100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0674
 
Introduced , by Rep. John M. Cabello
 
SYNOPSIS AS INTRODUCED:



See Index
 Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective January 1, 2018.



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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB0674LRB100 07853 SLF 17922 b



1 AN ACT concerning firearms.


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

3represented in the General Assembly:



4 Section 5. The Freedom of Information Act is amended by 
5changing Section 7.5 as follows:

6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for 
8by the statutes referenced below, the following shall be exempt 
9from inspection and copying:
10  (a) All information determined to be confidential 
11 under Section 4002 of the Technology Advancement and 
12 Development Act.
13  (b) Library circulation and order records identifying 
14 library users with specific materials under the Library 
15 Records Confidentiality Act.
16  (c) Applications, related documents, and medical 
17 records received by the Experimental Organ Transplantation 
18 Procedures Board and any and all documents or other records 
19 prepared by the Experimental Organ Transplantation 
20 Procedures Board or its staff relating to applications it 
21 has received.
22  (d) Information and records held by the Department of 
23 Public Health and its authorized representatives relating 
 
 
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1 to known or suspected cases of sexually transmissible 
2 disease or any information the disclosure of which is 
3 restricted under the Illinois Sexually Transmissible 
4 Disease Control Act.
5  (e) Information the disclosure of which is exempted 
6 under Section 30 of the Radon Industry Licensing Act.
7  (f) Firm performance evaluations under Section 55 of 
8 the Architectural, Engineering, and Land Surveying 
9 Qualifications Based Selection Act.
10  (g) Information the disclosure of which is restricted 
11 and exempted under Section 50 of the Illinois Prepaid 
12 Tuition Act.
13  (h) Information the disclosure of which is exempted 
14 under the State Officials and Employees Ethics Act, and 
15 records of any lawfully created State or local inspector 
16 general's office that would be exempt if created or 
17 obtained by an Executive Inspector General's office under 
18 that Act.
19  (i) Information contained in a local emergency energy 
20 plan submitted to a municipality in accordance with a local 
21 emergency energy plan ordinance that is adopted under 
22 Section 11-21.5-5 of the Illinois Municipal Code.
23  (j) Information and data concerning the distribution 
24 of surcharge moneys collected and remitted by wireless 
25 carriers under the Wireless Emergency Telephone Safety 
26 Act.
 
 
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1  (k) Law enforcement officer identification information 
2 or driver identification information compiled by a law 
3 enforcement agency or the Department of Transportation 
4 under Section 11-212 of the Illinois Vehicle Code.
5  (l) Records and information provided to a residential 
6 health care facility resident sexual assault and death 
7 review team or the Executive Council under the Abuse 
8 Prevention Review Team Act.
9  (m) Information provided to the predatory lending 
10 database created pursuant to Article 3 of the Residential 
11 Real Property Disclosure Act, except to the extent 
12 authorized under that Article.
13  (n) Defense budgets and petitions for certification of 
14 compensation and expenses for court appointed trial 
15 counsel as provided under Sections 10 and 15 of the Capital 
16 Crimes Litigation Act. This subsection (n) shall apply 
17 until the conclusion of the trial of the case, even if the 
18 prosecution chooses not to pursue the death penalty prior 
19 to trial or sentencing.
20  (o) Information that is prohibited from being 
21 disclosed under Section 4 of the Illinois Health and 
22 Hazardous Substances Registry Act.
23  (p) Security portions of system safety program plans, 
24 investigation reports, surveys, schedules, lists, data, or 
25 information compiled, collected, or prepared by or for the 
26 Regional Transportation Authority under Section 2.11 of 
 
 
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1 the Regional Transportation Authority Act or the St. Clair 
2 County Transit District under the Bi-State Transit Safety 
3 Act. 
4  (q) Information prohibited from being disclosed by the 
5 Personnel Records Review Act. 
6  (r) Information prohibited from being disclosed by the 
7 Illinois School Student Records Act. 
8  (s) Information the disclosure of which is restricted 
9 under Section 5-108 of the Public Utilities Act. 

10  (t) All identified or deidentified health information 
11 in the form of health data or medical records contained in, 
12 stored in, submitted to, transferred by, or released from 
13 the Illinois Health Information Exchange, and identified 
14 or deidentified health information in the form of health 
15 data and medical records of the Illinois Health Information 
16 Exchange in the possession of the Illinois Health 
17 Information Exchange Authority due to its administration 
18 of the Illinois Health Information Exchange. The terms 
19 "identified" and "deidentified" shall be given the same 
20 meaning as in the Health Insurance Portability and 
21 Accountability Act of 1996, Public Law 104-191, or any 
22 subsequent amendments thereto, and any regulations 
23 promulgated thereunder. 
24  (u) Records and information provided to an independent 
25 team of experts under Brian's Law. 
26  (v) Names and information of people who have applied 
 
 
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1 for or received Firearm Owner's Identification Cards under 
2 the Firearm Owners Identification Card Act before the 
3 effective date of this amendatory Act of the 100th General 
4 Assembly or applied for or received a concealed carry 
5 license under the Firearm Concealed Carry Act, unless 
6 otherwise authorized by the Firearm Concealed Carry Act; 
7 and databases under the Firearm Concealed Carry Act, 
8 records of the Concealed Carry Licensing Review Board under 
9 the Firearm Concealed Carry Act, and law enforcement agency 
10 objections under the Firearm Concealed Carry Act. 
11  (w) Personally identifiable information which is 
12 exempted from disclosure under subsection (g) of Section 
13 19.1 of the Toll Highway Act.
14  (x) Information which is exempted from disclosure 
15 under Section 5-1014.3 of the Counties Code or Section 
16 8-11-21 of the Illinois Municipal Code. 
17  (y) Confidential information under the Adult 
18 Protective Services Act and its predecessor enabling 
19 statute, the Elder Abuse and Neglect Act, including 
20 information about the identity and administrative finding 
21 against any caregiver of a verified and substantiated 
22 decision of abuse, neglect, or financial exploitation of an 
23 eligible adult maintained in the Registry established 
24 under Section 7.5 of the Adult Protective Services Act. 
25  (z) Records and information provided to a fatality 
26 review team or the Illinois Fatality Review Team Advisory 
 
 
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1 Council under Section 15 of the Adult Protective Services 
2 Act. 
3  (aa) Information which is exempted from disclosure 
4 under Section 2.37 of the Wildlife Code. 
5  (bb) Information which is or was prohibited from 
6 disclosure by the Juvenile Court Act of 1987. 
7  (cc) Recordings made under the Law Enforcement 
8 Officer-Worn Body Camera Act, except to the extent 
9 authorized under that Act.
10  (dd) Information that is prohibited from being 
11 disclosed under Section 45 of the Condominium and Common 
12 Interest Community Ombudsperson Act. 
13  (ee) (dd) Information that is exempted from disclosure 
14 under Section 30.1 of the Pharmacy Practice Act. 
15(Source: P.A. 98-49, eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, 
16eff. 7-16-14; 98-1039, eff. 8-25-14; 98-1045, eff. 8-25-14; 
1799-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, eff. 1-1-16; 
1899-642, eff. 7-28-16; 99-776, eff. 8-12-16; 99-863, eff. 
198-19-16; revised 9-1-16.)

20 Section 10. The Department of State Police Law of the
Civil 
21Administrative Code of Illinois is amended by changing Sections 
222605-45, 2605-300, and 2605-595 as follows:




23 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)



24 Sec. 2605-45. Division of Administration. The Division of

 
 
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1Administration shall exercise the
following functions:


2  (1) Exercise the rights, powers, and duties vested in 
3 the
Department
by the
Governor's Office of Management and 
4 Budget Act.


5  (2) Pursue research and the publication of studies 
6 pertaining
to local
law enforcement activities.


7  (3) Exercise the rights, powers, and duties vested in 
8 the
Department
by the Personnel Code.


9  (4) Operate an electronic data processing and computer 
10 center
for the
storage and retrieval of data pertaining to 
11 criminal activity.


12  (5) Exercise the rights, powers, and duties vested in

13 the former Division of
State Troopers by Section 17 of the 
14 State Police
Act.


15  (6) Exercise the rights, powers, and duties vested in

16 the Department
by "An Act relating to internal auditing in 
17 State government", approved
August 11, 1967 (repealed; now 
18 the Fiscal Control and Internal Auditing Act,
30 ILCS 10/).


19  (6.5) (Blank). Exercise the rights, powers, and duties 
20 vested in the Department
by the Firearm Owners 
21 Identification Card Act.


22  (7) Exercise other duties that may be assigned
by the 
23 Director to
fulfill the responsibilities and achieve the 
24 purposes of the Department.

25(Source: P.A. 94-793, eff. 5-19-06.)





 
 
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1 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)



2 Sec. 2605-300. Records; crime laboratories; personnel. To 
3do
the
following:

4  (1) Be a central repository and custodian of criminal

5 statistics for the State.

6  (2) Be a central repository for criminal history
record 
7 information.

8  (3) Procure and file for record information that is

9 necessary and helpful to plan programs of crime prevention, 
10 law
enforcement,
and criminal justice.

11  (4) Procure and file for record copies of
fingerprints 
12 that may be required by law.

13  (5) Establish general and field
crime laboratories.

14  (6) Register and file for record information that
may 
15 be required by law for the issuance of firearm owner's 
16 identification
cards under the Firearm Owners 
17 Identification Card Act and concealed carry licenses under 
18 the Firearm Concealed Carry Act.

19  (7) Employ laboratory technicians
and
other
specially 
20 qualified persons to aid in the identification of criminal

21 activity, and may employ polygraph operators.

22  (8) Undertake other identification, information,

23 laboratory, statistical, or registration activities that 
24 may be
required by law.

25(Source: P.A. 98-63, eff. 7-9-13; 99-801, eff. 1-1-17.)


 
 
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1 (20 ILCS 2605/2605-595)
2 Sec. 2605-595. State Police Firearm Services Fund.
3 (a) There is created in the State treasury a special fund 
4known as the State Police Firearm Services Fund. The Fund shall 
5receive revenue under the Firearm Concealed Carry Act and 
6Section 5 of the Firearm Owners Identification Card Act. The 
7Fund may also receive revenue from grants, pass-through grants, 
8donations, appropriations, and any other legal source.
9 (b) The Department of State Police may use moneys in the 
10Fund to finance any of its lawful purposes, mandates, 
11functions, and duties under the Firearm Owners Identification 
12Card Act and the Firearm Concealed Carry Act, including the 
13cost of sending notices of expiration of Firearm Owner's 
14Identification Cards, concealed carry licenses, the prompt and 
15efficient processing of applications under the Firearm Owners 
16Identification Card Act and the Firearm Concealed Carry Act, 
17the improved efficiency and reporting of the LEADS and federal 
18NICS law enforcement data systems, and support for 
19investigations required under that Act these Acts and law. Any 
20surplus funds beyond what is needed to comply with the 
21aforementioned purposes shall be used by the Department to 
22improve the Law Enforcement Agencies Data System (LEADS) and 
23criminal history background check system. 
24 (c) Investment income that is attributable to the 
25investment of moneys in the Fund shall be retained in the Fund 
26for the uses specified in this Section. 

 
 
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1(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)



2 (20 ILCS 2605/2605-120 rep.)


3 Section 15. The Department of State Police Law of the
Civil 
4Administrative Code of Illinois is amended by repealing Section 
52605-120.

6 Section 20. The Criminal Identification Act is amended by 
7changing Section 2.2 as follows:

8 (20 ILCS 2630/2.2)
9 Sec. 2.2. Notification to the Department. Upon judgment of 
10conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, 
1112-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal 
12Code of 2012 when the
defendant has been determined, pursuant 
13to Section 112A-11.1 of the Code of Criminal Procedure of 1963,

14to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the 
15circuit court clerk shall
include notification and a copy of 
16the written determination in a report
of the conviction to the 
17Department of State Police Firearm Owner's Identification Card 
18Office to
enable the Department office to perform its duties 
19under the Firearm Concealed Carry Act and Sections 4 and 8 of 
20the Firearm Owners Identification Card Act and to report that 
21determination to the Federal Bureau
of Investigation to assist 
22the Federal Bureau of Investigation in identifying persons 
23prohibited
from purchasing and possessing a firearm pursuant to 
 
 
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1the provisions of
18 U.S.C. 922. The written determination 
2described in this Section shall be included in the defendant's 
3record of arrest and conviction in the manner and form 
4prescribed by the Department of State Police. 

5(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)

6 Section 25. The State Finance Act is amended by changing 
7Section 6z-99 as follows:

8 (30 ILCS 105/6z-99)
9 Sec. 6z-99. The Mental Health Reporting Fund.
10 (a) There is created in the State treasury a special fund 
11known as the Mental Health Reporting Fund. The Fund shall 
12receive revenue under the Firearm Concealed Carry Act. The Fund 
13may also receive revenue from grants, pass-through grants, 
14donations, appropriations, and any other legal source.
15 (b) The Department of State Police and Department of Human 
16Services shall coordinate to use moneys in the Fund to finance 
17their respective duties of collecting and reporting data on 
18mental health records and ensuring that mental health firearm 
19possession prohibitors are enforced as set forth under the 
20Firearm Concealed Carry Act and the Firearm Owners 
21Identification Card Act. Any surplus in the Fund beyond what is 
22necessary to ensure compliance with mental health reporting 
23under that Act these Acts shall be used by the Department of 
24Human Services for mental health treatment programs.
 
 
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1 (c) Investment income that is attributable to the 
2investment of moneys in the Fund shall be retained in the Fund 
3for the uses specified in this Section.

4(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)

5 Section 30. The Peace Officer Firearm Training Act is 
6amended by changing Section 1 as follows:



7 (50 ILCS 710/1) (from Ch. 85, par. 515)



8 Sec. 1. Definitions. As used in this Act: 
9 (a) "Peace officer"
means (i) any person who by virtue of 
10his office or public employment is
vested by law with a primary 
11duty to maintain public order or to make
arrests for offenses, 
12whether that duty extends to all offenses or is
limited to 
13specific offenses, and who is employed in such capacity by any

14county or municipality or (ii) any retired law enforcement 
15officers qualified under federal law to carry a concealed 
16weapon. 
17 (a-5) "Probation officer" means a county probation officer 
18authorized by the Chief Judge of the Circuit Court to carry a 
19firearm as part of his or her duties under Section 12 of the 
20Probation and Probation Officers Act and Section 24-2 of the 
21Criminal Code of 2012. 
22 (b)
"Firearms" means any weapon or device defined as a 
23firearm in Section
2-7.5 of the Criminal Code of 2012 1.1 of 
24"An Act relating to the acquisition, possession and transfer of

 
 
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1firearms and firearm ammunition, to provide a penalty for the 
2violation
thereof and to make an appropriation in connection 
3therewith", approved
August 3, 1967, as amended.

4(Source: P.A. 98-725, eff. 1-1-15.)



5 Section 35. The School Code is amended by changing Sections 
610-22.6, 10-27.1A and 34-8.05 as follows:




7 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)



8 Sec. 10-22.6. Suspension or expulsion of pupils; school 
9searches. 

10 (a) To expel pupils guilty of gross disobedience or 
11misconduct, including gross disobedience or misconduct 
12perpetuated by electronic means, pursuant to subsection (b-20) 
13of this Section, and
no action shall lie against them for such 
14expulsion. Expulsion shall
take place only after the parents 
15have been requested to appear at a
meeting of the board, or 
16with a hearing officer appointed by it, to
discuss their 
17child's behavior. Such request shall be made by registered
or 
18certified mail and shall state the time, place and purpose of 
19the
meeting. The board, or a hearing officer appointed by it, 
20at such
meeting shall state the reasons for dismissal and the 
21date on which the
expulsion is to become effective. If a 
22hearing officer is appointed by
the board he shall report to 
23the board a written summary of the evidence
heard at the 
24meeting and the board may take such action thereon as it
finds 
 
 
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1appropriate. If the board acts to expel a pupil, the written 
2expulsion decision shall detail the specific reasons why 
3removing the pupil from the learning environment is in the best 
4interest of the school. The expulsion decision shall also 
5include a rationale as to the specific duration of the 
6expulsion. An expelled pupil may be immediately transferred to 
7an alternative program in the manner provided in Article 13A or 
813B of this Code. A pupil must not be denied transfer because 
9of the expulsion, except in cases in which such transfer is 
10deemed to cause a threat to the safety of students or staff in 
11the alternative program.

12 (b) To suspend or by policy to authorize the superintendent 
13of
the district or the principal, assistant principal, or dean 
14of students
of any school to suspend pupils guilty of gross 
15disobedience or misconduct, or
to suspend pupils guilty of 
16gross disobedience or misconduct on the school bus
from riding 
17the school bus, pursuant to subsections (b-15) and (b-20) of 
18this Section, and no action
shall lie against them for such 
19suspension. The board may by policy
authorize the 
20superintendent of the district or the principal, assistant

21principal, or dean of students of any
school to suspend pupils 
22guilty of such acts for a period not to exceed
10 school days. 
23If a pupil is suspended due to gross disobedience or misconduct

24on a school bus, the board may suspend the pupil in excess of 
2510
school
days for safety reasons. 
26 Any suspension shall be reported immediately to the
parents 
 
 
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1or guardian of a pupil along with a full statement of the

2reasons for such suspension and a notice of their right to a 
3review. The school board must be given a summary of the notice, 
4including the reason for the suspension and the suspension 
5length. Upon request of the
parents or guardian the school 
6board or a hearing officer appointed by
it shall review such 
7action of the superintendent or principal, assistant

8principal, or dean of students. At such
review the parents or 
9guardian of the pupil may appear and discuss the
suspension 
10with the board or its hearing officer. If a hearing officer
is 
11appointed by the board he shall report to the board a written 
12summary
of the evidence heard at the meeting. After its hearing 
13or upon receipt
of the written report of its hearing officer, 
14the board may take such
action as it finds appropriate. If a 
15student is suspended pursuant to this subsection (b), the board 
16shall, in the written suspension decision, detail the specific 
17act of gross disobedience or misconduct resulting in the 
18decision to suspend. The suspension decision shall also include 
19a rationale as to the specific duration of the suspension. A 
20pupil who is suspended in excess of 20 school days may be 
21immediately transferred to an alternative program in the manner 
22provided in Article 13A or 13B of this Code. A pupil must not 
23be denied transfer because of the suspension, except in cases 
24in which such transfer is deemed to cause a threat to the 
25safety of students or staff in the alternative program.

26 (b-5) Among the many possible disciplinary interventions 
 
 
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1and consequences available to school officials, school 
2exclusions, such as out-of-school suspensions and expulsions, 
3are the most serious. School officials shall limit the number 
4and duration of expulsions and suspensions to the greatest 
5extent practicable, and it is recommended that they use them 
6only for legitimate educational purposes. To ensure that 
7students are not excluded from school unnecessarily, it is 
8recommended that school officials consider forms of 
9non-exclusionary discipline prior to using out-of-school 
10suspensions or expulsions.
11 (b-10) Unless otherwise required by federal law or this 
12Code, school boards may not institute zero-tolerance policies 
13by which school administrators are required to suspend or expel 
14students for particular behaviors.
15 (b-15) Out-of-school suspensions of 3 days or less may be 
16used only if the student's continuing presence in school would 
17pose a threat to school safety or a disruption to other 
18students' learning opportunities. For purposes of this 
19subsection (b-15), "threat to school safety or a disruption to 
20other students' learning opportunities" shall be determined on 
21a case-by-case basis by the school board or its designee. 
22School officials shall make all reasonable efforts to resolve 
23such threats, address such disruptions, and minimize the length 
24of suspensions to the greatest extent practicable.
25 (b-20) Unless otherwise required by this Code, 
26out-of-school suspensions of longer than 3 days, expulsions, 
 
 
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1and disciplinary removals to alternative schools may be used 
2only if other appropriate and available behavioral and 
3disciplinary interventions have been exhausted and the 
4student's continuing presence in school would either (i) pose a

5threat to the safety of other students, staff, or members of

6the school community or (ii) substantially disrupt, impede, or

7interfere with the operation of the school. For purposes of 
8this subsection (b-20), "threat to the safety of other 
9students, staff, or members of the school community" and 
10"substantially disrupt, impede, or interfere with the 
11operation of the school" shall be determined on a case-by-case 
12basis by school officials. For purposes of this subsection 
13(b-20), the determination of whether "appropriate and 
14available behavioral and disciplinary interventions have been 
15exhausted" shall be made by school officials. School officials 
16shall make all reasonable efforts to resolve such threats, 
17address such disruptions, and minimize the length of student 
18exclusions to the greatest extent practicable. Within the 
19suspension decision described in subsection (b) of this Section 
20or the expulsion decision described in subsection (a) of this 
21Section, it shall be documented whether other interventions 
22were attempted or whether it was determined that there were no 
23other appropriate and available interventions.
24 (b-25) Students who are suspended out-of-school for longer 
25than 4 school days shall be provided appropriate and available 
26support services during the period of their suspension. For 
 
 
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1purposes of this subsection (b-25), "appropriate and available 
2support services" shall be determined by school authorities. 
3Within the suspension decision described in subsection (b) of 
4this Section, it shall be documented whether such services are 
5to be provided or whether it was determined that there are no 
6such appropriate and available services.
7 A school district may refer students who are expelled to 
8appropriate and available support services.
9 A school district shall create a policy to facilitate the 
10re-engagement of students who are suspended out-of-school, 
11expelled, or returning from an alternative school setting.
12 (b-30) A school district shall create a policy by which 
13suspended pupils, including those pupils suspended from the 
14school bus who do not have alternate transportation to school, 
15shall have the opportunity to make up work for equivalent 
16academic credit. It shall be the responsibility of a pupil's 
17parent or guardian to notify school officials that a pupil 
18suspended from the school bus does not have alternate 
19transportation to school. 
20 (c) The Department of Human Services
shall be invited to 
21send a representative to consult with the board at
such meeting 
22whenever there is evidence that mental illness may be the
cause 
23for expulsion or suspension.

24 (c-5) School districts shall make reasonable efforts to 
25provide ongoing professional development to teachers, 
26administrators, school board members, school resource 
 
 
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1officers, and staff on the adverse consequences of school 
2exclusion and justice-system involvement, effective classroom 
3management strategies, culturally responsive discipline, and 
4developmentally appropriate disciplinary methods that promote 
5positive and healthy school climates. 
6 (d) The board may expel a student for a definite period of 
7time not to
exceed 2 calendar years, as determined on a case by 
8case basis.
A student who
is determined to have brought one of 
9the following objects to school, any school-sponsored activity

10or event, or any activity or event that bears a reasonable 
11relationship to school shall be expelled for a period of not 
12less than
one year:
13  (1) A firearm. For the purposes of this Section, 
14 "firearm" means any gun, rifle, shotgun, weapon as defined 
15 by Section 921 of Title 18 of the United States Code, 
16 firearm as defined in Section 2-7.5 1.1 of the Firearm 
17 Owners Identification Card Act, or firearm as defined in 
18 Section 24-1 of the Criminal Code of 2012. The expulsion 
19 period under this subdivision (1) may be modified by the 
20 superintendent, and the superintendent's determination may 
21 be modified by the board on a case-by-case basis.
22  (2) A knife, brass knuckles or other knuckle weapon 
23 regardless of its composition, a billy club, or any other 
24 object if used or attempted to be used to cause bodily 
25 harm, including "look alikes" of any firearm as defined in 
26 subdivision (1) of this subsection (d). The expulsion 
 
 
HB0674- 20 -LRB100 07853 SLF 17922 b


1 requirement under this subdivision (2) may be modified by 
2 the superintendent, and the superintendent's determination 
3 may be modified by the board on a case-by-case basis. 
4Expulsion
or suspension
shall be construed in a
manner 
5consistent with the Federal Individuals with Disabilities 
6Education
Act. A student who is subject to suspension or 
7expulsion as provided in this
Section may be eligible for a 
8transfer to an alternative school program in
accordance with 
9Article 13A of the School Code.

10 (d-5) The board may suspend or by regulation
authorize the 
11superintendent of the district or the principal, assistant

12principal, or dean of students of any
school to suspend a 
13student for a period not to exceed
10 school days or may expel 
14a student for a definite period of time not to
exceed 2 
15calendar years, as determined on a case by case basis, if (i) 
16that student has been determined to have made an explicit 
17threat on an Internet website against a school employee, a 
18student, or any school-related personnel, (ii) the Internet 
19website through which the threat was made is a site that was 
20accessible within the school at the time the threat was made or 
21was available to third parties who worked or studied within the 
22school grounds at the time the threat was made, and (iii) the 
23threat could be reasonably interpreted as threatening to the 
24safety and security of the threatened individual because of his 
25or her duties or employment status or status as a student 
26inside the school.

 
 
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1 (e) To maintain order and security in the schools, school 
2authorities may
inspect and search places and areas such as 
3lockers, desks, parking lots, and
other school property and 
4equipment owned or controlled by the school, as well
as 
5personal effects left in those places and areas by students, 
6without notice
to or the consent of the student, and without a 
7search warrant. As a matter of
public policy, the General 
8Assembly finds that students have no reasonable
expectation of 
9privacy in these places and areas or in their personal effects

10left in these places and areas. School authorities may request 
11the assistance
of law enforcement officials for the purpose of 
12conducting inspections and
searches of lockers, desks, parking 
13lots, and other school property and
equipment owned or 
14controlled by the school for illegal drugs, weapons, or
other

15illegal or dangerous substances or materials, including 
16searches conducted
through the use of specially trained dogs. 
17If a search conducted in accordance
with this Section produces 
18evidence that the student has violated or is
violating either 
19the law, local ordinance, or the school's policies or rules,

20such evidence may be seized by school authorities, and 
21disciplinary action may
be taken. School authorities may also 
22turn over such evidence to law
enforcement authorities.

23 (f) Suspension or expulsion may include suspension or 
24expulsion from
school and all school activities and a 
25prohibition from being present on school
grounds.

26 (g) A school district may adopt a policy providing that if 
 
 
HB0674- 22 -LRB100 07853 SLF 17922 b


1a student
is suspended or expelled for any reason from any 
2public or private school
in this or any other state, the 
3student must complete the entire term of
the suspension or 
4expulsion in an alternative school program under Article 13A of 
5this Code or an alternative learning opportunities program 
6under Article 13B of this Code before being admitted into the 
7school
district if there is no threat to the safety of students 
8or staff in the alternative program.

9 (h) School officials shall not advise or encourage students 
10to drop out voluntarily due to behavioral or academic 
11difficulties.
12 (i) A student may not be issued a monetary fine or fee as a 
13disciplinary consequence, though this shall not preclude 
14requiring a student to provide restitution for lost, stolen, or 
15damaged property.
16 (j) Subsections (a) through (i) of this Section shall apply 
17to elementary and secondary schools, charter schools, special 
18charter districts, and school districts organized under 
19Article 34 of this Code. 
20(Source: P.A. 99-456, eff. 9-15-16.)





21 (105 ILCS 5/10-27.1A)



22 Sec. 10-27.1A. Firearms in schools. 

23 (a) All school officials, including teachers, guidance 
24counselors, and
support staff, shall immediately notify the 
25office of the principal in the
event that they observe any 
 
 
HB0674- 23 -LRB100 07853 SLF 17922 b


1person in possession of a firearm on school
grounds; provided 
2that taking such immediate action to notify the office of the

3principal would not immediately endanger the health, safety, or 
4welfare of
students who are under the direct supervision of the 
5school official or the
school official. If the health, safety, 
6or welfare of students under the
direct supervision of the 
7school official or of the school official is
immediately 
8endangered, the school official shall notify the office of the

9principal as soon as the students under his or her supervision 
10and he or she
are no longer under immediate danger. A report is 
11not required by this Section
when the school official knows 
12that the person in possession of the firearm is
a law 
13enforcement official engaged in the conduct of his or her 
14official
duties. Any school official acting in good faith who 
15makes such a report under
this Section shall have immunity from 
16any civil or criminal liability that
might otherwise be 
17incurred as a result of making the report. The identity of
the 
18school official making such report shall not be disclosed 
19except as
expressly and specifically authorized by law. 
20Knowingly and willfully failing
to comply with this Section is 
21a petty offense. A second or subsequent offense
is a Class C 
22misdemeanor.

23 (b) Upon receiving a report from any school official 
24pursuant to this
Section, or from any other person, the 
25principal or his or her designee shall
immediately notify a 
26local law enforcement agency. If the person found to be
in 
 
 
HB0674- 24 -LRB100 07853 SLF 17922 b


1possession of a firearm on school grounds is a student, the 
2principal or
his or her designee shall also immediately notify 
3that student's parent or
guardian. Any principal or his or her 
4designee acting in good faith who makes
such reports under this 
5Section shall have immunity from any civil or criminal

6liability that might otherwise be incurred or imposed as a 
7result of making
the reports. Knowingly and willfully failing 
8to comply with this Section is a
petty offense. A second or 
9subsequent offense is a Class C misdemeanor. If
the person 
10found to be in possession of the firearm on school grounds is a

11minor, the law enforcement agency shall detain that minor until 
12such time as
the agency makes a determination pursuant to 
13clause (a) of subsection (1) of
Section 5-401 of the Juvenile 
14Court Act of 1987, as to whether the agency
reasonably believes 
15that the minor is delinquent. If the law enforcement
agency 
16determines that probable cause exists to believe that the minor

17committed a violation of item (4) of subsection (a) of Section 
1824-1 of the
Criminal Code of 2012 while on school grounds, the 
19agency shall detain the
minor for processing pursuant to 
20Section 5-407 of the Juvenile Court Act of
1987.

21 (c) On or after January 1, 1997, upon receipt of any 
22written,
electronic, or verbal report from any school personnel 
23regarding a verified
incident involving a firearm in a school 
24or on school owned or leased property,
including any conveyance 
25owned,
leased, or used by the school for the transport of 
26students or school
personnel, the superintendent or his or her 
 
 
HB0674- 25 -LRB100 07853 SLF 17922 b


1designee shall report all such
firearm-related incidents 
2occurring in a school or on school property to the
local law 
3enforcement authorities immediately and to the Department of 
4State
Police in a form, manner, and frequency as prescribed by 
5the Department of
State Police.

6 The State Board of Education shall receive an annual 
7statistical compilation
and related data associated with 
8incidents involving firearms in schools from
the Department of 
9State Police. The State Board of Education shall compile
this 
10information by school district and make it available to the 
11public.

12 (d) As used in this Section, the term "firearm" shall have 
13the meaning
ascribed to it in Section 2-7.5 of the Criminal 
14Code of 2012 1.1 of the Firearm Owners Identification Card Act.

15 As used in this Section, the term "school" means any public 
16or private
elementary or secondary school.

17 As used in this Section, the term "school grounds" includes 
18the real property
comprising any school, any conveyance owned, 
19leased, or contracted by a school
to transport students to or 
20from school or a school-related activity, or any
public way 
21within 1,000 feet of the real property comprising any school.

22(Source: P.A. 97-1150, eff. 1-25-13.)





23 (105 ILCS 5/34-8.05)



24 Sec. 34-8.05. Reporting firearms in schools. On or after 
25January 1,
1997,
upon receipt of any written,
electronic, or 
 
 
HB0674- 26 -LRB100 07853 SLF 17922 b


1verbal report from any school personnel regarding a verified

2incident involving a firearm in a school or on school owned or 
3leased property,
including any conveyance owned,
leased, or 
4used by the school for the transport of students or school

5personnel, the general superintendent or his or her designee 
6shall report all
such
firearm-related incidents occurring in a 
7school or on school property to the
local law enforcement 
8authorities no later than 24 hours after the occurrence
of the 
9incident and to the Department of State Police in a form, 
10manner, and
frequency as prescribed by the Department of State 
11Police.

12 The State Board of Education shall receive an annual 
13statistical compilation
and related data associated with 
14incidents involving firearms in schools from
the Department of 
15State Police. As used in this Section, the term "firearm"
shall 
16have the meaning ascribed to it in Section 2-7.5 of the 
17Criminal Code of 2012
1.1 of the Firearm Owners
Identification 
18Card Act.

19(Source: P.A. 89-498, eff. 6-27-96.)


20 Section 40. The Illinois Explosives Act is amended by 
21changing Section 2005 as follows:




22 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)



23 Sec. 2005. Qualifications for licensure. 
24 (a) No person shall qualify to hold a license who:
 
 
HB0674- 27 -LRB100 07853 SLF 17922 b


1  (1) is under 21 years of age;
2  (2) has been convicted in any court of a crime 
3 punishable by imprisonment for a term exceeding one year;
4  (3) is under indictment for a crime punishable by 
5 imprisonment for a term exceeding one year;
6  (4) is a fugitive from justice;
7  (5) is an unlawful user of or addicted to any 
8 controlled substance as defined in Section 102 of the 
9 federal Controlled Substances Act (21 U.S.C. Sec. 802 et 
10 seq.);
11  (6) has been adjudicated a person with a mental 
12 disability as defined in Section 6-103.1 of the Mental 
13 Health and Developmental Disabilities Code 1.1 of the 
14 Firearm Owners Identification Card Act; or
15  (7) is not a legal citizen of the United States.
16 (b) A person who has been granted a "relief from 
17disabilities" regarding criminal convictions and indictments, 
18pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. 
19845) may receive a license provided all other qualifications 
20under this Act are met. 

21(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)


22 Section 45. The Private Detective, Private Alarm, Private 
23Security, and
Locksmith Act of 2004 is amended by changing 
24Sections 35-30 and 35-35 as follows:



 
 
HB0674- 28 -LRB100 07853 SLF 17922 b


1 (225 ILCS 447/35-30)



2 (Section scheduled to be repealed on January 1, 2024)

3 Sec. 35-30. Employee requirements. All employees of a

4licensed agency, other than those exempted, shall apply for a

5permanent employee registration card. The holder of an agency

6license issued under this Act, known in this Section as

7"employer", may employ in the conduct of his or her business

8employees under the following provisions:


9 (a) No person shall be issued a permanent employee

10registration card who:

11  (1) Is younger than 18 years of age.

12  (2) Is younger than 21 years of age if the
services 
13 will include being armed.

14  (3) Has been determined by the Department to
be unfit 
15 by reason of conviction of an offense in this or
another 
16 state, including registration as a sex offender, but not 
17 including a traffic offense. Persons convicted of felonies 
18 involving bodily harm, weapons, violence, or theft within 
19 the previous 10 years shall be presumed to be unfit for 
20 registration. The Department
shall adopt rules for making 
21 those determinations that shall
afford the applicant due 
22 process of law.

23  (4) Has had a license or permanent employee

24 registration card denied, suspended, or revoked under this 
25 Act (i) within one
year before the date the
person's 
26 application for permanent employee registration card
is 
 
 
HB0674- 29 -LRB100 07853 SLF 17922 b


1 received by the Department; and (ii) that refusal, denial,

2 suspension, or revocation was based on any provision of 
3 this
Act other than Section 40-50,
item (6) or (8) of 
4 subsection (a) of Section 15-10, subsection (b) of Section

5 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
6 subsection (b) of
Section 20-10, item (6) or (8) of 
7 subsection (a) of Section 25-10, subsection
(b) of Section 
8 25-10, item (7) of subsection (a) of Section 30-10,

9 subsection (b) of Section 30-10, or Section 10-40.

10  (5) Has been declared incompetent by any court
of 
11 competent jurisdiction by reason of mental disease or

12 defect and has not been restored.

13  (6) Has been dishonorably discharged from the
armed 
14 services of the United States.


15 (b) No person may be employed by a private
detective 
16agency, private security contractor agency, private
alarm 
17contractor agency, fingerprint vendor agency, or locksmith 
18agency under this
Section until he or she has executed and 
19furnished to the
employer, on forms furnished by the 
20Department, a verified
statement to be known as "Employee's 
21Statement" setting forth:

22  (1) The person's full name, age, and residence
address.

23  (2) The business or occupation engaged in for
the 5 
24 years immediately before the date of the execution of
the 
25 statement, the place where the business or occupation was

26 engaged in, and the names of employers, if any.

 
 
HB0674- 30 -LRB100 07853 SLF 17922 b


1  (3) That the person has not had a license or
employee 
2 registration denied, revoked, or suspended under this
Act 
3 (i) within one year before the date the person's 
4 application
for permanent employee registration card is 
5 received by the
Department; and (ii) that refusal, denial, 
6 suspension, or
revocation was based on any provision of 
7 this Act other than
Section 40-50,
item (6) or (8) of 
8 subsection (a) of Section 15-10, subsection (b) of Section

9 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
10 subsection (b) of
Section 20-10, item (6) or (8) of 
11 subsection (a) of Section 25-10, subsection
(b) of Section 
12 25-10, item (7) of subsection (a) of Section 30-10,

13 subsection (b) of Section 30-10, or Section 10-40.

14  (4) Any conviction of a felony or misdemeanor.

15  (5) Any declaration of incompetence by a court
of 
16 competent jurisdiction that has not been restored.

17  (6) Any dishonorable discharge from the armed
services 
18 of the United States.

19  (7) Any other information as may be required by
any 
20 rule of the Department to show the good character,

21 competency, and integrity of the person executing the

22 statement.

23 (c) Each applicant for a permanent employee registration

24card shall have his or her fingerprints submitted to the

25Department of State Police in an electronic format that

26complies with the form and manner for requesting and
furnishing 
 
 
HB0674- 31 -LRB100 07853 SLF 17922 b


1criminal history record information as prescribed
by the 
2Department of State Police. These fingerprints shall
be checked 
3against the Department of State Police and Federal
Bureau of 
4Investigation criminal history record databases now
and 
5hereafter filed. The Department of State Police shall
charge 
6applicants a fee for conducting the criminal history
records 
7check, which shall be deposited in the State Police
Services 
8Fund and shall not exceed the actual cost of the
records check. 
9The Department of State Police shall furnish,
pursuant to 
10positive identification, records of Illinois
convictions to 
11the Department. The Department may require
applicants to pay a 
12separate fingerprinting fee, either to the
Department or 
13directly to the vendor. The Department, in
its discretion, may 
14allow an applicant who does not have
reasonable access to a 
15designated vendor to provide his or her
fingerprints in an 
16alternative manner. The
Department, in its discretion, may also 
17use other
procedures in performing or obtaining criminal 
18background
checks of applicants. Instead of submitting his or 
19her
fingerprints, an individual may submit proof that is

20satisfactory to the Department that an equivalent security

21clearance has been conducted. Also, an individual who has

22retired as a peace officer within 12 months of application may

23submit verification, on forms provided by the Department and

24signed by his or her employer, of his or her previous full-time 
25employment as a
peace officer.

26 (d) The Department shall issue a permanent employee

 
 
HB0674- 32 -LRB100 07853 SLF 17922 b


1registration card, in a form the Department prescribes, to all

2qualified applicants.
The holder of a permanent employee 
3registration card shall
carry the card at all times while 
4actually engaged in the
performance of the duties of his or her 
5employment.
Expiration and requirements for renewal of 
6permanent employee
registration cards shall be established by 
7rule of the
Department. Possession of a permanent employee 
8registration
card does not in any way imply that the holder of 
9the card is
employed by an agency unless the permanent employee

10registration card is accompanied by the employee

11identification card required by subsection (f) of this
Section.

12 (e) Each employer shall maintain a record of each
employee 
13that is accessible to the duly authorized
representatives of 
14the Department. The record shall contain
the following 
15information:

16  (1) A photograph taken within 10 days of the date
that 
17 the employee begins employment with the employer. The

18 photograph shall be replaced with a current photograph 
19 every 3
calendar years.

20  (2) The Employee's Statement specified in
subsection 
21 (b) of this Section.

22  (3) All correspondence or documents relating to the

23 character and integrity of the employee received by the

24 employer from any official source or law enforcement 
25 agency.

26  (4) In the case of former employees, the employee

 
 
HB0674- 33 -LRB100 07853 SLF 17922 b


1 identification card of that person issued under subsection 
2 (f)
of this Section. Each employee record shall duly note 
3 if the
employee is employed in an armed capacity. Armed 
4 employee
files shall contain a copy of an active firearm 
5 owner's
identification card and a copy of an active firearm

6 control card. Each employer shall maintain a record for

7 each armed employee of each instance in which the 
8 employee's
weapon was discharged during the course of his 
9 or her
professional duties or activities. The record shall 
10 be
maintained on forms provided by the Department, a copy 
11 of
which must be filed with the Department within 15 days 
12 of an
instance. The record shall include the date and time 
13 of the
occurrence, the circumstances involved in the 
14 occurrence, and
any other information as the Department may 
15 require. Failure
to provide this information to the 
16 Department or failure to
maintain the record as a part of 
17 each armed employee's
permanent file is grounds for 
18 disciplinary action. The
Department, upon receipt of a 
19 report, shall have the authority
to make any investigation 
20 it considers appropriate into any
occurrence in which an 
21 employee's weapon was discharged and to
take disciplinary 
22 action as may be appropriate.

23  (5) A copy of the employee's permanent employee 
24 registration card or a copy of the Department's "License 
25 Lookup" Webpage showing that the employee has been issued a 
26 valid permanent employee registration card by the 
 
 
HB0674- 34 -LRB100 07853 SLF 17922 b


1 Department. 

2 The Department may, by rule, prescribe further
record 
3requirements.

4 (f) Every employer shall furnish an employee

5identification card to each of his or her employees. This

6employee identification card shall contain a recent photograph

7of the employee, the employee's name, the name and agency

8license number of the employer, the employee's personal

9description, the signature of the employer, the signature of

10that employee, the date of issuance, and an employee

11identification card number.

12 (g) No employer may issue an employee identification
card 
13to any person who is not employed by the employer in
accordance 
14with this Section or falsely state or represent
that a person 
15is or has been in his or her employ. It is
unlawful for an 
16applicant for registered employment to file
with the Department 
17the fingerprints of a person other than
himself or herself.

18 (h) Every employer shall obtain the identification card
of 
19every employee who terminates employment with him or her.

20 (i) Every employer shall maintain a separate roster of
the 
21names of all employees currently working in an armed
capacity 
22and submit the roster to the Department on request.

23 (j) No agency may employ any person to perform a
licensed 
24activity under this Act unless the person possesses a
valid 
25permanent employee registration card or a valid license
under 
26this Act, or is exempt pursuant to subsection (n).

 
 
HB0674- 35 -LRB100 07853 SLF 17922 b


1 (k) Notwithstanding the provisions of subsection (j), an

2agency may employ a person in a temporary capacity if all of

3the following conditions are met:

4  (1) The agency completes in its entirety and
submits to 
5 the Department an application for a permanent
employee 
6 registration card, including the required fingerprint

7 receipt and fees.

8  (2) The agency has verification from the Department

9 that the applicant has no record of any criminal conviction

10 pursuant to the criminal history check conducted by the

11 Department of State Police. The agency shall maintain the

12 verification of the results of the Department of State 
13 Police
criminal history check as part of the employee 
14 record as
required under subsection (e) of this Section.

15  (3) The agency exercises due diligence to ensure
that 
16 the person is qualified under the requirements of the Act

17 to be issued a permanent employee registration card.

18  (4) The agency maintains a separate roster of the
names 
19 of all employees whose applications are currently
pending 
20 with the Department and submits the roster to the

21 Department on a monthly basis. Rosters are to be maintained

22 by the agency for a period of at least 24 months.

23 An agency may employ only a permanent employee applicant

24for which it either submitted a permanent employee application

25and all required forms and fees or it confirms with the

26Department that a permanent employee application and all

 
 
HB0674- 36 -LRB100 07853 SLF 17922 b


1required forms and fees have been submitted by another agency,

2licensee or the permanent employee and all other requirements

3of this Section are met.

4 The Department shall have the authority to revoke,
without 
5a hearing, the temporary authority of an individual to
work 
6upon receipt of Federal Bureau of Investigation
fingerprint 
7data or a report of another official authority
indicating a 
8criminal conviction. If the Department has not
received a 
9temporary employee's Federal Bureau of
Investigation 
10fingerprint data within 120 days of the date the
Department 
11received the Department of State Police fingerprint
data, the 
12Department may, at its discretion, revoke the
employee's 
13temporary authority to work with 15 days written
notice to the 
14individual and the employing agency.

15 An agency may not employ a person in a temporary capacity

16if it knows or reasonably should have known that the person
has 
17been convicted of a crime under the laws of this State,
has 
18been convicted in another state of any crime that is a
crime 
19under the laws of this State, has been convicted of any
crime 
20in a federal court, or has been posted as an unapproved

21applicant by the Department. Notice by the Department to the

22agency, via certified mail, personal delivery, electronic

23mail, or posting on the Department's Internet site accessible

24to the agency that the person has been convicted of a crime

25shall be deemed constructive knowledge of the conviction on
the 
26part of the agency. The Department may adopt rules to
implement 
 
 
HB0674- 37 -LRB100 07853 SLF 17922 b


1this
subsection (k).

2 (l) No person may be employed under this Section in any

3capacity if:

4  (1) the person, while so employed, is being paid by
the 
5 United States or any political subdivision for the time so

6 employed in addition to any payments he or she may receive

7 from the employer; or

8  (2) the person wears any portion of his or her
official 
9 uniform, emblem of authority, or equipment while so

10 employed.

11 (m) If information is discovered affecting the

12registration of a person whose fingerprints were submitted

13under this Section, the Department shall so notify the agency

14that submitted the fingerprints on behalf of that person.

15 (n) Peace officers shall be exempt from the requirements
of 
16this Section relating to permanent employee registration

17cards. The agency shall remain responsible for any peace

18officer employed under this exemption, regardless of whether

19the peace officer is compensated as an employee or as an

20independent contractor and as further defined by rule.

21 (o) Persons who have no access to confidential or
security 
22information, who do not go to a client's or prospective 
23client's residence or place of business, and who otherwise do 
24not provide
traditional security services are exempt from 
25employee
registration. Examples of exempt employees include, 
26but are
not limited to, employees working in the capacity of 
 
 
HB0674- 38 -LRB100 07853 SLF 17922 b


1ushers,
directors, ticket takers, cashiers, drivers, and 
2reception
personnel. Confidential or security information is 
3that which
pertains to employee files, scheduling, client 
4contracts, or
technical security and alarm data.

5 (p) An applicant who is 21 years of age or older seeking a 
6religious exemption to the photograph requirement of this 
7Section shall furnish with the application an approved copy of 
8United States Department of the Treasury Internal Revenue 
9Service Form 4029. Regardless of age, an applicant seeking a 
10religious exemption to this photograph requirement shall 
11submit fingerprints in a form and manner prescribed by the 
12Department with his or her application in lieu of a photograph. 
13(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)





14 (225 ILCS 447/35-35)



15 (Section scheduled to be repealed on January 1, 2024)

16 Sec. 35-35. Requirement of a firearm control
card. 

17 (a) No person shall perform duties that include the use,

18carrying, or possession of a firearm in the performance of

19those duties without complying with the provisions of this

20Section and having been issued a valid firearm control
card by 
21the Department.

22 (b) No employer shall employ any person to perform the

23duties for which licensure or employee registration is required 
24and allow
that person to carry a firearm unless that person has 
25complied
with all the firearm training requirements of this 
 
 
HB0674- 39 -LRB100 07853 SLF 17922 b


1Section and
has been issued a firearm control card. This Act

2permits only the following to carry firearms while actually

3engaged in the performance of their duties or while commuting

4directly to or from their places of employment: persons

5licensed as private detectives and their registered employees;

6persons licensed as private security contractors and their

7registered employees; persons licensed as private alarm

8contractors and their registered employees; and employees of a

9registered armed proprietary security force.

10 (c) Possession of a valid firearm control
card
allows a 
11licensee or employee to carry a firearm not otherwise 
12prohibited
by law while the licensee or employee is engaged in 
13the performance of his
or her duties or while the licensee or 
14employee is commuting directly to
or from the licensee's or 
15employee's place or places of employment.

16 (d) The Department shall issue a firearm control
card to a 
17person who has passed an approved firearm training
course, who 
18is currently licensed or employed by an agency licensed by
this 
19Act and has met all the requirements of this Act, and who is 
20not prohibited under State or federal law from possessing a 
21firearm
possesses a valid firearm owner identification card.

22Application for the firearm control card shall be made
by the 
23employer to the Department on forms provided by the
Department. 
24The Department shall forward the card to the
employer who shall 
25be responsible for its issuance to the licensee or
employee. 
26The firearm control card shall be issued by
the Department and 
 
 
HB0674- 40 -LRB100 07853 SLF 17922 b


1shall identify the person holding it and
the name of the course 
2where the licensee or employee received firearm
instruction and 
3shall specify the type of weapon or weapons
the person is 
4authorized by the Department to carry and for
which the person 
5has been trained.

6 (e) Expiration and requirements for renewal of firearm 
7control cards shall be determined by rule.

8 (f) The Department may, in addition to any other

9disciplinary action permitted by this Act, refuse to issue,

10suspend, or revoke a firearm control card if the
applicant or 
11holder has been convicted of any felony or crime
involving the 
12illegal use, carrying, or possession of a deadly
weapon or for 
13a violation of this Act or rules adopted promulgated
under this 
14Act. The Department shall refuse to issue or shall
revoke a 
15firearm control card if the applicant or holder is prohibited 
16under State or federal law from possessing a firearm
fails to 
17possess a valid firearm owners identification card without 
18hearing.
The Secretary shall summarily suspend a firearm 
19control
card if the Secretary finds that its continued use 
20would
constitute an imminent danger to the public. A hearing 
21shall
be held before the Board within 30 days if the Secretary

22summarily suspends a firearm control card.

23 (g) Notwithstanding any other provision of this Act to the

24contrary, all requirements relating to firearms control
cards 
25do not apply to a peace officer.

26 (h) The Department may issue a temporary firearm control 
 
 
HB0674- 41 -LRB100 07853 SLF 17922 b


1card pending issuance of a new firearm control card upon an 
2agency's acquiring of an established armed account. An agency 
3that has acquired armed employees as a result of acquiring an 
4established armed account may, on forms supplied by the 
5Department, request the issuance of a temporary firearm control 
6card for each acquired employee who held a valid firearm 
7control card under his or her employment with the newly 
8acquired established armed account immediately preceding the 
9acquiring of the account and who continues to meet all of the 
10qualifications for issuance of a firearm control card set forth 
11in this Act and any rules adopted under this Act. The 
12Department shall, by rule, set the fee for issuance of a 
13temporary firearm control card.

14 (i) The Department shall not issue a firearm control card 
15to a licensed fingerprint vendor or a licensed locksmith or 
16employees of a licensed fingerprint vendor agency or a licensed 
17locksmith agency.

18(Source: P.A. 98-253, eff. 8-9-13.)


19 Section 50. The Mental Health and Developmental 
20Disabilities Code is amended by changing Sections 6-103.1, 
216-103.2, and 6-103.3 as follows:

22 (405 ILCS 5/6-103.1)
23 Sec. 6-103.1. Adjudication as a person with a mental 
24disability. When a person has been adjudicated as a person with 
 
 
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1a mental disability as defined in Section 1.1 of the Firearm 
2Owners Identification Card Act, including, but not limited to, 
3an adjudication as a person with a disability as defined in 
4Section 11a-2 of the Probate Act of 1975, the court shall 
5direct
the circuit court clerk to notify the
Department of 
6State Police, Firearm Owner's Identification
(FOID) Office, in 
7a form and manner prescribed by the Department of State Police, 
8and shall forward a copy of the court order to the Department 
9no later than 7 days after the entry of the order. Upon receipt 
10of the order, the Department of State Police shall provide 
11notification to the National Instant Criminal Background Check 
12System. For purposes of this Section, "has been adjudicated as 
13a mentally disabled person" means the person is the subject of 
14a determination by a court, board, commission, or other lawful 
15authority that the person, as a result of marked subnormal 
16intelligence, or mental illness, mental impairment, 
17incompetency, condition, or disease:

18  (1) presents a clear and present danger to himself, 
19 herself, or to others; 

20  (2) lacks the mental capacity to manage his or her own 
21 affairs or is adjudicated a disabled person as defined in 
22 Section 11a-2 of the Probate Act of 1975;
23  (3) is not guilty in a criminal case by reason of 
24 insanity, mental disease or defect;
25  (3.5) is guilty but mentally ill, as provided in 
26 Section 5-2-6 of the Unified Code of Corrections; 
 
 
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1  (4) is incompetent to stand trial in a criminal case;
2  (5) is not guilty by reason of lack of mental 
3 responsibility under Articles 50a and 72b of the Uniform 
4 Code of Military Justice, 10 U.S.C. 850a, 876b;
5  (6) is a sexually violent person under subsection (f) 
6 of Section 5 of the Sexually Violent Persons Commitment 
7 Act;
8  (7) is a sexually dangerous person under the Sexually 
9 Dangerous Persons Act;
10  (8) is unfit to stand trial under the Juvenile Court 
11 Act of 1987;
12  (9) is not guilty by reason of insanity under the

13 Juvenile Court Act of 1987;
14  (10) is subject to involuntary admission as an

15 inpatient as defined in Section 1-119 of the Mental Health 
16 and Developmental Disabilities Code;
17  (11) is subject to involuntary admission as an

18 outpatient as defined in Section 1-119.1 of the Mental 
19 Health and Developmental Disabilities Code;
20  (12) is subject to judicial admission as set forth in

21 Section 4-500 of the Mental Health and Developmental 
22 Disabilities Code; or
23  (13) is subject to the provisions of the Interstate

24 Agreements on Sexually Dangerous Persons Act. 
25(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)

 
 
HB0674- 44 -LRB100 07853 SLF 17922 b


1 (405 ILCS 5/6-103.2)
2 Sec. 6-103.2. Developmental disability; notice. If a 
3person 14 years old or older is determined to be a person with 
4a developmental disability by a physician, clinical 
5psychologist, or qualified examiner, the physician, clinical 
6psychologist, or qualified examiner shall notify the 
7Department of Human Services within 7 days of making the 
8determination that the person has a developmental disability. 
9The Department of Human Services shall immediately update its 
10records and information relating to mental health and 
11developmental disabilities, and if appropriate, shall notify 
12the Department of State Police in a form and manner prescribed 
13by the Department of State Police. Information disclosed under 
14this Section shall remain privileged and confidential, and 
15shall not be redisclosed, except as required under clause 
16(e)(2) of Section 24-4.5 of the Criminal Code of 2012 
17subsection (e) of Section 3.1 of the Firearm Owners 
18Identification Card Act, nor used for any other purpose. The 
19method of providing this information shall guarantee that the 
20information is not released beyond that which is necessary for 
21the purpose of this Section and shall be provided by rule by 
22the Department of Human Services. The identity of the person 
23reporting under this Section shall not be disclosed to the 
24subject of the report.
25 The physician, clinical psychologist, or qualified 
26examiner making the determination and his or her employer may 
 
 
HB0674- 45 -LRB100 07853 SLF 17922 b


1not be held criminally, civilly, or professionally liable for 
2making or not making the notification required under this 
3Section, except for willful or wanton misconduct.

4 In this Section, "developmentally disabled" has the 
5meaning ascribed to it in Section 12 of the Mental Health and 
6Developmental Disabilities Confidentiality Act. 
7 For purposes of this Section, "developmental disability" 
8means a disability which is attributable to any other condition 
9which results in impairment similar to that caused by an 
10intellectual disability and which requires services similar to 
11those required by intellectually disabled persons. The 
12disability must originate before the age of 18 years, be 
13expected to continue indefinitely, and constitute a 
14substantial disability. This disability results, in the 
15professional opinion of a physician, clinical psychologist, or 
16qualified examiner, in significant functional limitations in 3 
17or more of the following areas of major life activity:
18  (i) self-care;
19  (ii) receptive and expressive language;
20  (iii) learning;
21  (iv) mobility; or
22  (v) self-direction.
23 "Determined to be a person with a developmental disability 
24by a physician, clinical psychologist, or qualified examiner" 
25means in the professional opinion of the physician, clinical 
26psychologist, or qualified examiner, a person is diagnosed, 
 
 
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1assessed, or evaluated as having a developmental disability. 
2(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, 
3eff. 7-27-15; 99-642, eff. 7-28-16.)

4 (405 ILCS 5/6-103.3)
5 Sec. 6-103.3. Clear and present danger; notice. If a person 
6is determined to pose a clear and present danger to himself, 
7herself, or to others by a physician, clinical psychologist, or 
8qualified examiner, whether employed by the State, by any 
9public or private mental health facility or part thereof, or by 
10a law enforcement official or a school administrator, then the 
11physician, clinical psychologist, qualified examiner shall 
12notify the Department of Human Services and a law enforcement 
13official or school administrator shall notify the Department of 
14State Police, within 24 hours of making the determination that 
15the person poses a clear and present danger. The Department of 
16Human Services shall immediately update its records and 
17information relating to mental health and developmental 
18disabilities, and if appropriate, shall notify the Department 
19of State Police in a form and manner prescribed by the 
20Department of State Police. Information disclosed under this 
21Section shall remain privileged and confidential, and shall not 
22be redisclosed, except as required under clause (e)(2) of 
23Section 24-4.5 of the Criminal Code of 2012 subsection (e) of 
24Section 3.1 of the Firearm Owners Identification Card Act, nor 
25used for any other purpose. The method of providing this 
 
 
HB0674- 47 -LRB100 07853 SLF 17922 b


1information shall guarantee that the information is not 
2released beyond that which is necessary for the purpose of this 
3Section and shall be provided by rule by the Department of 
4Human Services. The identity of the person reporting under this 
5Section shall not be disclosed to the subject of the report. 
6The physician, clinical psychologist, qualified examiner, law 
7enforcement official, or school administrator making the 
8determination and his or her employer shall not be held 
9criminally, civilly, or professionally liable for making or not 
10making the notification required under this Section, except for 
11willful or wanton misconduct. This Section does not apply to a 
12law enforcement official, if making the notification under this 
13Section will interfere with an ongoing or pending criminal 
14investigation.
15 For the purposes of this Section:
16  "Clear and present danger" means a person who:
17   (1) communicates a serious threat of physical

18 violence against a reasonably identifiable victim or 
19 poses a clear and imminent risk of serious physical 
20 injury to himself, herself, or another person as 
21 determined by a physician, clinical psychologist, or 
22 qualified examiner; or
23   (2) demonstrates threatening physical or verbal

24 behavior, such as violent, suicidal, or assaultive 
25 threats, actions, or other behavior, as determined by a 
26 physician, clinical psychologist, qualified examiner, 
 
 
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1 school administrator, or law enforcement official. 
2  "Physician", "clinical psychologist", and "qualified 
3 examiner" have the meanings ascribed to them in the Mental 
4 Health and Developmental Disabilities Code has the meaning 
5 ascribed to it in Section 1.1 of the Firearm Owners 
6 Identification Card Act.
7  "Determined to pose a clear and present danger to 
8 himself, herself, or to others by a physician, clinical 
9 psychologist, or qualified examiner" means in the 
10 professional opinion of the physician, clinical 
11 psychologist, or qualified examiner, a person poses a clear 
12 and present danger. 
13  "School administrator" means the person required to 
14 report under the School Administrator Reporting of Mental 
15 Health Clear and Present Danger Determinations Law.

16(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)

17 Section 55. The Lead Poisoning Prevention Act is amended by 
18changing Section 2 as follows:



19 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)


20 Sec. 2. Definitions. As used in this Act:

21 "Child care facility" means any structure used by a child 
22care
provider licensed by the Department of Children and Family 
23Services or
public or private school structure frequented by 
24children 6 years of
age or younger.

 
 
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1 "Childhood Lead Risk Questionnaire" means the 
2questionnaire developed by the Department for use by physicians 
3and other health care providers to determine risk factors for 
4children 6 years of age or younger residing in areas designated 
5as low risk for lead exposure.
6 "Delegate agency" means a unit of local government or 
7health
department approved by the Department to carry out the 
8provisions of this Act.

9 "Department" means the Department of Public Health.

10 "Director" means the Director of Public Health. 

11 "Dwelling unit" means an individual unit within a 
12residential building used as living quarters for one household. 
13 "Elevated blood lead level" means a blood lead level in 
14excess of those considered within the permissible limits as 
15established under State and federal rules. 
16 "Exposed surface" means any interior or exterior surface of

17a regulated facility. 
18 "High risk area" means an area in the State determined by 
19the Department to
be high risk for lead exposure for children 6 
20years of age or younger. The
Department may consider, but is 
21not limited to, the following factors to
determine a high risk 
22area: age and condition (using Department of Housing and
Urban

23Development definitions of "slum" and "blighted") of housing, 
24proximity to
highway traffic or heavy local traffic or both, 
25percentage of housing
determined as rental or vacant, proximity 
26to industry using lead, established
incidence of elevated blood 
 
 
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1lead levels in children, percentage of population
living
below 
2200% of federal poverty guidelines, and number of children 
3residing in
the area who are 6 years of age or younger.

4 "Lead abatement" means any approved work practices that 
5will permanently eliminate lead exposure or remove the 
6lead-bearing substances in a regulated facility. The 
7Department shall establish by rule which work practices are 
8approved or prohibited for lead abatement. 
9 "Lead abatement contractor" means any person or entity 
10licensed by the
Department to perform lead abatement and 
11mitigation.

12 "Lead abatement supervisor" means any person employed by a 
13lead abatement contractor and licensed by the Department to 
14perform lead abatement and lead mitigation and to supervise 
15lead workers who perform lead abatement and lead mitigation. 
16 "Lead abatement worker" means any person employed by a lead 
17abatement
contractor and licensed by the Department to perform 
18lead abatement and
mitigation.

19 "Lead activities" means the conduct of any lead services, 
20including, lead inspection, lead risk assessment, lead 
21mitigation, or lead abatement work or supervision in a 
22regulated facility. 
23 "Lead-bearing substance" means any item containing or 
24coated with lead such that the lead content is more than 
25six-hundredths of one percent (0.06%) lead by total weight; or 
26any dust on surfaces or in
furniture or other nonpermanent 
 
 
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1elements of the regulated facility; or any paint or
other 
2surface coating material containing more than five-tenths of 
3one
percent (0.5%) lead by total weight (calculated as lead 
4metal) in the total
non-volatile content of liquid paint; or 
5lead-bearing substances containing
greater than one milligram 
6per square centimeter or any lower standard for
lead content in 
7residential paint as may be established by federal law or rule; 
8or more than 1 milligram per square centimeter in the dried

9film of paint or previously applied substance; or item or dust 
10on item containing lead in
excess of the amount specified in 
11the rules authorized by
this Act or a lower standard for lead 
12content as may be established by
federal law or rule. 
13"Lead-bearing substance" does not include firearm ammunition 
14or components as defined by Section 2-7.1 of the Criminal Code 
15of 2012 the Firearm Owners Identification Card Act.

16 "Lead hazard" means a lead-bearing substance that poses an

17immediate health hazard to humans.

18 "Lead hazard screen" means a lead risk assessment that 
19involves limited dust and paint sampling for lead-bearing 
20substances and lead hazards. This service is used as a 
21screening tool designed to determine if further lead 
22investigative services are required for the regulated 
23facility.
24 "Lead inspection" means a surface-by-surface investigation 
25to determine the presence of lead-based paint.
26 "Lead inspector" means an individual who has been trained 
 
 
HB0674- 52 -LRB100 07853 SLF 17922 b


1by a Department-approved training program and is licensed by 
2the Department to conduct lead inspections; to sample for the 
3presence of lead in paint, dust, soil, and water; and to 
4conduct compliance investigations. 
5 "Lead mitigation" means the remediation, in a
manner 
6described in Section 9, of a lead hazard so that the

7lead-bearing substance does not pose an immediate
health hazard 
8to humans. 
9 "Lead poisoning" means the condition of having blood lead 
10levels in
excess of those considered safe under State and 
11federal rules.

12 "Lead risk assessment" means an on-site investigation to 
13determine the existence, nature, severity, and location of lead 
14hazards. "Lead risk assessment" includes any lead sampling and 
15visual assessment associated with conducting a lead risk 
16assessment and lead hazard screen and all lead sampling 
17associated with compliance investigations.
18 "Lead risk assessor" means an individual who has been 
19trained by a Department-approved training program and is 
20licensed by the Department to conduct lead risk assessments, 
21lead inspections, and lead hazard screens; to sample for the 
22presence of lead in paint, dust, soil, water, and sources for 
23lead-bearing substances; and to conduct compliance 
24investigations.
25 "Lead training program provider" means any person 
26providing Department-approved lead training in Illinois to 
 
 
HB0674- 53 -LRB100 07853 SLF 17922 b


1individuals seeking licensure in accordance with the Act. 
2 "Low risk area" means an area in the State determined by

3the Department to be low risk for lead exposure for children 6 
4years of age or younger. The Department may consider the 
5factors named in "high risk area" to determine low
risk areas. 
6 "Owner" means any person, who alone, jointly, or severally 
7with
others:

8  (a) Has legal title to any regulated facility, with or

9 without actual possession of the regulated facility, or

10  (b) Has charge, care, or control of the regulated 
11 facility as owner or agent of the owner, or as executor, 
12 administrator,
trustee, or guardian of the estate of the 
13 owner.

14 "Person" means any individual, partnership, firm, company, 
15limited liability company, corporation, association, joint 
16stock company, trust, estate, political subdivision, State 
17agency, or any other legal entity, or their legal 
18representative, agent, or assign.

19 "Regulated facility" means a residential building or child 
20care facility. 
21 "Residential building" means any room, group of rooms, or 
22other
interior areas of a structure designed or used for human 
23habitation; common
areas accessible by inhabitants; and the 
24surrounding property or structures.

25(Source: P.A. 98-690, eff. 1-1-15.)



 
 
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1 (430 ILCS 65/Act rep.)

2 Section 60. The Firearm Owners Identification Card Act is 
3repealed.

4 Section 65. The Firearm Concealed Carry Act is amended by 
5changing Sections 25, 30, 40, 70, 80, and 105 as follows:

6 (430 ILCS 66/25)

7 Sec. 25. Qualifications for a license. 
8 The Department shall issue a license to an applicant 
9completing an application in accordance with Section 30 of this 
10Act if the person:
11  (1) is at least 21 years of age;
12  (2) has a currently valid Firearm Owner's 
13 Identification Card and at the time of application meets 
14 the requirements for the issuance of a Firearm Owner's 
15 Identification Card and is not prohibited under State or 
16 the Firearm Owners Identification Card Act or federal law 
17 from possessing or receiving a firearm;
18  (3) has not been convicted or found guilty in this 
19 State or in any other state of:
20   (A) a misdemeanor involving the use or threat of 
21 physical force or violence to any person within the 5 
22 years preceding the date of the license application; or
23   (B) 2 or more violations related to driving while 
24 under the influence of alcohol, other drug or drugs, 
 
 
HB0674- 55 -LRB100 07853 SLF 17922 b


1 intoxicating compound or compounds, or any combination 
2 thereof, within the 5 years preceding the date of the 
3 license application;
4  (4) is not the subject of a pending arrest warrant, 
5 prosecution, or proceeding for an offense or action that 
6 could lead to disqualification to own or possess a firearm;
7  (5) has not been in residential or court-ordered 
8 treatment for alcoholism, alcohol detoxification, or drug 
9 treatment within the 5 years immediately preceding the date 
10 of the license application; and
11  (6) has completed firearms training and any education 
12 component required under Section 75 of this Act.

13(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)

14 (430 ILCS 66/30)

15 Sec. 30. Contents of license application. 
16 (a) The license application shall be in writing, under 
17penalty of perjury, on a standard form adopted by the 
18Department and shall be accompanied by the documentation 
19required in this Section and the applicable fee. Each 
20application form shall include the following statement printed 
21in bold type: "Warning: Entering false information on this form 
22is punishable as perjury under Section 32-2 of the Criminal 
23Code of 2012."
24 (b) The application shall contain the following:
25  (1) the applicant's name, current address, date and 
 
 
HB0674- 56 -LRB100 07853 SLF 17922 b


1 year of birth, place of birth, height, weight, hair color, 
2 eye color, maiden name or any other name the applicant has 
3 used or identified with, and any address where the 
4 applicant resided for more than 30 days within the 10 years 
5 preceding the date of the license application;
6  (2) the applicant's valid driver's license number or 
7 valid state identification card number;
8  (3) a waiver of the applicant's privacy and 
9 confidentiality rights and privileges under all federal 
10 and state laws, including those limiting access to juvenile 
11 court, criminal justice, psychological, or psychiatric 
12 records or records relating to any institutionalization of 
13 the applicant, and an affirmative request that a person 
14 having custody of any of these records provide it or 
15 information concerning it to the Department. The waiver 
16 only applies to records sought in connection with 
17 determining whether the applicant qualifies for a license 
18 to carry a concealed firearm under this Act, or whether the 
19 applicant remains in compliance with the Firearm Owners 
20 Identification Card Act;
21  (4) an affirmation that the applicant is not prohibited 
22 under State or federal law from possessing or receiving a 
23 firearm possesses a currently valid Firearm Owner's 
24 Identification Card and card number if possessed or notice 
25 the applicant is applying for a Firearm Owner's 
26 Identification Card in conjunction with the license 
 
 
HB0674- 57 -LRB100 07853 SLF 17922 b


1 application;
2  (5) an affirmation that the applicant has not been 
3 convicted or found guilty of:
4   (A) a felony;
5   (B) a misdemeanor involving the use or threat of 
6 physical force or violence to any person within the 5 
7 years preceding the date of the application; or
8   (C) 2 or more violations related to driving while 
9 under the influence of alcohol, other drug or drugs, 
10 intoxicating compound or compounds, or any combination 
11 thereof, within the 5 years preceding the date of the 
12 license application; and
13  (6) whether the applicant has failed a drug test for a 
14 drug for which the applicant did not have a prescription, 
15 within the previous year, and if so, the provider of the 
16 test, the specific substance involved, and the date of the 
17 test;
18  (7) written consent for the Department to review and 
19 use the applicant's Illinois digital driver's license or 
20 Illinois identification card photograph and signature;
21  (8) a full set of fingerprints submitted to the 
22 Department in electronic format, provided the Department 
23 may accept an application submitted without a set of 
24 fingerprints in which case the Department shall be granted 
25 30 days in addition to the 90 days provided under 
26 subsection (e) of Section 10 of this Act to issue or deny a 
 
 
HB0674- 58 -LRB100 07853 SLF 17922 b


1 license;
2  (9) a head and shoulder color photograph in a size 
3 specified by the Department taken within the 30 days 
4 preceding the date of the license application; and
5  (10) a photocopy of any certificates or other evidence 
6 of compliance with the training requirements under this 
7 Act.

8(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)

9 (430 ILCS 66/40)

10 Sec. 40. Non-resident license applications. 
11 (a) For the purposes of this Section, "non-resident" means 
12a person who has not resided within this State for more than 30 
13days and resides in another state or territory.
14 (b) The Department shall by rule allow for non-resident 
15license applications from any state or territory of the United 
16States with laws related to firearm ownership, possession, and 
17carrying, that are substantially similar to the requirements to 
18obtain a license under this Act.
19 (c) A resident of a state or territory approved by the 
20Department under subsection (b) of this Section may apply for a 
21non-resident license. The applicant shall apply to the 
22Department and must meet all of the qualifications established 
23in Section 25 of this Act, except for the Illinois residency 
24requirement in item (xiv) of paragraph (2) of subsection (a) of 
25Section 4 of the Firearm Owners Identification Card Act. The 
 
 
HB0674- 59 -LRB100 07853 SLF 17922 b


1applicant shall submit:
2  (1) the application and documentation required under 
3 Section 30 of this Act and the applicable fee;
4  (2) a notarized document stating that the applicant:
5   (A) is eligible under federal law and the laws of 
6 his or her state or territory of residence to own or 
7 possess a firearm;
8   (B) if applicable, has a license or permit to carry 
9 a firearm or concealed firearm issued by his or her 
10 state or territory of residence and attach a copy of 
11 the license or permit to the application;
12   (C) understands Illinois laws pertaining to the 
13 possession and transport of firearms; and
14   (D) acknowledges that the applicant is subject to 
15 the jurisdiction of the Department and Illinois courts 
16 for any violation of this Act;
17  (3) a photocopy of any certificates or other evidence 
18 of compliance with the training requirements under Section 
19 75 of this Act; and
20  (4) a head and shoulder color photograph in a size 
21 specified by the Department taken within the 30 days 
22 preceding the date of the application.
23 (d) In lieu of an Illinois driver's license or Illinois 
24identification card, a non-resident applicant shall provide 
25similar documentation from his or her state or territory of 
26residence. The applicant shall submit In lieu of a valid 
 
 
HB0674- 60 -LRB100 07853 SLF 17922 b


1Firearm Owner's Identification Card, the applicant shall 
2submit documentation and information required by the 
3Department to obtain a Firearm Owner's Identification Card, 
4including an affidavit that the non-resident meets the mental 
5health standards to obtain a firearm under Illinois law, and 
6the Department shall ensure that the applicant would meet the 
7eligibility criteria under State law to possess a firearm to 
8obtain a Firearm Owner's Identification card if he or she was a 
9resident of this State.
10 (e) Nothing in this Act shall prohibit a non-resident from 
11transporting a concealed firearm within his or her vehicle in 
12Illinois, if the concealed firearm remains within his or her 
13vehicle and the non-resident:
14  (1) is not prohibited from owning or possessing a 
15 firearm under federal law;
16  (2) is eligible to carry a firearm in public under the 
17 laws of his or her state or territory of residence, as

18 evidenced by the possession of a concealed carry license or 
19 permit issued by his or her state of residence, if

20 applicable; and
21  (3) is not in possession of a license under this Act.
22 If the non-resident leaves his or her vehicle unattended, 
23he or she shall store the firearm within a locked vehicle or 
24locked container within the vehicle in accordance with 
25subsection (b) of Section 65 of this Act.

26(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78, 
 
 
HB0674- 61 -LRB100 07853 SLF 17922 b


1eff. 7-20-15.)

2 (430 ILCS 66/70)

3 Sec. 70. Violations. 
4 (a) A license issued or renewed under this Act shall be 
5revoked if, at any time, the licensee is found to be ineligible 
6for a license under this Act or the licensee is prohibited from 
7possessing a firearm under State or federal law no longer meets 
8the eligibility requirements of the Firearm Owners 
9Identification Card Act.
10 (b) A license shall be suspended if an order of protection, 
11including an emergency order of protection, plenary order of 
12protection, or interim order of protection under Article 112A 
13of the Code of Criminal Procedure of 1963 or under the Illinois 
14Domestic Violence Act of 1986, is issued against a licensee for 
15the duration of the order, or if the Department is made aware 
16of a similar order issued against the licensee in any other 
17jurisdiction. If an order of protection is issued against a 
18licensee, the licensee shall surrender the license, as 
19applicable, to the court at the time the order is entered or to 
20the law enforcement agency or entity serving process at the 
21time the licensee is served the order. The court, law 
22enforcement agency, or entity responsible for serving the order 
23of protection shall notify the Department within 7 days and 
24transmit the license to the Department.
25 (c) A license is invalid upon expiration of the license, 
 
 
HB0674- 62 -LRB100 07853 SLF 17922 b


1unless the licensee has submitted an application to renew the 
2license, and the applicant is otherwise eligible to possess a 
3license under this Act.
4 (d) A licensee shall not carry a concealed firearm while 
5under the influence of alcohol, other drug or drugs, 
6intoxicating compound or combination of compounds, or any 
7combination thereof, under the standards set forth in 
8subsection (a) of Section 11-501 of the Illinois Vehicle Code.
9 A licensee in violation of this subsection (d) shall be 
10guilty of a Class A misdemeanor for a first or second violation 
11and a Class 4 felony for a third violation. The Department may 
12suspend a license for up to 6 months for a second violation and 
13shall permanently revoke a license for a third violation.
14 (e) Except as otherwise provided, a licensee in violation 
15of this Act shall be guilty of a Class B misdemeanor. A second 
16or subsequent violation is a Class A misdemeanor. The 
17Department may suspend a license for up to 6 months for a 
18second violation and shall permanently revoke a license for 3 
19or more violations of Section 65 of this Act. Any person 
20convicted of a violation under this Section shall pay a $150 
21fee to be deposited into the Mental Health Reporting Fund, plus 
22any applicable court costs or fees.
23 (f) A licensee convicted or found guilty of a violation of 
24this Act who has a valid license and is otherwise eligible to 
25carry a concealed firearm shall only be subject to the 
26penalties under this Section and shall not be subject to the 
 
 
HB0674- 63 -LRB100 07853 SLF 17922 b


1penalties under Section 21-6, paragraph (4), (8), or (10) of 
2subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) 
3of paragraph (3) of subsection (a) of Section 24-1.6 of the 
4Criminal Code of 2012. Except as otherwise provided in this 
5subsection, nothing in this subsection prohibits the licensee 
6from being subjected to penalties for violations other than 
7those specified in this Act.
8 (g) A licensee whose license is revoked, suspended, or 
9denied shall, within 48 hours of receiving notice of the 
10revocation, suspension, or denial, surrender his or her 
11concealed carry license to the local law enforcement agency 
12where the person resides. The local law enforcement agency 
13shall provide the licensee a receipt and transmit the concealed 
14carry license to the Department of State Police. If the 
15licensee whose concealed carry license has been revoked, 
16suspended, or denied fails to comply with the requirements of 
17this subsection, the law enforcement agency where the person 
18resides may petition the circuit court to issue a warrant to 
19search for and seize the concealed carry license in the 
20possession and under the custody or control of the licensee 
21whose concealed carry license has been revoked, suspended, or 
22denied. The observation of a concealed carry license in the 
23possession of a person whose license has been revoked, 
24suspended, or denied constitutes a sufficient basis for the 
25arrest of that person for violation of this subsection. A 
26violation of this subsection is a Class A misdemeanor.
 
 
HB0674- 64 -LRB100 07853 SLF 17922 b


1 (h) (Blank). A license issued or renewed under this Act 
2shall be revoked if, at any time, the licensee is found 
3ineligible for a Firearm Owner's Identification Card, or the 
4licensee no longer possesses a valid Firearm Owner's 
5Identification Card. A licensee whose license is revoked under 
6this subsection (h) shall surrender his or her concealed carry 
7license as provided for in subsection (g) of this Section. 
8 This subsection shall not apply to a person who has filed 
9an application with the State Police for renewal of a Firearm

10Owner's Identification Card and who is not otherwise ineligible 
11to obtain a Firearm Owner's Identification Card.

12 (i) A certified firearms instructor who knowingly provides 
13or offers to provide a false certification that an applicant 
14has completed firearms training as required under this Act is 
15guilty of a Class A misdemeanor. A person guilty of a violation 
16of this subsection (i) is not eligible for court supervision. 
17The Department shall permanently revoke the firearms 
18instructor certification of a person convicted under this 
19subsection (i). 
20(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, 
21eff. 8-15-14.)

22 (430 ILCS 66/80)
23 Sec. 80. Certified firearms instructors. 
24 (a) Within 60 days of the effective date of this Act, the 
25Department shall begin approval of certified firearms 
 
 
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1instructors and enter certified firearms instructors into an 
2online registry on the Department's website.
3 (b) A person who is not a certified firearms instructor 
4shall not teach applicant training courses or advertise or 
5otherwise represent courses they teach as qualifying their 
6students to meet the requirements to receive a license under 
7this Act. Each violation of this subsection is a business 
8offense with a fine of at least $1,000 per violation.
9 (c) A person seeking to become a certified firearms 
10instructor shall:
11  (1) be at least 21 years of age;
12  (2) be a legal resident of the United States; and
13  (3) meet the requirements of Section 25 of this Act, 
14 except for the Illinois residency
requirement in item (xiv) 
15 of paragraph (2) of subsection (a) of Section 4 of the 
16 Firearm
Owners Identification Card Act; and any additional 
17 uniformly applied requirements established by the 
18 Department.
19 (d) A person seeking to become a certified firearms 
20instructor, in addition to the requirements of subsection (c) 
21of this Section, shall:
22  (1) possess a high school diploma or high school 
23 equivalency certificate; and
24  (2) have at least one of the following valid firearms 
25 instructor certifications:
26   (A) certification from a law enforcement agency;
 
 
HB0674- 66 -LRB100 07853 SLF 17922 b


1   (B) certification from a firearm instructor course 
2 offered by a State or federal governmental agency;
3   (C) certification from a firearm instructor 
4 qualification course offered by the Illinois Law 
5 Enforcement Training Standards Board; or
6   (D) certification from an entity approved by the 
7 Department that offers firearm instructor education 
8 and training in the use and safety of firearms.
9 (e) A person may have his or her firearms instructor 
10certification denied or revoked if he or she does not meet the 
11requirements to obtain a license under this Act, provides false 
12or misleading information to the Department, or has had a prior 
13instructor certification revoked or denied by the Department.

14(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718, 
15eff. 1-1-15.)

16 (430 ILCS 66/105)

17 Sec. 105. Duty of school administrator. It is the duty of 
18the principal
of a public elementary or secondary school, or 
19his or her designee, and the
chief administrative officer of a 
20private elementary or secondary school or a
public or private 
21community college, college, or university, or his or her

22designee, to report to the Department of State Police when a 
23student is determined to pose a clear and present danger to 
24himself, herself, or to others, within 24 hours of
the 
25determination as provided in Section 6-103.3 of the Mental 
 
 
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1Health and Developmental Disabilities Code. "Clear and present 
2danger" has the meaning as provided in paragraph (2) of the 
3definition of "clear and present danger" in Section 6-103.3 of 
4the Mental Health and Developmental Disabilities Code 1.1 of 
5the Firearm Owners Identification Card Act.

6(Source: P.A. 98-63, eff. 7-9-13.)

7 Section 70. The Wildlife Code is amended by changing 
8Sections 3.2 and 3.2a as follows:



9 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)



10 Sec. 3.2. Hunting license; application; instruction. 
11Before the
Department or any county, city, village, township, 
12incorporated town clerk
or his duly designated agent or any 
13other person authorized or designated
by the Department to 
14issue hunting licenses shall issue a hunting license
to any 
15person, the person shall file his application with the 
16Department or
other party authorized to issue licenses on a 
17form provided by the
Department and further give definite proof 
18of identity and place of legal
residence. Each clerk 
19designating agents to issue licenses and stamps
shall furnish 
20the Department, within 10 days following the appointment, the

21names and mailing addresses of the agents. Each clerk or his 
22duly
designated agent shall be authorized to sell licenses and 
23stamps only
within the territorial area for which he was 
24elected or appointed. No duly
designated agent is authorized to 
 
 
HB0674- 68 -LRB100 07853 SLF 17922 b


1furnish licenses or stamps for
issuance by any other business 
2establishment. Each
application shall be executed and sworn to 
3and shall set forth the name
and description of the applicant 
4and place of residence.

5 No hunting license shall be issued to any person born on or 
6after January
1,
1980
unless he presents the person authorized 
7to issue the license
evidence that he has held a hunting 
8license issued by the State of Illinois
or another state in a 
9prior year, or a certificate of competency as
provided in this 
10Section. Persons under 16 years of age may be issued a
Lifetime 
11Hunting or Sportsmen's Combination License as provided under 
12Section
20-45 of the Fish and Aquatic Life Code but shall not 
13be entitled to hunt
unless they have a certificate of 
14competency as provided in this Section and
they shall have the 
15certificate in their possession while hunting.

16 The Department of Natural Resources shall authorize

17personnel of the
Department or certified volunteer instructors 
18to conduct courses, of not
less than 10 hours in length, in 
19firearms and hunter safety, which may include
training in bow 
20and arrow safety, at regularly specified intervals throughout

21the State. Persons successfully completing the course shall 
22receive a
certificate of competency. The Department of Natural 
23Resources may further
cooperate with any reputable association 
24or organization in establishing
courses if the organization has 
25as one of its objectives the promotion of
safety in the 
26handling of firearms or bow and arrow.

 
 
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1 The Department of Natural Resources shall designate any

2person found by it
to be competent to give instruction in the 
3handling of firearms, hunter
safety, and bow and arrow. The 
4persons so appointed shall give the
course of instruction and 
5upon the successful completion shall
issue to the person 
6instructed a certificate of competency in the safe
handling of 
7firearms, hunter safety, and bow and arrow. No charge shall
be 
8made for any course of instruction except for materials or 
9ammunition
consumed. The Department of Natural Resources shall

10furnish information on
the requirements of hunter safety 
11education programs to be distributed
free of charge to 
12applicants for hunting licenses by the persons
appointed and 
13authorized to issue licenses. Funds for the conducting of

14firearms and hunter safety courses shall be taken from the fee 
15charged
for the Firearm Owners Identification Card.

16 The fee for a hunting license to hunt all species for a 
17resident of
Illinois is $12. For residents age 65 or older, 
18and, commencing with the 2012 license year, resident veterans 
19of the United States Armed Forces after returning from service 
20abroad or mobilization by the President of the United States, 
21the fee is one-half of the
fee charged for a hunting license to 
22hunt all species for a resident of
Illinois. Veterans must 
23provide to the Department, at one of the Department's 5 
24regional offices, verification of their service. The 
25Department shall establish what constitutes suitable 
26verification of service for the purpose of issuing resident 
 
 
HB0674- 70 -LRB100 07853 SLF 17922 b


1veterans hunting
licenses at a reduced fee. The fee for a 
2hunting license to hunt all species shall be $1 for residents 
3over 75 years of age. Nonresidents shall be charged $57 for a 
4hunting license.

5 Nonresidents may be issued a nonresident hunting license 
6for a
period not to exceed 10 consecutive days' hunting in the 
7State and shall
be charged a fee of $35.

8 A special nonresident hunting license authorizing a 
9nonresident to
take game birds by hunting on a game breeding 
10and hunting preserve
area only, established under Section 3.27, 
11shall be issued upon proper
application being made and payment 
12of a fee equal to that for a resident
hunting license. The 
13expiration date of this license shall be on the same
date each 
14year that game breeding and hunting preserve
area licenses 
15expire.

16 Each applicant for a State Migratory Waterfowl Stamp, 
17regardless of
his residence or other condition, shall pay a fee 
18of $15 and
shall receive a stamp. The fee for a State Migratory 
19Waterfowl Stamp shall be waived for residents over 75 years of 
20age. Except as provided under
Section 20-45 of the Fish and 
21Aquatic Life Code,
the stamp shall be signed by the person or 
22affixed to his license
or permit in a space designated by the 
23Department for that purpose.

24 Each applicant for a State Habitat Stamp, regardless of his 
25residence
or other condition, shall pay a fee of $5 and shall 
26receive a
stamp. The fee for a State Habitat Stamp shall be 
 
 
HB0674- 71 -LRB100 07853 SLF 17922 b


1waived for residents over 75 years of age. Except as provided 
2under Section 20-45 of the Fish and Aquatic Life
Code, the 
3stamp shall be signed by the person or affixed to his license 
4or
permit in a space designated by the Department for that 
5purpose.

6 Nothing in this Section shall be construed as to require 
7the purchase
of more than one State Habitat Stamp by any person 
8in any one license year.

9 The fees for State Pheasant Stamps and State Furbearer 
10Stamps shall be waived for residents over 75 years of age. 
11 The Department shall furnish the holders of hunting 
12licenses and stamps
with an insignia as evidence of possession 
13of license, or license and
stamp, as the Department may 
14consider advisable. The insignia shall be
exhibited and used as 
15the Department may order.

16 All other hunting licenses and all State stamps shall 
17expire upon
March 31 of each year.

18 Every person holding any license, permit, or stamp issued 
19under the
provisions of this Act shall have it in his 
20possession for immediate
presentation for inspection to the 
21officers and authorized employees of
the Department, any 
22sheriff, deputy sheriff, or any other peace officer making
a 
23demand for it. This provision shall not apply to Department 
24owned or
managed sites where it is required that all hunters 
25deposit their license or ,
permit , or Firearm Owner's 
26Identification Card at the check station upon
entering the 
 
 
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1hunting areas.

2(Source: P.A. 97-498, eff. 4-1-12; 98-800, eff. 8-1-14.)






3 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)



4 Sec. 3.2a. 
Every person holding any license, permit or 
5stamp issued under the
provisions hereof shall have it in his 
6possession for immediate
presentation for inspection to the 
7officers and authorized employees of
the Department, any 
8sheriff, deputy sheriff or any other peace officer making
a 
9demand for it.
This provision shall not apply to Department 
10owned or managed sites where
it is required that all hunters 
11deposit their license or , permit or Firearm
Owner's 
12Identification Card at the check station upon entering the 
13hunting areas. 

14(Source: P.A. 85-152.)



15 Section 75. The Clerks of Courts Act is amended by changing 
16Section 27.3a as follows:



17 (705 ILCS 105/27.3a)



18 Sec. 27.3a. Fees for automated record keeping, probation 
19and court services operations, State and Conservation Police 
20operations, and e-business programs. 

21 1. The expense of establishing and maintaining automated 
22record
keeping systems in the offices of the clerks of the 
23circuit court shall
be borne by the county. To defray such 
 
 
HB0674- 73 -LRB100 07853 SLF 17922 b


1expense in any county having
established such an automated 
2system or which elects to establish such a
system, the county 
3board may require the clerk of the circuit court in
their 
4county to charge and collect a court automation fee of not less 
5than
$1 nor more than $25 to be charged and collected by the 
6clerk of the court.
Such fee shall be paid at the time of 
7filing the first pleading, paper or
other appearance filed by 
8each party in all civil cases or by the defendant
in any 
9felony, traffic, misdemeanor, municipal ordinance, or 
10conservation
case upon a judgment of guilty or grant of 
11supervision, provided that
the record keeping system which 
12processes the case
category for which the fee is charged is 
13automated or has been approved for
automation by the county 
14board, and provided further that no additional fee
shall be 
15required if more than one party is presented in a single 
16pleading,
paper or other appearance. Such fee shall be 
17collected in the manner in
which all other fees or costs are 
18collected.

19 1.1. Starting on July 6, 2012 (the effective date of Public 
20Act 97-761) and pursuant to an administrative order from the 
21chief judge of the circuit or the presiding judge of the county 
22authorizing such collection, a clerk of the circuit court in 
23any county that imposes a fee pursuant to subsection 1 of this 
24Section shall also charge and collect an additional $10 
25operations fee for probation and court services department 
26operations.
 
 
HB0674- 74 -LRB100 07853 SLF 17922 b


1 This additional fee shall be paid by the defendant in any 
2felony, traffic, misdemeanor, local ordinance, or conservation 
3case upon a judgment of guilty or grant of supervision, except 
4such $10 operations fee shall not be charged and collected in 
5cases governed by Supreme Court Rule 529 in which the bail 
6amount is $120 or less. 
7 1.2. With respect to the fee imposed and collected under 
8subsection 1.1 of this Section, each clerk shall transfer all 
9fees monthly to the county treasurer for deposit into the 
10probation and court services fund created under Section 15.1 of 
11the Probation and Probation Officers Act, and such monies shall 
12be disbursed from the fund only at the direction of the chief 
13judge of the circuit or another judge designated by the Chief 
14Circuit Judge in accordance with the policies and guidelines 
15approved by the Supreme Court. 
16 1.5. Starting on June 1, 2014, a clerk of the circuit court 
17in any county that imposes a fee pursuant to subsection 1 of 
18this Section, shall charge and collect an additional fee in an 
19amount equal to the amount of the fee imposed pursuant to 
20subsection 1 of this Section, except the fee imposed under this 
21subsection may not be more than $15. This additional fee shall 
22be paid by the defendant in any felony, traffic, misdemeanor, 
23or local ordinance case upon a judgment of guilty or grant of 
24supervision. This fee shall not be paid by the defendant for 
25any violation listed in subsection 1.6 of this Section.
26 1.6. Starting on June 1, 2014, a clerk of the circuit court 
 
 
HB0674- 75 -LRB100 07853 SLF 17922 b


1in any county that imposes a fee pursuant to subsection 1 of 
2this Section shall charge and collect an additional fee in an 
3amount equal to the amount of the fee imposed pursuant to 
4subsection 1 of this Section, except the fee imposed under this 
5subsection may not be more than $15. This additional fee shall 
6be paid by the defendant upon a judgment of guilty or grant of 
7supervision for a violation under the State Parks Act, the 
8Recreational Trails of Illinois Act, the Illinois Explosives 
9Act, the Timber Buyers Licensing Act, the Forest Products 
10Transportation Act, the Firearm Owners Identification Card 
11Act, the Environmental Protection Act, the Fish and Aquatic 
12Life Code, the Wildlife Code, the Cave Protection Act, the 
13Illinois Exotic Weed Act, the Illinois Forestry Development 
14Act, the Ginseng Harvesting Act, the Illinois Lake Management 
15Program Act, the Illinois Natural Areas Preservation Act, the 
16Illinois Open Land Trust Act, the Open Space Lands Acquisition 
17and Development Act, the Illinois Prescribed Burning Act, the 
18State Forest Act, the Water Use Act of 1983, the Illinois 
19Veteran, Youth, and Young Adult Conservation Jobs Act, the 
20Snowmobile Registration and Safety Act, the Boat Registration 
21and Safety Act, the Illinois Dangerous Animals Act, the Hunter 
22and Fishermen Interference Prohibition Act, the Wrongful Tree 
23Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427, 
2411-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of 
25the Illinois Vehicle Code, or Section 48-3 or 48-10 of the 
26Criminal Code of 2012. 
 
 
HB0674- 76 -LRB100 07853 SLF 17922 b


1 1.7. Starting on the 30th day after the effective date of 
2this amendatory Act of the 99th General Assembly, a clerk of 
3the circuit court in any county that imposes a fee pursuant to 
4subsection 1 of this Section shall also charge and collect an 
5additional $9 e-business fee. The fee shall be paid at the time 
6of filing the first pleading, paper, or other appearance filed 
7by each party in all civil cases, except no additional fee 
8shall be required if more than one party is presented in a 
9single pleading, paper, or other appearance. The fee shall be 
10collected in the manner in which all other fees or costs are 
11collected. The fee shall be in addition to all other fees and 
12charges of the clerk, and assessable as costs, and may be 
13waived only if the judge specifically provides for the waiver 
14of the e-business fee. The fee shall not be charged in any 
15matter coming to the clerk on a change of venue, nor in any 
16proceeding to review the decision of any administrative 
17officer, agency, or body. 
18 2. With respect to the fee imposed under subsection 1 of 
19this Section, each clerk shall commence such charges and 
20collections upon receipt
of written notice from the chairman of 
21the county board together with a
certified copy of the board's 
22resolution, which the clerk shall file of
record in his office.

23 3. With respect to the fee imposed under subsection 1 of 
24this Section, such fees shall be in addition to all other fees 
25and charges of such
clerks, and assessable as costs, and may be 
26waived only if the judge
specifically provides for the waiver 
 
 
HB0674- 77 -LRB100 07853 SLF 17922 b


1of the court automation fee. The
fees shall be remitted monthly 
2by such clerk to the county treasurer, to be
retained by him in 
3a special fund designated as the court automation fund.
The 
4fund shall be audited by the county auditor, and the board 
5shall make
expenditure from the fund in payment of any cost 
6related to the automation
of court records, including hardware, 
7software, research and development
costs and personnel related 
8thereto, provided that the expenditure is
approved by the clerk 
9of the court and by the chief judge of the circuit
court or his 
10designate.

11 4. With respect to the fee imposed under subsection 1 of 
12this Section, such fees shall not be charged in any matter 
13coming to any such clerk
on change of venue, nor in any 
14proceeding to review the decision of any
administrative 
15officer, agency or body.

16 5. With respect to the additional fee imposed under 
17subsection 1.5 of this Section, the fee shall be remitted by 
18the circuit clerk to the State Treasurer within one month after 
19receipt for deposit into the State Police Operations Assistance 
20Fund. 
21 6. With respect to the additional fees imposed under 
22subsection 1.5 of this Section, the Director of State Police 
23may direct the use of these fees for homeland security purposes 
24by transferring these fees on a quarterly basis from the State 
25Police Operations Assistance Fund into the Illinois Law 
26Enforcement Alarm Systems (ILEAS) Fund for homeland security 
 
 
HB0674- 78 -LRB100 07853 SLF 17922 b


1initiatives programs. The transferred fees shall be allocated, 
2subject to the approval of the ILEAS Executive Board, as 
3follows: (i) 66.6% shall be used for homeland security 
4initiatives and (ii) 33.3% shall be used for airborne 
5operations. The ILEAS Executive Board shall annually supply the 
6Director of State Police with a report of the use of these 
7fees. 
8 7. With respect to the additional fee imposed under 
9subsection 1.6 of this Section, the fee shall be remitted by 
10the circuit clerk to the State Treasurer within one month after 
11receipt for deposit into the Conservation Police Operations 
12Assistance Fund. 
13 8. With respect to the fee imposed under subsection 1.7 of 
14this Section, the clerk shall remit the fee to the State 
15Treasurer within one month after receipt for deposit into the 
16Supreme Court Special Purposes Fund. Unless otherwise 
17authorized by this Act, the moneys deposited into the Supreme 
18Court Special Purposes Fund under this subsection are not 
19subject to administrative charges or chargebacks under Section 
2020 of the State Treasurer Act. 
21(Source: P.A. 98-375, eff. 8-16-13; 98-606, eff. 6-1-14; 
2298-1016, eff. 8-22-14; 99-859, eff. 8-19-16.)

23 Section 80. The Criminal Code of 2012 is amended by 
24changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1, 
2524-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4, 
 
 
HB0674- 79 -LRB100 07853 SLF 17922 b


124-3.5, 24-4.1, and 24-9 and adding Section 24-4.5 as follows:




2 (720 ILCS 5/2-7.1)



3 Sec. 2-7.1. "Firearm
"Firearm" and "firearm ammunition". 
4"Firearm
"Firearm" and "firearm
ammunition" means any 
5self-contained cartridge or shotgun shell, by whatever name 
6known, which is designed to be used or adaptable to use in a 
7firearm; excluding, however:
8 (1) any ammunition exclusively designed for use with
a 
9device used exclusively for signalling or safety and required 
10or recommended by the United States Coast Guard or the 
11Interstate Commerce Commission; and
12 (2) any ammunition designed exclusively for use with
a stud 
13or rivet driver or other similar industrial ammunition
have the 
14meanings ascribed to them in Section 1.1 of the Firearm
Owners 
15Identification Card Act.

16(Source: P.A. 91-544, eff. 1-1-00.)





17 (720 ILCS 5/2-7.5)



18 Sec. 2-7.5. "Firearm". Except as otherwise provided in a 
19specific
Section, "firearm" means any device, by whatever name 
20known, which is designed to expel a projectile or projectiles 
21by the action of an explosion, expansion of gas or escape of 
22gas; excluding, however:
23 (1) any pneumatic gun, spring gun, paint ball gun, or B-B 
24gun which
expels a single globular projectile not exceeding .18 
 
 
HB0674- 80 -LRB100 07853 SLF 17922 b


1inch in
diameter or which has a maximum muzzle velocity of less 
2than 700 feet
per second;
3 (1.1) any pneumatic gun, spring gun, paint ball gun, or B-B 
4gun which expels breakable paint balls containing washable 
5marking colors; 
6 (2) any device used exclusively for signalling or
safety 
7and required or recommended by the United States Coast Guard or 
8the Interstate Commerce Commission;
9 (3) any device used exclusively for the firing of
stud 
10cartridges, explosive rivets, or similar industrial 
11ammunition; and
12 (4) an antique firearm (other than a machine-gun)
which, 
13although designed as a weapon, the Department of State Police 
14finds by reason of the date of its manufacture, value, design, 
15and other characteristics is primarily a collector's item and 
16is not likely to be used as a weapon has the meaning ascribed 
17to it in Section 1.1 of the
Firearm Owners Identification Card 
18Act.

19(Source: P.A. 95-331, eff. 8-21-07.)



20 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)



21 Sec. 12-3.05. Aggravated battery. 

22 (a) Offense based on injury. A person commits aggravated 
23battery when, in committing a battery, other than by the 
24discharge of a firearm, he or she knowingly does any of the 
25following:
 
 
HB0674- 81 -LRB100 07853 SLF 17922 b


1  (1) Causes great bodily harm or permanent disability or 
2 disfigurement.
3  (2) Causes severe and permanent disability, great 
4 bodily harm, or disfigurement by means of a caustic or 
5 flammable substance, a poisonous gas, a deadly biological 
6 or chemical contaminant or agent, a radioactive substance, 
7 or a bomb or explosive compound.
8  (3) Causes great bodily harm or permanent disability or 
9 disfigurement to an individual whom the person knows to be 
10 a peace officer, community policing volunteer, fireman, 
11 private security officer, correctional institution 
12 employee, or Department of Human Services employee 
13 supervising or controlling sexually dangerous persons or 
14 sexually violent persons:
15   (i) performing his or her official duties;
16   (ii) battered to prevent performance of his or her 
17 official duties; or
18   (iii) battered in retaliation for performing his 
19 or her official duties.
20  (4) Causes great bodily harm or permanent disability or 
21 disfigurement to an individual 60 years of age or older.
22  (5) Strangles another individual. 
23 (b) Offense based on injury to a child or person with an 
24intellectual disability. A person who is at least 18 years of 
25age commits aggravated battery when, in committing a battery, 
26he or she knowingly and without legal justification by any 
 
 
HB0674- 82 -LRB100 07853 SLF 17922 b


1means:
2  (1) causes great bodily harm or permanent disability or 
3 disfigurement to any child under the age of 13 years, or to 
4 any person with a severe or profound intellectual 
5 disability; or
6  (2) causes bodily harm or disability or disfigurement 
7 to any child under the age of 13 years or to any person 
8 with a severe or profound intellectual disability. 
9 (c) Offense based on location of conduct. A person commits 
10aggravated battery when, in committing a battery, other than by 
11the discharge of a firearm, he or she is or the person battered 
12is on or about a public way, public property, a public place of 
13accommodation or amusement, a sports venue, or a domestic 
14violence shelter.
15 (d) Offense based on status of victim. A person commits 
16aggravated battery when, in committing a battery, other than by 
17discharge of a firearm, he or she knows the individual battered 
18to be any of the following:
19  (1) A person 60 years of age or older.
20  (2) A person who is pregnant or has a physical 
21 disability.
22  (3) A teacher or school employee upon school grounds or 
23 grounds adjacent to a school or in any part of a building 
24 used for school purposes.
25  (4) A peace officer, community policing volunteer, 
26 fireman, private security officer, correctional 
 
 
HB0674- 83 -LRB100 07853 SLF 17922 b


1 institution employee, or Department of Human Services 
2 employee supervising or controlling sexually dangerous 
3 persons or sexually violent persons:
4   (i) performing his or her official duties;
5   (ii) battered to prevent performance of his or her 
6 official duties; or
7   (iii) battered in retaliation for performing his 
8 or her official duties.
9  (5) A judge, emergency management worker, emergency 
10 medical services personnel, or utility worker:
11   (i) performing his or her official duties;
12   (ii) battered to prevent performance of his or her 
13 official duties; or
14   (iii) battered in retaliation for performing his 
15 or her official duties.
16  (6) An officer or employee of the State of Illinois, a 
17 unit of local government, or a school district, while 
18 performing his or her official duties.
19  (7) A transit employee performing his or her official 
20 duties, or a transit passenger.
21  (8) A taxi driver on duty.
22  (9) A merchant who detains the person for an alleged 
23 commission of retail theft under Section 16-26 of this Code 
24 and the person without legal justification by any means 
25 causes bodily harm to the merchant.
26  (10) A person authorized to serve process under Section 
 
 
HB0674- 84 -LRB100 07853 SLF 17922 b


1 2-202 of the Code of Civil Procedure or a special process 
2 server appointed by the circuit court while that individual 
3 is in the performance of his or her duties as a process 
4 server.
5  (11) A nurse while in the performance of his or her 
6 duties as a nurse. 
7 (e) Offense based on use of a firearm. A person commits 
8aggravated battery when, in committing a battery, he or she 
9knowingly does any of the following:
10  (1) Discharges a firearm, other than a machine gun or a 
11 firearm equipped with a silencer, and causes any injury to 
12 another person.
13  (2) Discharges a firearm, other than a machine gun or a 
14 firearm equipped with a silencer, and causes any injury to 
15 a person he or she knows to be a peace officer, community 
16 policing volunteer, person summoned by a police officer, 
17 fireman, private security officer, correctional 
18 institution employee, or emergency management worker:
19   (i) performing his or her official duties;
20   (ii) battered to prevent performance of his or her 
21 official duties; or
22   (iii) battered in retaliation for performing his 
23 or her official duties.
24  (3) Discharges a firearm, other than a machine gun or a 
25 firearm equipped with a silencer, and causes any injury to 
26 a person he or she knows to be emergency medical services 
 
 
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1 personnel:
2   (i) performing his or her official duties;
3   (ii) battered to prevent performance of his or her 
4 official duties; or
5   (iii) battered in retaliation for performing his 
6 or her official duties.
7  (4) Discharges a firearm and causes any injury to a 
8 person he or she knows to be a teacher, a student in a 
9 school, or a school employee, and the teacher, student, or 
10 employee is upon school grounds or grounds adjacent to a 
11 school or in any part of a building used for school 
12 purposes.
13  (5) Discharges a machine gun or a firearm equipped with 
14 a silencer, and causes any injury to another person.
15  (6) Discharges a machine gun or a firearm equipped with 
16 a silencer, and causes any injury to a person he or she 
17 knows to be a peace officer, community policing volunteer, 
18 person summoned by a police officer, fireman, private 
19 security officer, correctional institution employee or 
20 emergency management worker:
21   (i) performing his or her official duties;
22   (ii) battered to prevent performance of his or her 
23 official duties; or
24   (iii) battered in retaliation for performing his 
25 or her official duties.
26  (7) Discharges a machine gun or a firearm equipped with 
 
 
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1 a silencer, and causes any injury to a person he or she 
2 knows to be emergency medical services personnel:
3   (i) performing his or her official duties;
4   (ii) battered to prevent performance of his or her 
5 official duties; or
6   (iii) battered in retaliation for performing his 
7 or her official duties.
8  (8) Discharges a machine gun or a firearm equipped with 
9 a silencer, and causes any injury to a person he or she 
10 knows to be a teacher, or a student in a school, or a 
11 school employee, and the teacher, student, or employee is 
12 upon school grounds or grounds adjacent to a school or in 
13 any part of a building used for school purposes. 
14 (f) Offense based on use of a weapon or device. A person 
15commits aggravated battery when, in committing a battery, he or 
16she does any of the following:
17  (1) Uses a deadly weapon other than by discharge of a 
18 firearm, or uses an air rifle as defined in Section 
19 24.8-0.1 of this Code.
20  (2) Wears a hood, robe, or mask to conceal his or her 
21 identity.
22  (3) Knowingly and without lawful justification shines 
23 or flashes a laser gunsight or other laser device attached 
24 to a firearm, or used in concert with a firearm, so that 
25 the laser beam strikes upon or against the person of 
26 another.
 
 
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1  (4) Knowingly video or audio records the offense with 
2 the intent to disseminate the recording. 
3 (g) Offense based on certain conduct. A person commits 
4aggravated battery when, other than by discharge of a firearm, 
5he or she does any of the following:
6  (1) Violates Section 401 of the Illinois Controlled 
7 Substances Act by unlawfully delivering a controlled 
8 substance to another and any user experiences great bodily 
9 harm or permanent disability as a result of the injection, 
10 inhalation, or ingestion of any amount of the controlled 
11 substance.
12  (2) Knowingly administers to an individual or causes 
13 him or her to take, without his or her consent or by threat 
14 or deception, and for other than medical purposes, any 
15 intoxicating, poisonous, stupefying, narcotic, anesthetic, 
16 or controlled substance, or gives to another person any 
17 food containing any substance or object intended to cause 
18 physical injury if eaten.
19  (3) Knowingly causes or attempts to cause a 
20 correctional institution employee or Department of Human 
21 Services employee to come into contact with blood, seminal 
22 fluid, urine, or feces by throwing, tossing, or expelling 
23 the fluid or material, and the person is an inmate of a 
24 penal institution or is a sexually dangerous person or 
25 sexually violent person in the custody of the Department of 
26 Human Services.
 
 
HB0674- 88 -LRB100 07853 SLF 17922 b


1 (h) Sentence. Unless otherwise provided, aggravated 
2battery is a Class 3 felony.
3 Aggravated battery as defined in subdivision (a)(4), 
4(d)(4), or (g)(3) is a Class 2 felony.
5 Aggravated battery as defined in subdivision (a)(3) or 
6(g)(1) is a Class 1 felony.
7 Aggravated battery as defined in subdivision (a)(1) is a 
8Class 1 felony when the aggravated battery was intentional and 
9involved the infliction of torture, as defined in paragraph 
10(14) of subsection (b) of Section 9-1 of this Code, as the 
11infliction of or subjection to extreme physical pain, motivated 
12by an intent to increase or prolong the pain, suffering, or 
13agony of the victim. 
14 Aggravated battery under subdivision (a)(5) is a
Class 1 
15felony if:
16  (A) the person used or attempted to use a dangerous

17 instrument while committing the offense; or
18  (B) the person caused great bodily harm or
permanent 
19 disability or disfigurement to the other
person while 
20 committing the offense; or
21  (C) the person has been previously convicted of a

22 violation of subdivision (a)(5) under the laws of this

23 State or laws similar to subdivision (a)(5) of any other

24 state. 
25 Aggravated battery as defined in subdivision (e)(1) is a 
26Class X felony.
 
 
HB0674- 89 -LRB100 07853 SLF 17922 b


1 Aggravated battery as defined in subdivision (a)(2) is a 
2Class X felony for which a person shall be sentenced to a term 
3of imprisonment of a minimum of 6 years and a maximum of 45 
4years.
5 Aggravated battery as defined in subdivision (e)(5) is a 
6Class X felony for which a person shall be sentenced to a term 
7of imprisonment of a minimum of 12 years and a maximum of 45 
8years.
9 Aggravated battery as defined in subdivision (e)(2), 
10(e)(3), or (e)(4) is a Class X felony for which a person shall 
11be sentenced to a term of imprisonment of a minimum of 15 years 
12and a maximum of 60 years.
13 Aggravated battery as defined in subdivision (e)(6), 
14(e)(7), or (e)(8) is a Class X felony for which a person shall 
15be sentenced to a term of imprisonment of a minimum of 20 years 
16and a maximum of 60 years.
17 Aggravated battery as defined in subdivision (b)(1) is a 
18Class X felony, except that:
19  (1) if the person committed the offense while armed 
20 with a firearm, 15 years shall be added to the term of 
21 imprisonment imposed by the court;
22  (2) if, during the commission of the offense, the 
23 person personally discharged a firearm, 20 years shall be 
24 added to the term of imprisonment imposed by the court;
25  (3) if, during the commission of the offense, the 
26 person personally discharged a firearm that proximately 
 
 
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1 caused great bodily harm, permanent disability, permanent 
2 disfigurement, or death to another person, 25 years or up 
3 to a term of natural life shall be added to the term of 
4 imprisonment imposed by the court.
5 (i) Definitions. For the purposes of this Section:
6 "Building or other structure used to provide shelter" has 
7the meaning ascribed to "shelter" in Section 1 of the Domestic 
8Violence Shelters Act.
9 "Domestic violence" has the meaning ascribed to it in 
10Section 103 of the Illinois Domestic Violence Act of 1986.
11 "Domestic violence shelter" means any building or other 
12structure used to provide shelter or other services to victims 
13or to the dependent children of victims of domestic violence 
14pursuant to the Illinois Domestic Violence Act of 1986 or the 
15Domestic Violence Shelters Act, or any place within 500 feet of 
16such a building or other structure in the case of a person who 
17is going to or from such a building or other structure.
18 "Firearm" has the meaning provided under Section 2-7.5 of 
19this Code 1.1
of the Firearm Owners Identification Card Act, 
20and does
not include an air rifle as defined by Section 
2124.8-0.1 of this Code. 
22 "Machine gun" has the meaning ascribed to it in Section 
2324-1 of this Code.
24 "Merchant" has the meaning ascribed to it in Section 16-0.1 
25of this Code. 
26 "Strangle" means
intentionally impeding the normal 
 
 
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1breathing or circulation of the blood of an individual by 
2applying pressure on the throat
or neck of that individual or 
3by blocking the nose or mouth of
that individual. 

4(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, 
5eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)


6 (720 ILCS 5/16-0.1)
7 Sec. 16-0.1. Definitions. In this Article, unless the 
8context clearly requires otherwise, the following terms are 
9defined as indicated:
10 "Access" means to use, instruct, communicate with, store 
11data in, retrieve or intercept data from, or otherwise utilize 
12any services of a computer.
13 "Coin-operated machine" includes any automatic vending 
14machine or any part thereof, parking meter, coin telephone, 
15coin-operated transit turnstile, transit fare box, coin 
16laundry machine, coin dry cleaning machine, amusement machine, 
17music machine, vending machine dispensing goods or services, or 
18money changer.
19 "Communication device" means any type of instrument, 
20device, machine, or equipment which is capable of transmitting, 
21acquiring, decrypting, or receiving any telephonic, 
22electronic, data, Internet access, audio, video, microwave, or 
23radio transmissions, signals, communications, or services, 
24including the receipt, acquisition, transmission, or 
25decryption of all such communications, transmissions, signals, 
 
 
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1or services provided by or through any cable television, fiber 
2optic, telephone, satellite, microwave, radio, Internet-based, 
3data transmission, or wireless distribution network, system or 
4facility; or any part, accessory, or component thereof, 
5including any computer circuit, security module, smart card, 
6software, computer chip, electronic mechanism or other 
7component, accessory or part of any communication device which 
8is capable of facilitating the transmission, decryption, 
9acquisition or reception of all such communications, 
10transmissions, signals, or services.
11 "Communication service" means any service lawfully 
12provided for a charge or compensation to facilitate the lawful 
13origination, transmission, emission, or reception of signs, 
14signals, data, writings, images, and sounds or intelligence of 
15any nature by telephone, including cellular telephones or a 
16wire, wireless, radio, electromagnetic, photo-electronic or 
17photo-optical system; and also any service lawfully provided by 
18any radio, telephone, cable television, fiber optic, 
19satellite, microwave, Internet-based or wireless distribution 
20network, system, facility or technology, including, but not 
21limited to, any and all electronic, data, video, audio, 
22Internet access, telephonic, microwave and radio 
23communications, transmissions, signals and services, and any 
24such communications, transmissions, signals and services 
25lawfully provided directly or indirectly by or through any of 
26those networks, systems, facilities or technologies.
 
 
HB0674- 93 -LRB100 07853 SLF 17922 b


1 "Communication service provider" means: (1) any person or 
2entity providing any communication service, whether directly 
3or indirectly, as a reseller, including, but not limited to, a 
4cellular, paging or other wireless communications company or 
5other person or entity which, for a fee, supplies the facility, 
6cell site, mobile telephone switching office or other equipment 
7or communication service; (2) any person or entity owning or 
8operating any cable television, fiber optic, satellite, 
9telephone, wireless, microwave, radio, data transmission or 
10Internet-based distribution network, system or facility; and 
11(3) any person or entity providing any communication service 
12directly or indirectly by or through any such distribution 
13system, network or facility.
14 "Computer" means a device that accepts, processes, stores, 
15retrieves or outputs data, and includes but is not limited to 
16auxiliary storage and telecommunications devices connected to 
17computers.
18 "Continuing
course of conduct" means a series of acts, and 
19the accompanying
mental state necessary for the crime in 
20question, irrespective
of whether the series of acts are 
21continuous or intermittent. 
22 "Delivery container" means any bakery basket of wire or 
23plastic used to transport or store bread or bakery products, 
24any dairy case of wire or plastic used to transport or store 
25dairy products, and any dolly or cart of 2 or 4 wheels used to 
26transport or store any bakery or dairy product.
 
 
HB0674- 94 -LRB100 07853 SLF 17922 b


1 "Document-making implement" means any implement, 
2impression, template, computer file, computer disc, electronic 
3device, computer hardware, computer software, instrument, or 
4device that is used to make a real or fictitious or fraudulent 
5personal identification document.
6 "Financial transaction device" means any of the following:
7  (1) An electronic funds transfer card.
8  (2) A credit card.
9  (3) A debit card.
10  (4) A point-of-sale card.
11  (5) Any instrument, device, card, plate, code, account 
12 number, personal identification number, or a record or copy 
13 of a code, account number, or personal identification 
14 number or other means of access to a credit account or 
15 deposit account, or a driver's license or State 
16 identification card used to access a proprietary account, 
17 other than access originated solely by a paper instrument, 
18 that can be used alone or in conjunction with another 
19 access device, for any of the following purposes:
20   (A) Obtaining money, cash refund or credit 
21 account, credit, goods, services, or any other thing of 
22 value.
23   (B) Certifying or guaranteeing to a person or 
24 business the availability to the device holder of funds 
25 on deposit to honor a draft or check payable to the 
26 order of that person or business.
 
 
HB0674- 95 -LRB100 07853 SLF 17922 b


1   (C) Providing the device holder access to a deposit 
2 account for the purpose of making deposits, 
3 withdrawing funds, transferring funds between deposit 
4 accounts, obtaining information pertaining to a 
5 deposit account, or making an electronic funds 
6 transfer.
7 "Full retail value" means the merchant's stated or 
8advertised price of the merchandise. "Full
retail value" 
9includes the aggregate value of property obtained
from retail 
10thefts committed by the same person as part of a
continuing 
11course of conduct from one or more mercantile
establishments in 
12a single transaction or in separate
transactions over a period 
13of one year.
14 "Internet" means an interactive computer service or system 
15or an information service, system, or access software provider 
16that provides or enables computer access by multiple users to a 
17computer server, and includes, but is not limited to, an 
18information service, system, or access software provider that 
19provides access to a network system commonly known as the 
20Internet, or any comparable system or service and also 
21includes, but is not limited to, a World Wide Web page, 
22newsgroup, message board, mailing list, or chat area on any 
23interactive computer service or system or other online service.
24 "Library card" means a card or plate issued by a library 
25facility for purposes of identifying the person to whom the 
26library card was issued as authorized to borrow library 
 
 
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1material, subject to all limitations and conditions imposed on 
2the borrowing by the library facility issuing such card.
3 "Library facility" includes any public library or museum, 
4or any library or museum of an educational, historical or 
5eleemosynary institution, organization or society.
6 "Library material" includes any book, plate, picture, 
7photograph, engraving, painting, sculpture, statue, artifact, 
8drawing, map, newspaper, pamphlet, broadside, magazine, 
9manuscript, document, letter, microfilm, sound recording, 
10audiovisual material, magnetic or other tape, electronic data 
11processing record or other documentary, written or printed 
12material regardless of physical form or characteristics, or any 
13part thereof, belonging to, or on loan to or otherwise in the 
14custody of a library facility.
15 "Manufacture or assembly of an unlawful access device" 
16means to make, produce or assemble an unlawful access device or 
17to modify, alter, program or re-program any instrument, device, 
18machine, equipment or software so that it is capable of 
19defeating or circumventing any technology, device or software 
20used by the provider, owner or licensee of a communication 
21service or of any data, audio or video programs or 
22transmissions to protect any such communication, data, audio or 
23video services, programs or transmissions from unauthorized 
24access, acquisition, disclosure, receipt, decryption, 
25communication, transmission or re-transmission.
26 "Manufacture or assembly of an unlawful communication 
 
 
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1device" means to make, produce or assemble an unlawful 
2communication or wireless device or to modify, alter, program 
3or reprogram a communication or wireless device to be capable 
4of acquiring, disrupting, receiving, transmitting, decrypting, 
5or facilitating the acquisition, disruption, receipt, 
6transmission or decryption of, a communication service without 
7the express consent or express authorization of the 
8communication service provider, or to knowingly assist others 
9in those activities.
10 "Master sound recording" means the original physical 
11object on which a given set of sounds were first recorded and 
12which the original object from which all subsequent sound 
13recordings embodying the same set of sounds are directly or 
14indirectly derived.
15 "Merchandise" means any item of tangible personal 
16property, including motor fuel.
17 "Merchant" means an owner or operator of any retail 
18mercantile establishment or any agent, employee, lessee, 
19consignee, officer, director, franchisee, or independent 
20contractor of the owner or operator. "Merchant" also means a 
21person who receives from an authorized user of a payment card, 
22or someone the person believes to be an authorized user, a 
23payment card or information from a payment card, or what the 
24person believes to be a payment card or information from a 
25payment card, as the instrument for obtaining, purchasing or 
26receiving goods, services, money, or anything else of value 
 
 
HB0674- 98 -LRB100 07853 SLF 17922 b


1from the person.
2 "Motor fuel" means a liquid, regardless of its properties, 
3used to propel a vehicle, including gasoline and diesel.
4 "Online" means the use of any electronic or wireless device 
5to access the Internet.
6 "Payment card" means a credit card, charge card, debit 
7card, or any other card that is issued to an authorized card 
8user and that allows the user to obtain, purchase, or receive 
9goods, services, money, or anything else of value from a 
10merchant.
11 "Person with a disability" means a person who
suffers from 
12a physical or mental impairment resulting from
disease, injury, 
13functional disorder or congenital condition that impairs the

14individual's mental or physical ability to independently 
15manage his or her
property or financial resources, or both. 
16 "Personal identification document" means a birth 
17certificate, a driver's license, a State identification card, a 
18public, government, or private employment identification card, 
19a social security card, a license issued under the Firearm 
20Concealed Carry Act firearm owner's identification card, a 
21credit card, a debit card, or a passport issued to or on behalf 
22of a person other than the offender, or any document made or 
23issued, or falsely purported to have been made or issued, by or 
24under the authority of the United States Government, the State 
25of Illinois, or any other state political subdivision of any 
26state, or any other governmental or quasi-governmental 
 
 
HB0674- 99 -LRB100 07853 SLF 17922 b


1organization that is of a type intended for the purpose of 
2identification of an individual, or any such document made or 
3altered in a manner that it falsely purports to have been made 
4on behalf of or issued to another person or by the authority of 
5one who did not give that authority.
6 "Personal identifying information" means any of the 
7following information:
8  (1) A person's name.
9  (2) A person's address.
10  (3) A person's date of birth.
11  (4) A person's telephone number.
12  (5) A person's driver's license number or State of 
13 Illinois identification card as assigned by the Secretary 
14 of State of the State of Illinois or a similar agency of 
15 another state.
16  (6) A person's social security number.
17  (7) A person's public, private, or government 
18 employer, place of employment, or employment 
19 identification number.
20  (8) The maiden name of a person's mother.
21  (9) The number assigned to a person's depository 
22 account, savings account, or brokerage account.
23  (10) The number assigned to a person's credit or debit 
24 card, commonly known as a "Visa Card", "MasterCard", 
25 "American Express Card", "Discover Card", or other similar 
26 cards whether issued by a financial institution, 
 
 
HB0674- 100 -LRB100 07853 SLF 17922 b


1 corporation, or business entity.
2  (11) Personal identification numbers.
3  (12) Electronic identification numbers.
4  (13) Digital signals.
5  (14) User names, passwords, and any other word, number, 
6 character or combination of the same usable in whole or 
7 part to access information relating to a specific 
8 individual, or to the actions taken, communications made or 
9 received, or other activities or transactions of a specific 
10 individual.
11  (15) Any other numbers or information which can be used 
12 to access a person's financial resources, or to identify a 
13 specific individual, or the actions taken, communications 
14 made or received, or other activities or transactions of a 
15 specific individual.
16 "Premises of a retail mercantile establishment" includes, 
17but is not limited to, the retail mercantile establishment; any 
18common use areas in shopping centers; and all parking areas set 
19aside by a merchant or on behalf of a merchant for the parking 
20of vehicles for the convenience of the patrons of such retail 
21mercantile establishment.
22 "Public water, gas, or power supply, or other public 
23services" mean any service subject to regulation by the 
24Illinois Commerce Commission; any service furnished by a public 
25utility that is owned and operated by any political 
26subdivision, public institution of higher education or 
 
 
HB0674- 101 -LRB100 07853 SLF 17922 b


1municipal corporation of this State; any service furnished by 
2any public utility that is owned by such political subdivision, 
3public institution of higher education, or municipal 
4corporation and operated by any of its lessees or operating 
5agents; any service furnished by an electric cooperative as 
6defined in Section 3.4 of the Electric Supplier Act; or 
7wireless service or other service regulated by the Federal 
8Communications Commission.
9 "Publish" means to communicate or disseminate information 
10to any one or more persons, either orally, in person, or by 
11telephone, radio or television or in writing of any kind, 
12including, without limitation, a letter or memorandum, 
13circular or handbill, newspaper or magazine article or book.
14 "Radio frequency identification device" means any 
15implement, computer file, computer disc, electronic device, 
16computer hardware, computer software, or instrument that is 
17used to activate, read, receive, or decode information stored 
18on a RFID tag or transponder attached to a personal 
19identification document. 
20 "RFID tag or transponder" means a chip or device that 
21contains personal identifying information from which the 
22personal identifying information can be read or decoded by 
23another device emitting a radio frequency that activates or 
24powers a radio frequency emission response from the chip or 
25transponder. 
26 "Reencoder" means an electronic device that places encoded 
 
 
HB0674- 102 -LRB100 07853 SLF 17922 b


1information from the magnetic strip or stripe of a payment card 
2onto the magnetic strip or stripe of a different payment card.
3 "Retail mercantile establishment" means any place where 
4merchandise is displayed, held, stored or offered for sale to 
5the public.
6 "Scanning device" means a scanner, reader, or any other 
7electronic device that is used to access, read, scan, obtain, 
8memorize, or store, temporarily or permanently, information 
9encoded on the magnetic strip or stripe of a payment card.
10 "Shopping cart" means those push carts of the type or types 
11which are commonly provided by grocery stores, drug stores or 
12other retail mercantile establishments for the use of the 
13public in transporting commodities in stores and markets and, 
14incidentally, from the stores to a place outside the store.
15 "Sound or audio visual recording" means any sound or audio 
16visual phonograph record, disc, pre-recorded tape, film, wire, 
17magnetic tape or other object, device or medium, now known or 
18hereafter invented, by which sounds or images may be reproduced 
19with or without the use of any additional machine, equipment or 
20device.
21 "Theft detection device remover" means any tool or device 
22specifically designed and intended to be used to remove any 
23theft detection device from any merchandise.
24 "Under-ring" means to cause the cash register or other 
25sales recording device to reflect less than the full retail 
26value of the merchandise.
 
 
HB0674- 103 -LRB100 07853 SLF 17922 b


1 "Unidentified sound or audio visual recording" means a 
2sound or audio visual recording without the actual name and 
3full and correct street address of the manufacturer, and the 
4name of the actual performers or groups prominently and legibly 
5printed on the outside cover or jacket and on the label of such 
6sound or audio visual recording.
7 "Unlawful access device" means any type of instrument, 
8device, machine, equipment, technology, or software which is 
9primarily possessed, used, designed, assembled, manufactured, 
10sold, distributed or offered, promoted or advertised for the 
11purpose of defeating or circumventing any technology, device or 
12software, or any component or part thereof, used by the 
13provider, owner or licensee of any communication service or of 
14any data, audio or video programs or transmissions to protect 
15any such communication, audio or video services, programs or 
16transmissions from unauthorized access, acquisition, receipt, 
17decryption, disclosure, communication, transmission or 
18re-transmission.
19 "Unlawful communication device" means any electronic 
20serial number, mobile identification number, personal 
21identification number or any communication or wireless device 
22that is capable of acquiring or facilitating the acquisition of 
23a communication service without the express consent or express 
24authorization of the communication service provider, or that 
25has been altered, modified, programmed or reprogrammed, alone 
26or in conjunction with another communication or wireless device 
 
 
HB0674- 104 -LRB100 07853 SLF 17922 b


1or other equipment, to so acquire or facilitate the 
2unauthorized acquisition of a communication service. "Unlawful 
3communication device" also means:
4  (1) any phone altered to obtain service without the 
5 express consent or express authorization of the 
6 communication service provider, tumbler phone, counterfeit 
7 or clone phone, tumbler microchip, counterfeit or clone 
8 microchip, scanning receiver of wireless communication 
9 service or other instrument capable of disguising its 
10 identity or location or of gaining unauthorized access to a 
11 communications or wireless system operated by a 
12 communication service provider; and
13  (2) any communication or wireless device which is 
14 capable of, or has been altered, designed, modified, 
15 programmed or reprogrammed, alone or in conjunction with 
16 another communication or wireless device or devices, so as 
17 to be capable of, facilitating the disruption, 
18 acquisition, receipt, transmission or decryption of a 
19 communication service without the express consent or 
20 express authorization of the communication service 
21 provider, including, but not limited to, any device, 
22 technology, product, service, equipment, computer software 
23 or component or part thereof, primarily distributed, sold, 
24 designed, assembled, manufactured, modified, programmed, 
25 reprogrammed or used for the purpose of providing the 
26 unauthorized receipt of, transmission of, disruption of, 
 
 
HB0674- 105 -LRB100 07853 SLF 17922 b


1 decryption of, access to or acquisition of any 
2 communication service provided by any communication 
3 service provider.
4 "Vehicle" means a motor vehicle, motorcycle, or farm 
5implement that is self-propelled and that uses motor fuel for 
6propulsion.
7 "Wireless device" includes any type of instrument, device, 
8machine, or
equipment that is capable of transmitting or 
9receiving telephonic, electronic
or
radio communications, or 
10any part of such instrument, device, machine, or
equipment, or 
11any computer circuit, computer chip, electronic mechanism, or

12other component that is capable of facilitating the 
13transmission or reception
of telephonic, electronic, or radio 
14communications. 

15(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff. 
161-1-12; 97-1109, eff. 1-1-13.)




17 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)



18 Sec. 17-30. Defaced, altered, or removed manufacturer or 
19owner identification number.  
20 (a) Unlawful sale of household appliances. A person commits 
21unlawful
sale of household
appliances when he or she knowingly, 
22with the intent to defraud or deceive
another, keeps for sale, 
23within any commercial
context, any household appliance with a 
24missing, defaced, obliterated, or
otherwise altered 
25manufacturer's identification number.

 
 
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1 (b) Construction equipment identification defacement. A 
2person commits construction equipment identification 
3defacement when he or she knowingly changes,
alters, removes, 
4mutilates, or
obliterates a permanently affixed serial number, 
5product identification number,
part number, component 
6identification number, owner-applied identification,
or other 
7mark of identification attached to or stamped, inscribed, 
8molded,
or etched into a machine or other equipment, whether 
9stationary or mobile
or self-propelled, or a part of such 
10machine or equipment, used in the construction,
maintenance, or 
11demolition of buildings, structures, bridges, tunnels, sewers,

12utility pipes or lines, ditches or open cuts, roads, highways, 
13dams, airports,
or waterways or in material handling for such 
14projects. 
15 The trier of fact may infer that the defendant has 
16knowingly changed, altered, removed, or obliterated the serial 
17number, product identification number, part number, component 
18identification number, owner-applied identification number, or 
19other mark of identification, if the defendant was in 
20possession of any machine or other equipment or a part of such 
21machine
or equipment used in the construction, maintenance, or 
22demolition of buildings,
structures, bridges, tunnels, sewers, 
23utility pipes or lines, ditches or
open cuts, roads, highways, 
24dams, airports, or waterways or in material handling
for such 
25projects upon which any such serial number, product 
26identification
number, part number, component identification 
 
 
HB0674- 107 -LRB100 07853 SLF 17922 b


1number, owner-applied identification
number, or other mark of 
2identification has been changed, altered,
removed, or 
3obliterated. 
4 (c) Defacement of manufacturer's serial number or 
5identification mark. A person commits defacement of a 
6manufacturer's serial number or identification mark when he or 
7she knowingly removes, alters, defaces, covers, or destroys the

8manufacturer's serial number or any other manufacturer's 
9number or
distinguishing identification mark upon any machine 
10or other article of
merchandise, other than a motor vehicle as 
11defined in Section 1-146 of the
Illinois Vehicle Code or a 
12firearm as defined in the Firearm Owners Identification Card 
13Act, with the intent of concealing or destroying the
identity 
14of such machine or other article of merchandise. 
15 (d) Sentence.
16  (1) A violation of subsection (a) of this Section is a 
17 Class 4 felony if the value
of the appliance or appliances 
18 exceeds $1,000 and a Class B misdemeanor if
the value of 
19 the appliance or appliances is $1,000 or less.

20  (2) A violation of subsection (b) of this Section is a 
21 Class A misdemeanor.
22  (3) A violation of subsection (c) of this Section is a 
23 Class B misdemeanor. 
24 (e) No liability shall be imposed upon any person for the 
25unintentional
failure to comply with subsection (a).

26 (f) Definitions. In this Section:
 
 
HB0674- 108 -LRB100 07853 SLF 17922 b


1 "Commercial context" means a continuing business 
2enterprise conducted
for profit by any person whose primary 
3business is the wholesale or retail
marketing of household 
4appliances, or a significant portion of whose business
or 
5inventory consists of household appliances
kept or sold on a 
6wholesale or retail basis.
7 "Household appliance" means any gas or electric device or 
8machine
marketed for use as home entertainment or for 
9facilitating or expediting
household tasks or chores. The term 
10shall include but not necessarily be
limited to refrigerators, 
11freezers, ranges, radios, television sets, vacuum
cleaners, 
12toasters, dishwashers, and other similar household items.
13 "Manufacturer's identification number" means any serial 
14number or
other similar numerical or alphabetical designation 
15imprinted upon or attached
to or placed, stamped, or otherwise 
16imprinted upon or attached to a household
appliance or item by 
17the manufacturer for purposes of identifying a particular

18appliance or item individually or by lot number. 
19(Source: P.A. 96-1551, eff. 7-1-11.)





20 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)


21 Sec. 24-1. Unlawful use of weapons. 

22 (a) A person commits the offense of unlawful use of weapons 
23when
he knowingly:

24  (1) Sells, manufactures, purchases, possesses or 
25 carries any bludgeon,
black-jack, slung-shot, sand-club, 
 
 
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1 sand-bag, metal knuckles or other knuckle weapon 
2 regardless of its composition, throwing star,
or any knife, 
3 commonly referred to as a switchblade knife, which has a

4 blade that opens automatically by hand pressure applied to 
5 a button,
spring or other device in the handle of the 
6 knife, or a ballistic knife,
which is a device that propels 
7 a knifelike blade as a projectile by means
of a coil 
8 spring, elastic material or compressed gas; or

9  (2) Carries or possesses with intent to use the same 
10 unlawfully
against another, a dagger, dirk, billy, 
11 dangerous knife, razor,
stiletto, broken bottle or other 
12 piece of glass, stun gun or taser or
any other dangerous or 
13 deadly weapon or instrument of like character; or

14  (3) Carries on or about his person or in any vehicle, a 
15 tear gas gun
projector or bomb or any object containing 
16 noxious liquid gas or
substance, other than an object 
17 containing a non-lethal noxious liquid gas
or substance 
18 designed solely for personal defense carried by a person 18

19 years of age or older; or

20  (4) Carries or possesses in any vehicle or concealed on 
21 or about his
person except when on his land or in his own 
22 abode, legal dwelling, or fixed place of
business, or on 
23 the land or in the legal dwelling of another person as an 
24 invitee with that person's permission, any pistol, 
25 revolver, stun gun or taser or other firearm, except
that

26 this subsection (a) (4) does not apply to or affect 
 
 
HB0674- 110 -LRB100 07853 SLF 17922 b


1 transportation of weapons
that meet one of the following 
2 conditions:

3   (i) are broken down in a non-functioning state; or

4   (ii) are not immediately accessible; or

5   (iii) are unloaded and enclosed in a case, firearm 
6 carrying box,
shipping box, or other container by a 
7 person eligible under State and federal law to possess 
8 a firearm who has been issued a currently
valid Firearm 
9 Owner's
Identification Card; or
10   (iv) are carried or possessed in accordance with 
11 the Firearm Concealed Carry Act by a person who has 
12 been issued a currently valid license under the Firearm 
13 Concealed Carry Act; or 

14  (5) Sets a spring gun; or

15  (6) Possesses any device or attachment of any kind 
16 designed, used or
intended for use in silencing the report 
17 of any firearm; or

18  (7) Sells, manufactures, purchases, possesses or 
19 carries:

20   (i) a machine gun, which shall be defined for the 
21 purposes of this
subsection as any weapon,
which 
22 shoots, is designed to shoot, or can be readily 
23 restored to shoot,
automatically more than one shot 
24 without manually reloading by a single
function of the 
25 trigger, including the frame or receiver
of any such 
26 weapon, or sells, manufactures, purchases, possesses, 
 
 
HB0674- 111 -LRB100 07853 SLF 17922 b


1 or
carries any combination of parts designed or 
2 intended for
use in converting any weapon into a 
3 machine gun, or any combination or
parts from which a 
4 machine gun can be assembled if such parts are in the

5 possession or under the control of a person;

6   (ii) any rifle having one or
more barrels less than 
7 16 inches in length or a shotgun having one or more

8 barrels less than 18 inches in length or any weapon 
9 made from a rifle or
shotgun, whether by alteration, 
10 modification, or otherwise, if such a weapon
as 
11 modified has an overall length of less than 26 inches; 
12 or

13   (iii) any
bomb, bomb-shell, grenade, bottle or 
14 other container containing an
explosive substance of 
15 over one-quarter ounce for like purposes, such
as, but 
16 not limited to, black powder bombs and Molotov 
17 cocktails or
artillery projectiles; or

18  (8) Carries or possesses any firearm, stun gun or taser 
19 or other
deadly weapon in any place which is licensed to 
20 sell intoxicating
beverages, or at any public gathering 
21 held pursuant to a license issued
by any governmental body 
22 or any public gathering at which an admission
is charged, 
23 excluding a place where a showing, demonstration or lecture

24 involving the exhibition of unloaded firearms is 
25 conducted.

26  This subsection (a)(8) does not apply to any auction or 
 
 
HB0674- 112 -LRB100 07853 SLF 17922 b


1 raffle of a firearm
held pursuant to
a license or permit 
2 issued by a governmental body, nor does it apply to persons

3 engaged
in firearm safety training courses; or

4  (9) Carries or possesses in a vehicle or on or about 
5 his person any
pistol, revolver, stun gun or taser or 
6 firearm or ballistic knife, when
he is hooded, robed or 
7 masked in such manner as to conceal his identity; or

8  (10) Carries or possesses on or about his person, upon 
9 any public street,
alley, or other public lands within the 
10 corporate limits of a city, village
or incorporated town, 
11 except when an invitee thereon or therein, for the
purpose 
12 of the display of such weapon or the lawful commerce in 
13 weapons, or
except when on his land or in his own abode, 
14 legal dwelling, or fixed place of business, or on the land 
15 or in the legal dwelling of another person as an invitee 
16 with that person's permission, any
pistol, revolver, stun 
17 gun or taser or other firearm, except that this
subsection 
18 (a) (10) does not apply to or affect transportation of 
19 weapons that
meet one of the following conditions:

20   (i) are broken down in a non-functioning state; or

21   (ii) are not immediately accessible; or

22   (iii) are unloaded and enclosed in a case, firearm 
23 carrying box,
shipping box, or other container by a 
24 person eligible under State and federal law to possess 
25 a firearm who has been issued a currently
valid Firearm 
26 Owner's
Identification Card; or

 
 
HB0674- 113 -LRB100 07853 SLF 17922 b


1   (iv) are carried or possessed in accordance with 
2 the Firearm Concealed Carry Act by a person who has 
3 been issued a currently valid license under the Firearm 
4 Concealed Carry Act. 
5  A "stun gun or taser", as used in this paragraph (a) 
6 means (i) any device
which is powered by electrical 
7 charging units, such as, batteries, and
which fires one or 
8 several barbs attached to a length of wire and
which, upon 
9 hitting a human, can send out a current capable of 
10 disrupting
the person's nervous system in such a manner as 
11 to render him incapable of
normal functioning or (ii) any 
12 device which is powered by electrical
charging units, such 
13 as batteries, and which, upon contact with a human or

14 clothing worn by a human, can send out current capable of 
15 disrupting
the person's nervous system in such a manner as 
16 to render him incapable
of normal functioning; or

17  (11) Sells, manufactures or purchases any explosive 
18 bullet. For purposes
of this paragraph (a) "explosive 
19 bullet" means the projectile portion of
an ammunition 
20 cartridge which contains or carries an explosive charge 
21 which
will explode upon contact with the flesh of a human 
22 or an animal.
"Cartridge" means a tubular metal case having 
23 a projectile affixed at the
front thereof and a cap or 
24 primer at the rear end thereof, with the
propellant 
25 contained in such tube between the projectile and the cap; 
26 or

 
 
HB0674- 114 -LRB100 07853 SLF 17922 b


1  (12) (Blank); or

2  (13) Carries or possesses on or about his or her person 
3 while in a building occupied by a unit of government, a 
4 billy club, other weapon of like character, or other 
5 instrument of like character intended for use as a weapon. 
6 For the purposes of this Section, "billy club" means a 
7 short stick or club commonly carried by police officers 
8 which is either telescopic or constructed of a solid piece 
9 of wood or other man-made material. 
10 (b) Sentence. A person convicted of a violation of 
11subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),

12subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a 
13Class A
misdemeanor.
A person convicted of a violation of 
14subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a 
15person
convicted of a violation of subsection 24-1(a)(6) or 
1624-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person 
17convicted of a violation of subsection
24-1(a)(7)(i) commits a 
18Class 2 felony and shall be sentenced to a term of imprisonment 
19of not less than 3 years and not more than 7 years, unless the 
20weapon is possessed in the
passenger compartment of a motor 
21vehicle as defined in Section 1-146 of the
Illinois Vehicle 
22Code, or on the person, while the weapon is loaded, in which

23case it shall be a Class X felony. A person convicted of a

24second or subsequent violation of subsection 24-1(a)(4), 
2524-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 
26felony. The possession of each weapon in violation of this 
 
 
HB0674- 115 -LRB100 07853 SLF 17922 b


1Section constitutes a single and separate violation.

2 (c) Violations in specific places.

3  (1) A person who violates subsection 24-1(a)(6) or 
4 24-1(a)(7) in any
school, regardless of the time of day or 
5 the time of year, in residential
property owned, operated 
6 or managed by a public housing agency or
leased by
a public 
7 housing agency as part of a scattered site or mixed-income

8 development, in a
public park, in a courthouse, on the real 
9 property comprising any school,
regardless of the
time of 
10 day or the time of year, on residential property owned, 
11 operated
or
managed by a public housing agency
or leased by 
12 a public housing agency as part of a scattered site or

13 mixed-income development,
on the real property comprising 
14 any
public park, on the real property comprising any 
15 courthouse, in any conveyance
owned, leased or contracted 
16 by a school to
transport students to or from school or a 
17 school related activity, in any conveyance
owned, leased, 
18 or contracted by a public transportation agency, or on any

19 public way within 1,000 feet of the real property 
20 comprising any school,
public park, courthouse, public 
21 transportation facility, or residential property owned, 
22 operated, or managed
by a public housing agency
or leased 
23 by a public housing agency as part of a scattered site or

24 mixed-income development
commits a Class 2 felony and shall 
25 be sentenced to a term of imprisonment of not less than 3 
26 years and not more than 7 years.

 
 
HB0674- 116 -LRB100 07853 SLF 17922 b


1  (1.5) A person who violates subsection 24-1(a)(4), 
2 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the 
3 time of day or the time of year,
in residential property 
4 owned, operated, or managed by a public
housing
agency
or 
5 leased by a public housing agency as part of a scattered 
6 site or
mixed-income development,
in
a public
park, in a 
7 courthouse, on the real property comprising any school, 
8 regardless
of the time of day or the time of year, on 
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,
on 
12 the real property
comprising any public park, on the real 
13 property comprising any courthouse, in
any conveyance 
14 owned, leased, or contracted by a school to transport 
15 students
to or from school or a school related activity, in 
16 any conveyance
owned, leased, or contracted by a public 
17 transportation agency, or on any public way within
1,000 
18 feet of the real property comprising any school, public 
19 park, courthouse,
public transportation facility, or 
20 residential property owned, operated, or managed by a 
21 public
housing agency
or leased by a public housing agency 
22 as part of a scattered site or
mixed-income development

23 commits a Class 3 felony.

24  (2) A person who violates subsection 24-1(a)(1), 
25 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the 
26 time of day or the time of year, in
residential property 
 
 
HB0674- 117 -LRB100 07853 SLF 17922 b


1 owned, operated or managed by a public housing
agency
or 
2 leased by a public housing agency as part of a scattered 
3 site or
mixed-income development,
in
a public park, in a 
4 courthouse, on the real property comprising any school,

5 regardless of the time of day or the time of year, on 
6 residential property
owned, operated or managed by a public 
7 housing agency
or leased by a public housing agency as part 
8 of a scattered site or
mixed-income development,
on the 
9 real property
comprising any public park, on the real 
10 property comprising any courthouse, in
any conveyance 
11 owned, leased or contracted by a school to transport 
12 students
to or from school or a school related activity, in 
13 any conveyance
owned, leased, or contracted by a public 
14 transportation agency, or on any public way within
1,000 
15 feet of the real property comprising any school, public 
16 park, courthouse,
public transportation facility, or 
17 residential property owned, operated, or managed by a 
18 public
housing agency or leased by a public housing agency 
19 as part of a scattered
site or mixed-income development 
20 commits a Class 4 felony. "Courthouse"
means any building 
21 that is used by the Circuit, Appellate, or Supreme Court of

22 this State for the conduct of official business.

23  (3) Paragraphs (1), (1.5), and (2) of this subsection 
24 (c) shall not
apply to law
enforcement officers or security 
25 officers of such school, college, or
university or to 
26 students carrying or possessing firearms for use in 
 
 
HB0674- 118 -LRB100 07853 SLF 17922 b


1 training
courses, parades, hunting, target shooting on 
2 school ranges, or otherwise with
the consent of school 
3 authorities and which firearms are transported unloaded

4 enclosed in a suitable case, box, or transportation 
5 package.

6  (4) For the purposes of this subsection (c), "school" 
7 means any public or
private elementary or secondary school, 
8 community college, college, or
university.

9  (5) For the purposes of this subsection (c), "public 
10 transportation agency" means a public or private agency 
11 that provides for the transportation or conveyance of

12 persons by means available to the general public, except 
13 for transportation
by automobiles not used for conveyance 
14 of the general public as passengers; and "public 
15 transportation facility" means a terminal or other place

16 where one may obtain public transportation.

17 (d) The presence in an automobile other than a public 
18omnibus of any
weapon, instrument or substance referred to in 
19subsection (a)(7) is
prima facie evidence that it is in the 
20possession of, and is being
carried by, all persons occupying 
21such automobile at the time such
weapon, instrument or 
22substance is found, except under the following
circumstances: 
23(i) if such weapon, instrument or instrumentality is
found upon 
24the person of one of the occupants therein; or (ii) if such

25weapon, instrument or substance is found in an automobile 
26operated for
hire by a duly licensed driver in the due, lawful 
 
 
HB0674- 119 -LRB100 07853 SLF 17922 b


1and proper pursuit of
his trade, then such presumption shall 
2not apply to the driver.

3 (e) Exemptions. Crossbows, Common or Compound bows and 
4Underwater
Spearguns are exempted from the definition of 
5ballistic knife as defined in
paragraph (1) of subsection (a) 
6of this Section.

7(Source: P.A. 99-29, eff. 7-10-15.)





8 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)


9 Sec. 24-1.1. Unlawful Use or Possession of Weapons by 
10Felons or
Persons in the Custody of the
Department of 
11Corrections Facilities.
12 (a) It is unlawful
for a person to knowingly possess on or 
13about his person or on his land or
in his own abode or fixed 
14place of business any weapon prohibited under
Section 24-1 of 
15this Act or any firearm or any firearm ammunition if the
person 
16has been convicted of a felony under the laws of this State or 
17any
other jurisdiction. This Section shall not apply if the 
18person has been
granted relief under this subsection by the 
19Director of the Department of State Police
under Section 10 of 
20the Firearm Owners Identification
Card Act. A person prohibited 
21from possessing a firearm under this subsection (a) may 
22petition the Director of State Police for a hearing and relief 
23from the prohibition, unless the prohibition was based upon a 
24forcible felony, stalking, aggravated stalking, domestic 
25battery, any violation of the Illinois Controlled Substances 
 
 
HB0674- 120 -LRB100 07853 SLF 17922 b


1Act, the Methamphetamine Control and Community Protection Act, 
2or the Cannabis Control Act that is classified as a Class 2 or 
3greater felony, any felony violation of Article 24 of the 
4Criminal Code of 1961 or the Criminal Code of 2012, or any 
5adjudication as a delinquent minor for the commission of an 
6offense that if committed by an adult would be a felony, in 
7which case the person may petition the circuit court in writing 
8in the county of his or her residence for a hearing and relief 
9from the prohibition. The Director or court may grant the 
10relief if it is established by the petitioner to the court's or 
11Director's satisfaction that:
12  (1) when in the circuit court, the State's Attorney has 
13 been served with a written copy of the petition at least 30 
14 days before any hearing in the circuit court and at the 
15 hearing the State's Attorney was afforded an opportunity to 
16 present evidence and object to the petition;
17  (2) the petitioner has not been convicted of a
forcible 
18 felony under the laws of this State or any other 
19 jurisdiction within 20 years of the filing of the petition, 
20 or at least 20 years have passed since the end of any 
21 period of imprisonment imposed in relation to that 
22 conviction;
23  (3) the circumstances regarding a criminal
conviction, 
24 where applicable, the petitioner's criminal history and 
25 his or her reputation are such that the petitioner will not 
26 be likely to act in a manner dangerous to public safety;
 
 
HB0674- 121 -LRB100 07853 SLF 17922 b


1  (4) granting relief would not be contrary to the
public 
2 interest; and
3  (5) granting relief would not be contrary to federal

4 law. 

5 (b) It is unlawful for any person confined in a penal 
6institution,
which is a facility of the Illinois Department of 
7Corrections, to possess
any weapon prohibited under Section 
824-1 of this Code or any firearm or
firearm ammunition, 
9regardless of the intent with which he possesses it.

10 (c) It shall be an affirmative defense to a violation of 
11subsection (b), that such possession was specifically 
12authorized by rule,
regulation, or directive of the Illinois 
13Department of Corrections or order
issued pursuant thereto.

14 (d) The defense of necessity is not available to a person 
15who is charged
with a violation of subsection (b) of this 
16Section.

17 (e) Sentence. Violation of this Section by a person not 
18confined
in a penal institution shall be a Class 3 felony
for 
19which the person shall be sentenced to no less than 2 years and 
20no
more than 10 years and any second or subsequent violation 
21shall be a Class 2 felony for which the person shall be 
22sentenced to a term of imprisonment of not less than 3 years 
23and not more than 14 years. Violation of this Section by a 
24person not confined in a
penal institution who has been 
25convicted of a forcible felony, a felony
violation of Article 
2624 of this Code or of the Firearm Owners Identification
Card 
 
 
HB0674- 122 -LRB100 07853 SLF 17922 b


1Act, stalking or aggravated stalking, or a Class 2 or greater 
2felony
under the Illinois Controlled Substances Act, the 
3Cannabis Control Act, or the Methamphetamine Control and 
4Community Protection Act is a
Class 2 felony for which the 
5person
shall be sentenced to not less than 3 years and not more 
6than 14 years.
Violation of this Section by a person who is on 
7parole or mandatory supervised
release is a Class 2 felony for 
8which the person shall be sentenced to not less than 3 years 
9and not more than 14
years. Violation of this Section by a 
10person not confined in a penal
institution is a Class X felony 
11when the firearm possessed is a machine gun.
Any person who 
12violates this Section while confined in a penal
institution, 
13which is a facility of the Illinois Department of
Corrections, 
14is guilty of a Class 1
felony, if he possesses any weapon 
15prohibited under Section 24-1 of this
Code regardless of the 
16intent with which he possesses it, a Class X
felony if he 
17possesses any firearm, firearm ammunition or explosive, and a

18Class X felony for which the offender shall be sentenced to not 
19less than 12
years and not more than 50 years when the firearm 
20possessed is a machine
gun. A violation of this Section while 
21wearing or in possession of body armor as defined in Section 
2233F-1 is a Class X felony punishable by a term of imprisonment 
23of not less than 10 years and not more than 40 years.
The 
24possession of each firearm or firearm ammunition in violation 
25of this Section constitutes a single and separate violation.

26(Source: P.A. 97-237, eff. 1-1-12.)


 
 
HB0674- 123 -LRB100 07853 SLF 17922 b


1 (720 ILCS 5/24-1.6)
2 Sec. 24-1.6. Aggravated unlawful use of a weapon. 
3 (a) A person commits the offense of aggravated unlawful use 
4of a weapon when
he or she knowingly:
5  (1) Carries on or about his or her person or in any 
6 vehicle or concealed
on or about his or her person except 
7 when on his or her land or in his or her
abode, legal 
8 dwelling, or fixed place of business, or on the land or in 
9 the legal dwelling of another person as an invitee with 
10 that person's permission, any pistol, revolver, stun gun or 
11 taser or
other firearm; or
12  (2) Carries or possesses on or about his or her person, 
13 upon any public
street, alley, or other public lands within 
14 the corporate limits of a city,
village or incorporated 
15 town, except when an invitee thereon or therein, for
the 
16 purpose of the display of such weapon or the lawful 
17 commerce in weapons, or
except when on his or her own land 
18 or in his or her own abode, legal dwelling, or fixed place 
19 of
business, or on the land or in the legal dwelling of 
20 another person as an invitee with that person's permission, 
21 any pistol, revolver, stun gun or taser or other firearm; 
22 and
23  (3) One of the following factors is present:
24   (A) the firearm, other than a pistol, revolver, or 
25 handgun, possessed was uncased, loaded, and 
 
 
HB0674- 124 -LRB100 07853 SLF 17922 b


1 immediately accessible
at the time of the offense; or
2   (A-5) the pistol, revolver, or handgun possessed 
3 was uncased, loaded, and immediately accessible
at the 
4 time of the offense and the person possessing the 
5 pistol, revolver, or handgun has not been issued a 
6 currently valid license under the Firearm Concealed 
7 Carry Act; or 
8   (B) the firearm, other than a pistol, revolver, or 
9 handgun, possessed was uncased, unloaded, and the 
10 ammunition for
the weapon was immediately accessible 
11 at the time of the offense; or
12   (B-5) the pistol, revolver, or handgun possessed 
13 was uncased, unloaded, and the ammunition for
the 
14 weapon was immediately accessible at the time of the 
15 offense and the person possessing the pistol, 
16 revolver, or handgun has not been issued a currently 
17 valid license under the Firearm Concealed Carry Act; or 
18   (C) (blank); or the person possessing the firearm 
19 has not been issued a currently
valid Firearm Owner's 
20 Identification Card; or
21   (D) the person possessing the weapon was 
22 previously adjudicated
a delinquent minor under the 
23 Juvenile Court Act of 1987 for an act that if
committed 
24 by an adult would be a felony; or
25   (E) the person possessing the weapon was engaged in 
26 a misdemeanor
violation of the Cannabis
Control Act, in 
 
 
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1 a misdemeanor violation of the Illinois Controlled 
2 Substances
Act, or in a misdemeanor violation of the 
3 Methamphetamine Control and Community Protection Act; 
4 or
5   (F) (blank); or
6   (G) the person possessing the weapon had an a order 
7 of protection issued
against him or her within the 
8 previous 2 years; or
9   (H) the person possessing the weapon was engaged in 
10 the commission or
attempted commission of
a 
11 misdemeanor involving the use or threat of violence 
12 against
the person or property of another; or
13   (I) the person possessing the weapon was under 21 
14 years of age and in
possession of a handgun, unless the 
15 person under 21
is engaged in lawful activities under 
16 the Wildlife Code or described in
subsection 
17 24-2(b)(1), (b)(3), or 24-2(f).
18 (a-5) "Handgun" as used in this Section has the meaning 
19given to it in Section 5 of the Firearm Concealed Carry Act. 
20 (b) "Stun gun or taser" as used in this Section has the 
21same definition
given to it in Section 24-1 of this Code.
22 (c) This Section does not apply to or affect the 
23transportation or
possession
of weapons that:
24  (i) are broken down in a non-functioning state; or
25  (ii) are not immediately accessible; or
26  (iii) are unloaded and enclosed in a case, firearm 
 
 
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1 carrying box,
shipping box, or other container by a person 
2 who is eligible under State and federal law to possess a 
3 firearm has been issued a currently
valid Firearm Owner's

4 Identification Card.
5 (d) Sentence.
6   (1) Aggravated unlawful use of a weapon is a Class 4 
7 felony;
a second or subsequent offense is a Class 2 felony 
8 for which the person shall be sentenced to a term of 
9 imprisonment of not less than 3 years and not more than 7 
10 years. 
11  (2) (Blank). Except as otherwise provided in 
12 paragraphs (3) and (4) of this subsection (d), a first 
13 offense of aggravated unlawful use of a weapon committed 
14 with a firearm by a person 18 years of age or older where 
15 the factors listed in both items (A) and (C) or both items 
16 (A-5) and (C) of paragraph (3) of subsection (a) are 
17 present is a Class 4 felony, for which the person shall be 
18 sentenced to a term of imprisonment of not less than one 
19 year and not more than 3 years.
20  (3) Aggravated unlawful use of
a weapon by a person who 
21 has been previously
convicted of a felony in this State or 
22 another jurisdiction is a Class 2
felony for which the 
23 person shall be sentenced to a term of imprisonment of not 
24 less than 3 years and not more than 7 years. 
25  (4) Aggravated unlawful use of a weapon while wearing 
26 or in possession of body armor as defined in Section 33F-1 
 
 
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1 by a person who is prohibited under State or federal law 
2 from possessing a firearm has not been issued a valid 
3 Firearms Owner's Identification Card in accordance with 
4 Section 5 of the Firearm Owners Identification Card Act is 
5 a Class X felony.

6 (e) The possession of each firearm in violation of this 
7Section constitutes a single and separate violation.
8(Source: P.A. 98-63, eff. 7-9-13; revised 10-6-16.)

9 (720 ILCS 5/24-1.8)
10 Sec. 24-1.8. Unlawful possession of a firearm by a street 
11gang member.
12 (a) A person
commits unlawful possession of a firearm by a 
13street gang member when he or she knowingly:
14  (1) possesses, carries, or conceals on or about his or 
15 her person a firearm and firearm ammunition while on any 
16 street, road, alley, gangway, sidewalk, or any other lands, 
17 except when inside his or her own abode or inside his or 
18 her fixed place of business, and has not been issued a 
19 currently valid Firearm Owner's Identification Card and is 
20 a member of a street gang; or
21  (2) possesses or carries in any vehicle a firearm and 
22 firearm ammunition which are both immediately accessible 
23 at the time of the offense while on any street, road, 
24 alley, or any other lands, except when inside his or her 
25 own abode or garage, and has not been issued a currently 
 
 
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1 valid Firearm Owner's Identification Card and is a member 
2 of a street gang.
3 (b) Unlawful possession of a firearm by a street gang 
4member is a Class 2 felony for which the person, if sentenced 
5to a term of imprisonment, shall be sentenced to no less than 3 
6years and no more than 10 years. A period of probation, a term 
7of periodic imprisonment or conditional discharge shall not be 
8imposed for the offense of unlawful possession of a firearm by 
9a street gang member when the firearm was loaded or contained 
10firearm ammunition and the court shall sentence the offender to 
11not less than the minimum term of imprisonment authorized for 
12the Class 2 felony.
13 (c) For purposes of this Section:
14  "Street gang" or "gang" has the meaning ascribed to it 
15 in Section 10 of the Illinois Streetgang Terrorism Omnibus 
16 Prevention Act.
17  "Street gang member" or "gang member" has the meaning 
18 ascribed to it in Section 10 of the Illinois Streetgang 
19 Terrorism Omnibus Prevention Act.

20(Source: P.A. 96-829, eff. 12-3-09.)


21 (720 ILCS 5/24-2)



22 Sec. 24-2. Exemptions. 

23 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
2424-1(a)(13) and Section
24-1.6 do not apply to
or affect any of 
25the following:

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

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

5 penitentiaries, jails and other institutions for the 
6 detention of persons
accused or convicted of an offense, 
7 while in the performance of their
official duty, or while 
8 commuting between their homes and places of employment.

9  (3) Members of the Armed Services or Reserve Forces of 
10 the United States
or the Illinois National Guard or the 
11 Reserve Officers Training Corps,
while in the performance 
12 of their official duty.

13  (4) Special agents employed by a railroad or a public 
14 utility to
perform police functions, and guards of armored 
15 car companies, while
actually engaged in the performance of 
16 the duties of their employment or
commuting between their 
17 homes and places of employment; and watchmen
while actually 
18 engaged in the performance of the duties of their 
19 employment.

20  (5) Persons licensed as private security contractors, 
21 private
detectives, or private alarm contractors, or 
22 employed by a private security contractor, private 
23 detective, or private alarm contractor agency licensed
by 
24 the Department of Financial and Professional Regulation, 
25 if their duties
include the carrying of a weapon under the 
26 provisions of the Private
Detective, Private Alarm,

 
 
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1 Private Security, Fingerprint Vendor, and Locksmith Act of 
2 2004,
while actually
engaged in the performance of the 
3 duties of their employment or commuting
between their homes 
4 and places of employment. A person shall be considered 
5 eligible for this
exemption if he or she has completed the 
6 required 20
hours of training for a private security 
7 contractor, private
detective, or private alarm 
8 contractor, or employee of a licensed private security 
9 contractor, private detective, or private alarm contractor 
10 agency and 20 hours of required firearm
training, and has 
11 been issued a firearm control card by
the Department of 
12 Financial and Professional Regulation. Conditions for the 
13 renewal of
firearm control cards issued under the 
14 provisions of this Section
shall be the same as for those 
15 cards issued under the provisions of the
Private Detective, 
16 Private Alarm,
Private Security, Fingerprint Vendor, and 
17 Locksmith Act of 2004. The
firearm control card shall be 
18 carried by the private security contractor, private

19 detective, or private alarm contractor, or employee of the 
20 licensed private security contractor, private detective, 
21 or private alarm contractor agency at all
times when he or 
22 she is in possession of a concealable weapon permitted by 
23 his or her firearm control card.

24  (6) Any person regularly employed in a commercial or 
25 industrial
operation as a security guard for the protection 
26 of persons employed
and private property related to such 
 
 
HB0674- 131 -LRB100 07853 SLF 17922 b


1 commercial or industrial
operation, while actually engaged 
2 in the performance of his or her
duty or traveling between 
3 sites or properties belonging to the
employer, and who, as 
4 a security guard, is a member of a security force 
5 registered with the Department of Financial and 
6 Professional
Regulation; provided that such security guard 
7 has successfully completed a
course of study, approved by 
8 and supervised by the Department of
Financial and 
9 Professional Regulation, consisting of not less than 40 
10 hours of training
that includes the theory of law 
11 enforcement, liability for acts, and the
handling of 
12 weapons. A person shall be considered eligible for this

13 exemption if he or she has completed the required 20
hours 
14 of training for a security officer and 20 hours of required 
15 firearm
training, and has been issued a firearm control 
16 card by
the Department of Financial and Professional 
17 Regulation. Conditions for the renewal of
firearm control 
18 cards issued under the provisions of this Section
shall be 
19 the same as for those cards issued under the provisions of 
20 the
Private Detective, Private Alarm,
Private Security, 
21 Fingerprint Vendor, and Locksmith Act of 2004. The
firearm 
22 control card shall be carried by the security guard at all

23 times when he or she is in possession of a concealable 
24 weapon permitted by his or her firearm control card.

25  (7) Agents and investigators of the Illinois 
26 Legislative Investigating
Commission authorized by the 
 
 
HB0674- 132 -LRB100 07853 SLF 17922 b


1 Commission to carry the weapons specified in
subsections 
2 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

3 any investigation for the Commission.

4  (8) Persons employed by a financial institution as a 
5 security guard for the protection of
other employees and 
6 property related to such financial institution, while

7 actually engaged in the performance of their duties, 
8 commuting between
their homes and places of employment, or 
9 traveling between sites or
properties owned or operated by 
10 such financial institution, and who, as a security guard, 
11 is a member of a security force registered with the 
12 Department; provided that
any person so employed has 
13 successfully completed a course of study,
approved by and 
14 supervised by the Department of Financial and Professional 
15 Regulation,
consisting of not less than 40 hours of 
16 training which includes theory of
law enforcement, 
17 liability for acts, and the handling of weapons.
A person 
18 shall be considered to be eligible for this exemption if he 
19 or
she has completed the required 20 hours of training for 
20 a security officer
and 20 hours of required firearm 
21 training, and has been issued a
firearm control card by the 
22 Department of Financial and Professional Regulation.

23 Conditions for renewal of firearm control cards issued 
24 under the
provisions of this Section shall be the same as 
25 for those issued under the
provisions of the Private 
26 Detective, Private Alarm,
Private Security, Fingerprint 
 
 
HB0674- 133 -LRB100 07853 SLF 17922 b


1 Vendor, and Locksmith Act of 2004. The
firearm control card 
2 shall be carried by the security guard at all times when he 
3 or she is in possession of a concealable
weapon permitted 
4 by his or her firearm control card. For purposes of this 
5 subsection, "financial institution" means a
bank, savings 
6 and loan association, credit union or company providing

7 armored car services.

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

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

13  (11) Investigators of the Office of the State's 
14 Attorneys Appellate
Prosecutor authorized by the board of 
15 governors of the Office of the
State's Attorneys Appellate 
16 Prosecutor to carry weapons pursuant to
Section 7.06 of the 
17 State's Attorneys Appellate Prosecutor's Act.

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

20  (12.5) Probation officers while in the performance of 
21 their duties, or
while commuting between their homes, 
22 places of employment or specific locations
that are part of 
23 their assigned duties, with the consent of the chief judge 
24 of
the circuit for which they are employed, if they have 
25 received weapons training according
to requirements of the 
26 Peace Officer and Probation Officer Firearm Training Act.

 
 
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1  (13) Court Security Officers while in the performance 
2 of their official
duties, or while commuting between their 
3 homes and places of employment, with
the
consent of the 
4 Sheriff.

5  (13.5) A person employed as an armed security guard at 
6 a nuclear energy,
storage, weapons or development site or 
7 facility regulated by the Nuclear
Regulatory Commission 
8 who has completed the background screening and training

9 mandated by the rules and regulations of the Nuclear 
10 Regulatory Commission.

11  (14) Manufacture, transportation, or sale of weapons 
12 to
persons
authorized under subdivisions (1) through 
13 (13.5) of this
subsection
to
possess those weapons.

14 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
15to
or affect any person carrying a concealed pistol, revolver, 
16or handgun and the person has been issued a currently valid 
17license under the Firearm Concealed Carry Act at the time of 
18the commission of the offense. 
19 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
2024-1.6 do not
apply to or affect
any of the following:

21  (1) Members of any club or organization organized for 
22 the purpose of
practicing shooting at targets upon 
23 established target ranges, whether
public or private, and 
24 patrons of such ranges, while such members
or patrons are 
25 using their firearms on those target ranges.

26  (2) Duly authorized military or civil organizations 
 
 
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1 while parading,
with the special permission of the 
2 Governor.

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

4 permit while engaged in hunting,
trapping or fishing.

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

6 non-functioning state or are not immediately accessible.

7  (5) Carrying or possessing any pistol, revolver, stun 
8 gun or taser or other firearm on the land or in the legal 
9 dwelling of another person as an invitee with that person's 
10 permission. 
11 (c) Subsection 24-1(a)(7) does not apply to or affect any 
12of the
following:

13  (1) Peace officers while in performance of their 
14 official duties.

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

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

26  (5) Persons licensed under federal law to manufacture 
 
 
HB0674- 136 -LRB100 07853 SLF 17922 b


1 any weapon from
which 8 or more shots or bullets can be 
2 discharged by a
single function of the firing device, or 
3 ammunition for such weapons, and
actually engaged in the 
4 business of manufacturing such weapons or
ammunition, but 
5 only with respect to activities which are within the lawful

6 scope of such business, such as the manufacture, 
7 transportation, or testing
of such weapons or ammunition. 
8 This exemption does not authorize the
general private 
9 possession of any weapon from which 8 or more
shots or 
10 bullets can be discharged by a single function of the 
11 firing
device, but only such possession and activities as 
12 are within the lawful
scope of a licensed manufacturing 
13 business described in this paragraph.

14  During transportation, such weapons shall be broken 
15 down in a
non-functioning state or not immediately 
16 accessible.

17  (6) The manufacture, transport, testing, delivery, 
18 transfer or sale,
and all lawful commercial or experimental 
19 activities necessary thereto, of
rifles, shotguns, and 
20 weapons made from rifles or shotguns,
or ammunition for 
21 such rifles, shotguns or weapons, where engaged in
by a 
22 person operating as a contractor or subcontractor pursuant 
23 to a
contract or subcontract for the development and supply 
24 of such rifles,
shotguns, weapons or ammunition to the 
25 United States government or any
branch of the Armed Forces 
26 of the United States, when such activities are
necessary 
 
 
HB0674- 137 -LRB100 07853 SLF 17922 b


1 and incident to fulfilling the terms of such contract.

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

3 shall also apply to any authorized agent of any such 
4 contractor or
subcontractor who is operating within the 
5 scope of his employment, where
such activities involving 
6 such weapon, weapons or ammunition are necessary
and 
7 incident to fulfilling the terms of such contract.

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

22 (e) Subsection 24-1(a)(8) does not apply to any owner, 
23manager or
authorized employee of any place specified in that 
24subsection nor to any
law enforcement officer.

25 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
26Section 24-1.6
do not apply
to members of any club or 
 
 
HB0674- 138 -LRB100 07853 SLF 17922 b


1organization organized for the purpose of practicing
shooting 
2at targets upon established target ranges, whether public or 
3private,
while using their firearms on those target ranges.

4 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
5to:

6  (1) 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  (2) Bonafide collectors of antique or surplus military 
10 ordnance ordinance.

11  (3) Laboratories having a department of forensic 
12 ballistics, or
specializing in the development of 
13 ammunition or explosive ordnance ordinance.

14  (4) Commerce, preparation, assembly or possession of 
15 explosive
bullets by manufacturers of ammunition licensed 
16 by the federal government,
in connection with the supply of 
17 those organizations and persons exempted
by subdivision 
18 (g)(1) of this Section, or like organizations and persons

19 outside this State, or the transportation of explosive 
20 bullets to any
organization or person exempted in this 
21 Section by a common carrier or by a
vehicle owned or leased 
22 by an exempted manufacturer.

23 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
24persons licensed
under federal law to manufacture any device or 
25attachment of any kind designed,
used, or intended for use in 
26silencing the report of any firearm, firearms, or
ammunition

 
 
HB0674- 139 -LRB100 07853 SLF 17922 b


1for those firearms equipped with those devices, and actually 
2engaged in the
business of manufacturing those devices, 
3firearms, or ammunition, but only with
respect to
activities 
4that are within the lawful scope of that business, such as the

5manufacture, transportation, or testing of those devices, 
6firearms, or
ammunition. This
exemption does not authorize the 
7general private possession of any device or
attachment of any 
8kind designed, used, or intended for use in silencing the

9report of any firearm, but only such possession and activities 
10as are within
the
lawful scope of a licensed manufacturing 
11business described in this subsection
(g-5). During 
12transportation, these devices shall be detached from any weapon

13or
not immediately accessible.

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

1524-1.6 do not apply to
or affect any parole agent or parole 
16supervisor who meets the qualifications and conditions 
17prescribed in Section 3-14-1.5 of the Unified Code of 
18Corrections. 
19 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
20officer while serving as a member of a tactical response team 
21or special operations team. A peace officer may not personally 
22own or apply for ownership of a device or attachment of any 
23kind designed, used, or intended for use in silencing the 
24report of any firearm. These devices shall be owned and 
25maintained by lawfully recognized units of government whose 
26duties include the investigation of criminal acts.
 
 
HB0674- 140 -LRB100 07853 SLF 17922 b


1 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 
224-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an 
3athlete's possession, transport on official Olympic and 
4Paralympic transit systems established for athletes, or use of 
5competition firearms sanctioned by the International Olympic 
6Committee, the International Paralympic Committee, the 
7International Shooting Sport Federation, or USA Shooting in 
8connection with such athlete's training for and participation 
9in shooting competitions at the 2016 Olympic and Paralympic 
10Games and sanctioned test events leading up to the 2016 Olympic 
11and Paralympic Games. 
12 (h) An information or indictment based upon a violation of 
13any
subsection of this Article need not negative any exemptions 
14contained in
this Article. The defendant shall have the burden 
15of proving such an
exemption.

16 (i) Nothing in this Article shall prohibit, apply to, or 
17affect
the transportation, carrying, or possession, of any 
18pistol or revolver,
stun gun, taser, or other firearm consigned 
19to a common carrier operating
under license of the State of 
20Illinois or the federal government, where
such transportation, 
21carrying, or possession is incident to the lawful

22transportation in which such common carrier is engaged; and 
23nothing in this
Article shall prohibit, apply to, or affect the 
24transportation, carrying,
or possession of any pistol, 
25revolver, stun gun, taser, or other firearm,
not the subject of 
26and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of 
 
 
HB0674- 141 -LRB100 07853 SLF 17922 b


1this Article, which is unloaded and enclosed in a case, firearm

2carrying box, shipping box, or other container, by a person 
3eligible under State and federal law to possess a firearm the 
4possessor of a valid
Firearm Owners Identification Card.

5(Source: P.A. 98-63, eff. 7-9-13; 98-463, eff. 8-16-13; 98-725, 
6eff. 1-1-15; 99-174, eff. 7-29-15; revised 10-6-16.)



7 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)


8 Sec. 24-3. Unlawful sale or delivery of firearms. 

9 (A) A person commits the offense of unlawful sale or 
10delivery of firearms when he
or she knowingly does any of the 
11following:

12  (a) Sells or gives any firearm of a size which may be 
13 concealed upon the
person to any person under 18 years of 
14 age.

15  (b) Sells or gives any firearm to a person under 21 
16 years of age who has
been convicted of a misdemeanor other 
17 than a traffic offense or adjudged
delinquent.

18  (c) Sells or gives any firearm to any narcotic addict.

19  (d) Sells or gives any firearm to any person who has 
20 been convicted of a
felony under the laws of this or any 
21 other jurisdiction.

22  (e) Sells or gives any firearm to any person who has 
23 been a patient in a
mental institution within the past 5 
24 years. In this subsection (e):
25   "Mental institution" means any hospital, 
 
 
HB0674- 142 -LRB100 07853 SLF 17922 b


1 institution, clinic, evaluation facility, mental 
2 health center, or part thereof, which is used primarily 
3 for the care or treatment of persons with mental 
4 illness. 
5   "Patient in a mental institution" means the person 
6 was admitted, either voluntarily or involuntarily, to 
7 a mental institution for mental health treatment, 
8 unless the treatment was voluntary and solely for an 
9 alcohol abuse disorder and no other secondary 
10 substance abuse disorder or mental illness.

11  (f) Sells or gives any firearms to any person who is a 
12 person with an intellectual disability.

13  (g) Delivers any firearm of a size which may be 
14 concealed upon the
person, incidental to a sale, without 
15 withholding delivery of such firearm
for at least 72 hours 
16 after application for its purchase has been made, or

17 delivers any rifle, shotgun or other long gun, or a stun 
18 gun or taser, incidental to a sale,
without withholding 
19 delivery of such rifle, shotgun or other long gun, or a 
20 stun gun or taser for
at least 24 hours after application 
21 for its purchase has been made.
However,
this paragraph (g) 
22 does not apply to: (1) the sale of a firearm
to a law 
23 enforcement officer if the seller of the firearm knows that 
24 the person to whom he or she is selling the firearm is a 
25 law enforcement officer or the sale of a firearm to a 
26 person who desires to purchase a firearm for
use in 
 
 
HB0674- 143 -LRB100 07853 SLF 17922 b


1 promoting the public interest incident to his or her 
2 employment as a
bank guard, armed truck guard, or other 
3 similar employment; (2) a mail
order sale of a firearm from 
4 a federally licensed firearms dealer to a nonresident of 
5 Illinois under which the firearm
is mailed to a federally 
6 licensed firearms dealer outside the boundaries of 
7 Illinois; (3) the sale
of a firearm to a nonresident of 
8 Illinois while at a firearm showing or display
recognized 
9 by the Illinois Department of State Police; (4) the sale of 
10 a
firearm to a dealer licensed as a federal firearms dealer 
11 under Section 923
of the federal Gun Control Act of 1968 
12 (18 U.S.C. 923); or (5) the transfer or sale of any rifle, 
13 shotgun, or other long gun to a resident registered 
14 competitor or attendee or non-resident registered 
15 competitor or attendee by any dealer licensed as a federal 
16 firearms dealer under Section 923 of the federal Gun 
17 Control Act of 1968 at competitive shooting events held at 
18 the World Shooting Complex sanctioned by a national 
19 governing body. For purposes of transfers or sales under 
20 subparagraph (5) of this paragraph (g), the Department of 
21 Natural Resources shall give notice to the Department of 
22 State Police at least 30 calendar days prior to any 
23 competitive shooting events at the World Shooting Complex 
24 sanctioned by a national governing body. The notification 
25 shall be made on a form prescribed by the Department of 
26 State Police. The sanctioning body shall provide a list of 
 
 
HB0674- 144 -LRB100 07853 SLF 17922 b


1 all registered competitors and attendees at least 24 hours 
2 before the events to the Department of State Police. Any 
3 changes to the list of registered competitors and attendees 
4 shall be forwarded to the Department of State Police as 
5 soon as practicable. The Department of State Police must 
6 destroy the list of registered competitors and attendees no 
7 later than 30 days after the date of the event. Nothing in 
8 this paragraph (g) relieves a federally licensed firearm 
9 dealer from the requirements of conducting a NICS 
10 background check through the Illinois Point of Contact 
11 under 18 U.S.C. 922(t). For purposes of this paragraph (g), 
12 "application" means when the buyer and seller reach an 
13 agreement to purchase a firearm.
For purposes of this 
14 paragraph (g), "national governing body" means a group of 
15 persons who adopt rules and formulate policy on behalf of a 
16 national firearm sporting organization. 

17  (h) While holding any license
as a dealer,
importer, 
18 manufacturer or pawnbroker
under the federal Gun Control 
19 Act of 1968,
manufactures, sells or delivers to any 
20 unlicensed person a handgun having
a barrel, slide, frame 
21 or receiver which is a die casting of zinc alloy or
any 
22 other nonhomogeneous metal which will melt or deform at a 
23 temperature
of less than 800 degrees Fahrenheit. For 
24 purposes of this paragraph, (1)
"firearm" is defined as in 
25 the Firearm Owners Identification Card Act; and (2)

26 "handgun" is defined as a firearm designed to be held
and 
 
 
HB0674- 145 -LRB100 07853 SLF 17922 b


1 fired by the use of a single hand, and includes a 
2 combination of parts from
which such a firearm can be 
3 assembled.

4  (i) Sells or gives a firearm of any size to any person 
5 under 18 years of
age who is not eligible under State or 
6 federal law to possess a firearm does not possess a valid 
7 Firearm Owner's Identification Card.

8  (j) Sells or gives a firearm while engaged in the 
9 business of selling
firearms at wholesale or retail without 
10 being licensed as a federal firearms
dealer under Section 
11 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). 
12 In this paragraph (j):

13  A person "engaged in the business" means a person who 
14 devotes time,
attention, and
labor to
engaging in the 
15 activity as a regular course of trade or business with the

16 principal objective of livelihood and profit, but does not 
17 include a person who
makes occasional repairs of firearms 
18 or who occasionally fits special barrels,
stocks, or 
19 trigger mechanisms to firearms.

20  "With the principal objective of livelihood and 
21 profit" means that the
intent
underlying the sale or 
22 disposition of firearms is predominantly one of
obtaining 
23 livelihood and pecuniary gain, as opposed to other intents, 
24 such as
improving or liquidating a personal firearms 
25 collection; however, proof of
profit shall not be required 
26 as to a person who engages in the regular and
repetitive 
 
 
HB0674- 146 -LRB100 07853 SLF 17922 b


1 purchase and disposition of firearms for criminal purposes 
2 or
terrorism.

3  (k) (Blank). Sells or transfers ownership of a firearm 
4 to a person who does not display to the seller or 
5 transferor of the firearm either: (1) a currently valid 
6 Firearm Owner's Identification Card that has previously 
7 been issued in the transferee's name by the Department of 
8 State Police under the provisions of the Firearm Owners 
9 Identification Card Act; or (2) a currently valid license 
10 to carry a concealed firearm that has previously been 
11 issued in the transferee's name by the
Department of State 
12 Police under the Firearm Concealed Carry Act. This 
13 paragraph (k) does not apply to the transfer of a firearm 
14 to a person who is exempt from the requirement of 
15 possessing a Firearm Owner's Identification Card under 
16 Section 2 of the Firearm Owners Identification Card Act. 
17 For the purposes of this Section, a currently valid Firearm 
18 Owner's Identification Card means (i) a Firearm Owner's 
19 Identification Card that has not expired or (ii) an 
20 approval number issued in accordance with subsection 
21 (a-10) of subsection 3 or Section 3.1 of the Firearm Owners 
22 Identification Card Act shall be proof that the Firearm 
23 Owner's Identification Card was valid.
24   (1) (Blank). In addition to the other requirements 
25 of this paragraph (k), all persons who are not 
26 federally licensed firearms dealers must also have 
 
 
HB0674- 147 -LRB100 07853 SLF 17922 b


1 complied with subsection (a-10) of Section 3 of the 
2 Firearm Owners Identification Card Act by determining 
3 the validity of a purchaser's Firearm Owner's 
4 Identification Card.
5   (2) (Blank). All sellers or transferors who have 
6 complied with the requirements of subparagraph (1) of 
7 this paragraph (k) shall not be liable for damages in 
8 any civil action arising from the use or misuse by the 
9 transferee of the firearm transferred, except for 
10 willful or wanton misconduct on the part of the seller 
11 or transferor. 
12  (l) Not
being entitled to the possession of a firearm, 
13 delivers the
firearm, knowing it to have been stolen or 
14 converted. It may be inferred that
a person who possesses a 
15 firearm with knowledge that its serial number has
been 
16 removed or altered has knowledge that the firearm is stolen 
17 or converted. 
18 (B) Paragraph (h) of subsection (A) does not include 
19firearms sold within 6
months after enactment of Public
Act 
2078-355 (approved August 21, 1973, effective October 1, 1973), 
21nor is any
firearm legally owned or
possessed by any citizen or 
22purchased by any citizen within 6 months after the
enactment of 
23Public Act 78-355 subject
to confiscation or seizure under the 
24provisions of that Public Act. Nothing in
Public Act 78-355 
25shall be construed to prohibit the gift or trade of
any firearm 
26if that firearm was legally held or acquired within 6 months 
 
 
HB0674- 148 -LRB100 07853 SLF 17922 b


1after
the enactment of that Public Act.

2 (C) Sentence.

3  (1) Any person convicted of unlawful sale or delivery 
4 of firearms in violation of
paragraph (c), (e), (f), (g), 
5 or (h) of subsection (A) commits a Class
4
felony.

6  (2) Any person convicted of unlawful sale or delivery 
7 of firearms in violation of
paragraph (b) or (i) of 
8 subsection (A) commits a Class 3 felony.

9  (3) Any person convicted of unlawful sale or delivery 
10 of firearms in violation of
paragraph (a) of subsection (A) 
11 commits a Class 2 felony.

12  (4) Any person convicted of unlawful sale or delivery 
13 of firearms in violation of
paragraph (a), (b), or (i) of 
14 subsection (A) in any school, on the real
property 
15 comprising a school, within 1,000 feet of the real property 
16 comprising
a school, at a school related activity, or on or 
17 within 1,000 feet of any
conveyance owned, leased, or 
18 contracted by a school or school district to
transport 
19 students to or from school or a school related activity,

20 regardless of the time of day or time of year at which the 
21 offense
was committed, commits a Class 1 felony. Any person 
22 convicted of a second
or subsequent violation of unlawful 
23 sale or delivery of firearms in violation of paragraph
(a), 
24 (b), or (i) of subsection (A) in any school, on the real 
25 property
comprising a school, within 1,000 feet of the real 
26 property comprising a
school, at a school related activity, 
 
 
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1 or on or within 1,000 feet of any
conveyance owned, leased, 
2 or contracted by a school or school district to
transport 
3 students to or from school or a school related activity,

4 regardless of the time of day or time of year at which the 
5 offense
was committed, commits a Class 1 felony for which 
6 the sentence shall be a
term of imprisonment of no less 
7 than 5 years and no more than 15 years.

8  (5) Any person convicted of unlawful sale or delivery 
9 of firearms in violation of
paragraph (a) or (i) of 
10 subsection (A) in residential property owned,
operated, or 
11 managed by a public housing agency or leased by a public 
12 housing
agency as part of a scattered site or mixed-income 
13 development, in a public
park, in a
courthouse, on 
14 residential property owned, operated, or managed by a 
15 public
housing agency or leased by a public housing agency 
16 as part of a scattered site
or mixed-income development, on 
17 the real property comprising any public park,
on the real

18 property comprising any courthouse, or on any public way 
19 within 1,000 feet
of the real property comprising any 
20 public park, courthouse, or residential
property owned, 
21 operated, or managed by a public housing agency or leased 
22 by a
public housing agency as part of a scattered site or 
23 mixed-income development
commits a
Class 2 felony.

24  (6) Any person convicted of unlawful sale or delivery 
25 of firearms in violation of
paragraph (j) of subsection (A) 
26 commits a Class A misdemeanor. A second or
subsequent 
 
 
HB0674- 150 -LRB100 07853 SLF 17922 b


1 violation is a Class 4 felony.
2  (7) (Blank). Any person convicted of unlawful sale or 
3 delivery of firearms in violation of paragraph (k) of 
4 subsection (A) commits a Class 4 felony, except that a 
5 violation of subparagraph (1) of paragraph (k) of 
6 subsection (A) shall not be punishable as a crime or petty 
7 offense. A third or subsequent conviction for a violation 
8 of paragraph (k) of subsection (A) is a Class 1 felony.


9  (8) A person 18 years of age or older convicted of 
10 unlawful sale or delivery of firearms in violation of 
11 paragraph (a) or (i) of subsection (A), when the firearm 
12 that was sold or given to another person under 18 years of 
13 age was used in the commission of or attempt to commit a 
14 forcible felony, shall be fined or imprisoned, or both, not 
15 to exceed the maximum provided for the most serious 
16 forcible felony so committed or attempted by the person 
17 under 18 years of age who was sold or given the firearm. 
18  (9) Any person convicted of unlawful sale or delivery 
19 of firearms in violation of
paragraph (d) of subsection (A) 
20 commits a Class 3 felony.
21  (10) Any person convicted of unlawful sale or delivery 
22 of firearms in violation of paragraph (l) of subsection (A) 
23 commits a Class 2 felony if the delivery is of one firearm. 
24 Any person convicted of unlawful sale or delivery of 
25 firearms in violation of paragraph (l) of subsection (A) 
26 commits a Class 1 felony if the delivery is of not less 
 
 
HB0674- 151 -LRB100 07853 SLF 17922 b


1 than 2 and not more than 5 firearms at the
same time or 
2 within a one year period. Any person convicted of unlawful 
3 sale or delivery of firearms in violation of paragraph (l) 
4 of subsection (A) commits a Class X felony for which he or 
5 she shall be sentenced
to a term of imprisonment of not 
6 less than 6 years and not more than 30
years if the 
7 delivery is of not less than 6 and not more than 10 
8 firearms at the
same time or within a 2 year period. Any 
9 person convicted of unlawful sale or delivery of firearms 
10 in violation of paragraph (l) of subsection (A) commits a 
11 Class X felony for which he or she shall be sentenced
to a 
12 term of imprisonment of not less than 6 years and not more 
13 than 40
years if the delivery is of not less than 11 and 
14 not more than 20 firearms at the
same time or within a 3 
15 year period. Any person convicted of unlawful sale or 
16 delivery of firearms in violation of paragraph (l) of 
17 subsection (A) commits a Class X felony for which he or she 
18 shall be sentenced
to a term of imprisonment of not less 
19 than 6 years and not more than 50
years if the delivery is 
20 of not less than 21 and not more than 30 firearms at the

21 same time or within a 4 year period. Any person convicted 
22 of unlawful sale or delivery of firearms in violation of 
23 paragraph (l) of subsection (A) commits a Class X felony 
24 for which he or she shall be sentenced
to a term of 
25 imprisonment of not less than 6 years and not more than 60

26 years if the delivery is of 31 or more firearms at the
same 
 
 
HB0674- 152 -LRB100 07853 SLF 17922 b


1 time or within a 5 year period. 
2 (D) For purposes of this Section:

3 "School" means a public or private elementary or secondary 
4school,
community college, college, or university.

5 "School related activity" means any sporting, social, 
6academic, or
other activity for which students' attendance or 
7participation is sponsored,
organized, or funded in whole or in 
8part by a school or school district.

9 (E) A prosecution for a violation of paragraph (k) of 
10subsection (A) of this Section may be commenced within 6 years 
11after the commission of the offense. A prosecution for a 
12violation of this Section other than paragraph (g) of 
13subsection (A) of this Section may be commenced within 5 years 
14after the commission of the offense defined in the particular 
15paragraph.

16(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; 
1799-143, eff. 7-27-15; 99-642, eff. 7-28-16.)




18 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)



19 Sec. 24-3.1. Unlawful possession of firearms and firearm 
20ammunition. 

21 (a) A person commits the offense of unlawful possession of 
22firearms
or firearm ammunition when:


23  (1) He is under 18 years of age and has in his 
24 possession
any firearm of
a size which may be concealed 
25 upon the person; or


 
 
HB0674- 153 -LRB100 07853 SLF 17922 b


1  (2) He is under 21 years of age, has been convicted of 
2 a misdemeanor
other than a traffic offense or adjudged 
3 delinquent and has
any firearms or
firearm ammunition in 
4 his possession; or


5  (3) He is a narcotic addict and has
any firearms or 
6 firearm ammunition
in his possession; or


7  (4) He has been a patient in a mental institution 
8 within the past 5 years
and has
any firearms or firearm 
9 ammunition in his possession. For purposes of this 
10 paragraph (4):
11   "Mental institution" means any hospital, 
12 institution, clinic, evaluation facility, mental 
13 health center, or part thereof, which is used primarily 
14 for the care or treatment of persons with mental 
15 illness.
16   "Patient in a mental institution" means the person 
17 was admitted, either voluntarily or involuntarily, to 
18 a mental institution for mental health treatment, 
19 unless the treatment was voluntary and solely for an 
20 alcohol abuse disorder and no other secondary 
21 substance abuse disorder or mental illness; or


22  (5) He is a person with an intellectual disability and 
23 has
any firearms or firearm ammunition
in his possession; 
24 or


25  (6) He has in his possession any explosive bullet.

26 For purposes of this paragraph "explosive bullet" means the 
 
 
HB0674- 154 -LRB100 07853 SLF 17922 b


1projectile
portion of an ammunition cartridge which contains or 
2carries an explosive
charge which will explode upon contact 
3with the flesh of a human or an animal.
"Cartridge" means a 
4tubular metal case having a projectile affixed at the
front 
5thereof and a cap or primer at the rear end thereof, with the 
6propellant
contained in such tube between the projectile and 
7the cap.

8 (a-5) A person prohibited from possessing a firearm under 
9this Section may petition the Director of State Police for a 
10hearing and relief from the prohibition, unless the prohibition 
11was based upon a forcible felony, stalking, aggravated 
12stalking, domestic battery, any violation of the Illinois 
13Controlled Substances Act, the Methamphetamine Control and 
14Community Protection Act, or the Cannabis Control Act that is 
15classified as a Class 2 or greater felony, any felony violation 
16of Article 24 of the Criminal Code of 1961 or the Criminal Code 
17of 2012, or any adjudication as a delinquent minor for the 
18commission of an offense that if committed by an adult would be 
19a felony, in which case the person may petition the circuit 
20court in writing in the county of his or her residence for a 
21hearing and relief from the prohibition. The Director or court 
22may grant the relief if it is established by the petitioner to 
23the court's or Director's satisfaction that: 
24  (1) when in the circuit court, the State's Attorney has 
25 been served with a written copy of the petition at least 30 
26 days before any hearing in the circuit court and at the 
 
 
HB0674- 155 -LRB100 07853 SLF 17922 b


1 hearing the State's Attorney was afforded an opportunity to 
2 present evidence and object to the petition;
3  (2) the petitioner has not been convicted of a
forcible 
4 felony under the laws of this State or any other 
5 jurisdiction within 20 years of the filing of the petition, 
6 or at least 20 years have passed since the end of any 
7 period of imprisonment imposed in relation to that 
8 conviction;
9  (3) the circumstances regarding a criminal
conviction, 
10 where applicable, the petitioner's criminal history and 
11 his reputation are such that the petitioner will not be 
12 likely to act in a manner dangerous to public safety;
13  (4) granting relief would not be contrary to the
public 
14 interest; and
15  (5) granting relief would not be contrary to federal

16 law. 
17 (b) Sentence.

18 Unlawful possession of firearms, other than handguns, and 
19firearm
ammunition is a Class A misdemeanor. Unlawful 
20possession of handguns is a
Class 4 felony. The possession of 
21each firearm or firearm ammunition in violation of this Section 
22constitutes a single and separate violation.


23 (c) Nothing in paragraph (1) of subsection (a) of this 
24Section prohibits
a person under 18 years of age from 
25participating in any lawful recreational
activity with a 
26firearm such as, but not limited to, practice shooting at

 
 
HB0674- 156 -LRB100 07853 SLF 17922 b


1targets upon established public or private target ranges or 
2hunting, trapping,
or fishing in accordance with the Wildlife 
3Code or the Fish and Aquatic Life
Code.

4(Source: P.A. 99-143, eff. 7-27-15.)





5 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)



6 Sec. 24-3.2. Unlawful discharge of firearm projectiles. 

7 (a) A person
commits the offense of unlawful discharge of 
8firearm projectiles when he
or she knowingly
or recklessly uses 
9an armor piercing bullet, dragon's
breath shotgun shell, bolo 
10shell, or flechette
shell
in violation of
this Section.

11 For purposes of this Section:

12 "Armor piercing bullet" means
any handgun bullet or handgun 
13ammunition with projectiles or projectile cores
constructed 
14entirely (excluding the presence of traces of other substances)

15from tungsten alloys, steel, iron, brass, bronze, beryllium 
16copper
or depleted uranium, or fully jacketed bullets larger 
17than 22 caliber whose
jacket
has a weight of more than 25% of 
18the total weight of the projectile, and
excluding those handgun

19projectiles whose cores are composed of soft materials such as 
20lead or lead
alloys, zinc or zinc alloys, frangible projectiles 
21designed primarily for
sporting purposes, and any
other 
22projectiles or projectile cores that the U. S. Secretary of the 
23Treasury
finds to be primarily intended to be used for sporting 
24purposes or industrial
purposes or that otherwise does not 
25constitute "armor piercing ammunition" as
that term is defined 
 
 
HB0674- 157 -LRB100 07853 SLF 17922 b


1by federal law.

2 "Dragon's breath shotgun shell" means any shotgun shell 
3that contains
exothermic pyrophoric mesh metal as the 
4projectile and is designed for the
purpose of throwing or 
5spewing a flame or fireball to simulate a flame-thrower.

6 "Bolo shell" means any shell that can be fired in a firearm 
7and expels as
projectiles 2 or more metal balls connected by 
8solid metal wire.

9 "Flechette shell" means any shell that can be fired in a 
10firearm and expels
2 or more pieces of fin-stabilized solid 
11metal wire or 2 or more solid
dart-type
projectiles.

12 (b) A person commits a Class X felony when he or she, 
13knowing that a
firearm,
as defined in Section
1.1 of the 
14Firearm Owners Identification Card
Act, is loaded with an armor

15piercing bullet, dragon's breath shotgun shell, bolo
shell, or 
16flechette
shell,
intentionally or recklessly discharges such 
17firearm and such bullet or
shell strikes
any other person.

18 (c) Any person who possesses, concealed on or about his or 
19her person,
an armor
piercing bullet, dragon's breath shotgun 
20shell, bolo
shell, or flechette
shell
and a firearm suitable 
21for the discharge thereof is guilty
of a Class 2 felony.

22 (d) This Section does not apply to or affect any of the 
23following:


24  (1) Peace officers;


25  (2) Wardens, superintendents and keepers of prisons, 
26 penitentiaries, jails
and other institutions for the 
 
 
HB0674- 158 -LRB100 07853 SLF 17922 b


1 detention of persons accused or convicted of an
offense;


2  (3) Members of the Armed Services or Reserve Forces of 
3 the United States
or the Illinois National Guard while in 
4 the performance of their official
duties;


5  (4) Federal officials required to carry firearms, 
6 while engaged in the
performance of their official duties;


7  (5) United States Marshals, while engaged in the 
8 performance of their
official duties.

9(Source: P.A. 92-423, eff. 1-1-02.)





10 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)



11 Sec. 24-3.4. Unlawful sale of firearms by liquor licensee. 

12 (a) It shall be unlawful for any person who holds a license 
13to sell at
retail any alcoholic liquor issued by the Illinois 
14Liquor Control
Commission or local liquor control commissioner 
15under the Liquor Control Act
of 1934 or an agent or employee of 
16the licensee to sell or deliver to any
other person a firearm 
17in or on the real property of the establishment
where the 
18licensee is licensed to sell alcoholic liquors unless the sale 
19or
delivery of the firearm is otherwise lawful under this 
20Article and under the
Firearm Owners Identification Card Act.

21 (b) Sentence. A violation of subsection (a) of this Section 
22is a
Class 4 felony.

23(Source: P.A. 87-591.)





24 (720 ILCS 5/24-3.5)


 
 
HB0674- 159 -LRB100 07853 SLF 17922 b


1 Sec. 24-3.5. Unlawful purchase of a firearm. 

2 (a) For purposes of this Section,
"firearms transaction 
3record form" means a form:


4  (1) executed by a transferee
of a firearm stating: (i) 
5 the transferee's name and address (including county
or 
6 similar political subdivision); (ii) whether the 
7 transferee is a citizen of
the United States;
(iii) the 
8 transferee's State of residence; and (iv) the date and 
9 place of
birth, height, weight, and race of the transferee; 
10 and


11  (2) on which the transferee certifies that he or she is 
12 not
prohibited by federal law from transporting or shipping 
13 a firearm
in interstate or foreign commerce or receiving a 
14 firearm that has been shipped
or transported in interstate 
15 or foreign commerce or possessing a firearm in or
affecting 
16 commerce.

17 (b) A person commits the offense of unlawful purchase of a 
18firearm who
knowingly purchases or attempts to purchase a

19firearm with the intent to deliver that firearm to another 
20person who
is prohibited by federal or State law from 
21possessing a firearm.

22 (c) A person commits the offense of unlawful purchase of a 
23firearm when he
or she, in purchasing or attempting to purchase 
24a firearm, intentionally
provides false or
misleading 
25information on a United States Department of the Treasury, 
26Bureau of
Alcohol, Tobacco and Firearms firearms transaction 
 
 
HB0674- 160 -LRB100 07853 SLF 17922 b


1record form.

2 (d) Exemption. It is not a violation of subsection (b) of 
3this Section for a
person to make a gift or loan of a firearm to 
4a
person who is not
prohibited by federal or State law from 
5possessing a firearm
if the transfer of the firearm
is made in 
6accordance with Section 3 of the Firearm Owners Identification 
7Card
Act.

8 (e) Sentence.


9  (1) A person who commits the offense of unlawful 
10 purchase of a
firearm:


11   (A) is guilty of a Class 2 felony for purchasing or 
12 attempting to
purchase one firearm;


13   (B) is guilty of a Class 1 felony for purchasing or 
14 attempting to
purchase not less than 2
firearms and not 
15 more than 5 firearms at the same time or within a one

16 year period;


17   (C) is guilty of a Class X felony for which the 
18 offender shall be sentenced to a term of imprisonment 
19 of not less than 9 years and not more than 40 years for 
20 purchasing or attempting to
purchase not less than 6

21 firearms at the same time or within a 2
year period.


22  (2) In addition to any other penalty that may be 
23 imposed for a violation
of this Section, the court may 
24 sentence a person convicted of a violation of
subsection 
25 (c) of this Section to a fine not to exceed $250,000 for 
26 each
violation.

 
 
HB0674- 161 -LRB100 07853 SLF 17922 b


1 (f) A prosecution for unlawful purchase of a firearm may be 
2commenced within 6 years after the commission of the offense.

3(Source: P.A. 95-882, eff. 1-1-09.)


4 (720 ILCS 5/24-4.1)

5 Sec. 24-4.1. Report of lost or stolen firearms.

6 (a) If a person who possesses a valid Firearm Owner's 
7Identification Card and who possesses or acquires a firearm 
8thereafter loses the firearm, or if the firearm is stolen from 
9the person, the person must report the loss or theft to the 
10local law enforcement agency within 72 hours after obtaining 
11knowledge of the loss or theft.
12 (b) A law enforcement agency having jurisdiction shall take 
13a written report and shall, as soon as practical, enter the 
14firearm's serial number as stolen into the Law Enforcement 
15Agencies Data System (LEADS).
16 (c) A person shall not be in violation of this Section if:
17  (1) the failure to report is due to an act of God, act 
18 of war, or inability of a law enforcement agency to receive 
19 the report;
20  (2) the person is hospitalized, in a coma, or is 
21 otherwise seriously physically or mentally impaired as to 
22 prevent the person from reporting; or
23  (3) the person's designee makes a report if the person 
24 is unable to make the report. 
25 (d) Sentence. A person who violates this Section is guilty 
 
 
HB0674- 162 -LRB100 07853 SLF 17922 b


1of a petty offense for a first violation. A second or 
2subsequent violation of this Section is a Class A misdemeanor.

3(Source: P.A. 98-508, eff. 8-19-13.)

4 (720 ILCS 5/24-4.5 new)

5 Sec. 24-4.5. Dial up system.
6 (a) The Department of State Police shall provide
a dial up 
7telephone system or utilize other existing technology which 
8shall be used by any federally licensed
firearm dealer, gun 
9show promoter, or gun show vendor who is to transfer a firearm, 
10stun gun, or taser under the provisions of this
Code. The 
11Department of State Police may utilize existing technology 
12which
allows the caller to be charged a fee not to exceed $2. 
13Fees collected by the Department of
State Police shall be 
14deposited in the State Police Services Fund and used
to provide 
15the service.
16 (b) Upon receiving a request from a federally licensed 
17firearm dealer, gun show promoter, or gun show vendor, the

18Department of State Police shall immediately approve, or within 
19the time
period established by Section 24-3 of this Code 
20regarding
the delivery of firearms, stun guns, and tasers 
21notify the inquiring dealer, gun show promoter, or gun show 
22vendor of any objection that
would disqualify the transferee 
23from acquiring or possessing a firearm, stun gun, or taser. In

24conducting the inquiry, the Department of State Police shall 
25initiate and
complete an automated search of its criminal 
 
 
HB0674- 163 -LRB100 07853 SLF 17922 b


1history record information
files and those of the Federal 
2Bureau of Investigation, including the
National Instant 
3Criminal Background Check System, and of the files of
the 
4Department of Human Services relating to mental health and

5developmental disabilities to obtain
any felony conviction or 
6patient hospitalization information which would
disqualify a 
7person from obtaining a firearm.
8 (c) If receipt of a firearm would not violate Section 24-3 
9of this Code or federal law, the Department of State Police 
10shall:

11  (1) assign a unique identification number to the 
12 transfer; and
13  (2) provide the licensee, gun show promoter, or gun 
14 show vendor with the number.
15 (d) Approvals issued by the Department of State Police for 
16the purchase of a firearm are valid for 30 days from the date 
17of issue.

18 (e)(1) The Department of State Police must act as the 
19Illinois Point of Contact
for the National Instant Criminal 
20Background Check System.
21 (2) The Department of State Police and the Department of 
22Human Services shall, in accordance with State and federal law 
23regarding confidentiality, enter into a memorandum of 
24understanding with the Federal Bureau of Investigation for the 
25purpose of implementing the National Instant Criminal 
26Background Check System in the State. The Department of State 
 
 
HB0674- 164 -LRB100 07853 SLF 17922 b


1Police shall report the name, date of birth, and physical 
2description of any person prohibited from possessing a firearm 
3under this Code or 18 U.S.C. 922(g) and (n) to the National 
4Instant Criminal Background Check System Index, Denied Persons 
5Files.
6 (f) The Department of State Police shall adopt rules not 
7inconsistent with this Section to implement this
system.





8 (720 ILCS 5/24-9)



9 Sec. 24-9. Firearms; Child Protection. 

10 (a) Except as provided in
subsection (c), it is unlawful

11for any person to
store or leave, within premises under his or 
12her control, a firearm if
the
person knows or has reason to 
13believe that a minor under the age of 14
years who does not 
14have a Firearm Owners Identification Card is likely to gain

15access to the firearm without the lawful permission
of the 
16person possessing the firearm, minor's parent, guardian, or 
17person having charge of the minor, and
the minor causes death 
18or great bodily harm with the firearm, unless
the firearm is:


19  (1) secured by a device or mechanism, other than the 
20 firearm safety,
designed to render a firearm temporarily 
21 inoperable; or


22  (2) placed in a securely locked box or container; or


23  (3) placed in some other location that a reasonable 
24 person would
believe to be secure from a minor under the 
25 age of 14 years.

 
 
HB0674- 165 -LRB100 07853 SLF 17922 b


1 (b) Sentence. A person who violates this Section is guilty 
2of a Class C
misdemeanor and shall be fined not less than 
3$1,000. A second or subsequent
violation of this Section is a 
4Class A misdemeanor.

5 (c) Subsection (a) does not apply:


6  (1) if the minor under 14 years of age gains access to 
7 a
firearm and uses it in a lawful act of self-defense or 
8 defense of another; or


9  (2) to any firearm obtained by a minor under the age of 
10 14 because of
an unlawful entry of the premises by the 
11 minor or another person.

12 (d) (Blank). For the purposes of this Section, "firearm" 
13has the meaning ascribed
to it in Section
1.1 of the Firearm 
14Owners Identification Card Act.

15(Source: P.A. 91-18, eff. 1-1-00.)


16 Section 85. The Methamphetamine Control and Community 
17Protection Act is amended by changing Section 10 as follows:

18 (720 ILCS 646/10)

19 Sec. 10. Definitions. As used in this Act:
20 "Anhydrous ammonia" has the meaning provided in subsection 
21(d) of Section 3 of the Illinois Fertilizer Act of 1961.

22 "Anhydrous ammonia equipment" means all items used to 
23store, hold, contain, handle, transfer, transport, or apply 
24anhydrous ammonia for lawful purposes.

 
 
HB0674- 166 -LRB100 07853 SLF 17922 b


1 "Booby trap" means any device designed to cause physical 
2injury when triggered by an act of a person approaching, 
3entering, or moving through a structure, a vehicle, or any 
4location where methamphetamine has been manufactured, is being 
5manufactured, or is intended to be manufactured.

6 "Deliver" or "delivery" has the meaning provided in 
7subsection (h) of Section 102 of the Illinois Controlled 
8Substances Act.

9 "Director" means the Director of State Police or the 
10Director's designated agents.

11 "Dispose" or "disposal" means to abandon, discharge, 
12release, deposit, inject, dump, spill, leak, or place 
13methamphetamine waste onto or into any land, water, or well of 
14any type so that the waste has the potential to enter the 
15environment, be emitted into the air, or be discharged into the 
16soil or any waters, including groundwater.

17 "Emergency response" means the act of collecting evidence 
18from or securing a methamphetamine laboratory site, 
19methamphetamine waste site or other methamphetamine-related 
20site and cleaning up the site, whether these actions are 
21performed by public entities or private contractors paid by 
22public entities.

23 "Emergency service provider" means a local, State, or 
24federal peace officer, firefighter, emergency medical 
25technician-ambulance, emergency
medical 
26technician-intermediate, emergency medical 
 
 
HB0674- 167 -LRB100 07853 SLF 17922 b


1technician-paramedic, ambulance driver, or other medical or 
2first aid personnel rendering aid, or any agent or designee of 
3the foregoing.

4 "Finished methamphetamine" means methamphetamine in a form 
5commonly used for personal consumption.
6 "Firearm" has the meaning provided in Section 2-7.5 of the 
7Criminal Code of 2012 1.1 of the Firearm Owners Identification 
8Card Act.

9 "Manufacture" means to produce, prepare, compound, 
10convert, process, synthesize, concentrate, purify, separate, 
11extract, or package any methamphetamine, methamphetamine 
12precursor, methamphetamine manufacturing catalyst, 
13methamphetamine manufacturing reagent, methamphetamine 
14manufacturing solvent, or any substance containing any of the 
15foregoing.

16 "Methamphetamine" means the chemical methamphetamine (a 
17Schedule II controlled substance under the Illinois Controlled 
18Substances Act) or any salt, optical isomer, salt of optical 
19isomer, or analog thereof, with the exception of 
203,4-Methylenedioxymethamphetamine (MDMA) or any other 
21scheduled substance with a separate listing under the Illinois 
22Controlled Substances Act.
23 "Methamphetamine manufacturing catalyst" means any 
24substance that has been used, is being used, or is intended to 
25be used to activate, accelerate, extend, or improve a chemical 
26reaction involved in the manufacture of methamphetamine.

 
 
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1 "Methamphetamine manufacturing environment" means a 
2structure or vehicle in which:

3  (1) methamphetamine is being or has been manufactured;

4  (2) chemicals that are being used, have been used, or 
5 are intended to be used to manufacture methamphetamine are 
6 stored;

7  (3) methamphetamine manufacturing materials that have 
8 been used to manufacture methamphetamine are stored; or

9  (4) methamphetamine manufacturing waste is stored.

10 "Methamphetamine manufacturing material" means any 
11methamphetamine precursor, substance containing any 
12methamphetamine precursor, methamphetamine manufacturing 
13catalyst, substance containing any methamphetamine 
14manufacturing catalyst, methamphetamine manufacturing reagent, 
15substance containing any methamphetamine manufacturing 
16reagent, methamphetamine manufacturing solvent, substance 
17containing any methamphetamine manufacturing solvent, or any 
18other chemical, substance, ingredient, equipment, apparatus, 
19or item that is being used, has been used, or is intended to be 
20used in the manufacture of methamphetamine.

21 "Methamphetamine manufacturing reagent" means any 
22substance other than a methamphetamine manufacturing catalyst 
23that has been used, is being used, or is intended to be used to 
24react with and chemically alter any methamphetamine precursor.
25 "Methamphetamine manufacturing solvent" means any 
26substance that has been used, is being used, or is intended to 
 
 
HB0674- 169 -LRB100 07853 SLF 17922 b


1be used as a medium in which any methamphetamine precursor, 
2methamphetamine manufacturing catalyst, methamphetamine 
3manufacturing reagent, or any substance containing any of the 
4foregoing is dissolved, diluted, or washed during any part of 
5the methamphetamine manufacturing process.

6 "Methamphetamine manufacturing waste" means any chemical, 
7substance, ingredient, equipment, apparatus, or item that is 
8left over from, results from, or is produced by the process of 
9manufacturing methamphetamine, other than finished 
10methamphetamine.

11 "Methamphetamine precursor" means ephedrine, 
12pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, 
13phenylacetone, phenyl-2-propanone, P2P, or any salt, optical 
14isomer, or salt of an optical isomer of any of these chemicals.

15 "Multi-unit dwelling" means a unified structure used or 
16intended for use as a habitation, home, or residence that 
17contains 2 or more condominiums, apartments, hotel rooms, motel 
18rooms, or other living units.

19 "Package" means an item marked for retail sale that is not 
20designed to be further broken down or subdivided for the 
21purpose of retail sale.

22 "Participate" or "participation" in the manufacture of 
23methamphetamine means to produce, prepare, compound, convert, 
24process, synthesize, concentrate, purify, separate, extract, 
25or package any methamphetamine, methamphetamine precursor, 
26methamphetamine manufacturing catalyst, methamphetamine 
 
 
HB0674- 170 -LRB100 07853 SLF 17922 b


1manufacturing reagent, methamphetamine manufacturing solvent, 
2or any substance containing any of the foregoing, or to assist 
3in any of these actions, or to attempt to take any of these 
4actions, regardless of whether this action or these actions 
5result in the production of finished methamphetamine.

6 "Person with a disability" means a person who suffers from 
7a permanent physical or mental impairment resulting from 
8disease, injury, functional disorder, or congenital condition 
9which renders the person incapable of adequately providing for 
10his or her own health and personal care.

11 "Procure" means to purchase, steal, gather, or otherwise 
12obtain, by legal or illegal means, or to cause another to take 
13such action.

14 "Second or subsequent offense" means an offense under this 
15Act committed by an offender who previously committed an 
16offense under this Act, the Illinois Controlled Substances Act, 
17the Cannabis Control Act, or another Act of this State, another 
18state, or the United States relating to methamphetamine, 
19cannabis, or any other controlled substance.

20 "Standard dosage form", as used in relation to any 
21methamphetamine precursor, means that the methamphetamine 
22precursor is contained in a pill, tablet, capsule, caplet, gel 
23cap, or liquid cap that has been manufactured by a lawful 
24entity and contains a standard quantity of methamphetamine 
25precursor.

26 "Unauthorized container", as used in relation to anhydrous 
 
 
HB0674- 171 -LRB100 07853 SLF 17922 b


1ammonia, means any container that is not designed for the 
2specific and sole purpose of holding, storing, transporting, or 
3applying anhydrous ammonia. "Unauthorized container" includes, 
4but is not limited to, any propane tank, fire extinguisher, 
5oxygen cylinder, gasoline can, food or beverage cooler, or 
6compressed gas cylinder used in dispensing fountain drinks. 
7"Unauthorized container" does not encompass anhydrous ammonia 
8manufacturing plants, refrigeration systems
where anhydrous 
9ammonia is used solely as a refrigerant, anhydrous ammonia 
10transportation pipelines, anhydrous ammonia tankers, or 
11anhydrous ammonia barges.


12(Source: P.A. 97-434, eff. 1-1-12.)

13 Section 90. The Code of Criminal Procedure of 1963 is 
14amended by changing Sections 110-10, 112A-11.1, 112A-11.2, and 
15112A-14 as follows:




16 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)



17 Sec. 110-10. Conditions of bail bond. 

18 (a) If a person is released prior to conviction, either 
19upon payment of
bail security or on his or her own 
20recognizance, the conditions of the bail
bond shall be that he 
21or she will:


22  (1) Appear to answer the charge in the court having 
23 jurisdiction on
a day certain and thereafter as ordered by 
24 the court until discharged or
final order of the court;


 
 
HB0674- 172 -LRB100 07853 SLF 17922 b


1  (2) Submit himself or herself to the orders and process 
2 of the court;


3  (3) Not depart this State without leave of the court;


4  (4) Not violate any criminal statute of any 
5 jurisdiction;


6  (5) At a time and place designated by the court, 
7 surrender all firearms
in his or her possession to a law 
8 enforcement officer designated by the court
to take custody 
9 of and impound the firearms
and physically
surrender his or 
10 her Firearm Owner's Identification Card to the clerk of the

11 circuit court
when the offense the person has
been charged 
12 with is a forcible felony, stalking, aggravated stalking, 
13 domestic
battery, any violation of the Illinois Controlled 
14 Substances Act, the Methamphetamine Control and Community 
15 Protection Act, or the
Cannabis Control Act that is 
16 classified as a Class 2 or greater felony, or any
felony 
17 violation of Article 24 of the Criminal Code of 1961 or the 
18 Criminal Code of 2012; the court
may,
however, forgo the 
19 imposition of this condition when the
circumstances of the

20 case clearly do not warrant it or when its imposition would 
21 be
impractical;
if the Firearm Owner's Identification Card 
22 is confiscated, the clerk of the circuit court shall mail 
23 the confiscated card to the Illinois State Police; all 
24 legally possessed firearms shall be returned to the person 
25 upon
the charges being dismissed, or if the person is found 
26 not guilty, unless the
finding of not guilty is by reason 
 
 
HB0674- 173 -LRB100 07853 SLF 17922 b


1 of insanity; and


2  (6) At a time and place designated by the court, submit 
3 to a
psychological
evaluation when the person has been 
4 charged with a violation of item (4) of
subsection
(a) of 
5 Section 24-1 of the Criminal Code of 1961 or the Criminal 
6 Code of 2012 and that violation occurred in
a school
or in 
7 any conveyance owned, leased, or contracted by a school to 
8 transport
students to or
from school or a school-related 
9 activity, or on any public way within 1,000
feet of real

10 property comprising any school.

11 Psychological evaluations ordered pursuant to this Section 
12shall be completed
promptly
and made available to the State, 
13the defendant, and the court. As a further
condition of bail 
14under
these circumstances, the court shall order the defendant 
15to refrain from
entering upon the
property of the school, 
16including any conveyance owned, leased, or contracted
by a 
17school to
transport students to or from school or a 
18school-related activity, or on any public way within
1,000 feet 
19of real property comprising any school. Upon receipt of the 
20psychological evaluation,
either the State or the defendant may 
21request a change in the conditions of bail, pursuant to
Section 
22110-6 of this Code. The court may change the conditions of bail 
23to include a
requirement that the defendant follow the 
24recommendations of the psychological evaluation,
including 
25undergoing psychiatric treatment. The conclusions of the

26psychological evaluation and
any statements elicited from the 
 
 
HB0674- 174 -LRB100 07853 SLF 17922 b


1defendant during its administration are not
admissible as 
2evidence
of guilt during the course of any trial on the charged 
3offense, unless the
defendant places his or her
mental 
4competency in issue.

5 (b) The court may impose other conditions, such as the 
6following, if the
court finds that such conditions are 
7reasonably necessary to assure the
defendant's appearance in 
8court, protect the public from the defendant, or
prevent the 
9defendant's unlawful interference with the orderly 
10administration
of justice:


11  (1) Report to or appear in person before such person or 
12 agency as the
court may direct;


13  (2) Refrain from possessing a firearm or other 
14 dangerous weapon;


15  (3) Refrain from approaching or communicating with 
16 particular persons or
classes of persons;


17  (4) Refrain from going to certain described 
18 geographical areas or
premises;


19  (5) Refrain from engaging in certain activities or 
20 indulging in
intoxicating liquors or in certain drugs;


21  (6) Undergo treatment for drug addiction or 
22 alcoholism;


23  (7) Undergo medical or psychiatric treatment;


24  (8) Work or pursue a course of study or vocational 
25 training;


26  (9) Attend or reside in a facility designated by the 
 
 
HB0674- 175 -LRB100 07853 SLF 17922 b


1 court;


2  (10) Support his or her dependents;


3  (11) If a minor resides with his or her parents or in a 
4 foster home,
attend school, attend a non-residential 
5 program for youths, and contribute
to his or her own 
6 support at home or in a foster home;


7  (12) Observe any curfew ordered by the court;


8  (13) Remain in the custody of such designated person or 
9 organization
agreeing to supervise his release. Such third 
10 party custodian shall be
responsible for notifying the 
11 court if the defendant fails to observe the
conditions of 
12 release which the custodian has agreed to monitor, and 
13 shall
be subject to contempt of court for failure so to 
14 notify the court;


15  (14) Be placed under direct supervision of the Pretrial 
16 Services
Agency, Probation Department or Court Services 
17 Department in a pretrial
bond home supervision capacity 
18 with or without the use of an approved
electronic 
19 monitoring device subject to Article 8A of Chapter V of the

20 Unified Code of Corrections;


21  (14.1) The court shall impose upon a defendant who is 
22 charged with any
alcohol, cannabis, methamphetamine, or 
23 controlled substance violation and is placed under
direct 
24 supervision of the Pretrial Services Agency, Probation 
25 Department or
Court Services Department in a pretrial bond 
26 home supervision capacity with
the use of an approved 
 
 
HB0674- 176 -LRB100 07853 SLF 17922 b


1 monitoring device, as a condition of such bail bond,
a fee 
2 that represents costs incidental to the electronic 
3 monitoring for each
day of such bail supervision ordered by 
4 the
court, unless after determining the inability of the 
5 defendant to pay the
fee, the court assesses a lesser fee 
6 or no fee as the case may be. The fee
shall be collected by 
7 the clerk of the circuit court, except as provided in an 
8 administrative order of the Chief Judge of the circuit 
9 court. The clerk of the
circuit court shall pay all monies 
10 collected from this fee to the county
treasurer for deposit 
11 in the substance abuse services fund under Section
5-1086.1 
12 of the Counties Code, except as provided in an 
13 administrative order of the Chief Judge of the circuit 
14 court.
15  The Chief Judge of the circuit court of the county may 
16 by administrative order establish a program for electronic 
17 monitoring of offenders with regard to drug-related and 
18 alcohol-related offenses, in which a vendor supplies and 
19 monitors the operation of the electronic monitoring 
20 device, and collects the fees on behalf of the county. The 
21 program shall include provisions for indigent offenders 
22 and the collection of unpaid fees. The program shall not 
23 unduly burden the offender and shall be subject to review 
24 by the Chief Judge.
25  The Chief Judge of the circuit court may suspend any 
26 additional charges or fees for late payment, interest, or 
 
 
HB0674- 177 -LRB100 07853 SLF 17922 b


1 damage to any device;


2  (14.2) The court shall impose upon all defendants, 
3 including those
defendants subject to paragraph (14.1) 
4 above, placed under direct supervision
of the Pretrial 
5 Services Agency, Probation Department or Court Services

6 Department in a pretrial bond home supervision capacity 
7 with the use of an
approved monitoring device, as a 
8 condition of such bail bond, a fee
which shall represent 
9 costs incidental to such
electronic monitoring for each day 
10 of such bail supervision ordered by the
court, unless after 
11 determining the inability of the defendant to pay the fee,

12 the court assesses a lesser fee or no fee as the case may 
13 be. The fee shall be
collected by the clerk of the circuit 
14 court, except as provided in an administrative order of the 
15 Chief Judge of the circuit court. The clerk of the circuit 
16 court
shall pay all monies collected from this fee to the 
17 county treasurer who shall
use the monies collected to 
18 defray the costs of corrections. The county
treasurer shall 
19 deposit the fee collected in the county working cash fund 
20 under
Section 6-27001 or Section 6-29002 of the Counties 
21 Code, as the case may
be, except as provided in an 
22 administrative order of the Chief Judge of the circuit 
23 court.
24  The Chief Judge of the circuit court of the county may 
25 by administrative order establish a program for electronic 
26 monitoring of offenders with regard to drug-related and 
 
 
HB0674- 178 -LRB100 07853 SLF 17922 b


1 alcohol-related offenses, in which a vendor supplies and 
2 monitors the operation of the electronic monitoring 
3 device, and collects the fees on behalf of the county. The 
4 program shall include provisions for indigent offenders 
5 and the collection of unpaid fees. The program shall not 
6 unduly burden the offender and shall be subject to review 
7 by the Chief Judge.
8  The Chief Judge of the circuit court may suspend any 
9 additional charges or fees for late payment, interest, or 
10 damage to any device;


11  (14.3) The Chief Judge of the Judicial Circuit may 
12 establish reasonable
fees to be paid by a person receiving 
13 pretrial services while under supervision
of a pretrial 
14 services agency, probation department, or court services

15 department. Reasonable fees may be charged for pretrial 
16 services
including, but not limited to, pretrial 
17 supervision, diversion programs,
electronic monitoring, 
18 victim impact services, drug and alcohol testing, DNA 
19 testing, GPS electronic monitoring, assessments and 
20 evaluations related to domestic violence and other 
21 victims, and
victim mediation services. The person 
22 receiving pretrial services may be
ordered to pay all costs 
23 incidental to pretrial services in accordance with his
or 
24 her ability to pay those costs;


25  (14.4) For persons charged with violating Section 
26 11-501 of the Illinois
Vehicle Code, refrain from operating 
 
 
HB0674- 179 -LRB100 07853 SLF 17922 b


1 a motor vehicle not equipped with an
ignition interlock 
2 device, as defined in Section 1-129.1 of the Illinois

3 Vehicle Code,
pursuant to the rules promulgated by the 
4 Secretary of State for the
installation of ignition

5 interlock devices. Under this condition the court may allow 
6 a defendant who is
not
self-employed to operate a vehicle 
7 owned by the defendant's employer that is
not equipped with 
8 an ignition interlock device in the course and scope of the

9 defendant's employment;


10  (15) Comply with the terms and conditions of an order 
11 of protection
issued by the court under the Illinois 
12 Domestic Violence Act of 1986 or an
order of protection 
13 issued by the court of another state, tribe, or United

14 States territory;


15  (16) Under Section 110-6.5 comply with the conditions 
16 of the drug testing
program; and


17  (17) Such other reasonable conditions as the court may 
18 impose.

19 (c) When a person is charged with an offense under Section 
2011-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

2112-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the 
22Criminal Code of 2012, involving a victim who is a
minor under 
2318 years of age living in the same household with the defendant

24at the time of the offense, in granting bail or releasing the 
25defendant on
his own recognizance, the judge shall impose 
26conditions to restrict the
defendant's access to the victim 
 
 
HB0674- 180 -LRB100 07853 SLF 17922 b


1which may include, but are not limited to
conditions that he 
2will:


3  1. Vacate the household.


4  2. Make payment of temporary support to his dependents.


5  3. Refrain from contact or communication with the child 
6 victim, except
as ordered by the court.

7 (d) When a person is charged with a criminal offense and 
8the victim is
a family or household member as defined in 
9Article 112A, conditions shall
be imposed at the time of the 
10defendant's release on bond that restrict the
defendant's 
11access to the victim.
Unless provided otherwise by the court, 
12the
restrictions shall include
requirements that the defendant 
13do the following:


14  (1) refrain from contact or communication with the 
15 victim for a
minimum period of 72 hours following the 
16 defendant's release; and


17  (2) refrain from entering or remaining at the victim's 
18 residence for a
minimum period of 72 hours following the 
19 defendant's release.

20 (e) Local law enforcement agencies shall develop 
21standardized bond forms
for use in cases involving family or 
22household members as defined in
Article 112A, including 
23specific conditions of bond as provided in
subsection (d). 
24Failure of any law enforcement department to develop or use

25those forms shall in no way limit the applicability and 
26enforcement of
subsections (d) and (f).

 
 
HB0674- 181 -LRB100 07853 SLF 17922 b


1 (f) If the defendant is admitted to bail after conviction 
2the
conditions of the bail bond shall be that he will, in 
3addition to the
conditions set forth in subsections (a) and (b) 
4hereof:


5  (1) Duly prosecute his appeal;


6  (2) Appear at such time and place as the court may 
7 direct;


8  (3) Not depart this State without leave of the court;


9  (4) Comply with such other reasonable conditions as the 
10 court may
impose; and


11  (5) If the judgment is affirmed or the cause reversed 
12 and remanded
for a new trial, forthwith surrender to the 
13 officer from whose custody
he was bailed.

14 (g) Upon a finding of guilty for any felony offense, the 
15defendant shall
physically surrender, at a time and place 
16designated by the court,
any and all firearms in his or her 
17possession and his or her Firearm Owner's
Identification Card 
18as a condition of remaining on bond pending sentencing.

19(Source: P.A. 99-797, eff. 8-12-16.)


20 (725 ILCS 5/112A-11.1)
21 Sec. 112A-11.1. Procedure for determining whether certain 
22misdemeanor crimes
are crimes of domestic violence for purposes 
23of federal
law.
24 (a) When a defendant has been charged with a violation of 
25Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the 
 
 
HB0674- 182 -LRB100 07853 SLF 17922 b


1Criminal Code of 1961 or the Criminal Code of 2012, the State 
2may, at arraignment or no later than 45 days after arraignment, 
3for the purpose of notification to the Department of State 
4Police Firearm Owner's Identification Card Office, serve on the 
5defendant and file with the court a notice alleging that 
6conviction of the offense would subject the defendant to the 
7prohibitions of 18 U.S.C. 922(g)(9) because of the relationship 
8between the defendant and the alleged victim and the nature of 
9the alleged offense.
10 (b) The notice shall include the name of the person alleged 
11to be the victim of the crime and shall specify the nature of 
12the alleged relationship as set forth in 18 U.S.C. 
13921(a)(33)(A)(ii). It shall also specify the element of the 
14charged offense which requires the use or attempted use of 
15physical force, or the threatened use of a deadly weapon, as 
16set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include 
17notice that the defendant is entitled to a hearing on the 
18allegation contained in the notice and that if the allegation 
19is sustained, that determination and conviction shall be 
20reported to the Department of State Police Firearm Owner's 
21Identification Card Office.
22 (c) After having been notified as provided in subsection 
23(b) of this Section, the defendant may stipulate or admit, 
24orally on the record or in writing, that conviction of the 
25offense would subject the defendant to the prohibitions of 18 
26U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. 
 
 
HB0674- 183 -LRB100 07853 SLF 17922 b


1922(g)(9) shall be deemed established for purposes of Section 
2112A-11.2. If the defendant denies the applicability of 18 
3U.S.C. 922(g)(9) as alleged in the notice served by the State, 
4or stands mute with respect to that allegation, then the State 
5shall bear the burden to prove beyond a reasonable doubt that 
6the offense is one to which the prohibitions of 18 U.S.C. 
7922(g)(9) apply. The court may consider reliable hearsay 
8evidence submitted by either party provided that it is relevant 
9to the determination of the allegation. Facts previously proven 
10at trial or elicited at the time of entry of a plea of guilty 
11shall be deemed established beyond a reasonable doubt and shall 
12not be relitigated. At the conclusion of the hearing, or upon a 
13stipulation or admission, as applicable, the court shall make a 
14specific written determination with respect to the allegation.

15(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)

16 (725 ILCS 5/112A-11.2)
17 Sec. 112A-11.2. Notification to the Department of State 
18Police Firearm Owner's Identification Card Office of

19determinations in certain misdemeanor cases. Upon judgment of 
20conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, 
2112-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal 
22Code of 2012 when the defendant has been determined, under 
23Section 112A-11.1, to be subject to the prohibitions of 18 
24U.S.C. 922(g)(9), the circuit court clerk shall include 
25notification and a copy of the written determination in a 
 
 
HB0674- 184 -LRB100 07853 SLF 17922 b


1report of the conviction to the Department of State Police 
2Firearm Owner's Identification Card Office to enable the office 
3to report that determination to the Federal Bureau of 
4Investigation and assist the Bureau in identifying persons 
5prohibited from purchasing and possessing a firearm pursuant to 
6the provisions of 18 U.S.C. 922.

7(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)



8 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)


9 Sec. 112A-14. Order of protection; remedies. 

10 (a) Issuance of order. If the court finds that petitioner 
11has been
abused by a family or household member, as defined in 
12this Article, an
order of protection prohibiting such abuse 
13shall issue; provided that
petitioner must also satisfy the 
14requirements of one of the following
Sections, as appropriate: 
15Section 112A-17 on emergency orders, Section
112A-18 on interim 
16orders, or Section 112A-19 on
plenary orders.
Petitioner shall 
17not be denied an order of protection because petitioner or

18respondent is a minor. The court, when determining whether or 
19not to issue
an order of protection, shall not require physical 
20manifestations of abuse
on the person of the victim. 
21Modification and extension of prior orders of
protection shall 
22be in accordance with this Article.

23 (b) Remedies and standards. The remedies to be included in 
24an order of
protection shall be determined in accordance with 
25this Section and one of
the following Sections, as appropriate: 
 
 
HB0674- 185 -LRB100 07853 SLF 17922 b


1Section 112A-17 on
emergency orders,
Section 112A-18 on interim 
2orders, and Section 112A-19 on
plenary orders.
The remedies 
3listed in this subsection shall be in addition to other civil

4or criminal remedies available to petitioner.

5  (1) Prohibition of abuse. Prohibit respondent's 
6 harassment,
interference with personal liberty, 
7 intimidation of a dependent, physical
abuse or willful 
8 deprivation, as defined in this Article, if such abuse has

9 occurred or otherwise appears likely to occur if not 
10 prohibited.

11  (2) Grant of exclusive possession of residence. 
12 Prohibit respondent
from entering or remaining in any 
13 residence, household, or premises of the petitioner,

14 including one owned or leased by respondent, if petitioner 
15 has a right
to occupancy thereof. The grant of exclusive 
16 possession of the residence, household, or premises
shall 
17 not affect title to real property, nor shall the court be 
18 limited by
the standard set forth in Section 701 of the 
19 Illinois Marriage and
Dissolution of Marriage Act.

20   (A) Right to occupancy. A party has a right to 
21 occupancy of a
residence or household if it is
solely 
22 or jointly owned or leased by that party, that party's 
23 spouse, a
person with a legal duty to support that 
24 party or a minor child in that
party's care, or by any 
25 person or entity other than the opposing party that

26 authorizes that party's occupancy (e.g., a domestic 
 
 
HB0674- 186 -LRB100 07853 SLF 17922 b


1 violence shelter).
Standards set forth in subparagraph 
2 (B) shall not preclude equitable relief.

3   (B) Presumption of hardships. If petitioner and 
4 respondent
each has the right to occupancy of a 
5 residence or household, the court
shall balance (i) the 
6 hardships to respondent and any minor child or

7 dependent adult in respondent's care resulting from 
8 entry of this remedy with (ii)
the hardships to 
9 petitioner and any minor child or dependent adult in

10 petitioner's care resulting from continued exposure to 
11 the risk of abuse (should
petitioner remain at the 
12 residence or household) or from loss of possession
of 
13 the residence or household (should petitioner leave to 
14 avoid the risk
of abuse). When determining the balance 
15 of hardships, the court shall also
take into account 
16 the accessibility of the residence or household.

17 Hardships need not be balanced if respondent does not 
18 have a right to occupancy.

19   The balance of hardships is presumed to favor 
20 possession by
petitioner unless the presumption is 
21 rebutted by a preponderance of the
evidence, showing 
22 that the hardships to respondent substantially 
23 outweigh
the hardships to petitioner and any minor 
24 child or dependent adult in petitioner's
care. The 
25 court, on the request of petitioner or on its own 
26 motion,
may order respondent to provide suitable, 
 
 
HB0674- 187 -LRB100 07853 SLF 17922 b


1 accessible, alternate housing
for petitioner instead 
2 of
excluding respondent from a mutual residence or 
3 household.

4  (3) Stay away order and additional prohibitions.
Order 
5 respondent to stay away from petitioner or any other person

6 protected by the order of protection, or prohibit 
7 respondent from entering
or remaining present at 
8 petitioner's school, place of employment, or other

9 specified places at times when petitioner is present, or 
10 both, if
reasonable, given
the balance of hardships. 
11 Hardships need not be balanced for the court
to enter a 
12 stay away order or prohibit entry
if respondent has no 
13 right to enter the premises.

14  If an order of protection grants petitioner exclusive 
15 possession
of the residence, or prohibits respondent from 
16 entering the residence,
or orders respondent to stay away 
17 from petitioner or other
protected persons, then the court 
18 may allow respondent access to the
residence to remove 
19 items of clothing and personal adornment
used exclusively 
20 by respondent, medications, and other items as the court 
21 directs.
The right to access shall be exercised on only one 
22 occasion as the court directs
and in the presence of an 
23 agreed-upon adult third party or law enforcement officer.

24  (4) Counseling. Require or recommend the respondent to 
25 undergo
counseling for a specified duration with a social 
26 worker, psychologist,
clinical psychologist, psychiatrist, 
 
 
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1 family service agency, alcohol or
substance abuse program, 
2 mental health center guidance counselor, agency
providing 
3 services to elders, program designed for domestic violence

4 abusers or any other guidance service the court deems 
5 appropriate. The court may order the respondent in any 
6 intimate partner relationship to report to an Illinois 
7 Department of Human Services protocol approved partner 
8 abuse intervention program for an assessment and to follow 
9 all recommended treatment. 

10  (5) Physical care and possession of the minor child. In 
11 order to protect
the minor child from abuse, neglect, or 
12 unwarranted separation from the person
who has been the 
13 minor child's primary caretaker, or to otherwise protect 
14 the
well-being of the minor child, the court may do either 
15 or both of the following:
(i) grant petitioner physical 
16 care or possession of the minor child, or both, or
(ii) 
17 order respondent to return a minor child to, or not remove 
18 a minor child
from, the physical care of a parent or person 
19 in loco parentis.

20  If a court finds, after a hearing, that respondent has 
21 committed abuse
(as defined in Section 112A-3) of a minor 
22 child, there shall be a
rebuttable presumption that 
23 awarding physical care to respondent would not
be in the 
24 minor child's best interest.

25  (6) Temporary legal custody.
Award temporary legal 
26 custody to petitioner in accordance with this Section,
the 
 
 
HB0674- 189 -LRB100 07853 SLF 17922 b


1 Illinois Marriage
and Dissolution of Marriage Act, the 
2 Illinois Parentage Act of 2015,
and this State's Uniform 
3 Child-Custody
Jurisdiction and Enforcement Act. 

4  If a court finds, after a hearing, that respondent
has 
5 committed abuse (as defined in Section 112A-3) of a
minor 
6 child, there shall be a rebuttable presumption that 
7 awarding
temporary legal custody to respondent would not be 
8 in the
child's best interest.

9  (7) Visitation. Determine the
visitation rights, if 
10 any, of respondent in any case in which the court
awards 
11 physical care or temporary legal custody of a minor child 
12 to
petitioner. The court shall restrict or deny 
13 respondent's visitation with
a minor child if
the court 
14 finds that respondent has done or is likely to do any of 
15 the
following: (i) abuse or endanger the minor child during 
16 visitation; (ii) use the
visitation as an opportunity to 
17 abuse or harass petitioner or
petitioner's family or 
18 household members; (iii) improperly conceal or
detain the 
19 minor child; or (iv) otherwise act in a manner that is not 
20 in
the best interests of the minor child. The court shall 
21 not be limited by the
standards set forth in Section 607.1 
22 of the Illinois Marriage and
Dissolution of Marriage Act. 
23 If the court grants visitation, the order
shall specify 
24 dates and times for the visitation to take place or other

25 specific parameters or conditions that are appropriate. No 
26 order for
visitation shall refer merely to the term 
 
 
HB0674- 190 -LRB100 07853 SLF 17922 b


1 "reasonable visitation".

2  Petitioner may deny respondent access to the minor 
3 child if, when
respondent arrives for visitation, 
4 respondent is under the influence of drugs
or alcohol and 
5 constitutes a threat to the safety and well-being of

6 petitioner or petitioner's minor children or is behaving in 
7 a violent or abusive manner.

8  If necessary to protect any member of petitioner's 
9 family or
household from future abuse, respondent shall be 
10 prohibited from coming to
petitioner's residence to meet 
11 the minor child for visitation, and the
parties shall 
12 submit to the court their recommendations for reasonable

13 alternative arrangements for visitation. A person may be 
14 approved to
supervise visitation only after filing an 
15 affidavit accepting
that responsibility and acknowledging 
16 accountability to the court.

17  (8) Removal or concealment of minor child.
Prohibit 
18 respondent from
removing a minor child from the State or 
19 concealing the child within the
State.

20  (9) Order to appear. Order the respondent to
appear in 
21 court, alone
or with a minor child, to prevent abuse, 
22 neglect, removal or concealment of
the child, to return the 
23 child to the custody or care of the petitioner or
to permit 
24 any court-ordered interview or examination of the child or 
25 the
respondent.

26  (10) Possession of personal property. Grant petitioner 
 
 
HB0674- 191 -LRB100 07853 SLF 17922 b


1 exclusive
possession of personal property and, if 
2 respondent has possession or
control, direct respondent to 
3 promptly make it available to petitioner, if:

4   (i) petitioner, but not respondent, owns the 
5 property; or

6   (ii) the parties own the property jointly; sharing 
7 it would risk
abuse of petitioner by respondent or is 
8 impracticable; and the balance of
hardships favors 
9 temporary possession by petitioner.

10  If petitioner's sole claim to ownership of the property 
11 is that it is
marital property, the court may award 
12 petitioner temporary possession
thereof under the 
13 standards of subparagraph (ii) of this paragraph only if
a 
14 proper proceeding has been filed under the Illinois 
15 Marriage and
Dissolution of Marriage Act, as now or 
16 hereafter amended.

17  No order under this provision shall affect title to 
18 property.

19  (11) Protection of property. Forbid the respondent 
20 from taking,
transferring, encumbering, concealing, 
21 damaging or otherwise disposing of
any real or personal 
22 property, except as explicitly authorized by the
court, if:

23   (i) petitioner, but not respondent, owns the 
24 property; or

25   (ii) the parties own the property jointly,
and the 
26 balance of hardships favors granting this remedy.

 
 
HB0674- 192 -LRB100 07853 SLF 17922 b


1  If petitioner's sole claim to ownership of the property 
2 is that it is
marital property, the court may grant 
3 petitioner relief under subparagraph
(ii) of this 
4 paragraph only if a proper proceeding has been filed under 
5 the
Illinois Marriage and Dissolution of Marriage Act, as 
6 now or hereafter amended.

7  The court may further prohibit respondent from 
8 improperly using the
financial or other resources of an 
9 aged member of the family or household
for the profit or 
10 advantage of respondent or of any other person.

11  (11.5) Protection of animals. Grant the petitioner the 
12 exclusive care, custody, or control of any animal owned, 
13 possessed, leased, kept, or held by either the petitioner 
14 or the respondent or a minor child residing in the 
15 residence or household of either the petitioner or the 
16 respondent and order the respondent to stay away from the 
17 animal and forbid the respondent from taking, 
18 transferring, encumbering, concealing, harming, or 
19 otherwise disposing of the animal.

20  (12) Order for payment of support. Order
respondent to 
21 pay temporary
support for the petitioner or any child in 
22 the petitioner's care or
custody, when the respondent has a 
23 legal obligation to support that person,
in accordance with 
24 the Illinois Marriage and Dissolution
of Marriage Act, 
25 which shall govern, among other matters, the amount of

26 support, payment through the clerk and withholding of 
 
 
HB0674- 193 -LRB100 07853 SLF 17922 b


1 income to secure
payment. An order for child support may be 
2 granted to a petitioner with
lawful physical care or 
3 custody of a child, or an order or agreement for
physical 
4 care or custody, prior to entry of an order for legal 
5 custody.
Such a support order shall expire upon entry of a 
6 valid order granting
legal custody to another, unless 
7 otherwise provided in the custody order.

8  (13) Order for payment of losses. Order
respondent to 
9 pay petitioner
for losses suffered as a direct result of 
10 the abuse. Such losses shall
include, but not be limited 
11 to, medical expenses, lost earnings or other
support, 
12 repair or replacement of property damaged or taken, 
13 reasonable
attorney's fees, court costs and moving or other 
14 travel expenses, including
additional reasonable expenses 
15 for temporary shelter and restaurant meals.

16   (i) Losses affecting family needs. If a party is 
17 entitled to seek
maintenance, child support or 
18 property distribution from the other party
under the 
19 Illinois Marriage and Dissolution of Marriage Act, as 
20 now or
hereafter amended, the court may order 
21 respondent to reimburse petitioner's
actual losses, to 
22 the extent that such reimbursement would be 
23 "appropriate
temporary relief", as authorized by 
24 subsection (a)(3) of
Section 501 of that Act.

25   (ii) Recovery of expenses. In the case of an 
26 improper concealment
or removal of a minor child, the 
 
 
HB0674- 194 -LRB100 07853 SLF 17922 b


1 court may order respondent to pay the reasonable

2 expenses incurred or to be incurred in the search for 
3 and recovery of the
minor child, including but not 
4 limited to legal fees, court costs, private

5 investigator fees, and travel costs.

6  (14) Prohibition of entry. Prohibit the respondent 
7 from entering or
remaining in the residence or household 
8 while the respondent is under the
influence of alcohol or 
9 drugs and constitutes a threat to the safety and
well-being 
10 of the petitioner or the petitioner's children.

11  (14.5) Prohibition of firearm possession. 
12   (A) A person who is subject to an existing order of 
13 protection, interim order of protection, emergency 
14 order of protection, or plenary order of protection, 
15 issued under this Code may not lawfully possess 
16 firearms, stun guns, or tasers weapons under Section 
17 8.2 of the Firearm Owners Identification Card Act.
18   (B) Any firearms in the
possession of the 
19 respondent, except as provided in subparagraph (C) of 
20 this paragraph (14.5), shall be ordered by the court to 
21 be turned
over to a person who is not prohibited under 
22 State or federal law from possessing firearms with a 
23 valid Firearm Owner's Identification Card for 
24 safekeeping. The court shall issue an order that the 
25 respondent's Firearm Owner's Identification Card be 
26 turned over to the local law enforcement agency, which 
 
 
HB0674- 195 -LRB100 07853 SLF 17922 b


1 in turn shall immediately mail the card to the 
2 Department of State Police Firearm Owner's 
3 Identification Card Office for safekeeping.
The period 
4 of safekeeping shall be for the duration of the order 
5 of protection. The firearm or firearms and Firearm 
6 Owner's Identification Card, if unexpired, shall at 
7 the respondent's request be returned to the respondent 
8 at expiration of the order of protection.

9   (C) If the respondent is a peace officer as defined 
10 in Section 2-13 of
the
Criminal Code of 2012, the court 
11 shall order that any firearms used by the
respondent in 
12 the performance of his or her duties as a
peace officer 
13 be surrendered to
the chief law enforcement executive 
14 of the agency in which the respondent is
employed, who 
15 shall retain the firearms for safekeeping for the 
16 duration of the order of protection.

17   (D) Upon expiration of the period of safekeeping, 
18 if the firearms or Firearm Owner's Identification Card 
19 cannot be returned to respondent because respondent 
20 cannot be located, fails to respond to requests to 
21 retrieve the firearms, or is not lawfully eligible to 
22 possess a firearm, upon petition from the local law 
23 enforcement agency, the court may order the local law 
24 enforcement agency to destroy the firearms, use the 
25 firearms for training purposes, or for any other 
26 application as deemed appropriate by the local law 
 
 
HB0674- 196 -LRB100 07853 SLF 17922 b


1 enforcement agency; or that the firearms be turned over 
2 to a third party who is lawfully eligible to possess 
3 firearms, and who does not reside with respondent. 
4  (15) Prohibition of access to records. If an order of 
5 protection
prohibits respondent from having contact with 
6 the minor child,
or if petitioner's address is omitted 
7 under subsection (b) of
Section 112A-5, or if necessary to 
8 prevent abuse or wrongful removal or
concealment of a minor 
9 child, the order shall deny respondent access to, and

10 prohibit respondent from inspecting, obtaining, or 
11 attempting to
inspect or obtain, school or any other 
12 records of the minor child
who is in the care of 
13 petitioner.

14  (16) Order for payment of shelter services. Order 
15 respondent to
reimburse a shelter providing temporary 
16 housing and counseling services to
the petitioner for the 
17 cost of the services, as certified by the shelter
and 
18 deemed reasonable by the court.

19  (17) Order for injunctive relief. Enter injunctive 
20 relief necessary
or appropriate to prevent further abuse of 
21 a family or household member or
to effectuate one of the 
22 granted remedies, if supported by the balance of
hardships. 
23 If the harm to be prevented by the injunction is abuse or 
24 any
other harm that one of the remedies listed in 
25 paragraphs (1) through (16)
of this subsection is designed 
26 to prevent, no further evidence is necessary
to establish 
 
 
HB0674- 197 -LRB100 07853 SLF 17922 b


1 that the harm is an irreparable injury.

2 (c) Relevant factors; findings.

3  (1) In determining whether to grant a
specific remedy, 
4 other than payment of support, the
court shall consider 
5 relevant factors, including but not limited to the

6 following:

7   (i) the nature, frequency, severity, pattern and 
8 consequences of the
respondent's past abuse of the 
9 petitioner or any family or household
member, 
10 including the concealment of his or her location in 
11 order to evade
service of process or notice, and the 
12 likelihood of danger of future abuse to
petitioner or

13 any member of petitioner's or respondent's family or 
14 household; and

15   (ii) the danger that any minor child will be abused 
16 or neglected or
improperly removed from the 
17 jurisdiction, improperly concealed within the
State or 
18 improperly separated from the child's primary 
19 caretaker.

20  (2) In comparing relative hardships resulting to the 
21 parties from loss
of possession of the family home, the 
22 court shall consider relevant
factors, including but not 
23 limited to the following:

24   (i) availability, accessibility, cost, safety, 
25 adequacy, location and other
characteristics of 
26 alternate housing for each party and any minor child or

 
 
HB0674- 198 -LRB100 07853 SLF 17922 b


1 dependent adult in the party's care;

2   (ii) the effect on the party's employment; and

3   (iii) the effect on the relationship of the party, 
4 and any minor
child or dependent adult in the party's 
5 care, to family, school, church
and community.

6  (3) Subject to the exceptions set forth in paragraph 
7 (4) of this
subsection, the court shall make its findings 
8 in an official record or in
writing, and shall at a minimum 
9 set forth the following:

10   (i) That the court has considered the applicable 
11 relevant factors
described in paragraphs (1) and (2) of 
12 this subsection.

13   (ii) Whether the conduct or actions of respondent, 
14 unless
prohibited, will likely cause irreparable harm 
15 or continued abuse.

16   (iii) Whether it is necessary to grant the 
17 requested relief in order
to protect petitioner or 
18 other alleged abused persons.

19  (4) For purposes of issuing an ex parte emergency order 
20 of protection,
the court, as an alternative to or as a 
21 supplement to making the findings
described in paragraphs 
22 (c)(3)(i) through (c)(3)(iii) of this subsection, may use

23 the following procedure:

24  When a verified petition for an emergency order of 
25 protection in
accordance with the requirements of Sections 
26 112A-5 and 112A-17 is
presented to the court, the court 
 
 
HB0674- 199 -LRB100 07853 SLF 17922 b


1 shall examine petitioner on oath or
affirmation. An 
2 emergency order of protection shall be issued by the court

3 if it appears from the contents of the petition and the 
4 examination of
petitioner that the averments are 
5 sufficient to indicate abuse by
respondent and to support 
6 the granting of relief under the issuance of the
emergency 
7 order of protection.

8  (5) Never married parties. No rights or 
9 responsibilities for a minor
child born outside of marriage 
10 attach to a putative father until a father and
child 
11 relationship has been established under the Illinois 
12 Parentage Act of
1984 or under the Illinois Parentage Act 
13 of 2015 on and after the effective date of that Act. Absent 
14 such an adjudication, no putative father shall be granted

15 temporary custody of the minor child, visitation with the 
16 minor child, or
physical care
and possession of the minor 
17 child, nor shall
an order of payment for support of the 
18 minor child be entered.

19 (d) Balance of hardships; findings. If the court finds that 
20the balance
of hardships does not support the granting of a 
21remedy governed by
paragraph (2), (3), (10), (11), or (16) of

22subsection (b) of this Section,
which may require such 
23balancing, the court's findings shall so
indicate and shall 
24include a finding as to whether granting the remedy will
result 
25in hardship to respondent that would substantially outweigh the 
26hardship
to petitioner
from denial of the remedy. The findings 
 
 
HB0674- 200 -LRB100 07853 SLF 17922 b


1shall be an official record or in
writing.

2 (e) Denial of remedies. Denial of any remedy shall not be 
3based, in
whole or in part, on evidence that:

4  (1) Respondent has cause for any use of force, unless 
5 that cause
satisfies the standards for justifiable use of 
6 force provided by Article
7 of the Criminal Code of 2012;

7  (2) Respondent was voluntarily intoxicated;

8  (3) Petitioner acted in self-defense or defense of 
9 another, provided
that, if petitioner utilized force, such 
10 force was justifiable under
Article 7 of the Criminal Code 
11 of 2012; 

12  (4) Petitioner did not act in self-defense or defense 
13 of another;

14  (5) Petitioner left the residence or household to avoid 
15 further abuse
by respondent;

16  (6) Petitioner did not leave the residence or household 
17 to avoid further
abuse by respondent;

18  (7) Conduct by any family or household member excused 
19 the abuse by
respondent, unless that same conduct would 
20 have excused such abuse if the
parties had not been family 
21 or household members.

22(Source: P.A. 98-63, eff. 7-9-13; 99-85, eff. 1-1-16.)


23 Section 95. The Unified Code of Corrections is amended by 
24changing Sections 5-5-3, 5-5-3.2, and 5-6-3 as follows:


 
 
HB0674- 201 -LRB100 07853 SLF 17922 b


1 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)



2 Sec. 5-5-3. Disposition. 

3 (a) (Blank).

4 (b) (Blank). 

5 (c) (1) (Blank).

6 (2) A period of probation, a term of periodic imprisonment 
7or
conditional discharge shall not be imposed for the following 
8offenses.
The court shall sentence the offender to not less 
9than the minimum term
of imprisonment set forth in this Code 
10for the following offenses, and
may order a fine or restitution 
11or both in conjunction with such term of
imprisonment:

12  (A) First degree murder where the death penalty is not 
13 imposed.

14  (B) Attempted first degree murder.

15  (C) A Class X felony.

16  (D) A violation of Section 401.1 or 407 of the
Illinois 
17 Controlled Substances Act, or a violation of subdivision 
18 (c)(1.5) or
(c)(2) of
Section 401 of that Act which relates 
19 to more than 5 grams of a substance
containing cocaine, 
20 fentanyl, or an analog thereof.

21  (D-5) A violation of subdivision (c)(1) of
Section 401 
22 of the Illinois Controlled Substances Act which relates to 
23 3 or more grams of a substance
containing heroin or an 
24 analog thereof. 
25  (E) A violation of Section 5.1 or 9 of the Cannabis 
26 Control
Act.

 
 
HB0674- 202 -LRB100 07853 SLF 17922 b


1  (F) A Class 2 or greater felony if the offender had 
2 been convicted
of a Class 2 or greater felony, including 
3 any state or federal conviction for an offense that 
4 contained, at the time it was committed, the same elements 
5 as an offense now (the date of the offense committed after 
6 the prior Class 2 or greater felony) classified as a Class 
7 2 or greater felony, within 10 years of the date on which 
8 the
offender
committed the offense for which he or she is 
9 being sentenced, except as
otherwise provided in Section 
10 40-10 of the Alcoholism and Other Drug Abuse and
Dependency 
11 Act.

12  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of 
13 the Criminal Code of 1961 or the Criminal Code of 2012 for 
14 which imprisonment is prescribed in those Sections.
15  (G) Residential burglary, except as otherwise provided 
16 in Section 40-10
of the Alcoholism and Other Drug Abuse and 
17 Dependency Act.

18  (H) Criminal sexual assault.

19  (I) Aggravated battery of a senior citizen as described 
20 in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 
21 of the Criminal Code of 1961 or the Criminal Code of 2012.

22  (J) A forcible felony if the offense was related to the 
23 activities of an
organized gang.

24  Before July 1, 1994, for the purposes of this 
25 paragraph, "organized
gang" means an association of 5 or 
26 more persons, with an established hierarchy,
that 
 
 
HB0674- 203 -LRB100 07853 SLF 17922 b


1 encourages members of the association to perpetrate crimes 
2 or provides
support to the members of the association who 
3 do commit crimes.

4  Beginning July 1, 1994, for the purposes of this 
5 paragraph,
"organized gang" has the meaning ascribed to it 
6 in Section 10 of the Illinois
Streetgang Terrorism Omnibus 
7 Prevention Act.

8  (K) Vehicular hijacking.

9  (L) A second or subsequent conviction for the offense 
10 of hate crime
when the underlying offense upon which the 
11 hate crime is based is felony
aggravated
assault or felony 
12 mob action.

13  (M) A second or subsequent conviction for the offense 
14 of institutional
vandalism if the damage to the property 
15 exceeds $300.

16  (N) (Blank). A Class 3 felony violation of paragraph 
17 (1) of subsection (a) of
Section 2 of the Firearm Owners 
18 Identification Card Act.

19  (O) A violation of Section 12-6.1 or 12-6.5 of the 
20 Criminal Code of 1961 or the Criminal Code of 2012.

21  (P) A violation of paragraph (1), (2), (3), (4), (5), 
22 or (7) of
subsection (a)
of Section 11-20.1 of the Criminal 
23 Code of 1961 or the Criminal Code of 2012.

24  (Q) A violation of subsection (b) or (b-5) of Section 
25 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal 
26 Code of
1961 or the Criminal Code of 2012.

 
 
HB0674- 204 -LRB100 07853 SLF 17922 b


1  (R) A violation of Section 24-3A of the Criminal Code 
2 of
1961 or the Criminal Code of 2012.

3  (S) (Blank).

4  (T) A second or subsequent violation of the 
5 Methamphetamine Control and Community Protection Act.

6  (U) A second or subsequent violation of Section 6-303 
7 of the Illinois Vehicle Code committed while his or her 
8 driver's license, permit, or privilege was revoked because 
9 of a violation of Section 9-3 of the Criminal Code of 1961 
10 or the Criminal Code of 2012, relating to the offense of 
11 reckless homicide, or a similar provision of a law of 
12 another state.

13  (V)
A violation of paragraph (4) of subsection (c) of 
14 Section 11-20.1B or paragraph (4) of subsection (c) of 
15 Section 11-20.3 of the Criminal Code of 1961, or paragraph 
16 (6) of subsection (a) of Section 11-20.1 of the Criminal 
17 Code of 2012 when the victim is under 13 years of age and 
18 the defendant has previously been convicted under the laws 
19 of this State or any other state of the offense of child 
20 pornography, aggravated child pornography, aggravated 
21 criminal sexual abuse, aggravated criminal sexual assault, 
22 predatory criminal sexual assault of a child, or any of the 
23 offenses formerly known as rape, deviate sexual assault, 
24 indecent liberties with a child, or aggravated indecent 
25 liberties with a child where the victim was under the age 
26 of 18 years or an offense that is substantially equivalent 
 
 
HB0674- 205 -LRB100 07853 SLF 17922 b


1 to those offenses.
2  (W) A violation of Section 24-3.5 of the Criminal Code 
3 of 1961 or the Criminal Code of 2012.

4  (X) A violation of subsection (a) of Section 31-1a of 
5 the Criminal Code of 1961 or the Criminal Code of 2012.
6  (Y) A conviction for unlawful possession of a firearm 
7 by a street gang member when the firearm was loaded or 
8 contained firearm ammunition. 
9  (Z) A Class 1 felony committed while he or she was 
10 serving a term of probation or conditional discharge for a 
11 felony.
12  (AA) Theft of property exceeding $500,000 and not 
13 exceeding $1,000,000 in value.
14  (BB) Laundering of criminally derived property of a 
15 value exceeding
$500,000.
16  (CC) Knowingly selling, offering for sale, holding for 
17 sale, or using 2,000 or more counterfeit items or 
18 counterfeit items having a retail value in the aggregate of 
19 $500,000 or more. 
20  (DD) A conviction for aggravated assault under 
21 paragraph (6) of subsection (c) of Section 12-2 of the 
22 Criminal Code of 1961 or the Criminal Code of 2012 if the 
23 firearm is aimed toward the person against whom the firearm 
24 is being used. 
25  (EE) A conviction for a violation of paragraph (2) of 
26 subsection (a) of Section 24-3B of the Criminal Code of 
 
 
HB0674- 206 -LRB100 07853 SLF 17922 b


1 2012. 
2 (3) (Blank).

3 (4) A minimum term of imprisonment of not less than 10

4consecutive days or 30 days of community service shall be 
5imposed for a
violation of paragraph (c) of Section 6-303 of 
6the Illinois Vehicle Code.

7 (4.1) (Blank).

8 (4.2) Except as provided in paragraphs (4.3) and (4.8) of 
9this subsection (c), a
minimum of
100 hours of community 
10service shall be imposed for a second violation of
Section 
116-303
of the Illinois Vehicle Code.

12 (4.3) A minimum term of imprisonment of 30 days or 300 
13hours of community
service, as determined by the court, shall

14be imposed for a second violation of subsection (c) of Section 
156-303 of the
Illinois Vehicle Code.

16 (4.4) Except as provided in paragraphs
(4.5), (4.6), and 
17(4.9) of this
subsection (c), a
minimum term of imprisonment of 
1830 days or 300 hours of community service, as
determined by the 
19court, shall
be imposed
for a third or subsequent violation of 
20Section 6-303 of the Illinois Vehicle
Code.

21 (4.5) A minimum term of imprisonment of 30 days
shall be 
22imposed for a third violation of subsection (c) of
Section 
236-303 of the Illinois Vehicle Code.

24 (4.6) Except as provided in paragraph (4.10) of this 
25subsection (c), a minimum term of imprisonment of 180 days 
26shall be imposed for a
fourth or subsequent violation of 
 
 
HB0674- 207 -LRB100 07853 SLF 17922 b


1subsection (c) of Section 6-303 of the
Illinois Vehicle Code.

2 (4.7) A minimum term of imprisonment of not less than 30 
3consecutive days, or 300 hours of community service, shall be 
4imposed for a violation of subsection (a-5) of Section 6-303 of 
5the Illinois Vehicle Code, as provided in subsection (b-5) of 
6that Section.

7 (4.8) A mandatory prison sentence shall be imposed for a 
8second violation of subsection (a-5) of Section 6-303 of the 
9Illinois Vehicle Code, as provided in subsection (c-5) of that 
10Section. The person's driving privileges shall be revoked for a 
11period of not less than 5 years from the date of his or her 
12release from prison.

13 (4.9) A mandatory prison sentence of not less than 4 and 
14not more than 15 years shall be imposed for a third violation 
15of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
16Code, as provided in subsection (d-2.5) of that Section. The 
17person's driving privileges shall be revoked for the remainder 
18of his or her life.

19 (4.10) A mandatory prison sentence for a Class 1 felony 
20shall be imposed, and the person shall be eligible for an 
21extended term sentence, for a fourth or subsequent violation of 
22subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, 
23as provided in subsection (d-3.5) of that Section. The person's 
24driving privileges shall be revoked for the remainder of his or 
25her life.

26 (5) The court may sentence a corporation or unincorporated

 
 
HB0674- 208 -LRB100 07853 SLF 17922 b


1association convicted of any offense to:

2  (A) a period of conditional discharge;

3  (B) a fine;

4  (C) make restitution to the victim under Section 5-5-6 
5 of this Code.

6 (5.1) In addition to any other penalties imposed, and 
7except as provided in paragraph (5.2) or (5.3), a person

8convicted of violating subsection (c) of Section 11-907 of the 
9Illinois
Vehicle Code shall have his or her driver's license, 
10permit, or privileges
suspended for at least 90 days but not 
11more than one year, if the violation
resulted in damage to the 
12property of another person.

13 (5.2) In addition to any other penalties imposed, and 
14except as provided in paragraph (5.3), a person convicted
of 
15violating subsection (c) of Section 11-907 of the Illinois 
16Vehicle Code
shall have his or her driver's license, permit, or 
17privileges suspended for at
least 180 days but not more than 2 
18years, if the violation resulted in injury
to
another person.

19 (5.3) In addition to any other penalties imposed, a person 
20convicted of violating subsection (c) of Section
11-907 of the 
21Illinois Vehicle Code shall have his or her driver's license,

22permit, or privileges suspended for 2 years, if the violation 
23resulted in the
death of another person.

24 (5.4) In addition to any other penalties imposed, a person 
25convicted of violating Section 3-707 of the Illinois Vehicle 
26Code shall have his or her driver's license, permit, or 
 
 
HB0674- 209 -LRB100 07853 SLF 17922 b


1privileges suspended for 3 months and until he or she has paid 
2a reinstatement fee of $100.
3 (5.5) In addition to any other penalties imposed, a person 
4convicted of violating Section 3-707 of the Illinois Vehicle 
5Code during a period in which his or her driver's license, 
6permit, or privileges were suspended for a previous violation 
7of that Section shall have his or her driver's license, permit, 
8or privileges suspended for an additional 6 months after the 
9expiration of the original 3-month suspension and until he or 
10she has paid a reinstatement fee of $100.

11 (6) (Blank).

12 (7) (Blank).

13 (8) (Blank).

14 (9) A defendant convicted of a second or subsequent offense 
15of ritualized
abuse of a child may be sentenced to a term of 
16natural life imprisonment.

17 (10) (Blank).

18 (11) The court shall impose a minimum fine of $1,000 for a 
19first offense
and $2,000 for a second or subsequent offense 
20upon a person convicted of or
placed on supervision for battery 
21when the individual harmed was a sports
official or coach at 
22any level of competition and the act causing harm to the
sports

23official or coach occurred within an athletic facility or 
24within the immediate vicinity
of the athletic facility at which 
25the sports official or coach was an active
participant
of the 
26athletic contest held at the athletic facility. For the 
 
 
HB0674- 210 -LRB100 07853 SLF 17922 b


1purposes of
this paragraph (11), "sports official" means a 
2person at an athletic contest
who enforces the rules of the 
3contest, such as an umpire or referee; "athletic facility" 
4means an indoor or outdoor playing field or recreational area 
5where sports activities are conducted;
and "coach" means a 
6person recognized as a coach by the sanctioning
authority that 
7conducted the sporting event.
8 (12) A person may not receive a disposition of court 
9supervision for a
violation of Section 5-16 of the Boat 
10Registration and Safety Act if that
person has previously 
11received a disposition of court supervision for a
violation of 
12that Section.

13 (13) A person convicted of or placed on court supervision 
14for an assault or aggravated assault when the victim and the 
15offender are family or household members as defined in Section 
16103 of the Illinois Domestic Violence Act of 1986 or convicted 
17of domestic battery or aggravated domestic battery may be 
18required to attend a Partner Abuse Intervention Program under 
19protocols set forth by the Illinois Department of Human 
20Services under such terms and conditions imposed by the court. 
21The costs of such classes shall be paid by the offender.

22 (d) In any case in which a sentence originally imposed is 
23vacated,
the case shall be remanded to the trial court. The 
24trial court shall
hold a hearing under Section 5-4-1 of the 
25Unified Code of Corrections
which may include evidence of the 
26defendant's life, moral character and
occupation during the 
 
 
HB0674- 211 -LRB100 07853 SLF 17922 b


1time since the original sentence was passed. The
trial court 
2shall then impose sentence upon the defendant. The trial
court 
3may impose any sentence which could have been imposed at the

4original trial subject to Section 5-5-4 of the Unified Code of 
5Corrections.
If a sentence is vacated on appeal or on 
6collateral attack due to the
failure of the trier of fact at 
7trial to determine beyond a reasonable doubt
the
existence of a 
8fact (other than a prior conviction) necessary to increase the

9punishment for the offense beyond the statutory maximum 
10otherwise applicable,
either the defendant may be re-sentenced 
11to a term within the range otherwise
provided or, if the State 
12files notice of its intention to again seek the
extended 
13sentence, the defendant shall be afforded a new trial.

14 (e) In cases where prosecution for
aggravated criminal 
15sexual abuse under Section 11-1.60 or 12-16 of the
Criminal 
16Code of 1961 or the Criminal Code of 2012 results in conviction 
17of a defendant
who was a family member of the victim at the 
18time of the commission of the
offense, the court shall consider 
19the safety and welfare of the victim and
may impose a sentence 
20of probation only where:

21  (1) the court finds (A) or (B) or both are appropriate:

22   (A) the defendant is willing to undergo a court 
23 approved counseling
program for a minimum duration of 2 
24 years; or

25   (B) the defendant is willing to participate in a 
26 court approved plan
including but not limited to the 
 
 
HB0674- 212 -LRB100 07853 SLF 17922 b


1 defendant's:

2    (i) removal from the household;

3    (ii) restricted contact with the victim;

4    (iii) continued financial support of the 
5 family;

6    (iv) restitution for harm done to the victim; 
7 and

8    (v) compliance with any other measures that 
9 the court may
deem appropriate; and

10  (2) the court orders the defendant to pay for the 
11 victim's counseling
services, to the extent that the court 
12 finds, after considering the
defendant's income and 
13 assets, that the defendant is financially capable of
paying 
14 for such services, if the victim was under 18 years of age 
15 at the
time the offense was committed and requires 
16 counseling as a result of the
offense.

17 Probation may be revoked or modified pursuant to Section 
185-6-4; except
where the court determines at the hearing that 
19the defendant violated a
condition of his or her probation 
20restricting contact with the victim or
other family members or 
21commits another offense with the victim or other
family 
22members, the court shall revoke the defendant's probation and

23impose a term of imprisonment.

24 For the purposes of this Section, "family member" and 
25"victim" shall have
the meanings ascribed to them in Section 
2611-0.1 of the Criminal Code of
2012.

 
 
HB0674- 213 -LRB100 07853 SLF 17922 b


1 (f) (Blank).

2 (g) Whenever a defendant is convicted of an offense under 
3Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, 
411-14.3, 11-14.4 except for an offense that involves keeping a 
5place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 
611-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 
712-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the 
8Criminal Code of 2012,
the defendant shall undergo medical 
9testing to
determine whether the defendant has any sexually 
10transmissible disease,
including a test for infection with 
11human immunodeficiency virus (HIV) or
any other identified 
12causative agent of acquired immunodeficiency syndrome
(AIDS). 
13Any such medical test shall be performed only by appropriately

14licensed medical practitioners and may include an analysis of 
15any bodily
fluids as well as an examination of the defendant's 
16person.
Except as otherwise provided by law, the results of 
17such test shall be kept
strictly confidential by all medical 
18personnel involved in the testing and must
be personally 
19delivered in a sealed envelope to the judge of the court in 
20which
the conviction was entered for the judge's inspection in 
21camera. Acting in
accordance with the best interests of the 
22victim and the public, the judge
shall have the discretion to 
23determine to whom, if anyone, the results of the
testing may be 
24revealed. The court shall notify the defendant
of the test 
25results. The court shall
also notify the victim if requested by 
26the victim, and if the victim is under
the age of 15 and if 
 
 
HB0674- 214 -LRB100 07853 SLF 17922 b


1requested by the victim's parents or legal guardian, the
court 
2shall notify the victim's parents or legal guardian of the test

3results.
The court shall provide information on the 
4availability of HIV testing
and counseling at Department of 
5Public Health facilities to all parties to
whom the results of 
6the testing are revealed and shall direct the State's
Attorney 
7to provide the information to the victim when possible.
A 
8State's Attorney may petition the court to obtain the results 
9of any HIV test
administered under this Section, and the court 
10shall grant the disclosure if
the State's Attorney shows it is 
11relevant in order to prosecute a charge of
criminal 
12transmission of HIV under Section 12-5.01 or 12-16.2 of the 
13Criminal Code of 1961 or the Criminal Code of 2012
against the 
14defendant. The court shall order that the cost of any such test

15shall be paid by the county and may be taxed as costs against 
16the convicted
defendant.

17 (g-5) When an inmate is tested for an airborne communicable 
18disease, as
determined by the Illinois Department of Public 
19Health including but not
limited to tuberculosis, the results 
20of the test shall be
personally delivered by the warden or his 
21or her designee in a sealed envelope
to the judge of the court 
22in which the inmate must appear for the judge's
inspection in 
23camera if requested by the judge. Acting in accordance with the

24best interests of those in the courtroom, the judge shall have 
25the discretion
to determine what if any precautions need to be 
26taken to prevent transmission
of the disease in the courtroom.

 
 
HB0674- 215 -LRB100 07853 SLF 17922 b


1 (h) Whenever a defendant is convicted of an offense under 
2Section 1 or 2
of the Hypodermic Syringes and Needles Act, the 
3defendant shall undergo
medical testing to determine whether 
4the defendant has been exposed to human
immunodeficiency virus 
5(HIV) or any other identified causative agent of
acquired 
6immunodeficiency syndrome (AIDS). Except as otherwise provided 
7by
law, the results of such test shall be kept strictly 
8confidential by all
medical personnel involved in the testing 
9and must be personally delivered in a
sealed envelope to the 
10judge of the court in which the conviction was entered
for the 
11judge's inspection in camera. Acting in accordance with the 
12best
interests of the public, the judge shall have the 
13discretion to determine to
whom, if anyone, the results of the 
14testing may be revealed. The court shall
notify the defendant 
15of a positive test showing an infection with the human

16immunodeficiency virus (HIV). The court shall provide 
17information on the
availability of HIV testing and counseling 
18at Department of Public Health
facilities to all parties to 
19whom the results of the testing are revealed and
shall direct 
20the State's Attorney to provide the information to the victim 
21when
possible. A State's Attorney may petition the court to 
22obtain the results of
any HIV test administered under this 
23Section, and the court shall grant the
disclosure if the 
24State's Attorney shows it is relevant in order to prosecute a

25charge of criminal transmission of HIV under Section 12-5.01 or 
2612-16.2 of the Criminal
Code of 1961 or the Criminal Code of 
 
 
HB0674- 216 -LRB100 07853 SLF 17922 b


12012 against the defendant. The court shall order that the cost 
2of any
such test shall be paid by the county and may be taxed as 
3costs against the
convicted defendant.

4 (i) All fines and penalties imposed under this Section for 
5any violation
of Chapters 3, 4, 6, and 11 of the Illinois 
6Vehicle Code, or a similar
provision of a local ordinance, and 
7any violation
of the Child Passenger Protection Act, or a 
8similar provision of a local
ordinance, shall be collected and 
9disbursed by the circuit
clerk as provided under Section 27.5 
10of the Clerks of Courts Act.

11 (j) In cases when prosecution for any violation of Section 
1211-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, 
1311-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 
1411-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 
1511-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 
1612-15, or
12-16 of the
Criminal Code of 1961 or the Criminal 
17Code of 2012, any violation of the Illinois Controlled 
18Substances Act,
any violation of the Cannabis Control Act, or 
19any violation of the Methamphetamine Control and Community 
20Protection Act results in conviction, a
disposition of court 
21supervision, or an order of probation granted under
Section 10 
22of the Cannabis Control Act, Section 410 of the Illinois

23Controlled Substances Act, or Section 70 of the Methamphetamine 
24Control and Community Protection Act of a defendant, the court 
25shall determine whether the
defendant is employed by a facility 
26or center as defined under the Child Care
Act of 1969, a public 
 
 
HB0674- 217 -LRB100 07853 SLF 17922 b


1or private elementary or secondary school, or otherwise
works 
2with children under 18 years of age on a daily basis. When a 
3defendant
is so employed, the court shall order the Clerk of 
4the Court to send a copy of
the judgment of conviction or order 
5of supervision or probation to the
defendant's employer by 
6certified mail.
If the employer of the defendant is a school, 
7the Clerk of the Court shall
direct the mailing of a copy of 
8the judgment of conviction or order of
supervision or probation 
9to the appropriate regional superintendent of schools.
The 
10regional superintendent of schools shall notify the State Board 
11of
Education of any notification under this subsection.

12 (j-5) A defendant at least 17 years of age who is convicted 
13of a felony and
who has not been previously convicted of a 
14misdemeanor or felony and who is
sentenced to a term of 
15imprisonment in the Illinois Department of Corrections
shall as 
16a condition of his or her sentence be required by the court to 
17attend
educational courses designed to prepare the defendant 
18for a high school diploma
and to work toward a high school 
19diploma or to work toward passing high school equivalency 
20testing or to work toward
completing a vocational training 
21program offered by the Department of
Corrections. If a 
22defendant fails to complete the educational training
required 
23by his or her sentence during the term of incarceration, the 
24Prisoner
Review Board shall, as a condition of mandatory 
25supervised release, require the
defendant, at his or her own 
26expense, to pursue a course of study toward a high
school 
 
 
HB0674- 218 -LRB100 07853 SLF 17922 b


1diploma or passage of high school equivalency testing. The 
2Prisoner Review Board shall
revoke the mandatory supervised 
3release of a defendant who wilfully fails to
comply with this 
4subsection (j-5) upon his or her release from confinement in a

5penal institution while serving a mandatory supervised release 
6term; however,
the inability of the defendant after making a 
7good faith effort to obtain
financial aid or pay for the 
8educational training shall not be deemed a wilful
failure to 
9comply. The Prisoner Review Board shall recommit the defendant

10whose mandatory supervised release term has been revoked under 
11this subsection
(j-5) as provided in Section 3-3-9. This 
12subsection (j-5) does not apply to a
defendant who has a high 
13school diploma or has successfully passed high school 
14equivalency testing. This subsection (j-5) does not apply to a 
15defendant who is determined by
the court to be a person with a 
16developmental disability or otherwise mentally incapable of

17completing the educational or vocational program.

18 (k) (Blank).

19 (l) (A) Except as provided
in paragraph (C) of subsection 
20(l), whenever a defendant,
who is an alien as defined by the 
21Immigration and Nationality Act, is convicted
of any felony or 
22misdemeanor offense, the court after sentencing the defendant

23may, upon motion of the State's Attorney, hold sentence in 
24abeyance and remand
the defendant to the custody of the 
25Attorney General of
the United States or his or her designated 
26agent to be deported when:

 
 
HB0674- 219 -LRB100 07853 SLF 17922 b


1  (1) a final order of deportation has been issued 
2 against the defendant
pursuant to proceedings under the 
3 Immigration and Nationality Act, and

4  (2) the deportation of the defendant would not 
5 deprecate the seriousness
of the defendant's conduct and 
6 would not be inconsistent with the ends of
justice.

7 Otherwise, the defendant shall be sentenced as provided in 
8this Chapter V.

9 (B) If the defendant has already been sentenced for a 
10felony or
misdemeanor
offense, or has been placed on probation 
11under Section 10 of the Cannabis
Control Act,
Section 410 of 
12the Illinois Controlled Substances Act, or Section 70 of the 
13Methamphetamine Control and Community Protection Act, the 
14court
may, upon motion of the State's Attorney to suspend the

15sentence imposed, commit the defendant to the custody of the 
16Attorney General
of the United States or his or her designated 
17agent when:

18  (1) a final order of deportation has been issued 
19 against the defendant
pursuant to proceedings under the 
20 Immigration and Nationality Act, and

21  (2) the deportation of the defendant would not 
22 deprecate the seriousness
of the defendant's conduct and 
23 would not be inconsistent with the ends of
justice.

24 (C) This subsection (l) does not apply to offenders who are 
25subject to the
provisions of paragraph (2) of subsection (a) of 
26Section 3-6-3.

 
 
HB0674- 220 -LRB100 07853 SLF 17922 b


1 (D) Upon motion of the State's Attorney, if a defendant 
2sentenced under
this Section returns to the jurisdiction of the 
3United States, the defendant
shall be recommitted to the 
4custody of the county from which he or she was
sentenced.

5Thereafter, the defendant shall be brought before the 
6sentencing court, which
may impose any sentence that was 
7available under Section 5-5-3 at the time of
initial 
8sentencing. In addition, the defendant shall not be eligible 
9for
additional sentence credit for good conduct as provided 
10under
Section 3-6-3.

11 (m) A person convicted of criminal defacement of property 
12under Section
21-1.3 of the Criminal Code of 1961 or the 
13Criminal Code of 2012, in which the property damage exceeds 
14$300
and the property damaged is a school building, shall be 
15ordered to perform
community service that may include cleanup, 
16removal, or painting over the
defacement.

17 (n) The court may sentence a person convicted of a 
18violation of Section
12-19, 12-21, 16-1.3, or 17-56, or 
19subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
20of 1961 or the Criminal Code of 2012 (i) to an impact

21incarceration program if the person is otherwise eligible for 
22that program
under Section 5-8-1.1, (ii) to community service, 
23or (iii) if the person is an
addict or alcoholic, as defined in 
24the Alcoholism and Other Drug Abuse and
Dependency Act, to a 
25substance or alcohol abuse program licensed under that
Act.
26 (o) Whenever a person is convicted of a sex offense as 
 
 
HB0674- 221 -LRB100 07853 SLF 17922 b


1defined in Section 2 of the Sex Offender Registration Act, the 
2defendant's driver's license or permit shall be subject to 
3renewal on an annual basis in accordance with the provisions of 
4license renewal established by the Secretary of State.


5(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; 
699-143, eff. 7-27-15; 99-885, eff. 8-23-16.)




7 (730 ILCS 5/5-5-3.2)


8 Sec. 5-5-3.2. Factors in aggravation and extended-term 
9sentencing. 

10 (a) The following factors shall be accorded weight in favor 
11of
imposing a term of imprisonment or may be considered by the 
12court as reasons
to impose a more severe sentence under Section 
135-8-1 or Article 4.5 of Chapter V:

14  (1) the defendant's conduct caused or threatened 
15 serious harm;

16  (2) the defendant received compensation for committing 
17 the offense;

18  (3) the defendant has a history of prior delinquency or 
19 criminal activity;

20  (4) the defendant, by the duties of his office or by 
21 his position,
was obliged to prevent the particular offense 
22 committed or to bring
the offenders committing it to 
23 justice;

24  (5) the defendant held public office at the time of the 
25 offense,
and the offense related to the conduct of that 
 
 
HB0674- 222 -LRB100 07853 SLF 17922 b


1 office;

2  (6) the defendant utilized his professional reputation 
3 or
position in the community to commit the offense, or to 
4 afford
him an easier means of committing it;

5  (7) the sentence is necessary to deter others from 
6 committing
the same crime;

7  (8) the defendant committed the offense against a 
8 person 60 years of age
or older or such person's property;

9  (9) the defendant committed the offense against a 
10 person who has a physical disability or such person's 
11 property;

12  (10) by reason of another individual's actual or 
13 perceived race, color,
creed, religion, ancestry, gender, 
14 sexual orientation, physical or mental
disability, or 
15 national origin, the defendant committed the offense 
16 against (i)
the person or property
of that individual; (ii) 
17 the person or property of a person who has an
association 
18 with, is married to, or has a friendship with the other 
19 individual;
or (iii) the person or property of a relative 
20 (by blood or marriage) of a
person described in clause (i) 
21 or (ii). For the purposes of this Section,
"sexual 
22 orientation" has the meaning ascribed to it in paragraph 
23 (O-1) of Section 1-103 of the Illinois Human Rights Act;

24  (11) the offense took place in a place of worship or on 
25 the
grounds of a place of worship, immediately prior to, 
26 during or immediately
following worship services. For 
 
 
HB0674- 223 -LRB100 07853 SLF 17922 b


1 purposes of this subparagraph, "place of
worship" shall 
2 mean any church, synagogue or other building, structure or

3 place used primarily for religious worship;

4  (12) the defendant was convicted of a felony committed 
5 while he was
released on bail or his own recognizance 
6 pending trial for a prior felony
and was convicted of such 
7 prior felony, or the defendant was convicted of a
felony 
8 committed while he was serving a period of probation,

9 conditional discharge, or mandatory supervised release 
10 under subsection (d)
of Section 5-8-1
for a prior felony;

11  (13) the defendant committed or attempted to commit a 
12 felony while he
was wearing a bulletproof vest. For the 
13 purposes of this paragraph (13), a
bulletproof vest is any 
14 device which is designed for the purpose of
protecting the 
15 wearer from bullets, shot or other lethal projectiles;

16  (14) the defendant held a position of trust or 
17 supervision such as, but
not limited to, family member as 
18 defined in Section 11-0.1 of the Criminal Code
of 2012, 
19 teacher, scout leader, baby sitter, or day care worker, in

20 relation to a victim under 18 years of age, and the 
21 defendant committed an
offense in violation of Section 
22 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
23 11-14.4 except for an offense that involves keeping a place 
24 of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

25 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 
26 or 12-16 of the Criminal Code of 1961 or the Criminal Code 
 
 
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1 of 2012
against
that victim;

2  (15) the defendant committed an offense related to the 
3 activities of an
organized gang. For the purposes of this 
4 factor, "organized gang" has the
meaning ascribed to it in 
5 Section 10 of the Streetgang Terrorism Omnibus
Prevention 
6 Act;

7  (16) the defendant committed an offense in violation of 
8 one of the
following Sections while in a school, regardless 
9 of the time of day or time of
year; on any conveyance 
10 owned, leased, or contracted by a school to transport

11 students to or from school or a school related activity; on 
12 the real property
of a school; or on a public way within 
13 1,000 feet of the real property
comprising any school: 
14 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
15 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

16 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 
17 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, 
18 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
19 (a)(4) or (g)(1), of the Criminal Code of
1961 or the 
20 Criminal Code of 2012;

21  (16.5) the defendant committed an offense in violation 
22 of one of the
following Sections while in a day care 
23 center, regardless of the time of day or
time of year; on 
24 the real property of a day care center, regardless of the 
25 time
of day or time of year; or on a public
way within 
26 1,000 feet of the real property comprising any day care 
 
 
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1 center,
regardless of the time of day or time of year:

2 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
3 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 
4 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, 
5 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
6 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
7 (a)(4) or (g)(1), of the Criminal
Code of 1961 or the 
8 Criminal Code of 2012;

9  (17) the defendant committed the offense by reason of 
10 any person's
activity as a community policing volunteer or 
11 to prevent any person from
engaging in activity as a 
12 community policing volunteer. For the purpose of
this 
13 Section, "community policing volunteer" has the meaning 
14 ascribed to it in
Section 2-3.5 of the Criminal Code of 
15 2012;

16  (18) the defendant committed the offense in a nursing 
17 home or on the
real
property comprising a nursing home. For 
18 the purposes of this paragraph (18),
"nursing home" means a 
19 skilled nursing
or intermediate long term care facility 
20 that is subject to license by the
Illinois Department of 
21 Public Health under the Nursing Home Care
Act, the 
22 Specialized Mental Health Rehabilitation Act of 2013, the 
23 ID/DD Community Care Act, or the MC/DD Act;

24  (19) the defendant was a federally licensed firearm 
25 dealer
and
was
previously convicted of a violation of 
26 subsection (a) of Section 3 of the
Firearm Owners 
 
 
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1 Identification Card Act before its repeal by this 
2 amendatory Act of the 100th General Assembly and has now 
3 committed either a felony
violation
of the Firearm Owners 
4 Identification Card Act or an act of armed violence while

5 armed
with a firearm;
6  (20) the defendant (i) committed the offense of 
7 reckless homicide under Section 9-3 of the Criminal Code of 
8 1961 or the Criminal Code of 2012 or the offense of driving 
9 under the influence of alcohol, other drug or
drugs, 
10 intoxicating compound or compounds or any combination 
11 thereof under Section 11-501 of the Illinois Vehicle Code 
12 or a similar provision of a local ordinance and (ii) was 
13 operating a motor vehicle in excess of 20 miles per hour 
14 over the posted speed limit as provided in Article VI of 
15 Chapter 11 of the Illinois Vehicle Code;


16  (21) the defendant (i) committed the offense of 
17 reckless driving or aggravated reckless driving under 
18 Section 11-503 of the Illinois Vehicle Code and (ii) was 
19 operating a motor vehicle in excess of 20 miles per hour 
20 over the posted speed limit as provided in Article VI of 
21 Chapter 11 of the Illinois Vehicle Code;
22  (22) the defendant committed the offense against a 
23 person that the defendant knew, or reasonably should have 
24 known, was a member of the Armed Forces of the United 
25 States serving on active duty. For purposes of this clause 
26 (22), the term "Armed Forces" means any of the Armed Forces 
 
 
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1 of the United States, including a member of any reserve 
2 component thereof or National Guard unit called to active 
3 duty;

4  (23)
the defendant committed the offense against a 
5 person who was elderly or infirm or who was a person with a 
6 disability by taking advantage of a family or fiduciary 
7 relationship with the elderly or infirm person or person 
8 with a disability;

9  (24)
the defendant committed any offense under Section 
10 11-20.1 of the Criminal Code of 1961 or the Criminal Code 
11 of 2012 and possessed 100 or more images;

12  (25) the defendant committed the offense while the 
13 defendant or the victim was in a train, bus, or other 
14 vehicle used for public transportation;
15  (26) the defendant committed the offense of child 
16 pornography or aggravated child pornography, specifically 
17 including paragraph (1), (2), (3), (4), (5), or (7) of 
18 subsection (a) of Section 11-20.1 of the Criminal Code of 
19 1961 or the Criminal Code of 2012 where a child engaged in, 
20 solicited for, depicted in, or posed in any act of sexual 
21 penetration or bound, fettered, or subject to sadistic, 
22 masochistic, or sadomasochistic abuse in a sexual context 
23 and specifically including paragraph (1), (2), (3), (4), 
24 (5), or (7) of subsection (a) of Section 11-20.1B or 
25 Section 11-20.3 of the Criminal Code of 1961 where a child 
26 engaged in, solicited for, depicted in, or posed in any act 
 
 
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1 of sexual penetration or bound, fettered, or subject to 
2 sadistic, masochistic, or sadomasochistic abuse in a 
3 sexual context;
4  (27) the defendant committed the offense of first 
5 degree murder, assault, aggravated assault, battery, 
6 aggravated battery, robbery, armed robbery, or aggravated 
7 robbery against a person who was a veteran and the 
8 defendant knew, or reasonably should have known, that the 
9 person was a veteran performing duties as a representative 
10 of a veterans' organization. For the purposes of this 
11 paragraph (27), "veteran" means an Illinois resident who 
12 has served as a member of the United States Armed Forces, a 
13 member of the Illinois National Guard, or a member of the 
14 United States Reserve Forces; and "veterans' organization" 
15 means an organization comprised of members of
which 
16 substantially all are individuals who are veterans or 
17 spouses,
widows, or widowers of veterans, the primary 
18 purpose of which is to
promote the welfare of its members 
19 and to provide assistance to the general
public in such a 
20 way as to confer a public benefit; 
21  (28) the defendant committed the offense of assault, 
22 aggravated assault, battery, aggravated battery, robbery, 
23 armed robbery, or aggravated robbery against a person that 
24 the defendant knew or reasonably should have known was a 
25 letter carrier or postal worker while that person was 
26 performing his or her duties delivering mail for the United 
 
 
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1 States Postal Service;
2  (29) the defendant committed the offense of criminal 
3 sexual assault, aggravated criminal sexual assault, 
4 criminal sexual abuse, or aggravated criminal sexual abuse 
5 against a victim with an intellectual disability, and the 
6 defendant holds a position of trust, authority, or 
7 supervision in relation to the victim; or
8  (30) the defendant committed the offense of promoting 
9 juvenile prostitution, patronizing a prostitute, or 
10 patronizing a minor engaged in prostitution and at the time 
11 of the commission of the offense knew that the prostitute 
12 or minor engaged in prostitution was in the custody or 
13 guardianship of the Department of Children and Family 
14 Services. 
15 For the purposes of this Section:

16 "School" is defined as a public or private
elementary or 
17secondary school, community college, college, or university.

18 "Day care center" means a public or private State certified 
19and
licensed day care center as defined in Section 2.09 of the 
20Child Care Act of
1969 that displays a sign in plain view 
21stating that the
property is a day care center.

22 "Intellectual disability" means significantly subaverage 
23intellectual functioning which exists concurrently
with 
24impairment in adaptive behavior. 
25 "Public transportation" means the transportation
or 
26conveyance of persons by means available to the general public, 
 
 
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1and includes paratransit services.
2 (b) The following factors, related to all felonies, may be 
3considered by the court as
reasons to impose an extended term 
4sentence under Section 5-8-2
upon any offender:

5  (1) When a defendant is convicted of any felony, after 
6 having
been previously convicted in Illinois or any other 
7 jurisdiction of the
same or similar class felony or greater 
8 class felony, when such conviction
has occurred within 10 
9 years after the
previous conviction, excluding time spent 
10 in custody, and such charges are
separately brought and 
11 tried and arise out of different series of acts; or

12  (2) When a defendant is convicted of any felony and the 
13 court
finds that the offense was accompanied by 
14 exceptionally brutal
or heinous behavior indicative of 
15 wanton cruelty; or

16  (3) When a defendant is convicted of any felony 
17 committed against:

18   (i) a person under 12 years of age at the time of 
19 the offense or such
person's property;

20   (ii) a person 60 years of age or older at the time 
21 of the offense or
such person's property; or

22   (iii) a person who had a physical disability at the 
23 time of the offense or
such person's property; or

24  (4) When a defendant is convicted of any felony and the 
25 offense
involved any of the following types of specific 
26 misconduct committed as
part of a ceremony, rite, 
 
 
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1 initiation, observance, performance, practice or
activity 
2 of any actual or ostensible religious, fraternal, or social 
3 group:

4   (i) the brutalizing or torturing of humans or 
5 animals;

6   (ii) the theft of human corpses;

7   (iii) the kidnapping of humans;

8   (iv) the desecration of any cemetery, religious, 
9 fraternal, business,
governmental, educational, or 
10 other building or property; or

11   (v) ritualized abuse of a child; or

12  (5) When a defendant is convicted of a felony other 
13 than conspiracy and
the court finds that
the felony was 
14 committed under an agreement with 2 or more other persons

15 to commit that offense and the defendant, with respect to 
16 the other
individuals, occupied a position of organizer, 
17 supervisor, financier, or any
other position of management 
18 or leadership, and the court further finds that
the felony 
19 committed was related to or in furtherance of the criminal

20 activities of an organized gang or was motivated by the 
21 defendant's leadership
in an organized gang; or

22  (6) When a defendant is convicted of an offense 
23 committed while using a firearm with a
laser sight attached 
24 to it. For purposes of this paragraph, "laser sight"
has 
25 the meaning ascribed to it in Section 26-7 of the Criminal 
26 Code of
2012; or

 
 
HB0674- 232 -LRB100 07853 SLF 17922 b


1  (7) When a defendant who was at least 17 years of age 
2 at the
time of
the commission of the offense is convicted 
3 of a felony and has been previously
adjudicated a 
4 delinquent minor under the Juvenile Court Act of 1987 for 
5 an act
that if committed by an adult would be a Class X or 
6 Class 1 felony when the
conviction has occurred within 10 
7 years after the previous adjudication,
excluding time 
8 spent in custody; or

9  (8) When a defendant commits any felony and the 
10 defendant used, possessed, exercised control over, or 
11 otherwise directed an animal to assault a law enforcement 
12 officer engaged in the execution of his or her official 
13 duties or in furtherance of the criminal activities of an 
14 organized gang in which the defendant is engaged; or


15  (9) When a defendant commits any felony and the 
16 defendant knowingly video or audio records the offense with 
17 the intent to disseminate the recording. 
18 (c) The following factors may be considered by the court as 
19reasons to impose an extended term sentence under Section 5-8-2 
20(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
21  (1) When a defendant is convicted of first degree 
22 murder, after having been previously convicted in Illinois 
23 of any offense listed under paragraph (c)(2) of Section 
24 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred 
25 within 10 years after the previous conviction, excluding 
26 time spent in custody, and the charges are separately 
 
 
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1 brought and tried and arise out of different series of 
2 acts.
3  (1.5) When a defendant is convicted of first degree 
4 murder, after having been previously convicted of domestic 
5 battery (720 ILCS 5/12-3.2) or aggravated domestic battery 
6 (720 ILCS 5/12-3.3) committed on the same victim or after 
7 having been previously convicted of violation of an order 
8 of protection (720 ILCS 5/12-30) in which the same victim 
9 was the protected person. 
10  (2) When a defendant is convicted of voluntary 
11 manslaughter, second degree murder, involuntary 
12 manslaughter, or reckless homicide in which the defendant 
13 has been convicted of causing the death of more than one 
14 individual.
15  (3) When a defendant is convicted of aggravated 
16 criminal sexual assault or criminal sexual assault, when 
17 there is a finding that aggravated criminal sexual assault 
18 or criminal sexual assault was also committed on the same 
19 victim by one or more other individuals, and the defendant 
20 voluntarily participated in the crime with the knowledge of 
21 the participation of the others in the crime, and the 
22 commission of the crime was part of a single course of 
23 conduct during which there was no substantial change in the 
24 nature of the criminal objective.
25  (4) If the victim was under 18 years of age at the time 
26 of the commission of the offense, when a defendant is 
 
 
HB0674- 234 -LRB100 07853 SLF 17922 b


1 convicted of aggravated criminal sexual assault or 
2 predatory criminal sexual assault of a child under 
3 subsection (a)(1) of Section 11-1.40 or subsection (a)(1) 
4 of Section 12-14.1 of the Criminal Code of 1961 or the 
5 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
6  (5) When a defendant is convicted of a felony violation 
7 of Section 24-1 of the Criminal Code of 1961 or the 
8 Criminal Code of 2012 (720 ILCS 5/24-1) and there is a 
9 finding that the defendant is a member of an organized 
10 gang.
11  (6) When a defendant was convicted of unlawful use of 
12 weapons under Section 24-1 of the Criminal Code of 1961 or 
13 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing 
14 a weapon that is not readily distinguishable as one of the 
15 weapons enumerated in Section 24-1 of the Criminal Code of 
16 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
17  (7) When a defendant is convicted of an offense 
18 involving the illegal manufacture of a controlled 
19 substance under Section 401 of the Illinois Controlled 
20 Substances Act (720 ILCS 570/401), the illegal manufacture 
21 of methamphetamine under Section 25 of the Methamphetamine 
22 Control and Community Protection Act (720 ILCS 646/25), or 
23 the illegal possession of explosives and an emergency 
24 response officer in the performance of his or her duties is 
25 killed or injured at the scene of the offense while 
26 responding to the emergency caused by the commission of the 
 
 
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1 offense. In this paragraph, "emergency" means a situation 
2 in which a person's life, health, or safety is in jeopardy; 
3 and "emergency response officer" means a peace officer, 
4 community policing volunteer, fireman, emergency medical 
5 technician-ambulance, emergency medical 
6 technician-intermediate, emergency medical 
7 technician-paramedic, ambulance driver, other medical 
8 assistance or first aid personnel, or hospital emergency 
9 room personnel.

10  (8) When the defendant is convicted of attempted mob 
11 action, solicitation to commit mob action, or conspiracy to 
12 commit mob action under Section 8-1, 8-2, or 8-4 of the 
13 Criminal Code of 2012, where the criminal object is a 
14 violation of Section 25-1 of the Criminal Code of 2012, and 
15 an electronic communication is used in the commission of 
16 the offense. For the purposes of this paragraph (8), 
17 "electronic communication" shall have the meaning provided 
18 in Section 26.5-0.1 of the Criminal Code of 2012. 
19 (d) For the purposes of this Section, "organized gang" has 
20the meaning
ascribed to it in Section 10 of the Illinois 
21Streetgang Terrorism Omnibus
Prevention Act.

22 (e) The court may impose an extended term sentence under 
23Article 4.5 of Chapter V upon an offender who has been 
24convicted of a felony violation of Section 11-1.20, 11-1.30, 
2511-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
2612-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
 
 
HB0674- 236 -LRB100 07853 SLF 17922 b


1when the victim of the offense is under 18 years of age at the 
2time of the commission of the offense and, during the 
3commission of the offense, the victim was under the influence 
4of alcohol, regardless of whether or not the alcohol was 
5supplied by the offender; and the offender, at the time of the 
6commission of the offense, knew or should have known that the 
7victim had consumed alcohol. 
8(Source: P.A. 98-14, eff. 1-1-14; 98-104, eff. 7-22-13; 98-385, 
9eff. 1-1-14; 98-756, eff. 7-16-14; 99-77, eff. 1-1-16; 99-143, 
10eff. 7-27-15; 99-180, eff. 7-29-15; 99-283, eff. 1-1-16; 
1199-347, eff. 1-1-16; 99-642, eff. 7-28-16.)

12 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
13 Sec. 5-6-3. Conditions of Probation and of Conditional 
14Discharge.

15 (a) The conditions of probation and of conditional 
16discharge shall be
that the person:


17  (1) not violate any criminal statute of any 
18 jurisdiction;


19  (2) report to or appear in person before such person or 
20 agency as
directed by the court;


21  (3) refrain from possessing a firearm or other 
22 dangerous weapon where the offense is a felony or, if a 
23 misdemeanor, the offense involved the intentional or 
24 knowing infliction of bodily harm or threat of bodily harm;


25  (4) not leave the State without the consent of the 
 
 
HB0674- 237 -LRB100 07853 SLF 17922 b


1 court or, in
circumstances in which the reason for the 
2 absence is of such an emergency
nature that prior consent 
3 by the court is not possible, without the prior

4 notification and approval of the person's probation

5 officer. Transfer of a person's probation or conditional 
6 discharge
supervision to another state is subject to 
7 acceptance by the other state
pursuant to the Interstate 
8 Compact for Adult Offender Supervision;


9  (5) permit the probation officer to visit
him at his 
10 home or elsewhere
to the extent necessary to discharge his 
11 duties;


12  (6) perform no less than 30 hours of community service 
13 and not more than
120 hours of community service, if 
14 community service is available in the
jurisdiction and is 
15 funded and approved by the county board where the offense

16 was committed, where the offense was related to or in 
17 furtherance of the
criminal activities of an organized gang 
18 and was motivated by the offender's
membership in or 
19 allegiance to an organized gang. The community service 
20 shall
include, but not be limited to, the cleanup and 
21 repair of any damage caused by
a violation of Section 
22 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 
23 2012 and similar damage
to property located within the 
24 municipality or county in which the violation
occurred. 
25 When possible and reasonable, the community service should 
26 be
performed in the offender's neighborhood. For purposes 
 
 
HB0674- 238 -LRB100 07853 SLF 17922 b


1 of this Section,
"organized gang" has the meaning ascribed 
2 to it in Section 10 of the Illinois
Streetgang Terrorism 
3 Omnibus Prevention Act;


4  (7) if he or she is at least 17 years of age and has 
5 been sentenced to
probation or conditional discharge for a 
6 misdemeanor or felony in a county of
3,000,000 or more 
7 inhabitants and has not been previously convicted of a

8 misdemeanor or felony, may be required by the sentencing 
9 court to attend
educational courses designed to prepare the 
10 defendant for a high school diploma
and to work toward a 
11 high school diploma or to work toward passing high school 
12 equivalency testing or to work toward
completing a 
13 vocational training program approved by the court. The 
14 person on
probation or conditional discharge must attend a 
15 public institution of
education to obtain the educational 
16 or vocational training required by this
clause (7). The 
17 court shall revoke the probation or conditional discharge 
18 of a
person who wilfully fails to comply with this clause 
19 (7). The person on
probation or conditional discharge shall 
20 be required to pay for the cost of the
educational courses 
21 or high school equivalency testing if a fee is charged for 
22 those courses or testing. The court shall resentence the 
23 offender whose probation or conditional
discharge has been 
24 revoked as provided in Section 5-6-4. This clause (7) does

25 not apply to a person who has a high school diploma or has 
26 successfully passed high school equivalency testing. This 
 
 
HB0674- 239 -LRB100 07853 SLF 17922 b


1 clause (7) does not apply to a person who is determined by

2 the court to be a person with a developmental disability or 
3 otherwise mentally incapable of
completing the educational 
4 or vocational program;


5  (8) if convicted of possession of a substance 
6 prohibited
by the Cannabis Control Act, the Illinois 
7 Controlled Substances Act, or the Methamphetamine Control 
8 and Community Protection Act
after a previous conviction or 
9 disposition of supervision for possession of a
substance 
10 prohibited by the Cannabis Control Act or Illinois 
11 Controlled
Substances Act or after a sentence of probation 
12 under Section 10 of the
Cannabis
Control Act, Section 410 
13 of the Illinois Controlled Substances Act, or Section 70 of 
14 the Methamphetamine Control and Community Protection Act 
15 and upon a
finding by the court that the person is 
16 addicted, undergo treatment at a
substance abuse program 
17 approved by the court;


18  (8.5) if convicted of a felony sex offense as defined 
19 in the Sex
Offender
Management Board Act, the person shall 
20 undergo and successfully complete sex
offender treatment 
21 by a treatment provider approved by the Board and conducted

22 in conformance with the standards developed under the Sex

23 Offender Management Board Act;

24  (8.6) if convicted of a sex offense as defined in the 
25 Sex Offender Management Board Act, refrain from residing at 
26 the same address or in the same condominium unit or 
 
 
HB0674- 240 -LRB100 07853 SLF 17922 b


1 apartment unit or in the same condominium complex or 
2 apartment complex with another person he or she knows or 
3 reasonably should know is a convicted sex offender or has 
4 been placed on supervision for a sex offense; the 
5 provisions of this paragraph do not apply to a person 
6 convicted of a sex offense who is placed in a Department of 
7 Corrections licensed transitional housing facility for sex 
8 offenders;
9  (8.7) if convicted for an offense committed on or after 
10 June 1, 2008 (the effective date of Public Act 95-464) that 
11 would qualify the accused as a child sex offender as 
12 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
13 1961 or the Criminal Code of 2012, refrain from 
14 communicating with or contacting, by means of the Internet, 
15 a person who is not related to the accused and whom the 
16 accused reasonably believes to be under 18 years of age; 
17 for purposes of this paragraph (8.7), "Internet" has the 
18 meaning ascribed to it in Section 16-0.1 of the Criminal 
19 Code of 2012; and a person is not related to the accused if 
20 the person is not: (i) the spouse, brother, or sister of 
21 the accused; (ii) a descendant of the accused; (iii) a 
22 first or second cousin of the accused; or (iv) a step-child 
23 or adopted child of the accused;
24  (8.8) if convicted for an offense under Section 11-6, 
25 11-9.1, 11-14.4 that involves soliciting for a juvenile 
26 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
 
 
HB0674- 241 -LRB100 07853 SLF 17922 b


1 of the Criminal Code of 1961 or the Criminal Code of 2012, 
2 or any attempt to commit any of these offenses, committed 
3 on or after June 1, 2009 (the effective date of Public Act 
4 95-983):
5   (i) not access or use a computer or any other 
6 device with Internet capability without the prior 
7 written approval of the offender's probation officer, 
8 except in connection with the offender's employment or 
9 search for employment with the prior approval of the 
10 offender's probation officer;
11   (ii) submit to periodic unannounced examinations 
12 of the offender's computer or any other device with 
13 Internet capability by the offender's probation 
14 officer, a law enforcement officer, or assigned 
15 computer or information technology specialist, 
16 including the retrieval and copying of all data from 
17 the computer or device and any internal or external 
18 peripherals and removal of such information, 
19 equipment, or device to conduct a more thorough 
20 inspection;
21   (iii) submit to the installation on the offender's 
22 computer or device with Internet capability, at the 
23 offender's expense, of one or more hardware or software 
24 systems to monitor the Internet use; and
25   (iv) submit to any other appropriate restrictions 
26 concerning the offender's use of or access to a 
 
 
HB0674- 242 -LRB100 07853 SLF 17922 b


1 computer or any other device with Internet capability 
2 imposed by the offender's probation officer; 
3  (8.9) if convicted of a sex offense as defined in the 
4 Sex Offender
Registration Act committed on or after January 
5 1, 2010 (the effective date of Public Act 96-262), refrain 
6 from accessing or using a social networking website as 
7 defined in Section 17-0.5 of the Criminal Code of 2012;

8  (9) if convicted of a felony or of any misdemeanor 
9 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
10 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 
11 2012 that was determined, pursuant to Section 112A-11.1 of 
12 the Code of Criminal Procedure of 1963, to trigger the 
13 prohibitions of 18 U.S.C. 922(g)(9), physically surrender 
14 at a time and place
designated by the court, his or her 
15 Firearm
Owner's Identification Card and
any and all 
16 firearms in
his or her possession. The Court shall return 
17 to the Department of State Police Firearm Owner's 
18 Identification Card Office the person's Firearm Owner's 
19 Identification Card;


20  (10) if convicted of a sex offense as defined in 
21 subsection (a-5) of Section 3-1-2 of this Code, unless the 
22 offender is a parent or guardian of the person under 18 
23 years of age present in the home and no non-familial minors 
24 are present, not participate in a holiday event involving 
25 children under 18 years of age, such as distributing candy 
26 or other items to children on Halloween, wearing a Santa 
 
 
HB0674- 243 -LRB100 07853 SLF 17922 b


1 Claus costume on or preceding Christmas, being employed as 
2 a department store Santa Claus, or wearing an Easter Bunny 
3 costume on or preceding Easter; 
4  (11) if convicted of a sex offense as defined in 
5 Section 2 of the Sex Offender Registration Act committed on 
6 or after January 1, 2010 (the effective date of Public Act 
7 96-362) that requires the person to register as a sex 
8 offender under that Act, may not knowingly use any computer 
9 scrub software on any computer that the sex offender uses; 
10 and 
11  (12) if convicted of a violation of the Methamphetamine 
12 Control and Community Protection Act, the Methamphetamine

13 Precursor Control Act, or a methamphetamine related 
14 offense:
15   (A) prohibited from purchasing, possessing, or 
16 having under his or her control any product containing 
17 pseudoephedrine unless prescribed by a physician; and
18   (B) prohibited from purchasing, possessing, or 
19 having under his or her control any product containing 
20 ammonium nitrate.
21 (b) The Court may in addition to other reasonable 
22conditions relating to the
nature of the offense or the 
23rehabilitation of the defendant as determined for
each 
24defendant in the proper discretion of the Court require that 
25the person:


26  (1) serve a term of periodic imprisonment under Article 
 
 
HB0674- 244 -LRB100 07853 SLF 17922 b


1 7 for a
period not to exceed that specified in paragraph 
2 (d) of Section 5-7-1;


3  (2) pay a fine and costs;


4  (3) work or pursue a course of study or vocational 
5 training;


6  (4) undergo medical, psychological or psychiatric 
7 treatment; or treatment
for drug addiction or alcoholism;


8  (5) attend or reside in a facility established for the 
9 instruction
or residence of defendants on probation;


10  (6) support his dependents;


11  (7) and in addition, if a minor:


12   (i) reside with his parents or in a foster home;


13   (ii) attend school;


14   (iii) attend a non-residential program for youth;


15   (iv) contribute to his own support at home or in a 
16 foster home;


17   (v) with the consent of the superintendent of the

18 facility, attend an educational program at a facility 
19 other than the school
in which the
offense was 
20 committed if he
or she is convicted of a crime of 
21 violence as
defined in
Section 2 of the Crime Victims 
22 Compensation Act committed in a school, on the
real

23 property
comprising a school, or within 1,000 feet of 
24 the real property comprising a
school;


25  (8) make restitution as provided in Section 5-5-6 of 
26 this Code;


 
 
HB0674- 245 -LRB100 07853 SLF 17922 b


1  (9) perform some reasonable public or community 
2 service;


3  (10) serve a term of home confinement. In addition to 
4 any other
applicable condition of probation or conditional 
5 discharge, the
conditions of home confinement shall be that 
6 the offender:


7   (i) remain within the interior premises of the 
8 place designated for
his confinement during the hours 
9 designated by the court;


10   (ii) admit any person or agent designated by the 
11 court into the
offender's place of confinement at any 
12 time for purposes of verifying
the offender's 
13 compliance with the conditions of his confinement; and


14   (iii) if further deemed necessary by the court or 
15 the
Probation or
Court Services Department, be placed 
16 on an approved
electronic monitoring device, subject 
17 to Article 8A of Chapter V;


18   (iv) for persons convicted of any alcohol, 
19 cannabis or controlled
substance violation who are 
20 placed on an approved monitoring device as a
condition 
21 of probation or conditional discharge, the court shall 
22 impose a
reasonable fee for each day of the use of the 
23 device, as established by the
county board in 
24 subsection (g) of this Section, unless after 
25 determining the
inability of the offender to pay the 
26 fee, the court assesses a lesser fee or no
fee as the 
 
 
HB0674- 246 -LRB100 07853 SLF 17922 b


1 case may be. This fee shall be imposed in addition to 
2 the fees
imposed under subsections (g) and (i) of this 
3 Section. The fee shall be
collected by the clerk of the 
4 circuit court, except as provided in an administrative 
5 order of the Chief Judge of the circuit court. The 
6 clerk of the circuit
court shall pay all monies 
7 collected from this fee to the county treasurer
for 
8 deposit in the substance abuse services fund under 
9 Section 5-1086.1 of
the Counties Code, except as 
10 provided in an administrative order of the Chief Judge 
11 of the circuit court.
12   The Chief Judge of the circuit court of the county 
13 may by administrative order establish a program for 
14 electronic monitoring of offenders, in which a vendor 
15 supplies and monitors the operation of the electronic 
16 monitoring device, and collects the fees on behalf of 
17 the county. The program shall include provisions for 
18 indigent offenders and the collection of unpaid fees. 
19 The program shall not unduly burden the offender and 
20 shall be subject to review by the Chief Judge.
21   The Chief Judge of the circuit court may suspend 
22 any additional charges or fees for late payment, 
23 interest, or damage to any device; and


24   (v) for persons convicted of offenses other than 
25 those referenced in
clause (iv) above and who are 
26 placed on an approved monitoring device as a
condition 
 
 
HB0674- 247 -LRB100 07853 SLF 17922 b


1 of probation or conditional discharge, the court shall 
2 impose
a reasonable fee for each day of the use of the 
3 device, as established by the
county board in 
4 subsection (g) of this Section, unless after 
5 determining the
inability of the defendant to pay the 
6 fee, the court assesses a lesser fee or
no fee as the 
7 case may be. This fee shall be imposed in addition to 
8 the fees
imposed under subsections (g) and (i) of this 
9 Section. The fee
shall be collected by the clerk of the 
10 circuit court, except as provided in an administrative 
11 order of the Chief Judge of the circuit court. The 
12 clerk of the circuit
court shall pay all monies 
13 collected from this fee
to the county treasurer who 
14 shall use the monies collected to defray the
costs of 
15 corrections. The county treasurer shall deposit the 
16 fee
collected in the probation and court services fund.

17 The Chief Judge of the circuit court of the county may 
18 by administrative order establish a program for 
19 electronic monitoring of offenders, in which a vendor 
20 supplies and monitors the operation of the electronic 
21 monitoring device, and collects the fees on behalf of 
22 the county. The program shall include provisions for 
23 indigent offenders and the collection of unpaid fees. 
24 The program shall not unduly burden the offender and 
25 shall be subject to review by the Chief Judge. 

26   The Chief Judge of the circuit court may suspend 
 
 
HB0674- 248 -LRB100 07853 SLF 17922 b


1 any additional charges or fees for late payment, 
2 interest, or damage to any device. 
3  (11) comply with the terms and conditions of an order 
4 of protection issued
by the court pursuant to the Illinois 
5 Domestic Violence Act of 1986,
as now or hereafter amended, 
6 or an order of protection issued by the court of
another 
7 state, tribe, or United States territory. A copy of the 
8 order of
protection shall be
transmitted to the probation 
9 officer or agency
having responsibility for the case;


10  (12) reimburse any "local anti-crime program" as 
11 defined in Section 7
of the Anti-Crime Advisory Council Act 
12 for any reasonable expenses incurred
by the program on the 
13 offender's case, not to exceed the maximum amount of
the 
14 fine authorized for the offense for which the defendant was 
15 sentenced;


16  (13) contribute a reasonable sum of money, not to 
17 exceed the maximum
amount of the fine authorized for the

18 offense for which the defendant was sentenced, (i) to a 
19 "local anti-crime
program", as defined in Section 7 of the 
20 Anti-Crime Advisory Council Act, or (ii) for offenses under 
21 the jurisdiction of the Department of Natural Resources, to 
22 the fund established by the Department of Natural Resources 
23 for the purchase of evidence for investigation purposes and 
24 to conduct investigations as outlined in Section 805-105 of 
25 the Department of Natural Resources (Conservation) Law;


26  (14) refrain from entering into a designated 
 
 
HB0674- 249 -LRB100 07853 SLF 17922 b


1 geographic area except upon
such terms as the court finds 
2 appropriate. Such terms may include
consideration of the 
3 purpose of the entry, the time of day, other persons

4 accompanying the defendant, and advance approval by a

5 probation officer, if
the defendant has been placed on 
6 probation or advance approval by the
court, if the 
7 defendant was placed on conditional discharge;


8  (15) refrain from having any contact, directly or 
9 indirectly, with
certain specified persons or particular 
10 types of persons, including but not
limited to members of 
11 street gangs and drug users or dealers;


12  (16) refrain from having in his or her body the 
13 presence of any illicit
drug prohibited by the Cannabis 
14 Control Act, the Illinois Controlled
Substances Act, or the 
15 Methamphetamine Control and Community Protection Act, 
16 unless prescribed by a physician, and submit samples of
his 
17 or her blood or urine or both for tests to determine the 
18 presence of any
illicit drug;

19  (17) if convicted for an offense committed on or after 
20 June 1, 2008 (the effective date of Public Act 95-464) that 
21 would qualify the accused as a child sex offender as 
22 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
23 1961 or the Criminal Code of 2012, refrain from 
24 communicating with or contacting, by means of the Internet, 
25 a person who is related to the accused and whom the accused 
26 reasonably believes to be under 18 years of age; for 
 
 
HB0674- 250 -LRB100 07853 SLF 17922 b


1 purposes of this paragraph (17), "Internet" has the meaning 
2 ascribed to it in Section 16-0.1 of the Criminal Code of 
3 2012; and a person is related to the accused if the person 
4 is: (i) the spouse, brother, or sister of the accused; (ii) 
5 a descendant of the accused; (iii) a first or second cousin 
6 of the accused; or (iv) a step-child or adopted child of 
7 the accused;
8  (18) if convicted for an offense committed on or after 
9 June 1, 2009 (the effective date of Public Act 95-983) that 
10 would qualify as a sex offense as defined in the Sex 
11 Offender Registration Act:
12   (i) not access or use a computer or any other 
13 device with Internet capability without the prior 
14 written approval of the offender's probation officer, 
15 except in connection with the offender's employment or 
16 search for employment with the prior approval of the 
17 offender's probation officer;
18   (ii) submit to periodic unannounced examinations 
19 of the offender's computer or any other device with 
20 Internet capability by the offender's probation 
21 officer, a law enforcement officer, or assigned 
22 computer or information technology specialist, 
23 including the retrieval and copying of all data from 
24 the computer or device and any internal or external 
25 peripherals and removal of such information, 
26 equipment, or device to conduct a more thorough 
 
 
HB0674- 251 -LRB100 07853 SLF 17922 b


1 inspection;
2   (iii) submit to the installation on the offender's 
3 computer or device with Internet capability, at the 
4 subject's expense, of one or more hardware or software 
5 systems to monitor the Internet use; and
6   (iv) submit to any other appropriate restrictions 
7 concerning the offender's use of or access to a 
8 computer or any other device with Internet capability 
9 imposed by the offender's probation officer; and 
10  (19) refrain from possessing a firearm or other 
11 dangerous weapon where the offense is a misdemeanor that 
12 did not involve the intentional or knowing infliction of 
13 bodily harm or threat of bodily harm. 
14 (c) The court may as a condition of probation or of 
15conditional
discharge require that a person under 18 years of 
16age found guilty of any
alcohol, cannabis or controlled 
17substance violation, refrain from acquiring
a driver's license 
18during
the period of probation or conditional discharge. If 
19such person
is in possession of a permit or license, the court 
20may require that
the minor refrain from driving or operating 
21any motor vehicle during the
period of probation or conditional 
22discharge, except as may be necessary in
the course of the 
23minor's lawful employment.


24 (d) An offender sentenced to probation or to conditional 
25discharge
shall be given a certificate setting forth the 
26conditions thereof.


 
 
HB0674- 252 -LRB100 07853 SLF 17922 b


1 (e) Except where the offender has committed a fourth or 
2subsequent
violation of subsection (c) of Section 6-303 of the 
3Illinois Vehicle Code,
the court shall not require as a 
4condition of the sentence of
probation or conditional discharge 
5that the offender be committed to a
period of imprisonment in 
6excess of 6 months.
This 6 month limit shall not include 
7periods of confinement given pursuant to
a sentence of county 
8impact incarceration under Section 5-8-1.2.

9 Persons committed to imprisonment as a condition of 
10probation or
conditional discharge shall not be committed to 
11the Department of
Corrections.


12 (f) The court may combine a sentence of periodic 
13imprisonment under
Article 7 or a sentence to a county impact 
14incarceration program under
Article 8 with a sentence of 
15probation or conditional discharge.


16 (g) An offender sentenced to probation or to conditional 
17discharge and
who during the term of either undergoes mandatory 
18drug or alcohol testing,
or both, or is assigned to be placed 
19on an approved electronic monitoring
device, shall be ordered 
20to pay all costs incidental to such mandatory drug
or alcohol 
21testing, or both, and all costs
incidental to such approved 
22electronic monitoring in accordance with the
defendant's 
23ability to pay those costs. The county board with
the 
24concurrence of the Chief Judge of the judicial
circuit in which 
25the county is located shall establish reasonable fees for
the 
26cost of maintenance, testing, and incidental expenses related 
 
 
HB0674- 253 -LRB100 07853 SLF 17922 b


1to the
mandatory drug or alcohol testing, or both, and all 
2costs incidental to
approved electronic monitoring, involved 
3in a successful probation program
for the county. The 
4concurrence of the Chief Judge shall be in the form of
an 
5administrative order.
The fees shall be collected by the clerk 
6of the circuit court, except as provided in an administrative 
7order of the Chief Judge of the circuit court. The clerk of
the 
8circuit court shall pay all moneys collected from these fees to 
9the county
treasurer who shall use the moneys collected to 
10defray the costs of
drug testing, alcohol testing, and 
11electronic monitoring.
The county treasurer shall deposit the 
12fees collected in the
county working cash fund under Section 
136-27001 or Section 6-29002 of the
Counties Code, as the case 
14may be.
The Chief Judge of the circuit court of the county may 
15by administrative order establish a program for electronic 
16monitoring of offenders, in which a vendor supplies and 
17monitors the operation of the electronic monitoring device, and 
18collects the fees on behalf of the county. The program shall 
19include provisions for indigent offenders and the collection of 
20unpaid fees. The program shall not unduly burden the offender 
21and shall be subject to review by the Chief Judge. 

22 The Chief Judge of the circuit court may suspend any 
23additional charges or fees for late payment, interest, or 
24damage to any device. 
25 (h) Jurisdiction over an offender may be transferred from 
26the
sentencing court to the court of another circuit with the 
 
 
HB0674- 254 -LRB100 07853 SLF 17922 b


1concurrence of
both courts. Further transfers or retransfers of

2jurisdiction are also
authorized in the same manner. The court 
3to which jurisdiction has been
transferred shall have the same 
4powers as the sentencing court.
The probation department within 
5the circuit to which jurisdiction has been transferred, or 
6which has agreed to provide supervision, may impose probation 
7fees upon receiving the transferred offender, as provided in 
8subsection (i). For all transfer cases, as defined in Section 
99b of the Probation and Probation Officers Act, the probation 
10department from the original sentencing court shall retain all 
11probation fees collected prior to the transfer. After the 
12transfer
all probation fees shall be paid to the probation 
13department within the
circuit to which jurisdiction has been 
14transferred.

15 (i) The court shall impose upon an offender
sentenced to 
16probation after January 1, 1989 or to conditional discharge

17after January 1, 1992 or to community service under the 
18supervision of a
probation or court services department after 
19January 1, 2004, as a condition of such probation or 
20conditional
discharge or supervised community service, a fee of 
21$50
for each month of probation or
conditional
discharge 
22supervision or supervised community service ordered by the 
23court, unless after
determining the inability of the person 
24sentenced to probation or conditional
discharge or supervised 
25community service to pay the
fee, the court assesses a lesser 
26fee. The court may not impose the fee on a
minor who is made a 
 
 
HB0674- 255 -LRB100 07853 SLF 17922 b


1ward of the State under the Juvenile Court Act of 1987
while 
2the minor is in placement.
The fee shall be imposed only upon

3an offender who is actively supervised by the
probation and 
4court services
department. The fee shall be collected by the 
5clerk
of the circuit court. The clerk of the circuit court 
6shall pay all monies
collected from this fee to the county 
7treasurer for deposit in the
probation and court services fund 
8under Section 15.1 of the
Probation and Probation Officers Act.

9 A circuit court may not impose a probation fee under this 
10subsection (i) in excess of $25
per month unless the circuit 
11court has adopted, by administrative
order issued by the chief 
12judge, a standard probation fee guide
determining an offender's 
13ability to pay Of the
amount collected as a probation fee, up 
14to $5 of that fee
collected per month may be used to provide 
15services to crime victims
and their families.
16 The Court may only waive probation fees based on an 
17offender's ability to pay. The probation department may 
18re-evaluate an offender's ability to pay every 6 months, and, 
19with the approval of the Director of Court Services or the 
20Chief Probation Officer, adjust the monthly fee amount. An 
21offender may elect to pay probation fees due in a lump sum.
Any 
22offender that has been assigned to the supervision of a 
23probation department, or has been transferred either under 
24subsection (h) of this Section or under any interstate compact, 
25shall be required to pay probation fees to the department 
26supervising the offender, based on the offender's ability to 
 
 
HB0674- 256 -LRB100 07853 SLF 17922 b


1pay.


2 This amendatory Act of the 93rd General Assembly deletes 
3the $10 increase in the fee under this subsection that was 
4imposed by Public Act 93-616. This deletion is intended to 
5control over any other Act of the 93rd General Assembly that 
6retains or incorporates that fee increase.
7 (i-5) In addition to the fees imposed under subsection (i) 
8of this Section, in the case of an offender convicted of a 
9felony sex offense (as defined in the Sex Offender Management 
10Board Act) or an offense that the court or probation department 
11has determined to be sexually motivated (as defined in the Sex 
12Offender Management Board Act), the court or the probation 
13department shall assess additional fees to pay for all costs of 
14treatment, assessment, evaluation for risk and treatment, and 
15monitoring the offender, based on that offender's ability to 
16pay those costs either as they occur or under a payment plan.
17 (j) All fines and costs imposed under this Section for any 
18violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
19Code, or a similar
provision of a local ordinance, and any 
20violation of the Child Passenger
Protection Act, or a similar 
21provision of a local ordinance, shall be
collected and 
22disbursed by the circuit clerk as provided under Section 27.5

23of the Clerks of Courts Act.


24 (k) Any offender who is sentenced to probation or 
25conditional discharge for a felony sex offense as defined in 
26the Sex Offender Management Board Act or any offense that the 
 
 
HB0674- 257 -LRB100 07853 SLF 17922 b


1court or probation department has determined to be sexually 
2motivated as defined in the Sex Offender Management Board Act 
3shall be required to refrain from any contact, directly or 
4indirectly, with any persons specified by the court and shall 
5be available for all evaluations and treatment programs 
6required by the court or the probation department.

7 (l) The court may order an offender who is sentenced to 
8probation or conditional
discharge for a violation of an order 
9of protection be placed under electronic surveillance as 
10provided in Section 5-8A-7 of this Code. 
11(Source: P.A. 98-575, eff. 1-1-14; 98-718, eff. 1-1-15; 99-143, 
12eff. 7-27-15; 99-797, eff. 8-12-16.)

13 Section 100. The Stalking No Contact Order Act is amended 
14by changing Section 80 as follows:

15 (740 ILCS 21/80)

16 Sec. 80. Stalking no contact orders; remedies.
17 (a) If the court finds that the petitioner has been a 
18victim of stalking, a stalking no contact order shall issue; 
19provided that the petitioner must also satisfy the requirements 
20of Section 95 on emergency orders or Section 100 on plenary 
21orders. The petitioner shall not be denied a stalking no 
22contact order because the petitioner or the respondent is a 
23minor. The court, when determining whether or not to issue a 
24stalking no contact order, may not require physical injury on 
 
 
HB0674- 258 -LRB100 07853 SLF 17922 b


1the person of the petitioner. Modification and extension of 
2prior stalking no contact orders shall be in accordance with 
3this Act.
4 (b) A stalking no contact order shall order one or more of 
5the following:
6  (1) prohibit the respondent from threatening to commit 
7 or committing stalking;
8  (2) order the respondent not to have any contact with 
9 the petitioner or a third person specifically named by the 
10 court;
11  (3) prohibit the respondent from knowingly coming 
12 within, or knowingly remaining within a specified distance 
13 of the petitioner or the petitioner's residence, school, 
14 daycare, or place of employment, or any specified place 
15 frequented by the petitioner; however, the court may order 
16 the respondent to stay away from the respondent's own 
17 residence, school, or place of employment only if the 
18 respondent has been provided actual notice of the 
19 opportunity to appear and be heard on the petition;
20  (4) prohibit the respondent from possessing a Firearm 
21 Owners Identification Card, or possessing or buying 
22 firearms; and
23  (5) order other injunctive relief the court determines 
24 to be necessary to protect the petitioner or third party 
25 specifically named by the court.
26 (b-5) When the petitioner and the respondent attend the 
 
 
HB0674- 259 -LRB100 07853 SLF 17922 b


1same public, private, or non-public elementary, middle, or high 
2school, the court when issuing a stalking no contact order and 
3providing relief shall consider the severity of the act, any 
4continuing physical danger or emotional distress to the 
5petitioner, the educational rights guaranteed to the 
6petitioner and respondent under federal and State law, the 
7availability of a transfer of the respondent to another school, 
8a change of placement or a change of program of the respondent, 
9the expense, difficulty, and educational disruption that would 
10be caused by a transfer of the respondent to another school, 
11and any other relevant facts of the case. The court may order 
12that the respondent not attend the public, private, or 
13non-public elementary, middle, or high school attended by the 
14petitioner, order that the respondent accept a change of 
15placement or program, as determined by the school district or 
16private or non-public school, or place restrictions on the 
17respondent's movements within the school attended by the 
18petitioner.
The respondent bears the burden of proving by a 
19preponderance of the evidence that a transfer, change of 
20placement, or change of program of the respondent is not 
21available. The respondent also bears the burden of production 
22with respect to the expense, difficulty, and educational 
23disruption that would be caused by a transfer of the respondent 
24to another school. A transfer, change of placement, or change 
25of program is not unavailable to the respondent solely on the 
26ground that the respondent does not agree with the school 
 
 
HB0674- 260 -LRB100 07853 SLF 17922 b


1district's or private or non-public school's transfer, change 
2of placement, or change of program or solely on the ground that 
3the respondent fails or refuses to consent to or otherwise does 
4not take an action required to effectuate a transfer, change of 
5placement, or change of program.
When a court orders a 
6respondent to stay away from the public, private, or non-public 
7school attended by the petitioner and the respondent requests a 
8transfer to another attendance center within the respondent's 
9school district or private or non-public school, the school 
10district or private or non-public school shall have sole 
11discretion to determine the attendance center to which the 
12respondent is transferred.
In the event the court order results 
13in a transfer of the minor respondent to another attendance 
14center, a change in the respondent's placement, or a change of 
15the respondent's program, the parents, guardian, or legal 
16custodian of the respondent is responsible for transportation 
17and other costs associated with the transfer or change. 
18 (b-6) The court may order the parents, guardian, or legal 
19custodian of a minor respondent to take certain actions or to 
20refrain from taking certain actions to ensure that the 
21respondent complies with the order. In the event the court 
22orders a transfer of the respondent to another school, the 
23parents, guardian, or legal custodian of the respondent are 
24responsible for transportation and other costs associated with 
25the change of school by the respondent. 
26 (b-7) The court shall not hold a school district or private 
 
 
HB0674- 261 -LRB100 07853 SLF 17922 b


1or non-public school or any of its employees in civil or 
2criminal contempt unless the school district or private or 
3non-public school has been allowed to intervene.
4 (b-8) The court may hold the parents, guardian, or legal 
5custodian of a minor respondent in civil or criminal contempt 
6for a violation of any provision of any order entered under 
7this Act for conduct of the minor respondent in violation of 
8this Act if the
parents, guardian, or legal custodian directed, 
9encouraged, or assisted the respondent minor in such conduct. 
10 (c) The court may award the petitioner costs and attorneys 
11fees if a stalking no contact order is granted.
12 (d) Monetary damages are not recoverable as a remedy.
13 (e) If the stalking no contact order prohibits the 
14respondent from possessing a Firearm Owner's Identification 
15Card, or possessing or buying firearms; the court shall 
16confiscate the respondent's firearms Firearm Owner's 
17Identification Card and immediately return the card to the 
18Department of State Police Firearm Owner's Identification Card 
19Office.


20(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12; 
2197-1131, eff. 1-1-13.)

22 Section 105. The Mental Health and Developmental 
23Disabilities Confidentiality Act is amended by changing 
24Section 12 as follows:



 
 
HB0674- 262 -LRB100 07853 SLF 17922 b


1 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)


2 Sec. 12. (a) If the United States Secret Service or the 
3Department of
State Police requests information from a mental 
4health or developmental
disability facility, as defined in 
5Section 1-107 and 1-114 of the Mental
Health and Developmental 
6Disabilities Code, relating to a specific
recipient and the 
7facility director determines that disclosure of such

8information may be necessary to protect the life of, or to 
9prevent
the infliction of great bodily harm to, a public 
10official,
or a person under the protection of the United
States 
11Secret Service, only the following information
may be 
12disclosed: the recipient's name, address, and age and the date 
13of
any admission to or discharge from a facility; and any 
14information which
would indicate whether or not the recipient 
15has a history of violence or
presents a danger of violence to 
16the person under protection. Any information
so disclosed shall 
17be used for investigative purposes only and shall not
be 
18publicly disseminated.
Any person participating in good faith 
19in the disclosure of such
information in accordance with this 
20provision shall have immunity from any
liability, civil, 
21criminal or otherwise, if such information is disclosed
relying 
22upon the representation of an officer of the United States 
23Secret
Service or the Department of State Police that a person 
24is under the
protection of the United States Secret Service or 
25is a public official.

26 For the purpose of this subsection (a), the term "public 
 
 
HB0674- 263 -LRB100 07853 SLF 17922 b


1official" means
the Governor, Lieutenant Governor, Attorney 
2General, Secretary of State,
State Comptroller, State 
3Treasurer, member of the General Assembly, member of the United 
4States Congress, Judge of the United States as defined in 28 
5U.S.C. 451, Justice of the United States as defined in 28 
6U.S.C. 451, United States Magistrate Judge as defined in 28 
7U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or 
8Supreme, Appellate, Circuit, or Associate Judge of the State of 
9Illinois. The
term shall also include the spouse, child or 
10children of a public official.

11 (b) The Department of Human Services (acting as successor 
12to the
Department of Mental Health and Developmental 
13Disabilities) and all
public or private hospitals and mental 
14health facilities are required, as hereafter described in this 
15subsection,
to furnish the Department of State Police only such 
16information as may
be required for the sole purpose of 
17determining whether an individual who
may be or may have been a 
18patient is disqualified because of that status
from receiving 
19or retaining a firearm under paragraph (4) of subsection (a) of 
20Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's 
21Identification Card or falls within the federal prohibitors 
22under subsection (e), (f), (g), (r), (s), or (t) of Section 8 
23of the Firearm Owners Identification Card Act, or falls within 
24the federal prohibitors in 18 U.S.C. 922(g) and (n). All 
25physicians, clinical psychologists, or qualified examiners at 
26public or private mental health facilities or parts thereof as 
 
 
HB0674- 264 -LRB100 07853 SLF 17922 b


1defined in this subsection shall, in the form and manner 
2required
by the Department, provide notice directly to the 
3Department of Human Services, or to his or her employer who 
4shall then report to the Department, within 24 hours after 
5determining that a person poses a clear and present danger to 
6himself, herself, or others, or within 7 days after a person 14 
7years or older is determined to be a person with a 
8developmental disability by a physician, clinical 
9psychologist, or qualified examiner as described in this 
10subsection (b) Section 1.1 of the Firearm Owners Identification 
11Card Act. If a person is a patient as described in clause 
12(2)(A) (1) of the definition of "patient" in (2)(A) Section 1.1 
13of the Firearm Owners Identification Card Act, this information 
14shall be furnished within 7 days after
admission to a public or 
15private hospital or mental health facility or the provision of 
16services. Any such information disclosed under
this subsection 
17shall
remain privileged and confidential, and shall not be 
18redisclosed, except as required by clause (e)(2) of Section 
1924-4.5 of the Criminal Code of 2012 subsection (e) of Section 
203.1 of the Firearm Owners Identification Card Act, nor utilized

21for any other purpose. The method of requiring the providing of 
22such
information shall guarantee that no information is 
23released beyond what
is necessary for this purpose. In 
24addition, the information disclosed
shall be provided
by the 
25Department within the time period established by Section 24-3 
26of the
Criminal Code of 2012 regarding the delivery of 
 
 
HB0674- 265 -LRB100 07853 SLF 17922 b


1firearms. The method used
shall be sufficient to provide the 
2necessary information within the
prescribed time period, which 
3may include periodically providing
lists to the Department of 
4Human Services
or any public or private hospital or mental 
5health facility of Firearm Owner's Identification Card 
6applicants for firearm purchases
on which the Department or 
7hospital shall indicate the identities of those
individuals who 
8are to its knowledge disqualified from having a firearm Firearm

9Owner's Identification Card for reasons described herein. The 
10Department
may provide for a centralized source
of information 
11for the State on this subject under its jurisdiction. The 
12identity of the person reporting under this subsection shall 
13not be disclosed to the subject of the report. For the purposes 
14of this subsection, the physician, clinical psychologist, or 
15qualified examiner making the determination and his or her 
16employer shall not be held criminally, civilly, or 
17professionally liable for making or not making the notification 
18required under this subsection, except for willful or wanton 
19misconduct. 

20 Any person, institution, or agency, under this Act, 
21participating in
good faith in the reporting or disclosure of 
22records and communications
otherwise in accordance with this 
23provision or with rules, regulations or
guidelines issued by 
24the Department shall have immunity from any
liability, civil, 
25criminal or otherwise, that might result by reason of the

26action. For the purpose of any proceeding, civil or criminal,

 
 
HB0674- 266 -LRB100 07853 SLF 17922 b


1arising out of a report or disclosure in accordance with this 
2provision,
the good faith of any person,
institution, or agency 
3so reporting or disclosing shall be presumed. The
full extent 
4of the immunity provided in this subsection (b) shall apply to

5any person, institution or agency that fails to make a report 
6or disclosure
in the good faith belief that the report or 
7disclosure would violate
federal regulations governing the 
8confidentiality of alcohol and drug abuse
patient records 
9implementing 42 U.S.C. 290dd-3 and 290ee-3.

10 For purposes of this subsection (b) only, the following 
11terms shall have
the meaning prescribed:

12  (1) (Blank).

13  (1.3) "Clear and present danger" has the meaning as 
14 defined in Section 6-103.3 of the Mental Health and 
15 Developmental Disabilities Code 1.1 of the Firearm Owners 
16 Identification Card Act. 
17  (1.5) "Person with a developmental disability" 6-103.3 
18 of the Mental Health and Developmental Disabilities Code 
19 has the meaning as defined in Section 1.1 of the Firearm 
20 Owners Identification Card Act.
21  (2) "Patient" means (A) a person who voluntarily 
22 receives mental health treatment as an in-patient or 
23 resident of any public or private mental health facility, 
24 unless the treatment was solely for an alcohol abuse 
25 disorder and no other secondary substance abuse disorder or 
26 mental illness; or (B) a person who voluntarily receives 
 
 
HB0674- 267 -LRB100 07853 SLF 17922 b


1 mental health treatment as an out-patient or is provided 
2 services by a public or private mental health facility, and 
3 who poses a clear and present danger to himself, herself, 
4 or to others has the meaning as defined in Section 1.1 of 
5 the Firearm Owners Identification Card Act.

6  (3) "Mental health facility" means any licensed 
7 private hospital or hospital affiliate, institution, or 
8 facility, or part thereof, and any facility, or part 
9 thereof, operated by the State or a political subdivision 
10 thereof which provide treatment of persons with mental 
11 illness and includes all hospitals, institutions, clinics, 
12 evaluation facilities, mental health centers, colleges, 
13 universities, long-term care facilities, and nursing 
14 homes, or parts thereof, which provide treatment of persons 
15 with mental illness whether or not the primary purpose is 
16 to provide treatment of persons with mental illness has the 
17 meaning as defined in Section 1.1 of the Firearm Owners 
18 Identification Card Act.

19 (c) Upon the request of a peace officer who takes a person 
20into custody
and transports such person to a mental health or 
21developmental disability
facility pursuant to Section 3-606 or 
224-404 of the Mental Health and
Developmental Disabilities Code 
23or who transports a person from such facility,
a facility 
24director shall furnish said peace officer the name, address, 
25age
and name of the nearest relative of the person transported 
26to or from the
mental health or developmental disability 
 
 
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1facility. In no case shall the
facility director disclose to 
2the peace officer any information relating to the
diagnosis, 
3treatment or evaluation of the person's mental or physical 
4health.

5 For the purposes of this subsection (c), the terms "mental 
6health or
developmental disability facility", "peace officer" 
7and "facility director"
shall have the meanings ascribed to 
8them in the Mental Health and
Developmental Disabilities Code.

9 (d) Upon the request of a peace officer or prosecuting 
10authority who is
conducting a bona fide investigation of a 
11criminal offense, or attempting to
apprehend a fugitive from 
12justice,
a facility director may disclose whether a person is 
13present at the facility.
Upon request of a peace officer or 
14prosecuting authority who has a valid
forcible felony warrant 
15issued, a facility director shall disclose: (1) whether
the 
16person who is the subject of the warrant is present at the 
17facility and (2)
the
date of that person's discharge or future 
18discharge from the facility.
The requesting peace officer or 
19prosecuting authority must furnish a case
number and the 
20purpose of the investigation or an outstanding arrest warrant 
21at
the time of the request. Any person, institution, or agency

22participating in good faith in disclosing such information in 
23accordance with
this subsection (d) is immune from any 
24liability, civil, criminal or
otherwise, that might result by 
25reason of the action.

26(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, 
 
 
HB0674- 269 -LRB100 07853 SLF 17922 b


1eff. 7-27-15; 99-642, eff. 7-28-16.)


2 Section 110. The Illinois Domestic Violence Act of 1986 is 
3amended by changing Section 214 as follows:




4 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)


5 Sec. 214. Order of protection; remedies. 

6 (a) Issuance of order. If the court finds that petitioner 
7has been
abused by a family or household member or that 
8petitioner is a high-risk
adult who has been abused, neglected, 
9or exploited, as defined in this Act,
an order of protection 
10prohibiting the abuse, neglect, or exploitation
shall issue; 
11provided that petitioner must also satisfy the requirements of

12one of the following Sections, as appropriate: Section 217 on 
13emergency
orders, Section 218 on interim orders, or Section 219 
14on plenary orders.
Petitioner shall not be denied an order of 
15protection because petitioner or
respondent is a minor. The 
16court, when determining whether or not to issue
an order of 
17protection, shall not require physical manifestations of abuse

18on the person of the victim. Modification and extension of 
19prior
orders of protection shall be in accordance with this 
20Act.

21 (b) Remedies and standards. The remedies to be included in 
22an order of
protection shall be determined in accordance with 
23this Section and one of
the following Sections, as appropriate: 
24Section 217 on emergency orders,
Section 218 on interim orders, 
 
 
HB0674- 270 -LRB100 07853 SLF 17922 b


1and Section 219 on plenary orders. The
remedies listed in this 
2subsection shall be in addition to other civil or
criminal 
3remedies available to petitioner.

4  (1) Prohibition of abuse, neglect, or exploitation. 
5 Prohibit
respondent's harassment, interference with 
6 personal liberty, intimidation
of a dependent, physical 
7 abuse, or willful deprivation, neglect or
exploitation, as 
8 defined in this Act, or stalking of the petitioner, as 
9 defined
in Section 12-7.3 of the Criminal Code of 2012, if 
10 such abuse, neglect,
exploitation, or stalking has 
11 occurred or otherwise appears likely to occur if
not 
12 prohibited.

13  (2) Grant of exclusive possession of residence. 
14 Prohibit respondent from
entering or remaining in any 
15 residence, household, or premises of the petitioner,

16 including one owned or leased by respondent, if petitioner 
17 has a right to
occupancy thereof. The grant of exclusive 
18 possession of the residence, household, or premises shall 
19 not
affect title to real property, nor shall the court be 
20 limited by the standard
set forth in Section 701 of the 
21 Illinois Marriage and Dissolution of Marriage
Act.

22   (A) Right to occupancy. A party has a right to 
23 occupancy of a
residence or household if it is solely 
24 or jointly owned or leased by that
party, that party's 
25 spouse, a person with a legal duty to support that 
26 party or
a minor child in that party's care, or by any 
 
 
HB0674- 271 -LRB100 07853 SLF 17922 b


1 person or entity other than the
opposing party that 
2 authorizes that party's occupancy (e.g., a domestic

3 violence shelter). Standards set forth in subparagraph 
4 (B) shall not preclude
equitable relief.

5   (B) Presumption of hardships. If petitioner and 
6 respondent
each has the right to occupancy of a 
7 residence or household, the court
shall balance (i) the 
8 hardships to respondent and any minor child or

9 dependent adult in respondent's care resulting from 
10 entry of this remedy with
(ii) the hardships to 
11 petitioner and any minor child or dependent adult in

12 petitioner's care resulting from continued exposure to 
13 the risk of abuse
(should petitioner remain at the 
14 residence or household) or from loss of
possession of 
15 the residence or household (should petitioner leave to 
16 avoid the
risk of abuse). When determining the balance 
17 of hardships, the court shall
also take into account 
18 the accessibility of the residence or household.

19 Hardships need not be balanced if respondent does not 
20 have a right to
occupancy.

21   The balance of hardships is presumed to favor 
22 possession by
petitioner unless the presumption is 
23 rebutted by a preponderance of the
evidence, showing 
24 that the hardships to respondent substantially 
25 outweigh
the hardships to petitioner and any minor 
26 child or dependent adult in
petitioner's care. The 
 
 
HB0674- 272 -LRB100 07853 SLF 17922 b


1 court, on the request of petitioner or on its own

2 motion, may order respondent to provide suitable, 
3 accessible, alternate housing
for petitioner instead 
4 of excluding respondent from a mutual residence or

5 household.

6  (3) Stay away order and additional prohibitions.
Order 
7 respondent to stay away from petitioner or any other person

8 protected by the order of protection, or prohibit 
9 respondent from entering
or remaining present at 
10 petitioner's school, place of employment, or other

11 specified places at times when petitioner is present, or 
12 both, if
reasonable, given the balance of hardships. 
13 Hardships need not be balanced for
the court to enter a 
14 stay away order or prohibit entry if respondent has no

15 right to enter the premises.

16   (A) If an order of protection grants petitioner 
17 exclusive possession
of the residence, or prohibits 
18 respondent from entering the residence,
or orders 
19 respondent to stay away from petitioner or other

20 protected persons, then the court may allow respondent 
21 access to the
residence to remove items of clothing and 
22 personal adornment
used exclusively by respondent, 
23 medications, and other items as the court
directs. The 
24 right to access shall be exercised on only one occasion 
25 as the
court directs and in the presence of an 
26 agreed-upon adult third party or law
enforcement 
 
 
HB0674- 273 -LRB100 07853 SLF 17922 b


1 officer.

2   (B) When the petitioner and the respondent attend 
3 the same public, private, or non-public elementary, 
4 middle, or high school, the court when issuing an order 
5 of protection and providing relief shall consider the 
6 severity of the act, any continuing physical danger or 
7 emotional distress to the petitioner, the educational 
8 rights guaranteed to the petitioner and respondent 
9 under federal and State law, the availability of a 
10 transfer of the respondent to another school, a change 
11 of placement or a change of program of the respondent, 
12 the expense, difficulty, and educational disruption 
13 that would be caused by a transfer of the respondent to 
14 another school, and any other relevant facts of the 
15 case. The court may order that the respondent not 
16 attend the public, private, or non-public elementary, 
17 middle, or high school attended by the petitioner, 
18 order that the respondent accept a change of placement 
19 or change of program, as determined by the school 
20 district or private or non-public school, or place 
21 restrictions on the respondent's movements within the 
22 school attended by the petitioner.
The respondent 
23 bears the burden of proving by a preponderance of the 
24 evidence that a transfer, change of placement, or 
25 change of program of the respondent is not available. 
26 The respondent also bears the burden of production with 
 
 
HB0674- 274 -LRB100 07853 SLF 17922 b


1 respect to the expense, difficulty, and educational 
2 disruption that would be caused by a transfer of the 
3 respondent to another school. A transfer, change of 
4 placement, or change of program is not unavailable to 
5 the respondent solely on the ground that the respondent 
6 does not agree with the school district's or private or 
7 non-public school's transfer, change of placement, or 
8 change of program or solely on the ground that the 
9 respondent fails or refuses to consent or otherwise 
10 does not take an action required to effectuate a 
11 transfer, change of placement, or change of program.

12 When a court orders a respondent to stay away from the 
13 public, private, or non-public school attended by the 
14 petitioner and the respondent requests a transfer to 
15 another attendance center within the respondent's 
16 school district or private or non-public school, the 
17 school district or private or non-public school shall 
18 have sole discretion to determine the attendance 
19 center to which the respondent is transferred.
In the 
20 event the court order results in a transfer of the 
21 minor respondent to another attendance center, a 
22 change in the respondent's placement, or a change of 
23 the respondent's program, the parents, guardian, or 
24 legal custodian of the respondent is responsible for 
25 transportation and other costs associated with the 
26 transfer or change. 
 
 
HB0674- 275 -LRB100 07853 SLF 17922 b


1   (C) The court may order the parents, guardian, or 
2 legal custodian of a minor respondent to take certain 
3 actions or to refrain from taking certain actions to 
4 ensure that the respondent complies with the order. In 
5 the event the court orders a transfer of the respondent 
6 to another school, the parents, guardian, or legal 
7 custodian of the respondent is responsible for 
8 transportation and other costs associated with the 
9 change of school by the respondent. 
10  (4) Counseling. Require or recommend the respondent to 
11 undergo
counseling for a specified duration with a social 
12 worker, psychologist,
clinical psychologist, psychiatrist, 
13 family service agency, alcohol or
substance abuse program, 
14 mental health center guidance counselor, agency
providing 
15 services to elders, program designed for domestic violence

16 abusers or any other guidance service the court deems 
17 appropriate. The Court may order the respondent in any 
18 intimate partner relationship to report to an Illinois 
19 Department of Human Services protocol approved partner 
20 abuse intervention program for an assessment and to follow 
21 all recommended treatment. 

22  (5) Physical care and possession of the minor child. In 
23 order to protect
the minor child from abuse, neglect, or 
24 unwarranted separation from the person
who has been the 
25 minor child's primary caretaker, or to otherwise protect 
26 the
well-being of the minor child, the court may do either 
 
 
HB0674- 276 -LRB100 07853 SLF 17922 b


1 or both of the
following: (i) grant petitioner physical 
2 care or possession of the minor child,
or both, or (ii) 
3 order respondent to return a minor child to, or not remove 
4 a
minor child from, the physical care of a parent or person 
5 in loco parentis.

6  If a court finds, after a hearing, that respondent has 
7 committed abuse
(as defined in Section 103) of a minor 
8 child, there shall be a
rebuttable presumption that 
9 awarding physical care to respondent would not
be in the 
10 minor child's best interest.

11  (6) Temporary allocation of parental responsibilities: 
12 significant decision-making. Award temporary 
13 decision-making responsibility to petitioner
in accordance 
14 with this Section, the Illinois Marriage and Dissolution of

15 Marriage Act, the Illinois Parentage Act of 2015, and this 
16 State's Uniform
Child-Custody Jurisdiction and Enforcement 
17 Act. 

18  If a court finds, after a hearing, that respondent has 
19 committed abuse (as
defined in Section 103) of a minor 
20 child, there shall be a rebuttable
presumption that 
21 awarding temporary significant decision-making 
22 responsibility to respondent would not be in
the child's 
23 best interest.

24  (7) Parenting time. Determine the parenting time, if 
25 any, of respondent in
any case in which the court awards 
26 physical care or allocates temporary significant 
 
 
HB0674- 277 -LRB100 07853 SLF 17922 b


1 decision-making responsibility of
a minor child to 
2 petitioner. The court shall restrict or deny respondent's 
3 parenting time
with a minor child if the court finds that 
4 respondent has done or is
likely to do any of the 
5 following: (i) abuse or endanger the minor child during 
6 parenting time; (ii) use the parenting time as an 
7 opportunity to abuse or harass
petitioner or petitioner's 
8 family or household members; (iii) improperly
conceal or 
9 detain the minor child; or (iv) otherwise act in a manner 
10 that is
not in the best interests of the minor child. The 
11 court shall not be limited
by the standards set forth in 
12 Section 603.10 of the Illinois Marriage and
Dissolution of 
13 Marriage Act. If the court grants parenting time, the order 
14 shall
specify dates and times for the parenting time to 
15 take place or other specific
parameters or conditions that 
16 are appropriate. No order for parenting time shall
refer 
17 merely to the term "reasonable parenting time".

18  Petitioner may deny respondent access to the minor 
19 child if, when
respondent arrives for parenting time, 
20 respondent is under the influence of drugs
or alcohol and 
21 constitutes a threat to the safety and well-being of

22 petitioner or petitioner's minor children or is behaving in 
23 a violent or
abusive manner.

24  If necessary to protect any member of petitioner's 
25 family or
household from future abuse, respondent shall be 
26 prohibited from coming to
petitioner's residence to meet 
 
 
HB0674- 278 -LRB100 07853 SLF 17922 b


1 the minor child for parenting time, and the
parties shall 
2 submit to the court their recommendations for reasonable

3 alternative arrangements for parenting time. A person may 
4 be approved to
supervise parenting time only after filing 
5 an affidavit accepting
that responsibility and 
6 acknowledging accountability to the court.

7  (8) Removal or concealment of minor child. Prohibit 
8 respondent from
removing a minor child from the State or 
9 concealing the child within the State.


10  (9) Order to appear. Order the respondent to appear in 
11 court, alone
or with a minor child, to prevent abuse, 
12 neglect, removal or concealment of
the child, to return the 
13 child to the custody or care of the petitioner or
to permit 
14 any court-ordered interview or examination of the child or 
15 the
respondent.

16  (10) Possession of personal property. Grant petitioner 
17 exclusive
possession of personal property and, if 
18 respondent has possession or
control, direct respondent to 
19 promptly make it available to petitioner, if:

20   (i) petitioner, but not respondent, owns the 
21 property; or

22   (ii) the parties own the property jointly; sharing 
23 it would risk
abuse of petitioner by respondent or is 
24 impracticable; and the balance of
hardships favors 
25 temporary possession by petitioner.

26  If petitioner's sole claim to ownership of the property 
 
 
HB0674- 279 -LRB100 07853 SLF 17922 b


1 is that it is
marital property, the court may award 
2 petitioner temporary possession
thereof under the 
3 standards of subparagraph (ii) of this paragraph only if
a 
4 proper proceeding has been filed under the Illinois 
5 Marriage and
Dissolution of Marriage Act, as now or 
6 hereafter amended.

7  No order under this provision shall affect title to 
8 property.

9  (11) Protection of property. Forbid the respondent 
10 from taking,
transferring, encumbering, concealing, 
11 damaging or otherwise disposing of
any real or personal 
12 property, except as explicitly authorized by the
court, if:

13   (i) petitioner, but not respondent, owns the 
14 property; or

15   (ii) the parties own the property jointly,
and the 
16 balance of hardships favors granting this remedy.

17  If petitioner's sole claim to ownership of the property 
18 is that it is
marital property, the court may grant 
19 petitioner relief under subparagraph
(ii) of this 
20 paragraph only if a proper proceeding has been filed under 
21 the
Illinois Marriage and Dissolution of Marriage Act, as 
22 now or hereafter amended.

23  The court may further prohibit respondent from 
24 improperly using the
financial or other resources of an 
25 aged member of the family or household
for the profit or 
26 advantage of respondent or of any other person.

 
 
HB0674- 280 -LRB100 07853 SLF 17922 b


1  (11.5) Protection of animals. Grant the petitioner the 
2 exclusive care, custody, or control of any animal owned, 
3 possessed, leased, kept, or held by either the petitioner 
4 or the respondent or a minor child residing in the 
5 residence or household of either the petitioner or the 
6 respondent and order the respondent to stay away from the 
7 animal and forbid the respondent from taking, 
8 transferring, encumbering, concealing, harming, or 
9 otherwise disposing of the animal.

10  (12) Order for payment of support. Order respondent to 
11 pay temporary
support for the petitioner or any child in 
12 the petitioner's care or over whom the petitioner has been 
13 allocated parental responsibility, when the respondent has 
14 a legal obligation to support that person,
in accordance 
15 with the Illinois Marriage and Dissolution
of Marriage Act, 
16 which shall govern, among other matters, the amount of

17 support, payment through the clerk and withholding of 
18 income to secure
payment. An order for child support may be 
19 granted to a petitioner with
lawful physical care of a 
20 child, or an order or agreement for
physical care of a 
21 child, prior to entry of an order allocating significant 
22 decision-making responsibility.
Such a support order shall 
23 expire upon entry of a valid order allocating parental 
24 responsibility differently and vacating the petitioner's 
25 significant decision-making authority, unless otherwise 
26 provided in the order.

 
 
HB0674- 281 -LRB100 07853 SLF 17922 b


1  (13) Order for payment of losses. Order respondent to 
2 pay petitioner for
losses suffered as a direct result of 
3 the abuse, neglect, or exploitation.
Such losses shall 
4 include, but not be limited to, medical expenses, lost

5 earnings or other support, repair or replacement of 
6 property damaged or taken,
reasonable attorney's fees, 
7 court costs and moving or other travel expenses,
including 
8 additional reasonable expenses for temporary shelter and 
9 restaurant
meals.

10   (i) Losses affecting family needs. If a party is 
11 entitled to seek
maintenance, child support or 
12 property distribution from the other party
under the 
13 Illinois Marriage and Dissolution of Marriage Act, as 
14 now or
hereafter amended, the court may order 
15 respondent to reimburse petitioner's
actual losses, to 
16 the extent that such reimbursement would be 
17 "appropriate
temporary relief", as authorized by 
18 subsection (a)(3) of Section 501 of
that Act.

19   (ii) Recovery of expenses. In the case of an 
20 improper concealment
or removal of a minor child, the 
21 court may order respondent to pay the
reasonable 
22 expenses incurred or to be incurred in the search for 
23 and recovery
of the minor child, including but not 
24 limited to legal fees, court costs,
private 
25 investigator fees, and travel costs.

26  (14) Prohibition of entry. Prohibit the respondent 
 
 
HB0674- 282 -LRB100 07853 SLF 17922 b


1 from entering or
remaining in the residence or household 
2 while the respondent is under the
influence of alcohol or 
3 drugs and constitutes a threat to the safety and
well-being 
4 of the petitioner or the petitioner's children.

5  (14.5) Prohibition of firearm possession.

6   (a) Prohibit a respondent against whom an order of 
7 protection was issued from possessing any firearms 
8 during the duration of the order if the order:
9    (1) was issued after a hearing of which such 
10 person received
actual notice, and at which such 
11 person had an opportunity to
participate;
12    (2) restrains such person from harassing, 
13 stalking, or
threatening an intimate partner of 
14 such person or child of such
intimate partner or 
15 person, or engaging in other conduct that
would 
16 place an intimate partner in reasonable fear of 
17 bodily
injury to the partner or child; and
18    (3)(i) includes a finding that such person 
19 represents a
credible threat to the physical 
20 safety of such intimate partner
or child; or
(ii) 
21 by its terms explicitly prohibits the use, 
22 attempted
use, or threatened use of physical force 
23 against such intimate
partner or child that would 
24 reasonably be expected to cause
bodily injury.
25  Any Firearm Owner's Identification Card in the

26 possession of the respondent, except as provided in 
 
 
HB0674- 283 -LRB100 07853 SLF 17922 b


1 subsection (b), shall be ordered by the court to be 
2 turned
over to the local law enforcement agency. The 
3 local law enforcement agency shall immediately mail 
4 the card to the Department of State Police Firearm 
5 Owner's Identification Card Office
for safekeeping. 
6 The court shall
issue a warrant for seizure of any 
7 firearm in the possession of the respondent, to be kept 
8 by the local law enforcement agency for safekeeping, 
9 except as provided in subsection (b).
The period of 
10 safekeeping shall be for the duration of the order of 
11 protection. The firearm or firearms and Firearm 
12 Owner's Identification Card, if unexpired, shall at 
13 the respondent's request, be returned to the 
14 respondent at the end
of the order of protection. It is 
15 the respondent's responsibility to notify the 
16 Department of State Police Firearm Owner's 
17 Identification Card Office. 

18   (b) If the respondent is a peace officer as defined 
19 in Section 2-13 of
the
Criminal Code of 2012, the court 
20 shall order that any firearms used by the
respondent in 
21 the performance of his or her duties as a
peace officer 
22 be surrendered to
the chief law enforcement executive 
23 of the agency in which the respondent is
employed, who 
24 shall retain the firearms for safekeeping for the 
25 duration of the order of protection.

26   (c) Upon expiration of the period of safekeeping, 
 
 
HB0674- 284 -LRB100 07853 SLF 17922 b


1 if the firearms or Firearm Owner's Identification Card 
2 cannot be returned to respondent because respondent 
3 cannot be located, fails to respond to requests to 
4 retrieve the firearms, or is not lawfully eligible to 
5 possess a firearm, upon petition from the local law 
6 enforcement agency, the court may order the local law 
7 enforcement agency to destroy the firearms, use the 
8 firearms for training purposes, or for any other 
9 application as deemed appropriate by the local law 
10 enforcement agency; or that the firearms be turned over 
11 to a third party who is lawfully eligible to possess 
12 firearms, and who does not reside with respondent. 
13  (15) Prohibition of access to records. If an order of 
14 protection
prohibits respondent from having contact with 
15 the minor child,
or if petitioner's address is omitted 
16 under subsection (b) of
Section 203, or if necessary to 
17 prevent abuse or wrongful removal or
concealment of a minor 
18 child, the order shall deny respondent access to, and

19 prohibit respondent from inspecting, obtaining, or 
20 attempting to
inspect or obtain, school or any other 
21 records of the minor child
who is in the care of 
22 petitioner.

23  (16) Order for payment of shelter services. Order 
24 respondent to
reimburse a shelter providing temporary 
25 housing and counseling services to
the petitioner for the 
26 cost of the services, as certified by the shelter
and 
 
 
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1 deemed reasonable by the court.

2  (17) Order for injunctive relief. Enter injunctive 
3 relief necessary
or appropriate to prevent further abuse of 
4 a family or household member
or further abuse, neglect, or 
5 exploitation of a high-risk adult with
disabilities or to 
6 effectuate one of the granted remedies, if supported by the

7 balance of hardships. If the harm to be prevented by the 
8 injunction is abuse
or any other harm that one of the 
9 remedies listed in paragraphs (1) through
(16) of this 
10 subsection is designed to prevent, no further evidence is

11 necessary that the harm is an irreparable injury.

12 (c) Relevant factors; findings.

13  (1) In determining whether to grant a specific remedy, 
14 other than
payment of support, the court shall consider

15 relevant factors, including but not limited to the 
16 following:

17   (i) the nature, frequency, severity, pattern and 
18 consequences of the
respondent's past abuse, neglect 
19 or exploitation of the petitioner or
any family or 
20 household member, including the concealment of his or 
21 her
location in order to evade service of process or 
22 notice, and the likelihood of
danger of future abuse, 
23 neglect, or exploitation to petitioner or any member of

24 petitioner's or respondent's family or household; and

25   (ii) the danger that any minor child will be abused 
26 or neglected or
improperly relocated from the 
 
 
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1 jurisdiction, improperly concealed within the
State or 
2 improperly separated from the child's primary 
3 caretaker.

4  (2) In comparing relative hardships resulting to the 
5 parties from loss
of possession of the family home, the 
6 court shall consider relevant
factors, including but not 
7 limited to the following:

8   (i) availability, accessibility, cost, safety, 
9 adequacy, location and
other characteristics of 
10 alternate housing for each party and any minor child
or 
11 dependent adult in the party's care;

12   (ii) the effect on the party's employment; and

13   (iii) the effect on the relationship of the party, 
14 and any minor
child or dependent adult in the party's 
15 care, to family, school, church
and community.

16  (3) Subject to the exceptions set forth in paragraph 
17 (4) of this
subsection, the court shall make its findings 
18 in an official record or in
writing, and shall at a minimum 
19 set forth the following:

20   (i) That the court has considered the applicable 
21 relevant factors
described in paragraphs (1) and (2) of 
22 this subsection.

23   (ii) Whether the conduct or actions of respondent, 
24 unless
prohibited, will likely cause irreparable harm 
25 or continued abuse.

26   (iii) Whether it is necessary to grant the 
 
 
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1 requested relief in order
to protect petitioner or 
2 other alleged abused persons.

3  (4) For purposes of issuing an ex parte emergency order 
4 of protection,
the court, as an alternative to or as a 
5 supplement to making the findings
described in paragraphs 
6 (c)(3)(i) through (c)(3)(iii) of this subsection, may
use 
7 the following procedure:

8  When a verified petition for an emergency order of 
9 protection in
accordance with the requirements of Sections 
10 203 and 217 is
presented to the court, the court shall 
11 examine petitioner on oath or
affirmation. An emergency 
12 order of protection shall be issued by the court
if it 
13 appears from the contents of the petition and the 
14 examination of
petitioner that the averments are 
15 sufficient to indicate abuse by
respondent and to support 
16 the granting of relief under the issuance of the
emergency 
17 order of protection.

18  (5) Never married parties. No rights or 
19 responsibilities for a minor
child born outside of marriage 
20 attach to a putative father until a father and
child 
21 relationship has been established under the Illinois 
22 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
23 the Illinois Public Aid Code, Section 12 of the Vital 
24 Records Act, the
Juvenile Court Act of 1987, the Probate 
25 Act of 1985, the Revised Uniform
Reciprocal Enforcement of 
26 Support Act, the Uniform Interstate Family Support
Act, the 
 
 
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1 Expedited Child Support Act of 1990, any judicial, 
2 administrative, or
other act of another state or territory, 
3 any other Illinois statute, or by any
foreign nation 
4 establishing the father and child relationship, any other

5 proceeding substantially in conformity with the Personal 
6 Responsibility and
Work Opportunity Reconciliation Act of 
7 1996 (Pub. L. 104-193), or where both
parties appeared in 
8 open court or at an administrative hearing acknowledging

9 under
oath or admitting by affirmation the existence of a 
10 father and child
relationship.
Absent such an 
11 adjudication, finding, or acknowledgement, no putative

12 father shall be granted
temporary allocation of parental 
13 responsibilities, including parenting time with the minor 
14 child, or
physical care and possession of the minor child, 
15 nor shall an order of payment
for support of the minor 
16 child be entered.

17 (d) Balance of hardships; findings. If the court finds that 
18the balance
of hardships does not support the granting of a 
19remedy governed by
paragraph (2), (3), (10), (11), or (16) of 
20subsection (b) of this Section,
which may require such 
21balancing, the court's findings shall so
indicate and shall 
22include a finding as to whether granting the remedy will
result 
23in hardship to respondent that would substantially outweigh the 
24hardship
to petitioner from denial of the remedy. The findings 
25shall be an official
record or in writing.

26 (e) Denial of remedies. Denial of any remedy shall not be 
 
 
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1based, in
whole or in part, on evidence that:

2  (1) Respondent has cause for any use of force, unless 
3 that cause
satisfies the standards for justifiable use of 
4 force provided by Article
7 of the Criminal Code of 2012;

5  (2) Respondent was voluntarily intoxicated;

6  (3) Petitioner acted in self-defense or defense of 
7 another, provided
that, if petitioner utilized force, such 
8 force was justifiable under
Article 7 of the Criminal Code 
9 of 2012; 

10  (4) Petitioner did not act in self-defense or defense 
11 of another;

12  (5) Petitioner left the residence or household to avoid 
13 further abuse,
neglect, or exploitation by respondent;

14  (6) Petitioner did not leave the residence or household 
15 to avoid further
abuse, neglect, or exploitation by 
16 respondent;

17  (7) Conduct by any family or household member excused 
18 the abuse,
neglect, or exploitation by respondent, unless 
19 that same conduct would have
excused such abuse, neglect, 
20 or exploitation if the parties had not been
family or 
21 household members.

22(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642, 
23eff. 7-28-16.)


24 Section 115. The Uniform Disposition of Unclaimed Property 
25Act is amended by changing Section 1 as follows:




 
 
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1 (765 ILCS 1025/1) (from Ch. 141, par. 101)



2 Sec. 1. As used in this Act, unless the context otherwise 
3requires: 

4 (a) "Banking organization" means any bank, trust company, 
5savings bank,
industrial bank, land bank, safe deposit company, 
6or a private banker.

7 (b) "Business association" means any corporation, joint 
8stock company,
business trust, partnership, or any

9association, limited liability company, or other business 
10entity consisting
of one or more persons, whether or not for 
11profit.

12 (c) "Financial organization" means any savings and loan 
13association,
building and loan association, credit union, 
14currency exchange,
co-operative bank, mutual funds, or 
15investment company.

16 (d) "Holder" means any person in possession of property 
17subject to this
Act belonging to another, or who is trustee in 
18case of a trust, or is
indebted to another on an obligation 
19subject to this Act.

20 (e) "Life insurance corporation" means any association or 
21corporation
transacting the business of insurance on the lives 
22of
persons or insurance appertaining thereto, including, but 
23not by way of
limitation, endowments and annuities.

24 (f) "Owner" means a depositor in case of a deposit, a 
25beneficiary in
case of a trust, a creditor, claimant, or payee 
 
 
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1in case of other property, or any person having a legal or 
2equitable interest in property
subject to this Act, or his 
3legal representative.

4 (g) "Person" means any individual, business association, 
5financial
organization, government or
political subdivision or 
6agency, public authority,
estate, trust, or any other legal or

7commercial entity.

8 (h) "Utility" means any person who owns or operates,
for 
9public use, any plant, equipment, property, franchise, or 
10license for
the transmission of communications or the 
11production, storage,
transmission, sale, delivery, or 
12furnishing of electricity, water,
steam, oil or gas.

13 (i) (Blank).

14 (j) "Insurance company" means any person transacting the 
15kinds of
business enumerated in Section 4 of the Illinois 
16Insurance Code other than
life insurance.

17 (k) "Economic loss", as used in Sections 2a and 9 of this 
18Act includes,
but is not limited to,
delivery charges, 
19mark-downs and write-offs, carrying
costs, restocking charges, 
20lay-aways, special orders, issuance of credit memos,
and the 
21costs of special services or goods
provided that reduce the 
22property value or that result in lost sales
opportunity.

23 (l) "Reportable property" means property, tangible or 
24intangible, presumed
abandoned under this Act that must be 
25appropriately and timely reported and
remitted to the Office of 
26the State Treasurer under this
Act. Interest, dividends, stock 
 
 
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1splits,
warrants, or other rights that become reportable 
2property under this Act
include the underlying security or 
3commodity giving rise to the interest,
dividend, split, 
4warrant, or other right to which the owner would be entitled.

5 (m) "Firearm" has the meaning ascribed to that term in 
6Section 2-7.5 of the Criminal Code of 2012
the Firearm Owners

7Identification Card Act.

8(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; 91-748, 
9eff. 6-2-00.)



10 Section 999. Effective date. This Act takes effect January 
111, 2018.

                        
 
 
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1
INDEX

2
Statutes amended in order of appearance

3 5 ILCS 140/7.5
4 20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
5 20 ILCS 2605/2605-300was 20 ILCS 2605/55a in part
6 20 ILCS 2605/2605-595
7 20 ILCS 2605/2605-120 rep.
8 20 ILCS 2630/2.2
9 30 ILCS 105/6z-99
10 50 ILCS 710/1from Ch. 85, par. 515
11 105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
12 105 ILCS 5/10-27.1A
13 105 ILCS 5/34-8.05
14 225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
15 225 ILCS 447/35-30
16 225 ILCS 447/35-35
17 405 ILCS 5/6-103.1
18 405 ILCS 5/6-103.2
19 405 ILCS 5/6-103.3
20 410 ILCS 45/2from Ch. 111 1/2, par. 1302
21 430 ILCS 65/Act rep.
22 430 ILCS 66/25
23 430 ILCS 66/30
24 430 ILCS 66/40
25 430 ILCS 66/70
                               
 
 
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1 430 ILCS 66/80
2 430 ILCS 66/105
3 520 ILCS 5/3.2from Ch. 61, par. 3.2
4 520 ILCS 5/3.2afrom Ch. 61, par. 3.2a
5 705 ILCS 105/27.3a
6 720 ILCS 5/2-7.1
7 720 ILCS 5/2-7.5
8 720 ILCS 5/12-3.05was 720 ILCS 5/12-4
9 720 ILCS 5/16-0.1
10 720 ILCS 5/17-30was 720 ILCS 5/16C-2
11 720 ILCS 5/24-1from Ch. 38, par. 24-1
12 720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
13 720 ILCS 5/24-1.6
14 720 ILCS 5/24-1.8
15 720 ILCS 5/24-2
16 720 ILCS 5/24-3from Ch. 38, par. 24-3
17 720 ILCS 5/24-3.1from Ch. 38, par. 24-3.1
18 720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2
19 720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4
20 720 ILCS 5/24-3.5
21 720 ILCS 5/24-4.1
22 720 ILCS 5/24-4.5 new
23 720 ILCS 5/24-9
24 720 ILCS 646/10
25 725 ILCS 5/110-10from Ch. 38, par. 110-10
26 725 ILCS 5/112A-11.1
 
 
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