99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3318
 
Introduced , by Rep. John D. Anthony
 
SYNOPSIS AS INTRODUCED:



 
720 ILCS 5/24-2
730 ILCS 5/3-2-12 new

 Amends the Criminal Code of 2012 and the Unified Code of Corrections. Permits currently employed and retired State correctional officers to carry their own firearms off duty without being in violation of the unlawful use of weapons and aggravated unlawful use of a weapon statutes if they meet certain training requirements.



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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB3318LRB099 10171 RLC 30395 b



1 AN ACT concerning correctional officers.


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

3represented in the General Assembly:



4 Section 5. The Criminal Code of 2012 is amended by changing 
5Section 24-2 as follows:


6 (720 ILCS 5/24-2)



7 Sec. 24-2. Exemptions. 

8 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
924-1(a)(13) and Section
24-1.6 do not apply to
or affect any of 
10the following:

11  (1) Peace officers, and any person summoned by a peace 
12 officer to
assist in making arrests or preserving the 
13 peace, while actually engaged in
assisting such officer.

14  (2) Wardens, superintendents and keepers of prisons,

15 penitentiaries, jails and other institutions for the 
16 detention of persons
accused or convicted of an offense, 
17 while in the performance of their
official duty, or while 
18 commuting between their homes and places of employment.

19  (3) Members of the Armed Services or Reserve Forces of 
20 the United States
or the Illinois National Guard or the 
21 Reserve Officers Training Corps,
while in the performance 
22 of their official duty.

23  (4) Special agents employed by a railroad or a public 
 
 
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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 an agency
certified by the Department of 
10 Financial and Professional Regulation, if their duties

11 include the carrying of a weapon under the provisions of 
12 the Private
Detective, Private Alarm,
Private Security, 
13 Fingerprint Vendor, and Locksmith Act of 2004,
while 
14 actually
engaged in the performance of the duties of their 
15 employment or commuting
between their homes and places of 
16 employment, provided that such commuting
is accomplished 
17 within one hour from departure from home or place of

18 employment, as the case may be. A person shall be 
19 considered eligible for this
exemption if he or she has 
20 completed the required 20
hours of training for a private 
21 security contractor, private
detective, or private alarm 
22 contractor, or employee of a licensed agency and 20 hours 
23 of required firearm
training, and has been issued a firearm 
24 control card by
the Department of Financial and 
25 Professional Regulation. Conditions for the renewal of

26 firearm control cards issued under the provisions of this 
 
 
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1 Section
shall be the same as for those cards issued under 
2 the provisions of the
Private Detective, Private Alarm,

3 Private Security, Fingerprint Vendor, and Locksmith Act of 
4 2004. The
firearm control card shall be carried by the 
5 private security contractor, private
detective, or private 
6 alarm contractor, or employee of the licensed agency at all

7 times when he or she is in possession of a concealable 
8 weapon.

9  (6) Any person regularly employed in a commercial or 
10 industrial
operation as a security guard for the protection 
11 of persons employed
and private property related to such 
12 commercial or industrial
operation, while actually engaged 
13 in the performance of his or her
duty or traveling between 
14 sites or properties belonging to the
employer, and who, as 
15 a security guard, is a member of a security force of
at 
16 least 5 persons registered with the Department of Financial 
17 and Professional
Regulation; provided that such security 
18 guard has successfully completed a
course of study, 
19 approved by and supervised by the Department of
Financial 
20 and Professional Regulation, consisting of not less than 40 
21 hours of training
that includes the theory of law 
22 enforcement, liability for acts, and the
handling of 
23 weapons. A person shall be considered eligible for this

24 exemption if he or she has completed the required 20
hours 
25 of training for a security officer and 20 hours of required 
26 firearm
training, and has been issued a firearm control 
 
 
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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 security guard at all

8 times when he or she is in possession of a concealable 
9 weapon.

10  (7) Agents and investigators of the Illinois 
11 Legislative Investigating
Commission authorized by the 
12 Commission to carry the weapons specified in
subsections 
13 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

14 any investigation for the Commission.

15  (8) Persons employed by a financial institution for the 
16 protection of
other employees and property related to such 
17 financial institution, while
actually engaged in the 
18 performance of their duties, commuting between
their homes 
19 and places of employment, or traveling between sites or

20 properties owned or operated by such financial 
21 institution, provided that
any person so employed has 
22 successfully completed a course of study,
approved by and 
23 supervised by the Department of Financial and Professional 
24 Regulation,
consisting of not less than 40 hours of 
25 training which includes theory of
law enforcement, 
26 liability for acts, and the handling of weapons.
A person 
 
 
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1 shall be considered to be eligible for this exemption if he 
2 or
she has completed the required 20 hours of training for 
3 a security officer
and 20 hours of required firearm 
4 training, and has been issued a
firearm control card by the 
5 Department of Financial and Professional Regulation.

6 Conditions for renewal of firearm control cards issued 
7 under the
provisions of this Section shall be the same as 
8 for those issued under the
provisions of the Private 
9 Detective, Private Alarm,
Private Security, Fingerprint 
10 Vendor, and Locksmith Act of 2004.
Such firearm control 
11 card shall be carried by the person so
trained at all times 
12 when such person is in possession of a concealable
weapon. 
13 For purposes of this subsection, "financial institution" 
14 means a
bank, savings and loan association, credit union or 
15 company providing
armored car services.

16  (9) Any person employed by an armored car company to 
17 drive an armored
car, while actually engaged in the 
18 performance of his duties.

19  (10) Persons who have been classified as peace officers 
20 pursuant
to the Peace Officer Fire Investigation Act.

21  (11) Investigators of the Office of the State's 
22 Attorneys Appellate
Prosecutor authorized by the board of 
23 governors of the Office of the
State's Attorneys Appellate 
24 Prosecutor to carry weapons pursuant to
Section 7.06 of the 
25 State's Attorneys Appellate Prosecutor's Act.

26  (12) Special investigators appointed by a State's 
 
 
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1 Attorney under
Section 3-9005 of the Counties Code.

2  (12.5) Probation officers while in the performance of 
3 their duties, or
while commuting between their homes, 
4 places of employment or specific locations
that are part of 
5 their assigned duties, with the consent of the chief judge 
6 of
the circuit for which they are employed, if they have 
7 received weapons training according
to requirements of the 
8 Peace Officer and Probation Officer Firearm 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) do not apply 
23to
or affect any person carrying a concealed pistol, revolver, 
24or handgun and the person has been issued a currently valid 
25license under the Firearm Concealed Carry Act at the time of 
26the commission of the offense. 
 
 
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1 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
224-1.6 do not
apply to or affect
any of the following:

3  (1) Members of any club or organization organized for 
4 the purpose of
practicing shooting at targets upon 
5 established target ranges, whether
public or private, and 
6 patrons of such ranges, while such members
or patrons are 
7 using their firearms on those target ranges.

8  (2) Duly authorized military or civil organizations 
9 while parading,
with the special permission of the 
10 Governor.

11  (3) Hunters, trappers or fishermen with a license or

12 permit while engaged in hunting,
trapping or fishing.

13  (4) Transportation of weapons that are broken down in a

14 non-functioning state or are not immediately accessible.

15  (5) Carrying or possessing any pistol, revolver, stun 
16 gun or taser or other firearm on the land or in the legal 
17 dwelling of another person as an invitee with that person's 
18 permission. 
19 (c) Subsection 24-1(a)(7) does not apply to or affect any 
20of the
following:

21  (1) Peace officers while in performance of their 
22 official duties.

23  (2) Wardens, superintendents and keepers of prisons, 
24 penitentiaries,
jails and other institutions for the 
25 detention of persons accused or
convicted of an offense.

26  (3) Members of the Armed Services or Reserve Forces of 
 
 
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1 the United States
or the Illinois National Guard, while in 
2 the performance of their official
duty.

3  (4) Manufacture, transportation, or sale of machine 
4 guns to persons
authorized under subdivisions (1) through 
5 (3) of this subsection to
possess machine guns, if the 
6 machine guns are broken down in a
non-functioning state or 
7 are not immediately accessible.

8  (5) Persons licensed under federal law to manufacture 
9 any weapon from
which 8 or more shots or bullets can be 
10 discharged by a
single function of the firing device, or 
11 ammunition for such weapons, and
actually engaged in the 
12 business of manufacturing such weapons or
ammunition, but 
13 only with respect to activities which are within the lawful

14 scope of such business, such as the manufacture, 
15 transportation, or testing
of such weapons or ammunition. 
16 This exemption does not authorize the
general private 
17 possession of any weapon from which 8 or more
shots or 
18 bullets can be discharged by a single function of the 
19 firing
device, but only such possession and activities as 
20 are within the lawful
scope of a licensed manufacturing 
21 business described in this paragraph.

22  During transportation, such weapons shall be broken 
23 down in a
non-functioning state or not immediately 
24 accessible.

25  (6) The manufacture, transport, testing, delivery, 
26 transfer or sale,
and all lawful commercial or experimental 
 
 
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1 activities necessary thereto, of
rifles, shotguns, and 
2 weapons made from rifles or shotguns,
or ammunition for 
3 such rifles, shotguns or weapons, where engaged in
by a 
4 person operating as a contractor or subcontractor pursuant 
5 to a
contract or subcontract for the development and supply 
6 of such rifles,
shotguns, weapons or ammunition to the 
7 United States government or any
branch of the Armed Forces 
8 of the United States, when such activities are
necessary 
9 and incident to fulfilling the terms of such contract.

10  The exemption granted under this subdivision (c)(6)

11 shall also apply to any authorized agent of any such 
12 contractor or
subcontractor who is operating within the 
13 scope of his employment, where
such activities involving 
14 such weapon, weapons or ammunition are necessary
and 
15 incident to fulfilling the terms of such contract.

16  (7) A person possessing a rifle with a barrel or 
17 barrels less than 16 inches in length if: (A) the person 
18 has been issued a Curios and Relics license from the U.S. 
19 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) 
20 the person is an active member of a bona fide, nationally 
21 recognized military re-enacting group and the modification 
22 is required and necessary to accurately portray the weapon 
23 for historical re-enactment purposes; the re-enactor is in 
24 possession of a valid and current re-enacting group 
25 membership credential; and the overall length of the weapon 
26 as modified is not less than 26 inches.
 
 
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1 (d) Subsection 24-1(a)(1) does not apply to the purchase, 
2possession
or carrying of a black-jack or slung-shot by a peace 
3officer.

4 (e) Subsection 24-1(a)(8) does not apply to any owner, 
5manager or
authorized employee of any place specified in that 
6subsection nor to any
law enforcement officer.

7 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
8Section 24-1.6
do not apply
to members of any club or 
9organization organized for the purpose of practicing
shooting 
10at targets upon established target ranges, whether public or 
11private,
while using their firearms on those target ranges.

12 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
13to:

14  (1) Members of the Armed Services or Reserve Forces of 
15 the United
States or the Illinois National Guard, while in 
16 the performance of their
official duty.

17  (2) Bonafide collectors of antique or surplus military 
18 ordinance.

19  (3) Laboratories having a department of forensic 
20 ballistics, or
specializing in the development of 
21 ammunition or explosive ordinance.

22  (4) Commerce, preparation, assembly or possession of 
23 explosive
bullets by manufacturers of ammunition licensed 
24 by the federal government,
in connection with the supply of 
25 those organizations and persons exempted
by subdivision 
26 (g)(1) of this Section, or like organizations and persons

 
 
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1 outside this State, or the transportation of explosive 
2 bullets to any
organization or person exempted in this 
3 Section by a common carrier or by a
vehicle owned or leased 
4 by an exempted manufacturer.

5 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
6persons licensed
under federal law to manufacture any device or 
7attachment of any kind designed,
used, or intended for use in 
8silencing the report of any firearm, firearms, or
ammunition

9for those firearms equipped with those devices, and actually 
10engaged in the
business of manufacturing those devices, 
11firearms, or ammunition, but only with
respect to
activities 
12that are within the lawful scope of that business, such as the

13manufacture, transportation, or testing of those devices, 
14firearms, or
ammunition. This
exemption does not authorize the 
15general private possession of any device or
attachment of any 
16kind designed, used, or intended for use in silencing the

17report of any firearm, but only such possession and activities 
18as are within
the
lawful scope of a licensed manufacturing 
19business described in this subsection
(g-5). During 
20transportation, these devices shall be detached from any weapon

21or
not immediately accessible.

22 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

2324-1.6 do not apply to
or affect any parole agent or parole 
24supervisor who meets the qualifications and conditions 
25prescribed in Section 3-14-1.5 of the Unified Code of 
26Corrections. 
 
 
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1 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
2officer while serving as a member of a tactical response team 
3or special operations team. A peace officer may not personally 
4own or apply for ownership of a device or attachment of any 
5kind designed, used, or intended for use in silencing the 
6report of any firearm. These devices shall be owned and 
7maintained by lawfully recognized units of government whose 
8duties include the investigation of criminal acts.
9 (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

1024-1.6 do not apply to
or affect any currently employed or 
11retired State correctional officer who meets the 
12qualifications and conditions prescribed in Section 3-2-12 of 
13the Unified Code of Corrections.
14 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 
1524-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an 
16athlete's possession, transport on official Olympic and 
17Paralympic transit systems established for athletes, or use of 
18competition firearms sanctioned by the International Olympic 
19Committee, the International Paralympic Committee, the 
20International Shooting Sport Federation, or USA Shooting in 
21connection with such athlete's training for and participation 
22in shooting competitions at the 2016 Olympic and Paralympic 
23Games and sanctioned test events leading up to the 2016 Olympic 
24and Paralympic Games. 
25 (h) An information or indictment based upon a violation of 
26any
subsection of this Article need not negative any exemptions 
 
 
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1contained in
this Article. The defendant shall have the burden 
2of proving such an
exemption.

3 (i) Nothing in this Article shall prohibit, apply to, or 
4affect
the transportation, carrying, or possession, of any 
5pistol or revolver,
stun gun, taser, or other firearm consigned 
6to a common carrier operating
under license of the State of 
7Illinois or the federal government, where
such transportation, 
8carrying, or possession is incident to the lawful

9transportation in which such common carrier is engaged; and 
10nothing in this
Article shall prohibit, apply to, or affect the 
11transportation, carrying,
or possession of any pistol, 
12revolver, stun gun, taser, or other firearm,
not the subject of 
13and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of 
14this Article, which is unloaded and enclosed in a case, firearm

15carrying box, shipping box, or other container, by the 
16possessor of a valid
Firearm Owners Identification Card.

17(Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12; 
1897-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13; 
1998-463, eff. 8-16-13; 98-725, eff. 1-1-15.)

20 Section 10. The Unified Code of Corrections is amended by 
21adding Section 3-2-12 as follows:

22 (730 ILCS 5/3-2-12 new)
23 Sec. 3-2-12. State correctional officers; off-duty 
24firearms. 
 
 
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1 (a) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
224-1.6 of the Criminal Code of 2012 do not apply to currently 
3employed or retired State correctional officers who meet the 
4following conditions:
5  (1) The currently employed or retired State 
6 correctional officer must receive
training in the use of 
7 firearms while off duty conducted by the Illinois Law 
8 Enforcement Training Standards Board and be certified as 
9 having successfully completing the training by the Board. 
10 The Board shall determine the amount of the training and 
11 the course content for the training. The currently employed 
12 or retired State correctional officer shall requalify for 
13 the firearms training annually at a State range certified 
14 by the Illinois Law Enforcement Training Standards Board. 
15 The expenses of the retraining shall be paid by the 
16 currently employed or retired State correctional officer 
17 and moneys for the costs of the requalification shall be 
18 expended at the request of the Illinois Law Enforcement 
19 Training Standards Board.
20  (2) The currently employed or retired State 
21 correctional officer shall purchase
the firearm at his or 
22 her own expense and shall register the firearm with the 
23 Illinois Department of State Police and with any other 
24 local law enforcement agencies that require the 
25 registration.
26  (3) The currently employed or retired State 
 
 
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1 correctional officer may not carry
any Illinois Department 
2 of Corrections or Department of Juvenile Justice 
3 State-issued firearm while off duty. A person who violates 
4 this paragraph (3) is subject to disciplinary action by the 
5 Illinois Department of Corrections or the Department of 
6 Juvenile Justice.
7  (4) State correctional officers who are or were 
8 discharged from
employment by the Illinois Department of 
9 Corrections or the Department of Juvenile Justice shall no 
10 longer be considered law enforcement officials and all 
11 their rights as law enforcement officials shall be revoked 
12 permanently.
13 (b) For the purposes of this Section, "State correctional 
14officer" means an employee of the Department of Corrections or 
15the Department of Juvenile Justice who has custody and control 
16over inmates in an adult or juvenile correctional facility.