Full Text of SB1139 101st General Assembly
SB1139enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearm Owners Identification Card Act is | 5 | | amended by changing Sections 4 and 8 as follows:
| 6 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| 7 | | Sec. 4. Application for Firearm Owner's Identification | 8 | | Cards. | 9 | | (a) Each applicant for a Firearm Owner's Identification | 10 | | Card must:
| 11 | | (1) Make application on blank forms prepared and | 12 | | furnished at convenient
locations throughout the State by | 13 | | the Department of State Police, or by
electronic means, if | 14 | | and when made available by the Department of State
Police; | 15 | | and
| 16 | | (2) Submit evidence to the Department of State Police | 17 | | that:
| 18 | | (i) This subparagraph (i) applies through the | 19 | | 180th day following the effective date of this | 20 | | amendatory Act of the 101st General Assembly. He or she | 21 | | is 21 years of age or over, or if he or she is under 21
| 22 | | years of age that he or she has the written consent of | 23 | | his or her parent or
legal guardian to possess and |
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| 1 | | acquire firearms and firearm ammunition and that
he or | 2 | | she has never been convicted of a misdemeanor other | 3 | | than a traffic
offense or adjudged
delinquent, | 4 | | provided, however, that such parent or legal guardian | 5 | | is not an
individual prohibited from having a Firearm | 6 | | Owner's Identification Card and
files an affidavit | 7 | | with the Department as prescribed by the Department
| 8 | | stating that he or she is not an individual prohibited | 9 | | from having a Card; | 10 | | (i-5) This subparagraph (i-5) applies on and after | 11 | | the 181st day following the effective date of this | 12 | | amendatory Act of the 101st General Assembly. He or she | 13 | | is 21 years of age or over, or if he or she is under 21
| 14 | | years of age that he or she has never been convicted of | 15 | | a misdemeanor other than a traffic offense or adjudged | 16 | | delinquent and is an active duty member of the United | 17 | | States Armed Forces or has the written consent of his | 18 | | or her parent or
legal guardian to possess and acquire | 19 | | firearms and firearm ammunition, provided, however, | 20 | | that such parent or legal guardian is not an
individual | 21 | | prohibited from having a Firearm Owner's | 22 | | Identification Card and
files an affidavit with the | 23 | | Department as prescribed by the Department
stating | 24 | | that he or she is not an individual prohibited from | 25 | | having a Card or the active duty member of the United | 26 | | States Armed Forces under 21 years of age annually |
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| 1 | | submits proof to the Department of State Police, in a | 2 | | manner prescribed by the Department;
| 3 | | (ii) He or she has not been convicted of a felony | 4 | | under the laws of
this or any other jurisdiction;
| 5 | | (iii) He or she is not addicted to narcotics;
| 6 | | (iv) He or she has not been a patient in a mental | 7 | | health facility within
the past 5 years or, if he or | 8 | | she has been a patient in a mental health facility more | 9 | | than 5 years ago submit the certification required | 10 | | under subsection (u) of Section 8 of this Act;
| 11 | | (v) He or she is not a person with an intellectual | 12 | | disability;
| 13 | | (vi) He or she is not an alien who is unlawfully | 14 | | present in the
United States under the laws of the | 15 | | United States;
| 16 | | (vii) He or she is not subject to an existing order | 17 | | of protection
prohibiting him or her from possessing a | 18 | | firearm;
| 19 | | (viii) He or she has not been convicted within the | 20 | | past 5 years of
battery, assault, aggravated assault, | 21 | | violation of an order of
protection, or a substantially | 22 | | similar offense in another jurisdiction, in
which a | 23 | | firearm was used or possessed;
| 24 | | (ix) He or she has not been convicted of domestic | 25 | | battery, aggravated domestic battery, or a
| 26 | | substantially similar offense in another
jurisdiction |
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| 1 | | committed before, on or after January 1, 2012 (the | 2 | | effective date of Public Act 97-158). If the applicant | 3 | | knowingly and intelligently waives the right to have an | 4 | | offense described in this clause (ix) tried by a jury, | 5 | | and by guilty plea or otherwise, results in a | 6 | | conviction for an offense in which a domestic | 7 | | relationship is not a required element of the offense | 8 | | but in which a determination of the applicability of 18 | 9 | | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | 10 | | Code of Criminal Procedure of 1963, an entry by the | 11 | | court of a judgment of conviction for that offense | 12 | | shall be grounds for denying the issuance of a Firearm | 13 | | Owner's Identification Card under this Section;
| 14 | | (x) (Blank);
| 15 | | (xi) He or she is not an alien who has been | 16 | | admitted to the United
States under a non-immigrant | 17 | | visa (as that term is defined in Section
101(a)(26) of | 18 | | the Immigration and Nationality Act (8 U.S.C. | 19 | | 1101(a)(26))),
or that he or she is an alien who has | 20 | | been lawfully admitted to the United
States under a | 21 | | non-immigrant visa if that alien is:
| 22 | | (1) admitted to the United States for lawful | 23 | | hunting or sporting
purposes;
| 24 | | (2) an official representative of a foreign | 25 | | government who is:
| 26 | | (A) accredited to the United States |
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| 1 | | Government or the Government's
mission to an | 2 | | international organization having its | 3 | | headquarters in the United
States; or
| 4 | | (B) en route to or from another country to | 5 | | which that alien is
accredited;
| 6 | | (3) an official of a foreign government or | 7 | | distinguished foreign
visitor who has been so | 8 | | designated by the Department of State;
| 9 | | (4) a foreign law enforcement officer of a | 10 | | friendly foreign
government entering the United | 11 | | States on official business; or
| 12 | | (5) one who has received a waiver from the | 13 | | Attorney General of the
United States pursuant to | 14 | | 18 U.S.C. 922(y)(3);
| 15 | | (xii) He or she is not a minor subject to a | 16 | | petition filed
under Section 5-520 of the Juvenile | 17 | | Court Act of 1987 alleging that the
minor is a | 18 | | delinquent minor for the commission of an offense that | 19 | | if
committed by an adult would be a felony;
| 20 | | (xiii) He or she is not an adult who had been | 21 | | adjudicated a delinquent
minor under the Juvenile | 22 | | Court Act of 1987 for the commission of an offense
that | 23 | | if committed by an adult would be a felony;
| 24 | | (xiv) He or she is a resident of the State of | 25 | | Illinois; | 26 | | (xv) He or she has not been adjudicated as a person |
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| 1 | | with a mental disability; | 2 | | (xvi) He or she has not been involuntarily admitted | 3 | | into a mental health facility; and | 4 | | (xvii) He or she is not a person with a | 5 | | developmental disability; and
| 6 | | (3) Upon request by the Department of State Police, | 7 | | sign a release on a
form prescribed by the Department of | 8 | | State Police waiving any right to
confidentiality and | 9 | | requesting the disclosure to the Department of State Police
| 10 | | of limited mental health institution admission information | 11 | | from another state,
the District of Columbia, any other | 12 | | territory of the United States, or a
foreign nation | 13 | | concerning the applicant for the sole purpose of | 14 | | determining
whether the applicant is or was a patient in a | 15 | | mental health institution and
disqualified because of that | 16 | | status from receiving a Firearm Owner's
Identification | 17 | | Card. No mental health care or treatment records may be
| 18 | | requested. The information received shall be destroyed | 19 | | within one year of
receipt.
| 20 | | (a-5) Each applicant for a Firearm Owner's Identification | 21 | | Card who is over
the age of 18 shall furnish to the Department | 22 | | of State Police either his or
her Illinois driver's license | 23 | | number or Illinois Identification Card number, except as
| 24 | | provided in subsection (a-10).
| 25 | | (a-10) Each applicant for a Firearm Owner's Identification | 26 | | Card,
who is employed as a law enforcement officer, an armed |
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| 1 | | security officer in Illinois, or by the United States Military
| 2 | | permanently assigned in Illinois and who is not an Illinois | 3 | | resident, shall furnish to
the Department of State Police his | 4 | | or her driver's license number or state
identification card | 5 | | number from his or her state of residence. The Department
of | 6 | | State Police may adopt rules to enforce the provisions of this
| 7 | | subsection (a-10).
| 8 | | (a-15) If an applicant applying for a Firearm Owner's | 9 | | Identification Card moves from the residence address named in | 10 | | the application, he or she shall immediately notify in a form | 11 | | and manner prescribed by the Department of State Police of that | 12 | | change of address. | 13 | | (a-20) Each applicant for a Firearm Owner's Identification | 14 | | Card shall furnish to the Department of State Police his or her | 15 | | photograph. An applicant who is 21 years of age or older | 16 | | seeking a religious exemption to the photograph requirement | 17 | | must furnish with the application an approved copy of United | 18 | | States Department of the Treasury Internal Revenue Service Form | 19 | | 4029. In lieu of a photograph, an applicant regardless of age | 20 | | seeking a religious exemption to the photograph requirement | 21 | | shall submit fingerprints on a form and manner prescribed by | 22 | | the Department with his or her application. | 23 | | (b) Each application form shall include the following | 24 | | statement printed in
bold type: "Warning: Entering false | 25 | | information on an application for a Firearm
Owner's | 26 | | Identification Card is punishable as a Class 2 felony in |
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| 1 | | accordance
with subsection (d-5) of Section 14 of the Firearm | 2 | | Owners Identification Card
Act.".
| 3 | | (c) Upon such written consent, pursuant to Section 4, | 4 | | paragraph (a)(2)(i),
the parent or legal guardian giving the | 5 | | consent shall be liable for any
damages resulting from the | 6 | | applicant's use of firearms or firearm ammunition.
| 7 | | (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
| 8 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 9 | | Sec. 8. Grounds for denial and revocation. The Department | 10 | | of State Police has authority to deny an
application for or to | 11 | | revoke and seize a Firearm Owner's Identification
Card | 12 | | previously issued under this Act only if the Department finds | 13 | | that the
applicant or the person to whom such card was issued | 14 | | is or was at the time
of issuance:
| 15 | | (a) A person under 21 years of age who has been | 16 | | convicted of a
misdemeanor other than a traffic offense or | 17 | | adjudged delinquent;
| 18 | | (b) This subsection (b) applies through the 180th day | 19 | | following the effective date of this amendatory Act of the | 20 | | 101st General Assembly. A person under 21 years of age who | 21 | | does not have the written consent
of his parent or guardian | 22 | | to acquire and possess firearms and firearm
ammunition, or | 23 | | whose parent or guardian has revoked such written consent,
| 24 | | or where such parent or guardian does not qualify to have a | 25 | | Firearm Owner's
Identification Card; |
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| 1 | | (b-5) This subsection (b-5) applies on and after the | 2 | | 181st day following the effective date of this amendatory | 3 | | Act of the 101st General Assembly. A person under 21 years | 4 | | of age who is not an active duty member of the United | 5 | | States Armed Forces and does not have the written consent
| 6 | | of his or her parent or guardian to acquire and possess | 7 | | firearms and firearm
ammunition, or whose parent or | 8 | | guardian has revoked such written consent,
or where such | 9 | | parent or guardian does not qualify to have a Firearm | 10 | | Owner's
Identification Card;
| 11 | | (c) A person convicted of a felony under the laws of | 12 | | this or any other
jurisdiction;
| 13 | | (d) A person addicted to narcotics;
| 14 | | (e) A person who has been a patient of a mental health | 15 | | facility within the
past 5 years or a person who has been a | 16 | | patient in a mental health facility more than 5 years ago | 17 | | who has not received the certification required under | 18 | | subsection (u) of this Section. An active law enforcement | 19 | | officer employed by a unit of government who is denied, | 20 | | revoked, or has his or her Firearm Owner's Identification | 21 | | Card seized under this subsection (e) may obtain relief as | 22 | | described in subsection (c-5) of Section 10 of this Act if | 23 | | the officer did not act in a manner threatening to the | 24 | | officer, another person, or the public as determined by the | 25 | | treating clinical psychologist or physician, and the | 26 | | officer seeks mental health treatment;
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| 1 | | (f) A person whose mental condition is of such a nature | 2 | | that it poses
a clear and present danger to the applicant, | 3 | | any other person or persons or
the community;
| 4 | | (g) A person who has an intellectual disability;
| 5 | | (h) A person who intentionally makes a false statement | 6 | | in the Firearm
Owner's Identification Card application;
| 7 | | (i) An alien who is unlawfully present in
the United | 8 | | States under the laws of the United States;
| 9 | | (i-5) An alien who has been admitted to the United | 10 | | States under a
non-immigrant visa (as that term is defined | 11 | | in Section 101(a)(26) of the
Immigration and Nationality | 12 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | 13 | | (i-5) does not apply to any alien who has been lawfully | 14 | | admitted to
the United States under a non-immigrant visa if | 15 | | that alien is:
| 16 | | (1) admitted to the United States for lawful | 17 | | hunting or sporting purposes;
| 18 | | (2) an official representative of a foreign | 19 | | government who is:
| 20 | | (A) accredited to the United States Government | 21 | | or the Government's
mission to an international | 22 | | organization having its headquarters in the United
| 23 | | States; or
| 24 | | (B) en route to or from another country to | 25 | | which that alien is
accredited;
| 26 | | (3) an official of a foreign government or |
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| 1 | | distinguished foreign visitor
who has been so | 2 | | designated by the Department of State;
| 3 | | (4) a foreign law enforcement officer of a friendly | 4 | | foreign government
entering the United States on | 5 | | official business; or
| 6 | | (5) one who has received a waiver from the Attorney | 7 | | General of the United
States pursuant to 18 U.S.C. | 8 | | 922(y)(3);
| 9 | | (j) (Blank);
| 10 | | (k) A person who has been convicted within the past 5 | 11 | | years of battery,
assault, aggravated assault, violation | 12 | | of an order of protection, or a
substantially similar | 13 | | offense in another jurisdiction, in which a firearm was
| 14 | | used or possessed;
| 15 | | (l) A person who has been convicted of domestic | 16 | | battery, aggravated domestic battery, or a substantially
| 17 | | similar offense in another jurisdiction committed before, | 18 | | on or after January 1, 2012 (the effective date of Public | 19 | | Act 97-158). If the applicant or person who has been | 20 | | previously issued a Firearm Owner's Identification Card | 21 | | under this Act knowingly and intelligently waives the right | 22 | | to have an offense described in this paragraph (l) tried by | 23 | | a jury, and by guilty plea or otherwise, results in a | 24 | | conviction for an offense in which a domestic relationship | 25 | | is not a required element of the offense but in which a | 26 | | determination of the applicability of 18 U.S.C. 922(g)(9) |
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| 1 | | is made under Section 112A-11.1 of the Code of Criminal | 2 | | Procedure of 1963, an entry by the court of a judgment of | 3 | | conviction for that offense shall be grounds for denying an | 4 | | application for and for revoking and seizing a Firearm | 5 | | Owner's Identification Card previously issued to the | 6 | | person under this Act;
| 7 | | (m) (Blank);
| 8 | | (n) A person who is prohibited from acquiring or | 9 | | possessing
firearms or firearm ammunition by any Illinois | 10 | | State statute or by federal
law;
| 11 | | (o) A minor subject to a petition filed under Section | 12 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the | 13 | | minor is a delinquent minor for
the commission of an | 14 | | offense that if committed by an adult would be a felony;
| 15 | | (p) An adult who had been adjudicated a delinquent | 16 | | minor under the Juvenile
Court Act of 1987 for the | 17 | | commission of an offense that if committed by an
adult | 18 | | would be a felony;
| 19 | | (q) A person who is not a resident of the State of | 20 | | Illinois, except as provided in subsection (a-10) of | 21 | | Section 4; | 22 | | (r) A person who has been adjudicated as a person with | 23 | | a mental disability; | 24 | | (s) A person who has been found to have a developmental | 25 | | disability; | 26 | | (t) A person involuntarily admitted into a mental |
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| 1 | | health facility; or | 2 | | (u) A person who has had his or her Firearm Owner's | 3 | | Identification Card revoked or denied under subsection (e) | 4 | | of this Section or item (iv) of paragraph (2) of subsection | 5 | | (a) of Section 4 of this Act because he or she was a | 6 | | patient in a mental health facility as provided in | 7 | | subsection (e) of this Section, shall not be permitted to | 8 | | obtain a Firearm Owner's Identification Card, after the | 9 | | 5-year period has lapsed, unless he or she has received a | 10 | | mental health evaluation by a physician, clinical | 11 | | psychologist, or qualified examiner as those terms are | 12 | | defined in the Mental Health and Developmental | 13 | | Disabilities Code, and has received a certification that he | 14 | | or she is not a clear and present danger to himself, | 15 | | herself, or others. The physician, clinical psychologist, | 16 | | or qualified examiner making the certification and his or | 17 | | her employer shall not be held criminally, civilly, or | 18 | | professionally liable for making or not making the | 19 | | certification required under this subsection, except for | 20 | | willful or wanton misconduct. This subsection does not | 21 | | apply to a person whose firearm possession rights have been | 22 | | restored through administrative or judicial action under | 23 | | Section 10 or 11 of this Act. | 24 | | Upon revocation of a person's Firearm Owner's | 25 | | Identification Card, the Department of State Police shall | 26 | | provide notice to the person and the person shall comply with |
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| 1 | | Section 9.5 of this Act. | 2 | | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, | 3 | | eff. 7-16-14; 99-143, eff. 7-27-15.)
| 4 | | Section 10. The Firearm Concealed Carry Act is amended by | 5 | | changing Section 50 as follows: | 6 | | (430 ILCS 66/50)
| 7 | | Sec. 50. License renewal. | 8 | | (a) This subsection (a) applies through the 180th day | 9 | | following the effective date of this amendatory Act of the | 10 | | 101st General Assembly. Applications for renewal of a license | 11 | | shall be made to the Department. A license shall be renewed for | 12 | | a period of 5 years upon receipt of a completed renewal | 13 | | application, completion of 3 hours of training required under | 14 | | Section 75 of this Act, payment of the applicable renewal fee, | 15 | | and completion of an investigation under Section 35 of this | 16 | | Act. The renewal application shall contain the information | 17 | | required in Section 30 of this Act, except that the applicant | 18 | | need not resubmit a full set of fingerprints. | 19 | | (b) This subsection (b) applies on and after the 181st day | 20 | | following the effective date of this amendatory Act of the | 21 | | 101st General Assembly. Applications for renewal of a license | 22 | | shall be made to the Department. A license shall be renewed for | 23 | | a period of 5 years from the date of expiration on the | 24 | | applicant's current license upon the receipt of a completed |
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| 1 | | renewal application, completion of 3 hours of training required | 2 | | under Section 75 of this Act, payment of the applicable renewal | 3 | | fee, and completion of an investigation under Section 35 of | 4 | | this Act. The renewal application shall contain the information | 5 | | required in Section 30 of this Act, except that the applicant | 6 | | need not resubmit a full set of fingerprints.
| 7 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.) | 8 | | Section 15. The Firearm Dealer License Certification Act is | 9 | | amended by changing Sections 5-5 and 5-25 as follows: | 10 | | (430 ILCS 68/5-5)
| 11 | | Sec. 5-5. Definitions. In this Act: | 12 | | "Certified licensee" means a licensee that has previously | 13 | | certified its license with the Department
under this Act. | 14 | | "Department" means the Department of State Police. | 15 | | "Director" means the Director of State Police. | 16 | | "Entity" means any person, firm, corporation, group of | 17 | | individuals, or other legal entity. | 18 | | "Inventory" means firearms in the possession of an | 19 | | individual or entity for the purpose of sale or
transfer.
| 20 | | "License" means a Federal Firearms License authorizing a | 21 | | person or entity to engage in the business of
dealing firearms.
| 22 | | "Licensee" means a person, firm, corporation, or other | 23 | | entity who has been given, and is currently in
possession of, a | 24 | | valid Federal Firearms License. |
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| 1 | | "Retail location" means a store open to the public from | 2 | | which a certified licensee
engages in the business of selling, | 3 | | transferring, or facilitating a sale or transfer of a firearm.
| 4 | | For purposes of this Act, the World Shooting and Recreational | 5 | | Complex, a gun show , or similar event at which a certified | 6 | | licensee engages in business from time to time is not a retail | 7 | | location.
| 8 | | (Source: P.A. 100-1178, eff. 1-18-19.) | 9 | | (430 ILCS 68/5-25)
| 10 | | Sec. 5-25. Exemptions. | 11 | | The provisions of this Act related
to the certification of | 12 | | a license do not apply to a
person or entity that engages in | 13 | | the following
activities: | 14 | | (1) temporary transfers of firearms solely for use at | 15 | | the
location or on the premises where the transfer takes | 16 | | place,
such as transfers at a shooting range for use at | 17 | | that location; | 18 | | (2) temporary transfers of firearms solely for use | 19 | | while in
the presence of the transferor or transfers for | 20 | | the
purposes of firearm safety training by a firearms | 21 | | safety training instructor; | 22 | | (3) transfers of firearms among immediate family or
| 23 | | household members, as "immediate family or household | 24 | | member" is
defined in Section 3-2.7-10 of the Unified Code | 25 | | of Corrections, provided that both the transferor and |
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| 1 | | transferee have a currently valid Firearm Owner's | 2 | | Identification Card; however, this paragraph (3) does not | 3 | | limit the familial gift exemption under paragraph (2) of | 4 | | subsection (a-15) of Section 3 of the Firearm Owners | 5 | | Identification Card Act; | 6 | | (4) transfers by persons or entities acting under | 7 | | operation
of law or a court order; | 8 | | (5) transfers by persons or entities liquidating all or
| 9 | | part of a collection. For purposes of this paragraph (5),
| 10 | | "collection" means 2 or more firearms which are of special
| 11 | | interest to collectors by reason of some quality other than | 12 | | is
associated with firearms intended for sporting use or as
| 13 | | offensive or defensive weapons; | 14 | | (6) transfers of firearms that have been rendered
| 15 | | permanently inoperable to a nonprofit historical society,
| 16 | | museum, or institutional collection; | 17 | | (7) transfers by a law enforcement or corrections | 18 | | agency or
a law enforcement or corrections officer acting | 19 | | within the
course and scope of his or her official duties; | 20 | | (8) transfers to a State or local law enforcement | 21 | | agency by a person who has his or her Firearm
Owner's | 22 | | Identification Card revoked; | 23 | | (9) transfers of curios and relics, as defined under
| 24 | | federal law, between collectors licensed under subsection | 25 | | (b)
of Section 923 of the federal Gun Control Act of 1968; | 26 | | (10) transfers by a person or entity licensed as an |
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| 1 | | auctioneer under the Auction License Act; or | 2 | | (10.5) transfers of firearms to a resident registered | 3 | | competitor or attendee or non-resident registered | 4 | | competitor or attendee by a licensed federal firearms | 5 | | dealer under Section 923 of the federal Gun Control Act of | 6 | | 1968 at a competitive shooting event held at the World | 7 | | Shooting and Recreational Complex that is sanctioned by a | 8 | | national governing body; or | 9 | | (11) transfers between a pawnshop and a customer which | 10 | | amount to a bailment. For purposes of this paragraph (11), | 11 | | "bailment" means the act of placing property in the custody | 12 | | and control of another, by agreement in which the holder is | 13 | | responsible for the safekeeping and return of the property.
| 14 | | (Source: P.A. 100-1178, eff. 1-18-19.) | 15 | | Section 20. The Wildlife Code is amended by adding Section | 16 | | 3.4b as follows: | 17 | | (520 ILCS 5/3.4b new) | 18 | | Sec. 3.4b. Concealed firearm exemption. A current or | 19 | | retired law enforcement officer authorized by law to possess a | 20 | | concealed firearm shall be exempt from the provisions of this | 21 | | Code prohibiting possession of those firearms. However, | 22 | | nothing in this Section authorizes the use of those firearms | 23 | | except as authorized by law. |
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| 1 | | Section 25. The Criminal Code of 2012 is amended by | 2 | | changing Sections 14-3 and 24-2 as follows: | 3 | | (720 ILCS 5/14-3) | 4 | | Sec. 14-3. Exemptions. The following activities shall be
| 5 | | exempt from the provisions of this Article: | 6 | | (a) Listening to radio, wireless electronic | 7 | | communications, and television communications of
any sort | 8 | | where the same are publicly made; | 9 | | (b) Hearing conversation when heard by employees of any | 10 | | common
carrier by wire incidental to the normal course of their | 11 | | employment in
the operation, maintenance or repair of the | 12 | | equipment of such common
carrier by wire so long as no | 13 | | information obtained thereby is used or
divulged by the hearer; | 14 | | (c) Any broadcast by radio, television or otherwise whether | 15 | | it be a
broadcast or recorded for the purpose of later | 16 | | broadcasts of any
function where the public is in attendance | 17 | | and the conversations are
overheard incidental to the main | 18 | | purpose for which such broadcasts are
then being made; | 19 | | (d) Recording or listening with the aid of any device to | 20 | | any
emergency communication made in the normal course of | 21 | | operations by any
federal, state or local law enforcement | 22 | | agency or institutions dealing
in emergency services, | 23 | | including, but not limited to, hospitals,
clinics, ambulance | 24 | | services, fire fighting agencies, any public utility,
| 25 | | emergency repair facility, civilian defense establishment or |
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| 1 | | military
installation; | 2 | | (e) Recording the proceedings of any meeting required to be | 3 | | open by
the Open Meetings Act, as amended; | 4 | | (f) Recording or listening with the aid of any device to | 5 | | incoming
telephone calls of phone lines publicly listed or | 6 | | advertised as consumer
"hotlines" by manufacturers or | 7 | | retailers of food and drug products. Such
recordings must be | 8 | | destroyed, erased or turned over to local law
enforcement | 9 | | authorities within 24 hours from the time of such recording and
| 10 | | shall not be otherwise disseminated. Failure on the part of the | 11 | | individual
or business operating any such recording or | 12 | | listening device to comply with
the requirements of this | 13 | | subsection shall eliminate any civil or criminal
immunity | 14 | | conferred upon that individual or business by the operation of
| 15 | | this Section; | 16 | | (g) With prior notification to the State's Attorney of the
| 17 | | county in which
it is to occur, recording or listening with the | 18 | | aid of any device to any
conversation
where a law enforcement | 19 | | officer, or any person acting at the direction of law
| 20 | | enforcement, is a party to the conversation and has consented | 21 | | to it being
intercepted or recorded under circumstances where | 22 | | the use of the device is
necessary for the protection of the | 23 | | law enforcement officer or any person
acting at the direction | 24 | | of law enforcement, in the course of an
investigation
of a | 25 | | forcible felony, a felony offense of involuntary servitude, | 26 | | involuntary sexual servitude of a minor, or trafficking in |
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| 1 | | persons under Section 10-9 of this Code, an offense involving | 2 | | prostitution, solicitation of a sexual act, or pandering, a | 3 | | felony violation of the Illinois Controlled Substances
Act, a | 4 | | felony violation of the Cannabis Control Act, a felony | 5 | | violation of the Methamphetamine Control and Community | 6 | | Protection Act, any "streetgang
related" or "gang-related" | 7 | | felony as those terms are defined in the Illinois
Streetgang | 8 | | Terrorism Omnibus Prevention Act, or any felony offense | 9 | | involving any weapon listed in paragraphs (1) through (11) of | 10 | | subsection (a) of Section 24-1 of this Code.
Any recording or | 11 | | evidence derived
as the
result of this exemption shall be | 12 | | inadmissible in any proceeding, criminal,
civil or
| 13 | | administrative, except (i) where a party to the conversation | 14 | | suffers great
bodily injury or is killed during such | 15 | | conversation, or
(ii)
when used as direct impeachment of a | 16 | | witness concerning matters contained in
the interception or | 17 | | recording. The Director of the
Department of
State Police shall | 18 | | issue regulations as are necessary concerning the use of
| 19 | | devices, retention of tape recordings, and reports regarding | 20 | | their
use; | 21 | | (g-5) (Blank); | 22 | | (g-6) With approval of the State's Attorney of the county | 23 | | in which it is to occur, recording or listening with the aid of | 24 | | any device to any conversation where a law enforcement officer, | 25 | | or any person acting at the direction of law enforcement, is a | 26 | | party to the conversation and has consented to it being |
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| 1 | | intercepted or recorded in the course of an investigation of | 2 | | child pornography, aggravated child pornography, indecent | 3 | | solicitation of a child, luring of a minor, sexual exploitation | 4 | | of a child, aggravated criminal sexual abuse in which the | 5 | | victim of the offense was at the time of the commission of the | 6 | | offense under 18 years of age, or criminal sexual abuse by | 7 | | force or threat of force in which the victim of the offense was | 8 | | at the time of the commission of the offense under 18 years of | 9 | | age. In all such cases, an application for an order approving | 10 | | the previous or continuing use of an eavesdropping device must | 11 | | be made within 48 hours of the commencement of such use. In the | 12 | | absence of such an order, or upon its denial, any continuing | 13 | | use shall immediately terminate. The Director of State Police | 14 | | shall issue rules as are necessary concerning the use of | 15 | | devices, retention of recordings, and reports regarding their | 16 | | use.
Any recording or evidence obtained or derived in the | 17 | | course of an investigation of child pornography, aggravated | 18 | | child pornography, indecent solicitation of a child, luring of | 19 | | a minor, sexual exploitation of a child, aggravated criminal | 20 | | sexual abuse in which the victim of the offense was at the time | 21 | | of the commission of the offense under 18 years of age, or | 22 | | criminal sexual abuse by force or threat of force in which the | 23 | | victim of the offense was at the time of the commission of the | 24 | | offense under 18 years of age shall, upon motion of the State's | 25 | | Attorney or Attorney General prosecuting any case involving | 26 | | child pornography, aggravated child pornography, indecent |
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| 1 | | solicitation of a child, luring of a minor, sexual exploitation | 2 | | of a child, aggravated criminal sexual abuse in which the | 3 | | victim of the offense was at the time of the commission of the | 4 | | offense under 18 years of age, or criminal sexual abuse by | 5 | | force or threat of force in which the victim of the offense was | 6 | | at the time of the commission of the offense under 18 years of | 7 | | age be reviewed in camera with notice to all parties present by | 8 | | the court presiding over the criminal case, and, if ruled by | 9 | | the court to be relevant and otherwise admissible, it shall be | 10 | | admissible at the trial of the criminal case. Absent such a | 11 | | ruling, any such recording or evidence shall not be admissible | 12 | | at the trial of the criminal case; | 13 | | (h) Recordings made simultaneously with the use of an | 14 | | in-car video camera recording of an oral
conversation between a | 15 | | uniformed peace officer, who has identified his or her office, | 16 | | and
a person in the presence of the peace officer whenever (i) | 17 | | an officer assigned a patrol vehicle is conducting an | 18 | | enforcement stop; or (ii) patrol vehicle emergency lights are | 19 | | activated or would otherwise be activated if not for the need | 20 | | to conceal the presence of law enforcement. | 21 | | For the purposes of this subsection (h), "enforcement stop" | 22 | | means an action by a law enforcement officer in relation to | 23 | | enforcement and investigation duties, including but not | 24 | | limited to, traffic stops, pedestrian stops, abandoned vehicle | 25 | | contacts, motorist assists, commercial motor vehicle stops, | 26 | | roadside safety checks, requests for identification, or |
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| 1 | | responses to requests for emergency assistance; | 2 | | (h-5) Recordings of utterances made by a person while in | 3 | | the presence of a uniformed peace officer and while an occupant | 4 | | of a police vehicle including, but not limited to, (i) | 5 | | recordings made simultaneously with the use of an in-car video | 6 | | camera and (ii) recordings made in the presence of the peace | 7 | | officer utilizing video or audio systems, or both, authorized | 8 | | by the law enforcement agency; | 9 | | (h-10) Recordings made simultaneously with a video camera | 10 | | recording during
the use of a taser or similar weapon or device | 11 | | by a peace officer if the weapon or device is equipped with | 12 | | such camera; | 13 | | (h-15) Recordings made under subsection (h), (h-5), or | 14 | | (h-10) shall be retained by the law enforcement agency that | 15 | | employs the peace officer who made the recordings for a storage | 16 | | period of 90 days, unless the recordings are made as a part of | 17 | | an arrest or the recordings are deemed evidence in any | 18 | | criminal, civil, or administrative proceeding and then the | 19 | | recordings must only be destroyed upon a final disposition and | 20 | | an order from the court. Under no circumstances shall any | 21 | | recording be altered or erased prior to the expiration of the | 22 | | designated storage period. Upon completion of the storage | 23 | | period, the recording medium may be erased and reissued for | 24 | | operational use; | 25 | | (i) Recording of a conversation made by or at the request | 26 | | of a person, not a
law enforcement officer or agent of a law |
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| 1 | | enforcement officer, who is a party
to the conversation, under | 2 | | reasonable suspicion that another party to the
conversation is | 3 | | committing, is about to commit, or has committed a criminal
| 4 | | offense against the person or a member of his or her immediate | 5 | | household, and
there is reason to believe that evidence of the | 6 | | criminal offense may be
obtained by the recording; | 7 | | (j) The use of a telephone monitoring device by either (1) | 8 | | a
corporation or other business entity engaged in marketing or | 9 | | opinion research
or (2) a corporation or other business entity | 10 | | engaged in telephone
solicitation, as
defined in this | 11 | | subsection, to record or listen to oral telephone solicitation
| 12 | | conversations or marketing or opinion research conversations | 13 | | by an employee of
the corporation or other business entity | 14 | | when: | 15 | | (i) the monitoring is used for the purpose of service | 16 | | quality control of
marketing or opinion research or | 17 | | telephone solicitation, the education or
training of | 18 | | employees or contractors
engaged in marketing or opinion | 19 | | research or telephone solicitation, or internal
research | 20 | | related to marketing or
opinion research or telephone
| 21 | | solicitation; and | 22 | | (ii) the monitoring is used with the consent of at | 23 | | least one person who
is an active party to the marketing or | 24 | | opinion research conversation or
telephone solicitation | 25 | | conversation being
monitored. | 26 | | No communication or conversation or any part, portion, or |
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| 1 | | aspect of the
communication or conversation made, acquired, or | 2 | | obtained, directly or
indirectly,
under this exemption (j), may | 3 | | be, directly or indirectly, furnished to any law
enforcement | 4 | | officer, agency, or official for any purpose or used in any | 5 | | inquiry
or investigation, or used, directly or indirectly, in | 6 | | any administrative,
judicial, or other proceeding, or divulged | 7 | | to any third party. | 8 | | When recording or listening authorized by this subsection | 9 | | (j) on telephone
lines used for marketing or opinion research | 10 | | or telephone solicitation purposes
results in recording or
| 11 | | listening to a conversation that does not relate to marketing | 12 | | or opinion
research or telephone solicitation; the
person | 13 | | recording or listening shall, immediately upon determining | 14 | | that the
conversation does not relate to marketing or opinion | 15 | | research or telephone
solicitation, terminate the recording
or | 16 | | listening and destroy any such recording as soon as is | 17 | | practicable. | 18 | | Business entities that use a telephone monitoring or | 19 | | telephone recording
system pursuant to this exemption (j) shall | 20 | | provide current and prospective
employees with notice that the | 21 | | monitoring or recordings may occur during the
course of their | 22 | | employment. The notice shall include prominent signage
| 23 | | notification within the workplace. | 24 | | Business entities that use a telephone monitoring or | 25 | | telephone recording
system pursuant to this exemption (j) shall | 26 | | provide their employees or agents
with access to personal-only |
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| 1 | | telephone lines which may be pay telephones, that
are not | 2 | | subject to telephone monitoring or telephone recording. | 3 | | For the purposes of this subsection (j), "telephone | 4 | | solicitation" means a
communication through the use of a | 5 | | telephone by live operators: | 6 | | (i) soliciting the sale of goods or services; | 7 | | (ii) receiving orders for the sale of goods or | 8 | | services; | 9 | | (iii) assisting in the use of goods or services; or | 10 | | (iv) engaging in the solicitation, administration, or | 11 | | collection of bank
or
retail credit accounts. | 12 | | For the purposes of this subsection (j), "marketing or | 13 | | opinion research"
means
a marketing or opinion research | 14 | | interview conducted by a live telephone
interviewer engaged by | 15 | | a corporation or other business entity whose principal
business | 16 | | is the design, conduct, and analysis of polls and surveys | 17 | | measuring
the
opinions, attitudes, and responses of | 18 | | respondents toward products and services,
or social or | 19 | | political issues, or both; | 20 | | (k) Electronic recordings, including but not limited to, a | 21 | | motion picture,
videotape, digital, or other visual or audio | 22 | | recording, made of a custodial
interrogation of an individual | 23 | | at a police station or other place of detention
by a law | 24 | | enforcement officer under Section 5-401.5 of the Juvenile Court | 25 | | Act of
1987 or Section 103-2.1 of the Code of Criminal | 26 | | Procedure of 1963; |
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| 1 | | (l) Recording the interview or statement of any person when | 2 | | the person
knows that the interview is being conducted by a law | 3 | | enforcement officer or
prosecutor and the interview takes place | 4 | | at a police station that is currently
participating in the | 5 | | Custodial Interview Pilot Program established under the
| 6 | | Illinois Criminal Justice Information Act; | 7 | | (m) An electronic recording, including but not limited to, | 8 | | a motion picture,
videotape, digital, or other visual or audio | 9 | | recording, made of the interior of a school bus while the | 10 | | school bus is being used in the transportation of students to | 11 | | and from school and school-sponsored activities, when the | 12 | | school board has adopted a policy authorizing such recording, | 13 | | notice of such recording policy is included in student | 14 | | handbooks and other documents including the policies of the | 15 | | school, notice of the policy regarding recording is provided to | 16 | | parents of students, and notice of such recording is clearly | 17 | | posted on the door of and inside the school bus.
| 18 | | Recordings made pursuant to this subsection (m) shall be | 19 | | confidential records and may only be used by school officials | 20 | | (or their designees) and law enforcement personnel for | 21 | | investigations, school disciplinary actions and hearings, | 22 | | proceedings under the Juvenile Court Act of 1987, and criminal | 23 | | prosecutions, related to incidents occurring in or around the | 24 | | school bus; | 25 | | (n)
Recording or listening to an audio transmission from a | 26 | | microphone placed by a person under the authority of a law |
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| 1 | | enforcement agency inside a bait car surveillance vehicle while | 2 | | simultaneously capturing a photographic or video image; | 3 | | (o) The use of an eavesdropping camera or audio device | 4 | | during an ongoing hostage or barricade situation by a law | 5 | | enforcement officer or individual acting on behalf of a law | 6 | | enforcement officer when the use of such device is necessary to | 7 | | protect the safety of the general public, hostages, or law | 8 | | enforcement officers or anyone acting on their behalf; | 9 | | (p) Recording or listening with the aid of any device to | 10 | | incoming telephone calls of phone lines publicly listed or | 11 | | advertised as the "CPS Violence Prevention Hotline", but only | 12 | | where the notice of recording is given at the beginning of each | 13 | | call as required by Section 34-21.8 of the School Code. The | 14 | | recordings may be retained only by the Chicago Police | 15 | | Department or other law enforcement authorities, and shall not | 16 | | be otherwise retained or disseminated; | 17 | | (q)(1) With prior request to and written or verbal approval | 18 | | of the State's Attorney of the county in which the conversation | 19 | | is anticipated to occur, recording or listening with the aid of | 20 | | an eavesdropping device to a conversation in which a law | 21 | | enforcement officer, or any person acting at the direction of a | 22 | | law enforcement officer, is a party to the conversation and has | 23 | | consented to the conversation being intercepted or recorded in | 24 | | the course of an investigation of a qualified offense. The | 25 | | State's Attorney may grant this approval only after determining | 26 | | that reasonable cause exists to believe that inculpatory |
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| 1 | | conversations concerning a qualified offense will occur with a | 2 | | specified individual or individuals within a designated period | 3 | | of time. | 4 | | (2) Request for approval. To invoke the exception contained | 5 | | in this subsection (q), a law enforcement officer shall make a | 6 | | request for approval to the appropriate State's Attorney. The | 7 | | request may be written or verbal; however, a written | 8 | | memorialization of the request must be made by the State's | 9 | | Attorney. This request for approval shall include whatever | 10 | | information is deemed necessary by the State's Attorney but | 11 | | shall include, at a minimum, the following information about | 12 | | each specified individual whom the law enforcement officer | 13 | | believes will commit a qualified offense: | 14 | | (A) his or her full or partial name, nickname or alias; | 15 | | (B) a physical description; or | 16 | | (C) failing either (A) or (B) of this paragraph (2), | 17 | | any other supporting information known to the law | 18 | | enforcement officer at the time of the request that gives | 19 | | rise to reasonable cause to believe that the specified | 20 | | individual will participate in an inculpatory conversation | 21 | | concerning a qualified offense. | 22 | | (3) Limitations on approval. Each written approval by the | 23 | | State's Attorney under this subsection (q) shall be limited to: | 24 | | (A) a recording or interception conducted by a | 25 | | specified law enforcement officer or person acting at the | 26 | | direction of a law enforcement officer; |
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| 1 | | (B) recording or intercepting conversations with the | 2 | | individuals specified in the request for approval, | 3 | | provided that the verbal approval shall be deemed to | 4 | | include the recording or intercepting of conversations | 5 | | with other individuals, unknown to the law enforcement | 6 | | officer at the time of the request for approval, who are | 7 | | acting in conjunction with or as co-conspirators with the | 8 | | individuals specified in the request for approval in the | 9 | | commission of a qualified offense; | 10 | | (C) a reasonable period of time but in no event longer | 11 | | than 24 consecutive hours; | 12 | | (D) the written request for approval, if applicable, or | 13 | | the written memorialization must be filed, along with the | 14 | | written approval, with the circuit clerk of the | 15 | | jurisdiction on the next business day following the | 16 | | expiration of the authorized period of time, and shall be | 17 | | subject to review by the Chief Judge or his or her designee | 18 | | as deemed appropriate by the court. | 19 | | (3.5) The written memorialization of the request for | 20 | | approval and the written approval by the State's Attorney may | 21 | | be in any format, including via facsimile, email, or otherwise, | 22 | | so long as it is capable of being filed with the circuit clerk. | 23 | | (3.10) Beginning March 1, 2015, each State's Attorney shall | 24 | | annually submit a report to the General Assembly disclosing: | 25 | | (A) the number of requests for each qualified offense | 26 | | for approval under this subsection; and |
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| 1 | | (B) the number of approvals for each qualified offense | 2 | | given by the State's Attorney. | 3 | | (4) Admissibility of evidence. No part of the contents of | 4 | | any wire, electronic, or oral communication that has been | 5 | | recorded or intercepted as a result of this exception may be | 6 | | received in evidence in any trial, hearing, or other proceeding | 7 | | in or before any court, grand jury, department, officer, | 8 | | agency, regulatory body, legislative committee, or other | 9 | | authority of this State, or a political subdivision of the | 10 | | State, other than in a prosecution of: | 11 | | (A) the qualified offense for which approval was given | 12 | | to record or intercept a conversation under this subsection | 13 | | (q); | 14 | | (B) a forcible felony committed directly in the course | 15 | | of the investigation of the qualified offense for which | 16 | | approval was given to record or intercept a conversation | 17 | | under this subsection (q); or | 18 | | (C) any other forcible felony committed while the | 19 | | recording or interception was approved in accordance with | 20 | | this subsection (q), but for this specific category of | 21 | | prosecutions, only if the law enforcement officer or person | 22 | | acting at the direction of a law enforcement officer who | 23 | | has consented to the conversation being intercepted or | 24 | | recorded suffers great bodily injury or is killed during | 25 | | the commission of the charged forcible felony. | 26 | | (5) Compliance with the provisions of this subsection is a |
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| 1 | | prerequisite to the admissibility in evidence of any part of | 2 | | the contents of any wire, electronic or oral communication that | 3 | | has been intercepted as a result of this exception, but nothing | 4 | | in this subsection shall be deemed to prevent a court from | 5 | | otherwise excluding the evidence on any other ground recognized | 6 | | by State or federal law, nor shall anything in this subsection | 7 | | be deemed to prevent a court from independently reviewing the | 8 | | admissibility of the evidence for compliance with the Fourth | 9 | | Amendment to the U.S. Constitution or with Article I, Section 6 | 10 | | of the Illinois Constitution. | 11 | | (6) Use of recordings or intercepts unrelated to qualified | 12 | | offenses. Whenever any private conversation or private | 13 | | electronic communication has been recorded or intercepted as a | 14 | | result of this exception that is not related to an offense for | 15 | | which the recording or intercept is admissible under paragraph | 16 | | (4) of this subsection (q), no part of the contents of the | 17 | | communication and evidence derived from the communication may | 18 | | be received in evidence in any trial, hearing, or other | 19 | | proceeding in or before any court, grand jury, department, | 20 | | officer, agency, regulatory body, legislative committee, or | 21 | | other authority of this State, or a political subdivision of | 22 | | the State, nor may it be publicly disclosed in any way. | 23 | | (6.5) The Department of State Police shall adopt rules as | 24 | | are necessary concerning the use of devices, retention of | 25 | | recordings, and reports regarding their use under this | 26 | | subsection (q). |
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| 1 | | (7) Definitions. For the purposes of this subsection (q) | 2 | | only: | 3 | | "Forcible felony" includes and is limited to those | 4 | | offenses contained in Section 2-8 of the Criminal Code of | 5 | | 1961 as of the effective date of this amendatory Act of the | 6 | | 97th General Assembly, and only as those offenses have been | 7 | | defined by law or judicial interpretation as of that date. | 8 | | "Qualified offense" means and is limited to: | 9 | | (A) a felony violation of the Cannabis Control Act, | 10 | | the Illinois Controlled Substances Act, or the | 11 | | Methamphetamine Control and Community Protection Act, | 12 | | except for violations of: | 13 | | (i) Section 4 of the Cannabis Control Act; | 14 | | (ii) Section 402 of the Illinois Controlled | 15 | | Substances Act; and | 16 | | (iii) Section 60 of the Methamphetamine | 17 | | Control and Community Protection Act; and | 18 | | (B) first degree murder, solicitation of murder | 19 | | for hire, predatory criminal sexual assault of a child, | 20 | | criminal sexual assault, aggravated criminal sexual | 21 | | assault, aggravated arson, kidnapping, aggravated | 22 | | kidnapping, child abduction, trafficking in persons, | 23 | | involuntary servitude, involuntary sexual servitude of | 24 | | a minor, or gunrunning. | 25 | | "State's Attorney" includes and is limited to the | 26 | | State's Attorney or an assistant State's Attorney |
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| 1 | | designated by the State's Attorney to provide verbal | 2 | | approval to record or intercept conversations under this | 3 | | subsection (q). | 4 | | (8) Sunset. This subsection (q) is inoperative on and after | 5 | | January 1, 2023 2020 . No conversations intercepted pursuant to | 6 | | this subsection (q), while operative, shall be inadmissible in | 7 | | a court of law by virtue of the inoperability of this | 8 | | subsection (q) on January 1, 2023 2020 . | 9 | | (9) Recordings, records, and custody. Any private | 10 | | conversation or private electronic communication intercepted | 11 | | by a law enforcement officer or a person acting at the | 12 | | direction of law enforcement shall, if practicable, be recorded | 13 | | in such a way as will protect the recording from editing or | 14 | | other alteration. Any and all original recordings made under | 15 | | this subsection (q) shall be inventoried without unnecessary | 16 | | delay pursuant to the law enforcement agency's policies for | 17 | | inventorying evidence. The original recordings shall not be | 18 | | destroyed except upon an order of a court of competent | 19 | | jurisdiction; and | 20 | | (r) Electronic recordings, including but not limited to, | 21 | | motion picture, videotape, digital, or other visual or audio | 22 | | recording, made of a lineup under Section 107A-2 of the Code of | 23 | | Criminal Procedure of 1963. | 24 | | (Source: P.A. 100-572, eff. 12-29-17.)
| 25 | | (720 ILCS 5/24-2)
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| 1 | | Sec. 24-2. Exemptions.
| 2 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | 3 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 4 | | the following:
| 5 | | (1) Peace officers, and any person summoned by a peace | 6 | | officer to
assist in making arrests or preserving the | 7 | | peace, while actually engaged in
assisting such officer.
| 8 | | (2) Wardens, superintendents and keepers of prisons,
| 9 | | penitentiaries, jails and other institutions for the | 10 | | detention of persons
accused or convicted of an offense, | 11 | | while in the performance of their
official duty, or while | 12 | | commuting between their homes and places of employment.
| 13 | | (3) Members of the Armed Services or Reserve Forces of | 14 | | the United States
or the Illinois National Guard or the | 15 | | Reserve Officers Training Corps,
while in the performance | 16 | | of their official duty.
| 17 | | (4) Special agents employed by a railroad or a public | 18 | | utility to
perform police functions, and guards of armored | 19 | | car companies, while
actually engaged in the performance of | 20 | | the duties of their employment or
commuting between their | 21 | | homes and places of employment; and watchmen
while actually | 22 | | engaged in the performance of the duties of their | 23 | | employment.
| 24 | | (5) Persons licensed as private security contractors, | 25 | | private
detectives, or private alarm contractors, or | 26 | | employed by a private security contractor, private |
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| 1 | | detective, or private alarm contractor agency licensed
by | 2 | | the Department of Financial and Professional Regulation, | 3 | | if their duties
include the carrying of a weapon under the | 4 | | provisions of the Private
Detective, Private Alarm,
| 5 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 6 | | 2004,
while actually
engaged in the performance of the | 7 | | duties of their employment or commuting
between their homes | 8 | | and places of employment. A person shall be considered | 9 | | eligible for this
exemption if he or she has completed the | 10 | | required 20
hours of training for a private security | 11 | | contractor, private
detective, or private alarm | 12 | | contractor, or employee of a licensed private security | 13 | | contractor, private detective, or private alarm contractor | 14 | | agency and 20 hours of required firearm
training, and has | 15 | | been issued a firearm control card by
the Department of | 16 | | Financial and Professional Regulation. Conditions for the | 17 | | renewal of
firearm control cards issued under the | 18 | | provisions of this Section
shall be the same as for those | 19 | | cards issued under the provisions of the
Private Detective, | 20 | | Private Alarm,
Private Security, Fingerprint Vendor, and | 21 | | Locksmith Act of 2004. The
firearm control card shall be | 22 | | carried by the private security contractor, private
| 23 | | detective, or private alarm contractor, or employee of the | 24 | | licensed private security contractor, private detective, | 25 | | or private alarm contractor agency at all
times when he or | 26 | | she is in possession of a concealable weapon permitted by |
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| 1 | | his or her firearm control card.
| 2 | | (6) Any person regularly employed in a commercial or | 3 | | industrial
operation as a security guard for the protection | 4 | | of persons employed
and private property related to such | 5 | | commercial or industrial
operation, while actually engaged | 6 | | in the performance of his or her
duty or traveling between | 7 | | sites or properties belonging to the
employer, and who, as | 8 | | a security guard, is a member of a security force | 9 | | registered with the Department of Financial and | 10 | | Professional
Regulation; provided that such security guard | 11 | | has successfully completed a
course of study, approved by | 12 | | and supervised by the Department of
Financial and | 13 | | Professional Regulation, consisting of not less than 40 | 14 | | hours of training
that includes the theory of law | 15 | | enforcement, liability for acts, and the
handling of | 16 | | weapons. A person shall be considered eligible for this
| 17 | | exemption if he or she has completed the required 20
hours | 18 | | of training for a security officer and 20 hours of required | 19 | | firearm
training, and has been issued a firearm control | 20 | | card by
the Department of Financial and Professional | 21 | | Regulation. Conditions for the renewal of
firearm control | 22 | | cards issued under the provisions of this Section
shall be | 23 | | the same as for those cards issued under the provisions of | 24 | | the
Private Detective, Private Alarm,
Private Security, | 25 | | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | 26 | | control card shall be carried by the security guard at all
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| 1 | | times when he or she is in possession of a concealable | 2 | | weapon permitted by his or her firearm control card.
| 3 | | (7) Agents and investigators of the Illinois | 4 | | Legislative Investigating
Commission authorized by the | 5 | | Commission to carry the weapons specified in
subsections | 6 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 7 | | any investigation for the Commission.
| 8 | | (8) Persons employed by a financial institution as a | 9 | | security guard for the protection of
other employees and | 10 | | property related to such financial institution, while
| 11 | | actually engaged in the performance of their duties, | 12 | | commuting between
their homes and places of employment, or | 13 | | traveling between sites or
properties owned or operated by | 14 | | such financial institution, and who, as a security guard, | 15 | | is a member of a security force registered with the | 16 | | Department; provided that
any person so employed has | 17 | | successfully completed a course of study,
approved by and | 18 | | supervised by the Department of Financial and Professional | 19 | | Regulation,
consisting of not less than 40 hours of | 20 | | training which includes theory of
law enforcement, | 21 | | liability for acts, and the handling of weapons.
A person | 22 | | shall be considered to be eligible for this exemption if he | 23 | | or
she has completed the required 20 hours of training for | 24 | | a security officer
and 20 hours of required firearm | 25 | | training, and has been issued a
firearm control card by the | 26 | | Department of Financial and Professional Regulation.
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| 1 | | Conditions for renewal of firearm control cards issued | 2 | | under the
provisions of this Section shall be the same as | 3 | | for those issued under the
provisions of the Private | 4 | | Detective, Private Alarm,
Private Security, Fingerprint | 5 | | Vendor, and Locksmith Act of 2004. The
firearm control card | 6 | | shall be carried by the security guard at all times when he | 7 | | or she is in possession of a concealable
weapon permitted | 8 | | by his or her firearm control card. For purposes of this | 9 | | subsection, "financial institution" means a
bank, savings | 10 | | and loan association, credit union or company providing
| 11 | | armored car services.
| 12 | | (9) Any person employed by an armored car company to | 13 | | drive an armored
car, while actually engaged in the | 14 | | performance of his duties.
| 15 | | (10) Persons who have been classified as peace officers | 16 | | pursuant
to the Peace Officer Fire Investigation Act.
| 17 | | (11) Investigators of the Office of the State's | 18 | | Attorneys Appellate
Prosecutor authorized by the board of | 19 | | governors of the Office of the
State's Attorneys Appellate | 20 | | Prosecutor to carry weapons pursuant to
Section 7.06 of the | 21 | | State's Attorneys Appellate Prosecutor's Act.
| 22 | | (12) Special investigators appointed by a State's | 23 | | Attorney under
Section 3-9005 of the Counties Code.
| 24 | | (12.5) Probation officers while in the performance of | 25 | | their duties, or
while commuting between their homes, | 26 | | places of employment or specific locations
that are part of |
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| 1 | | their assigned duties, with the consent of the chief judge | 2 | | of
the circuit for which they are employed, if they have | 3 | | received weapons training according
to requirements of the | 4 | | Peace Officer and Probation Officer Firearm Training Act.
| 5 | | (13) Court Security Officers while in the performance | 6 | | of their official
duties, or while commuting between their | 7 | | homes and places of employment, with
the
consent of the | 8 | | Sheriff.
| 9 | | (13.5) A person employed as an armed security guard at | 10 | | a nuclear energy,
storage, weapons or development site or | 11 | | facility regulated by the Nuclear
Regulatory Commission | 12 | | who has completed the background screening and training
| 13 | | mandated by the rules and regulations of the Nuclear | 14 | | Regulatory Commission.
| 15 | | (14) Manufacture, transportation, or sale of weapons | 16 | | to
persons
authorized under subdivisions (1) through | 17 | | (13.5) of this
subsection
to
possess those weapons.
| 18 | | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 19 | | to
or affect any person carrying a concealed pistol, revolver, | 20 | | or handgun and the person has been issued a currently valid | 21 | | license under the Firearm Concealed Carry Act at the time of | 22 | | the commission of the offense. | 23 | | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 24 | | to
or affect a qualified current or retired law enforcement | 25 | | officer qualified under the laws of this State or under the | 26 | | federal Law Enforcement Officers Safety Act. |
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| 1 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 2 | | 24-1.6 do not
apply to or affect
any of the following:
| 3 | | (1) Members of any club or organization organized for | 4 | | the purpose of
practicing shooting at targets upon | 5 | | established target ranges, whether
public or private, and | 6 | | patrons of such ranges, while such members
or patrons are | 7 | | using their firearms on those target ranges.
| 8 | | (2) Duly authorized military or civil organizations | 9 | | while parading,
with the special permission of the | 10 | | Governor.
| 11 | | (3) Hunters, trappers or fishermen with a license or
| 12 | | permit while engaged in hunting,
trapping or fishing.
| 13 | | (4) Transportation of weapons that are broken down in a
| 14 | | non-functioning state or are not immediately accessible.
| 15 | | (5) Carrying or possessing any pistol, revolver, stun | 16 | | gun or taser or other firearm on the land or in the legal | 17 | | dwelling of another person as an invitee with that person's | 18 | | permission. | 19 | | (c) Subsection 24-1(a)(7) does not apply to or affect any | 20 | | of the
following:
| 21 | | (1) Peace officers while in performance of their | 22 | | official duties.
| 23 | | (2) Wardens, superintendents and keepers of prisons, | 24 | | penitentiaries,
jails and other institutions for the | 25 | | detention of persons accused or
convicted of an offense.
| 26 | | (3) Members of the Armed Services or Reserve Forces of |
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| 1 | | the United States
or the Illinois National Guard, while in | 2 | | the performance of their official
duty.
| 3 | | (4) Manufacture, transportation, or sale of machine | 4 | | guns to persons
authorized under subdivisions (1) through | 5 | | (3) of this subsection to
possess machine guns, if the | 6 | | machine guns are broken down in a
non-functioning state or | 7 | | are not immediately accessible.
| 8 | | (5) Persons licensed under federal law to manufacture | 9 | | any weapon from
which 8 or more shots or bullets can be | 10 | | discharged by a
single function of the firing device, or | 11 | | ammunition for such weapons, and
actually engaged in the | 12 | | business of manufacturing such weapons or
ammunition, but | 13 | | only with respect to activities which are within the lawful
| 14 | | scope of such business, such as the manufacture, | 15 | | transportation, or testing
of such weapons or ammunition. | 16 | | This exemption does not authorize the
general private | 17 | | possession of any weapon from which 8 or more
shots or | 18 | | bullets can be discharged by a single function of the | 19 | | firing
device, but only such possession and activities as | 20 | | are within the lawful
scope of a licensed manufacturing | 21 | | business described in this paragraph.
| 22 | | During transportation, such weapons shall be broken | 23 | | down in a
non-functioning state or not immediately | 24 | | accessible.
| 25 | | (6) The manufacture, transport, testing, delivery, | 26 | | transfer or sale,
and all lawful commercial or experimental |
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| 1 | | activities necessary thereto, of
rifles, shotguns, and | 2 | | weapons made from rifles or shotguns,
or ammunition for | 3 | | such rifles, shotguns or weapons, where engaged in
by a | 4 | | person operating as a contractor or subcontractor pursuant | 5 | | to a
contract or subcontract for the development and supply | 6 | | of such rifles,
shotguns, weapons or ammunition to the | 7 | | United States government or any
branch of the Armed Forces | 8 | | of the United States, when such activities are
necessary | 9 | | and incident to fulfilling the terms of such contract.
| 10 | | The exemption granted under this subdivision (c)(6)
| 11 | | shall also apply to any authorized agent of any such | 12 | | contractor or
subcontractor who is operating within the | 13 | | scope of his employment, where
such activities involving | 14 | | such weapon, weapons or ammunition are necessary
and | 15 | | incident to fulfilling the terms of such contract.
| 16 | | (7) A person possessing a rifle with a barrel or | 17 | | barrels less than 16 inches in length if: (A) the person | 18 | | has been issued a Curios and Relics license from the U.S. | 19 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | 20 | | the person is an active member of a bona fide, nationally | 21 | | recognized military re-enacting group and the modification | 22 | | is required and necessary to accurately portray the weapon | 23 | | for historical re-enactment purposes; the re-enactor is in | 24 | | possession of a valid and current re-enacting group | 25 | | membership credential; and the overall length of the weapon | 26 | | as modified is not less than 26 inches. |
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| 1 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, | 2 | | possession
or carrying of a black-jack or slung-shot by a peace | 3 | | officer.
| 4 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 5 | | manager or
authorized employee of any place specified in that | 6 | | subsection nor to any
law enforcement officer.
| 7 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 8 | | Section 24-1.6
do not apply
to members of any club or | 9 | | organization organized for the purpose of practicing
shooting | 10 | | at targets upon established target ranges, whether public or | 11 | | private,
while using their firearms on those target ranges.
| 12 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 13 | | to:
| 14 | | (1) Members of the Armed Services or Reserve Forces of | 15 | | the United
States or the Illinois National Guard, while in | 16 | | the performance of their
official duty.
| 17 | | (2) Bonafide collectors of antique or surplus military | 18 | | ordnance.
| 19 | | (3) Laboratories having a department of forensic | 20 | | ballistics, or
specializing in the development of | 21 | | ammunition or explosive ordnance.
| 22 | | (4) Commerce, preparation, assembly or possession of | 23 | | explosive
bullets by manufacturers of ammunition licensed | 24 | | by the federal government,
in connection with the supply of | 25 | | those organizations and persons exempted
by subdivision | 26 | | (g)(1) of this Section, or like organizations and persons
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| 1 | | outside this State, or the transportation of explosive | 2 | | bullets to any
organization or person exempted in this | 3 | | Section by a common carrier or by a
vehicle owned or leased | 4 | | by an exempted manufacturer.
| 5 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect | 6 | | persons licensed
under federal law to manufacture any device or | 7 | | attachment of any kind designed,
used, or intended for use in | 8 | | silencing the report of any firearm, firearms, or
ammunition
| 9 | | for those firearms equipped with those devices, and actually | 10 | | engaged in the
business of manufacturing those devices, | 11 | | firearms, or ammunition, but only with
respect to
activities | 12 | | that are within the lawful scope of that business, such as the
| 13 | | manufacture, transportation, or testing of those devices, | 14 | | firearms, or
ammunition. This
exemption does not authorize the | 15 | | general private possession of any device or
attachment of any | 16 | | kind designed, used, or intended for use in silencing the
| 17 | | report of any firearm, but only such possession and activities | 18 | | as are within
the
lawful scope of a licensed manufacturing | 19 | | business described in this subsection
(g-5). During | 20 | | transportation, these devices shall be detached from any weapon
| 21 | | or
not immediately accessible.
| 22 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| 23 | | 24-1.6 do not apply to
or affect any parole agent or parole | 24 | | supervisor who meets the qualifications and conditions | 25 | | prescribed in Section 3-14-1.5 of the Unified Code of | 26 | | Corrections. |
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| 1 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace | 2 | | officer while serving as a member of a tactical response team | 3 | | or special operations team. A peace officer may not personally | 4 | | own or apply for ownership of a device or attachment of any | 5 | | kind designed, used, or intended for use in silencing the | 6 | | report of any firearm. These devices shall be owned and | 7 | | maintained by lawfully recognized units of government whose | 8 | | duties include the investigation of criminal acts. | 9 | | (g-10) 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. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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