Full Text of HB2882 102nd General Assembly
HB2882 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB2882 Introduced 2/19/2021, by Rep. Adam Niemerg SYNOPSIS AS INTRODUCED: |
| 5 ILCS 120/2 | from Ch. 102, par. 42 | 5 ILCS 140/7.5 | | 15 ILCS 305/13.5 rep. | | 20 ILCS 2605/2605-300 | was 20 ILCS 2605/55a in part | 20 ILCS 2605/2605-595 | | 30 ILCS 105/6z-99 | | 235 ILCS 5/10-1 | from Ch. 43, par. 183 | 430 ILCS 65/2 | from Ch. 38, par. 83-2 | 430 ILCS 65/3 | from Ch. 38, par. 83-3 | 430 ILCS 65/13.1 | from Ch. 38, par. 83-13.1 | 430 ILCS 66/Act rep. | | 720 ILCS 5/24-1 | from Ch. 38, par. 24-1 | 720 ILCS 5/24-1.6 | | 720 ILCS 5/24-2 | | 720 ILCS 5/24-3 | from Ch. 38, par. 24-3 | 730 ILCS 5/5-6-1 | from Ch. 38, par. 1005-6-1 |
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Repeals the Firearm Concealed Carry Act. Amends the Criminal Code of 2012. Provides that the unlawful use of weapons and aggravated unlawful use of a weapon statutes do not apply to
or affect any person carrying a concealed pistol, revolver, or handgun and the person has been issued a currently valid Firearm Owner's Identification Card under the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes.
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| | A BILL FOR |
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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 Open Meetings Act is amended by changing | 5 | | Section 2 as follows:
| 6 | | (5 ILCS 120/2) (from Ch. 102, par. 42)
| 7 | | Sec. 2. Open meetings.
| 8 | | (a) Openness required. All meetings of public
bodies shall | 9 | | be open to the public unless excepted in subsection (c)
and | 10 | | closed in accordance with Section 2a.
| 11 | | (b) Construction of exceptions. The exceptions contained | 12 | | in subsection
(c) are in derogation of the requirement that | 13 | | public bodies
meet in the open, and therefore, the exceptions | 14 | | are to be strictly
construed, extending only to subjects | 15 | | clearly within their scope.
The exceptions authorize but do | 16 | | not require the holding of
a closed meeting to discuss a | 17 | | subject included within an enumerated exception.
| 18 | | (c) Exceptions. A public body may hold closed meetings to | 19 | | consider the
following subjects:
| 20 | | (1) The appointment, employment, compensation, | 21 | | discipline, performance,
or dismissal of specific | 22 | | employees, specific individuals who serve as independent | 23 | | contractors in a park, recreational, or educational |
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| 1 | | setting, or specific volunteers of the public body or | 2 | | legal counsel for
the public body, including hearing
| 3 | | testimony on a complaint lodged against an employee, a | 4 | | specific individual who serves as an independent | 5 | | contractor in a park, recreational, or educational | 6 | | setting, or a volunteer of the public body or
against | 7 | | legal counsel for the public body to determine its | 8 | | validity. However, a meeting to consider an increase in | 9 | | compensation to a specific employee of a public body that | 10 | | is subject to the Local Government Wage Increase | 11 | | Transparency Act may not be closed and shall be open to the | 12 | | public and posted and held in accordance with this Act.
| 13 | | (2) Collective negotiating matters between the public | 14 | | body and its
employees or their representatives, or | 15 | | deliberations concerning salary
schedules for one or more | 16 | | classes of employees.
| 17 | | (3) The selection of a person to fill a public office,
| 18 | | as defined in this Act, including a vacancy in a public | 19 | | office, when the public
body is given power to appoint | 20 | | under law or ordinance, or the discipline,
performance or | 21 | | removal of the occupant of a public office, when the | 22 | | public body
is given power to remove the occupant under | 23 | | law or ordinance.
| 24 | | (4) Evidence or testimony presented in open hearing, | 25 | | or in closed
hearing where specifically authorized by law, | 26 | | to
a quasi-adjudicative body, as defined in this Act, |
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| 1 | | provided that the body
prepares and makes available for | 2 | | public inspection a written decision
setting forth its | 3 | | determinative reasoning.
| 4 | | (5) The purchase or lease of real property for the use | 5 | | of
the public body, including meetings held for the | 6 | | purpose of discussing
whether a particular parcel should | 7 | | be acquired.
| 8 | | (6) The setting of a price for sale or lease of | 9 | | property owned
by the public body.
| 10 | | (7) The sale or purchase of securities, investments, | 11 | | or investment
contracts. This exception shall not apply to | 12 | | the investment of assets or income of funds deposited into | 13 | | the Illinois Prepaid Tuition Trust Fund.
| 14 | | (8) Security procedures, school building safety and | 15 | | security, and the use of personnel and
equipment to | 16 | | respond to an actual, a threatened, or a reasonably
| 17 | | potential danger to the safety of employees, students, | 18 | | staff, the public, or
public
property.
| 19 | | (9) Student disciplinary cases.
| 20 | | (10) The placement of individual students in special | 21 | | education
programs and other matters relating to | 22 | | individual students.
| 23 | | (11) Litigation, when an action against, affecting or | 24 | | on behalf of the
particular public body has been filed and | 25 | | is pending before a court or
administrative tribunal, or | 26 | | when the public body finds that an action is
probable or |
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| 1 | | imminent, in which case the basis for the finding shall be
| 2 | | recorded and entered into the minutes of the closed | 3 | | meeting.
| 4 | | (12) The establishment of reserves or settlement of | 5 | | claims as provided
in the Local Governmental and | 6 | | Governmental Employees Tort Immunity Act, if
otherwise the | 7 | | disposition of a claim or potential claim might be
| 8 | | prejudiced, or the review or discussion of claims, loss or | 9 | | risk management
information, records, data, advice or | 10 | | communications from or with respect
to any insurer of the | 11 | | public body or any intergovernmental risk management
| 12 | | association or self insurance pool of which the public | 13 | | body is a member.
| 14 | | (13) Conciliation of complaints of discrimination in | 15 | | the sale or rental
of housing, when closed meetings are | 16 | | authorized by the law or ordinance
prescribing fair | 17 | | housing practices and creating a commission or
| 18 | | administrative agency for their enforcement.
| 19 | | (14) Informant sources, the hiring or assignment of | 20 | | undercover personnel
or equipment, or ongoing, prior or | 21 | | future criminal investigations, when
discussed by a public | 22 | | body with criminal investigatory responsibilities.
| 23 | | (15) Professional ethics or performance when | 24 | | considered by an advisory
body appointed to advise a | 25 | | licensing or regulatory agency on matters
germane to the | 26 | | advisory body's field of competence.
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| 1 | | (16) Self evaluation, practices and procedures or | 2 | | professional ethics,
when meeting with a representative of | 3 | | a statewide association of which the
public body is a | 4 | | member.
| 5 | | (17) The recruitment, credentialing, discipline or | 6 | | formal peer review
of physicians or other
health care | 7 | | professionals, or for the discussion of matters protected | 8 | | under the federal Patient Safety and Quality Improvement | 9 | | Act of 2005, and the regulations promulgated thereunder, | 10 | | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | 11 | | Health Insurance Portability and Accountability Act of | 12 | | 1996, and the regulations promulgated thereunder, | 13 | | including 45 C.F.R. Parts 160, 162, and 164, by a | 14 | | hospital, or
other institution providing medical care, | 15 | | that is operated by the public body.
| 16 | | (18) Deliberations for decisions of the Prisoner | 17 | | Review Board.
| 18 | | (19) Review or discussion of applications received | 19 | | under the
Experimental Organ Transplantation Procedures | 20 | | Act.
| 21 | | (20) The classification and discussion of matters | 22 | | classified as
confidential or continued confidential by | 23 | | the State Government Suggestion Award
Board.
| 24 | | (21) Discussion of minutes of meetings lawfully closed | 25 | | under this Act,
whether for purposes of approval by the | 26 | | body of the minutes or semi-annual
review of the minutes |
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| 1 | | as mandated by Section 2.06.
| 2 | | (22) Deliberations for decisions of the State
| 3 | | Emergency Medical Services Disciplinary
Review Board.
| 4 | | (23) The operation by a municipality of a municipal | 5 | | utility or the
operation of a
municipal power agency or | 6 | | municipal natural gas agency when the
discussion involves | 7 | | (i) contracts relating to the
purchase, sale, or delivery | 8 | | of electricity or natural gas or (ii) the results
or | 9 | | conclusions of load forecast studies.
| 10 | | (24) Meetings of a residential health care facility | 11 | | resident sexual
assault and death review
team or
the | 12 | | Executive
Council under the Abuse Prevention Review
Team | 13 | | Act.
| 14 | | (25) Meetings of an independent team of experts under | 15 | | Brian's Law. | 16 | | (26) Meetings of a mortality review team appointed | 17 | | under the Department of Juvenile Justice Mortality Review | 18 | | Team Act. | 19 | | (27) (Blank). | 20 | | (28) Correspondence and records (i) that may not be | 21 | | disclosed under Section 11-9 of the Illinois Public Aid | 22 | | Code or (ii) that pertain to appeals under Section 11-8 of | 23 | | the Illinois Public Aid Code. | 24 | | (29) Meetings between internal or external auditors | 25 | | and governmental audit committees, finance committees, and | 26 | | their equivalents, when the discussion involves internal |
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| 1 | | control weaknesses, identification of potential fraud risk | 2 | | areas, known or suspected frauds, and fraud interviews | 3 | | conducted in accordance with generally accepted auditing | 4 | | standards of the United States of America. | 5 | | (30) Those meetings or portions of meetings of a | 6 | | fatality review team or the Illinois Fatality Review Team | 7 | | Advisory Council during which a review of the death of an | 8 | | eligible adult in which abuse or neglect is suspected, | 9 | | alleged, or substantiated is conducted pursuant to Section | 10 | | 15 of the Adult Protective Services Act. | 11 | | (31) (Blank). Meetings and deliberations for decisions | 12 | | of the Concealed Carry Licensing Review Board under the | 13 | | Firearm Concealed Carry Act. | 14 | | (32) Meetings between the Regional Transportation | 15 | | Authority Board and its Service Boards when the discussion | 16 | | involves review by the Regional Transportation Authority | 17 | | Board of employment contracts under Section 28d of the | 18 | | Metropolitan Transit Authority Act and Sections 3A.18 and | 19 | | 3B.26 of the Regional Transportation Authority Act. | 20 | | (33) Those meetings or portions of meetings of the | 21 | | advisory committee and peer review subcommittee created | 22 | | under Section 320 of the Illinois Controlled Substances | 23 | | Act during which specific controlled substance prescriber, | 24 | | dispenser, or patient information is discussed. | 25 | | (34) Meetings of the Tax Increment Financing Reform | 26 | | Task Force under Section 2505-800 of the Department of |
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| 1 | | Revenue Law of the Civil Administrative Code of Illinois. | 2 | | (35) Meetings of the group established to discuss | 3 | | Medicaid capitation rates under Section 5-30.8 of the | 4 | | Illinois Public Aid Code. | 5 | | (36) Those deliberations or portions of deliberations | 6 | | for decisions of the Illinois Gaming Board in which there | 7 | | is discussed any of the following: (i) personal, | 8 | | commercial, financial, or other information obtained from | 9 | | any source that is privileged, proprietary, confidential, | 10 | | or a trade secret; or (ii) information specifically | 11 | | exempted from the disclosure by federal or State law. | 12 | | (d) Definitions. For purposes of this Section:
| 13 | | "Employee" means a person employed by a public body whose | 14 | | relationship
with the public body constitutes an | 15 | | employer-employee relationship under
the usual common law | 16 | | rules, and who is not an independent contractor.
| 17 | | "Public office" means a position created by or under the
| 18 | | Constitution or laws of this State, the occupant of which is | 19 | | charged with
the exercise of some portion of the sovereign | 20 | | power of this State. The term
"public office" shall include | 21 | | members of the public body, but it shall not
include | 22 | | organizational positions filled by members thereof, whether
| 23 | | established by law or by a public body itself, that exist to | 24 | | assist the
body in the conduct of its business.
| 25 | | "Quasi-adjudicative body" means an administrative body | 26 | | charged by law or
ordinance with the responsibility to conduct |
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| 1 | | hearings, receive evidence or
testimony and make | 2 | | determinations based
thereon, but does not include
local | 3 | | electoral boards when such bodies are considering petition | 4 | | challenges.
| 5 | | (e) Final action. No final action may be taken at a closed | 6 | | meeting.
Final action shall be preceded by a public recital of | 7 | | the nature of the
matter being considered and other | 8 | | information that will inform the
public of the business being | 9 | | conducted.
| 10 | | (Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; | 11 | | 100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. | 12 | | 8-23-19; revised 9-27-19.)
| 13 | | Section 10. The Freedom of Information Act is amended by | 14 | | changing Section 7.5 as follows: | 15 | | (5 ILCS 140/7.5) | 16 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 17 | | by the statutes referenced below, the following shall be | 18 | | exempt from inspection and copying: | 19 | | (a) All information determined to be confidential | 20 | | under Section 4002 of the Technology Advancement and | 21 | | Development Act. | 22 | | (b) Library circulation and order records identifying | 23 | | library users with specific materials under the Library | 24 | | Records Confidentiality Act. |
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| 1 | | (c) Applications, related documents, and medical | 2 | | records received by the Experimental Organ Transplantation | 3 | | Procedures Board and any and all documents or other | 4 | | records prepared by the Experimental Organ Transplantation | 5 | | Procedures Board or its staff relating to applications it | 6 | | has received. | 7 | | (d) Information and records held by the Department of | 8 | | Public Health and its authorized representatives relating | 9 | | to known or suspected cases of sexually transmissible | 10 | | disease or any information the disclosure of which is | 11 | | restricted under the Illinois Sexually Transmissible | 12 | | Disease Control Act. | 13 | | (e) Information the disclosure of which is exempted | 14 | | under Section 30 of the Radon Industry Licensing Act. | 15 | | (f) Firm performance evaluations under Section 55 of | 16 | | the Architectural, Engineering, and Land Surveying | 17 | | Qualifications Based Selection Act. | 18 | | (g) Information the disclosure of which is restricted | 19 | | and exempted under Section 50 of the Illinois Prepaid | 20 | | Tuition Act. | 21 | | (h) Information the disclosure of which is exempted | 22 | | under the State Officials and Employees Ethics Act, and | 23 | | records of any lawfully created State or local inspector | 24 | | general's office that would be exempt if created or | 25 | | obtained by an Executive Inspector General's office under | 26 | | that Act. |
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| 1 | | (i) Information contained in a local emergency energy | 2 | | plan submitted to a municipality in accordance with a | 3 | | local emergency energy plan ordinance that is adopted | 4 | | under Section 11-21.5-5 of the Illinois Municipal Code. | 5 | | (j) Information and data concerning the distribution | 6 | | of surcharge moneys collected and remitted by carriers | 7 | | under the Emergency Telephone System Act. | 8 | | (k) Law enforcement officer identification information | 9 | | or driver identification information compiled by a law | 10 | | enforcement agency or the Department of Transportation | 11 | | under Section 11-212 of the Illinois Vehicle Code. | 12 | | (l) Records and information provided to a residential | 13 | | health care facility resident sexual assault and death | 14 | | review team or the Executive Council under the Abuse | 15 | | Prevention Review Team Act. | 16 | | (m) Information provided to the predatory lending | 17 | | database created pursuant to Article 3 of the Residential | 18 | | Real Property Disclosure Act, except to the extent | 19 | | authorized under that Article. | 20 | | (n) Defense budgets and petitions for certification of | 21 | | compensation and expenses for court appointed trial | 22 | | counsel as provided under Sections 10 and 15 of the | 23 | | Capital Crimes Litigation Act. This subsection (n) shall | 24 | | apply until the conclusion of the trial of the case, even | 25 | | if the prosecution chooses not to pursue the death penalty | 26 | | prior to trial or sentencing. |
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| 1 | | (o) Information that is prohibited from being | 2 | | disclosed under Section 4 of the Illinois Health and | 3 | | Hazardous Substances Registry Act. | 4 | | (p) Security portions of system safety program plans, | 5 | | investigation reports, surveys, schedules, lists, data, or | 6 | | information compiled, collected, or prepared by or for the | 7 | | Regional Transportation Authority under Section 2.11 of | 8 | | the Regional Transportation Authority Act or the St. Clair | 9 | | County Transit District under the Bi-State Transit Safety | 10 | | Act. | 11 | | (q) Information prohibited from being disclosed by the | 12 | | Personnel Record Review Act. | 13 | | (r) Information prohibited from being disclosed by the | 14 | | Illinois School Student Records Act. | 15 | | (s) Information the disclosure of which is restricted | 16 | | under Section 5-108 of the Public Utilities Act.
| 17 | | (t) All identified or deidentified health information | 18 | | in the form of health data or medical records contained | 19 | | in, stored in, submitted to, transferred by, or released | 20 | | from the Illinois Health Information Exchange, and | 21 | | identified or deidentified health information in the form | 22 | | of health data and medical records of the Illinois Health | 23 | | Information Exchange in the possession of the Illinois | 24 | | Health Information Exchange Authority due to its | 25 | | administration of the Illinois Health Information | 26 | | Exchange. The terms "identified" and "deidentified" shall |
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| 1 | | be given the same meaning as in the Health Insurance | 2 | | Portability and Accountability Act of 1996, Public Law | 3 | | 104-191, or any subsequent amendments thereto, and any | 4 | | regulations promulgated thereunder. | 5 | | (u) Records and information provided to an independent | 6 | | team of experts under the Developmental Disability and | 7 | | Mental Health Safety Act (also known as Brian's Law). | 8 | | (v) Names and information of people who have applied | 9 | | for or received Firearm Owner's Identification Cards under | 10 | | the Firearm Owners Identification Card Act or applied for | 11 | | or received a concealed carry license under the Firearm | 12 | | Concealed Carry Act, unless otherwise authorized by the | 13 | | Firearm Concealed Carry Act; and databases under the | 14 | | Firearm Concealed Carry Act, records of the Concealed | 15 | | Carry Licensing Review Board under the Firearm Concealed | 16 | | Carry Act, and law enforcement agency objections under the | 17 | | Firearm Concealed Carry Act . | 18 | | (w) Personally identifiable information which is | 19 | | exempted from disclosure under subsection (g) of Section | 20 | | 19.1 of the Toll Highway Act. | 21 | | (x) Information which is exempted from disclosure | 22 | | under Section 5-1014.3 of the Counties Code or Section | 23 | | 8-11-21 of the Illinois Municipal Code. | 24 | | (y) Confidential information under the Adult | 25 | | Protective Services Act and its predecessor enabling | 26 | | statute, the Elder Abuse and Neglect Act, including |
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| 1 | | information about the identity and administrative finding | 2 | | against any caregiver of a verified and substantiated | 3 | | decision of abuse, neglect, or financial exploitation of | 4 | | an eligible adult maintained in the Registry established | 5 | | under Section 7.5 of the Adult Protective Services Act. | 6 | | (z) Records and information provided to a fatality | 7 | | review team or the Illinois Fatality Review Team Advisory | 8 | | Council under Section 15 of the Adult Protective Services | 9 | | Act. | 10 | | (aa) Information which is exempted from disclosure | 11 | | under Section 2.37 of the Wildlife Code. | 12 | | (bb) Information which is or was prohibited from | 13 | | disclosure by the Juvenile Court Act of 1987. | 14 | | (cc) Recordings made under the Law Enforcement | 15 | | Officer-Worn Body Camera Act, except to the extent | 16 | | authorized under that Act. | 17 | | (dd) Information that is prohibited from being | 18 | | disclosed under Section 45 of the Condominium and Common | 19 | | Interest Community Ombudsperson Act. | 20 | | (ee) Information that is exempted from disclosure | 21 | | under Section 30.1 of the Pharmacy Practice Act. | 22 | | (ff) Information that is exempted from disclosure | 23 | | under the Revised Uniform Unclaimed Property Act. | 24 | | (gg) Information that is prohibited from being | 25 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 26 | | Code. |
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| 1 | | (hh) Records that are exempt from disclosure under | 2 | | Section 1A-16.7 of the Election Code. | 3 | | (ii) Information which is exempted from disclosure | 4 | | under Section 2505-800 of the Department of Revenue Law of | 5 | | the Civil Administrative Code of Illinois. | 6 | | (jj) Information and reports that are required to be | 7 | | submitted to the Department of Labor by registering day | 8 | | and temporary labor service agencies but are exempt from | 9 | | disclosure under subsection (a-1) of Section 45 of the Day | 10 | | and Temporary Labor Services Act. | 11 | | (kk) Information prohibited from disclosure under the | 12 | | Seizure and Forfeiture Reporting Act. | 13 | | (ll) Information the disclosure of which is restricted | 14 | | and exempted under Section 5-30.8 of the Illinois Public | 15 | | Aid Code. | 16 | | (mm) Records that are exempt from disclosure under | 17 | | Section 4.2 of the Crime Victims Compensation Act. | 18 | | (nn) Information that is exempt from disclosure under | 19 | | Section 70 of the Higher Education Student Assistance Act. | 20 | | (oo) Communications, notes, records, and reports | 21 | | arising out of a peer support counseling session | 22 | | prohibited from disclosure under the First Responders | 23 | | Suicide Prevention Act. | 24 | | (pp) Names and all identifying information relating to | 25 | | an employee of an emergency services provider or law | 26 | | enforcement agency under the First Responders Suicide |
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| 1 | | Prevention Act. | 2 | | (qq) Information and records held by the Department of | 3 | | Public Health and its authorized representatives collected | 4 | | under the Reproductive Health Act. | 5 | | (rr) Information that is exempt from disclosure under | 6 | | the Cannabis Regulation and Tax Act. | 7 | | (ss) Data reported by an employer to the Department of | 8 | | Human Rights pursuant to Section 2-108 of the Illinois | 9 | | Human Rights Act. | 10 | | (tt) Recordings made under the Children's Advocacy | 11 | | Center Act, except to the extent authorized under that | 12 | | Act. | 13 | | (uu) Information that is exempt from disclosure under | 14 | | Section 50 of the Sexual Assault Evidence Submission Act. | 15 | | (vv) Information that is exempt from disclosure under | 16 | | subsections (f) and (j) of Section 5-36 of the Illinois | 17 | | Public Aid Code. | 18 | | (ww) Information that is exempt from disclosure under | 19 | | Section 16.8 of the State Treasurer Act. | 20 | | (xx) Information that is exempt from disclosure or | 21 | | information that shall not be made public under the | 22 | | Illinois Insurance Code. | 23 | | (yy) (oo) Information prohibited from being disclosed | 24 | | under the Illinois Educational Labor Relations Act. | 25 | | (zz) (pp) Information prohibited from being disclosed | 26 | | under the Illinois Public Labor Relations Act. |
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| 1 | | (aaa) (qq) Information prohibited from being disclosed | 2 | | under Section 1-167 of the Illinois Pension Code. | 3 | | (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 4 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 5 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | 6 | | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | 7 | | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. | 8 | | 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, | 9 | | eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; | 10 | | 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. | 11 | | 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; revised | 12 | | 1-6-20.) | 13 | | (15 ILCS 305/13.5 rep.) | 14 | | Section 15. The Secretary of State Act is amended by | 15 | | repealing Section 13.5. | 16 | | Section 20. The Department of State Police Law of the
| 17 | | Civil Administrative Code of Illinois is amended by changing | 18 | | Sections 2605-300 and 2605-595 as follows:
| 19 | | (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
| 20 | | Sec. 2605-300. Records; crime laboratories; personnel. To | 21 | | do
the
following:
| 22 | | (1) Be a central repository and custodian of criminal
| 23 | | statistics for the State.
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| 1 | | (2) Be a central repository for criminal history
| 2 | | record information.
| 3 | | (3) Procure and file for record information that is
| 4 | | necessary and helpful to plan programs of crime | 5 | | prevention, law
enforcement,
and criminal justice.
| 6 | | (4) Procure and file for record copies of
fingerprints | 7 | | that may be required by law.
| 8 | | (5) Establish general and field
crime laboratories.
| 9 | | (6) Register and file for record information that
may | 10 | | be required by law for the issuance of firearm owner's | 11 | | identification
cards under the Firearm Owners | 12 | | Identification Card Act and concealed carry licenses under | 13 | | the Firearm Concealed Carry Act .
| 14 | | (7) Employ laboratory technicians
and
other
specially | 15 | | qualified persons to aid in the identification of criminal
| 16 | | activity, and may employ polygraph operators.
| 17 | | (8) Undertake other identification, information,
| 18 | | laboratory, statistical, or registration activities that | 19 | | may be
required by law.
| 20 | | (Source: P.A. 98-63, eff. 7-9-13; 99-801, eff. 1-1-17 .)
| 21 | | (20 ILCS 2605/2605-595) | 22 | | Sec. 2605-595. State Police Firearm Services Fund. | 23 | | (a) There is created in the State treasury a special fund | 24 | | known as the State Police Firearm Services Fund. The Fund | 25 | | shall receive revenue under the Firearm Concealed Carry Act |
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| 1 | | and Section 5 of the Firearm Owners Identification Card Act. | 2 | | The Fund may also receive revenue from grants, pass-through | 3 | | grants, donations, appropriations, and any other legal source. | 4 | | (b) The Department of State Police may use moneys in the | 5 | | Fund to finance any of its lawful purposes, mandates, | 6 | | functions, and duties under the Firearm Owners Identification | 7 | | Card Act and the Firearm Concealed Carry Act , including the | 8 | | cost of sending notices of expiration of Firearm Owner's | 9 | | Identification Cards, concealed carry licenses, the prompt and | 10 | | efficient processing of applications under the Firearm Owners | 11 | | Identification Card Act and the Firearm Concealed Carry Act , | 12 | | the improved efficiency and reporting of the LEADS and federal | 13 | | NICS law enforcement data systems, and support for | 14 | | investigations required under that Act these Acts and law. Any | 15 | | surplus funds beyond what is needed to comply with the | 16 | | aforementioned purposes shall be used by the Department to | 17 | | improve the Law Enforcement Agencies Data System (LEADS) and | 18 | | criminal history background check system. | 19 | | (c) Investment income that is attributable to the | 20 | | investment of moneys in the Fund shall be retained in the Fund | 21 | | for the uses specified in this Section.
| 22 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.) | 23 | | Section 25. The State Finance Act is amended by changing | 24 | | Section 6z-99 as follows: |
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| 1 | | (30 ILCS 105/6z-99) | 2 | | Sec. 6z-99. The Mental Health Reporting Fund. | 3 | | (a) There is created in the State treasury a special fund | 4 | | known as the Mental Health Reporting Fund. The Fund shall | 5 | | receive revenue under the Firearm Concealed Carry Act. The | 6 | | Fund may also receive revenue from grants, pass-through | 7 | | grants, donations, appropriations, and any other legal source. | 8 | | (b) The Department of State Police and Department of Human | 9 | | Services shall coordinate to use moneys in the Fund to finance | 10 | | their respective duties of collecting and reporting data on | 11 | | mental health records and ensuring that mental health firearm | 12 | | possession prohibitors are enforced as set forth under the | 13 | | Firearm Concealed Carry Act and the Firearm Owners | 14 | | Identification Card Act. Any surplus in the Fund beyond what | 15 | | is necessary to ensure compliance with mental health reporting | 16 | | under that Act these Acts shall be used by the Department of | 17 | | Human Services for mental health treatment programs. | 18 | | (c) Investment income that is attributable to the | 19 | | investment of moneys in the Fund shall be retained in the Fund | 20 | | for the uses specified in this Section.
| 21 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.) | 22 | | Section 30. The Liquor Control Act of 1934 is amended by | 23 | | changing Section 10-1 as follows:
| 24 | | (235 ILCS 5/10-1) (from Ch. 43, par. 183)
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| 1 | | Sec. 10-1. Violations; penalties. Whereas a substantial | 2 | | threat
to the sound and careful control, regulation, and | 3 | | taxation of the
manufacture, sale, and distribution of | 4 | | alcoholic liquors exists by virtue
of individuals who | 5 | | manufacture,
import, distribute, or sell alcoholic liquors | 6 | | within the State without
having first obtained a valid license | 7 | | to do so, and whereas such threat is
especially serious along | 8 | | the borders of this State, and whereas such threat
requires | 9 | | immediate correction by this Act, by active investigation and
| 10 | | prosecution by the State Commission, law enforcement | 11 | | officials, and prosecutors, and by prompt and
strict | 12 | | enforcement through the courts of this State to punish | 13 | | violators and
to deter such conduct in the future:
| 14 | | (a) Any person who manufactures, imports
for distribution | 15 | | or use, transports from outside this State into this State, or | 16 | | distributes or sells 108 liters (28.53 gallons) or more of | 17 | | wine, 45 liters (11.88 gallons) or more of distilled spirits, | 18 | | or 118 liters (31.17 gallons) or more of beer at any
place | 19 | | within the State without having first obtained a valid license | 20 | | to do
so under the provisions of this Act shall be guilty of a | 21 | | Class 4 felony for each offense. However, any person who was | 22 | | duly licensed under this Act and whose license expired within | 23 | | 30 days prior to a violation shall be guilty of a business | 24 | | offense and fined not more than $1,000 for the first such | 25 | | offense and shall be guilty of a Class 4 felony for each | 26 | | subsequent offense.
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| 1 | | Any person who manufactures, imports for distribution, | 2 | | transports from outside this State into this State for sale or | 3 | | resale in this State, or distributes or sells less than 108 | 4 | | liters (28.53 gallons) of wine, less than 45 liters (11.88 | 5 | | gallons) of distilled spirits, or less than 118 liters (31.17 | 6 | | gallons) of beer at any place within the State without having | 7 | | first obtained a valid license to do so under the provisions of | 8 | | this Act shall be guilty of a business offense and fined not | 9 | | more than $1,000 for the first such offense and shall be guilty | 10 | | of a Class 4 felony for each subsequent offense. This | 11 | | subsection does not apply to a motor carrier or freight | 12 | | forwarder, as defined in Section 13102 of Title 49 of the | 13 | | United States Code, an air carrier, as defined in Section | 14 | | 40102 of Title 49 of the United States Code, or a rail carrier, | 15 | | as defined in Section 10102 of Title 49 of the United States | 16 | | Code. | 17 | | Any person who: (1) has been issued an initial cease and | 18 | | desist notice from the State Commission; and (2) for | 19 | | compensation, does any of the following: (i) ships alcoholic | 20 | | liquor into this State without a license authorized by Section | 21 | | 5-1 issued by the State Commission or in violation of that | 22 | | license; or (ii) manufactures, imports for distribution, | 23 | | transports from outside this State into this State for sale or | 24 | | resale in this State, or distributes or sells alcoholic | 25 | | liquors at any place without having first obtained a valid | 26 | | license to do so is guilty of a Class 4 felony for each |
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| 1 | | offense. | 2 | | (b) (1) Any retailer, caterer retailer, brew pub, special | 3 | | event retailer, special use permit holder, homebrewer special | 4 | | event permit holder, or craft distiller tasting permit holder | 5 | | who knowingly causes alcoholic liquors to be imported directly | 6 | | into the State of Illinois from outside of the State for the | 7 | | purpose of furnishing, giving, or selling to another, except | 8 | | when having received the product from a duly licensed | 9 | | distributor or importing distributor, shall have his license | 10 | | suspended for 30 days for
the first offense and for the second | 11 | | offense, shall have his license
revoked by the Commission.
| 12 | | (2) In the event the State Commission receives a certified | 13 | | copy of a final order
from a foreign jurisdiction that an | 14 | | Illinois retail licensee has been found to
have violated that | 15 | | foreign jurisdiction's laws, rules, or regulations
concerning | 16 | | the importation of alcoholic liquor into that foreign | 17 | | jurisdiction,
the violation may be grounds for the State | 18 | | Commission to revoke, suspend, or refuse
to
issue or renew a | 19 | | license, to impose a fine, or to take any additional action
| 20 | | provided by this Act with respect to the Illinois retail | 21 | | license or licensee.
Any such action on the part of the State | 22 | | Commission shall be in accordance with this
Act and | 23 | | implementing rules.
| 24 | | For the purposes of paragraph (2): (i) "foreign | 25 | | jurisdiction" means a
state, territory, or possession of the | 26 | | United States, the District of Columbia,
or the Commonwealth |
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| 1 | | of Puerto Rico, and (ii) "final order" means an order or
| 2 | | judgment of a court or administrative body that determines the | 3 | | rights of the
parties respecting the subject matter of the | 4 | | proceeding, that remains in full
force and effect, and from | 5 | | which no appeal can be taken.
| 6 | | (c) Any person who shall make any false statement or | 7 | | otherwise
violates any of the provisions of this Act in | 8 | | obtaining any license
hereunder, or who having obtained a | 9 | | license hereunder shall violate any
of the provisions of this | 10 | | Act with respect to the manufacture,
possession, distribution | 11 | | or sale of alcoholic liquor, or with respect to
the | 12 | | maintenance of the licensed premises, or shall violate any | 13 | | other
provision of this Act, shall for a first offense be | 14 | | guilty of a petty
offense and fined not more than $500, and for | 15 | | a second or subsequent
offense shall be guilty of a Class B | 16 | | misdemeanor.
| 17 | | (c-5) (Blank). Any owner of an establishment that serves | 18 | | alcohol on its premises, if more than 50% of the | 19 | | establishment's gross receipts within the prior 3 months is | 20 | | from the sale of alcohol, who knowingly fails to prohibit | 21 | | concealed firearms on its premises or who knowingly makes a | 22 | | false statement or record to avoid the prohibition of | 23 | | concealed firearms on its premises under the Firearm Concealed | 24 | | Carry Act shall be guilty of a business offense with a fine up | 25 | | to $5,000. | 26 | | (d) Each day any person engages in business as a |
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| 1 | | manufacturer,
foreign importer, importing distributor, | 2 | | distributor or retailer in
violation of the provisions of this | 3 | | Act shall constitute a separate offense.
| 4 | | (e) Any person, under the age of 21 years who, for the | 5 | | purpose
of buying, accepting or receiving alcoholic liquor | 6 | | from a
licensee, represents that he is 21 years of age or over | 7 | | shall be guilty
of a Class A misdemeanor.
| 8 | | (f) In addition to the penalties herein provided, any | 9 | | person
licensed as a wine-maker in either class who | 10 | | manufactures more wine than
authorized by his license shall be | 11 | | guilty of a business offense and shall be
fined $1 for each | 12 | | gallon so manufactured.
| 13 | | (g) A person shall be exempt from prosecution for a | 14 | | violation of this
Act if he is a peace officer in the | 15 | | enforcement of the criminal laws and
such activity is approved | 16 | | in writing by one of the following:
| 17 | | (1) In all counties, the respective State's Attorney;
| 18 | | (2) The Director of State Police under
Section | 19 | | 2605-10, 2605-15, 2605-75, 2605-100, 2605-105, 2605-110,
| 20 | | 2605-115, 2605-120, 2605-130, 2605-140, 2605-190, | 21 | | 2605-200, 2605-205, 2605-210,
2605-215, 2605-250, | 22 | | 2605-275, 2605-300, 2605-305, 2605-315, 2605-325, | 23 | | 2605-335,
2605-340,
2605-350, 2605-355, 2605-360, | 24 | | 2605-365, 2605-375, 2605-390, 2605-400, 2605-405,
| 25 | | 2605-420,
2605-430, 2605-435, 2605-500, 2605-525, or | 26 | | 2605-550 of the Department of State
Police Law (20 ILCS |
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| 1 | | 2605/2605-10, 2605/2605-15, 2605/2605-75,
2605/2605-100, | 2 | | 2605/2605-105, 2605/2605-110, 2605/2605-115,
| 3 | | 2605/2605-120, 2605/2605-130, 2605/2605-140, | 4 | | 2605/2605-190, 2605/2605-200,
2605/2605-205, | 5 | | 2605/2605-210, 2605/2605-215, 2605/2605-250, | 6 | | 2605/2605-275,
2605/2605-300,
2605/2605-305, | 7 | | 2605/2605-315, 2605/2605-325, 2605/2605-335, | 8 | | 2605/2605-340,
2605/2605-350, 2605/2605-355, | 9 | | 2605/2605-360,
2605/2605-365, 2605/2605-375, | 10 | | 2605/2605-390,
2605/2605-400, 2605/2605-405, | 11 | | 2605/2605-420, 2605/2605-430, 2605/2605-435,
| 12 | | 2605/2605-500, 2605/2605-525, or 2605/2605-550); or
| 13 | | (3) In cities over 1,000,000, the Superintendent of | 14 | | Police.
| 15 | | (Source: P.A. 101-37, eff. 7-3-19.)
| 16 | | Section 35. The Firearm Owners Identification Card Act is | 17 | | amended by changing Sections 2, 3, and 13.1 as follows:
| 18 | | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
| 19 | | Sec. 2. Firearm Owner's Identification Card required; | 20 | | exceptions.
| 21 | | (a) (1) No person may acquire or possess any firearm, stun | 22 | | gun, or taser within this State
without having in his or her | 23 | | possession a Firearm Owner's Identification Card
previously | 24 | | issued in his or her name by the Department of State Police |
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| 1 | | under
the provisions of this Act.
| 2 | | (2) No person may acquire or possess firearm ammunition | 3 | | within this
State without having in his or her possession a | 4 | | Firearm Owner's Identification
Card previously issued in his | 5 | | or her name by the Department of State Police
under the | 6 | | provisions of this Act.
| 7 | | (b) The provisions of this Section regarding the | 8 | | possession of firearms, firearm ammunition, stun guns, and | 9 | | tasers do not apply to:
| 10 | | (1) United States Marshals, while engaged in the | 11 | | operation of their
official duties;
| 12 | | (2) Members of the Armed Forces of the United States | 13 | | or the National
Guard, while engaged in the operation of | 14 | | their official duties;
| 15 | | (3) Federal officials required to carry firearms, | 16 | | while engaged in the
operation of their official duties;
| 17 | | (4) Members of bona fide veterans organizations which | 18 | | receive firearms
directly from the armed forces of the | 19 | | United States, while using the
firearms for ceremonial | 20 | | purposes with blank ammunition;
| 21 | | (5) Nonresident hunters during hunting season, with | 22 | | valid nonresident
hunting licenses and while in an area | 23 | | where hunting is permitted; however,
at all other times | 24 | | and in all other places these persons must have their
| 25 | | firearms unloaded and enclosed in a case;
| 26 | | (6) Those hunters exempt from obtaining a hunting |
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| 1 | | license who are
required to submit their Firearm Owner's | 2 | | Identification Card when hunting
on Department of Natural | 3 | | Resources owned or managed sites;
| 4 | | (7) Nonresidents while on a firing or shooting range | 5 | | recognized by the
Department of State Police; however, | 6 | | these persons must at all other times
and in all other | 7 | | places have their firearms unloaded and enclosed in a | 8 | | case;
| 9 | | (8) Nonresidents while at a firearm showing or display | 10 | | recognized by
the Department of State Police; however, at | 11 | | all other times and in all
other places these persons must | 12 | | have their firearms unloaded and enclosed
in a case;
| 13 | | (9) Nonresidents whose firearms are unloaded and | 14 | | enclosed in a case;
| 15 | | (10) Nonresidents who are currently licensed or | 16 | | registered to possess a
firearm in their resident state;
| 17 | | (11) Unemancipated minors while in the custody and | 18 | | immediate control of
their parent or legal guardian or | 19 | | other person in loco parentis to the
minor if the parent or | 20 | | legal guardian or other person in loco parentis to
the | 21 | | minor has a currently valid Firearm Owner's Identification
| 22 | | Card;
| 23 | | (12) Color guards of bona fide veterans organizations | 24 | | or members of bona
fide American Legion bands while using | 25 | | firearms for ceremonial purposes
with blank ammunition;
| 26 | | (13) Nonresident hunters whose state of residence does |
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| 1 | | not require
them to be licensed or registered to possess a | 2 | | firearm and only during
hunting season, with valid hunting | 3 | | licenses, while accompanied by, and
using a firearm owned | 4 | | by, a person who possesses a valid Firearm Owner's
| 5 | | Identification Card and while in an area within a | 6 | | commercial club licensed
under the Wildlife Code where | 7 | | hunting is permitted and controlled, but in
no instance | 8 | | upon sites owned or managed by the Department of Natural
| 9 | | Resources;
| 10 | | (14) Resident hunters who are properly authorized to | 11 | | hunt and,
while accompanied by a person who possesses a | 12 | | valid Firearm Owner's
Identification Card, hunt in an area | 13 | | within a commercial club licensed
under the Wildlife Code | 14 | | where hunting is permitted and controlled;
| 15 | | (15) A person who is otherwise eligible to obtain a | 16 | | Firearm Owner's
Identification Card under this Act and is | 17 | | under the direct supervision of a
holder of a Firearm
| 18 | | Owner's Identification Card who is 21 years of age or | 19 | | older while the person is
on a firing or shooting range
or | 20 | | is a
participant in a firearms safety and training course | 21 | | recognized by a law
enforcement agency or a national, | 22 | | statewide shooting sports organization; and
| 23 | | (16) Competitive shooting athletes whose competition | 24 | | firearms are sanctioned by the International Olympic | 25 | | Committee, the International Paralympic Committee, the | 26 | | International Shooting Sport Federation, or USA Shooting |
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| 1 | | in connection with such athletes' training for and | 2 | | participation in shooting competitions at the 2016 Olympic | 3 | | and Paralympic Games and sanctioned test events leading up | 4 | | to the 2016 Olympic and Paralympic Games. | 5 | | (c) The provisions of this Section regarding the | 6 | | acquisition and possession
of firearms, firearm ammunition, | 7 | | stun guns, and tasers do not apply to law enforcement | 8 | | officials
of this or any other jurisdiction, while engaged in | 9 | | the operation of their
official duties.
| 10 | | (c-5) (Blank). The provisions of paragraphs (1) and (2) of | 11 | | subsection (a) of this Section regarding the possession of | 12 | | firearms
and firearm ammunition do not apply to the holder of a | 13 | | valid concealed carry
license issued under the Firearm | 14 | | Concealed Carry Act who is in physical
possession of the | 15 | | concealed carry license. | 16 | | (d) Any person who becomes a resident of this State, who is | 17 | | not otherwise prohibited from obtaining, possessing, or using | 18 | | a firearm or firearm ammunition, shall not be required to have | 19 | | a Firearm Owner's Identification Card to possess firearms or | 20 | | firearms ammunition until 60 calendar days after he or she | 21 | | obtains an Illinois driver's license or Illinois | 22 | | Identification Card. | 23 | | (Source: P.A. 99-29, eff. 7-10-15.)
| 24 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | 25 | | Sec. 3. (a) Except as provided in Section 3a, no person may |
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| 1 | | knowingly
transfer, or cause to be transferred, any firearm, | 2 | | firearm ammunition, stun gun, or taser to any person within | 3 | | this State unless the
transferee with whom he deals displays | 4 | | either: (1) a currently valid Firearm Owner's
Identification | 5 | | Card which has previously been issued in his or her name by the
| 6 | | Department of State Police under the provisions of this Act ; | 7 | | or (2) a currently valid license to carry a concealed firearm | 8 | | which has previously been issued in his or her name by the
| 9 | | Department of State Police under the Firearm Concealed Carry | 10 | | Act . In addition,
all firearm, stun gun, and taser transfers | 11 | | by federally licensed firearm dealers are subject
to Section | 12 | | 3.1. | 13 | | (a-5) Any person who is not a federally licensed firearm | 14 | | dealer and who desires to transfer or sell a firearm while that | 15 | | person is on the grounds of a gun show must, before selling or | 16 | | transferring the firearm, request the Department of State | 17 | | Police to conduct a background check on the prospective | 18 | | recipient of the firearm in accordance with Section 3.1.
| 19 | | (a-10) Notwithstanding item (2) of subsection (a) of this | 20 | | Section, any person who is not a federally licensed firearm | 21 | | dealer and who desires to transfer or sell a firearm or | 22 | | firearms to any person who is not a federally licensed firearm | 23 | | dealer shall, before selling or transferring the firearms, | 24 | | contact the Department of State Police with the transferee's | 25 | | or purchaser's Firearm Owner's Identification Card number to | 26 | | determine the validity of the transferee's or purchaser's |
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| 1 | | Firearm Owner's Identification Card. This subsection shall not | 2 | | be effective until January 1, 2014. The Department of State | 3 | | Police may adopt rules concerning the implementation of this | 4 | | subsection. The Department of State Police shall provide the | 5 | | seller or transferor an approval number if the purchaser's | 6 | | Firearm Owner's Identification Card is valid. Approvals issued | 7 | | by the Department for the purchase of a firearm pursuant to | 8 | | this subsection are valid for 30 days from the date of issue. | 9 | | (a-15) The provisions of subsection (a-10) of this Section | 10 | | do not apply to: | 11 | | (1) transfers that occur at the place of business of a | 12 | | federally licensed firearm dealer, if the federally | 13 | | licensed firearm dealer conducts a background check on the | 14 | | prospective recipient of the firearm in accordance with | 15 | | Section 3.1 of this Act and follows all other applicable | 16 | | federal, State, and local laws as if he or she were the | 17 | | seller or transferor of the firearm, although the dealer | 18 | | is not required to accept the firearm into his or her | 19 | | inventory. The purchaser or transferee may be required by | 20 | | the federally licensed firearm dealer to pay a fee not to | 21 | | exceed $10 per firearm, which the dealer may retain as | 22 | | compensation for performing the functions required under | 23 | | this paragraph, plus the applicable fees authorized by | 24 | | Section 3.1; | 25 | | (2) transfers as a bona fide gift to the transferor's | 26 | | husband, wife, son, daughter, stepson, stepdaughter, |
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| 1 | | father, mother, stepfather, stepmother, brother, sister, | 2 | | nephew, niece, uncle, aunt, grandfather, grandmother, | 3 | | grandson, granddaughter, father-in-law, mother-in-law, | 4 | | son-in-law, or daughter-in-law; | 5 | | (3) transfers by persons acting pursuant to operation | 6 | | of law or a court order; | 7 | | (4) transfers on the grounds of a gun show under | 8 | | subsection (a-5) of this Section; | 9 | | (5) the delivery of a firearm by its owner to a | 10 | | gunsmith for service or repair, the return of the firearm | 11 | | to its owner by the gunsmith, or the delivery of a firearm | 12 | | by a gunsmith to a federally licensed firearms dealer for | 13 | | service or repair and the return of the firearm to the | 14 | | gunsmith; | 15 | | (6) temporary transfers that occur while in the home | 16 | | of the unlicensed transferee, if the unlicensed transferee | 17 | | is not otherwise prohibited from possessing firearms and | 18 | | the unlicensed transferee reasonably believes that | 19 | | possession of the firearm is necessary to prevent imminent | 20 | | death or great bodily harm to the unlicensed transferee; | 21 | | (7) transfers to a law enforcement or corrections | 22 | | agency or a law enforcement or corrections officer acting | 23 | | within the course and scope of his or her official duties; | 24 | | (8) transfers of firearms that have been rendered | 25 | | permanently inoperable to a nonprofit historical society, | 26 | | museum, or institutional collection; and |
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| 1 | | (9) transfers to a person who is exempt from the | 2 | | requirement of possessing a Firearm Owner's Identification | 3 | | Card under Section 2 of this Act. | 4 | | (a-20) The Department of State Police shall develop an | 5 | | Internet-based system for individuals to determine the | 6 | | validity of a Firearm Owner's Identification Card prior to the | 7 | | sale or transfer of a firearm. The Department shall have the | 8 | | Internet-based system completed and available for use by July | 9 | | 1, 2015. The Department shall adopt rules not inconsistent | 10 | | with this Section to implement this system. | 11 | | (b) Any person within this State who transfers or causes | 12 | | to be
transferred any firearm, stun gun, or taser shall keep a | 13 | | record of such transfer for a period
of 10 years from the date | 14 | | of transfer. Such record shall contain the date
of the | 15 | | transfer; the description, serial number or other information
| 16 | | identifying the firearm, stun gun, or taser if no serial | 17 | | number is available; and, if the
transfer was completed within | 18 | | this State, the transferee's Firearm Owner's
Identification | 19 | | Card number and any approval number or documentation provided | 20 | | by the Department of State Police pursuant to subsection | 21 | | (a-10) of this Section; if the transfer was not completed | 22 | | within this State, the record shall contain the name and | 23 | | address of the transferee. On or after January 1, 2006, the | 24 | | record shall contain the date of application for transfer of | 25 | | the firearm. On demand of a peace officer such transferor
| 26 | | shall produce for inspection such record of transfer. If the |
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| 1 | | transfer or sale took place at a gun show, the record shall | 2 | | include the unique identification number. Failure to record | 3 | | the unique identification number or approval number is a petty | 4 | | offense.
For transfers of a firearm, stun gun, or taser made on | 5 | | or after the effective date of this amendatory Act of the 100th | 6 | | General Assembly, failure by the private seller to maintain | 7 | | the transfer records in accordance with this Section is a | 8 | | Class A misdemeanor for the first offense and a Class 4 felony | 9 | | for a second or subsequent offense. A transferee shall not be | 10 | | criminally liable under this Section provided that he or she | 11 | | provides the Department of State Police with the transfer | 12 | | records in accordance with procedures established by the | 13 | | Department. The Department shall establish, by rule, a | 14 | | standard form on its website. | 15 | | (b-5) Any resident may purchase ammunition from a person | 16 | | within or outside of Illinois if shipment is by United States | 17 | | mail or by a private express carrier authorized by federal law | 18 | | to ship ammunition. Any resident purchasing ammunition within | 19 | | or outside the State of Illinois must provide the seller with a | 20 | | copy of his or her valid Firearm Owner's Identification Card | 21 | | or valid concealed carry license and either his or her | 22 | | Illinois driver's license or Illinois State Identification | 23 | | Card prior to the shipment of the ammunition. The ammunition | 24 | | may be shipped only to an address on either of those 2 | 25 | | documents. | 26 | | (c) The provisions of this Section regarding the transfer |
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| 1 | | of firearm
ammunition shall not apply to those persons | 2 | | specified in paragraph (b) of
Section 2 of this Act. | 3 | | (Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
| 4 | | (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)
| 5 | | Sec. 13.1. Preemption.
| 6 | | (a) (Blank). Except as otherwise provided in the Firearm | 7 | | Concealed Carry Act and subsections (b) and (c) of this | 8 | | Section, the provisions of any ordinance enacted by any | 9 | | municipality which
requires registration or imposes greater | 10 | | restrictions or limitations on the
acquisition, possession and | 11 | | transfer of firearms than are imposed by this
Act, are not | 12 | | invalidated or affected by this Act.
| 13 | | (b) The Notwithstanding subsection (a) of this Section, | 14 | | the regulation, licensing, possession, and registration of | 15 | | handguns and ammunition for a handgun, and the transportation | 16 | | of any firearm and ammunition by a holder of a valid Firearm | 17 | | Owner's Identification Card issued by the Department of State | 18 | | Police under this Act are exclusive powers and functions of | 19 | | this State. Any ordinance or regulation, or portion of that | 20 | | ordinance or regulation, enacted on or before the effective | 21 | | date of this amendatory Act of the 98th General Assembly that | 22 | | purports to impose regulations or restrictions on a holder of | 23 | | a valid Firearm Owner's Identification Card issued by the | 24 | | Department of State Police under this Act in a manner that is | 25 | | inconsistent with this Act, on the effective date of this |
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| 1 | | amendatory Act of the 98th General Assembly, shall be invalid | 2 | | in its application to a holder of a valid Firearm Owner's | 3 | | Identification Card issued by the Department of State Police | 4 | | under this Act. | 5 | | (c) Notwithstanding subsection (a) of this Section, the | 6 | | regulation of the possession or ownership of assault weapons | 7 | | are exclusive powers and functions of this State. Any | 8 | | ordinance or regulation, or portion of that ordinance or | 9 | | regulation, that purports to regulate the possession or | 10 | | ownership of assault weapons in a manner that is inconsistent | 11 | | with this Act, shall be invalid unless the ordinance or | 12 | | regulation is enacted on, before, or within 10 days after the | 13 | | effective date of this amendatory Act of the 98th General | 14 | | Assembly. Any ordinance or regulation described in this | 15 | | subsection (c) enacted more than 10 days after the effective | 16 | | date of this amendatory Act of the 98th General Assembly is | 17 | | invalid. An ordinance enacted on, before, or within 10 days | 18 | | after the effective date of this amendatory Act of the 98th | 19 | | General Assembly may be amended. The enactment or amendment of | 20 | | ordinances under this subsection (c) are subject to the | 21 | | submission requirements of Section 13.3. For the purposes of | 22 | | this subsection, "assault weapons" means firearms designated | 23 | | by either make or model or by a test or list of cosmetic | 24 | | features that cumulatively would place the firearm into a | 25 | | definition of "assault weapon" under the ordinance. | 26 | | (d) For the purposes of this Section, "handgun" means any |
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| 1 | | device which is designed to expel a projectile or projectiles | 2 | | by the action of an explosion, expansion of gas, or escape of | 3 | | gas that is designed to be held and fired by the use of a | 4 | | single hand. "Handgun" does not include: | 5 | | (1) a stun gun or taser; | 6 | | (2) a machine gun as defined in item (i) of paragraph
| 7 | | (7) of subsection (a) of Section 24-1 of the Criminal Code | 8 | | of 2012; | 9 | | (3) a short-barreled rifle or shotgun as defined in
| 10 | | item (ii) of paragraph (7) of subsection (a) of Section | 11 | | 24-1 of the Criminal Code of 2012; or | 12 | | (4) any pneumatic gun, spring gun, paint ball gun, or
| 13 | | B-B gun which expels a single globular projectile not | 14 | | exceeding .18 inch in diameter, or which has a maximum | 15 | | muzzle velocity of less than 700 feet per second, or which | 16 | | expels breakable paint balls containing washable marking | 17 | | has the meaning ascribed to it in Section 5 of the Firearm | 18 | | Concealed Carry Act . | 19 | | (e) This Section is a denial and limitation of home rule | 20 | | powers and functions under subsection (h) of Section 6 of | 21 | | Article VII of the Illinois Constitution. | 22 | | (Source: P.A. 98-63, eff. 7-9-13.)
| 23 | | (430 ILCS 66/Act rep.) | 24 | | Section 40. The Firearm Concealed Carry Act is repealed. |
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| 1 | | Section 45. The Criminal Code of 2012 is amended by | 2 | | changing Sections 24-1, 24-1.6, 24-2, and 24-3 as follows:
| 3 | | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| 4 | | Sec. 24-1. Unlawful use of weapons.
| 5 | | (a) A person commits the offense of unlawful use of | 6 | | weapons when
he knowingly:
| 7 | | (1) Sells, manufactures, purchases, possesses or | 8 | | carries any bludgeon,
black-jack, slung-shot, sand-club, | 9 | | sand-bag, metal knuckles or other knuckle weapon | 10 | | regardless of its composition, throwing star,
or any | 11 | | knife, commonly referred to as a switchblade knife, which | 12 | | has a
blade that opens automatically by hand pressure | 13 | | applied to a button,
spring or other device in the handle | 14 | | of the knife, or a ballistic knife,
which is a device that | 15 | | propels a knifelike blade as a projectile by means
of a | 16 | | coil spring, elastic material or compressed gas; or
| 17 | | (2) Carries or possesses with intent to use the same | 18 | | unlawfully
against another, a dagger, dirk, billy, | 19 | | dangerous knife, razor,
stiletto, broken bottle or other | 20 | | piece of glass, stun gun or taser or
any other dangerous or | 21 | | deadly weapon or instrument of like character; or
| 22 | | (2.5) Carries or possesses with intent to use the same | 23 | | unlawfully against another, any firearm in a church, | 24 | | synagogue, mosque, or other building, structure, or place | 25 | | used for religious worship; or |
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| 1 | | (3) Carries on or about his person or in any vehicle, a | 2 | | tear gas gun
projector or bomb or any object containing | 3 | | noxious liquid gas or
substance, other than an object | 4 | | containing a non-lethal noxious liquid gas
or substance | 5 | | designed solely for personal defense carried by a person | 6 | | 18
years of age or older; or
| 7 | | (4) Carries or possesses in any vehicle or concealed | 8 | | on or about his
person except when on his land or in his | 9 | | own abode, legal dwelling, or fixed place of
business, or | 10 | | on the land or in the legal dwelling of another person as | 11 | | an invitee with that person's permission, any pistol, | 12 | | revolver, stun gun or taser or other firearm, except
that
| 13 | | this subsection (a) (4) does not apply to or affect | 14 | | transportation of weapons
that meet one of the following | 15 | | conditions:
| 16 | | (i) are broken down in a non-functioning state; or
| 17 | | (ii) are not immediately accessible; or
| 18 | | (iii) are unloaded and enclosed in a case, firearm | 19 | | carrying box,
shipping box, or other container by a | 20 | | person who has been issued a currently
valid Firearm | 21 | | Owner's
Identification Card; or | 22 | | (iv) are carried or possessed in accordance with | 23 | | the Firearm Concealed Carry Act by a person who has | 24 | | been issued a currently valid Firearm Owner's | 25 | | Identification Card under the Firearm Owners | 26 | | Identification Card Act license under the Firearm |
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| 1 | | Concealed Carry Act ; or
| 2 | | (5) Sets a spring gun; or
| 3 | | (6) Possesses any device or attachment of any kind | 4 | | designed, used or
intended for use in silencing the report | 5 | | of any firearm; or
| 6 | | (7) Sells, manufactures, purchases, possesses or | 7 | | carries:
| 8 | | (i) a machine gun, which shall be defined for the | 9 | | purposes of this
subsection as any weapon,
which | 10 | | shoots, is designed to shoot, or can be readily | 11 | | restored to shoot,
automatically more than one shot | 12 | | without manually reloading by a single
function of the | 13 | | trigger, including the frame or receiver
of any such | 14 | | weapon, or sells, manufactures, purchases, possesses, | 15 | | or
carries any combination of parts designed or | 16 | | intended for
use in converting any weapon into a | 17 | | machine gun, or any combination or
parts from which a | 18 | | machine gun can be assembled if such parts are in the
| 19 | | possession or under the control of a person;
| 20 | | (ii) any rifle having one or
more barrels less | 21 | | than 16 inches in length or a shotgun having one or | 22 | | more
barrels less than 18 inches in length or any | 23 | | weapon made from a rifle or
shotgun, whether by | 24 | | alteration, modification, or otherwise, if such a | 25 | | weapon
as modified has an overall length of less than | 26 | | 26 inches; or
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| 1 | | (iii) any
bomb, bomb-shell, grenade, bottle or | 2 | | other container containing an
explosive substance of | 3 | | over one-quarter ounce for like purposes, such
as, but | 4 | | not limited to, black powder bombs and Molotov | 5 | | cocktails or
artillery projectiles; or
| 6 | | (8) Carries or possesses any firearm, stun gun or | 7 | | taser or other
deadly weapon in any place which is | 8 | | licensed to sell intoxicating
beverages, or at any public | 9 | | gathering held pursuant to a license issued
by any | 10 | | governmental body or any public gathering at which an | 11 | | admission
is charged, excluding a place where a showing, | 12 | | demonstration or lecture
involving the exhibition of | 13 | | unloaded firearms is conducted.
| 14 | | This subsection (a)(8) does not apply to any auction | 15 | | or raffle of a firearm
held pursuant to
a license or permit | 16 | | issued by a governmental body, nor does it apply to | 17 | | persons
engaged
in firearm safety training courses; or
| 18 | | (9) Carries or possesses in a vehicle or on or about | 19 | | his or her person any
pistol, revolver, stun gun or taser | 20 | | or firearm or ballistic knife, when
he or she is hooded, | 21 | | robed or masked in such manner as to conceal his or her | 22 | | identity; or
| 23 | | (10) Carries or possesses on or about his or her | 24 | | person, upon any public street,
alley, or other public | 25 | | lands within the corporate limits of a city, village,
or | 26 | | incorporated town, except when an invitee thereon or |
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| 1 | | therein, for the
purpose of the display of such weapon or | 2 | | the lawful commerce in weapons, or
except when on his land | 3 | | or in his or her own abode, legal dwelling, or fixed place | 4 | | of business, or on the land or in the legal dwelling of | 5 | | another person as an invitee with that person's | 6 | | permission, any
pistol, revolver, stun gun, or taser or | 7 | | other firearm, except that this
subsection (a) (10) does | 8 | | not apply to or affect transportation of weapons that
meet | 9 | | one of the following conditions:
| 10 | | (i) are broken down in a non-functioning state; or
| 11 | | (ii) are not immediately accessible; or
| 12 | | (iii) are unloaded and enclosed in a case, firearm | 13 | | carrying box,
shipping box, or other container by a | 14 | | person who has been issued a currently
valid Firearm | 15 | | Owner's
Identification Card; or
| 16 | | (iv) are carried or possessed in accordance with | 17 | | the Firearm Owners Identification Card Act Concealed | 18 | | Carry Act by a person who has been issued a currently | 19 | | valid license under the Firearm Owner's Identification | 20 | | Card Concealed Carry Act . | 21 | | A "stun gun or taser", as used in this paragraph (a) | 22 | | means (i) any device
which is powered by electrical | 23 | | charging units, such as, batteries, and
which fires one or | 24 | | several barbs attached to a length of wire and
which, upon | 25 | | hitting a human, can send out a current capable of | 26 | | disrupting
the person's nervous system in such a manner as |
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| 1 | | to render him incapable of
normal functioning or (ii) any | 2 | | device which is powered by electrical
charging units, such | 3 | | as batteries, and which, upon contact with a human or
| 4 | | clothing worn by a human, can send out current capable of | 5 | | disrupting
the person's nervous system in such a manner as | 6 | | to render him incapable
of normal functioning; or
| 7 | | (11) Sells, manufactures, or purchases any explosive | 8 | | bullet. For purposes
of this paragraph (a) "explosive | 9 | | bullet" means the projectile portion of
an ammunition | 10 | | cartridge which contains or carries an explosive charge | 11 | | which
will explode upon contact with the flesh of a human | 12 | | or an animal.
"Cartridge" means a tubular metal case | 13 | | having a projectile affixed at the
front thereof and a cap | 14 | | or primer at the rear end thereof, with the
propellant | 15 | | contained in such tube between the projectile and the cap; | 16 | | or
| 17 | | (12) (Blank); or
| 18 | | (13) Carries or possesses on or about his or her | 19 | | person while in a building occupied by a unit of | 20 | | government, a billy club, other weapon of like character, | 21 | | or other instrument of like character intended for use as | 22 | | a weapon. For the purposes of this Section, "billy club" | 23 | | means a short stick or club commonly carried by police | 24 | | officers which is either telescopic or constructed of a | 25 | | solid piece of wood or other man-made material. | 26 | | (b) Sentence. A person convicted of a violation of |
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| 1 | | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| 2 | | subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | 3 | | Class A
misdemeanor.
A person convicted of a violation of | 4 | | subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; | 5 | | a person
convicted of a violation of subsection 24-1(a)(6) or | 6 | | 24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | 7 | | convicted of a violation of subsection
24-1(a)(7)(i) commits a | 8 | | Class 2 felony and shall be sentenced to a term of imprisonment | 9 | | of not less than 3 years and not more than 7 years, unless the | 10 | | weapon is possessed in the
passenger compartment of a motor | 11 | | vehicle as defined in Section 1-146 of the
Illinois Vehicle | 12 | | Code, or on the person, while the weapon is loaded, in which
| 13 | | case it shall be a Class X felony. A person convicted of a
| 14 | | second or subsequent violation of subsection 24-1(a)(4), | 15 | | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | 16 | | felony. A person convicted of a violation of subsection | 17 | | 24-1(a)(2.5) commits a Class 2 felony. The possession of each | 18 | | weapon in violation of this Section constitutes a single and | 19 | | separate violation.
| 20 | | (c) Violations in specific places.
| 21 | | (1) A person who violates subsection 24-1(a)(6) or | 22 | | 24-1(a)(7) in any
school, regardless of the time of day or | 23 | | the time of year, in residential
property owned, operated | 24 | | or managed by a public housing agency or
leased by
a public | 25 | | housing agency as part of a scattered site or mixed-income
| 26 | | development, in a
public park, in a courthouse, on the |
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| 1 | | real property comprising any school,
regardless of the
| 2 | | time of day or the time of year, on residential property | 3 | | owned, operated
or
managed by a public housing agency
or | 4 | | leased by a public housing agency as part of a scattered | 5 | | site or
mixed-income development,
on the real property | 6 | | comprising any
public park, on the real property | 7 | | comprising any courthouse, in any conveyance
owned, leased | 8 | | or contracted by a school to
transport students to or from | 9 | | school or a school related activity, in any conveyance
| 10 | | owned, leased, or contracted by a public transportation | 11 | | agency, or on any
public way within 1,000 feet of the real | 12 | | property comprising any school,
public park, courthouse, | 13 | | public transportation facility, or residential property | 14 | | owned, operated, or managed
by a public housing agency
or | 15 | | leased by a public housing agency as part of a scattered | 16 | | site or
mixed-income development
commits a Class 2 felony | 17 | | and shall be sentenced to a term of imprisonment of not | 18 | | less than 3 years and not more than 7 years.
| 19 | | (1.5) A person who violates subsection 24-1(a)(4), | 20 | | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of | 21 | | the time of day or the time of year,
in residential | 22 | | property owned, operated, or managed by a public
housing
| 23 | | agency
or leased by a public housing agency as part of a | 24 | | scattered site or
mixed-income development,
in
a public
| 25 | | park, in a courthouse, on the real property comprising any | 26 | | school, regardless
of the time of day or the time of year, |
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| 1 | | on residential property owned,
operated, or managed by a | 2 | | public housing agency
or leased by a public housing agency | 3 | | as part of a scattered site or
mixed-income development,
| 4 | | on the real property
comprising any public park, on the | 5 | | real property comprising any courthouse, in
any conveyance | 6 | | owned, leased, or contracted by a school to transport | 7 | | students
to or from school or a school related activity, | 8 | | in any conveyance
owned, leased, or contracted by a public | 9 | | transportation agency, or on any public way within
1,000 | 10 | | feet of the real property comprising any school, public | 11 | | park, courthouse,
public transportation facility, or | 12 | | residential property owned, operated, or managed by a | 13 | | public
housing agency
or leased by a public housing agency | 14 | | as part of a scattered site or
mixed-income development
| 15 | | commits a Class 3 felony.
| 16 | | (2) A person who violates subsection 24-1(a)(1), | 17 | | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | 18 | | time of day or the time of year, in
residential property | 19 | | owned, operated or managed by a public housing
agency
or | 20 | | leased by a public housing agency as part of a scattered | 21 | | site or
mixed-income development,
in
a public park, in a | 22 | | courthouse, on the real property comprising any school,
| 23 | | regardless of the time of day or the time of year, on | 24 | | residential property
owned, operated or managed by a | 25 | | public housing agency
or leased by a public housing agency | 26 | | as part of a scattered site or
mixed-income development,
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| 1 | | on the real property
comprising any public park, on the | 2 | | real property comprising any courthouse, in
any conveyance | 3 | | owned, leased or contracted by a school to transport | 4 | | students
to or from school or a school related activity, | 5 | | in any conveyance
owned, leased, or contracted by a public | 6 | | transportation agency, or on any public way within
1,000 | 7 | | feet of the real property comprising any school, public | 8 | | park, courthouse,
public transportation facility, or | 9 | | residential property owned, operated, or managed by a | 10 | | public
housing agency or leased by a public housing agency | 11 | | as part of a scattered
site or mixed-income development | 12 | | commits a Class 4 felony. "Courthouse"
means any building | 13 | | that is used by the Circuit, Appellate, or Supreme Court | 14 | | of
this State for the conduct of official business.
| 15 | | (3) Paragraphs (1), (1.5), and (2) of this subsection | 16 | | (c) shall not
apply to law
enforcement officers or | 17 | | security officers of such school, college, or
university | 18 | | or to students carrying or possessing firearms for use in | 19 | | training
courses, parades, hunting, target shooting on | 20 | | school ranges, or otherwise with
the consent of school | 21 | | authorities and which firearms are transported unloaded
| 22 | | enclosed in a suitable case, box, or transportation | 23 | | package.
| 24 | | (4) For the purposes of this subsection (c), "school" | 25 | | means any public or
private elementary or secondary | 26 | | school, community college, college, or
university.
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| 1 | | (5) For the purposes of this subsection (c), "public | 2 | | transportation agency" means a public or private agency | 3 | | that provides for the transportation or conveyance of
| 4 | | persons by means available to the general public, except | 5 | | for transportation
by automobiles not used for conveyance | 6 | | of the general public as passengers; and "public | 7 | | transportation facility" means a terminal or other place
| 8 | | where one may obtain public transportation.
| 9 | | (d) The presence in an automobile other than a public | 10 | | omnibus of any
weapon, instrument or substance referred to in | 11 | | subsection (a)(7) is
prima facie evidence that it is in the | 12 | | possession of, and is being
carried by, all persons occupying | 13 | | such automobile at the time such
weapon, instrument or | 14 | | substance is found, except under the following
circumstances: | 15 | | (i) if such weapon, instrument or instrumentality is
found | 16 | | upon the person of one of the occupants therein; or (ii) if | 17 | | such
weapon, instrument or substance is found in an automobile | 18 | | operated for
hire by a duly licensed driver in the due, lawful | 19 | | and proper pursuit of
his or her trade, then such presumption | 20 | | shall not apply to the driver.
| 21 | | (e) Exemptions. | 22 | | (1) Crossbows, Common or Compound bows and Underwater
| 23 | | Spearguns are exempted from the definition of ballistic | 24 | | knife as defined in
paragraph (1) of subsection (a) of | 25 | | this Section. | 26 | | (2) The provision of paragraph (1) of subsection (a) |
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| 1 | | of this Section prohibiting the sale, manufacture, | 2 | | purchase, possession, or carrying of any knife, commonly | 3 | | referred to as a switchblade knife, which has a
blade that | 4 | | opens automatically by hand pressure applied to a button,
| 5 | | spring or other device in the handle of the knife, does not | 6 | | apply to a person who possesses a currently valid Firearm | 7 | | Owner's Identification Card previously issued in his or | 8 | | her name by the Department of State Police or to a person | 9 | | or an entity engaged in the business of selling or | 10 | | manufacturing switchblade knives.
| 11 | | (Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20 .)
| 12 | | (720 ILCS 5/24-1.6) | 13 | | Sec. 24-1.6. Aggravated unlawful use of a weapon. | 14 | | (a) A person commits the offense of aggravated unlawful | 15 | | use of a weapon when
he or she knowingly: | 16 | | (1) Carries on or about his or her person or in any | 17 | | vehicle or concealed
on or about his or her person except | 18 | | when on his or her land or in his or her
abode, legal | 19 | | dwelling, or fixed place of business, or on the land or in | 20 | | the legal dwelling of another person as an invitee with | 21 | | that person's permission, any pistol, revolver, stun gun | 22 | | or taser or
other firearm; or | 23 | | (2) Carries or possesses on or about his or her | 24 | | person, upon any public
street, alley, or other public | 25 | | lands within the corporate limits of a city,
village or |
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| 1 | | incorporated town, except when an invitee thereon or | 2 | | therein, for
the purpose of the display of such weapon or | 3 | | the lawful commerce in weapons, or
except when on his or | 4 | | her own land or in his or her own abode, legal dwelling, or | 5 | | fixed place of
business, or on the land or in the legal | 6 | | dwelling of another person as an invitee with that | 7 | | person's permission, any pistol, revolver, stun gun or | 8 | | taser or other firearm; and | 9 | | (3) One of the following factors is present: | 10 | | (A) the firearm, other than a pistol, revolver, or | 11 | | handgun, possessed was uncased, loaded, and | 12 | | immediately accessible
at the time of the offense; or | 13 | | (A-5) the pistol, revolver, or handgun possessed | 14 | | was uncased, loaded, and immediately accessible
at the | 15 | | time of the offense and the person possessing the | 16 | | pistol, revolver, or handgun has not been issued a | 17 | | currently valid Firearm Owner's Identification Card | 18 | | under the Firearm Owners Identification Card license | 19 | | under the Firearm Concealed Carry Act; or | 20 | | (B) the firearm, other than a pistol, revolver, or | 21 | | handgun, possessed was uncased, unloaded, and the | 22 | | ammunition for
the weapon was immediately accessible | 23 | | at the time of the offense; or | 24 | | (B-5) the pistol, revolver, or handgun possessed | 25 | | was uncased, unloaded, and the ammunition for
the | 26 | | weapon was immediately accessible at the time of the |
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| 1 | | offense and the person possessing the pistol, | 2 | | revolver, or handgun has not been issued a currently | 3 | | valid Firearm Owner's Identification Card under the | 4 | | Firearm Owners Identification Card license under the | 5 | | Firearm Concealed Carry Act; or | 6 | | (C) the person possessing the firearm has not been | 7 | | issued a currently
valid Firearm Owner's | 8 | | Identification Card; or | 9 | | (D) the person possessing the weapon was | 10 | | previously adjudicated
a delinquent minor under the | 11 | | Juvenile Court Act of 1987 for an act that if
committed | 12 | | by an adult would be a felony; or | 13 | | (E) the person possessing the weapon was engaged | 14 | | in a misdemeanor
violation of the Cannabis
Control | 15 | | Act, in a misdemeanor violation of the Illinois | 16 | | Controlled Substances
Act, or in a misdemeanor | 17 | | violation of the Methamphetamine Control and Community | 18 | | Protection Act; or | 19 | | (F) (blank); or | 20 | | (G) the person possessing the weapon had an order | 21 | | of protection issued
against him or her within the | 22 | | previous 2 years; or | 23 | | (H) the person possessing the weapon was engaged | 24 | | in the commission or
attempted commission of
a | 25 | | misdemeanor involving the use or threat of violence | 26 | | against
the person or property of another; or |
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| 1 | | (I) the person possessing the weapon was under 21 | 2 | | years of age and in
possession of a handgun, unless the | 3 | | person under 21
is engaged in lawful activities under | 4 | | the Wildlife Code or described in
subsection | 5 | | 24-2(b)(1), (b)(3), or 24-2(f). | 6 | | (a-5) "Handgun" as used in this Section has the meaning | 7 | | given to it in Section 13.1 of the Firearm Owners | 8 | | Identification Card Section 5 of the Firearm Concealed Carry | 9 | | Act. | 10 | | (b) "Stun gun or taser" as used in this Section has the | 11 | | same definition
given to it in Section 24-1 of this Code. | 12 | | (c) This Section does not apply to or affect the | 13 | | transportation or
possession
of weapons that: | 14 | | (i) are broken down in a non-functioning state; or | 15 | | (ii) are not immediately accessible; or | 16 | | (iii) are unloaded and enclosed in a case, firearm | 17 | | carrying box,
shipping box, or other container by a person | 18 | | who has been issued a currently
valid Firearm Owner's
| 19 | | Identification Card. | 20 | | (d) Sentence. | 21 | | (1) Aggravated unlawful use of a weapon is a Class 4 | 22 | | felony;
a second or subsequent offense is a Class 2 felony | 23 | | for which the person shall be sentenced to a term of | 24 | | imprisonment of not less than 3 years and not more than 7 | 25 | | years, except as provided for in Section 5-4.5-110 of the | 26 | | Unified Code of Corrections. |
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| 1 | | (2) Except as otherwise provided in paragraphs (3) and | 2 | | (4) of this subsection (d), a first offense of aggravated | 3 | | unlawful use of a weapon committed with a firearm by a | 4 | | person 18 years of age or older where the factors listed in | 5 | | both items (A) and (C) or both items (A-5) and (C) of | 6 | | paragraph (3) of subsection (a) are present is a Class 4 | 7 | | felony, for which the person shall be sentenced to a term | 8 | | of imprisonment of not less than one year and not more than | 9 | | 3 years. | 10 | | (3) Aggravated unlawful use of
a weapon by a person | 11 | | who has been previously
convicted of a felony in this | 12 | | State or another jurisdiction is a Class 2
felony for | 13 | | which the person shall be sentenced to a term of | 14 | | imprisonment of not less than 3 years and not more than 7 | 15 | | years, except as provided for in Section 5-4.5-110 of the | 16 | | Unified Code of Corrections. | 17 | | (4) Aggravated unlawful use of a weapon while wearing | 18 | | or in possession of body armor as defined in Section 33F-1 | 19 | | by a person who has not been issued a valid Firearms | 20 | | Owner's Identification Card in accordance with Section 5 | 21 | | of the Firearm Owners Identification Card Act is a Class X | 22 | | felony.
| 23 | | (e) The possession of each firearm in violation of this | 24 | | Section constitutes a single and separate violation. | 25 | | (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17 .)
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| 1 | | (720 ILCS 5/24-2)
| 2 | | Sec. 24-2. Exemptions.
| 3 | | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | 4 | | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | 5 | | the following:
| 6 | | (1) Peace officers, and any person summoned by a peace | 7 | | officer to
assist in making arrests or preserving the | 8 | | peace, while actually engaged in
assisting such officer.
| 9 | | (2) Wardens, superintendents and keepers of prisons,
| 10 | | penitentiaries, jails and other institutions for the | 11 | | detention of persons
accused or convicted of an offense, | 12 | | while in the performance of their
official duty, or while | 13 | | commuting between their homes and places of employment.
| 14 | | (3) Members of the Armed Services or Reserve Forces of | 15 | | the United States
or the Illinois National Guard or the | 16 | | Reserve Officers Training Corps,
while in the performance | 17 | | of their official duty.
| 18 | | (4) Special agents employed by a railroad or a public | 19 | | utility to
perform police functions, and guards of armored | 20 | | car companies, while
actually engaged in the performance | 21 | | of the duties of their employment or
commuting between | 22 | | their homes and places of employment; and watchmen
while | 23 | | actually engaged in the performance of the duties of their | 24 | | employment.
| 25 | | (5) Persons licensed as private security contractors, | 26 | | private
detectives, or private alarm contractors, or |
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| 1 | | employed by a private security contractor, private | 2 | | detective, or private alarm contractor agency licensed
by | 3 | | the Department of Financial and Professional Regulation, | 4 | | if their duties
include the carrying of a weapon under the | 5 | | provisions of the Private
Detective, Private Alarm,
| 6 | | Private Security, Fingerprint Vendor, and Locksmith Act of | 7 | | 2004,
while actually
engaged in the performance of the | 8 | | duties of their employment or commuting
between their | 9 | | homes and places of employment. A person shall be | 10 | | considered eligible for this
exemption if he or she has | 11 | | completed the required 20
hours of training for a private | 12 | | security contractor, private
detective, or private alarm | 13 | | contractor, or employee of a licensed private security | 14 | | contractor, private detective, or private alarm contractor | 15 | | agency and 20 hours of required firearm
training, and has | 16 | | been issued a firearm control card by
the Department of | 17 | | Financial and Professional Regulation. Conditions for the | 18 | | renewal of
firearm control cards issued under the | 19 | | provisions of this Section
shall be the same as for those | 20 | | cards issued under the provisions of the
Private | 21 | | Detective, Private Alarm,
Private Security, Fingerprint | 22 | | Vendor, and Locksmith Act of 2004. The
firearm control | 23 | | card shall be carried by the private security contractor, | 24 | | private
detective, or private alarm contractor, or | 25 | | employee of the licensed private security contractor, | 26 | | private detective, or private alarm contractor agency at |
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| 1 | | all
times when he or she is in possession of a concealable | 2 | | weapon permitted by his or her firearm control card.
| 3 | | (6) Any person regularly employed in a commercial or | 4 | | industrial
operation as a security guard for the | 5 | | protection of persons employed
and private property | 6 | | related to such commercial or industrial
operation, while | 7 | | actually engaged in the performance of his or her
duty or | 8 | | traveling between sites or properties belonging to the
| 9 | | employer, and who, as a security guard, is a member of a | 10 | | security force registered with the Department of Financial | 11 | | and Professional
Regulation; provided that such security | 12 | | guard has successfully completed a
course of study, | 13 | | approved by and supervised by the Department of
Financial | 14 | | and Professional Regulation, consisting of not less than | 15 | | 40 hours of training
that includes the theory of law | 16 | | enforcement, liability for acts, and the
handling of | 17 | | weapons. A person shall be considered eligible for this
| 18 | | exemption if he or she has completed the required 20
hours | 19 | | of training for a security officer and 20 hours of | 20 | | required firearm
training, and has been issued a firearm | 21 | | control card by
the Department of Financial and | 22 | | Professional Regulation. Conditions for the renewal of
| 23 | | firearm control cards issued under the provisions of this | 24 | | Section
shall be the same as for those cards issued under | 25 | | the provisions of the
Private Detective, Private Alarm,
| 26 | | Private Security, Fingerprint Vendor, and Locksmith Act of |
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| 1 | | 2004. The
firearm control card shall be carried by the | 2 | | security guard at all
times when he or she is in possession | 3 | | of a concealable weapon permitted by his or her firearm | 4 | | control card.
| 5 | | (7) Agents and investigators of the Illinois | 6 | | Legislative Investigating
Commission authorized by the | 7 | | Commission to carry the weapons specified in
subsections | 8 | | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| 9 | | any investigation for the Commission.
| 10 | | (8) Persons employed by a financial institution as a | 11 | | security guard for the protection of
other employees and | 12 | | property related to such financial institution, while
| 13 | | actually engaged in the performance of their duties, | 14 | | commuting between
their homes and places of employment, or | 15 | | traveling between sites or
properties owned or operated by | 16 | | such financial institution, and who, as a security guard, | 17 | | is a member of a security force registered with the | 18 | | Department; provided that
any person so employed has | 19 | | successfully completed a course of study,
approved by and | 20 | | supervised by the Department of Financial and Professional | 21 | | Regulation,
consisting of not less than 40 hours of | 22 | | training which includes theory of
law enforcement, | 23 | | liability for acts, and the handling of weapons.
A person | 24 | | shall be considered to be eligible for this exemption if | 25 | | he or
she has completed the required 20 hours of training | 26 | | for a security officer
and 20 hours of required firearm |
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| 1 | | training, and has been issued a
firearm control card by | 2 | | the Department of Financial and Professional Regulation.
| 3 | | Conditions for renewal of firearm control cards issued | 4 | | under the
provisions of this Section shall be the same as | 5 | | for those issued under the
provisions of the Private | 6 | | Detective, Private Alarm,
Private Security, Fingerprint | 7 | | Vendor, and Locksmith Act of 2004. The
firearm control | 8 | | card shall be carried by the security guard at all times | 9 | | when he or she is in possession of a concealable
weapon | 10 | | permitted by his or her firearm control card. For purposes | 11 | | of this subsection, "financial institution" means a
bank, | 12 | | savings and loan association, credit union or company | 13 | | providing
armored car services.
| 14 | | (9) Any person employed by an armored car company to | 15 | | drive an armored
car, while actually engaged in the | 16 | | performance of his duties.
| 17 | | (10) Persons who have been classified as peace | 18 | | officers pursuant
to the Peace Officer Fire Investigation | 19 | | Act.
| 20 | | (11) Investigators of the Office of the State's | 21 | | Attorneys Appellate
Prosecutor authorized by the board of | 22 | | governors of the Office of the
State's Attorneys Appellate | 23 | | Prosecutor to carry weapons pursuant to
Section 7.06 of | 24 | | the State's Attorneys Appellate Prosecutor's Act.
| 25 | | (12) Special investigators appointed by a State's | 26 | | Attorney under
Section 3-9005 of the Counties Code.
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| 1 | | (12.5) Probation officers while in the performance of | 2 | | their duties, or
while commuting between their homes, | 3 | | places of employment or specific locations
that are part | 4 | | of their assigned duties, with the consent of the chief | 5 | | judge of
the circuit for which they are employed, if they | 6 | | have received weapons training according
to requirements | 7 | | of the Peace Officer and Probation Officer Firearm | 8 | | Training Act.
| 9 | | (13) Court Security Officers while in the performance | 10 | | of their official
duties, or while commuting between their | 11 | | homes and places of employment, with
the
consent of the | 12 | | Sheriff.
| 13 | | (13.5) A person employed as an armed security guard at | 14 | | a nuclear energy,
storage, weapons or development site or | 15 | | facility regulated by the Nuclear
Regulatory Commission | 16 | | who has completed the background screening and training
| 17 | | mandated by the rules and regulations of the Nuclear | 18 | | Regulatory Commission.
| 19 | | (14) Manufacture, transportation, or sale of weapons | 20 | | to
persons
authorized under subdivisions (1) through | 21 | | (13.5) of this
subsection
to
possess those weapons.
| 22 | | (a-5) Subsections 24-1(a)(4)and 24-1(a)(10) and Section | 23 | | 24-1.6 do not apply to
or affect any person carrying a | 24 | | concealed pistol, revolver, or handgun and the person has been | 25 | | issued a currently valid Firearm Owner's Identification Card | 26 | | under the Firearm Owners Identification Card license under the |
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| 1 | | Firearm Concealed Carry Act at the time of the commission of | 2 | | the offense. | 3 | | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | 4 | | to
or affect a qualified current or retired law enforcement | 5 | | officer qualified under the laws of this State or under the | 6 | | federal Law Enforcement Officers Safety Act. | 7 | | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | 8 | | 24-1.6 do not
apply to or affect
any of the following:
| 9 | | (1) Members of any club or organization organized for | 10 | | the purpose of
practicing shooting at targets upon | 11 | | established target ranges, whether
public or private, and | 12 | | patrons of such ranges, while such members
or patrons are | 13 | | using their firearms on those target ranges.
| 14 | | (2) Duly authorized military or civil organizations | 15 | | while parading,
with the special permission of the | 16 | | Governor.
| 17 | | (3) Hunters, trappers or fishermen with a license or
| 18 | | permit while engaged in hunting,
trapping or fishing.
| 19 | | (4) Transportation of weapons that are broken down in | 20 | | a
non-functioning state or are not immediately accessible.
| 21 | | (5) Carrying or possessing any pistol, revolver, stun | 22 | | gun or taser or other firearm on the land or in the legal | 23 | | dwelling of another person as an invitee with that | 24 | | person's permission. | 25 | | (c) Subsection 24-1(a)(7) does not apply to or affect any | 26 | | of the
following:
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| 1 | | (1) Peace officers while in performance of their | 2 | | official duties.
| 3 | | (2) Wardens, superintendents and keepers of prisons, | 4 | | penitentiaries,
jails and other institutions for the | 5 | | detention of persons accused or
convicted of an offense.
| 6 | | (3) Members of the Armed Services or Reserve Forces of | 7 | | the United States
or the Illinois National Guard, while in | 8 | | the performance of their official
duty.
| 9 | | (4) Manufacture, transportation, or sale of machine | 10 | | guns to persons
authorized under subdivisions (1) through | 11 | | (3) of this subsection to
possess machine guns, if the | 12 | | machine guns are broken down in a
non-functioning state or | 13 | | are not immediately accessible.
| 14 | | (5) Persons licensed under federal law to manufacture | 15 | | any weapon from
which 8 or more shots or bullets can be | 16 | | discharged by a
single function of the firing device, or | 17 | | ammunition for such weapons, and
actually engaged in the | 18 | | business of manufacturing such weapons or
ammunition, but | 19 | | only with respect to activities which are within the | 20 | | lawful
scope of such business, such as the manufacture, | 21 | | transportation, or testing
of such weapons or ammunition. | 22 | | This exemption does not authorize the
general private | 23 | | possession of any weapon from which 8 or more
shots or | 24 | | bullets can be discharged by a single function of the | 25 | | firing
device, but only such possession and activities as | 26 | | are within the lawful
scope of a licensed manufacturing |
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| 1 | | business described in this paragraph.
| 2 | | During transportation, such weapons shall be broken | 3 | | down in a
non-functioning state or not immediately | 4 | | accessible.
| 5 | | (6) The manufacture, transport, testing, delivery, | 6 | | transfer or sale,
and all lawful commercial or | 7 | | experimental activities necessary thereto, of
rifles, | 8 | | shotguns, and weapons made from rifles or shotguns,
or | 9 | | ammunition for such rifles, shotguns or weapons, where | 10 | | engaged in
by a person operating as a contractor or | 11 | | subcontractor pursuant to a
contract or subcontract for | 12 | | the development and supply of such rifles,
shotguns, | 13 | | weapons or ammunition to the United States government or | 14 | | any
branch of the Armed Forces of the United States, when | 15 | | such activities are
necessary and incident to fulfilling | 16 | | the terms of such contract.
| 17 | | The exemption granted under this subdivision (c)(6)
| 18 | | shall also apply to any authorized agent of any such | 19 | | contractor or
subcontractor who is operating within the | 20 | | scope of his employment, where
such activities involving | 21 | | such weapon, weapons or ammunition are necessary
and | 22 | | incident to fulfilling the terms of such contract.
| 23 | | (7) A person possessing a rifle with a barrel or | 24 | | barrels less than 16 inches in length if: (A) the person | 25 | | has been issued a Curios and Relics license from the U.S. | 26 | | Bureau of Alcohol, Tobacco, Firearms and Explosives; or |
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| 1 | | (B) the person is an active member of a bona fide, | 2 | | nationally recognized military re-enacting group and the | 3 | | modification is required and necessary to accurately | 4 | | portray the weapon for historical re-enactment purposes; | 5 | | the re-enactor is in possession of a valid and current | 6 | | re-enacting group membership credential; and the overall | 7 | | length of the weapon as modified is not less than 26 | 8 | | inches. | 9 | | (d) Subsection 24-1(a)(1) does not apply to the purchase, | 10 | | possession
or carrying of a black-jack or slung-shot by a | 11 | | peace officer.
| 12 | | (e) Subsection 24-1(a)(8) does not apply to any owner, | 13 | | manager or
authorized employee of any place specified in that | 14 | | subsection nor to any
law enforcement officer.
| 15 | | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | 16 | | Section 24-1.6
do not apply
to members of any club or | 17 | | organization organized for the purpose of practicing
shooting | 18 | | at targets upon established target ranges, whether public or | 19 | | private,
while using their firearms on those target ranges.
| 20 | | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | 21 | | to:
| 22 | | (1) 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 | | (2) Bonafide collectors of antique or surplus military | 26 | | ordnance.
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| 1 | | (3) Laboratories having a department of forensic | 2 | | ballistics, or
specializing in the development of | 3 | | ammunition or explosive ordnance.
| 4 | | (4) Commerce, preparation, assembly or possession of | 5 | | explosive
bullets by manufacturers of ammunition licensed | 6 | | by the federal government,
in connection with the supply | 7 | | of those organizations and persons exempted
by subdivision | 8 | | (g)(1) of this Section, or like organizations and persons
| 9 | | outside this State, or the transportation of explosive | 10 | | bullets to any
organization or person exempted in this | 11 | | Section by a common carrier or by a
vehicle owned or leased | 12 | | by an exempted manufacturer.
| 13 | | (g-5) Subsection 24-1(a)(6) does not apply to or affect | 14 | | persons licensed
under federal law to manufacture any device | 15 | | or attachment of any kind designed,
used, or intended for use | 16 | | in silencing the report of any firearm, firearms, or
| 17 | | ammunition
for those firearms equipped with those devices, and | 18 | | actually engaged in the
business of manufacturing those | 19 | | devices, firearms, or ammunition, but only with
respect to
| 20 | | activities that are within the lawful scope of that business, | 21 | | such as the
manufacture, transportation, or testing of those | 22 | | devices, firearms, or
ammunition. This
exemption does not | 23 | | authorize the general private possession of any device or
| 24 | | attachment of any kind designed, used, or intended for use in | 25 | | silencing the
report of any firearm, but only such possession | 26 | | and activities as are within
the
lawful scope of a licensed |
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| 1 | | manufacturing business described in this subsection
(g-5). | 2 | | During transportation, these devices shall be detached from | 3 | | any weapon
or
not immediately accessible.
| 4 | | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| 5 | | 24-1.6 do not apply to
or affect any parole agent or parole | 6 | | supervisor who meets the qualifications and conditions | 7 | | prescribed in Section 3-14-1.5 of the Unified Code of | 8 | | Corrections. | 9 | | (g-7) Subsection 24-1(a)(6) does not apply to a peace | 10 | | officer while serving as a member of a tactical response team | 11 | | or special operations team. A peace officer may not personally | 12 | | own or apply for ownership of a device or attachment of any | 13 | | kind designed, used, or intended for use in silencing the | 14 | | report of any firearm. These devices shall be owned and | 15 | | maintained by lawfully recognized units of government whose | 16 | | duties include the investigation of criminal acts. | 17 | | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | 18 | | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | 19 | | athlete's possession, transport on official Olympic and | 20 | | Paralympic transit systems established for athletes, or use of | 21 | | competition firearms sanctioned by the International Olympic | 22 | | Committee, the International Paralympic Committee, the | 23 | | International Shooting Sport Federation, or USA Shooting in | 24 | | connection with such athlete's training for and participation | 25 | | in shooting competitions at the 2016 Olympic and Paralympic | 26 | | Games and sanctioned test events leading up to the 2016 |
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| 1 | | Olympic and Paralympic Games. | 2 | | (h) An information or indictment based upon a violation of | 3 | | any
subsection of this Article need not negative any | 4 | | exemptions contained in
this Article. The defendant shall have | 5 | | the burden of proving such an
exemption.
| 6 | | (i) Nothing in this Article shall prohibit, apply to, or | 7 | | affect
the transportation, carrying, or possession, of any | 8 | | pistol or revolver,
stun gun, taser, or other firearm | 9 | | consigned to a common carrier operating
under license of the | 10 | | State of Illinois or the federal government, where
such | 11 | | transportation, carrying, or possession is incident to the | 12 | | lawful
transportation in which such common carrier is engaged; | 13 | | and nothing in this
Article shall prohibit, apply to, or | 14 | | affect the transportation, carrying,
or possession of any | 15 | | pistol, revolver, stun gun, taser, or other firearm,
not the | 16 | | subject of and regulated by subsection 24-1(a)(7) or | 17 | | subsection
24-2(c) of this Article, which is unloaded and | 18 | | enclosed in a case, firearm
carrying box, shipping box, or | 19 | | other container, by the possessor of a valid
Firearm Owners | 20 | | Identification Card.
| 21 | | (Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
| 22 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| 23 | | Sec. 24-3. Unlawful sale or delivery of firearms.
| 24 | | (A) A person commits the offense of unlawful sale or | 25 | | delivery of firearms when he
or she knowingly does any of the |
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| 1 | | following:
| 2 | | (a) Sells or gives any firearm of a size which may be | 3 | | concealed upon the
person to any person under 18 years of | 4 | | age.
| 5 | | (b) Sells or gives any firearm to a person under 21 | 6 | | years of age who has
been convicted of a misdemeanor other | 7 | | than a traffic offense or adjudged
delinquent.
| 8 | | (c) Sells or gives any firearm to any narcotic addict.
| 9 | | (d) Sells or gives any firearm to any person who has | 10 | | been convicted of a
felony under the laws of this or any | 11 | | other jurisdiction.
| 12 | | (e) Sells or gives any firearm to any person who has | 13 | | been a patient in a
mental institution within the past 5 | 14 | | years. In this subsection (e): | 15 | | "Mental institution" means any hospital, | 16 | | institution, clinic, evaluation facility, mental | 17 | | health center, or part thereof, which is used | 18 | | primarily for the care or treatment of persons with | 19 | | mental illness. | 20 | | "Patient in a mental institution" means the person | 21 | | was admitted, either voluntarily or involuntarily, to | 22 | | a mental institution for mental health treatment, | 23 | | unless the treatment was voluntary and solely for an | 24 | | alcohol abuse disorder and no other secondary | 25 | | substance abuse disorder or mental illness.
| 26 | | (f) Sells or gives any firearms to any person who is a |
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| 1 | | person with an intellectual disability.
| 2 | | (g) Delivers any firearm, incidental to a sale, | 3 | | without withholding delivery of the firearm
for at least | 4 | | 72 hours after application for its purchase has been made, | 5 | | or
delivers a stun gun or taser, incidental to a sale,
| 6 | | without withholding delivery of the stun gun or taser for
| 7 | | at least 24 hours after application for its purchase has | 8 | | been made.
However,
this paragraph (g) does not apply to: | 9 | | (1) the sale of a firearm
to a law enforcement officer if | 10 | | the seller of the firearm knows that the person to whom he | 11 | | or she is selling the firearm is a law enforcement officer | 12 | | or the sale of a firearm to a person who desires to | 13 | | purchase a firearm for
use in promoting the public | 14 | | interest incident to his or her employment as a
bank | 15 | | guard, armed truck guard, or other similar employment; (2) | 16 | | a mail
order sale of a firearm from a federally licensed | 17 | | firearms dealer to a nonresident of Illinois under which | 18 | | the firearm
is mailed to a federally licensed firearms | 19 | | dealer outside the boundaries of Illinois; (3) (blank); | 20 | | (4) the sale of a
firearm to a dealer licensed as a federal | 21 | | firearms dealer under Section 923
of the federal Gun | 22 | | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or | 23 | | sale of any rifle, shotgun, or other long gun to a resident | 24 | | registered competitor or attendee or non-resident | 25 | | registered competitor or attendee by any dealer licensed | 26 | | as a federal firearms dealer under Section 923 of the |
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| 1 | | federal Gun Control Act of 1968 at competitive shooting | 2 | | events held at the World Shooting Complex sanctioned by a | 3 | | national governing body. For purposes of transfers or | 4 | | sales under subparagraph (5) of this paragraph (g), the | 5 | | Department of Natural Resources shall give notice to the | 6 | | Department of State Police at least 30 calendar days prior | 7 | | to any competitive shooting events at the World Shooting | 8 | | Complex sanctioned by a national governing body. The | 9 | | notification shall be made on a form prescribed by the | 10 | | Department of State Police. The sanctioning body shall | 11 | | provide a list of all registered competitors and attendees | 12 | | at least 24 hours before the events to the Department of | 13 | | State Police. Any changes to the list of registered | 14 | | competitors and attendees shall be forwarded to the | 15 | | Department of State Police as soon as practicable. The | 16 | | Department of State Police must destroy the list of | 17 | | registered competitors and attendees no later than 30 days | 18 | | after the date of the event. Nothing in this paragraph (g) | 19 | | relieves a federally licensed firearm dealer from the | 20 | | requirements of conducting a NICS background check through | 21 | | the Illinois Point of Contact under 18 U.S.C. 922(t). For | 22 | | purposes of this paragraph (g), "application" means when | 23 | | the buyer and seller reach an agreement to purchase a | 24 | | firearm.
For purposes of this paragraph (g), "national | 25 | | governing body" means a group of persons who adopt rules | 26 | | and formulate policy on behalf of a national firearm |
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| 1 | | sporting organization.
| 2 | | (h) While holding any license
as a dealer,
importer, | 3 | | manufacturer or pawnbroker
under the federal Gun Control | 4 | | Act of 1968,
manufactures, sells or delivers to any | 5 | | unlicensed person a handgun having
a barrel, slide, frame | 6 | | or receiver which is a die casting of zinc alloy or
any | 7 | | other nonhomogeneous metal which will melt or deform at a | 8 | | temperature
of less than 800 degrees Fahrenheit. For | 9 | | purposes of this paragraph, (1)
"firearm" is defined as in | 10 | | the Firearm Owners Identification Card Act; and (2)
| 11 | | "handgun" is defined as a firearm designed to be held
and | 12 | | fired by the use of a single hand, and includes a | 13 | | combination of parts from
which such a firearm can be | 14 | | assembled.
| 15 | | (i) Sells or gives a firearm of any size to any person | 16 | | under 18 years of
age who does not possess a valid Firearm | 17 | | Owner's Identification Card.
| 18 | | (j) Sells or gives a firearm while engaged in the | 19 | | business of selling
firearms at wholesale or retail | 20 | | without being licensed as a federal firearms
dealer under | 21 | | Section 923 of the federal Gun Control Act of 1968 (18 | 22 | | U.S.C.
923). In this paragraph (j):
| 23 | | A person "engaged in the business" means a person who | 24 | | devotes time,
attention, and
labor to
engaging in the | 25 | | activity as a regular course of trade or business with the
| 26 | | principal objective of livelihood and profit, but does not |
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| 1 | | include a person who
makes occasional repairs of firearms | 2 | | or who occasionally fits special barrels,
stocks, or | 3 | | trigger mechanisms to firearms.
| 4 | | "With the principal objective of livelihood and | 5 | | profit" means that the
intent
underlying the sale or | 6 | | disposition of firearms is predominantly one of
obtaining | 7 | | livelihood and pecuniary gain, as opposed to other | 8 | | intents, such as
improving or liquidating a personal | 9 | | firearms collection; however, proof of
profit shall not be | 10 | | required as to a person who engages in the regular and
| 11 | | repetitive purchase and disposition of firearms for | 12 | | criminal purposes or
terrorism.
| 13 | | (k) Sells or transfers ownership of a firearm to a | 14 | | person who does not display to the seller or transferor of | 15 | | the firearm either: (1) a currently valid Firearm Owner's | 16 | | Identification Card that has previously been issued in the | 17 | | transferee's name by the Department of State Police under | 18 | | the provisions of the Firearm Owners Identification Card | 19 | | Act ; or (2) a currently valid license to carry a concealed | 20 | | firearm that has previously been issued in the | 21 | | transferee's name by the
Department of State Police under | 22 | | the Firearm Concealed Carry Act . This paragraph (k) does | 23 | | not apply to the transfer of a firearm to a person who is | 24 | | exempt from the requirement of possessing a Firearm | 25 | | Owner's Identification Card under Section 2 of the Firearm | 26 | | Owners Identification Card Act. For the purposes of this |
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| 1 | | Section, a currently valid Firearm Owner's Identification | 2 | | Card means (i) a Firearm Owner's Identification Card that | 3 | | has not expired or (ii) an approval number issued in | 4 | | accordance with subsection (a-10) of subsection 3 or | 5 | | Section 3.1 of the Firearm Owners Identification Card Act | 6 | | shall be proof that the Firearm Owner's Identification | 7 | | Card was valid. | 8 | | (1) In addition to the other requirements of this | 9 | | paragraph (k), all persons who are not federally | 10 | | licensed firearms dealers must also have complied with | 11 | | subsection (a-10) of Section 3 of the Firearm Owners | 12 | | Identification Card Act by determining the validity of | 13 | | a purchaser's Firearm Owner's Identification Card. | 14 | | (2) All sellers or transferors who have complied | 15 | | with the requirements of subparagraph (1) of this | 16 | | paragraph (k) shall not be liable for damages in any | 17 | | civil action arising from the use or misuse by the | 18 | | transferee of the firearm transferred, except for | 19 | | willful or wanton misconduct on the part of the seller | 20 | | or transferor. | 21 | | (l) Not
being entitled to the possession of a firearm, | 22 | | delivers the
firearm, knowing it to have been stolen or | 23 | | converted. It may be inferred that
a person who possesses | 24 | | a firearm with knowledge that its serial number has
been | 25 | | removed or altered has knowledge that the firearm is | 26 | | stolen or converted. |
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| 1 | | (B) Paragraph (h) of subsection (A) does not include | 2 | | firearms sold within 6
months after enactment of Public
Act | 3 | | 78-355 (approved August 21, 1973, effective October 1, 1973), | 4 | | nor is any
firearm legally owned or
possessed by any citizen or | 5 | | purchased by any citizen within 6 months after the
enactment | 6 | | of Public Act 78-355 subject
to confiscation or seizure under | 7 | | the provisions of that Public Act. Nothing in
Public Act | 8 | | 78-355 shall be construed to prohibit the gift or trade of
any | 9 | | firearm if that firearm was legally held or acquired within 6 | 10 | | months after
the enactment of that Public Act.
| 11 | | (C) Sentence.
| 12 | | (1) Any person convicted of unlawful sale or delivery | 13 | | of firearms in violation of
paragraph (c), (e), (f), (g), | 14 | | or (h) of subsection (A) commits a Class
4
felony.
| 15 | | (2) Any person convicted of unlawful sale or delivery | 16 | | of firearms in violation of
paragraph (b) or (i) of | 17 | | subsection (A) commits a Class 3 felony.
| 18 | | (3) Any person convicted of unlawful sale or delivery | 19 | | of firearms in violation of
paragraph (a) of subsection | 20 | | (A) commits a Class 2 felony.
| 21 | | (4) Any person convicted of unlawful sale or delivery | 22 | | of firearms in violation of
paragraph (a), (b), or (i) of | 23 | | subsection (A) in any school, on the real
property | 24 | | comprising a school, within 1,000 feet of the real | 25 | | property comprising
a school, at a school related | 26 | | activity, or on or within 1,000 feet of any
conveyance |
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| 1 | | owned, leased, or contracted by a school or school | 2 | | district to
transport students to or from school or a | 3 | | school related activity,
regardless of the time of day or | 4 | | time of year at which the offense
was committed, commits a | 5 | | Class 1 felony. Any person convicted of a second
or | 6 | | subsequent violation of unlawful sale or delivery of | 7 | | firearms in violation of paragraph
(a), (b), or (i) of | 8 | | subsection (A) in any school, on the real property
| 9 | | comprising a school, within 1,000 feet of the real | 10 | | property comprising a
school, at a school related | 11 | | activity, or on or within 1,000 feet of any
conveyance | 12 | | owned, leased, or contracted by a school or school | 13 | | district to
transport students to or from school or a | 14 | | school related activity,
regardless of the time of day or | 15 | | time of year at which the offense
was committed, commits a | 16 | | Class 1 felony for which the sentence shall be a
term of | 17 | | imprisonment of no less than 5 years and no more than 15 | 18 | | years.
| 19 | | (5) Any person convicted of unlawful sale or delivery | 20 | | of firearms in violation of
paragraph (a) or (i) of | 21 | | subsection (A) in residential property owned,
operated, or | 22 | | managed by a public housing agency or leased by a public | 23 | | housing
agency as part of a scattered site or mixed-income | 24 | | development, in a public
park, in a
courthouse, on | 25 | | residential property owned, operated, or managed by a | 26 | | public
housing agency or leased by a public housing agency |
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| 1 | | as part of a scattered site
or mixed-income development, | 2 | | on the real property comprising any public park,
on the | 3 | | real
property comprising any courthouse, or on any public | 4 | | way within 1,000 feet
of the real property comprising any | 5 | | public park, courthouse, or residential
property owned, | 6 | | operated, or managed by a public housing agency or leased | 7 | | by a
public housing agency as part of a scattered site or | 8 | | mixed-income development
commits a
Class 2 felony.
| 9 | | (6) Any person convicted of unlawful sale or delivery | 10 | | of firearms in violation of
paragraph (j) of subsection | 11 | | (A) commits a Class A misdemeanor. A second or
subsequent | 12 | | violation is a Class 4 felony. | 13 | | (7) Any person convicted of unlawful sale or delivery | 14 | | of firearms in violation of paragraph (k) of subsection | 15 | | (A) commits a Class 4 felony, except that a violation of | 16 | | subparagraph (1) of paragraph (k) of subsection (A) shall | 17 | | not be punishable as a crime or petty offense. A third or | 18 | | subsequent conviction for a violation of paragraph (k) of | 19 | | subsection (A) is a Class 1 felony.
| 20 | | (8) A person 18 years of age or older convicted of | 21 | | unlawful sale or delivery of firearms in violation of | 22 | | paragraph (a) or (i) of subsection (A), when the firearm | 23 | | that was sold or given to another person under 18 years of | 24 | | age was used in the commission of or attempt to commit a | 25 | | forcible felony, shall be fined or imprisoned, or both, | 26 | | not to exceed the maximum provided for the most serious |
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| 1 | | forcible felony so committed or attempted by the person | 2 | | under 18 years of age who was sold or given the firearm. | 3 | | (9) Any person convicted of unlawful sale or delivery | 4 | | of firearms in violation of
paragraph (d) of subsection | 5 | | (A) commits a Class 3 felony. | 6 | | (10) Any person convicted of unlawful sale or delivery | 7 | | of firearms in violation of paragraph (l) of subsection | 8 | | (A) commits a Class 2 felony if the delivery is of one | 9 | | firearm. Any person convicted of unlawful sale or delivery | 10 | | of firearms in violation of paragraph (l) of subsection | 11 | | (A) commits a Class 1 felony if the delivery is of not less | 12 | | than 2 and not more than 5 firearms at the
same time or | 13 | | within a one year period. Any person convicted of unlawful | 14 | | sale or delivery of firearms in violation of paragraph (l) | 15 | | of subsection (A) commits a Class X felony for which he or | 16 | | she shall be sentenced
to a term of imprisonment of not | 17 | | less than 6 years and not more than 30
years if the | 18 | | delivery is of not less than 6 and not more than 10 | 19 | | firearms at the
same time or within a 2 year period. Any | 20 | | person convicted of unlawful sale or delivery of firearms | 21 | | in violation of paragraph (l) of subsection (A) commits a | 22 | | Class X felony for which he or she shall be sentenced
to a | 23 | | term of imprisonment of not less than 6 years and not more | 24 | | than 40
years if the delivery is of not less than 11 and | 25 | | not more than 20 firearms at the
same time or within a 3 | 26 | | year period. Any person convicted of unlawful sale or |
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| 1 | | delivery of firearms in violation of paragraph (l) of | 2 | | subsection (A) commits a Class X felony for which he or she | 3 | | shall be sentenced
to a term of imprisonment of not less | 4 | | than 6 years and not more than 50
years if the delivery is | 5 | | of not less than 21 and not more than 30 firearms at the
| 6 | | same time or within a 4 year period. Any person convicted | 7 | | of unlawful sale or delivery of firearms in violation of | 8 | | paragraph (l) of subsection (A) commits a Class X felony | 9 | | for which he or she shall be sentenced
to a term of | 10 | | imprisonment of not less than 6 years and not more than 60
| 11 | | years if the delivery is of 31 or more firearms at the
same | 12 | | time or within a 5 year period. | 13 | | (D) For purposes of this Section:
| 14 | | "School" means a public or private elementary or secondary | 15 | | school,
community college, college, or university.
| 16 | | "School related activity" means any sporting, social, | 17 | | academic, or
other activity for which students' attendance or | 18 | | participation is sponsored,
organized, or funded in whole or | 19 | | in part by a school or school district.
| 20 | | (E) A prosecution for a violation of paragraph (k) of | 21 | | subsection (A) of this Section may be commenced within 6 years | 22 | | after the commission of the offense. A prosecution for a | 23 | | violation of this Section other than paragraph (g) of | 24 | | subsection (A) of this Section may be commenced within 5 years | 25 | | after the commission of the offense defined in the particular | 26 | | paragraph.
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| 1 | | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | 2 | | 99-642, eff. 7-28-16; 100-606, eff. 1-1-19 .)
| 3 | | Section 50. The Unified Code of Corrections is amended by | 4 | | changing Section 5-6-1 as follows:
| 5 | | (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)
| 6 | | Sec. 5-6-1. Sentences of probation and of conditional
| 7 | | discharge and disposition of supervision.
The General | 8 | | Assembly finds that in order to protect the public, the
| 9 | | criminal justice system must compel compliance with the | 10 | | conditions of probation
by responding to violations with | 11 | | swift, certain and fair punishments and
intermediate | 12 | | sanctions. The Chief Judge of each circuit shall adopt a | 13 | | system of
structured, intermediate sanctions for violations of | 14 | | the terms and conditions
of a sentence of probation, | 15 | | conditional discharge or disposition of
supervision.
| 16 | | (a) Except where specifically prohibited by other
| 17 | | provisions of this Code, the court shall impose a sentence
of | 18 | | probation or conditional discharge upon an offender
unless, | 19 | | having regard to the nature and circumstance of
the offense, | 20 | | and to the history, character and condition
of the offender, | 21 | | the court is of the opinion that:
| 22 | | (1) his imprisonment or periodic imprisonment is | 23 | | necessary
for the protection of the public; or
| 24 | | (2) probation or conditional discharge would deprecate
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| 1 | | the seriousness of the offender's conduct and would be
| 2 | | inconsistent with the ends of justice; or
| 3 | | (3) a combination of imprisonment with concurrent or | 4 | | consecutive probation when an offender has been admitted | 5 | | into a drug court program under Section 20 of the Drug | 6 | | Court Treatment Act is necessary for the protection of the | 7 | | public and for the rehabilitation of the offender.
| 8 | | The court shall impose as a condition of a sentence of | 9 | | probation,
conditional discharge, or supervision, that the | 10 | | probation agency may invoke any
sanction from the list of | 11 | | intermediate sanctions adopted by the chief judge of
the | 12 | | circuit court for violations of the terms and conditions of | 13 | | the sentence of
probation, conditional discharge, or | 14 | | supervision, subject to the provisions of
Section 5-6-4 of | 15 | | this Act.
| 16 | | (b) The court may impose a sentence of conditional
| 17 | | discharge for an offense if the court is of the opinion
that | 18 | | neither a sentence of imprisonment nor of periodic
| 19 | | imprisonment nor of probation supervision is appropriate.
| 20 | | (b-1) Subsections (a) and (b) of this Section do not apply | 21 | | to a defendant charged with a misdemeanor or felony under the | 22 | | Illinois Vehicle Code or reckless homicide under Section 9-3 | 23 | | of the Criminal Code of 1961 or the Criminal Code of 2012 if | 24 | | the defendant within the past 12 months has been convicted of | 25 | | or pleaded guilty to a misdemeanor or felony under the | 26 | | Illinois Vehicle Code or reckless homicide under Section 9-3 |
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| 1 | | of the Criminal Code of 1961 or the Criminal Code of 2012. | 2 | | (c) The court may, upon a plea of guilty or a stipulation
| 3 | | by the defendant of the facts supporting the charge or a
| 4 | | finding of guilt, defer further proceedings and the
imposition | 5 | | of a sentence, and enter an order for supervision of the | 6 | | defendant,
if the defendant is not charged with: (i) a Class A | 7 | | misdemeanor, as
defined by the following provisions of the | 8 | | Criminal Code of 1961 or the Criminal Code of 2012: Sections
| 9 | | 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6; | 10 | | 31-7; paragraphs (2) and (3) of subsection (a) of Section
| 11 | | 21-1;
paragraph (1) through (5), (8), (10), and (11) of | 12 | | subsection (a) of Section
24-1; (ii) a Class A misdemeanor | 13 | | violation of Section
3.01,
3.03-1, or 4.01 of the Humane Care
| 14 | | for Animals Act; or (iii)
a felony.
If the defendant
is not | 15 | | barred from receiving an order for supervision as provided in | 16 | | this
subsection, the court may enter an order for supervision | 17 | | after considering the
circumstances of the offense, and the | 18 | | history,
character and condition of the offender, if the court | 19 | | is of the opinion
that:
| 20 | | (1) the offender is not likely to commit further | 21 | | crimes;
| 22 | | (2) the defendant and the public would be best served | 23 | | if the
defendant were not to receive a criminal record; | 24 | | and
| 25 | | (3) in the best interests of justice an order of | 26 | | supervision
is more appropriate than a sentence otherwise |
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| 1 | | permitted under this Code.
| 2 | | (c-5) Subsections (a), (b), and (c) of this Section do not | 3 | | apply to a defendant charged with a second or subsequent | 4 | | violation of Section 6-303 of the Illinois Vehicle Code | 5 | | committed while his or her driver's license, permit or | 6 | | privileges were revoked because of a violation of Section 9-3 | 7 | | of the Criminal Code of 1961 or the Criminal Code of 2012, | 8 | | relating to the offense of reckless homicide, or a similar | 9 | | provision of a law of another state.
| 10 | | (d) The provisions of paragraph (c) shall not apply to a | 11 | | defendant charged
with violating Section 11-501 of the | 12 | | Illinois Vehicle Code or a similar
provision of a local
| 13 | | ordinance when the defendant has previously been:
| 14 | | (1) convicted for a violation of Section 11-501 of
the | 15 | | Illinois Vehicle
Code or a similar provision of a
local | 16 | | ordinance or any similar law or ordinance of another | 17 | | state; or
| 18 | | (2) assigned supervision for a violation of Section | 19 | | 11-501 of the Illinois
Vehicle Code or a similar provision | 20 | | of a local ordinance or any similar law
or ordinance of | 21 | | another state; or
| 22 | | (3) pleaded guilty to or stipulated to the facts | 23 | | supporting
a charge or a finding of guilty to a violation | 24 | | of Section 11-503 of the
Illinois Vehicle Code or a | 25 | | similar provision of a local ordinance or any
similar law | 26 | | or ordinance of another state, and the
plea or stipulation |
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| 1 | | was the result of a plea agreement.
| 2 | | The court shall consider the statement of the prosecuting
| 3 | | authority with regard to the standards set forth in this | 4 | | Section.
| 5 | | (e) The provisions of paragraph (c) shall not apply to a | 6 | | defendant
charged with violating Section 16-25 or 16A-3 of the | 7 | | Criminal Code of 1961 or the Criminal Code of 2012 if said
| 8 | | defendant has within the last 5 years been:
| 9 | | (1) convicted for a violation of Section 16-25 or | 10 | | 16A-3 of the Criminal Code of
1961 or the Criminal Code of | 11 | | 2012; or
| 12 | | (2) assigned supervision for a violation of Section | 13 | | 16-25 or 16A-3 of the Criminal
Code of 1961 or the Criminal | 14 | | Code of 2012.
| 15 | | The court shall consider the statement of the prosecuting | 16 | | authority with
regard to the standards set forth in this | 17 | | Section.
| 18 | | (f) The provisions of paragraph (c) shall not apply to a | 19 | | defendant
charged with: (1) violating Sections 15-111, 15-112, | 20 | | 15-301, paragraph (b)
of Section 6-104, Section 11-605, | 21 | | paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or | 22 | | Section 11-1414
of the Illinois Vehicle Code or a similar | 23 | | provision of a local ordinance; or (2) committing a Class A | 24 | | misdemeanor under subsection (c) of Section 11-907 of the | 25 | | Illinois Vehicle Code or a similar provision of a local | 26 | | ordinance.
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| 1 | | (g) Except as otherwise provided in paragraph (i) of this | 2 | | Section, the
provisions of paragraph (c) shall not apply to a
| 3 | | defendant charged with violating Section
3-707, 3-708, 3-710, | 4 | | or 5-401.3
of the Illinois Vehicle Code or a similar provision | 5 | | of a local ordinance if the
defendant has within the last 5 | 6 | | years been:
| 7 | | (1) convicted for a violation of Section 3-707, 3-708, | 8 | | 3-710, or 5-401.3
of the Illinois Vehicle Code or a | 9 | | similar provision of a local
ordinance; or
| 10 | | (2) assigned supervision for a violation of Section | 11 | | 3-707, 3-708, 3-710,
or 5-401.3 of the Illinois Vehicle | 12 | | Code or a similar provision of a local
ordinance.
| 13 | | The court shall consider the statement of the prosecuting | 14 | | authority with
regard to the standards set forth in this | 15 | | Section.
| 16 | | (h) The provisions of paragraph (c) shall not apply to a | 17 | | defendant under
the age of 21 years charged with violating a | 18 | | serious traffic offense as defined
in Section 1-187.001 of the | 19 | | Illinois Vehicle Code:
| 20 | | (1) unless the defendant, upon payment of the fines, | 21 | | penalties, and costs
provided by law, agrees to attend and | 22 | | successfully complete a traffic safety
program approved by | 23 | | the court under standards set by the Conference of Chief
| 24 | | Circuit Judges. The accused shall be responsible for | 25 | | payment of any traffic
safety program fees. If the accused | 26 | | fails to file a certificate of
successful completion on or |
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| 1 | | before the termination date of the supervision
order, the | 2 | | supervision shall be summarily revoked and conviction | 3 | | entered. The
provisions of Supreme Court Rule 402 relating | 4 | | to pleas of guilty do not apply
in cases when a defendant | 5 | | enters a guilty plea under this provision; or
| 6 | | (2) if the defendant has previously been sentenced | 7 | | under the provisions of
paragraph (c) on or after January | 8 | | 1, 1998 for any serious traffic offense as
defined in | 9 | | Section 1-187.001 of the Illinois Vehicle Code.
| 10 | | (h-1) The provisions of paragraph (c) shall not apply to a | 11 | | defendant under the age of 21 years charged with an offense | 12 | | against traffic regulations governing the movement of vehicles | 13 | | or any violation of Section 6-107 or Section 12-603.1 of the | 14 | | Illinois Vehicle Code, unless the defendant, upon payment of | 15 | | the fines, penalties, and costs provided by law, agrees to | 16 | | attend and successfully complete a traffic safety program | 17 | | approved by the court under standards set by the Conference of | 18 | | Chief Circuit Judges. The accused shall be responsible for | 19 | | payment of any traffic safety program fees. If the accused | 20 | | fails to file a certificate of successful completion on or | 21 | | before the termination date of the supervision order, the | 22 | | supervision shall be summarily revoked and conviction entered. | 23 | | The provisions of Supreme Court Rule 402 relating to pleas of | 24 | | guilty do not apply in cases when a defendant enters a guilty | 25 | | plea under this provision.
| 26 | | (i) The provisions of paragraph (c) shall not apply to a |
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| 1 | | defendant charged
with violating Section 3-707 of the Illinois | 2 | | Vehicle Code or a similar
provision of a local ordinance if the | 3 | | defendant has been assigned supervision
for a violation of | 4 | | Section 3-707 of the Illinois Vehicle Code or a similar
| 5 | | provision of a local ordinance.
| 6 | | (j) The provisions of paragraph (c) shall not apply to a
| 7 | | defendant charged with violating
Section 6-303 of the Illinois | 8 | | Vehicle Code or a similar provision of
a local ordinance when | 9 | | the revocation or suspension was for a violation of
Section | 10 | | 11-501 or a similar provision of a local ordinance or a | 11 | | violation of
Section 11-501.1 or paragraph (b) of Section | 12 | | 11-401 of the Illinois Vehicle
Code if the
defendant has | 13 | | within the last 10 years been:
| 14 | | (1) convicted for a violation of Section 6-303 of the | 15 | | Illinois Vehicle
Code or a similar provision of a local | 16 | | ordinance; or
| 17 | | (2) assigned supervision for a violation of Section | 18 | | 6-303 of the Illinois
Vehicle Code or a similar provision | 19 | | of a local ordinance. | 20 | | (k) The provisions of paragraph (c) shall not apply to a
| 21 | | defendant charged with violating
any provision of the Illinois | 22 | | Vehicle Code or a similar provision of a local ordinance that | 23 | | governs the movement of vehicles if, within the 12 months | 24 | | preceding the date of the defendant's arrest, the defendant | 25 | | has been assigned court supervision on 2 occasions for a | 26 | | violation that governs the movement of vehicles under the |
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| 1 | | Illinois Vehicle Code or a similar provision of a local | 2 | | ordinance.
The provisions of this paragraph (k) do not apply | 3 | | to a defendant charged with violating Section 11-501 of the | 4 | | Illinois Vehicle Code or a similar provision of a local | 5 | | ordinance.
| 6 | | (l) (Blank).
| 7 | | (m) (Blank). | 8 | | (n)
The provisions of paragraph (c) shall not apply to any | 9 | | person under the age of 18 who commits an offense against | 10 | | traffic regulations governing the movement of vehicles or any | 11 | | violation of Section 6-107 or Section 12-603.1 of the Illinois | 12 | | Vehicle Code, except upon personal appearance of the defendant | 13 | | in court and upon the written consent of the defendant's | 14 | | parent or legal guardian, executed before the presiding judge. | 15 | | The presiding judge shall have the authority to waive this | 16 | | requirement upon the showing of good cause by the defendant.
| 17 | | (o)
The provisions of paragraph (c) shall not apply to a | 18 | | defendant charged with violating Section 6-303 of the Illinois | 19 | | Vehicle Code or a similar provision of a local ordinance when | 20 | | the suspension was for a violation of Section 11-501.1 of the | 21 | | Illinois Vehicle Code and when: | 22 | | (1) at the time of the violation of Section 11-501.1 | 23 | | of the Illinois Vehicle Code, the defendant was a first | 24 | | offender pursuant to Section 11-500 of the Illinois | 25 | | Vehicle Code and the defendant failed to obtain a | 26 | | monitoring device driving permit; or |
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| 1 | | (2) at the time of the violation of Section 11-501.1 | 2 | | of the Illinois Vehicle Code, the defendant was a first | 3 | | offender pursuant to Section 11-500 of the Illinois | 4 | | Vehicle Code, had subsequently obtained a monitoring | 5 | | device driving permit, but was driving a vehicle not | 6 | | equipped with a breath alcohol ignition interlock device | 7 | | as defined in Section 1-129.1 of the Illinois Vehicle | 8 | | Code.
| 9 | | (p) The provisions of paragraph (c) shall not apply to a | 10 | | defendant charged with violating Section 11-601.5 of the | 11 | | Illinois Vehicle Code or a similar provision of a local | 12 | | ordinance when the defendant has previously been: | 13 | | (1) convicted for a violation of Section 11-601.5 of | 14 | | the Illinois Vehicle Code or a similar provision of a | 15 | | local ordinance or any similar law or ordinance of another | 16 | | state; or | 17 | | (2) assigned supervision for a violation of Section | 18 | | 11-601.5 of the Illinois Vehicle Code or a similar | 19 | | provision of a local ordinance or any similar law or | 20 | | ordinance of another state. | 21 | | (q) The provisions of paragraph (c) shall not apply to a | 22 | | defendant charged with violating subsection (b) of Section | 23 | | 11-601 or Section 11-601.5 of the Illinois Vehicle Code when | 24 | | the defendant was operating a vehicle, in an urban district, | 25 | | at a speed that is 26 miles per hour or more in excess of the | 26 | | applicable maximum speed limit established under Chapter 11 of |
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| 1 | | the Illinois Vehicle Code. | 2 | | (r) The provisions of paragraph (c) shall not apply to a | 3 | | defendant charged with violating any provision of the Illinois | 4 | | Vehicle Code or a similar provision of a local ordinance if the | 5 | | violation was the proximate cause of the death of another and | 6 | | the defendant's driving abstract contains a prior conviction | 7 | | or disposition of court supervision for any violation of the | 8 | | Illinois Vehicle Code, other than an equipment violation, or a | 9 | | suspension, revocation, or cancellation of the driver's | 10 | | license. | 11 | | (s) (Blank). The provisions of paragraph (c) shall not | 12 | | apply to a defendant charged
with violating subsection (i) of | 13 | | Section 70 of the Firearm Concealed Carry Act. | 14 | | (Source: P.A. 100-987, eff. 7-1-19; 101-173, eff. 1-1-20 .)
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