100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4354
 
Introduced , by Rep. Jerry Lee Long
 
SYNOPSIS AS INTRODUCED:



See Index
 Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately.



LRB100 16397 SLF 31525 b


FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB4354LRB100 16397 SLF 31525 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 (Text of Section before amendment by P.A. 100-512 and 
8100-517)
9 Sec. 7.5. Statutory exemptions. To the extent provided for 
10by the statutes referenced below, the following shall be exempt 
11from inspection and copying:
12  (a) All information determined to be confidential 
13 under Section 4002 of the Technology Advancement and 
14 Development Act.
15  (b) Library circulation and order records identifying 
16 library users with specific materials under the Library 
17 Records Confidentiality Act.
18  (c) Applications, related documents, and medical 
19 records received by the Experimental Organ Transplantation 
20 Procedures Board and any and all documents or other records 
21 prepared by the Experimental Organ Transplantation 
22 Procedures Board or its staff relating to applications it 
23 has received.
 
 
HB4354- 2 -LRB100 16397 SLF 31525 b


1  (d) Information and records held by the Department of 
2 Public Health and its authorized representatives relating 
3 to known or suspected cases of sexually transmissible 
4 disease or any information the disclosure of which is 
5 restricted under the Illinois Sexually Transmissible 
6 Disease Control Act.
7  (e) Information the disclosure of which is exempted 
8 under Section 30 of the Radon Industry Licensing Act.
9  (f) Firm performance evaluations under Section 55 of 
10 the Architectural, Engineering, and Land Surveying 
11 Qualifications Based Selection Act.
12  (g) Information the disclosure of which is restricted 
13 and exempted under Section 50 of the Illinois Prepaid 
14 Tuition Act.
15  (h) Information the disclosure of which is exempted 
16 under the State Officials and Employees Ethics Act, and 
17 records of any lawfully created State or local inspector 
18 general's office that would be exempt if created or 
19 obtained by an Executive Inspector General's office under 
20 that Act.
21  (i) Information contained in a local emergency energy 
22 plan submitted to a municipality in accordance with a local 
23 emergency energy plan ordinance that is adopted under 
24 Section 11-21.5-5 of the Illinois Municipal Code.
25  (j) Information and data concerning the distribution 
26 of surcharge moneys collected and remitted by carriers 
 
 
HB4354- 3 -LRB100 16397 SLF 31525 b


1 under the Emergency Telephone System Act.
2  (k) Law enforcement officer identification information 
3 or driver identification information compiled by a law 
4 enforcement agency or the Department of Transportation 
5 under Section 11-212 of the Illinois Vehicle Code.
6  (l) Records and information provided to a residential 
7 health care facility resident sexual assault and death 
8 review team or the Executive Council under the Abuse 
9 Prevention Review Team Act.
10  (m) Information provided to the predatory lending 
11 database created pursuant to Article 3 of the Residential 
12 Real Property Disclosure Act, except to the extent 
13 authorized under that Article.
14  (n) Defense budgets and petitions for certification of 
15 compensation and expenses for court appointed trial 
16 counsel as provided under Sections 10 and 15 of the Capital 
17 Crimes Litigation Act. This subsection (n) shall apply 
18 until the conclusion of the trial of the case, even if the 
19 prosecution chooses not to pursue the death penalty prior 
20 to trial or sentencing.
21  (o) Information that is prohibited from being 
22 disclosed under Section 4 of the Illinois Health and 
23 Hazardous Substances Registry Act.
24  (p) Security portions of system safety program plans, 
25 investigation reports, surveys, schedules, lists, data, or 
26 information compiled, collected, or prepared by or for the 
 
 
HB4354- 4 -LRB100 16397 SLF 31525 b


1 Regional Transportation Authority under Section 2.11 of 
2 the Regional Transportation Authority Act or the St. Clair 
3 County Transit District under the Bi-State Transit Safety 
4 Act. 
5  (q) Information prohibited from being disclosed by the 
6 Personnel Records Review Act. 
7  (r) Information prohibited from being disclosed by the 
8 Illinois School Student Records Act. 
9  (s) Information the disclosure of which is restricted 
10 under Section 5-108 of the Public Utilities Act. 

11  (t) All identified or deidentified health information 
12 in the form of health data or medical records contained in, 
13 stored in, submitted to, transferred by, or released from 
14 the Illinois Health Information Exchange, and identified 
15 or deidentified health information in the form of health 
16 data and medical records of the Illinois Health Information 
17 Exchange in the possession of the Illinois Health 
18 Information Exchange Authority due to its administration 
19 of the Illinois Health Information Exchange. The terms 
20 "identified" and "deidentified" shall be given the same 
21 meaning as in the Health Insurance Portability and 
22 Accountability Act of 1996, Public Law 104-191, or any 
23 subsequent amendments thereto, and any regulations 
24 promulgated thereunder. 
25  (u) Records and information provided to an independent 
26 team of experts under Brian's Law. 
 
 
HB4354- 5 -LRB100 16397 SLF 31525 b


1  (v) Names and information of people who have applied 
2 for or received Firearm Owner's Identification Cards under 
3 the Firearm Owners Identification Card Act before the 
4 effective date of this amendatory Act of the 100th General 
5 Assembly or applied for or received a concealed carry 
6 license under the Firearm Concealed Carry Act, unless 
7 otherwise authorized by the Firearm Concealed Carry Act; 
8 and databases under the Firearm Concealed Carry Act, 
9 records of the Concealed Carry Licensing Review Board under 
10 the Firearm Concealed Carry Act, and law enforcement agency 
11 objections under the Firearm Concealed Carry Act. 
12  (w) Personally identifiable information which is 
13 exempted from disclosure under subsection (g) of Section 
14 19.1 of the Toll Highway Act.
15  (x) Information which is exempted from disclosure 
16 under Section 5-1014.3 of the Counties Code or Section 
17 8-11-21 of the Illinois Municipal Code. 
18  (y) Confidential information under the Adult 
19 Protective Services Act and its predecessor enabling 
20 statute, the Elder Abuse and Neglect Act, including 
21 information about the identity and administrative finding 
22 against any caregiver of a verified and substantiated 
23 decision of abuse, neglect, or financial exploitation of an 
24 eligible adult maintained in the Registry established 
25 under Section 7.5 of the Adult Protective Services Act. 
26  (z) Records and information provided to a fatality 
 
 
HB4354- 6 -LRB100 16397 SLF 31525 b


1 review team or the Illinois Fatality Review Team Advisory 
2 Council under Section 15 of the Adult Protective Services 
3 Act. 
4  (aa) Information which is exempted from disclosure 
5 under Section 2.37 of the Wildlife Code. 
6  (bb) Information which is or was prohibited from 
7 disclosure by the Juvenile Court Act of 1987. 
8  (cc) Recordings made under the Law Enforcement 
9 Officer-Worn Body Camera Act, except to the extent 
10 authorized under that Act.
11  (dd) Information that is prohibited from being 
12 disclosed under Section 45 of the Condominium and Common 
13 Interest Community Ombudsperson Act. 
14  (ee) Information that is exempted from disclosure 
15 under Section 30.1 of the Pharmacy Practice Act. 
16  (ff) Information that is exempted from disclosure 
17 under the Revised Uniform Unclaimed Property Act. 
18  (gg) (ff) Information that is prohibited from being 
19 disclosed under Section 7-603.5 of the Illinois Vehicle 
20 Code. 
21  (hh) (ff) Records that are exempt from disclosure under 
22 Section 1A-16.7 of the Election Code. 
23  (ii) (ff) Information which is exempted from 
24 disclosure under Section 2505-800 of the Department of 
25 Revenue Law of the Civil Administrative Code of Illinois. 
26(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, 
 
 
HB4354- 7 -LRB100 16397 SLF 31525 b


1eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 
299-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
3100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
48-28-17; 100-465, eff. 8-31-17; revised 11-2-17.)

5 (Text of Section after amendment by P.A. 100-517 but before 
6amendment by P.A. 100-512)
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 
24 to known or suspected cases of sexually transmissible 
25 disease or any information the disclosure of which is 
 
 
HB4354- 8 -LRB100 16397 SLF 31525 b


1 restricted under the Illinois Sexually Transmissible 
2 Disease Control Act.
3  (e) Information the disclosure of which is exempted 
4 under Section 30 of the Radon Industry Licensing Act.
5  (f) Firm performance evaluations under Section 55 of 
6 the Architectural, Engineering, and Land Surveying 
7 Qualifications Based Selection Act.
8  (g) Information the disclosure of which is restricted 
9 and exempted under Section 50 of the Illinois Prepaid 
10 Tuition Act.
11  (h) Information the disclosure of which is exempted 
12 under the State Officials and Employees Ethics Act, and 
13 records of any lawfully created State or local inspector 
14 general's office that would be exempt if created or 
15 obtained by an Executive Inspector General's office under 
16 that Act.
17  (i) Information contained in a local emergency energy 
18 plan submitted to a municipality in accordance with a local 
19 emergency energy plan ordinance that is adopted under 
20 Section 11-21.5-5 of the Illinois Municipal Code.
21  (j) Information and data concerning the distribution 
22 of surcharge moneys collected and remitted by carriers 
23 under the Emergency Telephone System Act.
24  (k) Law enforcement officer identification information 
25 or driver identification information compiled by a law 
26 enforcement agency or the Department of Transportation 
 
 
HB4354- 9 -LRB100 16397 SLF 31525 b


1 under Section 11-212 of the Illinois Vehicle Code.
2  (l) Records and information provided to a residential 
3 health care facility resident sexual assault and death 
4 review team or the Executive Council under the Abuse 
5 Prevention Review Team Act.
6  (m) Information provided to the predatory lending 
7 database created pursuant to Article 3 of the Residential 
8 Real Property Disclosure Act, except to the extent 
9 authorized under that Article.
10  (n) Defense budgets and petitions for certification of 
11 compensation and expenses for court appointed trial 
12 counsel as provided under Sections 10 and 15 of the Capital 
13 Crimes Litigation Act. This subsection (n) shall apply 
14 until the conclusion of the trial of the case, even if the 
15 prosecution chooses not to pursue the death penalty prior 
16 to trial or sentencing.
17  (o) Information that is prohibited from being 
18 disclosed under Section 4 of the Illinois Health and 
19 Hazardous Substances Registry Act.
20  (p) Security portions of system safety program plans, 
21 investigation reports, surveys, schedules, lists, data, or 
22 information compiled, collected, or prepared by or for the 
23 Regional Transportation Authority under Section 2.11 of 
24 the Regional Transportation Authority Act or the St. Clair 
25 County Transit District under the Bi-State Transit Safety 
26 Act. 
 
 
HB4354- 10 -LRB100 16397 SLF 31525 b


1  (q) Information prohibited from being disclosed by the 
2 Personnel Records Review Act. 
3  (r) Information prohibited from being disclosed by the 
4 Illinois School Student Records Act. 
5  (s) Information the disclosure of which is restricted 
6 under Section 5-108 of the Public Utilities Act. 

7  (t) All identified or deidentified health information 
8 in the form of health data or medical records contained in, 
9 stored in, submitted to, transferred by, or released from 
10 the Illinois Health Information Exchange, and identified 
11 or deidentified health information in the form of health 
12 data and medical records of the Illinois Health Information 
13 Exchange in the possession of the Illinois Health 
14 Information Exchange Authority due to its administration 
15 of the Illinois Health Information Exchange. The terms 
16 "identified" and "deidentified" shall be given the same 
17 meaning as in the Health Insurance Portability and 
18 Accountability Act of 1996, Public Law 104-191, or any 
19 subsequent amendments thereto, and any regulations 
20 promulgated thereunder. 
21  (u) Records and information provided to an independent 
22 team of experts under Brian's Law. 
23  (v) Names and information of people who have applied 
24 for or received Firearm Owner's Identification Cards under 
25 the Firearm Owners Identification Card Act before the 
26 effective date of this amendatory Act of the 100th General 
 
 
HB4354- 11 -LRB100 16397 SLF 31525 b


1 Assembly or applied for or received a concealed carry 
2 license under the Firearm Concealed Carry Act, unless 
3 otherwise authorized by the Firearm Concealed Carry Act; 
4 and databases under the Firearm Concealed Carry Act, 
5 records of the Concealed Carry Licensing Review Board under 
6 the Firearm Concealed Carry Act, and law enforcement agency 
7 objections under the Firearm Concealed Carry Act. 
8  (w) Personally identifiable information which is 
9 exempted from disclosure under subsection (g) of Section 
10 19.1 of the Toll Highway Act.
11  (x) Information which is exempted from disclosure 
12 under Section 5-1014.3 of the Counties Code or Section 
13 8-11-21 of the Illinois Municipal Code. 
14  (y) Confidential information under the Adult 
15 Protective Services Act and its predecessor enabling 
16 statute, the Elder Abuse and Neglect Act, including 
17 information about the identity and administrative finding 
18 against any caregiver of a verified and substantiated 
19 decision of abuse, neglect, or financial exploitation of an 
20 eligible adult maintained in the Registry established 
21 under Section 7.5 of the Adult Protective Services Act. 
22  (z) Records and information provided to a fatality 
23 review team or the Illinois Fatality Review Team Advisory 
24 Council under Section 15 of the Adult Protective Services 
25 Act. 
26  (aa) Information which is exempted from disclosure 
 
 
HB4354- 12 -LRB100 16397 SLF 31525 b


1 under Section 2.37 of the Wildlife Code. 
2  (bb) Information which is or was prohibited from 
3 disclosure by the Juvenile Court Act of 1987. 
4  (cc) Recordings made under the Law Enforcement 
5 Officer-Worn Body Camera Act, except to the extent 
6 authorized under that Act.
7  (dd) Information that is prohibited from being 
8 disclosed under Section 45 of the Condominium and Common 
9 Interest Community Ombudsperson Act. 
10  (ee) Information that is exempted from disclosure 
11 under Section 30.1 of the Pharmacy Practice Act. 
12  (ff) Information that is exempted from disclosure 
13 under the Revised Uniform Unclaimed Property Act. 
14  (gg) (ff) Information that is prohibited from being 
15 disclosed under Section 7-603.5 of the Illinois Vehicle 
16 Code. 
17  (hh) (ff) Records that are exempt from disclosure under 
18 Section 1A-16.7 of the Election Code. 
19  (ii) (ff) Information which is exempted from 
20 disclosure under Section 2505-800 of the Department of 
21 Revenue Law of the Civil Administrative Code of Illinois. 
22  (jj) (ff) Information and reports that are required to 
23 be submitted to the Department of Labor by registering day 
24 and temporary labor service agencies but are exempt from 
25 disclosure under subsection (a-1) of Section 45 of the Day 
26 and Temporary Labor Services Act. 
 
 
HB4354- 13 -LRB100 16397 SLF 31525 b


1(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, 
2eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 
399-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
4100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
58-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised 
611-2-17.)

7 (Text of Section after amendment by P.A. 100-512)
8 Sec. 7.5. Statutory exemptions. To the extent provided for 
9by the statutes referenced below, the following shall be exempt 
10from inspection and copying:
11  (a) All information determined to be confidential 
12 under Section 4002 of the Technology Advancement and 
13 Development Act.
14  (b) Library circulation and order records identifying 
15 library users with specific materials under the Library 
16 Records Confidentiality Act.
17  (c) Applications, related documents, and medical 
18 records received by the Experimental Organ Transplantation 
19 Procedures Board and any and all documents or other records 
20 prepared by the Experimental Organ Transplantation 
21 Procedures Board or its staff relating to applications it 
22 has received.
23  (d) Information and records held by the Department of 
24 Public Health and its authorized representatives relating 
25 to known or suspected cases of sexually transmissible 
 
 
HB4354- 14 -LRB100 16397 SLF 31525 b


1 disease or any information the disclosure of which is 
2 restricted under the Illinois Sexually Transmissible 
3 Disease Control Act.
4  (e) Information the disclosure of which is exempted 
5 under Section 30 of the Radon Industry Licensing Act.
6  (f) Firm performance evaluations under Section 55 of 
7 the Architectural, Engineering, and Land Surveying 
8 Qualifications Based Selection Act.
9  (g) Information the disclosure of which is restricted 
10 and exempted under Section 50 of the Illinois Prepaid 
11 Tuition Act.
12  (h) Information the disclosure of which is exempted 
13 under the State Officials and Employees Ethics Act, and 
14 records of any lawfully created State or local inspector 
15 general's office that would be exempt if created or 
16 obtained by an Executive Inspector General's office under 
17 that Act.
18  (i) Information contained in a local emergency energy 
19 plan submitted to a municipality in accordance with a local 
20 emergency energy plan ordinance that is adopted under 
21 Section 11-21.5-5 of the Illinois Municipal Code.
22  (j) Information and data concerning the distribution 
23 of surcharge moneys collected and remitted by carriers 
24 under the Emergency Telephone System Act.
25  (k) Law enforcement officer identification information 
26 or driver identification information compiled by a law 
 
 
HB4354- 15 -LRB100 16397 SLF 31525 b


1 enforcement agency or the Department of Transportation 
2 under Section 11-212 of the Illinois Vehicle Code.
3  (l) Records and information provided to a residential 
4 health care facility resident sexual assault and death 
5 review team or the Executive Council under the Abuse 
6 Prevention Review Team Act.
7  (m) Information provided to the predatory lending 
8 database created pursuant to Article 3 of the Residential 
9 Real Property Disclosure Act, except to the extent 
10 authorized under that Article.
11  (n) Defense budgets and petitions for certification of 
12 compensation and expenses for court appointed trial 
13 counsel as provided under Sections 10 and 15 of the Capital 
14 Crimes Litigation Act. This subsection (n) shall apply 
15 until the conclusion of the trial of the case, even if the 
16 prosecution chooses not to pursue the death penalty prior 
17 to trial or sentencing.
18  (o) Information that is prohibited from being 
19 disclosed under Section 4 of the Illinois Health and 
20 Hazardous Substances Registry Act.
21  (p) Security portions of system safety program plans, 
22 investigation reports, surveys, schedules, lists, data, or 
23 information compiled, collected, or prepared by or for the 
24 Regional Transportation Authority under Section 2.11 of 
25 the Regional Transportation Authority Act or the St. Clair 
26 County Transit District under the Bi-State Transit Safety 
 
 
HB4354- 16 -LRB100 16397 SLF 31525 b


1 Act. 
2  (q) Information prohibited from being disclosed by the 
3 Personnel Records Review Act. 
4  (r) Information prohibited from being disclosed by the 
5 Illinois School Student Records Act. 
6  (s) Information the disclosure of which is restricted 
7 under Section 5-108 of the Public Utilities Act. 

8  (t) All identified or deidentified health information 
9 in the form of health data or medical records contained in, 
10 stored in, submitted to, transferred by, or released from 
11 the Illinois Health Information Exchange, and identified 
12 or deidentified health information in the form of health 
13 data and medical records of the Illinois Health Information 
14 Exchange in the possession of the Illinois Health 
15 Information Exchange Authority due to its administration 
16 of the Illinois Health Information Exchange. The terms 
17 "identified" and "deidentified" shall be given the same 
18 meaning as in the Health Insurance Portability and 
19 Accountability Act of 1996, Public Law 104-191, or any 
20 subsequent amendments thereto, and any regulations 
21 promulgated thereunder. 
22  (u) Records and information provided to an independent 
23 team of experts under Brian's Law. 
24  (v) Names and information of people who have applied 
25 for or received Firearm Owner's Identification Cards under 
26 the Firearm Owners Identification Card Act before the 
 
 
HB4354- 17 -LRB100 16397 SLF 31525 b


1 effective date of this amendatory Act of the 100th General 
2 Assembly or applied for or received a concealed carry 
3 license under the Firearm Concealed Carry Act, unless 
4 otherwise authorized by the Firearm Concealed Carry Act; 
5 and databases under the Firearm Concealed Carry Act, 
6 records of the Concealed Carry Licensing Review Board under 
7 the Firearm Concealed Carry Act, and law enforcement agency 
8 objections under the Firearm Concealed Carry Act. 
9  (w) Personally identifiable information which is 
10 exempted from disclosure under subsection (g) of Section 
11 19.1 of the Toll Highway Act.
12  (x) Information which is exempted from disclosure 
13 under Section 5-1014.3 of the Counties Code or Section 
14 8-11-21 of the Illinois Municipal Code. 
15  (y) Confidential information under the Adult 
16 Protective Services Act and its predecessor enabling 
17 statute, the Elder Abuse and Neglect Act, including 
18 information about the identity and administrative finding 
19 against any caregiver of a verified and substantiated 
20 decision of abuse, neglect, or financial exploitation of an 
21 eligible adult maintained in the Registry established 
22 under Section 7.5 of the Adult Protective Services Act. 
23  (z) Records and information provided to a fatality 
24 review team or the Illinois Fatality Review Team Advisory 
25 Council under Section 15 of the Adult Protective Services 
26 Act. 
 
 
HB4354- 18 -LRB100 16397 SLF 31525 b


1  (aa) Information which is exempted from disclosure 
2 under Section 2.37 of the Wildlife Code. 
3  (bb) Information which is or was prohibited from 
4 disclosure by the Juvenile Court Act of 1987. 
5  (cc) Recordings made under the Law Enforcement 
6 Officer-Worn Body Camera Act, except to the extent 
7 authorized under that Act.
8  (dd) Information that is prohibited from being 
9 disclosed under Section 45 of the Condominium and Common 
10 Interest Community Ombudsperson Act. 
11  (ee) Information that is exempted from disclosure 
12 under Section 30.1 of the Pharmacy Practice Act. 
13  (ff) Information that is exempted from disclosure 
14 under the Revised Uniform Unclaimed Property Act. 
15  (gg) (ff) Information that is prohibited from being 
16 disclosed under Section 7-603.5 of the Illinois Vehicle 
17 Code. 
18  (hh) (ff) Records that are exempt from disclosure under 
19 Section 1A-16.7 of the Election Code. 
20  (ii) (ff) Information which is exempted from disclosure 
21 under Section 2505-800 of the Department of Revenue Law of 
22 the Civil Administrative Code of Illinois. 
23  (jj) (ff) Information and reports that are required to 
24 be submitted to the Department of Labor by registering day 
25 and temporary labor service agencies but are exempt from 
26 disclosure under subsection (a-1) of Section 45 of the Day 
 
 
HB4354- 19 -LRB100 16397 SLF 31525 b


1 and Temporary Labor Services Act. 
2  (kk) (ff) Information prohibited from disclosure under 
3 the Seizure and Forfeiture Reporting Act. 
4(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, 
5eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 
699-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
7100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
88-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, 
9eff. 6-1-18; revised 11-2-17.)

10 Section 10. The Department of State Police Law of the
Civil 
11Administrative Code of Illinois is amended by changing Sections 
122605-45, 2605-300, and 2605-595 as follows:




13 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)



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

15Administration shall exercise the
following functions:


16  (1) Exercise the rights, powers, and duties vested in 
17 the
Department
by the
Governor's Office of Management and 
18 Budget Act.


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


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


23  (4) Operate an electronic data processing and computer 
24 center
for the
storage and retrieval of data pertaining to 
 
 
HB4354- 20 -LRB100 16397 SLF 31525 b


1 criminal activity.


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

3 the former Division of
State Troopers by Section 17 of the 
4 State Police
Act.


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

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


9  (6.5) (Blank). Exercise the rights, powers, and duties 
10 vested in the Department
by the Firearm Owners 
11 Identification Card Act.


12  (7) Exercise other duties that may be assigned
by the 
13 Director to
fulfill the responsibilities and achieve the 
14 purposes of the Department.

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





16 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)



17 Sec. 2605-300. Records; crime laboratories; personnel. To 
18do
the
following:

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

20 statistics for the State.

21  (2) Be a central repository for criminal history
record 
22 information.

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

24 necessary and helpful to plan programs of crime prevention, 
25 law
enforcement,
and criminal justice.

 
 
HB4354- 21 -LRB100 16397 SLF 31525 b


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

3  (5) Establish general and field
crime laboratories.

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

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

11 activity, and may employ polygraph operators.

12  (8) Undertake other identification, information,

13 laboratory, statistical, or registration activities that 
14 may be
required by law.

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


16 (20 ILCS 2605/2605-595)
17 Sec. 2605-595. State Police Firearm Services Fund.
18 (a) There is created in the State treasury a special fund 
19known as the State Police Firearm Services Fund. The Fund shall 
20receive revenue under the Firearm Concealed Carry Act and 
21Section 5 of the Firearm Owners Identification Card Act. The 
22Fund may also receive revenue from grants, pass-through grants, 
23donations, appropriations, and any other legal source.
24 (b) The Department of State Police may use moneys in the 
25Fund to finance any of its lawful purposes, mandates, 
 
 
HB4354- 22 -LRB100 16397 SLF 31525 b


1functions, and duties under the Firearm Owners Identification 
2Card Act and the Firearm Concealed Carry Act, including the 
3cost of sending notices of expiration of Firearm Owner's 
4Identification Cards, concealed carry licenses, the prompt and 
5efficient processing of applications under the Firearm Owners 
6Identification Card Act and the Firearm Concealed Carry Act, 
7the improved efficiency and reporting of the LEADS and federal 
8NICS law enforcement data systems, and support for 
9investigations required under that Act these Acts and law. Any 
10surplus funds beyond what is needed to comply with the 
11aforementioned purposes shall be used by the Department to 
12improve the Law Enforcement Agencies Data System (LEADS) and 
13criminal history background check system. 
14 (c) Investment income that is attributable to the 
15investment of moneys in the Fund shall be retained in the Fund 
16for the uses specified in this Section. 

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



18 (20 ILCS 2605/2605-120 rep.)


19 Section 15. The Department of State Police Law of the
Civil 
20Administrative Code of Illinois is amended by repealing Section 
212605-120.

22 Section 20. The Criminal Identification Act is amended by 
23changing Section 2.2 as follows:

 
 
HB4354- 23 -LRB100 16397 SLF 31525 b


1 (20 ILCS 2630/2.2)
2 Sec. 2.2. Notification to the Department. Upon judgment of 
3conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, 
412-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal 
5Code of 2012 when the
defendant has been determined, pursuant 
6to Section 112A-11.1 of the Code of Criminal Procedure of 1963,

7to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the 
8circuit court clerk shall
include notification and a copy of 
9the written determination in a report
of the conviction to the 
10Department of State Police Firearm Owner's Identification Card 
11Office to
enable the Department office to perform its duties 
12under the Firearm Concealed Carry Act and Sections 4 and 8 of 
13the Firearm Owners Identification Card Act and to report that 
14determination to the Federal Bureau
of Investigation to assist 
15the Federal Bureau of Investigation in identifying persons 
16prohibited
from purchasing and possessing a firearm pursuant to 
17the provisions of
18 U.S.C. 922. The written determination 
18described in this Section shall be included in the defendant's 
19record of arrest and conviction in the manner and form 
20prescribed by the Department of State Police. 

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

22 Section 25. The State Finance Act is amended by changing 
23Section 6z-99 as follows:

24 (30 ILCS 105/6z-99)
 
 
HB4354- 24 -LRB100 16397 SLF 31525 b


1 Sec. 6z-99. The Mental Health Reporting Fund.
2 (a) There is created in the State treasury a special fund 
3known as the Mental Health Reporting Fund. The Fund shall 
4receive revenue under the Firearm Concealed Carry Act. The Fund 
5may also receive revenue from grants, pass-through grants, 
6donations, appropriations, and any other legal source.
7 (b) The Department of State Police and Department of Human 
8Services shall coordinate to use moneys in the Fund to finance 
9their respective duties of collecting and reporting data on 
10mental health records and ensuring that mental health firearm 
11possession prohibitors are enforced as set forth under the 
12Firearm Concealed Carry Act and the Firearm Owners 
13Identification Card Act. Any surplus in the Fund beyond what is 
14necessary to ensure compliance with mental health reporting 
15under that Act these Acts shall be used by the Department of 
16Human Services for mental health treatment programs.
17 (c) Investment income that is attributable to the 
18investment of moneys in the Fund shall be retained in the Fund 
19for the uses specified in this Section.

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

21 Section 30. The Peace Officer Firearm Training Act is 
22amended by changing Section 1 as follows:



23 (50 ILCS 710/1) (from Ch. 85, par. 515)



24 Sec. 1. Definitions. As used in this Act: 
 
 
HB4354- 25 -LRB100 16397 SLF 31525 b


1 (a) "Peace officer"
means (i) any person who by virtue of 
2his office or public employment is
vested by law with a primary 
3duty to maintain public order or to make
arrests for offenses, 
4whether that duty extends to all offenses or is
limited to 
5specific offenses, and who is employed in such capacity by any

6county or municipality or (ii) any retired law enforcement 
7officers qualified under federal law to carry a concealed 
8weapon. 
9 (a-5) "Probation officer" means a county probation officer 
10authorized by the Chief Judge of the Circuit Court to carry a 
11firearm as part of his or her duties under Section 12 of the 
12Probation and Probation Officers Act and Section 24-2 of the 
13Criminal Code of 2012. 
14 (b)
"Firearms" means any weapon or device defined as a 
15firearm in Section
2-7.5 of the Criminal Code of 2012 1.1 of 
16"An Act relating to the acquisition, possession and transfer of

17firearms and firearm ammunition, to provide a penalty for the 
18violation
thereof and to make an appropriation in connection 
19therewith", approved
August 3, 1967, as amended.

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



21 Section 35. The School Code is amended by changing Sections 
2210-22.6, 10-27.1A, and 34-8.05 as follows:



23 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)



24 Sec. 10-22.6. Suspension or expulsion of pupils; school 
 
 
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1searches. 

2 (a) To expel pupils guilty of gross disobedience or 
3misconduct, including gross disobedience or misconduct 
4perpetuated by electronic means, pursuant to subsection (b-20) 
5of this Section, and
no action shall lie against them for such 
6expulsion. Expulsion shall
take place only after the parents 
7have been requested to appear at a
meeting of the board, or 
8with a hearing officer appointed by it, to
discuss their 
9child's behavior. Such request shall be made by registered
or 
10certified mail and shall state the time, place and purpose of 
11the
meeting. The board, or a hearing officer appointed by it, 
12at such
meeting shall state the reasons for dismissal and the 
13date on which the
expulsion is to become effective. If a 
14hearing officer is appointed by
the board, he shall report to 
15the board a written summary of the evidence
heard at the 
16meeting and the board may take such action thereon as it
finds 
17appropriate. If the board acts to expel a pupil, the written 
18expulsion decision shall detail the specific reasons why 
19removing the pupil from the learning environment is in the best 
20interest of the school. The expulsion decision shall also 
21include a rationale as to the specific duration of the 
22expulsion. An expelled pupil may be immediately transferred to 
23an alternative program in the manner provided in Article 13A or 
2413B of this Code. A pupil must not be denied transfer because 
25of the expulsion, except in cases in which such transfer is 
26deemed to cause a threat to the safety of students or staff in 
 
 
HB4354- 27 -LRB100 16397 SLF 31525 b


1the alternative program.

2 (b) To suspend or by policy to authorize the superintendent 
3of
the district or the principal, assistant principal, or dean 
4of students
of any school to suspend pupils guilty of gross 
5disobedience or misconduct, or
to suspend pupils guilty of 
6gross disobedience or misconduct on the school bus
from riding 
7the school bus, pursuant to subsections (b-15) and (b-20) of 
8this Section, and no action
shall lie against them for such 
9suspension. The board may by policy
authorize the 
10superintendent of the district or the principal, assistant

11principal, or dean of students of any
school to suspend pupils 
12guilty of such acts for a period not to exceed
10 school days. 
13If a pupil is suspended due to gross disobedience or misconduct

14on a school bus, the board may suspend the pupil in excess of 
1510
school
days for safety reasons. 
16 Any suspension shall be reported immediately to the
parents 
17or guardian of a pupil along with a full statement of the

18reasons for such suspension and a notice of their right to a 
19review. The school board must be given a summary of the notice, 
20including the reason for the suspension and the suspension 
21length. Upon request of the
parents or guardian the school 
22board or a hearing officer appointed by
it shall review such 
23action of the superintendent or principal, assistant

24principal, or dean of students. At such
review the parents or 
25guardian of the pupil may appear and discuss the
suspension 
26with the board or its hearing officer. If a hearing officer
is 
 
 
HB4354- 28 -LRB100 16397 SLF 31525 b


1appointed by the board he shall report to the board a written 
2summary
of the evidence heard at the meeting. After its hearing 
3or upon receipt
of the written report of its hearing officer, 
4the board may take such
action as it finds appropriate. If a 
5student is suspended pursuant to this subsection (b), the board 
6shall, in the written suspension decision, detail the specific 
7act of gross disobedience or misconduct resulting in the 
8decision to suspend. The suspension decision shall also include 
9a rationale as to the specific duration of the suspension. A 
10pupil who is suspended in excess of 20 school days may be 
11immediately transferred to an alternative program in the manner 
12provided in Article 13A or 13B of this Code. A pupil must not 
13be denied transfer because of the suspension, except in cases 
14in which such transfer is deemed to cause a threat to the 
15safety of students or staff in the alternative program.

16 (b-5) Among the many possible disciplinary interventions 
17and consequences available to school officials, school 
18exclusions, such as out-of-school suspensions and expulsions, 
19are the most serious. School officials shall limit the number 
20and duration of expulsions and suspensions to the greatest 
21extent practicable, and it is recommended that they use them 
22only for legitimate educational purposes. To ensure that 
23students are not excluded from school unnecessarily, it is 
24recommended that school officials consider forms of 
25non-exclusionary discipline prior to using out-of-school 
26suspensions or expulsions.
 
 
HB4354- 29 -LRB100 16397 SLF 31525 b


1 (b-10) Unless otherwise required by federal law or this 
2Code, school boards may not institute zero-tolerance policies 
3by which school administrators are required to suspend or expel 
4students for particular behaviors.
5 (b-15) Out-of-school suspensions of 3 days or less may be 
6used only if the student's continuing presence in school would 
7pose a threat to school safety or a disruption to other 
8students' learning opportunities. For purposes of this 
9subsection (b-15), "threat to school safety or a disruption to 
10other students' learning opportunities" shall be determined on 
11a case-by-case basis by the school board or its designee. 
12School officials shall make all reasonable efforts to resolve 
13such threats, address such disruptions, and minimize the length 
14of suspensions to the greatest extent practicable.
15 (b-20) Unless otherwise required by this Code, 
16out-of-school suspensions of longer than 3 days, expulsions, 
17and disciplinary removals to alternative schools may be used 
18only if other appropriate and available behavioral and 
19disciplinary interventions have been exhausted and the 
20student's continuing presence in school would either (i) pose a

21threat to the safety of other students, staff, or members of

22the school community or (ii) substantially disrupt, impede, or

23interfere with the operation of the school. For purposes of 
24this subsection (b-20), "threat to the safety of other 
25students, staff, or members of the school community" and 
26"substantially disrupt, impede, or interfere with the 
 
 
HB4354- 30 -LRB100 16397 SLF 31525 b


1operation of the school" shall be determined on a case-by-case 
2basis by school officials. For purposes of this subsection 
3(b-20), the determination of whether "appropriate and 
4available behavioral and disciplinary interventions have been 
5exhausted" shall be made by school officials. School officials 
6shall make all reasonable efforts to resolve such threats, 
7address such disruptions, and minimize the length of student 
8exclusions to the greatest extent practicable. Within the 
9suspension decision described in subsection (b) of this Section 
10or the expulsion decision described in subsection (a) of this 
11Section, it shall be documented whether other interventions 
12were attempted or whether it was determined that there were no 
13other appropriate and available interventions.
14 (b-25) Students who are suspended out-of-school for longer 
15than 4 school days shall be provided appropriate and available 
16support services during the period of their suspension. For 
17purposes of this subsection (b-25), "appropriate and available 
18support services" shall be determined by school authorities. 
19Within the suspension decision described in subsection (b) of 
20this Section, it shall be documented whether such services are 
21to be provided or whether it was determined that there are no 
22such appropriate and available services.
23 A school district may refer students who are expelled to 
24appropriate and available support services.
25 A school district shall create a policy to facilitate the 
26re-engagement of students who are suspended out-of-school, 
 
 
HB4354- 31 -LRB100 16397 SLF 31525 b


1expelled, or returning from an alternative school setting.
2 (b-30) A school district shall create a policy by which 
3suspended pupils, including those pupils suspended from the 
4school bus who do not have alternate transportation to school, 
5shall have the opportunity to make up work for equivalent 
6academic credit. It shall be the responsibility of a pupil's 
7parent or guardian to notify school officials that a pupil 
8suspended from the school bus does not have alternate 
9transportation to school. 
10 (c) The Department of Human Services
shall be invited to 
11send a representative to consult with the board at
such meeting 
12whenever there is evidence that mental illness may be the
cause 
13for expulsion or suspension.

14 (c-5) School districts shall make reasonable efforts to 
15provide ongoing professional development to teachers, 
16administrators, school board members, school resource 
17officers, and staff on the adverse consequences of school 
18exclusion and justice-system involvement, effective classroom 
19management strategies, culturally responsive discipline, and 
20developmentally appropriate disciplinary methods that promote 
21positive and healthy school climates. 
22 (d) The board may expel a student for a definite period of 
23time not to
exceed 2 calendar years, as determined on a 
24case-by-case case by case basis.
A student who
is determined to 
25have brought one of the following objects to school, any 
26school-sponsored activity
or event, or any activity or event 
 
 
HB4354- 32 -LRB100 16397 SLF 31525 b


1that bears a reasonable relationship to school shall be 
2expelled for a period of not less than
one year:
3  (1) A firearm. For the purposes of this Section, 
4 "firearm" means any gun, rifle, shotgun, weapon as defined 
5 by Section 921 of Title 18 of the United States Code, 
6 firearm as defined in Section 2-7.5 1.1 of the Firearm 
7 Owners Identification Card Act, or firearm as defined in 
8 Section 24-1 of the Criminal Code of 2012. The expulsion 
9 period under this subdivision (1) may be modified by the 
10 superintendent, and the superintendent's determination may 
11 be modified by the board on a case-by-case basis.
12  (2) A knife, brass knuckles or other knuckle weapon 
13 regardless of its composition, a billy club, or any other 
14 object if used or attempted to be used to cause bodily 
15 harm, including "look alikes" of any firearm as defined in 
16 subdivision (1) of this subsection (d). The expulsion 
17 requirement under this subdivision (2) may be modified by 
18 the superintendent, and the superintendent's determination 
19 may be modified by the board on a case-by-case basis. 
20Expulsion
or suspension
shall be construed in a
manner 
21consistent with the Federal Individuals with Disabilities 
22Education
Act. A student who is subject to suspension or 
23expulsion as provided in this
Section may be eligible for a 
24transfer to an alternative school program in
accordance with 
25Article 13A of the School Code.

26 (d-5) The board may suspend or by regulation
authorize the 
 
 
HB4354- 33 -LRB100 16397 SLF 31525 b


1superintendent of the district or the principal, assistant

2principal, or dean of students of any
school to suspend a 
3student for a period not to exceed
10 school days or may expel 
4a student for a definite period of time not to
exceed 2 
5calendar years, as determined on a case-by-case case by case 
6basis, if (i) that student has been determined to have made an 
7explicit threat on an Internet website against a school 
8employee, a student, or any school-related personnel, (ii) the 
9Internet website through which the threat was made is a site 
10that was accessible within the school at the time the threat 
11was made or was available to third parties who worked or 
12studied within the school grounds at the time the threat was 
13made, and (iii) the threat could be reasonably interpreted as 
14threatening to the safety and security of the threatened 
15individual because of his or her duties or employment status or 
16status as a student inside the school.

17 (e) To maintain order and security in the schools, school 
18authorities may
inspect and search places and areas such as 
19lockers, desks, parking lots, and
other school property and 
20equipment owned or controlled by the school, as well
as 
21personal effects left in those places and areas by students, 
22without notice
to or the consent of the student, and without a 
23search warrant. As a matter of
public policy, the General 
24Assembly finds that students have no reasonable
expectation of 
25privacy in these places and areas or in their personal effects

26left in these places and areas. School authorities may request 
 
 
HB4354- 34 -LRB100 16397 SLF 31525 b


1the assistance
of law enforcement officials for the purpose of 
2conducting inspections and
searches of lockers, desks, parking 
3lots, and other school property and
equipment owned or 
4controlled by the school for illegal drugs, weapons, or
other

5illegal or dangerous substances or materials, including 
6searches conducted
through the use of specially trained dogs. 
7If a search conducted in accordance
with this Section produces 
8evidence that the student has violated or is
violating either 
9the law, local ordinance, or the school's policies or rules,

10such evidence may be seized by school authorities, and 
11disciplinary action may
be taken. School authorities may also 
12turn over such evidence to law
enforcement authorities.

13 (f) Suspension or expulsion may include suspension or 
14expulsion from
school and all school activities and a 
15prohibition from being present on school
grounds.

16 (g) A school district may adopt a policy providing that if 
17a student
is suspended or expelled for any reason from any 
18public or private school
in this or any other state, the 
19student must complete the entire term of
the suspension or 
20expulsion in an alternative school program under Article 13A of 
21this Code or an alternative learning opportunities program 
22under Article 13B of this Code before being admitted into the 
23school
district if there is no threat to the safety of students 
24or staff in the alternative program.

25 (h) School officials shall not advise or encourage students 
26to drop out voluntarily due to behavioral or academic 
 
 
HB4354- 35 -LRB100 16397 SLF 31525 b


1difficulties.
2 (i) A student may not be issued a monetary fine or fee as a 
3disciplinary consequence, though this shall not preclude 
4requiring a student to provide restitution for lost, stolen, or 
5damaged property.
6 (j) Subsections (a) through (i) of this Section shall apply 
7to elementary and secondary schools, charter schools, special 
8charter districts, and school districts organized under 
9Article 34 of this Code. 
10 (k) The expulsion of children enrolled in programs funded 
11under Section 1C-2 of this Code is subject to the requirements 
12under paragraph (7) of subsection (a) of Section 2-3.71 of this 
13Code.
14(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18; 
15revised 9-22-17.)





16 (105 ILCS 5/10-27.1A)



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

18 (a) All school officials, including teachers, guidance 
19counselors, and
support staff, shall immediately notify the 
20office of the principal in the
event that they observe any 
21person in possession of a firearm on school
grounds; provided 
22that taking such immediate action to notify the office of the

23principal would not immediately endanger the health, safety, or 
24welfare of
students who are under the direct supervision of the 
25school official or the
school official. If the health, safety, 
 
 
HB4354- 36 -LRB100 16397 SLF 31525 b


1or welfare of students under the
direct supervision of the 
2school official or of the school official is
immediately 
3endangered, the school official shall notify the office of the

4principal as soon as the students under his or her supervision 
5and he or she
are no longer under immediate danger. A report is 
6not required by this Section
when the school official knows 
7that the person in possession of the firearm is
a law 
8enforcement official engaged in the conduct of his or her 
9official
duties. Any school official acting in good faith who 
10makes such a report under
this Section shall have immunity from 
11any civil or criminal liability that
might otherwise be 
12incurred as a result of making the report. The identity of
the 
13school official making such report shall not be disclosed 
14except as
expressly and specifically authorized by law. 
15Knowingly and willfully failing
to comply with this Section is 
16a petty offense. A second or subsequent offense
is a Class C 
17misdemeanor.

18 (b) Upon receiving a report from any school official 
19pursuant to this
Section, or from any other person, the 
20principal or his or her designee shall
immediately notify a 
21local law enforcement agency. If the person found to be
in 
22possession of a firearm on school grounds is a student, the 
23principal or
his or her designee shall also immediately notify 
24that student's parent or
guardian. Any principal or his or her 
25designee acting in good faith who makes
such reports under this 
26Section shall have immunity from any civil or criminal

 
 
HB4354- 37 -LRB100 16397 SLF 31525 b


1liability that might otherwise be incurred or imposed as a 
2result of making
the reports. Knowingly and willfully failing 
3to comply with this Section is a
petty offense. A second or 
4subsequent offense is a Class C misdemeanor. If
the person 
5found to be in possession of the firearm on school grounds is a

6minor, the law enforcement agency shall detain that minor until 
7such time as
the agency makes a determination pursuant to 
8clause (a) of subsection (1) of
Section 5-401 of the Juvenile 
9Court Act of 1987, as to whether the agency
reasonably believes 
10that the minor is delinquent. If the law enforcement
agency 
11determines that probable cause exists to believe that the minor

12committed a violation of item (4) of subsection (a) of Section 
1324-1 of the
Criminal Code of 2012 while on school grounds, the 
14agency shall detain the
minor for processing pursuant to 
15Section 5-407 of the Juvenile Court Act of
1987.

16 (c) On or after January 1, 1997, upon receipt of any 
17written,
electronic, or verbal report from any school personnel 
18regarding a verified
incident involving a firearm in a school 
19or on school owned or leased property,
including any conveyance 
20owned,
leased, or used by the school for the transport of 
21students or school
personnel, the superintendent or his or her 
22designee shall report all such
firearm-related incidents 
23occurring in a school or on school property to the
local law 
24enforcement authorities immediately and to the Department of 
25State
Police in a form, manner, and frequency as prescribed by 
26the Department of
State Police.

 
 
HB4354- 38 -LRB100 16397 SLF 31525 b


1 The State Board of Education shall receive an annual 
2statistical compilation
and related data associated with 
3incidents involving firearms in schools from
the Department of 
4State Police. The State Board of Education shall compile
this 
5information by school district and make it available to the 
6public.

7 (d) As used in this Section, the term "firearm" shall have 
8the meaning
ascribed to it in Section 2-7.5 of the Criminal 
9Code of 2012 1.1 of the Firearm Owners Identification Card Act.

10 As used in this Section, the term "school" means any public 
11or private
elementary or secondary school.

12 As used in this Section, the term "school grounds" includes 
13the real property
comprising any school, any conveyance owned, 
14leased, or contracted by a school
to transport students to or 
15from school or a school-related activity, or any
public way 
16within 1,000 feet of the real property comprising any school.

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





18 (105 ILCS 5/34-8.05)



19 Sec. 34-8.05. Reporting firearms in schools. On or after 
20January 1,
1997,
upon receipt of any written,
electronic, or 
21verbal report from any school personnel regarding a verified

22incident involving a firearm in a school or on school owned or 
23leased property,
including any conveyance owned,
leased, or 
24used by the school for the transport of students or school

25personnel, the general superintendent or his or her designee 
 
 
HB4354- 39 -LRB100 16397 SLF 31525 b


1shall report all
such
firearm-related incidents occurring in a 
2school or on school property to the
local law enforcement 
3authorities no later than 24 hours after the occurrence
of the 
4incident and to the Department of State Police in a form, 
5manner, and
frequency as prescribed by the Department of State 
6Police.

7 The State Board of Education shall receive an annual 
8statistical compilation
and related data associated with 
9incidents involving firearms in schools from
the Department of 
10State Police. As used in this Section, the term "firearm"
shall 
11have the meaning ascribed to it in Section 2-7.5 of the 
12Criminal Code of 2012
1.1 of the Firearm Owners
Identification 
13Card Act.

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


15 Section 40. The Illinois Explosives Act is amended by 
16changing Section 2005 as follows:




17 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)



18 Sec. 2005. Qualifications for licensure. 
19 (a) No person shall qualify to hold a license who:
20  (1) is under 21 years of age;
21  (2) has been convicted in any court of a crime 
22 punishable by imprisonment for a term exceeding one year;
23  (3) is under indictment for a crime punishable by 
24 imprisonment for a term exceeding one year;
 
 
HB4354- 40 -LRB100 16397 SLF 31525 b


1  (4) is a fugitive from justice;
2  (5) is an unlawful user of or addicted to any 
3 controlled substance as defined in Section 102 of the 
4 federal Controlled Substances Act (21 U.S.C. Sec. 802 et 
5 seq.);
6  (6) has been adjudicated a person with a mental 
7 disability as defined in Section 6-103.1 of the Mental 
8 Health and Developmental Disabilities Code 1.1 of the 
9 Firearm Owners Identification Card Act; or
10  (7) is not a legal citizen of the United States.
11 (b) A person who has been granted a "relief from 
12disabilities" regarding criminal convictions and indictments, 
13pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. 
14845) may receive a license provided all other qualifications 
15under this Act are met. 

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


17 Section 45. The Private Detective, Private Alarm, Private 
18Security, and
Locksmith Act of 2004 is amended by changing 
19Sections 35-30 and 35-35 as follows:



20 (225 ILCS 447/35-30)



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

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

23licensed agency, other than those exempted, shall apply for a

24permanent employee registration card. The holder of an agency

 
 
HB4354- 41 -LRB100 16397 SLF 31525 b


1license issued under this Act, known in this Section as

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

3employees under the following provisions:


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

5registration card who:

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

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

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

18  (4) Has had a license or permanent employee

19 registration card denied, suspended, or revoked under this 
20 Act (i) within one
year before the date the
person's 
21 application for permanent employee registration card
is 
22 received by the Department; and (ii) that refusal, denial,

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

26 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
 
 
HB4354- 42 -LRB100 16397 SLF 31525 b


1 subsection (b) of
Section 20-10, item (6) or (8) of 
2 subsection (a) of Section 25-10, subsection
(b) of Section 
3 25-10, item (7) of subsection (a) of Section 30-10,

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

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

7 defect and has not been restored.

8  (6) Has been dishonorably discharged from the
armed 
9 services of the United States.


10 (b) No person may be employed by a private
detective 
11agency, private security contractor agency, private
alarm 
12contractor agency, fingerprint vendor agency, or locksmith 
13agency under this
Section until he or she has executed and 
14furnished to the
employer, on forms furnished by the 
15Department, a verified
statement to be known as "Employee's 
16Statement" setting forth:

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

18  (2) The business or occupation engaged in for
the 5 
19 years immediately before the date of the execution of
the 
20 statement, the place where the business or occupation was

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

22  (3) That the person has not had a license or
employee 
23 registration denied, revoked, or suspended under this
Act 
24 (i) within one year before the date the person's 
25 application
for permanent employee registration card is 
26 received by the
Department; and (ii) that refusal, denial, 
 
 
HB4354- 43 -LRB100 16397 SLF 31525 b


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

4 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
5 subsection (b) of
Section 20-10, item (6) or (8) of 
6 subsection (a) of Section 25-10, subsection
(b) of Section 
7 25-10, item (7) of subsection (a) of Section 30-10,

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

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

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

12  (6) Any dishonorable discharge from the armed
services 
13 of the United States.

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

16 competency, and integrity of the person executing the

17 statement.

18 (c) Each applicant for a permanent employee registration

19card shall have his or her fingerprints submitted to the

20Department of State Police in an electronic format that

21complies with the form and manner for requesting and
furnishing 
22criminal history record information as prescribed
by the 
23Department of State Police. These fingerprints shall
be checked 
24against the Department of State Police and Federal
Bureau of 
25Investigation criminal history record databases now
and 
26hereafter filed. The Department of State Police shall
charge 
 
 
HB4354- 44 -LRB100 16397 SLF 31525 b


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

15satisfactory to the Department that an equivalent security

16clearance has been conducted. Also, an individual who has

17retired as a peace officer within 12 months of application may

18submit verification, on forms provided by the Department and

19signed by his or her employer, of his or her previous full-time 
20employment as a
peace officer.

21 (d) The Department shall issue a permanent employee

22registration card, in a form the Department prescribes, to all

23qualified applicants.
The holder of a permanent employee 
24registration card shall
carry the card at all times while 
25actually engaged in the
performance of the duties of his or her 
26employment.
Expiration and requirements for renewal of 
 
 
HB4354- 45 -LRB100 16397 SLF 31525 b


1permanent employee
registration cards shall be established by 
2rule of the
Department. Possession of a permanent employee 
3registration
card does not in any way imply that the holder of 
4the card is
employed by an agency unless the permanent employee

5registration card is accompanied by the employee

6identification card required by subsection (f) of this
Section.

7 (e) Each employer shall maintain a record of each
employee 
8that is accessible to the duly authorized
representatives of 
9the Department. The record shall contain
the following 
10information:

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

13 photograph shall be replaced with a current photograph 
14 every 3
calendar years.

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

17  (3) All correspondence or documents relating to the

18 character and integrity of the employee received by the

19 employer from any official source or law enforcement 
20 agency.

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

22 identification card of that person issued under subsection 
23 (f)
of this Section. Each employee record shall duly note 
24 if the
employee is employed in an armed capacity. Armed 
25 employee
files shall contain a copy of an active firearm 
26 owner's
identification card and a copy of an active firearm

 
 
HB4354- 46 -LRB100 16397 SLF 31525 b


1 control card. Each employer shall maintain a record for

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

18  (5) A copy of the employee's permanent employee 
19 registration card or a copy of the Department's "License 
20 Lookup" Webpage showing that the employee has been issued a 
21 valid permanent employee registration card by the 
22 Department. 

23 The Department may, by rule, prescribe further
record 
24requirements.

25 (f) Every employer shall furnish an employee

26identification card to each of his or her employees. This

 
 
HB4354- 47 -LRB100 16397 SLF 31525 b


1employee identification card shall contain a recent photograph

2of the employee, the employee's name, the name and agency

3license number of the employer, the employee's personal

4description, the signature of the employer, the signature of

5that employee, the date of issuance, and an employee

6identification card number.

7 (g) No employer may issue an employee identification
card 
8to any person who is not employed by the employer in
accordance 
9with this Section or falsely state or represent
that a person 
10is or has been in his or her employ. It is
unlawful for an 
11applicant for registered employment to file
with the Department 
12the fingerprints of a person other than
himself or herself.

13 (h) Every employer shall obtain the identification card
of 
14every employee who terminates employment with him or her.

15 (i) Every employer shall maintain a separate roster of
the 
16names of all employees currently working in an armed
capacity 
17and submit the roster to the Department on request.

18 (j) No agency may employ any person to perform a
licensed 
19activity under this Act unless the person possesses a
valid 
20permanent employee registration card or a valid license
under 
21this Act, or is exempt pursuant to subsection (n).

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

23agency may employ a person in a temporary capacity if all of

24the following conditions are met:

25  (1) The agency completes in its entirety and
submits to 
26 the Department an application for a permanent
employee 
 
 
HB4354- 48 -LRB100 16397 SLF 31525 b


1 registration card, including the required fingerprint

2 receipt and fees.

3  (2) The agency has verification from the Department

4 that the applicant has no record of any criminal conviction

5 pursuant to the criminal history check conducted by the

6 Department of State Police. The agency shall maintain the

7 verification of the results of the Department of State 
8 Police
criminal history check as part of the employee 
9 record as
required under subsection (e) of this Section.

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

12 to be issued a permanent employee registration card.

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

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

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

18 An agency may employ only a permanent employee applicant

19for which it either submitted a permanent employee application

20and all required forms and fees or it confirms with the

21Department that a permanent employee application and all

22required forms and fees have been submitted by another agency,

23licensee or the permanent employee and all other requirements

24of this Section are met.

25 The Department shall have the authority to revoke,
without 
26a hearing, the temporary authority of an individual to
work 
 
 
HB4354- 49 -LRB100 16397 SLF 31525 b


1upon receipt of Federal Bureau of Investigation
fingerprint 
2data or a report of another official authority
indicating a 
3criminal conviction. If the Department has not
received a 
4temporary employee's Federal Bureau of
Investigation 
5fingerprint data within 120 days of the date the
Department 
6received the Department of State Police fingerprint
data, the 
7Department may, at its discretion, revoke the
employee's 
8temporary authority to work with 15 days written
notice to the 
9individual and the employing agency.

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

11if it knows or reasonably should have known that the person
has 
12been convicted of a crime under the laws of this State,
has 
13been convicted in another state of any crime that is a
crime 
14under the laws of this State, has been convicted of any
crime 
15in a federal court, or has been posted as an unapproved

16applicant by the Department. Notice by the Department to the

17agency, via certified mail, personal delivery, electronic

18mail, or posting on the Department's Internet site accessible

19to the agency that the person has been convicted of a crime

20shall be deemed constructive knowledge of the conviction on
the 
21part of the agency. The Department may adopt rules to
implement 
22this
subsection (k).

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

24capacity if:

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

 
 
HB4354- 50 -LRB100 16397 SLF 31525 b


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

2 from the employer; or

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

5 employed.

6 (m) If information is discovered affecting the

7registration of a person whose fingerprints were submitted

8under this Section, the Department shall so notify the agency

9that submitted the fingerprints on behalf of that person.

10 (n) Peace officers shall be exempt from the requirements
of 
11this Section relating to permanent employee registration

12cards. The agency shall remain responsible for any peace

13officer employed under this exemption, regardless of whether

14the peace officer is compensated as an employee or as an

15independent contractor and as further defined by rule.

16 (o) Persons who have no access to confidential or
security 
17information, who do not go to a client's or prospective 
18client's residence or place of business, and who otherwise do 
19not provide
traditional security services are exempt from 
20employee
registration. Examples of exempt employees include, 
21but are
not limited to, employees working in the capacity of 
22ushers,
directors, ticket takers, cashiers, drivers, and 
23reception
personnel. Confidential or security information is 
24that which
pertains to employee files, scheduling, client 
25contracts, or
technical security and alarm data.

26 (p) An applicant who is 21 years of age or older seeking a 
 
 
HB4354- 51 -LRB100 16397 SLF 31525 b


1religious exemption to the photograph requirement of this 
2Section shall furnish with the application an approved copy of 
3United States Department of the Treasury Internal Revenue 
4Service Form 4029. Regardless of age, an applicant seeking a 
5religious exemption to this photograph requirement shall 
6submit fingerprints in a form and manner prescribed by the 
7Department with his or her application in lieu of a photograph. 
8(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)





9 (225 ILCS 447/35-35)



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

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

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

13carrying, or possession of a firearm in the performance of

14those duties without complying with the provisions of this

15Section and having been issued a valid firearm control
card by 
16the Department.

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

18duties for which licensure or employee registration is required 
19and allow
that person to carry a firearm unless that person has 
20complied
with all the firearm training requirements of this 
21Section and
has been issued a firearm control card. This Act

22permits only the following to carry firearms while actually

23engaged in the performance of their duties or while commuting

24directly to or from their places of employment: persons

25licensed as private detectives and their registered employees;

 
 
HB4354- 52 -LRB100 16397 SLF 31525 b


1persons licensed as private security contractors and their

2registered employees; persons licensed as private alarm

3contractors and their registered employees; and employees of a

4registered armed proprietary security force.

5 (c) Possession of a valid firearm control
card
allows a 
6licensee or employee to carry a firearm not otherwise 
7prohibited
by law while the licensee or employee is engaged in 
8the performance of his
or her duties or while the licensee or 
9employee is commuting directly to
or from the licensee's or 
10employee's place or places of employment.

11 (d) The Department shall issue a firearm control
card to a 
12person who has passed an approved firearm training
course, who 
13is currently licensed or employed by an agency licensed by
this 
14Act and has met all the requirements of this Act, and who is 
15not prohibited under State or federal law from possessing a 
16firearm
possesses a valid firearm owner identification card.

17Application for the firearm control card shall be made
by the 
18employer to the Department on forms provided by the
Department. 
19The Department shall forward the card to the
employer who shall 
20be responsible for its issuance to the licensee or
employee. 
21The firearm control card shall be issued by
the Department and 
22shall identify the person holding it and
the name of the course 
23where the licensee or employee received firearm
instruction and 
24shall specify the type of weapon or weapons
the person is 
25authorized by the Department to carry and for
which the person 
26has been trained.

 
 
HB4354- 53 -LRB100 16397 SLF 31525 b


1 (e) Expiration and requirements for renewal of firearm 
2control cards shall be determined by rule.

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

4disciplinary action permitted by this Act, refuse to issue,

5suspend, or revoke a firearm control card if the
applicant or 
6holder has been convicted of any felony or crime
involving the 
7illegal use, carrying, or possession of a deadly
weapon or for 
8a violation of this Act or rules adopted promulgated
under this 
9Act. The Department shall refuse to issue or shall
revoke a 
10firearm control card if the applicant or holder is prohibited 
11under State or federal law from possessing a firearm
fails to 
12possess a valid firearm owners identification card without 
13hearing.
The Secretary shall summarily suspend a firearm 
14control
card if the Secretary finds that its continued use 
15would
constitute an imminent danger to the public. A hearing 
16shall
be held before the Board within 30 days if the Secretary

17summarily suspends a firearm control card.

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

19contrary, all requirements relating to firearms control
cards 
20do not apply to a peace officer.

21 (h) The Department may issue a temporary firearm control 
22card pending issuance of a new firearm control card upon an 
23agency's acquiring of an established armed account. An agency 
24that has acquired armed employees as a result of acquiring an 
25established armed account may, on forms supplied by the 
26Department, request the issuance of a temporary firearm control 
 
 
HB4354- 54 -LRB100 16397 SLF 31525 b


1card for each acquired employee who held a valid firearm 
2control card under his or her employment with the newly 
3acquired established armed account immediately preceding the 
4acquiring of the account and who continues to meet all of the 
5qualifications for issuance of a firearm control card set forth 
6in this Act and any rules adopted under this Act. The 
7Department shall, by rule, set the fee for issuance of a 
8temporary firearm control card.

9 (i) The Department shall not issue a firearm control card 
10to a licensed fingerprint vendor or a licensed locksmith or 
11employees of a licensed fingerprint vendor agency or a licensed 
12locksmith agency.

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


14 Section 50. The Mental Health and Developmental 
15Disabilities Code is amended by changing Sections 6-103.1, 
166-103.2, and 6-103.3 as follows:

17 (405 ILCS 5/6-103.1)
18 Sec. 6-103.1. Adjudication as a person with a mental 
19disability. When a person has been adjudicated as a person with 
20a mental disability as defined in Section 1.1 of the Firearm 
21Owners Identification Card Act, including, but not limited to, 
22an adjudication as a person with a disability as defined in 
23Section 11a-2 of the Probate Act of 1975, the court shall 
24direct
the circuit court clerk to notify the
Department of 
 
 
HB4354- 55 -LRB100 16397 SLF 31525 b


1State Police, Firearm Owner's Identification
(FOID) Office, in 
2a form and manner prescribed by the Department of State Police, 
3and shall forward a copy of the court order to the Department 
4no later than 7 days after the entry of the order. Upon receipt 
5of the order, the Department of State Police shall provide 
6notification to the National Instant Criminal Background Check 
7System. In this Section, "has been adjudicated as a mentally 
8disabled person" means the person is the subject of a 
9determination by a court, board, commission, or other lawful 
10authority that the person, as a result of marked subnormal 
11intelligence, or mental illness, mental impairment, 
12incompetency, condition, or disease:

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

15  (2) lacks the mental capacity to manage his or her own 
16 affairs or is adjudicated a disabled person as defined in 
17 Section 11a-2 of the Probate Act of 1975;
18  (3) is not guilty in a criminal case by reason of 
19 insanity, mental disease or defect;
20  (3.5) is guilty but mentally ill, as provided in 
21 Section 5-2-6 of the Unified Code of Corrections; 
22  (4) is incompetent to stand trial in a criminal case;
23  (5) is not guilty by reason of lack of mental 
24 responsibility under Articles 50a and 72b of the Uniform 
25 Code of Military Justice, 10 U.S.C. 850a, 876b;
26  (6) is a sexually violent person under subsection (f) 
 
 
HB4354- 56 -LRB100 16397 SLF 31525 b


1 of Section 5 of the Sexually Violent Persons Commitment 
2 Act;
3  (7) is a sexually dangerous person under the Sexually 
4 Dangerous Persons Act;
5  (8) is unfit to stand trial under the Juvenile Court 
6 Act of 1987;
7  (9) is not guilty by reason of insanity under the

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

10 inpatient as defined in Section 1-119 of this Code;
11  (11) is subject to involuntary admission as an

12 outpatient as defined in Section 1-119.1 of this Code;
13  (12) is subject to judicial admission as set forth in

14 Section 4-500 of this Code; or
15  (13) is subject to the provisions of the Interstate

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

18 (405 ILCS 5/6-103.2)
19 Sec. 6-103.2. Developmental disability; notice. If a 
20person 14 years old or older is determined to be a person with 
21a developmental disability by a physician, clinical 
22psychologist, or qualified examiner, the physician, clinical 
23psychologist, or qualified examiner shall notify the 
24Department of Human Services within 7 days of making the 
25determination that the person has a developmental disability. 
 
 
HB4354- 57 -LRB100 16397 SLF 31525 b


1The Department of Human Services shall immediately update its 
2records and information relating to mental health and 
3developmental disabilities, and if appropriate, shall notify 
4the Department of State Police in a form and manner prescribed 
5by the Department of State Police. Information disclosed under 
6this Section shall remain privileged and confidential, and 
7shall not be redisclosed, except as required under clause 
8(e)(2) of Section 24-4.5 of the Criminal Code of 2012 
9subsection (e) of Section 3.1 of the Firearm Owners 
10Identification Card Act, nor used for any other purpose. The 
11method of providing this information shall guarantee that the 
12information is not released beyond that which is necessary for 
13the purpose of this Section and shall be provided by rule by 
14the Department of Human Services. The identity of the person 
15reporting under this Section shall not be disclosed to the 
16subject of the report.
17 The physician, clinical psychologist, or qualified 
18examiner making the determination and his or her employer may 
19not be held criminally, civilly, or professionally liable for 
20making or not making the notification required under this 
21Section, except for willful or wanton misconduct.

22 In this Section, "developmentally disabled" has the 
23meaning ascribed to it in Section 12 of the Mental Health and 
24Developmental Disabilities Confidentiality Act. 
25 For purposes of this Section, "developmental disability" 
26means a disability which is attributable to any other condition 
 
 
HB4354- 58 -LRB100 16397 SLF 31525 b


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

22 (405 ILCS 5/6-103.3)
23 Sec. 6-103.3. Clear and present danger; notice. If a person 
24is determined to pose a clear and present danger to himself, 
25herself, or to others by a physician, clinical psychologist, or 
 
 
HB4354- 59 -LRB100 16397 SLF 31525 b


1qualified examiner, whether employed by the State, by any 
2public or private mental health facility or part thereof, or by 
3a law enforcement official or a school administrator, then the 
4physician, clinical psychologist, qualified examiner shall 
5notify the Department of Human Services and a law enforcement 
6official or school administrator shall notify the Department of 
7State Police, within 24 hours of making the determination that 
8the person poses a clear and present danger. The Department of 
9Human Services shall immediately update its records and 
10information relating to mental health and developmental 
11disabilities, and if appropriate, shall notify the Department 
12of State Police in a form and manner prescribed by the 
13Department of State Police. Information disclosed under this 
14Section shall remain privileged and confidential, and shall not 
15be redisclosed, except as required under clause (e)(2) of 
16Section 24-4.5 of the Criminal Code of 2012 subsection (e) of 
17Section 3.1 of the Firearm Owners Identification Card Act, nor 
18used for any other purpose. The method of providing this 
19information shall guarantee that the information is not 
20released beyond that which is necessary for the purpose of this 
21Section and shall be provided by rule by the Department of 
22Human Services. The identity of the person reporting under this 
23Section shall not be disclosed to the subject of the report. 
24The physician, clinical psychologist, qualified examiner, law 
25enforcement official, or school administrator making the 
26determination and his or her employer shall not be held 
 
 
HB4354- 60 -LRB100 16397 SLF 31525 b


1criminally, civilly, or professionally liable for making or not 
2making the notification required under this Section, except for 
3willful or wanton misconduct. This Section does not apply to a 
4law enforcement official, if making the notification under this 
5Section will interfere with an ongoing or pending criminal 
6investigation.
7 For the purposes of this Section:
8  "Clear and present danger" means a person who:
9   (1) communicates a serious threat of physical

10 violence against a reasonably identifiable victim or 
11 poses a clear and imminent risk of serious physical 
12 injury to himself, herself, or another person as 
13 determined by a physician, clinical psychologist, or 
14 qualified examiner; or
15   (2) demonstrates threatening physical or verbal

16 behavior, such as violent, suicidal, or assaultive 
17 threats, actions, or other behavior, as determined by a 
18 physician, clinical psychologist, qualified examiner, 
19 school administrator, or law enforcement official. 
20  "Physician", "clinical psychologist", and "qualified 
21 examiner" have the meanings ascribed to them in this Code 
22 has the meaning ascribed to it in Section 1.1 of the 
23 Firearm Owners Identification Card Act.
24  "Determined to pose a clear and present danger to 
25 himself, herself, or to others by a physician, clinical 
26 psychologist, or qualified examiner" means in the 
 
 
HB4354- 61 -LRB100 16397 SLF 31525 b


1 professional opinion of the physician, clinical 
2 psychologist, or qualified examiner, a person poses a clear 
3 and present danger. 
4  "School administrator" means the person required to 
5 report under the School Administrator Reporting of Mental 
6 Health Clear and Present Danger Determinations Law.

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

8 Section 55. The Lead Poisoning Prevention Act is amended by 
9changing Section 2 as follows:



10 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)


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

12 "Child care facility" means any structure used by a child 
13care
provider licensed by the Department of Children and Family 
14Services or
public or private school structure frequented by 
15children 6 years of
age or younger.

16 "Childhood Lead Risk Questionnaire" means the 
17questionnaire developed by the Department for use by physicians 
18and other health care providers to determine risk factors for 
19children 6 years of age or younger residing in areas designated 
20as low risk for lead exposure.
21 "Delegate agency" means a unit of local government or 
22health
department approved by the Department to carry out the 
23provisions of this Act.

24 "Department" means the Department of Public Health.

 
 
HB4354- 62 -LRB100 16397 SLF 31525 b


1 "Director" means the Director of Public Health. 

2 "Dwelling unit" means an individual unit within a 
3residential building used as living quarters for one household. 
4 "Elevated blood lead level" means a blood lead level in 
5excess of those considered within the permissible limits as 
6established under State and federal rules. 
7 "Exposed surface" means any interior or exterior surface of

8a regulated facility. 
9 "High risk area" means an area in the State determined by 
10the Department to
be high risk for lead exposure for children 6 
11years of age or younger. The
Department may consider, but is 
12not limited to, the following factors to
determine a high risk 
13area: age and condition (using Department of Housing and
Urban

14Development definitions of "slum" and "blighted") of housing, 
15proximity to
highway traffic or heavy local traffic or both, 
16percentage of housing
determined as rental or vacant, proximity 
17to industry using lead, established
incidence of elevated blood 
18lead levels in children, percentage of population
living
below 
19200% of federal poverty guidelines, and number of children 
20residing in
the area who are 6 years of age or younger.

21 "Lead abatement" means any approved work practices that 
22will permanently eliminate lead exposure or remove the 
23lead-bearing substances in a regulated facility. The 
24Department shall establish by rule which work practices are 
25approved or prohibited for lead abatement. 
26 "Lead abatement contractor" means any person or entity 
 
 
HB4354- 63 -LRB100 16397 SLF 31525 b


1licensed by the
Department to perform lead abatement and 
2mitigation.

3 "Lead abatement supervisor" means any person employed by a 
4lead abatement contractor and licensed by the Department to 
5perform lead abatement and lead mitigation and to supervise 
6lead workers who perform lead abatement and lead mitigation. 
7 "Lead abatement worker" means any person employed by a lead 
8abatement
contractor and licensed by the Department to perform 
9lead abatement and
mitigation.

10 "Lead activities" means the conduct of any lead services, 
11including, lead inspection, lead risk assessment, lead 
12mitigation, or lead abatement work or supervision in a 
13regulated facility. 
14 "Lead-bearing substance" means any item containing or 
15coated with lead such that the lead content is more than 
16six-hundredths of one percent (0.06%) lead by total weight; or 
17any dust on surfaces or in
furniture or other nonpermanent 
18elements of the regulated facility; or any paint or
other 
19surface coating material containing more than five-tenths of 
20one
percent (0.5%) lead by total weight (calculated as lead 
21metal) in the total
non-volatile content of liquid paint; or 
22lead-bearing substances containing
greater than one milligram 
23per square centimeter or any lower standard for
lead content in 
24residential paint as may be established by federal law or rule; 
25or more than 1 milligram per square centimeter in the dried

26film of paint or previously applied substance; or item or dust 
 
 
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1on item containing lead in
excess of the amount specified in 
2the rules authorized by
this Act or a lower standard for lead 
3content as may be established by
federal law or rule. 
4"Lead-bearing substance" does not include firearm ammunition 
5or components as defined by Section 2-7.1 of the Criminal Code 
6of 2012 the Firearm Owners Identification Card Act.

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

8immediate health hazard to humans.

9 "Lead hazard screen" means a lead risk assessment that 
10involves limited dust and paint sampling for lead-bearing 
11substances and lead hazards. This service is used as a 
12screening tool designed to determine if further lead 
13investigative services are required for the regulated 
14facility.
15 "Lead inspection" means a surface-by-surface investigation 
16to determine the presence of lead-based paint.
17 "Lead inspector" means an individual who has been trained 
18by a Department-approved training program and is licensed by 
19the Department to conduct lead inspections; to sample for the 
20presence of lead in paint, dust, soil, and water; and to 
21conduct compliance investigations. 
22 "Lead mitigation" means the remediation, in a
manner 
23described in Section 9, of a lead hazard so that the

24lead-bearing substance does not pose an immediate
health hazard 
25to humans. 
26 "Lead poisoning" means the condition of having blood lead 
 
 
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1levels in
excess of those considered safe under State and 
2federal rules.

3 "Lead risk assessment" means an on-site investigation to 
4determine the existence, nature, severity, and location of lead 
5hazards. "Lead risk assessment" includes any lead sampling and 
6visual assessment associated with conducting a lead risk 
7assessment and lead hazard screen and all lead sampling 
8associated with compliance investigations.
9 "Lead risk assessor" means an individual who has been 
10trained by a Department-approved training program and is 
11licensed by the Department to conduct lead risk assessments, 
12lead inspections, and lead hazard screens; to sample for the 
13presence of lead in paint, dust, soil, water, and sources for 
14lead-bearing substances; and to conduct compliance 
15investigations.
16 "Lead training program provider" means any person 
17providing Department-approved lead training in Illinois to 
18individuals seeking licensure in accordance with the Act. 
19 "Low risk area" means an area in the State determined by

20the Department to be low risk for lead exposure for children 6 
21years of age or younger. The Department may consider the 
22factors named in "high risk area" to determine low
risk areas. 
23 "Owner" means any person, who alone, jointly, or severally 
24with
others:

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

26 without actual possession of the regulated facility, or

 
 
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1  (b) Has charge, care, or control of the regulated 
2 facility as owner or agent of the owner, or as executor, 
3 administrator,
trustee, or guardian of the estate of the 
4 owner.

5 "Person" means any individual, partnership, firm, company, 
6limited liability company, corporation, association, joint 
7stock company, trust, estate, political subdivision, State 
8agency, or any other legal entity, or their legal 
9representative, agent, or assign.

10 "Regulated facility" means a residential building or child 
11care facility. 
12 "Residential building" means any room, group of rooms, or 
13other
interior areas of a structure designed or used for human 
14habitation; common
areas accessible by inhabitants; and the 
15surrounding property or structures.

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



17 (430 ILCS 65/Act rep.)

18 Section 60. The Firearm Owners Identification Card Act is 
19repealed.

20 Section 65. The Firearm Concealed Carry Act is amended by 
21changing Sections 25, 30, 40, 70, 80, and 105 as follows:

22 (430 ILCS 66/25)

23 Sec. 25. Qualifications for a license. 
 
 
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1 The Department shall issue a license to an applicant 
2completing an application in accordance with Section 30 of this 
3Act if the person:
4  (1) is at least 21 years of age;
5  (2) has a currently valid Firearm Owner's 
6 Identification Card and at the time of application meets 
7 the requirements for the issuance of a Firearm Owner's 
8 Identification Card and is not prohibited under State or 
9 the Firearm Owners Identification Card Act or federal law 
10 from possessing or receiving a firearm;
11  (3) has not been convicted or found guilty in this 
12 State or in any other state of:
13   (A) a misdemeanor involving the use or threat of 
14 physical force or violence to any person within the 5 
15 years preceding the date of the license application; or
16   (B) 2 or more violations related to driving while 
17 under the influence of alcohol, other drug or drugs, 
18 intoxicating compound or compounds, or any combination 
19 thereof, within the 5 years preceding the date of the 
20 license application;
21  (4) is not the subject of a pending arrest warrant, 
22 prosecution, or proceeding for an offense or action that 
23 could lead to disqualification to own or possess a firearm;
24  (5) has not been in residential or court-ordered 
25 treatment for alcoholism, alcohol detoxification, or drug 
26 treatment within the 5 years immediately preceding the date 
 
 
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1 of the license application; and
2  (6) has completed firearms training and any education 
3 component required under Section 75 of this Act.

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

5 (430 ILCS 66/30)

6 Sec. 30. Contents of license application. 
7 (a) The license application shall be in writing, under 
8penalty of perjury, on a standard form adopted by the 
9Department and shall be accompanied by the documentation 
10required in this Section and the applicable fee. Each 
11application form shall include the following statement printed 
12in bold type: "Warning: Entering false information on this form 
13is punishable as perjury under Section 32-2 of the Criminal 
14Code of 2012."
15 (b) The application shall contain the following:
16  (1) the applicant's name, current address, date and 
17 year of birth, place of birth, height, weight, hair color, 
18 eye color, maiden name or any other name the applicant has 
19 used or identified with, and any address where the 
20 applicant resided for more than 30 days within the 10 years 
21 preceding the date of the license application;
22  (2) the applicant's valid driver's license number or 
23 valid state identification card number;
24  (3) a waiver of the applicant's privacy and 
25 confidentiality rights and privileges under all federal 
 
 
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1 and state laws, including those limiting access to juvenile 
2 court, criminal justice, psychological, or psychiatric 
3 records or records relating to any institutionalization of 
4 the applicant, and an affirmative request that a person 
5 having custody of any of these records provide it or 
6 information concerning it to the Department. The waiver 
7 only applies to records sought in connection with 
8 determining whether the applicant qualifies for a license 
9 to carry a concealed firearm under this Act, or whether the 
10 applicant remains in compliance with the Firearm Owners 
11 Identification Card Act;
12  (4) an affirmation that the applicant is not prohibited 
13 under State or federal law from possessing or receiving a 
14 firearm possesses a currently valid Firearm Owner's 
15 Identification Card and card number if possessed or notice 
16 the applicant is applying for a Firearm Owner's 
17 Identification Card in conjunction with the license 
18 application;
19  (5) an affirmation that the applicant has not been 
20 convicted or found guilty of:
21   (A) a felony;
22   (B) a misdemeanor involving the use or threat of 
23 physical force or violence to any person within the 5 
24 years preceding the date of the application; or
25   (C) 2 or more violations related to driving while 
26 under the influence of alcohol, other drug or drugs, 
 
 
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1 intoxicating compound or compounds, or any combination 
2 thereof, within the 5 years preceding the date of the 
3 license application; and
4  (6) whether the applicant has failed a drug test for a 
5 drug for which the applicant did not have a prescription, 
6 within the previous year, and if so, the provider of the 
7 test, the specific substance involved, and the date of the 
8 test;
9  (7) written consent for the Department to review and 
10 use the applicant's Illinois digital driver's license or 
11 Illinois identification card photograph and signature;
12  (8) a full set of fingerprints submitted to the 
13 Department in electronic format, provided the Department 
14 may accept an application submitted without a set of 
15 fingerprints in which case the Department shall be granted 
16 30 days in addition to the 90 days provided under 
17 subsection (e) of Section 10 of this Act to issue or deny a 
18 license;
19  (9) a head and shoulder color photograph in a size 
20 specified by the Department taken within the 30 days 
21 preceding the date of the license application; and
22  (10) a photocopy of any certificates or other evidence 
23 of compliance with the training requirements under this 
24 Act.

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

 
 
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1 (430 ILCS 66/40)

2 Sec. 40. Non-resident license applications. 
3 (a) For the purposes of this Section, "non-resident" means 
4a person who has not resided within this State for more than 30 
5days and resides in another state or territory.
6 (b) The Department shall by rule allow for non-resident 
7license applications from any state or territory of the United 
8States with laws related to firearm ownership, possession, and 
9carrying, that are substantially similar to the requirements to 
10obtain a license under this Act.
11 (c) A resident of a state or territory approved by the 
12Department under subsection (b) of this Section may apply for a 
13non-resident license. The applicant shall apply to the 
14Department and must meet all of the qualifications established 
15in Section 25 of this Act, except for the Illinois residency 
16requirement in item (xiv) of paragraph (2) of subsection (a) of 
17Section 4 of the Firearm Owners Identification Card Act. The 
18applicant shall submit:
19  (1) the application and documentation required under 
20 Section 30 of this Act and the applicable fee;
21  (2) a notarized document stating that the applicant:
22   (A) is eligible under federal law and the laws of 
23 his or her state or territory of residence to own or 
24 possess a firearm;
25   (B) if applicable, has a license or permit to carry 
26 a firearm or concealed firearm issued by his or her 
 
 
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1 state or territory of residence and attach a copy of 
2 the license or permit to the application;
3   (C) understands Illinois laws pertaining to the 
4 possession and transport of firearms; and
5   (D) acknowledges that the applicant is subject to 
6 the jurisdiction of the Department and Illinois courts 
7 for any violation of this Act;
8  (3) a photocopy of any certificates or other evidence 
9 of compliance with the training requirements under Section 
10 75 of this Act; and
11  (4) a head and shoulder color photograph in a size 
12 specified by the Department taken within the 30 days 
13 preceding the date of the application.
14 (d) In lieu of an Illinois driver's license or Illinois 
15identification card, a non-resident applicant shall provide 
16similar documentation from his or her state or territory of 
17residence. The applicant shall submit In lieu of a valid 
18Firearm Owner's Identification Card, the applicant shall 
19submit documentation and information required by the 
20Department to obtain a Firearm Owner's Identification Card, 
21including an affidavit that the non-resident meets the mental 
22health standards to obtain a firearm under Illinois law, and 
23the Department shall ensure that the applicant would meet the 
24eligibility criteria under State law to possess a firearm to 
25obtain a Firearm Owner's Identification card if he or she was a 
26resident of this State.
 
 
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1 (e) Nothing in this Act shall prohibit a non-resident from 
2transporting a concealed firearm within his or her vehicle in 
3Illinois, if the concealed firearm remains within his or her 
4vehicle and the non-resident:
5  (1) is not prohibited from owning or possessing a 
6 firearm under federal law;
7  (2) is eligible to carry a firearm in public under the 
8 laws of his or her state or territory of residence, as

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

11 applicable; and
12  (3) is not in possession of a license under this Act.
13 If the non-resident leaves his or her vehicle unattended, 
14he or she shall store the firearm within a locked vehicle or 
15locked container within the vehicle in accordance with 
16subsection (b) of Section 65 of this Act.

17(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78, 
18eff. 7-20-15.)

19 (430 ILCS 66/70)

20 Sec. 70. Violations. 
21 (a) A license issued or renewed under this Act shall be 
22revoked if, at any time, the licensee is found to be ineligible 
23for a license under this Act or the licensee is prohibited from 
24possessing a firearm under State or federal law no longer meets 
25the eligibility requirements of the Firearm Owners 
 
 
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1Identification Card Act.
2 (b) A license shall be suspended if an order of protection, 
3including an emergency order of protection, plenary order of 
4protection, or interim order of protection under Article 112A 
5of the Code of Criminal Procedure of 1963 or under the Illinois 
6Domestic Violence Act of 1986, is issued against a licensee for 
7the duration of the order, or if the Department is made aware 
8of a similar order issued against the licensee in any other 
9jurisdiction. If an order of protection is issued against a 
10licensee, the licensee shall surrender the license, as 
11applicable, to the court at the time the order is entered or to 
12the law enforcement agency or entity serving process at the 
13time the licensee is served the order. The court, law 
14enforcement agency, or entity responsible for serving the order 
15of protection shall notify the Department within 7 days and 
16transmit the license to the Department.
17 (c) A license is invalid upon expiration of the license, 
18unless the licensee has submitted an application to renew the 
19license, and the applicant is otherwise eligible to possess a 
20license under this Act.
21 (d) A licensee shall not carry a concealed firearm while 
22under the influence of alcohol, other drug or drugs, 
23intoxicating compound or combination of compounds, or any 
24combination thereof, under the standards set forth in 
25subsection (a) of Section 11-501 of the Illinois Vehicle Code.
26 A licensee in violation of this subsection (d) shall be 
 
 
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1guilty of a Class A misdemeanor for a first or second violation 
2and a Class 4 felony for a third violation. The Department may 
3suspend a license for up to 6 months for a second violation and 
4shall permanently revoke a license for a third violation.
5 (e) Except as otherwise provided, a licensee in violation 
6of this Act shall be guilty of a Class B misdemeanor. A second 
7or subsequent violation is a Class A misdemeanor. The 
8Department may suspend a license for up to 6 months for a 
9second violation and shall permanently revoke a license for 3 
10or more violations of Section 65 of this Act. Any person 
11convicted of a violation under this Section shall pay a $150 
12fee to be deposited into the Mental Health Reporting Fund, plus 
13any applicable court costs or fees.
14 (f) A licensee convicted or found guilty of a violation of 
15this Act who has a valid license and is otherwise eligible to 
16carry a concealed firearm shall only be subject to the 
17penalties under this Section and shall not be subject to the 
18penalties under Section 21-6, paragraph (4), (8), or (10) of 
19subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) 
20of paragraph (3) of subsection (a) of Section 24-1.6 of the 
21Criminal Code of 2012. Except as otherwise provided in this 
22subsection, nothing in this subsection prohibits the licensee 
23from being subjected to penalties for violations other than 
24those specified in this Act.
25 (g) A licensee whose license is revoked, suspended, or 
26denied shall, within 48 hours of receiving notice of the 
 
 
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1revocation, suspension, or denial, surrender his or her 
2concealed carry license to the local law enforcement agency 
3where the person resides. The local law enforcement agency 
4shall provide the licensee a receipt and transmit the concealed 
5carry license to the Department of State Police. If the 
6licensee whose concealed carry license has been revoked, 
7suspended, or denied fails to comply with the requirements of 
8this subsection, the law enforcement agency where the person 
9resides may petition the circuit court to issue a warrant to 
10search for and seize the concealed carry license in the 
11possession and under the custody or control of the licensee 
12whose concealed carry license has been revoked, suspended, or 
13denied. The observation of a concealed carry license in the 
14possession of a person whose license has been revoked, 
15suspended, or denied constitutes a sufficient basis for the 
16arrest of that person for violation of this subsection. A 
17violation of this subsection is a Class A misdemeanor.
18 (h) (Blank). A license issued or renewed under this Act 
19shall be revoked if, at any time, the licensee is found 
20ineligible for a Firearm Owner's Identification Card, or the 
21licensee no longer possesses a valid Firearm Owner's 
22Identification Card. A licensee whose license is revoked under 
23this subsection (h) shall surrender his or her concealed carry 
24license as provided for in subsection (g) of this Section. 
25 This subsection shall not apply to a person who has filed 
26an application with the State Police for renewal of a Firearm

 
 
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1Owner's Identification Card and who is not otherwise ineligible 
2to obtain a Firearm Owner's Identification Card.

3 (i) A certified firearms instructor who knowingly provides 
4or offers to provide a false certification that an applicant 
5has completed firearms training as required under this Act is 
6guilty of a Class A misdemeanor. A person guilty of a violation 
7of this subsection (i) is not eligible for court supervision. 
8The Department shall permanently revoke the firearms 
9instructor certification of a person convicted under this 
10subsection (i). 
11(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, 
12eff. 8-15-14.)

13 (430 ILCS 66/80)
14 Sec. 80. Certified firearms instructors. 
15 (a) Within 60 days of the effective date of this Act, the 
16Department shall begin approval of certified firearms 
17instructors and enter certified firearms instructors into an 
18online registry on the Department's website.
19 (b) A person who is not a certified firearms instructor 
20shall not teach applicant training courses or advertise or 
21otherwise represent courses they teach as qualifying their 
22students to meet the requirements to receive a license under 
23this Act. Each violation of this subsection is a business 
24offense with a fine of at least $1,000 per violation.
25 (c) A person seeking to become a certified firearms 
 
 
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1instructor shall:
2  (1) be at least 21 years of age;
3  (2) be a legal resident of the United States; and
4  (3) meet the requirements of Section 25 of this Act, 
5 except for the Illinois residency
requirement in item (xiv) 
6 of paragraph (2) of subsection (a) of Section 4 of the 
7 Firearm
Owners Identification Card Act; and any additional 
8 uniformly applied requirements established by the 
9 Department.
10 (d) A person seeking to become a certified firearms 
11instructor, in addition to the requirements of subsection (c) 
12of this Section, shall:
13  (1) possess a high school diploma or high school 
14 equivalency certificate; and
15  (2) have at least one of the following valid firearms 
16 instructor certifications:
17   (A) certification from a law enforcement agency;
18   (B) certification from a firearm instructor course 
19 offered by a State or federal governmental agency;
20   (C) certification from a firearm instructor 
21 qualification course offered by the Illinois Law 
22 Enforcement Training Standards Board; or
23   (D) certification from an entity approved by the 
24 Department that offers firearm instructor education 
25 and training in the use and safety of firearms.
26 (e) A person may have his or her firearms instructor 
 
 
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1certification denied or revoked if he or she does not meet the 
2requirements to obtain a license under this Act, provides false 
3or misleading information to the Department, or has had a prior 
4instructor certification revoked or denied by the Department.

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

7 (430 ILCS 66/105)

8 Sec. 105. Duty of school administrator. It is the duty of 
9the principal
of a public elementary or secondary school, or 
10his or her designee, and the
chief administrative officer of a 
11private elementary or secondary school or a
public or private 
12community college, college, or university, or his or her

13designee, to report to the Department of State Police when a 
14student is determined to pose a clear and present danger to 
15himself, herself, or to others, within 24 hours of
the 
16determination as provided in Section 6-103.3 of the Mental 
17Health and Developmental Disabilities Code. "Clear and present 
18danger" has the meaning as provided in paragraph (2) of the 
19definition of "clear and present danger" in Section 6-103.3 of 
20the Mental Health and Developmental Disabilities Code 1.1 of 
21the Firearm Owners Identification Card Act.

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

23 Section 70. The Wildlife Code is amended by changing 
24Sections 3.2 and 3.2a as follows:



 
 
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1 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)



2 Sec. 3.2. Hunting license; application; instruction. 
3Before the
Department or any county, city, village, township, 
4incorporated town clerk
or his duly designated agent or any 
5other person authorized or designated
by the Department to 
6issue hunting licenses shall issue a hunting license
to any 
7person, the person shall file his application with the 
8Department or
other party authorized to issue licenses on a 
9form provided by the
Department and further give definite proof 
10of identity and place of legal
residence. Each clerk 
11designating agents to issue licenses and stamps
shall furnish 
12the Department, within 10 days following the appointment, the

13names and mailing addresses of the agents. Each clerk or his 
14duly
designated agent shall be authorized to sell licenses and 
15stamps only
within the territorial area for which he was 
16elected or appointed. No duly
designated agent is authorized to 
17furnish licenses or stamps for
issuance by any other business 
18establishment. Each
application shall be executed and sworn to 
19and shall set forth the name
and description of the applicant 
20and place of residence.

21 No hunting license shall be issued to any person born on or 
22after January
1,
1980
unless he presents the person authorized 
23to issue the license
evidence that he has held a hunting 
24license issued by the State of Illinois
or another state in a 
25prior year, or a certificate of competency as
provided in this 
 
 
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1Section. Persons under 16 years of age may be issued a
Lifetime 
2Hunting or Sportsmen's Combination License as provided under 
3Section
20-45 of the Fish and Aquatic Life Code but shall not 
4be entitled to hunt
unless they have a certificate of 
5competency as provided in this Section and
they shall have the 
6certificate in their possession while hunting.

7 The Department of Natural Resources shall authorize

8personnel of the
Department or certified volunteer instructors 
9to conduct courses, of not
less than 10 hours in length, in 
10firearms and hunter safety, which may include
training in bow 
11and arrow safety, at regularly specified intervals throughout

12the State. Persons successfully completing the course shall 
13receive a
certificate of competency. The Department of Natural 
14Resources may further
cooperate with any reputable association 
15or organization in establishing
courses if the organization has 
16as one of its objectives the promotion of
safety in the 
17handling of firearms or bow and arrow.

18 The Department of Natural Resources shall designate any

19person found by it
to be competent to give instruction in the 
20handling of firearms, hunter
safety, and bow and arrow. The 
21persons so appointed shall give the
course of instruction and 
22upon the successful completion shall
issue to the person 
23instructed a certificate of competency in the safe
handling of 
24firearms, hunter safety, and bow and arrow. No charge shall
be 
25made for any course of instruction except for materials or 
26ammunition
consumed. The Department of Natural Resources shall

 
 
HB4354- 82 -LRB100 16397 SLF 31525 b


1furnish information on
the requirements of hunter safety 
2education programs to be distributed
free of charge to 
3applicants for hunting licenses by the persons
appointed and 
4authorized to issue licenses. Funds for the conducting of

5firearms and hunter safety courses shall be taken from the fee 
6charged
for the Firearm Owners Identification Card.

7 The fee for a hunting license to hunt all species for a 
8resident of
Illinois is $12. For residents age 65 or older, 
9and, commencing with the 2012 license year, resident veterans 
10of the United States Armed Forces after returning from service 
11abroad or mobilization by the President of the United States, 
12the fee is one-half of the
fee charged for a hunting license to 
13hunt all species for a resident of
Illinois. Veterans must 
14provide to the Department, at one of the Department's 5 
15regional offices, verification of their service. The 
16Department shall establish what constitutes suitable 
17verification of service for the purpose of issuing resident 
18veterans hunting
licenses at a reduced fee. The fee for a 
19hunting license to hunt all species shall be $1 for residents 
20over 75 years of age. Nonresidents shall be charged $57 for a 
21hunting license.

22 Nonresidents may be issued a nonresident hunting license 
23for a
period not to exceed 10 consecutive days' hunting in the 
24State and shall
be charged a fee of $35.

25 A special nonresident hunting license authorizing a 
26nonresident to
take game birds by hunting on a game breeding 
 
 
HB4354- 83 -LRB100 16397 SLF 31525 b


1and hunting preserve
area only, established under Section 3.27, 
2shall be issued upon proper
application being made and payment 
3of a fee equal to that for a resident
hunting license. The 
4expiration date of this license shall be on the same
date each 
5year that game breeding and hunting preserve
area licenses 
6expire.

7 Each applicant for a State Migratory Waterfowl Stamp, 
8regardless of
his residence or other condition, shall pay a fee 
9of $15 and
shall receive a stamp. The fee for a State Migratory 
10Waterfowl Stamp shall be waived for residents over 75 years of 
11age. Except as provided under
Section 20-45 of the Fish and 
12Aquatic Life Code,
the stamp shall be signed by the person or 
13affixed to his license
or permit in a space designated by the 
14Department for that purpose.

15 Each applicant for a State Habitat Stamp, regardless of his 
16residence
or other condition, shall pay a fee of $5 and shall 
17receive a
stamp. The fee for a State Habitat Stamp shall be 
18waived for residents over 75 years of age. Except as provided 
19under Section 20-45 of the Fish and Aquatic Life
Code, the 
20stamp shall be signed by the person or affixed to his license 
21or
permit in a space designated by the Department for that 
22purpose.

23 Nothing in this Section shall be construed as to require 
24the purchase
of more than one State Habitat Stamp by any person 
25in any one license year.

26 The fees for State Pheasant Stamps and State Furbearer 
 
 
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1Stamps shall be waived for residents over 75 years of age. 
2 The Department shall furnish the holders of hunting 
3licenses and stamps
with an insignia as evidence of possession 
4of license, or license and
stamp, as the Department may 
5consider advisable. The insignia shall be
exhibited and used as 
6the Department may order.

7 All other hunting licenses and all State stamps shall 
8expire upon
March 31 of each year.

9 Every person holding any license, permit, or stamp issued 
10under the
provisions of this Act shall have it in his 
11possession for immediate
presentation for inspection to the 
12officers and authorized employees of
the Department, any 
13sheriff, deputy sheriff, or any other peace officer making
a 
14demand for it. This provision shall not apply to Department 
15owned or
managed sites where it is required that all hunters 
16deposit their license or ,
permit , or Firearm Owner's 
17Identification Card at the check station upon
entering the 
18hunting areas.

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






20 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)



21 Sec. 3.2a. 
Every person holding any license, permit or 
22stamp issued under the
provisions hereof shall have it in his 
23possession for immediate
presentation for inspection to the 
24officers and authorized employees of
the Department, any 
25sheriff, deputy sheriff or any other peace officer making
a 
 
 
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1demand for it.
This provision shall not apply to Department 
2owned or managed sites where
it is required that all hunters 
3deposit their license or , permit or Firearm
Owner's 
4Identification Card at the check station upon entering the 
5hunting areas. 

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



7 Section 75. The Clerks of Courts Act is amended by changing 
8Section 27.3a as follows:



9 (705 ILCS 105/27.3a)



10 Sec. 27.3a. Fees for automated record keeping, probation 
11and court services operations, State and Conservation Police 
12operations, and e-business programs. 

13 1. The expense of establishing and maintaining automated 
14record
keeping systems in the offices of the clerks of the 
15circuit court shall
be borne by the county. To defray such 
16expense in any county having
established such an automated 
17system or which elects to establish such a
system, the county 
18board may require the clerk of the circuit court in
their 
19county to charge and collect a court automation fee of not less 
20than
$1 nor more than $25 to be charged and collected by the 
21clerk of the court.
Such fee shall be paid at the time of 
22filing the first pleading, paper or
other appearance filed by 
23each party in all civil cases or by the defendant
in any 
24felony, traffic, misdemeanor, municipal ordinance, or 
 
 
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1conservation
case upon a judgment of guilty or grant of 
2supervision, provided that
the record keeping system which 
3processes the case
category for which the fee is charged is 
4automated or has been approved for
automation by the county 
5board, and provided further that no additional fee
shall be 
6required if more than one party is presented in a single 
7pleading,
paper or other appearance. Such fee shall be 
8collected in the manner in
which all other fees or costs are 
9collected.

10 1.1. Starting on July 6, 2012 (the effective date of Public 
11Act 97-761) and pursuant to an administrative order from the 
12chief judge of the circuit or the presiding judge of the county 
13authorizing such collection, a clerk of the circuit court in 
14any county that imposes a fee pursuant to subsection 1 of this 
15Section shall also charge and collect an additional $10 
16operations fee for probation and court services department 
17operations.
18 This additional fee shall be paid by the defendant in any 
19felony, traffic, misdemeanor, local ordinance, or conservation 
20case upon a judgment of guilty or grant of supervision, except 
21such $10 operations fee shall not be charged and collected in 
22cases governed by Supreme Court Rule 529 in which the bail 
23amount is $120 or less. 
24 1.2. With respect to the fee imposed and collected under 
25subsection 1.1 of this Section, each clerk shall transfer all 
26fees monthly to the county treasurer for deposit into the 
 
 
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1probation and court services fund created under Section 15.1 of 
2the Probation and Probation Officers Act, and such monies shall 
3be disbursed from the fund only at the direction of the chief 
4judge of the circuit or another judge designated by the Chief 
5Circuit Judge in accordance with the policies and guidelines 
6approved by the Supreme Court. 
7 1.5. Starting on June 1, 2014, a clerk of the circuit court 
8in any county that imposes a fee pursuant to subsection 1 of 
9this Section, shall charge and collect an additional fee in an 
10amount equal to the amount of the fee imposed pursuant to 
11subsection 1 of this Section, except the fee imposed under this 
12subsection may not be more than $15. This additional fee shall 
13be paid by the defendant in any felony, traffic, misdemeanor, 
14or local ordinance case upon a judgment of guilty or grant of 
15supervision. This fee shall not be paid by the defendant for 
16any violation listed in subsection 1.6 of this Section.
17 1.6. Starting on June 1, 2014, a clerk of the circuit court 
18in any county that imposes a fee pursuant to subsection 1 of 
19this Section shall charge and collect an additional fee in an 
20amount equal to the amount of the fee imposed pursuant to 
21subsection 1 of this Section, except the fee imposed under this 
22subsection may not be more than $15. This additional fee shall 
23be paid by the defendant upon a judgment of guilty or grant of 
24supervision for a violation under the State Parks Act, the 
25Recreational Trails of Illinois Act, the Illinois Explosives 
26Act, the Timber Buyers Licensing Act, the Forest Products 
 
 
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1Transportation Act, the Firearm Owners Identification Card 
2Act, the Environmental Protection Act, the Fish and Aquatic 
3Life Code, the Wildlife Code, the Cave Protection Act, the 
4Illinois Exotic Weed Act, the Illinois Forestry Development 
5Act, the Ginseng Harvesting Act, the Illinois Lake Management 
6Program Act, the Illinois Natural Areas Preservation Act, the 
7Illinois Open Land Trust Act, the Open Space Lands Acquisition 
8and Development Act, the Illinois Prescribed Burning Act, the 
9State Forest Act, the Water Use Act of 1983, the Illinois 
10Veteran, Youth, and Young Adult Conservation Jobs Act, the 
11Snowmobile Registration and Safety Act, the Boat Registration 
12and Safety Act, the Illinois Dangerous Animals Act, the Hunter 
13and Fishermen Interference Prohibition Act, the Wrongful Tree 
14Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427, 
1511-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of 
16the Illinois Vehicle Code, or Section 48-3 or 48-10 of the 
17Criminal Code of 2012. 
18 1.7. Starting on the 30th day after the effective date of 
19this amendatory Act of the 99th General Assembly, a clerk of 
20the circuit court in any county that imposes a fee pursuant to 
21subsection 1 of this Section shall also charge and collect an 
22additional $9 e-business fee. The fee shall be paid at the time 
23of filing the first pleading, paper, or other appearance filed 
24by each party in all civil cases, except no additional fee 
25shall be required if more than one party is presented in a 
26single pleading, paper, or other appearance. The fee shall be 
 
 
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1collected in the manner in which all other fees or costs are 
2collected. The fee shall be in addition to all other fees and 
3charges of the clerk, and assessable as costs, and may be 
4waived only if the judge specifically provides for the waiver 
5of the e-business fee. The fee shall not be charged in any 
6matter coming to the clerk on a change of venue, nor in any 
7proceeding to review the decision of any administrative 
8officer, agency, or body. 
9 2. With respect to the fee imposed under subsection 1 of 
10this Section, each clerk shall commence such charges and 
11collections upon receipt
of written notice from the chairman of 
12the county board together with a
certified copy of the board's 
13resolution, which the clerk shall file of
record in his office.

14 3. With respect to the fee imposed under subsection 1 of 
15this Section, such fees shall be in addition to all other fees 
16and charges of such
clerks, and assessable as costs, and may be 
17waived only if the judge
specifically provides for the waiver 
18of the court automation fee. The
fees shall be remitted monthly 
19by such clerk to the county treasurer, to be
retained by him in 
20a special fund designated as the court automation fund.
The 
21fund shall be audited by the county auditor, and the board 
22shall make
expenditure from the fund in payment of any cost 
23related to the automation
of court records, including hardware, 
24software, research and development
costs and personnel related 
25thereto, provided that the expenditure is
approved by the clerk 
26of the court and by the chief judge of the circuit
court or his 
 
 
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1designate.

2 4. With respect to the fee imposed under subsection 1 of 
3this Section, such fees shall not be charged in any matter 
4coming to any such clerk
on change of venue, nor in any 
5proceeding to review the decision of any
administrative 
6officer, agency or body.

7 5. With respect to the additional fee imposed under 
8subsection 1.5 of this Section, the fee shall be remitted by 
9the circuit clerk to the State Treasurer within one month after 
10receipt for deposit into the State Police Operations Assistance 
11Fund. 
12 6. With respect to the additional fees imposed under 
13subsection 1.5 of this Section, the Director of State Police 
14may direct the use of these fees for homeland security purposes 
15by transferring these fees on a quarterly basis from the State 
16Police Operations Assistance Fund into the Illinois Law 
17Enforcement Alarm Systems (ILEAS) Fund for homeland security 
18initiatives programs. The transferred fees shall be allocated, 
19subject to the approval of the ILEAS Executive Board, as 
20follows: (i) 66.6% shall be used for homeland security 
21initiatives and (ii) 33.3% shall be used for airborne 
22operations. The ILEAS Executive Board shall annually supply the 
23Director of State Police with a report of the use of these 
24fees. 
25 7. With respect to the additional fee imposed under 
26subsection 1.6 of this Section, the fee shall be remitted by 
 
 
HB4354- 91 -LRB100 16397 SLF 31525 b


1the circuit clerk to the State Treasurer within one month after 
2receipt for deposit into the Conservation Police Operations 
3Assistance Fund. 
4 8. With respect to the fee imposed under subsection 1.7 of 
5this Section, the clerk shall remit the fee to the State 
6Treasurer within one month after receipt for deposit into the 
7Supreme Court Special Purposes Fund. Unless otherwise 
8authorized by this Act, the moneys deposited into the Supreme 
9Court Special Purposes Fund under this subsection are not 
10subject to administrative charges or chargebacks under Section 
1120 of the State Treasurer Act. 
12(Source: P.A. 98-375, eff. 8-16-13; 98-606, eff. 6-1-14; 
1398-1016, eff. 8-22-14; 99-859, eff. 8-19-16.)

14 Section 80. The Criminal Code of 2012 is amended by 
15changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1, 
1624-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4, 
1724-3.5, 24-4.1, and 24-9 and adding Section 24-4.5 as follows:




18 (720 ILCS 5/2-7.1)



19 Sec. 2-7.1. "Firearm
"Firearm" and "firearm ammunition". 
20"Firearm
"Firearm" and "firearm
ammunition" means any 
21self-contained cartridge or shotgun shell, by whatever name 
22known, which is designed to be used or adaptable to use in a 
23firearm; excluding, however:
24 (1) any ammunition exclusively designed for use with
a 
 
 
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1device used exclusively for signalling or safety and required 
2or recommended by the United States Coast Guard or the 
3Interstate Commerce Commission; and
4 (2) any ammunition designed exclusively for use with
a stud 
5or rivet driver or other similar industrial ammunition
have the 
6meanings ascribed to them in Section 1.1 of the Firearm
Owners 
7Identification Card Act.

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





9 (720 ILCS 5/2-7.5)



10 Sec. 2-7.5. "Firearm". Except as otherwise provided in a 
11specific
Section, "firearm" means any device, by whatever name 
12known, which is designed to expel a projectile or projectiles 
13by the action of an explosion, expansion of gas or escape of 
14gas; excluding, however:
15 (1) any pneumatic gun, spring gun, paint ball gun, or B-B 
16gun which
expels a single globular projectile not exceeding .18 
17inch in
diameter or which has a maximum muzzle velocity of less 
18than 700 feet
per second;
19 (1.1) any pneumatic gun, spring gun, paint ball gun, or B-B 
20gun which expels breakable paint balls containing washable 
21marking colors; 
22 (2) any device used exclusively for signalling or
safety 
23and required or recommended by the United States Coast Guard or 
24the Interstate Commerce Commission;
25 (3) any device used exclusively for the firing of
stud 
 
 
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1cartridges, explosive rivets, or similar industrial 
2ammunition; and
3 (4) an antique firearm (other than a machine-gun)
which, 
4although designed as a weapon, the Department of State Police 
5finds by reason of the date of its manufacture, value, design, 
6and other characteristics is primarily a collector's item and 
7is not likely to be used as a weapon has the meaning ascribed 
8to it in Section 1.1 of the
Firearm Owners Identification Card 
9Act.

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



11 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)



12 Sec. 12-3.05. Aggravated battery. 

13 (a) Offense based on injury. A person commits aggravated 
14battery when, in committing a battery, other than by the 
15discharge of a firearm, he or she knowingly does any of the 
16following:
17  (1) Causes great bodily harm or permanent disability or 
18 disfigurement.
19  (2) Causes severe and permanent disability, great 
20 bodily harm, or disfigurement by means of a caustic or 
21 flammable substance, a poisonous gas, a deadly biological 
22 or chemical contaminant or agent, a radioactive substance, 
23 or a bomb or explosive compound.
24  (3) Causes great bodily harm or permanent disability or 
25 disfigurement to an individual whom the person knows to be 
 
 
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1 a peace officer, community policing volunteer, fireman, 
2 private security officer, correctional institution 
3 employee, or Department of Human Services employee 
4 supervising or controlling sexually dangerous persons or 
5 sexually violent persons:
6   (i) performing his or her official duties;
7   (ii) battered to prevent performance of his or her 
8 official duties; or
9   (iii) battered in retaliation for performing his 
10 or her official duties.
11  (4) Causes great bodily harm or permanent disability or 
12 disfigurement to an individual 60 years of age or older.
13  (5) Strangles another individual. 
14 (b) Offense based on injury to a child or person with an 
15intellectual disability. A person who is at least 18 years of 
16age commits aggravated battery when, in committing a battery, 
17he or she knowingly and without legal justification by any 
18means:
19  (1) causes great bodily harm or permanent disability or 
20 disfigurement to any child under the age of 13 years, or to 
21 any person with a severe or profound intellectual 
22 disability; or
23  (2) causes bodily harm or disability or disfigurement 
24 to any child under the age of 13 years or to any person 
25 with a severe or profound intellectual disability. 
26 (c) Offense based on location of conduct. A person commits 
 
 
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1aggravated battery when, in committing a battery, other than by 
2the discharge of a firearm, he or she is or the person battered 
3is on or about a public way, public property, a public place of 
4accommodation or amusement, a sports venue, or a domestic 
5violence shelter.
6 (d) Offense based on status of victim. A person commits 
7aggravated battery when, in committing a battery, other than by 
8discharge of a firearm, he or she knows the individual battered 
9to be any of the following:
10  (1) A person 60 years of age or older.
11  (2) A person who is pregnant or has a physical 
12 disability.
13  (3) A teacher or school employee upon school grounds or 
14 grounds adjacent to a school or in any part of a building 
15 used for school purposes.
16  (4) A peace officer, community policing volunteer, 
17 fireman, private security officer, correctional 
18 institution employee, or Department of Human Services 
19 employee supervising or controlling sexually dangerous 
20 persons or sexually violent persons:
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  (5) A judge, emergency management worker, emergency 
 
 
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1 medical services personnel, or utility worker:
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  (6) An officer or employee of the State of Illinois, a 
8 unit of local government, or a school district, while 
9 performing his or her official duties.
10  (7) A transit employee performing his or her official 
11 duties, or a transit passenger.
12  (8) A taxi driver on duty.
13  (9) A merchant who detains the person for an alleged 
14 commission of retail theft under Section 16-26 of this Code 
15 and the person without legal justification by any means 
16 causes bodily harm to the merchant.
17  (10) A person authorized to serve process under Section 
18 2-202 of the Code of Civil Procedure or a special process 
19 server appointed by the circuit court while that individual 
20 is in the performance of his or her duties as a process 
21 server.
22  (11) A nurse while in the performance of his or her 
23 duties as a nurse. 
24 (e) Offense based on use of a firearm. A person commits 
25aggravated battery when, in committing a battery, he or she 
26knowingly does any of the following:
 
 
HB4354- 97 -LRB100 16397 SLF 31525 b


1  (1) Discharges a firearm, other than a machine gun or a 
2 firearm equipped with a silencer, and causes any injury to 
3 another person.
4  (2) Discharges a firearm, other than a machine gun or a 
5 firearm equipped with a silencer, and causes any injury to 
6 a person he or she knows to be a peace officer, community 
7 policing volunteer, person summoned by a police officer, 
8 fireman, private security officer, correctional 
9 institution employee, or emergency management worker:
10   (i) performing his or her official duties;
11   (ii) battered to prevent performance of his or her 
12 official duties; or
13   (iii) battered in retaliation for performing his 
14 or her official duties.
15  (3) Discharges a firearm, other than a machine gun or a 
16 firearm equipped with a silencer, and causes any injury to 
17 a person he or she knows to be emergency medical services 
18 personnel:
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  (4) Discharges a firearm and causes any injury to a 
25 person he or she knows to be a teacher, a student in a 
26 school, or a school employee, and the teacher, student, or 
 
 
HB4354- 98 -LRB100 16397 SLF 31525 b


1 employee is upon school grounds or grounds adjacent to a 
2 school or in any part of a building used for school 
3 purposes.
4  (5) Discharges a machine gun or a firearm equipped with 
5 a silencer, and causes any injury to another person.
6  (6) Discharges a machine gun or a firearm equipped with 
7 a silencer, and causes any injury to a person he or she 
8 knows to be a peace officer, community policing volunteer, 
9 person summoned by a police officer, fireman, private 
10 security officer, correctional institution employee or 
11 emergency management worker:
12   (i) performing his or her official duties;
13   (ii) battered to prevent performance of his or her 
14 official duties; or
15   (iii) battered in retaliation for performing his 
16 or her official duties.
17  (7) Discharges a machine gun or a firearm equipped with 
18 a silencer, and causes any injury to a person he or she 
19 knows to be emergency medical services personnel:
20   (i) performing his or her official duties;
21   (ii) battered to prevent performance of his or her 
22 official duties; or
23   (iii) battered in retaliation for performing his 
24 or her official duties.
25  (8) Discharges a machine gun or a firearm equipped with 
26 a silencer, and causes any injury to a person he or she 
 
 
HB4354- 99 -LRB100 16397 SLF 31525 b


1 knows to be a teacher, or a student in a school, or a 
2 school employee, and the teacher, student, or employee is 
3 upon school grounds or grounds adjacent to a school or in 
4 any part of a building used for school purposes. 
5 (f) Offense based on use of a weapon or device. A person 
6commits aggravated battery when, in committing a battery, he or 
7she does any of the following:
8  (1) Uses a deadly weapon other than by discharge of a 
9 firearm, or uses an air rifle as defined in Section 
10 24.8-0.1 of this Code.
11  (2) Wears a hood, robe, or mask to conceal his or her 
12 identity.
13  (3) Knowingly and without lawful justification shines 
14 or flashes a laser gunsight or other laser device attached 
15 to a firearm, or used in concert with a firearm, so that 
16 the laser beam strikes upon or against the person of 
17 another.
18  (4) Knowingly video or audio records the offense with 
19 the intent to disseminate the recording. 
20 (g) Offense based on certain conduct. A person commits 
21aggravated battery when, other than by discharge of a firearm, 
22he or she does any of the following:
23  (1) Violates Section 401 of the Illinois Controlled 
24 Substances Act by unlawfully delivering a controlled 
25 substance to another and any user experiences great bodily 
26 harm or permanent disability as a result of the injection, 
 
 
HB4354- 100 -LRB100 16397 SLF 31525 b


1 inhalation, or ingestion of any amount of the controlled 
2 substance.
3  (2) Knowingly administers to an individual or causes 
4 him or her to take, without his or her consent or by threat 
5 or deception, and for other than medical purposes, any 
6 intoxicating, poisonous, stupefying, narcotic, anesthetic, 
7 or controlled substance, or gives to another person any 
8 food containing any substance or object intended to cause 
9 physical injury if eaten.
10  (3) Knowingly causes or attempts to cause a 
11 correctional institution employee or Department of Human 
12 Services employee to come into contact with blood, seminal 
13 fluid, urine, or feces by throwing, tossing, or expelling 
14 the fluid or material, and the person is an inmate of a 
15 penal institution or is a sexually dangerous person or 
16 sexually violent person in the custody of the Department of 
17 Human Services.
18 (h) Sentence. Unless otherwise provided, aggravated 
19battery is a Class 3 felony.
20 Aggravated battery as defined in subdivision (a)(4), 
21(d)(4), or (g)(3) is a Class 2 felony.
22 Aggravated battery as defined in subdivision (a)(3) or 
23(g)(1) is a Class 1 felony.
24 Aggravated battery as defined in subdivision (a)(1) is a 
25Class 1 felony when the aggravated battery was intentional and 
26involved the infliction of torture, as defined in paragraph 
 
 
HB4354- 101 -LRB100 16397 SLF 31525 b


1(14) of subsection (b) of Section 9-1 of this Code, as the 
2infliction of or subjection to extreme physical pain, motivated 
3by an intent to increase or prolong the pain, suffering, or 
4agony of the victim. 
5 Aggravated battery under subdivision (a)(5) is a
Class 1 
6felony if:
7  (A) the person used or attempted to use a dangerous

8 instrument while committing the offense; or
9  (B) the person caused great bodily harm or
permanent 
10 disability or disfigurement to the other
person while 
11 committing the offense; or
12  (C) the person has been previously convicted of a

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

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

15 state. 
16 Aggravated battery as defined in subdivision (e)(1) is a 
17Class X felony.
18 Aggravated battery as defined in subdivision (a)(2) is a 
19Class X felony for which a person shall be sentenced to a term 
20of imprisonment of a minimum of 6 years and a maximum of 45 
21years.
22 Aggravated battery as defined in subdivision (e)(5) is a 
23Class X felony for which a person shall be sentenced to a term 
24of imprisonment of a minimum of 12 years and a maximum of 45 
25years.
26 Aggravated battery as defined in subdivision (e)(2), 
 
 
HB4354- 102 -LRB100 16397 SLF 31525 b


1(e)(3), or (e)(4) is a Class X felony for which a person shall 
2be sentenced to a term of imprisonment of a minimum of 15 years 
3and a maximum of 60 years.
4 Aggravated battery as defined in subdivision (e)(6), 
5(e)(7), or (e)(8) is a Class X felony for which a person shall 
6be sentenced to a term of imprisonment of a minimum of 20 years 
7and a maximum of 60 years.
8 Aggravated battery as defined in subdivision (b)(1) is a 
9Class X felony, except that:
10  (1) if the person committed the offense while armed 
11 with a firearm, 15 years shall be added to the term of 
12 imprisonment imposed by the court;
13  (2) if, during the commission of the offense, the 
14 person personally discharged a firearm, 20 years shall be 
15 added to the term of imprisonment imposed by the court;
16  (3) if, during the commission of the offense, the 
17 person personally discharged a firearm that proximately 
18 caused great bodily harm, permanent disability, permanent 
19 disfigurement, or death to another person, 25 years or up 
20 to a term of natural life shall be added to the term of 
21 imprisonment imposed by the court.
22 (i) Definitions. For the purposes of this Section:
23 "Building or other structure used to provide shelter" has 
24the meaning ascribed to "shelter" in Section 1 of the Domestic 
25Violence Shelters Act.
26 "Domestic violence" has the meaning ascribed to it in 
 
 
HB4354- 103 -LRB100 16397 SLF 31525 b


1Section 103 of the Illinois Domestic Violence Act of 1986.
2 "Domestic violence shelter" means any building or other 
3structure used to provide shelter or other services to victims 
4or to the dependent children of victims of domestic violence 
5pursuant to the Illinois Domestic Violence Act of 1986 or the 
6Domestic Violence Shelters Act, or any place within 500 feet of 
7such a building or other structure in the case of a person who 
8is going to or from such a building or other structure.
9 "Firearm" has the meaning provided under Section 2-7.5 of 
10this Code 1.1
of the Firearm Owners Identification Card Act, 
11and does
not include an air rifle as defined by Section 
1224.8-0.1 of this Code. 
13 "Machine gun" has the meaning ascribed to it in Section 
1424-1 of this Code.
15 "Merchant" has the meaning ascribed to it in Section 16-0.1 
16of this Code. 
17 "Strangle" means
intentionally impeding the normal 
18breathing or circulation of the blood of an individual by 
19applying pressure on the throat
or neck of that individual or 
20by blocking the nose or mouth of
that individual. 

21(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, 
22eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)


23 (720 ILCS 5/16-0.1)
24 Sec. 16-0.1. Definitions. In this Article, unless the 
25context clearly requires otherwise, the following terms are 
 
 
HB4354- 104 -LRB100 16397 SLF 31525 b


1defined as indicated:
2 "Access" means to use, instruct, communicate with, store 
3data in, retrieve or intercept data from, or otherwise utilize 
4any services of a computer.
5 "Coin-operated machine" includes any automatic vending 
6machine or any part thereof, parking meter, coin telephone, 
7coin-operated transit turnstile, transit fare box, coin 
8laundry machine, coin dry cleaning machine, amusement machine, 
9music machine, vending machine dispensing goods or services, or 
10money changer.
11 "Communication device" means any type of instrument, 
12device, machine, or equipment which is capable of transmitting, 
13acquiring, decrypting, or receiving any telephonic, 
14electronic, data, Internet access, audio, video, microwave, or 
15radio transmissions, signals, communications, or services, 
16including the receipt, acquisition, transmission, or 
17decryption of all such communications, transmissions, signals, 
18or services provided by or through any cable television, fiber 
19optic, telephone, satellite, microwave, radio, Internet-based, 
20data transmission, or wireless distribution network, system or 
21facility; or any part, accessory, or component thereof, 
22including any computer circuit, security module, smart card, 
23software, computer chip, electronic mechanism or other 
24component, accessory or part of any communication device which 
25is capable of facilitating the transmission, decryption, 
26acquisition or reception of all such communications, 
 
 
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1transmissions, signals, or services.
2 "Communication service" means any service lawfully 
3provided for a charge or compensation to facilitate the lawful 
4origination, transmission, emission, or reception of signs, 
5signals, data, writings, images, and sounds or intelligence of 
6any nature by telephone, including cellular telephones or a 
7wire, wireless, radio, electromagnetic, photo-electronic or 
8photo-optical system; and also any service lawfully provided by 
9any radio, telephone, cable television, fiber optic, 
10satellite, microwave, Internet-based or wireless distribution 
11network, system, facility or technology, including, but not 
12limited to, any and all electronic, data, video, audio, 
13Internet access, telephonic, microwave and radio 
14communications, transmissions, signals and services, and any 
15such communications, transmissions, signals and services 
16lawfully provided directly or indirectly by or through any of 
17those networks, systems, facilities or technologies.
18 "Communication service provider" means: (1) any person or 
19entity providing any communication service, whether directly 
20or indirectly, as a reseller, including, but not limited to, a 
21cellular, paging or other wireless communications company or 
22other person or entity which, for a fee, supplies the facility, 
23cell site, mobile telephone switching office or other equipment 
24or communication service; (2) any person or entity owning or 
25operating any cable television, fiber optic, satellite, 
26telephone, wireless, microwave, radio, data transmission or 
 
 
HB4354- 106 -LRB100 16397 SLF 31525 b


1Internet-based distribution network, system or facility; and 
2(3) any person or entity providing any communication service 
3directly or indirectly by or through any such distribution 
4system, network or facility.
5 "Computer" means a device that accepts, processes, stores, 
6retrieves or outputs data, and includes but is not limited to 
7auxiliary storage and telecommunications devices connected to 
8computers.
9 "Continuing
course of conduct" means a series of acts, and 
10the accompanying
mental state necessary for the crime in 
11question, irrespective
of whether the series of acts are 
12continuous or intermittent. 
13 "Delivery container" means any bakery basket of wire or 
14plastic used to transport or store bread or bakery products, 
15any dairy case of wire or plastic used to transport or store 
16dairy products, and any dolly or cart of 2 or 4 wheels used to 
17transport or store any bakery or dairy product.
18 "Document-making implement" means any implement, 
19impression, template, computer file, computer disc, electronic 
20device, computer hardware, computer software, instrument, or 
21device that is used to make a real or fictitious or fraudulent 
22personal identification document.
23 "Financial transaction device" means any of the following:
24  (1) An electronic funds transfer card.
25  (2) A credit card.
26  (3) A debit card.
 
 
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1  (4) A point-of-sale card.
2  (5) Any instrument, device, card, plate, code, account 
3 number, personal identification number, or a record or copy 
4 of a code, account number, or personal identification 
5 number or other means of access to a credit account or 
6 deposit account, or a driver's license or State 
7 identification card used to access a proprietary account, 
8 other than access originated solely by a paper instrument, 
9 that can be used alone or in conjunction with another 
10 access device, for any of the following purposes:
11   (A) Obtaining money, cash refund or credit 
12 account, credit, goods, services, or any other thing of 
13 value.
14   (B) Certifying or guaranteeing to a person or 
15 business the availability to the device holder of funds 
16 on deposit to honor a draft or check payable to the 
17 order of that person or business.
18   (C) Providing the device holder access to a deposit 
19 account for the purpose of making deposits, 
20 withdrawing funds, transferring funds between deposit 
21 accounts, obtaining information pertaining to a 
22 deposit account, or making an electronic funds 
23 transfer.
24 "Full retail value" means the merchant's stated or 
25advertised price of the merchandise. "Full
retail value" 
26includes the aggregate value of property obtained
from retail 
 
 
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1thefts committed by the same person as part of a
continuing 
2course of conduct from one or more mercantile
establishments in 
3a single transaction or in separate
transactions over a period 
4of one year.
5 "Internet" means an interactive computer service or system 
6or an information service, system, or access software provider 
7that provides or enables computer access by multiple users to a 
8computer server, and includes, but is not limited to, an 
9information service, system, or access software provider that 
10provides access to a network system commonly known as the 
11Internet, or any comparable system or service and also 
12includes, but is not limited to, a World Wide Web page, 
13newsgroup, message board, mailing list, or chat area on any 
14interactive computer service or system or other online service.
15 "Library card" means a card or plate issued by a library 
16facility for purposes of identifying the person to whom the 
17library card was issued as authorized to borrow library 
18material, subject to all limitations and conditions imposed on 
19the borrowing by the library facility issuing such card.
20 "Library facility" includes any public library or museum, 
21or any library or museum of an educational, historical or 
22eleemosynary institution, organization or society.
23 "Library material" includes any book, plate, picture, 
24photograph, engraving, painting, sculpture, statue, artifact, 
25drawing, map, newspaper, pamphlet, broadside, magazine, 
26manuscript, document, letter, microfilm, sound recording, 
 
 
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1audiovisual material, magnetic or other tape, electronic data 
2processing record or other documentary, written or printed 
3material regardless of physical form or characteristics, or any 
4part thereof, belonging to, or on loan to or otherwise in the 
5custody of a library facility.
6 "Manufacture or assembly of an unlawful access device" 
7means to make, produce or assemble an unlawful access device or 
8to modify, alter, program or re-program any instrument, device, 
9machine, equipment or software so that it is capable of 
10defeating or circumventing any technology, device or software 
11used by the provider, owner or licensee of a communication 
12service or of any data, audio or video programs or 
13transmissions to protect any such communication, data, audio or 
14video services, programs or transmissions from unauthorized 
15access, acquisition, disclosure, receipt, decryption, 
16communication, transmission or re-transmission.
17 "Manufacture or assembly of an unlawful communication 
18device" means to make, produce or assemble an unlawful 
19communication or wireless device or to modify, alter, program 
20or reprogram a communication or wireless device to be capable 
21of acquiring, disrupting, receiving, transmitting, decrypting, 
22or facilitating the acquisition, disruption, receipt, 
23transmission or decryption of, a communication service without 
24the express consent or express authorization of the 
25communication service provider, or to knowingly assist others 
26in those activities.
 
 
HB4354- 110 -LRB100 16397 SLF 31525 b


1 "Master sound recording" means the original physical 
2object on which a given set of sounds were first recorded and 
3which the original object from which all subsequent sound 
4recordings embodying the same set of sounds are directly or 
5indirectly derived.
6 "Merchandise" means any item of tangible personal 
7property, including motor fuel.
8 "Merchant" means an owner or operator of any retail 
9mercantile establishment or any agent, employee, lessee, 
10consignee, officer, director, franchisee, or independent 
11contractor of the owner or operator. "Merchant" also means a 
12person who receives from an authorized user of a payment card, 
13or someone the person believes to be an authorized user, a 
14payment card or information from a payment card, or what the 
15person believes to be a payment card or information from a 
16payment card, as the instrument for obtaining, purchasing or 
17receiving goods, services, money, or anything else of value 
18from the person.
19 "Motor fuel" means a liquid, regardless of its properties, 
20used to propel a vehicle, including gasoline and diesel.
21 "Online" means the use of any electronic or wireless device 
22to access the Internet.
23 "Payment card" means a credit card, charge card, debit 
24card, or any other card that is issued to an authorized card 
25user and that allows the user to obtain, purchase, or receive 
26goods, services, money, or anything else of value from a 
 
 
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1merchant.
2 "Person with a disability" means a person who
suffers from 
3a physical or mental impairment resulting from
disease, injury, 
4functional disorder or congenital condition that impairs the

5individual's mental or physical ability to independently 
6manage his or her
property or financial resources, or both. 
7 "Personal identification document" means a birth 
8certificate, a driver's license, a State identification card, a 
9public, government, or private employment identification card, 
10a social security card, a license issued under the Firearm 
11Concealed Carry Act firearm owner's identification card, a 
12credit card, a debit card, or a passport issued to or on behalf 
13of a person other than the offender, or any document made or 
14issued, or falsely purported to have been made or issued, by or 
15under the authority of the United States Government, the State 
16of Illinois, or any other state political subdivision of any 
17state, or any other governmental or quasi-governmental 
18organization that is of a type intended for the purpose of 
19identification of an individual, or any such document made or 
20altered in a manner that it falsely purports to have been made 
21on behalf of or issued to another person or by the authority of 
22one who did not give that authority.
23 "Personal identifying information" means any of the 
24following information:
25  (1) A person's name.
26  (2) A person's address.
 
 
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1  (3) A person's date of birth.
2  (4) A person's telephone number.
3  (5) A person's driver's license number or State of 
4 Illinois identification card as assigned by the Secretary 
5 of State of the State of Illinois or a similar agency of 
6 another state.
7  (6) A person's social security number.
8  (7) A person's public, private, or government 
9 employer, place of employment, or employment 
10 identification number.
11  (8) The maiden name of a person's mother.
12  (9) The number assigned to a person's depository 
13 account, savings account, or brokerage account.
14  (10) The number assigned to a person's credit or debit 
15 card, commonly known as a "Visa Card", "MasterCard", 
16 "American Express Card", "Discover Card", or other similar 
17 cards whether issued by a financial institution, 
18 corporation, or business entity.
19  (11) Personal identification numbers.
20  (12) Electronic identification numbers.
21  (13) Digital signals.
22  (14) User names, passwords, and any other word, number, 
23 character or combination of the same usable in whole or 
24 part to access information relating to a specific 
25 individual, or to the actions taken, communications made or 
26 received, or other activities or transactions of a specific 
 
 
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1 individual.
2  (15) Any other numbers or information which can be used 
3 to access a person's financial resources, or to identify a 
4 specific individual, or the actions taken, communications 
5 made or received, or other activities or transactions of a 
6 specific individual.
7 "Premises of a retail mercantile establishment" includes, 
8but is not limited to, the retail mercantile establishment; any 
9common use areas in shopping centers; and all parking areas set 
10aside by a merchant or on behalf of a merchant for the parking 
11of vehicles for the convenience of the patrons of such retail 
12mercantile establishment.
13 "Public water, gas, or power supply, or other public 
14services" mean any service subject to regulation by the 
15Illinois Commerce Commission; any service furnished by a public 
16utility that is owned and operated by any political 
17subdivision, public institution of higher education or 
18municipal corporation of this State; any service furnished by 
19any public utility that is owned by such political subdivision, 
20public institution of higher education, or municipal 
21corporation and operated by any of its lessees or operating 
22agents; any service furnished by an electric cooperative as 
23defined in Section 3.4 of the Electric Supplier Act; or 
24wireless service or other service regulated by the Federal 
25Communications Commission.
26 "Publish" means to communicate or disseminate information 
 
 
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1to any one or more persons, either orally, in person, or by 
2telephone, radio or television or in writing of any kind, 
3including, without limitation, a letter or memorandum, 
4circular or handbill, newspaper or magazine article or book.
5 "Radio frequency identification device" means any 
6implement, computer file, computer disc, electronic device, 
7computer hardware, computer software, or instrument that is 
8used to activate, read, receive, or decode information stored 
9on a RFID tag or transponder attached to a personal 
10identification document. 
11 "RFID tag or transponder" means a chip or device that 
12contains personal identifying information from which the 
13personal identifying information can be read or decoded by 
14another device emitting a radio frequency that activates or 
15powers a radio frequency emission response from the chip or 
16transponder. 
17 "Reencoder" means an electronic device that places encoded 
18information from the magnetic strip or stripe of a payment card 
19onto the magnetic strip or stripe of a different payment card.
20 "Retail mercantile establishment" means any place where 
21merchandise is displayed, held, stored or offered for sale to 
22the public.
23 "Scanning device" means a scanner, reader, or any other 
24electronic device that is used to access, read, scan, obtain, 
25memorize, or store, temporarily or permanently, information 
26encoded on the magnetic strip or stripe of a payment card.
 
 
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1 "Shopping cart" means those push carts of the type or types 
2which are commonly provided by grocery stores, drug stores or 
3other retail mercantile establishments for the use of the 
4public in transporting commodities in stores and markets and, 
5incidentally, from the stores to a place outside the store.
6 "Sound or audio visual recording" means any sound or audio 
7visual phonograph record, disc, pre-recorded tape, film, wire, 
8magnetic tape or other object, device or medium, now known or 
9hereafter invented, by which sounds or images may be reproduced 
10with or without the use of any additional machine, equipment or 
11device.
12 "Theft detection device remover" means any tool or device 
13specifically designed and intended to be used to remove any 
14theft detection device from any merchandise.
15 "Under-ring" means to cause the cash register or other 
16sales recording device to reflect less than the full retail 
17value of the merchandise.
18 "Unidentified sound or audio visual recording" means a 
19sound or audio visual recording without the actual name and 
20full and correct street address of the manufacturer, and the 
21name of the actual performers or groups prominently and legibly 
22printed on the outside cover or jacket and on the label of such 
23sound or audio visual recording.
24 "Unlawful access device" means any type of instrument, 
25device, machine, equipment, technology, or software which is 
26primarily possessed, used, designed, assembled, manufactured, 
 
 
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1sold, distributed or offered, promoted or advertised for the 
2purpose of defeating or circumventing any technology, device or 
3software, or any component or part thereof, used by the 
4provider, owner or licensee of any communication service or of 
5any data, audio or video programs or transmissions to protect 
6any such communication, audio or video services, programs or 
7transmissions from unauthorized access, acquisition, receipt, 
8decryption, disclosure, communication, transmission or 
9re-transmission.
10 "Unlawful communication device" means any electronic 
11serial number, mobile identification number, personal 
12identification number or any communication or wireless device 
13that is capable of acquiring or facilitating the acquisition of 
14a communication service without the express consent or express 
15authorization of the communication service provider, or that 
16has been altered, modified, programmed or reprogrammed, alone 
17or in conjunction with another communication or wireless device 
18or other equipment, to so acquire or facilitate the 
19unauthorized acquisition of a communication service. "Unlawful 
20communication device" also means:
21  (1) any phone altered to obtain service without the 
22 express consent or express authorization of the 
23 communication service provider, tumbler phone, counterfeit 
24 or clone phone, tumbler microchip, counterfeit or clone 
25 microchip, scanning receiver of wireless communication 
26 service or other instrument capable of disguising its 
 
 
HB4354- 117 -LRB100 16397 SLF 31525 b


1 identity or location or of gaining unauthorized access to a 
2 communications or wireless system operated by a 
3 communication service provider; and
4  (2) any communication or wireless device which is 
5 capable of, or has been altered, designed, modified, 
6 programmed or reprogrammed, alone or in conjunction with 
7 another communication or wireless device or devices, so as 
8 to be capable of, facilitating the disruption, 
9 acquisition, receipt, transmission or decryption of a 
10 communication service without the express consent or 
11 express authorization of the communication service 
12 provider, including, but not limited to, any device, 
13 technology, product, service, equipment, computer software 
14 or component or part thereof, primarily distributed, sold, 
15 designed, assembled, manufactured, modified, programmed, 
16 reprogrammed or used for the purpose of providing the 
17 unauthorized receipt of, transmission of, disruption of, 
18 decryption of, access to or acquisition of any 
19 communication service provided by any communication 
20 service provider.
21 "Vehicle" means a motor vehicle, motorcycle, or farm 
22implement that is self-propelled and that uses motor fuel for 
23propulsion.
24 "Wireless device" includes any type of instrument, device, 
25machine, or
equipment that is capable of transmitting or 
26receiving telephonic, electronic
or
radio communications, or 
 
 
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1any part of such instrument, device, machine, or
equipment, or 
2any computer circuit, computer chip, electronic mechanism, or

3other component that is capable of facilitating the 
4transmission or reception
of telephonic, electronic, or radio 
5communications. 

6(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff. 
71-1-12; 97-1109, eff. 1-1-13.)




8 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)



9 Sec. 17-30. Defaced, altered, or removed manufacturer or 
10owner identification number.  
11 (a) Unlawful sale of household appliances. A person commits 
12unlawful
sale of household
appliances when he or she knowingly, 
13with the intent to defraud or deceive
another, keeps for sale, 
14within any commercial
context, any household appliance with a 
15missing, defaced, obliterated, or
otherwise altered 
16manufacturer's identification number.

17 (b) Construction equipment identification defacement. A 
18person commits construction equipment identification 
19defacement when he or she knowingly changes,
alters, removes, 
20mutilates, or
obliterates a permanently affixed serial number, 
21product identification number,
part number, component 
22identification number, owner-applied identification,
or other 
23mark of identification attached to or stamped, inscribed, 
24molded,
or etched into a machine or other equipment, whether 
25stationary or mobile
or self-propelled, or a part of such 
 
 
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1machine or equipment, used in the construction,
maintenance, or 
2demolition of buildings, structures, bridges, tunnels, sewers,

3utility pipes or lines, ditches or open cuts, roads, highways, 
4dams, airports,
or waterways or in material handling for such 
5projects. 
6 The trier of fact may infer that the defendant has 
7knowingly changed, altered, removed, or obliterated the serial 
8number, product identification number, part number, component 
9identification number, owner-applied identification number, or 
10other mark of identification, if the defendant was in 
11possession of any machine or other equipment or a part of such 
12machine
or equipment used in the construction, maintenance, or 
13demolition of buildings,
structures, bridges, tunnels, sewers, 
14utility pipes or lines, ditches or
open cuts, roads, highways, 
15dams, airports, or waterways or in material handling
for such 
16projects upon which any such serial number, product 
17identification
number, part number, component identification 
18number, owner-applied identification
number, or other mark of 
19identification has been changed, altered,
removed, or 
20obliterated. 
21 (c) Defacement of manufacturer's serial number or 
22identification mark. A person commits defacement of a 
23manufacturer's serial number or identification mark when he or 
24she knowingly removes, alters, defaces, covers, or destroys the

25manufacturer's serial number or any other manufacturer's 
26number or
distinguishing identification mark upon any machine 
 
 
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1or other article of
merchandise, other than a motor vehicle as 
2defined in Section 1-146 of the
Illinois Vehicle Code or a 
3firearm as defined in the Firearm Owners Identification Card 
4Act, with the intent of concealing or destroying the
identity 
5of such machine or other article of merchandise. 
6 (d) Sentence.
7  (1) A violation of subsection (a) of this Section is a 
8 Class 4 felony if the value
of the appliance or appliances 
9 exceeds $1,000 and a Class B misdemeanor if
the value of 
10 the appliance or appliances is $1,000 or less.

11  (2) A violation of subsection (b) of this Section is a 
12 Class A misdemeanor.
13  (3) A violation of subsection (c) of this Section is a 
14 Class B misdemeanor. 
15 (e) No liability shall be imposed upon any person for the 
16unintentional
failure to comply with subsection (a).

17 (f) Definitions. In this Section:
18 "Commercial context" means a continuing business 
19enterprise conducted
for profit by any person whose primary 
20business is the wholesale or retail
marketing of household 
21appliances, or a significant portion of whose business
or 
22inventory consists of household appliances
kept or sold on a 
23wholesale or retail basis.
24 "Household appliance" means any gas or electric device or 
25machine
marketed for use as home entertainment or for 
26facilitating or expediting
household tasks or chores. The term 
 
 
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1shall include but not necessarily be
limited to refrigerators, 
2freezers, ranges, radios, television sets, vacuum
cleaners, 
3toasters, dishwashers, and other similar household items.
4 "Manufacturer's identification number" means any serial 
5number or
other similar numerical or alphabetical designation 
6imprinted upon or attached
to or placed, stamped, or otherwise 
7imprinted upon or attached to a household
appliance or item by 
8the manufacturer for purposes of identifying a particular

9appliance or item individually or by lot number. 
10(Source: P.A. 96-1551, eff. 7-1-11.)





11 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)


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

13 (a) A person commits the offense of unlawful use of weapons 
14when
he knowingly:

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

20 blade that opens automatically by hand pressure applied to 
21 a button,
spring or other device in the handle of the 
22 knife, or a ballistic knife,
which is a device that propels 
23 a knifelike blade as a projectile by means
of a coil 
24 spring, elastic material or compressed gas; or

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

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

10 years of age or older; or

11  (4) Carries or possesses in any vehicle or concealed on 
12 or about his
person except when on his land or in his own 
13 abode, legal dwelling, or fixed place of
business, or on 
14 the land or in the legal dwelling of another person as an 
15 invitee with that person's permission, any pistol, 
16 revolver, stun gun or taser or other firearm, except
that

17 this subsection (a) (4) does not apply to or affect 
18 transportation of weapons
that meet one of the following 
19 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
 
 
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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; or 

5  (5) Sets a spring gun; or

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

9  (7) Sells, manufactures, purchases, possesses or 
10 carries:

11   (i) a machine gun, which shall be defined for the 
12 purposes of this
subsection as any weapon,
which 
13 shoots, is designed to shoot, or can be readily 
14 restored to shoot,
automatically more than one shot 
15 without manually reloading by a single
function of the 
16 trigger, including the frame or receiver
of any such 
17 weapon, or sells, manufactures, purchases, possesses, 
18 or
carries any combination of parts designed or 
19 intended for
use in converting any weapon into a 
20 machine gun, or any combination or
parts from which a 
21 machine gun can be assembled if such parts are in the

22 possession or under the control of a person;

23   (ii) any rifle having one or
more barrels less than 
24 16 inches in length or a shotgun having one or more

25 barrels less than 18 inches in length or any weapon 
26 made from a rifle or
shotgun, whether by alteration, 
 
 
HB4354- 124 -LRB100 16397 SLF 31525 b


1 modification, or otherwise, if such a weapon
as 
2 modified has an overall length of less than 26 inches; 
3 or

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

9  (8) Carries or possesses any firearm, stun gun or taser 
10 or other
deadly weapon in any place which is licensed to 
11 sell intoxicating
beverages, or at any public gathering 
12 held pursuant to a license issued
by any governmental body 
13 or any public gathering at which an admission
is charged, 
14 excluding a place where a showing, demonstration or lecture

15 involving the exhibition of unloaded firearms is 
16 conducted.

17  This subsection (a)(8) does not apply to any auction or 
18 raffle of a firearm
held pursuant to
a license or permit 
19 issued by a governmental body, nor does it apply to persons

20 engaged
in firearm safety training courses; or

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

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

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

12   (ii) are not immediately accessible; or

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

18   (iv) are carried or possessed in accordance with 
19 the Firearm Concealed Carry Act by a person who has 
20 been issued a currently valid license under the Firearm 
21 Concealed Carry Act. 
22  A "stun gun or taser", as used in this paragraph (a) 
23 means (i) any device
which is powered by electrical 
24 charging units, such as, batteries, and
which fires one or 
25 several barbs attached to a length of wire and
which, upon 
26 hitting a human, can send out a current capable of 
 
 
HB4354- 126 -LRB100 16397 SLF 31525 b


1 disrupting
the person's nervous system in such a manner as 
2 to render him incapable of
normal functioning or (ii) any 
3 device which is powered by electrical
charging units, such 
4 as batteries, and which, upon contact with a human or

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

8  (11) Sells, manufactures or purchases any explosive 
9 bullet. For purposes
of this paragraph (a) "explosive 
10 bullet" means the projectile portion of
an ammunition 
11 cartridge which contains or carries an explosive charge 
12 which
will explode upon contact with the flesh of a human 
13 or an animal.
"Cartridge" means a tubular metal case having 
14 a projectile affixed at the
front thereof and a cap or 
15 primer at the rear end thereof, with the
propellant 
16 contained in such tube between the projectile and the cap; 
17 or

18  (12) (Blank); or

19  (13) Carries or possesses on or about his or her person 
20 while in a building occupied by a unit of government, a 
21 billy club, other weapon of like character, or other 
22 instrument of like character intended for use as a weapon. 
23 For the purposes of this Section, "billy club" means a 
24 short stick or club commonly carried by police officers 
25 which is either telescopic or constructed of a solid piece 
26 of wood or other man-made material. 
 
 
HB4354- 127 -LRB100 16397 SLF 31525 b


1 (b) Sentence. A person convicted of a violation of 
2subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),

3subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a 
4Class A
misdemeanor.
A person convicted of a violation of 
5subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a 
6person
convicted of a violation of subsection 24-1(a)(6) or 
724-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person 
8convicted of a violation of subsection
24-1(a)(7)(i) commits a 
9Class 2 felony and shall be sentenced to a term of imprisonment 
10of not less than 3 years and not more than 7 years, unless the 
11weapon is possessed in the
passenger compartment of a motor 
12vehicle as defined in Section 1-146 of the
Illinois Vehicle 
13Code, or on the person, while the weapon is loaded, in which

14case it shall be a Class X felony. A person convicted of a

15second or subsequent violation of subsection 24-1(a)(4), 
1624-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 
17felony. The possession of each weapon in violation of this 
18Section constitutes a single and separate violation.

19 (c) Violations in specific places.

20  (1) A person who violates subsection 24-1(a)(6) or 
21 24-1(a)(7) in any
school, regardless of the time of day or 
22 the time of year, in residential
property owned, operated 
23 or managed by a public housing agency or
leased by
a public 
24 housing agency as part of a scattered site or mixed-income

25 development, in a
public park, in a courthouse, on the real 
26 property comprising any school,
regardless of the
time of 
 
 
HB4354- 128 -LRB100 16397 SLF 31525 b


1 day or the time of year, on residential property owned, 
2 operated
or
managed by a public housing agency
or leased by 
3 a public housing agency as part of a scattered site or

4 mixed-income development,
on the real property comprising 
5 any
public park, on the real property comprising any 
6 courthouse, in any conveyance
owned, leased or contracted 
7 by a school to
transport students to or from school or a 
8 school related activity, in any conveyance
owned, leased, 
9 or contracted by a public transportation agency, or on any

10 public way within 1,000 feet of the real property 
11 comprising any school,
public park, courthouse, public 
12 transportation facility, or residential property owned, 
13 operated, or managed
by a public housing agency
or leased 
14 by a public housing agency as part of a scattered site or

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

18  (1.5) A person who violates subsection 24-1(a)(4), 
19 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the 
20 time of day or the time of year,
in residential property 
21 owned, operated, or managed by a public
housing
agency
or 
22 leased by a public housing agency as part of a scattered 
23 site or
mixed-income development,
in
a public
park, in a 
24 courthouse, on the real property comprising any school, 
25 regardless
of the time of day or the time of year, on 
26 residential property owned,
operated, or managed by a 
 
 
HB4354- 129 -LRB100 16397 SLF 31525 b


1 public housing agency
or leased by a public housing agency 
2 as part of a scattered site or
mixed-income development,
on 
3 the real property
comprising any public park, on the real 
4 property comprising any courthouse, in
any conveyance 
5 owned, leased, or contracted by a school to transport 
6 students
to or from school or a school related activity, in 
7 any conveyance
owned, leased, or contracted by a public 
8 transportation agency, or on any public way within
1,000 
9 feet of the real property comprising any school, public 
10 park, courthouse,
public transportation facility, or 
11 residential property owned, operated, or managed by a 
12 public
housing agency
or leased by a public housing agency 
13 as part of a scattered site or
mixed-income development

14 commits a Class 3 felony.

15  (2) A person who violates subsection 24-1(a)(1), 
16 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the 
17 time of day or the time of year, in
residential property 
18 owned, operated or managed by a public housing
agency
or 
19 leased by a public housing agency as part of a scattered 
20 site or
mixed-income development,
in
a public park, in a 
21 courthouse, on the real property comprising any school,

22 regardless of the time of day or the time of year, on 
23 residential property
owned, operated or managed by a public 
24 housing agency
or leased by a public housing agency as part 
25 of a scattered site or
mixed-income development,
on the 
26 real property
comprising any public park, on the real 
 
 
HB4354- 130 -LRB100 16397 SLF 31525 b


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

13 this State for the conduct of official business.

14  (3) Paragraphs (1), (1.5), and (2) of this subsection 
15 (c) shall not
apply to law
enforcement officers or security 
16 officers of such school, college, or
university or to 
17 students carrying or possessing firearms for use in 
18 training
courses, parades, hunting, target shooting on 
19 school ranges, or otherwise with
the consent of school 
20 authorities and which firearms are transported unloaded

21 enclosed in a suitable case, box, or transportation 
22 package.

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

26  (5) For the purposes of this subsection (c), "public 
 
 
HB4354- 131 -LRB100 16397 SLF 31525 b


1 transportation agency" means a public or private agency 
2 that provides for the transportation or conveyance of

3 persons by means available to the general public, except 
4 for transportation
by automobiles not used for conveyance 
5 of the general public as passengers; and "public 
6 transportation facility" means a terminal or other place

7 where one may obtain public transportation.

8 (d) The presence in an automobile other than a public 
9omnibus of any
weapon, instrument or substance referred to in 
10subsection (a)(7) is
prima facie evidence that it is in the 
11possession of, and is being
carried by, all persons occupying 
12such automobile at the time such
weapon, instrument or 
13substance is found, except under the following
circumstances: 
14(i) if such weapon, instrument or instrumentality is
found upon 
15the person of one of the occupants therein; or (ii) if such

16weapon, instrument or substance is found in an automobile 
17operated for
hire by a duly licensed driver in the due, lawful 
18and proper pursuit of
his trade, then such presumption shall 
19not apply to the driver.

20 (e) Exemptions.
21  (1) Crossbows, Common or Compound bows and Underwater

22 Spearguns are exempted from the definition of ballistic 
23 knife as defined in
paragraph (1) of subsection (a) of this 
24 Section.
25  (2) The provision of paragraph (1) of subsection (a) of 
26 this Section prohibiting the sale, manufacture, purchase, 
 
 
HB4354- 132 -LRB100 16397 SLF 31525 b


1 possession, or carrying of any knife, commonly referred to 
2 as a switchblade knife, which has a
blade that opens 
3 automatically by hand pressure applied to a button,
spring 
4 or other device in the handle of the knife, does not apply 
5 to a person who possesses a currently valid Firearm Owner's 
6 Identification Card previously issued in his or her name by 
7 the Department of State Police or to a person or an entity 
8 engaged in the business of selling or manufacturing 
9 switchblade knives. 

10(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)




11 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)


12 Sec. 24-1.1. Unlawful use or possession of weapons by 
13felons or
persons in the custody of the
Department of 
14Corrections facilities.
15 (a) It is unlawful
for a person to knowingly possess on or 
16about his person or on his land or
in his own abode or fixed 
17place of business any weapon prohibited under
Section 24-1 of 
18this Act or any firearm or any firearm ammunition if the
person 
19has been convicted of a felony under the laws of this State or 
20any
other jurisdiction. This Section shall not apply if the 
21person has been
granted relief under this subsection (a) by the 
22Director of the Department of State Police
under Section 10 of 
23the Firearm Owners Identification
Card Act. A person prohibited 
24from possessing a firearm under this subsection (a) may 
25petition the Director of State Police for a hearing and relief 
 
 
HB4354- 133 -LRB100 16397 SLF 31525 b


1from the prohibition, unless the prohibition was based upon a 
2forcible felony, stalking, aggravated stalking, domestic 
3battery, a violation of the Illinois Controlled Substances Act, 
4the Methamphetamine Control and Community Protection Act, or 
5the Cannabis Control Act that is classified as a Class 2 or 
6greater felony, a felony violation of Article 24 of the 
7Criminal Code of 1961 or the Criminal Code of 2012, or an 
8adjudication as a delinquent minor for the commission of an 
9offense that if committed by an adult would be a felony, in 
10which case the person may petition the circuit court in writing 
11in the county of his or her residence for a hearing and relief 
12from the prohibition. The Director or court may grant the 
13relief if it is established by the petitioner to the court's or 
14Director's satisfaction that:

15  (1) when in the circuit court, the State's Attorney has 
16 been served with a written copy of the petition at least 30 
17 days before any hearing in the circuit court and at the 
18 hearing the State's Attorney was afforded an opportunity to 
19 present evidence and object to the petition;
20  (2) the petitioner has not been convicted of a
forcible 
21 felony under the laws of this State or any other 
22 jurisdiction within 20 years of the filing of the petition, 
23 or at least 20 years have passed since the end of any 
24 period of imprisonment imposed in relation to that 
25 conviction;
26  (3) the circumstances regarding a criminal
conviction, 
 
 
HB4354- 134 -LRB100 16397 SLF 31525 b


1 where applicable, the petitioner's criminal history and 
2 his or her reputation are such that the petitioner will not 
3 be likely to act in a manner dangerous to public safety;
4  (4) granting relief would not be contrary to the
public 
5 interest; and
6  (5) granting relief would not be contrary to federal

7 law. 
8 (b) It is unlawful for any person confined in a penal 
9institution,
which is a facility of the Illinois Department of 
10Corrections, to possess
any weapon prohibited under Section 
1124-1 of this Code or any firearm or
firearm ammunition, 
12regardless of the intent with which he possesses it.

13 (c) It shall be an affirmative defense to a violation of 
14subsection (b), that such possession was specifically 
15authorized by rule,
regulation, or directive of the Illinois 
16Department of Corrections or order
issued pursuant thereto.

17 (d) The defense of necessity is not available to a person 
18who is charged
with a violation of subsection (b) of this 
19Section.

20 (e) Sentence. Violation of this Section by a person not 
21confined
in a penal institution shall be a Class 3 felony
for 
22which the person shall be sentenced to no less than 2 years and 
23no
more than 10 years. A second or subsequent violation of this 
24Section shall be a Class 2 felony for which the person shall be 
25sentenced to a term of imprisonment of not less than 3 years 
26and not more than 14 years, except as provided for in Section 
 
 
HB4354- 135 -LRB100 16397 SLF 31525 b


15-4.5-110 of the Unified Code of Corrections. Violation of this 
2Section by a person not confined in a
penal institution who has 
3been convicted of a forcible felony, a felony
violation of 
4Article 24 of this Code or of the Firearm Owners Identification

5Card Act, stalking or aggravated stalking, or a Class 2 or 
6greater felony
under the Illinois Controlled Substances Act, 
7the Cannabis Control Act, or the Methamphetamine Control and 
8Community Protection Act is a
Class 2 felony for which the 
9person
shall be sentenced to not less than 3 years and not more 
10than 14 years, except as provided for in Section 5-4.5-110 of 
11the Unified Code of Corrections.
Violation of this Section by a 
12person who is on parole or mandatory supervised
release is a 
13Class 2 felony for which the person shall be sentenced to not 
14less than 3 years and not more than 14
years, except as 
15provided for in Section 5-4.5-110 of the Unified Code of 
16Corrections. Violation of this Section by a person not confined 
17in a penal
institution is a Class X felony when the firearm 
18possessed is a machine gun.
Any person who violates this 
19Section while confined in a penal
institution, which is a 
20facility of the Illinois Department of
Corrections, is guilty 
21of a Class 1
felony, if he possesses any weapon prohibited 
22under Section 24-1 of this
Code regardless of the intent with 
23which he possesses it, a Class X
felony if he possesses any 
24firearm, firearm ammunition or explosive, and a
Class X felony 
25for which the offender shall be sentenced to not less than 12

26years and not more than 50 years when the firearm possessed is 
 
 
HB4354- 136 -LRB100 16397 SLF 31525 b


1a machine
gun. A violation of this Section while wearing or in 
2possession of body armor as defined in Section 33F-1 is a Class 
3X felony punishable by a term of imprisonment of not less than 
410 years and not more than 40 years.
The possession of each 
5firearm or firearm ammunition in violation of this Section 
6constitutes a single and separate violation.

7(Source: P.A. 100-3, eff. 1-1-18.)


8 (720 ILCS 5/24-1.6)
9 Sec. 24-1.6. Aggravated unlawful use of a weapon. 
10 (a) A person commits the offense of aggravated unlawful use 
11of a weapon when
he or she knowingly:
12  (1) Carries on or about his or her person or in any 
13 vehicle or concealed
on or about his or her person except 
14 when on his or her land or in his or her
abode, legal 
15 dwelling, or fixed place of business, or on the land or in 
16 the legal dwelling of another person as an invitee with 
17 that person's permission, any pistol, revolver, stun gun or 
18 taser or
other firearm; or
19  (2) Carries or possesses on or about his or her person, 
20 upon any public
street, alley, or other public lands within 
21 the corporate limits of a city,
village or incorporated 
22 town, except when an invitee thereon or therein, for
the 
23 purpose of the display of such weapon or the lawful 
24 commerce in weapons, or
except when on his or her own land 
25 or in his or her own abode, legal dwelling, or fixed place 
 
 
HB4354- 137 -LRB100 16397 SLF 31525 b


1 of
business, or on the land or in the legal dwelling of 
2 another person as an invitee with that person's permission, 
3 any pistol, revolver, stun gun or taser or other firearm; 
4 and
5  (3) One of the following factors is present:
6   (A) the firearm, other than a pistol, revolver, or 
7 handgun, possessed was uncased, loaded, and 
8 immediately accessible
at the time of the offense; or
9   (A-5) the pistol, revolver, or handgun possessed 
10 was uncased, loaded, and immediately accessible
at the 
11 time of the offense and the person possessing the 
12 pistol, revolver, or handgun has not been issued a 
13 currently valid license under the Firearm Concealed 
14 Carry Act; or 
15   (B) the firearm, other than a pistol, revolver, or 
16 handgun, possessed was uncased, unloaded, and the 
17 ammunition for
the weapon was immediately accessible 
18 at the time of the offense; or
19   (B-5) the pistol, revolver, or handgun possessed 
20 was uncased, unloaded, and the ammunition for
the 
21 weapon was immediately accessible at the time of the 
22 offense and the person possessing the pistol, 
23 revolver, or handgun has not been issued a currently 
24 valid license under the Firearm Concealed Carry Act; or 
25   (C) (blank); or the person possessing the firearm 
26 has not been issued a currently
valid Firearm Owner's 
 
 
HB4354- 138 -LRB100 16397 SLF 31525 b


1 Identification Card; or
2   (D) the person possessing the weapon was 
3 previously adjudicated
a delinquent minor under the 
4 Juvenile Court Act of 1987 for an act that if
committed 
5 by an adult would be a felony; or
6   (E) the person possessing the weapon was engaged in 
7 a misdemeanor
violation of the Cannabis
Control Act, in 
8 a misdemeanor violation of the Illinois Controlled 
9 Substances
Act, or in a misdemeanor violation of the 
10 Methamphetamine Control and Community Protection Act; 
11 or
12   (F) (blank); or
13   (G) the person possessing the weapon had an order 
14 of protection issued
against him or her within the 
15 previous 2 years; or
16   (H) the person possessing the weapon was engaged in 
17 the commission or
attempted commission of
a 
18 misdemeanor involving the use or threat of violence 
19 against
the person or property of another; or
20   (I) the person possessing the weapon was under 21 
21 years of age and in
possession of a handgun, unless the 
22 person under 21
is engaged in lawful activities under 
23 the Wildlife Code or described in
subsection 
24 24-2(b)(1), (b)(3), or 24-2(f).
25 (a-5) "Handgun" as used in this Section has the meaning 
26given to it in Section 5 of the Firearm Concealed Carry Act. 
 
 
HB4354- 139 -LRB100 16397 SLF 31525 b


1 (b) "Stun gun or taser" as used in this Section has the 
2same definition
given to it in Section 24-1 of this Code.
3 (c) This Section does not apply to or affect the 
4transportation or
possession
of weapons that:
5  (i) are broken down in a non-functioning state; or
6  (ii) are not immediately accessible; or
7  (iii) are unloaded and enclosed in a case, firearm 
8 carrying box,
shipping box, or other container by a person 
9 who is eligible under State and federal law to possess a 
10 firearm has been issued a currently
valid Firearm Owner's

11 Identification Card.
12 (d) Sentence.
13  (1) Aggravated unlawful use of a weapon is a Class 4 
14 felony;
a second or subsequent offense is a Class 2 felony 
15 for which the person shall be sentenced to a term of 
16 imprisonment of not less than 3 years and not more than 7 
17 years, except as provided for in Section 5-4.5-110 of the 
18 Unified Code of Corrections. 
19  (2) (Blank). Except as otherwise provided in 
20 paragraphs (3) and (4) of this subsection (d), a first 
21 offense of aggravated unlawful use of a weapon committed 
22 with a firearm by a person 18 years of age or older where 
23 the factors listed in both items (A) and (C) or both items 
24 (A-5) and (C) of paragraph (3) of subsection (a) are 
25 present is a Class 4 felony, for which the person shall be 
26 sentenced to a term of imprisonment of not less than one 
 
 
HB4354- 140 -LRB100 16397 SLF 31525 b


1 year and not more than 3 years.
2  (3) Aggravated unlawful use of
a weapon by a person who 
3 has been previously
convicted of a felony in this State or 
4 another jurisdiction is a Class 2
felony for which the 
5 person shall be sentenced to a term of imprisonment of not 
6 less than 3 years and not more than 7 years, except as 
7 provided for in Section 5-4.5-110 of the Unified Code of 
8 Corrections. 
9  (4) Aggravated unlawful use of a weapon while wearing 
10 or in possession of body armor as defined in Section 33F-1 
11 by a person who is prohibited under State or federal law 
12 from possessing a firearm has not been issued a valid 
13 Firearms Owner's Identification Card in accordance with 
14 Section 5 of the Firearm Owners Identification Card Act is 
15 a Class X felony.

16 (e) The possession of each firearm in violation of this 
17Section constitutes a single and separate violation.
18(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

19 (720 ILCS 5/24-1.8)
20 Sec. 24-1.8. Unlawful possession of a firearm by a street 
21gang member.
22 (a) A person
commits unlawful possession of a firearm by a 
23street gang member when he or she knowingly:
24  (1) possesses, carries, or conceals on or about his or 
25 her person a firearm and firearm ammunition while on any 
 
 
HB4354- 141 -LRB100 16397 SLF 31525 b


1 street, road, alley, gangway, sidewalk, or any other lands, 
2 except when inside his or her own abode or inside his or 
3 her fixed place of business, and has not been issued a 
4 currently valid Firearm Owner's Identification Card and is 
5 a member of a street gang; or
6  (2) possesses or carries in any vehicle a firearm and 
7 firearm ammunition which are both immediately accessible 
8 at the time of the offense while on any street, road, 
9 alley, or any other lands, except when inside his or her 
10 own abode or garage, and has not been issued a currently 
11 valid Firearm Owner's Identification Card and is a member 
12 of a street gang.
13 (b) Unlawful possession of a firearm by a street gang 
14member is a Class 2 felony for which the person, if sentenced 
15to a term of imprisonment, shall be sentenced to no less than 3 
16years and no more than 10 years. A period of probation, a term 
17of periodic imprisonment or conditional discharge shall not be 
18imposed for the offense of unlawful possession of a firearm by 
19a street gang member when the firearm was loaded or contained 
20firearm ammunition and the court shall sentence the offender to 
21not less than the minimum term of imprisonment authorized for 
22the Class 2 felony.
23 (c) For purposes of this Section:
24  "Street gang" or "gang" has the meaning ascribed to it 
25 in Section 10 of the Illinois Streetgang Terrorism Omnibus 
26 Prevention Act.
 
 
HB4354- 142 -LRB100 16397 SLF 31525 b


1  "Street gang member" or "gang member" has the meaning 
2 ascribed to it in Section 10 of the Illinois Streetgang 
3 Terrorism Omnibus Prevention Act.

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


5 (720 ILCS 5/24-2)



6 Sec. 24-2. Exemptions. 

7 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
824-1(a)(13) and Section
24-1.6 do not apply to
or affect any of 
9the following:

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

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

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

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

22  (4) Special agents employed by a railroad or a public 
23 utility to
perform police functions, and guards of armored 
24 car companies, while
actually engaged in the performance of 
25 the duties of their employment or
commuting between their 
 
 
HB4354- 143 -LRB100 16397 SLF 31525 b


1 homes and places of employment; and watchmen
while actually 
2 engaged in the performance of the duties of their 
3 employment.

4  (5) Persons licensed as private security contractors, 
5 private
detectives, or private alarm contractors, or 
6 employed by a private security contractor, private 
7 detective, or private alarm contractor agency licensed
by 
8 the Department of Financial and Professional Regulation, 
9 if their duties
include the carrying of a weapon under the 
10 provisions of the Private
Detective, Private Alarm,

11 Private Security, Fingerprint Vendor, and Locksmith Act of 
12 2004,
while actually
engaged in the performance of the 
13 duties of their employment or commuting
between their homes 
14 and places of employment. A person shall be considered 
15 eligible for this
exemption if he or she has completed the 
16 required 20
hours of training for a private security 
17 contractor, private
detective, or private alarm 
18 contractor, or employee of a licensed private security 
19 contractor, private detective, or private alarm contractor 
20 agency and 20 hours of required firearm
training, and has 
21 been issued a firearm control card by
the Department of 
22 Financial and Professional Regulation. Conditions for the 
23 renewal of
firearm control cards issued under the 
24 provisions of this Section
shall be the same as for those 
25 cards issued under the provisions of the
Private Detective, 
26 Private Alarm,
Private Security, Fingerprint Vendor, and 
 
 
HB4354- 144 -LRB100 16397 SLF 31525 b


1 Locksmith Act of 2004. The
firearm control card shall be 
2 carried by the private security contractor, private

3 detective, or private alarm contractor, or employee of the 
4 licensed private security contractor, private detective, 
5 or private alarm contractor agency at all
times when he or 
6 she is in possession of a concealable weapon permitted by 
7 his or her firearm control card.

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

23 exemption if he or she has completed the required 20
hours 
24 of training for a security officer and 20 hours of required 
25 firearm
training, and has been issued a firearm control 
26 card by
the Department of Financial and Professional 
 
 
HB4354- 145 -LRB100 16397 SLF 31525 b


1 Regulation. Conditions for the renewal of
firearm control 
2 cards issued under the provisions of this Section
shall be 
3 the same as for those cards issued under the provisions of 
4 the
Private Detective, Private Alarm,
Private Security, 
5 Fingerprint Vendor, and Locksmith Act of 2004. The
firearm 
6 control card shall be carried by the security guard at all

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

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

13 any investigation for the Commission.

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

17 actually engaged in the performance of their duties, 
18 commuting between
their homes and places of employment, or 
19 traveling between sites or
properties owned or operated by 
20 such financial institution, and who, as a security guard, 
21 is a member of a security force registered with the 
22 Department; provided that
any person so employed has 
23 successfully completed a course of study,
approved by and 
24 supervised by the Department of Financial and Professional 
25 Regulation,
consisting of not less than 40 hours of 
26 training which includes theory of
law enforcement, 
 
 
HB4354- 146 -LRB100 16397 SLF 31525 b


1 liability for acts, and the handling of weapons.
A person 
2 shall be considered to be eligible for this exemption if he 
3 or
she has completed the required 20 hours of training for 
4 a security officer
and 20 hours of required firearm 
5 training, and has been issued a
firearm control card by the 
6 Department of Financial and Professional Regulation.

7 Conditions for renewal of firearm control cards issued 
8 under the
provisions of this Section shall be the same as 
9 for those issued under the
provisions of the Private 
10 Detective, Private Alarm,
Private Security, Fingerprint 
11 Vendor, and Locksmith Act of 2004. The
firearm control card 
12 shall be carried by the security guard at all times when he 
13 or she is in possession of a concealable
weapon permitted 
14 by his or her firearm control card. For purposes of this 
15 subsection, "financial institution" means a
bank, savings 
16 and loan association, credit union or company providing

17 armored car services.

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

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

23  (11) Investigators of the Office of the State's 
24 Attorneys Appellate
Prosecutor authorized by the board of 
25 governors of the Office of the
State's Attorneys Appellate 
26 Prosecutor to carry weapons pursuant to
Section 7.06 of the 
 
 
HB4354- 147 -LRB100 16397 SLF 31525 b


1 State's Attorneys Appellate Prosecutor's Act.

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

4  (12.5) Probation officers while in the performance of 
5 their duties, or
while commuting between their homes, 
6 places of employment or specific locations
that are part of 
7 their assigned duties, with the consent of the chief judge 
8 of
the circuit for which they are employed, if they have 
9 received weapons training according
to requirements of the 
10 Peace Officer and Probation Officer Firearm Training Act.

11  (13) Court Security Officers while in the performance 
12 of their official
duties, or while commuting between their 
13 homes and places of employment, with
the
consent of the 
14 Sheriff.

15  (13.5) A person employed as an armed security guard at 
16 a nuclear energy,
storage, weapons or development site or 
17 facility regulated by the Nuclear
Regulatory Commission 
18 who has completed the background screening and training

19 mandated by the rules and regulations of the Nuclear 
20 Regulatory Commission.

21  (14) Manufacture, transportation, or sale of weapons 
22 to
persons
authorized under subdivisions (1) through 
23 (13.5) of this
subsection
to
possess those weapons.

24 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
25to
or affect any person carrying a concealed pistol, revolver, 
26or handgun and the person has been issued a currently valid 
 
 
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1license under the Firearm Concealed Carry Act at the time of 
2the commission of the offense. 
3 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
424-1.6 do not
apply to or affect
any of the following:

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

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

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

14 permit while engaged in hunting,
trapping or fishing.

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

16 non-functioning state or are not immediately accessible.

17  (5) Carrying or possessing any pistol, revolver, stun 
18 gun or taser or other firearm on the land or in the legal 
19 dwelling of another person as an invitee with that person's 
20 permission. 
21 (c) Subsection 24-1(a)(7) does not apply to or affect any 
22of the
following:

23  (1) Peace officers while in performance of their 
24 official duties.

25  (2) Wardens, superintendents and keepers of prisons, 
26 penitentiaries,
jails and other institutions for the 
 
 
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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
duty.

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

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

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

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

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

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

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

18  (7) A person possessing a rifle with a barrel or 
19 barrels less than 16 inches in length if: (A) the person 
20 has been issued a Curios and Relics license from the U.S. 
21 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) 
22 the person is an active member of a bona fide, nationally 
23 recognized military re-enacting group and the modification 
24 is required and necessary to accurately portray the weapon 
25 for historical re-enactment purposes; the re-enactor is in 
26 possession of a valid and current re-enacting group 
 
 
HB4354- 151 -LRB100 16397 SLF 31525 b


1 membership credential; and the overall length of the weapon 
2 as modified is not less than 26 inches.
3 (d) Subsection 24-1(a)(1) does not apply to the purchase, 
4possession
or carrying of a black-jack or slung-shot by a peace 
5officer.

6 (e) Subsection 24-1(a)(8) does not apply to any owner, 
7manager or
authorized employee of any place specified in that 
8subsection nor to any
law enforcement officer.

9 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
10Section 24-1.6
do not apply
to members of any club or 
11organization organized for the purpose of practicing
shooting 
12at targets upon established target ranges, whether public or 
13private,
while using their firearms on those target ranges.

14 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
15to:

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

19  (2) Bonafide collectors of antique or surplus military 
20 ordnance.

21  (3) Laboratories having a department of forensic 
22 ballistics, or
specializing in the development of 
23 ammunition or explosive ordnance.

24  (4) Commerce, preparation, assembly or possession of 
25 explosive
bullets by manufacturers of ammunition licensed 
26 by the federal government,
in connection with the supply of 
 
 
HB4354- 152 -LRB100 16397 SLF 31525 b


1 those organizations and persons exempted
by subdivision 
2 (g)(1) of this Section, or like organizations and persons

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

7 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
8persons licensed
under federal law to manufacture any device or 
9attachment of any kind designed,
used, or intended for use in 
10silencing the report of any firearm, firearms, or
ammunition

11for those firearms equipped with those devices, and actually 
12engaged in the
business of manufacturing those devices, 
13firearms, or ammunition, but only with
respect to
activities 
14that are within the lawful scope of that business, such as the

15manufacture, transportation, or testing of those devices, 
16firearms, or
ammunition. This
exemption does not authorize the 
17general private possession of any device or
attachment of any 
18kind designed, used, or intended for use in silencing the

19report of any firearm, but only such possession and activities 
20as are within
the
lawful scope of a licensed manufacturing 
21business described in this subsection
(g-5). During 
22transportation, these devices shall be detached from any weapon

23or
not immediately accessible.

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

2524-1.6 do not apply to
or affect any parole agent or parole 
26supervisor who meets the qualifications and conditions 
 
 
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1prescribed in Section 3-14-1.5 of the Unified Code of 
2Corrections. 
3 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
4officer while serving as a member of a tactical response team 
5or special operations team. A peace officer may not personally 
6own or apply for ownership of a device or attachment of any 
7kind designed, used, or intended for use in silencing the 
8report of any firearm. These devices shall be owned and 
9maintained by lawfully recognized units of government whose 
10duties include the investigation of criminal acts.
11 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 
1224-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an 
13athlete's possession, transport on official Olympic and 
14Paralympic transit systems established for athletes, or use of 
15competition firearms sanctioned by the International Olympic 
16Committee, the International Paralympic Committee, the 
17International Shooting Sport Federation, or USA Shooting in 
18connection with such athlete's training for and participation 
19in shooting competitions at the 2016 Olympic and Paralympic 
20Games and sanctioned test events leading up to the 2016 Olympic 
21and Paralympic Games. 
22 (h) An information or indictment based upon a violation of 
23any
subsection of this Article need not negative any exemptions 
24contained in
this Article. The defendant shall have the burden 
25of proving such an
exemption.

26 (i) Nothing in this Article shall prohibit, apply to, or 
 
 
HB4354- 154 -LRB100 16397 SLF 31525 b


1affect
the transportation, carrying, or possession, of any 
2pistol or revolver,
stun gun, taser, or other firearm consigned 
3to a common carrier operating
under license of the State of 
4Illinois or the federal government, where
such transportation, 
5carrying, or possession is incident to the lawful

6transportation in which such common carrier is engaged; and 
7nothing in this
Article shall prohibit, apply to, or affect the 
8transportation, carrying,
or possession of any pistol, 
9revolver, stun gun, taser, or other firearm,
not the subject of 
10and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of 
11this Article, which is unloaded and enclosed in a case, firearm

12carrying box, shipping box, or other container, by a person 
13eligible under State and federal law to possess a firearm the 
14possessor of a valid
Firearm Owners Identification Card.

15(Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)



16 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)


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

18 (A) A person commits the offense of unlawful sale or 
19delivery of firearms when he
or she knowingly does any of the 
20following:

21  (a) Sells or gives any firearm of a size which may be 
22 concealed upon the
person to any person under 18 years of 
23 age.

24  (b) Sells or gives any firearm to a person under 21 
25 years of age who has
been convicted of a misdemeanor other 
 
 
HB4354- 155 -LRB100 16397 SLF 31525 b


1 than a traffic offense or adjudged
delinquent.

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

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

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

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

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

26 delivers any rifle, shotgun or other long gun, or a stun 
 
 
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1 gun or taser, incidental to a sale,
without withholding 
2 delivery of such rifle, shotgun or other long gun, or a 
3 stun gun or taser for
at least 24 hours after application 
4 for its purchase has been made.
However,
this paragraph (g) 
5 does not apply to: (1) the sale of a firearm
to a law 
6 enforcement officer if the seller of the firearm knows that 
7 the person to whom he or she is selling the firearm is a 
8 law enforcement officer or the sale of a firearm to a 
9 person who desires to purchase a firearm for
use in 
10 promoting the public interest incident to his or her 
11 employment as a
bank guard, armed truck guard, or other 
12 similar employment; (2) a mail
order sale of a firearm from 
13 a federally licensed firearms dealer to a nonresident of 
14 Illinois under which the firearm
is mailed to a federally 
15 licensed firearms dealer outside the boundaries of 
16 Illinois; (3) the sale
of a firearm to a nonresident of 
17 Illinois while at a firearm showing or display
recognized 
18 by the Illinois Department of State Police; (4) the sale of 
19 a
firearm to a dealer licensed as a federal firearms dealer 
20 under Section 923
of the federal Gun Control Act of 1968 
21 (18 U.S.C. 923); or (5) the transfer or sale of any rifle, 
22 shotgun, or other long gun to a resident registered 
23 competitor or attendee or non-resident registered 
24 competitor or attendee by any dealer licensed as a federal 
25 firearms dealer under Section 923 of the federal Gun 
26 Control Act of 1968 at competitive shooting events held at 
 
 
HB4354- 157 -LRB100 16397 SLF 31525 b


1 the World Shooting Complex sanctioned by a national 
2 governing body. For purposes of transfers or sales under 
3 subparagraph (5) of this paragraph (g), the Department of 
4 Natural Resources shall give notice to the Department of 
5 State Police at least 30 calendar days prior to any 
6 competitive shooting events at the World Shooting Complex 
7 sanctioned by a national governing body. The notification 
8 shall be made on a form prescribed by the Department of 
9 State Police. The sanctioning body shall provide a list of 
10 all registered competitors and attendees at least 24 hours 
11 before the events to the Department of State Police. Any 
12 changes to the list of registered competitors and attendees 
13 shall be forwarded to the Department of State Police as 
14 soon as practicable. The Department of State Police must 
15 destroy the list of registered competitors and attendees no 
16 later than 30 days after the date of the event. Nothing in 
17 this paragraph (g) relieves a federally licensed firearm 
18 dealer from the requirements of conducting a NICS 
19 background check through the Illinois Point of Contact 
20 under 18 U.S.C. 922(t). For purposes of this paragraph (g), 
21 "application" means when the buyer and seller reach an 
22 agreement to purchase a firearm.
For purposes of this 
23 paragraph (g), "national governing body" means a group of 
24 persons who adopt rules and formulate policy on behalf of a 
25 national firearm sporting organization. 

26  (h) While holding any license
as a dealer,
importer, 
 
 
HB4354- 158 -LRB100 16397 SLF 31525 b


1 manufacturer or pawnbroker
under the federal Gun Control 
2 Act of 1968,
manufactures, sells or delivers to any 
3 unlicensed person a handgun having
a barrel, slide, frame 
4 or receiver which is a die casting of zinc alloy or
any 
5 other nonhomogeneous metal which will melt or deform at a 
6 temperature
of less than 800 degrees Fahrenheit. For 
7 purposes of this paragraph, (1)
"firearm" is defined as in 
8 the Firearm Owners Identification Card Act; and (2)

9 "handgun" is defined as a firearm designed to be held
and 
10 fired by the use of a single hand, and includes a 
11 combination of parts from
which such a firearm can be 
12 assembled.

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

17  (j) Sells or gives a firearm while engaged in the 
18 business of selling
firearms at wholesale or retail without 
19 being licensed as a federal firearms
dealer under Section 
20 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). 
21 In this paragraph (j):

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

25 principal objective of livelihood and profit, but does not 
26 include a person who
makes occasional repairs of firearms 
 
 
HB4354- 159 -LRB100 16397 SLF 31525 b


1 or who occasionally fits special barrels,
stocks, or 
2 trigger mechanisms to firearms.

3  "With the principal objective of livelihood and 
4 profit" means that the
intent
underlying the sale or 
5 disposition of firearms is predominantly one of
obtaining 
6 livelihood and pecuniary gain, as opposed to other intents, 
7 such as
improving or liquidating a personal firearms 
8 collection; however, proof of
profit shall not be required 
9 as to a person who engages in the regular and
repetitive 
10 purchase and disposition of firearms for criminal purposes 
11 or
terrorism.

12  (k) (Blank). Sells or transfers ownership of a firearm 
13 to a person who does not display to the seller or 
14 transferor of the firearm either: (1) a currently valid 
15 Firearm Owner's Identification Card that has previously 
16 been issued in the transferee's name by the Department of 
17 State Police under the provisions of the Firearm Owners 
18 Identification Card Act; or (2) a currently valid license 
19 to carry a concealed firearm that has previously been 
20 issued in the transferee's name by the
Department of State 
21 Police under the Firearm Concealed Carry Act. This 
22 paragraph (k) does not apply to the transfer of a firearm 
23 to a person who is exempt from the requirement of 
24 possessing a Firearm Owner's Identification Card under 
25 Section 2 of the Firearm Owners Identification Card Act. 
26 For the purposes of this Section, a currently valid Firearm 
 
 
HB4354- 160 -LRB100 16397 SLF 31525 b


1 Owner's Identification Card means (i) a Firearm Owner's 
2 Identification Card that has not expired or (ii) an 
3 approval number issued in accordance with subsection 
4 (a-10) of subsection 3 or Section 3.1 of the Firearm Owners 
5 Identification Card Act shall be proof that the Firearm 
6 Owner's Identification Card was valid.
7   (1) (Blank). In addition to the other requirements 
8 of this paragraph (k), all persons who are not 
9 federally licensed firearms dealers must also have 
10 complied with subsection (a-10) of Section 3 of the 
11 Firearm Owners Identification Card Act by determining 
12 the validity of a purchaser's Firearm Owner's 
13 Identification Card.
14   (2) (Blank). All sellers or transferors who have 
15 complied with the requirements of subparagraph (1) of 
16 this paragraph (k) shall not be liable for damages in 
17 any civil action arising from the use or misuse by the 
18 transferee of the firearm transferred, except for 
19 willful or wanton misconduct on the part of the seller 
20 or transferor. 
21  (l) Not
being entitled to the possession of a firearm, 
22 delivers the
firearm, knowing it to have been stolen or 
23 converted. It may be inferred that
a person who possesses a 
24 firearm with knowledge that its serial number has
been 
25 removed or altered has knowledge that the firearm is stolen 
26 or converted. 
 
 
HB4354- 161 -LRB100 16397 SLF 31525 b


1 (B) Paragraph (h) of subsection (A) does not include 
2firearms sold within 6
months after enactment of Public
Act 
378-355 (approved August 21, 1973, effective October 1, 1973), 
4nor is any
firearm legally owned or
possessed by any citizen or 
5purchased by any citizen within 6 months after the
enactment of 
6Public Act 78-355 subject
to confiscation or seizure under the 
7provisions of that Public Act. Nothing in
Public Act 78-355 
8shall be construed to prohibit the gift or trade of
any firearm 
9if that firearm was legally held or acquired within 6 months 
10after
the enactment of that Public Act.

11 (C) Sentence.

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

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

18  (3) Any person convicted of unlawful sale or delivery 
19 of firearms in violation of
paragraph (a) of subsection (A) 
20 commits a Class 2 felony.

21  (4) Any person convicted of unlawful sale or delivery 
22 of firearms in violation of
paragraph (a), (b), or (i) of 
23 subsection (A) in any school, on the real
property 
24 comprising a school, within 1,000 feet of the real property 
25 comprising
a school, at a school related activity, or on or 
26 within 1,000 feet of any
conveyance owned, leased, or 
 
 
HB4354- 162 -LRB100 16397 SLF 31525 b


1 contracted by a school or school district to
transport 
2 students to or from school or a school related activity,

3 regardless of the time of day or time of year at which the 
4 offense
was committed, commits a Class 1 felony. Any person 
5 convicted of a second
or subsequent violation of unlawful 
6 sale or delivery of firearms in violation of paragraph
(a), 
7 (b), or (i) of subsection (A) in any school, on the real 
8 property
comprising a school, within 1,000 feet of the real 
9 property comprising a
school, at a school related activity, 
10 or on or within 1,000 feet of any
conveyance owned, leased, 
11 or contracted by a school or school district to
transport 
12 students to or from school or a school related activity,

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

17  (5) Any person convicted of unlawful sale or delivery 
18 of firearms in violation of
paragraph (a) or (i) of 
19 subsection (A) in residential property owned,
operated, or 
20 managed by a public housing agency or leased by a public 
21 housing
agency as part of a scattered site or mixed-income 
22 development, in a public
park, in a
courthouse, on 
23 residential property owned, operated, or managed by a 
24 public
housing agency or leased by a public housing agency 
25 as part of a scattered site
or mixed-income development, on 
26 the real property comprising any public park,
on the real

 
 
HB4354- 163 -LRB100 16397 SLF 31525 b


1 property comprising any courthouse, or on any public way 
2 within 1,000 feet
of the real property comprising any 
3 public park, courthouse, or residential
property owned, 
4 operated, or managed by a public housing agency or leased 
5 by a
public housing agency as part of a scattered site or 
6 mixed-income development
commits a
Class 2 felony.

7  (6) Any person convicted of unlawful sale or delivery 
8 of firearms in violation of
paragraph (j) of subsection (A) 
9 commits a Class A misdemeanor. A second or
subsequent 
10 violation is a Class 4 felony.
11  (7) (Blank). Any person convicted of unlawful sale or 
12 delivery of firearms in violation of paragraph (k) of 
13 subsection (A) commits a Class 4 felony, except that a 
14 violation of subparagraph (1) of paragraph (k) of 
15 subsection (A) shall not be punishable as a crime or petty 
16 offense. A third or subsequent conviction for a violation 
17 of paragraph (k) of subsection (A) is a Class 1 felony.


18  (8) A person 18 years of age or older convicted of 
19 unlawful sale or delivery of firearms in violation of 
20 paragraph (a) or (i) of subsection (A), when the firearm 
21 that was sold or given to another person under 18 years of 
22 age was used in the commission of or attempt to commit a 
23 forcible felony, shall be fined or imprisoned, or both, not 
24 to exceed the maximum provided for the most serious 
25 forcible felony so committed or attempted by the person 
26 under 18 years of age who was sold or given the firearm. 
 
 
HB4354- 164 -LRB100 16397 SLF 31525 b


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

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

9 years if the delivery is of 31 or more firearms at the
same 
10 time or within a 5 year period. 
11 (D) For purposes of this Section:

12 "School" means a public or private elementary or secondary 
13school,
community college, college, or university.

14 "School related activity" means any sporting, social, 
15academic, or
other activity for which students' attendance or 
16participation is sponsored,
organized, or funded in whole or in 
17part by a school or school district.

18 (E) A prosecution for a violation of paragraph (k) of 
19subsection (A) of this Section may be commenced within 6 years 
20after the commission of the offense. A prosecution for a 
21violation of this Section other than paragraph (g) of 
22subsection (A) of this Section may be commenced within 5 years 
23after the commission of the offense defined in the particular 
24paragraph.

25(Source: P.A. 98-508, eff. 8-19-13; 99-29, eff. 7-10-15; 
2699-143, eff. 7-27-15; 99-642, eff. 7-28-16.)




 
 
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1 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)



2 Sec. 24-3.1. Unlawful possession of firearms and firearm 
3ammunition. 

4 (a) A person commits the offense of unlawful possession of 
5firearms
or firearm ammunition when:

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

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

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

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

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

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

9 For purposes of this paragraph "explosive bullet" means the 
10projectile
portion of an ammunition cartridge which contains or 
11carries an explosive
charge which will explode upon contact 
12with the flesh of a human or an animal.
"Cartridge" means a 
13tubular metal case having a projectile affixed at the
front 
14thereof and a cap or primer at the rear end thereof, with the 
15propellant
contained in such tube between the projectile and 
16the cap.

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

25 law. 
26 (b) Sentence.

 
 
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1 Unlawful possession of firearms, other than handguns, and 
2firearm
ammunition is a Class A misdemeanor. Unlawful 
3possession of handguns is a
Class 4 felony. The possession of 
4each firearm or firearm ammunition in violation of this Section 
5constitutes a single and separate violation.


6 (c) Nothing in paragraph (1) of subsection (a) of this 
7Section prohibits
a person under 18 years of age from 
8participating in any lawful recreational
activity with a 
9firearm such as, but not limited to, practice shooting at

10targets upon established public or private target ranges or 
11hunting, trapping,
or fishing in accordance with the Wildlife 
12Code or the Fish and Aquatic Life
Code.

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





14 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)



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

16 (a) A person
commits the offense of unlawful discharge of 
17firearm projectiles when he
or she knowingly
or recklessly uses 
18an armor piercing bullet, dragon's
breath shotgun shell, bolo 
19shell, or flechette
shell
in violation of
this Section.

20 For purposes of this Section:

21 "Armor piercing bullet" means
any handgun bullet or handgun 
22ammunition with projectiles or projectile cores
constructed 
23entirely (excluding the presence of traces of other substances)

24from tungsten alloys, steel, iron, brass, bronze, beryllium 
25copper
or depleted uranium, or fully jacketed bullets larger 
 
 
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1than 22 caliber whose
jacket
has a weight of more than 25% of 
2the total weight of the projectile, and
excluding those handgun

3projectiles whose cores are composed of soft materials such as 
4lead or lead
alloys, zinc or zinc alloys, frangible projectiles 
5designed primarily for
sporting purposes, and any
other 
6projectiles or projectile cores that the U. S. Secretary of the 
7Treasury
finds to be primarily intended to be used for sporting 
8purposes or industrial
purposes or that otherwise does not 
9constitute "armor piercing ammunition" as
that term is defined 
10by federal law.

11 "Dragon's breath shotgun shell" means any shotgun shell 
12that contains
exothermic pyrophoric mesh metal as the 
13projectile and is designed for the
purpose of throwing or 
14spewing a flame or fireball to simulate a flame-thrower.

15 "Bolo shell" means any shell that can be fired in a firearm 
16and expels as
projectiles 2 or more metal balls connected by 
17solid metal wire.

18 "Flechette shell" means any shell that can be fired in a 
19firearm and expels
2 or more pieces of fin-stabilized solid 
20metal wire or 2 or more solid
dart-type
projectiles.

21 (b) A person commits a Class X felony when he or she, 
22knowing that a
firearm,
as defined in Section
1.1 of the 
23Firearm Owners Identification Card
Act, is loaded with an armor

24piercing bullet, dragon's breath shotgun shell, bolo
shell, or 
25flechette
shell,
intentionally or recklessly discharges such 
26firearm and such bullet or
shell strikes
any other person.

 
 
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1 (c) Any person who possesses, concealed on or about his or 
2her person,
an armor
piercing bullet, dragon's breath shotgun 
3shell, bolo
shell, or flechette
shell
and a firearm suitable 
4for the discharge thereof is guilty
of a Class 2 felony.

5 (d) This Section does not apply to or affect any of the 
6following:

7  (1) Peace officers;

8  (2) Wardens, superintendents and keepers of prisons, 
9 penitentiaries, jails
and other institutions for the 
10 detention of persons accused or convicted of an
offense;

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

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


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

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





19 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)



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

21 (a) It shall be unlawful for any person who holds a license 
22to sell at
retail any alcoholic liquor issued by the Illinois 
23Liquor Control
Commission or local liquor control commissioner 
24under the Liquor Control Act
of 1934 or an agent or employee of 
25the licensee to sell or deliver to any
other person a firearm 
 
 
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1in or on the real property of the establishment
where the 
2licensee is licensed to sell alcoholic liquors unless the sale 
3or
delivery of the firearm is otherwise lawful under this 
4Article and under the
Firearm Owners Identification Card Act.

5 (b) Sentence. A violation of subsection (a) of this Section 
6is a
Class 4 felony.

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





8 (720 ILCS 5/24-3.5)


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

10 (a) For purposes of this Section,
"firearms transaction 
11record form" means a form:


12  (1) executed by a transferee
of a firearm stating: (i) 
13 the transferee's name and address (including county
or 
14 similar political subdivision); (ii) whether the 
15 transferee is a citizen of
the United States;
(iii) the 
16 transferee's State of residence; and (iv) the date and 
17 place of
birth, height, weight, and race of the transferee; 
18 and


19  (2) on which the transferee certifies that he or she is 
20 not
prohibited by federal law from transporting or shipping 
21 a firearm
in interstate or foreign commerce or receiving a 
22 firearm that has been shipped
or transported in interstate 
23 or foreign commerce or possessing a firearm in or
affecting 
24 commerce.

25 (b) A person commits the offense of unlawful purchase of a 
 
 
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1firearm who
knowingly purchases or attempts to purchase a

2firearm with the intent to deliver that firearm to another 
3person who
is prohibited by federal or State law from 
4possessing a firearm.

5 (c) A person commits the offense of unlawful purchase of a 
6firearm when he
or she, in purchasing or attempting to purchase 
7a firearm, intentionally
provides false or
misleading 
8information on a United States Department of the Treasury, 
9Bureau of
Alcohol, Tobacco and Firearms firearms transaction 
10record form.

11 (d) Exemption. It is not a violation of subsection (b) of 
12this Section for a
person to make a gift or loan of a firearm to 
13a
person who is not
prohibited by federal or State law from 
14possessing a firearm
if the transfer of the firearm
is made in 
15accordance with Section 3 of the Firearm Owners Identification 
16Card
Act.

17 (e) Sentence.

18  (1) A person who commits the offense of unlawful 
19 purchase of a
firearm:

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

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

25 year period;

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

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

5  (2) In addition to any other penalty that may be 
6 imposed for a violation
of this Section, the court may 
7 sentence a person convicted of a violation of
subsection 
8 (c) of this Section to a fine not to exceed $250,000 for 
9 each
violation.

10 (f) A prosecution for unlawful purchase of a firearm may be 
11commenced within 6 years after the commission of the offense.

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


13 (720 ILCS 5/24-4.1)

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

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

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

13 (720 ILCS 5/24-4.5 new)

14 Sec. 24-4.5. Dial up system.
15 (a) The Department of State Police shall provide
a dial up 
16telephone system or utilize other existing technology which 
17shall be used by any federally licensed
firearm dealer, gun 
18show promoter, or gun show vendor who is to transfer a firearm, 
19stun gun, or taser under the provisions of this
Code. The 
20Department of State Police may utilize existing technology 
21which
allows the caller to be charged a fee not to exceed $2. 
22Fees collected by the Department of
State Police shall be 
23deposited in the State Police Services Fund and used
to provide 
24the service.
25 (b) Upon receiving a request from a federally licensed 
 
 
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1firearm dealer, gun show promoter, or gun show vendor, the

2Department of State Police shall immediately approve, or within 
3the time
period established by Section 24-3 of this Code 
4regarding
the delivery of firearms, stun guns, and tasers 
5notify the inquiring dealer, gun show promoter, or gun show 
6vendor of any objection that
would disqualify the transferee 
7from acquiring or possessing a firearm, stun gun, or taser. In

8conducting the inquiry, the Department of State Police shall 
9initiate and
complete an automated search of its criminal 
10history record information
files and those of the Federal 
11Bureau of Investigation, including the
National Instant 
12Criminal Background Check System, and of the files of
the 
13Department of Human Services relating to mental health and

14developmental disabilities to obtain
any felony conviction or 
15patient hospitalization information which would
disqualify a 
16person from obtaining a firearm.
17 (c) If receipt of a firearm would not violate Section 24-3 
18of this Code or federal law, the Department of State Police 
19shall:

20  (1) assign a unique identification number to the 
21 transfer; and
22  (2) provide the licensee, gun show promoter, or gun 
23 show vendor with the number.
24 (d) Approvals issued by the Department of State Police for 
25the purchase of a firearm are valid for 30 days from the date 
26of issue.

 
 
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1 (e)(1) The Department of State Police shall act as the 
2Illinois Point of Contact
for the National Instant Criminal 
3Background Check System.
4 (2) The Department of State Police and the Department of 
5Human Services shall, in accordance with State and federal law 
6regarding confidentiality, enter into a memorandum of 
7understanding with the Federal Bureau of Investigation for the 
8purpose of implementing the National Instant Criminal 
9Background Check System in the State. The Department of State 
10Police shall report the name, date of birth, and physical 
11description of any person prohibited from possessing a firearm 
12under this Code or 18 U.S.C. 922(g) and (n) to the National 
13Instant Criminal Background Check System Index, Denied Persons 
14Files.
15 (f) The Department of State Police shall adopt rules not 
16inconsistent with this Section to implement this
system.





17 (720 ILCS 5/24-9)



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

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

20for any person to
store or leave, within premises under his or 
21her control, a firearm if
the
person knows or has reason to 
22believe that a minor under the age of 14
years who does not 
23have a Firearm Owners Identification Card is likely to gain

24access to the firearm without the lawful permission
of the 
25person possessing the firearm, minor's parent, guardian, or 
 
 
HB4354- 178 -LRB100 16397 SLF 31525 b


1person having charge of the minor, and
the minor causes death 
2or great bodily harm with the firearm, unless
the firearm is:

3  (1) secured by a device or mechanism, other than the 
4 firearm safety,
designed to render a firearm temporarily 
5 inoperable; or

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

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

10 (b) Sentence. A person who violates this Section is guilty 
11of a Class C
misdemeanor and shall be fined not less than 
12$1,000. A second or subsequent
violation of this Section is a 
13Class A misdemeanor.

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

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

18  (2) to any firearm obtained by a minor under the age of 
19 14 because of
an unlawful entry of the premises by the 
20 minor or another person.

21 (d) (Blank). For the purposes of this Section, "firearm" 
22has the meaning ascribed
to it in Section
1.1 of the Firearm 
23Owners Identification Card Act.

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


25 Section 85. The Methamphetamine Control and Community 
 
 
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1Protection Act is amended by changing Section 10 as follows:

2 (720 ILCS 646/10)

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

6 "Anhydrous ammonia equipment" means all items used to 
7store, hold, contain, handle, transfer, transport, or apply 
8anhydrous ammonia for lawful purposes.

9 "Booby trap" means any device designed to cause physical 
10injury when triggered by an act of a person approaching, 
11entering, or moving through a structure, a vehicle, or any 
12location where methamphetamine has been manufactured, is being 
13manufactured, or is intended to be manufactured.

14 "Deliver" or "delivery" has the meaning provided in 
15subsection (h) of Section 102 of the Illinois Controlled 
16Substances Act.

17 "Director" means the Director of State Police or the 
18Director's designated agents.

19 "Dispose" or "disposal" means to abandon, discharge, 
20release, deposit, inject, dump, spill, leak, or place 
21methamphetamine waste onto or into any land, water, or well of 
22any type so that the waste has the potential to enter the 
23environment, be emitted into the air, or be discharged into the 
24soil or any waters, including groundwater.

25 "Emergency response" means the act of collecting evidence 
 
 
HB4354- 180 -LRB100 16397 SLF 31525 b


1from or securing a methamphetamine laboratory site, 
2methamphetamine waste site or other methamphetamine-related 
3site and cleaning up the site, whether these actions are 
4performed by public entities or private contractors paid by 
5public entities.

6 "Emergency service provider" means a local, State, or 
7federal peace officer, firefighter, emergency medical 
8technician-ambulance, emergency
medical 
9technician-intermediate, emergency medical 
10technician-paramedic, ambulance driver, or other medical or 
11first aid personnel rendering aid, or any agent or designee of 
12the foregoing.

13 "Finished methamphetamine" means methamphetamine in a form 
14commonly used for personal consumption.
15 "Firearm" has the meaning provided in Section 2-7.5 of the 
16Criminal Code of 2012 1.1 of the Firearm Owners Identification 
17Card Act.

18 "Manufacture" means to produce, prepare, compound, 
19convert, process, synthesize, concentrate, purify, separate, 
20extract, or package any methamphetamine, methamphetamine 
21precursor, methamphetamine manufacturing catalyst, 
22methamphetamine manufacturing reagent, methamphetamine 
23manufacturing solvent, or any substance containing any of the 
24foregoing.

25 "Methamphetamine" means the chemical methamphetamine (a 
26Schedule II controlled substance under the Illinois Controlled 
 
 
HB4354- 181 -LRB100 16397 SLF 31525 b


1Substances Act) or any salt, optical isomer, salt of optical 
2isomer, or analog thereof, with the exception of 
33,4-Methylenedioxymethamphetamine (MDMA) or any other 
4scheduled substance with a separate listing under the Illinois 
5Controlled Substances Act.
6 "Methamphetamine manufacturing catalyst" means any 
7substance that has been used, is being used, or is intended to 
8be used to activate, accelerate, extend, or improve a chemical 
9reaction involved in the manufacture of methamphetamine.

10 "Methamphetamine manufacturing environment" means a 
11structure or vehicle in which:

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

13  (2) chemicals that are being used, have been used, or 
14 are intended to be used to manufacture methamphetamine are 
15 stored;

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

18  (4) methamphetamine manufacturing waste is stored.

19 "Methamphetamine manufacturing material" means any 
20methamphetamine precursor, substance containing any 
21methamphetamine precursor, methamphetamine manufacturing 
22catalyst, substance containing any methamphetamine 
23manufacturing catalyst, methamphetamine manufacturing reagent, 
24substance containing any methamphetamine manufacturing 
25reagent, methamphetamine manufacturing solvent, substance 
26containing any methamphetamine manufacturing solvent, or any 
 
 
HB4354- 182 -LRB100 16397 SLF 31525 b


1other chemical, substance, ingredient, equipment, apparatus, 
2or item that is being used, has been used, or is intended to be 
3used in the manufacture of methamphetamine.

4 "Methamphetamine manufacturing reagent" means any 
5substance other than a methamphetamine manufacturing catalyst 
6that has been used, is being used, or is intended to be used to 
7react with and chemically alter any methamphetamine precursor.
8 "Methamphetamine manufacturing solvent" means any 
9substance that has been used, is being used, or is intended to 
10be used as a medium in which any methamphetamine precursor, 
11methamphetamine manufacturing catalyst, methamphetamine 
12manufacturing reagent, or any substance containing any of the 
13foregoing is dissolved, diluted, or washed during any part of 
14the methamphetamine manufacturing process.

15 "Methamphetamine manufacturing waste" means any chemical, 
16substance, ingredient, equipment, apparatus, or item that is 
17left over from, results from, or is produced by the process of 
18manufacturing methamphetamine, other than finished 
19methamphetamine.

20 "Methamphetamine precursor" means ephedrine, 
21pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, 
22phenylacetone, phenyl-2-propanone, P2P, or any salt, optical 
23isomer, or salt of an optical isomer of any of these chemicals.

24 "Multi-unit dwelling" means a unified structure used or 
25intended for use as a habitation, home, or residence that 
26contains 2 or more condominiums, apartments, hotel rooms, motel 
 
 
HB4354- 183 -LRB100 16397 SLF 31525 b


1rooms, or other living units.

2 "Package" means an item marked for retail sale that is not 
3designed to be further broken down or subdivided for the 
4purpose of retail sale.

5 "Participate" or "participation" in the manufacture of 
6methamphetamine means to produce, prepare, compound, convert, 
7process, synthesize, concentrate, purify, separate, extract, 
8or package any methamphetamine, methamphetamine precursor, 
9methamphetamine manufacturing catalyst, methamphetamine 
10manufacturing reagent, methamphetamine manufacturing solvent, 
11or any substance containing any of the foregoing, or to assist 
12in any of these actions, or to attempt to take any of these 
13actions, regardless of whether this action or these actions 
14result in the production of finished methamphetamine.

15 "Person with a disability" means a person who suffers from 
16a permanent physical or mental impairment resulting from 
17disease, injury, functional disorder, or congenital condition 
18which renders the person incapable of adequately providing for 
19his or her own health and personal care.

20 "Procure" means to purchase, steal, gather, or otherwise 
21obtain, by legal or illegal means, or to cause another to take 
22such action.

23 "Second or subsequent offense" means an offense under this 
24Act committed by an offender who previously committed an 
25offense under this Act, the Illinois Controlled Substances Act, 
26the Cannabis Control Act, or another Act of this State, another 
 
 
HB4354- 184 -LRB100 16397 SLF 31525 b


1state, or the United States relating to methamphetamine, 
2cannabis, or any other controlled substance.

3 "Standard dosage form", as used in relation to any 
4methamphetamine precursor, means that the methamphetamine 
5precursor is contained in a pill, tablet, capsule, caplet, gel 
6cap, or liquid cap that has been manufactured by a lawful 
7entity and contains a standard quantity of methamphetamine 
8precursor.

9 "Unauthorized container", as used in relation to anhydrous 
10ammonia, means any container that is not designed for the 
11specific and sole purpose of holding, storing, transporting, or 
12applying anhydrous ammonia. "Unauthorized container" includes, 
13but is not limited to, any propane tank, fire extinguisher, 
14oxygen cylinder, gasoline can, food or beverage cooler, or 
15compressed gas cylinder used in dispensing fountain drinks. 
16"Unauthorized container" does not encompass anhydrous ammonia 
17manufacturing plants, refrigeration systems
where anhydrous 
18ammonia is used solely as a refrigerant, anhydrous ammonia 
19transportation pipelines, anhydrous ammonia tankers, or 
20anhydrous ammonia barges.


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

22 Section 90. The Code of Criminal Procedure of 1963 is 
23amended by changing Sections 110-10, 112A-11.1, 112A-11.2, and 
24112A-14 as follows:




 
 
HB4354- 185 -LRB100 16397 SLF 31525 b


1 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)



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

3 (a) If a person is released prior to conviction, either 
4upon payment of
bail security or on his or her own 
5recognizance, the conditions of the bail
bond shall be that he 
6or she will:

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

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

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

13  (4) Not violate any criminal statute of any 
14 jurisdiction;

15  (5) At a time and place designated by the court, 
16 surrender all firearms
in his or her possession to a law 
17 enforcement officer designated by the court
to take custody 
18 of and impound the firearms
and physically
surrender his or 
19 her Firearm Owner's Identification Card to the clerk of the

20 circuit court
when the offense the person has
been charged 
21 with is a forcible felony, stalking, aggravated stalking, 
22 domestic
battery, any violation of the Illinois Controlled 
23 Substances Act, the Methamphetamine Control and Community 
24 Protection Act, or the
Cannabis Control Act that is 
25 classified as a Class 2 or greater felony, or any
felony 
26 violation of Article 24 of the Criminal Code of 1961 or the 
 
 
HB4354- 186 -LRB100 16397 SLF 31525 b


1 Criminal Code of 2012; the court
may,
however, forgo the 
2 imposition of this condition when the
circumstances of the

3 case clearly do not warrant it or when its imposition would 
4 be
impractical;
if the Firearm Owner's Identification Card 
5 is confiscated, the clerk of the circuit court shall mail 
6 the confiscated card to the Illinois State Police; all 
7 legally possessed firearms shall be returned to the person 
8 upon
the charges being dismissed, or if the person is found 
9 not guilty, unless the
finding of not guilty is by reason 
10 of insanity; and

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

19 property comprising any school.

20 Psychological evaluations ordered pursuant to this Section 
21shall be completed
promptly
and made available to the State, 
22the defendant, and the court. As a further
condition of bail 
23under
these circumstances, the court shall order the defendant 
24to refrain from
entering upon the
property of the school, 
25including any conveyance owned, leased, or contracted
by a 
26school to
transport students to or from school or a 
 
 
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1school-related activity, or on any public way within
1,000 feet 
2of real property comprising any school. Upon receipt of the 
3psychological evaluation,
either the State or the defendant may 
4request a change in the conditions of bail, pursuant to
Section 
5110-6 of this Code. The court may change the conditions of bail 
6to include a
requirement that the defendant follow the 
7recommendations of the psychological evaluation,
including 
8undergoing psychiatric treatment. The conclusions of the

9psychological evaluation and
any statements elicited from the 
10defendant during its administration are not
admissible as 
11evidence
of guilt during the course of any trial on the charged 
12offense, unless the
defendant places his or her
mental 
13competency in issue.

14 (b) The court may impose other conditions, such as the 
15following, if the
court finds that such conditions are 
16reasonably necessary to assure the
defendant's appearance in 
17court, protect the public from the defendant, or
prevent the 
18defendant's unlawful interference with the orderly 
19administration
of justice:

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

22  (2) Refrain from possessing a firearm or other 
23 dangerous weapon;

24  (3) Refrain from approaching or communicating with 
25 particular persons or
classes of persons;

26  (4) Refrain from going to certain described 
 
 
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1 geographical areas or
premises;

2  (5) Refrain from engaging in certain activities or 
3 indulging in
intoxicating liquors or in certain drugs;

4  (6) Undergo treatment for drug addiction or 
5 alcoholism;

6  (7) Undergo medical or psychiatric treatment;

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

9  (9) Attend or reside in a facility designated by the 
10 court;

11  (10) Support his or her dependents;

12  (11) If a minor resides with his or her parents or in a 
13 foster home,
attend school, attend a non-residential 
14 program for youths, and contribute
to his or her own 
15 support at home or in a foster home;

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

17  (13) Remain in the custody of such designated person or 
18 organization
agreeing to supervise his release. Such third 
19 party custodian shall be
responsible for notifying the 
20 court if the defendant fails to observe the
conditions of 
21 release which the custodian has agreed to monitor, and 
22 shall
be subject to contempt of court for failure so to 
23 notify the court;

24  (14) Be placed under direct supervision of the Pretrial 
25 Services
Agency, Probation Department or Court Services 
26 Department in a pretrial
bond home supervision capacity 
 
 
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1 with or without the use of an approved
electronic 
2 monitoring device subject to Article 8A of Chapter V of the

3 Unified Code of Corrections;

4  (14.1) The court shall impose upon a defendant who is 
5 charged with any
alcohol, cannabis, methamphetamine, or 
6 controlled substance violation and is placed under
direct 
7 supervision of the Pretrial Services Agency, Probation 
8 Department or
Court Services Department in a pretrial bond 
9 home supervision capacity with
the use of an approved 
10 monitoring device, as a condition of such bail bond,
a fee 
11 that represents costs incidental to the electronic 
12 monitoring for each
day of such bail supervision ordered by 
13 the
court, unless after determining the inability of the 
14 defendant to pay the
fee, the court assesses a lesser fee 
15 or no fee as the case may be. The fee
shall be collected by 
16 the clerk of the circuit court, except as provided in an 
17 administrative order of the Chief Judge of the circuit 
18 court. The clerk of the
circuit court shall pay all monies 
19 collected from this fee to the county
treasurer for deposit 
20 in the substance abuse services fund under Section
5-1086.1 
21 of the Counties Code, 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 
 
 
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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  (14.2) The court shall impose upon all defendants, 
12 including those
defendants subject to paragraph (14.1) 
13 above, placed under direct supervision
of the Pretrial 
14 Services Agency, Probation Department or Court Services

15 Department in a pretrial bond home supervision capacity 
16 with the use of an
approved monitoring device, as a 
17 condition of such bail bond, a fee
which shall represent 
18 costs incidental to such
electronic monitoring for each day 
19 of such bail supervision ordered by the
court, unless after 
20 determining the inability of the defendant to pay the fee,

21 the court assesses a lesser fee or no fee as the case may 
22 be. The fee shall be
collected by the clerk of the circuit 
23 court, except as provided in an administrative order of the 
24 Chief Judge of the circuit court. The clerk of the circuit 
25 court
shall pay all monies collected from this fee to the 
26 county treasurer who shall
use the monies collected to 
 
 
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1 defray the costs of corrections. The county
treasurer shall 
2 deposit the fee collected in the county working cash fund 
3 under
Section 6-27001 or Section 6-29002 of the Counties 
4 Code, as the case may
be, except as provided in an 
5 administrative order of the Chief Judge of the circuit 
6 court.
7  The Chief Judge of the circuit court of the county may 
8 by administrative order establish a program for electronic 
9 monitoring of offenders with regard to drug-related and 
10 alcohol-related offenses, in which a vendor supplies and 
11 monitors the operation of the electronic monitoring 
12 device, and collects the fees on behalf of the county. The 
13 program shall include provisions for indigent offenders 
14 and the collection of unpaid fees. The program shall not 
15 unduly burden the offender and shall be subject to review 
16 by the Chief Judge.
17  The Chief Judge of the circuit court may suspend any 
18 additional charges or fees for late payment, interest, or 
19 damage to any device;

20  (14.3) The Chief Judge of the Judicial Circuit may 
21 establish reasonable
fees to be paid by a person receiving 
22 pretrial services while under supervision
of a pretrial 
23 services agency, probation department, or court services

24 department. Reasonable fees may be charged for pretrial 
25 services
including, but not limited to, pretrial 
26 supervision, diversion programs,
electronic monitoring, 
 
 
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1 victim impact services, drug and alcohol testing, DNA 
2 testing, GPS electronic monitoring, assessments and 
3 evaluations related to domestic violence and other 
4 victims, and
victim mediation services. The person 
5 receiving pretrial services may be
ordered to pay all costs 
6 incidental to pretrial services in accordance with his
or 
7 her ability to pay those costs;

8  (14.4) For persons charged with violating Section 
9 11-501 of the Illinois
Vehicle Code, refrain from operating 
10 a motor vehicle not equipped with an
ignition interlock 
11 device, as defined in Section 1-129.1 of the Illinois

12 Vehicle Code,
pursuant to the rules promulgated by the 
13 Secretary of State for the
installation of ignition

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

18 defendant's employment;

19  (15) Comply with the terms and conditions of an order 
20 of protection
issued by the court under the Illinois 
21 Domestic Violence Act of 1986 or an
order of protection 
22 issued by the court of another state, tribe, or United

23 States territory;

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

26  (17) Such other reasonable conditions as the court may 
 
 
HB4354- 193 -LRB100 16397 SLF 31525 b


1 impose.

2 (c) When a person is charged with an offense under Section 
311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

412-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the 
5Criminal Code of 2012, involving a victim who is a
minor under 
618 years of age living in the same household with the defendant

7at the time of the offense, in granting bail or releasing the 
8defendant on
his own recognizance, the judge shall impose 
9conditions to restrict the
defendant's access to the victim 
10which may include, but are not limited to
conditions that he 
11will:

12  1. Vacate the household.

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

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

16 (d) When a person is charged with a criminal offense and 
17the victim is
a family or household member as defined in 
18Article 112A, conditions shall
be imposed at the time of the 
19defendant's release on bond that restrict the
defendant's 
20access to the victim.
Unless provided otherwise by the court, 
21the
restrictions shall include
requirements that the defendant 
22do the following:

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

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

3 (e) Local law enforcement agencies shall develop 
4standardized bond forms
for use in cases involving family or 
5household members as defined in
Article 112A, including 
6specific conditions of bond as provided in
subsection (d). 
7Failure of any law enforcement department to develop or use

8those forms shall in no way limit the applicability and 
9enforcement of
subsections (d) and (f).

10 (f) If the defendant is admitted to bail after conviction 
11the
conditions of the bail bond shall be that he will, in 
12addition to the
conditions set forth in subsections (a) and (b) 
13hereof:

14  (1) Duly prosecute his appeal;

15  (2) Appear at such time and place as the court may 
16 direct;

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

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

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

23 (g) Upon a finding of guilty for any felony offense, the 
24defendant shall
physically surrender, at a time and place 
25designated by the court,
any and all firearms in his or her 
26possession and his or her Firearm Owner's
Identification Card 
 
 
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1as a condition of remaining on bond pending sentencing.

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


3 (725 ILCS 5/112A-11.1)
4 Sec. 112A-11.1. Procedure for determining whether certain 
5misdemeanor crimes
are crimes of domestic violence for purposes 
6of federal
law.
7 (a) When a defendant has been charged with a violation of 
8Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the 
9Criminal Code of 1961 or the Criminal Code of 2012, the State 
10may, at arraignment or no later than 45 days after arraignment, 
11for the purpose of notification to the Department of State 
12Police Firearm Owner's Identification Card Office, serve on the 
13defendant and file with the court a notice alleging that 
14conviction of the offense would subject the defendant to the 
15prohibitions of 18 U.S.C. 922(g)(9) because of the relationship 
16between the defendant and the alleged victim and the nature of 
17the alleged offense.
18 (b) The notice shall include the name of the person alleged 
19to be the victim of the crime and shall specify the nature of 
20the alleged relationship as set forth in 18 U.S.C. 
21921(a)(33)(A)(ii). It shall also specify the element of the 
22charged offense which requires the use or attempted use of 
23physical force, or the threatened use of a deadly weapon, as 
24set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include 
25notice that the defendant is entitled to a hearing on the 
 
 
HB4354- 196 -LRB100 16397 SLF 31525 b


1allegation contained in the notice and that if the allegation 
2is sustained, that determination and conviction shall be 
3reported to the Department of State Police Firearm Owner's 
4Identification Card Office.
5 (c) After having been notified as provided in subsection 
6(b) of this Section, the defendant may stipulate or admit, 
7orally on the record or in writing, that conviction of the 
8offense would subject the defendant to the prohibitions of 18 
9U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. 
10922(g)(9) shall be deemed established for purposes of Section 
11112A-11.2. If the defendant denies the applicability of 18 
12U.S.C. 922(g)(9) as alleged in the notice served by the State, 
13or stands mute with respect to that allegation, then the State 
14shall bear the burden to prove beyond a reasonable doubt that 
15the offense is one to which the prohibitions of 18 U.S.C. 
16922(g)(9) apply. The court may consider reliable hearsay 
17evidence submitted by either party provided that it is relevant 
18to the determination of the allegation. Facts previously proven 
19at trial or elicited at the time of entry of a plea of guilty 
20shall be deemed established beyond a reasonable doubt and shall 
21not be relitigated. At the conclusion of the hearing, or upon a 
22stipulation or admission, as applicable, the court shall make a 
23specific written determination with respect to the allegation.

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

25 (725 ILCS 5/112A-11.2)
 
 
HB4354- 197 -LRB100 16397 SLF 31525 b


1 Sec. 112A-11.2. Notification to the Department of State 
2Police Firearm Owner's Identification Card Office of

3determinations in certain misdemeanor cases. Upon judgment of 
4conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, 
512-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal 
6Code of 2012 when the defendant has been determined, under 
7Section 112A-11.1, to be subject to the prohibitions of 18 
8U.S.C. 922(g)(9), the circuit court clerk shall include 
9notification and a copy of the written determination in a 
10report of the conviction to the Department of State Police 
11Firearm Owner's Identification Card Office to enable the office 
12to report that determination to the Federal Bureau of 
13Investigation and assist the Bureau in identifying persons 
14prohibited from purchasing and possessing a firearm pursuant to 
15the provisions of 18 U.S.C. 922.

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



17 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)


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

19 (a) (Blank).

20 (b) The court may order any of the remedies listed in this 
21subsection.
The remedies listed in this subsection shall be in 
22addition to other civil
or criminal remedies available to 
23petitioner.

24  (1) Prohibition of abuse. Prohibit respondent's 
25 harassment,
interference with personal liberty, 
 
 
HB4354- 198 -LRB100 16397 SLF 31525 b


1 intimidation of a dependent, physical
abuse or willful 
2 deprivation, as defined in this Article, if such abuse has

3 occurred or otherwise appears likely to occur if not 
4 prohibited.

5  (2) Grant of exclusive possession of residence. 
6 Prohibit respondent
from entering or remaining in any 
7 residence, household, or premises of the petitioner,

8 including one owned or leased by respondent, if petitioner 
9 has a right
to occupancy thereof. The grant of exclusive 
10 possession of the residence, household, or premises
shall 
11 not affect title to real property, nor shall the court be 
12 limited by
the standard set forth in Section 701 of the 
13 Illinois Marriage and
Dissolution of Marriage Act.

14   (A) Right to occupancy. A party has a right to 
15 occupancy of a
residence or household if it is
solely 
16 or jointly owned or leased by that party, that party's 
17 spouse, a
person with a legal duty to support that 
18 party or a minor child in that
party's care, or by any 
19 person or entity other than the opposing party that

20 authorizes that party's occupancy (e.g., a domestic 
21 violence shelter).
Standards set forth in subparagraph 
22 (B) shall not preclude equitable relief.

23   (B) Presumption of hardships. If petitioner and 
24 respondent
each has the right to occupancy of a 
25 residence or household, the court
shall balance (i) the 
26 hardships to respondent and any minor child or

 
 
HB4354- 199 -LRB100 16397 SLF 31525 b


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

4 petitioner's care resulting from continued exposure to 
5 the risk of abuse (should
petitioner remain at the 
6 residence or household) or from loss of possession
of 
7 the residence or household (should petitioner leave to 
8 avoid the risk
of abuse). When determining the balance 
9 of hardships, the court shall also
take into account 
10 the accessibility of the residence or household.

11 Hardships need not be balanced if respondent does not 
12 have a right to occupancy.

13   The balance of hardships is presumed to favor 
14 possession by
petitioner unless the presumption is 
15 rebutted by a preponderance of the
evidence, showing 
16 that the hardships to respondent substantially 
17 outweigh
the hardships to petitioner and any minor 
18 child or dependent adult in petitioner's
care. The 
19 court, on the request of petitioner or on its own 
20 motion,
may order respondent to provide suitable, 
21 accessible, alternate housing
for petitioner instead 
22 of
excluding respondent from a mutual residence or 
23 household.

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

26 protected by the order of protection, or prohibit 
 
 
HB4354- 200 -LRB100 16397 SLF 31525 b


1 respondent from entering
or remaining present at 
2 petitioner's school, place of employment, or other

3 specified places at times when petitioner is present, or 
4 both, if
reasonable, given
the balance of hardships. 
5 Hardships need not be balanced for the court
to enter a 
6 stay away order or prohibit entry
if respondent has no 
7 right to enter the premises.

8   (A) If an order of protection grants petitioner 
9 exclusive possession
of the residence, or prohibits 
10 respondent from entering the residence,
or orders 
11 respondent to stay away from petitioner or other

12 protected persons, then the court may allow respondent 
13 access to the
residence to remove items of clothing and 
14 personal adornment
used exclusively by respondent, 
15 medications, and other items as the court directs.
The 
16 right to access shall be exercised on only one occasion 
17 as the court directs
and in the presence of an 
18 agreed-upon adult third party or law enforcement 
19 officer.

20   (B) When the petitioner and the respondent attend 
21 the same public, private, or non-public elementary, 
22 middle, or high school, the court when issuing an order 
23 of protection and providing relief shall consider the 
24 severity of the act, any continuing physical danger or 
25 emotional distress to the petitioner, the educational 
26 rights guaranteed to the petitioner and respondent 
 
 
HB4354- 201 -LRB100 16397 SLF 31525 b


1 under federal and State law, the availability of a 
2 transfer of the respondent to another school, a change 
3 of placement or a change of program of the respondent, 
4 the expense, difficulty, and educational disruption 
5 that would be caused by a transfer of the respondent to 
6 another school, and any other relevant facts of the 
7 case. The court may order that the respondent not 
8 attend the public, private, or non-public elementary, 
9 middle, or high school attended by the petitioner, 
10 order that the respondent accept a change of placement 
11 or change of program, as determined by the school 
12 district or private or non-public school, or place 
13 restrictions on the respondent's movements within the 
14 school attended by the petitioner. The respondent 
15 bears the burden of proving by a preponderance of the 
16 evidence that a transfer, change of placement, or 
17 change of program of the respondent is not available. 
18 The respondent also bears the burden of production with 
19 respect to the expense, difficulty, and educational 
20 disruption that would be caused by a transfer of the 
21 respondent to another school. A transfer, change of 
22 placement, or change of program is not unavailable to 
23 the respondent solely on the ground that the respondent 
24 does not agree with the school district's or private or 
25 non-public school's transfer, change of placement, or 
26 change of program or solely on the ground that the 
 
 
HB4354- 202 -LRB100 16397 SLF 31525 b


1 respondent fails or refuses to consent or otherwise 
2 does not take an action required to effectuate a 
3 transfer, change of placement, or change of program. 
4 When a court orders a respondent to stay away from the 
5 public, private, or non-public school attended by the 
6 petitioner and the respondent requests a transfer to 
7 another attendance center within the respondent's 
8 school district or private or non-public school, the 
9 school district or private or non-public school shall 
10 have sole discretion to determine the attendance 
11 center to which the respondent is transferred. If the 
12 court order results in a transfer of the minor 
13 respondent to another attendance center, a change in 
14 the respondent's placement, or a change of the 
15 respondent's program, the parents, guardian, or legal 
16 custodian of the respondent is responsible for 
17 transportation and other costs associated with the 
18 transfer or change.
19   (C) The court may order the parents, guardian, or 
20 legal custodian of a minor respondent to take certain 
21 actions or to refrain from taking certain actions to 
22 ensure that the respondent complies with the order. If 
23 the court orders a transfer of the respondent to 
24 another school, the parents, guardian, or legal 
25 custodian of the respondent is responsible for 
26 transportation and other costs associated with the 
 
 
HB4354- 203 -LRB100 16397 SLF 31525 b


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

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

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

24  If the respondent is charged with abuse
(as defined in 
25 Section 112A-3) of a minor child, there shall be a

26 rebuttable presumption that awarding physical care to 
 
 
HB4354- 204 -LRB100 16397 SLF 31525 b


1 respondent would not
be in the minor child's best interest.

2  (6) Temporary legal custody.
Award temporary legal 
3 custody to petitioner in accordance with this Section,
the 
4 Illinois Marriage
and Dissolution of Marriage Act, the 
5 Illinois Parentage Act of 2015,
and this State's Uniform 
6 Child-Custody
Jurisdiction and Enforcement Act. 

7  If the respondent
is charged with abuse (as defined in 
8 Section 112A-3) of a
minor child, there shall be a 
9 rebuttable presumption that awarding
temporary legal 
10 custody to respondent would not be in the
child's best 
11 interest.

12  (7) Visitation. Determine the
visitation rights, if 
13 any, of respondent in any case in which the court
awards 
14 physical care or temporary legal custody of a minor child 
15 to
petitioner. The court shall restrict or deny 
16 respondent's visitation with
a minor child if
the court 
17 finds that respondent has done or is likely to do any of 
18 the
following: (i) abuse or endanger the minor child during 
19 visitation; (ii) use the
visitation as an opportunity to 
20 abuse or harass petitioner or
petitioner's family or 
21 household members; (iii) improperly conceal or
detain the 
22 minor child; or (iv) otherwise act in a manner that is not 
23 in
the best interests of the minor child. The court shall 
24 not be limited by the
standards set forth in Section 607.1 
25 of the Illinois Marriage and
Dissolution of Marriage Act. 
26 If the court grants visitation, the order
shall specify 
 
 
HB4354- 205 -LRB100 16397 SLF 31525 b


1 dates and times for the visitation to take place or other

2 specific parameters or conditions that are appropriate. No 
3 order for
visitation shall refer merely to the term 
4 "reasonable visitation".

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

9 petitioner or petitioner's minor children or is behaving in 
10 a violent or abusive manner.

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

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

20  (8) Removal or concealment of minor child.
Prohibit 
21 respondent from
removing a minor child from the State or 
22 concealing the child within the
State.

23  (9) Order to appear. Order the respondent to
appear in 
24 court, alone
or with a minor child, to prevent abuse, 
25 neglect, removal or concealment of
the child, to return the 
26 child to the custody or care of the petitioner or
to permit 
 
 
HB4354- 206 -LRB100 16397 SLF 31525 b


1 any court-ordered interview or examination of the child or 
2 the
respondent.

3  (10) Possession of personal property. Grant petitioner 
4 exclusive
possession of personal property and, if 
5 respondent has possession or
control, direct respondent to 
6 promptly make it available to petitioner, if:

7   (i) petitioner, but not respondent, owns the 
8 property; or

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

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

20  No order under this provision shall affect title to 
21 property.

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

26   (i) petitioner, but not respondent, owns the 
 
 
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1 property; or

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

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

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

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

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

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

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

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

2   (ii) Recovery of expenses. In the case of an 
3 improper concealment
or removal of a minor child, the 
4 court may order respondent to pay the reasonable

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

8 investigator fees, and travel costs.

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

14  (14.5) Prohibition of firearm possession. 
15   (A) A person who is subject to an existing order of 
16 protection, issued under this Code may not lawfully 
17 possess firearms, stun guns, or tasers weapons under 
18 Section 8.2 of the Firearm Owners Identification Card 
19 Act.
20   (B) Any firearms in the
possession of the 
21 respondent, except as provided in subparagraph (C) of 
22 this paragraph (14.5), shall be ordered by the court to 
23 be turned
over to a person who is not prohibited under 
24 State or federal law from possessing firearms with a 
25 valid Firearm Owner's Identification Card for 
26 safekeeping. The court shall issue an order that the 
 
 
HB4354- 210 -LRB100 16397 SLF 31525 b


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

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

19   (D) Upon expiration of the period of safekeeping, 
20 if the firearms or Firearm Owner's Identification Card 
21 cannot be returned to respondent because respondent 
22 cannot be located, fails to respond to requests to 
23 retrieve the firearms, or is not lawfully eligible to 
24 possess a firearm, upon petition from the local law 
25 enforcement agency, the court may order the local law 
26 enforcement agency to destroy the firearms, use the 
 
 
HB4354- 211 -LRB100 16397 SLF 31525 b


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

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

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

21  (17) Order for injunctive relief. Enter injunctive 
22 relief necessary
or appropriate to prevent further abuse of 
23 a family or household member or
to effectuate one of the 
24 granted remedies, if supported by the balance of
hardships. 
25 If the harm to be prevented by the injunction is abuse or 
26 any
other harm that one of the remedies listed in 
 
 
HB4354- 212 -LRB100 16397 SLF 31525 b


1 paragraphs (1) through (16)
of this subsection is designed 
2 to prevent, no further evidence is necessary
to establish 
3 that the harm is an irreparable injury.

4  (18) Telephone services.
5   (A) Unless a condition described in subparagraph 
6 (B) of this paragraph exists, the court may, upon 
7 request by the petitioner, order a wireless telephone 
8 service provider to transfer to the petitioner the 
9 right to continue to use a telephone number or numbers 
10 indicated by the petitioner and the financial 
11 responsibility associated with the number or numbers, 
12 as set forth in subparagraph (C) of this paragraph. For 
13 purposes of this paragraph (18), the term "wireless 
14 telephone service provider" means a provider of 
15 commercial mobile service as defined in 47 U.S.C. 332. 
16 The petitioner may request the transfer of each 
17 telephone number that the petitioner, or a minor child 
18 in his or her custody, uses. The clerk of the court 
19 shall serve the order on the wireless telephone service 
20 provider's agent for service of process provided to the 
21 Illinois Commerce Commission. The order shall contain 
22 all of the following: 
23    (i) The name and billing telephone number of 
24 the account holder including the name of the 
25 wireless telephone service provider that serves 
26 the account.
 
 
HB4354- 213 -LRB100 16397 SLF 31525 b


1    (ii) Each telephone number that will be 
2 transferred.
3    (iii) A statement that the provider transfers 
4 to the petitioner all financial responsibility for 
5 and right to the use of any telephone number 
6 transferred under this paragraph.
7   (B) A wireless telephone service provider shall 
8 terminate the respondent's use of, and shall transfer 
9 to the petitioner use of, the telephone number or 
10 numbers indicated in subparagraph (A) of this 
11 paragraph unless it notifies the petitioner, within 72 
12 hours after it receives the order, that one of the 
13 following applies:
14    (i) The account holder named in the order has 
15 terminated the account.
16    (ii) A difference in network technology would 
17 prevent or impair the functionality of a device on 
18 a network if the transfer occurs.
19    (iii) The transfer would cause a geographic or 
20 other limitation on network or service provision 
21 to the petitioner.
22    (iv) Another technological or operational 
23 issue would prevent or impair the use of the 
24 telephone number if the transfer occurs.
25   (C) The petitioner assumes all financial 
26 responsibility for and right to the use of any 
 
 
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1 telephone number transferred under this paragraph. In 
2 this paragraph, "financial responsibility" includes 
3 monthly service costs and costs associated with any 
4 mobile device associated with the number.
5   (D) A wireless telephone service provider may 
6 apply to the petitioner its routine and customary 
7 requirements for establishing an account or 
8 transferring a number, including requiring the 
9 petitioner to provide proof of identification, 
10 financial information, and customer preferences.

11   (E) Except for willful or wanton misconduct, a 
12 wireless telephone service provider is immune from 
13 civil liability for its actions taken in compliance 
14 with a court order issued under this paragraph.
15   (F) All wireless service providers that provide 
16 services to residential customers shall provide to the 
17 Illinois Commerce Commission the name and address of an 
18 agent for service of orders entered under this 
19 paragraph (18). Any change in status of the registered 
20 agent must be reported to the Illinois Commerce 
21 Commission within 30 days of such change. 
22   (G) The Illinois Commerce Commission shall 
23 maintain the list of registered agents for service for 
24 each wireless telephone service provider on the 
25 Commission's website. The Commission may consult with 
26 wireless telephone service providers and the Circuit 
 
 
HB4354- 215 -LRB100 16397 SLF 31525 b


1 Court Clerks on the manner in which this information is 
2 provided and displayed. 
3 (c) Relevant factors; findings.

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

7 following:

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

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

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

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

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

2 dependent adult in the party's care;

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

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

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

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

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

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

20  (4) (Blank).

21  (5) Never married parties. No rights or 
22 responsibilities for a minor
child born outside of marriage 
23 attach to a putative father until a father and
child 
24 relationship has been established under the Illinois 
25 Parentage Act of
1984 or under the Illinois Parentage Act 
26 of 2015 on and after the effective date of that Act. Absent 
 
 
HB4354- 217 -LRB100 16397 SLF 31525 b


1 such an adjudication, no putative father shall be granted

2 temporary custody of the minor child, visitation with the 
3 minor child, or
physical care
and possession of the minor 
4 child, nor shall
an order of payment for support of the 
5 minor child be entered.

6 (d) Balance of hardships; findings. If the court finds that 
7the balance
of hardships does not support the granting of a 
8remedy governed by
paragraph (2), (3), (10), (11), or (16) of

9subsection (b) of this Section,
which may require such 
10balancing, the court's findings shall so
indicate and shall 
11include a finding as to whether granting the remedy will
result 
12in hardship to respondent that would substantially outweigh the 
13hardship
to petitioner
from denial of the remedy. The findings 
14shall be an official record or in
writing.

15 (e) Denial of remedies. Denial of any remedy shall not be 
16based, in
whole or in part, on evidence that:

17  (1) Respondent has cause for any use of force, unless 
18 that cause
satisfies the standards for justifiable use of 
19 force provided by Article
7 of the Criminal Code of 2012;

20  (2) Respondent was voluntarily intoxicated;

21  (3) Petitioner acted in self-defense or defense of 
22 another, provided
that, if petitioner utilized force, such 
23 force was justifiable under
Article 7 of the Criminal Code 
24 of 2012; 

25  (4) Petitioner did not act in self-defense or defense 
26 of another;

 
 
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1  (5) Petitioner left the residence or household to avoid 
2 further abuse
by respondent;

3  (6) Petitioner did not leave the residence or household 
4 to avoid further
abuse by respondent;

5  (7) Conduct by any family or household member excused 
6 the abuse by
respondent, unless that same conduct would 
7 have excused such abuse if the
parties had not been family 
8 or household members.

9(Source: P.A. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18; 
10100-388, eff. 1-1-18; revised 10-10-17.)


11 Section 95. The Unified Code of Corrections is amended by 
12changing Sections 5-5-3, 5-5-3.2, and 5-6-3 as follows:


13 (730 ILCS 5/5-5-3) (from Ch. 38, par. 1005-5-3)

 
14 Sec. 5-5-3. Disposition. 

15 (a) (Blank).

16 (b) (Blank). 

17 (c) (1) (Blank).

18 (2) A period of probation, a term of periodic imprisonment 
19or
conditional discharge shall not be imposed for the following 
20offenses.
The court shall sentence the offender to not less 
21than the minimum term
of imprisonment set forth in this Code 
22for the following offenses, and
may order a fine or restitution 
23or both in conjunction with such term of
imprisonment:

24  (A) First degree murder where the death penalty is not 
 
 
HB4354- 219 -LRB100 16397 SLF 31525 b


1 imposed.

2  (B) Attempted first degree murder.

3  (C) A Class X felony.

4  (D) A violation of Section 401.1 or 407 of the
Illinois 
5 Controlled Substances Act, or a violation of subdivision 
6 (c)(1.5) of
Section 401 of that Act which relates to more 
7 than 5 grams of a substance
containing fentanyl or an 
8 analog thereof.

9  (D-5) A violation of subdivision (c)(1) of
Section 401 
10 of the Illinois Controlled Substances Act which relates to 
11 3 or more grams of a substance
containing heroin or an 
12 analog thereof. 
13  (E) (Blank).

14  (F) A Class 1 or greater felony if the offender had 
15 been convicted
of a Class 1 or greater felony, including 
16 any state or federal conviction for an offense that 
17 contained, at the time it was committed, the same elements 
18 as an offense now (the date of the offense committed after 
19 the prior Class 1 or greater felony) classified as a Class 
20 1 or greater felony, within 10 years of the date on which 
21 the
offender
committed the offense for which he or she is 
22 being sentenced, except as
otherwise provided in Section 
23 40-10 of the Alcoholism and Other Drug Abuse and
Dependency 
24 Act.

25  (F-3) A Class 2 or greater felony sex offense or felony 
26 firearm offense if the offender had been convicted of a 
 
 
HB4354- 220 -LRB100 16397 SLF 31525 b


1 Class 2 or greater felony, including any state or federal 
2 conviction for an offense that contained, at the time it 
3 was committed, the same elements as an offense now (the 
4 date of the offense committed after the prior Class 2 or 
5 greater felony) classified as a Class 2 or greater felony, 
6 within 10 years of the date on which the offender committed 
7 the offense for which he or she is being sentenced, except 
8 as otherwise provided in Section 40-10 of the Alcoholism 
9 and Other Drug Abuse and Dependency Act. 
10  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of 
11 the Criminal Code of 1961 or the Criminal Code of 2012 for 
12 which imprisonment is prescribed in those Sections.
13  (G) Residential burglary, except as otherwise provided 
14 in Section 40-10
of the Alcoholism and Other Drug Abuse and 
15 Dependency Act.

16  (H) Criminal sexual assault.

17  (I) Aggravated battery of a senior citizen as described 
18 in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 
19 of the Criminal Code of 1961 or the Criminal Code of 2012.

20  (J) A forcible felony if the offense was related to the 
21 activities of an
organized gang.

22  Before July 1, 1994, for the purposes of this 
23 paragraph, "organized
gang" means an association of 5 or 
24 more persons, with an established hierarchy,
that 
25 encourages members of the association to perpetrate crimes 
26 or provides
support to the members of the association who 
 
 
HB4354- 221 -LRB100 16397 SLF 31525 b


1 do commit crimes.

2  Beginning July 1, 1994, for the purposes of this 
3 paragraph,
"organized gang" has the meaning ascribed to it 
4 in Section 10 of the Illinois
Streetgang Terrorism Omnibus 
5 Prevention Act.

6  (K) Vehicular hijacking.

7  (L) A second or subsequent conviction for the offense 
8 of hate crime
when the underlying offense upon which the 
9 hate crime is based is felony
aggravated
assault or felony 
10 mob action.

11  (M) A second or subsequent conviction for the offense 
12 of institutional
vandalism if the damage to the property 
13 exceeds $300.

14  (N) (Blank). A Class 3 felony violation of paragraph 
15 (1) of subsection (a) of
Section 2 of the Firearm Owners 
16 Identification Card Act.

17  (O) A violation of Section 12-6.1 or 12-6.5 of the 
18 Criminal Code of 1961 or the Criminal Code of 2012.

19  (P) A violation of paragraph (1), (2), (3), (4), (5), 
20 or (7) of
subsection (a)
of Section 11-20.1 of the Criminal 
21 Code of 1961 or the Criminal Code of 2012.

22  (Q) A violation of subsection (b) or (b-5) of Section 
23 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal 
24 Code of
1961 or the Criminal Code of 2012.

25  (R) A violation of Section 24-3A of the Criminal Code 
26 of
1961 or the Criminal Code of 2012.

 
 
HB4354- 222 -LRB100 16397 SLF 31525 b


1  (S) (Blank).

2  (T) (Blank).

3  (U) A second or subsequent violation of Section 6-303 
4 of the Illinois Vehicle Code committed while his or her 
5 driver's license, permit, or privilege was revoked because 
6 of a violation of Section 9-3 of the Criminal Code of 1961 
7 or the Criminal Code of 2012, relating to the offense of 
8 reckless homicide, or a similar provision of a law of 
9 another state.

10  (V)
A violation of paragraph (4) of subsection (c) of 
11 Section 11-20.1B or paragraph (4) of subsection (c) of 
12 Section 11-20.3 of the Criminal Code of 1961, or paragraph 
13 (6) of subsection (a) of Section 11-20.1 of the Criminal 
14 Code of 2012 when the victim is under 13 years of age and 
15 the defendant has previously been convicted under the laws 
16 of this State or any other state of the offense of child 
17 pornography, aggravated child pornography, aggravated 
18 criminal sexual abuse, aggravated criminal sexual assault, 
19 predatory criminal sexual assault of a child, or any of the 
20 offenses formerly known as rape, deviate sexual assault, 
21 indecent liberties with a child, or aggravated indecent 
22 liberties with a child where the victim was under the age 
23 of 18 years or an offense that is substantially equivalent 
24 to those offenses.
25  (W) A violation of Section 24-3.5 of the Criminal Code 
26 of 1961 or the Criminal Code of 2012.

 
 
HB4354- 223 -LRB100 16397 SLF 31525 b


1  (X) A violation of subsection (a) of Section 31-1a of 
2 the Criminal Code of 1961 or the Criminal Code of 2012.
3  (Y) A conviction for unlawful possession of a firearm 
4 by a street gang member when the firearm was loaded or 
5 contained firearm ammunition. 
6  (Z) A Class 1 felony committed while he or she was 
7 serving a term of probation or conditional discharge for a 
8 felony.
9  (AA) Theft of property exceeding $500,000 and not 
10 exceeding $1,000,000 in value.
11  (BB) Laundering of criminally derived property of a 
12 value exceeding
$500,000.
13  (CC) Knowingly selling, offering for sale, holding for 
14 sale, or using 2,000 or more counterfeit items or 
15 counterfeit items having a retail value in the aggregate of 
16 $500,000 or more. 
17  (DD) A conviction for aggravated assault under 
18 paragraph (6) of subsection (c) of Section 12-2 of the 
19 Criminal Code of 1961 or the Criminal Code of 2012 if the 
20 firearm is aimed toward the person against whom the firearm 
21 is being used. 
22  (EE) A conviction for a violation of paragraph (2) of 
23 subsection (a) of Section 24-3B of the Criminal Code of 
24 2012. 
25 (3) (Blank).

26 (4) A minimum term of imprisonment of not less than 10

 
 
HB4354- 224 -LRB100 16397 SLF 31525 b


1consecutive days or 30 days of community service shall be 
2imposed for a
violation of paragraph (c) of Section 6-303 of 
3the Illinois Vehicle Code.

4 (4.1) (Blank).

5 (4.2) Except as provided in paragraphs (4.3) and (4.8) of 
6this subsection (c), a
minimum of
100 hours of community 
7service shall be imposed for a second violation of
Section 
86-303
of the Illinois Vehicle Code.

9 (4.3) A minimum term of imprisonment of 30 days or 300 
10hours of community
service, as determined by the court, shall

11be imposed for a second violation of subsection (c) of Section 
126-303 of the
Illinois Vehicle Code.

13 (4.4) Except as provided in paragraphs
(4.5), (4.6), and 
14(4.9) of this
subsection (c), a
minimum term of imprisonment of 
1530 days or 300 hours of community service, as
determined by the 
16court, shall
be imposed
for a third or subsequent violation of 
17Section 6-303 of the Illinois Vehicle
Code.

18 (4.5) A minimum term of imprisonment of 30 days
shall be 
19imposed for a third violation of subsection (c) of
Section 
206-303 of the Illinois Vehicle Code.

21 (4.6) Except as provided in paragraph (4.10) of this 
22subsection (c), a minimum term of imprisonment of 180 days 
23shall be imposed for a
fourth or subsequent violation of 
24subsection (c) of Section 6-303 of the
Illinois Vehicle Code.

25 (4.7) A minimum term of imprisonment of not less than 30 
26consecutive days, or 300 hours of community service, shall be 
 
 
HB4354- 225 -LRB100 16397 SLF 31525 b


1imposed for a violation of subsection (a-5) of Section 6-303 of 
2the Illinois Vehicle Code, as provided in subsection (b-5) of 
3that Section.

4 (4.8) A mandatory prison sentence shall be imposed for a 
5second violation of subsection (a-5) of Section 6-303 of the 
6Illinois Vehicle Code, as provided in subsection (c-5) of that 
7Section. The person's driving privileges shall be revoked for a 
8period of not less than 5 years from the date of his or her 
9release from prison.

10 (4.9) A mandatory prison sentence of not less than 4 and 
11not more than 15 years shall be imposed for a third violation 
12of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
13Code, as provided in subsection (d-2.5) of that Section. The 
14person's driving privileges shall be revoked for the remainder 
15of his or her life.

16 (4.10) A mandatory prison sentence for a Class 1 felony 
17shall be imposed, and the person shall be eligible for an 
18extended term sentence, for a fourth or subsequent violation of 
19subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, 
20as provided in subsection (d-3.5) of that Section. The person's 
21driving privileges shall be revoked for the remainder of his or 
22her life.

23 (5) The court may sentence a corporation or unincorporated

24association convicted of any offense to:

25  (A) a period of conditional discharge;

26  (B) a fine;

 
 
HB4354- 226 -LRB100 16397 SLF 31525 b


1  (C) make restitution to the victim under Section 5-5-6 
2 of this Code.

3 (5.1) In addition to any other penalties imposed, and 
4except as provided in paragraph (5.2) or (5.3), a person

5convicted of violating subsection (c) of Section 11-907 of the 
6Illinois
Vehicle Code shall have his or her driver's license, 
7permit, or privileges
suspended for at least 90 days but not 
8more than one year, if the violation
resulted in damage to the 
9property of another person.

10 (5.2) In addition to any other penalties imposed, and 
11except as provided in paragraph (5.3), a person convicted
of 
12violating subsection (c) of Section 11-907 of the Illinois 
13Vehicle Code
shall have his or her driver's license, permit, or 
14privileges suspended for at
least 180 days but not more than 2 
15years, if the violation resulted in injury
to
another person.

16 (5.3) In addition to any other penalties imposed, a person 
17convicted of violating subsection (c) of Section
11-907 of the 
18Illinois Vehicle Code shall have his or her driver's license,

19permit, or privileges suspended for 2 years, if the violation 
20resulted in the
death of another person.

21 (5.4) In addition to any other penalties imposed, a person 
22convicted of violating Section 3-707 of the Illinois Vehicle 
23Code shall have his or her driver's license, permit, or 
24privileges suspended for 3 months and until he or she has paid 
25a reinstatement fee of $100.
26 (5.5) In addition to any other penalties imposed, a person 
 
 
HB4354- 227 -LRB100 16397 SLF 31525 b


1convicted of violating Section 3-707 of the Illinois Vehicle 
2Code during a period in which his or her driver's license, 
3permit, or privileges were suspended for a previous violation 
4of that Section shall have his or her driver's license, permit, 
5or privileges suspended for an additional 6 months after the 
6expiration of the original 3-month suspension and until he or 
7she has paid a reinstatement fee of $100.

8 (6) (Blank).

9 (7) (Blank).

10 (8) (Blank).

11 (9) A defendant convicted of a second or subsequent offense 
12of ritualized
abuse of a child may be sentenced to a term of 
13natural life imprisonment.

14 (10) (Blank).

15 (11) The court shall impose a minimum fine of $1,000 for a 
16first offense
and $2,000 for a second or subsequent offense 
17upon a person convicted of or
placed on supervision for battery 
18when the individual harmed was a sports
official or coach at 
19any level of competition and the act causing harm to the
sports

20official or coach occurred within an athletic facility or 
21within the immediate vicinity
of the athletic facility at which 
22the sports official or coach was an active
participant
of the 
23athletic contest held at the athletic facility. For the 
24purposes of
this paragraph (11), "sports official" means a 
25person at an athletic contest
who enforces the rules of the 
26contest, such as an umpire or referee; "athletic facility" 
 
 
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1means an indoor or outdoor playing field or recreational area 
2where sports activities are conducted;
and "coach" means a 
3person recognized as a coach by the sanctioning
authority that 
4conducted the sporting event.
5 (12) A person may not receive a disposition of court 
6supervision for a
violation of Section 5-16 of the Boat 
7Registration and Safety Act if that
person has previously 
8received a disposition of court supervision for a
violation of 
9that Section.

10 (13) A person convicted of or placed on court supervision 
11for an assault or aggravated assault when the victim and the 
12offender are family or household members as defined in Section 
13103 of the Illinois Domestic Violence Act of 1986 or convicted 
14of domestic battery or aggravated domestic battery may be 
15required to attend a Partner Abuse Intervention Program under 
16protocols set forth by the Illinois Department of Human 
17Services under such terms and conditions imposed by the court. 
18The costs of such classes shall be paid by the offender.

19 (d) In any case in which a sentence originally imposed is 
20vacated,
the case shall be remanded to the trial court. The 
21trial court shall
hold a hearing under Section 5-4-1 of the 
22Unified Code of Corrections
which may include evidence of the 
23defendant's life, moral character and
occupation during the 
24time since the original sentence was passed. The
trial court 
25shall then impose sentence upon the defendant. The trial
court 
26may impose any sentence which could have been imposed at the

 
 
HB4354- 229 -LRB100 16397 SLF 31525 b


1original trial subject to Section 5-5-4 of the Unified Code of 
2Corrections.
If a sentence is vacated on appeal or on 
3collateral attack due to the
failure of the trier of fact at 
4trial to determine beyond a reasonable doubt
the
existence of a 
5fact (other than a prior conviction) necessary to increase the

6punishment for the offense beyond the statutory maximum 
7otherwise applicable,
either the defendant may be re-sentenced 
8to a term within the range otherwise
provided or, if the State 
9files notice of its intention to again seek the
extended 
10sentence, the defendant shall be afforded a new trial.

11 (e) In cases where prosecution for
aggravated criminal 
12sexual abuse under Section 11-1.60 or 12-16 of the
Criminal 
13Code of 1961 or the Criminal Code of 2012 results in conviction 
14of a defendant
who was a family member of the victim at the 
15time of the commission of the
offense, the court shall consider 
16the safety and welfare of the victim and
may impose a sentence 
17of probation only where:

18  (1) the court finds (A) or (B) or both are appropriate:

19   (A) the defendant is willing to undergo a court 
20 approved counseling
program for a minimum duration of 2 
21 years; or

22   (B) the defendant is willing to participate in a 
23 court approved plan
including but not limited to the 
24 defendant's:

25    (i) removal from the household;

26    (ii) restricted contact with the victim;

 
 
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1    (iii) continued financial support of the 
2 family;

3    (iv) restitution for harm done to the victim; 
4 and

5    (v) compliance with any other measures that 
6 the court may
deem appropriate; and

7  (2) the court orders the defendant to pay for the 
8 victim's counseling
services, to the extent that the court 
9 finds, after considering the
defendant's income and 
10 assets, that the defendant is financially capable of
paying 
11 for such services, if the victim was under 18 years of age 
12 at the
time the offense was committed and requires 
13 counseling as a result of the
offense.

14 Probation may be revoked or modified pursuant to Section 
155-6-4; except
where the court determines at the hearing that 
16the defendant violated a
condition of his or her probation 
17restricting contact with the victim or
other family members or 
18commits another offense with the victim or other
family 
19members, the court shall revoke the defendant's probation and

20impose a term of imprisonment.

21 For the purposes of this Section, "family member" and 
22"victim" shall have
the meanings ascribed to them in Section 
2311-0.1 of the Criminal Code of
2012.

24 (f) (Blank).

25 (g) Whenever a defendant is convicted of an offense under 
26Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, 
 
 
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111-14.3, 11-14.4 except for an offense that involves keeping a 
2place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 
311-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 
412-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the 
5Criminal Code of 2012,
the defendant shall undergo medical 
6testing to
determine whether the defendant has any sexually 
7transmissible disease,
including a test for infection with 
8human immunodeficiency virus (HIV) or
any other identified 
9causative agent of acquired immunodeficiency syndrome
(AIDS). 
10Any such medical test shall be performed only by appropriately

11licensed medical practitioners and may include an analysis of 
12any bodily
fluids as well as an examination of the defendant's 
13person.
Except as otherwise provided by law, the results of 
14such test shall be kept
strictly confidential by all medical 
15personnel involved in the testing and must
be personally 
16delivered in a sealed envelope to the judge of the court in 
17which
the conviction was entered for the judge's inspection in 
18camera. Acting in
accordance with the best interests of the 
19victim and the public, the judge
shall have the discretion to 
20determine to whom, if anyone, the results of the
testing may be 
21revealed. The court shall notify the defendant
of the test 
22results. The court shall
also notify the victim if requested by 
23the victim, and if the victim is under
the age of 15 and if 
24requested by the victim's parents or legal guardian, the
court 
25shall notify the victim's parents or legal guardian of the test

26results.
The court shall provide information on the 
 
 
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1availability of HIV testing
and counseling at Department of 
2Public Health facilities to all parties to
whom the results of 
3the testing are revealed and shall direct the State's
Attorney 
4to provide the information to the victim when possible.
A 
5State's Attorney may petition the court to obtain the results 
6of any HIV test
administered under this Section, and the court 
7shall grant the disclosure if
the State's Attorney shows it is 
8relevant in order to prosecute a charge of
criminal 
9transmission of HIV under Section 12-5.01 or 12-16.2 of the 
10Criminal Code of 1961 or the Criminal Code of 2012
against the 
11defendant. The court shall order that the cost of any such test

12shall be paid by the county and may be taxed as costs against 
13the convicted
defendant.

14 (g-5) When an inmate is tested for an airborne communicable 
15disease, as
determined by the Illinois Department of Public 
16Health including but not
limited to tuberculosis, the results 
17of the test shall be
personally delivered by the warden or his 
18or her designee in a sealed envelope
to the judge of the court 
19in which the inmate must appear for the judge's
inspection in 
20camera if requested by the judge. Acting in accordance with the

21best interests of those in the courtroom, the judge shall have 
22the discretion
to determine what if any precautions need to be 
23taken to prevent transmission
of the disease in the courtroom.

24 (h) Whenever a defendant is convicted of an offense under 
25Section 1 or 2
of the Hypodermic Syringes and Needles Act, the 
26defendant shall undergo
medical testing to determine whether 
 
 
HB4354- 233 -LRB100 16397 SLF 31525 b


1the defendant has been exposed to human
immunodeficiency virus 
2(HIV) or any other identified causative agent of
acquired 
3immunodeficiency syndrome (AIDS). Except as otherwise provided 
4by
law, the results of such test shall be kept strictly 
5confidential by all
medical personnel involved in the testing 
6and must be personally delivered in a
sealed envelope to the 
7judge of the court in which the conviction was entered
for the 
8judge's inspection in camera. Acting in accordance with the 
9best
interests of the public, the judge shall have the 
10discretion to determine to
whom, if anyone, the results of the 
11testing may be revealed. The court shall
notify the defendant 
12of a positive test showing an infection with the human

13immunodeficiency virus (HIV). The court shall provide 
14information on the
availability of HIV testing and counseling 
15at Department of Public Health
facilities to all parties to 
16whom the results of the testing are revealed and
shall direct 
17the State's Attorney to provide the information to the victim 
18when
possible. A State's Attorney may petition the court to 
19obtain the results of
any HIV test administered under this 
20Section, and the court shall grant the
disclosure if the 
21State's Attorney shows it is relevant in order to prosecute a

22charge of criminal transmission of HIV under Section 12-5.01 or 
2312-16.2 of the Criminal
Code of 1961 or the Criminal Code of 
242012 against the defendant. The court shall order that the cost 
25of any
such test shall be paid by the county and may be taxed as 
26costs against the
convicted defendant.

 
 
HB4354- 234 -LRB100 16397 SLF 31525 b


1 (i) All fines and penalties imposed under this Section for 
2any violation
of Chapters 3, 4, 6, and 11 of the Illinois 
3Vehicle Code, or a similar
provision of a local ordinance, and 
4any violation
of the Child Passenger Protection Act, or a 
5similar provision of a local
ordinance, shall be collected and 
6disbursed by the circuit
clerk as provided under Section 27.5 
7of the Clerks of Courts Act.

8 (j) In cases when prosecution for any violation of Section 
911-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, 
1011-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 
1111-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 
1211-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 
1312-15, or
12-16 of the
Criminal Code of 1961 or the Criminal 
14Code of 2012, any violation of the Illinois Controlled 
15Substances Act,
any violation of the Cannabis Control Act, or 
16any violation of the Methamphetamine Control and Community 
17Protection Act results in conviction, a
disposition of court 
18supervision, or an order of probation granted under
Section 10 
19of the Cannabis Control Act, Section 410 of the Illinois

20Controlled Substances Act, or Section 70 of the Methamphetamine 
21Control and Community Protection Act of a defendant, the court 
22shall determine whether the
defendant is employed by a facility 
23or center as defined under the Child Care
Act of 1969, a public 
24or private elementary or secondary school, or otherwise
works 
25with children under 18 years of age on a daily basis. When a 
26defendant
is so employed, the court shall order the Clerk of 
 
 
HB4354- 235 -LRB100 16397 SLF 31525 b


1the Court to send a copy of
the judgment of conviction or order 
2of supervision or probation to the
defendant's employer by 
3certified mail.
If the employer of the defendant is a school, 
4the Clerk of the Court shall
direct the mailing of a copy of 
5the judgment of conviction or order of
supervision or probation 
6to the appropriate regional superintendent of schools.
The 
7regional superintendent of schools shall notify the State Board 
8of
Education of any notification under this subsection.

9 (j-5) A defendant at least 17 years of age who is convicted 
10of a felony and
who has not been previously convicted of a 
11misdemeanor or felony and who is
sentenced to a term of 
12imprisonment in the Illinois Department of Corrections
shall as 
13a condition of his or her sentence be required by the court to 
14attend
educational courses designed to prepare the defendant 
15for a high school diploma
and to work toward a high school 
16diploma or to work toward passing high school equivalency 
17testing or to work toward
completing a vocational training 
18program offered by the Department of
Corrections. If a 
19defendant fails to complete the educational training
required 
20by his or her sentence during the term of incarceration, the 
21Prisoner
Review Board shall, as a condition of mandatory 
22supervised release, require the
defendant, at his or her own 
23expense, to pursue a course of study toward a high
school 
24diploma or passage of high school equivalency testing. The 
25Prisoner Review Board shall
revoke the mandatory supervised 
26release of a defendant who wilfully fails to
comply with this 
 
 
HB4354- 236 -LRB100 16397 SLF 31525 b


1subsection (j-5) upon his or her release from confinement in a

2penal institution while serving a mandatory supervised release 
3term; however,
the inability of the defendant after making a 
4good faith effort to obtain
financial aid or pay for the 
5educational training shall not be deemed a wilful
failure to 
6comply. The Prisoner Review Board shall recommit the defendant

7whose mandatory supervised release term has been revoked under 
8this subsection
(j-5) as provided in Section 3-3-9. This 
9subsection (j-5) does not apply to a
defendant who has a high 
10school diploma or has successfully passed high school 
11equivalency testing. This subsection (j-5) does not apply to a 
12defendant who is determined by
the court to be a person with a 
13developmental disability or otherwise mentally incapable of

14completing the educational or vocational program.

15 (k) (Blank).

16 (l) (A) Except as provided
in paragraph (C) of subsection 
17(l), whenever a defendant,
who is an alien as defined by the 
18Immigration and Nationality Act, is convicted
of any felony or 
19misdemeanor offense, the court after sentencing the defendant

20may, upon motion of the State's Attorney, hold sentence in 
21abeyance and remand
the defendant to the custody of the 
22Attorney General of
the United States or his or her designated 
23agent to be deported when:

24  (1) a final order of deportation has been issued 
25 against the defendant
pursuant to proceedings under the 
26 Immigration and Nationality Act, and

 
 
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1  (2) the deportation of the defendant would not 
2 deprecate the seriousness
of the defendant's conduct and 
3 would not be inconsistent with the ends of
justice.

4 Otherwise, the defendant shall be sentenced as provided in 
5this Chapter V.

6 (B) If the defendant has already been sentenced for a 
7felony or
misdemeanor
offense, or has been placed on probation 
8under Section 10 of the Cannabis
Control Act,
Section 410 of 
9the Illinois Controlled Substances Act, or Section 70 of the 
10Methamphetamine Control and Community Protection Act, the 
11court
may, upon motion of the State's Attorney to suspend the

12sentence imposed, commit the defendant to the custody of the 
13Attorney General
of the United States or his or her designated 
14agent when:

15  (1) a final order of deportation has been issued 
16 against the defendant
pursuant to proceedings under the 
17 Immigration and Nationality Act, and

18  (2) the deportation of the defendant would not 
19 deprecate the seriousness
of the defendant's conduct and 
20 would not be inconsistent with the ends of
justice.

21 (C) This subsection (l) does not apply to offenders who are 
22subject to the
provisions of paragraph (2) of subsection (a) of 
23Section 3-6-3.

24 (D) Upon motion of the State's Attorney, if a defendant 
25sentenced under
this Section returns to the jurisdiction of the 
26United States, the defendant
shall be recommitted to the 
 
 
HB4354- 238 -LRB100 16397 SLF 31525 b


1custody of the county from which he or she was
sentenced.

2Thereafter, the defendant shall be brought before the 
3sentencing court, which
may impose any sentence that was 
4available under Section 5-5-3 at the time of
initial 
5sentencing. In addition, the defendant shall not be eligible 
6for
additional earned sentence credit as provided under
Section 
73-6-3.

8 (m) A person convicted of criminal defacement of property 
9under Section
21-1.3 of the Criminal Code of 1961 or the 
10Criminal Code of 2012, in which the property damage exceeds 
11$300
and the property damaged is a school building, shall be 
12ordered to perform
community service that may include cleanup, 
13removal, or painting over the
defacement.

14 (n) The court may sentence a person convicted of a 
15violation of Section
12-19, 12-21, 16-1.3, or 17-56, or 
16subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
17of 1961 or the Criminal Code of 2012 (i) to an impact

18incarceration program if the person is otherwise eligible for 
19that program
under Section 5-8-1.1, (ii) to community service, 
20or (iii) if the person is an
addict or alcoholic, as defined in 
21the Alcoholism and Other Drug Abuse and
Dependency Act, to a 
22substance or alcohol abuse program licensed under that
Act.
23 (o) Whenever a person is convicted of a sex offense as 
24defined in Section 2 of the Sex Offender Registration Act, the 
25defendant's driver's license or permit shall be subject to 
26renewal on an annual basis in accordance with the provisions of 
 
 
HB4354- 239 -LRB100 16397 SLF 31525 b


1license renewal established by the Secretary of State.


2(Source: P.A. 98-718, eff. 1-1-15; 98-756, eff. 7-16-14; 
399-143, eff. 7-27-15; 99-885, eff. 8-23-16; 99-938, eff. 
41-1-18.)




5 (730 ILCS 5/5-5-3.2)


6 Sec. 5-5-3.2. Factors in aggravation and extended-term 
7sentencing. 

8 (a) The following factors shall be accorded weight in favor 
9of
imposing a term of imprisonment or may be considered by the 
10court as reasons
to impose a more severe sentence under Section 
115-8-1 or Article 4.5 of Chapter V:

12  (1) the defendant's conduct caused or threatened 
13 serious harm;

14  (2) the defendant received compensation for committing 
15 the offense;

16  (3) the defendant has a history of prior delinquency or 
17 criminal activity;

18  (4) the defendant, by the duties of his office or by 
19 his position,
was obliged to prevent the particular offense 
20 committed or to bring
the offenders committing it to 
21 justice;

22  (5) the defendant held public office at the time of the 
23 offense,
and the offense related to the conduct of that 
24 office;

25  (6) the defendant utilized his professional reputation 
 
 
HB4354- 240 -LRB100 16397 SLF 31525 b


1 or
position in the community to commit the offense, or to 
2 afford
him an easier means of committing it;

3  (7) the sentence is necessary to deter others from 
4 committing
the same crime;

5  (8) the defendant committed the offense against a 
6 person 60 years of age
or older or such person's property;

7  (9) the defendant committed the offense against a 
8 person who has a physical disability or such person's 
9 property;

10  (10) by reason of another individual's actual or 
11 perceived race, color,
creed, religion, ancestry, gender, 
12 sexual orientation, physical or mental
disability, or 
13 national origin, the defendant committed the offense 
14 against (i)
the person or property
of that individual; (ii) 
15 the person or property of a person who has an
association 
16 with, is married to, or has a friendship with the other 
17 individual;
or (iii) the person or property of a relative 
18 (by blood or marriage) of a
person described in clause (i) 
19 or (ii). For the purposes of this Section,
"sexual 
20 orientation" has the meaning ascribed to it in paragraph 
21 (O-1) of Section 1-103 of the Illinois Human Rights Act;

22  (11) the offense took place in a place of worship or on 
23 the
grounds of a place of worship, immediately prior to, 
24 during or immediately
following worship services. For 
25 purposes of this subparagraph, "place of
worship" shall 
26 mean any church, synagogue or other building, structure or

 
 
HB4354- 241 -LRB100 16397 SLF 31525 b


1 place used primarily for religious worship;

2  (12) the defendant was convicted of a felony committed 
3 while he was
released on bail or his own recognizance 
4 pending trial for a prior felony
and was convicted of such 
5 prior felony, or the defendant was convicted of a
felony 
6 committed while he was serving a period of probation,

7 conditional discharge, or mandatory supervised release 
8 under subsection (d)
of Section 5-8-1
for a prior felony;

9  (13) the defendant committed or attempted to commit a 
10 felony while he
was wearing a bulletproof vest. For the 
11 purposes of this paragraph (13), a
bulletproof vest is any 
12 device which is designed for the purpose of
protecting the 
13 wearer from bullets, shot or other lethal projectiles;

14  (14) the defendant held a position of trust or 
15 supervision such as, but
not limited to, family member as 
16 defined in Section 11-0.1 of the Criminal Code
of 2012, 
17 teacher, scout leader, baby sitter, or day care worker, in

18 relation to a victim under 18 years of age, and the 
19 defendant committed an
offense in violation of Section 
20 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
21 11-14.4 except for an offense that involves keeping a place 
22 of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

23 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 
24 or 12-16 of the Criminal Code of 1961 or the Criminal Code 
25 of 2012
against
that victim;

26  (15) the defendant committed an offense related to the 
 
 
HB4354- 242 -LRB100 16397 SLF 31525 b


1 activities of an
organized gang. For the purposes of this 
2 factor, "organized gang" has the
meaning ascribed to it in 
3 Section 10 of the Streetgang Terrorism Omnibus
Prevention 
4 Act;

5  (16) the defendant committed an offense in violation of 
6 one of the
following Sections while in a school, regardless 
7 of the time of day or time of
year; on any conveyance 
8 owned, leased, or contracted by a school to transport

9 students to or from school or a school related activity; on 
10 the real property
of a school; or on a public way within 
11 1,000 feet of the real property
comprising any school: 
12 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
13 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

14 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 
15 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, 
16 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
17 (a)(4) or (g)(1), of the Criminal Code of
1961 or the 
18 Criminal Code of 2012;

19  (16.5) the defendant committed an offense in violation 
20 of one of the
following Sections while in a day care 
21 center, regardless of the time of day or
time of year; on 
22 the real property of a day care center, regardless of the 
23 time
of day or time of year; or on a public
way within 
24 1,000 feet of the real property comprising any day care 
25 center,
regardless of the time of day or time of year:

26 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
 
 
HB4354- 243 -LRB100 16397 SLF 31525 b


1 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 
2 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, 
3 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
4 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
5 (a)(4) or (g)(1), of the Criminal
Code of 1961 or the 
6 Criminal Code of 2012;

7  (17) the defendant committed the offense by reason of 
8 any person's
activity as a community policing volunteer or 
9 to prevent any person from
engaging in activity as a 
10 community policing volunteer. For the purpose of
this 
11 Section, "community policing volunteer" has the meaning 
12 ascribed to it in
Section 2-3.5 of the Criminal Code of 
13 2012;

14  (18) the defendant committed the offense in a nursing 
15 home or on the
real
property comprising a nursing home. For 
16 the purposes of this paragraph (18),
"nursing home" means a 
17 skilled nursing
or intermediate long term care facility 
18 that is subject to license by the
Illinois Department of 
19 Public Health under the Nursing Home Care
Act, the 
20 Specialized Mental Health Rehabilitation Act of 2013, the 
21 ID/DD Community Care Act, or the MC/DD Act;

22  (19) the defendant was a federally licensed firearm 
23 dealer
and
was
previously convicted of a violation of 
24 subsection (a) of Section 3 of the
Firearm Owners 
25 Identification Card Act before its repeal by this 
26 amendatory Act of the 100th General Assembly and has now 
 
 
HB4354- 244 -LRB100 16397 SLF 31525 b


1 committed either a felony
violation
of the Firearm Owners 
2 Identification Card Act or an act of armed violence while

3 armed
with a firearm;
4  (20) the defendant (i) committed the offense of 
5 reckless homicide under Section 9-3 of the Criminal Code of 
6 1961 or the Criminal Code of 2012 or the offense of driving 
7 under the influence of alcohol, other drug or
drugs, 
8 intoxicating compound or compounds or any combination 
9 thereof under Section 11-501 of the Illinois Vehicle Code 
10 or a similar provision of a local ordinance and (ii) was 
11 operating a motor vehicle in excess of 20 miles per hour 
12 over the posted speed limit as provided in Article VI of 
13 Chapter 11 of the Illinois Vehicle Code;


14  (21) the defendant (i) committed the offense of 
15 reckless driving or aggravated reckless driving under 
16 Section 11-503 of the Illinois Vehicle Code and (ii) was 
17 operating a motor vehicle in excess of 20 miles per hour 
18 over the posted speed limit as provided in Article VI of 
19 Chapter 11 of the Illinois Vehicle Code;
20  (22) the defendant committed the offense against a 
21 person that the defendant knew, or reasonably should have 
22 known, was a member of the Armed Forces of the United 
23 States serving on active duty. For purposes of this clause 
24 (22), the term "Armed Forces" means any of the Armed Forces 
25 of the United States, including a member of any reserve 
26 component thereof or National Guard unit called to active 
 
 
HB4354- 245 -LRB100 16397 SLF 31525 b


1 duty;

2  (23)
the defendant committed the offense against a 
3 person who was elderly or infirm or who was a person with a 
4 disability by taking advantage of a family or fiduciary 
5 relationship with the elderly or infirm person or person 
6 with a disability;

7  (24)
the defendant committed any offense under Section 
8 11-20.1 of the Criminal Code of 1961 or the Criminal Code 
9 of 2012 and possessed 100 or more images;

10  (25) the defendant committed the offense while the 
11 defendant or the victim was in a train, bus, or other 
12 vehicle used for public transportation;
13  (26) the defendant committed the offense of child 
14 pornography or aggravated child pornography, specifically 
15 including paragraph (1), (2), (3), (4), (5), or (7) of 
16 subsection (a) of Section 11-20.1 of the Criminal Code of 
17 1961 or the Criminal Code of 2012 where a child engaged in, 
18 solicited for, depicted in, or posed in any act of sexual 
19 penetration or bound, fettered, or subject to sadistic, 
20 masochistic, or sadomasochistic abuse in a sexual context 
21 and specifically including paragraph (1), (2), (3), (4), 
22 (5), or (7) of subsection (a) of Section 11-20.1B or 
23 Section 11-20.3 of the Criminal Code of 1961 where a child 
24 engaged in, solicited for, depicted in, or posed in any act 
25 of sexual penetration or bound, fettered, or subject to 
26 sadistic, masochistic, or sadomasochistic abuse in a 
 
 
HB4354- 246 -LRB100 16397 SLF 31525 b


1 sexual context;
2  (27) the defendant committed the offense of first 
3 degree murder, assault, aggravated assault, battery, 
4 aggravated battery, robbery, armed robbery, or aggravated 
5 robbery against a person who was a veteran and the 
6 defendant knew, or reasonably should have known, that the 
7 person was a veteran performing duties as a representative 
8 of a veterans' organization. For the purposes of this 
9 paragraph (27), "veteran" means an Illinois resident who 
10 has served as a member of the United States Armed Forces, a 
11 member of the Illinois National Guard, or a member of the 
12 United States Reserve Forces; and "veterans' organization" 
13 means an organization comprised of members of
which 
14 substantially all are individuals who are veterans or 
15 spouses,
widows, or widowers of veterans, the primary 
16 purpose of which is to
promote the welfare of its members 
17 and to provide assistance to the general
public in such a 
18 way as to confer a public benefit; 
19  (28) the defendant committed the offense of assault, 
20 aggravated assault, battery, aggravated battery, robbery, 
21 armed robbery, or aggravated robbery against a person that 
22 the defendant knew or reasonably should have known was a 
23 letter carrier or postal worker while that person was 
24 performing his or her duties delivering mail for the United 
25 States Postal Service;
26  (29) the defendant committed the offense of criminal 
 
 
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1 sexual assault, aggravated criminal sexual assault, 
2 criminal sexual abuse, or aggravated criminal sexual abuse 
3 against a victim with an intellectual disability, and the 
4 defendant holds a position of trust, authority, or 
5 supervision in relation to the victim; or
6  (30) the defendant committed the offense of promoting 
7 juvenile prostitution, patronizing a prostitute, or 
8 patronizing a minor engaged in prostitution and at the time 
9 of the commission of the offense knew that the prostitute 
10 or minor engaged in prostitution was in the custody or 
11 guardianship of the Department of Children and Family 
12 Services. 
13 For the purposes of this Section:

14 "School" is defined as a public or private
elementary or 
15secondary school, community college, college, or university.

16 "Day care center" means a public or private State certified 
17and
licensed day care center as defined in Section 2.09 of the 
18Child Care Act of
1969 that displays a sign in plain view 
19stating that the
property is a day care center.

20 "Intellectual disability" means significantly subaverage 
21intellectual functioning which exists concurrently
with 
22impairment in adaptive behavior. 
23 "Public transportation" means the transportation
or 
24conveyance of persons by means available to the general public, 
25and includes paratransit services.
26 (b) The following factors, related to all felonies, may be 
 
 
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1considered by the court as
reasons to impose an extended term 
2sentence under Section 5-8-2
upon any offender:

3  (1) When a defendant is convicted of any felony, after 
4 having
been previously convicted in Illinois or any other 
5 jurisdiction of the
same or similar class felony or greater 
6 class felony, when such conviction
has occurred within 10 
7 years after the
previous conviction, excluding time spent 
8 in custody, and such charges are
separately brought and 
9 tried and arise out of different series of acts; or

10  (2) When a defendant is convicted of any felony and the 
11 court
finds that the offense was accompanied by 
12 exceptionally brutal
or heinous behavior indicative of 
13 wanton cruelty; or

14  (3) When a defendant is convicted of any felony 
15 committed against:

16   (i) a person under 12 years of age at the time of 
17 the offense or such
person's property;

18   (ii) a person 60 years of age or older at the time 
19 of the offense or
such person's property; or

20   (iii) a person who had a physical disability at the 
21 time of the offense or
such person's property; or

22  (4) When a defendant is convicted of any felony and the 
23 offense
involved any of the following types of specific 
24 misconduct committed as
part of a ceremony, rite, 
25 initiation, observance, performance, practice or
activity 
26 of any actual or ostensible religious, fraternal, or social 
 
 
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1 group:

2   (i) the brutalizing or torturing of humans or 
3 animals;

4   (ii) the theft of human corpses;

5   (iii) the kidnapping of humans;

6   (iv) the desecration of any cemetery, religious, 
7 fraternal, business,
governmental, educational, or 
8 other building or property; or

9   (v) ritualized abuse of a child; or

10  (5) When a defendant is convicted of a felony other 
11 than conspiracy and
the court finds that
the felony was 
12 committed under an agreement with 2 or more other persons

13 to commit that offense and the defendant, with respect to 
14 the other
individuals, occupied a position of organizer, 
15 supervisor, financier, or any
other position of management 
16 or leadership, and the court further finds that
the felony 
17 committed was related to or in furtherance of the criminal

18 activities of an organized gang or was motivated by the 
19 defendant's leadership
in an organized gang; or

20  (6) When a defendant is convicted of an offense 
21 committed while using a firearm with a
laser sight attached 
22 to it. For purposes of this paragraph, "laser sight"
has 
23 the meaning ascribed to it in Section 26-7 of the Criminal 
24 Code of
2012; or

25  (7) When a defendant who was at least 17 years of age 
26 at the
time of
the commission of the offense is convicted 
 
 
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1 of a felony and has been previously
adjudicated a 
2 delinquent minor under the Juvenile Court Act of 1987 for 
3 an act
that if committed by an adult would be a Class X or 
4 Class 1 felony when the
conviction has occurred within 10 
5 years after the previous adjudication,
excluding time 
6 spent in custody; or

7  (8) When a defendant commits any felony and the 
8 defendant used, possessed, exercised control over, or 
9 otherwise directed an animal to assault a law enforcement 
10 officer engaged in the execution of his or her official 
11 duties or in furtherance of the criminal activities of an 
12 organized gang in which the defendant is engaged; or


13  (9) When a defendant commits any felony and the 
14 defendant knowingly video or audio records the offense with 
15 the intent to disseminate the recording. 
16 (c) The following factors may be considered by the court as 
17reasons to impose an extended term sentence under Section 5-8-2 
18(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
19  (1) When a defendant is convicted of first degree 
20 murder, after having been previously convicted in Illinois 
21 of any offense listed under paragraph (c)(2) of Section 
22 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred 
23 within 10 years after the previous conviction, excluding 
24 time spent in custody, and the charges are separately 
25 brought and tried and arise out of different series of 
26 acts.
 
 
HB4354- 251 -LRB100 16397 SLF 31525 b


1  (1.5) When a defendant is convicted of first degree 
2 murder, after having been previously convicted of domestic 
3 battery (720 ILCS 5/12-3.2) or aggravated domestic battery 
4 (720 ILCS 5/12-3.3) committed on the same victim or after 
5 having been previously convicted of violation of an order 
6 of protection (720 ILCS 5/12-30) in which the same victim 
7 was the protected person. 
8  (2) When a defendant is convicted of voluntary 
9 manslaughter, second degree murder, involuntary 
10 manslaughter, or reckless homicide in which the defendant 
11 has been convicted of causing the death of more than one 
12 individual.
13  (3) When a defendant is convicted of aggravated 
14 criminal sexual assault or criminal sexual assault, when 
15 there is a finding that aggravated criminal sexual assault 
16 or criminal sexual assault was also committed on the same 
17 victim by one or more other individuals, and the defendant 
18 voluntarily participated in the crime with the knowledge of 
19 the participation of the others in the crime, and the 
20 commission of the crime was part of a single course of 
21 conduct during which there was no substantial change in the 
22 nature of the criminal objective.
23  (4) If the victim was under 18 years of age at the time 
24 of the commission of the offense, when a defendant is 
25 convicted of aggravated criminal sexual assault or 
26 predatory criminal sexual assault of a child under 
 
 
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1 subsection (a)(1) of Section 11-1.40 or subsection (a)(1) 
2 of Section 12-14.1 of the Criminal Code of 1961 or the 
3 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
4  (5) When a defendant is convicted of a felony violation 
5 of Section 24-1 of the Criminal Code of 1961 or the 
6 Criminal Code of 2012 (720 ILCS 5/24-1) and there is a 
7 finding that the defendant is a member of an organized 
8 gang.
9  (6) When a defendant was convicted of unlawful use of 
10 weapons under Section 24-1 of the Criminal Code of 1961 or 
11 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing 
12 a weapon that is not readily distinguishable as one of the 
13 weapons enumerated in Section 24-1 of the Criminal Code of 
14 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
15  (7) When a defendant is convicted of an offense 
16 involving the illegal manufacture of a controlled 
17 substance under Section 401 of the Illinois Controlled 
18 Substances Act (720 ILCS 570/401), the illegal manufacture 
19 of methamphetamine under Section 25 of the Methamphetamine 
20 Control and Community Protection Act (720 ILCS 646/25), or 
21 the illegal possession of explosives and an emergency 
22 response officer in the performance of his or her duties is 
23 killed or injured at the scene of the offense while 
24 responding to the emergency caused by the commission of the 
25 offense. In this paragraph, "emergency" means a situation 
26 in which a person's life, health, or safety is in jeopardy; 
 
 
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1 and "emergency response officer" means a peace officer, 
2 community policing volunteer, fireman, emergency medical 
3 technician-ambulance, emergency medical 
4 technician-intermediate, emergency medical 
5 technician-paramedic, ambulance driver, other medical 
6 assistance or first aid personnel, or hospital emergency 
7 room personnel.

8  (8) When the defendant is convicted of attempted mob 
9 action, solicitation to commit mob action, or conspiracy to 
10 commit mob action under Section 8-1, 8-2, or 8-4 of the 
11 Criminal Code of 2012, where the criminal object is a 
12 violation of Section 25-1 of the Criminal Code of 2012, and 
13 an electronic communication is used in the commission of 
14 the offense. For the purposes of this paragraph (8), 
15 "electronic communication" shall have the meaning provided 
16 in Section 26.5-0.1 of the Criminal Code of 2012. 
17 (d) For the purposes of this Section, "organized gang" has 
18the meaning
ascribed to it in Section 10 of the Illinois 
19Streetgang Terrorism Omnibus
Prevention Act.

20 (e) The court may impose an extended term sentence under 
21Article 4.5 of Chapter V upon an offender who has been 
22convicted of a felony violation of Section 11-1.20, 11-1.30, 
2311-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
2412-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
25when the victim of the offense is under 18 years of age at the 
26time of the commission of the offense and, during the 
 
 
HB4354- 254 -LRB100 16397 SLF 31525 b


1commission of the offense, the victim was under the influence 
2of alcohol, regardless of whether or not the alcohol was 
3supplied by the offender; and the offender, at the time of the 
4commission of the offense, knew or should have known that the 
5victim had consumed alcohol. 
6(Source: P.A. 98-14, eff. 1-1-14; 98-104, eff. 7-22-13; 98-385, 
7eff. 1-1-14; 98-756, eff. 7-16-14; 99-77, eff. 1-1-16; 99-143, 
8eff. 7-27-15; 99-180, eff. 7-29-15; 99-283, eff. 1-1-16; 
999-347, eff. 1-1-16; 99-642, eff. 7-28-16.)

10 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
11 Sec. 5-6-3. Conditions of probation and of conditional 
12discharge.

13 (a) The conditions of probation and of conditional 
14discharge shall be
that the person:


15  (1) not violate any criminal statute of any 
16 jurisdiction;


17  (2) report to or appear in person before such person or 
18 agency as
directed by the court;


19  (3) refrain from possessing a firearm or other 
20 dangerous weapon where the offense is a felony or, if a 
21 misdemeanor, the offense involved the intentional or 
22 knowing infliction of bodily harm or threat of bodily harm;


23  (4) not leave the State without the consent of the 
24 court or, in
circumstances in which the reason for the 
25 absence is of such an emergency
nature that prior consent 
 
 
HB4354- 255 -LRB100 16397 SLF 31525 b


1 by the court is not possible, without the prior

2 notification and approval of the person's probation

3 officer. Transfer of a person's probation or conditional 
4 discharge
supervision to another state is subject to 
5 acceptance by the other state
pursuant to the Interstate 
6 Compact for Adult Offender Supervision;


7  (5) permit the probation officer to visit
him at his 
8 home or elsewhere
to the extent necessary to discharge his 
9 duties;


10  (6) perform no less than 30 hours of community service 
11 and not more than
120 hours of community service, if 
12 community service is available in the
jurisdiction and is 
13 funded and approved by the county board where the offense

14 was committed, where the offense was related to or in 
15 furtherance of the
criminal activities of an organized gang 
16 and was motivated by the offender's
membership in or 
17 allegiance to an organized gang. The community service 
18 shall
include, but not be limited to, the cleanup and 
19 repair of any damage caused by
a violation of Section 
20 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 
21 2012 and similar damage
to property located within the 
22 municipality or county in which the violation
occurred. 
23 When possible and reasonable, the community service should 
24 be
performed in the offender's neighborhood. For purposes 
25 of this Section,
"organized gang" has the meaning ascribed 
26 to it in Section 10 of the Illinois
Streetgang Terrorism 
 
 
HB4354- 256 -LRB100 16397 SLF 31525 b


1 Omnibus Prevention Act;


2  (7) if he or she is at least 17 years of age and has 
3 been sentenced to
probation or conditional discharge for a 
4 misdemeanor or felony in a county of
3,000,000 or more 
5 inhabitants and has not been previously convicted of a

6 misdemeanor or felony, may be required by the sentencing 
7 court to attend
educational courses designed to prepare the 
8 defendant for a high school diploma
and to work toward a 
9 high school diploma or to work toward passing high school 
10 equivalency testing or to work toward
completing a 
11 vocational training program approved by the court. The 
12 person on
probation or conditional discharge must attend a 
13 public institution of
education to obtain the educational 
14 or vocational training required by this paragraph
clause 
15 (7). The court shall revoke the probation or conditional 
16 discharge of a
person who wilfully fails to comply with 
17 this paragraph clause (7). The person on
probation or 
18 conditional discharge shall be required to pay for the cost 
19 of the
educational courses or high school equivalency 
20 testing if a fee is charged for those courses or testing. 
21 The court shall resentence the offender whose probation or 
22 conditional
discharge has been revoked as provided in 
23 Section 5-6-4. This paragraph clause (7) does
not apply to 
24 a person who has a high school diploma or has successfully 
25 passed high school equivalency testing. This paragraph 
26 clause (7) does not apply to a person who is determined by

 
 
HB4354- 257 -LRB100 16397 SLF 31525 b


1 the court to be a person with a developmental disability or 
2 otherwise mentally incapable of
completing the educational 
3 or vocational program;


4  (8) if convicted of possession of a substance 
5 prohibited
by the Cannabis Control Act, the Illinois 
6 Controlled Substances Act, or the Methamphetamine Control 
7 and Community Protection Act
after a previous conviction or 
8 disposition of supervision for possession of a
substance 
9 prohibited by the Cannabis Control Act or Illinois 
10 Controlled
Substances Act or after a sentence of probation 
11 under Section 10 of the
Cannabis
Control Act, Section 410 
12 of the Illinois Controlled Substances Act, or Section 70 of 
13 the Methamphetamine Control and Community Protection Act 
14 and upon a
finding by the court that the person is 
15 addicted, undergo treatment at a
substance abuse program 
16 approved by the court;


17  (8.5) if convicted of a felony sex offense as defined 
18 in the Sex
Offender
Management Board Act, the person shall 
19 undergo and successfully complete sex
offender treatment 
20 by a treatment provider approved by the Board and conducted

21 in conformance with the standards developed under the Sex

22 Offender Management Board Act;

23  (8.6) if convicted of a sex offense as defined in the 
24 Sex Offender Management Board Act, refrain from residing at 
25 the same address or in the same condominium unit or 
26 apartment unit or in the same condominium complex or 
 
 
HB4354- 258 -LRB100 16397 SLF 31525 b


1 apartment complex with another person he or she knows or 
2 reasonably should know is a convicted sex offender or has 
3 been placed on supervision for a sex offense; the 
4 provisions of this paragraph do not apply to a person 
5 convicted of a sex offense who is placed in a Department of 
6 Corrections licensed transitional housing facility for sex 
7 offenders;
8  (8.7) if convicted for an offense committed on or after 
9 June 1, 2008 (the effective date of Public Act 95-464) that 
10 would qualify the accused as a child sex offender as 
11 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
12 1961 or the Criminal Code of 2012, refrain from 
13 communicating with or contacting, by means of the Internet, 
14 a person who is not related to the accused and whom the 
15 accused reasonably believes to be under 18 years of age; 
16 for purposes of this paragraph (8.7), "Internet" has the 
17 meaning ascribed to it in Section 16-0.1 of the Criminal 
18 Code of 2012; and a person is not related to the accused if 
19 the person is not: (i) the spouse, brother, or sister of 
20 the accused; (ii) a descendant of the accused; (iii) a 
21 first or second cousin of the accused; or (iv) a step-child 
22 or adopted child of the accused;
23  (8.8) if convicted for an offense under Section 11-6, 
24 11-9.1, 11-14.4 that involves soliciting for a juvenile 
25 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
26 of the Criminal Code of 1961 or the Criminal Code of 2012, 
 
 
HB4354- 259 -LRB100 16397 SLF 31525 b


1 or any attempt to commit any of these offenses, committed 
2 on or after June 1, 2009 (the effective date of Public Act 
3 95-983):
4   (i) not access or use a computer or any other 
5 device with Internet capability without the prior 
6 written approval of the offender's probation officer, 
7 except in connection with the offender's employment or 
8 search for employment with the prior approval of the 
9 offender's probation officer;
10   (ii) submit to periodic unannounced examinations 
11 of the offender's computer or any other device with 
12 Internet capability by the offender's probation 
13 officer, a law enforcement officer, or assigned 
14 computer or information technology specialist, 
15 including the retrieval and copying of all data from 
16 the computer or device and any internal or external 
17 peripherals and removal of such information, 
18 equipment, or device to conduct a more thorough 
19 inspection;
20   (iii) submit to the installation on the offender's 
21 computer or device with Internet capability, at the 
22 offender's expense, of one or more hardware or software 
23 systems to monitor the Internet use; and
24   (iv) submit to any other appropriate restrictions 
25 concerning the offender's use of or access to a 
26 computer or any other device with Internet capability 
 
 
HB4354- 260 -LRB100 16397 SLF 31525 b


1 imposed by the offender's probation officer; 
2  (8.9) if convicted of a sex offense as defined in the 
3 Sex Offender
Registration Act committed on or after January 
4 1, 2010 (the effective date of Public Act 96-262), refrain 
5 from accessing or using a social networking website as 
6 defined in Section 17-0.5 of the Criminal Code of 2012;

7  (9) if convicted of a felony or of any misdemeanor 
8 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
9 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 
10 2012 that was determined, pursuant to Section 112A-11.1 of 
11 the Code of Criminal Procedure of 1963, to trigger the 
12 prohibitions of 18 U.S.C. 922(g)(9), physically surrender 
13 at a time and place
designated by the court, his or her 
14 Firearm
Owner's Identification Card and
any and all 
15 firearms in
his or her possession. The Court shall return 
16 to the Department of State Police Firearm Owner's 
17 Identification Card Office the person's Firearm Owner's 
18 Identification Card;


19  (10) if convicted of a sex offense as defined in 
20 subsection (a-5) of Section 3-1-2 of this Code, unless the 
21 offender is a parent or guardian of the person under 18 
22 years of age present in the home and no non-familial minors 
23 are present, not participate in a holiday event involving 
24 children under 18 years of age, such as distributing candy 
25 or other items to children on Halloween, wearing a Santa 
26 Claus costume on or preceding Christmas, being employed as 
 
 
HB4354- 261 -LRB100 16397 SLF 31525 b


1 a department store Santa Claus, or wearing an Easter Bunny 
2 costume on or preceding Easter; 
3  (11) if convicted of a sex offense as defined in 
4 Section 2 of the Sex Offender Registration Act committed on 
5 or after January 1, 2010 (the effective date of Public Act 
6 96-362) that requires the person to register as a sex 
7 offender under that Act, may not knowingly use any computer 
8 scrub software on any computer that the sex offender uses; 
9  (12) if convicted of a violation of the Methamphetamine 
10 Control and Community Protection Act, the Methamphetamine

11 Precursor Control Act, or a methamphetamine related 
12 offense:
13   (A) prohibited from purchasing, possessing, or 
14 having under his or her control any product containing 
15 pseudoephedrine unless prescribed by a physician; and
16   (B) prohibited from purchasing, possessing, or 
17 having under his or her control any product containing 
18 ammonium nitrate; and
19  (13) if convicted of a hate crime involving the 
20 protected class identified in subsection (a) of Section 
21 12-7.1 of the Criminal Code of 2012 that gave rise to the 
22 offense the offender committed, perform public or 
23 community service of no less than 200 hours and enroll in 
24 an educational program discouraging hate crimes that 
25 includes racial, ethnic, and cultural sensitivity training 
26 ordered by the court. 
 
 
HB4354- 262 -LRB100 16397 SLF 31525 b


1 (b) The Court may in addition to other reasonable 
2conditions relating to the
nature of the offense or the 
3rehabilitation of the defendant as determined for
each 
4defendant in the proper discretion of the Court require that 
5the person:


6  (1) serve a term of periodic imprisonment under Article 
7 7 for a
period not to exceed that specified in paragraph 
8 (d) of Section 5-7-1;


9  (2) pay a fine and costs;


10  (3) work or pursue a course of study or vocational 
11 training;


12  (4) undergo medical, psychological or psychiatric 
13 treatment; or treatment
for drug addiction or alcoholism;


14  (5) attend or reside in a facility established for the 
15 instruction
or residence of defendants on probation;


16  (6) support his dependents;


17  (7) and in addition, if a minor:


18   (i) reside with his parents or in a foster home;


19   (ii) attend school;


20   (iii) attend a non-residential program for youth;


21   (iv) contribute to his own support at home or in a 
22 foster home;


23   (v) with the consent of the superintendent of the

24 facility, attend an educational program at a facility 
25 other than the school
in which the
offense was 
26 committed if he
or she is convicted of a crime of 
 
 
HB4354- 263 -LRB100 16397 SLF 31525 b


1 violence as
defined in
Section 2 of the Crime Victims 
2 Compensation Act committed in a school, on the
real

3 property
comprising a school, or within 1,000 feet of 
4 the real property comprising a
school;


5  (8) make restitution as provided in Section 5-5-6 of 
6 this Code;


7  (9) perform some reasonable public or community 
8 service;


9  (10) serve a term of home confinement. In addition to 
10 any other
applicable condition of probation or conditional 
11 discharge, the
conditions of home confinement shall be that 
12 the offender:


13   (i) remain within the interior premises of the 
14 place designated for
his confinement during the hours 
15 designated by the court;


16   (ii) admit any person or agent designated by the 
17 court into the
offender's place of confinement at any 
18 time for purposes of verifying
the offender's 
19 compliance with the conditions of his confinement; and


20   (iii) if further deemed necessary by the court or 
21 the
Probation or
Court Services Department, be placed 
22 on an approved
electronic monitoring device, subject 
23 to Article 8A of Chapter V;


24   (iv) for persons convicted of any alcohol, 
25 cannabis or controlled
substance violation who are 
26 placed on an approved monitoring device as a
condition 
 
 
HB4354- 264 -LRB100 16397 SLF 31525 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 offender 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
for 
14 deposit in the substance abuse services fund under 
15 Section 5-1086.1 of
the Counties Code, except as 
16 provided in an administrative order of the Chief Judge 
17 of the circuit court.
18   The Chief Judge of the circuit court of the county 
19 may by administrative order establish a program for 
20 electronic monitoring of offenders, in which a vendor 
21 supplies and monitors the operation of the electronic 
22 monitoring device, and collects the fees on behalf of 
23 the county. The program shall include provisions for 
24 indigent offenders and the collection of unpaid fees. 
25 The program shall not unduly burden the offender and 
26 shall be subject to review by the Chief Judge.
 
 
HB4354- 265 -LRB100 16397 SLF 31525 b


1   The Chief Judge of the circuit court may suspend 
2 any additional charges or fees for late payment, 
3 interest, or damage to any device; and


4   (v) for persons convicted of offenses other than 
5 those referenced in
clause (iv) above and who are 
6 placed on an approved monitoring device as a
condition 
7 of probation or conditional discharge, the court shall 
8 impose
a reasonable fee for each day of the use of the 
9 device, as established by the
county board in 
10 subsection (g) of this Section, unless after 
11 determining the
inability of the defendant to pay the 
12 fee, the court assesses a lesser fee or
no fee as the 
13 case may be. This fee shall be imposed in addition to 
14 the fees
imposed under subsections (g) and (i) of this 
15 Section. The fee
shall be collected by the clerk of the 
16 circuit court, except as provided in an administrative 
17 order of the Chief Judge of the circuit court. The 
18 clerk of the circuit
court shall pay all monies 
19 collected from this fee
to the county treasurer who 
20 shall use the monies collected to defray the
costs of 
21 corrections. The county treasurer shall deposit the 
22 fee
collected in the probation and court services fund.

23 The Chief Judge of the circuit court of the county may 
24 by administrative order establish a program for 
25 electronic monitoring of offenders, in which a vendor 
26 supplies and monitors the operation of the electronic 
 
 
HB4354- 266 -LRB100 16397 SLF 31525 b


1 monitoring device, and collects the fees on behalf of 
2 the county. The program shall include provisions for 
3 indigent offenders and the collection of unpaid fees. 
4 The program shall not unduly burden the offender and 
5 shall be subject to review by the Chief Judge. 

6   The Chief Judge of the circuit court may suspend 
7 any additional charges or fees for late payment, 
8 interest, or damage to any device. 
9  (11) comply with the terms and conditions of an order 
10 of protection issued
by the court pursuant to the Illinois 
11 Domestic Violence Act of 1986,
as now or hereafter amended, 
12 or an order of protection issued by the court of
another 
13 state, tribe, or United States territory. A copy of the 
14 order of
protection shall be
transmitted to the probation 
15 officer or agency
having responsibility for the case;


16  (12) reimburse any "local anti-crime program" as 
17 defined in Section 7
of the Anti-Crime Advisory Council Act 
18 for any reasonable expenses incurred
by the program on the 
19 offender's case, not to exceed the maximum amount of
the 
20 fine authorized for the offense for which the defendant was 
21 sentenced;


22  (13) contribute a reasonable sum of money, not to 
23 exceed the maximum
amount of the fine authorized for the

24 offense for which the defendant was sentenced, (i) to a 
25 "local anti-crime
program", as defined in Section 7 of the 
26 Anti-Crime Advisory Council Act, or (ii) for offenses under 
 
 
HB4354- 267 -LRB100 16397 SLF 31525 b


1 the jurisdiction of the Department of Natural Resources, to 
2 the fund established by the Department of Natural Resources 
3 for the purchase of evidence for investigation purposes and 
4 to conduct investigations as outlined in Section 805-105 of 
5 the Department of Natural Resources (Conservation) Law;


6  (14) refrain from entering into a designated 
7 geographic area except upon
such terms as the court finds 
8 appropriate. Such terms may include
consideration of the 
9 purpose of the entry, the time of day, other persons

10 accompanying the defendant, and advance approval by a

11 probation officer, if
the defendant has been placed on 
12 probation or advance approval by the
court, if the 
13 defendant was placed on conditional discharge;


14  (15) refrain from having any contact, directly or 
15 indirectly, with
certain specified persons or particular 
16 types of persons, including but not
limited to members of 
17 street gangs and drug users or dealers;


18  (16) refrain from having in his or her body the 
19 presence of any illicit
drug prohibited by the Cannabis 
20 Control Act, the Illinois Controlled
Substances Act, or the 
21 Methamphetamine Control and Community Protection Act, 
22 unless prescribed by a physician, and submit samples of
his 
23 or her blood or urine or both for tests to determine the 
24 presence of any
illicit drug;

25  (17) if convicted for an offense committed on or after 
26 June 1, 2008 (the effective date of Public Act 95-464) that 
 
 
HB4354- 268 -LRB100 16397 SLF 31525 b


1 would qualify the accused as a child sex offender as 
2 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
3 1961 or the Criminal Code of 2012, refrain from 
4 communicating with or contacting, by means of the Internet, 
5 a person who is related to the accused and whom the accused 
6 reasonably believes to be under 18 years of age; for 
7 purposes of this paragraph (17), "Internet" has the meaning 
8 ascribed to it in Section 16-0.1 of the Criminal Code of 
9 2012; and a person is related to the accused if the person 
10 is: (i) the spouse, brother, or sister of the accused; (ii) 
11 a descendant of the accused; (iii) a first or second cousin 
12 of the accused; or (iv) a step-child or adopted child of 
13 the accused;
14  (18) if convicted for an offense committed on or after 
15 June 1, 2009 (the effective date of Public Act 95-983) that 
16 would qualify as a sex offense as defined in the Sex 
17 Offender Registration Act:
18   (i) not access or use a computer or any other 
19 device with Internet capability without the prior 
20 written approval of the offender's probation officer, 
21 except in connection with the offender's employment or 
22 search for employment with the prior approval of the 
23 offender's probation officer;
24   (ii) submit to periodic unannounced examinations 
25 of the offender's computer or any other device with 
26 Internet capability by the offender's probation 
 
 
HB4354- 269 -LRB100 16397 SLF 31525 b


1 officer, a law enforcement officer, or assigned 
2 computer or information technology specialist, 
3 including the retrieval and copying of all data from 
4 the computer or device and any internal or external 
5 peripherals and removal of such information, 
6 equipment, or device to conduct a more thorough 
7 inspection;
8   (iii) submit to the installation on the offender's 
9 computer or device with Internet capability, at the 
10 subject's expense, of one or more hardware or software 
11 systems to monitor the Internet use; and
12   (iv) submit to any other appropriate restrictions 
13 concerning the offender's use of or access to a 
14 computer or any other device with Internet capability 
15 imposed by the offender's probation officer; and 
16  (19) refrain from possessing a firearm or other 
17 dangerous weapon where the offense is a misdemeanor that 
18 did not involve the intentional or knowing infliction of 
19 bodily harm or threat of bodily harm. 
20 (c) The court may as a condition of probation or of 
21conditional
discharge require that a person under 18 years of 
22age found guilty of any
alcohol, cannabis or controlled 
23substance violation, refrain from acquiring
a driver's license 
24during
the period of probation or conditional discharge. If 
25such person
is in possession of a permit or license, the court 
26may require that
the minor refrain from driving or operating 
 
 
HB4354- 270 -LRB100 16397 SLF 31525 b


1any motor vehicle during the
period of probation or conditional 
2discharge, except as may be necessary in
the course of the 
3minor's lawful employment.


4 (d) An offender sentenced to probation or to conditional 
5discharge
shall be given a certificate setting forth the 
6conditions thereof.


7 (e) Except where the offender has committed a fourth or 
8subsequent
violation of subsection (c) of Section 6-303 of the 
9Illinois Vehicle Code,
the court shall not require as a 
10condition of the sentence of
probation or conditional discharge 
11that the offender be committed to a
period of imprisonment in 
12excess of 6 months.
This 6-month 6 month limit shall not 
13include periods of confinement given pursuant to
a sentence of 
14county impact incarceration under Section 5-8-1.2.

15 Persons committed to imprisonment as a condition of 
16probation or
conditional discharge shall not be committed to 
17the Department of
Corrections.


18 (f) The court may combine a sentence of periodic 
19imprisonment under
Article 7 or a sentence to a county impact 
20incarceration program under
Article 8 with a sentence of 
21probation or conditional discharge.


22 (g) An offender sentenced to probation or to conditional 
23discharge and
who during the term of either undergoes mandatory 
24drug or alcohol testing,
or both, or is assigned to be placed 
25on an approved electronic monitoring
device, shall be ordered 
26to pay all costs incidental to such mandatory drug
or alcohol 
 
 
HB4354- 271 -LRB100 16397 SLF 31525 b


1testing, or both, and all costs
incidental to such approved 
2electronic monitoring in accordance with the
defendant's 
3ability to pay those costs. The county board with
the 
4concurrence of the Chief Judge of the judicial
circuit in which 
5the county is located shall establish reasonable fees for
the 
6cost of maintenance, testing, and incidental expenses related 
7to the
mandatory drug or alcohol testing, or both, and all 
8costs incidental to
approved electronic monitoring, involved 
9in a successful probation program
for the county. The 
10concurrence of the Chief Judge shall be in the form of
an 
11administrative order.
The fees shall be collected by the clerk 
12of the circuit court, except as provided in an administrative 
13order of the Chief Judge of the circuit court. The clerk of
the 
14circuit court shall pay all moneys collected from these fees to 
15the county
treasurer who shall use the moneys collected to 
16defray the costs of
drug testing, alcohol testing, and 
17electronic monitoring.
The county treasurer shall deposit the 
18fees collected in the
county working cash fund under Section 
196-27001 or Section 6-29002 of the
Counties Code, as the case 
20may be.
The Chief Judge of the circuit court of the county may 
21by administrative order establish a program for electronic 
22monitoring of offenders, in which a vendor supplies and 
23monitors the operation of the electronic monitoring device, and 
24collects the fees on behalf of the county. The program shall 
25include provisions for indigent offenders and the collection of 
26unpaid fees. The program shall not unduly burden the offender 
 
 
HB4354- 272 -LRB100 16397 SLF 31525 b


1and shall be subject to review by the Chief Judge. 

2 The Chief Judge of the circuit court may suspend any 
3additional charges or fees for late payment, interest, or 
4damage to any device. 
5 (h) Jurisdiction over an offender may be transferred from 
6the
sentencing court to the court of another circuit with the 
7concurrence of
both courts. Further transfers or retransfers of

8jurisdiction are also
authorized in the same manner. The court 
9to which jurisdiction has been
transferred shall have the same 
10powers as the sentencing court.
The probation department within 
11the circuit to which jurisdiction has been transferred, or 
12which has agreed to provide supervision, may impose probation 
13fees upon receiving the transferred offender, as provided in 
14subsection (i). For all transfer cases, as defined in Section 
159b of the Probation and Probation Officers Act, the probation 
16department from the original sentencing court shall retain all 
17probation fees collected prior to the transfer. After the 
18transfer,
all probation fees shall be paid to the probation 
19department within the
circuit to which jurisdiction has been 
20transferred.

21 (i) The court shall impose upon an offender
sentenced to 
22probation after January 1, 1989 or to conditional discharge

23after January 1, 1992 or to community service under the 
24supervision of a
probation or court services department after 
25January 1, 2004, as a condition of such probation or 
26conditional
discharge or supervised community service, a fee of 
 
 
HB4354- 273 -LRB100 16397 SLF 31525 b


1$50
for each month of probation or
conditional
discharge 
2supervision or supervised community service ordered by the 
3court, unless after
determining the inability of the person 
4sentenced to probation or conditional
discharge or supervised 
5community service to pay the
fee, the court assesses a lesser 
6fee. The court may not impose the fee on a
minor who is placed 
7in the guardianship or custody of the Department of Children 
8and Family Services under the Juvenile Court Act of 1987
while 
9the minor is in placement.
The fee shall be imposed only upon

10an offender who is actively supervised by the
probation and 
11court services
department. The fee shall be collected by the 
12clerk
of the circuit court. The clerk of the circuit court 
13shall pay all monies
collected from this fee to the county 
14treasurer for deposit in the
probation and court services fund 
15under Section 15.1 of the
Probation and Probation Officers Act.

16 A circuit court may not impose a probation fee under this 
17subsection (i) in excess of $25
per month unless the circuit 
18court has adopted, by administrative
order issued by the chief 
19judge, a standard probation fee guide
determining an offender's 
20ability to pay Of the
amount collected as a probation fee, up 
21to $5 of that fee
collected per month may be used to provide 
22services to crime victims
and their families.
23 The Court may only waive probation fees based on an 
24offender's ability to pay. The probation department may 
25re-evaluate an offender's ability to pay every 6 months, and, 
26with the approval of the Director of Court Services or the 
 
 
HB4354- 274 -LRB100 16397 SLF 31525 b


1Chief Probation Officer, adjust the monthly fee amount. An 
2offender may elect to pay probation fees due in a lump sum.
Any 
3offender that has been assigned to the supervision of a 
4probation department, or has been transferred either under 
5subsection (h) of this Section or under any interstate compact, 
6shall be required to pay probation fees to the department 
7supervising the offender, based on the offender's ability to 
8pay.


9 Public Act 93-970 This amendatory Act of the 93rd General 
10Assembly deletes the $10 increase in the fee under this 
11subsection that was imposed by Public Act 93-616. This deletion 
12is intended to control over any other Act of the 93rd General 
13Assembly that retains or incorporates that fee increase.
14 (i-5) In addition to the fees imposed under subsection (i) 
15of this Section, in the case of an offender convicted of a 
16felony sex offense (as defined in the Sex Offender Management 
17Board Act) or an offense that the court or probation department 
18has determined to be sexually motivated (as defined in the Sex 
19Offender Management Board Act), the court or the probation 
20department shall assess additional fees to pay for all costs of 
21treatment, assessment, evaluation for risk and treatment, and 
22monitoring the offender, based on that offender's ability to 
23pay those costs either as they occur or under a payment plan.
24 (j) All fines and costs imposed under this Section for any 
25violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
26Code, or a similar
provision of a local ordinance, and any 
 
 
HB4354- 275 -LRB100 16397 SLF 31525 b


1violation of the Child Passenger
Protection Act, or a similar 
2provision of a local ordinance, shall be
collected and 
3disbursed by the circuit clerk as provided under Section 27.5

4of the Clerks of Courts Act.


5 (k) Any offender who is sentenced to probation or 
6conditional discharge for a felony sex offense as defined in 
7the Sex Offender Management Board Act or any offense that the 
8court or probation department has determined to be sexually 
9motivated as defined in the Sex Offender Management Board Act 
10shall be required to refrain from any contact, directly or 
11indirectly, with any persons specified by the court and shall 
12be available for all evaluations and treatment programs 
13required by the court or the probation department.

14 (l) The court may order an offender who is sentenced to 
15probation or conditional
discharge for a violation of an order 
16of protection be placed under electronic surveillance as 
17provided in Section 5-8A-7 of this Code. 
18(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16; 
19100-159, eff. 8-18-17; 100-260, eff. 1-1-18; revised 10-5-17.)

20 Section 100. The Stalking No Contact Order Act is amended 
21by changing Section 80 as follows:

22 (740 ILCS 21/80)

23 Sec. 80. Stalking no contact orders; remedies.
24 (a) If the court finds that the petitioner has been a 
 
 
HB4354- 276 -LRB100 16397 SLF 31525 b


1victim of stalking, a stalking no contact order shall issue; 
2provided that the petitioner must also satisfy the requirements 
3of Section 95 on emergency orders or Section 100 on plenary 
4orders. The petitioner shall not be denied a stalking no 
5contact order because the petitioner or the respondent is a 
6minor. The court, when determining whether or not to issue a 
7stalking no contact order, may not require physical injury on 
8the person of the petitioner. Modification and extension of 
9prior stalking no contact orders shall be in accordance with 
10this Act.
11 (b) A stalking no contact order shall order one or more of 
12the following:
13  (1) prohibit the respondent from threatening to commit 
14 or committing stalking;
15  (2) order the respondent not to have any contact with 
16 the petitioner or a third person specifically named by the 
17 court;
18  (3) prohibit the respondent from knowingly coming 
19 within, or knowingly remaining within a specified distance 
20 of the petitioner or the petitioner's residence, school, 
21 daycare, or place of employment, or any specified place 
22 frequented by the petitioner; however, the court may order 
23 the respondent to stay away from the respondent's own 
24 residence, school, or place of employment only if the 
25 respondent has been provided actual notice of the 
26 opportunity to appear and be heard on the petition;
 
 
HB4354- 277 -LRB100 16397 SLF 31525 b


1  (4) prohibit the respondent from possessing a Firearm 
2 Owners Identification Card, or possessing or buying 
3 firearms; and
4  (5) order other injunctive relief the court determines 
5 to be necessary to protect the petitioner or third party 
6 specifically named by the court.
7 (b-5) When the petitioner and the respondent attend the 
8same public, private, or non-public elementary, middle, or high 
9school, the court when issuing a stalking no contact order and 
10providing relief shall consider the severity of the act, any 
11continuing physical danger or emotional distress to the 
12petitioner, the educational rights guaranteed to the 
13petitioner and respondent under federal and State law, the 
14availability of a transfer of the respondent to another school, 
15a change of placement or a change of program of the respondent, 
16the expense, difficulty, and educational disruption that would 
17be caused by a transfer of the respondent to another school, 
18and any other relevant facts of the case. The court may order 
19that the respondent not attend the public, private, or 
20non-public elementary, middle, or high school attended by the 
21petitioner, order that the respondent accept a change of 
22placement or program, as determined by the school district or 
23private or non-public school, or place restrictions on the 
24respondent's movements within the school attended by the 
25petitioner.
The respondent bears the burden of proving by a 
26preponderance of the evidence that a transfer, change of 
 
 
HB4354- 278 -LRB100 16397 SLF 31525 b


1placement, or change of program of the respondent is not 
2available. The respondent also bears the burden of production 
3with respect to the expense, difficulty, and educational 
4disruption that would be caused by a transfer of the respondent 
5to another school. A transfer, change of placement, or change 
6of program is not unavailable to the respondent solely on the 
7ground that the respondent does not agree with the school 
8district's or private or non-public school's transfer, change 
9of placement, or change of program or solely on the ground that 
10the respondent fails or refuses to consent to or otherwise does 
11not take an action required to effectuate a transfer, change of 
12placement, or change of program.
When a court orders a 
13respondent to stay away from the public, private, or non-public 
14school attended by the petitioner and the respondent requests a 
15transfer to another attendance center within the respondent's 
16school district or private or non-public school, the school 
17district or private or non-public school shall have sole 
18discretion to determine the attendance center to which the 
19respondent is transferred.
In the event the court order results 
20in a transfer of the minor respondent to another attendance 
21center, a change in the respondent's placement, or a change of 
22the respondent's program, the parents, guardian, or legal 
23custodian of the respondent is responsible for transportation 
24and other costs associated with the transfer or change. 
25 (b-6) The court may order the parents, guardian, or legal 
26custodian of a minor respondent to take certain actions or to 
 
 
HB4354- 279 -LRB100 16397 SLF 31525 b


1refrain from taking certain actions to ensure that the 
2respondent complies with the order. In the event the court 
3orders a transfer of the respondent to another school, the 
4parents, guardian, or legal custodian of the respondent are 
5responsible for transportation and other costs associated with 
6the change of school by the respondent. 
7 (b-7) The court shall not hold a school district or private 
8or non-public school or any of its employees in civil or 
9criminal contempt unless the school district or private or 
10non-public school has been allowed to intervene.
11 (b-8) The court may hold the parents, guardian, or legal 
12custodian of a minor respondent in civil or criminal contempt 
13for a violation of any provision of any order entered under 
14this Act for conduct of the minor respondent in violation of 
15this Act if the
parents, guardian, or legal custodian directed, 
16encouraged, or assisted the respondent minor in such conduct. 
17 (c) The court may award the petitioner costs and attorneys 
18fees if a stalking no contact order is granted.
19 (d) Monetary damages are not recoverable as a remedy.
20 (e) If the stalking no contact order prohibits the 
21respondent from possessing a Firearm Owner's Identification 
22Card, or possessing or buying firearms; the court shall 
23confiscate the respondent's firearms Firearm Owner's 
24Identification Card and immediately return the card to the 
25Department of State Police Firearm Owner's Identification Card 
26Office.


 
 
HB4354- 280 -LRB100 16397 SLF 31525 b


1(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12; 
297-1131, eff. 1-1-13.)

3 Section 105. The Mental Health and Developmental 
4Disabilities Confidentiality Act is amended by changing 
5Section 12 as follows:



6 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)


7 Sec. 12. (a) If the United States Secret Service or the 
8Department of
State Police requests information from a mental 
9health or developmental
disability facility, as defined in 
10Section 1-107 and 1-114 of the Mental
Health and Developmental 
11Disabilities Code, relating to a specific
recipient and the 
12facility director determines that disclosure of such

13information may be necessary to protect the life of, or to 
14prevent
the infliction of great bodily harm to, a public 
15official,
or a person under the protection of the United
States 
16Secret Service, only the following information
may be 
17disclosed: the recipient's name, address, and age and the date 
18of
any admission to or discharge from a facility; and any 
19information which
would indicate whether or not the recipient 
20has a history of violence or
presents a danger of violence to 
21the person under protection. Any information
so disclosed shall 
22be used for investigative purposes only and shall not
be 
23publicly disseminated.
Any person participating in good faith 
24in the disclosure of such
information in accordance with this 
 
 
HB4354- 281 -LRB100 16397 SLF 31525 b


1provision shall have immunity from any
liability, civil, 
2criminal or otherwise, if such information is disclosed
relying 
3upon the representation of an officer of the United States 
4Secret
Service or the Department of State Police that a person 
5is under the
protection of the United States Secret Service or 
6is a public official.

7 For the purpose of this subsection (a), the term "public 
8official" means
the Governor, Lieutenant Governor, Attorney 
9General, Secretary of State,
State Comptroller, State 
10Treasurer, member of the General Assembly, member of the United 
11States Congress, Judge of the United States as defined in 28 
12U.S.C. 451, Justice of the United States as defined in 28 
13U.S.C. 451, United States Magistrate Judge as defined in 28 
14U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or 
15Supreme, Appellate, Circuit, or Associate Judge of the State of 
16Illinois. The
term shall also include the spouse, child or 
17children of a public official.

18 (b) The Department of Human Services (acting as successor 
19to the
Department of Mental Health and Developmental 
20Disabilities) and all
public or private hospitals and mental 
21health facilities are required, as hereafter described in this 
22subsection,
to furnish the Department of State Police only such 
23information as may
be required for the sole purpose of 
24determining whether an individual who
may be or may have been a 
25patient is disqualified because of that status
from receiving 
26or retaining a firearm under paragraph (4) of subsection (a) of 
 
 
HB4354- 282 -LRB100 16397 SLF 31525 b


1Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's 
2Identification Card or falls within the federal prohibitors 
3under subsection (e), (f), (g), (r), (s), or (t) of Section 8 
4of the Firearm Owners Identification Card Act, or falls within 
5the federal prohibitors in 18 U.S.C. 922(g) and (n). All 
6physicians, clinical psychologists, or qualified examiners at 
7public or private mental health facilities or parts thereof as 
8defined in this subsection shall, in the form and manner 
9required
by the Department, provide notice directly to the 
10Department of Human Services, or to his or her employer who 
11shall then report to the Department, within 24 hours after 
12determining that a person poses a clear and present danger to 
13himself, herself, or others, or within 7 days after a person 14 
14years or older is determined to be a person with a 
15developmental disability by a physician, clinical 
16psychologist, or qualified examiner as described in this 
17subsection (b) Section 1.1 of the Firearm Owners Identification 
18Card Act. If a person is a patient as described in clause 
19(2)(A) (1) of the definition of "patient" in (2)(A) Section 1.1 
20of the Firearm Owners Identification Card Act, this information 
21shall be furnished within 7 days after
admission to a public or 
22private hospital or mental health facility or the provision of 
23services. Any such information disclosed under
this subsection 
24shall
remain privileged and confidential, and shall not be 
25redisclosed, except as required by clause (e)(2) of Section 
2624-4.5 of the Criminal Code of 2012 subsection (e) of Section 
 
 
HB4354- 283 -LRB100 16397 SLF 31525 b


13.1 of the Firearm Owners Identification Card Act, nor utilized

2for any other purpose. The method of requiring the providing of 
3such
information shall guarantee that no information is 
4released beyond what
is necessary for this purpose. In 
5addition, the information disclosed
shall be provided
by the 
6Department within the time period established by Section 24-3 
7of the
Criminal Code of 2012 regarding the delivery of 
8firearms. The method used
shall be sufficient to provide the 
9necessary information within the
prescribed time period, which 
10may include periodically providing
lists to the Department of 
11Human Services
or any public or private hospital or mental 
12health facility of Firearm Owner's Identification Card 
13applicants for firearm purchases
on which the Department or 
14hospital shall indicate the identities of those
individuals who 
15are to its knowledge disqualified from having a firearm Firearm

16Owner's Identification Card for reasons described herein. The 
17Department
may provide for a centralized source
of information 
18for the State on this subject under its jurisdiction. The 
19identity of the person reporting under this subsection shall 
20not be disclosed to the subject of the report. For the purposes 
21of this subsection, the physician, clinical psychologist, or 
22qualified examiner making the determination and his or her 
23employer shall not be held criminally, civilly, or 
24professionally liable for making or not making the notification 
25required under this subsection, except for willful or wanton 
26misconduct. 

 
 
HB4354- 284 -LRB100 16397 SLF 31525 b


1 Any person, institution, or agency, under this Act, 
2participating in
good faith in the reporting or disclosure of 
3records and communications
otherwise in accordance with this 
4provision or with rules, regulations or
guidelines issued by 
5the Department shall have immunity from any
liability, civil, 
6criminal or otherwise, that might result by reason of the

7action. For the purpose of any proceeding, civil or criminal,

8arising out of a report or disclosure in accordance with this 
9provision,
the good faith of any person,
institution, or agency 
10so reporting or disclosing shall be presumed. The
full extent 
11of the immunity provided in this subsection (b) shall apply to

12any person, institution or agency that fails to make a report 
13or disclosure
in the good faith belief that the report or 
14disclosure would violate
federal regulations governing the 
15confidentiality of alcohol and drug abuse
patient records 
16implementing 42 U.S.C. 290dd-3 and 290ee-3.

17 For purposes of this subsection (b) only, the following 
18terms shall have
the meaning prescribed:

19  (1) (Blank).

20  (1.3) "Clear and present danger" has the meaning as 
21 defined in Section 6-103.3 of the Mental Health and 
22 Developmental Disabilities Code 1.1 of the Firearm Owners 
23 Identification Card Act. 
24  (1.5) "Person with a developmental disability" 6-103.3 
25 of the Mental Health and Developmental Disabilities Code 
26 has the meaning as defined in Section 1.1 of the Firearm 
 
 
HB4354- 285 -LRB100 16397 SLF 31525 b


1 Owners Identification Card Act.
2  (2) "Patient" means (A) a person who voluntarily 
3 receives mental health treatment as an in-patient or 
4 resident of any public or private mental health facility, 
5 unless the treatment was solely for an alcohol abuse 
6 disorder and no other secondary substance abuse disorder or 
7 mental illness; or (B) a person who voluntarily receives 
8 mental health treatment as an out-patient or is provided 
9 services by a public or private mental health facility, and 
10 who poses a clear and present danger to himself, herself, 
11 or to others has the meaning as defined in Section 1.1 of 
12 the Firearm Owners Identification Card Act.

13  (3) "Mental health facility" means any licensed 
14 private hospital or hospital affiliate, institution, or 
15 facility, or part thereof, and any facility, or part 
16 thereof, operated by the State or a political subdivision 
17 thereof which provide treatment of persons with mental 
18 illness and includes all hospitals, institutions, clinics, 
19 evaluation facilities, mental health centers, colleges, 
20 universities, long-term care facilities, and nursing 
21 homes, or parts thereof, which provide treatment of persons 
22 with mental illness whether or not the primary purpose is 
23 to provide treatment of persons with mental illness has the 
24 meaning as defined in Section 1.1 of the Firearm Owners 
25 Identification Card Act.

26 (c) Upon the request of a peace officer who takes a person 
 
 
HB4354- 286 -LRB100 16397 SLF 31525 b


1into custody
and transports such person to a mental health or 
2developmental disability
facility pursuant to Section 3-606 or 
34-404 of the Mental Health and
Developmental Disabilities Code 
4or who transports a person from such facility,
a facility 
5director shall furnish said peace officer the name, address, 
6age
and name of the nearest relative of the person transported 
7to or from the
mental health or developmental disability 
8facility. In no case shall the
facility director disclose to 
9the peace officer any information relating to the
diagnosis, 
10treatment or evaluation of the person's mental or physical 
11health.

12 For the purposes of this subsection (c), the terms "mental 
13health or
developmental disability facility", "peace officer" 
14and "facility director"
shall have the meanings ascribed to 
15them in the Mental Health and
Developmental Disabilities Code.

16 (d) Upon the request of a peace officer or prosecuting 
17authority who is
conducting a bona fide investigation of a 
18criminal offense, or attempting to
apprehend a fugitive from 
19justice,
a facility director may disclose whether a person is 
20present at the facility.
Upon request of a peace officer or 
21prosecuting authority who has a valid
forcible felony warrant 
22issued, a facility director shall disclose: (1) whether
the 
23person who is the subject of the warrant is present at the 
24facility and (2)
the
date of that person's discharge or future 
25discharge from the facility.
The requesting peace officer or 
26prosecuting authority must furnish a case
number and the 
 
 
HB4354- 287 -LRB100 16397 SLF 31525 b


1purpose of the investigation or an outstanding arrest warrant 
2at
the time of the request. Any person, institution, or agency

3participating in good faith in disclosing such information in 
4accordance with
this subsection (d) is immune from any 
5liability, civil, criminal or
otherwise, that might result by 
6reason of the action.

7(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, 
8eff. 7-27-15; 99-642, eff. 7-28-16.)


9 Section 110. The Illinois Domestic Violence Act of 1986 is 
10amended by changing Section 214 as follows:



11 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)


12 Sec. 214. Order of protection; remedies. 

13 (a) Issuance of order. If the court finds that petitioner 
14has been
abused by a family or household member or that 
15petitioner is a high-risk
adult who has been abused, neglected, 
16or exploited, as defined in this Act,
an order of protection 
17prohibiting the abuse, neglect, or exploitation
shall issue; 
18provided that petitioner must also satisfy the requirements of

19one of the following Sections, as appropriate: Section 217 on 
20emergency
orders, Section 218 on interim orders, or Section 219 
21on plenary orders.
Petitioner shall not be denied an order of 
22protection because petitioner or
respondent is a minor. The 
23court, when determining whether or not to issue
an order of 
24protection, shall not require physical manifestations of abuse

 
 
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1on the person of the victim. Modification and extension of 
2prior
orders of protection shall be in accordance with this 
3Act.

4 (b) Remedies and standards. The remedies to be included in 
5an order of
protection shall be determined in accordance with 
6this Section and one of
the following Sections, as appropriate: 
7Section 217 on emergency orders,
Section 218 on interim orders, 
8and Section 219 on plenary orders. The
remedies listed in this 
9subsection shall be in addition to other civil or
criminal 
10remedies available to petitioner.

11  (1) Prohibition of abuse, neglect, or exploitation. 
12 Prohibit
respondent's harassment, interference with 
13 personal liberty, intimidation
of a dependent, physical 
14 abuse, or willful deprivation, neglect or
exploitation, as 
15 defined in this Act, or stalking of the petitioner, as 
16 defined
in Section 12-7.3 of the Criminal Code of 2012, if 
17 such abuse, neglect,
exploitation, or stalking has 
18 occurred or otherwise appears likely to occur if
not 
19 prohibited.

20  (2) Grant of exclusive possession of residence. 
21 Prohibit respondent from
entering or remaining in any 
22 residence, household, or premises of the petitioner,

23 including one owned or leased by respondent, if petitioner 
24 has a right to
occupancy thereof. The grant of exclusive 
25 possession of the residence, household, or premises shall 
26 not
affect title to real property, nor shall the court be 
 
 
HB4354- 289 -LRB100 16397 SLF 31525 b


1 limited by the standard
set forth in Section 701 of the 
2 Illinois Marriage and Dissolution of Marriage
Act.

3   (A) Right to occupancy. A party has a right to 
4 occupancy of a
residence or household if it is solely 
5 or jointly owned or leased by that
party, that party's 
6 spouse, a person with a legal duty to support that 
7 party or
a minor child in that party's care, or by any 
8 person or entity other than the
opposing party that 
9 authorizes that party's occupancy (e.g., a domestic

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

12   (B) Presumption of hardships. If petitioner and 
13 respondent
each has the right to occupancy of a 
14 residence or household, the court
shall balance (i) the 
15 hardships to respondent and any minor child or

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

19 petitioner's care resulting from continued exposure to 
20 the risk of abuse
(should petitioner remain at the 
21 residence or household) or from loss of
possession of 
22 the residence or household (should petitioner leave to 
23 avoid the
risk of abuse). When determining the balance 
24 of hardships, the court shall
also take into account 
25 the accessibility of the residence or household.

26 Hardships need not be balanced if respondent does not 
 
 
HB4354- 290 -LRB100 16397 SLF 31525 b


1 have a right to
occupancy.

2   The balance of hardships is presumed to favor 
3 possession by
petitioner unless the presumption is 
4 rebutted by a preponderance of the
evidence, showing 
5 that the hardships to respondent substantially 
6 outweigh
the hardships to petitioner and any minor 
7 child or dependent adult in
petitioner's care. The 
8 court, on the request of petitioner or on its own

9 motion, may order respondent to provide suitable, 
10 accessible, alternate housing
for petitioner instead 
11 of excluding respondent from a mutual residence or

12 household.

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

15 protected by the order of protection, or prohibit 
16 respondent from entering
or remaining present at 
17 petitioner's school, place of employment, or other

18 specified places at times when petitioner is present, or 
19 both, if
reasonable, given the balance of hardships. 
20 Hardships need not be balanced for
the court to enter a 
21 stay away order or prohibit entry if respondent has no

22 right to enter the premises.

23   (A) If an order of protection grants petitioner 
24 exclusive possession
of the residence, or prohibits 
25 respondent from entering the residence,
or orders 
26 respondent to stay away from petitioner or other

 
 
HB4354- 291 -LRB100 16397 SLF 31525 b


1 protected persons, then the court may allow respondent 
2 access to the
residence to remove items of clothing and 
3 personal adornment
used exclusively by respondent, 
4 medications, and other items as the court
directs. The 
5 right to access shall be exercised on only one occasion 
6 as the
court directs and in the presence of an 
7 agreed-upon adult third party or law
enforcement 
8 officer.

9   (B) When the petitioner and the respondent attend 
10 the same public, private, or non-public elementary, 
11 middle, or high school, the court when issuing an order 
12 of protection and providing relief shall consider the 
13 severity of the act, any continuing physical danger or 
14 emotional distress to the petitioner, the educational 
15 rights guaranteed to the petitioner and respondent 
16 under federal and State law, the availability of a 
17 transfer of the respondent to another school, a change 
18 of placement or a change of program of the respondent, 
19 the expense, difficulty, and educational disruption 
20 that would be caused by a transfer of the respondent to 
21 another school, and any other relevant facts of the 
22 case. The court may order that the respondent not 
23 attend the public, private, or non-public elementary, 
24 middle, or high school attended by the petitioner, 
25 order that the respondent accept a change of placement 
26 or change of program, as determined by the school 
 
 
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1 district or private or non-public school, or place 
2 restrictions on the respondent's movements within the 
3 school attended by the petitioner.
The respondent 
4 bears the burden of proving by a preponderance of the 
5 evidence that a transfer, change of placement, or 
6 change of program of the respondent is not available. 
7 The respondent also bears the burden of production with 
8 respect to the expense, difficulty, and educational 
9 disruption that would be caused by a transfer of the 
10 respondent to another school. A transfer, change of 
11 placement, or change of program is not unavailable to 
12 the respondent solely on the ground that the respondent 
13 does not agree with the school district's or private or 
14 non-public school's transfer, change of placement, or 
15 change of program or solely on the ground that the 
16 respondent fails or refuses to consent or otherwise 
17 does not take an action required to effectuate a 
18 transfer, change of placement, or change of program.

19 When a court orders a respondent to stay away from the 
20 public, private, or non-public school attended by the 
21 petitioner and the respondent requests a transfer to 
22 another attendance center within the respondent's 
23 school district or private or non-public school, the 
24 school district or private or non-public school shall 
25 have sole discretion to determine the attendance 
26 center to which the respondent is transferred.
In the 
 
 
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1 event the court order results in a transfer of the 
2 minor respondent to another attendance center, a 
3 change in the respondent's placement, or a change of 
4 the respondent's program, the parents, guardian, or 
5 legal custodian of the respondent is responsible for 
6 transportation and other costs associated with the 
7 transfer or change. 
8   (C) The court may order the parents, guardian, or 
9 legal custodian of a minor respondent to take certain 
10 actions or to refrain from taking certain actions to 
11 ensure that the respondent complies with the order. In 
12 the event the court orders a transfer of the respondent 
13 to another school, the parents, guardian, or legal 
14 custodian of the respondent is responsible for 
15 transportation and other costs associated with the 
16 change of school by the respondent. 
17  (4) Counseling. Require or recommend the respondent to 
18 undergo
counseling for a specified duration with a social 
19 worker, psychologist,
clinical psychologist, psychiatrist, 
20 family service agency, alcohol or
substance abuse program, 
21 mental health center guidance counselor, agency
providing 
22 services to elders, program designed for domestic violence

23 abusers or any other guidance service the court deems 
24 appropriate. The Court may order the respondent in any 
25 intimate partner relationship to report to an Illinois 
26 Department of Human Services protocol approved partner 
 
 
HB4354- 294 -LRB100 16397 SLF 31525 b


1 abuse intervention program for an assessment and to follow 
2 all recommended treatment. 

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

13  If a court finds, after a hearing, that respondent has 
14 committed abuse
(as defined in Section 103) of a minor 
15 child, there shall be a
rebuttable presumption that 
16 awarding physical care to respondent would not
be in the 
17 minor child's best interest.

18  (6) Temporary allocation of parental responsibilities: 
19 significant decision-making. Award temporary 
20 decision-making responsibility to petitioner
in accordance 
21 with this Section, the Illinois Marriage and Dissolution of

22 Marriage Act, the Illinois Parentage Act of 2015, and this 
23 State's Uniform
Child-Custody Jurisdiction and Enforcement 
24 Act. 

25  If a court finds, after a hearing, that respondent has 
26 committed abuse (as
defined in Section 103) of a minor 
 
 
HB4354- 295 -LRB100 16397 SLF 31525 b


1 child, there shall be a rebuttable
presumption that 
2 awarding temporary significant decision-making 
3 responsibility to respondent would not be in
the child's 
4 best interest.

5  (7) Parenting time. Determine the parenting time, if 
6 any, of respondent in
any case in which the court awards 
7 physical care or allocates temporary significant 
8 decision-making responsibility of
a minor child to 
9 petitioner. The court shall restrict or deny respondent's 
10 parenting time
with a minor child if the court finds that 
11 respondent has done or is
likely to do any of the 
12 following: (i) abuse or endanger the minor child during 
13 parenting time; (ii) use the parenting time as an 
14 opportunity to abuse or harass
petitioner or petitioner's 
15 family or household members; (iii) improperly
conceal or 
16 detain the minor child; or (iv) otherwise act in a manner 
17 that is
not in the best interests of the minor child. The 
18 court shall not be limited
by the standards set forth in 
19 Section 603.10 of the Illinois Marriage and
Dissolution of 
20 Marriage Act. If the court grants parenting time, the order 
21 shall
specify dates and times for the parenting time to 
22 take place or other specific
parameters or conditions that 
23 are appropriate. No order for parenting time shall
refer 
24 merely to the term "reasonable parenting time".

25  Petitioner may deny respondent access to the minor 
26 child if, when
respondent arrives for parenting time, 
 
 
HB4354- 296 -LRB100 16397 SLF 31525 b


1 respondent is under the influence of drugs
or alcohol and 
2 constitutes a threat to the safety and well-being of

3 petitioner or petitioner's minor children or is behaving in 
4 a violent or
abusive manner.

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

10 alternative arrangements for parenting time. A person may 
11 be approved to
supervise parenting time only after filing 
12 an affidavit accepting
that responsibility and 
13 acknowledging accountability to the court.

14  (8) Removal or concealment of minor child. Prohibit 
15 respondent from
removing a minor child from the State or 
16 concealing the child within the State.


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

23  (10) Possession of personal property. Grant petitioner 
24 exclusive
possession of personal property and, if 
25 respondent has possession or
control, direct respondent to 
26 promptly make it available to petitioner, if:

 
 
HB4354- 297 -LRB100 16397 SLF 31525 b


1   (i) petitioner, but not respondent, owns the 
2 property; or

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

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

14  No order under this provision shall affect title to 
15 property.

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

20   (i) petitioner, but not respondent, owns the 
21 property; or

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

24  If petitioner's sole claim to ownership of the property 
25 is that it is
marital property, the court may grant 
26 petitioner relief under subparagraph
(ii) of this 
 
 
HB4354- 298 -LRB100 16397 SLF 31525 b


1 paragraph only if a proper proceeding has been filed under 
2 the
Illinois Marriage and Dissolution of Marriage Act, as 
3 now or hereafter amended.

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

8  (11.5) Protection of animals. Grant the petitioner the 
9 exclusive care, custody, or control of any animal owned, 
10 possessed, leased, kept, or held by either the petitioner 
11 or the respondent or a minor child residing in the 
12 residence or household of either the petitioner or the 
13 respondent and order the respondent to stay away from the 
14 animal and forbid the respondent from taking, 
15 transferring, encumbering, concealing, harming, or 
16 otherwise disposing of the animal.

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

24 support, payment through the clerk and withholding of 
25 income to secure
payment. An order for child support may be 
26 granted to a petitioner with
lawful physical care of a 
 
 
HB4354- 299 -LRB100 16397 SLF 31525 b


1 child, or an order or agreement for
physical care of a 
2 child, prior to entry of an order allocating significant 
3 decision-making responsibility.
Such a support order shall 
4 expire upon entry of a valid order allocating parental 
5 responsibility differently and vacating the petitioner's 
6 significant decision-making authority, unless otherwise 
7 provided in the 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, neglect, or exploitation.
Such losses shall 
11 include, but not be limited to, medical expenses, lost

12 earnings or other support, repair or replacement of 
13 property damaged or taken,
reasonable attorney's fees, 
14 court costs and moving or other travel expenses,
including 
15 additional reasonable expenses for temporary shelter and 
16 restaurant
meals.

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

26   (ii) Recovery of expenses. In the case of an 
 
 
HB4354- 300 -LRB100 16397 SLF 31525 b


1 improper concealment
or removal of a minor child, the 
2 court may order respondent to pay the
reasonable 
3 expenses incurred or to be incurred in the search for 
4 and recovery
of the minor child, including but not 
5 limited to legal fees, court costs,
private 
6 investigator fees, and travel costs.

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

12  (14.5) Prohibition of firearm possession.

13   (a) Prohibit a respondent against whom an order of 
14 protection was issued from possessing any firearms 
15 during the duration of the order if the order:
16    (1) was issued after a hearing of which such 
17 person received
actual notice, and at which such 
18 person had an opportunity to
participate;
19    (2) restrains such person from harassing, 
20 stalking, or
threatening an intimate partner of 
21 such person or child of such
intimate partner or 
22 person, or engaging in other conduct that
would 
23 place an intimate partner in reasonable fear of 
24 bodily
injury to the partner or child; and
25    (3)(i) includes a finding that such person 
26 represents a
credible threat to the physical 
 
 
HB4354- 301 -LRB100 16397 SLF 31525 b


1 safety of such intimate partner
or child; or
(ii) 
2 by its terms explicitly prohibits the use, 
3 attempted
use, or threatened use of physical force 
4 against such intimate
partner or child that would 
5 reasonably be expected to cause
bodily injury.
6  Any Firearm Owner's Identification Card in the

7 possession of the respondent, except as provided in 
8 subsection (b), shall be ordered by the court to be 
9 turned
over to the local law enforcement agency. The 
10 local law enforcement agency shall immediately mail 
11 the card to the Department of State Police Firearm 
12 Owner's Identification Card Office
for safekeeping. 
13 The court shall
issue a warrant for seizure of any 
14 firearm in the possession of the respondent, to be kept 
15 by the local law enforcement agency for safekeeping, 
16 except as provided in subsection (b).
The period of 
17 safekeeping shall be for the duration of the order of 
18 protection. The firearm or firearms and Firearm 
19 Owner's Identification Card, if unexpired, shall at 
20 the respondent's request, be returned to the 
21 respondent at the end
of the order of protection. It is 
22 the respondent's responsibility to notify the 
23 Department of State Police Firearm Owner's 
24 Identification Card Office. 

25   (b) If the respondent is a peace officer as defined 
26 in Section 2-13 of
the
Criminal Code of 2012, the court 
 
 
HB4354- 302 -LRB100 16397 SLF 31525 b


1 shall order that any firearms used by the
respondent in 
2 the performance of his or her duties as a
peace officer 
3 be surrendered to
the chief law enforcement executive 
4 of the agency in which the respondent is
employed, who 
5 shall retain the firearms for safekeeping for the 
6 duration of the order of protection.

7   (c) Upon expiration of the period of safekeeping, 
8 if the firearms or Firearm Owner's Identification Card 
9 cannot be returned to respondent because respondent 
10 cannot be located, fails to respond to requests to 
11 retrieve the firearms, or is not lawfully eligible to 
12 possess a firearm, upon petition from the local law 
13 enforcement agency, the court may order the local law 
14 enforcement agency to destroy the firearms, use the 
15 firearms for training purposes, or for any other 
16 application as deemed appropriate by the local law 
17 enforcement agency; or that the firearms be turned over 
18 to a third party who is lawfully eligible to possess 
19 firearms, and who does not reside with respondent. 
20  (15) Prohibition of access to records. If an order of 
21 protection
prohibits respondent from having contact with 
22 the minor child,
or if petitioner's address is omitted 
23 under subsection (b) of
Section 203, or if necessary to 
24 prevent abuse or wrongful removal or
concealment of a minor 
25 child, the order shall deny respondent access to, and

26 prohibit respondent from inspecting, obtaining, or 
 
 
HB4354- 303 -LRB100 16397 SLF 31525 b


1 attempting to
inspect or obtain, school or any other 
2 records of the minor child
who is in the care of 
3 petitioner.

4  (16) Order for payment of shelter services. Order 
5 respondent to
reimburse a shelter providing temporary 
6 housing and counseling services to
the petitioner for the 
7 cost of the services, as certified by the shelter
and 
8 deemed reasonable by the court.

9  (17) Order for injunctive relief. Enter injunctive 
10 relief necessary
or appropriate to prevent further abuse of 
11 a family or household member
or further abuse, neglect, or 
12 exploitation of a high-risk adult with
disabilities or to 
13 effectuate one of the granted remedies, if supported by the

14 balance of hardships. If the harm to be prevented by the 
15 injunction is abuse
or any other harm that one of the 
16 remedies listed in paragraphs (1) through
(16) of this 
17 subsection is designed to prevent, no further evidence is

18 necessary that the harm is an irreparable injury.

19  (18) Telephone services.
20   (A) Unless a condition described in subparagraph 
21 (B) of this paragraph exists, the court may, upon 
22 request by the petitioner, order a wireless telephone 
23 service provider to transfer to the petitioner the 
24 right to continue to use a telephone number or numbers 
25 indicated by the petitioner and the financial 
26 responsibility associated with the number or numbers, 
 
 
HB4354- 304 -LRB100 16397 SLF 31525 b


1 as set forth in subparagraph (C) of this paragraph. For 
2 purposes of this paragraph (18), the term "wireless 
3 telephone service provider" means a provider of 
4 commercial mobile service as defined in 47 U.S.C. 332. 
5 The petitioner may request the transfer of each 
6 telephone number that the petitioner, or a minor child 
7 in his or her custody, uses. The clerk of the court 
8 shall serve the order on the wireless telephone service 
9 provider's agent for service of process provided to the 
10 Illinois Commerce Commission. The order shall contain 
11 all of the following:
12    (i) The name and billing telephone number of 
13 the account holder including the name of the 
14 wireless telephone service provider that serves 
15 the account.
16    (ii) Each telephone number that will be 
17 transferred.
18    (iii) A statement that the provider transfers 
19 to the petitioner all financial responsibility for 
20 and right to the use of any telephone number 
21 transferred under this paragraph.
22   (B) A wireless telephone service provider shall 
23 terminate the respondent's use of, and shall transfer 
24 to the petitioner use of, the telephone number or 
25 numbers indicated in subparagraph (A) of this 
26 paragraph unless it notifies the petitioner, within 72 
 
 
HB4354- 305 -LRB100 16397 SLF 31525 b


1 hours after it receives the order, that one of the 
2 following applies:
3    (i) The account holder named in the order has 
4 terminated the account.
5    (ii) A difference in network technology would 
6 prevent or impair the functionality of a device on 
7 a network if the transfer occurs.
8    (iii) The transfer would cause a geographic or 
9 other limitation on network or service provision 
10 to the petitioner.
11    (iv) Another technological or operational 
12 issue would prevent or impair the use of the 
13 telephone number if the transfer occurs.
14   (C) The petitioner assumes all financial 
15 responsibility for and right to the use of any 
16 telephone number transferred under this paragraph. In 
17 this paragraph, "financial responsibility" includes 
18 monthly service costs and costs associated with any 
19 mobile device associated with the number.
20   (D) A wireless telephone service provider may 
21 apply to the petitioner its routine and customary 
22 requirements for establishing an account or 
23 transferring a number, including requiring the 
24 petitioner to provide proof of identification, 
25 financial information, and customer preferences.

26   (E) Except for willful or wanton misconduct, a 
 
 
HB4354- 306 -LRB100 16397 SLF 31525 b


1 wireless telephone service provider is immune from 
2 civil liability for its actions taken in compliance 
3 with a court order issued under this paragraph.
4   (F) All wireless service providers that provide 
5 services to residential customers shall provide to the 
6 Illinois Commerce Commission the name and address of an 
7 agent for service of orders entered under this 
8 paragraph (18). Any change in status of the registered 
9 agent must be reported to the Illinois Commerce 
10 Commission within 30 days of such change. 
11   (G) The Illinois Commerce Commission shall 
12 maintain the list of registered agents for service for 
13 each wireless telephone service provider on the 
14 Commission's website. The Commission may consult with 
15 wireless telephone service providers and the Circuit 
16 Court Clerks on the manner in which this information is 
17 provided and displayed. 
18 (c) Relevant factors; findings.

19  (1) In determining whether to grant a specific remedy, 
20 other than
payment of support, the court shall consider

21 relevant factors, including but not limited to the 
22 following:

23   (i) the nature, frequency, severity, pattern and 
24 consequences of the
respondent's past abuse, neglect 
25 or exploitation of the petitioner or
any family or 
26 household member, including the concealment of his or 
 
 
HB4354- 307 -LRB100 16397 SLF 31525 b


1 her
location in order to evade service of process or 
2 notice, and the likelihood of
danger of future abuse, 
3 neglect, or exploitation to petitioner or any member of

4 petitioner's or respondent's family or household; and

5   (ii) the danger that any minor child will be abused 
6 or neglected or
improperly relocated from the 
7 jurisdiction, improperly concealed within the
State or 
8 improperly separated from the child's primary 
9 caretaker.

10  (2) In comparing relative hardships resulting to the 
11 parties from loss
of possession of the family home, the 
12 court shall consider relevant
factors, including but not 
13 limited to the following:

14   (i) availability, accessibility, cost, safety, 
15 adequacy, location and
other characteristics of 
16 alternate housing for each party and any minor child
or 
17 dependent adult in the party's care;

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

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

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

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

3   (ii) Whether the conduct or actions of respondent, 
4 unless
prohibited, will likely cause irreparable harm 
5 or continued abuse.

6   (iii) Whether it is necessary to grant the 
7 requested relief in order
to protect petitioner or 
8 other alleged abused persons.

9  (4) For purposes of issuing an ex parte emergency order 
10 of protection,
the court, as an alternative to or as a 
11 supplement to making the findings
described in paragraphs 
12 (c)(3)(i) through (c)(3)(iii) of this subsection, may
use 
13 the following procedure:

14  When a verified petition for an emergency order of 
15 protection in
accordance with the requirements of Sections 
16 203 and 217 is
presented to the court, the court shall 
17 examine petitioner on oath or
affirmation. An emergency 
18 order of protection shall be issued by the court
if it 
19 appears from the contents of the petition and the 
20 examination of
petitioner that the averments are 
21 sufficient to indicate abuse by
respondent and to support 
22 the granting of relief under the issuance of the
emergency 
23 order of protection.

24  (5) Never married parties. No rights or 
25 responsibilities for a minor
child born outside of marriage 
26 attach to a putative father until a father and
child 
 
 
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1 relationship has been established under the Illinois 
2 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
3 the Illinois Public Aid Code, Section 12 of the Vital 
4 Records Act, the
Juvenile Court Act of 1987, the Probate 
5 Act of 1975 1985, the Revised Uniform
Reciprocal 
6 Enforcement of Support Act, the Uniform Interstate Family 
7 Support
Act, the Expedited Child Support Act of 1990, any 
8 judicial, administrative, or
other act of another state or 
9 territory, any other Illinois statute, or by any
foreign 
10 nation establishing the father and child relationship, any 
11 other
proceeding substantially in conformity with the 
12 Personal Responsibility and
Work Opportunity 
13 Reconciliation Act of 1996 (Pub. L. 104-193), or where both

14 parties appeared in open court or at an administrative 
15 hearing acknowledging
under
oath or admitting by 
16 affirmation the existence of a father and child

17 relationship.
Absent such an adjudication, finding, or 
18 acknowledgment acknowledgement, no putative
father shall 
19 be granted
temporary allocation of parental 
20 responsibilities, including parenting time with the minor 
21 child, or
physical care and possession of the minor child, 
22 nor shall an order of payment
for support of the minor 
23 child be entered.

24 (d) Balance of hardships; findings. If the court finds that 
25the balance
of hardships does not support the granting of a 
26remedy governed by
paragraph (2), (3), (10), (11), or (16) of 
 
 
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1subsection (b) of this Section,
which may require such 
2balancing, the court's findings shall so
indicate and shall 
3include a finding as to whether granting the remedy will
result 
4in hardship to respondent that would substantially outweigh the 
5hardship
to petitioner from denial of the remedy. The findings 
6shall be an official
record or in writing.

7 (e) Denial of remedies. Denial of any remedy shall not be 
8based, in
whole or in part, on evidence that:

9  (1) Respondent has cause for any use of force, unless 
10 that cause
satisfies the standards for justifiable use of 
11 force provided by Article
7 of the Criminal Code of 2012;

12  (2) Respondent was voluntarily intoxicated;

13  (3) Petitioner acted in self-defense or defense of 
14 another, provided
that, if petitioner utilized force, such 
15 force was justifiable under
Article 7 of the Criminal Code 
16 of 2012; 

17  (4) Petitioner did not act in self-defense or defense 
18 of another;

19  (5) Petitioner left the residence or household to avoid 
20 further abuse,
neglect, or exploitation by respondent;

21  (6) Petitioner did not leave the residence or household 
22 to avoid further
abuse, neglect, or exploitation by 
23 respondent;

24  (7) Conduct by any family or household member excused 
25 the abuse,
neglect, or exploitation by respondent, unless 
26 that same conduct would have
excused such abuse, neglect, 
 
 
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1 or exploitation if the parties had not been
family or 
2 household members.

3(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642, 
4eff. 7-28-16; 100-388, eff. 1-1-18; revised 10-6-17.)



5 Section 115. The Revised Uniform Unclaimed Property Act is 
6amended by changing Section 15-705 as follows:

7 (765 ILCS 1026/15-705)

8 Sec. 15-705. Exceptions to the sale of tangible property. 
9The administrator shall dispose of tangible property 
10identified by this Section in accordance with this Section.
11 (a) Military medals or decorations. The administrator may 
12not sell a medal or decoration awarded for military service in 
13the armed forces of the United States. Instead, the 
14administrator, with the consent of the respective organization 
15under paragraph (1), agency under paragraph (2), or entity 
16under paragraph (3), may deliver a medal or decoration to be 
17held in custody for the owner, to:
18  (1) a military veterans organization qualified under 
19 Section 501(c)(19) of the Internal Revenue Code;
20  (2) the agency that awarded the medal or decoration; or
21  (3) a governmental entity.
22 After delivery, the administrator is not responsible for 
23the safekeeping of the medal or decoration.
24 (b) Property with historical value. Property that the 
 
 
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1administrator reasonably believes may have historical value 
2may be, at his or her discretion, loaned to an accredited 
3museum in the United States where it will be kept until such 
4time as the administrator orders it to be returned to his or 
5her custody.
6 (c) Human remains. If human remains are delivered to the 
7administrator under this Act, the administrator shall deliver 
8those human remains to the coroner of the county in which the 
9human remains were abandoned for disposition under Section 
103-3034 of the Counties Code. The only human remains that may be 
11delivered to the administrator under this Act and that the 
12administrator may receive are those that are reported and 
13delivered as contents of a safe deposit box.
14 (d) Evidence in a criminal investigation. Property that may 
15have been used in the commission of a crime or that may assist 
16in the investigation of a crime, as determined after consulting 
17with the Department of State Police, shall be delivered to the 
18Department of State Police or other appropriate law enforcement 
19authority to allow law enforcement to determine whether a 
20criminal investigation should take place. Any such property 
21delivered to a law enforcement authority shall be held in 
22accordance with existing statutes and rules related to the 
23gathering, retention, and release of evidence.
24 (e) Firearms.
25  (1) The administrator, in cooperation with the 
26 Department of State Police, shall develop a procedure to 
 
 
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1 determine whether a firearm delivered to the administrator 
2 under this Act has been stolen or used in the commission of 
3 a crime. The Department of State Police shall determine the 
4 appropriate disposition of a firearm that has been stolen 
5 or used in the commission of a crime. The administrator 
6 shall attempt to return a firearm that has not been stolen 
7 or used in the commission of a crime to the rightful owner 
8 if the Department of State Police determines that the owner 
9 may lawfully possess the firearm.
10  (2) If the administrator is unable to return a firearm 
11 to its owner, the administrator shall transfer custody of 
12 the firearm to the Department of State Police. Legal title 
13 to a firearm transferred to the Department of State Police 
14 under this subsection (e) is vested in the Department of 
15 State Police by operation of law if:
16   (i) the administrator cannot locate the owner of 
17 the firearm;
18   (ii) the owner of the firearm may not lawfully 
19 possess the firearm;
20   (iii) the apparent owner does not respond to notice 
21 published under Section 15-503 of this Act; or
22   (iv) the apparent owner responds to notice 
23 published under Section 15-502 and states that he or 
24 she no longer claims an interest in the firearm.
25  (3) With respect to a firearm whose title is 
26 transferred to the Department of State Police under this 
 
 
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1 subsection (e), the Department of State Police may:
2   (i) retain the firearm for use by the crime 
3 laboratory system, for training purposes, or for any 
4 other application as deemed appropriate by the 
5 Department;
6   (ii) transfer the firearm to the Illinois State 
7 Museum if the firearm has historical value; or
8   (iii) destroy the firearm if it is not retained 
9 pursuant to subparagraph (i) or transferred pursuant 
10 to subparagraph (ii).
11 As used in this subsection, "firearm" has the meaning 
12provided in Section 2-7.5 of the Criminal Code of 2012 the 
13Firearm Owners Identification Card Act.

14(Source: P.A. 100-22, eff. 1-1-18.)

15 Section 995. No acceleration or delay. Where this Act makes 
16changes in a statute that is represented in this Act by text 
17that is not yet or no longer in effect (for example, a Section 
18represented by multiple versions), the use of that text does 
19not accelerate or delay the taking effect of (i) the changes 
20made by this Act or (ii) provisions derived from any other 
21Public Act.

22 Section 999. Effective date. This Act takes effect upon 
23becoming law.

                        
 
 
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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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