101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3818
 
Introduced , by Rep. John M. Cabello
 
SYNOPSIS AS INTRODUCED:



See Index
 Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective January 1, 2020.



LRB101 11428 SLF 57060 b


FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


HB3818LRB101 11428 SLF 57060 b



1 AN ACT concerning firearms.


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

3represented in the General Assembly:



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

6 (5 ILCS 140/7.5)
7 Sec. 7.5. Statutory exemptions. To the extent provided for 
8by the statutes referenced below, the following shall be exempt 
9from inspection and copying:
10  (a) All information determined to be confidential 
11 under Section 4002 of the Technology Advancement and 
12 Development Act.
13  (b) Library circulation and order records identifying 
14 library users with specific materials under the Library 
15 Records Confidentiality Act.
16  (c) Applications, related documents, and medical 
17 records received by the Experimental Organ Transplantation 
18 Procedures Board and any and all documents or other records 
19 prepared by the Experimental Organ Transplantation 
20 Procedures Board or its staff relating to applications it 
21 has received.
22  (d) Information and records held by the Department of 
23 Public Health and its authorized representatives relating 
 
 
HB3818- 2 -LRB101 11428 SLF 57060 b


1 to known or suspected cases of sexually transmissible 
2 disease or any information the disclosure of which is 
3 restricted under the Illinois Sexually Transmissible 
4 Disease Control Act.
5  (e) Information the disclosure of which is exempted 
6 under Section 30 of the Radon Industry Licensing Act.
7  (f) Firm performance evaluations under Section 55 of 
8 the Architectural, Engineering, and Land Surveying 
9 Qualifications Based Selection Act.
10  (g) Information the disclosure of which is restricted 
11 and exempted under Section 50 of the Illinois Prepaid 
12 Tuition Act.
13  (h) Information the disclosure of which is exempted 
14 under the State Officials and Employees Ethics Act, and 
15 records of any lawfully created State or local inspector 
16 general's office that would be exempt if created or 
17 obtained by an Executive Inspector General's office under 
18 that Act.
19  (i) Information contained in a local emergency energy 
20 plan submitted to a municipality in accordance with a local 
21 emergency energy plan ordinance that is adopted under 
22 Section 11-21.5-5 of the Illinois Municipal Code.
23  (j) Information and data concerning the distribution 
24 of surcharge moneys collected and remitted by carriers 
25 under the Emergency Telephone System Act.
26  (k) Law enforcement officer identification information 
 
 
HB3818- 3 -LRB101 11428 SLF 57060 b


1 or driver identification information compiled by a law 
2 enforcement agency or the Department of Transportation 
3 under Section 11-212 of the Illinois Vehicle Code.
4  (l) Records and information provided to a residential 
5 health care facility resident sexual assault and death 
6 review team or the Executive Council under the Abuse 
7 Prevention Review Team Act.
8  (m) Information provided to the predatory lending 
9 database created pursuant to Article 3 of the Residential 
10 Real Property Disclosure Act, except to the extent 
11 authorized under that Article.
12  (n) Defense budgets and petitions for certification of 
13 compensation and expenses for court appointed trial 
14 counsel as provided under Sections 10 and 15 of the Capital 
15 Crimes Litigation Act. This subsection (n) shall apply 
16 until the conclusion of the trial of the case, even if the 
17 prosecution chooses not to pursue the death penalty prior 
18 to trial or sentencing.
19  (o) Information that is prohibited from being 
20 disclosed under Section 4 of the Illinois Health and 
21 Hazardous Substances Registry Act.
22  (p) Security portions of system safety program plans, 
23 investigation reports, surveys, schedules, lists, data, or 
24 information compiled, collected, or prepared by or for the 
25 Regional Transportation Authority under Section 2.11 of 
26 the Regional Transportation Authority Act or the St. Clair 
 
 
HB3818- 4 -LRB101 11428 SLF 57060 b


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

9  (t) All identified or deidentified health information 
10 in the form of health data or medical records contained in, 
11 stored in, submitted to, transferred by, or released from 
12 the Illinois Health Information Exchange, and identified 
13 or deidentified health information in the form of health 
14 data and medical records of the Illinois Health Information 
15 Exchange in the possession of the Illinois Health 
16 Information Exchange Authority due to its administration 
17 of the Illinois Health Information Exchange. The terms 
18 "identified" and "deidentified" shall be given the same 
19 meaning as in the Health Insurance Portability and 
20 Accountability Act of 1996, Public Law 104-191, or any 
21 subsequent amendments thereto, and any regulations 
22 promulgated thereunder. 
23  (u) Records and information provided to an independent 
24 team of experts under the Developmental Disability and 
25 Mental Health Safety Act (also known as Brian's Law). 
26  (v) Names and information of people who have applied 
 
 
HB3818- 5 -LRB101 11428 SLF 57060 b


1 for or received Firearm Owner's Identification Cards under 
2 the Firearm Owners Identification Card Act before the 
3 effective date of this amendatory Act of the 101st General 
4 Assembly or applied for or received a concealed carry 
5 license under the Firearm Concealed Carry Act, unless 
6 otherwise authorized by the Firearm Concealed Carry Act; 
7 and databases under the Firearm Concealed Carry Act, 
8 records of the Concealed Carry Licensing Review Board under 
9 the Firearm Concealed Carry Act, and law enforcement agency 
10 objections under the Firearm Concealed Carry Act. 
11  (w) Personally identifiable information which is 
12 exempted from disclosure under subsection (g) of Section 
13 19.1 of the Toll Highway Act.
14  (x) Information which is exempted from disclosure 
15 under Section 5-1014.3 of the Counties Code or Section 
16 8-11-21 of the Illinois Municipal Code. 
17  (y) Confidential information under the Adult 
18 Protective Services Act and its predecessor enabling 
19 statute, the Elder Abuse and Neglect Act, including 
20 information about the identity and administrative finding 
21 against any caregiver of a verified and substantiated 
22 decision of abuse, neglect, or financial exploitation of an 
23 eligible adult maintained in the Registry established 
24 under Section 7.5 of the Adult Protective Services Act. 
25  (z) Records and information provided to a fatality 
26 review team or the Illinois Fatality Review Team Advisory 
 
 
HB3818- 6 -LRB101 11428 SLF 57060 b


1 Council under Section 15 of the Adult Protective Services 
2 Act. 
3  (aa) Information which is exempted from disclosure 
4 under Section 2.37 of the Wildlife Code. 
5  (bb) Information which is or was prohibited from 
6 disclosure by the Juvenile Court Act of 1987. 
7  (cc) Recordings made under the Law Enforcement 
8 Officer-Worn Body Camera Act, except to the extent 
9 authorized under that Act.
10  (dd) Information that is prohibited from being 
11 disclosed under Section 45 of the Condominium and Common 
12 Interest Community Ombudsperson Act. 
13  (ee) Information that is exempted from disclosure 
14 under Section 30.1 of the Pharmacy Practice Act. 
15  (ff) Information that is exempted from disclosure 
16 under the Revised Uniform Unclaimed Property Act. 
17  (gg) Information that is prohibited from being 
18 disclosed under Section 7-603.5 of the Illinois Vehicle 
19 Code. 
20  (hh) Records that are exempt from disclosure under 
21 Section 1A-16.7 of the Election Code. 
22  (ii) Information which is exempted from disclosure 
23 under Section 2505-800 of the Department of Revenue Law of 
24 the Civil Administrative Code of Illinois. 
25  (jj) Information and reports that are required to be 
26 submitted to the Department of Labor by registering day and 
 
 
HB3818- 7 -LRB101 11428 SLF 57060 b


1 temporary labor service agencies but are exempt from 
2 disclosure under subsection (a-1) of Section 45 of the Day 
3 and Temporary Labor Services Act. 
4  (kk) Information prohibited from disclosure under the 
5 Seizure and Forfeiture Reporting Act. 
6  (ll) Information the disclosure of which is restricted 
7 and exempted under Section 5-30.8 of the Illinois Public 
8 Aid Code. 
9  (mm) (ll) Records that are exempt from disclosure under 
10 Section 4.2 of the Crime Victims Compensation Act. 
11  (nn) (ll) Information that is exempt from disclosure 
12 under Section 70 of the Higher Education Student Assistance 
13 Act. 
14(Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, 
15eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; 
1699-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; 
17100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. 
188-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, 
19eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; 
20100-863, eff. 8-14-18; 100-887, eff. 8-14-18; revised 
2110-12-18.)

22 Section 10. The Department of State Police Law of the
Civil 
23Administrative Code of Illinois is amended by changing Sections 
242605-45, 2605-300, and 2605-595 as follows:




 
 
HB3818- 8 -LRB101 11428 SLF 57060 b


1 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)



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

3Administration shall exercise the
following functions:


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


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


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


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


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

15 the former Division of
State Troopers by Section 17 of the 
16 State Police
Act.


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

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


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


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

 
 
HB3818- 9 -LRB101 11428 SLF 57060 b


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





2 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)



3 Sec. 2605-300. Records; crime laboratories; personnel. To 
4do
the
following:

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

6 statistics for the State.

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

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

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

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

14  (5) Establish general and field
crime laboratories.

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

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

22 activity, and may employ polygraph operators.

23  (8) Undertake other identification, information,

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

 
 
HB3818- 10 -LRB101 11428 SLF 57060 b


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


2 (20 ILCS 2605/2605-595)
3 Sec. 2605-595. State Police Firearm Services Fund.
4 (a) There is created in the State treasury a special fund 
5known as the State Police Firearm Services Fund. The Fund shall 
6receive revenue under the Firearm Concealed Carry Act and 
7Section 5 of the Firearm Owners Identification Card Act. The 
8Fund may also receive revenue from grants, pass-through grants, 
9donations, appropriations, and any other legal source.
10 (b) The Department of State Police may use moneys in the 
11Fund to finance any of its lawful purposes, mandates, 
12functions, and duties under the Firearm Owners Identification 
13Card Act and the Firearm Concealed Carry Act, including the 
14cost of sending notices of expiration of Firearm Owner's 
15Identification Cards, concealed carry licenses, the prompt and 
16efficient processing of applications under the Firearm Owners 
17Identification Card Act and the Firearm Concealed Carry Act, 
18the improved efficiency and reporting of the LEADS and federal 
19NICS law enforcement data systems, and support for 
20investigations required under that Act these Acts and law. Any 
21surplus funds beyond what is needed to comply with the 
22aforementioned purposes shall be used by the Department to 
23improve the Law Enforcement Agencies Data System (LEADS) and 
24criminal history background check system. 
25 (c) Investment income that is attributable to the 
 
 
HB3818- 11 -LRB101 11428 SLF 57060 b


1investment of moneys in the Fund shall be retained in the Fund 
2for the uses specified in this Section. 

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



4 (20 ILCS 2605/2605-120 rep.)


5 Section 15. The Department of State Police Law of the
Civil 
6Administrative Code of Illinois is amended by repealing Section 
72605-120.

8 Section 20. The Criminal Identification Act is amended by 
9changing Section 2.2 as follows:

10 (20 ILCS 2630/2.2)
11 Sec. 2.2. Notification to the Department. Upon judgment of 
12conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, 
1312-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal 
14Code of 2012 when the
defendant has been determined, pursuant 
15to Section 112A-11.1 of the Code of Criminal Procedure of 1963,

16to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the 
17circuit court clerk shall
include notification and a copy of 
18the written determination in a report
of the conviction to the 
19Department of State Police Firearm Owner's Identification Card 
20Office to
enable the Department office to perform its duties 
21under the Firearm Concealed Carry Act and Sections 4 and 8 of 
22the Firearm Owners Identification Card Act and to report that 
23determination to the Federal Bureau
of Investigation to assist 
 
 
HB3818- 12 -LRB101 11428 SLF 57060 b


1the Federal Bureau of Investigation in identifying persons 
2prohibited
from purchasing and possessing a firearm pursuant to 
3the provisions of
18 U.S.C. 922. The written determination 
4described in this Section shall be included in the defendant's 
5record of arrest and conviction in the manner and form 
6prescribed by the Department of State Police. 

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

8 Section 25. The State Finance Act is amended by changing 
9Section 6z-99 as follows:

10 (30 ILCS 105/6z-99)
11 Sec. 6z-99. The Mental Health Reporting Fund.
12 (a) There is created in the State treasury a special fund 
13known as the Mental Health Reporting Fund. The Fund shall 
14receive revenue under the Firearm Concealed Carry Act. The Fund 
15may also receive revenue from grants, pass-through grants, 
16donations, appropriations, and any other legal source.
17 (b) The Department of State Police and Department of Human 
18Services shall coordinate to use moneys in the Fund to finance 
19their respective duties of collecting and reporting data on 
20mental health records and ensuring that mental health firearm 
21possession prohibitors are enforced as set forth under the 
22Firearm Concealed Carry Act and the Firearm Owners 
23Identification Card Act. Any surplus in the Fund beyond what is 
24necessary to ensure compliance with mental health reporting 
 
 
HB3818- 13 -LRB101 11428 SLF 57060 b


1under that Act these Acts shall be used by the Department of 
2Human Services for mental health treatment programs.
3 (c) Investment income that is attributable to the 
4investment of moneys in the Fund shall be retained in the Fund 
5for the uses specified in this Section.

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

7 Section 30. The Peace Officer Firearm Training Act is 
8amended by changing Section 1 as follows:



9 (50 ILCS 710/1) (from Ch. 85, par. 515)



10 Sec. 1. Definitions. As used in this Act: 
11 (a) "Peace officer"
means (i) any person who by virtue of 
12his office or public employment is
vested by law with a primary 
13duty to maintain public order or to make
arrests for offenses, 
14whether that duty extends to all offenses or is
limited to 
15specific offenses, and who is employed in such capacity by any

16county or municipality or (ii) any retired law enforcement 
17officers qualified under federal law to carry a concealed 
18weapon. 
19 (a-5) "Probation officer" means a county probation officer 
20authorized by the Chief Judge of the Circuit Court to carry a 
21firearm as part of his or her duties under Section 12 of the 
22Probation and Probation Officers Act and Section 24-2 of the 
23Criminal Code of 2012. 
24 (b)
"Firearms" means any weapon or device defined as a 
 
 
HB3818- 14 -LRB101 11428 SLF 57060 b


1firearm in Section
2-7.5 of the Criminal Code of 2012 1.1 of 
2"An Act relating to the acquisition, possession and transfer of

3firearms and firearm ammunition, to provide a penalty for the 
4violation
thereof and to make an appropriation in connection 
5therewith", approved
August 3, 1967, as amended.

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



7 Section 35. The School Code is amended by changing Sections 
810-22.6, 10-27.1A and 34-8.05 as follows:



9 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)



10 Sec. 10-22.6. Suspension or expulsion of pupils; school 
11searches. 

12 (a) To expel pupils guilty of gross disobedience or 
13misconduct, including gross disobedience or misconduct 
14perpetuated by electronic means, pursuant to subsection (b-20) 
15of this Section, and
no action shall lie against them for such 
16expulsion. Expulsion shall
take place only after the parents 
17have been requested to appear at a
meeting of the board, or 
18with a hearing officer appointed by it, to
discuss their 
19child's behavior. Such request shall be made by registered
or 
20certified mail and shall state the time, place and purpose of 
21the
meeting. The board, or a hearing officer appointed by it, 
22at such
meeting shall state the reasons for dismissal and the 
23date on which the
expulsion is to become effective. If a 
24hearing officer is appointed by
the board, he shall report to 
 
 
HB3818- 15 -LRB101 11428 SLF 57060 b


1the board a written summary of the evidence
heard at the 
2meeting and the board may take such action thereon as it
finds 
3appropriate. If the board acts to expel a pupil, the written 
4expulsion decision shall detail the specific reasons why 
5removing the pupil from the learning environment is in the best 
6interest of the school. The expulsion decision shall also 
7include a rationale as to the specific duration of the 
8expulsion. An expelled pupil may be immediately transferred to 
9an alternative program in the manner provided in Article 13A or 
1013B of this Code. A pupil must not be denied transfer because 
11of the expulsion, except in cases in which such transfer is 
12deemed to cause a threat to the safety of students or staff in 
13the alternative program.

14 (b) To suspend or by policy to authorize the superintendent 
15of
the district or the principal, assistant principal, or dean 
16of students
of any school to suspend pupils guilty of gross 
17disobedience or misconduct, or
to suspend pupils guilty of 
18gross disobedience or misconduct on the school bus
from riding 
19the school bus, pursuant to subsections (b-15) and (b-20) of 
20this Section, and no action
shall lie against them for such 
21suspension. The board may by policy
authorize the 
22superintendent of the district or the principal, assistant

23principal, or dean of students of any
school to suspend pupils 
24guilty of such acts for a period not to exceed
10 school days. 
25If a pupil is suspended due to gross disobedience or misconduct

26on a school bus, the board may suspend the pupil in excess of 
 
 
HB3818- 16 -LRB101 11428 SLF 57060 b


110
school
days for safety reasons. 
2 Any suspension shall be reported immediately to the
parents 
3or guardian of a pupil along with a full statement of the

4reasons for such suspension and a notice of their right to a 
5review. The school board must be given a summary of the notice, 
6including the reason for the suspension and the suspension 
7length. Upon request of the
parents or guardian, the school 
8board or a hearing officer appointed by
it shall review such 
9action of the superintendent or principal, assistant

10principal, or dean of students. At such
review, the parents or 
11guardian of the pupil may appear and discuss the
suspension 
12with the board or its hearing officer. If a hearing officer
is 
13appointed by the board, he shall report to the board a written 
14summary
of the evidence heard at the meeting. After its hearing 
15or upon receipt
of the written report of its hearing officer, 
16the board may take such
action as it finds appropriate. If a 
17student is suspended pursuant to this subsection (b), the board 
18shall, in the written suspension decision, detail the specific 
19act of gross disobedience or misconduct resulting in the 
20decision to suspend. The suspension decision shall also include 
21a rationale as to the specific duration of the suspension. A 
22pupil who is suspended in excess of 20 school days may be 
23immediately transferred to an alternative program in the manner 
24provided in Article 13A or 13B of this Code. A pupil must not 
25be denied transfer because of the suspension, except in cases 
26in which such transfer is deemed to cause a threat to the 
 
 
HB3818- 17 -LRB101 11428 SLF 57060 b


1safety of students or staff in the alternative program.

2 (b-5) Among the many possible disciplinary interventions 
3and consequences available to school officials, school 
4exclusions, such as out-of-school suspensions and expulsions, 
5are the most serious. School officials shall limit the number 
6and duration of expulsions and suspensions to the greatest 
7extent practicable, and it is recommended that they use them 
8only for legitimate educational purposes. To ensure that 
9students are not excluded from school unnecessarily, it is 
10recommended that school officials consider forms of 
11non-exclusionary discipline prior to using out-of-school 
12suspensions or expulsions.
13 (b-10) Unless otherwise required by federal law or this 
14Code, school boards may not institute zero-tolerance policies 
15by which school administrators are required to suspend or expel 
16students for particular behaviors.
17 (b-15) Out-of-school suspensions of 3 days or less may be 
18used only if the student's continuing presence in school would 
19pose a threat to school safety or a disruption to other 
20students' learning opportunities. For purposes of this 
21subsection (b-15), "threat to school safety or a disruption to 
22other students' learning opportunities" shall be determined on 
23a case-by-case basis by the school board or its designee. 
24School officials shall make all reasonable efforts to resolve 
25such threats, address such disruptions, and minimize the length 
26of suspensions to the greatest extent practicable.
 
 
HB3818- 18 -LRB101 11428 SLF 57060 b


1 (b-20) Unless otherwise required by this Code, 
2out-of-school suspensions of longer than 3 days, expulsions, 
3and disciplinary removals to alternative schools may be used 
4only if other appropriate and available behavioral and 
5disciplinary interventions have been exhausted and the 
6student's continuing presence in school would either (i) pose a

7threat to the safety of other students, staff, or members of

8the school community or (ii) substantially disrupt, impede, or

9interfere with the operation of the school. For purposes of 
10this subsection (b-20), "threat to the safety of other 
11students, staff, or members of the school community" and 
12"substantially disrupt, impede, or interfere with the 
13operation of the school" shall be determined on a case-by-case 
14basis by school officials. For purposes of this subsection 
15(b-20), the determination of whether "appropriate and 
16available behavioral and disciplinary interventions have been 
17exhausted" shall be made by school officials. School officials 
18shall make all reasonable efforts to resolve such threats, 
19address such disruptions, and minimize the length of student 
20exclusions to the greatest extent practicable. Within the 
21suspension decision described in subsection (b) of this Section 
22or the expulsion decision described in subsection (a) of this 
23Section, it shall be documented whether other interventions 
24were attempted or whether it was determined that there were no 
25other appropriate and available interventions.
26 (b-25) Students who are suspended out-of-school for longer 
 
 
HB3818- 19 -LRB101 11428 SLF 57060 b


1than 4 school days shall be provided appropriate and available 
2support services during the period of their suspension. For 
3purposes of this subsection (b-25), "appropriate and available 
4support services" shall be determined by school authorities. 
5Within the suspension decision described in subsection (b) of 
6this Section, it shall be documented whether such services are 
7to be provided or whether it was determined that there are no 
8such appropriate and available services.
9 A school district may refer students who are expelled to 
10appropriate and available support services.
11 A school district shall create a policy to facilitate the 
12re-engagement of students who are suspended out-of-school, 
13expelled, or returning from an alternative school setting.
14 (b-30) A school district shall create a policy by which 
15suspended pupils, including those pupils suspended from the 
16school bus who do not have alternate transportation to school, 
17shall have the opportunity to make up work for equivalent 
18academic credit. It shall be the responsibility of a pupil's 
19parent or guardian to notify school officials that a pupil 
20suspended from the school bus does not have alternate 
21transportation to school. 
22 (c) The Department of Human Services
shall be invited to 
23send a representative to consult with the board at
such meeting 
24whenever there is evidence that mental illness may be the
cause 
25for expulsion or suspension.

26 (c-5) School districts shall make reasonable efforts to 
 
 
HB3818- 20 -LRB101 11428 SLF 57060 b


1provide ongoing professional development to teachers, 
2administrators, school board members, school resource 
3officers, and staff on the adverse consequences of school 
4exclusion and justice-system involvement, effective classroom 
5management strategies, culturally responsive discipline, the 
6appropriate and available supportive services for the 
7promotion of student attendance and engagement, and 
8developmentally appropriate disciplinary methods that promote 
9positive and healthy school climates. 
10 (d) The board may expel a student for a definite period of 
11time not to
exceed 2 calendar years, as determined on a 
12case-by-case basis.
A student who
is determined to have brought 
13one of the following objects to school, any school-sponsored 
14activity
or event, or any activity or event that bears a 
15reasonable relationship to school shall be expelled for a 
16period of not less than
one year:
17  (1) A firearm. For the purposes of this Section, 
18 "firearm" means any gun, rifle, shotgun, weapon as defined 
19 by Section 921 of Title 18 of the United States Code, 
20 firearm as defined in Section 2-7.5 1.1 of the Firearm 
21 Owners Identification Card Act, or firearm as defined in 
22 Section 24-1 of the Criminal Code of 2012. The expulsion 
23 period under this subdivision (1) may be modified by the 
24 superintendent, and the superintendent's determination may 
25 be modified by the board on a case-by-case basis.
26  (2) A knife, brass knuckles or other knuckle weapon 
 
 
HB3818- 21 -LRB101 11428 SLF 57060 b


1 regardless of its composition, a billy club, or any other 
2 object if used or attempted to be used to cause bodily 
3 harm, including "look alikes" of any firearm as defined in 
4 subdivision (1) of this subsection (d). The expulsion 
5 requirement under this subdivision (2) may be modified by 
6 the superintendent, and the superintendent's determination 
7 may be modified by the board on a case-by-case basis. 
8Expulsion
or suspension
shall be construed in a
manner 
9consistent with the federal Federal Individuals with 
10Disabilities Education
Act. A student who is subject to 
11suspension or expulsion as provided in this
Section may be 
12eligible for a transfer to an alternative school program in

13accordance with Article 13A of the School Code.

14 (d-5) The board may suspend or by regulation
authorize the 
15superintendent of the district or the principal, assistant

16principal, or dean of students of any
school to suspend a 
17student for a period not to exceed
10 school days or may expel 
18a student for a definite period of time not to
exceed 2 
19calendar years, as determined on a case-by-case basis, if (i) 
20that student has been determined to have made an explicit 
21threat on an Internet website against a school employee, a 
22student, or any school-related personnel, (ii) the Internet 
23website through which the threat was made is a site that was 
24accessible within the school at the time the threat was made or 
25was available to third parties who worked or studied within the 
26school grounds at the time the threat was made, and (iii) the 
 
 
HB3818- 22 -LRB101 11428 SLF 57060 b


1threat could be reasonably interpreted as threatening to the 
2safety and security of the threatened individual because of his 
3or her duties or employment status or status as a student 
4inside the school.

5 (e) To maintain order and security in the schools, school 
6authorities may
inspect and search places and areas such as 
7lockers, desks, parking lots, and
other school property and 
8equipment owned or controlled by the school, as well
as 
9personal effects left in those places and areas by students, 
10without notice
to or the consent of the student, and without a 
11search warrant. As a matter of
public policy, the General 
12Assembly finds that students have no reasonable
expectation of 
13privacy in these places and areas or in their personal effects

14left in these places and areas. School authorities may request 
15the assistance
of law enforcement officials for the purpose of 
16conducting inspections and
searches of lockers, desks, parking 
17lots, and other school property and
equipment owned or 
18controlled by the school for illegal drugs, weapons, or
other

19illegal or dangerous substances or materials, including 
20searches conducted
through the use of specially trained dogs. 
21If a search conducted in accordance
with this Section produces 
22evidence that the student has violated or is
violating either 
23the law, local ordinance, or the school's policies or rules,

24such evidence may be seized by school authorities, and 
25disciplinary action may
be taken. School authorities may also 
26turn over such evidence to law
enforcement authorities.

 
 
HB3818- 23 -LRB101 11428 SLF 57060 b


1 (f) Suspension or expulsion may include suspension or 
2expulsion from
school and all school activities and a 
3prohibition from being present on school
grounds.

4 (g) A school district may adopt a policy providing that if 
5a student
is suspended or expelled for any reason from any 
6public or private school
in this or any other state, the 
7student must complete the entire term of
the suspension or 
8expulsion in an alternative school program under Article 13A of 
9this Code or an alternative learning opportunities program 
10under Article 13B of this Code before being admitted into the 
11school
district if there is no threat to the safety of students 
12or staff in the alternative program.

13 (h) School officials shall not advise or encourage students 
14to drop out voluntarily due to behavioral or academic 
15difficulties.
16 (i) A student may not be issued a monetary fine or fee as a 
17disciplinary consequence, though this shall not preclude 
18requiring a student to provide restitution for lost, stolen, or 
19damaged property.
20 (j) Subsections (a) through (i) of this Section shall apply 
21to elementary and secondary schools, charter schools, special 
22charter districts, and school districts organized under 
23Article 34 of this Code. 
24 (k) The expulsion of children enrolled in programs funded 
25under Section 1C-2 of this Code is subject to the requirements 
26under paragraph (7) of subsection (a) of Section 2-3.71 of this 
 
 
HB3818- 24 -LRB101 11428 SLF 57060 b


1Code.
2 (l) Beginning with the 2018-2019 school year, an in-school 
3suspension program provided by a school district for any 
4students in kindergarten through grade 12 may focus on 
5promoting non-violent conflict resolution and positive 
6interaction with other students and school personnel. A school 
7district may employ a school social worker or a licensed mental 
8health professional to oversee an in-school suspension program 
9in kindergarten through grade 12. 
10(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18; 
11100-810, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1035, eff. 
128-22-18; revised 10-1-18.)





13 (105 ILCS 5/10-27.1A)



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

15 (a) All school officials, including teachers, guidance 
16counselors, and
support staff, shall immediately notify the 
17office of the principal in the
event that they observe any 
18person in possession of a firearm on school
grounds; provided 
19that taking such immediate action to notify the office of the

20principal would not immediately endanger the health, safety, or 
21welfare of
students who are under the direct supervision of the 
22school official or the
school official. If the health, safety, 
23or welfare of students under the
direct supervision of the 
24school official or of the school official is
immediately 
25endangered, the school official shall notify the office of the

 
 
HB3818- 25 -LRB101 11428 SLF 57060 b


1principal as soon as the students under his or her supervision 
2and he or she
are no longer under immediate danger. A report is 
3not required by this Section
when the school official knows 
4that the person in possession of the firearm is
a law 
5enforcement official engaged in the conduct of his or her 
6official
duties. Any school official acting in good faith who 
7makes such a report under
this Section shall have immunity from 
8any civil or criminal liability that
might otherwise be 
9incurred as a result of making the report. The identity of
the 
10school official making such report shall not be disclosed 
11except as
expressly and specifically authorized by law. 
12Knowingly and willfully failing
to comply with this Section is 
13a petty offense. A second or subsequent offense
is a Class C 
14misdemeanor.

15 (b) Upon receiving a report from any school official 
16pursuant to this
Section, or from any other person, the 
17principal or his or her designee shall
immediately notify a 
18local law enforcement agency. If the person found to be
in 
19possession of a firearm on school grounds is a student, the 
20principal or
his or her designee shall also immediately notify 
21that student's parent or
guardian. Any principal or his or her 
22designee acting in good faith who makes
such reports under this 
23Section shall have immunity from any civil or criminal

24liability that might otherwise be incurred or imposed as a 
25result of making
the reports. Knowingly and willfully failing 
26to comply with this Section is a
petty offense. A second or 
 
 
HB3818- 26 -LRB101 11428 SLF 57060 b


1subsequent offense is a Class C misdemeanor. If
the person 
2found to be in possession of the firearm on school grounds is a

3minor, the law enforcement agency shall detain that minor until 
4such time as
the agency makes a determination pursuant to 
5clause (a) of subsection (1) of
Section 5-401 of the Juvenile 
6Court Act of 1987, as to whether the agency
reasonably believes 
7that the minor is delinquent. If the law enforcement
agency 
8determines that probable cause exists to believe that the minor

9committed a violation of item (4) of subsection (a) of Section 
1024-1 of the
Criminal Code of 2012 while on school grounds, the 
11agency shall detain the
minor for processing pursuant to 
12Section 5-407 of the Juvenile Court Act of
1987.

13 (c) On or after January 1, 1997, upon receipt of any 
14written,
electronic, or verbal report from any school personnel 
15regarding a verified
incident involving a firearm in a school 
16or on school owned or leased property,
including any conveyance 
17owned,
leased, or used by the school for the transport of 
18students or school
personnel, the superintendent or his or her 
19designee shall report all such
firearm-related incidents 
20occurring in a school or on school property to the
local law 
21enforcement authorities immediately and to the Department of 
22State
Police in a form, manner, and frequency as prescribed by 
23the Department of
State Police.

24 The State Board of Education shall receive an annual 
25statistical compilation
and related data associated with 
26incidents involving firearms in schools from
the Department of 
 
 
HB3818- 27 -LRB101 11428 SLF 57060 b


1State Police. The State Board of Education shall compile
this 
2information by school district and make it available to the 
3public.

4 (d) As used in this Section, the term "firearm" shall have 
5the meaning
ascribed to it in Section 2-7.5 of the Criminal 
6Code of 2012 1.1 of the Firearm Owners Identification Card Act.

7 As used in this Section, the term "school" means any public 
8or private
elementary or secondary school.

9 As used in this Section, the term "school grounds" includes 
10the real property
comprising any school, any conveyance owned, 
11leased, or contracted by a school
to transport students to or 
12from school or a school-related activity, or any
public way 
13within 1,000 feet of the real property comprising any school.

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





15 (105 ILCS 5/34-8.05)



16 Sec. 34-8.05. Reporting firearms in schools. On or after 
17January 1,
1997,
upon receipt of any written,
electronic, or 
18verbal report from any school personnel regarding a verified

19incident involving a firearm in a school or on school owned or 
20leased property,
including any conveyance owned,
leased, or 
21used by the school for the transport of students or school

22personnel, the general superintendent or his or her designee 
23shall report all
such
firearm-related incidents occurring in a 
24school or on school property to the
local law enforcement 
25authorities no later than 24 hours after the occurrence
of the 
 
 
HB3818- 28 -LRB101 11428 SLF 57060 b


1incident and to the Department of State Police in a form, 
2manner, and
frequency as prescribed by the Department of State 
3Police.

4 The State Board of Education shall receive an annual 
5statistical compilation
and related data associated with 
6incidents involving firearms in schools from
the Department of 
7State Police. As used in this Section, the term "firearm"
shall 
8have the meaning ascribed to it in Section 2-7.5 of the 
9Criminal Code of 2012
1.1 of the Firearm Owners
Identification 
10Card Act.

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


12 Section 40. The Illinois Explosives Act is amended by 
13changing Section 2005 as follows:




14 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)



15 Sec. 2005. Qualifications for licensure. 
16 (a) No person shall qualify to hold a license who:
17  (1) is under 21 years of age;
18  (2) has been convicted in any court of a crime 
19 punishable by imprisonment for a term exceeding one year;
20  (3) is under indictment for a crime punishable by 
21 imprisonment for a term exceeding one year;
22  (4) is a fugitive from justice;
23  (5) is an unlawful user of or addicted to any 
24 controlled substance as defined in Section 102 of the 
 
 
HB3818- 29 -LRB101 11428 SLF 57060 b


1 federal Controlled Substances Act (21 U.S.C. Sec. 802 et 
2 seq.);
3  (6) has been adjudicated a person with a mental 
4 disability as defined in Section 6-103.1 of the Mental 
5 Health and Developmental Disabilities Code 1.1 of the 
6 Firearm Owners Identification Card Act; or
7  (7) is not a legal citizen of the United States.
8 (b) A person who has been granted a "relief from 
9disabilities" regarding criminal convictions and indictments, 
10pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. 
11845) may receive a license provided all other qualifications 
12under this Act are met. 

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


14 Section 45. The Private Detective, Private Alarm, Private 
15Security, and
Locksmith Act of 2004 is amended by changing 
16Sections 35-30 and 35-35 as follows:



17 (225 ILCS 447/35-30)



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

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

20licensed agency, other than those exempted, shall apply for a

21permanent employee registration card. The holder of an agency

22license issued under this Act, known in this Section as

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

24employees under the following provisions:


 
 
HB3818- 30 -LRB101 11428 SLF 57060 b


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

2registration card who:

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

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

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

15  (4) Has had a license or permanent employee

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

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

23 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
24 subsection (b) of
Section 20-10, item (6) or (8) of 
25 subsection (a) of Section 25-10, subsection
(b) of Section 
26 25-10, item (7) of subsection (a) of Section 30-10,

 
 
HB3818- 31 -LRB101 11428 SLF 57060 b


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

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

4 defect and has not been restored.

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


7 (b) No person may be employed by a private
detective 
8agency, private security contractor agency, private
alarm 
9contractor agency, fingerprint vendor agency, or locksmith 
10agency under this
Section until he or she has executed and 
11furnished to the
employer, on forms furnished by the 
12Department, a verified
statement to be known as "Employee's 
13Statement" setting forth:

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

15  (2) The business or occupation engaged in for
the 5 
16 years immediately before the date of the execution of
the 
17 statement, the place where the business or occupation was

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

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

 
 
HB3818- 32 -LRB101 11428 SLF 57060 b


1 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
2 subsection (b) of
Section 20-10, item (6) or (8) of 
3 subsection (a) of Section 25-10, subsection
(b) of Section 
4 25-10, item (7) of subsection (a) of Section 30-10,

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

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

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

9  (6) Any dishonorable discharge from the armed
services 
10 of the United States.

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

13 competency, and integrity of the person executing the

14 statement.

15 (c) Each applicant for a permanent employee registration

16card shall have his or her fingerprints submitted to the

17Department of State Police in an electronic format that

18complies with the form and manner for requesting and
furnishing 
19criminal history record information as prescribed
by the 
20Department of State Police. These fingerprints shall
be checked 
21against the Department of State Police and Federal
Bureau of 
22Investigation criminal history record databases now
and 
23hereafter filed. The Department of State Police shall
charge 
24applicants a fee for conducting the criminal history
records 
25check, which shall be deposited in the State Police
Services 
26Fund and shall not exceed the actual cost of the
records check. 
 
 
HB3818- 33 -LRB101 11428 SLF 57060 b


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

12satisfactory to the Department that an equivalent security

13clearance has been conducted. Also, an individual who has

14retired as a peace officer within 12 months of application may

15submit verification, on forms provided by the Department and

16signed by his or her employer, of his or her previous full-time 
17employment as a
peace officer.

18 (d) The Department shall issue a permanent employee

19registration card, in a form the Department prescribes, to all

20qualified applicants.
The holder of a permanent employee 
21registration card shall
carry the card at all times while 
22actually engaged in the
performance of the duties of his or her 
23employment.
Expiration and requirements for renewal of 
24permanent employee
registration cards shall be established by 
25rule of the
Department. Possession of a permanent employee 
26registration
card does not in any way imply that the holder of 
 
 
HB3818- 34 -LRB101 11428 SLF 57060 b


1the card is
employed by an agency unless the permanent employee

2registration card is accompanied by the employee

3identification card required by subsection (f) of this
Section.

4 (e) Each employer shall maintain a record of each
employee 
5that is accessible to the duly authorized
representatives of 
6the Department. The record shall contain
the following 
7information:

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

10 photograph shall be replaced with a current photograph 
11 every 3
calendar years.

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

14  (3) All correspondence or documents relating to the

15 character and integrity of the employee received by the

16 employer from any official source or law enforcement 
17 agency.

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

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

24 control card. Each employer shall maintain a record for

25 each armed employee of each instance in which the 
26 employee's
weapon was discharged during the course of his 
 
 
HB3818- 35 -LRB101 11428 SLF 57060 b


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

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

20 The Department may, by rule, prescribe further
record 
21requirements.

22 (f) Every employer shall furnish an employee

23identification card to each of his or her employees. This

24employee identification card shall contain a recent photograph

25of the employee, the employee's name, the name and agency

26license number of the employer, the employee's personal

 
 
HB3818- 36 -LRB101 11428 SLF 57060 b


1description, the signature of the employer, the signature of

2that employee, the date of issuance, and an employee

3identification card number.

4 (g) No employer may issue an employee identification
card 
5to any person who is not employed by the employer in
accordance 
6with this Section or falsely state or represent
that a person 
7is or has been in his or her employ. It is
unlawful for an 
8applicant for registered employment to file
with the Department 
9the fingerprints of a person other than
himself or herself.

10 (h) Every employer shall obtain the identification card
of 
11every employee who terminates employment with him or her.

12 (i) Every employer shall maintain a separate roster of
the 
13names of all employees currently working in an armed
capacity 
14and submit the roster to the Department on request.

15 (j) No agency may employ any person to perform a
licensed 
16activity under this Act unless the person possesses a
valid 
17permanent employee registration card or a valid license
under 
18this Act, or is exempt pursuant to subsection (n).

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

20agency may employ a person in a temporary capacity if all of

21the following conditions are met:

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

25 receipt and fees.

26  (2) The agency has verification from the Department

 
 
HB3818- 37 -LRB101 11428 SLF 57060 b


1 that the applicant has no record of any criminal conviction

2 pursuant to the criminal history check conducted by the

3 Department of State Police. The agency shall maintain the

4 verification of the results of the Department of State 
5 Police
criminal history check as part of the employee 
6 record as
required under subsection (e) of this Section.

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

9 to be issued a permanent employee registration card.

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

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

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

15 An agency may employ only a permanent employee applicant

16for which it either submitted a permanent employee application

17and all required forms and fees or it confirms with the

18Department that a permanent employee application and all

19required forms and fees have been submitted by another agency,

20licensee or the permanent employee and all other requirements

21of this Section are met.

22 The Department shall have the authority to revoke,
without 
23a hearing, the temporary authority of an individual to
work 
24upon receipt of Federal Bureau of Investigation
fingerprint 
25data or a report of another official authority
indicating a 
26criminal conviction. If the Department has not
received a 
 
 
HB3818- 38 -LRB101 11428 SLF 57060 b


1temporary employee's Federal Bureau of
Investigation 
2fingerprint data within 120 days of the date the
Department 
3received the Department of State Police fingerprint
data, the 
4Department may, at its discretion, revoke the
employee's 
5temporary authority to work with 15 days written
notice to the 
6individual and the employing agency.

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

8if it knows or reasonably should have known that the person
has 
9been convicted of a crime under the laws of this State,
has 
10been convicted in another state of any crime that is a
crime 
11under the laws of this State, has been convicted of any
crime 
12in a federal court, or has been posted as an unapproved

13applicant by the Department. Notice by the Department to the

14agency, via certified mail, personal delivery, electronic

15mail, or posting on the Department's Internet site accessible

16to the agency that the person has been convicted of a crime

17shall be deemed constructive knowledge of the conviction on
the 
18part of the agency. The Department may adopt rules to
implement 
19this
subsection (k).

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

21capacity if:

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

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

25 from the employer; or

26  (2) the person wears any portion of his or her
official 
 
 
HB3818- 39 -LRB101 11428 SLF 57060 b


1 uniform, emblem of authority, or equipment while so

2 employed.

3 (m) If information is discovered affecting the

4registration of a person whose fingerprints were submitted

5under this Section, the Department shall so notify the agency

6that submitted the fingerprints on behalf of that person.

7 (n) Peace officers shall be exempt from the requirements
of 
8this Section relating to permanent employee registration

9cards. The agency shall remain responsible for any peace

10officer employed under this exemption, regardless of whether

11the peace officer is compensated as an employee or as an

12independent contractor and as further defined by rule.

13 (o) Persons who have no access to confidential or
security 
14information, who do not go to a client's or prospective 
15client's residence or place of business, and who otherwise do 
16not provide
traditional security services are exempt from 
17employee
registration. Examples of exempt employees include, 
18but are
not limited to, employees working in the capacity of 
19ushers,
directors, ticket takers, cashiers, drivers, and 
20reception
personnel. Confidential or security information is 
21that which
pertains to employee files, scheduling, client 
22contracts, or
technical security and alarm data.

23 (p) An applicant who is 21 years of age or older seeking a 
24religious exemption to the photograph requirement of this 
25Section shall furnish with the application an approved copy of 
26United States Department of the Treasury Internal Revenue 
 
 
HB3818- 40 -LRB101 11428 SLF 57060 b


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





6 (225 ILCS 447/35-35)



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

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

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

10carrying, or possession of a firearm in the performance of

11those duties without complying with the provisions of this

12Section and having been issued a valid firearm control
card by 
13the Department.

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

15duties for which licensure or employee registration is required 
16and allow
that person to carry a firearm unless that person has 
17complied
with all the firearm training requirements of this 
18Section and
has been issued a firearm control card. This Act

19permits only the following to carry firearms while actually

20engaged in the performance of their duties or while commuting

21directly to or from their places of employment: persons

22licensed as private detectives and their registered employees;

23persons licensed as private security contractors and their

24registered employees; persons licensed as private alarm

25contractors and their registered employees; and employees of a

 
 
HB3818- 41 -LRB101 11428 SLF 57060 b


1registered armed proprietary security force.

2 (c) Possession of a valid firearm control
card
allows a 
3licensee or employee to carry a firearm not otherwise 
4prohibited
by law while the licensee or employee is engaged in 
5the performance of his
or her duties or while the licensee or 
6employee is commuting directly to
or from the licensee's or 
7employee's place or places of employment.

8 (d) The Department shall issue a firearm control
card to a 
9person who has passed an approved firearm training
course, who 
10is currently licensed or employed by an agency licensed by
this 
11Act and has met all the requirements of this Act, and who is 
12not prohibited under State or federal law from possessing a 
13firearm
possesses a valid firearm owner identification card.

14Application for the firearm control card shall be made
by the 
15employer to the Department on forms provided by the
Department. 
16The Department shall forward the card to the
employer who shall 
17be responsible for its issuance to the licensee or
employee. 
18The firearm control card shall be issued by
the Department and 
19shall identify the person holding it and
the name of the course 
20where the licensee or employee received firearm
instruction and 
21shall specify the type of weapon or weapons
the person is 
22authorized by the Department to carry and for
which the person 
23has been trained.

24 (e) Expiration and requirements for renewal of firearm 
25control cards shall be determined by rule.

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

 
 
HB3818- 42 -LRB101 11428 SLF 57060 b


1disciplinary action permitted by this Act, refuse to issue,

2suspend, or revoke a firearm control card if the
applicant or 
3holder has been convicted of any felony or crime
involving the 
4illegal use, carrying, or possession of a deadly
weapon or for 
5a violation of this Act or rules adopted promulgated
under this 
6Act. The Department shall refuse to issue or shall
revoke a 
7firearm control card if the applicant or holder is prohibited 
8under State or federal law from possessing a firearm
fails to 
9possess a valid firearm owners identification card without 
10hearing.
The Secretary shall summarily suspend a firearm 
11control
card if the Secretary finds that its continued use 
12would
constitute an imminent danger to the public. A hearing 
13shall
be held before the Board within 30 days if the Secretary

14summarily suspends a firearm control card.

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

16contrary, all requirements relating to firearms control
cards 
17do not apply to a peace officer. If an individual ceases to be 
18employed as a peace officer and continues to perform services 
19in an armed capacity under this Act that are licensed 
20activities, then the individual is required to obtain a 
21permanent employee registration card pursuant to Section 35-30 
22of this Act and must possess a valid Firearm Owner's 
23Identification Card, but is not required to obtain a firearm 
24control card if the individual is otherwise in continuing 
25compliance with the federal Law Enforcement Officers Safety Act 
26of 2004. If an individual elects to carry a firearm pursuant to 
 
 
HB3818- 43 -LRB101 11428 SLF 57060 b


1the federal Law Enforcement Officers Safety Act of 2004, then 
2the agency employing the officer is required to submit a notice 
3of that election to the Department along with a fee specified 
4by rule. 

5 (h) The Department may issue a temporary firearm control 
6card pending issuance of a new firearm control card upon an 
7agency's acquiring of an established armed account. An agency 
8that has acquired armed employees as a result of acquiring an 
9established armed account may, on forms supplied by the 
10Department, request the issuance of a temporary firearm control 
11card for each acquired employee who held a valid firearm 
12control card under his or her employment with the newly 
13acquired established armed account immediately preceding the 
14acquiring of the account and who continues to meet all of the 
15qualifications for issuance of a firearm control card set forth 
16in this Act and any rules adopted under this Act. The 
17Department shall, by rule, set the fee for issuance of a 
18temporary firearm control card.

19 (i) The Department shall not issue a firearm control card 
20to a licensed fingerprint vendor or a licensed locksmith or 
21employees of a licensed fingerprint vendor agency or a licensed 
22locksmith agency.

23(Source: P.A. 100-712, eff. 8-3-18.)


24 Section 50. The Mental Health and Developmental 
25Disabilities Code is amended by changing Sections 6-103.1, 
 
 
HB3818- 44 -LRB101 11428 SLF 57060 b


16-103.2, and 6-103.3 as follows:

2 (405 ILCS 5/6-103.1)
3 Sec. 6-103.1. Adjudication as a person with a mental 
4disability. When a person has been adjudicated as a person with 
5a mental disability as defined in Section 1.1 of the Firearm 
6Owners Identification Card Act, including, but not limited to, 
7an adjudication as a person with a disability as defined in 
8Section 11a-2 of the Probate Act of 1975, the court shall 
9direct
the circuit court clerk to notify the
Department of 
10State Police, Firearm Owner's Identification
(FOID) Office, in 
11a form and manner prescribed by the Department of State Police, 
12and shall forward a copy of the court order to the Department 
13no later than 7 days after the entry of the order. Upon receipt 
14of the order, the Department of State Police shall provide 
15notification to the National Instant Criminal Background Check 
16System. In this Section, "has been adjudicated as a mentally 
17disabled person" means the person is the subject of a 
18determination by a court, board, commission, or other lawful 
19authority that the person, as a result of marked subnormal 
20intelligence, or mental illness, mental impairment, 
21incompetency, condition, or disease:

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

24  (2) lacks the mental capacity to manage his or her own 
25 affairs or is adjudicated a disabled person as defined in 
 
 
HB3818- 45 -LRB101 11428 SLF 57060 b


1 Section 11a-2 of the Probate Act of 1975;
2  (3) is not guilty in a criminal case by reason of 
3 insanity, mental disease or defect;
4  (3.5) is guilty but mentally ill, as provided in 
5 Section 5-2-6 of the Unified Code of Corrections; 
6  (4) is unfit to stand trial in a criminal case;
7  (5) is not guilty by reason of lack of mental 
8 responsibility under Articles 50a and 72b of the Uniform 
9 Code of Military Justice, 10 U.S.C. 850a, 876b;
10  (6) is a sexually violent person under subsection (f) 
11 of Section 5 of the Sexually Violent Persons Commitment 
12 Act;
13  (7) is a sexually dangerous person under the Sexually 
14 Dangerous Persons Act;
15  (8) is unfit to stand trial under the Juvenile Court 
16 Act of 1987;
17  (9) is not guilty by reason of insanity under the

18 Juvenile Court Act of 1987;
19  (10) is a person subject to involuntary admission on an

20 inpatient basis as defined in Section 1-119 of the Mental 
21 Health and Developmental Disabilities Code;
22  (11) is a person subject to involuntary admission on an

23 outpatient basis as defined in Section 1-119.1 of the 
24 Mental Health and Developmental Disabilities Code;
25  (12) is subject to judicial admission as set forth in

26 Section 4-500 of the Mental Health and Developmental 
 
 
HB3818- 46 -LRB101 11428 SLF 57060 b


1 Disabilities Code; or
2  (13) is subject to the provisions of the Interstate

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

5 (405 ILCS 5/6-103.2)
6 Sec. 6-103.2. Developmental disability; notice. If a 
7person 14 years old or older is determined to be a person with 
8a developmental disability by a physician, clinical 
9psychologist, or qualified examiner, the physician, clinical 
10psychologist, or qualified examiner shall notify the 
11Department of Human Services within 7 days of making the 
12determination that the person has a developmental disability. 
13The Department of Human Services shall immediately update its 
14records and information relating to mental health and 
15developmental disabilities, and if appropriate, shall notify 
16the Department of State Police in a form and manner prescribed 
17by the Department of State Police. Information disclosed under 
18this Section shall remain privileged and confidential, and 
19shall not be redisclosed, except as required under clause 
20(e)(2) of Section 24-4.5 of the Criminal Code of 2012 
21subsection (e) of Section 3.1 of the Firearm Owners 
22Identification Card Act, nor used for any other purpose. The 
23method of providing this information shall guarantee that the 
24information is not released beyond that which is necessary for 
25the purpose of this Section and shall be provided by rule by 
 
 
HB3818- 47 -LRB101 11428 SLF 57060 b


1the Department of Human Services. The identity of the person 
2reporting under this Section shall not be disclosed to the 
3subject of the report.
4 The physician, clinical psychologist, or qualified 
5examiner making the determination and his or her employer may 
6not be held criminally, civilly, or professionally liable for 
7making or not making the notification required under this 
8Section, except for willful or wanton misconduct.

9 In this Section, "developmentally disabled" has the 
10meaning ascribed to it in Section 12 of the Mental Health and 
11Developmental Disabilities Confidentiality Act. 
12 In For purposes of this Section, "developmental 
13disability" means a disability which is attributable to any 
14other condition which results in impairment similar to that 
15caused by an intellectual disability and which requires 
16services similar to those required by intellectually disabled 
17persons. The disability must originate before the age of 18 
18years, be expected to continue indefinitely, and constitute a 
19substantial disability. This disability results, in the 
20professional opinion of a physician, clinical psychologist, or 
21qualified examiner, in significant functional limitations in 3 
22or more of the following areas of major life activity:
23  (i) self-care;
24  (ii) receptive and expressive language;
25  (iii) learning;
26  (iv) mobility; or
 
 
HB3818- 48 -LRB101 11428 SLF 57060 b


1  (v) self-direction.
2 "Determined to be a person with a developmental disability 
3by a physician, clinical psychologist, or qualified examiner" 
4means in the professional opinion of the physician, clinical 
5psychologist, or qualified examiner, a person is diagnosed, 
6assessed, or evaluated as having a developmental disability. 
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 (405 ILCS 5/6-103.3)
10 Sec. 6-103.3. Clear and present danger; notice. If a person 
11is determined to pose a clear and present danger to himself, 
12herself, or to others by a physician, clinical psychologist, or 
13qualified examiner, whether employed by the State, by any 
14public or private mental health facility or part thereof, or by 
15a law enforcement official or a school administrator, then the 
16physician, clinical psychologist, qualified examiner shall 
17notify the Department of Human Services and a law enforcement 
18official or school administrator shall notify the Department of 
19State Police, within 24 hours of making the determination that 
20the person poses a clear and present danger. The Department of 
21Human Services shall immediately update its records and 
22information relating to mental health and developmental 
23disabilities, and if appropriate, shall notify the Department 
24of State Police in a form and manner prescribed by the 
25Department of State Police. Information disclosed under this 
 
 
HB3818- 49 -LRB101 11428 SLF 57060 b


1Section shall remain privileged and confidential, and shall not 
2be redisclosed, except as required under clause (e)(2) of 
3Section 24-4.5 of the Criminal Code of 2012 subsection (e) of 
4Section 3.1 of the Firearm Owners Identification Card Act, nor 
5used for any other purpose. The method of providing this 
6information shall guarantee that the information is not 
7released beyond that which is necessary for the purpose of this 
8Section and shall be provided by rule by the Department of 
9Human Services. The identity of the person reporting under this 
10Section shall not be disclosed to the subject of the report. 
11The physician, clinical psychologist, qualified examiner, law 
12enforcement official, or school administrator making the 
13determination and his or her employer shall not be held 
14criminally, civilly, or professionally liable for making or not 
15making the notification required under this Section, except for 
16willful or wanton misconduct. This Section does not apply to a 
17law enforcement official, if making the notification under this 
18Section will interfere with an ongoing or pending criminal 
19investigation.
20 In For the purposes of this Section:
21  "Clear and present danger" means a person who:
22   (1) communicates a serious threat of physical

23 violence against a reasonably identifiable victim or 
24 poses a clear and imminent risk of serious physical 
25 injury to himself, herself, or another person as 
26 determined by a physician, clinical psychologist, or 
 
 
HB3818- 50 -LRB101 11428 SLF 57060 b


1 qualified examiner; or
2   (2) demonstrates threatening physical or verbal

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

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

22 Section 55. The Lead Poisoning Prevention Act is amended by 
23changing Section 2 as follows:



24 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)


 
 
HB3818- 51 -LRB101 11428 SLF 57060 b


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

2 "Child care facility" means any structure used by a child 
3care
provider licensed by the Department of Children and Family 
4Services or
public or private school structure frequented by 
5children 6 years of
age or younger.

6 "Childhood Lead Risk Questionnaire" means the 
7questionnaire developed by the Department for use by physicians 
8and other health care providers to determine risk factors for 
9children 6 years of age or younger residing in areas designated 
10as low risk for lead exposure.
11 "Delegate agency" means a unit of local government or 
12health
department approved by the Department to carry out the 
13provisions of this Act.

14 "Department" means the Department of Public Health.

15 "Director" means the Director of Public Health. 

16 "Dwelling unit" means an individual unit within a 
17residential building used as living quarters for one household. 
18 "Elevated blood lead level" means a blood lead level in 
19excess of the limits established under State rules. 
20 "Exposed surface" means any interior or exterior surface of

21a regulated facility. 
22 "High risk area" means an area in the State determined by 
23the Department to
be high risk for lead exposure for children 6 
24years of age or younger. The
Department may consider, but is 
25not limited to, the following factors to
determine a high risk 
26area: age and condition (using Department of Housing and
Urban

 
 
HB3818- 52 -LRB101 11428 SLF 57060 b


1Development definitions of "slum" and "blighted") of housing, 
2proximity to
highway traffic or heavy local traffic or both, 
3percentage of housing
determined as rental or vacant, proximity 
4to industry using lead, established
incidence of elevated blood 
5lead levels in children, percentage of population
living
below 
6200% of federal poverty guidelines, and number of children 
7residing in
the area who are 6 years of age or younger.

8 "Lead abatement" means any approved work practices that 
9will permanently eliminate lead exposure or remove the 
10lead-bearing substances in a regulated facility. The 
11Department shall establish by rule which work practices are 
12approved or prohibited for lead abatement. 
13 "Lead abatement contractor" means any person or entity 
14licensed by the
Department to perform lead abatement and 
15mitigation.

16 "Lead abatement supervisor" means any person employed by a 
17lead abatement contractor and licensed by the Department to 
18perform lead abatement and lead mitigation and to supervise 
19lead workers who perform lead abatement and lead mitigation. 
20 "Lead abatement worker" means any person employed by a lead 
21abatement
contractor and licensed by the Department to perform 
22lead abatement and
mitigation.

23 "Lead activities" means the conduct of any lead services, 
24including, lead inspection, lead risk assessment, lead 
25mitigation, or lead abatement work or supervision in a 
26regulated facility. 
 
 
HB3818- 53 -LRB101 11428 SLF 57060 b


1 "Lead-bearing substance" means any item containing or 
2coated with lead such that the lead content is more than 
3six-hundredths of one percent (0.06%) lead by total weight; or 
4any dust on surfaces or in
furniture or other nonpermanent 
5elements of the regulated facility; or any paint or
other 
6surface coating material containing more than five-tenths of 
7one
percent (0.5%) lead by total weight (calculated as lead 
8metal) in the total
non-volatile content of liquid paint; or 
9lead-bearing substances containing
greater than one milligram 
10per square centimeter or any lower standard for
lead content in 
11residential paint as may be established by federal law or rule; 
12or more than 1 milligram per square centimeter in the dried

13film of paint or previously applied substance; or item or dust 
14on item containing lead in
excess of the amount specified in 
15the rules authorized by
this Act or a lower standard for lead 
16content as may be established by
federal law or rule. 
17"Lead-bearing substance" does not include firearm ammunition 
18or components as defined by Section 2-7.1 of the Criminal Code 
19of 2012  the Firearm Owners Identification Card Act.

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

21immediate health hazard to humans.

22 "Lead hazard screen" means a lead risk assessment that 
23involves limited dust and paint sampling for lead-bearing 
24substances and lead hazards. This service is used as a 
25screening tool designed to determine if further lead 
26investigative services are required for the regulated 
 
 
HB3818- 54 -LRB101 11428 SLF 57060 b


1facility.
2 "Lead inspection" means a surface-by-surface investigation 
3to determine the presence of lead-based paint.
4 "Lead inspector" means an individual who has been trained 
5by a Department-approved training program and is licensed by 
6the Department to conduct lead inspections; to sample for the 
7presence of lead in paint, dust, soil, and water; and to 
8conduct compliance investigations. 
9 "Lead mitigation" means the remediation, in a
manner 
10described in Section 9, of a lead hazard so that the

11lead-bearing substance does not pose an immediate
health hazard 
12to humans. 
13 "Lead poisoning" means having an elevated blood lead level.

14 "Lead risk assessment" means an on-site investigation to 
15determine the existence, nature, severity, and location of lead 
16hazards. "Lead risk assessment" includes any lead sampling and 
17visual assessment associated with conducting a lead risk 
18assessment and lead hazard screen and all lead sampling 
19associated with compliance investigations.
20 "Lead risk assessor" means an individual who has been 
21trained by a Department-approved training program and is 
22licensed by the Department to conduct lead risk assessments, 
23lead inspections, and lead hazard screens; to sample for the 
24presence of lead in paint, dust, soil, water, and sources for 
25lead-bearing substances; and to conduct compliance 
26investigations.
 
 
HB3818- 55 -LRB101 11428 SLF 57060 b


1 "Lead training program provider" means any person 
2providing Department-approved lead training in Illinois to 
3individuals seeking licensure in accordance with the Act. 
4 "Low risk area" means an area in the State determined by

5the Department to be low risk for lead exposure for children 6 
6years of age or younger. The Department may consider the 
7factors named in "high risk area" to determine low
risk areas. 
8 "Owner" means any person, who alone, jointly, or severally 
9with
others:

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

11 without actual possession of the regulated facility, or

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

16 "Person" means any individual, partnership, firm, company, 
17limited liability company, corporation, association, joint 
18stock company, trust, estate, political subdivision, State 
19agency, or any other legal entity, or their legal 
20representative, agent, or assign.

21 "Regulated facility" means a residential building or child 
22care facility. 
23 "Residential building" means any room, group of rooms, or 
24other
interior areas of a structure designed or used for human 
25habitation; common
areas accessible by inhabitants; and the 
26surrounding property or structures.

 
 
HB3818- 56 -LRB101 11428 SLF 57060 b


1(Source: P.A. 100-723, eff. 1-1-19.)



2 (430 ILCS 65/Act rep.)

3 Section 60. The Firearm Owners Identification Card Act is 
4repealed.

5 Section 65. The Firearm Concealed Carry Act is amended by 
6changing Sections 25, 30, 40, 70, 80, and 105 as follows:

7 (430 ILCS 66/25)

8 Sec. 25. Qualifications for a license. 
9 The Department shall issue a license to an applicant 
10completing an application in accordance with Section 30 of this 
11Act if the person:
12  (1) is at least 21 years of age;
13  (2) has a currently valid Firearm Owner's 
14 Identification Card and at the time of application meets 
15 the requirements for the issuance of a Firearm Owner's 
16 Identification Card and is not prohibited under State or 
17 the Firearm Owners Identification Card Act or federal law 
18 from possessing or receiving a firearm;
19  (3) has not been convicted or found guilty in this 
20 State or in any other state of:
21   (A) a misdemeanor involving the use or threat of 
22 physical force or violence to any person within the 5 
23 years preceding the date of the license application; or
 
 
HB3818- 57 -LRB101 11428 SLF 57060 b


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

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

16 (430 ILCS 66/30)

17 Sec. 30. Contents of license application. 
18 (a) The license application shall be in writing, under 
19penalty of perjury, on a standard form adopted by the 
20Department and shall be accompanied by the documentation 
21required in this Section and the applicable fee. Each 
22application form shall include the following statement printed 
23in bold type: "Warning: Entering false information on this form 
24is punishable as perjury under Section 32-2 of the Criminal 
25Code of 2012."
 
 
HB3818- 58 -LRB101 11428 SLF 57060 b


1 (b) The application shall contain the following:
2  (1) the applicant's name, current address, date and 
3 year of birth, place of birth, height, weight, hair color, 
4 eye color, maiden name or any other name the applicant has 
5 used or identified with, and any address where the 
6 applicant resided for more than 30 days within the 10 years 
7 preceding the date of the license application;
8  (2) the applicant's valid driver's license number or 
9 valid state identification card number;
10  (3) a waiver of the applicant's privacy and 
11 confidentiality rights and privileges under all federal 
12 and state laws, including those limiting access to juvenile 
13 court, criminal justice, psychological, or psychiatric 
14 records or records relating to any institutionalization of 
15 the applicant, and an affirmative request that a person 
16 having custody of any of these records provide it or 
17 information concerning it to the Department. The waiver 
18 only applies to records sought in connection with 
19 determining whether the applicant qualifies for a license 
20 to carry a concealed firearm under this Act, or whether the 
21 applicant remains in compliance with the Firearm Owners 
22 Identification Card Act;
23  (4) an affirmation that the applicant is not prohibited 
24 under State or federal law from possessing or receiving a 
25 firearm possesses a currently valid Firearm Owner's 
26 Identification Card and card number if possessed or notice 
 
 
HB3818- 59 -LRB101 11428 SLF 57060 b


1 the applicant is applying for a Firearm Owner's 
2 Identification Card in conjunction with the license 
3 application;
4  (5) an affirmation that the applicant has not been 
5 convicted or found guilty of:
6   (A) a felony;
7   (B) a misdemeanor involving the use or threat of 
8 physical force or violence to any person within the 5 
9 years preceding the date of the application; or
10   (C) 2 or more violations related to driving while 
11 under the influence of alcohol, other drug or drugs, 
12 intoxicating compound or compounds, or any combination 
13 thereof, within the 5 years preceding the date of the 
14 license application; and
15  (6) whether the applicant has failed a drug test for a 
16 drug for which the applicant did not have a prescription, 
17 within the previous year, and if so, the provider of the 
18 test, the specific substance involved, and the date of the 
19 test;
20  (7) written consent for the Department to review and 
21 use the applicant's Illinois digital driver's license or 
22 Illinois identification card photograph and signature;
23  (8) a full set of fingerprints submitted to the 
24 Department in electronic format, provided the Department 
25 may accept an application submitted without a set of 
26 fingerprints in which case the Department shall be granted 
 
 
HB3818- 60 -LRB101 11428 SLF 57060 b


1 30 days in addition to the 90 days provided under 
2 subsection (e) of Section 10 of this Act to issue or deny a 
3 license;
4  (9) a head and shoulder color photograph in a size 
5 specified by the Department taken within the 30 days 
6 preceding the date of the license application; and
7  (10) a photocopy of any certificates or other evidence 
8 of compliance with the training requirements under this 
9 Act.

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

11 (430 ILCS 66/40)

12 Sec. 40. Non-resident license applications. 
13 (a) For the purposes of this Section, "non-resident" means 
14a person who has not resided within this State for more than 30 
15days and resides in another state or territory.
16 (b) The Department shall by rule allow for non-resident 
17license applications from any state or territory of the United 
18States with laws related to firearm ownership, possession, and 
19carrying, that are substantially similar to the requirements to 
20obtain a license under this Act.
21 (c) A resident of a state or territory approved by the 
22Department under subsection (b) of this Section may apply for a 
23non-resident license. The applicant shall apply to the 
24Department and must meet all of the qualifications established 
25in Section 25 of this Act, except for the Illinois residency 
 
 
HB3818- 61 -LRB101 11428 SLF 57060 b


1requirement in item (xiv) of paragraph (2) of subsection (a) of 
2Section 4 of the Firearm Owners Identification Card Act. The 
3applicant shall submit:
4  (1) the application and documentation required under 
5 Section 30 of this Act and the applicable fee;
6  (2) a notarized document stating that the applicant:
7   (A) is eligible under federal law and the laws of 
8 his or her state or territory of residence to own or 
9 possess a firearm;
10   (B) if applicable, has a license or permit to carry 
11 a firearm or concealed firearm issued by his or her 
12 state or territory of residence and attach a copy of 
13 the license or permit to the application;
14   (C) understands Illinois laws pertaining to the 
15 possession and transport of firearms; and
16   (D) acknowledges that the applicant is subject to 
17 the jurisdiction of the Department and Illinois courts 
18 for any violation of this Act;
19  (3) a photocopy of any certificates or other evidence 
20 of compliance with the training requirements under Section 
21 75 of this Act; and
22  (4) a head and shoulder color photograph in a size 
23 specified by the Department taken within the 30 days 
24 preceding the date of the application.
25 (d) In lieu of an Illinois driver's license or Illinois 
26identification card, a non-resident applicant shall provide 
 
 
HB3818- 62 -LRB101 11428 SLF 57060 b


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

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

22 applicable; and
23  (3) is not in possession of a license under this Act.
24 If the non-resident leaves his or her vehicle unattended, 
25he or she shall store the firearm within a locked vehicle or 
26locked container within the vehicle in accordance with 
 
 
HB3818- 63 -LRB101 11428 SLF 57060 b


1subsection (b) of Section 65 of this Act.

2(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78, 
3eff. 7-20-15.)

4 (430 ILCS 66/70)
5 Sec. 70. Violations. 
6 (a) A license issued or renewed under this Act shall be 
7revoked if, at any time, the licensee is found to be ineligible 
8for a license under this Act or the licensee is prohibited from 
9possessing a firearm under State or federal law no longer meets 
10the eligibility requirements of the Firearm Owners 
11Identification Card Act.
12 (b) A license shall be suspended if an order of protection, 
13including an emergency order of protection, plenary order of 
14protection, or interim order of protection under Article 112A 
15of the Code of Criminal Procedure of 1963 or under the Illinois 
16Domestic Violence Act of 1986, or if a firearms restraining 
17order, including an emergency firearms restraining order, 
18under the Firearms Restraining Order Act, is issued against a 
19licensee for the duration of the order, or if the Department is 
20made aware of a similar order issued against the licensee in 
21any other jurisdiction. If an order of protection is issued 
22against a licensee, the licensee shall surrender the license, 
23as applicable, to the court at the time the order is entered or 
24to the law enforcement agency or entity serving process at the 
25time the licensee is served the order. The court, law 
 
 
HB3818- 64 -LRB101 11428 SLF 57060 b


1enforcement agency, or entity responsible for serving the order 
2of protection shall notify the Department within 7 days and 
3transmit the license to the Department.
4 (c) A license is invalid upon expiration of the license, 
5unless the licensee has submitted an application to renew the 
6license, and the applicant is otherwise eligible to possess a 
7license under this Act.
8 (d) A licensee shall not carry a concealed firearm while 
9under the influence of alcohol, other drug or drugs, 
10intoxicating compound or combination of compounds, or any 
11combination thereof, under the standards set forth in 
12subsection (a) of Section 11-501 of the Illinois Vehicle Code.
13 A licensee in violation of this subsection (d) shall be 
14guilty of a Class A misdemeanor for a first or second violation 
15and a Class 4 felony for a third violation. The Department may 
16suspend a license for up to 6 months for a second violation and 
17shall permanently revoke a license for a third violation.
18 (e) Except as otherwise provided, a licensee in violation 
19of this Act shall be guilty of a Class B misdemeanor. A second 
20or subsequent violation is a Class A misdemeanor. The 
21Department may suspend a license for up to 6 months for a 
22second violation and shall permanently revoke a license for 3 
23or more violations of Section 65 of this Act. Any person 
24convicted of a violation under this Section shall pay a $150 
25fee to be deposited into the Mental Health Reporting Fund, plus 
26any applicable court costs or fees.
 
 
HB3818- 65 -LRB101 11428 SLF 57060 b


1 (f) A licensee convicted or found guilty of a violation of 
2this Act who has a valid license and is otherwise eligible to 
3carry a concealed firearm shall only be subject to the 
4penalties under this Section and shall not be subject to the 
5penalties under Section 21-6, paragraph (4), (8), or (10) of 
6subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) 
7of paragraph (3) of subsection (a) of Section 24-1.6 of the 
8Criminal Code of 2012. Except as otherwise provided in this 
9subsection, nothing in this subsection prohibits the licensee 
10from being subjected to penalties for violations other than 
11those specified in this Act.
12 (g) A licensee whose license is revoked, suspended, or 
13denied shall, within 48 hours of receiving notice of the 
14revocation, suspension, or denial, surrender his or her 
15concealed carry license to the local law enforcement agency 
16where the person resides. The local law enforcement agency 
17shall provide the licensee a receipt and transmit the concealed 
18carry license to the Department of State Police. If the 
19licensee whose concealed carry license has been revoked, 
20suspended, or denied fails to comply with the requirements of 
21this subsection, the law enforcement agency where the person 
22resides may petition the circuit court to issue a warrant to 
23search for and seize the concealed carry license in the 
24possession and under the custody or control of the licensee 
25whose concealed carry license has been revoked, suspended, or 
26denied. The observation of a concealed carry license in the 
 
 
HB3818- 66 -LRB101 11428 SLF 57060 b


1possession of a person whose license has been revoked, 
2suspended, or denied constitutes a sufficient basis for the 
3arrest of that person for violation of this subsection. A 
4violation of this subsection is a Class A misdemeanor.
5 (h) (Blank). A license issued or renewed under this Act 
6shall be revoked if, at any time, the licensee is found 
7ineligible for a Firearm Owner's Identification Card, or the 
8licensee no longer possesses a valid Firearm Owner's 
9Identification Card. A licensee whose license is revoked under 
10this subsection (h) shall surrender his or her concealed carry 
11license as provided for in subsection (g) of this Section. 
12 This subsection shall not apply to a person who has filed 
13an application with the State Police for renewal of a Firearm

14Owner's Identification Card and who is not otherwise ineligible 
15to obtain a Firearm Owner's Identification Card.

16 (i) A certified firearms instructor who knowingly provides 
17or offers to provide a false certification that an applicant 
18has completed firearms training as required under this Act is 
19guilty of a Class A misdemeanor. A person guilty of a violation 
20of this subsection (i) is not eligible for court supervision. 
21The Department shall permanently revoke the firearms 
22instructor certification of a person convicted under this 
23subsection (i). 
24(Source: P.A. 100-607, eff. 1-1-19.)

25 (430 ILCS 66/80)
 
 
HB3818- 67 -LRB101 11428 SLF 57060 b


1 Sec. 80. Certified firearms instructors. 
2 (a) Within 60 days of the effective date of this Act, the 
3Department shall begin approval of certified firearms 
4instructors and enter certified firearms instructors into an 
5online registry on the Department's website.
6 (b) A person who is not a certified firearms instructor 
7shall not teach applicant training courses or advertise or 
8otherwise represent courses they teach as qualifying their 
9students to meet the requirements to receive a license under 
10this Act. Each violation of this subsection is a business 
11offense with a fine of at least $1,000 per violation.
12 (c) A person seeking to become a certified firearms 
13instructor shall:
14  (1) be at least 21 years of age;
15  (2) be a legal resident of the United States; and
16  (3) meet the requirements of Section 25 of this Act, 
17 except for the Illinois residency
requirement in item (xiv) 
18 of paragraph (2) of subsection (a) of Section 4 of the 
19 Firearm
Owners Identification Card Act; and any additional 
20 uniformly applied requirements established by the 
21 Department.
22 (d) A person seeking to become a certified firearms 
23instructor, in addition to the requirements of subsection (c) 
24of this Section, shall:
25  (1) possess a high school diploma or high school 
26 equivalency certificate; and
 
 
HB3818- 68 -LRB101 11428 SLF 57060 b


1  (2) have at least one of the following valid firearms 
2 instructor certifications:
3   (A) certification from a law enforcement agency;
4   (B) certification from a firearm instructor course 
5 offered by a State or federal governmental agency;
6   (C) certification from a firearm instructor 
7 qualification course offered by the Illinois Law 
8 Enforcement Training Standards Board; or
9   (D) certification from an entity approved by the 
10 Department that offers firearm instructor education 
11 and training in the use and safety of firearms.
12 (e) A person may have his or her firearms instructor 
13certification denied or revoked if he or she does not meet the 
14requirements to obtain a license under this Act, provides false 
15or misleading information to the Department, or has had a prior 
16instructor certification revoked or denied by the Department.

17(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718, 
18eff. 1-1-15.)

19 (430 ILCS 66/105)

20 Sec. 105. Duty of school administrator. It is the duty of 
21the principal
of a public elementary or secondary school, or 
22his or her designee, and the
chief administrative officer of a 
23private elementary or secondary school or a
public or private 
24community college, college, or university, or his or her

25designee, to report to the Department of State Police when a 
 
 
HB3818- 69 -LRB101 11428 SLF 57060 b


1student is determined to pose a clear and present danger to 
2himself, herself, or to others, within 24 hours of
the 
3determination as provided in Section 6-103.3 of the Mental 
4Health and Developmental Disabilities Code. "Clear and present 
5danger" has the meaning as provided in paragraph (2) of the 
6definition of "clear and present danger" in Section 6-103.3 of 
7the Mental Health and Developmental Disabilities Code 1.1 of 
8the Firearm Owners Identification Card Act.

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

10 Section 70. The Wildlife Code is amended by changing 
11Sections 3.2 and 3.2a as follows:



12 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)



13 Sec. 3.2. Hunting license; application; instruction. 
14Before the
Department or any county, city, village, township, 
15incorporated town clerk
or his duly designated agent or any 
16other person authorized or designated
by the Department to 
17issue hunting licenses shall issue a hunting license
to any 
18person, the person shall file his application with the 
19Department or
other party authorized to issue licenses on a 
20form provided by the
Department and further give definite proof 
21of identity and place of legal
residence. Each clerk 
22designating agents to issue licenses and stamps
shall furnish 
23the Department, within 10 days following the appointment, the

24names and mailing addresses of the agents. Each clerk or his 
 
 
HB3818- 70 -LRB101 11428 SLF 57060 b


1duly
designated agent shall be authorized to sell licenses and 
2stamps only
within the territorial area for which he was 
3elected or appointed. No duly
designated agent is authorized to 
4furnish licenses or stamps for
issuance by any other business 
5establishment. Each
application shall be executed and sworn to 
6and shall set forth the name
and description of the applicant 
7and place of residence.

8 No hunting license shall be issued to any person born on or 
9after January
1,
1980
unless he presents the person authorized 
10to issue the license
evidence that he has held a hunting 
11license issued by the State of Illinois
or another state in a 
12prior year, or a certificate of competency as
provided in this 
13Section. Persons under 18 years of age may be issued a
Lifetime 
14Hunting or Sportsmen's Combination License as provided under 
15Section
20-45 of the Fish and Aquatic Life Code but shall not 
16be entitled to hunt alone, without the supervision of an adult 
17age 21 or older order,
unless they have a certificate of 
18competency as provided in this Section and
the certificate is 
19in their possession while hunting.

20 The Department of Natural Resources shall authorize

21personnel of the
Department or certified volunteer instructors 
22to conduct courses, of not
less than 10 hours in length, in 
23firearms and hunter safety, which may include
training in bow 
24and arrow safety, at regularly specified intervals throughout

25the State. Persons successfully completing the course shall 
26receive a
certificate of competency. The Department of Natural 
 
 
HB3818- 71 -LRB101 11428 SLF 57060 b


1Resources may further
cooperate with any reputable association 
2or organization in establishing
courses if the organization has 
3as one of its objectives the promotion of
safety in the 
4handling of firearms or bow and arrow.

5 The Department of Natural Resources shall designate any

6person found by it
to be competent to give instruction in the 
7handling of firearms, hunter
safety, and bow and arrow. The 
8persons so appointed shall give the
course of instruction and 
9upon the successful completion shall
issue to the person 
10instructed a certificate of competency in the safe
handling of 
11firearms, hunter safety, and bow and arrow. No charge shall
be 
12made for any course of instruction except for materials or 
13ammunition
consumed. The Department of Natural Resources shall

14furnish information on
the requirements of hunter safety 
15education programs to be distributed
free of charge to 
16applicants for hunting licenses by the persons
appointed and 
17authorized to issue licenses. Funds for the conducting of

18firearms and hunter safety courses shall be taken from the fee 
19charged
for the Firearm Owners Identification Card.

20 The fee for a hunting license to hunt all species for a 
21resident of
Illinois is $12. For residents age 65 or older, 
22and, commencing with the 2012 license year, resident veterans 
23of the United States Armed Forces after returning from service 
24abroad or mobilization by the President of the United States, 
25the fee is one-half of the
fee charged for a hunting license to 
26hunt all species for a resident of
Illinois. Veterans must 
 
 
HB3818- 72 -LRB101 11428 SLF 57060 b


1provide to the Department, at one of the Department's 5 
2regional offices, verification of their service. The 
3Department shall establish what constitutes suitable 
4verification of service for the purpose of issuing resident 
5veterans hunting
licenses at a reduced fee. The fee for a 
6hunting license to hunt all species shall be $1 for residents 
7over 75 years of age. Nonresidents shall be charged $57 for a 
8hunting license.

9 Nonresidents may be issued a nonresident hunting license 
10for a
period not to exceed 10 consecutive days' hunting in the 
11State and shall
be charged a fee of $35.

12 A special nonresident hunting license authorizing a 
13nonresident to
take game birds by hunting on a game breeding 
14and hunting preserve
area only, established under Section 3.27, 
15shall be issued upon proper
application being made and payment 
16of a fee equal to that for a resident
hunting license. The 
17expiration date of this license shall be on the same
date each 
18year that game breeding and hunting preserve
area licenses 
19expire.

20 Each applicant for a State Migratory Waterfowl Stamp, 
21regardless of
his residence or other condition, shall pay a fee 
22of $15 and
shall receive a stamp. The fee for a State Migratory 
23Waterfowl Stamp shall be waived for residents over 75 years of 
24age. Except as provided under
Section 20-45 of the Fish and 
25Aquatic Life Code,
the stamp shall be signed by the person or 
26affixed to his license
or permit in a space designated by the 
 
 
HB3818- 73 -LRB101 11428 SLF 57060 b


1Department for that purpose.

2 Each applicant for a State Habitat Stamp, regardless of his 
3residence
or other condition, shall pay a fee of $5 and shall 
4receive a
stamp. The fee for a State Habitat Stamp shall be 
5waived for residents over 75 years of age. Except as provided 
6under Section 20-45 of the Fish and Aquatic Life
Code, the 
7stamp shall be signed by the person or affixed to his license 
8or
permit in a space designated by the Department for that 
9purpose.

10 Nothing in this Section shall be construed as to require 
11the purchase
of more than one State Habitat Stamp by any person 
12in any one license year.

13 The fees for State Pheasant Stamps and State Furbearer 
14Stamps shall be waived for residents over 75 years of age. 
15 The Department shall furnish the holders of hunting 
16licenses and stamps
with an insignia as evidence of possession 
17of license, or license and
stamp, as the Department may 
18consider advisable. The insignia shall be
exhibited and used as 
19the Department may order.

20 All other hunting licenses and all State stamps shall 
21expire upon
March 31 of each year.

22 Every person holding any license, permit, or stamp issued 
23under the
provisions of this Act shall have it in his 
24possession for immediate
presentation for inspection to the 
25officers and authorized employees of
the Department, any 
26sheriff, deputy sheriff, or any other peace officer making
a 
 
 
HB3818- 74 -LRB101 11428 SLF 57060 b


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. 100-638, eff. 1-1-19; revised 10-3-18.)






7 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)



8 Sec. 3.2a. 
Every person holding any license, permit or 
9stamp issued under the
provisions hereof shall have it in his 
10possession for immediate
presentation for inspection to the 
11officers and authorized employees of
the Department, any 
12sheriff, deputy sheriff or any other peace officer making
a 
13demand for it.
This provision shall not apply to Department 
14owned or managed sites where
it is required that all hunters 
15deposit their license or , permit or Firearm
Owner's 
16Identification Card at the check station upon entering the 
17hunting areas. 

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



19 Section 75. The Clerks of Courts Act is amended by changing 
20Section 27.3a as follows:



21 (705 ILCS 105/27.3a)


22 (Section scheduled to be repealed on July 1, 2019)

23 Sec. 27.3a. Fees for automated record keeping, probation 
 
 
HB3818- 75 -LRB101 11428 SLF 57060 b


1and court services operations, State and Conservation Police 
2operations, and e-business programs. 

3 1. The expense of establishing and maintaining automated 
4record
keeping systems in the offices of the clerks of the 
5circuit court shall
be borne by the county. To defray such 
6expense in any county having
established such an automated 
7system or which elects to establish such a
system, the county 
8board may require the clerk of the circuit court in
their 
9county to charge and collect a court automation fee of not less 
10than
$1 nor more than $25 to be charged and collected by the 
11clerk of the court.
Such fee shall be paid at the time of 
12filing the first pleading, paper or
other appearance filed by 
13each party in all civil cases or by the defendant
in any 
14felony, traffic, misdemeanor, municipal ordinance, or 
15conservation
case upon a judgment of guilty or grant of 
16supervision, provided that
the record keeping system which 
17processes the case
category for which the fee is charged is 
18automated or has been approved for
automation by the county 
19board, and provided further that no additional fee
shall be 
20required if more than one party is presented in a single 
21pleading,
paper or other appearance. Such fee shall be 
22collected in the manner in
which all other fees or costs are 
23collected.

24 1.1. Starting on July 6, 2012 (the effective date of Public 
25Act 97-761) and pursuant to an administrative order from the 
26chief judge of the circuit or the presiding judge of the county 
 
 
HB3818- 76 -LRB101 11428 SLF 57060 b


1authorizing such collection, a clerk of the circuit court in 
2any county that imposes a fee pursuant to subsection 1 of this 
3Section shall also charge and collect an additional $10 
4operations fee for probation and court services department 
5operations.
6 This additional fee shall be paid by the defendant in any 
7felony, traffic, misdemeanor, local ordinance, or conservation 
8case upon a judgment of guilty or grant of supervision, except 
9such $10 operations fee shall not be charged and collected in 
10cases governed by Supreme Court Rule 529 in which the bail 
11amount is $120 or less. 
12 1.2. With respect to the fee imposed and collected under 
13subsection 1.1 of this Section, each clerk shall transfer all 
14fees monthly to the county treasurer for deposit into the 
15probation and court services fund created under Section 15.1 of 
16the Probation and Probation Officers Act, and such monies shall 
17be disbursed from the fund only at the direction of the chief 
18judge of the circuit or another judge designated by the Chief 
19Circuit Judge in accordance with the policies and guidelines 
20approved by the Supreme Court. 
21 1.5. Starting on June 1, 2014, a clerk of the circuit court 
22in any county that imposes a fee pursuant to subsection 1 of 
23this Section, shall charge and collect an additional fee in an 
24amount equal to the amount of the fee imposed pursuant to 
25subsection 1 of this Section, except the fee imposed under this 
26subsection may not be more than $15. This additional fee shall 
 
 
HB3818- 77 -LRB101 11428 SLF 57060 b


1be paid by the defendant in any felony, traffic, misdemeanor, 
2or local ordinance case upon a judgment of guilty or grant of 
3supervision. This fee shall not be paid by the defendant for 
4any violation listed in subsection 1.6 of this Section.
5 1.6. Starting on June 1, 2014, a clerk of the circuit court 
6in any county that imposes a fee pursuant to subsection 1 of 
7this Section shall charge and collect an additional fee in an 
8amount equal to the amount of the fee imposed pursuant to 
9subsection 1 of this Section, except the fee imposed under this 
10subsection may not be more than $15. This additional fee shall 
11be paid by the defendant upon a judgment of guilty or grant of 
12supervision for a violation under the State Parks Act, the 
13Recreational Trails of Illinois Act, the Illinois Explosives 
14Act, the Timber Buyers Licensing Act, the Forest Products 
15Transportation Act, the Firearm Owners Identification Card 
16Act, the Environmental Protection Act, the Fish and Aquatic 
17Life Code, the Wildlife Code, the Cave Protection Act, the 
18Illinois Exotic Weed Act, the Illinois Forestry Development 
19Act, the Ginseng Harvesting Act, the Illinois Lake Management 
20Program Act, the Illinois Natural Areas Preservation Act, the 
21Illinois Open Land Trust Act, the Open Space Lands Acquisition 
22and Development Act, the Illinois Prescribed Burning Act, the 
23State Forest Act, the Water Use Act of 1983, the Illinois 
24Veteran, Youth, and Young Adult Conservation Jobs Act, the 
25Snowmobile Registration and Safety Act, the Boat Registration 
26and Safety Act, the Illinois Dangerous Animals Act, the Hunter 
 
 
HB3818- 78 -LRB101 11428 SLF 57060 b


1and Fishermen Interference Prohibition Act, the Wrongful Tree 
2Cutting Act, or Section 11-1426.1, 11-1426.2, 11-1427, 
311-1427.1, 11-1427.2, 11-1427.3, 11-1427.4, or 11-1427.5 of 
4the Illinois Vehicle Code, or Section 48-3 or 48-10 of the 
5Criminal Code of 2012. 
6 1.7. Starting on the 30th day after the effective date of 
7this amendatory Act of the 99th General Assembly, a clerk of 
8the circuit court in any county that imposes a fee pursuant to 
9subsection 1 of this Section shall also charge and collect an 
10additional $9 e-business fee. The fee shall be paid at the time 
11of filing the first pleading, paper, or other appearance filed 
12by each party in all civil cases, except no additional fee 
13shall be required if more than one party is presented in a 
14single pleading, paper, or other appearance. The fee shall be 
15collected in the manner in which all other fees or costs are 
16collected. The fee shall be in addition to all other fees and 
17charges of the clerk, and assessable as costs, and may be 
18waived only if the judge specifically provides for the waiver 
19of the e-business fee. The fee shall not be charged in any 
20matter coming to the clerk on a change of venue, nor in any 
21proceeding to review the decision of any administrative 
22officer, agency, or body. 
23 2. With respect to the fee imposed under subsection 1 of 
24this Section, each clerk shall commence such charges and 
25collections upon receipt
of written notice from the chairman of 
26the county board together with a
certified copy of the board's 
 
 
HB3818- 79 -LRB101 11428 SLF 57060 b


1resolution, which the clerk shall file of
record in his office.

2 3. With respect to the fee imposed under subsection 1 of 
3this Section, such fees shall be in addition to all other fees 
4and charges of such
clerks, and assessable as costs, and may be 
5waived only if the judge
specifically provides for the waiver 
6of the court automation fee. The
fees shall be remitted monthly 
7by such clerk to the county treasurer, to be
retained by him in 
8a special fund designated as the court automation fund.
The 
9fund shall be audited by the county auditor, and the board 
10shall make
expenditure from the fund in payment of any cost 
11related to the automation
of court records, including hardware, 
12software, research and development
costs and personnel related 
13thereto, provided that the expenditure is
approved by the clerk 
14of the court and by the chief judge of the circuit
court or his 
15designate.

16 4. With respect to the fee imposed under subsection 1 of 
17this Section, such fees shall not be charged in any matter 
18coming to any such clerk
on change of venue, nor in any 
19proceeding to review the decision of any
administrative 
20officer, agency or body.

21 5. With respect to the additional fee imposed under 
22subsection 1.5 of this Section, the fee shall be remitted by 
23the circuit clerk to the State Treasurer within one month after 
24receipt for deposit into the State Police Operations Assistance 
25Fund. 
26 6. With respect to the additional fees imposed under 
 
 
HB3818- 80 -LRB101 11428 SLF 57060 b


1subsection 1.5 of this Section, the Director of State Police 
2may direct the use of these fees for homeland security purposes 
3by transferring these fees on a quarterly basis from the State 
4Police Operations Assistance Fund into the Illinois Law 
5Enforcement Alarm Systems (ILEAS) Fund for homeland security 
6initiatives programs. The transferred fees shall be allocated, 
7subject to the approval of the ILEAS Executive Board, as 
8follows: (i) 66.6% shall be used for homeland security 
9initiatives and (ii) 33.3% shall be used for airborne 
10operations. The ILEAS Executive Board shall annually supply the 
11Director of State Police with a report of the use of these 
12fees. 
13 7. With respect to the additional fee imposed under 
14subsection 1.6 of this Section, the fee shall be remitted by 
15the circuit clerk to the State Treasurer within one month after 
16receipt for deposit into the Conservation Police Operations 
17Assistance Fund. 
18 8. With respect to the fee imposed under subsection 1.7 of 
19this Section, the clerk shall remit the fee to the State 
20Treasurer within one month after receipt for deposit into the 
21Supreme Court Special Purposes Fund. Unless otherwise 
22authorized by this Act, the moneys deposited into the Supreme 
23Court Special Purposes Fund under this subsection are not 
24subject to administrative charges or chargebacks under Section 
2520 of the State Treasurer Act. 
26(Source: P.A. 98-375, eff. 8-16-13; 98-606, eff. 6-1-14; 
 
 
HB3818- 81 -LRB101 11428 SLF 57060 b


198-1016, eff. 8-22-14; 99-859, eff. 8-19-16. Repealed by P.A. 
2100-987, eff. 7-1-19.)

3 Section 80. The Criminal Code of 2012 is amended by 
4changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1, 
524-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4, 
624-3.5, 24-4.1, and 24-9 and adding Section 24-4.5 as follows:




7 (720 ILCS 5/2-7.1)



8 Sec. 2-7.1. "Firearm
"Firearm" and "firearm ammunition". 
9"Firearm
"Firearm" and "firearm
ammunition" means any 
10self-contained cartridge or shotgun shell, by whatever name 
11known, which is designed to be used or adaptable to use in a 
12firearm; excluding, however:
13 (1) any ammunition exclusively designed for use with
a 
14device used exclusively for signalling or safety and required 
15or recommended by the United States Coast Guard or the 
16Interstate Commerce Commission; and
17 (2) any ammunition designed exclusively for use with
a stud 
18or rivet driver or other similar industrial ammunition
have the 
19meanings ascribed to them in Section 1.1 of the Firearm
Owners 
20Identification Card Act.

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





22 (720 ILCS 5/2-7.5)



23 Sec. 2-7.5. "Firearm". Except as otherwise provided in a 
 
 
HB3818- 82 -LRB101 11428 SLF 57060 b


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

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



 
 
HB3818- 83 -LRB101 11428 SLF 57060 b


1 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)



2 Sec. 12-3.05. Aggravated battery. 

3 (a) Offense based on injury. A person commits aggravated 
4battery when, in committing a battery, other than by the 
5discharge of a firearm, he or she knowingly does any of the 
6following:
7  (1) Causes great bodily harm or permanent disability or 
8 disfigurement.
9  (2) Causes severe and permanent disability, great 
10 bodily harm, or disfigurement by means of a caustic or 
11 flammable substance, a poisonous gas, a deadly biological 
12 or chemical contaminant or agent, a radioactive substance, 
13 or a bomb or explosive compound.
14  (3) Causes great bodily harm or permanent disability or 
15 disfigurement to an individual whom the person knows to be 
16 a peace officer, community policing volunteer, fireman, 
17 private security officer, correctional institution 
18 employee, or Department of Human Services employee 
19 supervising or controlling sexually dangerous persons or 
20 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  (4) Causes great bodily harm or permanent disability or 
 
 
HB3818- 84 -LRB101 11428 SLF 57060 b


1 disfigurement to an individual 60 years of age or older.
2  (5) Strangles another individual. 
3 (b) Offense based on injury to a child or person with an 
4intellectual disability. A person who is at least 18 years of 
5age commits aggravated battery when, in committing a battery, 
6he or she knowingly and without legal justification by any 
7means:
8  (1) causes great bodily harm or permanent disability or 
9 disfigurement to any child under the age of 13 years, or to 
10 any person with a severe or profound intellectual 
11 disability; or
12  (2) causes bodily harm or disability or disfigurement 
13 to any child under the age of 13 years or to any person 
14 with a severe or profound intellectual disability. 
15 (c) Offense based on location of conduct. A person commits 
16aggravated battery when, in committing a battery, other than by 
17the discharge of a firearm, he or she is or the person battered 
18is on or about a public way, public property, a public place of 
19accommodation or amusement, a sports venue, or a domestic 
20violence shelter.
21 (d) Offense based on status of victim. A person commits 
22aggravated battery when, in committing a battery, other than by 
23discharge of a firearm, he or she knows the individual battered 
24to be any of the following:
25  (1) A person 60 years of age or older.
26  (2) A person who is pregnant or has a physical 
 
 
HB3818- 85 -LRB101 11428 SLF 57060 b


1 disability.
2  (3) A teacher or school employee upon school grounds or 
3 grounds adjacent to a school or in any part of a building 
4 used for school purposes.
5  (4) A peace officer, community policing volunteer, 
6 fireman, private security officer, correctional 
7 institution employee, or Department of Human Services 
8 employee supervising or controlling sexually dangerous 
9 persons or sexually violent persons:
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  (5) A judge, emergency management worker, emergency 
16 medical services personnel, or utility worker:
17   (i) performing his or her official duties;
18   (ii) battered to prevent performance of his or her 
19 official duties; or
20   (iii) battered in retaliation for performing his 
21 or her official duties.
22  (6) An officer or employee of the State of Illinois, a 
23 unit of local government, or a school district, while 
24 performing his or her official duties.
25  (7) A transit employee performing his or her official 
26 duties, or a transit passenger.
 
 
HB3818- 86 -LRB101 11428 SLF 57060 b


1  (8) A taxi driver on duty.
2  (9) A merchant who detains the person for an alleged 
3 commission of retail theft under Section 16-26 of this Code 
4 and the person without legal justification by any means 
5 causes bodily harm to the merchant.
6  (10) A person authorized to serve process under Section 
7 2-202 of the Code of Civil Procedure or a special process 
8 server appointed by the circuit court while that individual 
9 is in the performance of his or her duties as a process 
10 server.
11  (11) A nurse while in the performance of his or her 
12 duties as a nurse. 
13 (e) Offense based on use of a firearm. A person commits 
14aggravated battery when, in committing a battery, he or she 
15knowingly does any of the following:
16  (1) Discharges a firearm, other than a machine gun or a 
17 firearm equipped with a silencer, and causes any injury to 
18 another person.
19  (2) Discharges a firearm, other than a machine gun or a 
20 firearm equipped with a silencer, and causes any injury to 
21 a person he or she knows to be a peace officer, community 
22 policing volunteer, person summoned by a police officer, 
23 fireman, private security officer, correctional 
24 institution employee, or emergency management worker:
25   (i) performing his or her official duties;
26   (ii) battered to prevent performance of his or her 
 
 
HB3818- 87 -LRB101 11428 SLF 57060 b


1 official duties; or
2   (iii) battered in retaliation for performing his 
3 or her official duties.
4  (3) 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 emergency medical services 
7 personnel:
8   (i) performing his or her official duties;
9   (ii) battered to prevent performance of his or her 
10 official duties; or
11   (iii) battered in retaliation for performing his 
12 or her official duties.
13  (4) Discharges a firearm and causes any injury to a 
14 person he or she knows to be a teacher, a student in a 
15 school, or a school employee, and the teacher, student, or 
16 employee is upon school grounds or grounds adjacent to a 
17 school or in any part of a building used for school 
18 purposes.
19  (5) Discharges a machine gun or a firearm equipped with 
20 a silencer, and causes any injury to another person.
21  (6) Discharges a machine gun or a firearm equipped with 
22 a silencer, and causes any injury to a person he or she 
23 knows to be a peace officer, community policing volunteer, 
24 person summoned by a police officer, fireman, private 
25 security officer, correctional institution employee or 
26 emergency management worker:
 
 
HB3818- 88 -LRB101 11428 SLF 57060 b


1   (i) performing his or her official duties;
2   (ii) battered to prevent performance of his or her 
3 official duties; or
4   (iii) battered in retaliation for performing his 
5 or her official duties.
6  (7) 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 emergency medical services personnel:
9   (i) performing his or her official duties;
10   (ii) battered to prevent performance of his or her 
11 official duties; or
12   (iii) battered in retaliation for performing his 
13 or her official duties.
14  (8) Discharges a machine gun or a firearm equipped with 
15 a silencer, and causes any injury to a person he or she 
16 knows to be a teacher, or a student in a school, or a 
17 school employee, and the teacher, student, or employee is 
18 upon school grounds or grounds adjacent to a school or in 
19 any part of a building used for school purposes. 
20 (f) Offense based on use of a weapon or device. A person 
21commits aggravated battery when, in committing a battery, he or 
22she does any of the following:
23  (1) Uses a deadly weapon other than by discharge of a 
24 firearm, or uses an air rifle as defined in Section 
25 24.8-0.1 of this Code.
26  (2) Wears a hood, robe, or mask to conceal his or her 
 
 
HB3818- 89 -LRB101 11428 SLF 57060 b


1 identity.
2  (3) Knowingly and without lawful justification shines 
3 or flashes a laser gunsight or other laser device attached 
4 to a firearm, or used in concert with a firearm, so that 
5 the laser beam strikes upon or against the person of 
6 another.
7  (4) Knowingly video or audio records the offense with 
8 the intent to disseminate the recording. 
9 (g) Offense based on certain conduct. A person commits 
10aggravated battery when, other than by discharge of a firearm, 
11he or she does any of the following:
12  (1) Violates Section 401 of the Illinois Controlled 
13 Substances Act by unlawfully delivering a controlled 
14 substance to another and any user experiences great bodily 
15 harm or permanent disability as a result of the injection, 
16 inhalation, or ingestion of any amount of the controlled 
17 substance.
18  (2) Knowingly administers to an individual or causes 
19 him or her to take, without his or her consent or by threat 
20 or deception, and for other than medical purposes, any 
21 intoxicating, poisonous, stupefying, narcotic, anesthetic, 
22 or controlled substance, or gives to another person any 
23 food containing any substance or object intended to cause 
24 physical injury if eaten.
25  (3) Knowingly causes or attempts to cause a 
26 correctional institution employee or Department of Human 
 
 
HB3818- 90 -LRB101 11428 SLF 57060 b


1 Services employee to come into contact with blood, seminal 
2 fluid, urine, or feces by throwing, tossing, or expelling 
3 the fluid or material, and the person is an inmate of a 
4 penal institution or is a sexually dangerous person or 
5 sexually violent person in the custody of the Department of 
6 Human Services.
7 (h) Sentence. Unless otherwise provided, aggravated 
8battery is a Class 3 felony.
9 Aggravated battery as defined in subdivision (a)(4), 
10(d)(4), or (g)(3) is a Class 2 felony.
11 Aggravated battery as defined in subdivision (a)(3) or 
12(g)(1) is a Class 1 felony.
13 Aggravated battery as defined in subdivision (a)(1) is a 
14Class 1 felony when the aggravated battery was intentional and 
15involved the infliction of torture, as defined in paragraph 
16(14) of subsection (b) of Section 9-1 of this Code, as the 
17infliction of or subjection to extreme physical pain, motivated 
18by an intent to increase or prolong the pain, suffering, or 
19agony of the victim. 
20 Aggravated battery under subdivision (a)(5) is a
Class 1 
21felony if:
22  (A) the person used or attempted to use a dangerous

23 instrument while committing the offense; or
24  (B) the person caused great bodily harm or
permanent 
25 disability or disfigurement to the other
person while 
26 committing the offense; or
 
 
HB3818- 91 -LRB101 11428 SLF 57060 b


1  (C) the person has been previously convicted of a

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

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

4 state. 
5 Aggravated battery as defined in subdivision (e)(1) is a 
6Class X felony.
7 Aggravated battery as defined in subdivision (a)(2) is a 
8Class X felony for which a person shall be sentenced to a term 
9of imprisonment of a minimum of 6 years and a maximum of 45 
10years.
11 Aggravated battery as defined in subdivision (e)(5) is a 
12Class X felony for which a person shall be sentenced to a term 
13of imprisonment of a minimum of 12 years and a maximum of 45 
14years.
15 Aggravated battery as defined in subdivision (e)(2), 
16(e)(3), or (e)(4) is a Class X felony for which a person shall 
17be sentenced to a term of imprisonment of a minimum of 15 years 
18and a maximum of 60 years.
19 Aggravated battery as defined in subdivision (e)(6), 
20(e)(7), or (e)(8) is a Class X felony for which a person shall 
21be sentenced to a term of imprisonment of a minimum of 20 years 
22and a maximum of 60 years.
23 Aggravated battery as defined in subdivision (b)(1) is a 
24Class X felony, except that:
25  (1) if the person committed the offense while armed 
26 with a firearm, 15 years shall be added to the term of 
 
 
HB3818- 92 -LRB101 11428 SLF 57060 b


1 imprisonment imposed by the court;
2  (2) if, during the commission of the offense, the 
3 person personally discharged a firearm, 20 years shall be 
4 added to the term of imprisonment imposed by the court;
5  (3) if, during the commission of the offense, the 
6 person personally discharged a firearm that proximately 
7 caused great bodily harm, permanent disability, permanent 
8 disfigurement, or death to another person, 25 years or up 
9 to a term of natural life shall be added to the term of 
10 imprisonment imposed by the court.
11 (i) Definitions. For the purposes of this Section:
12 "Building or other structure used to provide shelter" has 
13the meaning ascribed to "shelter" in Section 1 of the Domestic 
14Violence Shelters Act.
15 "Domestic violence" has the meaning ascribed to it in 
16Section 103 of the Illinois Domestic Violence Act of 1986.
17 "Domestic violence shelter" means any building or other 
18structure used to provide shelter or other services to victims 
19or to the dependent children of victims of domestic violence 
20pursuant to the Illinois Domestic Violence Act of 1986 or the 
21Domestic Violence Shelters Act, or any place within 500 feet of 
22such a building or other structure in the case of a person who 
23is going to or from such a building or other structure.
24 "Firearm" has the meaning provided under Section 2-7.5 of 
25this Code 1.1
of the Firearm Owners Identification Card Act, 
26and does
not include an air rifle as defined by Section 
 
 
HB3818- 93 -LRB101 11428 SLF 57060 b


124.8-0.1 of this Code. 
2 "Machine gun" has the meaning ascribed to it in Section 
324-1 of this Code.
4 "Merchant" has the meaning ascribed to it in Section 16-0.1 
5of this Code. 
6 "Strangle" means
intentionally impeding the normal 
7breathing or circulation of the blood of an individual by 
8applying pressure on the throat
or neck of that individual or 
9by blocking the nose or mouth of
that individual. 

10(Source: P.A. 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756, 
11eff. 7-16-14; 99-143, eff. 7-27-15; 99-816, eff. 8-15-16.)


12 (720 ILCS 5/16-0.1)
13 Sec. 16-0.1. Definitions. In this Article, unless the 
14context clearly requires otherwise, the following terms are 
15defined as indicated:
16 "Access" means to use, instruct, communicate with, store 
17data in, retrieve or intercept data from, or otherwise utilize 
18any services of a computer.
19 "Coin-operated machine" includes any automatic vending 
20machine or any part thereof, parking meter, coin telephone, 
21coin-operated transit turnstile, transit fare box, coin 
22laundry machine, coin dry cleaning machine, amusement machine, 
23music machine, vending machine dispensing goods or services, or 
24money changer.
25 "Communication device" means any type of instrument, 
 
 
HB3818- 94 -LRB101 11428 SLF 57060 b


1device, machine, or equipment which is capable of transmitting, 
2acquiring, decrypting, or receiving any telephonic, 
3electronic, data, Internet access, audio, video, microwave, or 
4radio transmissions, signals, communications, or services, 
5including the receipt, acquisition, transmission, or 
6decryption of all such communications, transmissions, signals, 
7or services provided by or through any cable television, fiber 
8optic, telephone, satellite, microwave, radio, Internet-based, 
9data transmission, or wireless distribution network, system or 
10facility; or any part, accessory, or component thereof, 
11including any computer circuit, security module, smart card, 
12software, computer chip, electronic mechanism or other 
13component, accessory or part of any communication device which 
14is capable of facilitating the transmission, decryption, 
15acquisition or reception of all such communications, 
16transmissions, signals, or services.
17 "Communication service" means any service lawfully 
18provided for a charge or compensation to facilitate the lawful 
19origination, transmission, emission, or reception of signs, 
20signals, data, writings, images, and sounds or intelligence of 
21any nature by telephone, including cellular telephones or a 
22wire, wireless, radio, electromagnetic, photo-electronic or 
23photo-optical system; and also any service lawfully provided by 
24any radio, telephone, cable television, fiber optic, 
25satellite, microwave, Internet-based or wireless distribution 
26network, system, facility or technology, including, but not 
 
 
HB3818- 95 -LRB101 11428 SLF 57060 b


1limited to, any and all electronic, data, video, audio, 
2Internet access, telephonic, microwave and radio 
3communications, transmissions, signals and services, and any 
4such communications, transmissions, signals and services 
5lawfully provided directly or indirectly by or through any of 
6those networks, systems, facilities or technologies.
7 "Communication service provider" means: (1) any person or 
8entity providing any communication service, whether directly 
9or indirectly, as a reseller, including, but not limited to, a 
10cellular, paging or other wireless communications company or 
11other person or entity which, for a fee, supplies the facility, 
12cell site, mobile telephone switching office or other equipment 
13or communication service; (2) any person or entity owning or 
14operating any cable television, fiber optic, satellite, 
15telephone, wireless, microwave, radio, data transmission or 
16Internet-based distribution network, system or facility; and 
17(3) any person or entity providing any communication service 
18directly or indirectly by or through any such distribution 
19system, network or facility.
20 "Computer" means a device that accepts, processes, stores, 
21retrieves or outputs data, and includes but is not limited to 
22auxiliary storage and telecommunications devices connected to 
23computers.
24 "Continuing
course of conduct" means a series of acts, and 
25the accompanying
mental state necessary for the crime in 
26question, irrespective
of whether the series of acts are 
 
 
HB3818- 96 -LRB101 11428 SLF 57060 b


1continuous or intermittent. 
2 "Delivery container" means any bakery basket of wire or 
3plastic used to transport or store bread or bakery products, 
4any dairy case of wire or plastic used to transport or store 
5dairy products, and any dolly or cart of 2 or 4 wheels used to 
6transport or store any bakery or dairy product.
7 "Document-making implement" means any implement, 
8impression, template, computer file, computer disc, electronic 
9device, computer hardware, computer software, instrument, or 
10device that is used to make a real or fictitious or fraudulent 
11personal identification document.
12 "Financial transaction device" means any of the following:
13  (1) An electronic funds transfer card.
14  (2) A credit card.
15  (3) A debit card.
16  (4) A point-of-sale card.
17  (5) Any instrument, device, card, plate, code, account 
18 number, personal identification number, or a record or copy 
19 of a code, account number, or personal identification 
20 number or other means of access to a credit account or 
21 deposit account, or a driver's license or State 
22 identification card used to access a proprietary account, 
23 other than access originated solely by a paper instrument, 
24 that can be used alone or in conjunction with another 
25 access device, for any of the following purposes:
26   (A) Obtaining money, cash refund or credit 
 
 
HB3818- 97 -LRB101 11428 SLF 57060 b


1 account, credit, goods, services, or any other thing of 
2 value.
3   (B) Certifying or guaranteeing to a person or 
4 business the availability to the device holder of funds 
5 on deposit to honor a draft or check payable to the 
6 order of that person or business.
7   (C) Providing the device holder access to a deposit 
8 account for the purpose of making deposits, 
9 withdrawing funds, transferring funds between deposit 
10 accounts, obtaining information pertaining to a 
11 deposit account, or making an electronic funds 
12 transfer.
13 "Full retail value" means the merchant's stated or 
14advertised price of the merchandise. "Full
retail value" 
15includes the aggregate value of property obtained
from retail 
16thefts committed by the same person as part of a
continuing 
17course of conduct from one or more mercantile
establishments in 
18a single transaction or in separate
transactions over a period 
19of one year.
20 "Internet" means an interactive computer service or system 
21or an information service, system, or access software provider 
22that provides or enables computer access by multiple users to a 
23computer server, and includes, but is not limited to, an 
24information service, system, or access software provider that 
25provides access to a network system commonly known as the 
26Internet, or any comparable system or service and also 
 
 
HB3818- 98 -LRB101 11428 SLF 57060 b


1includes, but is not limited to, a World Wide Web page, 
2newsgroup, message board, mailing list, or chat area on any 
3interactive computer service or system or other online service.
4 "Library card" means a card or plate issued by a library 
5facility for purposes of identifying the person to whom the 
6library card was issued as authorized to borrow library 
7material, subject to all limitations and conditions imposed on 
8the borrowing by the library facility issuing such card.
9 "Library facility" includes any public library or museum, 
10or any library or museum of an educational, historical or 
11eleemosynary institution, organization or society.
12 "Library material" includes any book, plate, picture, 
13photograph, engraving, painting, sculpture, statue, artifact, 
14drawing, map, newspaper, pamphlet, broadside, magazine, 
15manuscript, document, letter, microfilm, sound recording, 
16audiovisual material, magnetic or other tape, electronic data 
17processing record or other documentary, written or printed 
18material regardless of physical form or characteristics, or any 
19part thereof, belonging to, or on loan to or otherwise in the 
20custody of a library facility.
21 "Manufacture or assembly of an unlawful access device" 
22means to make, produce or assemble an unlawful access device or 
23to modify, alter, program or re-program any instrument, device, 
24machine, equipment or software so that it is capable of 
25defeating or circumventing any technology, device or software 
26used by the provider, owner or licensee of a communication 
 
 
HB3818- 99 -LRB101 11428 SLF 57060 b


1service or of any data, audio or video programs or 
2transmissions to protect any such communication, data, audio or 
3video services, programs or transmissions from unauthorized 
4access, acquisition, disclosure, receipt, decryption, 
5communication, transmission or re-transmission.
6 "Manufacture or assembly of an unlawful communication 
7device" means to make, produce or assemble an unlawful 
8communication or wireless device or to modify, alter, program 
9or reprogram a communication or wireless device to be capable 
10of acquiring, disrupting, receiving, transmitting, decrypting, 
11or facilitating the acquisition, disruption, receipt, 
12transmission or decryption of, a communication service without 
13the express consent or express authorization of the 
14communication service provider, or to knowingly assist others 
15in those activities.
16 "Master sound recording" means the original physical 
17object on which a given set of sounds were first recorded and 
18which the original object from which all subsequent sound 
19recordings embodying the same set of sounds are directly or 
20indirectly derived.
21 "Merchandise" means any item of tangible personal 
22property, including motor fuel.
23 "Merchant" means an owner or operator of any retail 
24mercantile establishment or any agent, employee, lessee, 
25consignee, officer, director, franchisee, or independent 
26contractor of the owner or operator. "Merchant" also means a 
 
 
HB3818- 100 -LRB101 11428 SLF 57060 b


1person who receives from an authorized user of a payment card, 
2or someone the person believes to be an authorized user, a 
3payment card or information from a payment card, or what the 
4person believes to be a payment card or information from a 
5payment card, as the instrument for obtaining, purchasing or 
6receiving goods, services, money, or anything else of value 
7from the person.
8 "Motor fuel" means a liquid, regardless of its properties, 
9used to propel a vehicle, including gasoline and diesel.
10 "Online" means the use of any electronic or wireless device 
11to access the Internet.
12 "Payment card" means a credit card, charge card, debit 
13card, or any other card that is issued to an authorized card 
14user and that allows the user to obtain, purchase, or receive 
15goods, services, money, or anything else of value from a 
16merchant.
17 "Person with a disability" means a person who
suffers from 
18a physical or mental impairment resulting from
disease, injury, 
19functional disorder or congenital condition that impairs the

20individual's mental or physical ability to independently 
21manage his or her
property or financial resources, or both. 
22 "Personal identification document" means a birth 
23certificate, a driver's license, a State identification card, a 
24public, government, or private employment identification card, 
25a social security card, a license issued under the Firearm 
26Concealed Carry Act firearm owner's identification card, a 
 
 
HB3818- 101 -LRB101 11428 SLF 57060 b


1credit card, a debit card, or a passport issued to or on behalf 
2of a person other than the offender, or any document made or 
3issued, or falsely purported to have been made or issued, by or 
4under the authority of the United States Government, the State 
5of Illinois, or any other state political subdivision of any 
6state, or any other governmental or quasi-governmental 
7organization that is of a type intended for the purpose of 
8identification of an individual, or any such document made or 
9altered in a manner that it falsely purports to have been made 
10on behalf of or issued to another person or by the authority of 
11one who did not give that authority.
12 "Personal identifying information" means any of the 
13following information:
14  (1) A person's name.
15  (2) A person's address.
16  (3) A person's date of birth.
17  (4) A person's telephone number.
18  (5) A person's driver's license number or State of 
19 Illinois identification card as assigned by the Secretary 
20 of State of the State of Illinois or a similar agency of 
21 another state.
22  (6) A person's social security number.
23  (7) A person's public, private, or government 
24 employer, place of employment, or employment 
25 identification number.
26  (8) The maiden name of a person's mother.
 
 
HB3818- 102 -LRB101 11428 SLF 57060 b


1  (9) The number assigned to a person's depository 
2 account, savings account, or brokerage account.
3  (10) The number assigned to a person's credit or debit 
4 card, commonly known as a "Visa Card", "MasterCard", 
5 "American Express Card", "Discover Card", or other similar 
6 cards whether issued by a financial institution, 
7 corporation, or business entity.
8  (11) Personal identification numbers.
9  (12) Electronic identification numbers.
10  (13) Digital signals.
11  (14) User names, passwords, and any other word, number, 
12 character or combination of the same usable in whole or 
13 part to access information relating to a specific 
14 individual, or to the actions taken, communications made or 
15 received, or other activities or transactions of a specific 
16 individual.
17  (15) Any other numbers or information which can be used 
18 to access a person's financial resources, or to identify a 
19 specific individual, or the actions taken, communications 
20 made or received, or other activities or transactions of a 
21 specific individual.
22 "Premises of a retail mercantile establishment" includes, 
23but is not limited to, the retail mercantile establishment; any 
24common use areas in shopping centers; and all parking areas set 
25aside by a merchant or on behalf of a merchant for the parking 
26of vehicles for the convenience of the patrons of such retail 
 
 
HB3818- 103 -LRB101 11428 SLF 57060 b


1mercantile establishment.
2 "Public water, gas, or power supply, or other public 
3services" mean any service subject to regulation by the 
4Illinois Commerce Commission; any service furnished by a public 
5utility that is owned and operated by any political 
6subdivision, public institution of higher education or 
7municipal corporation of this State; any service furnished by 
8any public utility that is owned by such political subdivision, 
9public institution of higher education, or municipal 
10corporation and operated by any of its lessees or operating 
11agents; any service furnished by an electric cooperative as 
12defined in Section 3.4 of the Electric Supplier Act; or 
13wireless service or other service regulated by the Federal 
14Communications Commission.
15 "Publish" means to communicate or disseminate information 
16to any one or more persons, either orally, in person, or by 
17telephone, radio or television or in writing of any kind, 
18including, without limitation, a letter or memorandum, 
19circular or handbill, newspaper or magazine article or book.
20 "Radio frequency identification device" means any 
21implement, computer file, computer disc, electronic device, 
22computer hardware, computer software, or instrument that is 
23used to activate, read, receive, or decode information stored 
24on a RFID tag or transponder attached to a personal 
25identification document. 
26 "RFID tag or transponder" means a chip or device that 
 
 
HB3818- 104 -LRB101 11428 SLF 57060 b


1contains personal identifying information from which the 
2personal identifying information can be read or decoded by 
3another device emitting a radio frequency that activates or 
4powers a radio frequency emission response from the chip or 
5transponder. 
6 "Reencoder" means an electronic device that places encoded 
7information from the magnetic strip or stripe of a payment card 
8onto the magnetic strip or stripe of a different payment card.
9 "Retail mercantile establishment" means any place where 
10merchandise is displayed, held, stored or offered for sale to 
11the public.
12 "Scanning device" means a scanner, reader, or any other 
13electronic device that is used to access, read, scan, obtain, 
14memorize, or store, temporarily or permanently, information 
15encoded on the magnetic strip or stripe of a payment card.
16 "Shopping cart" means those push carts of the type or types 
17which are commonly provided by grocery stores, drug stores or 
18other retail mercantile establishments for the use of the 
19public in transporting commodities in stores and markets and, 
20incidentally, from the stores to a place outside the store.
21 "Sound or audio visual recording" means any sound or audio 
22visual phonograph record, disc, pre-recorded tape, film, wire, 
23magnetic tape or other object, device or medium, now known or 
24hereafter invented, by which sounds or images may be reproduced 
25with or without the use of any additional machine, equipment or 
26device.
 
 
HB3818- 105 -LRB101 11428 SLF 57060 b


1 "Theft detection device remover" means any tool or device 
2specifically designed and intended to be used to remove any 
3theft detection device from any merchandise.
4 "Under-ring" means to cause the cash register or other 
5sales recording device to reflect less than the full retail 
6value of the merchandise.
7 "Unidentified sound or audio visual recording" means a 
8sound or audio visual recording without the actual name and 
9full and correct street address of the manufacturer, and the 
10name of the actual performers or groups prominently and legibly 
11printed on the outside cover or jacket and on the label of such 
12sound or audio visual recording.
13 "Unlawful access device" means any type of instrument, 
14device, machine, equipment, technology, or software which is 
15primarily possessed, used, designed, assembled, manufactured, 
16sold, distributed or offered, promoted or advertised for the 
17purpose of defeating or circumventing any technology, device or 
18software, or any component or part thereof, used by the 
19provider, owner or licensee of any communication service or of 
20any data, audio or video programs or transmissions to protect 
21any such communication, audio or video services, programs or 
22transmissions from unauthorized access, acquisition, receipt, 
23decryption, disclosure, communication, transmission or 
24re-transmission.
25 "Unlawful communication device" means any electronic 
26serial number, mobile identification number, personal 
 
 
HB3818- 106 -LRB101 11428 SLF 57060 b


1identification number or any communication or wireless device 
2that is capable of acquiring or facilitating the acquisition of 
3a communication service without the express consent or express 
4authorization of the communication service provider, or that 
5has been altered, modified, programmed or reprogrammed, alone 
6or in conjunction with another communication or wireless device 
7or other equipment, to so acquire or facilitate the 
8unauthorized acquisition of a communication service. "Unlawful 
9communication device" also means:
10  (1) any phone altered to obtain service without the 
11 express consent or express authorization of the 
12 communication service provider, tumbler phone, counterfeit 
13 or clone phone, tumbler microchip, counterfeit or clone 
14 microchip, scanning receiver of wireless communication 
15 service or other instrument capable of disguising its 
16 identity or location or of gaining unauthorized access to a 
17 communications or wireless system operated by a 
18 communication service provider; and
19  (2) any communication or wireless device which is 
20 capable of, or has been altered, designed, modified, 
21 programmed or reprogrammed, alone or in conjunction with 
22 another communication or wireless device or devices, so as 
23 to be capable of, facilitating the disruption, 
24 acquisition, receipt, transmission or decryption of a 
25 communication service without the express consent or 
26 express authorization of the communication service 
 
 
HB3818- 107 -LRB101 11428 SLF 57060 b


1 provider, including, but not limited to, any device, 
2 technology, product, service, equipment, computer software 
3 or component or part thereof, primarily distributed, sold, 
4 designed, assembled, manufactured, modified, programmed, 
5 reprogrammed or used for the purpose of providing the 
6 unauthorized receipt of, transmission of, disruption of, 
7 decryption of, access to or acquisition of any 
8 communication service provided by any communication 
9 service provider.
10 "Vehicle" means a motor vehicle, motorcycle, or farm 
11implement that is self-propelled and that uses motor fuel for 
12propulsion.
13 "Wireless device" includes any type of instrument, device, 
14machine, or
equipment that is capable of transmitting or 
15receiving telephonic, electronic
or
radio communications, or 
16any part of such instrument, device, machine, or
equipment, or 
17any computer circuit, computer chip, electronic mechanism, or

18other component that is capable of facilitating the 
19transmission or reception
of telephonic, electronic, or radio 
20communications. 

21(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff. 
221-1-12; 97-1109, eff. 1-1-13.)




23 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)



24 Sec. 17-30. Defaced, altered, or removed manufacturer or 
25owner identification number.  
 
 
HB3818- 108 -LRB101 11428 SLF 57060 b


1 (a) Unlawful sale of household appliances. A person commits 
2unlawful
sale of household
appliances when he or she knowingly, 
3with the intent to defraud or deceive
another, keeps for sale, 
4within any commercial
context, any household appliance with a 
5missing, defaced, obliterated, or
otherwise altered 
6manufacturer's identification number.

7 (b) Construction equipment identification defacement. A 
8person commits construction equipment identification 
9defacement when he or she knowingly changes,
alters, removes, 
10mutilates, or
obliterates a permanently affixed serial number, 
11product identification number,
part number, component 
12identification number, owner-applied identification,
or other 
13mark of identification attached to or stamped, inscribed, 
14molded,
or etched into a machine or other equipment, whether 
15stationary or mobile
or self-propelled, or a part of such 
16machine or equipment, used in the construction,
maintenance, or 
17demolition of buildings, structures, bridges, tunnels, sewers,

18utility pipes or lines, ditches or open cuts, roads, highways, 
19dams, airports,
or waterways or in material handling for such 
20projects. 
21 The trier of fact may infer that the defendant has 
22knowingly changed, altered, removed, or obliterated the serial 
23number, product identification number, part number, component 
24identification number, owner-applied identification number, or 
25other mark of identification, if the defendant was in 
26possession of any machine or other equipment or a part of such 
 
 
HB3818- 109 -LRB101 11428 SLF 57060 b


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 upon which any such serial number, product 
6identification
number, part number, component identification 
7number, owner-applied identification
number, or other mark of 
8identification has been changed, altered,
removed, or 
9obliterated. 
10 (c) Defacement of manufacturer's serial number or 
11identification mark. A person commits defacement of a 
12manufacturer's serial number or identification mark when he or 
13she knowingly removes, alters, defaces, covers, or destroys the

14manufacturer's serial number or any other manufacturer's 
15number or
distinguishing identification mark upon any machine 
16or other article of
merchandise, other than a motor vehicle as 
17defined in Section 1-146 of the
Illinois Vehicle Code or a 
18firearm as defined in the Firearm Owners Identification Card 
19Act, with the intent of concealing or destroying the
identity 
20of such machine or other article of merchandise. 
21 (d) Sentence.
22  (1) A violation of subsection (a) of this Section is a 
23 Class 4 felony if the value
of the appliance or appliances 
24 exceeds $1,000 and a Class B misdemeanor if
the value of 
25 the appliance or appliances is $1,000 or less.

26  (2) A violation of subsection (b) of this Section is a 
 
 
HB3818- 110 -LRB101 11428 SLF 57060 b


1 Class A misdemeanor.
2  (3) A violation of subsection (c) of this Section is a 
3 Class B misdemeanor. 
4 (e) No liability shall be imposed upon any person for the 
5unintentional
failure to comply with subsection (a).

6 (f) Definitions. In this Section:
7 "Commercial context" means a continuing business 
8enterprise conducted
for profit by any person whose primary 
9business is the wholesale or retail
marketing of household 
10appliances, or a significant portion of whose business
or 
11inventory consists of household appliances
kept or sold on a 
12wholesale or retail basis.
13 "Household appliance" means any gas or electric device or 
14machine
marketed for use as home entertainment or for 
15facilitating or expediting
household tasks or chores. The term 
16shall include but not necessarily be
limited to refrigerators, 
17freezers, ranges, radios, television sets, vacuum
cleaners, 
18toasters, dishwashers, and other similar household items.
19 "Manufacturer's identification number" means any serial 
20number or
other similar numerical or alphabetical designation 
21imprinted upon or attached
to or placed, stamped, or otherwise 
22imprinted upon or attached to a household
appliance or item by 
23the manufacturer for purposes of identifying a particular

24appliance or item individually or by lot number. 
25(Source: P.A. 96-1551, eff. 7-1-11.)





 
 
HB3818- 111 -LRB101 11428 SLF 57060 b


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


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

3 (a) A person commits the offense of unlawful use of weapons 
4when
he knowingly:

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

10 blade that opens automatically by hand pressure applied to 
11 a button,
spring or other device in the handle of the 
12 knife, or a ballistic knife,
which is a device that propels 
13 a knifelike blade as a projectile by means
of a coil 
14 spring, elastic material or compressed gas; or

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

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

25 years of age or older; or

26  (4) Carries or possesses in any vehicle or concealed on 
 
 
HB3818- 112 -LRB101 11428 SLF 57060 b


1 or about his
person except when on his land or in his own 
2 abode, legal dwelling, or fixed place of
business, or on 
3 the land or in the legal dwelling of another person as an 
4 invitee with that person's permission, any pistol, 
5 revolver, stun gun or taser or other firearm, except
that

6 this subsection (a) (4) does not apply to or affect 
7 transportation of weapons
that meet one of the following 
8 conditions:

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

10   (ii) are not immediately accessible; or

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

20  (5) Sets a spring gun; or

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

24  (7) Sells, manufactures, purchases, possesses or 
25 carries:

26   (i) a machine gun, which shall be defined for the 
 
 
HB3818- 113 -LRB101 11428 SLF 57060 b


1 purposes of this
subsection as any weapon,
which 
2 shoots, is designed to shoot, or can be readily 
3 restored to shoot,
automatically more than one shot 
4 without manually reloading by a single
function of the 
5 trigger, including the frame or receiver
of any such 
6 weapon, or sells, manufactures, purchases, possesses, 
7 or
carries any combination of parts designed or 
8 intended for
use in converting any weapon into a 
9 machine gun, or any combination or
parts from which a 
10 machine gun can be assembled if such parts are in the

11 possession or under the control of a person;

12   (ii) any rifle having one or
more barrels less than 
13 16 inches in length or a shotgun having one or more

14 barrels less than 18 inches in length or any weapon 
15 made from a rifle or
shotgun, whether by alteration, 
16 modification, or otherwise, if such a weapon
as 
17 modified has an overall length of less than 26 inches; 
18 or

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

24  (8) Carries or possesses any firearm, stun gun or taser 
25 or other
deadly weapon in any place which is licensed to 
26 sell intoxicating
beverages, or at any public gathering 
 
 
HB3818- 114 -LRB101 11428 SLF 57060 b


1 held pursuant to a license issued
by any governmental body 
2 or any public gathering at which an admission
is charged, 
3 excluding a place where a showing, demonstration or lecture

4 involving the exhibition of unloaded firearms is 
5 conducted.

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

9 engaged
in firearm safety training courses; or

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

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

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

 
 
HB3818- 115 -LRB101 11428 SLF 57060 b


1   (ii) are not immediately accessible; or

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

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

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

23  (11) Sells, manufactures or purchases any explosive 
24 bullet. For purposes
of this paragraph (a) "explosive 
25 bullet" means the projectile portion of
an ammunition 
26 cartridge which contains or carries an explosive charge 
 
 
HB3818- 116 -LRB101 11428 SLF 57060 b


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

7  (12) (Blank); or

8  (13) Carries or possesses on or about his or her person 
9 while in a building occupied by a unit of government, a 
10 billy club, other weapon of like character, or other 
11 instrument of like character intended for use as a weapon. 
12 For the purposes of this Section, "billy club" means a 
13 short stick or club commonly carried by police officers 
14 which is either telescopic or constructed of a solid piece 
15 of wood or other man-made material. 
16 (b) Sentence. A person convicted of a violation of 
17subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),

18subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a 
19Class A
misdemeanor.
A person convicted of a violation of 
20subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a 
21person
convicted of a violation of subsection 24-1(a)(6) or 
2224-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person 
23convicted of a violation of subsection
24-1(a)(7)(i) commits a 
24Class 2 felony and shall be sentenced to a term of imprisonment 
25of not less than 3 years and not more than 7 years, unless the 
26weapon is possessed in the
passenger compartment of a motor 
 
 
HB3818- 117 -LRB101 11428 SLF 57060 b


1vehicle as defined in Section 1-146 of the
Illinois Vehicle 
2Code, or on the person, while the weapon is loaded, in which

3case it shall be a Class X felony. A person convicted of a

4second or subsequent violation of subsection 24-1(a)(4), 
524-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 
6felony. The possession of each weapon in violation of this 
7Section constitutes a single and separate violation.

8 (c) Violations in specific places.

9  (1) A person who violates subsection 24-1(a)(6) or 
10 24-1(a)(7) in any
school, regardless of the time of day or 
11 the time of year, in residential
property owned, operated 
12 or managed by a public housing agency or
leased by
a public 
13 housing agency as part of a scattered site or mixed-income

14 development, in a
public park, in a courthouse, on the real 
15 property comprising any school,
regardless of the
time of 
16 day or the time of year, on residential property owned, 
17 operated
or
managed by a public housing agency
or leased by 
18 a public housing agency as part of a scattered site or

19 mixed-income development,
on the real property comprising 
20 any
public park, on the real property comprising any 
21 courthouse, in any conveyance
owned, leased or contracted 
22 by a school to
transport students to or from school or a 
23 school related activity, in any conveyance
owned, leased, 
24 or contracted by a public transportation agency, or on any

25 public way within 1,000 feet of the real property 
26 comprising any school,
public park, courthouse, public 
 
 
HB3818- 118 -LRB101 11428 SLF 57060 b


1 transportation facility, or residential property owned, 
2 operated, or managed
by a public housing agency
or leased 
3 by a public housing agency as part of a scattered site or

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

7  (1.5) A person who violates subsection 24-1(a)(4), 
8 24-1(a)(9), or
24-1(a)(10) in any school, regardless of the 
9 time of day or the time of year,
in residential property 
10 owned, operated, or managed by a public
housing
agency
or 
11 leased by a public housing agency as part of a scattered 
12 site or
mixed-income development,
in
a public
park, in a 
13 courthouse, on the real property comprising any school, 
14 regardless
of the time of day or the time of year, on 
15 residential property owned,
operated, or managed by a 
16 public housing agency
or leased by a public housing agency 
17 as part of a scattered site or
mixed-income development,
on 
18 the real property
comprising any public park, on the real 
19 property comprising any courthouse, in
any conveyance 
20 owned, leased, or contracted by a school to transport 
21 students
to or from school or a school related activity, in 
22 any conveyance
owned, leased, or contracted by a public 
23 transportation agency, or on any public way within
1,000 
24 feet of the real property comprising any school, public 
25 park, courthouse,
public transportation facility, or 
26 residential property owned, operated, or managed by a 
 
 
HB3818- 119 -LRB101 11428 SLF 57060 b


1 public
housing agency
or leased by a public housing agency 
2 as part of a scattered site or
mixed-income development

3 commits a Class 3 felony.

4  (2) A person who violates subsection 24-1(a)(1), 
5 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the 
6 time of day or the time of year, in
residential property 
7 owned, operated or managed by a public housing
agency
or 
8 leased by a public housing agency as part of a scattered 
9 site or
mixed-income development,
in
a public park, in a 
10 courthouse, on the real property comprising any school,

11 regardless of the time of day or the time of year, on 
12 residential property
owned, operated or managed by a public 
13 housing agency
or leased by a public housing agency as part 
14 of a scattered site or
mixed-income development,
on the 
15 real property
comprising any public park, on the real 
16 property comprising any courthouse, in
any conveyance 
17 owned, leased or contracted by a school to transport 
18 students
to or from school or a school related activity, in 
19 any conveyance
owned, leased, or contracted by a public 
20 transportation agency, or on any public way within
1,000 
21 feet of the real property comprising any school, public 
22 park, courthouse,
public transportation facility, or 
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 
26 commits a Class 4 felony. "Courthouse"
means any building 
 
 
HB3818- 120 -LRB101 11428 SLF 57060 b


1 that is used by the Circuit, Appellate, or Supreme Court of

2 this State for the conduct of official business.

3  (3) Paragraphs (1), (1.5), and (2) of this subsection 
4 (c) shall not
apply to law
enforcement officers or security 
5 officers of such school, college, or
university or to 
6 students carrying or possessing firearms for use in 
7 training
courses, parades, hunting, target shooting on 
8 school ranges, or otherwise with
the consent of school 
9 authorities and which firearms are transported unloaded

10 enclosed in a suitable case, box, or transportation 
11 package.

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

15  (5) For the purposes of this subsection (c), "public 
16 transportation agency" means a public or private agency 
17 that provides for the transportation or conveyance of

18 persons by means available to the general public, except 
19 for transportation
by automobiles not used for conveyance 
20 of the general public as passengers; and "public 
21 transportation facility" means a terminal or other place

22 where one may obtain public transportation.

23 (d) The presence in an automobile other than a public 
24omnibus of any
weapon, instrument or substance referred to in 
25subsection (a)(7) is
prima facie evidence that it is in the 
26possession of, and is being
carried by, all persons occupying 
 
 
HB3818- 121 -LRB101 11428 SLF 57060 b


1such automobile at the time such
weapon, instrument or 
2substance is found, except under the following
circumstances: 
3(i) if such weapon, instrument or instrumentality is
found upon 
4the person of one of the occupants therein; or (ii) if such

5weapon, instrument or substance is found in an automobile 
6operated for
hire by a duly licensed driver in the due, lawful 
7and proper pursuit of
his trade, then such presumption shall 
8not apply to the driver.

9 (e) Exemptions.
10  (1) Crossbows, Common or Compound bows and Underwater

11 Spearguns are exempted from the definition of ballistic 
12 knife as defined in
paragraph (1) of subsection (a) of this 
13 Section.
14  (2) The provision of paragraph (1) of subsection (a) of 
15 this Section prohibiting the sale, manufacture, purchase, 
16 possession, or carrying of any knife, commonly referred to 
17 as a switchblade knife, which has a
blade that opens 
18 automatically by hand pressure applied to a button,
spring 
19 or other device in the handle of the knife, does not apply 
20 to a person eligible under State and federal law to possess 
21 a firearm who possesses a currently valid Firearm Owner's 
22 Identification Card previously issued in his or her name by 
23 the Department of State Police or to a person or an entity 
24 engaged in the business of selling or manufacturing 
25 switchblade knives. 

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




 
 
HB3818- 122 -LRB101 11428 SLF 57060 b


1 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)


2 Sec. 24-1.1. Unlawful use or possession of weapons by 
3felons or
persons in the custody of the
Department of 
4Corrections facilities.
5 (a) It is unlawful
for a person to knowingly possess on or 
6about his person or on his land or
in his own abode or fixed 
7place of business any weapon prohibited under
Section 24-1 of 
8this Act or any firearm or any firearm ammunition if the
person 
9has been convicted of a felony under the laws of this State or 
10any
other jurisdiction. This Section shall not apply if the 
11person has been
granted relief under this subsection by the 
12Director of the Department of State Police
under Section 10 of 
13the Firearm Owners Identification
Card Act. A person prohibited 
14from possessing a firearm under this subsection (a) may 
15petition the Director of State Police for a hearing and relief 
16from the prohibition, unless the prohibition was based upon a 
17forcible felony, stalking, aggravated stalking, domestic 
18battery, any violation of the Illinois Controlled Substances 
19Act, the Methamphetamine Control and Community Protection Act, 
20or the Cannabis Control Act that is classified as a Class 2 or 
21greater felony, any felony violation of Article 24 of the 
22Criminal Code of 1961 or the Criminal Code of 2012, or any 
23adjudication as a delinquent minor for the commission of an 
24offense that if committed by an adult would be a felony, in 
25which case the person may petition the circuit court in writing 
 
 
HB3818- 123 -LRB101 11428 SLF 57060 b


1in the county of his or her residence for a hearing and relief 
2from the prohibition. The Director or court may grant the 
3relief if it is established by the petitioner to the court's or 
4Director's satisfaction that:

5  (1) when in the circuit court, the State's Attorney has 
6 been served with a written copy of the petition at least 30 
7 days before any hearing in the circuit court and at the 
8 hearing the State's Attorney was afforded an opportunity to 
9 present evidence and object to the petition;
10  (2) the petitioner has not been convicted of a
forcible 
11 felony under the laws of this State or any other 
12 jurisdiction within 20 years of the filing of the petition, 
13 or at least 20 years have passed since the end of any 
14 period of imprisonment imposed in relation to that 
15 conviction;
16  (3) the circumstances regarding a criminal
conviction, 
17 where applicable, the petitioner's criminal history and 
18 his or her reputation are such that the petitioner will not 
19 be likely to act in a manner dangerous to public safety;
20  (4) granting relief would not be contrary to the
public 
21 interest; and
22  (5) granting relief would not be contrary to federal

23 law. 
24 (b) It is unlawful for any person confined in a penal 
25institution,
which is a facility of the Illinois Department of 
26Corrections, to possess
any weapon prohibited under Section 
 
 
HB3818- 124 -LRB101 11428 SLF 57060 b


124-1 of this Code or any firearm or
firearm ammunition, 
2regardless of the intent with which he possesses it.

3 (c) It shall be an affirmative defense to a violation of 
4subsection (b), that such possession was specifically 
5authorized by rule,
regulation, or directive of the Illinois 
6Department of Corrections or order
issued pursuant thereto.

7 (d) The defense of necessity is not available to a person 
8who is charged
with a violation of subsection (b) of this 
9Section.

10 (e) Sentence. Violation of this Section by a person not 
11confined
in a penal institution shall be a Class 3 felony
for 
12which the person shall be sentenced to no less than 2 years and 
13no
more than 10 years. A second or subsequent violation of this 
14Section shall be a Class 2 felony for which the person shall be 
15sentenced to a term of imprisonment of not less than 3 years 
16and not more than 14 years, except as provided for in Section 
175-4.5-110 of the Unified Code of Corrections. Violation of this 
18Section by a person not confined in a
penal institution who has 
19been convicted of a forcible felony, a felony
violation of 
20Article 24 of this Code or of the Firearm Owners Identification

21Card Act, stalking or aggravated stalking, or a Class 2 or 
22greater felony
under the Illinois Controlled Substances Act, 
23the Cannabis Control Act, or the Methamphetamine Control and 
24Community Protection Act is a
Class 2 felony for which the 
25person
shall be sentenced to not less than 3 years and not more 
26than 14 years, except as provided for in Section 5-4.5-110 of 
 
 
HB3818- 125 -LRB101 11428 SLF 57060 b


1the Unified Code of Corrections.
Violation of this Section by a 
2person who is on parole or mandatory supervised
release is a 
3Class 2 felony for which the person shall be sentenced to not 
4less than 3 years and not more than 14
years, except as 
5provided for in Section 5-4.5-110 of the Unified Code of 
6Corrections. Violation of this Section by a person not confined 
7in a penal
institution is a Class X felony when the firearm 
8possessed is a machine gun.
Any person who violates this 
9Section while confined in a penal
institution, which is a 
10facility of the Illinois Department of
Corrections, is guilty 
11of a Class 1
felony, if he possesses any weapon prohibited 
12under Section 24-1 of this
Code regardless of the intent with 
13which he possesses it, a Class X
felony if he possesses any 
14firearm, firearm ammunition or explosive, and a
Class X felony 
15for which the offender shall be sentenced to not less than 12

16years and not more than 50 years when the firearm possessed is 
17a machine
gun. A violation of this Section while wearing or in 
18possession of body armor as defined in Section 33F-1 is a Class 
19X felony punishable by a term of imprisonment of not less than 
2010 years and not more than 40 years.
The possession of each 
21firearm or firearm ammunition in violation of this Section 
22constitutes a single and separate violation.

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


24 (720 ILCS 5/24-1.6)
25 Sec. 24-1.6. Aggravated unlawful use of a weapon. 
 
 
HB3818- 126 -LRB101 11428 SLF 57060 b


1 (a) A person commits the offense of aggravated unlawful use 
2of a weapon when
he or she knowingly:
3  (1) Carries on or about his or her person or in any 
4 vehicle or concealed
on or about his or her person except 
5 when on his or her land or in his or her
abode, legal 
6 dwelling, or fixed place of business, or on the land or in 
7 the legal dwelling of another person as an invitee with 
8 that person's permission, any pistol, revolver, stun gun or 
9 taser or
other firearm; or
10  (2) Carries or possesses on or about his or her person, 
11 upon any public
street, alley, or other public lands within 
12 the corporate limits of a city,
village or incorporated 
13 town, except when an invitee thereon or therein, for
the 
14 purpose of the display of such weapon or the lawful 
15 commerce in weapons, or
except when on his or her own land 
16 or in his or her own abode, legal dwelling, or fixed place 
17 of
business, or on the land or in the legal dwelling of 
18 another person as an invitee with that person's permission, 
19 any pistol, revolver, stun gun or taser or other firearm; 
20 and
21  (3) One of the following factors is present:
22   (A) the firearm, other than a pistol, revolver, or 
23 handgun, possessed was uncased, loaded, and 
24 immediately accessible
at the time of the offense; or
25   (A-5) the pistol, revolver, or handgun possessed 
26 was uncased, loaded, and immediately accessible
at the 
 
 
HB3818- 127 -LRB101 11428 SLF 57060 b


1 time of the offense and the person possessing the 
2 pistol, revolver, or handgun has not been issued a 
3 currently valid license under the Firearm Concealed 
4 Carry Act; or 
5   (B) the firearm, other than a pistol, revolver, or 
6 handgun, possessed was uncased, unloaded, and the 
7 ammunition for
the weapon was immediately accessible 
8 at the time of the offense; or
9   (B-5) the pistol, revolver, or handgun possessed 
10 was uncased, unloaded, and the ammunition for
the 
11 weapon was immediately accessible at the time of the 
12 offense and the person possessing the pistol, 
13 revolver, or handgun has not been issued a currently 
14 valid license under the Firearm Concealed Carry Act; or 
15   (C) (blank); or the person possessing the firearm 
16 has not been issued a currently
valid Firearm Owner's 
17 Identification Card; or
18   (D) the person possessing the weapon was 
19 previously adjudicated
a delinquent minor under the 
20 Juvenile Court Act of 1987 for an act that if
committed 
21 by an adult would be a felony; or
22   (E) the person possessing the weapon was engaged in 
23 a misdemeanor
violation of the Cannabis
Control Act, in 
24 a misdemeanor violation of the Illinois Controlled 
25 Substances
Act, or in a misdemeanor violation of the 
26 Methamphetamine Control and Community Protection Act; 
 
 
HB3818- 128 -LRB101 11428 SLF 57060 b


1 or
2   (F) (blank); or
3   (G) the person possessing the weapon had an order 
4 of protection issued
against him or her within the 
5 previous 2 years; or
6   (H) the person possessing the weapon was engaged in 
7 the commission or
attempted commission of
a 
8 misdemeanor involving the use or threat of violence 
9 against
the person or property of another; or
10   (I) the person possessing the weapon was under 21 
11 years of age and in
possession of a handgun, unless the 
12 person under 21
is engaged in lawful activities under 
13 the Wildlife Code or described in
subsection 
14 24-2(b)(1), (b)(3), or 24-2(f).
15 (a-5) "Handgun" as used in this Section has the meaning 
16given to it in Section 5 of the Firearm Concealed Carry Act. 
17 (b) "Stun gun or taser" as used in this Section has the 
18same definition
given to it in Section 24-1 of this Code.
19 (c) This Section does not apply to or affect the 
20transportation or
possession
of weapons that:
21  (i) are broken down in a non-functioning state; or
22  (ii) are not immediately accessible; or
23  (iii) are unloaded and enclosed in a case, firearm 
24 carrying box,
shipping box, or other container by a person 
25 is eligible under State and federal law to possess a 
26 firearm who has been issued a currently
valid Firearm 
 
 
HB3818- 129 -LRB101 11428 SLF 57060 b


1 Owner's
Identification Card.
2 (d) Sentence.
3  (1) Aggravated unlawful use of a weapon is a Class 4 
4 felony;
a second or subsequent offense is a Class 2 felony 
5 for which the person shall be sentenced to a term of 
6 imprisonment of not less than 3 years and not more than 7 
7 years, except as provided for in Section 5-4.5-110 of the 
8 Unified Code of Corrections. 
9  (2) (Blank). Except as otherwise provided in 
10 paragraphs (3) and (4) of this subsection (d), a first 
11 offense of aggravated unlawful use of a weapon committed 
12 with a firearm by a person 18 years of age or older where 
13 the factors listed in both items (A) and (C) or both items 
14 (A-5) and (C) of paragraph (3) of subsection (a) are 
15 present is a Class 4 felony, for which the person shall be 
16 sentenced to a term of imprisonment of not less than one 
17 year and not more than 3 years.
18  (3) Aggravated unlawful use of
a weapon by a person who 
19 has been previously
convicted of a felony in this State or 
20 another jurisdiction is a Class 2
felony for which the 
21 person shall be sentenced to a term of imprisonment of not 
22 less than 3 years and not more than 7 years, except as 
23 provided for in Section 5-4.5-110 of the Unified Code of 
24 Corrections. 
25  (4) Aggravated unlawful use of a weapon while wearing 
26 or in possession of body armor as defined in Section 33F-1 
 
 
HB3818- 130 -LRB101 11428 SLF 57060 b


1 by a person who is prohibited under State or federal law 
2 from possessing a firearm has not been issued a valid 
3 Firearms Owner's Identification Card in accordance with 
4 Section 5 of the Firearm Owners Identification Card Act is 
5 a Class X felony.

6 (e) The possession of each firearm in violation of this 
7Section constitutes a single and separate violation.
8(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

9 (720 ILCS 5/24-1.8)
10 Sec. 24-1.8. Unlawful possession of a firearm by a street 
11gang member.
12 (a) A person
commits unlawful possession of a firearm by a 
13street gang member when he or she knowingly:
14  (1) possesses, carries, or conceals on or about his or 
15 her person a firearm and firearm ammunition while on any 
16 street, road, alley, gangway, sidewalk, or any other lands, 
17 except when inside his or her own abode or inside his or 
18 her fixed place of business, and has not been issued a 
19 currently valid Firearm Owner's Identification Card and is 
20 a member of a street gang; or
21  (2) possesses or carries in any vehicle a firearm and 
22 firearm ammunition which are both immediately accessible 
23 at the time of the offense while on any street, road, 
24 alley, or any other lands, except when inside his or her 
25 own abode or garage, and has not been issued a currently 
 
 
HB3818- 131 -LRB101 11428 SLF 57060 b


1 valid Firearm Owner's Identification Card and is a member 
2 of a street gang.
3 (b) Unlawful possession of a firearm by a street gang 
4member is a Class 2 felony for which the person, if sentenced 
5to a term of imprisonment, shall be sentenced to no less than 3 
6years and no more than 10 years. A period of probation, a term 
7of periodic imprisonment or conditional discharge shall not be 
8imposed for the offense of unlawful possession of a firearm by 
9a street gang member when the firearm was loaded or contained 
10firearm ammunition and the court shall sentence the offender to 
11not less than the minimum term of imprisonment authorized for 
12the Class 2 felony.
13 (c) For purposes of this Section:
14  "Street gang" or "gang" has the meaning ascribed to it 
15 in Section 10 of the Illinois Streetgang Terrorism Omnibus 
16 Prevention Act.
17  "Street gang member" or "gang member" has the meaning 
18 ascribed to it in Section 10 of the Illinois Streetgang 
19 Terrorism Omnibus Prevention Act.

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


21 (720 ILCS 5/24-2)



22 Sec. 24-2. Exemptions. 

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

 
 
HB3818- 132 -LRB101 11428 SLF 57060 b


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

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

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

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

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

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

 
 
HB3818- 133 -LRB101 11428 SLF 57060 b


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

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

24  (6) Any person regularly employed in a commercial or 
25 industrial
operation as a security guard for the protection 
26 of persons employed
and private property related to such 
 
 
HB3818- 134 -LRB101 11428 SLF 57060 b


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

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

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

25  (7) Agents and investigators of the Illinois 
26 Legislative Investigating
Commission authorized by the 
 
 
HB3818- 135 -LRB101 11428 SLF 57060 b


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

3 any investigation for the Commission.

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

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

23 Conditions for renewal of firearm control cards issued 
24 under the
provisions of this Section shall be the same as 
25 for those issued under the
provisions of the Private 
26 Detective, Private Alarm,
Private Security, Fingerprint 
 
 
HB3818- 136 -LRB101 11428 SLF 57060 b


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

7 armored car services.

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

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

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

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

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

 
 
HB3818- 137 -LRB101 11428 SLF 57060 b


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

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

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

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

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

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

26  (2) Duly authorized military or civil organizations 
 
 
HB3818- 138 -LRB101 11428 SLF 57060 b


1 while parading,
with the special permission of the 
2 Governor.

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

4 permit while engaged in hunting,
trapping or fishing.

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

6 non-functioning state or are not immediately accessible.

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

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

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

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

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

26  (5) Persons licensed under federal law to manufacture 
 
 
HB3818- 139 -LRB101 11428 SLF 57060 b


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

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

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

17  (6) The manufacture, transport, testing, delivery, 
18 transfer or sale,
and all lawful commercial or experimental 
19 activities necessary thereto, of
rifles, shotguns, and 
20 weapons made from rifles or shotguns,
or ammunition for 
21 such rifles, shotguns or weapons, where engaged in
by a 
22 person operating as a contractor or subcontractor pursuant 
23 to a
contract or subcontract for the development and supply 
24 of such rifles,
shotguns, weapons or ammunition to the 
25 United States government or any
branch of the Armed Forces 
26 of the United States, when such activities are
necessary 
 
 
HB3818- 140 -LRB101 11428 SLF 57060 b


1 and incident to fulfilling the terms of such contract.

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

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

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

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

25 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
26Section 24-1.6
do not apply
to members of any club or 
 
 
HB3818- 141 -LRB101 11428 SLF 57060 b


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

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

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

9  (2) Bonafide collectors of antique or surplus military 
10 ordnance.

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

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

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

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

 
 
HB3818- 142 -LRB101 11428 SLF 57060 b


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

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

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

13or
not immediately accessible.

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

1524-1.6 do not apply to
or affect any parole agent or parole 
16supervisor who meets the qualifications and conditions 
17prescribed in Section 3-14-1.5 of the Unified Code of 
18Corrections. 
19 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
20officer while serving as a member of a tactical response team 
21or special operations team. A peace officer may not personally 
22own or apply for ownership of a device or attachment of any 
23kind designed, used, or intended for use in silencing the 
24report of any firearm. These devices shall be owned and 
25maintained by lawfully recognized units of government whose 
26duties include the investigation of criminal acts.
 
 
HB3818- 143 -LRB101 11428 SLF 57060 b


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

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

22transportation in which such common carrier is engaged; and 
23nothing in this
Article shall prohibit, apply to, or affect the 
24transportation, carrying,
or possession of any pistol, 
25revolver, stun gun, taser, or other firearm,
not the subject of 
26and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of 
 
 
HB3818- 144 -LRB101 11428 SLF 57060 b


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

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

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



6 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)


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

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

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

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

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

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

21  (e) Sells or gives any firearm to any person who has 
22 been a patient in a
mental institution within the past 5 
23 years. In this subsection (e):
24   "Mental institution" means any hospital, 
25 institution, clinic, evaluation facility, mental 
 
 
HB3818- 145 -LRB101 11428 SLF 57060 b


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

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

12  (g) Delivers any firearm, incidental to a sale, without 
13 withholding delivery of the firearm
for at least 72 hours 
14 after application for its purchase has been made, or

15 delivers a stun gun or taser, incidental to a sale,
without 
16 withholding delivery of the stun gun or taser for
at least 
17 24 hours after application for its purchase has been made.

18 However,
this paragraph (g) does not apply to: (1) the sale 
19 of a firearm
to a law enforcement officer if the seller of 
20 the firearm knows that the person to whom he or she is 
21 selling the firearm is a law enforcement officer or the 
22 sale of a firearm to a person who desires to purchase a 
23 firearm for
use in promoting the public interest incident 
24 to his or her employment as a
bank guard, armed truck 
25 guard, or other similar employment; (2) a mail
order sale 
26 of a firearm from a federally licensed firearms dealer to a 
 
 
HB3818- 146 -LRB101 11428 SLF 57060 b


1 nonresident of Illinois under which the firearm
is mailed 
2 to a federally licensed firearms dealer outside the 
3 boundaries of Illinois; (3) (blank); (4) the sale of a

4 firearm to a dealer licensed as a federal firearms dealer 
5 under Section 923
of the federal Gun Control Act of 1968 
6 (18 U.S.C. 923); or (5) the transfer or sale of any rifle, 
7 shotgun, or other long gun to a resident registered 
8 competitor or attendee or non-resident registered 
9 competitor or attendee by any dealer licensed as a federal 
10 firearms dealer under Section 923 of the federal Gun 
11 Control Act of 1968 at competitive shooting events held at 
12 the World Shooting Complex sanctioned by a national 
13 governing body. For purposes of transfers or sales under 
14 subparagraph (5) of this paragraph (g), the Department of 
15 Natural Resources shall give notice to the Department of 
16 State Police at least 30 calendar days prior to any 
17 competitive shooting events at the World Shooting Complex 
18 sanctioned by a national governing body. The notification 
19 shall be made on a form prescribed by the Department of 
20 State Police. The sanctioning body shall provide a list of 
21 all registered competitors and attendees at least 24 hours 
22 before the events to the Department of State Police. Any 
23 changes to the list of registered competitors and attendees 
24 shall be forwarded to the Department of State Police as 
25 soon as practicable. The Department of State Police must 
26 destroy the list of registered competitors and attendees no 
 
 
HB3818- 147 -LRB101 11428 SLF 57060 b


1 later than 30 days after the date of the event. Nothing in 
2 this paragraph (g) relieves a federally licensed firearm 
3 dealer from the requirements of conducting a NICS 
4 background check through the Illinois Point of Contact 
5 under 18 U.S.C. 922(t). For purposes of this paragraph (g), 
6 "application" means when the buyer and seller reach an 
7 agreement to purchase a firearm.
For purposes of this 
8 paragraph (g), "national governing body" means a group of 
9 persons who adopt rules and formulate policy on behalf of a 
10 national firearm sporting organization. 

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

20 "handgun" is defined as a firearm designed to be held
and 
21 fired by the use of a single hand, and includes a 
22 combination of parts from
which such a firearm can be 
23 assembled.

24  (i) Sells or gives a firearm of any size to any person 
25 under 18 years of
age who is not eligible under State or 
26 federal law to possess a firearm does not possess a valid 
 
 
HB3818- 148 -LRB101 11428 SLF 57060 b


1 Firearm Owner's Identification Card.

2  (j) Sells or gives a firearm while engaged in the 
3 business of selling
firearms at wholesale or retail without 
4 being licensed as a federal firearms
dealer under Section 
5 923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). 
6 In this paragraph (j):

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

10 principal objective of livelihood and profit, but does not 
11 include a person who
makes occasional repairs of firearms 
12 or who occasionally fits special barrels,
stocks, or 
13 trigger mechanisms to firearms.

14  "With the principal objective of livelihood and 
15 profit" means that the
intent
underlying the sale or 
16 disposition of firearms is predominantly one of
obtaining 
17 livelihood and pecuniary gain, as opposed to other intents, 
18 such as
improving or liquidating a personal firearms 
19 collection; however, proof of
profit shall not be required 
20 as to a person who engages in the regular and
repetitive 
21 purchase and disposition of firearms for criminal purposes 
22 or
terrorism.

23  (k) (Blank). Sells or transfers ownership of a firearm 
24 to a person who does not display to the seller or 
25 transferor of the firearm either: (1) a currently valid 
26 Firearm Owner's Identification Card that has previously 
 
 
HB3818- 149 -LRB101 11428 SLF 57060 b


1 been issued in the transferee's name by the Department of 
2 State Police under the provisions of the Firearm Owners 
3 Identification Card Act; or (2) a currently valid license 
4 to carry a concealed firearm that has previously been 
5 issued in the transferee's name by the
Department of State 
6 Police under the Firearm Concealed Carry Act. This 
7 paragraph (k) does not apply to the transfer of a firearm 
8 to a person who is exempt from the requirement of 
9 possessing a Firearm Owner's Identification Card under 
10 Section 2 of the Firearm Owners Identification Card Act. 
11 For the purposes of this Section, a currently valid Firearm 
12 Owner's Identification Card means (i) a Firearm Owner's 
13 Identification Card that has not expired or (ii) an 
14 approval number issued in accordance with subsection 
15 (a-10) of subsection 3 or Section 3.1 of the Firearm Owners 
16 Identification Card Act shall be proof that the Firearm 
17 Owner's Identification Card was valid.
18   (1) (Blank). In addition to the other requirements 
19 of this paragraph (k), all persons who are not 
20 federally licensed firearms dealers must also have 
21 complied with subsection (a-10) of Section 3 of the 
22 Firearm Owners Identification Card Act by determining 
23 the validity of a purchaser's Firearm Owner's 
24 Identification Card.
25   (2) (Blank). All sellers or transferors who have 
26 complied with the requirements of subparagraph (1) of 
 
 
HB3818- 150 -LRB101 11428 SLF 57060 b


1 this paragraph (k) shall not be liable for damages in 
2 any civil action arising from the use or misuse by the 
3 transferee of the firearm transferred, except for 
4 willful or wanton misconduct on the part of the seller 
5 or transferor. 
6  (l) Not
being entitled to the possession of a firearm, 
7 delivers the
firearm, knowing it to have been stolen or 
8 converted. It may be inferred that
a person who possesses a 
9 firearm with knowledge that its serial number has
been 
10 removed or altered has knowledge that the firearm is stolen 
11 or converted. 
12 (B) Paragraph (h) of subsection (A) does not include 
13firearms sold within 6
months after enactment of Public
Act 
1478-355 (approved August 21, 1973, effective October 1, 1973), 
15nor is any
firearm legally owned or
possessed by any citizen or 
16purchased by any citizen within 6 months after the
enactment of 
17Public Act 78-355 subject
to confiscation or seizure under the 
18provisions of that Public Act. Nothing in
Public Act 78-355 
19shall be construed to prohibit the gift or trade of
any firearm 
20if that firearm was legally held or acquired within 6 months 
21after
the enactment of that Public Act.

22 (C) Sentence.

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

26  (2) Any person convicted of unlawful sale or delivery 
 
 
HB3818- 151 -LRB101 11428 SLF 57060 b


1 of firearms in violation of
paragraph (b) or (i) of 
2 subsection (A) commits a Class 3 felony.

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

6  (4) Any person convicted of unlawful sale or delivery 
7 of firearms in violation of
paragraph (a), (b), or (i) of 
8 subsection (A) in any school, on the real
property 
9 comprising a school, within 1,000 feet of the real property 
10 comprising
a school, at a school related activity, or on or 
11 within 1,000 feet of any
conveyance owned, leased, or 
12 contracted by a school or school district to
transport 
13 students to or from school or a school related activity,

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

24 regardless of the time of day or time of year at which the 
25 offense
was committed, commits a Class 1 felony for which 
26 the sentence shall be a
term of imprisonment of no less 
 
 
HB3818- 152 -LRB101 11428 SLF 57060 b


1 than 5 years and no more than 15 years.

2  (5) Any person convicted of unlawful sale or delivery 
3 of firearms in violation of
paragraph (a) or (i) of 
4 subsection (A) in residential property owned,
operated, or 
5 managed by a public housing agency or leased by a public 
6 housing
agency as part of a scattered site or mixed-income 
7 development, in a public
park, in a
courthouse, on 
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, on 
11 the real property comprising any public park,
on the real

12 property comprising any courthouse, or on any public way 
13 within 1,000 feet
of the real property comprising any 
14 public park, courthouse, or residential
property owned, 
15 operated, or managed by a public housing agency or leased 
16 by a
public housing agency as part of a scattered site or 
17 mixed-income development
commits a
Class 2 felony.

18  (6) Any person convicted of unlawful sale or delivery 
19 of firearms in violation of
paragraph (j) of subsection (A) 
20 commits a Class A misdemeanor. A second or
subsequent 
21 violation is a Class 4 felony.
22  (7) (Blank). Any person convicted of unlawful sale or 
23 delivery of firearms in violation of paragraph (k) of 
24 subsection (A) commits a Class 4 felony, except that a 
25 violation of subparagraph (1) of paragraph (k) of 
26 subsection (A) shall not be punishable as a crime or petty 
 
 
HB3818- 153 -LRB101 11428 SLF 57060 b


1 offense. A third or subsequent conviction for a violation 
2 of paragraph (k) of subsection (A) is a Class 1 felony.


3  (8) A person 18 years of age or older convicted of 
4 unlawful sale or delivery of firearms in violation of 
5 paragraph (a) or (i) of subsection (A), when the firearm 
6 that was sold or given to another person under 18 years of 
7 age was used in the commission of or attempt to commit a 
8 forcible felony, shall be fined or imprisoned, or both, not 
9 to exceed the maximum provided for the most serious 
10 forcible felony so committed or attempted by the person 
11 under 18 years of age who was sold or given the firearm. 
12  (9) Any person convicted of unlawful sale or delivery 
13 of firearms in violation of
paragraph (d) of subsection (A) 
14 commits a Class 3 felony.
15  (10) Any person convicted of unlawful sale or delivery 
16 of firearms in violation of paragraph (l) of subsection (A) 
17 commits a Class 2 felony if the delivery is of one firearm. 
18 Any person convicted of unlawful sale or delivery of 
19 firearms in violation of paragraph (l) of subsection (A) 
20 commits a Class 1 felony if the delivery is of not less 
21 than 2 and not more than 5 firearms at the
same time or 
22 within a one year period. Any person convicted of unlawful 
23 sale or delivery of firearms in violation of paragraph (l) 
24 of subsection (A) commits a Class X felony for which he or 
25 she shall be sentenced
to a term of imprisonment of not 
26 less than 6 years and not more than 30
years if the 
 
 
HB3818- 154 -LRB101 11428 SLF 57060 b


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

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

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

23 "School" means a public or private elementary or secondary 
24school,
community college, college, or university.

25 "School related activity" means any sporting, social, 
26academic, or
other activity for which students' attendance or 
 
 
HB3818- 155 -LRB101 11428 SLF 57060 b


1participation is sponsored,
organized, or funded in whole or in 
2part by a school or school district.

3 (E) A prosecution for a violation of paragraph (k) of 
4subsection (A) of this Section may be commenced within 6 years 
5after the commission of the offense. A prosecution for a 
6violation of this Section other than paragraph (g) of 
7subsection (A) of this Section may be commenced within 5 years 
8after the commission of the offense defined in the particular 
9paragraph.

10(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; 
1199-642, eff. 7-28-16; 100-606, eff. 1-1-19.)




12 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)



13 Sec. 24-3.1. Unlawful possession of firearms and firearm 
14ammunition. 

15 (a) A person commits the offense of unlawful possession of 
16firearms
or firearm ammunition when:


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


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


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


 
 
HB3818- 156 -LRB101 11428 SLF 57060 b


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


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


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

20 For purposes of this paragraph "explosive bullet" means the 
21projectile
portion of an ammunition cartridge which contains or 
22carries an explosive
charge which will explode upon contact 
23with the flesh of a human or an animal.
"Cartridge" means a 
24tubular metal case having a projectile affixed at the
front 
25thereof and a cap or primer at the rear end thereof, with the 
26propellant
contained in such tube between the projectile and 
 
 
HB3818- 157 -LRB101 11428 SLF 57060 b


1the cap.

2 (a-5) A person prohibited from possessing a firearm under 
3this Section may petition the Director of State Police for a 
4hearing and relief from the prohibition, unless the prohibition 
5was based upon a forcible felony, stalking, aggravated 
6stalking, domestic battery, any violation of the Illinois 
7Controlled Substances Act, the Methamphetamine Control and 
8Community Protection Act, or the Cannabis Control Act that is 
9classified as a Class 2 or greater felony, any felony violation 
10of Article 24 of the Criminal Code of 1961 or the Criminal Code 
11of 2012, or any adjudication as a delinquent minor for the 
12commission of an offense that if committed by an adult would be 
13a felony, in which case the person may petition the circuit 
14court in writing in the county of his or her residence for a 
15hearing and relief from the prohibition. The Director or court 
16may grant the relief if it is established by the petitioner to 
17the court's or Director's satisfaction that: 
18  (1) when in the circuit court, the State's Attorney has 
19 been served with a written copy of the petition at least 30 
20 days before any hearing in the circuit court and at the 
21 hearing the State's Attorney was afforded an opportunity to 
22 present evidence and object to the petition;
23  (2) the petitioner has not been convicted of a
forcible 
24 felony under the laws of this State or any other 
25 jurisdiction within 20 years of the filing of the petition, 
26 or at least 20 years have passed since the end of any 
 
 
HB3818- 158 -LRB101 11428 SLF 57060 b


1 period of imprisonment imposed in relation to that 
2 conviction;
3  (3) the circumstances regarding a criminal
conviction, 
4 where applicable, the petitioner's criminal history and 
5 his reputation are such that the petitioner will not be 
6 likely to act in a manner dangerous to public safety;
7  (4) granting relief would not be contrary to the
public 
8 interest; and
9  (5) granting relief would not be contrary to federal

10 law. 
11 (b) Sentence.

12 Unlawful possession of firearms, other than handguns, and 
13firearm
ammunition is a Class A misdemeanor. Unlawful 
14possession of handguns is a
Class 4 felony. The possession of 
15each firearm or firearm ammunition in violation of this Section 
16constitutes a single and separate violation.


17 (c) Nothing in paragraph (1) of subsection (a) of this 
18Section prohibits
a person under 18 years of age from 
19participating in any lawful recreational
activity with a 
20firearm such as, but not limited to, practice shooting at

21targets upon established public or private target ranges or 
22hunting, trapping,
or fishing in accordance with the Wildlife 
23Code or the Fish and Aquatic Life
Code.

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





25 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)



 
 
HB3818- 159 -LRB101 11428 SLF 57060 b


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

2 (a) A person
commits the offense of unlawful discharge of 
3firearm projectiles when he
or she knowingly
or recklessly uses 
4an armor piercing bullet, dragon's
breath shotgun shell, bolo 
5shell, or flechette
shell
in violation of
this Section.

6 For purposes of this Section:

7 "Armor piercing bullet" means
any handgun bullet or handgun 
8ammunition with projectiles or projectile cores
constructed 
9entirely (excluding the presence of traces of other substances)

10from tungsten alloys, steel, iron, brass, bronze, beryllium 
11copper
or depleted uranium, or fully jacketed bullets larger 
12than 22 caliber whose
jacket
has a weight of more than 25% of 
13the total weight of the projectile, and
excluding those handgun

14projectiles whose cores are composed of soft materials such as 
15lead or lead
alloys, zinc or zinc alloys, frangible projectiles 
16designed primarily for
sporting purposes, and any
other 
17projectiles or projectile cores that the U. S. Secretary of the 
18Treasury
finds to be primarily intended to be used for sporting 
19purposes or industrial
purposes or that otherwise does not 
20constitute "armor piercing ammunition" as
that term is defined 
21by federal law.

22 "Dragon's breath shotgun shell" means any shotgun shell 
23that contains
exothermic pyrophoric mesh metal as the 
24projectile and is designed for the
purpose of throwing or 
25spewing a flame or fireball to simulate a flame-thrower.

26 "Bolo shell" means any shell that can be fired in a firearm 
 
 
HB3818- 160 -LRB101 11428 SLF 57060 b


1and expels as
projectiles 2 or more metal balls connected by 
2solid metal wire.

3 "Flechette shell" means any shell that can be fired in a 
4firearm and expels
2 or more pieces of fin-stabilized solid 
5metal wire or 2 or more solid
dart-type
projectiles.

6 (b) A person commits a Class X felony when he or she, 
7knowing that a
firearm,
as defined in Section
1.1 of the 
8Firearm Owners Identification Card
Act, is loaded with an armor

9piercing bullet, dragon's breath shotgun shell, bolo
shell, or 
10flechette
shell,
intentionally or recklessly discharges such 
11firearm and such bullet or
shell strikes
any other person.

12 (c) Any person who possesses, concealed on or about his or 
13her person,
an armor
piercing bullet, dragon's breath shotgun 
14shell, bolo
shell, or flechette
shell
and a firearm suitable 
15for the discharge thereof is guilty
of a Class 2 felony.

16 (d) This Section does not apply to or affect any of the 
17following:


18  (1) Peace officers;


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


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


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


 
 
HB3818- 161 -LRB101 11428 SLF 57060 b


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

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





4 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)



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

6 (a) It shall be unlawful for any person who holds a license 
7to sell at
retail any alcoholic liquor issued by the Illinois 
8Liquor Control
Commission or local liquor control commissioner 
9under the Liquor Control Act
of 1934 or an agent or employee of 
10the licensee to sell or deliver to any
other person a firearm 
11in or on the real property of the establishment
where the 
12licensee is licensed to sell alcoholic liquors unless the sale 
13or
delivery of the firearm is otherwise lawful under this 
14Article and under the
Firearm Owners Identification Card Act.

15 (b) Sentence. A violation of subsection (a) of this Section 
16is a
Class 4 felony.

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





18 (720 ILCS 5/24-3.5)


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

20 (a) For purposes of this Section,
"firearms transaction 
21record form" means a form:


22  (1) executed by a transferee
of a firearm stating: (i) 
23 the transferee's name and address (including county
or 
24 similar political subdivision); (ii) whether the 
 
 
HB3818- 162 -LRB101 11428 SLF 57060 b


1 transferee is a citizen of
the United States;
(iii) the 
2 transferee's State of residence; and (iv) the date and 
3 place of
birth, height, weight, and race of the transferee; 
4 and


5  (2) on which the transferee certifies that he or she is 
6 not
prohibited by federal law from transporting or shipping 
7 a firearm
in interstate or foreign commerce or receiving a 
8 firearm that has been shipped
or transported in interstate 
9 or foreign commerce or possessing a firearm in or
affecting 
10 commerce.

11 (b) A person commits the offense of unlawful purchase of a 
12firearm who
knowingly purchases or attempts to purchase a

13firearm with the intent to deliver that firearm to another 
14person who
is prohibited by federal or State law from 
15possessing a firearm.

16 (c) A person commits the offense of unlawful purchase of a 
17firearm when he
or she, in purchasing or attempting to purchase 
18a firearm, intentionally
provides false or
misleading 
19information on a United States Department of the Treasury, 
20Bureau of
Alcohol, Tobacco and Firearms firearms transaction 
21record form.

22 (d) Exemption. It is not a violation of subsection (b) of 
23this Section for a
person to make a gift or loan of a firearm to 
24a
person who is not
prohibited by federal or State law from 
25possessing a firearm
if the transfer of the firearm
is made in 
26accordance with Section 3 of the Firearm Owners Identification 
 
 
HB3818- 163 -LRB101 11428 SLF 57060 b


1Card
Act.

2 (e) Sentence.


3  (1) A person who commits the offense of unlawful 
4 purchase of a
firearm:


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


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

10 year period;


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

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


16  (2) In addition to any other penalty that may be 
17 imposed for a violation
of this Section, the court may 
18 sentence a person convicted of a violation of
subsection 
19 (c) of this Section to a fine not to exceed $250,000 for 
20 each
violation.

21 (f) A prosecution for unlawful purchase of a firearm may be 
22commenced within 6 years after the commission of the offense.

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


24 (720 ILCS 5/24-4.1)

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

 
 
HB3818- 164 -LRB101 11428 SLF 57060 b


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

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

24 (720 ILCS 5/24-4.5 new)

25 Sec. 24-4.5. Dial up system.
 
 
HB3818- 165 -LRB101 11428 SLF 57060 b


1 (a) The Department of State Police shall provide
a dial up 
2telephone system or utilize other existing technology which 
3shall be used by any federally licensed
firearm dealer, gun 
4show promoter, or gun show vendor who is to transfer a firearm, 
5stun gun, or taser under the provisions of this
Code. The 
6Department of State Police may utilize existing technology 
7which
allows the caller to be charged a fee not to exceed $2. 
8Fees collected by the Department of
State Police shall be 
9deposited in the State Police Services Fund and used
to provide 
10the service.
11 (b) Upon receiving a request from a federally licensed 
12firearm dealer, gun show promoter, or gun show vendor, the

13Department of State Police shall immediately approve, or within 
14the time
period established by Section 24-3 of this Code 
15regarding
the delivery of firearms, stun guns, and tasers 
16notify the inquiring dealer, gun show promoter, or gun show 
17vendor of any objection that
would disqualify the transferee 
18from acquiring or possessing a firearm, stun gun, or taser. In

19conducting the inquiry, the Department of State Police shall 
20initiate and
complete an automated search of its criminal 
21history record information
files and those of the Federal 
22Bureau of Investigation, including the
National Instant 
23Criminal Background Check System, and of the files of
the 
24Department of Human Services relating to mental health and

25developmental disabilities to obtain
any felony conviction or 
26patient hospitalization information which would
disqualify a 
 
 
HB3818- 166 -LRB101 11428 SLF 57060 b


1person from obtaining a firearm.
2 (c) If receipt of a firearm would not violate Section 24-3 
3of this Code or federal law, the Department of State Police 
4shall:

5  (1) assign a unique identification number to the 
6 transfer; and
7  (2) provide the licensee, gun show promoter, or gun 
8 show vendor with the number.
9 (d) Approvals issued by the Department of State Police for 
10the purchase of a firearm are valid for 30 days from the date 
11of issue.

12 (e)(1) The Department of State Police must act as the 
13Illinois Point of Contact
for the National Instant Criminal 
14Background Check System.
15 (2) The Department of State Police and the Department of 
16Human Services shall, in accordance with State and federal law 
17regarding confidentiality, enter into a memorandum of 
18understanding with the Federal Bureau of Investigation for the 
19purpose of implementing the National Instant Criminal 
20Background Check System in the State. The Department of State 
21Police shall report the name, date of birth, and physical 
22description of any person prohibited from possessing a firearm 
23under this Code or 18 U.S.C. 922(g) and (n) to the National 
24Instant Criminal Background Check System Index, Denied Persons 
25Files.
26 (f) The Department of State Police shall adopt rules not 
 
 
HB3818- 167 -LRB101 11428 SLF 57060 b


1inconsistent with this Section to implement this
system.





2 (720 ILCS 5/24-9)



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

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

5for any person to
store or leave, within premises under his or 
6her control, a firearm if
the
person knows or has reason to 
7believe that a minor under the age of 14
years who does not 
8have a Firearm Owners Identification Card is likely to gain

9access to the firearm without the lawful permission
of the 
10person possessing the firearm, minor's parent, guardian, or 
11person having charge of the minor, and
the minor causes death 
12or great bodily harm with the firearm, unless
the firearm is:


13  (1) secured by a device or mechanism, other than the 
14 firearm safety,
designed to render a firearm temporarily 
15 inoperable; or


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


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

20 (b) Sentence. A person who violates this Section is guilty 
21of a Class C
misdemeanor and shall be fined not less than 
22$1,000. A second or subsequent
violation of this Section is a 
23Class A misdemeanor.

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


25  (1) if the minor under 14 years of age gains access to 
 
 
HB3818- 168 -LRB101 11428 SLF 57060 b


1 a
firearm and uses it in a lawful act of self-defense or 
2 defense of another; or


3  (2) to any firearm obtained by a minor under the age of 
4 14 because of
an unlawful entry of the premises by the 
5 minor or another person.

6 (d) (Blank). For the purposes of this Section, "firearm" 
7has the meaning ascribed
to it in Section
1.1 of the Firearm 
8Owners Identification Card Act.

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


10 Section 85. The Methamphetamine Control and Community 
11Protection Act is amended by changing Section 10 as follows:

12 (720 ILCS 646/10)

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

16 "Anhydrous ammonia equipment" means all items used to 
17store, hold, contain, handle, transfer, transport, or apply 
18anhydrous ammonia for lawful purposes.

19 "Booby trap" means any device designed to cause physical 
20injury when triggered by an act of a person approaching, 
21entering, or moving through a structure, a vehicle, or any 
22location where methamphetamine has been manufactured, is being 
23manufactured, or is intended to be manufactured.

24 "Deliver" or "delivery" has the meaning provided in 
 
 
HB3818- 169 -LRB101 11428 SLF 57060 b


1subsection (h) of Section 102 of the Illinois Controlled 
2Substances Act.

3 "Director" means the Director of State Police or the 
4Director's designated agents.

5 "Dispose" or "disposal" means to abandon, discharge, 
6release, deposit, inject, dump, spill, leak, or place 
7methamphetamine waste onto or into any land, water, or well of 
8any type so that the waste has the potential to enter the 
9environment, be emitted into the air, or be discharged into the 
10soil or any waters, including groundwater.

11 "Emergency response" means the act of collecting evidence 
12from or securing a methamphetamine laboratory site, 
13methamphetamine waste site or other methamphetamine-related 
14site and cleaning up the site, whether these actions are 
15performed by public entities or private contractors paid by 
16public entities.

17 "Emergency service provider" means a local, State, or 
18federal peace officer, firefighter, emergency medical 
19technician-ambulance, emergency
medical 
20technician-intermediate, emergency medical 
21technician-paramedic, ambulance driver, or other medical or 
22first aid personnel rendering aid, or any agent or designee of 
23the foregoing.

24 "Finished methamphetamine" means methamphetamine in a form 
25commonly used for personal consumption.
26 "Firearm" has the meaning provided in Section 2-7.5 of the 
 
 
HB3818- 170 -LRB101 11428 SLF 57060 b


1Criminal Code of 2012 1.1 of the Firearm Owners Identification 
2Card Act.

3 "Manufacture" means to produce, prepare, compound, 
4convert, process, synthesize, concentrate, purify, separate, 
5extract, or package any methamphetamine, methamphetamine 
6precursor, methamphetamine manufacturing catalyst, 
7methamphetamine manufacturing reagent, methamphetamine 
8manufacturing solvent, or any substance containing any of the 
9foregoing.

10 "Methamphetamine" means the chemical methamphetamine (a 
11Schedule II controlled substance under the Illinois Controlled 
12Substances Act) or any salt, optical isomer, salt of optical 
13isomer, or analog thereof, with the exception of 
143,4-Methylenedioxymethamphetamine (MDMA) or any other 
15scheduled substance with a separate listing under the Illinois 
16Controlled Substances Act.
17 "Methamphetamine manufacturing catalyst" means any 
18substance that has been used, is being used, or is intended to 
19be used to activate, accelerate, extend, or improve a chemical 
20reaction involved in the manufacture of methamphetamine.

21 "Methamphetamine manufacturing environment" means a 
22structure or vehicle in which:

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

24  (2) chemicals that are being used, have been used, or 
25 are intended to be used to manufacture methamphetamine are 
26 stored;

 
 
HB3818- 171 -LRB101 11428 SLF 57060 b


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

3  (4) methamphetamine manufacturing waste is stored.

4 "Methamphetamine manufacturing material" means any 
5methamphetamine precursor, substance containing any 
6methamphetamine precursor, methamphetamine manufacturing 
7catalyst, substance containing any methamphetamine 
8manufacturing catalyst, methamphetamine manufacturing reagent, 
9substance containing any methamphetamine manufacturing 
10reagent, methamphetamine manufacturing solvent, substance 
11containing any methamphetamine manufacturing solvent, or any 
12other chemical, substance, ingredient, equipment, apparatus, 
13or item that is being used, has been used, or is intended to be 
14used in the manufacture of methamphetamine.

15 "Methamphetamine manufacturing reagent" means any 
16substance other than a methamphetamine manufacturing catalyst 
17that has been used, is being used, or is intended to be used to 
18react with and chemically alter any methamphetamine precursor.
19 "Methamphetamine manufacturing solvent" means any 
20substance that has been used, is being used, or is intended to 
21be used as a medium in which any methamphetamine precursor, 
22methamphetamine manufacturing catalyst, methamphetamine 
23manufacturing reagent, or any substance containing any of the 
24foregoing is dissolved, diluted, or washed during any part of 
25the methamphetamine manufacturing process.

26 "Methamphetamine manufacturing waste" means any chemical, 
 
 
HB3818- 172 -LRB101 11428 SLF 57060 b


1substance, ingredient, equipment, apparatus, or item that is 
2left over from, results from, or is produced by the process of 
3manufacturing methamphetamine, other than finished 
4methamphetamine.

5 "Methamphetamine precursor" means ephedrine, 
6pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, 
7phenylacetone, phenyl-2-propanone, P2P, or any salt, optical 
8isomer, or salt of an optical isomer of any of these chemicals.

9 "Multi-unit dwelling" means a unified structure used or 
10intended for use as a habitation, home, or residence that 
11contains 2 or more condominiums, apartments, hotel rooms, motel 
12rooms, or other living units.

13 "Package" means an item marked for retail sale that is not 
14designed to be further broken down or subdivided for the 
15purpose of retail sale.

16 "Participate" or "participation" in the manufacture of 
17methamphetamine means to produce, prepare, compound, convert, 
18process, synthesize, concentrate, purify, separate, extract, 
19or package any methamphetamine, methamphetamine precursor, 
20methamphetamine manufacturing catalyst, methamphetamine 
21manufacturing reagent, methamphetamine manufacturing solvent, 
22or any substance containing any of the foregoing, or to assist 
23in any of these actions, or to attempt to take any of these 
24actions, regardless of whether this action or these actions 
25result in the production of finished methamphetamine.

26 "Person with a disability" means a person who suffers from 
 
 
HB3818- 173 -LRB101 11428 SLF 57060 b


1a permanent physical or mental impairment resulting from 
2disease, injury, functional disorder, or congenital condition 
3which renders the person incapable of adequately providing for 
4his or her own health and personal care.

5 "Procure" means to purchase, steal, gather, or otherwise 
6obtain, by legal or illegal means, or to cause another to take 
7such action.

8 "Second or subsequent offense" means an offense under this 
9Act committed by an offender who previously committed an 
10offense under this Act, the Illinois Controlled Substances Act, 
11the Cannabis Control Act, or another Act of this State, another 
12state, or the United States relating to methamphetamine, 
13cannabis, or any other controlled substance.

14 "Standard dosage form", as used in relation to any 
15methamphetamine precursor, means that the methamphetamine 
16precursor is contained in a pill, tablet, capsule, caplet, gel 
17cap, or liquid cap that has been manufactured by a lawful 
18entity and contains a standard quantity of methamphetamine 
19precursor.

20 "Unauthorized container", as used in relation to anhydrous 
21ammonia, means any container that is not designed for the 
22specific and sole purpose of holding, storing, transporting, or 
23applying anhydrous ammonia. "Unauthorized container" includes, 
24but is not limited to, any propane tank, fire extinguisher, 
25oxygen cylinder, gasoline can, food or beverage cooler, or 
26compressed gas cylinder used in dispensing fountain drinks. 
 
 
HB3818- 174 -LRB101 11428 SLF 57060 b


1"Unauthorized container" does not encompass anhydrous ammonia 
2manufacturing plants, refrigeration systems
where anhydrous 
3ammonia is used solely as a refrigerant, anhydrous ammonia 
4transportation pipelines, anhydrous ammonia tankers, or 
5anhydrous ammonia barges.


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

7 Section 90. The Code of Criminal Procedure of 1963 is 
8amended by changing Sections 102-7.1, 110-10, 112A-11.1, 
9112A-11.2, and 112A-14 as follows:

10 (725 ILCS 5/102-7.1)
11 Sec. 102-7.1. "Category A offense". "Category A offense" 
12means a Class 1 felony, Class 2 felony, Class X felony, first 
13degree murder, a violation of Section 11-204 of the Illinois 
14Vehicle Code, a second or subsequent violation of Section 
1511-501 of the Illinois Vehicle Code, a violation of subsection 
16(d) of Section 11-501 of the Illinois Vehicle Code, a violation 
17of Section 11-401 of the Illinois Vehicle Code if the accident 
18results in injury and the person failed to report the accident 
19within 30 minutes, a violation of Section 9-3, 9-3.4, 10-3, 
2010-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25, 12-2, 
2112-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6, 12-7.1, 
2212-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3, 25-1, 
2326.5-2, or 48-1 of the Criminal Code of 2012, a second or 
24subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code 
 
 
HB3818- 175 -LRB101 11428 SLF 57060 b


1of 2012, a violation of paragraph (5) or (6) of subsection (b) 
2of Section 10-9 of the Criminal Code of 2012, a violation of 
3subsection (b) or (c) or paragraph (1) or (2) of subsection (a) 
4of Section 11-1.50 of the Criminal Code of 2012, a violation of 
5Section 12-7 of the Criminal Code of 2012 if the defendant 
6inflicts bodily harm on the victim to obtain a confession, 
7statement, or information, a violation of Section 12-7.5 of the 
8Criminal Code of 2012 if the action results in bodily harm, a 
9violation of paragraph (3) of subsection (b) of Section 17-2 of 
10the Criminal Code of 2012, a violation of subdivision 
11(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a 
12violation of paragraph (6) of subsection (a) of Section 24-1 of 
13the Criminal Code of 2012, a first violation of Section 24-1.6 
14of the Criminal Code of 2012 by a person 18 years of age or 
15older where the factors listed in both items (A) and (C) or 
16both items (A-5) and (C) of paragraph (3) of subsection (a) of 
17Section 24-1.6 of the Criminal Code of 2012 are present, a 
18Class 3 felony violation of paragraph (1) of
subsection (a) of 
19Section 2 of the Firearm Owners Identification Card Act 
20committed before the effective date of this amendatory Act of 
21the 101st General Assembly, or a violation of Section 10 of the 
22Sex Offender Registration Act. 

23(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)




24 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)



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

 
 
HB3818- 176 -LRB101 11428 SLF 57060 b


1 (a) If a person is released prior to conviction, either 
2upon payment of
bail security or on his or her own 
3recognizance, the conditions of the bail
bond shall be that he 
4or she will:


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


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


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


11  (4) Not violate any criminal statute of any 
12 jurisdiction;


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

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

 
 
HB3818- 177 -LRB101 11428 SLF 57060 b


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


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

17 property comprising any school.

18 Psychological evaluations ordered pursuant to this Section 
19shall be completed
promptly
and made available to the State, 
20the defendant, and the court. As a further
condition of bail 
21under
these circumstances, the court shall order the defendant 
22to refrain from
entering upon the
property of the school, 
23including any conveyance owned, leased, or contracted
by a 
24school to
transport students to or from school or a 
25school-related activity, or on any public way within
1,000 feet 
26of real property comprising any school. Upon receipt of the 
 
 
HB3818- 178 -LRB101 11428 SLF 57060 b


1psychological evaluation,
either the State or the defendant may 
2request a change in the conditions of bail, pursuant to
Section 
3110-6 of this Code. The court may change the conditions of bail 
4to include a
requirement that the defendant follow the 
5recommendations of the psychological evaluation,
including 
6undergoing psychiatric treatment. The conclusions of the

7psychological evaluation and
any statements elicited from the 
8defendant during its administration are not
admissible as 
9evidence
of guilt during the course of any trial on the charged 
10offense, unless the
defendant places his or her
mental 
11competency in issue.

12 (b) The court may impose other conditions, such as the 
13following, if the
court finds that such conditions are 
14reasonably necessary to assure the
defendant's appearance in 
15court, protect the public from the defendant, or
prevent the 
16defendant's unlawful interference with the orderly 
17administration
of justice:


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


20  (2) Refrain from possessing a firearm or other 
21 dangerous weapon;


22  (3) Refrain from approaching or communicating with 
23 particular persons or
classes of persons;


24  (4) Refrain from going to certain described 
25 geographical areas or
premises;


26  (5) Refrain from engaging in certain activities or 
 
 
HB3818- 179 -LRB101 11428 SLF 57060 b


1 indulging in
intoxicating liquors or in certain drugs;


2  (6) Undergo treatment for drug addiction or 
3 alcoholism;


4  (7) Undergo medical or psychiatric treatment;


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


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


9  (10) Support his or her dependents;


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


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


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


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

 
 
HB3818- 180 -LRB101 11428 SLF 57060 b


1 Unified Code of Corrections;


2  (14.1) The court shall impose upon a defendant who is 
3 charged with any
alcohol, cannabis, methamphetamine, or 
4 controlled substance violation and is placed under
direct 
5 supervision of the Pretrial Services Agency, Probation 
6 Department or
Court Services Department in a pretrial bond 
7 home supervision capacity with
the use of an approved 
8 monitoring device, as a condition of such bail bond,
a fee 
9 that represents costs incidental to the electronic 
10 monitoring for each
day of such bail supervision ordered by 
11 the
court, unless after determining the inability of the 
12 defendant to pay the
fee, the court assesses a lesser fee 
13 or no fee as the case may be. The fee
shall be collected by 
14 the clerk of the circuit court, except as provided in an 
15 administrative order of the Chief Judge of the circuit 
16 court. The clerk of the
circuit court shall pay all monies 
17 collected from this fee to the county
treasurer for deposit 
18 in the substance abuse services fund under Section
5-1086.1 
19 of the Counties Code, except as provided in an 
20 administrative order of the Chief Judge of the circuit 
21 court.
22  The Chief Judge of the circuit court of the county may 
23 by administrative order establish a program for electronic 
24 monitoring of offenders with regard to drug-related and 
25 alcohol-related offenses, in which a vendor supplies and 
26 monitors the operation of the electronic monitoring 
 
 
HB3818- 181 -LRB101 11428 SLF 57060 b


1 device, and collects the fees on behalf of the county. The 
2 program shall include provisions for indigent offenders 
3 and the collection of unpaid fees. The program shall not 
4 unduly burden the offender and shall be subject to review 
5 by the Chief Judge.
6  The Chief Judge of the circuit court may suspend any 
7 additional charges or fees for late payment, interest, or 
8 damage to any device;


9  (14.2) The court shall impose upon all defendants, 
10 including those
defendants subject to paragraph (14.1) 
11 above, placed under direct supervision
of the Pretrial 
12 Services Agency, Probation Department or Court Services

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

19 the court assesses a lesser fee or no fee as the case may 
20 be. The fee shall be
collected by the clerk of the circuit 
21 court, except as provided in an administrative order of the 
22 Chief Judge of the circuit court. The clerk of the circuit 
23 court
shall pay all monies collected from this fee to the 
24 county treasurer who shall
use the monies collected to 
25 defray the costs of corrections. The county
treasurer shall 
26 deposit the fee collected in the county working cash fund 
 
 
HB3818- 182 -LRB101 11428 SLF 57060 b


1 under
Section 6-27001 or Section 6-29002 of the Counties 
2 Code, as the case may
be, except as provided in an 
3 administrative order of the Chief Judge of the circuit 
4 court.
5  The Chief Judge of the circuit court of the county may 
6 by administrative order establish a program for electronic 
7 monitoring of offenders with regard to drug-related and 
8 alcohol-related offenses, in which a vendor supplies and 
9 monitors the operation of the electronic monitoring 
10 device, and collects the fees on behalf of the county. The 
11 program shall include provisions for indigent offenders 
12 and the collection of unpaid fees. The program shall not 
13 unduly burden the offender and shall be subject to review 
14 by the Chief Judge.
15  The Chief Judge of the circuit court may suspend any 
16 additional charges or fees for late payment, interest, or 
17 damage to any device;


18  (14.3) The Chief Judge of the Judicial Circuit may 
19 establish reasonable
fees to be paid by a person receiving 
20 pretrial services while under supervision
of a pretrial 
21 services agency, probation department, or court services

22 department. Reasonable fees may be charged for pretrial 
23 services
including, but not limited to, pretrial 
24 supervision, diversion programs,
electronic monitoring, 
25 victim impact services, drug and alcohol testing, DNA 
26 testing, GPS electronic monitoring, assessments and 
 
 
HB3818- 183 -LRB101 11428 SLF 57060 b


1 evaluations related to domestic violence and other 
2 victims, and
victim mediation services. The person 
3 receiving pretrial services may be
ordered to pay all costs 
4 incidental to pretrial services in accordance with his
or 
5 her ability to pay those costs;


6  (14.4) For persons charged with violating Section 
7 11-501 of the Illinois
Vehicle Code, refrain from operating 
8 a motor vehicle not equipped with an
ignition interlock 
9 device, as defined in Section 1-129.1 of the Illinois

10 Vehicle Code,
pursuant to the rules promulgated by the 
11 Secretary of State for the
installation of ignition

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

16 defendant's employment;


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

21 States territory;


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


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

26 (c) When a person is charged with an offense under Section 
 
 
HB3818- 184 -LRB101 11428 SLF 57060 b


111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

212-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the 
3Criminal Code of 2012, involving a victim who is a
minor under 
418 years of age living in the same household with the defendant

5at the time of the offense, in granting bail or releasing the 
6defendant on
his own recognizance, the judge shall impose 
7conditions to restrict the
defendant's access to the victim 
8which may include, but are not limited to
conditions that he 
9will:


10  1. Vacate the household.


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


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

14 (d) When a person is charged with a criminal offense and 
15the victim is
a family or household member as defined in 
16Article 112A, conditions shall
be imposed at the time of the 
17defendant's release on bond that restrict the
defendant's 
18access to the victim.
Unless provided otherwise by the court, 
19the
restrictions shall include
requirements that the defendant 
20do the following:


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


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

 
 
HB3818- 185 -LRB101 11428 SLF 57060 b


1 (e) Local law enforcement agencies shall develop 
2standardized bond forms
for use in cases involving family or 
3household members as defined in
Article 112A, including 
4specific conditions of bond as provided in
subsection (d). 
5Failure of any law enforcement department to develop or use

6those forms shall in no way limit the applicability and 
7enforcement of
subsections (d) and (f).

8 (f) If the defendant is admitted to bail after conviction 
9the
conditions of the bail bond shall be that he will, in 
10addition to the
conditions set forth in subsections (a) and (b) 
11hereof:


12  (1) Duly prosecute his appeal;


13  (2) Appear at such time and place as the court may 
14 direct;


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


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


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

21 (g) Upon a finding of guilty for any felony offense, the 
22defendant shall
physically surrender, at a time and place 
23designated by the court,
any and all firearms in his or her 
24possession and his or her Firearm Owner's
Identification Card 
25as a condition of remaining on bond pending sentencing.

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


 
 
HB3818- 186 -LRB101 11428 SLF 57060 b


1 (725 ILCS 5/112A-11.1)
2 Sec. 112A-11.1. Procedure for determining whether certain 
3misdemeanor crimes
are crimes of domestic violence for purposes 
4of federal
law.
5 (a) When a defendant has been charged with a violation of 
6Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the 
7Criminal Code of 1961 or the Criminal Code of 2012, the State 
8may, at arraignment or no later than 45 days after arraignment, 
9for the purpose of notification to the Department of State 
10Police Firearm Owner's Identification Card Office, serve on the 
11defendant and file with the court a notice alleging that 
12conviction of the offense would subject the defendant to the 
13prohibitions of 18 U.S.C. 922(g)(9) because of the relationship 
14between the defendant and the alleged victim and the nature of 
15the alleged offense.
16 (b) The notice shall include the name of the person alleged 
17to be the victim of the crime and shall specify the nature of 
18the alleged relationship as set forth in 18 U.S.C. 
19921(a)(33)(A)(ii). It shall also specify the element of the 
20charged offense which requires the use or attempted use of 
21physical force, or the threatened use of a deadly weapon, as 
22set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include 
23notice that the defendant is entitled to a hearing on the 
24allegation contained in the notice and that if the allegation 
25is sustained, that determination and conviction shall be 
 
 
HB3818- 187 -LRB101 11428 SLF 57060 b


1reported to the Department of State Police Firearm Owner's 
2Identification Card Office.
3 (c) After having been notified as provided in subsection 
4(b) of this Section, the defendant may stipulate or admit, 
5orally on the record or in writing, that conviction of the 
6offense would subject the defendant to the prohibitions of 18 
7U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. 
8922(g)(9) shall be deemed established for purposes of Section 
9112A-11.2. If the defendant denies the applicability of 18 
10U.S.C. 922(g)(9) as alleged in the notice served by the State, 
11or stands mute with respect to that allegation, then the State 
12shall bear the burden to prove beyond a reasonable doubt that 
13the offense is one to which the prohibitions of 18 U.S.C. 
14922(g)(9) apply. The court may consider reliable hearsay 
15evidence submitted by either party provided that it is relevant 
16to the determination of the allegation. Facts previously proven 
17at trial or elicited at the time of entry of a plea of guilty 
18shall be deemed established beyond a reasonable doubt and shall 
19not be relitigated. At the conclusion of the hearing, or upon a 
20stipulation or admission, as applicable, the court shall make a 
21specific written determination with respect to the allegation.

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

23 (725 ILCS 5/112A-11.2)
24 Sec. 112A-11.2. Notification to the Department of State 
25Police Firearm Owner's Identification Card Office of

 
 
HB3818- 188 -LRB101 11428 SLF 57060 b


1determinations in certain misdemeanor cases. Upon judgment of 
2conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2, 
312-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal 
4Code of 2012 when the defendant has been determined, under 
5Section 112A-11.1, to be subject to the prohibitions of 18 
6U.S.C. 922(g)(9), the circuit court clerk shall include 
7notification and a copy of the written determination in a 
8report of the conviction to the Department of State Police 
9Firearm Owner's Identification Card Office to enable the office 
10to report that determination to the Federal Bureau of 
11Investigation and assist the Bureau in identifying persons 
12prohibited from purchasing and possessing a firearm pursuant to 
13the provisions of 18 U.S.C. 922.

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



15 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)


16 Sec. 112A-14. Domestic violence order of protection; 
17remedies. 

18 (a) (Blank).

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

23  (1) Prohibition of abuse. Prohibit respondent's 
24 harassment,
interference with personal liberty, 
25 intimidation of a dependent, physical
abuse, or willful 
 
 
HB3818- 189 -LRB101 11428 SLF 57060 b


1 deprivation, as defined in this Article, if such abuse has

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

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

7 including one owned or leased by respondent, if petitioner 
8 has a right
to occupancy thereof. The grant of exclusive 
9 possession of the residence, household, or premises
shall 
10 not affect title to real property, nor shall the court be 
11 limited by
the standard set forth in subsection (c-2) of 
12 Section 501 of the Illinois Marriage and
Dissolution of 
13 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

 
 
HB3818- 190 -LRB101 11428 SLF 57060 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 domestic violence order of protection, or 
 
 
HB3818- 191 -LRB101 11428 SLF 57060 b


1 prohibit 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 a domestic violence order of protection 
9 grants petitioner exclusive possession
of the 
10 residence, prohibits respondent from entering the 
11 residence,
or orders respondent to stay away from 
12 petitioner or other
protected persons, then the court 
13 may allow respondent access to the
residence to remove 
14 items of clothing and personal adornment
used 
15 exclusively by respondent, medications, and other 
16 items as the court directs.
The right to access shall 
17 be exercised on only one occasion as the court directs

18 and in the presence of an agreed-upon adult third party 
19 or law enforcement 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 a 
23 domestic violence order of protection and providing 
24 relief shall consider the severity of the act, any 
25 continuing physical danger or emotional distress to 
26 the petitioner, the educational rights guaranteed to 
 
 
HB3818- 192 -LRB101 11428 SLF 57060 b


1 the petitioner and respondent under federal and State 
2 law, the availability of a transfer of the respondent 
3 to another school, a change of placement or a change of 
4 program of the respondent, the expense, difficulty, 
5 and educational disruption that would be caused by a 
6 transfer of the respondent to another school, and any 
7 other relevant facts of the case. The court may order 
8 that the respondent not attend the public, private, or 
9 non-public elementary, middle, or high school attended 
10 by the petitioner, order that the respondent accept a 
11 change of placement or change of program, as determined 
12 by the school district or private or non-public school, 
13 or place restrictions on the respondent's movements 
14 within the school attended by the petitioner. The 
15 respondent bears the burden of proving by a 
16 preponderance of the evidence that a transfer, change 
17 of placement, or change of program of the respondent is 
18 not available. The respondent also bears the burden of 
19 production with respect to the expense, difficulty, 
20 and educational disruption that would be caused by a 
21 transfer of the respondent to another school. A 
22 transfer, change of placement, or change of program is 
23 not unavailable to the respondent solely on the ground 
24 that the respondent does not agree with the school 
25 district's or private or non-public school's transfer, 
26 change of placement, or change of program or solely on 
 
 
HB3818- 193 -LRB101 11428 SLF 57060 b


1 the ground that the respondent fails or refuses to 
2 consent or otherwise does not take an action required 
3 to effectuate a transfer, change of placement, or 
4 change of program. When a court orders a respondent to 
5 stay away from the public, private, or non-public 
6 school attended by the petitioner and the respondent 
7 requests a transfer to another attendance center 
8 within the respondent's school district or private or 
9 non-public school, the school district or private or 
10 non-public school shall have sole discretion to 
11 determine the attendance center to which the 
12 respondent is transferred. If the court order results 
13 in a transfer of the minor respondent to another 
14 attendance center, a change in the respondent's 
15 placement, or a change of the respondent's program, the 
16 parents, guardian, or legal custodian of the 
17 respondent is responsible for transportation and other 
18 costs associated with the 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 
 
 
HB3818- 194 -LRB101 11428 SLF 57060 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 this Code) of a minor child, there shall 
26 be a
rebuttable presumption that awarding physical care to 
 
 
HB3818- 195 -LRB101 11428 SLF 57060 b


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

2  (6) Temporary allocation of parental responsibilities 
3 and significant decision-making responsibilities.
Award 
4 temporary significant decision-making responsibility to 
5 petitioner in accordance with this Section,
the Illinois 
6 Marriage
and Dissolution of Marriage Act, the Illinois 
7 Parentage Act of 2015,
and this State's Uniform 
8 Child-Custody
Jurisdiction and Enforcement Act. 

9  If the respondent
is charged with abuse (as defined in 
10 Section 112A-3 of this Code) of a
minor child, there shall 
11 be a rebuttable presumption that awarding
temporary 
12 significant decision-making responsibility to respondent 
13 would not be in the
child's best interest.

14  (7) Parenting time. Determine the parenting time, if 
15 any, of respondent in any case in which the court
awards 
16 physical care or temporary significant decision-making 
17 responsibility of a minor child to
petitioner. The court 
18 shall restrict or deny respondent's parenting time with
a 
19 minor child if
the court finds that respondent has done or 
20 is likely to do any of the
following:
21   (i) abuse or endanger the minor child during 
22 parenting time;
23   (ii) use the parenting time
as an opportunity to 
24 abuse or harass petitioner or
petitioner's family or 
25 household members;
26   (iii) improperly conceal or
detain the minor 
 
 
HB3818- 196 -LRB101 11428 SLF 57060 b


1 child; or
2   (iv) otherwise act in a manner that is not in
the 
3 best interests of the minor child. 
4  The court shall not be limited by the
standards set 
5 forth in Section 603.10 of the Illinois Marriage and

6 Dissolution of Marriage Act. If the court grants parenting 
7 time, the order
shall specify dates and times for the 
8 parenting time to take place or other
specific parameters 
9 or conditions that are appropriate. No order for parenting 
10 time
shall refer merely to the term "reasonable parenting 
11 time". Petitioner may deny respondent access to the minor 
12 child if, when
respondent arrives for parenting time, 
13 respondent is under the influence of drugs
or alcohol and 
14 constitutes a threat to the safety and well-being of

15 petitioner or petitioner's minor children or is behaving in 
16 a violent or abusive manner. If necessary to protect any 
17 member of petitioner's family or
household from future 
18 abuse, respondent shall be prohibited from coming to

19 petitioner's residence to meet the minor child for 
20 parenting time, and the petitioner and respondent
shall 
21 submit to the court their recommendations for reasonable

22 alternative arrangements for parenting time. A person may 
23 be approved to
supervise parenting time only after filing 
24 an affidavit accepting
that responsibility and 
25 acknowledging accountability to the court.

26  (8) Removal or concealment of minor child.
Prohibit 
 
 
HB3818- 197 -LRB101 11428 SLF 57060 b


1 respondent from
removing a minor child from the State or 
2 concealing the child within the
State.

3  (9) Order to appear. Order the respondent to
appear in 
4 court, alone
or with a minor child, to prevent abuse, 
5 neglect, removal or concealment of
the child, to return the 
6 child to the custody or care of the petitioner, or
to 
7 permit any court-ordered interview or examination of the 
8 child or the
respondent.

9  (10) Possession of personal property. Grant petitioner 
10 exclusive
possession of personal property and, if 
11 respondent has possession or
control, direct respondent to 
12 promptly make it available to petitioner, if:

13   (i) petitioner, but not respondent, owns the 
14 property; or

15   (ii) the petitioner and respondent own the 
16 property jointly; sharing it would risk
abuse of 
17 petitioner by respondent or is impracticable; and the 
18 balance of
hardships favors temporary possession by 
19 petitioner.

20  If petitioner's sole claim to ownership of the property 
21 is that it is
marital property, the court may award 
22 petitioner temporary possession
thereof under the 
23 standards of subparagraph (ii) of this paragraph only if
a 
24 proper proceeding has been filed under the Illinois 
25 Marriage and
Dissolution of Marriage Act, as now or 
26 hereafter amended.

 
 
HB3818- 198 -LRB101 11428 SLF 57060 b


1  No order under this provision shall affect title to 
2 property.

3  (11) Protection of property. Forbid the respondent 
4 from taking,
transferring, encumbering, concealing, 
5 damaging, or otherwise disposing of
any real or personal 
6 property, except as explicitly authorized by the
court, if:

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

9   (ii) the petitioner and respondent own the 
10 property jointly,
and the balance of hardships favors 
11 granting this remedy.

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

18  The court may further prohibit respondent from 
19 improperly using the
financial or other resources of an 
20 aged member of the family or household
for the profit or 
21 advantage of respondent or of any other person.

22  (11.5) Protection of animals. Grant the petitioner the 
23 exclusive care, custody, or control of any animal owned, 
24 possessed, leased, kept, or held by either the petitioner 
25 or the respondent or a minor child residing in the 
26 residence or household of either the petitioner or the 
 
 
HB3818- 199 -LRB101 11428 SLF 57060 b


1 respondent and order the respondent to stay away from the 
2 animal and forbid the respondent from taking, 
3 transferring, encumbering, concealing, harming, or 
4 otherwise disposing of the animal.

5  (12) Order for payment of support. Order
respondent to 
6 pay temporary
support for the petitioner or any child in 
7 the petitioner's care or over whom the petitioner has been 
8 allocated parental responsibility, when the respondent has 
9 a legal obligation to support that person,
in accordance 
10 with the Illinois Marriage and Dissolution
of Marriage Act, 
11 which shall govern, among other matters, the amount of

12 support, payment through the clerk and withholding of 
13 income to secure
payment. An order for child support may be 
14 granted to a petitioner with
lawful physical care of a 
15 child, or an order or agreement for
physical care of a 
16 child, prior to entry of an order allocating significant 
17 decision-making responsibility.
Such a support order shall 
18 expire upon entry of a valid order allocating parental 
19 responsibility differently and vacating petitioner's 
20 significant decision-making responsibility unless 
21 otherwise provided in the order.

22  (13) Order for payment of losses. Order
respondent to 
23 pay petitioner
for losses suffered as a direct result of 
24 the abuse. Such losses shall
include, but not be limited 
25 to, medical expenses, lost earnings or other
support, 
26 repair or replacement of property damaged or taken, 
 
 
HB3818- 200 -LRB101 11428 SLF 57060 b


1 reasonable
attorney's fees, court costs, and moving or 
2 other travel expenses, including
additional reasonable 
3 expenses for temporary shelter and restaurant meals.

4   (i) Losses affecting family needs. If a party is 
5 entitled to seek
maintenance, child support, or 
6 property distribution from the other party
under the 
7 Illinois Marriage and Dissolution of Marriage Act, as 
8 now or
hereafter amended, the court may order 
9 respondent to reimburse petitioner's
actual losses, to 
10 the extent that such reimbursement would be 
11 "appropriate
temporary relief", as authorized by 
12 subsection (a)(3) of
Section 501 of that Act.

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

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

19 investigator fees, and travel costs.

20  (14) Prohibition of entry. Prohibit the respondent 
21 from entering or
remaining in the residence or household 
22 while the respondent is under the
influence of alcohol or 
23 drugs and constitutes a threat to the safety and
well-being 
24 of the petitioner or the petitioner's children.

25  (14.5) Prohibition of firearm possession. 
26   (A) A person who is subject to an existing domestic 
 
 
HB3818- 201 -LRB101 11428 SLF 57060 b


1 violence order of protection issued under this Code may 
2 not lawfully possess firearms, stun guns, or tasers 
3 weapons under Section 8.2 of the Firearm Owners 
4 Identification Card Act.
5   (B) Any firearms in the
possession of the 
6 respondent, except as provided in subparagraph (C) of 
7 this paragraph (14.5), shall be ordered by the court to 
8 be turned
over to a person who is not prohibited under 
9 State or federal law from possessing firearms with a 
10 valid Firearm Owner's Identification Card for 
11 safekeeping. The court shall issue an order that the 
12 respondent's Firearm Owner's Identification Card be 
13 turned over to the local law enforcement agency, which 
14 in turn shall immediately mail the card to the 
15 Department of State Police Firearm Owner's 
16 Identification Card Office for safekeeping.
The period 
17 of safekeeping shall be for the duration of the 
18 domestic violence order of protection. The firearm or 
19 firearms and Firearm Owner's Identification Card, if 
20 unexpired, shall at the respondent's request be 
21 returned to the respondent at expiration of the 
22 domestic violence order of protection.

23   (C) If the respondent is a peace officer as defined 
24 in Section 2-13 of
the
Criminal Code of 2012, the court 
25 shall order that any firearms used by the
respondent in 
26 the performance of his or her duties as a
peace officer 
 
 
HB3818- 202 -LRB101 11428 SLF 57060 b


1 be surrendered to
the chief law enforcement executive 
2 of the agency in which the respondent is
employed, who 
3 shall retain the firearms for safekeeping for the 
4 duration of the domestic violence order of protection.

5   (D) Upon expiration of the period of safekeeping, 
6 if the firearms or Firearm Owner's Identification Card 
7 cannot be returned to respondent because respondent 
8 cannot be located, fails to respond to requests to 
9 retrieve the firearms, or is not lawfully eligible to 
10 possess a firearm, upon petition from the local law 
11 enforcement agency, the court may order the local law 
12 enforcement agency to destroy the firearms, use the 
13 firearms for training purposes, or for any other 
14 application as deemed appropriate by the local law 
15 enforcement agency; or that the firearms be turned over 
16 to a third party who is lawfully eligible to possess 
17 firearms, and who does not reside with respondent. 
18  (15) Prohibition of access to records. If a domestic 
19 violence order of protection
prohibits respondent from 
20 having contact with the minor child,
or if petitioner's 
21 address is omitted under subsection (b) of
Section 112A-5 
22 of this Code, or if necessary to prevent abuse or wrongful 
23 removal or
concealment of a minor child, the order shall 
24 deny respondent access to, and
prohibit respondent from 
25 inspecting, obtaining, or attempting to
inspect or obtain, 
26 school or any other records of the minor child
who is in 
 
 
HB3818- 203 -LRB101 11428 SLF 57060 b


1 the care of petitioner.

2  (16) Order for payment of shelter services. Order 
3 respondent to
reimburse a shelter providing temporary 
4 housing and counseling services to
the petitioner for the 
5 cost of the services, as certified by the shelter
and 
6 deemed reasonable by the court.

7  (17) Order for injunctive relief. Enter injunctive 
8 relief necessary
or appropriate to prevent further abuse of 
9 a family or household member or
to effectuate one of the 
10 granted remedies, if supported by the balance of
hardships. 
11 If the harm to be prevented by the injunction is abuse or 
12 any
other harm that one of the remedies listed in 
13 paragraphs (1) through (16)
of this subsection is designed 
14 to prevent, no further evidence is necessary
to establish 
15 that the harm is an irreparable injury.

16  (18) Telephone services.
17   (A) Unless a condition described in subparagraph 
18 (B) of this paragraph exists, the court may, upon 
19 request by the petitioner, order a wireless telephone 
20 service provider to transfer to the petitioner the 
21 right to continue to use a telephone number or numbers 
22 indicated by the petitioner and the financial 
23 responsibility associated with the number or numbers, 
24 as set forth in subparagraph (C) of this paragraph. In 
25 this paragraph (18), the term "wireless telephone 
26 service provider" means a provider of commercial 
 
 
HB3818- 204 -LRB101 11428 SLF 57060 b


1 mobile service as defined in 47 U.S.C. 332. The 
2 petitioner may request the transfer of each telephone 
3 number that the petitioner, or a minor child in his or 
4 her custody, uses. The clerk of the court shall serve 
5 the order on the wireless telephone service provider's 
6 agent for service of process provided to the Illinois 
7 Commerce Commission. The order shall contain all of the 
8 following: 
9    (i) The name and billing telephone number of 
10 the account holder including the name of the 
11 wireless telephone service provider that serves 
12 the account.
13    (ii) Each telephone number that will be 
14 transferred.
15    (iii) A statement that the provider transfers 
16 to the petitioner all financial responsibility for 
17 and right to the use of any telephone number 
18 transferred under this paragraph.
19   (B) A wireless telephone service provider shall 
20 terminate the respondent's use of, and shall transfer 
21 to the petitioner use of, the telephone number or 
22 numbers indicated in subparagraph (A) of this 
23 paragraph unless it notifies the petitioner, within 72 
24 hours after it receives the order, that one of the 
25 following applies:
26    (i) The account holder named in the order has 
 
 
HB3818- 205 -LRB101 11428 SLF 57060 b


1 terminated the account.
2    (ii) A difference in network technology would 
3 prevent or impair the functionality of a device on 
4 a network if the transfer occurs.
5    (iii) The transfer would cause a geographic or 
6 other limitation on network or service provision 
7 to the petitioner.
8    (iv) Another technological or operational 
9 issue would prevent or impair the use of the 
10 telephone number if the transfer occurs.
11   (C) The petitioner assumes all financial 
12 responsibility for and right to the use of any 
13 telephone number transferred under this paragraph. In 
14 this paragraph, "financial responsibility" includes 
15 monthly service costs and costs associated with any 
16 mobile device associated with the number.
17   (D) A wireless telephone service provider may 
18 apply to the petitioner its routine and customary 
19 requirements for establishing an account or 
20 transferring a number, including requiring the 
21 petitioner to provide proof of identification, 
22 financial information, and customer preferences.

23   (E) Except for willful or wanton misconduct, a 
24 wireless telephone service provider is immune from 
25 civil liability for its actions taken in compliance 
26 with a court order issued under this paragraph.
 
 
HB3818- 206 -LRB101 11428 SLF 57060 b


1   (F) All wireless service providers that provide 
2 services to residential customers shall provide to the 
3 Illinois Commerce Commission the name and address of an 
4 agent for service of orders entered under this 
5 paragraph (18). Any change in status of the registered 
6 agent must be reported to the Illinois Commerce 
7 Commission within 30 days of such change. 
8   (G) The Illinois Commerce Commission shall 
9 maintain the list of registered agents for service for 
10 each wireless telephone service provider on the 
11 Commission's website. The Commission may consult with 
12 wireless telephone service providers and the Circuit 
13 Court Clerks on the manner in which this information is 
14 provided and displayed. 
15 (c) Relevant factors; findings.

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

19 following:

20   (i) the nature, frequency, severity, pattern, and 
21 consequences of the
respondent's past abuse of the 
22 petitioner or any family or household
member, 
23 including the concealment of his or her location in 
24 order to evade
service of process or notice, and the 
25 likelihood of danger of future abuse to
petitioner or

26 any member of petitioner's or respondent's family or 
 
 
HB3818- 207 -LRB101 11428 SLF 57060 b


1 household; and

2   (ii) the danger that any minor child will be abused 
3 or neglected or
improperly relocated from the 
4 jurisdiction, improperly concealed within the
State, 
5 or improperly separated from the child's primary 
6 caretaker.

7  (2) In comparing relative hardships resulting to the 
8 parties from loss
of possession of the family home, the 
9 court shall consider relevant
factors, including, but not 
10 limited to, the following:

11   (i) availability, accessibility, cost, safety, 
12 adequacy, location, and other
characteristics of 
13 alternate housing for each party and any minor child or

14 dependent adult in the party's care;

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

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

19  (3) Subject to the exceptions set forth in paragraph 
20 (4) of this
subsection (c), the court shall make its 
21 findings in an official record or in
writing, and shall at 
22 a minimum set forth the following:

23   (i) That the court has considered the applicable 
24 relevant factors
described in paragraphs (1) and (2) of 
25 this subsection (c).

26   (ii) Whether the conduct or actions of respondent, 
 
 
HB3818- 208 -LRB101 11428 SLF 57060 b


1 unless
prohibited, will likely cause irreparable harm 
2 or continued abuse.

3   (iii) Whether it is necessary to grant the 
4 requested relief in order
to protect petitioner or 
5 other alleged abused persons.

6  (4) (Blank).

7  (5) Never married parties. No rights or 
8 responsibilities for a minor
child born outside of marriage 
9 attach to a putative father until a father and
child 
10 relationship has been established under the Illinois 
11 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
12 the Illinois Public Aid Code, Section 12 of the Vital 
13 Records Act, the Juvenile Court Act of 1987, the Probate 
14 Act of 1975, the Uniform Interstate Family Support Act, the 
15 Expedited Child Support Act of 1990, any judicial, 
16 administrative, or other act of another state or territory, 
17 any other statute of this State, or by any foreign nation 
18 establishing the father and child relationship, any other 
19 proceeding substantially in conformity with the federal 
20 Personal Responsibility and Work Opportunity 
21 Reconciliation Act of 1996, or when both parties appeared 
22 in open court or at an administrative hearing acknowledging 
23 under oath or admitting by affirmation the existence of a 
24 father and child relationship. Absent such an 
25 adjudication, no putative father shall be granted

26 temporary allocation of parental responsibilities, 
 
 
HB3818- 209 -LRB101 11428 SLF 57060 b


1 including parenting time with the minor child, or
physical 
2 care
and possession of the minor child, nor shall
an order 
3 of payment for support of the minor child be entered.

4 (d) Balance of hardships; findings. If the court finds that 
5the balance
of hardships does not support the granting of a 
6remedy governed by
paragraph (2), (3), (10), (11), or (16) of

7subsection (b) of this Section,
which may require such 
8balancing, the court's findings shall so
indicate and shall 
9include a finding as to whether granting the remedy will
result 
10in hardship to respondent that would substantially outweigh the 
11hardship
to petitioner
from denial of the remedy. The findings 
12shall be an official record or in
writing.

13 (e) Denial of remedies. Denial of any remedy shall not be 
14based, in
whole or in part, on evidence that:

15  (1) respondent has cause for any use of force, unless 
16 that cause
satisfies the standards for justifiable use of 
17 force provided by Article
7 of the Criminal Code of 2012;

18  (2) respondent was voluntarily intoxicated;

19  (3) petitioner acted in self-defense or defense of 
20 another, provided
that, if petitioner utilized force, such 
21 force was justifiable under
Article 7 of the Criminal Code 
22 of 2012; 

23  (4) petitioner did not act in self-defense or defense 
24 of another;

25  (5) petitioner left the residence or household to avoid 
26 further abuse
by respondent;

 
 
HB3818- 210 -LRB101 11428 SLF 57060 b


1  (6) petitioner did not leave the residence or household 
2 to avoid further
abuse by respondent; or 

3  (7) conduct by any family or household member excused 
4 the abuse by
respondent, unless that same conduct would 
5 have excused such abuse if the
parties had not been family 
6 or household members.

7(Source: P.A. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18; 
8100-388, eff. 1-1-18; 100-597, eff. 6-29-18; 100-863, eff. 
98-14-18; 100-923, eff. 1-1-19; revised 10-18-18.)


10 Section 95. The Unified Code of Corrections is amended by 
11changing Sections 5-4.5-110, 5-5-3, 5-5-3.2, and 5-6-3 as 
12follows:

13 (730 ILCS 5/5-4.5-110)
14 (Section scheduled to be repealed on January 1, 2023)
15 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH 
16PRIOR FELONY
FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
17 (a) DEFINITIONS. For the purposes of this Section:
18  "Firearm" has the meaning ascribed to it in Section 
19 2-7.5 of the Criminal Code of 2012 Section 1.1 of the 
20 Firearm Owners Identification Card Act.
21  "Qualifying predicate offense" means the following 
22 offenses under the Criminal Code of 2012:
23   (A) aggravated unlawful use of a weapon under 
24 Section 24-1.6 or similar offense under the Criminal 
 
 
HB3818- 211 -LRB101 11428 SLF 57060 b


1 Code of 1961, when the weapon is a firearm; 
2   (B) unlawful use or possession of a weapon by a 
3 felon under Section 24-1.1 or similar offense under the 
4 Criminal Code of 1961, when the
weapon is a firearm;
5   (C) first degree murder under Section 9-1 or 
6 similar offense under the Criminal Code of 1961;
7   (D) attempted first degree murder with a firearm or 
8 similar offense under the Criminal Code of 1961;
9   (E) aggravated kidnapping with a firearm under 
10 paragraph (6) or (7) of subsection (a) of Section 10-2 
11 or similar offense under the Criminal Code of 1961;
12   (F) aggravated battery with a firearm under 
13 subsection (e) of Section 12-3.05 or similar offense 
14 under the Criminal Code of 1961;
15   (G) aggravated criminal sexual assault under 
16 Section 11-1.30 or similar offense under the Criminal 
17 Code of 1961;
18   (H) predatory criminal sexual assault of a child 
19 under Section 11-1.40 or similar offense under the 
20 Criminal Code of 1961;
21   (I) armed robbery under Section 18-2 or similar 
22 offense under the Criminal Code of 1961;
23   (J) vehicular hijacking under Section 18-3 or 
24 similar offense under the Criminal Code of 1961;
25   (K) aggravated vehicular hijacking under Section 
26 18-4 or similar offense under the Criminal Code of 
 
 
HB3818- 212 -LRB101 11428 SLF 57060 b


1 1961;
2   (L) home invasion with a firearm under paragraph 
3 (3), (4), or (5) of subsection (a) of Section 19-6 or 
4 similar offense under the Criminal Code of 1961;
5   (M) aggravated discharge of a firearm under 
6 Section 24-1.2 or similar offense under the Criminal 
7 Code of 1961;
8   (N) aggravated discharge of a machine gun or a 
9 firearm equipped with a device
designed or used for 
10 silencing the report of a firearm under Section 
11 24-1.2-5 or similar offense under the Criminal Code of 
12 1961;
13   (0) unlawful use of firearm projectiles under 
14 Section 24-2.1 or similar offense under the Criminal 
15 Code of 1961;
16   (P) manufacture, sale, or transfer of bullets or 
17 shells represented to be armor piercing
bullets, 
18 dragon's breath shotgun shells, bolo shells, or 
19 flechette shells under Section 24-2.2 or similar 
20 offense under the Criminal Code of 1961;
21   (Q) unlawful sale or delivery of firearms under 
22 Section 24-3 or similar offense under the Criminal Code 
23 of 1961;
24   (R) unlawful discharge of firearm projectiles 
25 under Section 24-3.2 or similar offense under the 
26 Criminal Code of 1961;
 
 
HB3818- 213 -LRB101 11428 SLF 57060 b


1   (S) unlawful sale or delivery of firearms on school 
2 premises of any school under Section 24-3.3 or similar 
3 offense under the Criminal Code of 1961;
4   (T) unlawful purchase of a firearm under Section 
5 24-3.5 or similar offense under the Criminal Code of 
6 1961;
7   (U) use of a stolen firearm in the commission of an 
8 offense under Section 24-3.7 or similar offense under 
9 the Criminal Code of 1961;
10   (V) possession of a stolen firearm under Section 
11 24-3.8 or similar offense under the Criminal Code of 
12 1961;
13   (W) aggravated possession of a stolen firearm 
14 under Section 24-3.9 or similar offense under the 
15 Criminal Code of 1961;
16   (X) gunrunning under Section 24-3A or similar 
17 offense under the Criminal Code of 1961;
18   (Y) defacing identification marks of firearms 
19 under Section 24-5 or similar offense under the 
20 Criminal Code of 1961; and
21   (Z) armed violence under Section 33A-2 or similar 
22 offense under the Criminal Code of 1961. 
23 (b) APPLICABILITY. For an offense committed on or after the 
24effective date of this amendatory Act of the 100th General 
25Assembly and before January 1, 2023, when a person is convicted 
26of unlawful use or possession of a weapon by a felon, when the 
 
 
HB3818- 214 -LRB101 11428 SLF 57060 b


1weapon is a firearm, or aggravated unlawful use of a weapon, 
2when the weapon is a firearm, after being previously convicted 
3of a qualifying predicate offense the person shall be subject 
4to the sentencing guidelines under this Section.
5 (c) SENTENCING GUIDELINES.
6  (1) When a person is convicted of unlawful use or 
7 possession of a weapon by a felon, when the weapon is a 
8 firearm, and that person has been previously convicted of a 
9 qualifying predicate offense, the person shall be 
10 sentenced to a term of imprisonment within the sentencing 
11 range of not less than 7 years and not more than 14 years, 
12 unless the court finds that a departure from the sentencing 
13 guidelines under this paragraph is warranted under 
14 subsection (d) of this Section.
15  (2) When a person is convicted of aggravated unlawful 
16 use of a weapon, when the weapon is a firearm, and that 
17 person has been previously convicted of a qualifying 
18 predicate offense, the person shall be sentenced to a term 
19 of imprisonment within the sentencing range of not less 
20 than 6 years and not more than 7 years, unless the court 
21 finds that a departure from the sentencing guidelines under 
22 this paragraph is warranted under subsection (d) of this 
23 Section. 
24  (3) The sentencing guidelines in paragraphs (1) and (2) 
25 of this subsection (c) apply only to offenses committed on 
26 and after the effective date of this amendatory Act of the 
 
 
HB3818- 215 -LRB101 11428 SLF 57060 b


1 100th General Assembly and before January 1, 2023. 
2 (d) DEPARTURE FROM SENTENCING GUIDELINES.
3  (1) At the sentencing hearing conducted under Section 
4 5-4-1 of this Code, the court may depart from the

5 sentencing guidelines provided in subsection (c) of this 
6 Section and impose a sentence
otherwise authorized by law 
7 for the offense if the court, after considering any factor 
8 under paragraph (2) of this subsection (d) relevant to the 
9 nature and
circumstances of the crime and to the history 
10 and character of the defendant, finds on the record

11 substantial and compelling justification that the sentence 
12 within the sentencing guidelines would be unduly harsh and

13 that a sentence otherwise authorized by law would be 
14 consistent with public
safety and does not deprecate the 
15 seriousness of the offense.
16  (2) In deciding whether to depart from the sentencing 
17 guidelines under this paragraph, the court shall
consider:
18   (A) the age, immaturity, or limited mental 
19 capacity of the defendant at the time of
commission of 
20 the qualifying predicate or current offense, including 
21 whether the defendant
was suffering from a mental or 
22 physical condition insufficient to constitute a

23 defense but significantly reduced the defendant's 
24 culpability;
25   (B) the nature and circumstances of the qualifying 
26 predicate offense;
 
 
HB3818- 216 -LRB101 11428 SLF 57060 b


1   (C) the time elapsed since the qualifying 
2 predicate offense;
3   (D) the nature and circumstances of the current 
4 offense;
5   (E) the defendant's prior criminal history;
6   (F) whether the defendant committed the qualifying 
7 predicate or current offense under
specific and 
8 credible duress, coercion, threat, or compulsion;
9   (G) whether the defendant aided in the 
10 apprehension of another felon or testified
truthfully 
11 on behalf of another prosecution of a felony; and
12   (H) whether departure is in the interest of the 
13 person's rehabilitation, including employment or 
14 educational or vocational training, after taking into 
15 account any past rehabilitation efforts or 
16 dispositions of probation or supervision, and the 
17 defendant's cooperation or response to rehabilitation.
18  (3) When departing from the sentencing guidelines 
19 under this Section, the court shall specify on the record, 
20 the particular evidence, information, factor or factors, 
21 or other reasons which led to the departure from the 
22 sentencing guidelines. When departing from the sentencing 
23 range in accordance with this subsection (d), the court 
24 shall indicate on the sentencing order which departure 
25 factor or factors outlined in paragraph (2) of this 
26 subsection (d) led to the sentence imposed. The sentencing 
 
 
HB3818- 217 -LRB101 11428 SLF 57060 b


1 order shall be filed with the clerk of the court and shall 
2 be a public record.
3 (e) This Section is repealed on January 1, 2023. 

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



5 (730 ILCS 5/5-5-3)


6 (Text of Section after amendment by P.A. 100-987)

7 Sec. 5-5-3. Disposition. 

8 (a) (Blank).

9 (b) (Blank). 

10 (c) (1) (Blank).

11 (2) A period of probation, a term of periodic imprisonment 
12or
conditional discharge shall not be imposed for the following 
13offenses.
The court shall sentence the offender to not less 
14than the minimum term
of imprisonment set forth in this Code 
15for the following offenses, and
may order a fine or restitution 
16or both in conjunction with such term of
imprisonment:

17  (A) First degree murder where the death penalty is not 
18 imposed.

19  (B) Attempted first degree murder.

20  (C) A Class X felony.

21  (D) A violation of Section 401.1 or 407 of the
Illinois 
22 Controlled Substances Act, or a violation of subdivision 
23 (c)(1.5) of
Section 401 of that Act which relates to more 
24 than 5 grams of a substance
containing fentanyl or an 
25 analog thereof.

 
 
HB3818- 218 -LRB101 11428 SLF 57060 b


1  (D-5) A violation of subdivision (c)(1) of
Section 401 
2 of the Illinois Controlled Substances Act which relates to 
3 3 or more grams of a substance
containing heroin or an 
4 analog thereof. 
5  (E) (Blank).

6  (F) A Class 1 or greater felony if the offender had 
7 been convicted
of a Class 1 or greater felony, including 
8 any state or federal conviction for an offense that 
9 contained, at the time it was committed, the same elements 
10 as an offense now (the date of the offense committed after 
11 the prior Class 1 or greater felony) classified as a Class 
12 1 or greater felony, within 10 years of the date on which 
13 the
offender
committed the offense for which he or she is 
14 being sentenced, except as
otherwise provided in Section 
15 40-10 of the Substance Use Disorder Act.

16  (F-3) A Class 2 or greater felony sex offense or felony 
17 firearm offense if the offender had been convicted of a 
18 Class 2 or greater felony, including any state or federal 
19 conviction for an offense that contained, at the time it 
20 was committed, the same elements as an offense now (the 
21 date of the offense committed after the prior Class 2 or 
22 greater felony) classified as a Class 2 or greater felony, 
23 within 10 years of the date on which the offender committed 
24 the offense for which he or she is being sentenced, except 
25 as otherwise provided in Section 40-10 of the Substance Use 
26 Disorder Act. 
 
 
HB3818- 219 -LRB101 11428 SLF 57060 b


1  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of 
2 the Criminal Code of 1961 or the Criminal Code of 2012 for 
3 which imprisonment is prescribed in those Sections.
4  (G) Residential burglary, except as otherwise provided 
5 in Section 40-10
of the Substance Use Disorder Act.

6  (H) Criminal sexual assault.

7  (I) Aggravated battery of a senior citizen as described 
8 in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05 
9 of the Criminal Code of 1961 or the Criminal Code of 2012.

10  (J) A forcible felony if the offense was related to the 
11 activities of an
organized gang.

12  Before July 1, 1994, for the purposes of this 
13 paragraph, "organized
gang" means an association of 5 or 
14 more persons, with an established hierarchy,
that 
15 encourages members of the association to perpetrate crimes 
16 or provides
support to the members of the association who 
17 do commit crimes.

18  Beginning July 1, 1994, for the purposes of this 
19 paragraph,
"organized gang" has the meaning ascribed to it 
20 in Section 10 of the Illinois
Streetgang Terrorism Omnibus 
21 Prevention Act.

22  (K) Vehicular hijacking.

23  (L) A second or subsequent conviction for the offense 
24 of hate crime
when the underlying offense upon which the 
25 hate crime is based is felony
aggravated
assault or felony 
26 mob action.

 
 
HB3818- 220 -LRB101 11428 SLF 57060 b


1  (M) A second or subsequent conviction for the offense 
2 of institutional
vandalism if the damage to the property 
3 exceeds $300.

4  (N) A Class 3 felony violation of paragraph (1) of 
5 subsection (a) of
Section 2 of the Firearm Owners 
6 Identification Card Act committed before the effective 
7 date of this amendatory Act of the 101st General Assembly.

8  (O) A violation of Section 12-6.1 or 12-6.5 of the 
9 Criminal Code of 1961 or the Criminal Code of 2012.

10  (P) A violation of paragraph (1), (2), (3), (4), (5), 
11 or (7) of
subsection (a)
of Section 11-20.1 of the Criminal 
12 Code of 1961 or the Criminal Code of 2012.

13  (Q) A violation of subsection (b) or (b-5) of Section 
14 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal 
15 Code of
1961 or the Criminal Code of 2012.

16  (R) A violation of Section 24-3A of the Criminal Code 
17 of
1961 or the Criminal Code of 2012.

18  (S) (Blank).

19  (T) (Blank).

20  (U) A second or subsequent violation of Section 6-303 
21 of the Illinois Vehicle Code committed while his or her 
22 driver's license, permit, or privilege was revoked because 
23 of a violation of Section 9-3 of the Criminal Code of 1961 
24 or the Criminal Code of 2012, relating to the offense of 
25 reckless homicide, or a similar provision of a law of 
26 another state.

 
 
HB3818- 221 -LRB101 11428 SLF 57060 b


1  (V)
A violation of paragraph (4) of subsection (c) of 
2 Section 11-20.1B or paragraph (4) of subsection (c) of 
3 Section 11-20.3 of the Criminal Code of 1961, or paragraph 
4 (6) of subsection (a) of Section 11-20.1 of the Criminal 
5 Code of 2012 when the victim is under 13 years of age and 
6 the defendant has previously been convicted under the laws 
7 of this State or any other state of the offense of child 
8 pornography, aggravated child pornography, aggravated 
9 criminal sexual abuse, aggravated criminal sexual assault, 
10 predatory criminal sexual assault of a child, or any of the 
11 offenses formerly known as rape, deviate sexual assault, 
12 indecent liberties with a child, or aggravated indecent 
13 liberties with a child where the victim was under the age 
14 of 18 years or an offense that is substantially equivalent 
15 to those offenses.
16  (W) A violation of Section 24-3.5 of the Criminal Code 
17 of 1961 or the Criminal Code of 2012.

18  (X) A violation of subsection (a) of Section 31-1a of 
19 the Criminal Code of 1961 or the Criminal Code of 2012.
20  (Y) A conviction for unlawful possession of a firearm 
21 by a street gang member when the firearm was loaded or 
22 contained firearm ammunition. 
23  (Z) A Class 1 felony committed while he or she was 
24 serving a term of probation or conditional discharge for a 
25 felony.
26  (AA) Theft of property exceeding $500,000 and not 
 
 
HB3818- 222 -LRB101 11428 SLF 57060 b


1 exceeding $1,000,000 in value.
2  (BB) Laundering of criminally derived property of a 
3 value exceeding
$500,000.
4  (CC) Knowingly selling, offering for sale, holding for 
5 sale, or using 2,000 or more counterfeit items or 
6 counterfeit items having a retail value in the aggregate of 
7 $500,000 or more. 
8  (DD) A conviction for aggravated assault under 
9 paragraph (6) of subsection (c) of Section 12-2 of the 
10 Criminal Code of 1961 or the Criminal Code of 2012 if the 
11 firearm is aimed toward the person against whom the firearm 
12 is being used. 
13  (EE) A conviction for a violation of paragraph (2) of 
14 subsection (a) of Section 24-3B of the Criminal Code of 
15 2012. 
16 (3) (Blank).

17 (4) A minimum term of imprisonment of not less than 10

18consecutive days or 30 days of community service shall be 
19imposed for a
violation of paragraph (c) of Section 6-303 of 
20the Illinois Vehicle Code.

21 (4.1) (Blank).

22 (4.2) Except as provided in paragraphs (4.3) and (4.8) of 
23this subsection (c), a
minimum of
100 hours of community 
24service shall be imposed for a second violation of
Section 
256-303
of the Illinois Vehicle Code.

26 (4.3) A minimum term of imprisonment of 30 days or 300 
 
 
HB3818- 223 -LRB101 11428 SLF 57060 b


1hours of community
service, as determined by the court, shall

2be imposed for a second violation of subsection (c) of Section 
36-303 of the
Illinois Vehicle Code.

4 (4.4) Except as provided in paragraphs
(4.5), (4.6), and 
5(4.9) of this
subsection (c), a
minimum term of imprisonment of 
630 days or 300 hours of community service, as
determined by the 
7court, shall
be imposed
for a third or subsequent violation of 
8Section 6-303 of the Illinois Vehicle
Code. The court may give 
9credit toward the fulfillment of community service hours for 
10participation in activities and treatment as determined by 
11court services. 

12 (4.5) A minimum term of imprisonment of 30 days
shall be 
13imposed for a third violation of subsection (c) of
Section 
146-303 of the Illinois Vehicle Code.

15 (4.6) Except as provided in paragraph (4.10) of this 
16subsection (c), a minimum term of imprisonment of 180 days 
17shall be imposed for a
fourth or subsequent violation of 
18subsection (c) of Section 6-303 of the
Illinois Vehicle Code.

19 (4.7) A minimum term of imprisonment of not less than 30 
20consecutive days, or 300 hours of community service, shall be 
21imposed for a violation of subsection (a-5) of Section 6-303 of 
22the Illinois Vehicle Code, as provided in subsection (b-5) of 
23that Section.

24 (4.8) A mandatory prison sentence shall be imposed for a 
25second violation of subsection (a-5) of Section 6-303 of the 
26Illinois Vehicle Code, as provided in subsection (c-5) of that 
 
 
HB3818- 224 -LRB101 11428 SLF 57060 b


1Section. The person's driving privileges shall be revoked for a 
2period of not less than 5 years from the date of his or her 
3release from prison.

4 (4.9) A mandatory prison sentence of not less than 4 and 
5not more than 15 years shall be imposed for a third violation 
6of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
7Code, as provided in subsection (d-2.5) of that Section. The 
8person's driving privileges shall be revoked for the remainder 
9of his or her life.

10 (4.10) A mandatory prison sentence for a Class 1 felony 
11shall be imposed, and the person shall be eligible for an 
12extended term sentence, for a fourth or subsequent violation of 
13subsection (a-5) of Section 6-303 of the Illinois Vehicle Code, 
14as provided in subsection (d-3.5) of that Section. The person's 
15driving privileges shall be revoked for the remainder of his or 
16her life.

17 (5) The court may sentence a corporation or unincorporated

18association convicted of any offense to:

19  (A) a period of conditional discharge;

20  (B) a fine;

21  (C) make restitution to the victim under Section 5-5-6 
22 of this Code.

23 (5.1) In addition to any other penalties imposed, and 
24except as provided in paragraph (5.2) or (5.3), a person

25convicted of violating subsection (c) of Section 11-907 of the 
26Illinois
Vehicle Code shall have his or her driver's license, 
 
 
HB3818- 225 -LRB101 11428 SLF 57060 b


1permit, or privileges
suspended for at least 90 days but not 
2more than one year, if the violation
resulted in damage to the 
3property of another person.

4 (5.2) In addition to any other penalties imposed, and 
5except as provided in paragraph (5.3), a person convicted
of 
6violating subsection (c) of Section 11-907 of the Illinois 
7Vehicle Code
shall have his or her driver's license, permit, or 
8privileges suspended for at
least 180 days but not more than 2 
9years, if the violation resulted in injury
to
another person.

10 (5.3) In addition to any other penalties imposed, a person 
11convicted of violating subsection (c) of Section
11-907 of the 
12Illinois Vehicle Code shall have his or her driver's license,

13permit, or privileges suspended for 2 years, if the violation 
14resulted in the
death of another person.

15 (5.4) In addition to any other penalties imposed, a person 
16convicted of violating Section 3-707 of the Illinois Vehicle 
17Code shall have his or her driver's license, permit, or 
18privileges suspended for 3 months and until he or she has paid 
19a reinstatement fee of $100.
20 (5.5) In addition to any other penalties imposed, a person 
21convicted of violating Section 3-707 of the Illinois Vehicle 
22Code during a period in which his or her driver's license, 
23permit, or privileges were suspended for a previous violation 
24of that Section shall have his or her driver's license, permit, 
25or privileges suspended for an additional 6 months after the 
26expiration of the original 3-month suspension and until he or 
 
 
HB3818- 226 -LRB101 11428 SLF 57060 b


1she has paid a reinstatement fee of $100.

2 (6) (Blank).

3 (7) (Blank).

4 (8) (Blank).

5 (9) A defendant convicted of a second or subsequent offense 
6of ritualized
abuse of a child may be sentenced to a term of 
7natural life imprisonment.

8 (10) (Blank).

9 (11) The court shall impose a minimum fine of $1,000 for a 
10first offense
and $2,000 for a second or subsequent offense 
11upon a person convicted of or
placed on supervision for battery 
12when the individual harmed was a sports
official or coach at 
13any level of competition and the act causing harm to the
sports

14official or coach occurred within an athletic facility or 
15within the immediate vicinity
of the athletic facility at which 
16the sports official or coach was an active
participant
of the 
17athletic contest held at the athletic facility. For the 
18purposes of
this paragraph (11), "sports official" means a 
19person at an athletic contest
who enforces the rules of the 
20contest, such as an umpire or referee; "athletic facility" 
21means an indoor or outdoor playing field or recreational area 
22where sports activities are conducted;
and "coach" means a 
23person recognized as a coach by the sanctioning
authority that 
24conducted the sporting event.
25 (12) A person may not receive a disposition of court 
26supervision for a
violation of Section 5-16 of the Boat 
 
 
HB3818- 227 -LRB101 11428 SLF 57060 b


1Registration and Safety Act if that
person has previously 
2received a disposition of court supervision for a
violation of 
3that Section.

4 (13) A person convicted of or placed on court supervision 
5for an assault or aggravated assault when the victim and the 
6offender are family or household members as defined in Section 
7103 of the Illinois Domestic Violence Act of 1986 or convicted 
8of domestic battery or aggravated domestic battery may be 
9required to attend a Partner Abuse Intervention Program under 
10protocols set forth by the Illinois Department of Human 
11Services under such terms and conditions imposed by the court. 
12The costs of such classes shall be paid by the offender.

13 (d) In any case in which a sentence originally imposed is 
14vacated,
the case shall be remanded to the trial court. The 
15trial court shall
hold a hearing under Section 5-4-1 of this 
16the Unified Code of Corrections
which may include evidence of 
17the defendant's life, moral character and
occupation during the 
18time since the original sentence was passed. The
trial court 
19shall then impose sentence upon the defendant. The trial
court 
20may impose any sentence which could have been imposed at the

21original trial subject to Section 5-5-4 of this the Unified 
22Code of Corrections.
If a sentence is vacated on appeal or on 
23collateral attack due to the
failure of the trier of fact at 
24trial to determine beyond a reasonable doubt
the
existence of a 
25fact (other than a prior conviction) necessary to increase the

26punishment for the offense beyond the statutory maximum 
 
 
HB3818- 228 -LRB101 11428 SLF 57060 b


1otherwise applicable,
either the defendant may be re-sentenced 
2to a term within the range otherwise
provided or, if the State 
3files notice of its intention to again seek the
extended 
4sentence, the defendant shall be afforded a new trial.

5 (e) In cases where prosecution for
aggravated criminal 
6sexual abuse under Section 11-1.60 or 12-16 of the
Criminal 
7Code of 1961 or the Criminal Code of 2012 results in conviction 
8of a defendant
who was a family member of the victim at the 
9time of the commission of the
offense, the court shall consider 
10the safety and welfare of the victim and
may impose a sentence 
11of probation only where:

12  (1) the court finds (A) or (B) or both are appropriate:

13   (A) the defendant is willing to undergo a court 
14 approved counseling
program for a minimum duration of 2 
15 years; or

16   (B) the defendant is willing to participate in a 
17 court approved plan
including but not limited to the 
18 defendant's:

19    (i) removal from the household;

20    (ii) restricted contact with the victim;

21    (iii) continued financial support of the 
22 family;

23    (iv) restitution for harm done to the victim; 
24 and

25    (v) compliance with any other measures that 
26 the court may
deem appropriate; and

 
 
HB3818- 229 -LRB101 11428 SLF 57060 b


1  (2) the court orders the defendant to pay for the 
2 victim's counseling
services, to the extent that the court 
3 finds, after considering the
defendant's income and 
4 assets, that the defendant is financially capable of
paying 
5 for such services, if the victim was under 18 years of age 
6 at the
time the offense was committed and requires 
7 counseling as a result of the
offense.

8 Probation may be revoked or modified pursuant to Section 
95-6-4; except
where the court determines at the hearing that 
10the defendant violated a
condition of his or her probation 
11restricting contact with the victim or
other family members or 
12commits another offense with the victim or other
family 
13members, the court shall revoke the defendant's probation and

14impose a term of imprisonment.

15 For the purposes of this Section, "family member" and 
16"victim" shall have
the meanings ascribed to them in Section 
1711-0.1 of the Criminal Code of
2012.

18 (f) (Blank).

19 (g) Whenever a defendant is convicted of an offense under 
20Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-14, 
2111-14.3, 11-14.4 except for an offense that involves keeping a 
22place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 
2311-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
12-13, 12-14, 
2412-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the 
25Criminal Code of 2012,
the defendant shall undergo medical 
26testing to
determine whether the defendant has any sexually 
 
 
HB3818- 230 -LRB101 11428 SLF 57060 b


1transmissible disease,
including a test for infection with 
2human immunodeficiency virus (HIV) or
any other identified 
3causative agent of acquired immunodeficiency syndrome
(AIDS). 
4Any such medical test shall be performed only by appropriately

5licensed medical practitioners and may include an analysis of 
6any bodily
fluids as well as an examination of the defendant's 
7person.
Except as otherwise provided by law, the results of 
8such test shall be kept
strictly confidential by all medical 
9personnel involved in the testing and must
be personally 
10delivered in a sealed envelope to the judge of the court in 
11which
the conviction was entered for the judge's inspection in 
12camera. Acting in
accordance with the best interests of the 
13victim and the public, the judge
shall have the discretion to 
14determine to whom, if anyone, the results of the
testing may be 
15revealed. The court shall notify the defendant
of the test 
16results. The court shall
also notify the victim if requested by 
17the victim, and if the victim is under
the age of 15 and if 
18requested by the victim's parents or legal guardian, the
court 
19shall notify the victim's parents or legal guardian of the test

20results.
The court shall provide information on the 
21availability of HIV testing
and counseling at Department of 
22Public Health facilities to all parties to
whom the results of 
23the testing are revealed and shall direct the State's
Attorney 
24to provide the information to the victim when possible.
A 
25State's Attorney may petition the court to obtain the results 
26of any HIV test
administered under this Section, and the court 
 
 
HB3818- 231 -LRB101 11428 SLF 57060 b


1shall grant the disclosure if
the State's Attorney shows it is 
2relevant in order to prosecute a charge of
criminal 
3transmission of HIV under Section 12-5.01 or 12-16.2 of the 
4Criminal Code of 1961 or the Criminal Code of 2012
against the 
5defendant. The court shall order that the cost of any such test

6shall be paid by the county and may be taxed as costs against 
7the convicted
defendant.

8 (g-5) When an inmate is tested for an airborne communicable 
9disease, as
determined by the Illinois Department of Public 
10Health including but not
limited to tuberculosis, the results 
11of the test shall be
personally delivered by the warden or his 
12or her designee in a sealed envelope
to the judge of the court 
13in which the inmate must appear for the judge's
inspection in 
14camera if requested by the judge. Acting in accordance with the

15best interests of those in the courtroom, the judge shall have 
16the discretion
to determine what if any precautions need to be 
17taken to prevent transmission
of the disease in the courtroom.

18 (h) Whenever a defendant is convicted of an offense under 
19Section 1 or 2
of the Hypodermic Syringes and Needles Act, the 
20defendant shall undergo
medical testing to determine whether 
21the defendant has been exposed to human
immunodeficiency virus 
22(HIV) or any other identified causative agent of
acquired 
23immunodeficiency syndrome (AIDS). Except as otherwise provided 
24by
law, the results of such test shall be kept strictly 
25confidential by all
medical personnel involved in the testing 
26and must be personally delivered in a
sealed envelope to the 
 
 
HB3818- 232 -LRB101 11428 SLF 57060 b


1judge of the court in which the conviction was entered
for the 
2judge's inspection in camera. Acting in accordance with the 
3best
interests of the public, the judge shall have the 
4discretion to determine to
whom, if anyone, the results of the 
5testing may be revealed. The court shall
notify the defendant 
6of a positive test showing an infection with the human

7immunodeficiency virus (HIV). The court shall provide 
8information on the
availability of HIV testing and counseling 
9at Department of Public Health
facilities to all parties to 
10whom the results of the testing are revealed and
shall direct 
11the State's Attorney to provide the information to the victim 
12when
possible. A State's Attorney may petition the court to 
13obtain the results of
any HIV test administered under this 
14Section, and the court shall grant the
disclosure if the 
15State's Attorney shows it is relevant in order to prosecute a

16charge of criminal transmission of HIV under Section 12-5.01 or 
1712-16.2 of the Criminal
Code of 1961 or the Criminal Code of 
182012 against the defendant. The court shall order that the cost 
19of any
such test shall be paid by the county and may be taxed as 
20costs against the
convicted defendant.

21 (i) All fines and penalties imposed under this Section for 
22any violation
of Chapters 3, 4, 6, and 11 of the Illinois 
23Vehicle Code, or a similar
provision of a local ordinance, and 
24any violation
of the Child Passenger Protection Act, or a 
25similar provision of a local
ordinance, shall be collected and 
26disbursed by the circuit
clerk as provided under the Criminal 
 
 
HB3818- 233 -LRB101 11428 SLF 57060 b


1and Traffic Assessment Act.

2 (j) In cases when prosecution for any violation of Section 
311-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8,
11-9, 
411-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 
511-17.1, 11-18, 11-18.1,
11-19, 11-19.1, 11-19.2, 11-20.1, 
611-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 
712-15, or
12-16 of the
Criminal Code of 1961 or the Criminal 
8Code of 2012, any violation of the Illinois Controlled 
9Substances Act,
any violation of the Cannabis Control Act, or 
10any violation of the Methamphetamine Control and Community 
11Protection Act results in conviction, a
disposition of court 
12supervision, or an order of probation granted under
Section 10 
13of the Cannabis Control Act, Section 410 of the Illinois

14Controlled Substances Act, or Section 70 of the Methamphetamine 
15Control and Community Protection Act of a defendant, the court 
16shall determine whether the
defendant is employed by a facility 
17or center as defined under the Child Care
Act of 1969, a public 
18or private elementary or secondary school, or otherwise
works 
19with children under 18 years of age on a daily basis. When a 
20defendant
is so employed, the court shall order the Clerk of 
21the Court to send a copy of
the judgment of conviction or order 
22of supervision or probation to the
defendant's employer by 
23certified mail.
If the employer of the defendant is a school, 
24the Clerk of the Court shall
direct the mailing of a copy of 
25the judgment of conviction or order of
supervision or probation 
26to the appropriate regional superintendent of schools.
The 
 
 
HB3818- 234 -LRB101 11428 SLF 57060 b


1regional superintendent of schools shall notify the State Board 
2of
Education of any notification under this subsection.

3 (j-5) A defendant at least 17 years of age who is convicted 
4of a felony and
who has not been previously convicted of a 
5misdemeanor or felony and who is
sentenced to a term of 
6imprisonment in the Illinois Department of Corrections
shall as 
7a condition of his or her sentence be required by the court to 
8attend
educational courses designed to prepare the defendant 
9for a high school diploma
and to work toward a high school 
10diploma or to work toward passing high school equivalency 
11testing or to work toward
completing a vocational training 
12program offered by the Department of
Corrections. If a 
13defendant fails to complete the educational training
required 
14by his or her sentence during the term of incarceration, the 
15Prisoner
Review Board shall, as a condition of mandatory 
16supervised release, require the
defendant, at his or her own 
17expense, to pursue a course of study toward a high
school 
18diploma or passage of high school equivalency testing. The 
19Prisoner Review Board shall
revoke the mandatory supervised 
20release of a defendant who wilfully fails to
comply with this 
21subsection (j-5) upon his or her release from confinement in a

22penal institution while serving a mandatory supervised release 
23term; however,
the inability of the defendant after making a 
24good faith effort to obtain
financial aid or pay for the 
25educational training shall not be deemed a wilful
failure to 
26comply. The Prisoner Review Board shall recommit the defendant

 
 
HB3818- 235 -LRB101 11428 SLF 57060 b


1whose mandatory supervised release term has been revoked under 
2this subsection
(j-5) as provided in Section 3-3-9. This 
3subsection (j-5) does not apply to a
defendant who has a high 
4school diploma or has successfully passed high school 
5equivalency testing. This subsection (j-5) does not apply to a 
6defendant who is determined by
the court to be a person with a 
7developmental disability or otherwise mentally incapable of

8completing the educational or vocational program.

9 (k) (Blank).

10 (l) (A) Except as provided
in paragraph (C) of subsection 
11(l), whenever a defendant,
who is an alien as defined by the 
12Immigration and Nationality Act, is convicted
of any felony or 
13misdemeanor offense, the court after sentencing the defendant

14may, upon motion of the State's Attorney, hold sentence in 
15abeyance and remand
the defendant to the custody of the 
16Attorney General of
the United States or his or her designated 
17agent to be deported when:

18  (1) a final order of deportation has been issued 
19 against the defendant
pursuant to proceedings under the 
20 Immigration and Nationality Act, and

21  (2) the deportation of the defendant would not 
22 deprecate the seriousness
of the defendant's conduct and 
23 would not be inconsistent with the ends of
justice.

24 Otherwise, the defendant shall be sentenced as provided in 
25this Chapter V.

26 (B) If the defendant has already been sentenced for a 
 
 
HB3818- 236 -LRB101 11428 SLF 57060 b


1felony or
misdemeanor
offense, or has been placed on probation 
2under Section 10 of the Cannabis
Control Act,
Section 410 of 
3the Illinois Controlled Substances Act, or Section 70 of the 
4Methamphetamine Control and Community Protection Act, the 
5court
may, upon motion of the State's Attorney to suspend the

6sentence imposed, commit the defendant to the custody of the 
7Attorney General
of the United States or his or her designated 
8agent when:

9  (1) a final order of deportation has been issued 
10 against the defendant
pursuant to proceedings under the 
11 Immigration and Nationality Act, and

12  (2) the deportation of the defendant would not 
13 deprecate the seriousness
of the defendant's conduct and 
14 would not be inconsistent with the ends of
justice.

15 (C) This subsection (l) does not apply to offenders who are 
16subject to the
provisions of paragraph (2) of subsection (a) of 
17Section 3-6-3.

18 (D) Upon motion of the State's Attorney, if a defendant 
19sentenced under
this Section returns to the jurisdiction of the 
20United States, the defendant
shall be recommitted to the 
21custody of the county from which he or she was
sentenced.

22Thereafter, the defendant shall be brought before the 
23sentencing court, which
may impose any sentence that was 
24available under Section 5-5-3 at the time of
initial 
25sentencing. In addition, the defendant shall not be eligible 
26for
additional earned sentence credit as provided under
Section 
 
 
HB3818- 237 -LRB101 11428 SLF 57060 b


13-6-3.

2 (m) A person convicted of criminal defacement of property 
3under Section
21-1.3 of the Criminal Code of 1961 or the 
4Criminal Code of 2012, in which the property damage exceeds 
5$300
and the property damaged is a school building, shall be 
6ordered to perform
community service that may include cleanup, 
7removal, or painting over the
defacement.

8 (n) The court may sentence a person convicted of a 
9violation of Section
12-19, 12-21, 16-1.3, or 17-56, or 
10subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
11of 1961 or the Criminal Code of 2012 (i) to an impact

12incarceration program if the person is otherwise eligible for 
13that program
under Section 5-8-1.1, (ii) to community service, 
14or (iii) if the person has a substance use disorder, as defined

15in the Substance Use Disorder Act, to a treatment program

16licensed under that Act.
17 (o) Whenever a person is convicted of a sex offense as 
18defined in Section 2 of the Sex Offender Registration Act, the 
19defendant's driver's license or permit shall be subject to 
20renewal on an annual basis in accordance with the provisions of 
21license renewal established by the Secretary of State.


22(Source: P.A. 99-143, eff. 7-27-15; 99-885, eff. 8-23-16; 
2399-938, eff. 1-1-18; 100-575, eff. 1-8-18; 100-759, eff. 
241-1-19; 100-987, eff. 7-1-19; revised 10-12-18.)


25 (730 ILCS 5/5-5-3.2)



 
 
HB3818- 238 -LRB101 11428 SLF 57060 b


1 Sec. 5-5-3.2. Factors in aggravation and extended-term 
2sentencing. 

3 (a) The following factors shall be accorded weight in favor 
4of
imposing a term of imprisonment or may be considered by the 
5court as reasons
to impose a more severe sentence under Section 
65-8-1 or Article 4.5 of Chapter V:

7  (1) the defendant's conduct caused or threatened 
8 serious harm;

9  (2) the defendant received compensation for committing 
10 the offense;

11  (3) the defendant has a history of prior delinquency or 
12 criminal activity;

13  (4) the defendant, by the duties of his office or by 
14 his position,
was obliged to prevent the particular offense 
15 committed or to bring
the offenders committing it to 
16 justice;

17  (5) the defendant held public office at the time of the 
18 offense,
and the offense related to the conduct of that 
19 office;

20  (6) the defendant utilized his professional reputation 
21 or
position in the community to commit the offense, or to 
22 afford
him an easier means of committing it;

23  (7) the sentence is necessary to deter others from 
24 committing
the same crime;

25  (8) the defendant committed the offense against a 
26 person 60 years of age
or older or such person's property;

 
 
HB3818- 239 -LRB101 11428 SLF 57060 b


1  (9) the defendant committed the offense against a 
2 person who has a physical disability or such person's 
3 property;

4  (10) by reason of another individual's actual or 
5 perceived race, color,
creed, religion, ancestry, gender, 
6 sexual orientation, physical or mental
disability, or 
7 national origin, the defendant committed the offense 
8 against (i)
the person or property
of that individual; (ii) 
9 the person or property of a person who has an
association 
10 with, is married to, or has a friendship with the other 
11 individual;
or (iii) the person or property of a relative 
12 (by blood or marriage) of a
person described in clause (i) 
13 or (ii). For the purposes of this Section,
"sexual 
14 orientation" has the meaning ascribed to it in paragraph 
15 (O-1) of Section 1-103 of the Illinois Human Rights Act;

16  (11) the offense took place in a place of worship or on 
17 the
grounds of a place of worship, immediately prior to, 
18 during or immediately
following worship services. For 
19 purposes of this subparagraph, "place of
worship" shall 
20 mean any church, synagogue or other building, structure or

21 place used primarily for religious worship;

22  (12) the defendant was convicted of a felony committed 
23 while he was
released on bail or his own recognizance 
24 pending trial for a prior felony
and was convicted of such 
25 prior felony, or the defendant was convicted of a
felony 
26 committed while he was serving a period of probation,

 
 
HB3818- 240 -LRB101 11428 SLF 57060 b


1 conditional discharge, or mandatory supervised release 
2 under subsection (d)
of Section 5-8-1
for a prior felony;

3  (13) the defendant committed or attempted to commit a 
4 felony while he
was wearing a bulletproof vest. For the 
5 purposes of this paragraph (13), a
bulletproof vest is any 
6 device which is designed for the purpose of
protecting the 
7 wearer from bullets, shot or other lethal projectiles;

8  (14) the defendant held a position of trust or 
9 supervision such as, but
not limited to, family member as 
10 defined in Section 11-0.1 of the Criminal Code
of 2012, 
11 teacher, scout leader, baby sitter, or day care worker, in

12 relation to a victim under 18 years of age, and the 
13 defendant committed an
offense in violation of Section 
14 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
15 11-14.4 except for an offense that involves keeping a place 
16 of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

17 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 
18 or 12-16 of the Criminal Code of 1961 or the Criminal Code 
19 of 2012
against
that victim;

20  (15) the defendant committed an offense related to the 
21 activities of an
organized gang. For the purposes of this 
22 factor, "organized gang" has the
meaning ascribed to it in 
23 Section 10 of the Streetgang Terrorism Omnibus
Prevention 
24 Act;

25  (16) the defendant committed an offense in violation of 
26 one of the
following Sections while in a school, regardless 
 
 
HB3818- 241 -LRB101 11428 SLF 57060 b


1 of the time of day or time of
year; on any conveyance 
2 owned, leased, or contracted by a school to transport

3 students to or from school or a school related activity; on 
4 the real property
of a school; or on a public way within 
5 1,000 feet of the real property
comprising any school: 
6 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
7 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

8 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 
9 12-6, 12-6.1, 12-6.5, 12-13,
12-14, 12-14.1, 12-15, 12-16, 
10 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
11 (a)(4) or (g)(1), of the Criminal Code of
1961 or the 
12 Criminal Code of 2012;

13  (16.5) the defendant committed an offense in violation 
14 of one of the
following Sections while in a day care 
15 center, regardless of the time of day or
time of year; on 
16 the real property of a day care center, regardless of the 
17 time
of day or time of year; or on a public
way within 
18 1,000 feet of the real property comprising any day care 
19 center,
regardless of the time of day or time of year:

20 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
21 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 
22 11-19.1, 11-19.2, 12-2,
12-4, 12-4.1, 12-4.2, 12-4.3, 
23 12-6,
12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
24 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
25 (a)(4) or (g)(1), of the Criminal
Code of 1961 or the 
26 Criminal Code of 2012;

 
 
HB3818- 242 -LRB101 11428 SLF 57060 b


1  (17) the defendant committed the offense by reason of 
2 any person's
activity as a community policing volunteer or 
3 to prevent any person from
engaging in activity as a 
4 community policing volunteer. For the purpose of
this 
5 Section, "community policing volunteer" has the meaning 
6 ascribed to it in
Section 2-3.5 of the Criminal Code of 
7 2012;

8  (18) the defendant committed the offense in a nursing 
9 home or on the
real
property comprising a nursing home. For 
10 the purposes of this paragraph (18),
"nursing home" means a 
11 skilled nursing
or intermediate long term care facility 
12 that is subject to license by the
Illinois Department of 
13 Public Health under the Nursing Home Care
Act, the 
14 Specialized Mental Health Rehabilitation Act of 2013, the 
15 ID/DD Community Care Act, or the MC/DD Act;

16  (19) the defendant was a federally licensed firearm 
17 dealer
and
was
previously convicted of a violation of 
18 subsection (a) of Section 3 of the
Firearm Owners 
19 Identification Card Act before its repeal by this 
20 amendatory Act of the 101st General Assembly and has now 
21 committed either a felony
violation
of the Firearm Owners 
22 Identification Card Act or an act of armed violence while

23 armed
with a firearm;
24  (20) the defendant (i) committed the offense of 
25 reckless homicide under Section 9-3 of the Criminal Code of 
26 1961 or the Criminal Code of 2012 or the offense of driving 
 
 
HB3818- 243 -LRB101 11428 SLF 57060 b


1 under the influence of alcohol, other drug or
drugs, 
2 intoxicating compound or compounds or any combination 
3 thereof under Section 11-501 of the Illinois Vehicle Code 
4 or a similar provision of a local ordinance and (ii) was 
5 operating a motor vehicle in excess of 20 miles per hour 
6 over the posted speed limit as provided in Article VI of 
7 Chapter 11 of the Illinois Vehicle Code;


8  (21) the defendant (i) committed the offense of 
9 reckless driving or aggravated reckless driving under 
10 Section 11-503 of the Illinois Vehicle Code 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  (22) the defendant committed the offense against a 
15 person that the defendant knew, or reasonably should have 
16 known, was a member of the Armed Forces of the United 
17 States serving on active duty. For purposes of this clause 
18 (22), the term "Armed Forces" means any of the Armed Forces 
19 of the United States, including a member of any reserve 
20 component thereof or National Guard unit called to active 
21 duty;

22  (23)
the defendant committed the offense against a 
23 person who was elderly or infirm or who was a person with a 
24 disability by taking advantage of a family or fiduciary 
25 relationship with the elderly or infirm person or person 
26 with a disability;

 
 
HB3818- 244 -LRB101 11428 SLF 57060 b


1  (24)
the defendant committed any offense under Section 
2 11-20.1 of the Criminal Code of 1961 or the Criminal Code 
3 of 2012 and possessed 100 or more images;

4  (25) the defendant committed the offense while the 
5 defendant or the victim was in a train, bus, or other 
6 vehicle used for public transportation;
7  (26) the defendant committed the offense of child 
8 pornography or aggravated child pornography, specifically 
9 including paragraph (1), (2), (3), (4), (5), or (7) of 
10 subsection (a) of Section 11-20.1 of the Criminal Code of 
11 1961 or the Criminal Code of 2012 where a child engaged in, 
12 solicited for, depicted in, or posed in any act of sexual 
13 penetration or bound, fettered, or subject to sadistic, 
14 masochistic, or sadomasochistic abuse in a sexual context 
15 and specifically including paragraph (1), (2), (3), (4), 
16 (5), or (7) of subsection (a) of Section 11-20.1B or 
17 Section 11-20.3 of the Criminal Code of 1961 where a child 
18 engaged in, solicited for, depicted in, or posed in any act 
19 of sexual penetration or bound, fettered, or subject to 
20 sadistic, masochistic, or sadomasochistic abuse in a 
21 sexual context;
22  (27) the defendant committed the offense of first 
23 degree murder, assault, aggravated assault, battery, 
24 aggravated battery, robbery, armed robbery, or aggravated 
25 robbery against a person who was a veteran and the 
26 defendant knew, or reasonably should have known, that the 
 
 
HB3818- 245 -LRB101 11428 SLF 57060 b


1 person was a veteran performing duties as a representative 
2 of a veterans' organization. For the purposes of this 
3 paragraph (27), "veteran" means an Illinois resident who 
4 has served as a member of the United States Armed Forces, a 
5 member of the Illinois National Guard, or a member of the 
6 United States Reserve Forces; and "veterans' organization" 
7 means an organization comprised of members of
which 
8 substantially all are individuals who are veterans or 
9 spouses,
widows, or widowers of veterans, the primary 
10 purpose of which is to
promote the welfare of its members 
11 and to provide assistance to the general
public in such a 
12 way as to confer a public benefit; 
13  (28) the defendant committed the offense of assault, 
14 aggravated assault, battery, aggravated battery, robbery, 
15 armed robbery, or aggravated robbery against a person that 
16 the defendant knew or reasonably should have known was a 
17 letter carrier or postal worker while that person was 
18 performing his or her duties delivering mail for the United 
19 States Postal Service;
20  (29) the defendant committed the offense of criminal 
21 sexual assault, aggravated criminal sexual assault, 
22 criminal sexual abuse, or aggravated criminal sexual abuse 
23 against a victim with an intellectual disability, and the 
24 defendant holds a position of trust, authority, or 
25 supervision in relation to the victim;
26  (30) the defendant committed the offense of promoting 
 
 
HB3818- 246 -LRB101 11428 SLF 57060 b


1 juvenile prostitution, patronizing a prostitute, or 
2 patronizing a minor engaged in prostitution and at the time 
3 of the commission of the offense knew that the prostitute 
4 or minor engaged in prostitution was in the custody or 
5 guardianship of the Department of Children and Family 
6 Services; or
7  (31) the defendant (i) committed the offense of driving 
8 while under the influence of alcohol, other drug or drugs, 
9 intoxicating compound or compounds or any combination 
10 thereof in violation of Section 11-501 of the Illinois 
11 Vehicle Code or a similar provision of a local ordinance 
12 and (ii) the defendant during the commission of the offense 
13 was driving his or her vehicle upon a roadway designated 
14 for one-way traffic in the opposite direction of the 
15 direction indicated by official traffic control devices. 
16 For the purposes of this Section:

17 "School" is defined as a public or private
elementary or 
18secondary school, community college, college, or university.

19 "Day care center" means a public or private State certified 
20and
licensed day care center as defined in Section 2.09 of the 
21Child Care Act of
1969 that displays a sign in plain view 
22stating that the
property is a day care center.

23 "Intellectual disability" means significantly subaverage 
24intellectual functioning which exists concurrently
with 
25impairment in adaptive behavior. 
26 "Public transportation" means the transportation
or 
 
 
HB3818- 247 -LRB101 11428 SLF 57060 b


1conveyance of persons by means available to the general public, 
2and includes paratransit services.
3 "Traffic control devices" means all signs, signals, 
4markings, and devices that conform to the Illinois Manual on 
5Uniform Traffic Control Devices, placed or erected by authority 
6of a public body or official having jurisdiction, for the 
7purpose of regulating, warning, or guiding traffic. 
8 (b) The following factors, related to all felonies, may be 
9considered by the court as
reasons to impose an extended term 
10sentence under Section 5-8-2
upon any offender:

11  (1) When a defendant is convicted of any felony, after 
12 having
been previously convicted in Illinois or any other 
13 jurisdiction of the
same or similar class felony or greater 
14 class felony, when such conviction
has occurred within 10 
15 years after the
previous conviction, excluding time spent 
16 in custody, and such charges are
separately brought and 
17 tried and arise out of different series of acts; or

18  (2) When a defendant is convicted of any felony and the 
19 court
finds that the offense was accompanied by 
20 exceptionally brutal
or heinous behavior indicative of 
21 wanton cruelty; or

22  (3) When a defendant is convicted of any felony 
23 committed against:

24   (i) a person under 12 years of age at the time of 
25 the offense or such
person's property;

26   (ii) a person 60 years of age or older at the time 
 
 
HB3818- 248 -LRB101 11428 SLF 57060 b


1 of the offense or
such person's property; or

2   (iii) a person who had a physical disability at the 
3 time of the offense or
such person's property; or

4  (4) When a defendant is convicted of any felony and the 
5 offense
involved any of the following types of specific 
6 misconduct committed as
part of a ceremony, rite, 
7 initiation, observance, performance, practice or
activity 
8 of any actual or ostensible religious, fraternal, or social 
9 group:

10   (i) the brutalizing or torturing of humans or 
11 animals;

12   (ii) the theft of human corpses;

13   (iii) the kidnapping of humans;

14   (iv) the desecration of any cemetery, religious, 
15 fraternal, business,
governmental, educational, or 
16 other building or property; or

17   (v) ritualized abuse of a child; or

18  (5) When a defendant is convicted of a felony other 
19 than conspiracy and
the court finds that
the felony was 
20 committed under an agreement with 2 or more other persons

21 to commit that offense and the defendant, with respect to 
22 the other
individuals, occupied a position of organizer, 
23 supervisor, financier, or any
other position of management 
24 or leadership, and the court further finds that
the felony 
25 committed was related to or in furtherance of the criminal

26 activities of an organized gang or was motivated by the 
 
 
HB3818- 249 -LRB101 11428 SLF 57060 b


1 defendant's leadership
in an organized gang; or

2  (6) When a defendant is convicted of an offense 
3 committed while using a firearm with a
laser sight attached 
4 to it. For purposes of this paragraph, "laser sight"
has 
5 the meaning ascribed to it in Section 26-7 of the Criminal 
6 Code of
2012; or

7  (7) When a defendant who was at least 17 years of age 
8 at the
time of
the commission of the offense is convicted 
9 of a felony and has been previously
adjudicated a 
10 delinquent minor under the Juvenile Court Act of 1987 for 
11 an act
that if committed by an adult would be a Class X or 
12 Class 1 felony when the
conviction has occurred within 10 
13 years after the previous adjudication,
excluding time 
14 spent in custody; or

15  (8) When a defendant commits any felony and the 
16 defendant used, possessed, exercised control over, or 
17 otherwise directed an animal to assault a law enforcement 
18 officer engaged in the execution of his or her official 
19 duties or in furtherance of the criminal activities of an 
20 organized gang in which the defendant is engaged; or


21  (9) When a defendant commits any felony and the 
22 defendant knowingly video or audio records the offense with 
23 the intent to disseminate the recording. 
24 (c) The following factors may be considered by the court as 
25reasons to impose an extended term sentence under Section 5-8-2 
26(730 ILCS 5/5-8-2) upon any offender for the listed offenses:
 
 
HB3818- 250 -LRB101 11428 SLF 57060 b


1  (1) When a defendant is convicted of first degree 
2 murder, after having been previously convicted in Illinois 
3 of any offense listed under paragraph (c)(2) of Section 
4 5-5-3 (730 ILCS 5/5-5-3), when that conviction has occurred 
5 within 10 years after the previous conviction, excluding 
6 time spent in custody, and the charges are separately 
7 brought and tried and arise out of different series of 
8 acts.
9  (1.5) When a defendant is convicted of first degree 
10 murder, after having been previously convicted of domestic 
11 battery (720 ILCS 5/12-3.2) or aggravated domestic battery 
12 (720 ILCS 5/12-3.3) committed on the same victim or after 
13 having been previously convicted of violation of an order 
14 of protection (720 ILCS 5/12-30) in which the same victim 
15 was the protected person. 
16  (2) When a defendant is convicted of voluntary 
17 manslaughter, second degree murder, involuntary 
18 manslaughter, or reckless homicide in which the defendant 
19 has been convicted of causing the death of more than one 
20 individual.
21  (3) When a defendant is convicted of aggravated 
22 criminal sexual assault or criminal sexual assault, when 
23 there is a finding that aggravated criminal sexual assault 
24 or criminal sexual assault was also committed on the same 
25 victim by one or more other individuals, and the defendant 
26 voluntarily participated in the crime with the knowledge of 
 
 
HB3818- 251 -LRB101 11428 SLF 57060 b


1 the participation of the others in the crime, and the 
2 commission of the crime was part of a single course of 
3 conduct during which there was no substantial change in the 
4 nature of the criminal objective.
5  (4) If the victim was under 18 years of age at the time 
6 of the commission of the offense, when a defendant is 
7 convicted of aggravated criminal sexual assault or 
8 predatory criminal sexual assault of a child under 
9 subsection (a)(1) of Section 11-1.40 or subsection (a)(1) 
10 of Section 12-14.1 of the Criminal Code of 1961 or the 
11 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
12  (5) When a defendant is convicted of a felony violation 
13 of Section 24-1 of the Criminal Code of 1961 or the 
14 Criminal Code of 2012 (720 ILCS 5/24-1) and there is a 
15 finding that the defendant is a member of an organized 
16 gang.
17  (6) When a defendant was convicted of unlawful use of 
18 weapons under Section 24-1 of the Criminal Code of 1961 or 
19 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing 
20 a weapon that is not readily distinguishable as one of the 
21 weapons enumerated in Section 24-1 of the Criminal Code of 
22 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
23  (7) When a defendant is convicted of an offense 
24 involving the illegal manufacture of a controlled 
25 substance under Section 401 of the Illinois Controlled 
26 Substances Act (720 ILCS 570/401), the illegal manufacture 
 
 
HB3818- 252 -LRB101 11428 SLF 57060 b


1 of methamphetamine under Section 25 of the Methamphetamine 
2 Control and Community Protection Act (720 ILCS 646/25), or 
3 the illegal possession of explosives and an emergency 
4 response officer in the performance of his or her duties is 
5 killed or injured at the scene of the offense while 
6 responding to the emergency caused by the commission of the 
7 offense. In this paragraph, "emergency" means a situation 
8 in which a person's life, health, or safety is in jeopardy; 
9 and "emergency response officer" means a peace officer, 
10 community policing volunteer, fireman, emergency medical 
11 technician-ambulance, emergency medical 
12 technician-intermediate, emergency medical 
13 technician-paramedic, ambulance driver, other medical 
14 assistance or first aid personnel, or hospital emergency 
15 room personnel.

16  (8) When the defendant is convicted of attempted mob 
17 action, solicitation to commit mob action, or conspiracy to 
18 commit mob action under Section 8-1, 8-2, or 8-4 of the 
19 Criminal Code of 2012, where the criminal object is a 
20 violation of Section 25-1 of the Criminal Code of 2012, and 
21 an electronic communication is used in the commission of 
22 the offense. For the purposes of this paragraph (8), 
23 "electronic communication" shall have the meaning provided 
24 in Section 26.5-0.1 of the Criminal Code of 2012. 
25 (d) For the purposes of this Section, "organized gang" has 
26the meaning
ascribed to it in Section 10 of the Illinois 
 
 
HB3818- 253 -LRB101 11428 SLF 57060 b


1Streetgang Terrorism Omnibus
Prevention Act.

2 (e) The court may impose an extended term sentence under 
3Article 4.5 of Chapter V upon an offender who has been 
4convicted of a felony violation of Section 11-1.20, 11-1.30, 
511-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
612-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
7when the victim of the offense is under 18 years of age at the 
8time of the commission of the offense and, during the 
9commission of the offense, the victim was under the influence 
10of alcohol, regardless of whether or not the alcohol was 
11supplied by the offender; and the offender, at the time of the 
12commission of the offense, knew or should have known that the 
13victim had consumed alcohol. 
14(Source: P.A. 99-77, eff. 1-1-16; 99-143, eff. 7-27-15; 99-180, 
15eff. 7-29-15; 99-283, eff. 1-1-16; 99-347, eff. 1-1-16; 99-642, 
16eff. 7-28-16; 100-1053, eff. 1-1-19.)

17 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
18 (Text of Section after amendment by P.A. 100-987)
19 Sec. 5-6-3. Conditions of probation and of conditional 
20discharge.

21 (a) The conditions of probation and of conditional 
22discharge shall be
that the person:


23  (1) not violate any criminal statute of any 
24 jurisdiction;


25  (2) report to or appear in person before such person or 
 
 
HB3818- 254 -LRB101 11428 SLF 57060 b


1 agency as
directed by the court;


2  (3) refrain from possessing a firearm or other 
3 dangerous weapon where the offense is a felony or, if a 
4 misdemeanor, the offense involved the intentional or 
5 knowing infliction of bodily harm or threat of bodily harm;


6  (4) not leave the State without the consent of the 
7 court or, in
circumstances in which the reason for the 
8 absence is of such an emergency
nature that prior consent 
9 by the court is not possible, without the prior

10 notification and approval of the person's probation

11 officer. Transfer of a person's probation or conditional 
12 discharge
supervision to another state is subject to 
13 acceptance by the other state
pursuant to the Interstate 
14 Compact for Adult Offender Supervision;


15  (5) permit the probation officer to visit
him at his 
16 home or elsewhere
to the extent necessary to discharge his 
17 duties;


18  (6) perform no less than 30 hours of community service 
19 and not more than
120 hours of community service, if 
20 community service is available in the
jurisdiction and is 
21 funded and approved by the county board where the offense

22 was committed, where the offense was related to or in 
23 furtherance of the
criminal activities of an organized gang 
24 and was motivated by the offender's
membership in or 
25 allegiance to an organized gang. The community service 
26 shall
include, but not be limited to, the cleanup and 
 
 
HB3818- 255 -LRB101 11428 SLF 57060 b


1 repair of any damage caused by
a violation of Section 
2 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 
3 2012 and similar damage
to property located within the 
4 municipality or county in which the violation
occurred. 
5 When possible and reasonable, the community service should 
6 be
performed in the offender's neighborhood. For purposes 
7 of this Section,
"organized gang" has the meaning ascribed 
8 to it in Section 10 of the Illinois
Streetgang Terrorism 
9 Omnibus Prevention Act. The court may give credit toward 
10 the fulfillment of community service hours for 
11 participation in activities and treatment as determined by 
12 court services;


13  (7) if he or she is at least 17 years of age and has 
14 been sentenced to
probation or conditional discharge for a 
15 misdemeanor or felony in a county of
3,000,000 or more 
16 inhabitants and has not been previously convicted of a

17 misdemeanor or felony, may be required by the sentencing 
18 court to attend
educational courses designed to prepare the 
19 defendant for a high school diploma
and to work toward a 
20 high school diploma or to work toward passing high school 
21 equivalency testing or to work toward
completing a 
22 vocational training program approved by the court. The 
23 person on
probation or conditional discharge must attend a 
24 public institution of
education to obtain the educational 
25 or vocational training required by this paragraph
(7). The 
26 court shall revoke the probation or conditional discharge 
 
 
HB3818- 256 -LRB101 11428 SLF 57060 b


1 of a
person who wilfully fails to comply with this 
2 paragraph (7). The person on
probation or conditional 
3 discharge shall be required to pay for the cost of the

4 educational courses or high school equivalency testing if a 
5 fee is charged for those courses or testing. The court 
6 shall resentence the offender whose probation or 
7 conditional
discharge has been revoked as provided in 
8 Section 5-6-4. This paragraph (7) does
not apply to a 
9 person who has a high school diploma or has successfully 
10 passed high school equivalency testing. This paragraph (7) 
11 does not apply to a person who is determined by
the court 
12 to be a person with a developmental disability or otherwise 
13 mentally incapable of
completing the educational or 
14 vocational program;


15  (8) if convicted of possession of a substance 
16 prohibited
by the Cannabis Control Act, the Illinois 
17 Controlled Substances Act, or the Methamphetamine Control 
18 and Community Protection Act
after a previous conviction or 
19 disposition of supervision for possession of a
substance 
20 prohibited by the Cannabis Control Act or Illinois 
21 Controlled
Substances Act or after a sentence of probation 
22 under Section 10 of the
Cannabis
Control Act, Section 410 
23 of the Illinois Controlled Substances Act, or Section 70 of 
24 the Methamphetamine Control and Community Protection Act 
25 and upon a
finding by the court that the person is 
26 addicted, undergo treatment at a
substance abuse program 
 
 
HB3818- 257 -LRB101 11428 SLF 57060 b


1 approved by the court;


2  (8.5) if convicted of a felony sex offense as defined 
3 in the Sex
Offender
Management Board Act, the person shall 
4 undergo and successfully complete sex
offender treatment 
5 by a treatment provider approved by the Board and conducted

6 in conformance with the standards developed under the Sex

7 Offender Management Board Act;

8  (8.6) if convicted of a sex offense as defined in the 
9 Sex Offender Management Board Act, refrain from residing at 
10 the same address or in the same condominium unit or 
11 apartment unit or in the same condominium complex or 
12 apartment complex with another person he or she knows or 
13 reasonably should know is a convicted sex offender or has 
14 been placed on supervision for a sex offense; the 
15 provisions of this paragraph do not apply to a person 
16 convicted of a sex offense who is placed in a Department of 
17 Corrections licensed transitional housing facility for sex 
18 offenders;
19  (8.7) if convicted for an offense committed on or after 
20 June 1, 2008 (the effective date of Public Act 95-464) that 
21 would qualify the accused as a child sex offender as 
22 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
23 1961 or the Criminal Code of 2012, refrain from 
24 communicating with or contacting, by means of the Internet, 
25 a person who is not related to the accused and whom the 
26 accused reasonably believes to be under 18 years of age; 
 
 
HB3818- 258 -LRB101 11428 SLF 57060 b


1 for purposes of this paragraph (8.7), "Internet" has the 
2 meaning ascribed to it in Section 16-0.1 of the Criminal 
3 Code of 2012; and a person is not related to the accused if 
4 the person is not: (i) the spouse, brother, or sister of 
5 the accused; (ii) a descendant of the accused; (iii) a 
6 first or second cousin of the accused; or (iv) a step-child 
7 or adopted child of the accused;
8  (8.8) if convicted for an offense under Section 11-6, 
9 11-9.1, 11-14.4 that involves soliciting for a juvenile 
10 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
11 of the Criminal Code of 1961 or the Criminal Code of 2012, 
12 or any attempt to commit any of these offenses, committed 
13 on or after June 1, 2009 (the effective date of Public Act 
14 95-983):
15   (i) not access or use a computer or any other 
16 device with Internet capability without the prior 
17 written approval of the offender's probation officer, 
18 except in connection with the offender's employment or 
19 search for employment with the prior approval of the 
20 offender's probation officer;
21   (ii) submit to periodic unannounced examinations 
22 of the offender's computer or any other device with 
23 Internet capability by the offender's probation 
24 officer, a law enforcement officer, or assigned 
25 computer or information technology specialist, 
26 including the retrieval and copying of all data from 
 
 
HB3818- 259 -LRB101 11428 SLF 57060 b


1 the computer or device and any internal or external 
2 peripherals and removal of such information, 
3 equipment, or device to conduct a more thorough 
4 inspection;
5   (iii) submit to the installation on the offender's 
6 computer or device with Internet capability, at the 
7 offender's expense, of one or more hardware or software 
8 systems to monitor the Internet use; and
9   (iv) submit to any other appropriate restrictions 
10 concerning the offender's use of or access to a 
11 computer or any other device with Internet capability 
12 imposed by the offender's probation officer; 
13  (8.9) if convicted of a sex offense as defined in the 
14 Sex Offender
Registration Act committed on or after January 
15 1, 2010 (the effective date of Public Act 96-262), refrain 
16 from accessing or using a social networking website as 
17 defined in Section 17-0.5 of the Criminal Code of 2012;

18  (9) if convicted of a felony or of any misdemeanor 
19 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
20 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 
21 2012 that was determined, pursuant to Section 112A-11.1 of 
22 the Code of Criminal Procedure of 1963, to trigger the 
23 prohibitions of 18 U.S.C. 922(g)(9), physically surrender 
24 at a time and place
designated by the court, his or her 
25 Firearm
Owner's Identification Card and
any and all 
26 firearms in
his or her possession. The Court shall return 
 
 
HB3818- 260 -LRB101 11428 SLF 57060 b


1 to the Department of State Police Firearm Owner's 
2 Identification Card Office the person's Firearm Owner's 
3 Identification Card;


4  (10) if convicted of a sex offense as defined in 
5 subsection (a-5) of Section 3-1-2 of this Code, unless the 
6 offender is a parent or guardian of the person under 18 
7 years of age present in the home and no non-familial minors 
8 are present, not participate in a holiday event involving 
9 children under 18 years of age, such as distributing candy 
10 or other items to children on Halloween, wearing a Santa 
11 Claus costume on or preceding Christmas, being employed as 
12 a department store Santa Claus, or wearing an Easter Bunny 
13 costume on or preceding Easter; 
14  (11) if convicted of a sex offense as defined in 
15 Section 2 of the Sex Offender Registration Act committed on 
16 or after January 1, 2010 (the effective date of Public Act 
17 96-362) that requires the person to register as a sex 
18 offender under that Act, may not knowingly use any computer 
19 scrub software on any computer that the sex offender uses; 
20  (12) if convicted of a violation of the Methamphetamine 
21 Control and Community Protection Act, the Methamphetamine

22 Precursor Control Act, or a methamphetamine related 
23 offense:
24   (A) prohibited from purchasing, possessing, or 
25 having under his or her control any product containing 
26 pseudoephedrine unless prescribed by a physician; and
 
 
HB3818- 261 -LRB101 11428 SLF 57060 b


1   (B) prohibited from purchasing, possessing, or 
2 having under his or her control any product containing 
3 ammonium nitrate; and
4  (13) if convicted of a hate crime involving the 
5 protected class identified in subsection (a) of Section 
6 12-7.1 of the Criminal Code of 2012 that gave rise to the 
7 offense the offender committed, perform public or 
8 community service of no less than 200 hours and enroll in 
9 an educational program discouraging hate crimes that 
10 includes racial, ethnic, and cultural sensitivity training 
11 ordered by the court. 
12 (b) The Court may in addition to other reasonable 
13conditions relating to the
nature of the offense or the 
14rehabilitation of the defendant as determined for
each 
15defendant in the proper discretion of the Court require that 
16the person:


17  (1) serve a term of periodic imprisonment under Article 
18 7 for a
period not to exceed that specified in paragraph 
19 (d) of Section 5-7-1;


20  (2) pay a fine and costs;


21  (3) work or pursue a course of study or vocational 
22 training;


23  (4) undergo medical, psychological or psychiatric 
24 treatment; or treatment
for drug addiction or alcoholism;


25  (5) attend or reside in a facility established for the 
26 instruction
or residence of defendants on probation;


 
 
HB3818- 262 -LRB101 11428 SLF 57060 b


1  (6) support his dependents;


2  (7) and in addition, if a minor:


3   (i) reside with his parents or in a foster home;


4   (ii) attend school;


5   (iii) attend a non-residential program for youth;


6   (iv) contribute to his own support at home or in a 
7 foster home;


8   (v) with the consent of the superintendent of the

9 facility, attend an educational program at a facility 
10 other than the school
in which the
offense was 
11 committed if he
or she is convicted of a crime of 
12 violence as
defined in
Section 2 of the Crime Victims 
13 Compensation Act committed in a school, on the
real

14 property
comprising a school, or within 1,000 feet of 
15 the real property comprising a
school;


16  (8) make restitution as provided in Section 5-5-6 of 
17 this Code;


18  (9) perform some reasonable public or community 
19 service;


20  (10) serve a term of home confinement. In addition to 
21 any other
applicable condition of probation or conditional 
22 discharge, the
conditions of home confinement shall be that 
23 the offender:


24   (i) remain within the interior premises of the 
25 place designated for
his confinement during the hours 
26 designated by the court;


 
 
HB3818- 263 -LRB101 11428 SLF 57060 b


1   (ii) admit any person or agent designated by the 
2 court into the
offender's place of confinement at any 
3 time for purposes of verifying
the offender's 
4 compliance with the conditions of his confinement; and


5   (iii) if further deemed necessary by the court or 
6 the
Probation or
Court Services Department, be placed 
7 on an approved
electronic monitoring device, subject 
8 to Article 8A of Chapter V;


9   (iv) for persons convicted of any alcohol, 
10 cannabis or controlled
substance violation who are 
11 placed on an approved monitoring device as a
condition 
12 of probation or conditional discharge, the court shall 
13 impose a
reasonable fee for each day of the use of the 
14 device, as established by the
county board in 
15 subsection (g) of this Section, unless after 
16 determining the
inability of the offender to pay the 
17 fee, the court assesses a lesser fee or no
fee as the 
18 case may be. This fee shall be imposed in addition to 
19 the fees
imposed under subsections (g) and (i) of this 
20 Section. The fee shall be
collected by the clerk of the 
21 circuit court, except as provided in an administrative 
22 order of the Chief Judge of the circuit court. The 
23 clerk of the circuit
court shall pay all monies 
24 collected from this fee to the county treasurer
for 
25 deposit in the substance abuse services fund under 
26 Section 5-1086.1 of
the Counties Code, except as 
 
 
HB3818- 264 -LRB101 11428 SLF 57060 b


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


15   (v) for persons convicted of offenses other than 
16 those referenced in
clause (iv) above and who are 
17 placed on an approved monitoring device as a
condition 
18 of probation or conditional discharge, the court shall 
19 impose
a reasonable fee for each day of the use of the 
20 device, as established by the
county board in 
21 subsection (g) of this Section, unless after 
22 determining the
inability of the defendant to pay the 
23 fee, the court assesses a lesser fee or
no fee as the 
24 case may be. This fee shall be imposed in addition to 
25 the fees
imposed under subsections (g) and (i) of this 
26 Section. The fee
shall be collected by the clerk of the 
 
 
HB3818- 265 -LRB101 11428 SLF 57060 b


1 circuit court, except as provided in an administrative 
2 order of the Chief Judge of the circuit court. The 
3 clerk of the circuit
court shall pay all monies 
4 collected from this fee
to the county treasurer who 
5 shall use the monies collected to defray the
costs of 
6 corrections. The county treasurer shall deposit the 
7 fee
collected in the probation and court services fund.

8 The Chief Judge of the circuit court of the county may 
9 by administrative order establish a program for 
10 electronic monitoring of offenders, in which a vendor 
11 supplies and monitors the operation of the electronic 
12 monitoring device, and collects the fees on behalf of 
13 the county. The program shall include provisions for 
14 indigent offenders and the collection of unpaid fees. 
15 The program shall not unduly burden the offender and 
16 shall be subject to review by the Chief Judge. 

17   The Chief Judge of the circuit court may suspend 
18 any additional charges or fees for late payment, 
19 interest, or damage to any device. 
20  (11) comply with the terms and conditions of an order 
21 of protection issued
by the court pursuant to the Illinois 
22 Domestic Violence Act of 1986,
as now or hereafter amended, 
23 or an order of protection issued by the court of
another 
24 state, tribe, or United States territory. A copy of the 
25 order of
protection shall be
transmitted to the probation 
26 officer or agency
having responsibility for the case;


 
 
HB3818- 266 -LRB101 11428 SLF 57060 b


1  (12) reimburse any "local anti-crime program" as 
2 defined in Section 7
of the Anti-Crime Advisory Council Act 
3 for any reasonable expenses incurred
by the program on the 
4 offender's case, not to exceed the maximum amount of
the 
5 fine authorized for the offense for which the defendant was 
6 sentenced;


7  (13) contribute a reasonable sum of money, not to 
8 exceed the maximum
amount of the fine authorized for the

9 offense for which the defendant was sentenced, (i) to a 
10 "local anti-crime
program", as defined in Section 7 of the 
11 Anti-Crime Advisory Council Act, or (ii) for offenses under 
12 the jurisdiction of the Department of Natural Resources, to 
13 the fund established by the Department of Natural Resources 
14 for the purchase of evidence for investigation purposes and 
15 to conduct investigations as outlined in Section 805-105 of 
16 the Department of Natural Resources (Conservation) Law;


17  (14) refrain from entering into a designated 
18 geographic area except upon
such terms as the court finds 
19 appropriate. Such terms may include
consideration of the 
20 purpose of the entry, the time of day, other persons

21 accompanying the defendant, and advance approval by a

22 probation officer, if
the defendant has been placed on 
23 probation or advance approval by the
court, if the 
24 defendant was placed on conditional discharge;


25  (15) refrain from having any contact, directly or 
26 indirectly, with
certain specified persons or particular 
 
 
HB3818- 267 -LRB101 11428 SLF 57060 b


1 types of persons, including but not
limited to members of 
2 street gangs and drug users or dealers;


3  (16) refrain from having in his or her body the 
4 presence of any illicit
drug prohibited by the Cannabis 
5 Control Act, the Illinois Controlled
Substances Act, or the 
6 Methamphetamine Control and Community Protection Act, 
7 unless prescribed by a physician, and submit samples of
his 
8 or her blood or urine or both for tests to determine the 
9 presence of any
illicit drug;

10  (17) if convicted for an offense committed on or after 
11 June 1, 2008 (the effective date of Public Act 95-464) that 
12 would qualify the accused as a child sex offender as 
13 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of 
14 1961 or the Criminal Code of 2012, refrain from 
15 communicating with or contacting, by means of the Internet, 
16 a person who is related to the accused and whom the accused 
17 reasonably believes to be under 18 years of age; for 
18 purposes of this paragraph (17), "Internet" has the meaning 
19 ascribed to it in Section 16-0.1 of the Criminal Code of 
20 2012; and a person is related to the accused if the person 
21 is: (i) the spouse, brother, or sister of the accused; (ii) 
22 a descendant of the accused; (iii) a first or second cousin 
23 of the accused; or (iv) a step-child or adopted child of 
24 the accused;
25  (18) if convicted for an offense committed on or after 
26 June 1, 2009 (the effective date of Public Act 95-983) that 
 
 
HB3818- 268 -LRB101 11428 SLF 57060 b


1 would qualify as a sex offense as defined in the Sex 
2 Offender Registration Act:
3   (i) not access or use a computer or any other 
4 device with Internet capability without the prior 
5 written approval of the offender's probation officer, 
6 except in connection with the offender's employment or 
7 search for employment with the prior approval of the 
8 offender's probation officer;
9   (ii) submit to periodic unannounced examinations 
10 of the offender's computer or any other device with 
11 Internet capability by the offender's probation 
12 officer, a law enforcement officer, or assigned 
13 computer or information technology specialist, 
14 including the retrieval and copying of all data from 
15 the computer or device and any internal or external 
16 peripherals and removal of such information, 
17 equipment, or device to conduct a more thorough 
18 inspection;
19   (iii) submit to the installation on the offender's 
20 computer or device with Internet capability, at the 
21 subject's expense, of one or more hardware or software 
22 systems to monitor the Internet use; and
23   (iv) submit to any other appropriate restrictions 
24 concerning the offender's use of or access to a 
25 computer or any other device with Internet capability 
26 imposed by the offender's probation officer; and 
 
 
HB3818- 269 -LRB101 11428 SLF 57060 b


1  (19) refrain from possessing a firearm or other 
2 dangerous weapon where the offense is a misdemeanor that 
3 did not involve the intentional or knowing infliction of 
4 bodily harm or threat of bodily harm. 
5 (c) The court may as a condition of probation or of 
6conditional
discharge require that a person under 18 years of 
7age found guilty of any
alcohol, cannabis or controlled 
8substance violation, refrain from acquiring
a driver's license 
9during
the period of probation or conditional discharge. If 
10such person
is in possession of a permit or license, the court 
11may require that
the minor refrain from driving or operating 
12any motor vehicle during the
period of probation or conditional 
13discharge, except as may be necessary in
the course of the 
14minor's lawful employment.


15 (d) An offender sentenced to probation or to conditional 
16discharge
shall be given a certificate setting forth the 
17conditions thereof.


18 (e) Except where the offender has committed a fourth or 
19subsequent
violation of subsection (c) of Section 6-303 of the 
20Illinois Vehicle Code,
the court shall not require as a 
21condition of the sentence of
probation or conditional discharge 
22that the offender be committed to a
period of imprisonment in 
23excess of 6 months.
This 6-month limit shall not include 
24periods of confinement given pursuant to
a sentence of county 
25impact incarceration under Section 5-8-1.2.

26 Persons committed to imprisonment as a condition of 
 
 
HB3818- 270 -LRB101 11428 SLF 57060 b


1probation or
conditional discharge shall not be committed to 
2the Department of
Corrections.


3 (f) The court may combine a sentence of periodic 
4imprisonment under
Article 7 or a sentence to a county impact 
5incarceration program under
Article 8 with a sentence of 
6probation or conditional discharge.


7 (g) An offender sentenced to probation or to conditional 
8discharge and
who during the term of either undergoes mandatory 
9drug or alcohol testing,
or both, or is assigned to be placed 
10on an approved electronic monitoring
device, shall be ordered 
11to pay all costs incidental to such mandatory drug
or alcohol 
12testing, or both, and all costs
incidental to such approved 
13electronic monitoring in accordance with the
defendant's 
14ability to pay those costs. The county board with
the 
15concurrence of the Chief Judge of the judicial
circuit in which 
16the county is located shall establish reasonable fees for
the 
17cost of maintenance, testing, and incidental expenses related 
18to the
mandatory drug or alcohol testing, or both, and all 
19costs incidental to
approved electronic monitoring, involved 
20in a successful probation program
for the county. The 
21concurrence of the Chief Judge shall be in the form of
an 
22administrative order.
The fees shall be collected by the clerk 
23of the circuit court, except as provided in an administrative 
24order of the Chief Judge of the circuit court. The clerk of
the 
25circuit court shall pay all moneys collected from these fees to 
26the county
treasurer who shall use the moneys collected to 
 
 
HB3818- 271 -LRB101 11428 SLF 57060 b


1defray the costs of
drug testing, alcohol testing, and 
2electronic monitoring.
The county treasurer shall deposit the 
3fees collected in the
county working cash fund under Section 
46-27001 or Section 6-29002 of the
Counties Code, as the case 
5may be.
The Chief Judge of the circuit court of the county may 
6by administrative order establish a program for electronic 
7monitoring of offenders, in which a vendor supplies and 
8monitors the operation of the electronic monitoring device, and 
9collects the fees on behalf of the county. The program shall 
10include provisions for indigent offenders and the collection of 
11unpaid fees. The program shall not unduly burden the offender 
12and shall be subject to review by the Chief Judge. 

13 The Chief Judge of the circuit court may suspend any 
14additional charges or fees for late payment, interest, or 
15damage to any device. 
16 (h) Jurisdiction over an offender may be transferred from 
17the
sentencing court to the court of another circuit with the 
18concurrence of
both courts. Further transfers or retransfers of

19jurisdiction are also
authorized in the same manner. The court 
20to which jurisdiction has been
transferred shall have the same 
21powers as the sentencing court.
The probation department within 
22the circuit to which jurisdiction has been transferred, or 
23which has agreed to provide supervision, may impose probation 
24fees upon receiving the transferred offender, as provided in 
25subsection (i). For all transfer cases, as defined in Section 
269b of the Probation and Probation Officers Act, the probation 
 
 
HB3818- 272 -LRB101 11428 SLF 57060 b


1department from the original sentencing court shall retain all 
2probation fees collected prior to the transfer. After the 
3transfer,
all probation fees shall be paid to the probation 
4department within the
circuit to which jurisdiction has been 
5transferred.

6 (i) The court shall impose upon an offender
sentenced to 
7probation after January 1, 1989 or to conditional discharge

8after January 1, 1992 or to community service under the 
9supervision of a
probation or court services department after 
10January 1, 2004, as a condition of such probation or 
11conditional
discharge or supervised community service, a fee of 
12$50
for each month of probation or
conditional
discharge 
13supervision or supervised community service ordered by the 
14court, unless after
determining the inability of the person 
15sentenced to probation or conditional
discharge or supervised 
16community service to pay the
fee, the court assesses a lesser 
17fee. The court may not impose the fee on a
minor who is placed 
18in the guardianship or custody of the Department of Children 
19and Family Services under the Juvenile Court Act of 1987
while 
20the minor is in placement.
The fee shall be imposed only upon

21an offender who is actively supervised by the
probation and 
22court services
department. The fee shall be collected by the 
23clerk
of the circuit court. The clerk of the circuit court 
24shall pay all monies
collected from this fee to the county 
25treasurer for deposit in the
probation and court services fund 
26under Section 15.1 of the
Probation and Probation Officers Act.

 
 
HB3818- 273 -LRB101 11428 SLF 57060 b


1 A circuit court may not impose a probation fee under this 
2subsection (i) in excess of $25
per month unless the circuit 
3court has adopted, by administrative
order issued by the chief 
4judge, a standard probation fee guide
determining an offender's 
5ability to pay Of the
amount collected as a probation fee, up 
6to $5 of that fee
collected per month may be used to provide 
7services to crime victims
and their families.
8 The Court may only waive probation fees based on an 
9offender's ability to pay. The probation department may 
10re-evaluate an offender's ability to pay every 6 months, and, 
11with the approval of the Director of Court Services or the 
12Chief Probation Officer, adjust the monthly fee amount. An 
13offender may elect to pay probation fees due in a lump sum.
Any 
14offender that has been assigned to the supervision of a 
15probation department, or has been transferred either under 
16subsection (h) of this Section or under any interstate compact, 
17shall be required to pay probation fees to the department 
18supervising the offender, based on the offender's ability to 
19pay.


20 Public Act 93-970 deletes the $10 increase in the fee under 
21this subsection that was imposed by Public Act 93-616. This 
22deletion is intended to control over any other Act of the 93rd 
23General Assembly that retains or incorporates that fee 
24increase.
25 (i-5) In addition to the fees imposed under subsection (i) 
26of this Section, in the case of an offender convicted of a 
 
 
HB3818- 274 -LRB101 11428 SLF 57060 b


1felony sex offense (as defined in the Sex Offender Management 
2Board Act) or an offense that the court or probation department 
3has determined to be sexually motivated (as defined in the Sex 
4Offender Management Board Act), the court or the probation 
5department shall assess additional fees to pay for all costs of 
6treatment, assessment, evaluation for risk and treatment, and 
7monitoring the offender, based on that offender's ability to 
8pay those costs either as they occur or under a payment plan.
9 (j) All fines and costs imposed under this Section for any 
10violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
11Code, or a similar
provision of a local ordinance, and any 
12violation of the Child Passenger
Protection Act, or a similar 
13provision of a local ordinance, shall be
collected and 
14disbursed by the circuit clerk as provided under the Criminal 
15and Traffic Assessment Act.


16 (k) Any offender who is sentenced to probation or 
17conditional discharge for a felony sex offense as defined in 
18the Sex Offender Management Board Act or any offense that the 
19court or probation department has determined to be sexually 
20motivated as defined in the Sex Offender Management Board Act 
21shall be required to refrain from any contact, directly or 
22indirectly, with any persons specified by the court and shall 
23be available for all evaluations and treatment programs 
24required by the court or the probation department.

25 (l) The court may order an offender who is sentenced to 
26probation or conditional
discharge for a violation of an order 
 
 
HB3818- 275 -LRB101 11428 SLF 57060 b


1of protection be placed under electronic surveillance as 
2provided in Section 5-8A-7 of this Code. 
3(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16; 
4100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff. 
51-8-18; 100-987, eff. 7-1-19.)

6 Section 100. The Stalking No Contact Order Act is amended 
7by changing Section 80 as follows:

8 (740 ILCS 21/80)

9 Sec. 80. Stalking no contact orders; remedies.
10 (a) If the court finds that the petitioner has been a 
11victim of stalking, a stalking no contact order shall issue; 
12provided that the petitioner must also satisfy the requirements 
13of Section 95 on emergency orders or Section 100 on plenary 
14orders. The petitioner shall not be denied a stalking no 
15contact order because the petitioner or the respondent is a 
16minor. The court, when determining whether or not to issue a 
17stalking no contact order, may not require physical injury on 
18the person of the petitioner. Modification and extension of 
19prior stalking no contact orders shall be in accordance with 
20this Act.
21 (b) A stalking no contact order shall order one or more of 
22the following:
23  (1) prohibit the respondent from threatening to commit 
24 or committing stalking;
 
 
HB3818- 276 -LRB101 11428 SLF 57060 b


1  (2) order the respondent not to have any contact with 
2 the petitioner or a third person specifically named by the 
3 court;
4  (3) prohibit the respondent from knowingly coming 
5 within, or knowingly remaining within a specified distance 
6 of the petitioner or the petitioner's residence, school, 
7 daycare, or place of employment, or any specified place 
8 frequented by the petitioner; however, the court may order 
9 the respondent to stay away from the respondent's own 
10 residence, school, or place of employment only if the 
11 respondent has been provided actual notice of the 
12 opportunity to appear and be heard on the petition;
13  (4) prohibit the respondent from possessing a Firearm 
14 Owners Identification Card, or possessing or buying 
15 firearms; and
16  (5) order other injunctive relief the court determines 
17 to be necessary to protect the petitioner or third party 
18 specifically named by the court.
19 (b-5) When the petitioner and the respondent attend the 
20same public, private, or non-public elementary, middle, or high 
21school, the court when issuing a stalking no contact order and 
22providing relief shall consider the severity of the act, any 
23continuing physical danger or emotional distress to the 
24petitioner, the educational rights guaranteed to the 
25petitioner and respondent under federal and State law, the 
26availability of a transfer of the respondent to another school, 
 
 
HB3818- 277 -LRB101 11428 SLF 57060 b


1a change of placement or a change of program of the respondent, 
2the expense, difficulty, and educational disruption that would 
3be caused by a transfer of the respondent to another school, 
4and any other relevant facts of the case. The court may order 
5that the respondent not attend the public, private, or 
6non-public elementary, middle, or high school attended by the 
7petitioner, order that the respondent accept a change of 
8placement or program, as determined by the school district or 
9private or non-public school, or place restrictions on the 
10respondent's movements within the school attended by the 
11petitioner.
The respondent bears the burden of proving by a 
12preponderance of the evidence that a transfer, change of 
13placement, or change of program of the respondent is not 
14available. The respondent also bears the burden of production 
15with respect to the expense, difficulty, and educational 
16disruption that would be caused by a transfer of the respondent 
17to another school. A transfer, change of placement, or change 
18of program is not unavailable to the respondent solely on the 
19ground that the respondent does not agree with the school 
20district's or private or non-public school's transfer, change 
21of placement, or change of program or solely on the ground that 
22the respondent fails or refuses to consent to or otherwise does 
23not take an action required to effectuate a transfer, change of 
24placement, or change of program.
When a court orders a 
25respondent to stay away from the public, private, or non-public 
26school attended by the petitioner and the respondent requests a 
 
 
HB3818- 278 -LRB101 11428 SLF 57060 b


1transfer to another attendance center within the respondent's 
2school district or private or non-public school, the school 
3district or private or non-public school shall have sole 
4discretion to determine the attendance center to which the 
5respondent is transferred.
In the event the court order results 
6in a transfer of the minor respondent to another attendance 
7center, a change in the respondent's placement, or a change of 
8the respondent's program, the parents, guardian, or legal 
9custodian of the respondent is responsible for transportation 
10and other costs associated with the transfer or change. 
11 (b-6) The court may order the parents, guardian, or legal 
12custodian of a minor respondent to take certain actions or to 
13refrain from taking certain actions to ensure that the 
14respondent complies with the order. In the event the court 
15orders a transfer of the respondent to another school, the 
16parents, guardian, or legal custodian of the respondent are 
17responsible for transportation and other costs associated with 
18the change of school by the respondent. 
19 (b-7) The court shall not hold a school district or private 
20or non-public school or any of its employees in civil or 
21criminal contempt unless the school district or private or 
22non-public school has been allowed to intervene.
23 (b-8) The court may hold the parents, guardian, or legal 
24custodian of a minor respondent in civil or criminal contempt 
25for a violation of any provision of any order entered under 
26this Act for conduct of the minor respondent in violation of 
 
 
HB3818- 279 -LRB101 11428 SLF 57060 b


1this Act if the
parents, guardian, or legal custodian directed, 
2encouraged, or assisted the respondent minor in such conduct. 
3 (c) The court may award the petitioner costs and attorneys 
4fees if a stalking no contact order is granted.
5 (d) Monetary damages are not recoverable as a remedy.
6 (e) If the stalking no contact order prohibits the 
7respondent from possessing a Firearm Owner's Identification 
8Card, or possessing or buying firearms; the court shall 
9confiscate the respondent's firearms Firearm Owner's 
10Identification Card and immediately return the card to the 
11Department of State Police Firearm Owner's Identification Card 
12Office.


13(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12; 
1497-1131, eff. 1-1-13.)

15 Section 105. The Mental Health and Developmental 
16Disabilities Confidentiality Act is amended by changing 
17Section 12 as follows:



18 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)


19 Sec. 12. (a) If the United States Secret Service or the 
20Department of
State Police requests information from a mental 
21health or developmental
disability facility, as defined in 
22Section 1-107 and 1-114 of the Mental
Health and Developmental 
23Disabilities Code, relating to a specific
recipient and the 
24facility director determines that disclosure of such

 
 
HB3818- 280 -LRB101 11428 SLF 57060 b


1information may be necessary to protect the life of, or to 
2prevent
the infliction of great bodily harm to, a public 
3official,
or a person under the protection of the United
States 
4Secret Service, only the following information
may be 
5disclosed: the recipient's name, address, and age and the date 
6of
any admission to or discharge from a facility; and any 
7information which
would indicate whether or not the recipient 
8has a history of violence or
presents a danger of violence to 
9the person under protection. Any information
so disclosed shall 
10be used for investigative purposes only and shall not
be 
11publicly disseminated.
Any person participating in good faith 
12in the disclosure of such
information in accordance with this 
13provision shall have immunity from any
liability, civil, 
14criminal or otherwise, if such information is disclosed
relying 
15upon the representation of an officer of the United States 
16Secret
Service or the Department of State Police that a person 
17is under the
protection of the United States Secret Service or 
18is a public official.

19 For the purpose of this subsection (a), the term "public 
20official" means
the Governor, Lieutenant Governor, Attorney 
21General, Secretary of State,
State Comptroller, State 
22Treasurer, member of the General Assembly, member of the United 
23States Congress, Judge of the United States as defined in 28 
24U.S.C. 451, Justice of the United States as defined in 28 
25U.S.C. 451, United States Magistrate Judge as defined in 28 
26U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or 
 
 
HB3818- 281 -LRB101 11428 SLF 57060 b


1Supreme, Appellate, Circuit, or Associate Judge of the State of 
2Illinois. The
term shall also include the spouse, child or 
3children of a public official.

4 (b) The Department of Human Services (acting as successor 
5to the
Department of Mental Health and Developmental 
6Disabilities) and all
public or private hospitals and mental 
7health facilities are required, as hereafter described in this 
8subsection,
to furnish the Department of State Police only such 
9information as may
be required for the sole purpose of 
10determining whether an individual who
may be or may have been a 
11patient is disqualified because of that status
from receiving 
12or retaining a firearm under paragraph (4) of subsection (a) of 
13Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's 
14Identification Card or falls within the federal prohibitors 
15under subsection (e), (f), (g), (r), (s), or (t) of Section 8 
16of the Firearm Owners Identification Card Act, or falls within 
17the federal prohibitors in 18 U.S.C. 922(g) and (n). All 
18physicians, clinical psychologists, or qualified examiners at 
19public or private mental health facilities or parts thereof as 
20defined in this subsection shall, in the form and manner 
21required
by the Department, provide notice directly to the 
22Department of Human Services, or to his or her employer who 
23shall then report to the Department, within 24 hours after 
24determining that a person poses a clear and present danger to 
25himself, herself, or others, or within 7 days after a person 14 
26years or older is determined to be a person with a 
 
 
HB3818- 282 -LRB101 11428 SLF 57060 b


1developmental disability by a physician, clinical 
2psychologist, or qualified examiner as described in this 
3subsection (b) Section 1.1 of the Firearm Owners Identification 
4Card Act. If a person is a patient as described in clause 
5(2)(A) (1) of the definition of "patient" in (2)(A) Section 1.1 
6of the Firearm Owners Identification Card Act, this information 
7shall be furnished within 7 days after
admission to a public or 
8private hospital or mental health facility or the provision of 
9services. Any such information disclosed under
this subsection 
10shall
remain privileged and confidential, and shall not be 
11redisclosed, except as required by clause (e)(2) of Section 
1224-4.5 of the Criminal Code of 2012 subsection (e) of Section 
133.1 of the Firearm Owners Identification Card Act, nor utilized

14for any other purpose. The method of requiring the providing of 
15such
information shall guarantee that no information is 
16released beyond what
is necessary for this purpose. In 
17addition, the information disclosed
shall be provided
by the 
18Department within the time period established by Section 24-3 
19of the
Criminal Code of 2012 regarding the delivery of 
20firearms. The method used
shall be sufficient to provide the 
21necessary information within the
prescribed time period, which 
22may include periodically providing
lists to the Department of 
23Human Services
or any public or private hospital or mental 
24health facility of Firearm Owner's Identification Card 
25applicants for firearm purchases
on which the Department or 
26hospital shall indicate the identities of those
individuals who 
 
 
HB3818- 283 -LRB101 11428 SLF 57060 b


1are to its knowledge disqualified from having a firearm Firearm

2Owner's Identification Card for reasons described herein. The 
3Department
may provide for a centralized source
of information 
4for the State on this subject under its jurisdiction. The 
5identity of the person reporting under this subsection shall 
6not be disclosed to the subject of the report. For the purposes 
7of this subsection, the physician, clinical psychologist, or 
8qualified examiner making the determination and his or her 
9employer shall not be held criminally, civilly, or 
10professionally liable for making or not making the notification 
11required under this subsection, except for willful or wanton 
12misconduct. 

13 Any person, institution, or agency, under this Act, 
14participating in
good faith in the reporting or disclosure of 
15records and communications
otherwise in accordance with this 
16provision or with rules, regulations or
guidelines issued by 
17the Department shall have immunity from any
liability, civil, 
18criminal or otherwise, that might result by reason of the

19action. For the purpose of any proceeding, civil or criminal,

20arising out of a report or disclosure in accordance with this 
21provision,
the good faith of any person,
institution, or agency 
22so reporting or disclosing shall be presumed. The
full extent 
23of the immunity provided in this subsection (b) shall apply to

24any person, institution or agency that fails to make a report 
25or disclosure
in the good faith belief that the report or 
26disclosure would violate
federal regulations governing the 
 
 
HB3818- 284 -LRB101 11428 SLF 57060 b


1confidentiality of alcohol and drug abuse
patient records 
2implementing 42 U.S.C. 290dd-3 and 290ee-3.

3 For purposes of this subsection (b) only, the following 
4terms shall have
the meaning prescribed:

5  (1) (Blank).

6  (1.3) "Clear and present danger" has the meaning as 
7 defined in Section 6-103.3 of the Mental Health and 
8 Developmental Disabilities Code 1.1 of the Firearm Owners 
9 Identification Card Act. 
10  (1.5) "Person with a developmental disability" has the 
11 meaning as defined in Section 6-103.3 of the Mental Health 
12 and Developmental Disabilities Code 1.1 of the Firearm 
13 Owners Identification Card Act.
14  (2) "Patient" means (A) a person who voluntarily 
15 receives mental health treatment as an in-patient or 
16 resident of any public or private mental health facility, 
17 unless the treatment was solely for an alcohol abuse 
18 disorder and no other secondary substance abuse disorder or 
19 mental illness; or (B) a person who voluntarily receives 
20 mental health treatment as an out-patient or is provided 
21 services by a public or private mental health facility, and 
22 who poses a clear and present danger to himself, herself, 
23 or to others has the meaning as defined in Section 1.1 of 
24 the Firearm Owners Identification Card Act.

25  (3) "Mental health facility" means any licensed 
26 private hospital or hospital affiliate, institution, or 
 
 
HB3818- 285 -LRB101 11428 SLF 57060 b


1 facility, or part thereof, and any facility, or part 
2 thereof, operated by the State or a political subdivision 
3 thereof which provide treatment of persons with mental 
4 illness and includes all hospitals, institutions, clinics, 
5 evaluation facilities, mental health centers, colleges, 
6 universities, long-term care facilities, and nursing 
7 homes, or parts thereof, which provide treatment of persons 
8 with mental illness whether or not the primary purpose is 
9 to provide treatment of persons with mental illness has the 
10 meaning as defined in Section 1.1 of the Firearm Owners 
11 Identification Card Act.

12 (c) Upon the request of a peace officer who takes a person 
13into custody
and transports such person to a mental health or 
14developmental disability
facility pursuant to Section 3-606 or 
154-404 of the Mental Health and
Developmental Disabilities Code 
16or who transports a person from such facility,
a facility 
17director shall furnish said peace officer the name, address, 
18age
and name of the nearest relative of the person transported 
19to or from the
mental health or developmental disability 
20facility. In no case shall the
facility director disclose to 
21the peace officer any information relating to the
diagnosis, 
22treatment or evaluation of the person's mental or physical 
23health.

24 For the purposes of this subsection (c), the terms "mental 
25health or
developmental disability facility", "peace officer" 
26and "facility director"
shall have the meanings ascribed to 
 
 
HB3818- 286 -LRB101 11428 SLF 57060 b


1them in the Mental Health and
Developmental Disabilities Code.

2 (d) Upon the request of a peace officer or prosecuting 
3authority who is
conducting a bona fide investigation of a 
4criminal offense, or attempting to
apprehend a fugitive from 
5justice,
a facility director may disclose whether a person is 
6present at the facility.
Upon request of a peace officer or 
7prosecuting authority who has a valid
forcible felony warrant 
8issued, a facility director shall disclose: (1) whether
the 
9person who is the subject of the warrant is present at the 
10facility and (2)
the
date of that person's discharge or future 
11discharge from the facility.
The requesting peace officer or 
12prosecuting authority must furnish a case
number and the 
13purpose of the investigation or an outstanding arrest warrant 
14at
the time of the request. Any person, institution, or agency

15participating in good faith in disclosing such information in 
16accordance with
this subsection (d) is immune from any 
17liability, civil, criminal or
otherwise, that might result by 
18reason of the action.

19(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, 
20eff. 7-27-15; 99-642, eff. 7-28-16.)


21 Section 110. The Illinois Domestic Violence Act of 1986 is 
22amended by changing Section 214 as follows:



23 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)

24 Sec. 214. Order of protection; remedies. 

 
 
HB3818- 287 -LRB101 11428 SLF 57060 b


1 (a) Issuance of order. If the court finds that petitioner 
2has been
abused by a family or household member or that 
3petitioner is a high-risk
adult who has been abused, neglected, 
4or exploited, as defined in this Act,
an order of protection 
5prohibiting the abuse, neglect, or exploitation
shall issue; 
6provided that petitioner must also satisfy the requirements of

7one of the following Sections, as appropriate: Section 217 on 
8emergency
orders, Section 218 on interim orders, or Section 219 
9on plenary orders.
Petitioner shall not be denied an order of 
10protection because petitioner or
respondent is a minor. The 
11court, when determining whether or not to issue
an order of 
12protection, shall not require physical manifestations of abuse

13on the person of the victim. Modification and extension of 
14prior
orders of protection shall be in accordance with this 
15Act.

16 (b) Remedies and standards. The remedies to be included in 
17an order of
protection shall be determined in accordance with 
18this Section and one of
the following Sections, as appropriate: 
19Section 217 on emergency orders,
Section 218 on interim orders, 
20and Section 219 on plenary orders. The
remedies listed in this 
21subsection shall be in addition to other civil or
criminal 
22remedies available to petitioner.

23  (1) Prohibition of abuse, neglect, or exploitation. 
24 Prohibit
respondent's harassment, interference with 
25 personal liberty, intimidation
of a dependent, physical 
26 abuse, or willful deprivation, neglect or
exploitation, as 
 
 
HB3818- 288 -LRB101 11428 SLF 57060 b


1 defined in this Act, or stalking of the petitioner, as 
2 defined
in Section 12-7.3 of the Criminal Code of 2012, if 
3 such abuse, neglect,
exploitation, or stalking has 
4 occurred or otherwise appears likely to occur if
not 
5 prohibited.

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

9 including one owned or leased by respondent, if petitioner 
10 has a right to
occupancy thereof. The grant of exclusive 
11 possession of the residence, household, or premises shall 
12 not
affect title to real property, nor shall the court be 
13 limited by the standard
set forth in subsection (c-2) of 
14 Section 501 of the Illinois Marriage and Dissolution of 
15 Marriage
Act.

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

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

25   (B) Presumption of hardships. If petitioner and 
26 respondent
each has the right to occupancy of a 
 
 
HB3818- 289 -LRB101 11428 SLF 57060 b


1 residence or household, the court
shall balance (i) the 
2 hardships to respondent and any minor child or

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

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

13 Hardships need not be balanced if respondent does not 
14 have a right to
occupancy.

15   The balance of hardships is presumed to favor 
16 possession by
petitioner unless the presumption is 
17 rebutted by a preponderance of the
evidence, showing 
18 that the hardships to respondent substantially 
19 outweigh
the hardships to petitioner and any minor 
20 child or dependent adult in
petitioner's care. The 
21 court, on the request of petitioner or on its own

22 motion, may order respondent to provide suitable, 
23 accessible, alternate housing
for petitioner instead 
24 of excluding respondent from a mutual residence or

25 household.

26  (3) Stay away order and additional prohibitions.
Order 
 
 
HB3818- 290 -LRB101 11428 SLF 57060 b


1 respondent to stay away from petitioner or any other person

2 protected by the order of protection, or prohibit 
3 respondent from entering
or remaining present at 
4 petitioner's school, place of employment, or other

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

9 right to enter the premises.

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

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

22   (B) When the petitioner and the respondent attend 
23 the same public, private, or non-public elementary, 
24 middle, or high school, the court when issuing an order 
25 of protection and providing relief shall consider the 
26 severity of the act, any continuing physical danger or 
 
 
HB3818- 291 -LRB101 11428 SLF 57060 b


1 emotional distress to the petitioner, the educational 
2 rights guaranteed to the petitioner and respondent 
3 under federal and State law, the availability of a 
4 transfer of the respondent to another school, a change 
5 of placement or a change of program of the respondent, 
6 the expense, difficulty, and educational disruption 
7 that would be caused by a transfer of the respondent to 
8 another school, and any other relevant facts of the 
9 case. The court may order that the respondent not 
10 attend the public, private, or non-public elementary, 
11 middle, or high school attended by the petitioner, 
12 order that the respondent accept a change of placement 
13 or change of program, as determined by the school 
14 district or private or non-public school, or place 
15 restrictions on the respondent's movements within the 
16 school attended by the petitioner.
The respondent 
17 bears the burden of proving by a preponderance of the 
18 evidence that a transfer, change of placement, or 
19 change of program of the respondent is not available. 
20 The respondent also bears the burden of production with 
21 respect to the expense, difficulty, and educational 
22 disruption that would be caused by a transfer of the 
23 respondent to another school. A transfer, change of 
24 placement, or change of program is not unavailable to 
25 the respondent solely on the ground that the respondent 
26 does not agree with the school district's or private or 
 
 
HB3818- 292 -LRB101 11428 SLF 57060 b


1 non-public school's transfer, change of placement, or 
2 change of program or solely on the ground that the 
3 respondent fails or refuses to consent or otherwise 
4 does not take an action required to effectuate a 
5 transfer, change of placement, or change of program.

6 When a court orders a respondent to stay away from the 
7 public, private, or non-public school attended by the 
8 petitioner and the respondent requests a transfer to 
9 another attendance center within the respondent's 
10 school district or private or non-public school, the 
11 school district or private or non-public school shall 
12 have sole discretion to determine the attendance 
13 center to which the respondent is transferred.
In the 
14 event the court order results in a transfer of the 
15 minor respondent to another attendance center, a 
16 change in the respondent's placement, or a change of 
17 the respondent's program, the parents, guardian, or 
18 legal custodian of the respondent is responsible for 
19 transportation and other costs associated with the 
20 transfer or change. 
21   (C) The court may order the parents, guardian, or 
22 legal custodian of a minor respondent to take certain 
23 actions or to refrain from taking certain actions to 
24 ensure that the respondent complies with the order. In 
25 the event the court orders a transfer of the respondent 
26 to another school, the parents, guardian, or legal 
 
 
HB3818- 293 -LRB101 11428 SLF 57060 b


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

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

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

26  If a court finds, after a hearing, that respondent has 
 
 
HB3818- 294 -LRB101 11428 SLF 57060 b


1 committed abuse
(as defined in Section 103) of a minor 
2 child, there shall be a
rebuttable presumption that 
3 awarding physical care to respondent would not
be in the 
4 minor child's best interest.

5  (6) Temporary allocation of parental responsibilities: 
6 significant decision-making. Award temporary 
7 decision-making responsibility to petitioner
in accordance 
8 with this Section, the Illinois Marriage and Dissolution of

9 Marriage Act, the Illinois Parentage Act of 2015, and this 
10 State's Uniform
Child-Custody Jurisdiction and Enforcement 
11 Act. 

12  If a court finds, after a hearing, that respondent has 
13 committed abuse (as
defined in Section 103) of a minor 
14 child, there shall be a rebuttable
presumption that 
15 awarding temporary significant decision-making 
16 responsibility to respondent would not be in
the child's 
17 best interest.

18  (7) Parenting time. Determine the parenting time, if 
19 any, of respondent in
any case in which the court awards 
20 physical care or allocates temporary significant 
21 decision-making responsibility of
a minor child to 
22 petitioner. The court shall restrict or deny respondent's 
23 parenting time
with a minor child if the court finds that 
24 respondent has done or is
likely to do any of the 
25 following: (i) abuse or endanger the minor child during 
26 parenting time; (ii) use the parenting time as an 
 
 
HB3818- 295 -LRB101 11428 SLF 57060 b


1 opportunity to abuse or harass
petitioner or petitioner's 
2 family or household members; (iii) improperly
conceal or 
3 detain the minor child; or (iv) otherwise act in a manner 
4 that is
not in the best interests of the minor child. The 
5 court shall not be limited
by the standards set forth in 
6 Section 603.10 of the Illinois Marriage and
Dissolution of 
7 Marriage Act. If the court grants parenting time, the order 
8 shall
specify dates and times for the parenting time to 
9 take place or other specific
parameters or conditions that 
10 are appropriate. No order for parenting time shall
refer 
11 merely to the term "reasonable parenting time".

12  Petitioner may deny respondent access to the minor 
13 child if, when
respondent arrives for parenting time, 
14 respondent is under the influence of drugs
or alcohol and 
15 constitutes a threat to the safety and well-being of

16 petitioner or petitioner's minor children or is behaving in 
17 a violent or
abusive manner.

18  If necessary to protect any member of petitioner's 
19 family or
household from future abuse, respondent shall be 
20 prohibited from coming to
petitioner's residence to meet 
21 the minor child for parenting time, and the
parties shall 
22 submit to the court their recommendations for reasonable

23 alternative arrangements for parenting time. A person may 
24 be approved to
supervise parenting time only after filing 
25 an affidavit accepting
that responsibility and 
26 acknowledging accountability to the court.

 
 
HB3818- 296 -LRB101 11428 SLF 57060 b


1  (8) Removal or concealment of minor child. Prohibit 
2 respondent from
removing a minor child from the State or 
3 concealing the child within the State.


4  (9) Order to appear. Order the respondent to appear in 
5 court, alone
or with a minor child, to prevent abuse, 
6 neglect, removal or concealment of
the child, to return the 
7 child to the custody or care of the petitioner or
to permit 
8 any court-ordered interview or examination of the child or 
9 the
respondent.

10  (10) Possession of personal property. Grant petitioner 
11 exclusive
possession of personal property and, if 
12 respondent has possession or
control, direct respondent to 
13 promptly make it available to petitioner, if:

14   (i) petitioner, but not respondent, owns the 
15 property; or

16   (ii) the parties own the property jointly; sharing 
17 it would risk
abuse of petitioner by respondent or is 
18 impracticable; and the balance of
hardships favors 
19 temporary possession by petitioner.

20  If petitioner's sole claim to ownership of the property 
21 is that it is
marital property, the court may award 
22 petitioner temporary possession
thereof under the 
23 standards of subparagraph (ii) of this paragraph only if
a 
24 proper proceeding has been filed under the Illinois 
25 Marriage and
Dissolution of Marriage Act, as now or 
26 hereafter amended.

 
 
HB3818- 297 -LRB101 11428 SLF 57060 b


1  No order under this provision shall affect title to 
2 property.

3  (11) Protection of property. Forbid the respondent 
4 from taking,
transferring, encumbering, concealing, 
5 damaging or otherwise disposing of
any real or personal 
6 property, except as explicitly authorized by the
court, if:

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

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

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

17  The court may further prohibit respondent from 
18 improperly using the
financial or other resources of an 
19 aged member of the family or household
for the profit or 
20 advantage of respondent or of any other person.

21  (11.5) Protection of animals. Grant the petitioner the 
22 exclusive care, custody, or control of any animal owned, 
23 possessed, leased, kept, or held by either the petitioner 
24 or the respondent or a minor child residing in the 
25 residence or household of either the petitioner or the 
26 respondent and order the respondent to stay away from the 
 
 
HB3818- 298 -LRB101 11428 SLF 57060 b


1 animal and forbid the respondent from taking, 
2 transferring, encumbering, concealing, harming, or 
3 otherwise disposing of the animal.

4  (12) Order for payment of support. Order respondent to 
5 pay temporary
support for the petitioner or any child in 
6 the petitioner's care or over whom the petitioner has been 
7 allocated parental responsibility, when the respondent has 
8 a legal obligation to support that person,
in accordance 
9 with the Illinois Marriage and Dissolution
of Marriage Act, 
10 which shall govern, among other matters, the amount of

11 support, payment through the clerk and withholding of 
12 income to secure
payment. An order for child support may be 
13 granted to a petitioner with
lawful physical care of a 
14 child, or an order or agreement for
physical care of a 
15 child, prior to entry of an order allocating significant 
16 decision-making responsibility.
Such a support order shall 
17 expire upon entry of a valid order allocating parental 
18 responsibility differently and vacating the petitioner's 
19 significant decision-making authority, unless otherwise 
20 provided in the order.

21  (13) Order for payment of losses. Order respondent to 
22 pay petitioner for
losses suffered as a direct result of 
23 the abuse, neglect, or exploitation.
Such losses shall 
24 include, but not be limited to, medical expenses, lost

25 earnings or other support, repair or replacement of 
26 property damaged or taken,
reasonable attorney's fees, 
 
 
HB3818- 299 -LRB101 11428 SLF 57060 b


1 court costs and moving or other travel expenses,
including 
2 additional reasonable expenses for temporary shelter and 
3 restaurant
meals.

4   (i) Losses affecting family needs. If a party is 
5 entitled to seek
maintenance, child support or 
6 property distribution from the other party
under the 
7 Illinois Marriage and Dissolution of Marriage Act, as 
8 now or
hereafter amended, the court may order 
9 respondent to reimburse petitioner's
actual losses, to 
10 the extent that such reimbursement would be 
11 "appropriate
temporary relief", as authorized by 
12 subsection (a)(3) of Section 501 of
that Act.

13   (ii) Recovery of expenses. In the case of an 
14 improper concealment
or removal of a minor child, the 
15 court may order respondent to pay the
reasonable 
16 expenses incurred or to be incurred in the search for 
17 and recovery
of the minor child, including but not 
18 limited to legal fees, court costs,
private 
19 investigator fees, and travel costs.

20  (14) Prohibition of entry. Prohibit the respondent 
21 from entering or
remaining in the residence or household 
22 while the respondent is under the
influence of alcohol or 
23 drugs and constitutes a threat to the safety and
well-being 
24 of the petitioner or the petitioner's children.

25  (14.5) Prohibition of firearm possession.

26   (a) Prohibit a respondent against whom an order of 
 
 
HB3818- 300 -LRB101 11428 SLF 57060 b


1 protection was issued from possessing any firearms 
2 during the duration of the order if the order:
3    (1) was issued after a hearing of which such 
4 person received
actual notice, and at which such 
5 person had an opportunity to
participate;
6    (2) restrains such person from harassing, 
7 stalking, or
threatening an intimate partner of 
8 such person or child of such
intimate partner or 
9 person, or engaging in other conduct that
would 
10 place an intimate partner in reasonable fear of 
11 bodily
injury to the partner or child; and
12    (3)(i) includes a finding that such person 
13 represents a
credible threat to the physical 
14 safety of such intimate partner
or child; or
(ii) 
15 by its terms explicitly prohibits the use, 
16 attempted
use, or threatened use of physical force 
17 against such intimate
partner or child that would 
18 reasonably be expected to cause
bodily injury.
19  Any Firearm Owner's Identification Card in the

20 possession of the respondent, except as provided in 
21 subsection (b), shall be ordered by the court to be 
22 turned
over to the local law enforcement agency. The 
23 local law enforcement agency shall immediately mail 
24 the card to the Department of State Police Firearm 
25 Owner's Identification Card Office
for safekeeping. 
26 The court shall
issue a warrant for seizure of any 
 
 
HB3818- 301 -LRB101 11428 SLF 57060 b


1 firearm in the possession of the respondent, to be kept 
2 by the local law enforcement agency for safekeeping, 
3 except as provided in subsection (b).
The period of 
4 safekeeping shall be for the duration of the order of 
5 protection. The firearm or firearms and Firearm 
6 Owner's Identification Card, if unexpired, shall at 
7 the respondent's request, be returned to the 
8 respondent at the end
of the order of protection. It is 
9 the respondent's responsibility to notify the 
10 Department of State Police Firearm Owner's 
11 Identification Card Office. 

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

20   (c) Upon expiration of the period of safekeeping, 
21 if the firearms or Firearm Owner's Identification Card 
22 cannot be returned to respondent because respondent 
23 cannot be located, fails to respond to requests to 
24 retrieve the firearms, or is not lawfully eligible to 
25 possess a firearm, upon petition from the local law 
26 enforcement agency, the court may order the local law 
 
 
HB3818- 302 -LRB101 11428 SLF 57060 b


1 enforcement agency to destroy the firearms, use the 
2 firearms for training purposes, or for any other 
3 application as deemed appropriate by the local law 
4 enforcement agency; or that the firearms be turned over 
5 to a third party who is lawfully eligible to possess 
6 firearms, and who does not reside with respondent. 
7  (15) Prohibition of access to records. If an order of 
8 protection
prohibits respondent from having contact with 
9 the minor child,
or if petitioner's address is omitted 
10 under subsection (b) of
Section 203, or if necessary to 
11 prevent abuse or wrongful removal or
concealment of a minor 
12 child, the order shall deny respondent access to, and

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

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

22  (17) Order for injunctive relief. Enter injunctive 
23 relief necessary
or appropriate to prevent further abuse of 
24 a family or household member
or further abuse, neglect, or 
25 exploitation of a high-risk adult with
disabilities or to 
26 effectuate one of the granted remedies, if supported by the

 
 
HB3818- 303 -LRB101 11428 SLF 57060 b


1 balance of hardships. If the harm to be prevented by the 
2 injunction is abuse
or any other harm that one of the 
3 remedies listed in paragraphs (1) through
(16) of this 
4 subsection is designed to prevent, no further evidence is

5 necessary that the harm is an irreparable injury.

6  (18) Telephone services.
7   (A) Unless a condition described in subparagraph 
8 (B) of this paragraph exists, the court may, upon 
9 request by the petitioner, order a wireless telephone 
10 service provider to transfer to the petitioner the 
11 right to continue to use a telephone number or numbers 
12 indicated by the petitioner and the financial 
13 responsibility associated with the number or numbers, 
14 as set forth in subparagraph (C) of this paragraph. For 
15 purposes of this paragraph (18), the term "wireless 
16 telephone service provider" means a provider of 
17 commercial mobile service as defined in 47 U.S.C. 332. 
18 The petitioner may request the transfer of each 
19 telephone number that the petitioner, or a minor child 
20 in his or her custody, uses. The clerk of the court 
21 shall serve the order on the wireless telephone service 
22 provider's agent for service of process provided to the 
23 Illinois Commerce Commission. The order shall contain 
24 all of the following:
25    (i) The name and billing telephone number of 
26 the account holder including the name of the 
 
 
HB3818- 304 -LRB101 11428 SLF 57060 b


1 wireless telephone service provider that serves 
2 the account.
3    (ii) Each telephone number that will be 
4 transferred.
5    (iii) A statement that the provider transfers 
6 to the petitioner all financial responsibility for 
7 and right to the use of any telephone number 
8 transferred under this paragraph.
9   (B) A wireless telephone service provider shall 
10 terminate the respondent's use of, and shall transfer 
11 to the petitioner use of, the telephone number or 
12 numbers indicated in subparagraph (A) of this 
13 paragraph unless it notifies the petitioner, within 72 
14 hours after it receives the order, that one of the 
15 following applies:
16    (i) The account holder named in the order has 
17 terminated the account.
18    (ii) A difference in network technology would 
19 prevent or impair the functionality of a device on 
20 a network if the transfer occurs.
21    (iii) The transfer would cause a geographic or 
22 other limitation on network or service provision 
23 to the petitioner.
24    (iv) Another technological or operational 
25 issue would prevent or impair the use of the 
26 telephone number if the transfer occurs.
 
 
HB3818- 305 -LRB101 11428 SLF 57060 b


1   (C) The petitioner assumes all financial 
2 responsibility for and right to the use of any 
3 telephone number transferred under this paragraph. In 
4 this paragraph, "financial responsibility" includes 
5 monthly service costs and costs associated with any 
6 mobile device associated with the number.
7   (D) A wireless telephone service provider may 
8 apply to the petitioner its routine and customary 
9 requirements for establishing an account or 
10 transferring a number, including requiring the 
11 petitioner to provide proof of identification, 
12 financial information, and customer preferences.

13   (E) Except for willful or wanton misconduct, a 
14 wireless telephone service provider is immune from 
15 civil liability for its actions taken in compliance 
16 with a court order issued under this paragraph.
17   (F) All wireless service providers that provide 
18 services to residential customers shall provide to the 
19 Illinois Commerce Commission the name and address of an 
20 agent for service of orders entered under this 
21 paragraph (18). Any change in status of the registered 
22 agent must be reported to the Illinois Commerce 
23 Commission within 30 days of such change. 
24   (G) The Illinois Commerce Commission shall 
25 maintain the list of registered agents for service for 
26 each wireless telephone service provider on the 
 
 
HB3818- 306 -LRB101 11428 SLF 57060 b


1 Commission's website. The Commission may consult with 
2 wireless telephone service providers and the Circuit 
3 Court Clerks on the manner in which this information is 
4 provided and displayed. 
5 (c) Relevant factors; findings.

6  (1) In determining whether to grant a specific remedy, 
7 other than
payment of support, the court shall consider

8 relevant factors, including but not limited to the 
9 following:

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

17 petitioner's or respondent's family or household; and

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

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

 
 
HB3818- 307 -LRB101 11428 SLF 57060 b


1   (i) availability, accessibility, cost, safety, 
2 adequacy, location and
other characteristics of 
3 alternate housing for each party and any minor child
or 
4 dependent adult in the party's care;

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

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

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

13   (i) That the court has considered the applicable 
14 relevant factors
described in paragraphs (1) and (2) of 
15 this subsection.

16   (ii) Whether the conduct or actions of respondent, 
17 unless
prohibited, will likely cause irreparable harm 
18 or continued abuse.

19   (iii) Whether it is necessary to grant the 
20 requested relief in order
to protect petitioner or 
21 other alleged abused persons.

22  (4) For purposes of issuing an ex parte emergency order 
23 of protection,
the court, as an alternative to or as a 
24 supplement to making the findings
described in paragraphs 
25 (c)(3)(i) through (c)(3)(iii) of this subsection, may
use 
26 the following procedure:

 
 
HB3818- 308 -LRB101 11428 SLF 57060 b


1  When a verified petition for an emergency order of 
2 protection in
accordance with the requirements of Sections 
3 203 and 217 is
presented to the court, the court shall 
4 examine petitioner on oath or
affirmation. An emergency 
5 order of protection shall be issued by the court
if it 
6 appears from the contents of the petition and the 
7 examination of
petitioner that the averments are 
8 sufficient to indicate abuse by
respondent and to support 
9 the granting of relief under the issuance of the
emergency 
10 order of protection.

11  (5) Never married parties. No rights or 
12 responsibilities for a minor
child born outside of marriage 
13 attach to a putative father until a father and
child 
14 relationship has been established under the Illinois 
15 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
16 the Illinois Public Aid Code, Section 12 of the Vital 
17 Records Act, the
Juvenile Court Act of 1987, the Probate 
18 Act of 1975, the Revised Uniform
Reciprocal Enforcement of 
19 Support Act, the Uniform Interstate Family Support
Act, the 
20 Expedited Child Support Act of 1990, any judicial, 
21 administrative, or
other act of another state or territory, 
22 any other Illinois statute, or by any
foreign nation 
23 establishing the father and child relationship, any other

24 proceeding substantially in conformity with the Personal 
25 Responsibility and
Work Opportunity Reconciliation Act of 
26 1996 (Pub. L. 104-193), or where both
parties appeared in 
 
 
HB3818- 309 -LRB101 11428 SLF 57060 b


1 open court or at an administrative hearing acknowledging

2 under
oath or admitting by affirmation the existence of a 
3 father and child
relationship.
Absent such an 
4 adjudication, finding, or acknowledgment, no putative

5 father shall be granted
temporary allocation of parental 
6 responsibilities, including parenting time with the minor 
7 child, or
physical care and possession of the minor child, 
8 nor shall an order of payment
for support of the minor 
9 child be entered.

10 (d) Balance of hardships; findings. If the court finds that 
11the balance
of hardships does not support the granting of a 
12remedy governed by
paragraph (2), (3), (10), (11), or (16) of 
13subsection (b) of this Section,
which may require such 
14balancing, the court's findings shall so
indicate and shall 
15include a finding as to whether granting the remedy will
result 
16in hardship to respondent that would substantially outweigh the 
17hardship
to petitioner from denial of the remedy. The findings 
18shall be an official
record or in writing.

19 (e) Denial of remedies. Denial of any remedy shall not be 
20based, in
whole or in part, on evidence that:

21  (1) Respondent has cause for any use of force, unless 
22 that cause
satisfies the standards for justifiable use of 
23 force provided by Article
7 of the Criminal Code of 2012;

24  (2) Respondent was voluntarily intoxicated;

25  (3) Petitioner acted in self-defense or defense of 
26 another, provided
that, if petitioner utilized force, such 
 
 
HB3818- 310 -LRB101 11428 SLF 57060 b


1 force was justifiable under
Article 7 of the Criminal Code 
2 of 2012; 

3  (4) Petitioner did not act in self-defense or defense 
4 of another;

5  (5) Petitioner left the residence or household to avoid 
6 further abuse,
neglect, or exploitation by respondent;

7  (6) Petitioner did not leave the residence or household 
8 to avoid further
abuse, neglect, or exploitation by 
9 respondent;

10  (7) Conduct by any family or household member excused 
11 the abuse,
neglect, or exploitation by respondent, unless 
12 that same conduct would have
excused such abuse, neglect, 
13 or exploitation if the parties had not been
family or 
14 household members.

15(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642, 
16eff. 7-28-16; 100-388, eff. 1-1-18; 100-863, eff. 8-14-18; 
17100-923, eff. 1-1-19.)


18 Section 115. The Uniform Disposition of Unclaimed Property 
19Act is amended by changing Section 1 as follows:




20 (765 ILCS 1025/1) (from Ch. 141, par. 101)



21 Sec. 1. As used in this Act, unless the context otherwise 
22requires: 

23 (a) "Banking organization" means any bank, trust company, 
24savings bank,
industrial bank, land bank, safe deposit company, 
 
 
HB3818- 311 -LRB101 11428 SLF 57060 b


1or a private banker.

2 (b) "Business association" means any corporation, joint 
3stock company,
business trust, partnership, or any

4association, limited liability company, or other business 
5entity consisting
of one or more persons, whether or not for 
6profit.

7 (c) "Financial organization" means any savings and loan 
8association,
building and loan association, credit union, 
9currency exchange,
co-operative bank, mutual funds, or 
10investment company.

11 (d) "Holder" means any person in possession of property 
12subject to this
Act belonging to another, or who is trustee in 
13case of a trust, or is
indebted to another on an obligation 
14subject to this Act.

15 (e) "Life insurance corporation" means any association or 
16corporation
transacting the business of insurance on the lives 
17of
persons or insurance appertaining thereto, including, but 
18not by way of
limitation, endowments and annuities.

19 (f) "Owner" means a depositor in case of a deposit, a 
20beneficiary in
case of a trust, a creditor, claimant, or payee 
21in case of other property, or any person having a legal or 
22equitable interest in property
subject to this Act, or his 
23legal representative.

24 (g) "Person" means any individual, business association, 
25financial
organization, government or
political subdivision or 
26agency, public authority,
estate, trust, or any other legal or

 
 
HB3818- 312 -LRB101 11428 SLF 57060 b


1commercial entity.

2 (h) "Utility" means any person who owns or operates,
for 
3public use, any plant, equipment, property, franchise, or 
4license for
the transmission of communications or the 
5production, storage,
transmission, sale, delivery, or 
6furnishing of electricity, water,
steam, oil or gas.

7 (i) (Blank).

8 (j) "Insurance company" means any person transacting the 
9kinds of
business enumerated in Section 4 of the Illinois 
10Insurance Code other than
life insurance.

11 (k) "Economic loss", as used in Sections 2a and 9 of this 
12Act includes,
but is not limited to,
delivery charges, 
13mark-downs and write-offs, carrying
costs, restocking charges, 
14lay-aways, special orders, issuance of credit memos,
and the 
15costs of special services or goods
provided that reduce the 
16property value or that result in lost sales
opportunity.

17 (l) "Reportable property" means property, tangible or 
18intangible, presumed
abandoned under this Act that must be 
19appropriately and timely reported and
remitted to the Office of 
20the State Treasurer under this
Act. Interest, dividends, stock 
21splits,
warrants, or other rights that become reportable 
22property under this Act
include the underlying security or 
23commodity giving rise to the interest,
dividend, split, 
24warrant, or other right to which the owner would be entitled.

25 (m) "Firearm" has the meaning ascribed to that term in 
26Section 2-7.5 of the Criminal Code of 2012
the Firearm Owners

 
 
HB3818- 313 -LRB101 11428 SLF 57060 b


1Identification Card Act.

2(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; 91-748, 
3eff. 6-2-00.)



4 Section 120. The Revised Uniform Unclaimed Property Act is 
5amended by changing Section 15-705 as follows:

6 (765 ILCS 1026/15-705)

7 Sec. 15-705. Exceptions to the sale of tangible property. 
8The administrator shall dispose of tangible property 
9identified by this Section in accordance with this Section.
10 (a) Military medals or decorations. The administrator may 
11not sell a medal or decoration awarded for military service in 
12the armed forces of the United States. Instead, the 
13administrator, with the consent of the respective organization 
14under paragraph (1), agency under paragraph (2), or entity 
15under paragraph (3), may deliver a medal or decoration to be 
16held in custody for the owner, to:
17  (1) a military veterans organization qualified under 
18 Section 501(c)(19) of the Internal Revenue Code;
19  (2) the agency that awarded the medal or decoration; or
20  (3) a governmental entity.
21 After delivery, the administrator is not responsible for 
22the safekeeping of the medal or decoration.
23 (b) Property with historical value. Property that the 
24administrator reasonably believes may have historical value 
 
 
HB3818- 314 -LRB101 11428 SLF 57060 b


1may be, at his or her discretion, loaned to an accredited 
2museum in the United States where it will be kept until such 
3time as the administrator orders it to be returned to his or 
4her custody.
5 (c) Human remains. If human remains are delivered to the 
6administrator under this Act, the administrator shall deliver 
7those human remains to the coroner of the county in which the 
8human remains were abandoned for disposition under Section 
93-3034 of the Counties Code. The only human remains that may be 
10delivered to the administrator under this Act and that the 
11administrator may receive are those that are reported and 
12delivered as contents of a safe deposit box.
13 (d) Evidence in a criminal investigation. Property that may 
14have been used in the commission of a crime or that may assist 
15in the investigation of a crime, as determined after consulting 
16with the Department of State Police, shall be delivered to the 
17Department of State Police or other appropriate law enforcement 
18authority to allow law enforcement to determine whether a 
19criminal investigation should take place. Any such property 
20delivered to a law enforcement authority shall be held in 
21accordance with existing statutes and rules related to the 
22gathering, retention, and release of evidence.
23 (e) Firearms.
24  (1) The administrator, in cooperation with the 
25 Department of State Police, shall develop a procedure to 
26 determine whether a firearm delivered to the administrator 
 
 
HB3818- 315 -LRB101 11428 SLF 57060 b


1 under this Act has been stolen or used in the commission of 
2 a crime. The Department of State Police shall determine the 
3 appropriate disposition of a firearm that has been stolen 
4 or used in the commission of a crime. The administrator 
5 shall attempt to return a firearm that has not been stolen 
6 or used in the commission of a crime to the rightful owner 
7 if the Department of State Police determines that the owner 
8 may lawfully possess the firearm.
9  (2) If the administrator is unable to return a firearm 
10 to its owner, the administrator shall transfer custody of 
11 the firearm to the Department of State Police. Legal title 
12 to a firearm transferred to the Department of State Police 
13 under this subsection (e) is vested in the Department of 
14 State Police by operation of law if:
15   (i) the administrator cannot locate the owner of 
16 the firearm;
17   (ii) the owner of the firearm may not lawfully 
18 possess the firearm;
19   (iii) the apparent owner does not respond to notice 
20 published under Section 15-503 of this Act; or
21   (iv) the apparent owner responds to notice 
22 published under Section 15-502 and states that he or 
23 she no longer claims an interest in the firearm.
24  (3) With respect to a firearm whose title is 
25 transferred to the Department of State Police under this 
26 subsection (e), the Department of State Police may:
 
 
HB3818- 316 -LRB101 11428 SLF 57060 b


1   (i) retain the firearm for use by the crime 
2 laboratory system, for training purposes, or for any 
3 other application as deemed appropriate by the 
4 Department;
5   (ii) transfer the firearm to the Illinois State 
6 Museum if the firearm has historical value; or
7   (iii) destroy the firearm if it is not retained 
8 pursuant to subparagraph (i) or transferred pursuant 
9 to subparagraph (ii).
10 As used in this subsection, "firearm" has the meaning 
11provided in Section 2-7.5 of the Criminal Code of 2012 the 
12Firearm Owners Identification Card Act.

13(Source: P.A. 100-22, eff. 1-1-18.)

14 Section 999. Effective date. This Act takes effect January 
151, 2020.

                        
 
 
HB3818- 317 -LRB101 11428 SLF 57060 b


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
                               
 
 
HB3818- 318 -LRB101 11428 SLF 57060 b


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 5/102-7.1
26 725 ILCS 5/110-10from Ch. 38, par. 110-10
 
 
HB3818- 319 -LRB101 11428 SLF 57060 b