Public Act 098-0899

HB4290 Enrolled LRB098 15878 RLC 50923 b

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Firearm Concealed Carry Act is amended by

changing Section 70 as follows:

(430 ILCS 66/70)

Sec. 70. Violations.

(a) A license issued or renewed under this Act shall be

revoked if, at any time, the licensee is found to be ineligible

for a license under this Act or the licensee no longer meets

the eligibility requirements of the Firearm Owners

Identification Card Act.

(b) A license shall be suspended if an order of protection,

including an emergency order of protection, plenary order of

protection, or interim order of protection under Article 112A

of the Code of Criminal Procedure of 1963 or under the Illinois

Domestic Violence Act of 1986, is issued against a licensee for

the duration of the order, or if the Department is made aware

of a similar order issued against the licensee in any other

jurisdiction. If an order of protection is issued against a

licensee, the licensee shall surrender the license, as

applicable, to the court at the time the order is entered or to

the law enforcement agency or entity serving process at the

time the licensee is served the order. The court, law

enforcement agency, or entity responsible for serving the order

of protection shall notify the Department within 7 days and

transmit the license to the Department.

(c) A license is invalid upon expiration of the license,

unless the licensee has submitted an application to renew the

license, and the applicant is otherwise eligible to possess a

license under this Act.

(d) A licensee shall not carry a concealed firearm while

under the influence of alcohol, other drug or drugs,

intoxicating compound or combination of compounds, or any

combination thereof, under the standards set forth in

subsection (a) of Section 11-501 of the Illinois Vehicle Code.

A licensee in violation of this subsection (d) shall be

guilty of a Class A misdemeanor for a first or second violation

and a Class 4 felony for a third violation. The Department may

suspend a license for up to 6 months for a second violation and

shall permanently revoke a license for a third violation.

(e) Except as otherwise provided, a licensee in violation

of this Act shall be guilty of a Class B misdemeanor. A second

or subsequent violation is a Class A misdemeanor. The

Department may suspend a license for up to 6 months for a

second violation and shall permanently revoke a license for 3

or more violations of Section 65 of this Act. Any person

convicted of a violation under this Section shall pay a $150

fee to be deposited into the Mental Health Reporting Fund, plus

any applicable court costs or fees.

(f) A licensee convicted or found guilty of a violation of

this Act who has a valid license and is otherwise eligible to

carry a concealed firearm shall only be subject to the

penalties under this Section and shall not be subject to the

penalties under Section 21-6, paragraph (4), (8), or (10) of

subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)

of paragraph (3) of subsection (a) of Section 24-1.6 of the

Criminal Code of 2012. Except as otherwise provided in this

subsection, nothing in this subsection prohibits the licensee

from being subjected to penalties for violations other than

those specified in this Act.

(g) A licensee whose license is revoked, suspended, or

denied shall, within 48 hours of receiving notice of the

revocation, suspension, or denial, surrender his or her

concealed carry license to the local law enforcement agency

where the person resides. The local law enforcement agency

shall provide the licensee a receipt and transmit the concealed

carry license to the Department of State Police. If the

licensee whose concealed carry license has been revoked,

suspended, or denied fails to comply with the requirements of

this subsection, the law enforcement agency where the person

resides may petition the circuit court to issue a warrant to

search for and seize the concealed carry license in the

possession and under the custody or control of the licensee

whose concealed carry license has been revoked, suspended, or

denied. The observation of a concealed carry license in the

possession of a person whose license has been revoked,

suspended, or denied constitutes a sufficient basis for the

arrest of that person for violation of this subsection. A

violation of this subsection is a Class A misdemeanor.

(h) A license issued or renewed under this Act shall be

revoked if, at any time, the licensee is found ineligible for a

Firearm Owner's Identification Card, or the licensee no longer

possesses a valid Firearm Owner's Identification Card. A

licensee whose license is revoked under this subsection (h)

shall surrender his or her concealed carry license as provided

for in subsection (g) of this Section.

This subsection shall not apply to a person who has filed

an application with the State Police for renewal of a Firearm

Owner's Identification Card and who is not otherwise ineligible

to obtain a Firearm Owner's Identification Card.

(i) A certified firearms instructor who knowingly provides

or offers to provide a false certification that an applicant

has completed firearms training as required under this Act is

guilty of a Class A misdemeanor. A person guilty of a violation

of this subsection (i) is not eligible for court supervision.

The Department shall permanently revoke the firearms

instructor certification of a person convicted under this

subsection (i).

(Source: P.A. 98-63, eff. 7-9-13; revised 11-12-13.)

Section 10. The Unified Code of Corrections is amended by

changing Section 5-6-1 as follows:

(730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)

Sec. 5-6-1. Sentences of Probation and of Conditional

Discharge and Disposition of Supervision. The General Assembly

finds that in order to protect the public, the criminal justice

system must compel compliance with the conditions of probation

by responding to violations with swift, certain and fair

punishments and intermediate sanctions. The Chief Judge of each

circuit shall adopt a system of structured, intermediate

sanctions for violations of the terms and conditions of a

sentence of probation, conditional discharge or disposition of

supervision.

(a) Except where specifically prohibited by other

provisions of this Code, the court shall impose a sentence of

probation or conditional discharge upon an offender unless,

having regard to the nature and circumstance of the offense,

and to the history, character and condition of the offender,

the court is of the opinion that:

(1) his imprisonment or periodic imprisonment is

necessary for the protection of the public; or

(2) probation or conditional discharge would deprecate

the seriousness of the offender's conduct and would be

inconsistent with the ends of justice; or

(3) a combination of imprisonment with concurrent or

consecutive probation when an offender has been admitted

into a drug court program under Section 20 of the Drug

Court Treatment Act is necessary for the protection of the

public and for the rehabilitation of the offender.

The court shall impose as a condition of a sentence of

probation, conditional discharge, or supervision, that the

probation agency may invoke any sanction from the list of

intermediate sanctions adopted by the chief judge of the

circuit court for violations of the terms and conditions of the

sentence of probation, conditional discharge, or supervision,

subject to the provisions of Section 5-6-4 of this Act.

(b) The court may impose a sentence of conditional

discharge for an offense if the court is of the opinion that

neither a sentence of imprisonment nor of periodic imprisonment

nor of probation supervision is appropriate.

(b-1) Subsections (a) and (b) of this Section do not apply

to a defendant charged with a misdemeanor or felony under the

Illinois Vehicle Code or reckless homicide under Section 9-3 of

the Criminal Code of 1961 or the Criminal Code of 2012 if the

defendant within the past 12 months has been convicted of or

pleaded guilty to a misdemeanor or felony under the Illinois

Vehicle Code or reckless homicide under Section 9-3 of the

Criminal Code of 1961 or the Criminal Code of 2012.

(c) The court may, upon a plea of guilty or a stipulation

by the defendant of the facts supporting the charge or a

finding of guilt, defer further proceedings and the imposition

of a sentence, and enter an order for supervision of the

defendant, if the defendant is not charged with: (i) a Class A

misdemeanor, as defined by the following provisions of the

Criminal Code of 1961 or the Criminal Code of 2012: Sections

11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;

31-7; paragraphs (2) and (3) of subsection (a) of Section 21-1;

paragraph (1) through (5), (8), (10), and (11) of subsection

(a) of Section 24-1; (ii) a Class A misdemeanor violation of

Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals

Act; or (iii) a felony. If the defendant is not barred from

receiving an order for supervision as provided in this

subsection, the court may enter an order for supervision after

considering the circumstances of the offense, and the history,

character and condition of the offender, if the court is of the

opinion that:

(1) the offender is not likely to commit further

crimes;

(2) the defendant and the public would be best served

if the defendant were not to receive a criminal record; and

(3) in the best interests of justice an order of

supervision is more appropriate than a sentence otherwise

permitted under this Code.

(c-5) Subsections (a), (b), and (c) of this Section do not

apply to a defendant charged with a second or subsequent

violation of Section 6-303 of the Illinois Vehicle Code

committed while his or her driver's license, permit or

privileges were revoked because of a violation of Section 9-3

of the Criminal Code of 1961 or the Criminal Code of 2012,

relating to the offense of reckless homicide, or a similar

provision of a law of another state.

(d) The provisions of paragraph (c) shall not apply to a

defendant charged with violating Section 11-501 of the Illinois

Vehicle Code or a similar provision of a local ordinance when

the defendant has previously been:

(1) convicted for a violation of Section 11-501 of the

Illinois Vehicle Code or a similar provision of a local

ordinance or any similar law or ordinance of another state;

or

(2) assigned supervision for a violation of Section

11-501 of the Illinois Vehicle Code or a similar provision

of a local ordinance or any similar law or ordinance of

another state; or

(3) pleaded guilty to or stipulated to the facts

supporting a charge or a finding of guilty to a violation

of Section 11-503 of the Illinois Vehicle Code or a similar

provision of a local ordinance or any similar law or

ordinance of another state, and the plea or stipulation was

the result of a plea agreement.

The court shall consider the statement of the prosecuting

authority with regard to the standards set forth in this

Section.

(e) The provisions of paragraph (c) shall not apply to a

defendant charged with violating Section 16-25 or 16A-3 of the

Criminal Code of 1961 or the Criminal Code of 2012 if said

defendant has within the last 5 years been:

(1) convicted for a violation of Section 16-25 or 16A-3

of the Criminal Code of 1961 or the Criminal Code of 2012;

or

(2) assigned supervision for a violation of Section

16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal

Code of 2012.

The court shall consider the statement of the prosecuting

authority with regard to the standards set forth in this

Section.

(f) The provisions of paragraph (c) shall not apply to a

defendant charged with violating Sections 15-111, 15-112,

15-301, paragraph (b) of Section 6-104, Section 11-605, Section

11-1002.5, or Section 11-1414 of the Illinois Vehicle Code or a

similar provision of a local ordinance.

(g) Except as otherwise provided in paragraph (i) of this

Section, the provisions of paragraph (c) shall not apply to a

defendant charged with violating Section 3-707, 3-708, 3-710,

or 5-401.3 of the Illinois Vehicle Code or a similar provision

of a local ordinance if the defendant has within the last 5

years been:

(1) convicted for a violation of Section 3-707, 3-708,

3-710, or 5-401.3 of the Illinois Vehicle Code or a similar

provision of a local ordinance; or

(2) assigned supervision for a violation of Section

3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle

Code or a similar provision of a local ordinance.

The court shall consider the statement of the prosecuting

authority with regard to the standards set forth in this

Section.

(h) The provisions of paragraph (c) shall not apply to a

defendant under the age of 21 years charged with violating a

serious traffic offense as defined in Section 1-187.001 of the

Illinois Vehicle Code:

(1) unless the defendant, upon payment of the fines,

penalties, and costs provided by law, agrees to attend and

successfully complete a traffic safety program approved by

the court under standards set by the Conference of Chief

Circuit Judges. The accused shall be responsible for

payment of any traffic safety program fees. If the accused

fails to file a certificate of successful completion on or

before the termination date of the supervision order, the

supervision shall be summarily revoked and conviction

entered. The provisions of Supreme Court Rule 402 relating

to pleas of guilty do not apply in cases when a defendant

enters a guilty plea under this provision; or

(2) if the defendant has previously been sentenced

under the provisions of paragraph (c) on or after January

1, 1998 for any serious traffic offense as defined in

Section 1-187.001 of the Illinois Vehicle Code.

(h-1) The provisions of paragraph (c) shall not apply to a

defendant under the age of 21 years charged with an offense

against traffic regulations governing the movement of vehicles

or any violation of Section 6-107 or Section 12-603.1 of the

Illinois Vehicle Code, unless the defendant, upon payment of

the fines, penalties, and costs provided by law, agrees to

attend and successfully complete a traffic safety program

approved by the court under standards set by the Conference of

Chief Circuit Judges. The accused shall be responsible for

payment of any traffic safety program fees. If the accused

fails to file a certificate of successful completion on or

before the termination date of the supervision order, the

supervision shall be summarily revoked and conviction entered.

The provisions of Supreme Court Rule 402 relating to pleas of

guilty do not apply in cases when a defendant enters a guilty

plea under this provision.

(i) The provisions of paragraph (c) shall not apply to a

defendant charged with violating Section 3-707 of the Illinois

Vehicle Code or a similar provision of a local ordinance if the

defendant has been assigned supervision for a violation of

Section 3-707 of the Illinois Vehicle Code or a similar

provision of a local ordinance.

(j) The provisions of paragraph (c) shall not apply to a

defendant charged with violating Section 6-303 of the Illinois

Vehicle Code or a similar provision of a local ordinance when

the revocation or suspension was for a violation of Section

11-501 or a similar provision of a local ordinance or a

violation of Section 11-501.1 or paragraph (b) of Section

11-401 of the Illinois Vehicle Code if the defendant has within

the last 10 years been:

(1) convicted for a violation of Section 6-303 of the

Illinois Vehicle Code or a similar provision of a local

ordinance; or

(2) assigned supervision for a violation of Section

6-303 of the Illinois Vehicle Code or a similar provision

of a local ordinance.

(k) The provisions of paragraph (c) shall not apply to a

defendant charged with violating any provision of the Illinois

Vehicle Code or a similar provision of a local ordinance that

governs the movement of vehicles if, within the 12 months

preceding the date of the defendant's arrest, the defendant has

been assigned court supervision on 2 occasions for a violation

that governs the movement of vehicles under the Illinois

Vehicle Code or a similar provision of a local ordinance. The

provisions of this paragraph (k) do not apply to a defendant

charged with violating Section 11-501 of the Illinois Vehicle

Code or a similar provision of a local ordinance.

(l) A defendant charged with violating any provision of the

Illinois Vehicle Code or a similar provision of a local

ordinance who receives a disposition of supervision under

subsection (c) shall pay an additional fee of $29, to be

collected as provided in Sections 27.5 and 27.6 of the Clerks

of Courts Act. In addition to the $29 fee, the person shall

also pay a fee of $6, which, if not waived by the court, shall

be collected as provided in Sections 27.5 and 27.6 of the

Clerks of Courts Act. The $29 fee shall be disbursed as

provided in Section 16-104c of the Illinois Vehicle Code. If

the $6 fee is collected, $5.50 of the fee shall be deposited

into the Circuit Court Clerk Operation and Administrative Fund

created by the Clerk of the Circuit Court and 50 cents of the

fee shall be deposited into the Prisoner Review Board Vehicle

and Equipment Fund in the State treasury.

(m) Any person convicted of, pleading guilty to, or placed

on supervision for a serious traffic violation, as defined in

Section 1-187.001 of the Illinois Vehicle Code, a violation of

Section 11-501 of the Illinois Vehicle Code, or a violation of

a similar provision of a local ordinance shall pay an

additional fee of $35, to be disbursed as provided in Section

16-104d of that Code.

This subsection (m) becomes inoperative 7 years after

October 13, 2007 (the effective date of Public Act 95-154).

(n) The provisions of paragraph (c) shall not apply to any

person under the age of 18 who commits an offense against

traffic regulations governing the movement of vehicles or any

violation of Section 6-107 or Section 12-603.1 of the Illinois

Vehicle Code, except upon personal appearance of the defendant

in court and upon the written consent of the defendant's parent

or legal guardian, executed before the presiding judge. The

presiding judge shall have the authority to waive this

requirement upon the showing of good cause by the defendant.

(o) The provisions of paragraph (c) shall not apply to a

defendant charged with violating Section 6-303 of the Illinois

Vehicle Code or a similar provision of a local ordinance when

the suspension was for a violation of Section 11-501.1 of the

Illinois Vehicle Code and when:

(1) at the time of the violation of Section 11-501.1 of

the Illinois Vehicle Code, the defendant was a first

offender pursuant to Section 11-500 of the Illinois Vehicle

Code and the defendant failed to obtain a monitoring device

driving permit; or

(2) at the time of the violation of Section 11-501.1 of

the Illinois Vehicle Code, the defendant was a first

offender pursuant to Section 11-500 of the Illinois Vehicle

Code, had subsequently obtained a monitoring device

driving permit, but was driving a vehicle not equipped with

a breath alcohol ignition interlock device as defined in

Section 1-129.1 of the Illinois Vehicle Code.

(p) The provisions of paragraph (c) shall not apply to a

defendant charged with violating Section 11-601.5 of the

Illinois Vehicle Code or a similar provision of a local

ordinance.

(q) The provisions of paragraph (c) shall not apply to a

defendant charged with violating subsection (b) of Section

11-601 of the Illinois Vehicle Code when the defendant was

operating a vehicle, in an urban district, at a speed in excess

of 25 miles per hour over the posted speed limit.

(r) The provisions of paragraph (c) shall not apply to a

defendant charged with violating any provision of the Illinois

Vehicle Code or a similar provision of a local ordinance if the

violation was the proximate cause of the death of another and

the defendant's driving abstract contains a prior conviction or

disposition of court supervision for any violation of the

Illinois Vehicle Code, other than an equipment violation, or a

suspension, revocation, or cancellation of the driver's

license.

(s) The provisions of paragraph (c) shall not apply to a

defendant charged with violating subsection (i) of Section 70

of the Firearm Concealed Carry Act.

(Source: P.A. 97-333, eff. 8-12-11; 97-597, eff. 1-1-12;

97-831, eff. 7-1-13; 97-1108, eff. 1-1-13; 97-1150, eff.

1-25-13; 98-169, eff. 1-1-14.)

Section 99. Effective date. This Act takes effect upon

becoming law.