|   | 
| |  |  | HB1422 Enrolled |  | LRB099 03523 HAF 23531 b | 
 | 
| 
 | 
| 1 |  |  AN ACT concerning regulation.
 | 
| 2 |  |  Be it enacted by the People of the State of Illinois,
 | 
| 3 |  | represented in the General Assembly:
 | 
| 4 |  |  Section 5. The Private Detective, Private Alarm, Private  | 
| 5 |  | Security, Fingerprint Vendor, and
Locksmith Act of 2004 is  | 
| 6 |  | amended by changing Sections 20-10 and 40-10 as follows:
 | 
| 7 |  |  (225 ILCS 447/20-10)
 | 
| 8 |  |  (Section scheduled to be repealed on January 1, 2024)
 | 
| 9 |  |  Sec. 20-10. Qualifications for licensure as a private
alarm  | 
| 10 |  | contractor. | 
| 11 |  |  (a) A person is qualified for licensure as a private
alarm  | 
| 12 |  | contractor if he or she meets all of the following
 | 
| 13 |  | requirements:
 | 
| 14 |  |   (1) Is at least 21 years of age.
 | 
| 15 |  |   (2) Has not been convicted of any felony in any
 | 
| 16 |  | jurisdiction or at least 10 years have elapsed since the  | 
| 17 |  | time
of full discharge from a sentence imposed for a felony
 | 
| 18 |  | conviction.
 | 
| 19 |  |   (3) Is of good moral character. Good moral
character is  | 
| 20 |  | a continuing requirement of licensure.
Conviction of  | 
| 21 |  | crimes other than felonies may be used in
determining moral  | 
| 22 |  | character, but shall not constitute an
absolute bar to  | 
| 23 |  | licensure, except where the applicant is a registered sex  | 
|     | 
| |  |  | HB1422 Enrolled | - 2 - | LRB099 03523 HAF 23531 b | 
 | 
|  | 
| 1 |  | offender.
 | 
| 2 |  |   (4) Has not been declared by any court of competent
 | 
| 3 |  | jurisdiction to be incompetent by reason of mental or  | 
| 4 |  | physical
defect or disease, unless a court has subsequently  | 
| 5 |  | declared
him or her to be competent.
 | 
| 6 |  |   (5) Is not suffering from dependence on alcohol or
from  | 
| 7 |  | narcotic addiction or dependence.
 | 
| 8 |  |   (6) Has a minimum of 3 years experience during the 5
 | 
| 9 |  | years immediately preceding the application (i) working as  | 
| 10 |  | a full-time
manager for a licensed private alarm contractor  | 
| 11 |  | agency or (ii) working for
a government, one of the armed  | 
| 12 |  | forces of the United States, or private entity that  | 
| 13 |  | inspects, reviews, designs, sells, installs, operates,  | 
| 14 |  | services, or monitors
alarm systems that, in the judgment  | 
| 15 |  | of the Board, satisfies
the standards of alarm industry  | 
| 16 |  | competence. The Board and the Department may
accept, in  | 
| 17 |  | lieu of the experience requirement in this
item (6),  | 
| 18 |  | alternative experience working as a full-time
manager for a  | 
| 19 |  | private alarm contractor agency licensed in
another state  | 
| 20 |  | or for a private alarm contractor agency in
a state that  | 
| 21 |  | does not license such agencies, if the
experience is  | 
| 22 |  | substantially equivalent to that
gained working for an  | 
| 23 |  | Illinois licensed private alarm
contractor agency. An  | 
| 24 |  | applicant who
has received a 4-year degree or higher in  | 
| 25 |  | electrical
engineering or a related field from a program  | 
| 26 |  | approved by the
Board or a business degree from an  | 
|     | 
| |  |  | HB1422 Enrolled | - 3 - | LRB099 03523 HAF 23531 b | 
 | 
|  | 
| 1 |  | accredited college or university shall be given credit for  | 
| 2 |  | 2 years of the required
experience. An applicant who has  | 
| 3 |  | successfully completed a
national certification program  | 
| 4 |  | approved by the Board shall be
given credit for one year of  | 
| 5 |  | the required experience.
 | 
| 6 |  |   (7) Has not been dishonorably discharged from the
armed  | 
| 7 |  | forces of the United States.
 | 
| 8 |  |   (8) Has passed an examination authorized by the
 | 
| 9 |  | Department.
 | 
| 10 |  |   (9) Submits his or her fingerprints, proof of
having  | 
| 11 |  | general liability insurance required under subsection
(c),  | 
| 12 |  | and the required license fee.
 | 
| 13 |  |   (10) Has not violated Section 10-5 of this Act.
 | 
| 14 |  |  (b) (Blank).
 | 
| 15 |  |  (c) It is the responsibility of the applicant to obtain
 | 
| 16 |  | general liability insurance in an amount and coverage
 | 
| 17 |  | appropriate for the applicant's circumstances as determined by
 | 
| 18 |  | rule. The applicant shall provide evidence of insurance to
the  | 
| 19 |  | Department before being issued a license. Failure to
maintain  | 
| 20 |  | general liability insurance and to provide the
Department with  | 
| 21 |  | written proof of the insurance shall result in
cancellation of  | 
| 22 |  | the license without hearing.
 | 
| 23 |  | (Source: P.A. 98-253, eff. 8-9-13.)
 | 
| 24 |  |  (225 ILCS 447/40-10)
 | 
| 25 |  |  (Section scheduled to be repealed on January 1, 2024)
 | 
|     | 
| |  |  | HB1422 Enrolled | - 4 - | LRB099 03523 HAF 23531 b | 
 | 
|  | 
| 1 |  |  Sec. 40-10. Disciplinary sanctions. 
 | 
| 2 |  |  (a) The Department may deny issuance, refuse to renew,
or  | 
| 3 |  | restore or may reprimand, place on probation, suspend,
revoke,  | 
| 4 |  | or take other disciplinary or non-disciplinary action against  | 
| 5 |  | any license, registration, permanent employee
registration  | 
| 6 |  | card, canine handler authorization card, canine trainer  | 
| 7 |  | authorization card, or firearm control
card, may
impose a fine  | 
| 8 |  | not to exceed $10,000 for each violation, and may assess costs  | 
| 9 |  | as provided for under Section 45-60, for
any of the following:
 | 
| 10 |  |   (1) Fraud, deception, or misrepresentation in  | 
| 11 |  | obtaining or renewing of
a license or registration.
 | 
| 12 |  |   (2) Professional incompetence as manifested by poor
 | 
| 13 |  | standards of service.
 | 
| 14 |  |   (3) Engaging in dishonorable, unethical, or
 | 
| 15 |  | unprofessional conduct of a character likely to deceive,
 | 
| 16 |  | defraud, or harm the public.
 | 
| 17 |  |   (4) Conviction of or by plea of guilty or plea of nolo  | 
| 18 |  | contendere to a felony or misdemeanor in this State or any  | 
| 19 |  | other jurisdiction or the entry of an administrative  | 
| 20 |  | sanction by a government agency in this State or any other  | 
| 21 |  | jurisdiction; action taken under this paragraph (4) for a  | 
| 22 |  | misdemeanor or an administrative sanction is limited to a  | 
| 23 |  | misdemeanor or administrative sanction that has as an  | 
| 24 |  | essential element of dishonesty or fraud or involves  | 
| 25 |  | larceny, embezzlement, or obtaining money, property, or  | 
| 26 |  | credit by false pretenses or by means of a confidence  | 
|     | 
| |  |  | HB1422 Enrolled | - 5 - | LRB099 03523 HAF 23531 b | 
 | 
|  | 
| 1 |  | game., finding of guilt, jury verdict, or entry of judgment  | 
| 2 |  | or by sentencing of any crime including, but not limited  | 
| 3 |  | to, convictions, preceding sentences of supervision,  | 
| 4 |  | conditional discharge, or first offender probation, under  | 
| 5 |  | the laws of any jurisdiction of the United States that is  | 
| 6 |  | (i) a felony in
a federal court; or (ii) a misdemeanor, an  | 
| 7 |  | essential element of which
is dishonesty, or that is  | 
| 8 |  | directly related to the practice of the profession.
 | 
| 9 |  |   (5) Performing any services in a grossly negligent
 | 
| 10 |  | manner or permitting any of a licensee's employees to  | 
| 11 |  | perform
services in a grossly negligent manner, regardless  | 
| 12 |  | of whether
actual damage to the public is established.
 | 
| 13 |  |   (6) Continued practice, although the person
has become  | 
| 14 |  | unfit to practice due to any of the
following:
 | 
| 15 |  |    (A) Physical illness, mental illness, or other  | 
| 16 |  | impairment, including, but not
limited to,  | 
| 17 |  | deterioration through the aging process or loss of
 | 
| 18 |  | motor skills that results in the inability to serve the  | 
| 19 |  | public
with reasonable judgment, skill, or safety.
 | 
| 20 |  |    (B) (Blank).
 | 
| 21 |  |    (C) Habitual or excessive use or abuse of drugs  | 
| 22 |  | defined in law as controlled substances, alcohol, or  | 
| 23 |  | any other substance that results in the inability to  | 
| 24 |  | practice with reasonable judgment, skill, or safety.
 | 
| 25 |  |   (7) Receiving, directly or indirectly, compensation
 | 
| 26 |  | for any services not rendered.
 | 
|     | 
| |  |  | HB1422 Enrolled | - 6 - | LRB099 03523 HAF 23531 b | 
 | 
|  | 
| 1 |  |   (8) Willfully deceiving or defrauding the public on
a  | 
| 2 |  | material matter.
 | 
| 3 |  |   (9) Failing to account for or remit any moneys or
 | 
| 4 |  | documents coming into the licensee's possession that
 | 
| 5 |  | belong to another person or entity.
 | 
| 6 |  |   (10) Discipline by another United States
jurisdiction,  | 
| 7 |  | foreign nation, or governmental agency, if at least one of  | 
| 8 |  | the grounds
for the discipline is the same or substantially  | 
| 9 |  | equivalent to
those set forth in this Act.
 | 
| 10 |  |   (11) Giving differential treatment to a person that
is  | 
| 11 |  | to that person's detriment because of race, color, creed,
 | 
| 12 |  | sex, religion, or national origin.
 | 
| 13 |  |   (12) Engaging in false or misleading advertising.
 | 
| 14 |  |   (13) Aiding, assisting, or willingly permitting
 | 
| 15 |  | another person to violate this Act or rules promulgated  | 
| 16 |  | under
it.
 | 
| 17 |  |   (14) Performing and charging for services without
 | 
| 18 |  | authorization to do so from the person or entity serviced.
 | 
| 19 |  |   (15) Directly or indirectly offering or accepting
any  | 
| 20 |  | benefit to or from any employee, agent, or fiduciary
 | 
| 21 |  | without the consent of the latter's employer or principal  | 
| 22 |  | with
intent to or the understanding that this action will  | 
| 23 |  | influence
his or her conduct in relation to his or her  | 
| 24 |  | employer's or
principal's affairs.
 | 
| 25 |  |   (16) Violation of any disciplinary order imposed on
a  | 
| 26 |  | licensee by the Department.
 | 
|     | 
| |  |  | HB1422 Enrolled | - 7 - | LRB099 03523 HAF 23531 b | 
 | 
|  | 
| 1 |  |   (17) Performing any act or practice that is a violation  | 
| 2 |  | of this Act or the rules for the administration of this  | 
| 3 |  | Act, or having a conviction or administrative finding of  | 
| 4 |  | guilty as a result of violating any federal or State laws,  | 
| 5 |  | rules, or regulations that apply exclusively to the  | 
| 6 |  | practices of private detectives, private alarm  | 
| 7 |  | contractors, private security contractors, fingerprint  | 
| 8 |  | vendors, or locksmiths.
 | 
| 9 |  |   (18) Conducting an agency without a valid license.
 | 
| 10 |  |   (19) Revealing confidential information, except as
 | 
| 11 |  | required by law, including but not limited to information
 | 
| 12 |  | available under Section 2-123 of the Illinois Vehicle Code.
 | 
| 13 |  |   (20) Failing to make available to the Department,
upon  | 
| 14 |  | request, any books, records, or forms required by this
Act.
 | 
| 15 |  |   (21) Failing, within 30 days, to respond to a
written  | 
| 16 |  | request for information from the Department.
 | 
| 17 |  |   (22) Failing to provide employment information or
 | 
| 18 |  | experience information required by the Department  | 
| 19 |  | regarding an
applicant for licensure.
 | 
| 20 |  |   (23) Failing to make available to the Department at
the  | 
| 21 |  | time of the request any indicia of licensure or
 | 
| 22 |  | registration issued under this Act.
 | 
| 23 |  |   (24) Purporting to be a licensee-in-charge of an
agency  | 
| 24 |  | without active participation in the agency.
 | 
| 25 |  |   (25) A finding by the Department that the licensee,  | 
| 26 |  | after having his or her license placed on probationary  | 
|     | 
| |  |  | HB1422 Enrolled | - 8 - | LRB099 03523 HAF 23531 b | 
 | 
|  | 
| 1 |  | status, has violated the terms of probation. | 
| 2 |  |   (26) Violating subsection (f) of Section 30-30.  | 
| 3 |  |   (27) A firearm control card holder having more firearms  | 
| 4 |  | in his or her immediate possession than he or she can  | 
| 5 |  | reasonably exercise control over. | 
| 6 |  |   (28) Failure to report in writing to the Department,  | 
| 7 |  | within 60 days of an entry of a settlement or a verdict in  | 
| 8 |  | excess of $10,000, any legal action in which the quality of  | 
| 9 |  | the licensee's or registrant's professional services was  | 
| 10 |  | the subject of the legal action. | 
| 11 |  |  (b) All fines imposed under this Section shall be paid  | 
| 12 |  | within 60 days after the effective date of the order imposing  | 
| 13 |  | the fine.
 | 
| 14 |  |  (c) The Department shall adopt rules that set forth  | 
| 15 |  | standards of service for the following:
(i) acceptable error  | 
| 16 |  | rate in the transmission of fingerprint images and other data  | 
| 17 |  | to the Department of State Police;
(ii) acceptable error rate  | 
| 18 |  | in the collection and documentation of information used to  | 
| 19 |  | generate
fingerprint work orders;
and (iii) any other standard  | 
| 20 |  | of service that affects fingerprinting services as determined  | 
| 21 |  | by the
Department.
 | 
| 22 |  |  The determination by a circuit court that a licensee is  | 
| 23 |  | subject to involuntary admission or judicial admission, as  | 
| 24 |  | provided in the Mental Health and Developmental Disabilities  | 
| 25 |  | Code, operates as an automatic suspension. The suspension will  | 
| 26 |  | end only upon a finding by a court that the patient is no  | 
|     | 
| |  |  | HB1422 Enrolled | - 9 - | LRB099 03523 HAF 23531 b | 
 | 
|  | 
| 1 |  | longer subject to involuntary admission or judicial admission  | 
| 2 |  | and the issuance of an order so finding and discharging the  | 
| 3 |  | patient.  | 
| 4 |  | (Source: P.A. 98-253, eff. 8-9-13.)
 | 
| 5 |  |  Section 10. The Criminal Code of 2012 is amended by  | 
| 6 |  | changing Section 24-2 as follows:
 | 
| 7 |  |  (720 ILCS 5/24-2)
 | 
| 8 |  |  Sec. 24-2. Exemptions. 
 | 
| 9 |  |  (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and  | 
| 10 |  | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of  | 
| 11 |  | the following:
 | 
| 12 |  |   (1) Peace officers, and any person summoned by a peace  | 
| 13 |  | officer to
assist in making arrests or preserving the  | 
| 14 |  | peace, while actually engaged in
assisting such officer.
 | 
| 15 |  |   (2) Wardens, superintendents and keepers of prisons,
 | 
| 16 |  | penitentiaries, jails and other institutions for the  | 
| 17 |  | detention of persons
accused or convicted of an offense,  | 
| 18 |  | while in the performance of their
official duty, or while  | 
| 19 |  | commuting between their homes and places of employment.
 | 
| 20 |  |   (3) Members of the Armed Services or Reserve Forces of  | 
| 21 |  | the United States
or the Illinois National Guard or the  | 
| 22 |  | Reserve Officers Training Corps,
while in the performance  | 
| 23 |  | of their official duty.
 | 
| 24 |  |   (4) Special agents employed by a railroad or a public  | 
|     | 
| |  |  | HB1422 Enrolled | - 10 - | LRB099 03523 HAF 23531 b | 
 | 
|  | 
| 1 |  | utility to
perform police functions, and guards of armored  | 
| 2 |  | car companies, while
actually engaged in the performance of  | 
| 3 |  | the duties of their employment or
commuting between their  | 
| 4 |  | homes and places of employment; and watchmen
while actually  | 
| 5 |  | engaged in the performance of the duties of their  | 
| 6 |  | employment.
 | 
| 7 |  |   (5) Persons licensed as private security contractors,  | 
| 8 |  | private
detectives, or private alarm contractors, or  | 
| 9 |  | employed by a private security contractor, private  | 
| 10 |  | detective, or private alarm contractor an agency licensed
 | 
| 11 |  | certified by the Department of Financial and Professional  | 
| 12 |  | Regulation, if their duties
include the carrying of a  | 
| 13 |  | weapon under the provisions of the Private
Detective,  | 
| 14 |  | Private Alarm,
Private Security, Fingerprint Vendor, and  | 
| 15 |  | Locksmith Act of 2004,
while actually
engaged in the  | 
| 16 |  | performance of the duties of their employment or commuting
 | 
| 17 |  | between their homes and places of employment, provided that  | 
| 18 |  | such commuting
is accomplished within one hour from  | 
| 19 |  | departure from home or place of
employment, as the case may  | 
| 20 |  | be. A person shall be considered eligible for this
 | 
| 21 |  | exemption if he or she has completed the required 20
hours  | 
| 22 |  | of training for a private security contractor, private
 | 
| 23 |  | detective, or private alarm contractor, or employee of a  | 
| 24 |  | licensed private security contractor, private detective,  | 
| 25 |  | or private alarm contractor agency and 20 hours of required  | 
| 26 |  | firearm
training, and has been issued a firearm control  | 
|     | 
| |  |  | HB1422 Enrolled | - 11 - | LRB099 03523 HAF 23531 b | 
 | 
|  | 
| 1 |  | card by
the Department of Financial and Professional  | 
| 2 |  | Regulation. Conditions for the renewal of
firearm control  | 
| 3 |  | cards issued under the provisions of this Section
shall be  | 
| 4 |  | the same as for those cards issued under the provisions of  | 
| 5 |  | the
Private Detective, Private Alarm,
Private Security,  | 
| 6 |  | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm  | 
| 7 |  | control card shall be carried by the private security  | 
| 8 |  | contractor, private
detective, or private alarm  | 
| 9 |  | contractor, or employee of the licensed private security  | 
| 10 |  | contractor, private detective, or private alarm contractor  | 
| 11 |  | agency at all
times when he or she is in possession of a  | 
| 12 |  | concealable weapon permitted by his or her firearm control  | 
| 13 |  | card.
 | 
| 14 |  |   (6) Any person regularly employed in a commercial or  | 
| 15 |  | industrial
operation as a security guard for the protection  | 
| 16 |  | of persons employed
and private property related to such  | 
| 17 |  | commercial or industrial
operation, while actually engaged  | 
| 18 |  | in the performance of his or her
duty or traveling between  | 
| 19 |  | sites or properties belonging to the
employer, and who, as  | 
| 20 |  | a security guard, is a member of a security force of
at  | 
| 21 |  | least 5 persons registered with the Department of Financial  | 
| 22 |  | and Professional
Regulation; provided that such security  | 
| 23 |  | guard has successfully completed a
course of study,  | 
| 24 |  | approved by and supervised by the Department of
Financial  | 
| 25 |  | and Professional Regulation, consisting of not less than 40  | 
| 26 |  | hours of training
that includes the theory of law  | 
|     | 
| |  |  | HB1422 Enrolled | - 12 - | LRB099 03523 HAF 23531 b | 
 | 
|  | 
| 1 |  | enforcement, liability for acts, and the
handling of  | 
| 2 |  | weapons. A person shall be considered eligible for this
 | 
| 3 |  | exemption if he or she has completed the required 20
hours  | 
| 4 |  | of training for a security officer and 20 hours of required  | 
| 5 |  | firearm
training, and has been issued a firearm control  | 
| 6 |  | card by
the Department of Financial and Professional  | 
| 7 |  | Regulation. Conditions for the renewal of
firearm control  | 
| 8 |  | cards issued under the provisions of this Section
shall be  | 
| 9 |  | the same as for those cards issued under the provisions of  | 
| 10 |  | the
Private Detective, Private Alarm,
Private Security,  | 
| 11 |  | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm  | 
| 12 |  | control card shall be carried by the security guard at all
 | 
| 13 |  | times when he or she is in possession of a concealable  | 
| 14 |  | weapon permitted by his or her firearm control card.
 | 
| 15 |  |   (7) Agents and investigators of the Illinois  | 
| 16 |  | Legislative Investigating
Commission authorized by the  | 
| 17 |  | Commission to carry the weapons specified in
subsections  | 
| 18 |  | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
 | 
| 19 |  | any investigation for the Commission.
 | 
| 20 |  |   (8) Persons employed by a financial institution as a  | 
| 21 |  | security guard for the protection of
other employees and  | 
| 22 |  | property related to such financial institution, while
 | 
| 23 |  | actually engaged in the performance of their duties,  | 
| 24 |  | commuting between
their homes and places of employment, or  | 
| 25 |  | traveling between sites or
properties owned or operated by  | 
| 26 |  | such financial institution, and who, as a security guard,  | 
|     | 
| |  |  | HB1422 Enrolled | - 13 - | LRB099 03523 HAF 23531 b | 
 | 
|  | 
| 1 |  | is a member of a security force registered with the  | 
| 2 |  | Department; provided that
any person so employed has  | 
| 3 |  | successfully completed a course of study,
approved by and  | 
| 4 |  | supervised by the Department of Financial and Professional  | 
| 5 |  | Regulation,
consisting of not less than 40 hours of  | 
| 6 |  | training which includes theory of
law enforcement,  | 
| 7 |  | liability for acts, and the handling of weapons.
A person  | 
| 8 |  | shall be considered to be eligible for this exemption if he  | 
| 9 |  | or
she has completed the required 20 hours of training for  | 
| 10 |  | a security officer
and 20 hours of required firearm  | 
| 11 |  | training, and has been issued a
firearm control card by the  | 
| 12 |  | Department of Financial and Professional Regulation.
 | 
| 13 |  | Conditions for renewal of firearm control cards issued  | 
| 14 |  | under the
provisions of this Section shall be the same as  | 
| 15 |  | for those issued under the
provisions of the Private  | 
| 16 |  | Detective, Private Alarm,
Private Security, Fingerprint  | 
| 17 |  | Vendor, and Locksmith Act of 2004. The
Such firearm control  | 
| 18 |  | card shall be carried by the security guard person so
 | 
| 19 |  | trained at all times when he or she such person is in  | 
| 20 |  | possession of a concealable
weapon permitted by his or her  | 
| 21 |  | firearm control card. For purposes of this subsection,  | 
| 22 |  | "financial institution" means a
bank, savings and loan  | 
| 23 |  | association, credit union or company providing
armored car  | 
| 24 |  | services.
 | 
| 25 |  |   (9) Any person employed by an armored car company to  | 
| 26 |  | drive an armored
car, while actually engaged in the  | 
|     | 
| |  |  | HB1422 Enrolled | - 14 - | LRB099 03523 HAF 23531 b | 
 | 
|  | 
| 1 |  | performance of his duties.
 | 
| 2 |  |   (10) Persons who have been classified as peace officers  | 
| 3 |  | pursuant
to the Peace Officer Fire Investigation Act.
 | 
| 4 |  |   (11) Investigators of the Office of the State's  | 
| 5 |  | Attorneys Appellate
Prosecutor authorized by the board of  | 
| 6 |  | governors of the Office of the
State's Attorneys Appellate  | 
| 7 |  | Prosecutor to carry weapons pursuant to
Section 7.06 of the  | 
| 8 |  | State's Attorneys Appellate Prosecutor's Act.
 | 
| 9 |  |   (12) Special investigators appointed by a State's  | 
| 10 |  | Attorney under
Section 3-9005 of the Counties Code.
 | 
| 11 |  |   (12.5) Probation officers while in the performance of  | 
| 12 |  | their duties, or
while commuting between their homes,  | 
| 13 |  | places of employment or specific locations
that are part of  | 
| 14 |  | their assigned duties, with the consent of the chief judge  | 
| 15 |  | of
the circuit for which they are employed, if they have  | 
| 16 |  | received weapons training according
to requirements of the  | 
| 17 |  | Peace Officer and Probation Officer Firearm Training Act.
 | 
| 18 |  |   (13) Court Security Officers while in the performance  | 
| 19 |  | of their official
duties, or while commuting between their  | 
| 20 |  | homes and places of employment, with
the
consent of the  | 
| 21 |  | Sheriff.
 | 
| 22 |  |   (13.5) A person employed as an armed security guard at  | 
| 23 |  | a nuclear energy,
storage, weapons or development site or  | 
| 24 |  | facility regulated by the Nuclear
Regulatory Commission  | 
| 25 |  | who has completed the background screening and training
 | 
| 26 |  | mandated by the rules and regulations of the Nuclear  | 
|     | 
| |  |  | HB1422 Enrolled | - 15 - | LRB099 03523 HAF 23531 b | 
 | 
|  | 
| 1 |  | Regulatory Commission.
 | 
| 2 |  |   (14) Manufacture, transportation, or sale of weapons  | 
| 3 |  | to
persons
authorized under subdivisions (1) through  | 
| 4 |  | (13.5) of this
subsection
to
possess those weapons.
 | 
| 5 |  |  (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply  | 
| 6 |  | to
or affect any person carrying a concealed pistol, revolver,  | 
| 7 |  | or handgun and the person has been issued a currently valid  | 
| 8 |  | license under the Firearm Concealed Carry Act at the time of  | 
| 9 |  | the commission of the offense.  | 
| 10 |  |  (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section  | 
| 11 |  | 24-1.6 do not
apply to or affect
any of the following:
 | 
| 12 |  |   (1) Members of any club or organization organized for  | 
| 13 |  | the purpose of
practicing shooting at targets upon  | 
| 14 |  | established target ranges, whether
public or private, and  | 
| 15 |  | patrons of such ranges, while such members
or patrons are  | 
| 16 |  | using their firearms on those target ranges.
 | 
| 17 |  |   (2) Duly authorized military or civil organizations  | 
| 18 |  | while parading,
with the special permission of the  | 
| 19 |  | Governor.
 | 
| 20 |  |   (3) Hunters, trappers or fishermen with a license or
 | 
| 21 |  | permit while engaged in hunting,
trapping or fishing.
 | 
| 22 |  |   (4) Transportation of weapons that are broken down in a
 | 
| 23 |  | non-functioning state or are not immediately accessible.
 | 
| 24 |  |   (5) Carrying or possessing any pistol, revolver, stun  | 
| 25 |  | gun or taser or other firearm on the land or in the legal  | 
| 26 |  | dwelling of another person as an invitee with that person's  | 
|     | 
| |  |  | HB1422 Enrolled | - 16 - | LRB099 03523 HAF 23531 b | 
 | 
|  | 
| 1 |  | permission.  | 
| 2 |  |  (c) Subsection 24-1(a)(7) does not apply to or affect any  | 
| 3 |  | of the
following:
 | 
| 4 |  |   (1) Peace officers while in performance of their  | 
| 5 |  | official duties.
 | 
| 6 |  |   (2) Wardens, superintendents and keepers of prisons,  | 
| 7 |  | penitentiaries,
jails and other institutions for the  | 
| 8 |  | detention of persons accused or
convicted of an offense.
 | 
| 9 |  |   (3) Members of the Armed Services or Reserve Forces of  | 
| 10 |  | the United States
or the Illinois National Guard, while in  | 
| 11 |  | the performance of their official
duty.
 | 
| 12 |  |   (4) Manufacture, transportation, or sale of machine  | 
| 13 |  | guns to persons
authorized under subdivisions (1) through  | 
| 14 |  | (3) of this subsection to
possess machine guns, if the  | 
| 15 |  | machine guns are broken down in a
non-functioning state or  | 
| 16 |  | are not immediately accessible.
 | 
| 17 |  |   (5) Persons licensed under federal law to manufacture  | 
| 18 |  | any weapon from
which 8 or more shots or bullets can be  | 
| 19 |  | discharged by a
single function of the firing device, or  | 
| 20 |  | ammunition for such weapons, and
actually engaged in the  | 
| 21 |  | business of manufacturing such weapons or
ammunition, but  | 
| 22 |  | only with respect to activities which are within the lawful
 | 
| 23 |  | scope of such business, such as the manufacture,  | 
| 24 |  | transportation, or testing
of such weapons or ammunition.  | 
| 25 |  | This exemption does not authorize the
general private  | 
| 26 |  | possession of any weapon from which 8 or more
shots or  | 
|     | 
| |  |  | HB1422 Enrolled | - 17 - | LRB099 03523 HAF 23531 b | 
 | 
|  | 
| 1 |  | bullets can be discharged by a single function of the  | 
| 2 |  | firing
device, but only such possession and activities as  | 
| 3 |  | are within the lawful
scope of a licensed manufacturing  | 
| 4 |  | business described in this paragraph.
 | 
| 5 |  |   During transportation, such weapons shall be broken  | 
| 6 |  | down in a
non-functioning state or not immediately  | 
| 7 |  | accessible.
 | 
| 8 |  |   (6) The manufacture, transport, testing, delivery,  | 
| 9 |  | transfer or sale,
and all lawful commercial or experimental  | 
| 10 |  | activities necessary thereto, of
rifles, shotguns, and  | 
| 11 |  | weapons made from rifles or shotguns,
or ammunition for  | 
| 12 |  | such rifles, shotguns or weapons, where engaged in
by a  | 
| 13 |  | person operating as a contractor or subcontractor pursuant  | 
| 14 |  | to a
contract or subcontract for the development and supply  | 
| 15 |  | of such rifles,
shotguns, weapons or ammunition to the  | 
| 16 |  | United States government or any
branch of the Armed Forces  | 
| 17 |  | of the United States, when such activities are
necessary  | 
| 18 |  | and incident to fulfilling the terms of such contract.
 | 
| 19 |  |   The exemption granted under this subdivision (c)(6)
 | 
| 20 |  | shall also apply to any authorized agent of any such  | 
| 21 |  | contractor or
subcontractor who is operating within the  | 
| 22 |  | scope of his employment, where
such activities involving  | 
| 23 |  | such weapon, weapons or ammunition are necessary
and  | 
| 24 |  | incident to fulfilling the terms of such contract.
 | 
| 25 |  |   (7) A person possessing a rifle with a barrel or  | 
| 26 |  | barrels less than 16 inches in length if: (A) the person  | 
|     | 
| |  |  | HB1422 Enrolled | - 18 - | LRB099 03523 HAF 23531 b | 
 | 
|  | 
| 1 |  | has been issued a Curios and Relics license from the U.S.  | 
| 2 |  | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)  | 
| 3 |  | the person is an active member of a bona fide, nationally  | 
| 4 |  | recognized military re-enacting group and the modification  | 
| 5 |  | is required and necessary to accurately portray the weapon  | 
| 6 |  | for historical re-enactment purposes; the re-enactor is in  | 
| 7 |  | possession of a valid and current re-enacting group  | 
| 8 |  | membership credential; and the overall length of the weapon  | 
| 9 |  | as modified is not less than 26 inches. | 
| 10 |  |  (d) Subsection 24-1(a)(1) does not apply to the purchase,  | 
| 11 |  | possession
or carrying of a black-jack or slung-shot by a peace  | 
| 12 |  | officer.
 | 
| 13 |  |  (e) Subsection 24-1(a)(8) does not apply to any owner,  | 
| 14 |  | manager or
authorized employee of any place specified in that  | 
| 15 |  | subsection nor to any
law enforcement officer.
 | 
| 16 |  |  (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and  | 
| 17 |  | Section 24-1.6
do not apply
to members of any club or  | 
| 18 |  | organization organized for the purpose of practicing
shooting  | 
| 19 |  | at targets upon established target ranges, whether public or  | 
| 20 |  | private,
while using their firearms on those target ranges.
 | 
| 21 |  |  (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply  | 
| 22 |  | to:
 | 
| 23 |  |   (1) Members of the Armed Services or Reserve Forces of  | 
| 24 |  | the United
States or the Illinois National Guard, while in  | 
| 25 |  | the performance of their
official duty.
 | 
| 26 |  |   (2) Bonafide collectors of antique or surplus military  | 
|     | 
| |  |  | HB1422 Enrolled | - 19 - | LRB099 03523 HAF 23531 b | 
 | 
|  | 
| 1 |  | ordinance.
 | 
| 2 |  |   (3) Laboratories having a department of forensic  | 
| 3 |  | ballistics, or
specializing in the development of  | 
| 4 |  | ammunition or explosive ordinance.
 | 
| 5 |  |   (4) Commerce, preparation, assembly or possession of  | 
| 6 |  | explosive
bullets by manufacturers of ammunition licensed  | 
| 7 |  | by the federal government,
in connection with the supply of  | 
| 8 |  | those organizations and persons exempted
by subdivision  | 
| 9 |  | (g)(1) of this Section, or like organizations and persons
 | 
| 10 |  | outside this State, or the transportation of explosive  | 
| 11 |  | bullets to any
organization or person exempted in this  | 
| 12 |  | Section by a common carrier or by a
vehicle owned or leased  | 
| 13 |  | by an exempted manufacturer.
 | 
| 14 |  |  (g-5) Subsection 24-1(a)(6) does not apply to or affect  | 
| 15 |  | persons licensed
under federal law to manufacture any device or  | 
| 16 |  | attachment of any kind designed,
used, or intended for use in  | 
| 17 |  | silencing the report of any firearm, firearms, or
ammunition
 | 
| 18 |  | for those firearms equipped with those devices, and actually  | 
| 19 |  | engaged in the
business of manufacturing those devices,  | 
| 20 |  | firearms, or ammunition, but only with
respect to
activities  | 
| 21 |  | that are within the lawful scope of that business, such as the
 | 
| 22 |  | manufacture, transportation, or testing of those devices,  | 
| 23 |  | firearms, or
ammunition. This
exemption does not authorize the  | 
| 24 |  | general private possession of any device or
attachment of any  | 
| 25 |  | kind designed, used, or intended for use in silencing the
 | 
| 26 |  | report of any firearm, but only such possession and activities  | 
|     | 
| |  |  | HB1422 Enrolled | - 20 - | LRB099 03523 HAF 23531 b | 
 | 
|  | 
| 1 |  | as are within
the
lawful scope of a licensed manufacturing  | 
| 2 |  | business described in this subsection
(g-5). During  | 
| 3 |  | transportation, these devices shall be detached from any weapon
 | 
| 4 |  | or
not immediately accessible.
 | 
| 5 |  |  (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
 | 
| 6 |  | 24-1.6 do not apply to
or affect any parole agent or parole  | 
| 7 |  | supervisor who meets the qualifications and conditions  | 
| 8 |  | prescribed in Section 3-14-1.5 of the Unified Code of  | 
| 9 |  | Corrections.  | 
| 10 |  |  (g-7) Subsection 24-1(a)(6) does not apply to a peace  | 
| 11 |  | officer while serving as a member of a tactical response team  | 
| 12 |  | or special operations team. A peace officer may not personally  | 
| 13 |  | own or apply for ownership of a device or attachment of any  | 
| 14 |  | kind designed, used, or intended for use in silencing the  | 
| 15 |  | report of any firearm. These devices shall be owned and  | 
| 16 |  | maintained by lawfully recognized units of government whose  | 
| 17 |  | duties include the investigation of criminal acts. | 
| 18 |  |  (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and  | 
| 19 |  | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an  | 
| 20 |  | athlete's possession, transport on official Olympic and  | 
| 21 |  | Paralympic transit systems established for athletes, or use of  | 
| 22 |  | competition firearms sanctioned by the International Olympic  | 
| 23 |  | Committee, the International Paralympic Committee, the  | 
| 24 |  | International Shooting Sport Federation, or USA Shooting in  | 
| 25 |  | connection with such athlete's training for and participation  | 
| 26 |  | in shooting competitions at the 2016 Olympic and Paralympic  | 
|     | 
| |  |  | HB1422 Enrolled | - 21 - | LRB099 03523 HAF 23531 b | 
 | 
|  | 
| 1 |  | Games and sanctioned test events leading up to the 2016 Olympic  | 
| 2 |  | and Paralympic Games.  | 
| 3 |  |  (h) An information or indictment based upon a violation of  | 
| 4 |  | any
subsection of this Article need not negative any exemptions  | 
| 5 |  | contained in
this Article. The defendant shall have the burden  | 
| 6 |  | of proving such an
exemption.
 | 
| 7 |  |  (i) Nothing in this Article shall prohibit, apply to, or  | 
| 8 |  | affect
the transportation, carrying, or possession, of any  | 
| 9 |  | pistol or revolver,
stun gun, taser, or other firearm consigned  | 
| 10 |  | to a common carrier operating
under license of the State of  | 
| 11 |  | Illinois or the federal government, where
such transportation,  | 
| 12 |  | carrying, or possession is incident to the lawful
 | 
| 13 |  | transportation in which such common carrier is engaged; and  | 
| 14 |  | nothing in this
Article shall prohibit, apply to, or affect the  | 
| 15 |  | transportation, carrying,
or possession of any pistol,  | 
| 16 |  | revolver, stun gun, taser, or other firearm,
not the subject of  | 
| 17 |  | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of  | 
| 18 |  | this Article, which is unloaded and enclosed in a case, firearm
 | 
| 19 |  | carrying box, shipping box, or other container, by the  | 
| 20 |  | possessor of a valid
Firearm Owners Identification Card.
 | 
| 21 |  | (Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12;  | 
| 22 |  | 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13;  | 
| 23 |  | 98-463, eff. 8-16-13; 98-725, eff. 1-1-15.)
 | 
| 24 |  |  Section 99. Effective date. This Act takes effect upon  | 
| 25 |  | becoming law.
 |