | | be accessed by students. |
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| 1 | | (a-5) Nothing in this Act shall prohibit a public or | 2 | | private community college, college, or university from: | 3 | | (1) prohibiting persons from carrying a firearm within | 4 | | a vehicle owned, leased, or controlled by the college or | 5 | | university; | 6 | | (2) developing resolutions, regulations, or policies | 7 | | regarding student, employee, or visitor misconduct and | 8 | | discipline, including suspension and expulsion; | 9 | | (3) developing resolutions, regulations, or policies | 10 | | regarding the storage or maintenance of firearms, which | 11 | | must include designated areas where persons can park | 12 | | vehicles that carry firearms; and | 13 | | (4) permitting the carrying or use of firearms for the | 14 | | purpose of instruction and curriculum of officially | 15 | | recognized programs, including but not limited to military | 16 | | science and law enforcement training programs, or in any | 17 | | designated area used for hunting purposes or target | 18 | | shooting. | 19 | | (a-10) The owner of private real property of any type may | 20 | | prohibit the carrying of concealed firearms on the property | 21 | | under his or her control. The owner must post a sign in | 22 | | accordance with subsection (d) of this Section indicating that | 23 | | firearms are prohibited on the property, unless the property is | 24 | | a private residence. | 25 | | (b) Notwithstanding subsections (a), (a-5), and (a-10) of | 26 | | this Section except under paragraph (22) or (23) of subsection |
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| 1 | | (a), any licensee prohibited from carrying a concealed firearm | 2 | | into the parking area of a prohibited location specified in | 3 | | subsection (a), (a-5), or (a-10) of this Section shall be | 4 | | permitted to carry a concealed firearm on or about his or her | 5 | | person within a vehicle into the parking area and may store a | 6 | | firearm or ammunition concealed in a case within a locked | 7 | | vehicle or locked container out of plain view within the | 8 | | vehicle in the parking area. A licensee may carry a concealed | 9 | | firearm in the immediate area surrounding his or her vehicle | 10 | | within a prohibited parking lot area only for the limited | 11 | | purpose of storing or retrieving a firearm within the vehicle's | 12 | | trunk. For purposes of this subsection, "case" includes a glove | 13 | | compartment or console that completely encloses the concealed | 14 | | firearm or ammunition, the trunk of the vehicle, or a firearm | 15 | | carrying box, shipping box, or other container. | 16 | | (c) A licensee shall not be in violation of this Section | 17 | | while he or she is traveling along a public right of way that | 18 | | touches or crosses any of the premises under subsection (a), | 19 | | (a-5), or (a-10) of this Section if the concealed firearm is | 20 | | carried on his or her person in accordance with the provisions | 21 | | of this Act or is being transported in a vehicle by the | 22 | | licensee in accordance with all other applicable provisions of | 23 | | law. | 24 | | (d) Signs stating that the carrying of firearms is | 25 | | prohibited shall be clearly and conspicuously posted at the | 26 | | entrance of a building, premises, or real property specified in |
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| 1 | | this Section as a prohibited area, unless the building or | 2 | | premises is a private residence. Signs shall be of a uniform | 3 | | design as established by the Department and shall be 4 inches | 4 | | by 6 inches in size. The Department shall adopt rules for | 5 | | standardized signs to be used under this subsection.
| 6 | | (Source: P.A. 101-31, eff. 6-28-19.) | 7 | | (430 ILCS 66/105)
| 8 | | Sec. 105. Duty of school administrator. It is the duty of | 9 | | the principal
of a public elementary or secondary school, or | 10 | | his or her designee, and the
chief administrative officer of a | 11 | | non-public private elementary or secondary school or a
public | 12 | | or private community college, college, or university, or his or | 13 | | her
designee, to report to the Department of State Police when | 14 | | a student is determined to pose a clear and present danger to | 15 | | himself, herself, or to others, within 24 hours of
the | 16 | | determination as provided in Section 6-103.3 of the Mental | 17 | | Health and Developmental Disabilities Code. "Clear and present | 18 | | danger" has the meaning as provided in paragraph (2) of the | 19 | | definition of "clear and present danger" in Section 1.1 of the | 20 | | Firearm Owners Identification Card Act.
| 21 | | (Source: P.A. 98-63, eff. 7-9-13.)
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