101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB2535

Introduced 1/28/2020, by Sen. Neil Anderson

SYNOPSIS AS INTRODUCED:

See Index

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

LRB101 16577 RLC 65961 b

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning firearms.

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

3 represented in the General Assembly:

4 Section 5. The Freedom of Information Act is amended by

5 changing Section 7.5 as follows:

6 (5 ILCS 140/7.5)

7 Sec. 7.5. Statutory exemptions. To the extent provided for

8 by the statutes referenced below, the following shall be exempt

9 from inspection and copying:

10 (a) All information determined to be confidential

11 under Section 4002 of the Technology Advancement and

12 Development Act.

13 (b) Library circulation and order records identifying

14 library users with specific materials under the Library

15 Records Confidentiality Act.

16 (c) Applications, related documents, and medical

17 records received by the Experimental Organ Transplantation

18 Procedures Board and any and all documents or other records

19 prepared by the Experimental Organ Transplantation

20 Procedures Board or its staff relating to applications it

21 has received.

22 (d) Information and records held by the Department of

23 Public Health and its authorized representatives relating

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1 to known or suspected cases of sexually transmissible

2 disease or any information the disclosure of which is

3 restricted under the Illinois Sexually Transmissible

4 Disease Control Act.

5 (e) Information the disclosure of which is exempted

6 under Section 30 of the Radon Industry Licensing Act.

7 (f) Firm performance evaluations under Section 55 of

8 the Architectural, Engineering, and Land Surveying

9 Qualifications Based Selection Act.

10 (g) Information the disclosure of which is restricted

11 and exempted under Section 50 of the Illinois Prepaid

12 Tuition Act.

13 (h) Information the disclosure of which is exempted

14 under the State Officials and Employees Ethics Act, and

15 records of any lawfully created State or local inspector

16 general's office that would be exempt if created or

17 obtained by an Executive Inspector General's office under

18 that Act.

19 (i) Information contained in a local emergency energy

20 plan submitted to a municipality in accordance with a local

21 emergency energy plan ordinance that is adopted under

22 Section 11-21.5-5 of the Illinois Municipal Code.

23 (j) Information and data concerning the distribution

24 of surcharge moneys collected and remitted by carriers

25 under the Emergency Telephone System Act.

26 (k) Law enforcement officer identification information

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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

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1 County Transit District under the Bi-State Transit Safety

2 Act.

3 (q) Information prohibited from being disclosed by the

4 Personnel Record 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

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1 for or received Firearm Owner's Identification Cards under

2 the Firearm Owners Identification Card Act before the

3 effective date of this amendatory Act of the 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

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1 Council under Section 15 of the Adult Protective Services

2 Act.

3 (aa) Information which is exempted from disclosure

4 under Section 2.37 of the Wildlife Code.

5 (bb) Information which is or was prohibited from

6 disclosure by the Juvenile Court Act of 1987.

7 (cc) Recordings made under the Law Enforcement

8 Officer-Worn Body Camera Act, except to the extent

9 authorized under that Act.

10 (dd) Information that is prohibited from being

11 disclosed under Section 45 of the Condominium and Common

12 Interest Community Ombudsperson Act.

13 (ee) 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

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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) Records that are exempt from disclosure under

10 Section 4.2 of the Crime Victims Compensation Act.

11 (nn) Information that is exempt from disclosure under

12 Section 70 of the Higher Education Student Assistance Act.

13 (oo) Communications, notes, records, and reports

14 arising out of a peer support counseling session prohibited

15 from disclosure under the First Responders Suicide

16 Prevention Act.

17 (pp) Names and all identifying information relating to

18 an employee of an emergency services provider or law

19 enforcement agency under the First Responders Suicide

20 Prevention Act.

21 (qq) Information and records held by the Department of

22 Public Health and its authorized representatives collected

23 under the Reproductive Health Act.

24 (rr) Information that is exempt from disclosure under

25 the Cannabis Regulation and Tax Act.

26 (ss) Data reported by an employer to the Department of

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1 Human Rights pursuant to Section 2-108 of the Illinois

2 Human Rights Act.

3 (tt) Recordings made under the Children's Advocacy

4 Center Act, except to the extent authorized under that Act.

5 (uu) Information that is exempt from disclosure under

6 Section 50 of the Sexual Assault Evidence Submission Act.

7 (vv) Information that is exempt from disclosure under

8 subsections (f) and (j) of Section 5-36 of the Illinois

9 Public Aid Code.

10 (ww) Information that is exempt from disclosure under

11 Section 16.8 of the State Treasurer Act.

12 (xx) Information that is exempt from disclosure or

13 information that shall not be made public under the

14 Illinois Insurance Code.

15 (yy) ~~(oo)~~ Information prohibited from being disclosed

16 under the Illinois Educational Labor Relations Act.

17 (zz) ~~(pp)~~ Information prohibited from being disclosed

18 under the Illinois Public Labor Relations Act.

19 (aaa) ~~(qq)~~ Information prohibited from being disclosed

20 under Section 1-167 of the Illinois Pension Code.

21 (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;

22 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.

23 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,

24 eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;

25 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.

26 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,

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1 eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;

2 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.

3 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; revised

4 1-6-20.)

5 Section 6. The Gun Trafficking Information Act is amended

6 by changing Section 10-5 as follows:

7 (5 ILCS 830/10-5)

8 Sec. 10-5. Gun trafficking information.

9 (a) The Department of State Police shall use all reasonable

10 efforts in making publicly available, on a regular and ongoing

11 basis, key information related to firearms used in the

12 commission of crimes in this State, including, but not limited

13 to: reports on crimes committed with firearms, locations where

14 the crimes occurred, the number of persons killed or injured in

15 the commission of the crimes, the state where the firearms used

16 originated, the Federal Firearms Licensee that sold the

17 firearm, and the type of firearms used. The Department shall

18 make the information available on its website, in addition to

19 electronically filing a report with the Governor and the

20 General Assembly. The report to the General Assembly shall be

21 filed with the Clerk of the House of Representatives and the

22 Secretary of the Senate in electronic form only, in the manner

23 that the Clerk and the Secretary shall direct.

24 (b) The Department shall study, on a regular and ongoing

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1 basis, and compile reports on the number of NICS ~~Firearm~~

2 ~~Owner's Identification Card~~ checks to determine firearms

3 trafficking or straw purchase patterns. The Department shall,

4 to the extent not inconsistent with law, share such reports and

5 underlying data with academic centers, foundations, and law

6 enforcement agencies studying firearms trafficking, provided

7 that personally identifying information is protected. ~~For~~

8 ~~purposes of this subsection (b), a Firearm Owner's~~

9 ~~Identification Card number is not personally identifying~~

10 ~~information, provided that no other personal information of the~~

11 ~~card holder is attached to the record. The Department may~~

12 ~~create and attach an alternate unique identifying number to~~

13 ~~each Firearm Owner's Identification Card number, instead of~~

14 ~~releasing the Firearm Owner's Identification Card number~~

15 ~~itself.~~

16 (c) Each department, office, division, and agency of this

17 State shall, to the extent not inconsistent with law, cooperate

18 fully with the Department and furnish the Department with all

19 relevant information and assistance on a timely basis as is

20 necessary to accomplish the purpose of this Act. The Illinois

21 Criminal Justice Information Authority shall submit the

22 information required in subsection (a) of this Section to the

23 Department of State Police, and any other information as the

24 Department may request, to assist the Department in carrying

25 out its duties under this Act.

26 (Source: P.A. 100-1178, eff. 1-18-19.)

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1 Section 7. The Department of Natural Resources

2 (Conservation) Law of the Civil Administrative Code of Illinois

3 is amended by changing Section 805-538 as follows:

4 (20 ILCS 805/805-538)

5 Sec. 805-538. Retiring officer; purchase of service

6 firearm and police badge. The Director of Natural Resources

7 shall establish a program to allow a Conservation Police

8 Officer who is honorably retiring in good standing to purchase

9 either one or both of the following: (1) any Department of

10 Natural Resources police badge previously issued to that

11 officer; or (2) ~~if the officer has a currently valid Firearm~~

12 ~~Owner's Identification Card,~~ the service firearm issued or

13 previously issued to the officer by the Department of Natural

14 Resources. The cost of the firearm shall be the replacement

15 value of the firearm and not the firearm's fair market value.

16 (Source: P.A. 100-931, eff. 8-17-18.)

17 Section 10. The Department of State Police Law of the Civil

18 Administrative Code of Illinois is amended by changing Sections

19 2605-45, 2605-300, and 2605-595 as follows:

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

21 Sec. 2605-45. Division of Justice Services. The Division of

22 Justice Services shall exercise the following functions:

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1 (1) (Blank).

2 (2) Pursue research and the publication of studies

3 pertaining to local law enforcement activities.

4 (3) (Blank).

5 (4) Operate an electronic data processing and computer

6 center for the storage and retrieval of data pertaining to

7 criminal activity.

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

9 the former Division of State Troopers by Section 17 of the

10 State Police Act.

11 (6) (Blank).

12 (6.5) (Blank). ~~Exercise the rights, powers, and duties~~

13 ~~vested in the Department by the Firearm Owners~~

14 ~~Identification Card Act.~~

15 (7) Exercise other duties that may be assigned by the

16 Director to fulfill the responsibilities and achieve the

17 purposes of the Department.

18 (8) Exercise the rights, powers, and duties vested by

19 law in the Department by the Criminal Identification Act.

20 (Source: P.A. 101-378, eff. 1-1-20.)

21 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)

22 Sec. 2605-300. Records; crime laboratories; personnel. To

23 do the following:

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

25 statistics for the State.

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1 (2) Be a central repository for criminal history record

2 information.

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

4 necessary and helpful to plan programs of crime prevention,

5 law enforcement, and criminal justice.

6 (4) Procure and file for record copies of fingerprints

7 that may be required by law.

8 (5) Establish general and field crime laboratories.

9 (6) Register and file for record information that may

10 be required by law for the issuance of ~~firearm owner's~~

11 ~~identification cards under the Firearm Owners~~

12 ~~Identification Card Act and~~ concealed carry licenses under

13 the Firearm Concealed Carry Act.

14 (7) Employ laboratory technicians and other specially

15 qualified persons to aid in the identification of criminal

16 activity, and may employ polygraph operators.

17 (8) Undertake other identification, information,

18 laboratory, statistical, or registration activities that

19 may be required by law.

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

21 (20 ILCS 2605/2605-595)

22 Sec. 2605-595. State Police Firearm Services Fund.

23 (a) There is created in the State treasury a special fund

24 known as the State Police Firearm Services Fund. The Fund shall

25 receive revenue under the Firearm Concealed Carry Act ~~and~~

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1 ~~Section 5 of the Firearm Owners Identification Card Act~~. The

2 Fund may also receive revenue from grants, pass-through grants,

3 donations, appropriations, and any other legal source.

4 (b) The Department of State Police may use moneys in the

5 Fund to finance any of its lawful purposes, mandates,

6 functions, and duties under ~~the Firearm Owners Identification~~

7 ~~Card Act and~~ the Firearm Concealed Carry Act, including the

8 cost of sending notices of expiration of ~~Firearm Owner's~~

9 ~~Identification Cards,~~ concealed carry licenses, the prompt and

10 efficient processing of applications under ~~the Firearm Owners~~

11 ~~Identification Card Act and~~ the Firearm Concealed Carry Act,

12 the improved efficiency and reporting of the LEADS and federal

13 NICS law enforcement data systems, and support for

14 investigations required under that Act ~~these Acts~~ and law. Any

15 surplus funds beyond what is needed to comply with the

16 aforementioned purposes shall be used by the Department to

17 improve the Law Enforcement Agencies Data System (LEADS) and

18 criminal history background check system.

19 (c) Investment income that is attributable to the

20 investment of moneys in the Fund shall be retained in the Fund

21 for the uses specified in this Section.

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

23 (20 ILCS 2605/2605-120 rep.)

24 (20 ILCS 2605/2605-610 rep.)

25 Section 15. The Department of State Police Law of the Civil

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1 Administrative Code of Illinois is amended by repealing

2 Sections 2605-120 and 2605-610.

3 Section 16. The State Police Act is amended by changing

4 Section 17b as follows:

5 (20 ILCS 2610/17b)

6 Sec. 17b. Retiring officer; purchase of service firearm and

7 police badge. The Director of State Police shall establish a

8 policy to allow a State Police officer who is honorably

9 retiring or separating in good standing to purchase either one

10 or both of the following: (i) any State Police badge previously

11 issued to that officer; or (ii) ~~if the officer has a currently~~

12 ~~valid Firearm Owner's Identification Card,~~ the service firearm

13 issued or previously issued to the officer by the Department of

14 State Police. The cost of the firearm purchased shall be the

15 replacement value of the firearm and not the firearm's fair

16 market value.

17 (Source: P.A. 100-931, eff. 8-17-18.)

18 Section 20. The Criminal Identification Act is amended by

19 changing Section 2.2 as follows:

20 (20 ILCS 2630/2.2)

21 Sec. 2.2. Notification to the Department. Upon judgment of

22 conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,

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1 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal

2 Code of 2012 when the defendant has been determined, pursuant

3 to Section 112A-11.1 of the Code of Criminal Procedure of 1963,

4 to be subject to the prohibitions of 18 U.S.C. 922(g)(9), the

5 circuit court clerk shall include notification and a copy of

6 the written determination in a report of the conviction to the

7 Department of State Police ~~Firearm Owner's Identification Card~~

8 ~~Office~~to enable theIllinois State Police ~~office~~ to perform

9 its duties under the Firearm Concealed Carry Act and ~~Sections 4~~

10 ~~and 8 of the Firearm Owners Identification Card Act and to~~

11 ~~report that determination to the Federal Bureau of~~

12 ~~Investigation~~ to assist the Federal Bureau of Investigation in

13 identifying persons prohibited from purchasing and possessing

14 a firearm pursuant to the provisions of 18 U.S.C. 922. The

15 written determination described in this Section shall be

16 included in the defendant's record of arrest and conviction in

17 the manner and form prescribed by the Department of State

18 Police.

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

20 Section 25. The State Finance Act is amended by changing

21 Section 6z-99 as follows:

22 (30 ILCS 105/6z-99)

23 Sec. 6z-99. The Mental Health Reporting Fund.

24 (a) There is created in the State treasury a special fund

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1 known as the Mental Health Reporting Fund. The Fund shall

2 receive revenue under the Firearm Concealed Carry Act. The Fund

3 may also receive revenue from grants, pass-through grants,

4 donations, appropriations, and any other legal source.

5 (b) The Department of State Police and Department of Human

6 Services shall coordinate to use moneys in the Fund to finance

7 their respective duties of collecting and reporting data on

8 mental health records and ensuring that mental health firearm

9 possession prohibitors are enforced as set forth under the

10 Firearm Concealed Carry Act ~~and the Firearm Owners~~

11 ~~Identification Card Act~~. Any surplus in the Fund beyond what is

12 necessary to ensure compliance with mental health reporting

13 under that Act ~~these Acts~~ shall be used by the Department of

14 Human Services for mental health treatment programs.

15 (c) Investment income that is attributable to the

16 investment of moneys in the Fund shall be retained in the Fund

17 for the uses specified in this Section.

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

19 Section 30. The Peace Officer Firearm Training Act is

20 amended by changing Section 1 as follows:

21 (50 ILCS 710/1) (from Ch. 85, par. 515)

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

23 (a) "Peace officer" means (i) any person who by virtue of

24 his office or public employment is vested by law with a primary

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1 duty to maintain public order or to make arrests for offenses,

2 whether that duty extends to all offenses or is limited to

3 specific offenses, and who is employed in such capacity by any

4 county or municipality or (ii) any retired law enforcement

5 officers qualified under federal law to carry a concealed

6 weapon.

7 (a-5) "Probation officer" means a county probation officer

8 authorized by the Chief Judge of the Circuit Court to carry a

9 firearm as part of his or her duties under Section 12 of the

10 Probation and Probation Officers Act and Section 24-2 of the

11 Criminal Code of 2012.

12 (b) "Firearms" means any weapon or device defined as a

13 firearm in Section2-7.5 of the Criminal Code of 2012 ~~1.1 of~~

14 ~~"An Act relating to the acquisition, possession and transfer of~~

15 ~~firearms and firearm ammunition, to provide a penalty for the~~

16 ~~violation thereof and to make an appropriation in connection~~

17 ~~therewith", approved August 3, 1967, as amended~~.

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

19 (50 ILCS 725/7.2 rep.)

20 Section 31. The Uniform Peace Officers' Disciplinary Act is

21 amended by repealing Section 7.2.

22 Section 35. The School Code is amended by changing Sections

23 10-22.6, 10-27.1A and 34-8.05 as follows:

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1 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)

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

3 searches.

4 (a) To expel pupils guilty of gross disobedience or

5 misconduct, including gross disobedience or misconduct

6 perpetuated by electronic means, pursuant to subsection (b-20)

7 of this Section, and no action shall lie against them for such

8 expulsion. Expulsion shall take place only after the parents

9 have been requested to appear at a meeting of the board, or

10 with a hearing officer appointed by it, to discuss their

11 child's behavior. Such request shall be made by registered or

12 certified mail and shall state the time, place and purpose of

13 the meeting. The board, or a hearing officer appointed by it,

14 at such meeting shall state the reasons for dismissal and the

15 date on which the expulsion is to become effective. If a

16 hearing officer is appointed by the board, he shall report to

17 the board a written summary of the evidence heard at the

18 meeting and the board may take such action thereon as it finds

19 appropriate. If the board acts to expel a pupil, the written

20 expulsion decision shall detail the specific reasons why

21 removing the pupil from the learning environment is in the best

22 interest of the school. The expulsion decision shall also

23 include a rationale as to the specific duration of the

24 expulsion. An expelled pupil may be immediately transferred to

25 an alternative program in the manner provided in Article 13A or

26 13B of this Code. A pupil must not be denied transfer because

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1 of the expulsion, except in cases in which such transfer is

2 deemed to cause a threat to the safety of students or staff in

3 the alternative program.

4 (b) To suspend or by policy to authorize the superintendent

5 of the district or the principal, assistant principal, or dean

6 of students of any school to suspend pupils guilty of gross

7 disobedience or misconduct, or to suspend pupils guilty of

8 gross disobedience or misconduct on the school bus from riding

9 the school bus, pursuant to subsections (b-15) and (b-20) of

10 this Section, and no action shall lie against them for such

11 suspension. The board may by policy authorize the

12 superintendent of the district or the principal, assistant

13 principal, or dean of students of any school to suspend pupils

14 guilty of such acts for a period not to exceed 10 school days.

15 If a pupil is suspended due to gross disobedience or misconduct

16 on a school bus, the board may suspend the pupil in excess of

17 10 school days for safety reasons.

18 Any suspension shall be reported immediately to the parents

19 or guardian of a pupil along with a full statement of the

20 reasons for such suspension and a notice of their right to a

21 review. The school board must be given a summary of the notice,

22 including the reason for the suspension and the suspension

23 length. Upon request of the parents or guardian, the school

24 board or a hearing officer appointed by it shall review such

25 action of the superintendent or principal, assistant

26 principal, or dean of students. At such review, the parents or

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1 guardian of the pupil may appear and discuss the suspension

2 with the board or its hearing officer. If a hearing officer is

3 appointed by the board, he shall report to the board a written

4 summary of the evidence heard at the meeting. After its hearing

5 or upon receipt of the written report of its hearing officer,

6 the board may take such action as it finds appropriate. If a

7 student is suspended pursuant to this subsection (b), the board

8 shall, in the written suspension decision, detail the specific

9 act of gross disobedience or misconduct resulting in the

10 decision to suspend. The suspension decision shall also include

11 a rationale as to the specific duration of the suspension. A

12 pupil who is suspended in excess of 20 school days may be

13 immediately transferred to an alternative program in the manner

14 provided in Article 13A or 13B of this Code. A pupil must not

15 be denied transfer because of the suspension, except in cases

16 in which such transfer is deemed to cause a threat to the

17 safety of students or staff in the alternative program.

18 (b-5) Among the many possible disciplinary interventions

19 and consequences available to school officials, school

20 exclusions, such as out-of-school suspensions and expulsions,

21 are the most serious. School officials shall limit the number

22 and duration of expulsions and suspensions to the greatest

23 extent practicable, and it is recommended that they use them

24 only for legitimate educational purposes. To ensure that

25 students are not excluded from school unnecessarily, it is

26 recommended that school officials consider forms of

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1 non-exclusionary discipline prior to using out-of-school

2 suspensions or expulsions.

3 (b-10) Unless otherwise required by federal law or this

4 Code, school boards may not institute zero-tolerance policies

5 by which school administrators are required to suspend or expel

6 students for particular behaviors.

7 (b-15) Out-of-school suspensions of 3 days or less may be

8 used only if the student's continuing presence in school would

9 pose a threat to school safety or a disruption to other

10 students' learning opportunities. For purposes of this

11 subsection (b-15), "threat to school safety or a disruption to

12 other students' learning opportunities" shall be determined on

13 a case-by-case basis by the school board or its designee.

14 School officials shall make all reasonable efforts to resolve

15 such threats, address such disruptions, and minimize the length

16 of suspensions to the greatest extent practicable.

17 (b-20) Unless otherwise required by this Code,

18 out-of-school suspensions of longer than 3 days, expulsions,

19 and disciplinary removals to alternative schools may be used

20 only if other appropriate and available behavioral and

21 disciplinary interventions have been exhausted and the

22 student's continuing presence in school would either (i) pose a

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

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

25 interfere with the operation of the school. For purposes of

26 this subsection (b-20), "threat to the safety of other

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1 students, staff, or members of the school community" and

2 "substantially disrupt, impede, or interfere with the

3 operation of the school" shall be determined on a case-by-case

4 basis by school officials. For purposes of this subsection

5 (b-20), the determination of whether "appropriate and

6 available behavioral and disciplinary interventions have been

7 exhausted" shall be made by school officials. School officials

8 shall make all reasonable efforts to resolve such threats,

9 address such disruptions, and minimize the length of student

10 exclusions to the greatest extent practicable. Within the

11 suspension decision described in subsection (b) of this Section

12 or the expulsion decision described in subsection (a) of this

13 Section, it shall be documented whether other interventions

14 were attempted or whether it was determined that there were no

15 other appropriate and available interventions.

16 (b-25) Students who are suspended out-of-school for longer

17 than 4 school days shall be provided appropriate and available

18 support services during the period of their suspension. For

19 purposes of this subsection (b-25), "appropriate and available

20 support services" shall be determined by school authorities.

21 Within the suspension decision described in subsection (b) of

22 this Section, it shall be documented whether such services are

23 to be provided or whether it was determined that there are no

24 such appropriate and available services.

25 A school district may refer students who are expelled to

26 appropriate and available support services.

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1 A school district shall create a policy to facilitate the

2 re-engagement of students who are suspended out-of-school,

3 expelled, or returning from an alternative school setting.

4 (b-30) A school district shall create a policy by which

5 suspended pupils, including those pupils suspended from the

6 school bus who do not have alternate transportation to school,

7 shall have the opportunity to make up work for equivalent

8 academic credit. It shall be the responsibility of a pupil's

9 parent or guardian to notify school officials that a pupil

10 suspended from the school bus does not have alternate

11 transportation to school.

12 (c) The Department of Human Services shall be invited to

13 send a representative to consult with the board at such meeting

14 whenever there is evidence that mental illness may be the cause

15 for expulsion or suspension.

16 (c-5) School districts shall make reasonable efforts to

17 provide ongoing professional development to teachers,

18 administrators, school board members, school resource

19 officers, and staff on the adverse consequences of school

20 exclusion and justice-system involvement, effective classroom

21 management strategies, culturally responsive discipline, the

22 appropriate and available supportive services for the

23 promotion of student attendance and engagement, and

24 developmentally appropriate disciplinary methods that promote

25 positive and healthy school climates.

26 (d) The board may expel a student for a definite period of

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1 time not to exceed 2 calendar years, as determined on a

2 case-by-case basis. A student who is determined to have brought

3 one of the following objects to school, any school-sponsored

4 activity or event, or any activity or event that bears a

5 reasonable relationship to school shall be expelled for a

6 period of not less than one year:

7 (1) A firearm. For the purposes of this Section,

8 "firearm" means any gun, rifle, shotgun, weapon as defined

9 by Section 921 of Title 18 of the United States Code,

10 firearm as defined in Section 2-7.5 ~~1.1 of the Firearm~~

11 ~~Owners Identification Card Act, or firearm as defined in~~

12 ~~Section 24-1~~ of the Criminal Code of 2012. The expulsion

13 period under this subdivision (1) may be modified by the

14 superintendent, and the superintendent's determination may

15 be modified by the board on a case-by-case basis.

16 (2) A knife, brass knuckles or other knuckle weapon

17 regardless of its composition, a billy club, or any other

18 object if used or attempted to be used to cause bodily

19 harm, including "look alikes" of any firearm as defined in

20 subdivision (1) of this subsection (d). The expulsion

21 requirement under this subdivision (2) may be modified by

22 the superintendent, and the superintendent's determination

23 may be modified by the board on a case-by-case basis.

24 Expulsion or suspension shall be construed in a manner

25 consistent with the federal Individuals with Disabilities

26 Education Act. A student who is subject to suspension or

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1 expulsion as provided in this Section may be eligible for a

2 transfer to an alternative school program in accordance with

3 Article 13A of the School Code.

4 (d-5) The board may suspend or by regulation authorize the

5 superintendent of the district or the principal, assistant

6 principal, or dean of students of any school to suspend a

7 student for a period not to exceed 10 school days or may expel

8 a student for a definite period of time not to exceed 2

9 calendar years, as determined on a case-by-case basis, if (i)

10 that student has been determined to have made an explicit

11 threat on an Internet website against a school employee, a

12 student, or any school-related personnel, (ii) the Internet

13 website through which the threat was made is a site that was

14 accessible within the school at the time the threat was made or

15 was available to third parties who worked or studied within the

16 school grounds at the time the threat was made, and (iii) the

17 threat could be reasonably interpreted as threatening to the

18 safety and security of the threatened individual because of his

19 or her duties or employment status or status as a student

20 inside the school.

21 (e) To maintain order and security in the schools, school

22 authorities may inspect and search places and areas such as

23 lockers, desks, parking lots, and other school property and

24 equipment owned or controlled by the school, as well as

25 personal effects left in those places and areas by students,

26 without notice to or the consent of the student, and without a

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1 search warrant. As a matter of public policy, the General

2 Assembly finds that students have no reasonable expectation of

3 privacy in these places and areas or in their personal effects

4 left in these places and areas. School authorities may request

5 the assistance of law enforcement officials for the purpose of

6 conducting inspections and searches of lockers, desks, parking

7 lots, and other school property and equipment owned or

8 controlled by the school for illegal drugs, weapons, or other

9 illegal or dangerous substances or materials, including

10 searches conducted through the use of specially trained dogs.

11 If a search conducted in accordance with this Section produces

12 evidence that the student has violated or is violating either

13 the law, local ordinance, or the school's policies or rules,

14 such evidence may be seized by school authorities, and

15 disciplinary action may be taken. School authorities may also

16 turn over such evidence to law enforcement authorities.

17 (f) Suspension or expulsion may include suspension or

18 expulsion from school and all school activities and a

19 prohibition from being present on school grounds.

20 (g) A school district may adopt a policy providing that if

21 a student is suspended or expelled for any reason from any

22 public or private school in this or any other state, the

23 student must complete the entire term of the suspension or

24 expulsion in an alternative school program under Article 13A of

25 this Code or an alternative learning opportunities program

26 under Article 13B of this Code before being admitted into the

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1 school district if there is no threat to the safety of students

2 or staff in the alternative program.

3 (h) School officials shall not advise or encourage students

4 to drop out voluntarily due to behavioral or academic

5 difficulties.

6 (i) A student may not be issued a monetary fine or fee as a

7 disciplinary consequence, though this shall not preclude

8 requiring a student to provide restitution for lost, stolen, or

9 damaged property.

10 (j) Subsections (a) through (i) of this Section shall apply

11 to elementary and secondary schools, charter schools, special

12 charter districts, and school districts organized under

13 Article 34 of this Code.

14 (k) The expulsion of children enrolled in programs funded

15 under Section 1C-2 of this Code is subject to the requirements

16 under paragraph (7) of subsection (a) of Section 2-3.71 of this

17 Code.

18 (l) Beginning with the 2018-2019 school year, an in-school

19 suspension program provided by a school district for any

20 students in kindergarten through grade 12 may focus on

21 promoting non-violent conflict resolution and positive

22 interaction with other students and school personnel. A school

23 district may employ a school social worker or a licensed mental

24 health professional to oversee an in-school suspension program

25 in kindergarten through grade 12.

26 (Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19;

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1 100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff.

2 7-12-19.)

3 (105 ILCS 5/10-27.1A)

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

5 (a) All school officials, including teachers, guidance

6 counselors, and support staff, shall immediately notify the

7 office of the principal in the event that they observe any

8 person in possession of a firearm on school grounds; provided

9 that taking such immediate action to notify the office of the

10 principal would not immediately endanger the health, safety, or

11 welfare of students who are under the direct supervision of the

12 school official or the school official. If the health, safety,

13 or welfare of students under the direct supervision of the

14 school official or of the school official is immediately

15 endangered, the school official shall notify the office of the

16 principal as soon as the students under his or her supervision

17 and he or she are no longer under immediate danger. A report is

18 not required by this Section when the school official knows

19 that the person in possession of the firearm is a law

20 enforcement official engaged in the conduct of his or her

21 official duties. Any school official acting in good faith who

22 makes such a report under this Section shall have immunity from

23 any civil or criminal liability that might otherwise be

24 incurred as a result of making the report. The identity of the

25 school official making such report shall not be disclosed

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1 except as expressly and specifically authorized by law.

2 Knowingly and willfully failing to comply with this Section is

3 a petty offense. A second or subsequent offense is a Class C

4 misdemeanor.

5 (b) Upon receiving a report from any school official

6 pursuant to this Section, or from any other person, the

7 principal or his or her designee shall immediately notify a

8 local law enforcement agency. If the person found to be in

9 possession of a firearm on school grounds is a student, the

10 principal or his or her designee shall also immediately notify

11 that student's parent or guardian. Any principal or his or her

12 designee acting in good faith who makes such reports under this

13 Section shall have immunity from any civil or criminal

14 liability that might otherwise be incurred or imposed as a

15 result of making the reports. Knowingly and willfully failing

16 to comply with this Section is a petty offense. A second or

17 subsequent offense is a Class C misdemeanor. If the person

18 found to be in possession of the firearm on school grounds is a

19 minor, the law enforcement agency shall detain that minor until

20 such time as the agency makes a determination pursuant to

21 clause (a) of subsection (1) of Section 5-401 of the Juvenile

22 Court Act of 1987, as to whether the agency reasonably believes

23 that the minor is delinquent. If the law enforcement agency

24 determines that probable cause exists to believe that the minor

25 committed a violation of item (4) of subsection (a) of Section

26 24-1 of the Criminal Code of 2012 while on school grounds, the

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1 agency shall detain the minor for processing pursuant to

2 Section 5-407 of the Juvenile Court Act of 1987.

3 (c) On or after January 1, 1997, upon receipt of any

4 written, electronic, or verbal report from any school personnel

5 regarding a verified incident involving a firearm in a school

6 or on school owned or leased property, including any conveyance

7 owned, leased, or used by the school for the transport of

8 students or school personnel, the superintendent or his or her

9 designee shall report all such firearm-related incidents

10 occurring in a school or on school property to the local law

11 enforcement authorities immediately and to the Department of

12 State Police in a form, manner, and frequency as prescribed by

13 the Department of State Police.

14 The State Board of Education shall receive an annual

15 statistical compilation and related data associated with

16 incidents involving firearms in schools from the Department of

17 State Police. The State Board of Education shall compile this

18 information by school district and make it available to the

19 public.

20 (d) As used in this Section, the term "firearm" shall have

21 the meaning ascribed to it in Section2-7.5 of the Criminal

22 Code of 2012 ~~1.1 of the Firearm Owners Identification Card Act~~.

23 As used in this Section, the term "school" means any public

24 or private elementary or secondary school.

25 As used in this Section, the term "school grounds" includes

26 the real property comprising any school, any conveyance owned,

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1 leased, or contracted by a school to transport students to or

2 from school or a school-related activity, or any public way

3 within 1,000 feet of the real property comprising any school.

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

5 (105 ILCS 5/34-8.05)

6 Sec. 34-8.05. Reporting firearms in schools. On or after

7 January 1, 1997, upon receipt of any written, electronic, or

8 verbal report from any school personnel regarding a verified

9 incident involving a firearm in a school or on school owned or

10 leased property, including any conveyance owned, leased, or

11 used by the school for the transport of students or school

12 personnel, the general superintendent or his or her designee

13 shall report all such firearm-related incidents occurring in a

14 school or on school property to the local law enforcement

15 authorities no later than 24 hours after the occurrence of the

16 incident and to the Department of State Police in a form,

17 manner, and frequency as prescribed by the Department of State

18 Police.

19 The State Board of Education shall receive an annual

20 statistical compilation and related data associated with

21 incidents involving firearms in schools from the Department of

22 State Police. As used in this Section, the term "firearm" shall

23 have the meaning ascribed to it in Section 2-7.5 of the

24 Criminal Code of 2012~~1.1 of the Firearm Owners Identification~~

25 ~~Card Act~~.

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

2 Section 40. The Illinois Explosives Act is amended by

3 changing Section 2005 as follows:

4 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)

5 Sec. 2005. Qualifications for licensure.

6 (a) No person shall qualify to hold a license who:

7 (1) is under 21 years of age;

8 (2) has been convicted in any court of a crime

9 punishable by imprisonment for a term exceeding one year;

10 (3) is under indictment for a crime punishable by

11 imprisonment for a term exceeding one year;

12 (4) is a fugitive from justice;

13 (5) is an unlawful user of or addicted to any

14 controlled substance as defined in Section 102 of the

15 federal Controlled Substances Act (21 U.S.C. Sec. 802 et

16 seq.);

17 (6) has been adjudicated a person with a mental

18 disability as defined in Section 6-103.1 of the Mental

19 Health and Developmental Disabilities Code ~~1.1 of the~~

20 ~~Firearm Owners Identification Card Act~~; or

21 (7) is not a legal citizen of the United States or

22 lawfully admitted for permanent residence.

23 (b) A person who has been granted a "relief from

24 disabilities" regarding criminal convictions and indictments,

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1 pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.

2 845) may receive a license provided all other qualifications

3 under this Act are met.

4 (Source: P.A. 101-541, eff. 8-23-19.)

5 Section 45. The Private Detective, Private Alarm, Private

6 Security, and Locksmith Act of 2004 is amended by changing

7 Sections 35-30 and 35-35 as follows:

8 (225 ILCS 447/35-30)

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

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

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

12 permanent employee registration card. The holder of an agency

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

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

15 employees under the following provisions:

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

17 registration card who:

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

19 (2) Is younger than 21 years of age if the services

20 will include being armed.

21 (3) Has been determined by the Department to be unfit

22 by reason of conviction of an offense in this or another

23 state, including registration as a sex offender, but not

24 including a traffic offense. Persons convicted of felonies

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1 involving bodily harm, weapons, violence, or theft within

2 the previous 10 years shall be presumed to be unfit for

3 registration. The Department shall adopt rules for making

4 those determinations that shall afford the applicant due

5 process of law.

6 (4) Has had a license or permanent employee

7 registration card denied, suspended, or revoked under this

8 Act (i) within one year before the date the person's

9 application for permanent employee registration card is

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

11 suspension, or revocation was based on any provision of

12 this Act other than Section 40-50, item (6) or (8) of

13 subsection (a) of Section 15-10, subsection (b) of Section

14 15-10, item (6) or (8) of subsection (a) of Section 20-10,

15 subsection (b) of Section 20-10, item (6) or (8) of

16 subsection (a) of Section 25-10, subsection (b) of Section

17 25-10, item (7) of subsection (a) of Section 30-10,

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

19 (5) Has been declared incompetent by any court of

20 competent jurisdiction by reason of mental disease or

21 defect and has not been restored.

22 (6) Has been dishonorably discharged from the armed

23 services of the United States.

24 (b) No person may be employed by a private detective

25 agency, private security contractor agency, private alarm

26 contractor agency, fingerprint vendor agency, or locksmith

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1 agency under this Section until he or she has executed and

2 furnished to the employer, on forms furnished by the

3 Department, a verified statement to be known as "Employee's

4 Statement" setting forth:

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

6 (2) The business or occupation engaged in for the 5

7 years immediately before the date of the execution of the

8 statement, the place where the business or occupation was

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

10 (3) That the person has not had a license or employee

11 registration denied, revoked, or suspended under this Act

12 (i) within one year before the date the person's

13 application for permanent employee registration card is

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

15 suspension, or revocation was based on any provision of

16 this Act other than Section 40-50, item (6) or (8) of

17 subsection (a) of Section 15-10, subsection (b) of Section

18 15-10, item (6) or (8) of subsection (a) of Section 20-10,

19 subsection (b) of Section 20-10, item (6) or (8) of

20 subsection (a) of Section 25-10, subsection (b) of Section

21 25-10, item (7) of subsection (a) of Section 30-10,

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

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

24 (5) Any declaration of incompetence by a court of

25 competent jurisdiction that has not been restored.

26 (6) Any dishonorable discharge from the armed services

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1 of the United States.

2 (7) Any other information as may be required by any

3 rule of the Department to show the good character,

4 competency, and integrity of the person executing the

5 statement.

6 (c) Each applicant for a permanent employee registration

7 card shall have his or her fingerprints submitted to the

8 Department of State Police in an electronic format that

9 complies with the form and manner for requesting and furnishing

10 criminal history record information as prescribed by the

11 Department of State Police. These fingerprints shall be checked

12 against the Department of State Police and Federal Bureau of

13 Investigation criminal history record databases now and

14 hereafter filed. The Department of State Police shall charge

15 applicants a fee for conducting the criminal history records

16 check, which shall be deposited in the State Police Services

17 Fund and shall not exceed the actual cost of the records check.

18 The Department of State Police shall furnish, pursuant to

19 positive identification, records of Illinois convictions to

20 the Department. The Department may require applicants to pay a

21 separate fingerprinting fee, either to the Department or

22 directly to the vendor. The Department, in its discretion, may

23 allow an applicant who does not have reasonable access to a

24 designated vendor to provide his or her fingerprints in an

25 alternative manner. The Department, in its discretion, may also

26 use other procedures in performing or obtaining criminal

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1 background checks of applicants. Instead of submitting his or

2 her fingerprints, an individual may submit proof that is

3 satisfactory to the Department that an equivalent security

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

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

6 submit verification, on forms provided by the Department and

7 signed by his or her employer, of his or her previous full-time

8 employment as a peace officer.

9 (d) The Department shall issue a permanent employee

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

11 qualified applicants. The holder of a permanent employee

12 registration card shall carry the card at all times while

13 actually engaged in the performance of the duties of his or her

14 employment. Expiration and requirements for renewal of

15 permanent employee registration cards shall be established by

16 rule of the Department. Possession of a permanent employee

17 registration card does not in any way imply that the holder of

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

19 registration card is accompanied by the employee

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

21 (e) Each employer shall maintain a record of each employee

22 that is accessible to the duly authorized representatives of

23 the Department. The record shall contain the following

24 information:

25 (1) A photograph taken within 10 days of the date that

26 the employee begins employment with the employer. The

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1 photograph shall be replaced with a current photograph

2 every 3 calendar years.

3 (2) The Employee's Statement specified in subsection

4 (b) of this Section.

5 (3) All correspondence or documents relating to the

6 character and integrity of the employee received by the

7 employer from any official source or law enforcement

8 agency.

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

10 identification card of that person issued under subsection

11 (f) of this Section. Each employee record shall duly note

12 if the employee is employed in an armed capacity. Armed

13 employee files shall contain~~a copy of an active firearm~~

14 ~~owner's identification card and~~a copy of an active firearm

15 control card. Each employer shall maintain a record for

16 each armed employee of each instance in which the

17 employee's weapon was discharged during the course of his

18 or her professional duties or activities. The record shall

19 be maintained on forms provided by the Department, a copy

20 of which must be filed with the Department within 15 days

21 of an instance. The record shall include the date and time

22 of the occurrence, the circumstances involved in the

23 occurrence, and any other information as the Department may

24 require. Failure to provide this information to the

25 Department or failure to maintain the record as a part of

26 each armed employee's permanent file is grounds for

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1 disciplinary action. The Department, upon receipt of a

2 report, shall have the authority to make any investigation

3 it considers appropriate into any occurrence in which an

4 employee's weapon was discharged and to take disciplinary

5 action as may be appropriate.

6 (5) A copy of the employee's permanent employee

7 registration card or a copy of the Department's "License

8 Lookup" Webpage showing that the employee has been issued a

9 valid permanent employee registration card by the

10 Department.

11 The Department may, by rule, prescribe further record

12 requirements.

13 (f) Every employer shall furnish an employee

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

15 employee identification card shall contain a recent photograph

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

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

18 description, the signature of the employer, the signature of

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

20 identification card number.

21 (g) No employer may issue an employee identification card

22 to any person who is not employed by the employer in accordance

23 with this Section or falsely state or represent that a person

24 is or has been in his or her employ. It is unlawful for an

25 applicant for registered employment to file with the Department

26 the fingerprints of a person other than himself or herself.

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1 (h) Every employer shall obtain the identification card of

2 every employee who terminates employment with him or her.

3 (i) Every employer shall maintain a separate roster of the

4 names of all employees currently working in an armed capacity

5 and submit the roster to the Department on request.

6 (j) No agency may employ any person to perform a licensed

7 activity under this Act unless the person possesses a valid

8 permanent employee registration card or a valid license under

9 this Act, or is exempt pursuant to subsection (n).

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

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

12 the following conditions are met:

13 (1) The agency completes in its entirety and submits to

14 the Department an application for a permanent employee

15 registration card, including the required fingerprint

16 receipt and fees.

17 (2) The agency has verification from the Department

18 that the applicant has no record of any criminal conviction

19 pursuant to the criminal history check conducted by the

20 Department of State Police. The agency shall maintain the

21 verification of the results of the Department of State

22 Police criminal history check as part of the employee

23 record as required under subsection (e) of this Section.

24 (3) The agency exercises due diligence to ensure that

25 the person is qualified under the requirements of the Act

26 to be issued a permanent employee registration card.

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1 (4) The agency maintains a separate roster of the names

2 of all employees whose applications are currently pending

3 with the Department and submits the roster to the

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

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

6 An agency may employ only a permanent employee applicant

7 for which it either submitted a permanent employee application

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

9 Department that a permanent employee application and all

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

11 licensee or the permanent employee and all other requirements

12 of this Section are met.

13 The Department shall have the authority to revoke, without

14 a hearing, the temporary authority of an individual to work

15 upon receipt of Federal Bureau of Investigation fingerprint

16 data or a report of another official authority indicating a

17 criminal conviction. If the Department has not received a

18 temporary employee's Federal Bureau of Investigation

19 fingerprint data within 120 days of the date the Department

20 received the Department of State Police fingerprint data, the

21 Department may, at its discretion, revoke the employee's

22 temporary authority to work with 15 days written notice to the

23 individual and the employing agency.

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

25 if it knows or reasonably should have known that the person has

26 been convicted of a crime under the laws of this State, has

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1 been convicted in another state of any crime that is a crime

2 under the laws of this State, has been convicted of any crime

3 in a federal court, or has been posted as an unapproved

4 applicant by the Department. Notice by the Department to the

5 agency, via certified mail, personal delivery, electronic

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

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

8 shall be deemed constructive knowledge of the conviction on the

9 part of the agency. The Department may adopt rules to implement

10 this subsection (k).

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

12 capacity if:

13 (1) the person, while so employed, is being paid by the

14 United States or any political subdivision for the time so

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

16 from the employer; or

17 (2) the person wears any portion of his or her official

18 uniform, emblem of authority, or equipment while so

19 employed.

20 (m) If information is discovered affecting the

21 registration of a person whose fingerprints were submitted

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

23 that submitted the fingerprints on behalf of that person.

24 (n) Peace officers shall be exempt from the requirements of

25 this Section relating to permanent employee registration

26 cards. The agency shall remain responsible for any peace

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1 officer employed under this exemption, regardless of whether

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

3 independent contractor and as further defined by rule.

4 (o) Persons who have no access to confidential or security

5 information, who do not go to a client's or prospective

6 client's residence or place of business, and who otherwise do

7 not provide traditional security services are exempt from

8 employee registration. Examples of exempt employees include,

9 but are not limited to, employees working in the capacity of

10 ushers, directors, ticket takers, cashiers, drivers, and

11 reception personnel. Confidential or security information is

12 that which pertains to employee files, scheduling, client

13 contracts, or technical security and alarm data.

14 (p) An applicant who is 21 years of age or older seeking a

15 religious exemption to the photograph requirement of this

16 Section shall furnish with the application an approved copy of

17 United States Department of the Treasury Internal Revenue

18 Service Form 4029. Regardless of age, an applicant seeking a

19 religious exemption to this photograph requirement shall

20 submit fingerprints in a form and manner prescribed by the

21 Department with his or her application in lieu of a photograph.

22 (Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)

23 (225 ILCS 447/35-35)

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

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

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

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

3 those duties without complying with the provisions of this

4 Section and having been issued a valid firearm control card by

5 the Department.

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

7 duties for which licensure or employee registration is required

8 and allow that person to carry a firearm unless that person has

9 complied with all the firearm training requirements of this

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

11 permits only the following to carry firearms while actually

12 engaged in the performance of their duties or while commuting

13 directly to or from their places of employment: persons

14 licensed as private detectives and their registered employees;

15 persons licensed as private security contractors and their

16 registered employees; persons licensed as private alarm

17 contractors and their registered employees; and employees of a

18 registered armed proprietary security force.

19 (c) Possession of a valid firearm control card allows a

20 licensee or employee to carry a firearm not otherwise

21 prohibited by law while the licensee or employee is engaged in

22 the performance of his or her duties or while the licensee or

23 employee is commuting directly to or from the licensee's or

24 employee's place or places of employment.

25 (d) The Department shall issue a firearm control card to a

26 person who has passed an approved firearm training course, who

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1 is currently licensed or employed by an agency licensed by this

2 Act and has met all the requirements of this Act, and who is

3 not prohibited under State or federal law from possessing a

4 firearm~~possesses a valid firearm owner identification card~~.

5 Application for the firearm control card shall be made by the

6 employer to the Department on forms provided by the Department.

7 The Department shall forward the card to the employer who shall

8 be responsible for its issuance to the licensee or employee.

9 The firearm control card shall be issued by the Department and

10 shall identify the person holding it and the name of the course

11 where the licensee or employee received firearm instruction and

12 shall specify the type of weapon or weapons the person is

13 authorized by the Department to carry and for which the person

14 has been trained.

15 (e) Expiration and requirements for renewal of firearm

16 control cards shall be determined by rule.

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

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

19 suspend, or revoke a firearm control card if the applicant or

20 holder has been convicted of any felony or crime involving the

21 illegal use, carrying, or possession of a deadly weapon or for

22 a violation of this Act or rules adopted ~~promulgated~~under this

23 Act. The Department shall refuse to issue or shall revoke a

24 firearm control card if the applicant or holder is prohibited

25 under State or federal law from possessing a firearm~~fails to~~

26 ~~possess a valid firearm owners identification card without~~

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1 ~~hearing~~. The Secretary shall summarily suspend a firearm

2 control card if the Secretary finds that its continued use

3 would constitute an imminent danger to the public. A hearing

4 shall be held before the Board within 30 days if the Secretary

5 summarily suspends a firearm control card.

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

7 contrary, all requirements relating to firearms control cards

8 do not apply to a peace officer. If an individual ceases to be

9 employed as a peace officer and continues to perform services

10 in an armed capacity under this Act that are licensed

11 activities, then the individual is required to obtain a

12 permanent employee registration card pursuant to Section 35-30

13 of this Act and must possess a valid Firearm Owner's

14 Identification Card, but is not required to obtain a firearm

15 control card if the individual is otherwise in continuing

16 compliance with the federal Law Enforcement Officers Safety Act

17 of 2004. If an individual elects to carry a firearm pursuant to

18 the federal Law Enforcement Officers Safety Act of 2004, then

19 the agency employing the officer is required to submit a notice

20 of that election to the Department along with a fee specified

21 by rule.

22 (h) The Department may issue a temporary firearm control

23 card pending issuance of a new firearm control card upon an

24 agency's acquiring of an established armed account. An agency

25 that has acquired armed employees as a result of acquiring an

26 established armed account may, on forms supplied by the

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1 Department, request the issuance of a temporary firearm control

2 card for each acquired employee who held a valid firearm

3 control card under his or her employment with the newly

4 acquired established armed account immediately preceding the

5 acquiring of the account and who continues to meet all of the

6 qualifications for issuance of a firearm control card set forth

7 in this Act and any rules adopted under this Act. The

8 Department shall, by rule, set the fee for issuance of a

9 temporary firearm control card.

10 (i) The Department shall not issue a firearm control card

11 to a licensed fingerprint vendor or a licensed locksmith or

12 employees of a licensed fingerprint vendor agency or a licensed

13 locksmith agency.

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

15 Section 50. The Mental Health and Developmental

16 Disabilities Code is amended by changing Sections 6-103.1,

17 6-103.2, and 6-103.3 as follows:

18 (405 ILCS 5/6-103.1)

19 Sec. 6-103.1. Adjudication as a person with a mental

20 disability. When a person has been adjudicated as a person with

21 a mental disability ~~as defined in Section 1.1 of the Firearm~~

22 ~~Owners Identification Card Act~~, including, but not limited to,

23 an adjudication as a person with a disability as defined in

24 Section 11a-2 of the Probate Act of 1975, the court shall

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1 direct the circuit court clerk to notify the Department of

2 State Police~~, Firearm Owner's Identification (FOID) Office~~, in

3 a form and manner prescribed by the Department of State Police,

4 and shall forward a copy of the court order to the Department

5 no later than 7 days after the entry of the order. Upon receipt

6 of the order, the Department of State Police shall provide

7 notification to the National Instant Criminal Background Check

8 System. In this Section, "has been adjudicated as a mentally

9 disabled person" means the person is the subject of a

10 determination by a court, board, commission, or other lawful

11 authority that the person, as a result of marked subnormal

12 intelligence, or mental illness, mental impairment,

13 incompetency, condition, or disease:

14 (1) presents a clear and present danger to himself,

15 herself, or to others;

16 (2) lacks the mental capacity to manage his or her own

17 affairs or is adjudicated a disabled person as defined in

18 Section 11a-2 of the Probate Act of 1975;

19 (3) is not guilty in a criminal case by reason of

20 insanity, mental disease or defect;

21 (3.5) is guilty but mentally ill, as provided in

22 Section 5-2-6 of the Unified Code of Corrections;

23 (4) is unfit to stand trial in a criminal case;

24 (5) is not guilty by reason of lack of mental

25 responsibility under Articles 50a and 72b of the Uniform

26 Code of Military Justice, 10 U.S.C. 850a, 876b;

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1 (6) is a sexually violent person under subsection (f)

2 of Section 5 of the Sexually Violent Persons Commitment

3 Act;

4 (7) is a sexually dangerous person under the Sexually

5 Dangerous Persons Act;

6 (8) is unfit to stand trial under the Juvenile Court

7 Act of 1987;

8 (9) is not guilty by reason of insanity under the

9 Juvenile Court Act of 1987;

10 (10) is a person subject to involuntary admission on an

11 inpatient basis as defined in Section 1-119 of the Mental

12 Health and Developmental Disabilities Code;

13 (11) is a person subject to involuntary admission on an

14 outpatient basis as defined in Section 1-119.1 of the

15 Mental Health and Developmental Disabilities Code;

16 (12) is subject to judicial admission as set forth in

17 Section 4-500 of the Mental Health and Developmental

18 Disabilities Code; or

19 (13) is subject to the provisions of the Interstate

20 Agreements on Sexually Dangerous Persons Act.

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

22 (405 ILCS 5/6-103.2)

23 Sec. 6-103.2. Developmental disability; notice. If a

24 person 14 years old or older is determined to be a person with

25 a developmental disability by a physician, clinical

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1 psychologist, or qualified examiner, the physician, clinical

2 psychologist, or qualified examiner shall notify the

3 Department of Human Services within 7 days of making the

4 determination that the person has a developmental disability.

5 The Department of Human Services shall immediately update its

6 records and information relating to mental health and

7 developmental disabilities, and if appropriate, shall notify

8 the Department of State Police in a form and manner prescribed

9 by the Department of State Police. Information disclosed under

10 this Section shall remain privileged and confidential, and

11 shall not be redisclosed, except as required under clause

12 (e)(2) of Section 24-4.5 of the Criminal Code of 2012

13 ~~subsection (e) of Section 3.1 of the Firearm Owners~~

14 ~~Identification Card Act~~, nor used for any other purpose. The

15 method of providing this information shall guarantee that the

16 information is not released beyond that which is necessary for

17 the purpose of this Section and shall be provided by rule by

18 the Department of Human Services. The identity of the person

19 reporting under this Section shall not be disclosed to the

20 subject of the report.

21 The physician, clinical psychologist, or qualified

22 examiner making the determination and his or her employer may

23 not be held criminally, civilly, or professionally liable for

24 making or not making the notification required under this

25 Section, except for willful or wanton misconduct.

26 In this Section, "developmentally disabled" has the

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1 meaning ascribed to it in Section 12 of the Mental Health and

2 Developmental Disabilities Confidentiality Act.

3 In ~~For purposes of~~ this Section, "developmental

4 disability" means a disability which is attributable to any

5 other condition which results in impairment similar to that

6 caused by an intellectual disability and which requires

7 services similar to those required by intellectually disabled

8 persons. The disability must originate before the age of 18

9 years, be expected to continue indefinitely, and constitute a

10 substantial disability. This disability results, in the

11 professional opinion of a physician, clinical psychologist, or

12 qualified examiner, in significant functional limitations in 3

13 or more of the following areas of major life activity:

14 (i) self-care;

15 (ii) receptive and expressive language;

16 (iii) learning;

17 (iv) mobility; or

18 (v) self-direction.

19 "Determined to be a person with a developmental disability

20 by a physician, clinical psychologist, or qualified examiner"

21 means in the professional opinion of the physician, clinical

22 psychologist, or qualified examiner, a person is diagnosed,

23 assessed, or evaluated as having a developmental disability.

24 (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,

25 eff. 7-27-15; 99-642, eff. 7-28-16.)

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1 (405 ILCS 5/6-103.3)

2 Sec. 6-103.3. Clear and present danger; notice. If a person

3 is determined to pose a clear and present danger to himself,

4 herself, or to others by a physician, clinical psychologist, or

5 qualified examiner, whether employed by the State, by any

6 public or private mental health facility or part thereof, or by

7 a law enforcement official or a school administrator, then the

8 physician, clinical psychologist, qualified examiner shall

9 notify the Department of Human Services and a law enforcement

10 official or school administrator shall notify the Department of

11 State Police, within 24 hours of making the determination that

12 the person poses a clear and present danger. The Department of

13 Human Services shall immediately update its records and

14 information relating to mental health and developmental

15 disabilities, and if appropriate, shall notify the Department

16 of State Police in a form and manner prescribed by the

17 Department of State Police. Information disclosed under this

18 Section shall remain privileged and confidential, and shall not

19 be redisclosed, except as required under clause (e)(2) of

20 Section 24-4.5 of the Criminal Code of 2012 ~~subsection (e) of~~

21 ~~Section 3.1 of the Firearm Owners Identification Card Act~~, nor

22 used for any other purpose. The method of providing this

23 information shall guarantee that the information is not

24 released beyond that which is necessary for the purpose of this

25 Section and shall be provided by rule by the Department of

26 Human Services. The identity of the person reporting under this

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1 Section shall not be disclosed to the subject of the report.

2 The physician, clinical psychologist, qualified examiner, law

3 enforcement official, or school administrator making the

4 determination and his or her employer shall not be held

5 criminally, civilly, or professionally liable for making or not

6 making the notification required under this Section, except for

7 willful or wanton misconduct. This Section does not apply to a

8 law enforcement official, if making the notification under this

9 Section will interfere with an ongoing or pending criminal

10 investigation.

11 In ~~For the purposes of~~ this Section:

12 "Clear and present danger" means a person who:

13 (1) communicates a serious threat of physical

14 violence against a reasonably identifiable victim or

15 poses a clear and imminent risk of serious physical

16 injury to himself, herself, or another person as

17 determined by a physician, clinical psychologist, or

18 qualified examiner; or

19 (2) demonstrates threatening physical or verbal

20 behavior, such as violent, suicidal, or assaultive

21 threats, actions, or other behavior, as determined by a

22 physician, clinical psychologist, qualified examiner,

23 school administrator, or law enforcement official.

24 "Physician", "clinical psychologist", and "qualified

25 examiner" have the meanings ascribed to them in the Mental

26 Health and Developmental Disabilities Code ~~has the meaning~~

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1 ~~ascribed to it in Section 1.1 of the Firearm Owners~~

2 ~~Identification Card Act~~.

3 "Determined to pose a clear and present danger to

4 himself, herself, or to others by a physician, clinical

5 psychologist, or qualified examiner" means in the

6 professional opinion of the physician, clinical

7 psychologist, or qualified examiner, a person poses a clear

8 and present danger.

9 "School administrator" means the person required to

10 report under the School Administrator Reporting of Mental

11 Health Clear and Present Danger Determinations Law.

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

13 Section 55. The Lead Poisoning Prevention Act is amended by

14 changing Section 2 as follows:

15 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)

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

17 "Child care facility" means any structure used by a child

18 care provider licensed by the Department of Children and Family

19 Services or public or private school structure frequented by

20 children 6 years of age or younger.

21 "Childhood Lead Risk Questionnaire" means the

22 questionnaire developed by the Department for use by physicians

23 and other health care providers to determine risk factors for

24 children 6 years of age or younger residing in areas designated

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1 as low risk for lead exposure.

2 "Delegate agency" means a unit of local government or

3 health department approved by the Department to carry out the

4 provisions of this Act.

5 "Department" means the Department of Public Health.

6 "Director" means the Director of Public Health.

7 "Dwelling unit" means an individual unit within a

8 residential building used as living quarters for one household.

9 "Elevated blood lead level" means a blood lead level in

10 excess of the limits established under State rules.

11 "Exposed surface" means any interior or exterior surface of

12 a regulated facility.

13 "High risk area" means an area in the State determined by

14 the Department to be high risk for lead exposure for children 6

15 years of age or younger. The Department may consider, but is

16 not limited to, the following factors to determine a high risk

17 area: age and condition (using Department of Housing and Urban

18 Development definitions of "slum" and "blighted") of housing,

19 proximity to highway traffic or heavy local traffic or both,

20 percentage of housing determined as rental or vacant, proximity

21 to industry using lead, established incidence of elevated blood

22 lead levels in children, percentage of population living below

23 200% of federal poverty guidelines, and number of children

24 residing in the area who are 6 years of age or younger.

25 "Lead abatement" means any approved work practices that

26 will permanently eliminate lead exposure or remove the

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1 lead-bearing substances in a regulated facility. The

2 Department shall establish by rule which work practices are

3 approved or prohibited for lead abatement.

4 "Lead abatement contractor" means any person or entity

5 licensed by the Department to perform lead abatement and

6 mitigation.

7 "Lead abatement supervisor" means any person employed by a

8 lead abatement contractor and licensed by the Department to

9 perform lead abatement and lead mitigation and to supervise

10 lead workers who perform lead abatement and lead mitigation.

11 "Lead abatement worker" means any person employed by a lead

12 abatement contractor and licensed by the Department to perform

13 lead abatement and mitigation.

14 "Lead activities" means the conduct of any lead services,

15 including, lead inspection, lead risk assessment, lead

16 mitigation, or lead abatement work or supervision in a

17 regulated facility.

18 "Lead-bearing substance" means any item containing or

19 coated with lead such that the lead content is more than

20 six-hundredths of one percent (0.06%) lead by total weight; or

21 any dust on surfaces or in furniture or other nonpermanent

22 elements of the regulated facility; or any paint or other

23 surface coating material containing more than five-tenths of

24 one percent (0.5%) lead by total weight (calculated as lead

25 metal) in the total non-volatile content of liquid paint; or

26 lead-bearing substances containing greater than one milligram

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1 per square centimeter or any lower standard for lead content in

2 residential paint as may be established by federal law or rule;

3 or more than 1 milligram per square centimeter in the dried

4 film of paint or previously applied substance; or item or dust

5 on item containing lead in excess of the amount specified in

6 the rules authorized by this Act or a lower standard for lead

7 content as may be established by federal law or rule.

8 "Lead-bearing substance" does not include firearm ammunition

9 or components as defined by Section 2-7.1 of the Criminal Code

10 of 2012 ~~the Firearm Owners Identification Card Act~~.

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

12 immediate health hazard to humans.

13 "Lead hazard screen" means a lead risk assessment that

14 involves limited dust and paint sampling for lead-bearing

15 substances and lead hazards. This service is used as a

16 screening tool designed to determine if further lead

17 investigative services are required for the regulated

18 facility.

19 "Lead inspection" means a surface-by-surface investigation

20 to determine the presence of lead-based paint.

21 "Lead inspector" means an individual who has been trained

22 by a Department-approved training program and is licensed by

23 the Department to conduct lead inspections; to sample for the

24 presence of lead in paint, dust, soil, and water; and to

25 conduct compliance investigations.

26 "Lead mitigation" means the remediation, in a manner

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1 described in Section 9, of a lead hazard so that the

2 lead-bearing substance does not pose an immediate health hazard

3 to humans.

4 "Lead poisoning" means having an elevated blood lead level.

5 "Lead risk assessment" means an on-site investigation to

6 determine the existence, nature, severity, and location of lead

7 hazards. "Lead risk assessment" includes any lead sampling and

8 visual assessment associated with conducting a lead risk

9 assessment and lead hazard screen and all lead sampling

10 associated with compliance investigations.

11 "Lead risk assessor" means an individual who has been

12 trained by a Department-approved training program and is

13 licensed by the Department to conduct lead risk assessments,

14 lead inspections, and lead hazard screens; to sample for the

15 presence of lead in paint, dust, soil, water, and sources for

16 lead-bearing substances; and to conduct compliance

17 investigations.

18 "Lead training program provider" means any person

19 providing Department-approved lead training in Illinois to

20 individuals seeking licensure in accordance with the Act.

21 "Low risk area" means an area in the State determined by

22 the Department to be low risk for lead exposure for children 6

23 years of age or younger. The Department may consider the

24 factors named in "high risk area" to determine low risk areas.

25 "Owner" means any person, who alone, jointly, or severally

26 with others:

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

2 without actual possession of the regulated facility, or

3 (b) Has charge, care, or control of the regulated

4 facility as owner or agent of the owner, or as executor,

5 administrator, trustee, or guardian of the estate of the

6 owner.

7 "Person" means any individual, partnership, firm, company,

8 limited liability company, corporation, association, joint

9 stock company, trust, estate, political subdivision, State

10 agency, or any other legal entity, or their legal

11 representative, agent, or assign.

12 "Regulated facility" means a residential building or child

13 care facility.

14 "Residential building" means any room, group of rooms, or

15 other interior areas of a structure designed or used for human

16 habitation; common areas accessible by inhabitants; and the

17 surrounding property or structures.

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

19 (430 ILCS 65/Act rep.)

20 Section 60. The Firearm Owners Identification Card Act is

21 repealed.

22 Section 65. The Firearm Concealed Carry Act is amended by

23 changing Sections 25, 30, 40, 70, 80, and 105 as follows:

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1 (430 ILCS 66/25)

2 Sec. 25. Qualifications for a license.

3 The Department shall issue a license to an applicant

4 completing an application in accordance with Section 30 of this

5 Act if the person:

6 (1) is at least 21 years of age;

7 (2) ~~has a currently valid Firearm Owner's~~

8 ~~Identification Card and at the time of application meets~~

9 ~~the requirements for the issuance of a Firearm Owner's~~

10 ~~Identification Card and~~ is not prohibited under State or

11 ~~the Firearm Owners Identification Card Act or~~ federal law

12 from possessing or receiving a firearm;

13 (3) has not been convicted or found guilty in this

14 State or in any other state of:

15 (A) a misdemeanor involving the use or threat of

16 physical force or violence to any person within the 5

17 years preceding the date of the license application; or

18 (B) 2 or more violations related to driving while

19 under the influence of alcohol, other drug or drugs,

20 intoxicating compound or compounds, or any combination

21 thereof, within the 5 years preceding the date of the

22 license application;

23 (4) is not the subject of a pending arrest warrant,

24 prosecution, or proceeding for an offense or action that

25 could lead to disqualification to own or possess a firearm;

26 (5) has not been in residential or court-ordered

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1 treatment for alcoholism, alcohol detoxification, or drug

2 treatment within the 5 years immediately preceding the date

3 of the license application; and

4 (6) has completed firearms training and any education

5 component required under Section 75 of this Act.

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

7 (430 ILCS 66/30)

8 Sec. 30. Contents of license application.

9 (a) The license application shall be in writing, under

10 penalty of perjury, on a standard form adopted by the

11 Department and shall be accompanied by the documentation

12 required in this Section and the applicable fee. Each

13 application form shall include the following statement printed

14 in bold type: "Warning: Entering false information on this form

15 is punishable as perjury under Section 32-2 of the Criminal

16 Code of 2012."

17 (b) The application shall contain the following:

18 (1) the applicant's name, current address, date and

19 year of birth, place of birth, height, weight, hair color,

20 eye color, maiden name or any other name the applicant has

21 used or identified with, and any address where the

22 applicant resided for more than 30 days within the 10 years

23 preceding the date of the license application;

24 (2) the applicant's valid driver's license number or

25 valid state identification card number;

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1 (3) a waiver of the applicant's privacy and

2 confidentiality rights and privileges under all federal

3 and state laws, including those limiting access to juvenile

4 court, criminal justice, psychological, or psychiatric

5 records or records relating to any institutionalization of

6 the applicant, and an affirmative request that a person

7 having custody of any of these records provide it or

8 information concerning it to the Department. The waiver

9 only applies to records sought in connection with

10 determining whether the applicant qualifies for a license

11 to carry a concealed firearm under this Act~~, or whether the~~

12 ~~applicant remains in compliance with the Firearm Owners~~

13 ~~Identification Card Act~~;

14 (4) an affirmation that the applicant is not prohibited

15 under State or federal law from possessing or receiving a

16 firearm ~~possesses a currently valid Firearm Owner's~~

17 ~~Identification Card and card number if possessed or notice~~

18 ~~the applicant is applying for a Firearm Owner's~~

19 ~~Identification Card in conjunction with the license~~

20 ~~application~~;

21 (5) an affirmation that the applicant has not been

22 convicted or found guilty of:

23 (A) a felony;

24 (B) a misdemeanor involving the use or threat of

25 physical force or violence to any person within the 5

26 years preceding the date of the application; or

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1 (C) 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; and

6 (6) whether the applicant has failed a drug test for a

7 drug for which the applicant did not have a prescription,

8 within the previous year, and if so, the provider of the

9 test, the specific substance involved, and the date of the

10 test;

11 (7) written consent for the Department to review and

12 use the applicant's Illinois digital driver's license or

13 Illinois identification card photograph and signature;

14 (8) a full set of fingerprints submitted to the

15 Department in electronic format, provided the Department

16 may accept an application submitted without a set of

17 fingerprints in which case the Department shall be granted

18 30 days in addition to the 90 days provided under

19 subsection (e) of Section 10 of this Act to issue or deny a

20 license;

21 (9) a head and shoulder color photograph in a size

22 specified by the Department taken within the 30 days

23 preceding the date of the license application; and

24 (10) a photocopy of any certificates or other evidence

25 of compliance with the training requirements under this

26 Act.

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

2 (430 ILCS 66/40)

3 Sec. 40. Non-resident license applications.

4 (a) For the purposes of this Section, "non-resident" means

5 a person who has not resided within this State for more than 30

6 days and resides in another state or territory.

7 (b) The Department shall by rule allow for non-resident

8 license applications from any state or territory of the United

9 States with laws related to firearm ownership, possession, and

10 carrying, that are substantially similar to the requirements to

11 obtain a license under this Act.

12 (c) A resident of a state or territory approved by the

13 Department under subsection (b) of this Section may apply for a

14 non-resident license. The applicant shall apply to the

15 Department and must meet all of the qualifications established

16 in Section 25 of this Act~~, except for the Illinois residency~~

17 ~~requirement in item (xiv) of paragraph (2) of subsection (a) of~~

18 ~~Section 4 of the Firearm Owners Identification Card Act~~. The

19 applicant shall submit:

20 (1) the application and documentation required under

21 Section 30 of this Act and the applicable fee;

22 (2) a notarized document stating that the applicant:

23 (A) is eligible under federal law and the laws of

24 his or her state or territory of residence to own or

25 possess a firearm;

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1 (B) if applicable, has a license or permit to carry

2 a firearm or concealed firearm issued by his or her

3 state or territory of residence and attach a copy of

4 the license or permit to the application;

5 (C) understands Illinois laws pertaining to the

6 possession and transport of firearms; and

7 (D) acknowledges that the applicant is subject to

8 the jurisdiction of the Department and Illinois courts

9 for any violation of this Act;

10 (3) a photocopy of any certificates or other evidence

11 of compliance with the training requirements under Section

12 75 of this Act; and

13 (4) a head and shoulder color photograph in a size

14 specified by the Department taken within the 30 days

15 preceding the date of the application.

16 (d) In lieu of an Illinois driver's license or Illinois

17 identification card, a non-resident applicant shall provide

18 similar documentation from his or her state or territory of

19 residence. The applicant shall submit ~~In lieu of a valid~~

20 ~~Firearm Owner's Identification Card, the applicant shall~~

21 ~~submit documentation and information required by the~~

22 ~~Department to obtain a Firearm Owner's Identification Card,~~

23 ~~including~~ an affidavit that the non-resident meets the mental

24 health standards to obtain a firearm under Illinois law, and

25 the Department shall ensure that the applicant would meet the

26 eligibility criteria under State law to possess a firearm ~~to~~

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1 ~~obtain a Firearm Owner's Identification card~~ if he or she was a

2 resident of this State.

3 (e) Nothing in this Act shall prohibit a non-resident from

4 transporting a concealed firearm within his or her vehicle in

5 Illinois, if the concealed firearm remains within his or her

6 vehicle and the non-resident:

7 (1) is not prohibited from owning or possessing a

8 firearm under federal law;

9 (2) is eligible to carry a firearm in public under the

10 laws of his or her state or territory of residence, as

11 evidenced by the possession of a concealed carry license or

12 permit issued by his or her state of residence, if

13 applicable; and

14 (3) is not in possession of a license under this Act.

15 If the non-resident leaves his or her vehicle unattended,

16 he or she shall store the firearm within a locked vehicle or

17 locked container within the vehicle in accordance with

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

19 (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,

20 eff. 7-20-15.)

21 (430 ILCS 66/70)

22 Sec. 70. Violations.

23 (a) A license issued or renewed under this Act shall be

24 revoked if, at any time, the licensee is found to be ineligible

25 for a license under this Act or the licensee is prohibited from

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1 possessing a firearm under State or federal law ~~no longer meets~~

2 ~~the eligibility requirements of the Firearm Owners~~

3 ~~Identification Card Act~~.

4 (b) A license shall be suspended if an order of protection,

5 including an emergency order of protection, plenary order of

6 protection, or interim order of protection under Article 112A

7 of the Code of Criminal Procedure of 1963 or under the Illinois

8 Domestic Violence Act of 1986, or if a firearms restraining

9 order, including an emergency firearms restraining order,

10 under the Firearms Restraining Order Act, is issued against a

11 licensee for the duration of the order, or if the Department is

12 made aware of a similar order issued against the licensee in

13 any other jurisdiction. If an order of protection is issued

14 against a licensee, the licensee shall surrender the license,

15 as applicable, to the court at the time the order is entered or

16 to the law enforcement agency or entity serving process at the

17 time the licensee is served the order. The court, law

18 enforcement agency, or entity responsible for serving the order

19 of protection shall notify the Department within 7 days and

20 transmit the license to the Department.

21 (c) A license is invalid upon expiration of the license,

22 unless the licensee has submitted an application to renew the

23 license, and the applicant is otherwise eligible to possess a

24 license under this Act.

25 (d) A licensee shall not carry a concealed firearm while

26 under the influence of alcohol, other drug or drugs,

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1 intoxicating compound or combination of compounds, or any

2 combination thereof, under the standards set forth in

3 subsection (a) of Section 11-501 of the Illinois Vehicle Code.

4 A licensee in violation of this subsection (d) shall be

5 guilty of a Class A misdemeanor for a first or second violation

6 and a Class 4 felony for a third violation. The Department may

7 suspend a license for up to 6 months for a second violation and

8 shall permanently revoke a license for a third violation.

9 (e) Except as otherwise provided, a licensee in violation

10 of this Act shall be guilty of a Class B misdemeanor. A second

11 or subsequent violation is a Class A misdemeanor. The

12 Department may suspend a license for up to 6 months for a

13 second violation and shall permanently revoke a license for 3

14 or more violations of Section 65 of this Act. Any person

15 convicted of a violation under this Section shall pay a $150

16 fee to be deposited into the Mental Health Reporting Fund, plus

17 any applicable court costs or fees.

18 (f) A licensee convicted or found guilty of a violation of

19 this Act who has a valid license and is otherwise eligible to

20 carry a concealed firearm shall only be subject to the

21 penalties under this Section and shall not be subject to the

22 penalties under Section 21-6, paragraph (4), (8), or (10) of

23 subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)

24 of paragraph (3) of subsection (a) of Section 24-1.6 of the

25 Criminal Code of 2012. Except as otherwise provided in this

26 subsection, nothing in this subsection prohibits the licensee

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1 from being subjected to penalties for violations other than

2 those specified in this Act.

3 (g) A licensee whose license is revoked, suspended, or

4 denied shall, within 48 hours of receiving notice of the

5 revocation, suspension, or denial, surrender his or her

6 concealed carry license to the local law enforcement agency

7 where the person resides. The local law enforcement agency

8 shall provide the licensee a receipt and transmit the concealed

9 carry license to the Department of State Police. If the

10 licensee whose concealed carry license has been revoked,

11 suspended, or denied fails to comply with the requirements of

12 this subsection, the law enforcement agency where the person

13 resides may petition the circuit court to issue a warrant to

14 search for and seize the concealed carry license in the

15 possession and under the custody or control of the licensee

16 whose concealed carry license has been revoked, suspended, or

17 denied. The observation of a concealed carry license in the

18 possession of a person whose license has been revoked,

19 suspended, or denied constitutes a sufficient basis for the

20 arrest of that person for violation of this subsection. A

21 violation of this subsection is a Class A misdemeanor.

22 (h) (Blank). ~~A license issued or renewed under this Act~~

23 ~~shall be revoked if, at any time, the licensee is found~~

24 ~~ineligible for a Firearm Owner's Identification Card, or the~~

25 ~~licensee no longer possesses a valid Firearm Owner's~~

26 ~~Identification Card. A licensee whose license is revoked under~~

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1 ~~this subsection (h) shall surrender his or her concealed carry~~

2 ~~license as provided for in subsection (g) of this Section.~~

3 ~~This subsection shall not apply to a person who has filed~~

4 ~~an application with the State Police for renewal of a Firearm~~

5 ~~Owner's Identification Card and who is not otherwise ineligible~~

6 ~~to obtain a Firearm Owner's Identification Card.~~

7 (i) A certified firearms instructor who knowingly provides

8 or offers to provide a false certification that an applicant

9 has completed firearms training as required under this Act is

10 guilty of a Class A misdemeanor. A person guilty of a violation

11 of this subsection (i) is not eligible for court supervision.

12 The Department shall permanently revoke the firearms

13 instructor certification of a person convicted under this

14 subsection (i).

15 (Source: P.A. 100-607, eff. 1-1-19.)

16 (430 ILCS 66/80)

17 Sec. 80. Certified firearms instructors.

18 (a) Within 60 days of the effective date of this Act, the

19 Department shall begin approval of certified firearms

20 instructors and enter certified firearms instructors into an

21 online registry on the Department's website.

22 (b) A person who is not a certified firearms instructor

23 shall not teach applicant training courses or advertise or

24 otherwise represent courses they teach as qualifying their

25 students to meet the requirements to receive a license under

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1 this Act. Each violation of this subsection is a business

2 offense with a fine of at least $1,000 per violation.

3 (c) A person seeking to become a certified firearms

4 instructor shall:

5 (1) be at least 21 years of age;

6 (2) be a legal resident of the United States; and

7 (3) meet the requirements of Section 25 of this Act~~,~~

8 ~~except for the Illinois residency requirement in item (xiv)~~

9 ~~of paragraph (2) of subsection (a) of Section 4 of the~~

10 ~~Firearm Owners Identification Card Act~~; and any additional

11 uniformly applied requirements established by the

12 Department.

13 (d) A person seeking to become a certified firearms

14 instructor, in addition to the requirements of subsection (c)

15 of this Section, shall:

16 (1) possess a high school diploma or high school

17 equivalency certificate; and

18 (2) have at least one of the following valid firearms

19 instructor certifications:

20 (A) certification from a law enforcement agency;

21 (B) certification from a firearm instructor course

22 offered by a State or federal governmental agency;

23 (C) certification from a firearm instructor

24 qualification course offered by the Illinois Law

25 Enforcement Training Standards Board; or

26 (D) certification from an entity approved by the

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1 Department that offers firearm instructor education

2 and training in the use and safety of firearms.

3 (e) A person may have his or her firearms instructor

4 certification denied or revoked if he or she does not meet the

5 requirements to obtain a license under this Act, provides false

6 or misleading information to the Department, or has had a prior

7 instructor certification revoked or denied by the Department.

8 (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718,

9 eff. 1-1-15.)

10 (430 ILCS 66/105)

11 Sec. 105. Duty of school administrator. It is the duty of

12 the principal of a public elementary or secondary school, or

13 his or her designee, and the chief administrative officer of a

14 private elementary or secondary school or a public or private

15 community college, college, or university, or his or her

16 designee, to report to the Department of State Police when a

17 student is determined to pose a clear and present danger to

18 himself, herself, or to others, within 24 hours of the

19 determination as provided in Section 6-103.3 of the Mental

20 Health and Developmental Disabilities Code. "Clear and present

21 danger" has the meaning as provided in paragraph (2) of the

22 definition of "clear and present danger" in Section 6-103.3 of

23 the Mental Health and Developmental Disabilities Code ~~1.1 of~~

24 ~~the Firearm Owners Identification Card Act~~.

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

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1 Section 66. The Firearms Restraining Order Act is amended

2 by changing Sections 35 and 40 as follows:

3 (430 ILCS 67/35)

4 Sec. 35. Ex parte orders and emergency hearings.

5 (a) A petitioner may request an emergency firearms

6 restraining order by filing an affidavit or verified pleading

7 alleging that the respondent poses an immediate and present

8 danger of causing personal injury to himself, herself, or

9 another by having in his or her custody or control, purchasing,

10 possessing, or receiving a firearm. The petition shall also

11 describe the type and location of any firearm or firearms

12 presently believed by the petitioner to be possessed or

13 controlled by the respondent.

14 (b) If the respondent is alleged to pose an immediate and

15 present danger of causing personal injury to an intimate

16 partner, or an intimate partner is alleged to have been the

17 target of a threat or act of violence by the respondent, the

18 petitioner shall make a good faith effort to provide notice to

19 any and all intimate partners of the respondent. The notice

20 must include that the petitioner intends to petition the court

21 for an emergency firearms restraining order, and, if the

22 petitioner is a law enforcement officer, referral to relevant

23 domestic violence or stalking advocacy or counseling

24 resources, if appropriate. The petitioner shall attest to

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1 having provided the notice in the filed affidavit or verified

2 pleading. If, after making a good faith effort, the petitioner

3 is unable to provide notice to any or all intimate partners,

4 the affidavit or verified pleading should describe what efforts

5 were made.

6 (c) Every person who files a petition for an emergency

7 firearms restraining order, knowing the information provided

8 to the court at any hearing or in the affidavit or verified

9 pleading to be false, is guilty of perjury under Section 32-2

10 of the Criminal Code of 2012.

11 (d) An emergency firearms restraining order shall be issued

12 on an ex parte basis, that is, without notice to the

13 respondent.

14 (e) An emergency hearing held on an ex parte basis shall be

15 held the same day that the petition is filed or the next day

16 that the court is in session.

17 (f) If a circuit or associate judge finds probable cause to

18 believe that the respondent poses an immediate and present

19 danger of causing personal injury to himself, herself, or

20 another by having in his or her custody or control, purchasing,

21 possessing, or receiving a firearm, the circuit or associate

22 judge shall issue an emergency order.

23 (f-5) If the court issues an emergency firearms restraining

24 order, it shall, upon a finding of probable cause that the

25 respondent possesses firearms, issue a search warrant

26 directing a law enforcement agency to seize the respondent's

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1 firearms. The court may, as part of that warrant, direct the

2 law enforcement agency to search the respondent's residence and

3 other places where the court finds there is probable cause to

4 believe he or she is likely to possess the firearms.

5 (g) An emergency firearms restraining order shall require:

6 (1) the respondent to refrain from having in his or her

7 custody or control, purchasing, possessing, or receiving

8 additional firearms for the duration of the order; and

9 (2) the respondent to turn over to the local law

10 enforcement agency any ~~Firearm Owner's Identification Card~~

11 ~~and~~ concealed carry license in his or her possession. The

12 local law enforcement agency shall immediately mail the

13 ~~card and~~ concealed carry license to the Department of State

14 Police Firearm Services Bureau for safekeeping. The

15 firearm or firearms ~~and Firearm Owner's Identification~~

16 ~~Card~~ and concealed carry license, if unexpired, shall be

17 returned to the respondent after the firearms restraining

18 order is terminated or expired.

19 (h) Except as otherwise provided in subsection (h-5) of

20 this Section, upon expiration of the period of safekeeping, if

21 the firearms ~~or Firearm Owner's Identification Card~~ and

22 concealed carry license cannot be returned to the respondent

23 because the respondent cannot be located, fails to respond to

24 requests to retrieve the firearms, or is not lawfully eligible

25 to possess a firearm, upon petition from the local law

26 enforcement agency, the court may order the local law

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1 enforcement agency to destroy the firearms, use the firearms

2 for training purposes, or use the firearms for any other

3 application as deemed appropriate by the local law enforcement

4 agency.

5 (h-5) A respondent whose firearms have been turned over to

6 a local law enforcement agency ~~Firearm Owner's Identification~~

7 ~~Card has been revoked or suspended~~ may petition the court, if

8 the petitioner is present in court or has notice of the

9 respondent's petition, to transfer the respondent's firearm to

10 a person who is lawfully able to possess the firearm if the

11 person does not reside at the same address as the respondent.

12 Notice of the petition shall be served upon the person

13 protected by the emergency firearms restraining order. While

14 the order is in effect, the transferee who receives the

15 respondent's firearms must swear or affirm by affidavit that he

16 or she shall not transfer the firearm to the respondent or to

17 anyone residing in the same residence as the respondent.

18 (h-6) If a person other than the respondent claims title to

19 any firearms surrendered under this Section, he or she may

20 petition the court, if the petitioner is present in court or

21 has notice of the petition, to have the firearm returned to him

22 or her. If the court determines that person to be the lawful

23 owner of the firearm, the firearm shall be returned to him or

24 her, provided that:

25 (1) the firearm is removed from the respondent's

26 custody, control, or possession and the lawful owner agrees

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1 to store the firearm in a manner such that the respondent

2 does not have access to or control of the firearm; and

3 (2) the firearm is not otherwise unlawfully possessed

4 by the owner.

5 The person petitioning for the return of his or her firearm

6 must swear or affirm by affidavit that he or she: (i) is the

7 lawful owner of the firearm; (ii) shall not transfer the

8 firearm to the respondent; and (iii) will store the firearm in

9 a manner that the respondent does not have access to or control

10 of the firearm.

11 (i) In accordance with subsection (e) of this Section, the

12 court shall schedule a full hearing as soon as possible, but no

13 longer than 14 days from the issuance of an ex parte firearms

14 restraining order, to determine if a 6-month firearms

15 restraining order shall be issued. The court may extend an ex

16 parte order as needed, but not to exceed 14 days, to effectuate

17 service of the order or if necessary to continue protection.

18 The court may extend the order for a greater length of time by

19 mutual agreement of the parties.

20 (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)

21 (430 ILCS 67/40)

22 Sec. 40. Six-month orders.

23 (a) A petitioner may request a 6-month firearms restraining

24 order by filing an affidavit or verified pleading alleging that

25 the respondent poses a significant danger of causing personal

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1 injury to himself, herself, or another in the near future by

2 having in his or her custody or control, purchasing,

3 possessing, or receiving a firearm. The petition shall also

4 describe the number, types, and locations of any firearms

5 presently believed by the petitioner to be possessed or

6 controlled by the respondent.

7 (b) If the respondent is alleged to pose a significant

8 danger of causing personal injury to an intimate partner, or an

9 intimate partner is alleged to have been the target of a threat

10 or act of violence by the respondent, the petitioner shall make

11 a good faith effort to provide notice to any and all intimate

12 partners of the respondent. The notice must include that the

13 petitioner intends to petition the court for a 6-month firearms

14 restraining order, and, if the petitioner is a law enforcement

15 officer, referral to relevant domestic violence or stalking

16 advocacy or counseling resources, if appropriate. The

17 petitioner shall attest to having provided the notice in the

18 filed affidavit or verified pleading. If, after making a good

19 faith effort, the petitioner is unable to provide notice to any

20 or all intimate partners, the affidavit or verified pleading

21 should describe what efforts were made.

22 (c) Every person who files a petition for a 6-month

23 firearms restraining order, knowing the information provided

24 to the court at any hearing or in the affidavit or verified

25 pleading to be false, is guilty of perjury under Section 32-2

26 of the Criminal Code of 2012.

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1 (d) Upon receipt of a petition for a 6-month firearms

2 restraining order, the court shall order a hearing within 30

3 days.

4 (e) In determining whether to issue a firearms restraining

5 order under this Section, the court shall consider evidence

6 including, but not limited to, the following:

7 (1) The unlawful and reckless use, display, or

8 brandishing of a firearm by the respondent.

9 (2) The history of use, attempted use, or threatened

10 use of physical force by the respondent against another

11 person.

12 (3) Any prior arrest of the respondent for a felony

13 offense.

14 (4) Evidence of the abuse of controlled substances or

15 alcohol by the respondent.

16 (5) A recent threat of violence or act of violence by

17 the respondent directed toward himself, herself, or

18 another.

19 (6) A violation of an emergency order of protection

20 issued under Section 217 of the Illinois Domestic Violence

21 Act of 1986 or Section 112A-17 of the Code of Criminal

22 Procedure of 1963 or of an order of protection issued under

23 Section 214 of the Illinois Domestic Violence Act of 1986

24 or Section 112A-14 of the Code of Criminal Procedure of

25 1963.

26 (7) A pattern of violent acts or violent threats,

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1 including, but not limited to, threats of violence or acts

2 of violence by the respondent directed toward himself,

3 herself, or another.

4 (f) At the hearing, the petitioner shall have the burden of

5 proving, by clear and convincing evidence, that the respondent

6 poses a significant danger of personal injury to himself,

7 herself, or another by having in his or her custody or control,

8 purchasing, possessing, or receiving a firearm.

9 (g) If the court finds that there is clear and convincing

10 evidence to issue a firearms restraining order, the court shall

11 issue a firearms restraining order that shall be in effect for

12 6 months subject to renewal under Section 45 of this Act or

13 termination under that Section.

14 (g-5) If the court issues a 6-month firearms restraining

15 order, it shall, upon a finding of probable cause that the

16 respondent possesses firearms, issue a search warrant

17 directing a law enforcement agency to seize the respondent's

18 firearms. The court may, as part of that warrant, direct the

19 law enforcement agency to search the respondent's residence and

20 other places where the court finds there is probable cause to

21 believe he or she is likely to possess the firearms.

22 (h) A 6-month firearms restraining order shall require:

23 (1) the respondent to refrain from having in his or her

24 custody or control, purchasing, possessing, or receiving

25 additional firearms for the duration of the order; and

26 (2) the respondent to turn over to the local law

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1 enforcement agency any firearm ~~or Firearm Owner's~~

2 ~~Identification Card~~ and concealed carry license in his or

3 her possession. The local law enforcement agency shall

4 immediately mail the ~~card and~~ concealed carry license to

5 the Department of State Police Firearm Services Bureau for

6 safekeeping. The firearm or firearms ~~and Firearm Owner's~~

7 ~~Identification Card~~ and concealed carry license, if

8 unexpired, shall be returned to the respondent after the

9 firearms restraining order is terminated or expired.

10 (i) Except as otherwise provided in subsection (i-5) of

11 this Section, upon expiration of the period of safekeeping, if

12 the firearms ~~or Firearm Owner's Identification Card~~ cannot be

13 returned to the respondent because the respondent cannot be

14 located, fails to respond to requests to retrieve the firearms,

15 or is not lawfully eligible to possess a firearm, upon petition

16 from the local law enforcement agency, the court may order the

17 local law enforcement agency to destroy the firearms, use the

18 firearms for training purposes, or use the firearms for any

19 other application as deemed appropriate by the local law

20 enforcement agency.

21 (i-5) A respondent whose firearms have been turned over to

22 a local law enforcement agency ~~Firearm Owner's Identification~~

23 ~~Card has been revoked or suspended~~ may petition the court, if

24 the petitioner is present in court or has notice of the

25 respondent's petition, to transfer the respondent's firearm to

26 a person who is lawfully able to possess the firearm if the

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1 person does not reside at the same address as the respondent.

2 Notice of the petition shall be served upon the person

3 protected by the emergency firearms restraining order. While

4 the order is in effect, the transferee who receives the

5 respondent's firearms must swear or affirm by affidavit that he

6 or she shall not transfer the firearm to the respondent or to

7 anyone residing in the same residence as the respondent.

8 (i-6) If a person other than the respondent claims title to

9 any firearms surrendered under this Section, he or she may

10 petition the court, if the petitioner is present in court or

11 has notice of the petition, to have the firearm returned to him

12 or her. If the court determines that person to be the lawful

13 owner of the firearm, the firearm shall be returned to him or

14 her, provided that:

15 (1) the firearm is removed from the respondent's

16 custody, control, or possession and the lawful owner agrees

17 to store the firearm in a manner such that the respondent

18 does not have access to or control of the firearm; and

19 (2) the firearm is not otherwise unlawfully possessed

20 by the owner.

21 The person petitioning for the return of his or her firearm

22 must swear or affirm by affidavit that he or she: (i) is the

23 lawful owner of the firearm; (ii) shall not transfer the

24 firearm to the respondent; and (iii) will store the firearm in

25 a manner that the respondent does not have access to or control

26 of the firearm.

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1 (j) If the court does not issue a firearms restraining

2 order at the hearing, the court shall dissolve any emergency

3 firearms restraining order then in effect.

4 (k) When the court issues a firearms restraining order

5 under this Section, the court shall inform the respondent that

6 he or she is entitled to one hearing during the period of the

7 order to request a termination of the order, under Section 45

8 of this Act, and shall provide the respondent with a form to

9 request a hearing.

10 (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)

11 Section 70. The Firearm Dealer License Certification Act is

12 amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as

13 follows:

14 (430 ILCS 68/5-20)

15 Sec. 5-20. Additional licensee requirements.

16 (a) A certified licensee shall make a photo copy of a

17 buyer's or transferee's valid photo identification card

18 whenever a firearm sale transaction takes place. The photo copy

19 shall be attached to the documentation detailing the record of

20 sale.

21 (b) A certified licensee shall post in a conspicuous

22 position on the premises where the licensee conducts business a

23 sign that contains the following warning in block letters not

24 less than one inch in height:

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1 "With few exceptions enumerated in the Criminal Code of

2 2012 ~~Firearm Owners Identification Card Act~~, it is unlawful

3 for you to:

4 (A) store or leave an unsecured firearm in a place

5 where a child can obtain access to it;

6 (B) sell or transfer your firearm to someone else

7 without receiving approval for the transfer from the

8 Department of State Police, or

9 (C) fail to report the loss or theft of your

10 firearm to local law enforcement within 72 hours.".

11 This sign shall be created by the Department and made available

12 for printing or downloading from the Department's website.

13 (c) No retail location established after the effective date

14 of this Act shall be located within 500 feet of any school,

15 pre-school, or day care facility in existence at its location

16 before the retail location is established as measured from the

17 nearest corner of the building holding the retail location to

18 the corner of the school, pre-school, or day care facility

19 building nearest the retail location at the time the retail

20 location seeks licensure.

21 (Source: P.A. 100-1178, eff. 1-18-19.)

22 (430 ILCS 68/5-25)

23 Sec. 5-25. Exemptions. The provisions of this Act related

24 to the certification of a license do not apply to a person or

25 entity that engages in the following activities:

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1 (1) temporary transfers of firearms solely for use at

2 the location or on the premises where the transfer takes

3 place, such as transfers at a shooting range for use at

4 that location;

5 (2) temporary transfers of firearms solely for use

6 while in the presence of the transferor or transfers for

7 the purposes of firearm safety training by a firearms

8 safety training instructor;

9 (3) transfers of firearms among immediate family or

10 household members, as "immediate family or household

11 member" is defined in Section 3-2.7-10 of the Unified Code

12 of Corrections, provided that both the transferor and

13 transferee are not prohibited from possessing a firearm

14 under federal or State law ~~have a currently valid Firearm~~

15 ~~Owner's Identification Card; however, this paragraph (3)~~

16 ~~does not limit the familial gift exemption under paragraph~~

17 ~~(2) of subsection (a-15) of Section 3 of the Firearm Owners~~

18 ~~Identification Card Act~~;

19 (4) transfers by persons or entities acting under

20 operation of law or a court order;

21 (5) transfers by persons or entities liquidating all or

22 part of a collection. For purposes of this paragraph (5),

23 "collection" means 2 or more firearms which are of special

24 interest to collectors by reason of some quality other than

25 is associated with firearms intended for sporting use or as

26 offensive or defensive weapons;

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1 (6) transfers of firearms that have been rendered

2 permanently inoperable to a nonprofit historical society,

3 museum, or institutional collection;

4 (7) transfers by a law enforcement or corrections

5 agency or a law enforcement or corrections officer acting

6 within the course and scope of his or her official duties;

7 (8) (blank); ~~transfers to a State or local law~~

8 ~~enforcement agency by a person who has his or her Firearm~~

9 ~~Owner's Identification Card revoked;~~

10 (9) transfers of curios and relics, as defined under

11 federal law, between collectors licensed under subsection

12 (b) of Section 923 of the federal Gun Control Act of 1968;

13 (10) transfers by a person or entity licensed as an

14 auctioneer under the Auction License Act;

15 (10.5) transfers of firearms to a resident registered

16 competitor or attendee or non-resident registered

17 competitor or attendee by a licensed federal firearms

18 dealer under Section 923 of the federal Gun Control Act of

19 1968 at a competitive shooting event held at the World

20 Shooting and Recreational Complex that is sanctioned by a

21 national governing body; or

22 (11) transfers between a pawnshop and a customer which

23 amount to a bailment. For purposes of this paragraph (11),

24 "bailment" means the act of placing property in the custody

25 and control of another, by agreement in which the holder is

26 responsible for the safekeeping and return of the property.

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1 (Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)

2 (430 ILCS 68/5-40)

3 Sec. 5-40. Qualifications for operation.

4 (a) Each certified licensee shall submit with each

5 application for certification or renewal an affidavit to the

6 Department stating that each owner, employee, or other agent of

7 the certified licensee who sells or conducts transfers of

8 firearms for the certified licensee is at least 21 years of

9 age~~, has a currently valid Firearm Owner's Identification Card~~

10 and, for a renewal, has completed the training required under

11 Section 5-30. The affidavit must also contain the name ~~and~~

12 ~~Firearm Owner's Identification Card number~~ of each owner,

13 employee, or other agent who sells or conducts transfers of

14 firearms for the certified licensee. If an owner, employee, or

15 other agent of the certified licensee is not otherwise a

16 resident of this State, the certified licensee shall submit an

17 affidavit stating that the owner, employee, or other agent has

18 undergone a background check and is not prohibited from owning

19 or possessing firearms.

20 (b) In addition to the affidavit required under subsection

21 (a), within 30 days of a new owner, employee, or other agent

22 beginning selling or conducting transfers of firearms for the

23 certified licensee, the certified licensee shall submit an

24 affidavit to the Department stating the date that the new

25 owner, employee, or other agent began selling or conducting

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1 transfers of firearms for the certified licensee, and providing

2 the information required in subsection (a) for that new owner,

3 employee, or other agent.

4 (c) If a certified licensee has a license, certificate, or

5 permit to sell, lease, transfer, purchase, or possess firearms

6 issued by the federal government or the government of any state

7 revoked or suspended for good cause within the preceding 4

8 years, the Department may consider revoking or suspending the

9 certified licenses in this State. In making a determination of

10 whether or not to revoke or suspend a certified license in this

11 State, the Department shall consider the number of retail

12 locations the certified licensee or any related person or

13 entity operates in this State or in other states under the same

14 or different business names, and the severity of the infraction

15 in the state in which a license was revoked or suspended.

16 (d) Applications and affidavits required under this

17 Section are not subject to disclosure by the Department under

18 the Freedom of Information Act.

19 (Source: P.A. 100-1178, eff. 1-18-19.)

20 (430 ILCS 68/5-85)

21 Sec. 5-85. Disciplinary sanctions.

22 (a) For violations of this Act not penalized under Section

23 5-15, the Department may refuse to renew or restore, or may

24 reprimand, place on probation, suspend, revoke, or take other

25 disciplinary or non-disciplinary action against any licensee,

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1 and may impose a fine commensurate with the severity of the

2 violation not to exceed $10,000 for each violation for any of

3 the following, consistent with the Protection of Lawful

4 Commerce in Arms Act, 15 U.S.C. 7901 through 7903:

5 (1) Violations of this Act, or any law applicable to

6 the sale or transfer of firearms.

7 (2) A pattern of practice or other behavior which

8 demonstrates incapacity or incompetency to practice under

9 this Act.

10 (3) Aiding or assisting another person in violating any

11 provision of this Act or rules adopted under this Act.

12 (4) Failing, within 60 days, to provide information in

13 response to a written request made by the Department.

14 (5) Conviction of, plea of guilty to, or plea of nolo

15 contendere to any crime that disqualifies the person from

16 obtaining a firearm ~~valid Firearm Owner's Identification~~

17 ~~Card~~.

18 (6) Continued practice, although the person has become

19 unfit to practice due to any of the following:

20 (A) Any circumstance that disqualifies the person

21 from obtaining a firearm ~~valid Firearm Owner's~~

22 ~~Identification Card~~or concealed carry license.

23 (B) Habitual or excessive use or abuse of drugs

24 defined in law as controlled substances, alcohol, or

25 any other substance that results in the inability to

26 practice with reasonable judgment, skill, or safety.

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1 (7) Receiving, directly or indirectly, compensation

2 for any firearms sold or transferred illegally.

3 (8) Discipline by another United States jurisdiction,

4 foreign nation, or governmental agency, if at least one of

5 the grounds for the discipline is the same or substantially

6 equivalent to those set forth in this Act.

7 (9) Violation of any disciplinary order imposed on a

8 licensee by the Department.

9 (10) A finding by the Department that the licensee,

10 after having his or her certified license placed on

11 probationary status, has violated the terms of probation.

12 (11) A fraudulent or material misstatement in the

13 completion of an affirmative obligation or inquiry by law

14 enforcement.

15 (b) All fines imposed under this Section shall be paid

16 within 90 days after the effective date of the final order

17 imposing the fine.

18 (Source: P.A. 100-1178, eff. 1-18-19.)

19 Section 75. The Wildlife Code is amended by changing

20 Sections 3.2 and 3.2a as follows:

21 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)

22 Sec. 3.2. Hunting license; application; instruction.

23 Before the Department or any county, city, village, township,

24 incorporated town clerk or his duly designated agent or any

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1 other person authorized or designated by the Department to

2 issue hunting licenses shall issue a hunting license to any

3 person, the person shall file his application with the

4 Department or other party authorized to issue licenses on a

5 form provided by the Department and further give definite proof

6 of identity and place of legal residence. Each clerk

7 designating agents to issue licenses and stamps shall furnish

8 the Department, within 10 days following the appointment, the

9 names and mailing addresses of the agents. Each clerk or his

10 duly designated agent shall be authorized to sell licenses and

11 stamps only within the territorial area for which he was

12 elected or appointed. No duly designated agent is authorized to

13 furnish licenses or stamps for issuance by any other business

14 establishment. Each application shall be executed and sworn to

15 and shall set forth the name and description of the applicant

16 and place of residence.

17 No hunting license shall be issued to any person born on or

18 after January 1, 1980 unless he presents the person authorized

19 to issue the license evidence that he has held a hunting

20 license issued by the State of Illinois or another state in a

21 prior year, or a certificate of competency as provided in this

22 Section. Persons under 18 years of age may be issued a Lifetime

23 Hunting or Sportsmen's Combination License as provided under

24 Section 20-45 of the Fish and Aquatic Life Code but shall not

25 be entitled to hunt alone, without the supervision of an adult

26 age 21 or older, unless they have a certificate of competency

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1 as provided in this Section and the certificate is in their

2 possession while hunting.

3 The Department of Natural Resources shall authorize

4 personnel of the Department or certified volunteer instructors

5 to conduct courses, of not less than 10 hours in length, in

6 firearms and hunter safety, which may include training in bow

7 and arrow safety, at regularly specified intervals throughout

8 the State. Persons successfully completing the course shall

9 receive a certificate of competency. The Department of Natural

10 Resources may further cooperate with any reputable association

11 or organization in establishing courses if the organization has

12 as one of its objectives the promotion of safety in the

13 handling of firearms or bow and arrow.

14 The Department of Natural Resources shall designate any

15 person found by it to be competent to give instruction in the

16 handling of firearms, hunter safety, and bow and arrow. The

17 persons so appointed shall give the course of instruction and

18 upon the successful completion shall issue to the person

19 instructed a certificate of competency in the safe handling of

20 firearms, hunter safety, and bow and arrow. No charge shall be

21 made for any course of instruction except for materials or

22 ammunition consumed. The Department of Natural Resources shall

23 furnish information on the requirements of hunter safety

24 education programs to be distributed free of charge to

25 applicants for hunting licenses by the persons appointed and

26 authorized to issue licenses. ~~Funds for the conducting of~~

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1 ~~firearms and hunter safety courses shall be taken from the fee~~

2 ~~charged for the Firearm Owners Identification Card.~~

3 The fee for a hunting license to hunt all species for a

4 resident of Illinois is $12. For residents age 65 or older,

5 and, commencing with the 2012 license year, resident veterans

6 of the United States Armed Forces after returning from service

7 abroad or mobilization by the President of the United States,

8 the fee is one-half of the fee charged for a hunting license to

9 hunt all species for a resident of Illinois. Veterans must

10 provide to the Department, at one of the Department's 5

11 regional offices, verification of their service. The

12 Department shall establish what constitutes suitable

13 verification of service for the purpose of issuing resident

14 veterans hunting licenses at a reduced fee. The fee for a

15 hunting license to hunt all species shall be $1 for residents

16 over 75 years of age. Nonresidents shall be charged $57 for a

17 hunting license.

18 Nonresidents may be issued a nonresident hunting license

19 for a period not to exceed 10 consecutive days' hunting in the

20 State and shall be charged a fee of $35.

21 A special nonresident hunting license authorizing a

22 nonresident to take game birds by hunting on a game breeding

23 and hunting preserve area only, established under Section 3.27,

24 shall be issued upon proper application being made and payment

25 of a fee equal to that for a resident hunting license. The

26 expiration date of this license shall be on the same date each

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1 year that game breeding and hunting preserve area licenses

2 expire.

3 Each applicant for a State Migratory Waterfowl Stamp,

4 regardless of his residence or other condition, shall pay a fee

5 of $15 and shall receive a stamp. The fee for a State Migratory

6 Waterfowl Stamp shall be waived for residents over 75 years of

7 age. Except as provided under Section 20-45 of the Fish and

8 Aquatic Life Code, the stamp shall be signed by the person or

9 affixed to his license or permit in a space designated by the

10 Department for that purpose.

11 Each applicant for a State Habitat Stamp, regardless of his

12 residence or other condition, shall pay a fee of $5 and shall

13 receive a stamp. The fee for a State Habitat Stamp shall be

14 waived for residents over 75 years of age. Except as provided

15 under Section 20-45 of the Fish and Aquatic Life Code, the

16 stamp shall be signed by the person or affixed to his license

17 or permit in a space designated by the Department for that

18 purpose.

19 Nothing in this Section shall be construed as to require

20 the purchase of more than one State Habitat Stamp by any person

21 in any one license year.

22 The fees for State Pheasant Stamps and State Furbearer

23 Stamps shall be waived for residents over 75 years of age.

24 The Department shall furnish the holders of hunting

25 licenses and stamps with an insignia as evidence of possession

26 of license, or license and stamp, as the Department may

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1 consider advisable. The insignia shall be exhibited and used as

2 the Department may order.

3 All other hunting licenses and all State stamps shall

4 expire upon March 31 of each year.

5 Every person holding any license, permit, or stamp issued

6 under the provisions of this Act shall have it in his

7 possession for immediate presentation for inspection to the

8 officers and authorized employees of the Department, any

9 sheriff, deputy sheriff, or any other peace officer making a

10 demand for it. This provision shall not apply to Department

11 owned or managed sites where it is required that all hunters

12 deposit their license or ~~,~~permit~~, or Firearm Owner's~~

13 ~~Identification Card~~at the check station upon entering the

14 hunting areas.

15 (Source: P.A. 100-638, eff. 1-1-19; 101-81, eff. 7-12-19.)

16 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)

17 Sec. 3.2a. Every person holding any license, permit or

18 stamp issued under the provisions hereof shall have it in his

19 possession for immediate presentation for inspection to the

20 officers and authorized employees of the Department, any

21 sheriff, deputy sheriff or any other peace officer making a

22 demand for it. This provision shall not apply to Department

23 owned or managed sites where it is required that all hunters

24 deposit their license or ~~,~~ permit ~~or Firearm Owner's~~

25 ~~Identification Card~~ at the check station upon entering the

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1 hunting areas.

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

3 Section 76. The Illinois Vehicle Code is amended by

4 changing Section 2-116 as follows:

5 (625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)

6 Sec. 2-116. Secretary of State Department of Police.

7 (a) The Secretary of State and the officers, inspectors,

8 and investigators appointed by him shall cooperate with the

9 State Police and the sheriffs and police in enforcing the laws

10 regulating the operation of vehicles and the use of the

11 highways.

12 (b) The Secretary of State may provide training and

13 education for members of his office in traffic regulation, the

14 promotion of traffic safety and the enforcement of laws vested

15 in the Secretary of State for administration and enforcement

16 regulating the operation of vehicles and the use of the

17 highways.

18 (c) The Secretary of State may provide distinctive uniforms

19 and badges for officers, inspectors and investigators employed

20 in the administration of laws relating to the operation of

21 vehicles and the use of the highways and vesting the

22 administration and enforcement of such laws in the Secretary of

23 State.

24 (c-5) The Director of the Secretary of State Department of

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1 Police shall establish a program to allow a Secretary of State

2 Police officer, inspector, or investigator who is honorably

3 retiring in good standing to purchase either one or both of the

4 following: (1) any Secretary of State Department of Police

5 badge previously issued to that officer, inspector, or

6 investigator; or (2) ~~if the officer, inspector, or investigator~~

7 ~~has a currently valid Firearm Owner's Identification Card,~~ the

8 service firearm issued or previously issued to the officer,

9 inspector, or investigator by the Secretary of State Department

10 of Police. The cost of the firearm shall be the replacement

11 value of the firearm and not the firearm's fair market value.

12 (d) The Secretary of State Department of Police is

13 authorized to:

14 (1) investigate the origins, activities, persons, and

15 incidents of crime and the ways and means, if any, to

16 redress the victims of crimes, and study the impact, if

17 any, of legislation relative to the criminal laws of this

18 State related thereto and conduct any other investigations

19 as may be provided by law;

20 (2) employ skilled experts, technicians,

21 investigators, special agents, or otherwise specially

22 qualified persons to aid in preventing or detecting crime,

23 apprehending criminals, or preparing and presenting

24 evidence of violations of the criminal laws of the State;

25 (3) cooperate with the police of cities, villages, and

26 incorporated towns, and with the police officers of any

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1 county, in enforcing the laws of the State and in making

2 arrests;

3 (4) provide, as may be required by law, assistance to

4 local law enforcement agencies through training,

5 management, and consultant services for local law

6 enforcement agencies, pertaining to law enforcement

7 activities;

8 (5) exercise the rights, powers, and duties which have

9 been vested in it by the Secretary of State Act and this

10 Code; and

11 (6) enforce and administer any other laws in relation

12 to law enforcement as may be vested in the Secretary of

13 State Department of Police.

14 Persons within the Secretary of State Department of Police

15 who exercise these powers are conservators of the peace and

16 have all the powers possessed by policemen in municipalities

17 and sheriffs, and may exercise these powers anywhere in the

18 State in cooperation with local law enforcement officials.

19 These persons may use false or fictitious names in the

20 performance of their duties under this Section, upon approval

21 of the Director of Police-Secretary of State, and shall not be

22 subject to prosecution under the criminal laws for that use.

23 (e) The Secretary of State Department of Police may charge,

24 collect, and receive fees or moneys equivalent to the cost of

25 providing its personnel, equipment, and services to

26 governmental agencies when explicitly requested by a

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1 governmental agency and according to an intergovernmental

2 agreement or memorandums of understanding as provided by this

3 Section, including but not limited to fees or moneys equivalent

4 to the cost of providing training to other governmental

5 agencies on terms and conditions that in the judgment of the

6 Director of Police-Secretary of State are in the best interest

7 of the Secretary of State. All fees received by the Secretary

8 of State Police Department under this Act shall be deposited in

9 a special fund in the State Treasury to be known as the

10 Secretary of State Police Services Fund. The money deposited in

11 the Secretary of State Police Services Fund shall be

12 appropriated to the Secretary of State Department of Police as

13 provided for in subsection (g).

14 (f) The Secretary of State Department of Police may apply

15 for grants or contracts and receive, expend, allocate, or

16 disburse moneys made available by public or private entities,

17 including, but not limited to, contracts, bequests, grants, or

18 receiving equipment from corporations, foundations, or public

19 or private institutions of higher learning.

20 (g) The Secretary of State Police Services Fund is hereby

21 created as a special fund in the State Treasury. All moneys

22 received under this Section by the Secretary of State

23 Department of Police shall be deposited into the Secretary of

24 State Police Services Fund to be appropriated to the Secretary

25 of State Department of Police for purposes as indicated by the

26 grantor or contractor or, in the case of moneys bequeathed or

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1 granted for no specific purpose, for any purpose as deemed

2 appropriate by the Director of Police-Secretary of State in

3 administering the responsibilities of the Secretary of State

4 Department of Police.

5 (Source: P.A. 100-931, eff. 8-17-18.)

6 Section 80. The Criminal Code of 2012 is amended by

7 changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,

8 24-1.1, 24-1.6, 24-1.8, 24-2, 24-3, 24-3.1, 24-3.2, 24-3.4,

9 24-3.5, 24-3B, 24-4.1, and 24-9 and adding Section 24-4.5 as

10 follows:

11 (720 ILCS 5/2-7.1)

12 Sec. 2-7.1. "Firearm~~"Firearm" and "firearm~~ ammunition".

13 "Firearm~~"Firearm" and "firearm~~ammunition"means any

14 self-contained cartridge or shotgun shell, by whatever name

15 known, which is designed to be used or adaptable to use in a

16 firearm; excluding, however:

17 (1) any ammunition exclusively designed for use with a

18 device used exclusively for signalling or safety and required

19 or recommended by the United States Coast Guard or the

20 Interstate Commerce Commission; and

21 (2) any ammunition designed exclusively for use with a stud

22 or rivet driver or other similar industrial ammunition~~have the~~

23 ~~meanings ascribed to them in Section 1.1 of the Firearm Owners~~

24 ~~Identification Card Act~~.

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

2 (720 ILCS 5/2-7.5)

3 Sec. 2-7.5. "Firearm". Except as otherwise provided in a

4 specific Section, "firearm"means any device, by whatever name

5 known, which is designed to expel a projectile or projectiles

6 by the action of an explosion, expansion of gas or escape of

7 gas; excluding, however:

8 (1) any pneumatic gun, spring gun, paint ball gun, or B-B

9 gun which expels a single globular projectile not exceeding .18

10 inch in diameter or which has a maximum muzzle velocity of less

11 than 700 feet per second;

12 (1.1) any pneumatic gun, spring gun, paint ball gun, or B-B

13 gun which expels breakable paint balls containing washable

14 marking colors;

15 (2) any device used exclusively for signalling or safety

16 and required or recommended by the United States Coast Guard or

17 the Interstate Commerce Commission;

18 (3) any device used exclusively for the firing of stud

19 cartridges, explosive rivets, or similar industrial

20 ammunition; and

21 (4) an antique firearm (other than a machine-gun) which,

22 although designed as a weapon, the Illinois State Police finds

23 by reason of the date of its manufacture, value, design, and

24 other characteristics is primarily a collector's item and is

25 not likely to be used as a weapon ~~has the meaning ascribed to~~

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1 ~~it in Section 1.1 of the Firearm Owners Identification Card~~

2 ~~Act~~.

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

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

5 Sec. 12-3.05. Aggravated battery.

6 (a) Offense based on injury. A person commits aggravated

7 battery when, in committing a battery, other than by the

8 discharge of a firearm, he or she knowingly does any of the

9 following:

10 (1) Causes great bodily harm or permanent disability or

11 disfigurement.

12 (2) Causes severe and permanent disability, great

13 bodily harm, or disfigurement by means of a caustic or

14 flammable substance, a poisonous gas, a deadly biological

15 or chemical contaminant or agent, a radioactive substance,

16 or a bomb or explosive compound.

17 (3) Causes great bodily harm or permanent disability or

18 disfigurement to an individual whom the person knows to be

19 a peace officer, community policing volunteer, fireman,

20 private security officer, correctional institution

21 employee, or Department of Human Services employee

22 supervising or controlling sexually dangerous persons or

23 sexually violent persons:

24 (i) performing his or her official duties;

25 (ii) battered to prevent performance of his or her

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1 official duties; or

2 (iii) battered in retaliation for performing his

3 or her official duties.

4 (4) Causes great bodily harm or permanent disability or

5 disfigurement to an individual 60 years of age or older.

6 (5) Strangles another individual.

7 (b) Offense based on injury to a child or person with an

8 intellectual disability. A person who is at least 18 years of

9 age commits aggravated battery when, in committing a battery,

10 he or she knowingly and without legal justification by any

11 means:

12 (1) causes great bodily harm or permanent disability or

13 disfigurement to any child under the age of 13 years, or to

14 any person with a severe or profound intellectual

15 disability; or

16 (2) causes bodily harm or disability or disfigurement

17 to any child under the age of 13 years or to any person

18 with a severe or profound intellectual disability.

19 (c) Offense based on location of conduct. A person commits

20 aggravated battery when, in committing a battery, other than by

21 the discharge of a firearm, he or she is or the person battered

22 is on or about a public way, public property, a public place of

23 accommodation or amusement, a sports venue, or a domestic

24 violence shelter, or in a church, synagogue, mosque, or other

25 building, structure, or place used for religious worship.

26 (d) Offense based on status of victim. A person commits

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1 aggravated battery when, in committing a battery, other than by

2 discharge of a firearm, he or she knows the individual battered

3 to be any of the following:

4 (1) A person 60 years of age or older.

5 (2) A person who is pregnant or has a physical

6 disability.

7 (3) A teacher or school employee upon school grounds or

8 grounds adjacent to a school or in any part of a building

9 used for school purposes.

10 (4) A peace officer, community policing volunteer,

11 fireman, private security officer, correctional

12 institution employee, or Department of Human Services

13 employee supervising or controlling sexually dangerous

14 persons or sexually violent persons:

15 (i) performing his or her official duties;

16 (ii) battered to prevent performance of his or her

17 official duties; or

18 (iii) battered in retaliation for performing his

19 or her official duties.

20 (5) A judge, emergency management worker, emergency

21 medical services personnel, or utility worker:

22 (i) performing his or her official duties;

23 (ii) battered to prevent performance of his or her

24 official duties; or

25 (iii) battered in retaliation for performing his

26 or her official duties.

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1 (6) An officer or employee of the State of Illinois, a

2 unit of local government, or a school district, while

3 performing his or her official duties.

4 (7) A transit employee performing his or her official

5 duties, or a transit passenger.

6 (8) A taxi driver on duty.

7 (9) A merchant who detains the person for an alleged

8 commission of retail theft under Section 16-26 of this Code

9 and the person without legal justification by any means

10 causes bodily harm to the merchant.

11 (10) A person authorized to serve process under Section

12 2-202 of the Code of Civil Procedure or a special process

13 server appointed by the circuit court while that individual

14 is in the performance of his or her duties as a process

15 server.

16 (11) A nurse while in the performance of his or her

17 duties as a nurse.

18 (e) Offense based on use of a firearm. A person commits

19 aggravated battery when, in committing a battery, he or she

20 knowingly does any of the following:

21 (1) Discharges a firearm, other than a machine gun or a

22 firearm equipped with a silencer, and causes any injury to

23 another person.

24 (2) Discharges a firearm, other than a machine gun or a

25 firearm equipped with a silencer, and causes any injury to

26 a person he or she knows to be a peace officer, community

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1 policing volunteer, person summoned by a police officer,

2 fireman, private security officer, correctional

3 institution employee, or emergency management worker:

4 (i) performing his or her official duties;

5 (ii) battered to prevent performance of his or her

6 official duties; or

7 (iii) battered in retaliation for performing his

8 or her official duties.

9 (3) Discharges a firearm, other than a machine gun or a

10 firearm equipped with a silencer, and causes any injury to

11 a person he or she knows to be emergency medical services

12 personnel:

13 (i) performing his or her official duties;

14 (ii) battered to prevent performance of his or her

15 official duties; or

16 (iii) battered in retaliation for performing his

17 or her official duties.

18 (4) Discharges a firearm and causes any injury to a

19 person he or she knows to be a teacher, a student in a

20 school, or a school employee, and the teacher, student, or

21 employee is upon school grounds or grounds adjacent to a

22 school or in any part of a building used for school

23 purposes.

24 (5) Discharges a machine gun or a firearm equipped with

25 a silencer, and causes any injury to another person.

26 (6) Discharges a machine gun or a firearm equipped with

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1 a silencer, and causes any injury to a person he or she

2 knows to be a peace officer, community policing volunteer,

3 person summoned by a police officer, fireman, private

4 security officer, correctional institution employee or

5 emergency management worker:

6 (i) performing his or her official duties;

7 (ii) battered to prevent performance of his or her

8 official duties; or

9 (iii) battered in retaliation for performing his

10 or her official duties.

11 (7) Discharges a machine gun or a firearm equipped with

12 a silencer, and causes any injury to a person he or she

13 knows to be emergency medical services personnel:

14 (i) performing his or her official duties;

15 (ii) battered to prevent performance of his or her

16 official duties; or

17 (iii) battered in retaliation for performing his

18 or her official duties.

19 (8) Discharges a machine gun or a firearm equipped with

20 a silencer, and causes any injury to a person he or she

21 knows to be a teacher, or a student in a school, or a

22 school employee, and the teacher, student, or employee is

23 upon school grounds or grounds adjacent to a school or in

24 any part of a building used for school purposes.

25 (f) Offense based on use of a weapon or device. A person

26 commits aggravated battery when, in committing a battery, he or

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1 she does any of the following:

2 (1) Uses a deadly weapon other than by discharge of a

3 firearm, or uses an air rifle as defined in Section

4 24.8-0.1 of this Code.

5 (2) Wears a hood, robe, or mask to conceal his or her

6 identity.

7 (3) Knowingly and without lawful justification shines

8 or flashes a laser gunsight or other laser device attached

9 to a firearm, or used in concert with a firearm, so that

10 the laser beam strikes upon or against the person of

11 another.

12 (4) Knowingly video or audio records the offense with

13 the intent to disseminate the recording.

14 (g) Offense based on certain conduct. A person commits

15 aggravated battery when, other than by discharge of a firearm,

16 he or she does any of the following:

17 (1) Violates Section 401 of the Illinois Controlled

18 Substances Act by unlawfully delivering a controlled

19 substance to another and any user experiences great bodily

20 harm or permanent disability as a result of the injection,

21 inhalation, or ingestion of any amount of the controlled

22 substance.

23 (2) Knowingly administers to an individual or causes

24 him or her to take, without his or her consent or by threat

25 or deception, and for other than medical purposes, any

26 intoxicating, poisonous, stupefying, narcotic, anesthetic,

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1 or controlled substance, or gives to another person any

2 food containing any substance or object intended to cause

3 physical injury if eaten.

4 (3) Knowingly causes or attempts to cause a

5 correctional institution employee or Department of Human

6 Services employee to come into contact with blood, seminal

7 fluid, urine, or feces by throwing, tossing, or expelling

8 the fluid or material, and the person is an inmate of a

9 penal institution or is a sexually dangerous person or

10 sexually violent person in the custody of the Department of

11 Human Services.

12 (h) Sentence. Unless otherwise provided, aggravated

13 battery is a Class 3 felony.

14 Aggravated battery as defined in subdivision (a)(4),

15 (d)(4), or (g)(3) is a Class 2 felony.

16 Aggravated battery as defined in subdivision (a)(3) or

17 (g)(1) is a Class 1 felony.

18 Aggravated battery as defined in subdivision (a)(1) is a

19 Class 1 felony when the aggravated battery was intentional and

20 involved the infliction of torture, as defined in paragraph

21 (14) of subsection (b) of Section 9-1 of this Code, as the

22 infliction of or subjection to extreme physical pain, motivated

23 by an intent to increase or prolong the pain, suffering, or

24 agony of the victim.

25 Aggravated battery as defined in subdivision (a)(1) is a

26 Class 2 felony when the person causes great bodily harm or

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1 permanent disability to an individual whom the person knows to

2 be a member of a congregation engaged in prayer or other

3 religious activities at a church, synagogue, mosque, or other

4 building, structure, or place used for religious worship.

5 Aggravated battery under subdivision (a)(5) is a Class 1

6 felony if:

7 (A) the person used or attempted to use a dangerous

8 instrument while committing the offense; ~~or~~

9 (B) the person caused great bodily harm or permanent

10 disability or disfigurement to the other person while

11 committing the offense; or

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

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

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

15 state.

16 Aggravated battery as defined in subdivision (e)(1) is a

17 Class X felony.

18 Aggravated battery as defined in subdivision (a)(2) is a

19 Class X felony for which a person shall be sentenced to a term

20 of imprisonment of a minimum of 6 years and a maximum of 45

21 years.

22 Aggravated battery as defined in subdivision (e)(5) is a

23 Class X felony for which a person shall be sentenced to a term

24 of imprisonment of a minimum of 12 years and a maximum of 45

25 years.

26 Aggravated battery as defined in subdivision (e)(2),

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1 (e)(3), or (e)(4) is a Class X felony for which a person shall

2 be sentenced to a term of imprisonment of a minimum of 15 years

3 and a maximum of 60 years.

4 Aggravated battery as defined in subdivision (e)(6),

5 (e)(7), or (e)(8) is a Class X felony for which a person shall

6 be sentenced to a term of imprisonment of a minimum of 20 years

7 and a maximum of 60 years.

8 Aggravated battery as defined in subdivision (b)(1) is a

9 Class X felony, except that:

10 (1) if the person committed the offense while armed

11 with a firearm, 15 years shall be added to the term of

12 imprisonment imposed by the court;

13 (2) if, during the commission of the offense, the

14 person personally discharged a firearm, 20 years shall be

15 added to the term of imprisonment imposed by the court;

16 (3) if, during the commission of the offense, the

17 person personally discharged a firearm that proximately

18 caused great bodily harm, permanent disability, permanent

19 disfigurement, or death to another person, 25 years or up

20 to a term of natural life shall be added to the term of

21 imprisonment imposed by the court.

22 (i) Definitions. In this Section:

23 "Building or other structure used to provide shelter" has

24 the meaning ascribed to "shelter" in Section 1 of the Domestic

25 Violence Shelters Act.

26 "Domestic violence" has the meaning ascribed to it in

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1 Section 103 of the Illinois Domestic Violence Act of 1986.

2 "Domestic violence shelter" means any building or other

3 structure used to provide shelter or other services to victims

4 or to the dependent children of victims of domestic violence

5 pursuant to the Illinois Domestic Violence Act of 1986 or the

6 Domestic Violence Shelters Act, or any place within 500 feet of

7 such a building or other structure in the case of a person who

8 is going to or from such a building or other structure.

9 "Firearm" has the meaning provided under Section 2-7.5 of

10 this Code ~~1.1 of the Firearm Owners Identification Card Act~~,

11 and does not include an air rifle as defined by Section

12 24.8-0.1 of this Code.

13 "Machine gun" has the meaning ascribed to it in Section

14 24-1 of this Code.

15 "Merchant" has the meaning ascribed to it in Section 16-0.1

16 of this Code.

17 "Strangle" means intentionally impeding the normal

18 breathing or circulation of the blood of an individual by

19 applying pressure on the throat or neck of that individual or

20 by blocking the nose or mouth of that individual.

21 (Source: P.A. 101-223, eff. 1-1-20; revised 9-24-19.)

22 (720 ILCS 5/16-0.1)

23 Sec. 16-0.1. Definitions. In this Article, unless the

24 context clearly requires otherwise, the following terms are

25 defined as indicated:

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1 "Access" means to use, instruct, communicate with, store

2 data in, retrieve or intercept data from, or otherwise utilize

3 any services of a computer.

4 "Coin-operated machine" includes any automatic vending

5 machine or any part thereof, parking meter, coin telephone,

6 coin-operated transit turnstile, transit fare box, coin

7 laundry machine, coin dry cleaning machine, amusement machine,

8 music machine, vending machine dispensing goods or services, or

9 money changer.

10 "Communication device" means any type of instrument,

11 device, machine, or equipment which is capable of transmitting,

12 acquiring, decrypting, or receiving any telephonic,

13 electronic, data, Internet access, audio, video, microwave, or

14 radio transmissions, signals, communications, or services,

15 including the receipt, acquisition, transmission, or

16 decryption of all such communications, transmissions, signals,

17 or services provided by or through any cable television, fiber

18 optic, telephone, satellite, microwave, radio, Internet-based,

19 data transmission, or wireless distribution network, system or

20 facility; or any part, accessory, or component thereof,

21 including any computer circuit, security module, smart card,

22 software, computer chip, electronic mechanism or other

23 component, accessory or part of any communication device which

24 is capable of facilitating the transmission, decryption,

25 acquisition or reception of all such communications,

26 transmissions, signals, or services.

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1 "Communication service" means any service lawfully

2 provided for a charge or compensation to facilitate the lawful

3 origination, transmission, emission, or reception of signs,

4 signals, data, writings, images, and sounds or intelligence of

5 any nature by telephone, including cellular telephones or a

6 wire, wireless, radio, electromagnetic, photo-electronic or

7 photo-optical system; and also any service lawfully provided by

8 any radio, telephone, cable television, fiber optic,

9 satellite, microwave, Internet-based or wireless distribution

10 network, system, facility or technology, including, but not

11 limited to, any and all electronic, data, video, audio,

12 Internet access, telephonic, microwave and radio

13 communications, transmissions, signals and services, and any

14 such communications, transmissions, signals and services

15 lawfully provided directly or indirectly by or through any of

16 those networks, systems, facilities or technologies.

17 "Communication service provider" means: (1) any person or

18 entity providing any communication service, whether directly

19 or indirectly, as a reseller, including, but not limited to, a

20 cellular, paging or other wireless communications company or

21 other person or entity which, for a fee, supplies the facility,

22 cell site, mobile telephone switching office or other equipment

23 or communication service; (2) any person or entity owning or

24 operating any cable television, fiber optic, satellite,

25 telephone, wireless, microwave, radio, data transmission or

26 Internet-based distribution network, system or facility; and

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1 (3) any person or entity providing any communication service

2 directly or indirectly by or through any such distribution

3 system, network or facility.

4 "Computer" means a device that accepts, processes, stores,

5 retrieves or outputs data, and includes but is not limited to

6 auxiliary storage and telecommunications devices connected to

7 computers.

8 "Continuing course of conduct" means a series of acts, and

9 the accompanying mental state necessary for the crime in

10 question, irrespective of whether the series of acts are

11 continuous or intermittent.

12 "Delivery container" means any bakery basket of wire or

13 plastic used to transport or store bread or bakery products,

14 any dairy case of wire or plastic used to transport or store

15 dairy products, and any dolly or cart of 2 or 4 wheels used to

16 transport or store any bakery or dairy product.

17 "Document-making implement" means any implement,

18 impression, template, computer file, computer disc, electronic

19 device, computer hardware, computer software, instrument, or

20 device that is used to make a real or fictitious or fraudulent

21 personal identification document.

22 "Financial transaction device" means any of the following:

23 (1) An electronic funds transfer card.

24 (2) A credit card.

25 (3) A debit card.

26 (4) A point-of-sale card.

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1 (5) Any instrument, device, card, plate, code, account

2 number, personal identification number, or a record or copy

3 of a code, account number, or personal identification

4 number or other means of access to a credit account or

5 deposit account, or a driver's license or State

6 identification card used to access a proprietary account,

7 other than access originated solely by a paper instrument,

8 that can be used alone or in conjunction with another

9 access device, for any of the following purposes:

10 (A) Obtaining money, cash refund or credit

11 account, credit, goods, services, or any other thing of

12 value.

13 (B) Certifying or guaranteeing to a person or

14 business the availability to the device holder of funds

15 on deposit to honor a draft or check payable to the

16 order of that person or business.

17 (C) Providing the device holder access to a deposit

18 account for the purpose of making deposits,

19 withdrawing funds, transferring funds between deposit

20 accounts, obtaining information pertaining to a

21 deposit account, or making an electronic funds

22 transfer.

23 "Full retail value" means the merchant's stated or

24 advertised price of the merchandise. "Full retail value"

25 includes the aggregate value of property obtained from retail

26 thefts committed by the same person as part of a continuing

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1 course of conduct from one or more mercantile establishments in

2 a single transaction or in separate transactions over a period

3 of one year.

4 "Internet" means an interactive computer service or system

5 or an information service, system, or access software provider

6 that provides or enables computer access by multiple users to a

7 computer server, and includes, but is not limited to, an

8 information service, system, or access software provider that

9 provides access to a network system commonly known as the

10 Internet, or any comparable system or service and also

11 includes, but is not limited to, a World Wide Web page,

12 newsgroup, message board, mailing list, or chat area on any

13 interactive computer service or system or other online service.

14 "Library card" means a card or plate issued by a library

15 facility for purposes of identifying the person to whom the

16 library card was issued as authorized to borrow library

17 material, subject to all limitations and conditions imposed on

18 the borrowing by the library facility issuing such card.

19 "Library facility" includes any public library or museum,

20 or any library or museum of an educational, historical or

21 eleemosynary institution, organization or society.

22 "Library material" includes any book, plate, picture,

23 photograph, engraving, painting, sculpture, statue, artifact,

24 drawing, map, newspaper, pamphlet, broadside, magazine,

25 manuscript, document, letter, microfilm, sound recording,

26 audiovisual material, magnetic or other tape, electronic data

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1 processing record or other documentary, written or printed

2 material regardless of physical form or characteristics, or any

3 part thereof, belonging to, or on loan to or otherwise in the

4 custody of a library facility.

5 "Manufacture or assembly of an unlawful access device"

6 means to make, produce or assemble an unlawful access device or

7 to modify, alter, program or re-program any instrument, device,

8 machine, equipment or software so that it is capable of

9 defeating or circumventing any technology, device or software

10 used by the provider, owner or licensee of a communication

11 service or of any data, audio or video programs or

12 transmissions to protect any such communication, data, audio or

13 video services, programs or transmissions from unauthorized

14 access, acquisition, disclosure, receipt, decryption,

15 communication, transmission or re-transmission.

16 "Manufacture or assembly of an unlawful communication

17 device" means to make, produce or assemble an unlawful

18 communication or wireless device or to modify, alter, program

19 or reprogram a communication or wireless device to be capable

20 of acquiring, disrupting, receiving, transmitting, decrypting,

21 or facilitating the acquisition, disruption, receipt,

22 transmission or decryption of, a communication service without

23 the express consent or express authorization of the

24 communication service provider, or to knowingly assist others

25 in those activities.

26 "Master sound recording" means the original physical

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1 object on which a given set of sounds were first recorded and

2 which the original object from which all subsequent sound

3 recordings embodying the same set of sounds are directly or

4 indirectly derived.

5 "Merchandise" means any item of tangible personal

6 property, including motor fuel.

7 "Merchant" means an owner or operator of any retail

8 mercantile establishment or any agent, employee, lessee,

9 consignee, officer, director, franchisee, or independent

10 contractor of the owner or operator. "Merchant" also means a

11 person who receives from an authorized user of a payment card,

12 or someone the person believes to be an authorized user, a

13 payment card or information from a payment card, or what the

14 person believes to be a payment card or information from a

15 payment card, as the instrument for obtaining, purchasing or

16 receiving goods, services, money, or anything else of value

17 from the person.

18 "Motor fuel" means a liquid, regardless of its properties,

19 used to propel a vehicle, including gasoline and diesel.

20 "Online" means the use of any electronic or wireless device

21 to access the Internet.

22 "Payment card" means a credit card, charge card, debit

23 card, or any other card that is issued to an authorized card

24 user and that allows the user to obtain, purchase, or receive

25 goods, services, money, or anything else of value from a

26 merchant.

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1 "Person with a disability" means a person who suffers from

2 a physical or mental impairment resulting from disease, injury,

3 functional disorder or congenital condition that impairs the

4 individual's mental or physical ability to independently

5 manage his or her property or financial resources, or both.

6 "Personal identification document" means a birth

7 certificate, a driver's license, a State identification card, a

8 public, government, or private employment identification card,

9 a social security card, a license issued under the Firearm

10 Concealed Carry Act ~~firearm owner's identification card~~, a

11 credit card, a debit card, or a passport issued to or on behalf

12 of a person other than the offender, or any document made or

13 issued, or falsely purported to have been made or issued, by or

14 under the authority of the United States Government, the State

15 of Illinois, or any other state political subdivision of any

16 state, or any other governmental or quasi-governmental

17 organization that is of a type intended for the purpose of

18 identification of an individual, or any such document made or

19 altered in a manner that it falsely purports to have been made

20 on behalf of or issued to another person or by the authority of

21 one who did not give that authority.

22 "Personal identifying information" means any of the

23 following information:

24 (1) A person's name.

25 (2) A person's address.

26 (3) A person's date of birth.

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1 (4) A person's telephone number.

2 (5) A person's driver's license number or State of

3 Illinois identification card as assigned by the Secretary

4 of State of the State of Illinois or a similar agency of

5 another state.

6 (6) A person's social security number.

7 (7) A person's public, private, or government

8 employer, place of employment, or employment

9 identification number.

10 (8) The maiden name of a person's mother.

11 (9) The number assigned to a person's depository

12 account, savings account, or brokerage account.

13 (10) The number assigned to a person's credit or debit

14 card, commonly known as a "Visa Card", "MasterCard",

15 "American Express Card", "Discover Card", or other similar

16 cards whether issued by a financial institution,

17 corporation, or business entity.

18 (11) Personal identification numbers.

19 (12) Electronic identification numbers.

20 (13) Digital signals.

21 (14) User names, passwords, and any other word, number,

22 character or combination of the same usable in whole or

23 part to access information relating to a specific

24 individual, or to the actions taken, communications made or

25 received, or other activities or transactions of a specific

26 individual.

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1 (15) Any other numbers or information which can be used

2 to access a person's financial resources, or to identify a

3 specific individual, or the actions taken, communications

4 made or received, or other activities or transactions of a

5 specific individual.

6 "Premises of a retail mercantile establishment" includes,

7 but is not limited to, the retail mercantile establishment; any

8 common use areas in shopping centers; and all parking areas set

9 aside by a merchant or on behalf of a merchant for the parking

10 of vehicles for the convenience of the patrons of such retail

11 mercantile establishment.

12 "Public water, gas, or power supply, or other public

13 services" mean any service subject to regulation by the

14 Illinois Commerce Commission; any service furnished by a public

15 utility that is owned and operated by any political

16 subdivision, public institution of higher education or

17 municipal corporation of this State; any service furnished by

18 any public utility that is owned by such political subdivision,

19 public institution of higher education, or municipal

20 corporation and operated by any of its lessees or operating

21 agents; any service furnished by an electric cooperative as

22 defined in Section 3.4 of the Electric Supplier Act; or

23 wireless service or other service regulated by the Federal

24 Communications Commission.

25 "Publish" means to communicate or disseminate information

26 to any one or more persons, either orally, in person, or by

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1 telephone, radio or television or in writing of any kind,

2 including, without limitation, a letter or memorandum,

3 circular or handbill, newspaper or magazine article or book.

4 "Radio frequency identification device" means any

5 implement, computer file, computer disc, electronic device,

6 computer hardware, computer software, or instrument that is

7 used to activate, read, receive, or decode information stored

8 on a RFID tag or transponder attached to a personal

9 identification document.

10 "RFID tag or transponder" means a chip or device that

11 contains personal identifying information from which the

12 personal identifying information can be read or decoded by

13 another device emitting a radio frequency that activates or

14 powers a radio frequency emission response from the chip or

15 transponder.

16 "Reencoder" means an electronic device that places encoded

17 information from the magnetic strip or stripe of a payment card

18 onto the magnetic strip or stripe of a different payment card.

19 "Retail mercantile establishment" means any place where

20 merchandise is displayed, held, stored or offered for sale to

21 the public.

22 "Scanning device" means a scanner, reader, or any other

23 electronic device that is used to access, read, scan, obtain,

24 memorize, or store, temporarily or permanently, information

25 encoded on the magnetic strip or stripe of a payment card.

26 "Shopping cart" means those push carts of the type or types

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1 which are commonly provided by grocery stores, drug stores or

2 other retail mercantile establishments for the use of the

3 public in transporting commodities in stores and markets and,

4 incidentally, from the stores to a place outside the store.

5 "Sound or audio visual recording" means any sound or audio

6 visual phonograph record, disc, pre-recorded tape, film, wire,

7 magnetic tape or other object, device or medium, now known or

8 hereafter invented, by which sounds or images may be reproduced

9 with or without the use of any additional machine, equipment or

10 device.

11 "Theft detection device remover" means any tool or device

12 specifically designed and intended to be used to remove any

13 theft detection device from any merchandise.

14 "Under-ring" means to cause the cash register or other

15 sales recording device to reflect less than the full retail

16 value of the merchandise.

17 "Unidentified sound or audio visual recording" means a

18 sound or audio visual recording without the actual name and

19 full and correct street address of the manufacturer, and the

20 name of the actual performers or groups prominently and legibly

21 printed on the outside cover or jacket and on the label of such

22 sound or audio visual recording.

23 "Unlawful access device" means any type of instrument,

24 device, machine, equipment, technology, or software which is

25 primarily possessed, used, designed, assembled, manufactured,

26 sold, distributed or offered, promoted or advertised for the

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1 purpose of defeating or circumventing any technology, device or

2 software, or any component or part thereof, used by the

3 provider, owner or licensee of any communication service or of

4 any data, audio or video programs or transmissions to protect

5 any such communication, audio or video services, programs or

6 transmissions from unauthorized access, acquisition, receipt,

7 decryption, disclosure, communication, transmission or

8 re-transmission.

9 "Unlawful communication device" means any electronic

10 serial number, mobile identification number, personal

11 identification number or any communication or wireless device

12 that is capable of acquiring or facilitating the acquisition of

13 a communication service without the express consent or express

14 authorization of the communication service provider, or that

15 has been altered, modified, programmed or reprogrammed, alone

16 or in conjunction with another communication or wireless device

17 or other equipment, to so acquire or facilitate the

18 unauthorized acquisition of a communication service. "Unlawful

19 communication device" also means:

20 (1) any phone altered to obtain service without the

21 express consent or express authorization of the

22 communication service provider, tumbler phone, counterfeit

23 or clone phone, tumbler microchip, counterfeit or clone

24 microchip, scanning receiver of wireless communication

25 service or other instrument capable of disguising its

26 identity or location or of gaining unauthorized access to a

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1 communications or wireless system operated by a

2 communication service provider; and

3 (2) any communication or wireless device which is

4 capable of, or has been altered, designed, modified,

5 programmed or reprogrammed, alone or in conjunction with

6 another communication or wireless device or devices, so as

7 to be capable of, facilitating the disruption,

8 acquisition, receipt, transmission or decryption of a

9 communication service without the express consent or

10 express authorization of the communication service

11 provider, including, but not limited to, any device,

12 technology, product, service, equipment, computer software

13 or component or part thereof, primarily distributed, sold,

14 designed, assembled, manufactured, modified, programmed,

15 reprogrammed or used for the purpose of providing the

16 unauthorized receipt of, transmission of, disruption of,

17 decryption of, access to or acquisition of any

18 communication service provided by any communication

19 service provider.

20 "Vehicle" means a motor vehicle, motorcycle, or farm

21 implement that is self-propelled and that uses motor fuel for

22 propulsion.

23 "Wireless device" includes any type of instrument, device,

24 machine, or equipment that is capable of transmitting or

25 receiving telephonic, electronic or radio communications, or

26 any part of such instrument, device, machine, or equipment, or

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1 any computer circuit, computer chip, electronic mechanism, or

2 other component that is capable of facilitating the

3 transmission or reception of telephonic, electronic, or radio

4 communications.

5 (Source: P.A. 97-597, eff. 1-1-12; incorporates 97-388, eff.

6 1-1-12; 97-1109, eff. 1-1-13.)

7 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)

8 Sec. 17-30. Defaced, altered, or removed manufacturer or

9 owner identification number.

10 (a) Unlawful sale of household appliances. A person commits

11 unlawful sale of household appliances when he or she knowingly,

12 with the intent to defraud or deceive another, keeps for sale,

13 within any commercial context, any household appliance with a

14 missing, defaced, obliterated, or otherwise altered

15 manufacturer's identification number.

16 (b) Construction equipment identification defacement. A

17 person commits construction equipment identification

18 defacement when he or she knowingly changes, alters, removes,

19 mutilates, or obliterates a permanently affixed serial number,

20 product identification number, part number, component

21 identification number, owner-applied identification, or other

22 mark of identification attached to or stamped, inscribed,

23 molded, or etched into a machine or other equipment, whether

24 stationary or mobile or self-propelled, or a part of such

25 machine or equipment, used in the construction, maintenance, or

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1 demolition of buildings, structures, bridges, tunnels, sewers,

2 utility pipes or lines, ditches or open cuts, roads, highways,

3 dams, airports, or waterways or in material handling for such

4 projects.

5 The trier of fact may infer that the defendant has

6 knowingly changed, altered, removed, or obliterated the serial

7 number, product identification number, part number, component

8 identification number, owner-applied identification number, or

9 other mark of identification, if the defendant was in

10 possession of any machine or other equipment or a part of such

11 machine or equipment used in the construction, maintenance, or

12 demolition of buildings, structures, bridges, tunnels, sewers,

13 utility pipes or lines, ditches or open cuts, roads, highways,

14 dams, airports, or waterways or in material handling for such

15 projects upon which any such serial number, product

16 identification number, part number, component identification

17 number, owner-applied identification number, or other mark of

18 identification has been changed, altered, removed, or

19 obliterated.

20 (c) Defacement of manufacturer's serial number or

21 identification mark. A person commits defacement of a

22 manufacturer's serial number or identification mark when he or

23 she knowingly removes, alters, defaces, covers, or destroys the

24 manufacturer's serial number or any other manufacturer's

25 number or distinguishing identification mark upon any machine

26 or other article of merchandise, other than a motor vehicle as

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1 defined in Section 1-146 of the Illinois Vehicle Code or a

2 firearm ~~as defined in the Firearm Owners Identification Card~~

3 ~~Act~~, with the intent of concealing or destroying the identity

4 of such machine or other article of merchandise.

5 (d) Sentence.

6 (1) A violation of subsection (a) of this Section is a

7 Class 4 felony if the value of the appliance or appliances

8 exceeds $1,000 and a Class B misdemeanor if the value of

9 the appliance or appliances is $1,000 or less.

10 (2) A violation of subsection (b) of this Section is a

11 Class A misdemeanor.

12 (3) A violation of subsection (c) of this Section is a

13 Class B misdemeanor.

14 (e) No liability shall be imposed upon any person for the

15 unintentional failure to comply with subsection (a).

16 (f) Definitions. In this Section:

17 "Commercial context" means a continuing business

18 enterprise conducted for profit by any person whose primary

19 business is the wholesale or retail marketing of household

20 appliances, or a significant portion of whose business or

21 inventory consists of household appliances kept or sold on a

22 wholesale or retail basis.

23 "Household appliance" means any gas or electric device or

24 machine marketed for use as home entertainment or for

25 facilitating or expediting household tasks or chores. The term

26 shall include but not necessarily be limited to refrigerators,

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1 freezers, ranges, radios, television sets, vacuum cleaners,

2 toasters, dishwashers, and other similar household items.

3 "Manufacturer's identification number" means any serial

4 number or other similar numerical or alphabetical designation

5 imprinted upon or attached to or placed, stamped, or otherwise

6 imprinted upon or attached to a household appliance or item by

7 the manufacturer for purposes of identifying a particular

8 appliance or item individually or by lot number.

9 (Source: P.A. 96-1551, eff. 7-1-11.)

10 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

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

12 (a) A person commits the offense of unlawful use of weapons

13 when he knowingly:

14 (1) Sells, manufactures, purchases, possesses or

15 carries any bludgeon, black-jack, slung-shot, sand-club,

16 sand-bag, metal knuckles or other knuckle weapon

17 regardless of its composition, throwing star, or any knife,

18 commonly referred to as a switchblade knife, which has a

19 blade that opens automatically by hand pressure applied to

20 a button, spring or other device in the handle of the

21 knife, or a ballistic knife, which is a device that propels

22 a knifelike blade as a projectile by means of a coil

23 spring, elastic material or compressed gas; or

24 (2) Carries or possesses with intent to use the same

25 unlawfully against another, a dagger, dirk, billy,

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1 dangerous knife, razor, stiletto, broken bottle or other

2 piece of glass, stun gun or taser or any other dangerous or

3 deadly weapon or instrument of like character; or

4 (2.5) Carries or possesses with intent to use the same

5 unlawfully against another, any firearm in a church,

6 synagogue, mosque, or other building, structure, or place

7 used for religious worship; or

8 (3) Carries on or about his person or in any vehicle, a

9 tear gas gun projector or bomb or any object containing

10 noxious liquid gas or substance, other than an object

11 containing a non-lethal noxious liquid gas or substance

12 designed solely for personal defense carried by a person 18

13 years of age or older; or

14 (4) Carries or possesses in any vehicle or concealed on

15 or about his person except when on his land or in his own

16 abode, legal dwelling, or fixed place of business, or on

17 the land or in the legal dwelling of another person as an

18 invitee with that person's permission, any pistol,

19 revolver, stun gun or taser or other firearm, except that

20 this subsection (a) (4) does not apply to or affect

21 transportation of weapons that meet one of the following

22 conditions:

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

24 (ii) are not immediately accessible; or

25 (iii) are unloaded and enclosed in a case, firearm

26 carrying box, shipping box, or other container by a

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1 person eligible under State and federal law to possess

2 a firearm ~~who has been issued a currently valid Firearm~~

3 ~~Owner's Identification Card~~; or

4 (iv) are carried or possessed in accordance with

5 the Firearm Concealed Carry Act by a person who has

6 been issued a currently valid license under the Firearm

7 Concealed Carry Act; or

8 (5) Sets a spring gun; or

9 (6) Possesses any device or attachment of any kind

10 designed, used or intended for use in silencing the report

11 of any firearm; or

12 (7) Sells, manufactures, purchases, possesses or

13 carries:

14 (i) a machine gun, which shall be defined for the

15 purposes of this subsection as any weapon, which

16 shoots, is designed to shoot, or can be readily

17 restored to shoot, automatically more than one shot

18 without manually reloading by a single function of the

19 trigger, including the frame or receiver of any such

20 weapon, or sells, manufactures, purchases, possesses,

21 or carries any combination of parts designed or

22 intended for use in converting any weapon into a

23 machine gun, or any combination or parts from which a

24 machine gun can be assembled if such parts are in the

25 possession or under the control of a person;

26 (ii) any rifle having one or more barrels less than

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1 16 inches in length or a shotgun having one or more

2 barrels less than 18 inches in length or any weapon

3 made from a rifle or shotgun, whether by alteration,

4 modification, or otherwise, if such a weapon as

5 modified has an overall length of less than 26 inches;

6 or

7 (iii) any bomb, bomb-shell, grenade, bottle or

8 other container containing an explosive substance of

9 over one-quarter ounce for like purposes, such as, but

10 not limited to, black powder bombs and Molotov

11 cocktails or artillery projectiles; or

12 (8) Carries or possesses any firearm, stun gun or taser

13 or other deadly weapon in any place which is licensed to

14 sell intoxicating beverages, or at any public gathering

15 held pursuant to a license issued by any governmental body

16 or any public gathering at which an admission is charged,

17 excluding a place where a showing, demonstration or lecture

18 involving the exhibition of unloaded firearms is

19 conducted.

20 This subsection (a)(8) does not apply to any auction or

21 raffle of a firearm held pursuant to a license or permit

22 issued by a governmental body, nor does it apply to persons

23 engaged in firearm safety training courses; or

24 (9) Carries or possesses in a vehicle or on or about

25 his or her person any pistol, revolver, stun gun or taser

26 or firearm or ballistic knife, when he or she is hooded,

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1 robed or masked in such manner as to conceal his or her

2 identity; or

3 (10) Carries or possesses on or about his or her

4 person, upon any public street, alley, or other public

5 lands within the corporate limits of a city, village, or

6 incorporated town, except when an invitee thereon or

7 therein, for the purpose of the display of such weapon or

8 the lawful commerce in weapons, or except when on his land

9 or in his or her own abode, legal dwelling, or fixed place

10 of business, or on the land or in the legal dwelling of

11 another person as an invitee with that person's permission,

12 any pistol, revolver, stun gun, or taser or other firearm,

13 except that this subsection (a) (10) does not apply to or

14 affect transportation of weapons that meet one of the

15 following conditions:

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

17 (ii) are not immediately accessible; or

18 (iii) are unloaded and enclosed in a case, firearm

19 carrying box, shipping box, or other container by a

20 person eligible under State and federal law to possess

21 a firearm ~~who has been issued a currently valid Firearm~~

22 ~~Owner's Identification Card~~; or

23 (iv) are carried or possessed in accordance with

24 the Firearm Concealed Carry Act by a person who has

25 been issued a currently valid license under the Firearm

26 Concealed Carry Act.

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1 A "stun gun or taser", as used in this paragraph (a)

2 means (i) any device which is powered by electrical

3 charging units, such as, batteries, and which fires one or

4 several barbs attached to a length of wire and which, upon

5 hitting a human, can send out a current capable of

6 disrupting the person's nervous system in such a manner as

7 to render him incapable of normal functioning or (ii) any

8 device which is powered by electrical charging units, such

9 as batteries, and which, upon contact with a human or

10 clothing worn by a human, can send out current capable of

11 disrupting the person's nervous system in such a manner as

12 to render him incapable of normal functioning; or

13 (11) Sells, manufactures, or purchases any explosive

14 bullet. For purposes of this paragraph (a) "explosive

15 bullet" means the projectile portion of an ammunition

16 cartridge which contains or carries an explosive charge

17 which will explode upon contact with the flesh of a human

18 or an animal. "Cartridge" means a tubular metal case having

19 a projectile affixed at the front thereof and a cap or

20 primer at the rear end thereof, with the propellant

21 contained in such tube between the projectile and the cap;

22 or

23 (12) (Blank); or

24 (13) Carries or possesses on or about his or her person

25 while in a building occupied by a unit of government, a

26 billy club, other weapon of like character, or other

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1 instrument of like character intended for use as a weapon.

2 For the purposes of this Section, "billy club" means a

3 short stick or club commonly carried by police officers

4 which is either telescopic or constructed of a solid piece

5 of wood or other man-made material.

6 (b) Sentence. A person convicted of a violation of

7 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

8 subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a

9 Class A misdemeanor. A person convicted of a violation of

10 subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a

11 person convicted of a violation of subsection 24-1(a)(6) or

12 24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person

13 convicted of a violation of subsection 24-1(a)(7)(i) commits a

14 Class 2 felony and shall be sentenced to a term of imprisonment

15 of not less than 3 years and not more than 7 years, unless the

16 weapon is possessed in the passenger compartment of a motor

17 vehicle as defined in Section 1-146 of the Illinois Vehicle

18 Code, or on the person, while the weapon is loaded, in which

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

20 second or subsequent violation of subsection 24-1(a)(4),

21 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3

22 felony. A person convicted of a violation of subsection

23 24-1(a)(2.5) commits a Class 2 felony. The possession of each

24 weapon in violation of this Section constitutes a single and

25 separate violation.

26 (c) Violations in specific places.

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1 (1) A person who violates subsection 24-1(a)(6) or

2 24-1(a)(7) in any school, regardless of the time of day or

3 the time of year, in residential property owned, operated

4 or managed by a public housing agency or leased by a public

5 housing agency as part of a scattered site or mixed-income

6 development, in a public park, in a courthouse, on the real

7 property comprising any school, regardless of the time of

8 day or the time of year, on residential property owned,

9 operated or managed by a public housing agency or leased by

10 a public housing agency as part of a scattered site or

11 mixed-income development, on the real property comprising

12 any public park, on the real property comprising any

13 courthouse, in any conveyance owned, leased or contracted

14 by a school to transport students to or from school or a

15 school related activity, in any conveyance owned, leased,

16 or contracted by a public transportation agency, or on any

17 public way within 1,000 feet of the real property

18 comprising any school, public park, courthouse, public

19 transportation facility, or residential property owned,

20 operated, or managed by a public housing agency or leased

21 by a public housing agency as part of a scattered site or

22 mixed-income development commits a Class 2 felony and shall

23 be sentenced to a term of imprisonment of not less than 3

24 years and not more than 7 years.

25 (1.5) A person who violates subsection 24-1(a)(4),

26 24-1(a)(9), or 24-1(a)(10) in any school, regardless of the

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1 time of day or the time of year, in residential property

2 owned, operated, or managed by a public housing agency or

3 leased by a public housing agency as part of a scattered

4 site or mixed-income development, in a public park, in a

5 courthouse, on the real property comprising any school,

6 regardless of the time of day or the time of year, on

7 residential property owned, operated, or managed by a

8 public housing agency or leased by a public housing agency

9 as part of a scattered site or mixed-income development, on

10 the real property comprising any public park, on the real

11 property comprising any courthouse, in any conveyance

12 owned, leased, or contracted by a school to transport

13 students to or from school or a school related activity, in

14 any conveyance owned, leased, or contracted by a public

15 transportation agency, or on any public way within 1,000

16 feet of the real property comprising any school, public

17 park, courthouse, public transportation facility, or

18 residential property owned, operated, or managed by a

19 public housing agency or leased by a public housing agency

20 as part of a scattered site or mixed-income development

21 commits a Class 3 felony.

22 (2) A person who violates subsection 24-1(a)(1),

23 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

24 time of day or the time of year, in residential property

25 owned, operated or managed by a public housing agency or

26 leased by a public housing agency as part of a scattered

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1 site or mixed-income development, in a public park, in a

2 courthouse, on the real property comprising any school,

3 regardless of the time of day or the time of year, on

4 residential property owned, operated or managed by a public

5 housing agency or leased by a public housing agency as part

6 of a scattered site or mixed-income development, on the

7 real property comprising any public park, on the real

8 property comprising any courthouse, in any conveyance

9 owned, leased or contracted by a school to transport

10 students to or from school or a school related activity, in

11 any conveyance owned, leased, or contracted by a public

12 transportation agency, or on any public way within 1,000

13 feet of the real property comprising any school, public

14 park, courthouse, public transportation facility, or

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

18 commits a Class 4 felony. "Courthouse" means any building

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

20 this State for the conduct of official business.

21 (3) Paragraphs (1), (1.5), and (2) of this subsection

22 (c) shall not apply to law enforcement officers or security

23 officers of such school, college, or university or to

24 students carrying or possessing firearms for use in

25 training courses, parades, hunting, target shooting on

26 school ranges, or otherwise with the consent of school

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1 authorities and which firearms are transported unloaded

2 enclosed in a suitable case, box, or transportation

3 package.

4 (4) For the purposes of this subsection (c), "school"

5 means any public or private elementary or secondary school,

6 community college, college, or university.

7 (5) For the purposes of this subsection (c), "public

8 transportation agency" means a public or private agency

9 that provides for the transportation or conveyance of

10 persons by means available to the general public, except

11 for transportation by automobiles not used for conveyance

12 of the general public as passengers; and "public

13 transportation facility" means a terminal or other place

14 where one may obtain public transportation.

15 (d) The presence in an automobile other than a public

16 omnibus of any weapon, instrument or substance referred to in

17 subsection (a)(7) is prima facie evidence that it is in the

18 possession of, and is being carried by, all persons occupying

19 such automobile at the time such weapon, instrument or

20 substance is found, except under the following circumstances:

21 (i) if such weapon, instrument or instrumentality is found upon

22 the person of one of the occupants therein; or (ii) if such

23 weapon, instrument or substance is found in an automobile

24 operated for hire by a duly licensed driver in the due, lawful

25 and proper pursuit of his or her trade, then such presumption

26 shall not apply to the driver.

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1 (e) Exemptions.

2 (1) Crossbows, Common or Compound bows and Underwater

3 Spearguns are exempted from the definition of ballistic

4 knife as defined in paragraph (1) of subsection (a) of this

5 Section.

6 (2) The provision of paragraph (1) of subsection (a) of

7 this Section prohibiting the sale, manufacture, purchase,

8 possession, or carrying of any knife, commonly referred to

9 as a switchblade knife, which has a blade that opens

10 automatically by hand pressure applied to a button, spring

11 or other device in the handle of the knife, does not apply

12 to a person eligible under State and federal law to possess

13 a firearm ~~who possesses a currently valid Firearm Owner's~~

14 ~~Identification Card previously issued in his or her name by~~

15 ~~the Department of State Police~~ or to a person or an entity

16 engaged in the business of selling or manufacturing

17 switchblade knives.

18 (Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)

19 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)

20 Sec. 24-1.1. Unlawful use or possession of weapons by

21 felons or persons in the custody of the Department of

22 Corrections facilities.

23 (a) It is unlawful for a person to knowingly possess on or

24 about his person or on his land or in his own abode or fixed

25 place of business any weapon prohibited under Section 24-1 of

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1 this Act or any firearm or any firearm ammunition if the person

2 has been convicted of a felony under the laws of this State or

3 any other jurisdiction. This Section shall not apply if the

4 person has been granted reliefunder this subsection ~~by the~~

5 ~~Director of the Department of State Police under Section 10 of~~

6 ~~the Firearm Owners Identification Card Act~~. A person prohibited

7 from possessing a firearm under this subsection (a) may

8 petition the Director of the Illinois State Police for a

9 hearing and relief from the prohibition, unless the prohibition

10 was based upon a forcible felony, stalking, aggravated

11 stalking, domestic battery, any violation of the Illinois

12 Controlled Substances Act, the Methamphetamine Control and

13 Community Protection Act, or the Cannabis Control Act that is

14 classified as a Class 2 or greater felony, any felony violation

15 of Article 24 of the Criminal Code of 1961 or the Criminal Code

16 of 2012, or any adjudication as a delinquent minor for the

17 commission of an offense that if committed by an adult would be

18 a felony, in which case the person may petition the circuit

19 court in writing in the county of his or her residence for a

20 hearing and relief from the prohibition. The Director or court

21 may grant the relief if it is established by the petitioner to

22 the court's or Director's satisfaction that:

23 (1) when in the circuit court, the State's Attorney has

24 been served with a written copy of the petition at least 30

25 days before any hearing in the circuit court and at the

26 hearing the State's Attorney was afforded an opportunity to

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1 present evidence and object to the petition;

2 (2) the petitioner has not been convicted of a forcible

3 felony under the laws of this State or any other

4 jurisdiction within 20 years of the filing of the petition,

5 or at least 20 years have passed since the end of any

6 period of imprisonment imposed in relation to that

7 conviction;

8 (3) the circumstances regarding a criminal conviction,

9 where applicable, the petitioner's criminal history and

10 his or her reputation are such that the petitioner will not

11 be likely to act in a manner dangerous to public safety;

12 (4) granting relief would not be contrary to the public

13 interest; and

14 (5) granting relief would not be contrary to federal

15 law.

16 (b) It is unlawful for any person confined in a penal

17 institution, which is a facility of the Illinois Department of

18 Corrections, to possess any weapon prohibited under Section

19 24-1 of this Code or any firearm or firearm ammunition,

20 regardless of the intent with which he possesses it.

21 (c) It shall be an affirmative defense to a violation of

22 subsection (b), that such possession was specifically

23 authorized by rule, regulation, or directive of the Illinois

24 Department of Corrections or order issued pursuant thereto.

25 (d) The defense of necessity is not available to a person

26 who is charged with a violation of subsection (b) of this

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1 Section.

2 (e) Sentence. Violation of this Section by a person not

3 confined in a penal institution shall be a Class 3 felony for

4 which the person shall be sentenced to no less than 2 years and

5 no more than 10 years. A second or subsequent violation of this

6 Section shall be a Class 2 felony for which the person shall be

7 sentenced to a term of imprisonment of not less than 3 years

8 and not more than 14 years, except as provided for in Section

9 5-4.5-110 of the Unified Code of Corrections. Violation of this

10 Section by a person not confined in a penal institution who has

11 been convicted of a forcible felony, a felony violation of

12 Article 24 of this Code ~~or of the Firearm Owners Identification~~

13 ~~Card Act~~, stalking or aggravated stalking, or a Class 2 or

14 greater felony under the Illinois Controlled Substances Act,

15 the Cannabis Control Act, or the Methamphetamine Control and

16 Community Protection Act is a Class 2 felony for which the

17 person shall be sentenced to not less than 3 years and not more

18 than 14 years, except as provided for in Section 5-4.5-110 of

19 the Unified Code of Corrections. Violation of this Section by a

20 person who is on parole or mandatory supervised release is a

21 Class 2 felony for which the person shall be sentenced to not

22 less than 3 years and not more than 14 years, except as

23 provided for in Section 5-4.5-110 of the Unified Code of

24 Corrections. Violation of this Section by a person not confined

25 in a penal institution is a Class X felony when the firearm

26 possessed is a machine gun. Any person who violates this

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1 Section while confined in a penal institution, which is a

2 facility of the Illinois Department of Corrections, is guilty

3 of a Class 1 felony, if he possesses any weapon prohibited

4 under Section 24-1 of this Code regardless of the intent with

5 which he possesses it, a Class X felony if he possesses any

6 firearm, firearm ammunition or explosive, and a Class X felony

7 for which the offender shall be sentenced to not less than 12

8 years and not more than 50 years when the firearm possessed is

9 a machine gun. A violation of this Section while wearing or in

10 possession of body armor as defined in Section 33F-1 is a Class

11 X felony punishable by a term of imprisonment of not less than

12 10 years and not more than 40 years. The possession of each

13 firearm or firearm ammunition in violation of this Section

14 constitutes a single and separate violation.

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

16 (720 ILCS 5/24-1.6)

17 Sec. 24-1.6. Aggravated unlawful use of a weapon.

18 (a) A person commits the offense of aggravated unlawful use

19 of a weapon when he or she knowingly:

20 (1) Carries on or about his or her person or in any

21 vehicle or concealed on or about his or her person except

22 when on his or her land or in his or her abode, legal

23 dwelling, or fixed place of business, or on the land or in

24 the legal dwelling of another person as an invitee with

25 that person's permission, any pistol, revolver, stun gun or

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1 taser or other firearm; or

2 (2) Carries or possesses on or about his or her person,

3 upon any public street, alley, or other public lands within

4 the corporate limits of a city, village or incorporated

5 town, except when an invitee thereon or therein, for the

6 purpose of the display of such weapon or the lawful

7 commerce in weapons, or except when on his or her own land

8 or in his or her own abode, legal dwelling, or fixed place

9 of business, or on the land or in the legal dwelling of

10 another person as an invitee with that person's permission,

11 any pistol, revolver, stun gun or taser or other firearm;

12 and

13 (3) One of the following factors is present:

14 (A) the firearm, other than a pistol, revolver, or

15 handgun, possessed was uncased, loaded, and

16 immediately accessible at the time of the offense; or

17 (A-5) the pistol, revolver, or handgun possessed

18 was uncased, loaded, and immediately accessible at the

19 time of the offense and the person possessing the

20 pistol, revolver, or handgun has not been issued a

21 currently valid license under the Firearm Concealed

22 Carry Act; or

23 (B) the firearm, other than a pistol, revolver, or

24 handgun, possessed was uncased, unloaded, and the

25 ammunition for the weapon was immediately accessible

26 at the time of the offense; or

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1 (B-5) the pistol, revolver, or handgun possessed

2 was uncased, unloaded, and the ammunition for the

3 weapon was immediately accessible at the time of the

4 offense and the person possessing the pistol,

5 revolver, or handgun has not been issued a currently

6 valid license under the Firearm Concealed Carry Act; or

7 (C) (blank); or ~~the person possessing the firearm~~

8 ~~has not been issued a currently valid Firearm Owner's~~

9 ~~Identification Card; or~~

10 (D) the person possessing the weapon was

11 previously adjudicated a delinquent minor under the

12 Juvenile Court Act of 1987 for an act that if committed

13 by an adult would be a felony; or

14 (E) the person possessing the weapon was engaged in

15 a misdemeanor violation of the Cannabis Control Act, in

16 a misdemeanor violation of the Illinois Controlled

17 Substances Act, or in a misdemeanor violation of the

18 Methamphetamine Control and Community Protection Act;

19 or

20 (F) (blank); or

21 (G) the person possessing the weapon had an order

22 of protection issued against him or her within the

23 previous 2 years; or

24 (H) the person possessing the weapon was engaged in

25 the commission or attempted commission of a

26 misdemeanor involving the use or threat of violence

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1 against the person or property of another; or

2 (I) the person possessing the weapon was under 21

3 years of age and in possession of a handgun, unless the

4 person under 21 is engaged in lawful activities under

5 the Wildlife Code or described in subsection

6 24-2(b)(1), (b)(3), or 24-2(f).

7 (a-5) "Handgun" as used in this Section has the meaning

8 given to it in Section 5 of the Firearm Concealed Carry Act.

9 (b) "Stun gun or taser" as used in this Section has the

10 same definition given to it in Section 24-1 of this Code.

11 (c) This Section does not apply to or affect the

12 transportation or possession of weapons that:

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

14 (ii) are not immediately accessible; or

15 (iii) are unloaded and enclosed in a case, firearm

16 carrying box, shipping box, or other container by a person

17 is eligible under State and federal law to possess a

18 firearm ~~who has been issued a currently valid Firearm~~

19 ~~Owner's Identification Card~~.

20 (d) Sentence.

21 (1) Aggravated unlawful use of a weapon is a Class 4

22 felony; a second or subsequent offense is a Class 2 felony

23 for which the person shall be sentenced to a term of

24 imprisonment of not less than 3 years and not more than 7

25 years, except as provided for in Section 5-4.5-110 of the

26 Unified Code of Corrections.

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1 (2) (Blank). ~~Except as otherwise provided in~~

2 ~~paragraphs (3) and (4) of this subsection (d), a first~~

3 ~~offense of aggravated unlawful use of a weapon committed~~

4 ~~with a firearm by a person 18 years of age or older where~~

5 ~~the factors listed in both items (A) and (C) or both items~~

6 ~~(A-5) and (C) of paragraph (3) of subsection (a) are~~

7 ~~present is a Class 4 felony, for which the person shall be~~

8 ~~sentenced to a term of imprisonment of not less than one~~

9 ~~year and not more than 3 years.~~

10 (3) Aggravated unlawful use of a weapon by a person who

11 has been previously convicted of a felony in this State or

12 another jurisdiction is a Class 2 felony for which the

13 person shall be sentenced to a term of imprisonment of not

14 less than 3 years and not more than 7 years, except as

15 provided for in Section 5-4.5-110 of the Unified Code of

16 Corrections.

17 (4) Aggravated unlawful use of a weapon while wearing

18 or in possession of body armor as defined in Section 33F-1

19 by a person who is prohibited under State or federal law

20 from possessing a firearm ~~has not been issued a valid~~

21 ~~Firearms Owner's Identification Card in accordance with~~

22 ~~Section 5 of the Firearm Owners Identification Card Act~~ is

23 a Class X felony.

24 (e) The possession of each firearm in violation of this

25 Section constitutes a single and separate violation.

26 (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

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1 (720 ILCS 5/24-1.8)

2 Sec. 24-1.8. Unlawful possession of a firearm by a street

3 gang member.

4 (a) A person commits unlawful possession of a firearm by a

5 street gang member when he or she knowingly:

6 (1) possesses, carries, or conceals on or about his or

7 her person a firearm and firearm ammunition while on any

8 street, road, alley, gangway, sidewalk, or any other lands,

9 except when inside his or her own abode or inside his or

10 her fixed place of business, ~~and has not been issued a~~

11 ~~currently valid Firearm Owner's Identification Card~~ and is

12 a member of a street gang; or

13 (2) possesses or carries in any vehicle a firearm and

14 firearm ammunition which are both immediately accessible

15 at the time of the offense while on any street, road,

16 alley, or any other lands, except when inside his or her

17 own abode or garage, ~~and has not been issued a currently~~

18 ~~valid Firearm Owner's Identification Card~~ and is a member

19 of a street gang.

20 (b) Unlawful possession of a firearm by a street gang

21 member is a Class 2 felony for which the person, if sentenced

22 to a term of imprisonment, shall be sentenced to no less than 3

23 years and no more than 10 years. A period of probation, a term

24 of periodic imprisonment or conditional discharge shall not be

25 imposed for the offense of unlawful possession of a firearm by

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1 a street gang member when the firearm was loaded or contained

2 firearm ammunition and the court shall sentence the offender to

3 not less than the minimum term of imprisonment authorized for

4 the Class 2 felony.

5 (c) For purposes of this Section:

6 "Street gang" or "gang" has the meaning ascribed to it

7 in Section 10 of the Illinois Streetgang Terrorism Omnibus

8 Prevention Act.

9 "Street gang member" or "gang member" has the meaning

10 ascribed to it in Section 10 of the Illinois Streetgang

11 Terrorism Omnibus Prevention Act.

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

13 (720 ILCS 5/24-2)

14 Sec. 24-2. Exemptions.

15 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

16 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

17 the following:

18 (1) Peace officers, and any person summoned by a peace

19 officer to assist in making arrests or preserving the

20 peace, while actually engaged in assisting such officer.

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

22 penitentiaries, jails and other institutions for the

23 detention of persons accused or convicted of an offense,

24 while in the performance of their official duty, or while

25 commuting between their homes and places of employment.

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1 (3) Members of the Armed Services or Reserve Forces of

2 the United States or the Illinois National Guard or the

3 Reserve Officers Training Corps, while in the performance

4 of their official duty.

5 (4) Special agents employed by a railroad or a public

6 utility to perform police functions, and guards of armored

7 car companies, while actually engaged in the performance of

8 the duties of their employment or commuting between their

9 homes and places of employment; and watchmen while actually

10 engaged in the performance of the duties of their

11 employment.

12 (5) Persons licensed as private security contractors,

13 private detectives, or private alarm contractors, or

14 employed by a private security contractor, private

15 detective, or private alarm contractor agency licensed by

16 the Department of Financial and Professional Regulation,

17 if their duties include the carrying of a weapon under the

18 provisions of the Private Detective, Private Alarm,

19 Private Security, Fingerprint Vendor, and Locksmith Act of

20 2004, while actually engaged in the performance of the

21 duties of their employment or commuting between their homes

22 and places of employment. A person shall be considered

23 eligible for this exemption if he or she has completed the

24 required 20 hours of training for a private security

25 contractor, private detective, or private alarm

26 contractor, or employee of a licensed private security

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1 contractor, private detective, or private alarm contractor

2 agency and 20 hours of required firearm training, and has

3 been issued a firearm control card by the Department of

4 Financial and Professional Regulation. Conditions for the

5 renewal of firearm control cards issued under the

6 provisions of this Section shall be the same as for those

7 cards issued under the provisions of the Private Detective,

8 Private Alarm, Private Security, Fingerprint Vendor, and

9 Locksmith Act of 2004. The firearm control card shall be

10 carried by the private security contractor, private

11 detective, or private alarm contractor, or employee of the

12 licensed private security contractor, private detective,

13 or private alarm contractor agency at all times when he or

14 she is in possession of a concealable weapon permitted by

15 his or her firearm control card.

16 (6) Any person regularly employed in a commercial or

17 industrial operation as a security guard for the protection

18 of persons employed and private property related to such

19 commercial or industrial operation, while actually engaged

20 in the performance of his or her duty or traveling between

21 sites or properties belonging to the employer, and who, as

22 a security guard, is a member of a security force

23 registered with the Department of Financial and

24 Professional Regulation; provided that such security guard

25 has successfully completed a course of study, approved by

26 and supervised by the Department of Financial and

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1 Professional Regulation, consisting of not less than 40

2 hours of training that includes the theory of law

3 enforcement, liability for acts, and the handling of

4 weapons. A person shall be considered eligible for this

5 exemption if he or she has completed the required 20 hours

6 of training for a security officer and 20 hours of required

7 firearm training, and has been issued a firearm control

8 card by the Department of Financial and Professional

9 Regulation. Conditions for the renewal of firearm control

10 cards issued under the provisions of this Section shall be

11 the same as for those cards issued under the provisions of

12 the Private Detective, Private Alarm, Private Security,

13 Fingerprint Vendor, and Locksmith Act of 2004. The firearm

14 control card shall be carried by the security guard at all

15 times when he or she is in possession of a concealable

16 weapon permitted by his or her firearm control card.

17 (7) Agents and investigators of the Illinois

18 Legislative Investigating Commission authorized by the

19 Commission to carry the weapons specified in subsections

20 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

21 any investigation for the Commission.

22 (8) Persons employed by a financial institution as a

23 security guard for the protection of other employees and

24 property related to such financial institution, while

25 actually engaged in the performance of their duties,

26 commuting between their homes and places of employment, or

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1 traveling between sites or properties owned or operated by

2 such financial institution, and who, as a security guard,

3 is a member of a security force registered with the

4 Department; provided that any person so employed has

5 successfully completed a course of study, approved by and

6 supervised by the Department of Financial and Professional

7 Regulation, consisting of not less than 40 hours of

8 training which includes theory of law enforcement,

9 liability for acts, and the handling of weapons. A person

10 shall be considered to be eligible for this exemption if he

11 or she has completed the required 20 hours of training for

12 a security officer and 20 hours of required firearm

13 training, and has been issued a firearm control card by the

14 Department of Financial and Professional Regulation.

15 Conditions for renewal of firearm control cards issued

16 under the provisions of this Section shall be the same as

17 for those issued under the provisions of the Private

18 Detective, Private Alarm, Private Security, Fingerprint

19 Vendor, and Locksmith Act of 2004. The firearm control card

20 shall be carried by the security guard at all times when he

21 or she is in possession of a concealable weapon permitted

22 by his or her firearm control card. For purposes of this

23 subsection, "financial institution" means a bank, savings

24 and loan association, credit union or company providing

25 armored car services.

26 (9) Any person employed by an armored car company to

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1 drive an armored car, while actually engaged in the

2 performance of his duties.

3 (10) Persons who have been classified as peace officers

4 pursuant to the Peace Officer Fire Investigation Act.

5 (11) Investigators of the Office of the State's

6 Attorneys Appellate Prosecutor authorized by the board of

7 governors of the Office of the State's Attorneys Appellate

8 Prosecutor to carry weapons pursuant to Section 7.06 of the

9 State's Attorneys Appellate Prosecutor's Act.

10 (12) Special investigators appointed by a State's

11 Attorney under Section 3-9005 of the Counties Code.

12 (12.5) Probation officers while in the performance of

13 their duties, or while commuting between their homes,

14 places of employment or specific locations that are part of

15 their assigned duties, with the consent of the chief judge

16 of the circuit for which they are employed, if they have

17 received weapons training according to requirements of the

18 Peace Officer and Probation Officer Firearm Training Act.

19 (13) Court Security Officers while in the performance

20 of their official duties, or while commuting between their

21 homes and places of employment, with the consent of the

22 Sheriff.

23 (13.5) A person employed as an armed security guard at

24 a nuclear energy, storage, weapons or development site or

25 facility regulated by the Nuclear Regulatory Commission

26 who has completed the background screening and training

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1 mandated by the rules and regulations of the Nuclear

2 Regulatory Commission.

3 (14) Manufacture, transportation, or sale of weapons

4 to persons authorized under subdivisions (1) through

5 (13.5) of this subsection to possess those weapons.

6 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

7 to or affect any person carrying a concealed pistol, revolver,

8 or handgun and the person has been issued a currently valid

9 license under the Firearm Concealed Carry Act at the time of

10 the commission of the offense.

11 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

12 to or affect a qualified current or retired law enforcement

13 officer qualified under the laws of this State or under the

14 federal Law Enforcement Officers Safety Act.

15 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

16 24-1.6 do not apply to or affect any of the following:

17 (1) Members of any club or organization organized for

18 the purpose of practicing shooting at targets upon

19 established target ranges, whether public or private, and

20 patrons of such ranges, while such members or patrons are

21 using their firearms on those target ranges.

22 (2) Duly authorized military or civil organizations

23 while parading, with the special permission of the

24 Governor.

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

26 permit while engaged in hunting, trapping or fishing.

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

2 non-functioning state or are not immediately accessible.

3 (5) Carrying or possessing any pistol, revolver, stun

4 gun or taser or other firearm on the land or in the legal

5 dwelling of another person as an invitee with that person's

6 permission.

7 (c) Subsection 24-1(a)(7) does not apply to or affect any

8 of the following:

9 (1) Peace officers while in performance of their

10 official duties.

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

12 penitentiaries, jails and other institutions for the

13 detention of persons accused or convicted of an offense.

14 (3) Members of the Armed Services or Reserve Forces of

15 the United States or the Illinois National Guard, while in

16 the performance of their official duty.

17 (4) Manufacture, transportation, or sale of machine

18 guns to persons authorized under subdivisions (1) through

19 (3) of this subsection to possess machine guns, if the

20 machine guns are broken down in a non-functioning state or

21 are not immediately accessible.

22 (5) Persons licensed under federal law to manufacture

23 any weapon from which 8 or more shots or bullets can be

24 discharged by a single function of the firing device, or

25 ammunition for such weapons, and actually engaged in the

26 business of manufacturing such weapons or ammunition, but

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1 only with respect to activities which are within the lawful

2 scope of such business, such as the manufacture,

3 transportation, or testing of such weapons or ammunition.

4 This exemption does not authorize the general private

5 possession of any weapon from which 8 or more shots or

6 bullets can be discharged by a single function of the

7 firing device, but only such possession and activities as

8 are within the lawful scope of a licensed manufacturing

9 business described in this paragraph.

10 During transportation, such weapons shall be broken

11 down in a non-functioning state or not immediately

12 accessible.

13 (6) The manufacture, transport, testing, delivery,

14 transfer or sale, and all lawful commercial or experimental

15 activities necessary thereto, of rifles, shotguns, and

16 weapons made from rifles or shotguns, or ammunition for

17 such rifles, shotguns or weapons, where engaged in by a

18 person operating as a contractor or subcontractor pursuant

19 to a contract or subcontract for the development and supply

20 of such rifles, shotguns, weapons or ammunition to the

21 United States government or any branch of the Armed Forces

22 of the United States, when such activities are necessary

23 and incident to fulfilling the terms of such contract.

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

25 shall also apply to any authorized agent of any such

26 contractor or subcontractor who is operating within the

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1 scope of his employment, where such activities involving

2 such weapon, weapons or ammunition are necessary and

3 incident to fulfilling the terms of such contract.

4 (7) A person possessing a rifle with a barrel or

5 barrels less than 16 inches in length if: (A) the person

6 has been issued a Curios and Relics license from the U.S.

7 Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)

8 the person is an active member of a bona fide, nationally

9 recognized military re-enacting group and the modification

10 is required and necessary to accurately portray the weapon

11 for historical re-enactment purposes; the re-enactor is in

12 possession of a valid and current re-enacting group

13 membership credential; and the overall length of the weapon

14 as modified is not less than 26 inches.

15 (d) Subsection 24-1(a)(1) does not apply to the purchase,

16 possession or carrying of a black-jack or slung-shot by a peace

17 officer.

18 (e) Subsection 24-1(a)(8) does not apply to any owner,

19 manager or authorized employee of any place specified in that

20 subsection nor to any law enforcement officer.

21 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

22 Section 24-1.6 do not apply to members of any club or

23 organization organized for the purpose of practicing shooting

24 at targets upon established target ranges, whether public or

25 private, while using their firearms on those target ranges.

26 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply

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1 to:

2 (1) Members of the Armed Services or Reserve Forces of

3 the United States or the Illinois National Guard, while in

4 the performance of their official duty.

5 (2) Bonafide collectors of antique or surplus military

6 ordnance.

7 (3) Laboratories having a department of forensic

8 ballistics, or specializing in the development of

9 ammunition or explosive ordnance.

10 (4) Commerce, preparation, assembly or possession of

11 explosive bullets by manufacturers of ammunition licensed

12 by the federal government, in connection with the supply of

13 those organizations and persons exempted by subdivision

14 (g)(1) of this Section, or like organizations and persons

15 outside this State, or the transportation of explosive

16 bullets to any organization or person exempted in this

17 Section by a common carrier or by a vehicle owned or leased

18 by an exempted manufacturer.

19 (g-5) Subsection 24-1(a)(6) does not apply to or affect

20 persons licensed under federal law to manufacture any device or

21 attachment of any kind designed, used, or intended for use in

22 silencing the report of any firearm, firearms, or ammunition

23 for those firearms equipped with those devices, and actually

24 engaged in the business of manufacturing those devices,

25 firearms, or ammunition, but only with respect to activities

26 that are within the lawful scope of that business, such as the

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1 manufacture, transportation, or testing of those devices,

2 firearms, or ammunition. This exemption does not authorize the

3 general private possession of any device or attachment of any

4 kind designed, used, or intended for use in silencing the

5 report of any firearm, but only such possession and activities

6 as are within the lawful scope of a licensed manufacturing

7 business described in this subsection (g-5). During

8 transportation, these devices shall be detached from any weapon

9 or not immediately accessible.

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

11 24-1.6 do not apply to or affect any parole agent or parole

12 supervisor who meets the qualifications and conditions

13 prescribed in Section 3-14-1.5 of the Unified Code of

14 Corrections.

15 (g-7) Subsection 24-1(a)(6) does not apply to a peace

16 officer while serving as a member of a tactical response team

17 or special operations team. A peace officer may not personally

18 own or apply for ownership of a device or attachment of any

19 kind designed, used, or intended for use in silencing the

20 report of any firearm. These devices shall be owned and

21 maintained by lawfully recognized units of government whose

22 duties include the investigation of criminal acts.

23 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and

24 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an

25 athlete's possession, transport on official Olympic and

26 Paralympic transit systems established for athletes, or use of

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1 competition firearms sanctioned by the International Olympic

2 Committee, the International Paralympic Committee, the

3 International Shooting Sport Federation, or USA Shooting in

4 connection with such athlete's training for and participation

5 in shooting competitions at the 2016 Olympic and Paralympic

6 Games and sanctioned test events leading up to the 2016 Olympic

7 and Paralympic Games.

8 (h) An information or indictment based upon a violation of

9 any subsection of this Article need not negative any exemptions

10 contained in this Article. The defendant shall have the burden

11 of proving such an exemption.

12 (i) Nothing in this Article shall prohibit, apply to, or

13 affect the transportation, carrying, or possession, of any

14 pistol or revolver, stun gun, taser, or other firearm consigned

15 to a common carrier operating under license of the State of

16 Illinois or the federal government, where such transportation,

17 carrying, or possession is incident to the lawful

18 transportation in which such common carrier is engaged; and

19 nothing in this Article shall prohibit, apply to, or affect the

20 transportation, carrying, or possession of any pistol,

21 revolver, stun gun, taser, or other firearm, not the subject of

22 and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of

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

24 carrying box, shipping box, or other container, by a person

25 eligible under State and federal law to possess a firearm ~~the~~

26 ~~possessor of a valid Firearm Owners Identification Card~~.

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1 (Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)

2 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

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

4 (A) A person commits the offense of unlawful sale or

5 delivery of firearms when he or she knowingly does any of the

6 following:

7 (a) Sells or gives any firearm of a size which may be

8 concealed upon the person to any person under 18 years of

9 age.

10 (b) Sells or gives any firearm to a person under 21

11 years of age who has been convicted of a misdemeanor other

12 than a traffic offense or adjudged delinquent.

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

14 (d) Sells or gives any firearm to any person who has

15 been convicted of a felony under the laws of this or any

16 other jurisdiction.

17 (e) Sells or gives any firearm to any person who has

18 been a patient in a mental institution within the past 5

19 years. In this subsection (e):

20 "Mental institution" means any hospital,

21 institution, clinic, evaluation facility, mental

22 health center, or part thereof, which is used primarily

23 for the care or treatment of persons with mental

24 illness.

25 "Patient in a mental institution" means the person

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1 was admitted, either voluntarily or involuntarily, to

2 a mental institution for mental health treatment,

3 unless the treatment was voluntary and solely for an

4 alcohol abuse disorder and no other secondary

5 substance abuse disorder or mental illness.

6 (f) Sells or gives any firearms to any person who is a

7 person with an intellectual disability.

8 (g) Delivers any firearm, incidental to a sale, without

9 withholding delivery of the firearm for at least 72 hours

10 after application for its purchase has been made, or

11 delivers a stun gun or taser, incidental to a sale, without

12 withholding delivery of the stun gun or taser for at least

13 24 hours after application for its purchase has been made.

14 However, this paragraph (g) does not apply to: (1) the sale

15 of a firearm to a law enforcement officer if the seller of

16 the firearm knows that the person to whom he or she is

17 selling the firearm is a law enforcement officer or the

18 sale of a firearm to a person who desires to purchase a

19 firearm for use in promoting the public interest incident

20 to his or her employment as a bank guard, armed truck

21 guard, or other similar employment; (2) a mail order sale

22 of a firearm from a federally licensed firearms dealer to a

23 nonresident of Illinois under which the firearm is mailed

24 to a federally licensed firearms dealer outside the

25 boundaries of Illinois; (3) (blank); (4) the sale of a

26 firearm to a dealer licensed as a federal firearms dealer

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1 under Section 923 of the federal Gun Control Act of 1968

2 (18 U.S.C. 923); or (5) the transfer or sale of any rifle,

3 shotgun, or other long gun to a resident registered

4 competitor or attendee or non-resident registered

5 competitor or attendee by any dealer licensed as a federal

6 firearms dealer under Section 923 of the federal Gun

7 Control Act of 1968 at competitive shooting events held at

8 the World Shooting Complex sanctioned by a national

9 governing body. For purposes of transfers or sales under

10 subparagraph (5) of this paragraph (g), the Department of

11 Natural Resources shall give notice to the Department of

12 State Police at least 30 calendar days prior to any

13 competitive shooting events at the World Shooting Complex

14 sanctioned by a national governing body. The notification

15 shall be made on a form prescribed by the Department of

16 State Police. The sanctioning body shall provide a list of

17 all registered competitors and attendees at least 24 hours

18 before the events to the Department of State Police. Any

19 changes to the list of registered competitors and attendees

20 shall be forwarded to the Department of State Police as

21 soon as practicable. The Department of State Police must

22 destroy the list of registered competitors and attendees no

23 later than 30 days after the date of the event. Nothing in

24 this paragraph (g) relieves a federally licensed firearm

25 dealer from the requirements of conducting a NICS

26 background check through the Illinois Point of Contact

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1 under 18 U.S.C. 922(t). For purposes of this paragraph (g),

2 "application" means when the buyer and seller reach an

3 agreement to purchase a firearm. For purposes of this

4 paragraph (g), "national governing body" means a group of

5 persons who adopt rules and formulate policy on behalf of a

6 national firearm sporting organization.

7 (h) While holding any license as a dealer, importer,

8 manufacturer or pawnbroker under the federal Gun Control

9 Act of 1968, manufactures, sells or delivers to any

10 unlicensed person a handgun having a barrel, slide, frame

11 or receiver which is a die casting of zinc alloy or any

12 other nonhomogeneous metal which will melt or deform at a

13 temperature of less than 800 degrees Fahrenheit. For

14 purposes of this paragraph, ~~(1) "firearm" is defined as in~~

15 ~~the Firearm Owners Identification Card Act; and (2)~~

16 "handgun" is defined as a firearm designed to be held and

17 fired by the use of a single hand, and includes a

18 combination of parts from which such a firearm can be

19 assembled.

20 (i) Sells or gives a firearm of any size to any person

21 under 18 years of age whois not eligible under State or

22 federal law to possess a firearm ~~does not possess a valid~~

23 ~~Firearm Owner's Identification Card~~.

24 (j) Sells or gives a firearm while engaged in the

25 business of selling firearms at wholesale or retail without

26 being licensed as a federal firearms dealer under Section

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1 923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).

2 In this paragraph (j):

3 A person "engaged in the business" means a person who

4 devotes time, attention, and labor to engaging in the

5 activity as a regular course of trade or business with the

6 principal objective of livelihood and profit, but does not

7 include a person who makes occasional repairs of firearms

8 or who occasionally fits special barrels, stocks, or

9 trigger mechanisms to firearms.

10 "With the principal objective of livelihood and

11 profit" means that the intent underlying the sale or

12 disposition of firearms is predominantly one of obtaining

13 livelihood and pecuniary gain, as opposed to other intents,

14 such as improving or liquidating a personal firearms

15 collection; however, proof of profit shall not be required

16 as to a person who engages in the regular and repetitive

17 purchase and disposition of firearms for criminal purposes

18 or terrorism.

19 (k) (Blank). ~~Sells or transfers ownership of a firearm~~

20 ~~to a person who does not display to the seller or~~

21 ~~transferor of the firearm either: (1) a currently valid~~

22 ~~Firearm Owner's Identification Card that has previously~~

23 ~~been issued in the transferee's name by the Department of~~

24 ~~State Police under the provisions of the Firearm Owners~~

25 ~~Identification Card Act; or (2) a currently valid license~~

26 ~~to carry a concealed firearm that has previously been~~

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1 ~~issued in the transferee's name by the Department of State~~

2 ~~Police under the Firearm Concealed Carry Act. This~~

3 ~~paragraph (k) does not apply to the transfer of a firearm~~

4 ~~to a person who is exempt from the requirement of~~

5 ~~possessing a Firearm Owner's Identification Card under~~

6 ~~Section 2 of the Firearm Owners Identification Card Act.~~

7 ~~For the purposes of this Section, a currently valid Firearm~~

8 ~~Owner's Identification Card means (i) a Firearm Owner's~~

9 ~~Identification Card that has not expired or (ii) an~~

10 ~~approval number issued in accordance with subsection~~

11 ~~(a-10) of subsection 3 or Section 3.1 of the Firearm Owners~~

12 ~~Identification Card Act shall be proof that the Firearm~~

13 ~~Owner's Identification Card was valid.~~

14 (1) (Blank). ~~In addition to the other requirements~~

15 ~~of this paragraph (k), all persons who are not~~

16 ~~federally licensed firearms dealers must also have~~

17 ~~complied with subsection (a-10) of Section 3 of the~~

18 ~~Firearm Owners Identification Card Act by determining~~

19 ~~the validity of a purchaser's Firearm Owner's~~

20 ~~Identification Card.~~

21 (2) (Blank). ~~All sellers or transferors who have~~

22 ~~complied with the requirements of subparagraph (1) of~~

23 ~~this paragraph (k) shall not be liable for damages in~~

24 ~~any civil action arising from the use or misuse by the~~

25 ~~transferee of the firearm transferred, except for~~

26 ~~willful or wanton misconduct on the part of the seller~~

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1 ~~or transferor.~~

2 (l) Not being entitled to the possession of a firearm,

3 delivers the firearm, knowing it to have been stolen or

4 converted. It may be inferred that a person who possesses a

5 firearm with knowledge that its serial number has been

6 removed or altered has knowledge that the firearm is stolen

7 or converted.

8 (B) Paragraph (h) of subsection (A) does not include

9 firearms sold within 6 months after enactment of Public Act

10 78-355 (approved August 21, 1973, effective October 1, 1973),

11 nor is any firearm legally owned or possessed by any citizen or

12 purchased by any citizen within 6 months after the enactment of

13 Public Act 78-355 subject to confiscation or seizure under the

14 provisions of that Public Act. Nothing in Public Act 78-355

15 shall be construed to prohibit the gift or trade of any firearm

16 if that firearm was legally held or acquired within 6 months

17 after the enactment of that Public Act.

18 (C) Sentence.

19 (1) Any person convicted of unlawful sale or delivery

20 of firearms in violation of paragraph (c), (e), (f), (g),

21 or (h) of subsection (A) commits a Class 4 felony.

22 (2) Any person convicted of unlawful sale or delivery

23 of firearms in violation of paragraph (b) or (i) of

24 subsection (A) commits a Class 3 felony.

25 (3) Any person convicted of unlawful sale or delivery

26 of firearms in violation of paragraph (a) of subsection (A)

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1 commits a Class 2 felony.

2 (4) Any person convicted of unlawful sale or delivery

3 of firearms in violation of paragraph (a), (b), or (i) of

4 subsection (A) in any school, on the real property

5 comprising a school, within 1,000 feet of the real property

6 comprising a school, at a school related activity, or on or

7 within 1,000 feet of any conveyance owned, leased, or

8 contracted by a school or school district to transport

9 students to or from school or a school related activity,

10 regardless of the time of day or time of year at which the

11 offense was committed, commits a Class 1 felony. Any person

12 convicted of a second or subsequent violation of unlawful

13 sale or delivery of firearms in violation of paragraph (a),

14 (b), or (i) of subsection (A) in any school, on the real

15 property comprising a school, within 1,000 feet of the real

16 property comprising a school, at a school related activity,

17 or on or within 1,000 feet of any conveyance owned, leased,

18 or contracted by a school or school district to transport

19 students to or from school or a school related activity,

20 regardless of the time of day or time of year at which the

21 offense was committed, commits a Class 1 felony for which

22 the sentence shall be a term of imprisonment of no less

23 than 5 years and no more than 15 years.

24 (5) Any person convicted of unlawful sale or delivery

25 of firearms in violation of paragraph (a) or (i) of

26 subsection (A) in residential property owned, operated, or

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1 managed by a public housing agency or leased by a public

2 housing agency as part of a scattered site or mixed-income

3 development, in a public park, in a courthouse, on

4 residential property owned, operated, or managed by a

5 public housing agency or leased by a public housing agency

6 as part of a scattered site or mixed-income development, on

7 the real property comprising any public park, on the real

8 property comprising any courthouse, or on any public way

9 within 1,000 feet of the real property comprising any

10 public park, courthouse, or residential property owned,

11 operated, or managed by a public housing agency or leased

12 by a public housing agency as part of a scattered site or

13 mixed-income development commits a Class 2 felony.

14 (6) Any person convicted of unlawful sale or delivery

15 of firearms in violation of paragraph (j) of subsection (A)

16 commits a Class A misdemeanor. A second or subsequent

17 violation is a Class 4 felony.

18 (7) (Blank). ~~Any person convicted of unlawful sale or~~

19 ~~delivery of firearms in violation of paragraph (k) of~~

20 ~~subsection (A) commits a Class 4 felony, except that a~~

21 ~~violation of subparagraph (1) of paragraph (k) of~~

22 ~~subsection (A) shall not be punishable as a crime or petty~~

23 ~~offense. A third or subsequent conviction for a violation~~

24 ~~of paragraph (k) of subsection (A) is a Class 1 felony.~~

25 (8) A person 18 years of age or older convicted of

26 unlawful sale or delivery of firearms in violation of

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1 paragraph (a) or (i) of subsection (A), when the firearm

2 that was sold or given to another person under 18 years of

3 age was used in the commission of or attempt to commit a

4 forcible felony, shall be fined or imprisoned, or both, not

5 to exceed the maximum provided for the most serious

6 forcible felony so committed or attempted by the person

7 under 18 years of age who was sold or given the firearm.

8 (9) Any person convicted of unlawful sale or delivery

9 of firearms in violation of paragraph (d) of subsection (A)

10 commits a Class 3 felony.

11 (10) Any person convicted of unlawful sale or delivery

12 of firearms in violation of paragraph (l) of subsection (A)

13 commits a Class 2 felony if the delivery is of one firearm.

14 Any person convicted of unlawful sale or delivery of

15 firearms in violation of paragraph (l) of subsection (A)

16 commits a Class 1 felony if the delivery is of not less

17 than 2 and not more than 5 firearms at the same time or

18 within a one year period. Any person convicted of unlawful

19 sale or delivery of firearms in violation of paragraph (l)

20 of subsection (A) commits a Class X felony for which he or

21 she shall be sentenced to a term of imprisonment of not

22 less than 6 years and not more than 30 years if the

23 delivery is of not less than 6 and not more than 10

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

25 person convicted of unlawful sale or delivery of firearms

26 in violation of paragraph (l) of subsection (A) commits a

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1 Class X felony for which he or she shall be sentenced to a

2 term of imprisonment of not less than 6 years and not more

3 than 40 years if the delivery is of not less than 11 and

4 not more than 20 firearms at the same time or within a 3

5 year period. Any person convicted of unlawful sale or

6 delivery of firearms in violation of paragraph (l) of

7 subsection (A) commits a Class X felony for which he or she

8 shall be sentenced to a term of imprisonment of not less

9 than 6 years and not more than 50 years if the delivery is

10 of not less than 21 and not more than 30 firearms at the

11 same time or within a 4 year period. Any person convicted

12 of unlawful sale or delivery of firearms in violation of

13 paragraph (l) of subsection (A) commits a Class X felony

14 for which he or she shall be sentenced to a term of

15 imprisonment of not less than 6 years and not more than 60

16 years if the delivery is of 31 or more firearms at the same

17 time or within a 5 year period.

18 (D) For purposes of this Section:

19 "School" means a public or private elementary or secondary

20 school, community college, college, or university.

21 "School related activity" means any sporting, social,

22 academic, or other activity for which students' attendance or

23 participation is sponsored, organized, or funded in whole or in

24 part by a school or school district.

25 (E) ~~A prosecution for a violation of paragraph (k) of~~

26 ~~subsection (A) of this Section may be commenced within 6 years~~

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1 ~~after the commission of the offense.~~ A prosecution for a

2 violation of this Section other than paragraph (g) of

3 subsection (A) of this Section may be commenced within 5 years

4 after the commission of the offense defined in the particular

5 paragraph.

6 (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;

7 99-642, eff. 7-28-16; 100-606, eff. 1-1-19.)

8 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)

9 Sec. 24-3.1. Unlawful possession of firearms and firearm

10 ammunition.

11 (a) A person commits the offense of unlawful possession of

12 firearms or firearm ammunition when:

13 (1) He is under 18 years of age and has in his

14 possession any firearm of a size which may be concealed

15 upon the person; or

16 (2) He is under 21 years of age, has been convicted of

17 a misdemeanor other than a traffic offense or adjudged

18 delinquent and has any firearms or firearm ammunition in

19 his possession; or

20 (3) He is a narcotic addict and has any firearms or

21 firearm ammunition in his possession; or

22 (4) He has been a patient in a mental institution

23 within the past 5 years and has any firearms or firearm

24 ammunition in his possession. For purposes of this

25 paragraph (4):

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1 "Mental institution" means any hospital,

2 institution, clinic, evaluation facility, mental

3 health center, or part thereof, which is used primarily

4 for the care or treatment of persons with mental

5 illness.

6 "Patient in a mental institution" means the person

7 was admitted, either voluntarily or involuntarily, to

8 a mental institution for mental health treatment,

9 unless the treatment was voluntary and solely for an

10 alcohol abuse disorder and no other secondary

11 substance abuse disorder or mental illness; or

12 (5) He is a person with an intellectual disability and

13 has any firearms or firearm ammunition in his possession;

14 or

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

16 For purposes of this paragraph "explosive bullet" means the

17 projectile portion of an ammunition cartridge which contains or

18 carries an explosive charge which will explode upon contact

19 with the flesh of a human or an animal. "Cartridge" means a

20 tubular metal case having a projectile affixed at the front

21 thereof and a cap or primer at the rear end thereof, with the

22 propellant contained in such tube between the projectile and

23 the cap.

24 (a-5) A person prohibited from possessing a firearm under

25 this Section may petition the Director of the Illinois State

26 Police for a hearing and relief from the prohibition, unless

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1 the prohibition was based upon a forcible felony, stalking,

2 aggravated stalking, domestic battery, any violation of the

3 Illinois Controlled Substances Act, the Methamphetamine

4 Control and Community Protection Act, or the Cannabis Control

5 Act that is classified as a Class 2 or greater felony, any

6 felony violation of Article 24 of the Criminal Code of 1961 or

7 the Criminal Code of 2012, or any adjudication as a delinquent

8 minor for the commission of an offense that if committed by an

9 adult would be a felony, in which case the person may petition

10 the circuit court in writing in the county of his or her

11 residence for a hearing and relief from the prohibition. The

12 Director or court may grant the relief if it is established by

13 the petitioner to the court's or Director's satisfaction that:

14 (1) when in the circuit court, the State's Attorney has

15 been served with a written copy of the petition at least 30

16 days before any hearing in the circuit court and at the

17 hearing the State's Attorney was afforded an opportunity to

18 present evidence and object to the petition;

19 (2) the petitioner has not been convicted of a forcible

20 felony under the laws of this State or any other

21 jurisdiction within 20 years of the filing of the petition,

22 or at least 20 years have passed since the end of any

23 period of imprisonment imposed in relation to that

24 conviction;

25 (3) the circumstances regarding a criminal conviction,

26 where applicable, the petitioner's criminal history and

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1 his reputation are such that the petitioner will not be

2 likely to act in a manner dangerous to public safety;

3 (4) granting relief would not be contrary to the public

4 interest; and

5 (5) granting relief would not be contrary to federal

6 law.

7 (b) Sentence.

8 Unlawful possession of firearms, other than handguns, and

9 firearm ammunition is a Class A misdemeanor. Unlawful

10 possession of handguns is a Class 4 felony. The possession of

11 each firearm or firearm ammunition in violation of this Section

12 constitutes a single and separate violation.

13 (c) Nothing in paragraph (1) of subsection (a) of this

14 Section prohibits a person under 18 years of age from

15 participating in any lawful recreational activity with a

16 firearm such as, but not limited to, practice shooting at

17 targets upon established public or private target ranges or

18 hunting, trapping, or fishing in accordance with the Wildlife

19 Code or the Fish and Aquatic Life Code.

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

21 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)

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

23 (a) A person commits the offense of unlawful discharge of

24 firearm projectiles when he or she knowingly or recklessly uses

25 an armor piercing bullet, dragon's breath shotgun shell, bolo

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1 shell, or flechette shell in violation of this Section.

2 For purposes of this Section:

3 "Armor piercing bullet" means any handgun bullet or handgun

4 ammunition with projectiles or projectile cores constructed

5 entirely (excluding the presence of traces of other substances)

6 from tungsten alloys, steel, iron, brass, bronze, beryllium

7 copper or depleted uranium, or fully jacketed bullets larger

8 than 22 caliber whose jacket has a weight of more than 25% of

9 the total weight of the projectile, and excluding those handgun

10 projectiles whose cores are composed of soft materials such as

11 lead or lead alloys, zinc or zinc alloys, frangible projectiles

12 designed primarily for sporting purposes, and any other

13 projectiles or projectile cores that the U. S. Secretary of the

14 Treasury finds to be primarily intended to be used for sporting

15 purposes or industrial purposes or that otherwise does not

16 constitute "armor piercing ammunition" as that term is defined

17 by federal law.

18 "Dragon's breath shotgun shell" means any shotgun shell

19 that contains exothermic pyrophoric mesh metal as the

20 projectile and is designed for the purpose of throwing or

21 spewing a flame or fireball to simulate a flame-thrower.

22 "Bolo shell" means any shell that can be fired in a firearm

23 and expels as projectiles 2 or more metal balls connected by

24 solid metal wire.

25 "Flechette shell" means any shell that can be fired in a

26 firearm and expels 2 or more pieces of fin-stabilized solid

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1 metal wire or 2 or more solid dart-type projectiles.

2 (b) A person commits a Class X felony when he or she,

3 knowing that a firearm~~, as defined in Section 1.1 of the~~

4 ~~Firearm Owners Identification Card Act,~~is loaded with an armor

5 piercing bullet, dragon's breath shotgun shell, bolo shell, or

6 flechette shell, intentionally or recklessly discharges such

7 firearm and such bullet or shell strikes any other person.

8 (c) Any person who possesses, concealed on or about his or

9 her person, an armor piercing bullet, dragon's breath shotgun

10 shell, bolo shell, or flechette shell and a firearm suitable

11 for the discharge thereof is guilty of a Class 2 felony.

12 (d) This Section does not apply to or affect any of the

13 following:

14 (1) Peace officers;

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 duties;

21 (4) Federal officials required to carry firearms,

22 while engaged in the performance of their official duties;

23 (5) United States Marshals, while engaged in the

24 performance of their official duties.

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

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1 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)

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

3 (a) It shall be unlawful for any person who holds a license

4 to sell at retail any alcoholic liquor issued by the Illinois

5 Liquor Control Commission or local liquor control commissioner

6 under the Liquor Control Act of 1934 or an agent or employee of

7 the licensee to sell or deliver to any other person a firearm

8 in or on the real property of the establishment where the

9 licensee is licensed to sell alcoholic liquors unless the sale

10 or delivery of the firearm is otherwise lawful under this

11 Article ~~and under the Firearm Owners Identification Card Act~~.

12 (b) Sentence. A violation of subsection (a) of this Section

13 is a Class 4 felony.

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

15 (720 ILCS 5/24-3.5)

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

17 (a) For purposes of this Section, "firearms transaction

18 record form" means a form:

19 (1) executed by a transferee of a firearm stating: (i)

20 the transferee's name and address (including county or

21 similar political subdivision); (ii) whether the

22 transferee is a citizen of the United States; (iii) the

23 transferee's State of residence; and (iv) the date and

24 place of birth, height, weight, and race of the transferee;

25 and

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1 (2) on which the transferee certifies that he or she is

2 not prohibited by federal law from transporting or shipping

3 a firearm in interstate or foreign commerce or receiving a

4 firearm that has been shipped or transported in interstate

5 or foreign commerce or possessing a firearm in or affecting

6 commerce.

7 (b) A person commits the offense of unlawful purchase of a

8 firearm who knowingly purchases or attempts to purchase a

9 firearm with the intent to deliver that firearm to another

10 person who is prohibited by federal or State law from

11 possessing a firearm.

12 (c) A person commits the offense of unlawful purchase of a

13 firearm when he or she, in purchasing or attempting to purchase

14 a firearm, intentionally provides false or misleading

15 information on a United States Department of the Treasury,

16 Bureau of Alcohol, Tobacco and Firearms firearms transaction

17 record form.

18 (d) Exemption. It is not a violation of subsection (b) of

19 this Section for a person to make a gift or loan of a firearm to

20 a person who is not prohibited by federal or State law from

21 possessing a firearm~~if the transfer of the firearm is made in~~

22 ~~accordance with Section 3 of the Firearm Owners Identification~~

23 ~~Card Act~~.

24 (e) Sentence.

25 (1) A person who commits the offense of unlawful

26 purchase of a firearm:

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1 (A) is guilty of a Class 2 felony for purchasing or

2 attempting to purchase one firearm;

3 (B) is guilty of a Class 1 felony for purchasing or

4 attempting to purchase not less than 2 firearms and not

5 more than 5 firearms at the same time or within a one

6 year period;

7 (C) is guilty of a Class X felony for which the

8 offender shall be sentenced to a term of imprisonment

9 of not less than 9 years and not more than 40 years for

10 purchasing or attempting to purchase not less than 6

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

12 (2) In addition to any other penalty that may be

13 imposed for a violation of this Section, the court may

14 sentence a person convicted of a violation of subsection

15 (c) of this Section to a fine not to exceed $250,000 for

16 each violation.

17 (f) A prosecution for unlawful purchase of a firearm may be

18 commenced within 6 years after the commission of the offense.

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

20 (720 ILCS 5/24-3B)

21 Sec. 24-3B. Firearms trafficking.

22 (a) A person commits firearms trafficking when he or she is

23 prohibited under federal or State law from possessing a firearm

24 ~~has not been issued a currently valid Firearm Owner's~~

25 ~~Identification Card~~ and knowingly:

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1 (1) brings, or causes to be brought, into this State, a

2 firearm or firearm ammunition for the purpose of sale,

3 delivery, or transfer to any other person or with the

4 intent to sell, deliver, or transfer the firearm or firearm

5 ammunition to any other person; or

6 (2) brings, or causes to be brought, into this State, a

7 firearm and firearm ammunition for the purpose of sale,

8 delivery, or transfer to any other person or with the

9 intent to sell, deliver, or transfer the firearm and

10 firearm ammunition to any other person.

11 (a-5) (Blank). ~~This Section does not apply to:~~

12 ~~(1) a person exempt under Section 2 of the Firearm~~

13 ~~Owners Identification Card Act from the requirement of~~

14 ~~having possession of a Firearm Owner's Identification Card~~

15 ~~previously issued in his or her name by the Department of~~

16 ~~State Police in order to acquire or possess a firearm or~~

17 ~~firearm ammunition;~~

18 ~~(2) a common carrier under subsection (i) of Section~~

19 ~~24-2 of this Code; or~~

20 ~~(3) a non-resident who may lawfully possess a firearm~~

21 ~~in his or her resident state.~~

22 (b) Sentence.

23 (1) Firearms trafficking is a Class 1 felony for which

24 the person, if sentenced to a term of imprisonment, shall

25 be sentenced to not less than 4 years and not more than 20

26 years.

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1 (2) Firearms trafficking by a person who has been

2 previously convicted of firearms trafficking, gunrunning,

3 or a felony offense for the unlawful sale, delivery, or

4 transfer of a firearm or firearm ammunition in this State

5 or another jurisdiction is a Class X felony.

6 (Source: P.A. 99-885, eff. 8-23-16.)

7 (720 ILCS 5/24-4.1)

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

9 (a) If a person ~~who possesses a valid Firearm Owner's~~

10 ~~Identification Card and~~ who possesses or acquires a firearm

11 thereafter loses the firearm, or if the firearm is stolen from

12 the person, the person must report the loss or theft to the

13 local law enforcement agency within 72 hours after obtaining

14 knowledge of the loss or theft.

15 (b) A law enforcement agency having jurisdiction shall take

16 a written report and shall, as soon as practical, enter the

17 firearm's serial number as stolen into the Law Enforcement

18 Agencies Data System (LEADS).

19 (c) A person shall not be in violation of this Section if:

20 (1) the failure to report is due to an act of God, act

21 of war, or inability of a law enforcement agency to receive

22 the report;

23 (2) the person is hospitalized, in a coma, or is

24 otherwise seriously physically or mentally impaired as to

25 prevent the person from reporting; or

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1 (3) the person's designee makes a report if the person

2 is unable to make the report.

3 (d) Sentence. A person who violates this Section is guilty

4 of a petty offense for a first violation. A second or

5 subsequent violation of this Section is a Class A misdemeanor.

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

7 (720 ILCS 5/24-4.5 new)

8 Sec. 24-4.5. Dial up system.

9 (a) The Illinois State Police shall provide a dial up

10 telephone system or utilize other existing technology which

11 shall be used by any federally licensed firearm dealer, gun

12 show promoter, or gun show vendor who is to transfer a firearm,

13 stun gun, or taser under the provisions of this Code. The

14 Illinois State Police may utilize existing technology which

15 allows the caller to be charged a fee not to exceed $2. Fees

16 collected by the Illinois State Police shall be deposited in

17 the State Police Services Fund and used to provide the service.

18 (b) Upon receiving a request from a federally licensed

19 firearm dealer, gun show promoter, or gun show vendor, the

20 Illinois State Police shall immediately approve, or within the

21 time period established by Section 24-3 of this Code regarding

22 the delivery of firearms, stun guns, and tasers notify the

23 inquiring dealer, gun show promoter, or gun show vendor of any

24 objection that would disqualify the transferee from acquiring

25 or possessing a firearm, stun gun, or taser. In conducting the

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1 inquiry, the Illinois State Police shall initiate and complete

2 an automated search of its criminal history record information

3 files and those of the Federal Bureau of Investigation,

4 including the National Instant Criminal Background Check

5 System, and of the files of the Department of Human Services

6 relating to mental health and developmental disabilities to

7 obtain any felony conviction or patient hospitalization

8 information which would disqualify a person from obtaining a

9 firearm.

10 (c) If receipt of a firearm would not violate Section 24-3

11 of this Code or federal law, the Illinois State Police shall:

12 (1) assign a unique identification number to the

13 transfer; and

14 (2) provide the licensee, gun show promoter, or gun

15 show vendor with the number.

16 (d) Approvals issued by the Illinois State Police for the

17 purchase of a firearm are valid for 30 days from the date of

18 issue.

19 (e)(1) The Illinois State Police must act as the Illinois

20 Point of Contact for the National Instant Criminal Background

21 Check System.

22 (2) The Illinois State Police and the Department of Human

23 Services shall, in accordance with State and federal law

24 regarding confidentiality, enter into a memorandum of

25 understanding with the Federal Bureau of Investigation for the

26 purpose of implementing the National Instant Criminal

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1 Background Check System in the State. The Illinois State Police

2 shall report the name, date of birth, and physical description

3 of any person prohibited from possessing a firearm under this

4 Code or 18 U.S.C. 922(g) and (n) to the National Instant

5 Criminal Background Check System Index, Denied Persons Files.

6 (f) The Illinois State Police shall adopt rules not

7 inconsistent with this Section to implement this system.

8 (720 ILCS 5/24-9)

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

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

11 for any person to store or leave, within premises under his or

12 her control, a firearm if the person knows or has reason to

13 believe that a minor under the age of 14 years~~who does not~~

14 ~~have a Firearm Owners Identification Card~~is likely to gain

15 access to the firearm without the lawful permission of the

16 person possessing the firearm, minor's parent, guardian, or

17 person having charge of the minor, and the minor causes death

18 or great bodily harm with the firearm, unless the firearm is:

19 (1) secured by a device or mechanism, other than the

20 firearm safety, designed to render a firearm temporarily

21 inoperable; or

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

23 (3) placed in some other location that a reasonable

24 person would believe to be secure from a minor under the

25 age of 14 years.

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1 (b) Sentence. A person who violates this Section is guilty

2 of a Class C misdemeanor and shall be fined not less than

3 $1,000. A second or subsequent violation of this Section is a

4 Class A misdemeanor.

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

6 (1) if the minor under 14 years of age gains access to

7 a firearm and uses it in a lawful act of self-defense or

8 defense of another; or

9 (2) to any firearm obtained by a minor under the age of

10 14 because of an unlawful entry of the premises by the

11 minor or another person.

12 (d) (Blank). ~~For the purposes of this Section, "firearm"~~

13 ~~has the meaning ascribed to it in Section 1.1 of the Firearm~~

14 ~~Owners Identification Card Act.~~

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

16 Section 85. The Methamphetamine Control and Community

17 Protection Act is amended by changing Section 10 as follows:

18 (720 ILCS 646/10)

19 Sec. 10. Definitions. As used in this Act:

20 "Anhydrous ammonia" has the meaning provided in subsection

21 (d) of Section 3 of the Illinois Fertilizer Act of 1961.

22 "Anhydrous ammonia equipment" means all items used to

23 store, hold, contain, handle, transfer, transport, or apply

24 anhydrous ammonia for lawful purposes.

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1 "Booby trap" means any device designed to cause physical

2 injury when triggered by an act of a person approaching,

3 entering, or moving through a structure, a vehicle, or any

4 location where methamphetamine has been manufactured, is being

5 manufactured, or is intended to be manufactured.

6 "Deliver" or "delivery" has the meaning provided in

7 subsection (h) of Section 102 of the Illinois Controlled

8 Substances Act.

9 "Director" means the Director of State Police or the

10 Director's designated agents.

11 "Dispose" or "disposal" means to abandon, discharge,

12 release, deposit, inject, dump, spill, leak, or place

13 methamphetamine waste onto or into any land, water, or well of

14 any type so that the waste has the potential to enter the

15 environment, be emitted into the air, or be discharged into the

16 soil or any waters, including groundwater.

17 "Emergency response" means the act of collecting evidence

18 from or securing a methamphetamine laboratory site,

19 methamphetamine waste site or other methamphetamine-related

20 site and cleaning up the site, whether these actions are

21 performed by public entities or private contractors paid by

22 public entities.

23 "Emergency service provider" means a local, State, or

24 federal peace officer, firefighter, emergency medical

25 technician-ambulance, emergency medical

26 technician-intermediate, emergency medical

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1 technician-paramedic, ambulance driver, or other medical or

2 first aid personnel rendering aid, or any agent or designee of

3 the foregoing.

4 "Finished methamphetamine" means methamphetamine in a form

5 commonly used for personal consumption.

6 "Firearm" has the meaning provided in Section 2-7.5 of the

7 Criminal Code of 2012 ~~1.1 of the Firearm Owners Identification~~

8 ~~Card Act~~.

9 "Manufacture" means to produce, prepare, compound,

10 convert, process, synthesize, concentrate, purify, separate,

11 extract, or package any methamphetamine, methamphetamine

12 precursor, methamphetamine manufacturing catalyst,

13 methamphetamine manufacturing reagent, methamphetamine

14 manufacturing solvent, or any substance containing any of the

15 foregoing.

16 "Methamphetamine" means the chemical methamphetamine (a

17 Schedule II controlled substance under the Illinois Controlled

18 Substances Act) or any salt, optical isomer, salt of optical

19 isomer, or analog thereof, with the exception of

20 3,4-Methylenedioxymethamphetamine (MDMA) or any other

21 scheduled substance with a separate listing under the Illinois

22 Controlled Substances Act.

23 "Methamphetamine manufacturing catalyst" means any

24 substance that has been used, is being used, or is intended to

25 be used to activate, accelerate, extend, or improve a chemical

26 reaction involved in the manufacture of methamphetamine.

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1 "Methamphetamine manufacturing environment" means a

2 structure or vehicle in which:

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

4 (2) chemicals that are being used, have been used, or

5 are intended to be used to manufacture methamphetamine are

6 stored;

7 (3) methamphetamine manufacturing materials that have

8 been used to manufacture methamphetamine are stored; or

9 (4) methamphetamine manufacturing waste is stored.

10 "Methamphetamine manufacturing material" means any

11 methamphetamine precursor, substance containing any

12 methamphetamine precursor, methamphetamine manufacturing

13 catalyst, substance containing any methamphetamine

14 manufacturing catalyst, methamphetamine manufacturing reagent,

15 substance containing any methamphetamine manufacturing

16 reagent, methamphetamine manufacturing solvent, substance

17 containing any methamphetamine manufacturing solvent, or any

18 other chemical, substance, ingredient, equipment, apparatus,

19 or item that is being used, has been used, or is intended to be

20 used in the manufacture of methamphetamine.

21 "Methamphetamine manufacturing reagent" means any

22 substance other than a methamphetamine manufacturing catalyst

23 that has been used, is being used, or is intended to be used to

24 react with and chemically alter any methamphetamine precursor.

25 "Methamphetamine manufacturing solvent" means any

26 substance that has been used, is being used, or is intended to

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1 be used as a medium in which any methamphetamine precursor,

2 methamphetamine manufacturing catalyst, methamphetamine

3 manufacturing reagent, or any substance containing any of the

4 foregoing is dissolved, diluted, or washed during any part of

5 the methamphetamine manufacturing process.

6 "Methamphetamine manufacturing waste" means any chemical,

7 substance, ingredient, equipment, apparatus, or item that is

8 left over from, results from, or is produced by the process of

9 manufacturing methamphetamine, other than finished

10 methamphetamine.

11 "Methamphetamine precursor" means ephedrine,

12 pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,

13 phenylacetone, phenyl-2-propanone, P2P, or any salt, optical

14 isomer, or salt of an optical isomer of any of these chemicals.

15 "Multi-unit dwelling" means a unified structure used or

16 intended for use as a habitation, home, or residence that

17 contains 2 or more condominiums, apartments, hotel rooms, motel

18 rooms, or other living units.

19 "Package" means an item marked for retail sale that is not

20 designed to be further broken down or subdivided for the

21 purpose of retail sale.

22 "Participate" or "participation" in the manufacture of

23 methamphetamine means to produce, prepare, compound, convert,

24 process, synthesize, concentrate, purify, separate, extract,

25 or package any methamphetamine, methamphetamine precursor,

26 methamphetamine manufacturing catalyst, methamphetamine

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1 manufacturing reagent, methamphetamine manufacturing solvent,

2 or any substance containing any of the foregoing, or to assist

3 in any of these actions, or to attempt to take any of these

4 actions, regardless of whether this action or these actions

5 result in the production of finished methamphetamine.

6 "Person with a disability" means a person who suffers from

7 a permanent physical or mental impairment resulting from

8 disease, injury, functional disorder, or congenital condition

9 which renders the person incapable of adequately providing for

10 his or her own health and personal care.

11 "Procure" means to purchase, steal, gather, or otherwise

12 obtain, by legal or illegal means, or to cause another to take

13 such action.

14 "Second or subsequent offense" means an offense under this

15 Act committed by an offender who previously committed an

16 offense under this Act, the Illinois Controlled Substances Act,

17 the Cannabis Control Act, or another Act of this State, another

18 state, or the United States relating to methamphetamine,

19 cannabis, or any other controlled substance.

20 "Standard dosage form", as used in relation to any

21 methamphetamine precursor, means that the methamphetamine

22 precursor is contained in a pill, tablet, capsule, caplet, gel

23 cap, or liquid cap that has been manufactured by a lawful

24 entity and contains a standard quantity of methamphetamine

25 precursor.

26 "Unauthorized container", as used in relation to anhydrous

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1 ammonia, means any container that is not designed for the

2 specific and sole purpose of holding, storing, transporting, or

3 applying anhydrous ammonia. "Unauthorized container" includes,

4 but is not limited to, any propane tank, fire extinguisher,

5 oxygen cylinder, gasoline can, food or beverage cooler, or

6 compressed gas cylinder used in dispensing fountain drinks.

7 "Unauthorized container" does not encompass anhydrous ammonia

8 manufacturing plants, refrigeration systems where anhydrous

9 ammonia is used solely as a refrigerant, anhydrous ammonia

10 transportation pipelines, anhydrous ammonia tankers, or

11 anhydrous ammonia barges.

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

13 Section 90. The Code of Criminal Procedure of 1963 is

14 amended by changing Sections 102-7.1, 110-10, 112A-11.1,

15 112A-11.2, 112A-14, and 112A-14.7 as follows:

16 (725 ILCS 5/102-7.1)

17 Sec. 102-7.1. "Category A offense". "Category A offense"

18 means a Class 1 felony, Class 2 felony, Class X felony, first

19 degree murder, a violation of Section 11-204 of the Illinois

20 Vehicle Code, a second or subsequent violation of Section

21 11-501 of the Illinois Vehicle Code, a violation of subsection

22 (d) of Section 11-501 of the Illinois Vehicle Code, a violation

23 of Section 11-401 of the Illinois Vehicle Code if the accident

24 results in injury and the person failed to report the accident

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1 within 30 minutes, a violation of Section 9-3, 9-3.4, 10-3,

2 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25, 12-2,

3 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6, 12-7.1,

4 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3, 25-1,

5 26.5-2, or 48-1 of the Criminal Code of 2012, a second or

6 subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code

7 of 2012, a violation of paragraph (5) or (6) of subsection (b)

8 of Section 10-9 of the Criminal Code of 2012, a violation of

9 subsection (b) or (c) or paragraph (1) or (2) of subsection (a)

10 of Section 11-1.50 of the Criminal Code of 2012, a violation of

11 Section 12-7 of the Criminal Code of 2012 if the defendant

12 inflicts bodily harm on the victim to obtain a confession,

13 statement, or information, a violation of Section 12-7.5 of the

14 Criminal Code of 2012 if the action results in bodily harm, a

15 violation of paragraph (3) of subsection (b) of Section 17-2 of

16 the Criminal Code of 2012, a violation of subdivision

17 (a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a

18 violation of paragraph (6) of subsection (a) of Section 24-1 of

19 the Criminal Code of 2012, a first violation of Section 24-1.6

20 of the Criminal Code of 2012 by a person 18 years of age or

21 older where the factors listed in both items (A) and (C) or

22 both items (A-5) and (C) of paragraph (3) of subsection (a) of

23 Section 24-1.6 of the Criminal Code of 2012 are present, a

24 Class 3 felony violation of paragraph (1) of subsection (a) of

25 Section 2 of the Firearm Owners Identification Card Act

26 committed before the effective date of this amendatory Act of

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1 the 101st General Assembly, or a violation of Section 10 of the

2 Sex Offender Registration Act.

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

4 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)

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

6 (a) If a person is released prior to conviction, either

7 upon payment of bail security or on his or her own

8 recognizance, the conditions of the bail bond shall be that he

9 or she will:

10 (1) Appear to answer the charge in the court having

11 jurisdiction on a day certain and thereafter as ordered by

12 the court until discharged or final order of the court;

13 (2) Submit himself or herself to the orders and process

14 of the court;

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

16 (4) Not violate any criminal statute of any

17 jurisdiction;

18 (5) At a time and place designated by the court,

19 surrender all firearms in his or her possession to a law

20 enforcement officer designated by the court to take custody

21 of and impound the firearms~~and physically surrender his or~~

22 ~~her Firearm Owner's Identification Card to the clerk of the~~

23 ~~circuit court~~when the offense the person has been charged

24 with is a forcible felony, stalking, aggravated stalking,

25 domestic battery, any violation of the Illinois Controlled

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1 Substances Act, the Methamphetamine Control and Community

2 Protection Act, or the Cannabis Control Act that is

3 classified as a Class 2 or greater felony, or any felony

4 violation of Article 24 of the Criminal Code of 1961 or the

5 Criminal Code of 2012; the court may, however, forgo the

6 imposition of this condition when the circumstances of the

7 case clearly do not warrant it or when its imposition would

8 be impractical;~~if the Firearm Owner's Identification Card~~

9 ~~is confiscated, the clerk of the circuit court shall mail~~

10 ~~the confiscated card to the Illinois State Police;~~ all

11 legally possessed firearms shall be returned to the person

12 upon the charges being dismissed, or if the person is found

13 not guilty, unless the finding of not guilty is by reason

14 of insanity; and

15 (6) At a time and place designated by the court, submit

16 to a psychological evaluation when the person has been

17 charged with a violation of item (4) of subsection (a) of

18 Section 24-1 of the Criminal Code of 1961 or the Criminal

19 Code of 2012 and that violation occurred in a school or in

20 any conveyance owned, leased, or contracted by a school to

21 transport students to or from school or a school-related

22 activity, or on any public way within 1,000 feet of real

23 property comprising any school.

24 Psychological evaluations ordered pursuant to this Section

25 shall be completed promptly and made available to the State,

26 the defendant, and the court. As a further condition of bail

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1 under these circumstances, the court shall order the defendant

2 to refrain from entering upon the property of the school,

3 including any conveyance owned, leased, or contracted by a

4 school to transport students to or from school or a

5 school-related activity, or on any public way within 1,000 feet

6 of real property comprising any school. Upon receipt of the

7 psychological evaluation, either the State or the defendant may

8 request a change in the conditions of bail, pursuant to Section

9 110-6 of this Code. The court may change the conditions of bail

10 to include a requirement that the defendant follow the

11 recommendations of the psychological evaluation, including

12 undergoing psychiatric treatment. The conclusions of the

13 psychological evaluation and any statements elicited from the

14 defendant during its administration are not admissible as

15 evidence of guilt during the course of any trial on the charged

16 offense, unless the defendant places his or her mental

17 competency in issue.

18 (b) The court may impose other conditions, such as the

19 following, if the court finds that such conditions are

20 reasonably necessary to assure the defendant's appearance in

21 court, protect the public from the defendant, or prevent the

22 defendant's unlawful interference with the orderly

23 administration of justice:

24 (1) Report to or appear in person before such person or

25 agency as the court may direct;

26 (2) Refrain from possessing a firearm or other

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1 dangerous weapon;

2 (3) Refrain from approaching or communicating with

3 particular persons or classes of persons;

4 (4) Refrain from going to certain described

5 geographical areas or premises;

6 (5) Refrain from engaging in certain activities or

7 indulging in intoxicating liquors or in certain drugs;

8 (6) Undergo treatment for drug addiction or

9 alcoholism;

10 (7) Undergo medical or psychiatric treatment;

11 (8) Work or pursue a course of study or vocational

12 training;

13 (9) Attend or reside in a facility designated by the

14 court;

15 (10) Support his or her dependents;

16 (11) If a minor resides with his or her parents or in a

17 foster home, attend school, attend a non-residential

18 program for youths, and contribute to his or her own

19 support at home or in a foster home;

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

21 (13) Remain in the custody of such designated person or

22 organization agreeing to supervise his release. Such third

23 party custodian shall be responsible for notifying the

24 court if the defendant fails to observe the conditions of

25 release which the custodian has agreed to monitor, and

26 shall be subject to contempt of court for failure so to

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1 notify the court;

2 (14) Be placed under direct supervision of the Pretrial

3 Services Agency, Probation Department or Court Services

4 Department in a pretrial bond home supervision capacity

5 with or without the use of an approved electronic

6 monitoring device subject to Article 8A of Chapter V of the

7 Unified Code of Corrections;

8 (14.1) The court shall impose upon a defendant who is

9 charged with any alcohol, cannabis, methamphetamine, or

10 controlled substance violation and is placed under direct

11 supervision of the Pretrial Services Agency, Probation

12 Department or Court Services Department in a pretrial bond

13 home supervision capacity with the use of an approved

14 monitoring device, as a condition of such bail bond, a fee

15 that represents costs incidental to the electronic

16 monitoring for each day of such bail supervision ordered by

17 the court, unless after determining the inability of the

18 defendant to pay the fee, the court assesses a lesser fee

19 or no fee as the case may be. The fee shall be collected by

20 the clerk of the circuit court, except as provided in an

21 administrative order of the Chief Judge of the circuit

22 court. The clerk of the circuit court shall pay all monies

23 collected from this fee to the county treasurer for deposit

24 in the substance abuse services fund under Section 5-1086.1

25 of the Counties Code, except as provided in an

26 administrative order of the Chief Judge of the circuit

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1 court.

2 The Chief Judge of the circuit court of the county may

3 by administrative order establish a program for electronic

4 monitoring of offenders with regard to drug-related and

5 alcohol-related offenses, in which a vendor supplies and

6 monitors the operation of the electronic monitoring

7 device, and collects the fees on behalf of the county. The

8 program shall include provisions for indigent offenders

9 and the collection of unpaid fees. The program shall not

10 unduly burden the offender and shall be subject to review

11 by the Chief Judge.

12 The Chief Judge of the circuit court may suspend any

13 additional charges or fees for late payment, interest, or

14 damage to any device;

15 (14.2) The court shall impose upon all defendants,

16 including those defendants subject to paragraph (14.1)

17 above, placed under direct supervision of the Pretrial

18 Services Agency, Probation Department or Court Services

19 Department in a pretrial bond home supervision capacity

20 with the use of an approved monitoring device, as a

21 condition of such bail bond, a fee which shall represent

22 costs incidental to such electronic monitoring for each day

23 of such bail supervision ordered by the court, unless after

24 determining the inability of the defendant to pay the fee,

25 the court assesses a lesser fee or no fee as the case may

26 be. The fee shall be collected by the clerk of the circuit

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1 court, except as provided in an administrative order of the

2 Chief Judge of the circuit court. The clerk of the circuit

3 court shall pay all monies collected from this fee to the

4 county treasurer who shall use the monies collected to

5 defray the costs of corrections. The county treasurer shall

6 deposit the fee collected in the county working cash fund

7 under Section 6-27001 or Section 6-29002 of the Counties

8 Code, as the case may be, except as provided in an

9 administrative order of the Chief Judge of the circuit

10 court.

11 The Chief Judge of the circuit court of the county may

12 by administrative order establish a program for electronic

13 monitoring of offenders with regard to drug-related and

14 alcohol-related offenses, in which a vendor supplies and

15 monitors the operation of the electronic monitoring

16 device, and collects the fees on behalf of the county. The

17 program shall include provisions for indigent offenders

18 and the collection of unpaid fees. The program shall not

19 unduly burden the offender and shall be subject to review

20 by the Chief Judge.

21 The Chief Judge of the circuit court may suspend any

22 additional charges or fees for late payment, interest, or

23 damage to any device;

24 (14.3) The Chief Judge of the Judicial Circuit may

25 establish reasonable fees to be paid by a person receiving

26 pretrial services while under supervision of a pretrial

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1 services agency, probation department, or court services

2 department. Reasonable fees may be charged for pretrial

3 services including, but not limited to, pretrial

4 supervision, diversion programs, electronic monitoring,

5 victim impact services, drug and alcohol testing, DNA

6 testing, GPS electronic monitoring, assessments and

7 evaluations related to domestic violence and other

8 victims, and victim mediation services. The person

9 receiving pretrial services may be ordered to pay all costs

10 incidental to pretrial services in accordance with his or

11 her ability to pay those costs;

12 (14.4) For persons charged with violating Section

13 11-501 of the Illinois Vehicle Code, refrain from operating

14 a motor vehicle not equipped with an ignition interlock

15 device, as defined in Section 1-129.1 of the Illinois

16 Vehicle Code, pursuant to the rules promulgated by the

17 Secretary of State for the installation of ignition

18 interlock devices. Under this condition the court may allow

19 a defendant who is not self-employed to operate a vehicle

20 owned by the defendant's employer that is not equipped with

21 an ignition interlock device in the course and scope of the

22 defendant's employment;

23 (15) Comply with the terms and conditions of an order

24 of protection issued by the court under the Illinois

25 Domestic Violence Act of 1986 or an order of protection

26 issued by the court of another state, tribe, or United

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1 States territory;

2 (16) Under Section 110-6.5 comply with the conditions

3 of the drug testing program; and

4 (17) Such other reasonable conditions as the court may

5 impose.

6 (c) When a person is charged with an offense under Section

7 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

8 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

9 Criminal Code of 2012, involving a victim who is a minor under

10 18 years of age living in the same household with the defendant

11 at the time of the offense, in granting bail or releasing the

12 defendant on his own recognizance, the judge shall impose

13 conditions to restrict the defendant's access to the victim

14 which may include, but are not limited to conditions that he

15 will:

16 1. Vacate the household.

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

18 3. Refrain from contact or communication with the child

19 victim, except as ordered by the court.

20 (d) When a person is charged with a criminal offense and

21 the victim is a family or household member as defined in

22 Article 112A, conditions shall be imposed at the time of the

23 defendant's release on bond that restrict the defendant's

24 access to the victim. Unless provided otherwise by the court,

25 the restrictions shall include requirements that the defendant

26 do the following:

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1 (1) refrain from contact or communication with the

2 victim for a minimum period of 72 hours following the

3 defendant's release; and

4 (2) refrain from entering or remaining at the victim's

5 residence for a minimum period of 72 hours following the

6 defendant's release.

7 (e) Local law enforcement agencies shall develop

8 standardized bond forms for use in cases involving family or

9 household members as defined in Article 112A, including

10 specific conditions of bond as provided in subsection (d).

11 Failure of any law enforcement department to develop or use

12 those forms shall in no way limit the applicability and

13 enforcement of subsections (d) and (f).

14 (f) If the defendant is admitted to bail after conviction

15 the conditions of the bail bond shall be that he will, in

16 addition to the conditions set forth in subsections (a) and (b)

17 hereof:

18 (1) Duly prosecute his appeal;

19 (2) Appear at such time and place as the court may

20 direct;

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

22 (4) Comply with such other reasonable conditions as the

23 court may impose; and

24 (5) If the judgment is affirmed or the cause reversed

25 and remanded for a new trial, forthwith surrender to the

26 officer from whose custody he was bailed.

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1 (g) Upon a finding of guilty for any felony offense, the

2 defendant shall physically surrender, at a time and place

3 designated by the court, any and all firearms in his or her

4 possession ~~and his or her Firearm Owner's Identification Card~~

5 as a condition of remaining on bond pending sentencing.

6 (h) In the event the defendant is unable to post bond, the

7 court may impose a no contact provision with the victim or

8 other interested party that shall be enforced while the

9 defendant remains in custody.

10 (Source: P.A. 101-138, eff. 1-1-20.)

11 (725 ILCS 5/112A-11.1)

12 Sec. 112A-11.1. Procedure for determining whether certain

13 misdemeanor crimes are crimes of domestic violence for purposes

14 of federal law.

15 (a) When a defendant has been charged with a violation of

16 Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the

17 Criminal Code of 1961 or the Criminal Code of 2012, the State

18 may, at arraignment or no later than 45 days after arraignment,

19 for the purpose of notification to the Department of State

20 Police ~~Firearm Owner's Identification Card Office~~, serve on the

21 defendant and file with the court a notice alleging that

22 conviction of the offense would subject the defendant to the

23 prohibitions of 18 U.S.C. 922(g)(9) because of the relationship

24 between the defendant and the alleged victim and the nature of

25 the alleged offense.

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1 (b) The notice shall include the name of the person alleged

2 to be the victim of the crime and shall specify the nature of

3 the alleged relationship as set forth in 18 U.S.C.

4 921(a)(33)(A)(ii). It shall also specify the element of the

5 charged offense which requires the use or attempted use of

6 physical force, or the threatened use of a deadly weapon, as

7 set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include

8 notice that the defendant is entitled to a hearing on the

9 allegation contained in the notice and that if the allegation

10 is sustained, that determination and conviction shall be

11 reported to the Department of State Police ~~Firearm Owner's~~

12 ~~Identification Card Office~~.

13 (c) After having been notified as provided in subsection

14 (b) of this Section, the defendant may stipulate or admit,

15 orally on the record or in writing, that conviction of the

16 offense would subject the defendant to the prohibitions of 18

17 U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.

18 922(g)(9) shall be deemed established for purposes of Section

19 112A-11.2. If the defendant denies the applicability of 18

20 U.S.C. 922(g)(9) as alleged in the notice served by the State,

21 or stands mute with respect to that allegation, then the State

22 shall bear the burden to prove beyond a reasonable doubt that

23 the offense is one to which the prohibitions of 18 U.S.C.

24 922(g)(9) apply. The court may consider reliable hearsay

25 evidence submitted by either party provided that it is relevant

26 to the determination of the allegation. Facts previously proven

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1 at trial or elicited at the time of entry of a plea of guilty

2 shall be deemed established beyond a reasonable doubt and shall

3 not be relitigated. At the conclusion of the hearing, or upon a

4 stipulation or admission, as applicable, the court shall make a

5 specific written determination with respect to the allegation.

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

7 (725 ILCS 5/112A-11.2)

8 Sec. 112A-11.2. Notification to the Department of State

9 Police ~~Firearm Owner's Identification Card Office~~of

10 determinations in certain misdemeanor cases. Upon judgment of

11 conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,

12 12-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal

13 Code of 2012 when the defendant has been determined, under

14 Section 112A-11.1, to be subject to the prohibitions of 18

15 U.S.C. 922(g)(9), the circuit court clerk shall include

16 notification and a copy of the written determination in a

17 report of the conviction to the Department of State Police

18 ~~Firearm Owner's Identification Card Office~~ to enable the office

19 to report that determination to the Federal Bureau of

20 Investigation and assist the Bureau in identifying persons

21 prohibited from purchasing and possessing a firearm pursuant to

22 the provisions of 18 U.S.C. 922.

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

24 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)

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1 Sec. 112A-14. Domestic violence order of protection;

2 remedies.

3 (a) (Blank).

4 (b) The court may order any of the remedies listed in this

5 subsection (b). The remedies listed in this subsection (b)

6 shall be in addition to other civil or criminal remedies

7 available to petitioner.

8 (1) Prohibition of abuse. Prohibit respondent's

9 harassment, interference with personal liberty,

10 intimidation of a dependent, physical abuse, or willful

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

12 occurred or otherwise appears likely to occur if not

13 prohibited.

14 (2) Grant of exclusive possession of residence.

15 Prohibit respondent from entering or remaining in any

16 residence, household, or premises of the petitioner,

17 including one owned or leased by respondent, if petitioner

18 has a right to occupancy thereof. The grant of exclusive

19 possession of the residence, household, or premises shall

20 not affect title to real property, nor shall the court be

21 limited by the standard set forth in subsection (c-2) of

22 Section 501 of the Illinois Marriage and Dissolution of

23 Marriage Act.

24 (A) Right to occupancy. A party has a right to

25 occupancy of a residence or household if it is solely

26 or jointly owned or leased by that party, that party's

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1 spouse, a person with a legal duty to support that

2 party or a minor child in that party's care, or by any

3 person or entity other than the opposing party that

4 authorizes that party's occupancy (e.g., a domestic

5 violence shelter). Standards set forth in subparagraph

6 (B) shall not preclude equitable relief.

7 (B) Presumption of hardships. If petitioner and

8 respondent each has the right to occupancy of a

9 residence or household, the court shall balance (i) the

10 hardships to respondent and any minor child or

11 dependent adult in respondent's care resulting from

12 entry of this remedy with (ii) the hardships to

13 petitioner and any minor child or dependent adult in

14 petitioner's care resulting from continued exposure to

15 the risk of abuse (should petitioner remain at the

16 residence or household) or from loss of possession of

17 the residence or household (should petitioner leave to

18 avoid the risk of abuse). When determining the balance

19 of hardships, the court shall also take into account

20 the accessibility of the residence or household.

21 Hardships need not be balanced if respondent does not

22 have a right to occupancy.

23 The balance of hardships is presumed to favor

24 possession by petitioner unless the presumption is

25 rebutted by a preponderance of the evidence, showing

26 that the hardships to respondent substantially

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1 outweigh the hardships to petitioner and any minor

2 child or dependent adult in petitioner's care. The

3 court, on the request of petitioner or on its own

4 motion, may order respondent to provide suitable,

5 accessible, alternate housing for petitioner instead

6 of excluding respondent from a mutual residence or

7 household.

8 (3) Stay away order and additional prohibitions. Order

9 respondent to stay away from petitioner or any other person

10 protected by the domestic violence order of protection, or

11 prohibit respondent from entering or remaining present at

12 petitioner's school, place of employment, or other

13 specified places at times when petitioner is present, or

14 both, if reasonable, given the balance of hardships.

15 Hardships need not be balanced for the court to enter a

16 stay away order or prohibit entry if respondent has no

17 right to enter the premises.

18 (A) If a domestic violence order of protection

19 grants petitioner exclusive possession of the

20 residence, prohibits respondent from entering the

21 residence, or orders respondent to stay away from

22 petitioner or other protected persons, then the court

23 may allow respondent access to the residence to remove

24 items of clothing and personal adornment used

25 exclusively by respondent, medications, and other

26 items as the court directs. The right to access shall

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1 be exercised on only one occasion as the court directs

2 and in the presence of an agreed-upon adult third party

3 or law enforcement officer.

4 (B) When the petitioner and the respondent attend

5 the same public, private, or non-public elementary,

6 middle, or high school, the court when issuing a

7 domestic violence order of protection and providing

8 relief shall consider the severity of the act, any

9 continuing physical danger or emotional distress to

10 the petitioner, the educational rights guaranteed to

11 the petitioner and respondent under federal and State

12 law, the availability of a transfer of the respondent

13 to another school, a change of placement or a change of

14 program of the respondent, the expense, difficulty,

15 and educational disruption that would be caused by a

16 transfer of the respondent to another school, and any

17 other relevant facts of the case. The court may order

18 that the respondent not attend the public, private, or

19 non-public elementary, middle, or high school attended

20 by the petitioner, order that the respondent accept a

21 change of placement or change of program, as determined

22 by the school district or private or non-public school,

23 or place restrictions on the respondent's movements

24 within the school attended by the petitioner. The

25 respondent bears the burden of proving by a

26 preponderance of the evidence that a transfer, change

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1 of placement, or change of program of the respondent is

2 not available. The respondent also bears the burden of

3 production with respect to the expense, difficulty,

4 and educational disruption that would be caused by a

5 transfer of the respondent to another school. A

6 transfer, change of placement, or change of program is

7 not unavailable to the respondent solely on the ground

8 that the respondent does not agree with the school

9 district's or private or non-public school's transfer,

10 change of placement, or change of program or solely on

11 the ground that the respondent fails or refuses to

12 consent or otherwise does not take an action required

13 to effectuate a transfer, change of placement, or

14 change of program. When a court orders a respondent to

15 stay away from the public, private, or non-public

16 school attended by the petitioner and the respondent

17 requests a transfer to another attendance center

18 within the respondent's school district or private or

19 non-public school, the school district or private or

20 non-public school shall have sole discretion to

21 determine the attendance center to which the

22 respondent is transferred. If the court order results

23 in a transfer of the minor respondent to another

24 attendance center, a change in the respondent's

25 placement, or a change of the respondent's program, the

26 parents, guardian, or legal custodian of the

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1 respondent is responsible for transportation and other

2 costs associated with the transfer or change.

3 (C) The court may order the parents, guardian, or

4 legal custodian of a minor respondent to take certain

5 actions or to refrain from taking certain actions to

6 ensure that the respondent complies with the order. If

7 the court orders a transfer of the respondent to

8 another school, the parents, guardian, or legal

9 custodian of the respondent is responsible for

10 transportation and other costs associated with the

11 change of school by the respondent.

12 (4) Counseling. Require or recommend the respondent to

13 undergo counseling for a specified duration with a social

14 worker, psychologist, clinical psychologist, psychiatrist,

15 family service agency, alcohol or substance abuse program,

16 mental health center guidance counselor, agency providing

17 services to elders, program designed for domestic violence

18 abusers, or any other guidance service the court deems

19 appropriate. The court may order the respondent in any

20 intimate partner relationship to report to an Illinois

21 Department of Human Services protocol approved partner

22 abuse intervention program for an assessment and to follow

23 all recommended treatment.

24 (5) Physical care and possession of the minor child. In

25 order to protect the minor child from abuse, neglect, or

26 unwarranted separation from the person who has been the

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1 minor child's primary caretaker, or to otherwise protect

2 the well-being of the minor child, the court may do either

3 or both of the following: (i) grant petitioner physical

4 care or possession of the minor child, or both, or (ii)

5 order respondent to return a minor child to, or not remove

6 a minor child from, the physical care of a parent or person

7 in loco parentis.

8 If the respondent is charged with abuse (as defined in

9 Section 112A-3 of this Code) of a minor child, there shall

10 be a rebuttable presumption that awarding physical care to

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

12 (6) Temporary allocation of parental responsibilities

13 and significant decision-making responsibilities. Award

14 temporary significant decision-making responsibility to

15 petitioner in accordance with this Section, the Illinois

16 Marriage and Dissolution of Marriage Act, the Illinois

17 Parentage Act of 2015, and this State's Uniform

18 Child-Custody Jurisdiction and Enforcement Act.

19 If the respondent is charged with abuse (as defined in

20 Section 112A-3 of this Code) of a minor child, there shall

21 be a rebuttable presumption that awarding temporary

22 significant decision-making responsibility to respondent

23 would not be in the child's best interest.

24 (7) Parenting time. Determine the parenting time, if

25 any, of respondent in any case in which the court awards

26 physical care or temporary significant decision-making

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1 responsibility of a minor child to petitioner. The court

2 shall restrict or deny respondent's parenting time with a

3 minor child if the court finds that respondent has done or

4 is likely to do any of the following:

5 (i) abuse or endanger the minor child during

6 parenting time;

7 (ii) use the parenting time as an opportunity to

8 abuse or harass petitioner or petitioner's family or

9 household members;

10 (iii) improperly conceal or detain the minor

11 child; or

12 (iv) otherwise act in a manner that is not in the

13 best interests of the minor child.

14 The court shall not be limited by the standards set

15 forth in Section 603.10 of the Illinois Marriage and

16 Dissolution of Marriage Act. If the court grants parenting

17 time, the order shall specify dates and times for the

18 parenting time to take place or other specific parameters

19 or conditions that are appropriate. No order for parenting

20 time shall refer merely to the term "reasonable parenting

21 time". Petitioner may deny respondent access to the minor

22 child if, when respondent arrives for parenting time,

23 respondent is under the influence of drugs or alcohol and

24 constitutes a threat to the safety and well-being of

25 petitioner or petitioner's minor children or is behaving in

26 a violent or abusive manner. If necessary to protect any

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1 member of petitioner's family or household from future

2 abuse, respondent shall be prohibited from coming to

3 petitioner's residence to meet the minor child for

4 parenting time, and the petitioner and respondent shall

5 submit to the court their recommendations for reasonable

6 alternative arrangements for parenting time. A person may

7 be approved to supervise parenting time only after filing

8 an affidavit accepting that responsibility and

9 acknowledging accountability to the court.

10 (8) Removal or concealment of minor child. Prohibit

11 respondent from removing a minor child from the State or

12 concealing the child within the State.

13 (9) Order to appear. Order the respondent to appear in

14 court, alone or with a minor child, to prevent abuse,

15 neglect, removal or concealment of the child, to return the

16 child to the custody or care of the petitioner, or to

17 permit any court-ordered interview or examination of the

18 child or the respondent.

19 (10) Possession of personal property. Grant petitioner

20 exclusive possession of personal property and, if

21 respondent has possession or control, direct respondent to

22 promptly make it available to petitioner, if:

23 (i) petitioner, but not respondent, owns the

24 property; or

25 (ii) the petitioner and respondent own the

26 property jointly; sharing it would risk abuse of

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1 petitioner by respondent or is impracticable; and the

2 balance of hardships favors temporary possession by

3 petitioner.

4 If petitioner's sole claim to ownership of the property

5 is that it is marital property, the court may award

6 petitioner temporary possession thereof under the

7 standards of subparagraph (ii) of this paragraph only if a

8 proper proceeding has been filed under the Illinois

9 Marriage and Dissolution of Marriage Act, as now or

10 hereafter amended.

11 No order under this provision shall affect title to

12 property.

13 (11) Protection of property. Forbid the respondent

14 from taking, transferring, encumbering, concealing,

15 damaging, or otherwise disposing of any real or personal

16 property, except as explicitly authorized by the court, if:

17 (i) petitioner, but not respondent, owns the

18 property; or

19 (ii) the petitioner and respondent own the

20 property jointly, and the balance of hardships favors

21 granting this remedy.

22 If petitioner's sole claim to ownership of the property

23 is that it is marital property, the court may grant

24 petitioner relief under subparagraph (ii) of this

25 paragraph only if a proper proceeding has been filed under

26 the Illinois Marriage and Dissolution of Marriage Act, as

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1 now or hereafter amended.

2 The court may further prohibit respondent from

3 improperly using the financial or other resources of an

4 aged member of the family or household for the profit or

5 advantage of respondent or of any other person.

6 (11.5) Protection of animals. Grant the petitioner the

7 exclusive care, custody, or control of any animal owned,

8 possessed, leased, kept, or held by either the petitioner

9 or the respondent or a minor child residing in the

10 residence or household of either the petitioner or the

11 respondent and order the respondent to stay away from the

12 animal and forbid the respondent from taking,

13 transferring, encumbering, concealing, harming, or

14 otherwise disposing of the animal.

15 (12) Order for payment of support. Order respondent to

16 pay temporary support for the petitioner or any child in

17 the petitioner's care or over whom the petitioner has been

18 allocated parental responsibility, when the respondent has

19 a legal obligation to support that person, in accordance

20 with the Illinois Marriage and Dissolution of Marriage Act,

21 which shall govern, among other matters, the amount of

22 support, payment through the clerk and withholding of

23 income to secure payment. An order for child support may be

24 granted to a petitioner with lawful physical care of a

25 child, or an order or agreement for physical care of a

26 child, prior to entry of an order allocating significant

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1 decision-making responsibility. Such a support order shall

2 expire upon entry of a valid order allocating parental

3 responsibility differently and vacating petitioner's

4 significant decision-making responsibility unless

5 otherwise provided in the order.

6 (13) Order for payment of losses. Order respondent to

7 pay petitioner for losses suffered as a direct result of

8 the abuse. Such losses shall include, but not be limited

9 to, medical expenses, lost earnings or other support,

10 repair or replacement of property damaged or taken,

11 reasonable attorney's fees, court costs, and moving or

12 other travel expenses, including additional reasonable

13 expenses for temporary shelter and restaurant meals.

14 (i) Losses affecting family needs. If a party is

15 entitled to seek maintenance, child support, or

16 property distribution from the other party under the

17 Illinois Marriage and Dissolution of Marriage Act, as

18 now or hereafter amended, the court may order

19 respondent to reimburse petitioner's actual losses, to

20 the extent that such reimbursement would be

21 "appropriate temporary relief", as authorized by

22 subsection (a)(3) of Section 501 of that Act.

23 (ii) Recovery of expenses. In the case of an

24 improper concealment or removal of a minor child, the

25 court may order respondent to pay the reasonable

26 expenses incurred or to be incurred in the search for

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1 and recovery of the minor child, including, but not

2 limited to, legal fees, court costs, private

3 investigator fees, and travel costs.

4 (14) Prohibition of entry. Prohibit the respondent

5 from entering or remaining in the residence or household

6 while the respondent is under the influence of alcohol or

7 drugs and constitutes a threat to the safety and well-being

8 of the petitioner or the petitioner's children.

9 (14.5) Prohibition of firearm possession.

10 (A) A person who is subject to an existing domestic

11 violence order of protection issued under this Code may

12 not lawfully possess firearms, stun guns, or tasers

13 ~~weapons under Section 8.2 of the Firearm Owners~~

14 ~~Identification Card Act~~.

15 (B) Any firearms in the possession of the

16 respondent, except as provided in subparagraph (C) of

17 this paragraph (14.5), shall be ordered by the court to

18 be turned over to a personwho is not prohibited under

19 State or federal law from possessing firearms ~~with a~~

20 ~~valid Firearm Owner's Identification Card for~~

21 ~~safekeeping. The court shall issue an order that the~~

22 ~~respondent's Firearm Owner's Identification Card be~~

23 ~~turned over to the local law enforcement agency, which~~

24 ~~in turn shall immediately mail the card to the~~

25 ~~Department of State Police Firearm Owner's~~

26 ~~Identification Card Office for safekeeping~~. The period

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1 of safekeeping shall be for the duration of the

2 domestic violence order of protection. The firearm ~~or~~

3 ~~firearms and Firearm Owner's Identification Card, if~~

4 ~~unexpired,~~ shall at the respondent's request be

5 returned to the respondent at expiration of the

6 domestic violence order of protection.

7 (C) If the respondent is a peace officer as defined

8 in Section 2-13 of the Criminal Code of 2012, the court

9 shall order that any firearms used by the respondent in

10 the performance of his or her duties as a peace officer

11 be surrendered to the chief law enforcement executive

12 of the agency in which the respondent is employed, who

13 shall retain the firearms for safekeeping for the

14 duration of the domestic violence order of protection.

15 (D) Upon expiration of the period of safekeeping,

16 if the firearms ~~or Firearm Owner's Identification Card~~

17 cannot be returned to respondent because respondent

18 cannot be located, fails to respond to requests to

19 retrieve the firearms, or is not lawfully eligible to

20 possess a firearm, upon petition from the local law

21 enforcement agency, the court may order the local law

22 enforcement agency to destroy the firearms, use the

23 firearms for training purposes, or for any other

24 application as deemed appropriate by the local law

25 enforcement agency; or that the firearms be turned over

26 to a third party who is lawfully eligible to possess

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1 firearms, and who does not reside with respondent.

2 (15) Prohibition of access to records. If a domestic

3 violence order of protection prohibits respondent from

4 having contact with the minor child, or if petitioner's

5 address is omitted under subsection (b) of Section 112A-5

6 of this Code, or if necessary to prevent abuse or wrongful

7 removal or concealment of a minor child, the order shall

8 deny respondent access to, and prohibit respondent from

9 inspecting, obtaining, or attempting to inspect or obtain,

10 school or any other records of the minor child who is in

11 the care of petitioner.

12 (16) Order for payment of shelter services. Order

13 respondent to reimburse a shelter providing temporary

14 housing and counseling services to the petitioner for the

15 cost of the services, as certified by the shelter and

16 deemed reasonable by the court.

17 (17) Order for injunctive relief. Enter injunctive

18 relief necessary or appropriate to prevent further abuse of

19 a family or household member or to effectuate one of the

20 granted remedies, if supported by the balance of hardships.

21 If the harm to be prevented by the injunction is abuse or

22 any other harm that one of the remedies listed in

23 paragraphs (1) through (16) of this subsection is designed

24 to prevent, no further evidence is necessary to establish

25 that the harm is an irreparable injury.

26 (18) Telephone services.

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1 (A) Unless a condition described in subparagraph

2 (B) of this paragraph exists, the court may, upon

3 request by the petitioner, order a wireless telephone

4 service provider to transfer to the petitioner the

5 right to continue to use a telephone number or numbers

6 indicated by the petitioner and the financial

7 responsibility associated with the number or numbers,

8 as set forth in subparagraph (C) of this paragraph. In

9 this paragraph (18), the term "wireless telephone

10 service provider" means a provider of commercial

11 mobile service as defined in 47 U.S.C. 332. The

12 petitioner may request the transfer of each telephone

13 number that the petitioner, or a minor child in his or

14 her custody, uses. The clerk of the court shall serve

15 the order on the wireless telephone service provider's

16 agent for service of process provided to the Illinois

17 Commerce Commission. The order shall contain all of the

18 following:

19 (i) The name and billing telephone number of

20 the account holder including the name of the

21 wireless telephone service provider that serves

22 the account.

23 (ii) Each telephone number that will be

24 transferred.

25 (iii) A statement that the provider transfers

26 to the petitioner all financial responsibility for

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1 and right to the use of any telephone number

2 transferred under this paragraph.

3 (B) A wireless telephone service provider shall

4 terminate the respondent's use of, and shall transfer

5 to the petitioner use of, the telephone number or

6 numbers indicated in subparagraph (A) of this

7 paragraph unless it notifies the petitioner, within 72

8 hours after it receives the order, that one of the

9 following applies:

10 (i) The account holder named in the order has

11 terminated the account.

12 (ii) A difference in network technology would

13 prevent or impair the functionality of a device on

14 a network if the transfer occurs.

15 (iii) The transfer would cause a geographic or

16 other limitation on network or service provision

17 to the petitioner.

18 (iv) Another technological or operational

19 issue would prevent or impair the use of the

20 telephone number if the transfer occurs.

21 (C) The petitioner assumes all financial

22 responsibility for and right to the use of any

23 telephone number transferred under this paragraph. In

24 this paragraph, "financial responsibility" includes

25 monthly service costs and costs associated with any

26 mobile device associated with the number.

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1 (D) A wireless telephone service provider may

2 apply to the petitioner its routine and customary

3 requirements for establishing an account or

4 transferring a number, including requiring the

5 petitioner to provide proof of identification,

6 financial information, and customer preferences.

7 (E) Except for willful or wanton misconduct, a

8 wireless telephone service provider is immune from

9 civil liability for its actions taken in compliance

10 with a court order issued under this paragraph.

11 (F) All wireless service providers that provide

12 services to residential customers shall provide to the

13 Illinois Commerce Commission the name and address of an

14 agent for service of orders entered under this

15 paragraph (18). Any change in status of the registered

16 agent must be reported to the Illinois Commerce

17 Commission within 30 days of such change.

18 (G) The Illinois Commerce Commission shall

19 maintain the list of registered agents for service for

20 each wireless telephone service provider on the

21 Commission's website. The Commission may consult with

22 wireless telephone service providers and the Circuit

23 Court Clerks on the manner in which this information is

24 provided and displayed.

25 (c) Relevant factors; findings.

26 (1) In determining whether to grant a specific remedy,

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1 other than payment of support, the court shall consider

2 relevant factors, including, but not limited to, the

3 following:

4 (i) the nature, frequency, severity, pattern, and

5 consequences of the respondent's past abuse of the

6 petitioner or any family or household member,

7 including the concealment of his or her location in

8 order to evade service of process or notice, and the

9 likelihood of danger of future abuse to petitioner or

10 any member of petitioner's or respondent's family or

11 household; and

12 (ii) the danger that any minor child will be abused

13 or neglected or improperly relocated from the

14 jurisdiction, improperly concealed within the State,

15 or improperly separated from the child's primary

16 caretaker.

17 (2) In comparing relative hardships resulting to the

18 parties from loss of possession of the family home, the

19 court shall consider relevant factors, including, but not

20 limited to, the following:

21 (i) availability, accessibility, cost, safety,

22 adequacy, location, and other characteristics of

23 alternate housing for each party and any minor child or

24 dependent adult in the party's care;

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

26 (iii) the effect on the relationship of the party,

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1 and any minor child or dependent adult in the party's

2 care, to family, school, church, and community.

3 (3) Subject to the exceptions set forth in paragraph

4 (4) of this subsection (c), the court shall make its

5 findings in an official record or in writing, and shall at

6 a minimum set forth the following:

7 (i) That the court has considered the applicable

8 relevant factors described in paragraphs (1) and (2) of

9 this subsection (c).

10 (ii) Whether the conduct or actions of respondent,

11 unless prohibited, will likely cause irreparable harm

12 or continued abuse.

13 (iii) Whether it is necessary to grant the

14 requested relief in order to protect petitioner or

15 other alleged abused persons.

16 (4) (Blank).

17 (5) Never married parties. No rights or

18 responsibilities for a minor child born outside of marriage

19 attach to a putative father until a father and child

20 relationship has been established under the Illinois

21 Parentage Act of 1984, the Illinois Parentage Act of 2015,

22 the Illinois Public Aid Code, Section 12 of the Vital

23 Records Act, the Juvenile Court Act of 1987, the Probate

24 Act of 1975, the Uniform Interstate Family Support Act, the

25 Expedited Child Support Act of 1990, any judicial,

26 administrative, or other act of another state or territory,

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1 any other statute of this State, or by any foreign nation

2 establishing the father and child relationship, any other

3 proceeding substantially in conformity with the federal

4 Personal Responsibility and Work Opportunity

5 Reconciliation Act of 1996, or when both parties appeared

6 in open court or at an administrative hearing acknowledging

7 under oath or admitting by affirmation the existence of a

8 father and child relationship. Absent such an

9 adjudication, no putative father shall be granted

10 temporary allocation of parental responsibilities,

11 including parenting time with the minor child, or physical

12 care and possession of the minor child, nor shall an order

13 of payment for support of the minor child be entered.

14 (d) Balance of hardships; findings. If the court finds that

15 the balance of hardships does not support the granting of a

16 remedy governed by paragraph (2), (3), (10), (11), or (16) of

17 subsection (b) of this Section, which may require such

18 balancing, the court's findings shall so indicate and shall

19 include a finding as to whether granting the remedy will result

20 in hardship to respondent that would substantially outweigh the

21 hardship to petitioner from denial of the remedy. The findings

22 shall be an official record or in writing.

23 (e) Denial of remedies. Denial of any remedy shall not be

24 based, in whole or in part, on evidence that:

25 (1) respondent has cause for any use of force, unless

26 that cause satisfies the standards for justifiable use of

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1 force provided by Article 7 of the Criminal Code of 2012;

2 (2) respondent was voluntarily intoxicated;

3 (3) petitioner acted in self-defense or defense of

4 another, provided that, if petitioner utilized force, such

5 force was justifiable under Article 7 of the Criminal Code

6 of 2012;

7 (4) petitioner did not act in self-defense or defense

8 of another;

9 (5) petitioner left the residence or household to avoid

10 further abuse by respondent;

11 (6) petitioner did not leave the residence or household

12 to avoid further abuse by respondent; or

13 (7) conduct by any family or household member excused

14 the abuse by respondent, unless that same conduct would

15 have excused such abuse if the parties had not been family

16 or household members.

17 (Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18;

18 100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff.

19 1-1-19; 101-81, eff. 7-12-19.)

20 (725 ILCS 5/112A-14.7)

21 Sec. 112A-14.7. Stalking no contact order; remedies.

22 (a) The court may order any of the remedies listed in this

23 Section. The remedies listed in this Section shall be in

24 addition to other civil or criminal remedies available to

25 petitioner. A stalking no contact order shall order one or more

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1 of the following:

2 (1) prohibit the respondent from threatening to commit

3 or committing stalking;

4 (2) order the respondent not to have any contact with

5 the petitioner or a third person specifically named by the

6 court;

7 (3) prohibit the respondent from knowingly coming

8 within, or knowingly remaining within a specified distance

9 of the petitioner or the petitioner's residence, school,

10 daycare, or place of employment, or any specified place

11 frequented by the petitioner; however, the court may order

12 the respondent to stay away from the respondent's own

13 residence, school, or place of employment only if the

14 respondent has been provided actual notice of the

15 opportunity to appear and be heard on the petition;

16 (4) prohibit the respondent from ~~possessing a Firearm~~

17 ~~Owners Identification Card, or~~ possessing or buying

18 firearms; and

19 (5) order other injunctive relief the court determines

20 to be necessary to protect the petitioner or third party

21 specifically named by the court.

22 (b) When the petitioner and the respondent attend the same

23 public, private, or non-public elementary, middle, or high

24 school, the court when issuing a stalking no contact order and

25 providing relief shall consider the severity of the act, any

26 continuing physical danger or emotional distress to the

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1 petitioner, the educational rights guaranteed to the

2 petitioner and respondent under federal and State law, the

3 availability of a transfer of the respondent to another school,

4 a change of placement or a change of program of the respondent,

5 the expense, difficulty, and educational disruption that would

6 be caused by a transfer of the respondent to another school,

7 and any 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 by the

10 petitioner, order that the respondent accept a change of

11 placement or program, as determined by the school district or

12 private or non-public school, or place restrictions on the

13 respondent's movements within the school attended by the

14 petitioner. The respondent bears the burden of proving by a

15 preponderance of the evidence that a transfer, change of

16 placement, or change of program of the respondent is not

17 available. The respondent also bears the burden of production

18 with respect to the expense, difficulty, and educational

19 disruption that would be caused by a transfer of the respondent

20 to another school. A transfer, change of placement, or change

21 of program is not unavailable to the respondent solely on the

22 ground that the respondent does not agree with the school

23 district's or private or non-public school's transfer, change

24 of placement, or change of program or solely on the ground that

25 the respondent fails or refuses to consent to or otherwise does

26 not take an action required to effectuate a transfer, change of

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1 placement, or change of program. When a court orders a

2 respondent to stay away from the public, private, or non-public

3 school attended by the petitioner and the respondent requests a

4 transfer to another attendance center within the respondent's

5 school district or private or non-public school, the school

6 district or private or non-public school shall have sole

7 discretion to determine the attendance center to which the

8 respondent is transferred. If the court order results in a

9 transfer of the minor respondent to another attendance center,

10 a change in the respondent's placement, or a change of the

11 respondent's program, the parents, guardian, or legal

12 custodian of the respondent is responsible for transportation

13 and other costs associated with the transfer or change.

14 (c) The court may order the parents, guardian, or legal

15 custodian of a minor respondent to take certain actions or to

16 refrain from taking certain actions to ensure that the

17 respondent complies with the order. If the court orders a

18 transfer of the respondent to another school, the parents,

19 guardian, or legal custodian of the respondent are responsible

20 for transportation and other costs associated with the change

21 of school by the respondent.

22 (d) The court shall not hold a school district or private

23 or non-public school or any of its employees in civil or

24 criminal contempt unless the school district or private or

25 non-public school has been allowed to intervene.

26 (e) The court may hold the parents, guardian, or legal

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1 custodian of a minor respondent in civil or criminal contempt

2 for a violation of any provision of any order entered under

3 this Article for conduct of the minor respondent in violation

4 of this Article if the parents, guardian, or legal custodian

5 directed, encouraged, or assisted the respondent minor in the

6 conduct.

7 (f) Monetary damages are not recoverable as a remedy.

8 (g) If the stalking no contact order prohibits the

9 respondent from ~~possessing a Firearm Owner's Identification~~

10 ~~Card, or~~ possessing or buying firearms; the court shall

11 confiscate the respondent's firearms ~~Firearm Owner's~~

12 ~~Identification Card and immediately return the card to the~~

13 ~~Department of State Police Firearm Owner's Identification Card~~

14 ~~Office~~.

15 (Source: P.A. 100-199, eff. 1-1-18.)

16 Section 95. The Unified Code of Corrections is amended by

17 changing Sections 5-4.5-110, 5-5-3, 5-5-3.2, and 5-6-3 as

18 follows:

19 (730 ILCS 5/5-4.5-110)

20 (Section scheduled to be repealed on January 1, 2023)

21 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH

22 PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.

23 (a) DEFINITIONS. For the purposes of this Section:

24 "Firearm" has the meaning ascribed to it in Section

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1 2-7.5 of the Criminal Code of 2012 ~~Section 1.1 of the~~

2 ~~Firearm Owners Identification Card Act~~.

3 "Qualifying predicate offense" means the following

4 offenses under the Criminal Code of 2012:

5 (A) aggravated unlawful use of a weapon under

6 Section 24-1.6 or similar offense under the Criminal

7 Code of 1961, when the weapon is a firearm;

8 (B) unlawful use or possession of a weapon by a

9 felon under Section 24-1.1 or similar offense under the

10 Criminal Code of 1961, when the weapon is a firearm;

11 (C) first degree murder under Section 9-1 or

12 similar offense under the Criminal Code of 1961;

13 (D) attempted first degree murder with a firearm or

14 similar offense under the Criminal Code of 1961;

15 (E) aggravated kidnapping with a firearm under

16 paragraph (6) or (7) of subsection (a) of Section 10-2

17 or similar offense under the Criminal Code of 1961;

18 (F) aggravated battery with a firearm under

19 subsection (e) of Section 12-3.05 or similar offense

20 under the Criminal Code of 1961;

21 (G) aggravated criminal sexual assault under

22 Section 11-1.30 or similar offense under the Criminal

23 Code of 1961;

24 (H) predatory criminal sexual assault of a child

25 under Section 11-1.40 or similar offense under the

26 Criminal Code of 1961;

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1 (I) armed robbery under Section 18-2 or similar

2 offense under the Criminal Code of 1961;

3 (J) vehicular hijacking under Section 18-3 or

4 similar offense under the Criminal Code of 1961;

5 (K) aggravated vehicular hijacking under Section

6 18-4 or similar offense under the Criminal Code of

7 1961;

8 (L) home invasion with a firearm under paragraph

9 (3), (4), or (5) of subsection (a) of Section 19-6 or

10 similar offense under the Criminal Code of 1961;

11 (M) aggravated discharge of a firearm under

12 Section 24-1.2 or similar offense under the Criminal

13 Code of 1961;

14 (N) aggravated discharge of a machine gun or a

15 firearm equipped with a device designed or used for

16 silencing the report of a firearm under Section

17 24-1.2-5 or similar offense under the Criminal Code of

18 1961;

19 (0) unlawful use of firearm projectiles under

20 Section 24-2.1 or similar offense under the Criminal

21 Code of 1961;

22 (P) manufacture, sale, or transfer of bullets or

23 shells represented to be armor piercing bullets,

24 dragon's breath shotgun shells, bolo shells, or

25 flechette shells under Section 24-2.2 or similar

26 offense under the Criminal Code of 1961;

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1 (Q) unlawful sale or delivery of firearms under

2 Section 24-3 or similar offense under the Criminal Code

3 of 1961;

4 (R) unlawful discharge of firearm projectiles

5 under Section 24-3.2 or similar offense under the

6 Criminal Code of 1961;

7 (S) unlawful sale or delivery of firearms on school

8 premises of any school under Section 24-3.3 or similar

9 offense under the Criminal Code of 1961;

10 (T) unlawful purchase of a firearm under Section

11 24-3.5 or similar offense under the Criminal Code of

12 1961;

13 (U) use of a stolen firearm in the commission of an

14 offense under Section 24-3.7 or similar offense under

15 the Criminal Code of 1961;

16 (V) possession of a stolen firearm under Section

17 24-3.8 or similar offense under the Criminal Code of

18 1961;

19 (W) aggravated possession of a stolen firearm

20 under Section 24-3.9 or similar offense under the

21 Criminal Code of 1961;

22 (X) gunrunning under Section 24-3A or similar

23 offense under the Criminal Code of 1961;

24 (Y) defacing identification marks of firearms

25 under Section 24-5 or similar offense under the

26 Criminal Code of 1961; and

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1 (Z) armed violence under Section 33A-2 or similar

2 offense under the Criminal Code of 1961.

3 (b) APPLICABILITY. For an offense committed on or after

4 January 1, 2018 (the effective date Public Act 100-3) ~~of this~~

5 ~~amendatory Act of the 100th General Assembly~~ and before January

6 1, 2023, when a person is convicted of unlawful use or

7 possession of a weapon by a felon, when the weapon is a

8 firearm, or aggravated unlawful use of a weapon, when the

9 weapon is a firearm, after being previously convicted of a

10 qualifying predicate offense the person shall be subject to the

11 sentencing guidelines under this Section.

12 (c) SENTENCING GUIDELINES.

13 (1) When a person is convicted of unlawful use or

14 possession of a weapon by a felon, when the weapon is a

15 firearm, and that person has been previously convicted of a

16 qualifying predicate offense, the person shall be

17 sentenced to a term of imprisonment within the sentencing

18 range of not less than 7 years and not more than 14 years,

19 unless the court finds that a departure from the sentencing

20 guidelines under this paragraph is warranted under

21 subsection (d) of this Section.

22 (2) When a person is convicted of aggravated unlawful

23 use of a weapon, when the weapon is a firearm, and that

24 person has been previously convicted of a qualifying

25 predicate offense, the person shall be sentenced to a term

26 of imprisonment within the sentencing range of not less

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1 than 6 years and not more than 7 years, unless the court

2 finds that a departure from the sentencing guidelines under

3 this paragraph is warranted under subsection (d) of this

4 Section.

5 (3) The sentencing guidelines in paragraphs (1) and (2)

6 of this subsection (c) apply only to offenses committed on

7 and after January 1, 2018 (the effective date of Public Act

8 100-3) ~~this amendatory Act of the 100th General Assembly~~

9 and before January 1, 2023.

10 (d) DEPARTURE FROM SENTENCING GUIDELINES.

11 (1) At the sentencing hearing conducted under Section

12 5-4-1 of this Code, the court may depart from the

13 sentencing guidelines provided in subsection (c) of this

14 Section and impose a sentence otherwise authorized by law

15 for the offense if the court, after considering any factor

16 under paragraph (2) of this subsection (d) relevant to the

17 nature and circumstances of the crime and to the history

18 and character of the defendant, finds on the record

19 substantial and compelling justification that the sentence

20 within the sentencing guidelines would be unduly harsh and

21 that a sentence otherwise authorized by law would be

22 consistent with public safety and does not deprecate the

23 seriousness of the offense.

24 (2) In deciding whether to depart from the sentencing

25 guidelines under this paragraph, the court shall consider:

26 (A) the age, immaturity, or limited mental

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1 capacity of the defendant at the time of commission of

2 the qualifying predicate or current offense, including

3 whether the defendant was suffering from a mental or

4 physical condition insufficient to constitute a

5 defense but significantly reduced the defendant's

6 culpability;

7 (B) the nature and circumstances of the qualifying

8 predicate offense;

9 (C) the time elapsed since the qualifying

10 predicate offense;

11 (D) the nature and circumstances of the current

12 offense;

13 (E) the defendant's prior criminal history;

14 (F) whether the defendant committed the qualifying

15 predicate or current offense under specific and

16 credible duress, coercion, threat, or compulsion;

17 (G) whether the defendant aided in the

18 apprehension of another felon or testified truthfully

19 on behalf of another prosecution of a felony; and

20 (H) whether departure is in the interest of the

21 person's rehabilitation, including employment or

22 educational or vocational training, after taking into

23 account any past rehabilitation efforts or

24 dispositions of probation or supervision, and the

25 defendant's cooperation or response to rehabilitation.

26 (3) When departing from the sentencing guidelines

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1 under this Section, the court shall specify on the record,

2 the particular evidence, information, factor or factors,

3 or other reasons which led to the departure from the

4 sentencing guidelines. When departing from the sentencing

5 range in accordance with this subsection (d), the court

6 shall indicate on the sentencing order which departure

7 factor or factors outlined in paragraph (2) of this

8 subsection (d) led to the sentence imposed. The sentencing

9 order shall be filed with the clerk of the court and shall

10 be a public record.

11 (e) This Section is repealed on January 1, 2023.

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

13 (730 ILCS 5/5-5-3)

14 Sec. 5-5-3. Disposition.

15 (a) (Blank).

16 (b) (Blank).

17 (c) (1) (Blank).

18 (2) A period of probation, a term of periodic imprisonment

19 or conditional discharge shall not be imposed for the following

20 offenses. The court shall sentence the offender to not less

21 than the minimum term of imprisonment set forth in this Code

22 for the following offenses, and may order a fine or restitution

23 or both in conjunction with such term of imprisonment:

24 (A) First degree murder where the death penalty is not

25 imposed.

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1 (B) Attempted first degree murder.

2 (C) A Class X felony.

3 (D) A violation of Section 401.1 or 407 of the Illinois

4 Controlled Substances Act, or a violation of subdivision

5 (c)(1.5) of Section 401 of that Act which relates to more

6 than 5 grams of a substance containing fentanyl or an

7 analog thereof.

8 (D-5) A violation of subdivision (c)(1) of Section 401

9 of the Illinois Controlled Substances Act which relates to

10 3 or more grams of a substance containing heroin or an

11 analog thereof.

12 (E) (Blank).

13 (F) A Class 1 or greater felony if the offender had

14 been convicted of a Class 1 or greater felony, including

15 any state or federal conviction for an offense that

16 contained, at the time it was committed, the same elements

17 as an offense now (the date of the offense committed after

18 the prior Class 1 or greater felony) classified as a Class

19 1 or greater felony, within 10 years of the date on which

20 the offender committed the offense for which he or she is

21 being sentenced, except as otherwise provided in Section

22 40-10 of the Substance Use Disorder Act.

23 (F-3) A Class 2 or greater felony sex offense or felony

24 firearm offense if the offender had been convicted of a

25 Class 2 or greater felony, including any state or federal

26 conviction for an offense that contained, at the time it

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1 was committed, the same elements as an offense now (the

2 date of the offense committed after the prior Class 2 or

3 greater felony) classified as a Class 2 or greater felony,

4 within 10 years of the date on which the offender committed

5 the offense for which he or she is being sentenced, except

6 as otherwise provided in Section 40-10 of the Substance Use

7 Disorder Act.

8 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 of

9 the Criminal Code of 1961 or the Criminal Code of 2012 for

10 which imprisonment is prescribed in those Sections.

11 (G) Residential burglary, except as otherwise provided

12 in Section 40-10 of the Substance Use Disorder Act.

13 (H) Criminal sexual assault.

14 (I) Aggravated battery of a senior citizen as described

15 in Section 12-4.6 or subdivision (a)(4) of Section 12-3.05

16 of the Criminal Code of 1961 or the Criminal Code of 2012.

17 (J) A forcible felony if the offense was related to the

18 activities of an organized gang.

19 Before July 1, 1994, for the purposes of this

20 paragraph, "organized gang" means an association of 5 or

21 more persons, with an established hierarchy, that

22 encourages members of the association to perpetrate crimes

23 or provides support to the members of the association who

24 do commit crimes.

25 Beginning July 1, 1994, for the purposes of this

26 paragraph, "organized gang" has the meaning ascribed to it

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1 in Section 10 of the Illinois Streetgang Terrorism Omnibus

2 Prevention Act.

3 (K) Vehicular hijacking.

4 (L) A second or subsequent conviction for the offense

5 of hate crime when the underlying offense upon which the

6 hate crime is based is felony aggravated assault or felony

7 mob action.

8 (M) A second or subsequent conviction for the offense

9 of institutional vandalism if the damage to the property

10 exceeds $300.

11 (N) A Class 3 felony violation of paragraph (1) of

12 subsection (a) of Section 2 of the Firearm Owners

13 Identification Card Act committed before the effective

14 date of this amendatory Act of the 101st General Assembly.

15 (O) A violation of Section 12-6.1 or 12-6.5 of the

16 Criminal Code of 1961 or the Criminal Code of 2012.

17 (P) A violation of paragraph (1), (2), (3), (4), (5),

18 or (7) of subsection (a) of Section 11-20.1 of the Criminal

19 Code of 1961 or the Criminal Code of 2012.

20 (Q) A violation of subsection (b) or (b-5) of Section

21 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal

22 Code of 1961 or the Criminal Code of 2012.

23 (R) A violation of Section 24-3A of the Criminal Code

24 of 1961 or the Criminal Code of 2012.

25 (S) (Blank).

26 (T) (Blank).

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1 (U) A second or subsequent violation of Section 6-303

2 of the Illinois Vehicle Code committed while his or her

3 driver's license, permit, or privilege was revoked because

4 of a violation of Section 9-3 of the Criminal Code of 1961

5 or the Criminal Code of 2012, relating to the offense of

6 reckless homicide, or a similar provision of a law of

7 another state.

8 (V) A violation of paragraph (4) of subsection (c) of

9 Section 11-20.1B or paragraph (4) of subsection (c) of

10 Section 11-20.3 of the Criminal Code of 1961, or paragraph

11 (6) of subsection (a) of Section 11-20.1 of the Criminal

12 Code of 2012 when the victim is under 13 years of age and

13 the defendant has previously been convicted under the laws

14 of this State or any other state of the offense of child

15 pornography, aggravated child pornography, aggravated

16 criminal sexual abuse, aggravated criminal sexual assault,

17 predatory criminal sexual assault of a child, or any of the

18 offenses formerly known as rape, deviate sexual assault,

19 indecent liberties with a child, or aggravated indecent

20 liberties with a child where the victim was under the age

21 of 18 years or an offense that is substantially equivalent

22 to those offenses.

23 (W) A violation of Section 24-3.5 of the Criminal Code

24 of 1961 or the Criminal Code of 2012.

25 (X) A violation of subsection (a) of Section 31-1a of

26 the Criminal Code of 1961 or the Criminal Code of 2012.

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1 (Y) A conviction for unlawful possession of a firearm

2 by a street gang member when the firearm was loaded or

3 contained firearm ammunition.

4 (Z) A Class 1 felony committed while he or she was

5 serving a term of probation or conditional discharge for a

6 felony.

7 (AA) Theft of property exceeding $500,000 and not

8 exceeding $1,000,000 in value.

9 (BB) Laundering of criminally derived property of a

10 value exceeding $500,000.

11 (CC) Knowingly selling, offering for sale, holding for

12 sale, or using 2,000 or more counterfeit items or

13 counterfeit items having a retail value in the aggregate of

14 $500,000 or more.

15 (DD) A conviction for aggravated assault under

16 paragraph (6) of subsection (c) of Section 12-2 of the

17 Criminal Code of 1961 or the Criminal Code of 2012 if the

18 firearm is aimed toward the person against whom the firearm

19 is being used.

20 (EE) A conviction for a violation of paragraph (2) of

21 subsection (a) of Section 24-3B of the Criminal Code of

22 2012.

23 (3) (Blank).

24 (4) A minimum term of imprisonment of not less than 10

25 consecutive days or 30 days of community service shall be

26 imposed for a violation of paragraph (c) of Section 6-303 of

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1 the Illinois Vehicle Code.

2 (4.1) (Blank).

3 (4.2) Except as provided in paragraphs (4.3) and (4.8) of

4 this subsection (c), a minimum of 100 hours of community

5 service shall be imposed for a second violation of Section

6 6-303 of the Illinois Vehicle Code.

7 (4.3) A minimum term of imprisonment of 30 days or 300

8 hours of community service, as determined by the court, shall

9 be imposed for a second violation of subsection (c) of Section

10 6-303 of the Illinois Vehicle Code.

11 (4.4) Except as provided in paragraphs (4.5), (4.6), and

12 (4.9) of this subsection (c), a minimum term of imprisonment of

13 30 days or 300 hours of community service, as determined by the

14 court, shall be imposed for a third or subsequent violation of

15 Section 6-303 of the Illinois Vehicle Code. The court may give

16 credit toward the fulfillment of community service hours for

17 participation in activities and treatment as determined by

18 court services.

19 (4.5) A minimum term of imprisonment of 30 days shall be

20 imposed for a third violation of subsection (c) of Section

21 6-303 of the Illinois Vehicle Code.

22 (4.6) Except as provided in paragraph (4.10) of this

23 subsection (c), a minimum term of imprisonment of 180 days

24 shall be imposed for a fourth or subsequent violation of

25 subsection (c) of Section 6-303 of the Illinois Vehicle Code.

26 (4.7) A minimum term of imprisonment of not less than 30

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1 consecutive days, or 300 hours of community service, shall be

2 imposed for a violation of subsection (a-5) of Section 6-303 of

3 the Illinois Vehicle Code, as provided in subsection (b-5) of

4 that Section.

5 (4.8) A mandatory prison sentence shall be imposed for a

6 second violation of subsection (a-5) of Section 6-303 of the

7 Illinois Vehicle Code, as provided in subsection (c-5) of that

8 Section. The person's driving privileges shall be revoked for a

9 period of not less than 5 years from the date of his or her

10 release from prison.

11 (4.9) A mandatory prison sentence of not less than 4 and

12 not more than 15 years shall be imposed for a third violation

13 of subsection (a-5) of Section 6-303 of the Illinois Vehicle

14 Code, as provided in subsection (d-2.5) of that Section. The

15 person's driving privileges shall be revoked for the remainder

16 of his or her life.

17 (4.10) A mandatory prison sentence for a Class 1 felony

18 shall be imposed, and the person shall be eligible for an

19 extended term sentence, for a fourth or subsequent violation of

20 subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,

21 as provided in subsection (d-3.5) of that Section. The person's

22 driving privileges shall be revoked for the remainder of his or

23 her life.

24 (5) The court may sentence a corporation or unincorporated

25 association convicted of any offense to:

26 (A) a period of conditional discharge;

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1 (B) a fine;

2 (C) make restitution to the victim under Section 5-5-6

3 of this Code.

4 (5.1) In addition to any other penalties imposed, and

5 except as provided in paragraph (5.2) or (5.3), a person

6 convicted of violating subsection (c) of Section 11-907 of the

7 Illinois Vehicle Code shall have his or her driver's license,

8 permit, or privileges suspended for at least 90 days but not

9 more than one year, if the violation resulted in damage to the

10 property of another person.

11 (5.2) In addition to any other penalties imposed, and

12 except as provided in paragraph (5.3), a person convicted of

13 violating subsection (c) of Section 11-907 of the Illinois

14 Vehicle Code shall have his or her driver's license, permit, or

15 privileges suspended for at least 180 days but not more than 2

16 years, if the violation resulted in injury to another person.

17 (5.3) In addition to any other penalties imposed, a person

18 convicted of violating subsection (c) of Section 11-907 of the

19 Illinois Vehicle Code shall have his or her driver's license,

20 permit, or privileges suspended for 2 years, if the violation

21 resulted in the death of another person.

22 (5.4) In addition to any other penalties imposed, a person

23 convicted of violating Section 3-707 of the Illinois Vehicle

24 Code shall have his or her driver's license, permit, or

25 privileges suspended for 3 months and until he or she has paid

26 a reinstatement fee of $100.

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1 (5.5) In addition to any other penalties imposed, a person

2 convicted of violating Section 3-707 of the Illinois Vehicle

3 Code during a period in which his or her driver's license,

4 permit, or privileges were suspended for a previous violation

5 of that Section shall have his or her driver's license, permit,

6 or privileges suspended for an additional 6 months after the

7 expiration of the original 3-month suspension and until he or

8 she has paid a reinstatement fee of $100.

9 (6) (Blank).

10 (7) (Blank).

11 (8) (Blank).

12 (9) A defendant convicted of a second or subsequent offense

13 of ritualized abuse of a child may be sentenced to a term of

14 natural life imprisonment.

15 (10) (Blank).

16 (11) The court shall impose a minimum fine of $1,000 for a

17 first offense and $2,000 for a second or subsequent offense

18 upon a person convicted of or placed on supervision for battery

19 when the individual harmed was a sports official or coach at

20 any level of competition and the act causing harm to the sports

21 official or coach occurred within an athletic facility or

22 within the immediate vicinity of the athletic facility at which

23 the sports official or coach was an active participant of the

24 athletic contest held at the athletic facility. For the

25 purposes of this paragraph (11), "sports official" means a

26 person at an athletic contest who enforces the rules of the

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1 contest, such as an umpire or referee; "athletic facility"

2 means an indoor or outdoor playing field or recreational area

3 where sports activities are conducted; and "coach" means a

4 person recognized as a coach by the sanctioning authority that

5 conducted the sporting event.

6 (12) A person may not receive a disposition of court

7 supervision for a violation of Section 5-16 of the Boat

8 Registration and Safety Act if that person has previously

9 received a disposition of court supervision for a violation of

10 that Section.

11 (13) A person convicted of or placed on court supervision

12 for an assault or aggravated assault when the victim and the

13 offender are family or household members as defined in Section

14 103 of the Illinois Domestic Violence Act of 1986 or convicted

15 of domestic battery or aggravated domestic battery may be

16 required to attend a Partner Abuse Intervention Program under

17 protocols set forth by the Illinois Department of Human

18 Services under such terms and conditions imposed by the court.

19 The costs of such classes shall be paid by the offender.

20 (d) In any case in which a sentence originally imposed is

21 vacated, the case shall be remanded to the trial court. The

22 trial court shall hold a hearing under Section 5-4-1 of this

23 Code which may include evidence of the defendant's life, moral

24 character and occupation during the time since the original

25 sentence was passed. The trial court shall then impose sentence

26 upon the defendant. The trial court may impose any sentence

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1 which could have been imposed at the original trial subject to

2 Section 5-5-4 of this Code. If a sentence is vacated on appeal

3 or on collateral attack due to the failure of the trier of fact

4 at trial to determine beyond a reasonable doubt the existence

5 of a fact (other than a prior conviction) necessary to increase

6 the punishment for the offense beyond the statutory maximum

7 otherwise applicable, either the defendant may be re-sentenced

8 to a term within the range otherwise provided or, if the State

9 files notice of its intention to again seek the extended

10 sentence, the defendant shall be afforded a new trial.

11 (e) In cases where prosecution for aggravated criminal

12 sexual abuse under Section 11-1.60 or 12-16 of the Criminal

13 Code of 1961 or the Criminal Code of 2012 results in conviction

14 of a defendant who was a family member of the victim at the

15 time of the commission of the offense, the court shall consider

16 the safety and welfare of the victim and may impose a sentence

17 of probation only where:

18 (1) the court finds (A) or (B) or both are appropriate:

19 (A) the defendant is willing to undergo a court

20 approved counseling program for a minimum duration of 2

21 years; or

22 (B) the defendant is willing to participate in a

23 court approved plan including but not limited to the

24 defendant's:

25 (i) removal from the household;

26 (ii) restricted contact with the victim;

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1 (iii) continued financial support of the

2 family;

3 (iv) restitution for harm done to the victim;

4 and

5 (v) compliance with any other measures that

6 the court may deem appropriate; and

7 (2) the court orders the defendant to pay for the

8 victim's counseling services, to the extent that the court

9 finds, after considering the defendant's income and

10 assets, that the defendant is financially capable of paying

11 for such services, if the victim was under 18 years of age

12 at the time the offense was committed and requires

13 counseling as a result of the offense.

14 Probation may be revoked or modified pursuant to Section

15 5-6-4; except where the court determines at the hearing that

16 the defendant violated a condition of his or her probation

17 restricting contact with the victim or other family members or

18 commits another offense with the victim or other family

19 members, the court shall revoke the defendant's probation and

20 impose a term of imprisonment.

21 For the purposes of this Section, "family member" and

22 "victim" shall have the meanings ascribed to them in Section

23 11-0.1 of the Criminal Code of 2012.

24 (f) (Blank).

25 (g) Whenever a defendant is convicted of an offense under

26 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

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1 11-14.3, 11-14.4 except for an offense that involves keeping a

2 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

3 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

4 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

5 Criminal Code of 2012, the defendant shall undergo medical

6 testing to determine whether the defendant has any sexually

7 transmissible disease, including a test for infection with

8 human immunodeficiency virus (HIV) or any other identified

9 causative agent of acquired immunodeficiency syndrome (AIDS).

10 Any such medical test shall be performed only by appropriately

11 licensed medical practitioners and may include an analysis of

12 any bodily fluids as well as an examination of the defendant's

13 person. Except as otherwise provided by law, the results of

14 such test shall be kept strictly confidential by all medical

15 personnel involved in the testing and must be personally

16 delivered in a sealed envelope to the judge of the court in

17 which the conviction was entered for the judge's inspection in

18 camera. Acting in accordance with the best interests of the

19 victim and the public, the judge shall have the discretion to

20 determine to whom, if anyone, the results of the testing may be

21 revealed. The court shall notify the defendant of the test

22 results. The court shall also notify the victim if requested by

23 the victim, and if the victim is under the age of 15 and if

24 requested by the victim's parents or legal guardian, the court

25 shall notify the victim's parents or legal guardian of the test

26 results. The court shall provide information on the

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1 availability of HIV testing and counseling at Department of

2 Public Health facilities to all parties to whom the results of

3 the testing are revealed and shall direct the State's Attorney

4 to provide the information to the victim when possible. A

5 State's Attorney may petition the court to obtain the results

6 of any HIV test administered under this Section, and the court

7 shall grant the disclosure if the State's Attorney shows it is

8 relevant in order to prosecute a charge of criminal

9 transmission of HIV under Section 12-5.01 or 12-16.2 of the

10 Criminal Code of 1961 or the Criminal Code of 2012 against the

11 defendant. The court shall order that the cost of any such test

12 shall be paid by the county and may be taxed as costs against

13 the convicted defendant.

14 (g-5) When an inmate is tested for an airborne communicable

15 disease, as determined by the Illinois Department of Public

16 Health including but not limited to tuberculosis, the results

17 of the test shall be personally delivered by the warden or his

18 or her designee in a sealed envelope to the judge of the court

19 in which the inmate must appear for the judge's inspection in

20 camera if requested by the judge. Acting in accordance with the

21 best interests of those in the courtroom, the judge shall have

22 the discretion to determine what if any precautions need to be

23 taken to prevent transmission of the disease in the courtroom.

24 (h) Whenever a defendant is convicted of an offense under

25 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

26 defendant shall undergo medical testing to determine whether

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1 the defendant has been exposed to human immunodeficiency virus

2 (HIV) or any other identified causative agent of acquired

3 immunodeficiency syndrome (AIDS). Except as otherwise provided

4 by law, the results of such test shall be kept strictly

5 confidential by all medical personnel involved in the testing

6 and must be personally delivered in a sealed envelope to the

7 judge of the court in which the conviction was entered for the

8 judge's inspection in camera. Acting in accordance with the

9 best interests of the public, the judge shall have the

10 discretion to determine to whom, if anyone, the results of the

11 testing may be revealed. The court shall notify the defendant

12 of a positive test showing an infection with the human

13 immunodeficiency virus (HIV). The court shall provide

14 information on the availability of HIV testing and counseling

15 at Department of Public Health facilities to all parties to

16 whom the results of the testing are revealed and shall direct

17 the State's Attorney to provide the information to the victim

18 when possible. A State's Attorney may petition the court to

19 obtain the results of any HIV test administered under this

20 Section, and the court shall grant the disclosure if the

21 State's Attorney shows it is relevant in order to prosecute a

22 charge of criminal transmission of HIV under Section 12-5.01 or

23 12-16.2 of the Criminal Code of 1961 or the Criminal Code of

24 2012 against the defendant. The court shall order that the cost

25 of any such test shall be paid by the county and may be taxed as

26 costs against the convicted defendant.

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1 (i) All fines and penalties imposed under this Section for

2 any violation of Chapters 3, 4, 6, and 11 of the Illinois

3 Vehicle Code, or a similar provision of a local ordinance, and

4 any violation of the Child Passenger Protection Act, or a

5 similar provision of a local ordinance, shall be collected and

6 disbursed by the circuit clerk as provided under the Criminal

7 and Traffic Assessment Act.

8 (j) In cases when prosecution for any violation of Section

9 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

10 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

11 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

12 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,

13 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal

14 Code of 2012, any violation of the Illinois Controlled

15 Substances Act, any violation of the Cannabis Control Act, or

16 any violation of the Methamphetamine Control and Community

17 Protection Act results in conviction, a disposition of court

18 supervision, or an order of probation granted under Section 10

19 of the Cannabis Control Act, Section 410 of the Illinois

20 Controlled Substances Act, or Section 70 of the Methamphetamine

21 Control and Community Protection Act of a defendant, the court

22 shall determine whether the defendant is employed by a facility

23 or center as defined under the Child Care Act of 1969, a public

24 or private elementary or secondary school, or otherwise works

25 with children under 18 years of age on a daily basis. When a

26 defendant is so employed, the court shall order the Clerk of

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1 the Court to send a copy of the judgment of conviction or order

2 of supervision or probation to the defendant's employer by

3 certified mail. If the employer of the defendant is a school,

4 the Clerk of the Court shall direct the mailing of a copy of

5 the judgment of conviction or order of supervision or probation

6 to the appropriate regional superintendent of schools. The

7 regional superintendent of schools shall notify the State Board

8 of Education of any notification under this subsection.

9 (j-5) A defendant at least 17 years of age who is convicted

10 of a felony and who has not been previously convicted of a

11 misdemeanor or felony and who is sentenced to a term of

12 imprisonment in the Illinois Department of Corrections shall as

13 a condition of his or her sentence be required by the court to

14 attend educational courses designed to prepare the defendant

15 for a high school diploma and to work toward a high school

16 diploma or to work toward passing high school equivalency

17 testing or to work toward completing a vocational training

18 program offered by the Department of Corrections. If a

19 defendant fails to complete the educational training required

20 by his or her sentence during the term of incarceration, the

21 Prisoner Review Board shall, as a condition of mandatory

22 supervised release, require the defendant, at his or her own

23 expense, to pursue a course of study toward a high school

24 diploma or passage of high school equivalency testing. The

25 Prisoner Review Board shall revoke the mandatory supervised

26 release of a defendant who wilfully fails to comply with this

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1 subsection (j-5) upon his or her release from confinement in a

2 penal institution while serving a mandatory supervised release

3 term; however, the inability of the defendant after making a

4 good faith effort to obtain financial aid or pay for the

5 educational training shall not be deemed a wilful failure to

6 comply. The Prisoner Review Board shall recommit the defendant

7 whose mandatory supervised release term has been revoked under

8 this subsection (j-5) as provided in Section 3-3-9. This

9 subsection (j-5) does not apply to a defendant who has a high

10 school diploma or has successfully passed high school

11 equivalency testing. This subsection (j-5) does not apply to a

12 defendant who is determined by the court to be a person with a

13 developmental disability or otherwise mentally incapable of

14 completing the educational or vocational program.

15 (k) (Blank).

16 (l) (A) Except as provided in paragraph (C) of subsection

17 (l), whenever a defendant, who is an alien as defined by the

18 Immigration and Nationality Act, is convicted of any felony or

19 misdemeanor offense, the court after sentencing the defendant

20 may, upon motion of the State's Attorney, hold sentence in

21 abeyance and remand the defendant to the custody of the

22 Attorney General of the United States or his or her designated

23 agent to be deported when:

24 (1) a final order of deportation has been issued

25 against the defendant pursuant to proceedings under the

26 Immigration and Nationality Act, and

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1 (2) the deportation of the defendant would not

2 deprecate the seriousness of the defendant's conduct and

3 would not be inconsistent with the ends of justice.

4 Otherwise, the defendant shall be sentenced as provided in

5 this Chapter V.

6 (B) If the defendant has already been sentenced for a

7 felony or misdemeanor offense, or has been placed on probation

8 under Section 10 of the Cannabis Control Act, Section 410 of

9 the Illinois Controlled Substances Act, or Section 70 of the

10 Methamphetamine Control and Community Protection Act, the

11 court may, upon motion of the State's Attorney to suspend the

12 sentence imposed, commit the defendant to the custody of the

13 Attorney General of the United States or his or her designated

14 agent when:

15 (1) a final order of deportation has been issued

16 against the defendant pursuant to proceedings under the

17 Immigration and Nationality Act, and

18 (2) the deportation of the defendant would not

19 deprecate the seriousness of the defendant's conduct and

20 would not be inconsistent with the ends of justice.

21 (C) This subsection (l) does not apply to offenders who are

22 subject to the provisions of paragraph (2) of subsection (a) of

23 Section 3-6-3.

24 (D) Upon motion of the State's Attorney, if a defendant

25 sentenced under this Section returns to the jurisdiction of the

26 United States, the defendant shall be recommitted to the

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1 custody of the county from which he or she was sentenced.

2 Thereafter, the defendant shall be brought before the

3 sentencing court, which may impose any sentence that was

4 available under Section 5-5-3 at the time of initial

5 sentencing. In addition, the defendant shall not be eligible

6 for additional earned sentence credit as provided under Section

7 3-6-3.

8 (m) A person convicted of criminal defacement of property

9 under Section 21-1.3 of the Criminal Code of 1961 or the

10 Criminal Code of 2012, in which the property damage exceeds

11 $300 and the property damaged is a school building, shall be

12 ordered to perform community service that may include cleanup,

13 removal, or painting over the defacement.

14 (n) The court may sentence a person convicted of a

15 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

16 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

17 of 1961 or the Criminal Code of 2012 (i) to an impact

18 incarceration program if the person is otherwise eligible for

19 that program under Section 5-8-1.1, (ii) to community service,

20 or (iii) if the person has a substance use disorder, as defined

21 in the Substance Use Disorder Act, to a treatment program

22 licensed under that Act.

23 (o) Whenever a person is convicted of a sex offense as

24 defined in Section 2 of the Sex Offender Registration Act, the

25 defendant's driver's license or permit shall be subject to

26 renewal on an annual basis in accordance with the provisions of

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1 license renewal established by the Secretary of State.

2 (Source: P.A. 100-575, eff. 1-8-18; 100-759, eff. 1-1-19;

3 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)

4 (730 ILCS 5/5-5-3.2)

5 Sec. 5-5-3.2. Factors in aggravation and extended-term

6 sentencing.

7 (a) The following factors shall be accorded weight in favor

8 of imposing a term of imprisonment or may be considered by the

9 court as reasons to impose a more severe sentence under Section

10 5-8-1 or Article 4.5 of Chapter V:

11 (1) the defendant's conduct caused or threatened

12 serious harm;

13 (2) the defendant received compensation for committing

14 the offense;

15 (3) the defendant has a history of prior delinquency or

16 criminal activity;

17 (4) the defendant, by the duties of his office or by

18 his position, was obliged to prevent the particular offense

19 committed or to bring the offenders committing it to

20 justice;

21 (5) the defendant held public office at the time of the

22 offense, and the offense related to the conduct of that

23 office;

24 (6) the defendant utilized his professional reputation

25 or position in the community to commit the offense, or to

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1 afford him an easier means of committing it;

2 (7) the sentence is necessary to deter others from

3 committing the same crime;

4 (8) the defendant committed the offense against a

5 person 60 years of age or older or such person's property;

6 (9) the defendant committed the offense against a

7 person who has a physical disability or such person's

8 property;

9 (10) by reason of another individual's actual or

10 perceived race, color, creed, religion, ancestry, gender,

11 sexual orientation, physical or mental disability, or

12 national origin, the defendant committed the offense

13 against (i) the person or property of that individual; (ii)

14 the person or property of a person who has an association

15 with, is married to, or has a friendship with the other

16 individual; or (iii) the person or property of a relative

17 (by blood or marriage) of a person described in clause (i)

18 or (ii). For the purposes of this Section, "sexual

19 orientation" has the meaning ascribed to it in paragraph

20 (O-1) of Section 1-103 of the Illinois Human Rights Act;

21 (11) the offense took place in a place of worship or on

22 the grounds of a place of worship, immediately prior to,

23 during or immediately following worship services. For

24 purposes of this subparagraph, "place of worship" shall

25 mean any church, synagogue or other building, structure or

26 place used primarily for religious worship;

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1 (12) the defendant was convicted of a felony committed

2 while he was released on bail or his own recognizance

3 pending trial for a prior felony and was convicted of such

4 prior felony, or the defendant was convicted of a felony

5 committed while he was serving a period of probation,

6 conditional discharge, or mandatory supervised release

7 under subsection (d) of Section 5-8-1 for a prior felony;

8 (13) the defendant committed or attempted to commit a

9 felony while he was wearing a bulletproof vest. For the

10 purposes of this paragraph (13), a bulletproof vest is any

11 device which is designed for the purpose of protecting the

12 wearer from bullets, shot or other lethal projectiles;

13 (14) the defendant held a position of trust or

14 supervision such as, but not limited to, family member as

15 defined in Section 11-0.1 of the Criminal Code of 2012,

16 teacher, scout leader, baby sitter, or day care worker, in

17 relation to a victim under 18 years of age, and the

18 defendant committed an offense in violation of Section

19 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,

20 11-14.4 except for an offense that involves keeping a place

21 of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

22 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

23 or 12-16 of the Criminal Code of 1961 or the Criminal Code

24 of 2012 against that victim;

25 (15) the defendant committed an offense related to the

26 activities of an organized gang. For the purposes of this

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1 factor, "organized gang" has the meaning ascribed to it in

2 Section 10 of the Streetgang Terrorism Omnibus Prevention

3 Act;

4 (16) the defendant committed an offense in violation of

5 one of the following Sections while in a school, regardless

6 of the time of day or time of year; on any conveyance

7 owned, leased, or contracted by a school to transport

8 students to or from school or a school related activity; on

9 the real property of a school; or on a public way within

10 1,000 feet of the real property comprising any school:

11 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

12 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

13 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

14 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

15 18-2, or 33A-2, or Section 12-3.05 except for subdivision

16 (a)(4) or (g)(1), of the Criminal Code of 1961 or the

17 Criminal Code of 2012;

18 (16.5) the defendant committed an offense in violation

19 of one of the following Sections while in a day care

20 center, regardless of the time of day or time of year; on

21 the real property of a day care center, regardless of the

22 time of day or time of year; or on a public way within

23 1,000 feet of the real property comprising any day care

24 center, regardless of the time of day or time of year:

25 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

26 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

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1 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

2 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

3 18-2, or 33A-2, or Section 12-3.05 except for subdivision

4 (a)(4) or (g)(1), of the Criminal Code of 1961 or the

5 Criminal Code of 2012;

6 (17) the defendant committed the offense by reason of

7 any person's activity as a community policing volunteer or

8 to prevent any person from engaging in activity as a

9 community policing volunteer. For the purpose of this

10 Section, "community policing volunteer" has the meaning

11 ascribed to it in Section 2-3.5 of the Criminal Code of

12 2012;

13 (18) the defendant committed the offense in a nursing

14 home or on the real property comprising a nursing home. For

15 the purposes of this paragraph (18), "nursing home" means a

16 skilled nursing or intermediate long term care facility

17 that is subject to license by the Illinois Department of

18 Public Health under the Nursing Home Care Act, the

19 Specialized Mental Health Rehabilitation Act of 2013, the

20 ID/DD Community Care Act, or the MC/DD Act;

21 (19) the defendant was a federally licensed firearm

22 dealer and was previously convicted of a violation of

23 subsection (a) of Section 3 of the Firearm Owners

24 Identification Card Act before its repeal by this

25 amendatory Act of the 101st General Assembly and has now

26 committed ~~either a felony violation of the Firearm Owners~~

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1 ~~Identification Card Act or~~an act of armed violence while

2 armed with a firearm;

3 (20) the defendant (i) committed the offense of

4 reckless homicide under Section 9-3 of the Criminal Code of

5 1961 or the Criminal Code of 2012 or the offense of driving

6 under the influence of alcohol, other drug or drugs,

7 intoxicating compound or compounds or any combination

8 thereof under Section 11-501 of the Illinois Vehicle Code

9 or a similar provision of a local ordinance and (ii) was

10 operating a motor vehicle in excess of 20 miles per hour

11 over the posted speed limit as provided in Article VI of

12 Chapter 11 of the Illinois Vehicle Code;

13 (21) the defendant (i) committed the offense of

14 reckless driving or aggravated reckless driving under

15 Section 11-503 of the Illinois Vehicle Code and (ii) was

16 operating a motor vehicle in excess of 20 miles per hour

17 over the posted speed limit as provided in Article VI of

18 Chapter 11 of the Illinois Vehicle Code;

19 (22) the defendant committed the offense against a

20 person that the defendant knew, or reasonably should have

21 known, was a member of the Armed Forces of the United

22 States serving on active duty. For purposes of this clause

23 (22), the term "Armed Forces" means any of the Armed Forces

24 of the United States, including a member of any reserve

25 component thereof or National Guard unit called to active

26 duty;

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1 (23) the defendant committed the offense against a

2 person who was elderly or infirm or who was a person with a

3 disability by taking advantage of a family or fiduciary

4 relationship with the elderly or infirm person or person

5 with a disability;

6 (24) the defendant committed any offense under Section

7 11-20.1 of the Criminal Code of 1961 or the Criminal Code

8 of 2012 and possessed 100 or more images;

9 (25) the defendant committed the offense while the

10 defendant or the victim was in a train, bus, or other

11 vehicle used for public transportation;

12 (26) the defendant committed the offense of child

13 pornography or aggravated child pornography, specifically

14 including paragraph (1), (2), (3), (4), (5), or (7) of

15 subsection (a) of Section 11-20.1 of the Criminal Code of

16 1961 or the Criminal Code of 2012 where a child engaged in,

17 solicited for, depicted in, or posed in any act of sexual

18 penetration or bound, fettered, or subject to sadistic,

19 masochistic, or sadomasochistic abuse in a sexual context

20 and specifically including paragraph (1), (2), (3), (4),

21 (5), or (7) of subsection (a) of Section 11-20.1B or

22 Section 11-20.3 of the Criminal Code of 1961 where a child

23 engaged in, solicited for, depicted in, or posed in any act

24 of sexual penetration or bound, fettered, or subject to

25 sadistic, masochistic, or sadomasochistic abuse in a

26 sexual context;

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1 (27) the defendant committed the offense of first

2 degree murder, assault, aggravated assault, battery,

3 aggravated battery, robbery, armed robbery, or aggravated

4 robbery against a person who was a veteran and the

5 defendant knew, or reasonably should have known, that the

6 person was a veteran performing duties as a representative

7 of a veterans' organization. For the purposes of this

8 paragraph (27), "veteran" means an Illinois resident who

9 has served as a member of the United States Armed Forces, a

10 member of the Illinois National Guard, or a member of the

11 United States Reserve Forces; and "veterans' organization"

12 means an organization comprised of members of which

13 substantially all are individuals who are veterans or

14 spouses, widows, or widowers of veterans, the primary

15 purpose of which is to promote the welfare of its members

16 and to provide assistance to the general public in such a

17 way as to confer a public benefit;

18 (28) the defendant committed the offense of assault,

19 aggravated assault, battery, aggravated battery, robbery,

20 armed robbery, or aggravated robbery against a person that

21 the defendant knew or reasonably should have known was a

22 letter carrier or postal worker while that person was

23 performing his or her duties delivering mail for the United

24 States Postal Service;

25 (29) the defendant committed the offense of criminal

26 sexual assault, aggravated criminal sexual assault,

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1 criminal sexual abuse, or aggravated criminal sexual abuse

2 against a victim with an intellectual disability, and the

3 defendant holds a position of trust, authority, or

4 supervision in relation to the victim;

5 (30) the defendant committed the offense of promoting

6 juvenile prostitution, patronizing a prostitute, or

7 patronizing a minor engaged in prostitution and at the time

8 of the commission of the offense knew that the prostitute

9 or minor engaged in prostitution was in the custody or

10 guardianship of the Department of Children and Family

11 Services;

12 (31) the defendant (i) committed the offense of driving

13 while under the influence of alcohol, other drug or drugs,

14 intoxicating compound or compounds or any combination

15 thereof in violation of Section 11-501 of the Illinois

16 Vehicle Code or a similar provision of a local ordinance

17 and (ii) the defendant during the commission of the offense

18 was driving his or her vehicle upon a roadway designated

19 for one-way traffic in the opposite direction of the

20 direction indicated by official traffic control devices;

21 ~~or~~

22 (32) the defendant committed the offense of reckless

23 homicide while committing a violation of Section 11-907 of

24 the Illinois Vehicle Code; ~~.~~

25 (33) ~~(32)~~ the defendant was found guilty of an

26 administrative infraction related to an act or acts of

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1 public indecency or sexual misconduct in the penal

2 institution. In this paragraph (33) ~~(32)~~, "penal

3 institution" has the same meaning as in Section 2-14 of the

4 Criminal Code of 2012; or ~~.~~

5 (34) ~~(32)~~ the defendant committed the offense of

6 leaving the scene of an accident in violation of subsection

7 (b) of Section 11-401 of the Illinois Vehicle Code and the

8 accident resulted in the death of a person and at the time

9 of the offense, the defendant was: (i) driving under the

10 influence of alcohol, other drug or drugs, intoxicating

11 compound or compounds or any combination thereof as defined

12 by Section 11-501 of the Illinois Vehicle Code; or (ii)

13 operating the motor vehicle while using an electronic

14 communication device as defined in Section 12-610.2 of the

15 Illinois Vehicle Code.

16 For the purposes of this Section:

17 "School" is defined as a public or private elementary or

18 secondary school, community college, college, or university.

19 "Day care center" means a public or private State certified

20 and licensed day care center as defined in Section 2.09 of the

21 Child Care Act of 1969 that displays a sign in plain view

22 stating that the property is a day care center.

23 "Intellectual disability" means significantly subaverage

24 intellectual functioning which exists concurrently with

25 impairment in adaptive behavior.

26 "Public transportation" means the transportation or

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1 conveyance of persons by means available to the general public,

2 and includes paratransit services.

3 "Traffic control devices" means all signs, signals,

4 markings, and devices that conform to the Illinois Manual on

5 Uniform Traffic Control Devices, placed or erected by authority

6 of a public body or official having jurisdiction, for the

7 purpose of regulating, warning, or guiding traffic.

8 (b) The following factors, related to all felonies, may be

9 considered by the court as reasons to impose an extended term

10 sentence 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

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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

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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

25 reasons 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:

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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

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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

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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

26 the meaning ascribed to it in Section 10 of the Illinois

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1 Streetgang Terrorism Omnibus Prevention Act.

2 (e) The court may impose an extended term sentence under

3 Article 4.5 of Chapter V upon an offender who has been

4 convicted of a felony violation of Section 11-1.20, 11-1.30,

5 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or

6 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012

7 when the victim of the offense is under 18 years of age at the

8 time of the commission of the offense and, during the

9 commission of the offense, the victim was under the influence

10 of alcohol, regardless of whether or not the alcohol was

11 supplied by the offender; and the offender, at the time of the

12 commission of the offense, knew or should have known that the

13 victim had consumed alcohol.

14 (Source: P.A. 100-1053, eff. 1-1-19; 101-173, eff. 1-1-20;

15 101-401, eff. 1-1-20; 101-417, eff. 1-1-20; revised 9-18-19.)

16 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)

17 Sec. 5-6-3. Conditions of probation and of conditional

18 discharge.

19 (a) The conditions of probation and of conditional

20 discharge shall be that the person:

21 (1) not violate any criminal statute of any

22 jurisdiction;

23 (2) report to or appear in person before such person or

24 agency as directed by the court;

25 (3) refrain from possessing a firearm or other

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1 dangerous weapon where the offense is a felony or, if a

2 misdemeanor, the offense involved the intentional or

3 knowing infliction of bodily harm or threat of bodily harm;

4 (4) not leave the State without the consent of the

5 court or, in circumstances in which the reason for the

6 absence is of such an emergency nature that prior consent

7 by the court is not possible, without the prior

8 notification and approval of the person's probation

9 officer. Transfer of a person's probation or conditional

10 discharge supervision to another state is subject to

11 acceptance by the other state pursuant to the Interstate

12 Compact for Adult Offender Supervision;

13 (5) permit the probation officer to visit him at his

14 home or elsewhere to the extent necessary to discharge his

15 duties;

16 (6) perform no less than 30 hours of community service

17 and not more than 120 hours of community service, if

18 community service is available in the jurisdiction and is

19 funded and approved by the county board where the offense

20 was committed, where the offense was related to or in

21 furtherance of the criminal activities of an organized gang

22 and was motivated by the offender's membership in or

23 allegiance to an organized gang. The community service

24 shall include, but not be limited to, the cleanup and

25 repair of any damage caused by a violation of Section

26 21-1.3 of the Criminal Code of 1961 or the Criminal Code of

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1 2012 and similar damage to property located within the

2 municipality or county in which the violation occurred.

3 When possible and reasonable, the community service should

4 be performed in the offender's neighborhood. For purposes

5 of this Section, "organized gang" has the meaning ascribed

6 to it in Section 10 of the Illinois Streetgang Terrorism

7 Omnibus Prevention Act. The court may give credit toward

8 the fulfillment of community service hours for

9 participation in activities and treatment as determined by

10 court services;

11 (7) if he or she is at least 17 years of age and has

12 been sentenced to probation or conditional discharge for a

13 misdemeanor or felony in a county of 3,000,000 or more

14 inhabitants and has not been previously convicted of a

15 misdemeanor or felony, may be required by the sentencing

16 court to attend educational courses designed to prepare the

17 defendant for a high school diploma and to work toward a

18 high school diploma or to work toward passing high school

19 equivalency testing or to work toward completing a

20 vocational training program approved by the court. The

21 person on probation or conditional discharge must attend a

22 public institution of education to obtain the educational

23 or vocational training required by this paragraph (7). The

24 court shall revoke the probation or conditional discharge

25 of a person who wilfully fails to comply with this

26 paragraph (7). The person on probation or conditional

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1 discharge shall be required to pay for the cost of the

2 educational courses or high school equivalency testing if a

3 fee is charged for those courses or testing. The court

4 shall resentence the offender whose probation or

5 conditional discharge has been revoked as provided in

6 Section 5-6-4. This paragraph (7) does not apply to a

7 person who has a high school diploma or has successfully

8 passed high school equivalency testing. This paragraph (7)

9 does not apply to a person who is determined by the court

10 to be a person with a developmental disability or otherwise

11 mentally incapable of completing the educational or

12 vocational program;

13 (8) if convicted of possession of a substance

14 prohibited by the Cannabis Control Act, the Illinois

15 Controlled Substances Act, or the Methamphetamine Control

16 and Community Protection Act after a previous conviction or

17 disposition of supervision for possession of a substance

18 prohibited by the Cannabis Control Act or Illinois

19 Controlled Substances Act or after a sentence of probation

20 under Section 10 of the Cannabis Control Act, Section 410

21 of the Illinois Controlled Substances Act, or Section 70 of

22 the Methamphetamine Control and Community Protection Act

23 and upon a finding by the court that the person is

24 addicted, undergo treatment at a substance abuse program

25 approved by the court;

26 (8.5) if convicted of a felony sex offense as defined

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1 in the Sex Offender Management Board Act, the person shall

2 undergo and successfully complete sex offender treatment

3 by a treatment provider approved by the Board and conducted

4 in conformance with the standards developed under the Sex

5 Offender Management Board Act;

6 (8.6) if convicted of a sex offense as defined in the

7 Sex Offender Management Board Act, refrain from residing at

8 the same address or in the same condominium unit or

9 apartment unit or in the same condominium complex or

10 apartment complex with another person he or she knows or

11 reasonably should know is a convicted sex offender or has

12 been placed on supervision for a sex offense; the

13 provisions of this paragraph do not apply to a person

14 convicted of a sex offense who is placed in a Department of

15 Corrections licensed transitional housing facility for sex

16 offenders;

17 (8.7) if convicted for an offense committed on or after

18 June 1, 2008 (the effective date of Public Act 95-464) that

19 would qualify the accused as a child sex offender as

20 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

21 1961 or the Criminal Code of 2012, refrain from

22 communicating with or contacting, by means of the Internet,

23 a person who is not related to the accused and whom the

24 accused reasonably believes to be under 18 years of age;

25 for purposes of this paragraph (8.7), "Internet" has the

26 meaning ascribed to it in Section 16-0.1 of the Criminal

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1 Code of 2012; and a person is not related to the accused if

2 the person is not: (i) the spouse, brother, or sister of

3 the accused; (ii) a descendant of the accused; (iii) a

4 first or second cousin of the accused; or (iv) a step-child

5 or adopted child of the accused;

6 (8.8) if convicted for an offense under Section 11-6,

7 11-9.1, 11-14.4 that involves soliciting for a juvenile

8 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21

9 of the Criminal Code of 1961 or the Criminal Code of 2012,

10 or any attempt to commit any of these offenses, committed

11 on or after June 1, 2009 (the effective date of Public Act

12 95-983):

13 (i) not access or use a computer or any other

14 device with Internet capability without the prior

15 written approval of the offender's probation officer,

16 except in connection with the offender's employment or

17 search for employment with the prior approval of the

18 offender's probation officer;

19 (ii) submit to periodic unannounced examinations

20 of the offender's computer or any other device with

21 Internet capability by the offender's probation

22 officer, a law enforcement officer, or assigned

23 computer or information technology specialist,

24 including the retrieval and copying of all data from

25 the computer or device and any internal or external

26 peripherals and removal of such information,

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1 equipment, or device to conduct a more thorough

2 inspection;

3 (iii) submit to the installation on the offender's

4 computer or device with Internet capability, at the

5 offender's expense, of one or more hardware or software

6 systems to monitor the Internet use; and

7 (iv) submit to any other appropriate restrictions

8 concerning the offender's use of or access to a

9 computer or any other device with Internet capability

10 imposed by the offender's probation officer;

11 (8.9) if convicted of a sex offense as defined in the

12 Sex Offender Registration Act committed on or after January

13 1, 2010 (the effective date of Public Act 96-262), refrain

14 from accessing or using a social networking website as

15 defined in Section 17-0.5 of the Criminal Code of 2012;

16 (9) if convicted of a felony or of any misdemeanor

17 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or

18 12-3.5 of the Criminal Code of 1961 or the Criminal Code of

19 2012 that was determined, pursuant to Section 112A-11.1 of

20 the Code of Criminal Procedure of 1963, to trigger the

21 prohibitions of 18 U.S.C. 922(g)(9), physically surrender

22 at a time and place designated by the court,~~his or her~~

23 ~~Firearm Owner's Identification Card and~~any and all

24 firearms in his or her possession~~. The Court shall return~~

25 ~~to the Department of State Police Firearm Owner's~~

26 ~~Identification Card Office the person's Firearm Owner's~~

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1 ~~Identification Card~~;

2 (10) if convicted of a sex offense as defined in

3 subsection (a-5) of Section 3-1-2 of this Code, unless the

4 offender is a parent or guardian of the person under 18

5 years of age present in the home and no non-familial minors

6 are present, not participate in a holiday event involving

7 children under 18 years of age, such as distributing candy

8 or other items to children on Halloween, wearing a Santa

9 Claus costume on or preceding Christmas, being employed as

10 a department store Santa Claus, or wearing an Easter Bunny

11 costume on or preceding Easter;

12 (11) if convicted of a sex offense as defined in

13 Section 2 of the Sex Offender Registration Act committed on

14 or after January 1, 2010 (the effective date of Public Act

15 96-362) that requires the person to register as a sex

16 offender under that Act, may not knowingly use any computer

17 scrub software on any computer that the sex offender uses;

18 (12) if convicted of a violation of the Methamphetamine

19 Control and Community Protection Act, the Methamphetamine

20 Precursor Control Act, or a methamphetamine related

21 offense:

22 (A) prohibited from purchasing, possessing, or

23 having under his or her control any product containing

24 pseudoephedrine unless prescribed by a physician; and

25 (B) prohibited from purchasing, possessing, or

26 having under his or her control any product containing

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1 ammonium nitrate; and

2 (13) if convicted of a hate crime involving the

3 protected class identified in subsection (a) of Section

4 12-7.1 of the Criminal Code of 2012 that gave rise to the

5 offense the offender committed, perform public or

6 community service of no less than 200 hours and enroll in

7 an educational program discouraging hate crimes that

8 includes racial, ethnic, and cultural sensitivity training

9 ordered by the court.

10 (b) The Court may in addition to other reasonable

11 conditions relating to the nature of the offense or the

12 rehabilitation of the defendant as determined for each

13 defendant in the proper discretion of the Court require that

14 the person:

15 (1) serve a term of periodic imprisonment under Article

16 7 for a period not to exceed that specified in paragraph

17 (d) of Section 5-7-1;

18 (2) pay a fine and costs;

19 (3) work or pursue a course of study or vocational

20 training;

21 (4) undergo medical, psychological or psychiatric

22 treatment; or treatment for drug addiction or alcoholism;

23 (5) attend or reside in a facility established for the

24 instruction or residence of defendants on probation;

25 (6) support his dependents;

26 (7) and in addition, if a minor:

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1 (i) reside with his parents or in a foster home;

2 (ii) attend school;

3 (iii) attend a non-residential program for youth;

4 (iv) contribute to his own support at home or in a

5 foster home;

6 (v) with the consent of the superintendent of the

7 facility, attend an educational program at a facility

8 other than the school in which the offense was

9 committed if he or she is convicted of a crime of

10 violence as defined in Section 2 of the Crime Victims

11 Compensation Act committed in a school, on the real

12 property comprising a school, or within 1,000 feet of

13 the real property comprising a school;

14 (8) make restitution as provided in Section 5-5-6 of

15 this Code;

16 (9) perform some reasonable public or community

17 service;

18 (10) serve a term of home confinement. In addition to

19 any other applicable condition of probation or conditional

20 discharge, the conditions of home confinement shall be that

21 the offender:

22 (i) remain within the interior premises of the

23 place designated for his confinement during the hours

24 designated by the court;

25 (ii) admit any person or agent designated by the

26 court into the offender's place of confinement at any

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1 time for purposes of verifying the offender's

2 compliance with the conditions of his confinement; and

3 (iii) if further deemed necessary by the court or

4 the Probation or Court Services Department, be placed

5 on an approved electronic monitoring device, subject

6 to Article 8A of Chapter V;

7 (iv) for persons convicted of any alcohol,

8 cannabis or controlled substance violation who are

9 placed on an approved monitoring device as a condition

10 of probation or conditional discharge, the court shall

11 impose a reasonable fee for each day of the use of the

12 device, as established by the county board in

13 subsection (g) of this Section, unless after

14 determining the inability of the offender to pay the

15 fee, the court assesses a lesser fee or no fee as the

16 case may be. This fee shall be imposed in addition to

17 the fees imposed under subsections (g) and (i) of this

18 Section. The fee shall be collected by the clerk of the

19 circuit court, except as provided in an administrative

20 order of the Chief Judge of the circuit court. The

21 clerk of the circuit court shall pay all monies

22 collected from this fee to the county treasurer for

23 deposit in the substance abuse services fund under

24 Section 5-1086.1 of the Counties Code, except as

25 provided in an administrative order of the Chief Judge

26 of the circuit court.

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1 The Chief Judge of the circuit court of the county

2 may by administrative order establish a program for

3 electronic monitoring of offenders, in which a vendor

4 supplies and monitors the operation of the electronic

5 monitoring device, and collects the fees on behalf of

6 the county. The program shall include provisions for

7 indigent offenders and the collection of unpaid fees.

8 The program shall not unduly burden the offender and

9 shall be subject to review by the Chief Judge.

10 The Chief Judge of the circuit court may suspend

11 any additional charges or fees for late payment,

12 interest, or damage to any device; and

13 (v) for persons convicted of offenses other than

14 those referenced in clause (iv) above and who are

15 placed on an approved monitoring device as a condition

16 of probation or conditional discharge, the court shall

17 impose a reasonable fee for each day of the use of the

18 device, as established by the county board in

19 subsection (g) of this Section, unless after

20 determining the inability of the defendant to pay the

21 fee, the court assesses a lesser fee or no fee as the

22 case may be. This fee shall be imposed in addition to

23 the fees imposed under subsections (g) and (i) of this

24 Section. The fee shall be collected by the clerk of the

25 circuit court, except as provided in an administrative

26 order of the Chief Judge of the circuit court. The

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1 clerk of the circuit court shall pay all monies

2 collected from this fee to the county treasurer who

3 shall use the monies collected to defray the costs of

4 corrections. The county treasurer shall deposit the

5 fee collected in the probation and court services fund.

6 The Chief Judge of the circuit court of the county may

7 by administrative order establish a program for

8 electronic monitoring of offenders, in which a vendor

9 supplies and monitors the operation of the electronic

10 monitoring device, and collects the fees on behalf of

11 the county. The program shall include provisions for

12 indigent offenders and the collection of unpaid fees.

13 The program shall not unduly burden the offender and

14 shall be subject to review by the Chief Judge.

15 The Chief Judge of the circuit court may suspend

16 any additional charges or fees for late payment,

17 interest, or damage to any device.

18 (11) comply with the terms and conditions of an order

19 of protection issued by the court pursuant to the Illinois

20 Domestic Violence Act of 1986, as now or hereafter amended,

21 or an order of protection issued by the court of another

22 state, tribe, or United States territory. A copy of the

23 order of protection shall be transmitted to the probation

24 officer or agency having responsibility for the case;

25 (12) reimburse any "local anti-crime program" as

26 defined in Section 7 of the Anti-Crime Advisory Council Act

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1 for any reasonable expenses incurred by the program on the

2 offender's case, not to exceed the maximum amount of the

3 fine authorized for the offense for which the defendant was

4 sentenced;

5 (13) contribute a reasonable sum of money, not to

6 exceed the maximum amount of the fine authorized for the

7 offense for which the defendant was sentenced, (i) to a

8 "local anti-crime program", as defined in Section 7 of the

9 Anti-Crime Advisory Council Act, or (ii) for offenses under

10 the jurisdiction of the Department of Natural Resources, to

11 the fund established by the Department of Natural Resources

12 for the purchase of evidence for investigation purposes and

13 to conduct investigations as outlined in Section 805-105 of

14 the Department of Natural Resources (Conservation) Law;

15 (14) refrain from entering into a designated

16 geographic area except upon such terms as the court finds

17 appropriate. Such terms may include consideration of the

18 purpose of the entry, the time of day, other persons

19 accompanying the defendant, and advance approval by a

20 probation officer, if the defendant has been placed on

21 probation or advance approval by the court, if the

22 defendant was placed on conditional discharge;

23 (15) refrain from having any contact, directly or

24 indirectly, with certain specified persons or particular

25 types of persons, including but not limited to members of

26 street gangs and drug users or dealers;

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1 (16) refrain from having in his or her body the

2 presence of any illicit drug prohibited by the Cannabis

3 Control Act, the Illinois Controlled Substances Act, or the

4 Methamphetamine Control and Community Protection Act,

5 unless prescribed by a physician, and submit samples of his

6 or her blood or urine or both for tests to determine the

7 presence of any illicit drug;

8 (17) if convicted for an offense committed on or after

9 June 1, 2008 (the effective date of Public Act 95-464) that

10 would qualify the accused as a child sex offender as

11 defined in Section 11-9.3 or 11-9.4 of the Criminal Code of

12 1961 or the Criminal Code of 2012, refrain from

13 communicating with or contacting, by means of the Internet,

14 a person who is related to the accused and whom the accused

15 reasonably believes to be under 18 years of age; for

16 purposes of this paragraph (17), "Internet" has the meaning

17 ascribed to it in Section 16-0.1 of the Criminal Code of

18 2012; and a person is related to the accused if the person

19 is: (i) the spouse, brother, or sister of the accused; (ii)

20 a descendant of the accused; (iii) a first or second cousin

21 of the accused; or (iv) a step-child or adopted child of

22 the accused;

23 (18) if convicted for an offense committed on or after

24 June 1, 2009 (the effective date of Public Act 95-983) that

25 would qualify as a sex offense as defined in the Sex

26 Offender Registration Act:

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1 (i) not access or use a computer or any other

2 device with Internet capability without the prior

3 written approval of the offender's probation officer,

4 except in connection with the offender's employment or

5 search for employment with the prior approval of the

6 offender's probation officer;

7 (ii) submit to periodic unannounced examinations

8 of the offender's computer or any other device with

9 Internet capability by the offender's probation

10 officer, a law enforcement officer, or assigned

11 computer or information technology specialist,

12 including the retrieval and copying of all data from

13 the computer or device and any internal or external

14 peripherals and removal of such information,

15 equipment, or device to conduct a more thorough

16 inspection;

17 (iii) submit to the installation on the offender's

18 computer or device with Internet capability, at the

19 subject's expense, of one or more hardware or software

20 systems to monitor the Internet use; and

21 (iv) submit to any other appropriate restrictions

22 concerning the offender's use of or access to a

23 computer or any other device with Internet capability

24 imposed by the offender's probation officer; and

25 (19) refrain from possessing a firearm or other

26 dangerous weapon where the offense is a misdemeanor that

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1 did not involve the intentional or knowing infliction of

2 bodily harm or threat of bodily harm.

3 (c) The court may as a condition of probation or of

4 conditional discharge require that a person under 18 years of

5 age found guilty of any alcohol, cannabis or controlled

6 substance violation, refrain from acquiring a driver's license

7 during the period of probation or conditional discharge. If

8 such person is in possession of a permit or license, the court

9 may require that the minor refrain from driving or operating

10 any motor vehicle during the period of probation or conditional

11 discharge, except as may be necessary in the course of the

12 minor's lawful employment.

13 (d) An offender sentenced to probation or to conditional

14 discharge shall be given a certificate setting forth the

15 conditions thereof.

16 (e) Except where the offender has committed a fourth or

17 subsequent violation of subsection (c) of Section 6-303 of the

18 Illinois Vehicle Code, the court shall not require as a

19 condition of the sentence of probation or conditional discharge

20 that the offender be committed to a period of imprisonment in

21 excess of 6 months. This 6-month limit shall not include

22 periods of confinement given pursuant to a sentence of county

23 impact incarceration under Section 5-8-1.2.

24 Persons committed to imprisonment as a condition of

25 probation or conditional discharge shall not be committed to

26 the Department of Corrections.

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1 (f) The court may combine a sentence of periodic

2 imprisonment under Article 7 or a sentence to a county impact

3 incarceration program under Article 8 with a sentence of

4 probation or conditional discharge.

5 (g) An offender sentenced to probation or to conditional

6 discharge and who during the term of either undergoes mandatory

7 drug or alcohol testing, or both, or is assigned to be placed

8 on an approved electronic monitoring device, shall be ordered

9 to pay all costs incidental to such mandatory drug or alcohol

10 testing, or both, and all costs incidental to such approved

11 electronic monitoring in accordance with the defendant's

12 ability to pay those costs. The county board with the

13 concurrence of the Chief Judge of the judicial circuit in which

14 the county is located shall establish reasonable fees for the

15 cost of maintenance, testing, and incidental expenses related

16 to the mandatory drug or alcohol testing, or both, and all

17 costs incidental to approved electronic monitoring, involved

18 in a successful probation program for the county. The

19 concurrence of the Chief Judge shall be in the form of an

20 administrative order. The fees shall be collected by the clerk

21 of the circuit court, except as provided in an administrative

22 order of the Chief Judge of the circuit court. The clerk of the

23 circuit court shall pay all moneys collected from these fees to

24 the county treasurer who shall use the moneys collected to

25 defray the costs of drug testing, alcohol testing, and

26 electronic monitoring. The county treasurer shall deposit the

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1 fees collected in the county working cash fund under Section

2 6-27001 or Section 6-29002 of the Counties Code, as the case

3 may be. The Chief Judge of the circuit court of the county may

4 by administrative order establish a program for electronic

5 monitoring of offenders, in which a vendor supplies and

6 monitors the operation of the electronic monitoring device, and

7 collects the fees on behalf of the county. The program shall

8 include provisions for indigent offenders and the collection of

9 unpaid fees. The program shall not unduly burden the offender

10 and shall be subject to review by the Chief Judge.

11 The Chief Judge of the circuit court may suspend any

12 additional charges or fees for late payment, interest, or

13 damage to any device.

14 (h) Jurisdiction over an offender may be transferred from

15 the sentencing court to the court of another circuit with the

16 concurrence of both courts. Further transfers or retransfers of

17 jurisdiction are also authorized in the same manner. The court

18 to which jurisdiction has been transferred shall have the same

19 powers as the sentencing court. The probation department within

20 the circuit to which jurisdiction has been transferred, or

21 which has agreed to provide supervision, may impose probation

22 fees upon receiving the transferred offender, as provided in

23 subsection (i). For all transfer cases, as defined in Section

24 9b of the Probation and Probation Officers Act, the probation

25 department from the original sentencing court shall retain all

26 probation fees collected prior to the transfer. After the

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1 transfer, all probation fees shall be paid to the probation

2 department within the circuit to which jurisdiction has been

3 transferred.

4 (i) The court shall impose upon an offender sentenced to

5 probation after January 1, 1989 or to conditional discharge

6 after January 1, 1992 or to community service under the

7 supervision of a probation or court services department after

8 January 1, 2004, as a condition of such probation or

9 conditional discharge or supervised community service, a fee of

10 $50 for each month of probation or conditional discharge

11 supervision or supervised community service ordered by the

12 court, unless after determining the inability of the person

13 sentenced to probation or conditional discharge or supervised

14 community service to pay the fee, the court assesses a lesser

15 fee. The court may not impose the fee on a minor who is placed

16 in the guardianship or custody of the Department of Children

17 and Family Services under the Juvenile Court Act of 1987 while

18 the minor is in placement. The fee shall be imposed only upon

19 an offender who is actively supervised by the probation and

20 court services department. The fee shall be collected by the

21 clerk of the circuit court. The clerk of the circuit court

22 shall pay all monies collected from this fee to the county

23 treasurer for deposit in the probation and court services fund

24 under Section 15.1 of the Probation and Probation Officers Act.

25 A circuit court may not impose a probation fee under this

26 subsection (i) in excess of $25 per month unless the circuit

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1 court has adopted, by administrative order issued by the chief

2 judge, a standard probation fee guide determining an offender's

3 ability to pay.Of the amount collected as a probation fee, up

4 to $5 of that fee collected per month may be used to provide

5 services to crime victims and their families.

6 The Court may only waive probation fees based on an

7 offender's ability to pay. The probation department may

8 re-evaluate an offender's ability to pay every 6 months, and,

9 with the approval of the Director of Court Services or the

10 Chief Probation Officer, adjust the monthly fee amount. An

11 offender may elect to pay probation fees due in a lump sum. Any

12 offender that has been assigned to the supervision of a

13 probation department, or has been transferred either under

14 subsection (h) of this Section or under any interstate compact,

15 shall be required to pay probation fees to the department

16 supervising the offender, based on the offender's ability to

17 pay.

18 Public Act 93-970 deletes the $10 increase in the fee under

19 this subsection that was imposed by Public Act 93-616. This

20 deletion is intended to control over any other Act of the 93rd

21 General Assembly that retains or incorporates that fee

22 increase.

23 (i-5) In addition to the fees imposed under subsection (i)

24 of this Section, in the case of an offender convicted of a

25 felony sex offense (as defined in the Sex Offender Management

26 Board Act) or an offense that the court or probation department

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1 has determined to be sexually motivated (as defined in the Sex

2 Offender Management Board Act), the court or the probation

3 department shall assess additional fees to pay for all costs of

4 treatment, assessment, evaluation for risk and treatment, and

5 monitoring the offender, based on that offender's ability to

6 pay those costs either as they occur or under a payment plan.

7 (j) All fines and costs imposed under this Section for any

8 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

9 Code, or a similar provision of a local ordinance, and any

10 violation of the Child Passenger Protection Act, or a similar

11 provision of a local ordinance, shall be collected and

12 disbursed by the circuit clerk as provided under the Criminal

13 and Traffic Assessment Act.

14 (k) Any offender who is sentenced to probation or

15 conditional discharge for a felony sex offense as defined in

16 the Sex Offender Management Board Act or any offense that the

17 court or probation department has determined to be sexually

18 motivated as defined in the Sex Offender Management Board Act

19 shall be required to refrain from any contact, directly or

20 indirectly, with any persons specified by the court and shall

21 be available for all evaluations and treatment programs

22 required by the court or the probation department.

23 (l) The court may order an offender who is sentenced to

24 probation or conditional discharge for a violation of an order

25 of protection be placed under electronic surveillance as

26 provided in Section 5-8A-7 of this Code.

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1 (Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;

2 100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.

3 1-8-18; 100-987, eff. 7-1-19; revised 7-12-19.)

4 Section 100. The Stalking No Contact Order Act is amended

5 by changing Section 80 as follows:

6 (740 ILCS 21/80)

7 Sec. 80. Stalking no contact orders; remedies.

8 (a) If the court finds that the petitioner has been a

9 victim of stalking, a stalking no contact order shall issue;

10 provided that the petitioner must also satisfy the requirements

11 of Section 95 on emergency orders or Section 100 on plenary

12 orders. The petitioner shall not be denied a stalking no

13 contact order because the petitioner or the respondent is a

14 minor. The court, when determining whether or not to issue a

15 stalking no contact order, may not require physical injury on

16 the person of the petitioner. Modification and extension of

17 prior stalking no contact orders shall be in accordance with

18 this Act.

19 (b) A stalking no contact order shall order one or more of

20 the following:

21 (1) prohibit the respondent from threatening to commit

22 or committing stalking;

23 (2) order the respondent not to have any contact with

24 the petitioner or a third person specifically named by the

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1 court;

2 (3) prohibit the respondent from knowingly coming

3 within, or knowingly remaining within a specified distance

4 of the petitioner or the petitioner's residence, school,

5 daycare, or place of employment, or any specified place

6 frequented by the petitioner; however, the court may order

7 the respondent to stay away from the respondent's own

8 residence, school, or place of employment only if the

9 respondent has been provided actual notice of the

10 opportunity to appear and be heard on the petition;

11 (4) prohibit the respondent from ~~possessing a Firearm~~

12 ~~Owners Identification Card, or~~ possessing or buying

13 firearms; and

14 (5) order other injunctive relief the court determines

15 to be necessary to protect the petitioner or third party

16 specifically named by the court.

17 (b-5) When the petitioner and the respondent attend the

18 same public, private, or non-public elementary, middle, or high

19 school, the court when issuing a stalking no contact order and

20 providing relief shall consider the severity of the act, any

21 continuing physical danger or emotional distress to the

22 petitioner, the educational rights guaranteed to the

23 petitioner and respondent under federal and State law, the

24 availability of a transfer of the respondent to another school,

25 a change of placement or a change of program of the respondent,

26 the expense, difficulty, and educational disruption that would

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1 be caused by a transfer of the respondent to another school,

2 and any other relevant facts of the case. The court may order

3 that the respondent not attend the public, private, or

4 non-public elementary, middle, or high school attended by the

5 petitioner, order that the respondent accept a change of

6 placement or program, as determined by the school district or

7 private or non-public school, or place restrictions on the

8 respondent's movements within the school attended by the

9 petitioner. The respondent bears the burden of proving by a

10 preponderance of the evidence that a transfer, change of

11 placement, or change of program of the respondent is not

12 available. The respondent also bears the burden of production

13 with respect to the expense, difficulty, and educational

14 disruption that would be caused by a transfer of the respondent

15 to another school. A transfer, change of placement, or change

16 of program is not unavailable to the respondent solely on the

17 ground that the respondent does not agree with the school

18 district's or private or non-public school's transfer, change

19 of placement, or change of program or solely on the ground that

20 the respondent fails or refuses to consent to or otherwise does

21 not take an action required to effectuate a transfer, change of

22 placement, or change of program. When a court orders a

23 respondent to stay away from the public, private, or non-public

24 school attended by the petitioner and the respondent requests a

25 transfer to another attendance center within the respondent's

26 school district or private or non-public school, the school

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1 district or private or non-public school shall have sole

2 discretion to determine the attendance center to which the

3 respondent is transferred. In the event the court order results

4 in a transfer of the minor respondent to another attendance

5 center, a change in the respondent's placement, or a change of

6 the respondent's program, the parents, guardian, or legal

7 custodian of the respondent is responsible for transportation

8 and other costs associated with the transfer or change.

9 (b-6) The court may order the parents, guardian, or legal

10 custodian of a minor respondent to take certain actions or to

11 refrain from taking certain actions to ensure that the

12 respondent complies with the order. In the event the court

13 orders a transfer of the respondent to another school, the

14 parents, guardian, or legal custodian of the respondent are

15 responsible for transportation and other costs associated with

16 the change of school by the respondent.

17 (b-7) The court shall not hold a school district or private

18 or non-public school or any of its employees in civil or

19 criminal contempt unless the school district or private or

20 non-public school has been allowed to intervene.

21 (b-8) The court may hold the parents, guardian, or legal

22 custodian of a minor respondent in civil or criminal contempt

23 for a violation of any provision of any order entered under

24 this Act for conduct of the minor respondent in violation of

25 this Act if the parents, guardian, or legal custodian directed,

26 encouraged, or assisted the respondent minor in such conduct.

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1 (c) The court may award the petitioner costs and attorneys

2 fees if a stalking no contact order is granted.

3 (d) Monetary damages are not recoverable as a remedy.

4 (e) If the stalking no contact order prohibits the

5 respondent from ~~possessing a Firearm Owner's Identification~~

6 ~~Card, or~~ possessing or buying firearms; the court shall

7 confiscate the respondent's firearms ~~Firearm Owner's~~

8 ~~Identification Card and immediately return the card to the~~

9 ~~Department of State Police Firearm Owner's Identification Card~~

10 ~~Office~~.

11 (Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12;

12 97-1131, eff. 1-1-13.)

13 Section 105. The Mental Health and Developmental

14 Disabilities Confidentiality Act is amended by changing

15 Section 12 as follows:

16 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)

17 Sec. 12. (a) If the United States Secret Service or the

18 Department of State Police requests information from a mental

19 health or developmental disability facility, as defined in

20 Section 1-107 and 1-114 of the Mental Health and Developmental

21 Disabilities Code, relating to a specific recipient and the

22 facility director determines that disclosure of such

23 information may be necessary to protect the life of, or to

24 prevent the infliction of great bodily harm to, a public

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1 official, or a person under the protection of the United States

2 Secret Service, only the following information may be

3 disclosed: the recipient's name, address, and age and the date

4 of any admission to or discharge from a facility; and any

5 information which would indicate whether or not the recipient

6 has a history of violence or presents a danger of violence to

7 the person under protection. Any information so disclosed shall

8 be used for investigative purposes only and shall not be

9 publicly disseminated. Any person participating in good faith

10 in the disclosure of such information in accordance with this

11 provision shall have immunity from any liability, civil,

12 criminal or otherwise, if such information is disclosed relying

13 upon the representation of an officer of the United States

14 Secret Service or the Department of State Police that a person

15 is under the protection of the United States Secret Service or

16 is a public official.

17 For the purpose of this subsection (a), the term "public

18 official" means the Governor, Lieutenant Governor, Attorney

19 General, Secretary of State, State Comptroller, State

20 Treasurer, member of the General Assembly, member of the United

21 States Congress, Judge of the United States as defined in 28

22 U.S.C. 451, Justice of the United States as defined in 28

23 U.S.C. 451, United States Magistrate Judge as defined in 28

24 U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or

25 Supreme, Appellate, Circuit, or Associate Judge of the State of

26 Illinois. The term shall also include the spouse, child or

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1 children of a public official.

2 (b) The Department of Human Services (acting as successor

3 to the Department of Mental Health and Developmental

4 Disabilities) and all public or private hospitals and mental

5 health facilities are required, as hereafter described in this

6 subsection, to furnish the Department of State Police only such

7 information as may be required for the sole purpose of

8 determining whether an individual who may be or may have been a

9 patient is disqualified because of that status from receiving

10 or retaining a firearm under paragraph (4) of subsection (a) of

11 Section 24-3.1 of the Criminal Code of 2012 ~~Firearm Owner's~~

12 ~~Identification Card or falls within the federal prohibitors~~

13 ~~under subsection (e), (f), (g), (r), (s), or (t) of Section 8~~

14 ~~of the Firearm Owners Identification Card Act~~, or falls within

15 the federal prohibitors in 18 U.S.C. 922(g) and (n). All

16 physicians, clinical psychologists, or qualified examiners at

17 public or private mental health facilities or parts thereof as

18 defined in this subsection shall, in the form and manner

19 required by the Department, provide notice directly to the

20 Department of Human Services, or to his or her employer who

21 shall then report to the Department, within 24 hours after

22 determining that a person poses a clear and present danger to

23 himself, herself, or others, or within 7 days after a person 14

24 years or older is determined to be a person with a

25 developmental disability by a physician, clinical

26 psychologist, or qualified examiner as described in this

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1 subsection (b) ~~Section 1.1 of the Firearm Owners Identification~~

2 ~~Card Act~~. If a person is a patient as described in clause

3 (2)(A) ~~(1)~~ of the definition of "patient" in (2)(A) ~~Section 1.1~~

4 ~~of the Firearm Owners Identification Card Act~~, this information

5 shall be furnished within 7 days after admission to a public or

6 private hospital or mental health facility or the provision of

7 services. Any such information disclosed under this subsection

8 shall remain privileged and confidential, and shall not be

9 redisclosed, except as required by clause (e)(2) of Section

10 24-4.5 of the Criminal Code of 2012 ~~subsection (e) of Section~~

11 ~~3.1 of the Firearm Owners Identification Card Act~~, nor utilized

12 for any other purpose. The method of requiring the providing of

13 such information shall guarantee that no information is

14 released beyond what is necessary for this purpose. In

15 addition, the information disclosed shall be provided by the

16 Department within the time period established by Section 24-3

17 of the Criminal Code of 2012 regarding the delivery of

18 firearms. The method used shall be sufficient to provide the

19 necessary information within the prescribed time period, which

20 may include periodically providing lists to the Department of

21 Human Services or any public or private hospital or mental

22 health facility of ~~Firearm Owner's Identification Card~~

23 applicants for firearm purchaseson which the Department or

24 hospital shall indicate the identities of those individuals who

25 are to its knowledge disqualified from having a firearm ~~Firearm~~

26 ~~Owner's Identification Card~~ for reasons described herein. The

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1 Department may provide for a centralized source of information

2 for the State on this subject under its jurisdiction. The

3 identity of the person reporting under this subsection shall

4 not be disclosed to the subject of the report. For the purposes

5 of this subsection, the physician, clinical psychologist, or

6 qualified examiner making the determination and his or her

7 employer shall not be held criminally, civilly, or

8 professionally liable for making or not making the notification

9 required under this subsection, except for willful or wanton

10 misconduct.

11 Any person, institution, or agency, under this Act,

12 participating in good faith in the reporting or disclosure of

13 records and communications otherwise in accordance with this

14 provision or with rules, regulations or guidelines issued by

15 the Department shall have immunity from any liability, civil,

16 criminal or otherwise, that might result by reason of the

17 action. For the purpose of any proceeding, civil or criminal,

18 arising out of a report or disclosure in accordance with this

19 provision, the good faith of any person, institution, or agency

20 so reporting or disclosing shall be presumed. The full extent

21 of the immunity provided in this subsection (b) shall apply to

22 any person, institution or agency that fails to make a report

23 or disclosure in the good faith belief that the report or

24 disclosure would violate federal regulations governing the

25 confidentiality of alcohol and drug abuse patient records

26 implementing 42 U.S.C. 290dd-3 and 290ee-3.

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1 For purposes of this subsection (b) only, the following

2 terms shall have the meaning prescribed:

3 (1) (Blank).

4 (1.3) "Clear and present danger" has the meaning as

5 defined in Section 6-103.3 of the Mental Health and

6 Developmental Disabilities Code ~~1.1 of the Firearm Owners~~

7 ~~Identification Card Act~~.

8 (1.5) "Person with a developmental disability" has the

9 meaning as defined in Section 6-103.3 of the Mental Health

10 and Developmental Disabilities Code ~~1.1 of the Firearm~~

11 ~~Owners Identification Card Act~~.

12 (2) "Patient" means (A) a person who voluntarily

13 receives mental health treatment as an in-patient or

14 resident of any public or private mental health facility,

15 unless the treatment was solely for an alcohol abuse

16 disorder and no other secondary substance abuse disorder or

17 mental illness; or (B) a person who voluntarily receives

18 mental health treatment as an out-patient or is provided

19 services by a public or private mental health facility, and

20 who poses a clear and present danger to himself, herself,

21 or to others ~~has the meaning as defined in Section 1.1 of~~

22 ~~the Firearm Owners Identification Card Act~~.

23 (3) "Mental health facility" means any licensed

24 private hospital or hospital affiliate, institution, or

25 facility, or part thereof, and any facility, or part

26 thereof, operated by the State or a political subdivision

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1 thereof which provide treatment of persons with mental

2 illness and includes all hospitals, institutions, clinics,

3 evaluation facilities, mental health centers, colleges,

4 universities, long-term care facilities, and nursing

5 homes, or parts thereof, which provide treatment of persons

6 with mental illness whether or not the primary purpose is

7 to provide treatment of persons with mental illness ~~has the~~

8 ~~meaning as defined in Section 1.1 of the Firearm Owners~~

9 ~~Identification Card Act~~.

10 (c) Upon the request of a peace officer who takes a person

11 into custody and transports such person to a mental health or

12 developmental disability facility pursuant to Section 3-606 or

13 4-404 of the Mental Health and Developmental Disabilities Code

14 or who transports a person from such facility, a facility

15 director shall furnish said peace officer the name, address,

16 age and name of the nearest relative of the person transported

17 to or from the mental health or developmental disability

18 facility. In no case shall the facility director disclose to

19 the peace officer any information relating to the diagnosis,

20 treatment or evaluation of the person's mental or physical

21 health.

22 For the purposes of this subsection (c), the terms "mental

23 health or developmental disability facility", "peace officer"

24 and "facility director" shall have the meanings ascribed to

25 them in the Mental Health and Developmental Disabilities Code.

26 (d) Upon the request of a peace officer or prosecuting

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1 authority who is conducting a bona fide investigation of a

2 criminal offense, or attempting to apprehend a fugitive from

3 justice, a facility director may disclose whether a person is

4 present at the facility. Upon request of a peace officer or

5 prosecuting authority who has a valid forcible felony warrant

6 issued, a facility director shall disclose: (1) whether the

7 person who is the subject of the warrant is present at the

8 facility and (2) the date of that person's discharge or future

9 discharge from the facility. The requesting peace officer or

10 prosecuting authority must furnish a case number and the

11 purpose of the investigation or an outstanding arrest warrant

12 at the time of the request. Any person, institution, or agency

13 participating in good faith in disclosing such information in

14 accordance with this subsection (d) is immune from any

15 liability, civil, criminal or otherwise, that might result by

16 reason of the action.

17 (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,

18 eff. 7-27-15; 99-642, eff. 7-28-16.)

19 Section 110. The Illinois Domestic Violence Act of 1986 is

20 amended by changing Sections 210 and 214 as follows:

21 (750 ILCS 60/210) (from Ch. 40, par. 2312-10)

22 Sec. 210. Process.

23 (a) Summons. Any action for an order of protection, whether

24 commenced alone or in conjunction with another proceeding, is a

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1 distinct cause of action and requires that a separate summons

2 be issued and served, except that in pending cases the

3 following methods may be used:

4 (1) By delivery of the summons to respondent personally

5 in open court in pending civil or criminal cases.

6 (2) By notice in accordance with Section 210.1 in civil

7 cases in which the defendant has filed a general

8 appearance.

9 The summons shall be in the form prescribed by Supreme

10 Court Rule 101(d), except that it shall require respondent to

11 answer or appear within 7 days. Attachments to the summons or

12 notice shall include the petition for order of protection and

13 supporting affidavits, if any, and any emergency order of

14 protection that has been issued. The enforcement of an order of

15 protection under Section 223 shall not be affected by the lack

16 of service, delivery, or notice, provided the requirements of

17 subsection (d) of that Section are otherwise met.

18 (b) Blank.

19 (c) Expedited service. The summons shall be served by the

20 sheriff or other law enforcement officer at the earliest time

21 and shall take precedence over other summonses except those of

22 a similar emergency nature. Special process servers may be

23 appointed at any time, and their designation shall not affect

24 the responsibilities and authority of the sheriff or other

25 official process servers. In counties with a population over

26 3,000,000, a special process server may not be appointed if the

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1 order of protection grants the surrender of a child, the

2 surrender of a firearm ~~or firearm owners identification card~~,

3 or the exclusive possession of a shared residence.

4 (d) Remedies requiring actual notice. The counseling,

5 payment of support, payment of shelter services, and payment of

6 losses remedies provided by paragraphs 4, 12, 13, and 16 of

7 subsection (b) of Section 214 may be granted only if respondent

8 has been personally served with process, has answered or has

9 made a general appearance.

10 (e) Remedies upon constructive notice. Service of process

11 on a member of respondent's household or by publication shall

12 be adequate for the remedies provided by paragraphs 1, 2, 3, 5,

13 6, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section

14 214, but only if: (i) petitioner has made all reasonable

15 efforts to accomplish actual service of process personally upon

16 respondent, but respondent cannot be found to effect such

17 service and (ii) petitioner files an affidavit or presents

18 sworn testimony as to those efforts.

19 (f) Default. A plenary order of protection may be entered

20 by default as follows:

21 (1) For any of the remedies sought in the petition, if

22 respondent has been served or given notice in accordance

23 with subsection (a) and if respondent then fails to appear

24 as directed or fails to appear on any subsequent appearance

25 or hearing date agreed to by the parties or set by the

26 court; or

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1 (2) For any of the remedies provided in accordance with

2 subsection (e), if respondent fails to answer or appear in

3 accordance with the date set in the publication notice or

4 the return date indicated on the service of a household

5 member.

6 (g) Emergency orders. If an order is granted under

7 subsection (c) of Section 217, the court shall immediately file

8 a certified copy of the order with the sheriff or other law

9 enforcement official charged with maintaining Department of

10 State Police records.

11 (Source: P.A. 101-508, eff. 1-1-20.)

12 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)

13 Sec. 214. Order of protection; remedies.

14 (a) Issuance of order. If the court finds that petitioner

15 has been abused by a family or household member or that

16 petitioner is a high-risk adult who has been abused, neglected,

17 or exploited, as defined in this Act, an order of protection

18 prohibiting the abuse, neglect, or exploitation shall issue;

19 provided that petitioner must also satisfy the requirements of

20 one of the following Sections, as appropriate: Section 217 on

21 emergency orders, Section 218 on interim orders, or Section 219

22 on plenary orders. Petitioner shall not be denied an order of

23 protection because petitioner or respondent is a minor. The

24 court, when determining whether or not to issue an order of

25 protection, shall not require physical manifestations of abuse

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1 on the person of the victim. Modification and extension of

2 prior orders of protection shall be in accordance with this

3 Act.

4 (b) Remedies and standards. The remedies to be included in

5 an order of protection shall be determined in accordance with

6 this Section and one of the following Sections, as appropriate:

7 Section 217 on emergency orders, Section 218 on interim orders,

8 and Section 219 on plenary orders. The remedies listed in this

9 subsection shall be in addition to other civil or criminal

10 remedies available to petitioner.

11 (1) Prohibition of abuse, neglect, or exploitation.

12 Prohibit respondent's harassment, interference with

13 personal liberty, intimidation of a dependent, physical

14 abuse, or willful deprivation, neglect or exploitation, as

15 defined in this Act, or stalking of the petitioner, as

16 defined in Section 12-7.3 of the Criminal Code of 2012, if

17 such abuse, neglect, exploitation, or stalking has

18 occurred or otherwise appears likely to occur if not

19 prohibited.

20 (2) Grant of exclusive possession of residence.

21 Prohibit respondent from entering or remaining in any

22 residence, household, or premises of the petitioner,

23 including one owned or leased by respondent, if petitioner

24 has a right to occupancy thereof. The grant of exclusive

25 possession of the residence, household, or premises shall

26 not affect title to real property, nor shall the court be

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1 limited by the standard set forth in subsection (c-2) of

2 Section 501 of the Illinois Marriage and Dissolution of

3 Marriage Act.

4 (A) Right to occupancy. A party has a right to

5 occupancy of a residence or household if it is solely

6 or jointly owned or leased by that party, that party's

7 spouse, a person with a legal duty to support that

8 party or a minor child in that party's care, or by any

9 person or entity other than the opposing party that

10 authorizes that party's occupancy (e.g., a domestic

11 violence shelter). Standards set forth in subparagraph

12 (B) shall not preclude equitable relief.

13 (B) Presumption of hardships. If petitioner and

14 respondent each has the right to occupancy of a

15 residence or household, the court shall balance (i) the

16 hardships to respondent and any minor child or

17 dependent adult in respondent's care resulting from

18 entry of this remedy with (ii) the hardships to

19 petitioner and any minor child or dependent adult in

20 petitioner's care resulting from continued exposure to

21 the risk of abuse (should petitioner remain at the

22 residence or household) or from loss of possession of

23 the residence or household (should petitioner leave to

24 avoid the risk of abuse). When determining the balance

25 of hardships, the court shall also take into account

26 the accessibility of the residence or household.

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1 Hardships need not be balanced if respondent does not

2 have a right to occupancy.

3 The balance of hardships is presumed to favor

4 possession by petitioner unless the presumption is

5 rebutted by a preponderance of the evidence, showing

6 that the hardships to respondent substantially

7 outweigh the hardships to petitioner and any minor

8 child or dependent adult in petitioner's care. The

9 court, on the request of petitioner or on its own

10 motion, may order respondent to provide suitable,

11 accessible, alternate housing for petitioner instead

12 of excluding respondent from a mutual residence or

13 household.

14 (3) Stay away order and additional prohibitions. Order

15 respondent to stay away from petitioner or any other person

16 protected by the order of protection, or prohibit

17 respondent from entering or remaining present at

18 petitioner's school, place of employment, or other

19 specified places at times when petitioner is present, or

20 both, if reasonable, given the balance of hardships.

21 Hardships need not be balanced for the court to enter a

22 stay away order or prohibit entry if respondent has no

23 right to enter the premises.

24 (A) If an order of protection grants petitioner

25 exclusive possession of the residence, or prohibits

26 respondent from entering the residence, or orders

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1 respondent to stay away from petitioner or other

2 protected persons, then the court may allow respondent

3 access to the residence to remove items of clothing and

4 personal adornment used exclusively by respondent,

5 medications, and other items as the court directs. The

6 right to access shall be exercised on only one occasion

7 as the court directs and in the presence of an

8 agreed-upon adult third party or law enforcement

9 officer.

10 (B) When the petitioner and the respondent attend

11 the same public, private, or non-public elementary,

12 middle, or high school, the court when issuing an order

13 of protection and providing relief shall consider the

14 severity of the act, any continuing physical danger or

15 emotional distress to the petitioner, the educational

16 rights guaranteed to the petitioner and respondent

17 under federal and State law, the availability of a

18 transfer of the respondent to another school, a change

19 of placement or a change of program of the respondent,

20 the expense, difficulty, and educational disruption

21 that would be caused by a transfer of the respondent to

22 another school, and any other relevant facts of the

23 case. The court may order that the respondent not

24 attend the public, private, or non-public elementary,

25 middle, or high school attended by the petitioner,

26 order that the respondent accept a change of placement

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1 or change of program, as determined by the school

2 district or private or non-public school, or place

3 restrictions on the respondent's movements within the

4 school attended by the petitioner. The respondent

5 bears the burden of proving by a preponderance of the

6 evidence that a transfer, change of placement, or

7 change of program of the respondent is not available.

8 The respondent also bears the burden of production with

9 respect to the expense, difficulty, and educational

10 disruption that would be caused by a transfer of the

11 respondent to another school. A transfer, change of

12 placement, or change of program is not unavailable to

13 the respondent solely on the ground that the respondent

14 does not agree with the school district's or private or

15 non-public school's transfer, change of placement, or

16 change of program or solely on the ground that the

17 respondent fails or refuses to consent or otherwise

18 does not take an action required to effectuate a

19 transfer, change of placement, or change of program.

20 When a court orders a respondent to stay away from the

21 public, private, or non-public school attended by the

22 petitioner and the respondent requests a transfer to

23 another attendance center within the respondent's

24 school district or private or non-public school, the

25 school district or private or non-public school shall

26 have sole discretion to determine the attendance

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1 center to which the respondent is transferred. In the

2 event the court order results in a transfer of the

3 minor respondent to another attendance center, a

4 change in the respondent's placement, or a change of

5 the respondent's program, the parents, guardian, or

6 legal custodian of the respondent is responsible for

7 transportation and other costs associated with the

8 transfer or change.

9 (C) The court may order the parents, guardian, or

10 legal custodian of a minor respondent to take certain

11 actions or to refrain from taking certain actions to

12 ensure that the respondent complies with the order. In

13 the event the court orders a transfer of the respondent

14 to another school, the parents, guardian, or legal

15 custodian of the respondent is responsible for

16 transportation and other costs associated with the

17 change of school by the respondent.

18 (4) Counseling. Require or recommend the respondent to

19 undergo counseling for a specified duration with a social

20 worker, psychologist, clinical psychologist, psychiatrist,

21 family service agency, alcohol or substance abuse program,

22 mental health center guidance counselor, agency providing

23 services to elders, program designed for domestic violence

24 abusers or any other guidance service the court deems

25 appropriate. The Court may order the respondent in any

26 intimate partner relationship to report to an Illinois

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1 Department of Human Services protocol approved partner

2 abuse intervention program for an assessment and to follow

3 all recommended treatment.

4 (5) Physical care and possession of the minor child. In

5 order to protect the minor child from abuse, neglect, or

6 unwarranted separation from the person who has been the

7 minor child's primary caretaker, or to otherwise protect

8 the well-being of the minor child, the court may do either

9 or both of the following: (i) grant petitioner physical

10 care or possession of the minor child, or both, or (ii)

11 order respondent to return a minor child to, or not remove

12 a minor child from, the physical care of a parent or person

13 in loco parentis.

14 If a court finds, after a hearing, that respondent has

15 committed abuse (as defined in Section 103) of a minor

16 child, there shall be a rebuttable presumption that

17 awarding physical care to respondent would not be in the

18 minor child's best interest.

19 (6) Temporary allocation of parental responsibilities:

20 significant decision-making. Award temporary

21 decision-making responsibility to petitioner in accordance

22 with this Section, the Illinois Marriage and Dissolution of

23 Marriage Act, the Illinois Parentage Act of 2015, and this

24 State's Uniform Child-Custody Jurisdiction and Enforcement

25 Act.

26 If a court finds, after a hearing, that respondent has

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1 committed abuse (as defined in Section 103) of a minor

2 child, there shall be a rebuttable presumption that

3 awarding temporary significant decision-making

4 responsibility to respondent would not be in the child's

5 best interest.

6 (7) Parenting time. Determine the parenting time, if

7 any, of respondent in any case in which the court awards

8 physical care or allocates temporary significant

9 decision-making responsibility of a minor child to

10 petitioner. The court shall restrict or deny respondent's

11 parenting time with a minor child if the court finds that

12 respondent has done or is likely to do any of the

13 following: (i) abuse or endanger the minor child during

14 parenting time; (ii) use the parenting time as an

15 opportunity to abuse or harass petitioner or petitioner's

16 family or household members; (iii) improperly conceal or

17 detain the minor child; or (iv) otherwise act in a manner

18 that is not in the best interests of the minor child. The

19 court shall not be limited by the standards set forth in

20 Section 603.10 of the Illinois Marriage and Dissolution of

21 Marriage Act. If the court grants parenting time, the order

22 shall specify dates and times for the parenting time to

23 take place or other specific parameters or conditions that

24 are appropriate. No order for parenting time shall refer

25 merely to the term "reasonable parenting time".

26 Petitioner may deny respondent access to the minor

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1 child if, when respondent arrives for parenting time,

2 respondent is under the influence of drugs or alcohol and

3 constitutes a threat to the safety and well-being of

4 petitioner or petitioner's minor children or is behaving in

5 a violent or abusive manner.

6 If necessary to protect any member of petitioner's

7 family or household from future abuse, respondent shall be

8 prohibited from coming to petitioner's residence to meet

9 the minor child for parenting time, and the parties shall

10 submit to the court their recommendations for reasonable

11 alternative arrangements for parenting time. A person may

12 be approved to supervise parenting time only after filing

13 an affidavit accepting that responsibility and

14 acknowledging accountability to the court.

15 (8) Removal or concealment of minor child. Prohibit

16 respondent from removing a minor child from the State or

17 concealing the child within the State.

18 (9) Order to appear. Order the respondent to appear in

19 court, alone or with a minor child, to prevent abuse,

20 neglect, removal or concealment of the child, to return the

21 child to the custody or care of the petitioner or to permit

22 any court-ordered interview or examination of the child or

23 the respondent.

24 (10) Possession of personal property. Grant petitioner

25 exclusive possession of personal property and, if

26 respondent has possession or control, direct respondent to

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1 promptly make it available to petitioner, if:

2 (i) petitioner, but not respondent, owns the

3 property; or

4 (ii) the parties own the property jointly; sharing

5 it would risk abuse of petitioner by respondent or is

6 impracticable; and the balance of hardships favors

7 temporary possession by petitioner.

8 If petitioner's sole claim to ownership of the property

9 is that it is marital property, the court may award

10 petitioner temporary possession thereof under the

11 standards of subparagraph (ii) of this paragraph only if a

12 proper proceeding has been filed under the Illinois

13 Marriage and Dissolution of Marriage Act, as now or

14 hereafter amended.

15 No order under this provision shall affect title to

16 property.

17 (11) Protection of property. Forbid the respondent

18 from taking, transferring, encumbering, concealing,

19 damaging or otherwise disposing of any real or personal

20 property, except as explicitly authorized by the court, if:

21 (i) petitioner, but not respondent, owns the

22 property; or

23 (ii) the parties own the property jointly, and the

24 balance of hardships favors granting this remedy.

25 If petitioner's sole claim to ownership of the property

26 is that it is marital property, the court may grant

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1 petitioner relief under subparagraph (ii) of this

2 paragraph only if a proper proceeding has been filed under

3 the Illinois Marriage and Dissolution of Marriage Act, as

4 now or hereafter amended.

5 The court may further prohibit respondent from

6 improperly using the financial or other resources of an

7 aged member of the family or household for the profit or

8 advantage of respondent or of any other person.

9 (11.5) Protection of animals. Grant the petitioner the

10 exclusive care, custody, or control of any animal owned,

11 possessed, leased, kept, or held by either the petitioner

12 or the respondent or a minor child residing in the

13 residence or household of either the petitioner or the

14 respondent and order the respondent to stay away from the

15 animal and forbid the respondent from taking,

16 transferring, encumbering, concealing, harming, or

17 otherwise disposing of the animal.

18 (12) Order for payment of support. Order respondent to

19 pay temporary support for the petitioner or any child in

20 the petitioner's care or over whom the petitioner has been

21 allocated parental responsibility, when the respondent has

22 a legal obligation to support that person, in accordance

23 with the Illinois Marriage and Dissolution of Marriage Act,

24 which shall govern, among other matters, the amount of

25 support, payment through the clerk and withholding of

26 income to secure payment. An order for child support may be

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1 granted to a petitioner with lawful physical care of a

2 child, or an order or agreement for physical care of a

3 child, prior to entry of an order allocating significant

4 decision-making responsibility. Such a support order shall

5 expire upon entry of a valid order allocating parental

6 responsibility differently and vacating the petitioner's

7 significant decision-making authority, unless otherwise

8 provided in the order.

9 (13) Order for payment of losses. Order respondent to

10 pay petitioner for losses suffered as a direct result of

11 the abuse, neglect, or exploitation. Such losses shall

12 include, but not be limited to, medical expenses, lost

13 earnings or other support, repair or replacement of

14 property damaged or taken, reasonable attorney's fees,

15 court costs and moving or other travel expenses, including

16 additional reasonable expenses for temporary shelter and

17 restaurant meals.

18 (i) Losses affecting family needs. If a party is

19 entitled to seek maintenance, child support or

20 property distribution from the other party under the

21 Illinois Marriage and Dissolution of Marriage Act, as

22 now or hereafter amended, the court may order

23 respondent to reimburse petitioner's actual losses, to

24 the extent that such reimbursement would be

25 "appropriate temporary relief", as authorized by

26 subsection (a)(3) of Section 501 of that Act.

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1 (ii) Recovery of expenses. In the case of an

2 improper concealment or removal of a minor child, the

3 court may order respondent to pay the reasonable

4 expenses incurred or to be incurred in the search for

5 and recovery of the minor child, including but not

6 limited to legal fees, court costs, private

7 investigator fees, and travel costs.

8 (14) Prohibition of entry. Prohibit the respondent

9 from entering or remaining in the residence or household

10 while the respondent is under the influence of alcohol or

11 drugs and constitutes a threat to the safety and well-being

12 of the petitioner or the petitioner's children.

13 (14.5) Prohibition of firearm possession.

14 (a) Prohibit a respondent against whom an order of

15 protection was issued from possessing any firearms

16 during the duration of the order if the order:

17 (1) was issued after a hearing of which such

18 person received actual notice, and at which such

19 person had an opportunity to participate;

20 (2) restrains such person from harassing,

21 stalking, or threatening an intimate partner of

22 such person or child of such intimate partner or

23 person, or engaging in other conduct that would

24 place an intimate partner in reasonable fear of

25 bodily injury to the partner or child; and

26 (3)(i) includes a finding that such person

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1 represents a credible threat to the physical

2 safety of such intimate partner or child; or (ii)

3 by its terms explicitly prohibits the use,

4 attempted use, or threatened use of physical force

5 against such intimate partner or child that would

6 reasonably be expected to cause bodily injury.

7 ~~Any Firearm Owner's Identification Card in the~~

8 ~~possession of the respondent, except as provided in~~

9 ~~subsection (b), shall be ordered by the court to be~~

10 ~~turned over to the local law enforcement agency. The~~

11 ~~local law enforcement agency shall immediately mail~~

12 ~~the card to the Department of State Police Firearm~~

13 ~~Owner's Identification Card Office for safekeeping.~~

14 The court shall issue a warrant for seizure of any

15 firearm in the possession of the respondent, to be kept

16 by the local law enforcement agency for safekeeping,

17 except as provided in subsection (b). The period of

18 safekeeping shall be for the duration of the order of

19 protection. The firearm or firearms ~~and Firearm~~

20 ~~Owner's Identification Card, if unexpired,~~ shall at

21 the respondent's request, be returned to the

22 respondent at the end of the order of protection. It is

23 the respondent's responsibility to notify the

24 Department of State Police ~~Firearm Owner's~~

25 ~~Identification Card Office~~.

26 (b) If the respondent is a peace officer as defined

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1 in Section 2-13 of the Criminal Code of 2012, the court

2 shall order that any firearms used by the respondent in

3 the performance of his or her duties as a peace officer

4 be surrendered to the chief law enforcement executive

5 of the agency in which the respondent is employed, who

6 shall retain the firearms for safekeeping for the

7 duration of the order of protection.

8 (c) Upon expiration of the period of safekeeping,

9 if the firearms ~~or Firearm Owner's Identification Card~~

10 cannot be returned to respondent because respondent

11 cannot be located, fails to respond to requests to

12 retrieve the firearms, or is not lawfully eligible to

13 possess a firearm, upon petition from the local law

14 enforcement agency, the court may order the local law

15 enforcement agency to destroy the firearms, use the

16 firearms for training purposes, or for any other

17 application as deemed appropriate by the local law

18 enforcement agency; or that the firearms be turned over

19 to a third party who is lawfully eligible to possess

20 firearms, and who does not reside with respondent.

21 (15) Prohibition of access to records. If an order of

22 protection prohibits respondent from having contact with

23 the minor child, or if petitioner's address is omitted

24 under subsection (b) of Section 203, or if necessary to

25 prevent abuse or wrongful removal or concealment of a minor

26 child, the order shall deny respondent access to, and

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1 prohibit respondent from inspecting, obtaining, or

2 attempting to inspect or obtain, school or any other

3 records of the minor child who is in the care of

4 petitioner.

5 (16) Order for payment of shelter services. Order

6 respondent to reimburse a shelter providing temporary

7 housing and counseling services to the petitioner for the

8 cost of the services, as certified by the shelter and

9 deemed reasonable by the court.

10 (17) Order for injunctive relief. Enter injunctive

11 relief necessary or appropriate to prevent further abuse of

12 a family or household member or further abuse, neglect, or

13 exploitation of a high-risk adult with disabilities or to

14 effectuate one of the granted remedies, if supported by the

15 balance of hardships. If the harm to be prevented by the

16 injunction is abuse or any other harm that one of the

17 remedies listed in paragraphs (1) through (16) of this

18 subsection is designed to prevent, no further evidence is

19 necessary that the harm is an irreparable injury.

20 (18) Telephone services.

21 (A) Unless a condition described in subparagraph

22 (B) of this paragraph exists, the court may, upon

23 request by the petitioner, order a wireless telephone

24 service provider to transfer to the petitioner the

25 right to continue to use a telephone number or numbers

26 indicated by the petitioner and the financial

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1 responsibility associated with the number or numbers,

2 as set forth in subparagraph (C) of this paragraph. For

3 purposes of this paragraph (18), the term "wireless

4 telephone service provider" means a provider of

5 commercial mobile service as defined in 47 U.S.C. 332.

6 The petitioner may request the transfer of each

7 telephone number that the petitioner, or a minor child

8 in his or her custody, uses. The clerk of the court

9 shall serve the order on the wireless telephone service

10 provider's agent for service of process provided to the

11 Illinois Commerce Commission. The order shall contain

12 all of the following:

13 (i) The name and billing telephone number of

14 the account holder including the name of the

15 wireless telephone service provider that serves

16 the account.

17 (ii) Each telephone number that will be

18 transferred.

19 (iii) A statement that the provider transfers

20 to the petitioner all financial responsibility for

21 and right to the use of any telephone number

22 transferred under this paragraph.

23 (B) A wireless telephone service provider shall

24 terminate the respondent's use of, and shall transfer

25 to the petitioner use of, the telephone number or

26 numbers indicated in subparagraph (A) of this

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1 paragraph unless it notifies the petitioner, within 72

2 hours after it receives the order, that one of the

3 following applies:

4 (i) The account holder named in the order has

5 terminated the account.

6 (ii) A difference in network technology would

7 prevent or impair the functionality of a device on

8 a network if the transfer occurs.

9 (iii) The transfer would cause a geographic or

10 other limitation on network or service provision

11 to the petitioner.

12 (iv) Another technological or operational

13 issue would prevent or impair the use of the

14 telephone number if the transfer occurs.

15 (C) The petitioner assumes all financial

16 responsibility for and right to the use of any

17 telephone number transferred under this paragraph. In

18 this paragraph, "financial responsibility" includes

19 monthly service costs and costs associated with any

20 mobile device associated with the number.

21 (D) A wireless telephone service provider may

22 apply to the petitioner its routine and customary

23 requirements for establishing an account or

24 transferring a number, including requiring the

25 petitioner to provide proof of identification,

26 financial information, and customer preferences.

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1 (E) Except for willful or wanton misconduct, a

2 wireless telephone service provider is immune from

3 civil liability for its actions taken in compliance

4 with a court order issued under this paragraph.

5 (F) All wireless service providers that provide

6 services to residential customers shall provide to the

7 Illinois Commerce Commission the name and address of an

8 agent for service of orders entered under this

9 paragraph (18). Any change in status of the registered

10 agent must be reported to the Illinois Commerce

11 Commission within 30 days of such change.

12 (G) The Illinois Commerce Commission shall

13 maintain the list of registered agents for service for

14 each wireless telephone service provider on the

15 Commission's website. The Commission may consult with

16 wireless telephone service providers and the Circuit

17 Court Clerks on the manner in which this information is

18 provided and displayed.

19 (c) Relevant factors; findings.

20 (1) In determining whether to grant a specific remedy,

21 other than payment of support, the court shall consider

22 relevant factors, including but not limited to the

23 following:

24 (i) the nature, frequency, severity, pattern and

25 consequences of the respondent's past abuse, neglect

26 or exploitation of the petitioner or any family or

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1 household member, including the concealment of his or

2 her location in order to evade service of process or

3 notice, and the likelihood of danger of future abuse,

4 neglect, or exploitation to petitioner or any member of

5 petitioner's or respondent's family or household; and

6 (ii) the danger that any minor child will be abused

7 or neglected or improperly relocated from the

8 jurisdiction, improperly concealed within the State or

9 improperly separated from the child's primary

10 caretaker.

11 (2) In comparing relative hardships resulting to the

12 parties from loss of possession of the family home, the

13 court shall consider relevant factors, including but not

14 limited to the following:

15 (i) availability, accessibility, cost, safety,

16 adequacy, location and other characteristics of

17 alternate housing for each party and any minor child or

18 dependent adult in the party's care;

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

20 (iii) the effect on the relationship of the party,

21 and any minor child or dependent adult in the party's

22 care, to family, school, church and community.

23 (3) Subject to the exceptions set forth in paragraph

24 (4) of this subsection, the court shall make its findings

25 in an official record or in writing, and shall at a minimum

26 set forth the following:

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1 (i) That the court has considered the applicable

2 relevant factors described in paragraphs (1) and (2) of

3 this subsection.

4 (ii) Whether the conduct or actions of respondent,

5 unless prohibited, will likely cause irreparable harm

6 or continued abuse.

7 (iii) Whether it is necessary to grant the

8 requested relief in order to protect petitioner or

9 other alleged abused persons.

10 (4) For purposes of issuing an ex parte emergency order

11 of protection, the court, as an alternative to or as a

12 supplement to making the findings described in paragraphs

13 (c)(3)(i) through (c)(3)(iii) of this subsection, may use

14 the following procedure:

15 When a verified petition for an emergency order of

16 protection in accordance with the requirements of Sections

17 203 and 217 is presented to the court, the court shall

18 examine petitioner on oath or affirmation. An emergency

19 order of protection shall be issued by the court if it

20 appears from the contents of the petition and the

21 examination of petitioner that the averments are

22 sufficient to indicate abuse by respondent and to support

23 the granting of relief under the issuance of the emergency

24 order of protection.

25 (5) Never married parties. No rights or

26 responsibilities for a minor child born outside of marriage

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1 attach to a putative father until a father and child

2 relationship has been established under the Illinois

3 Parentage Act of 1984, the Illinois Parentage Act of 2015,

4 the Illinois Public Aid Code, Section 12 of the Vital

5 Records Act, the Juvenile Court Act of 1987, the Probate

6 Act of 1975, the Revised Uniform Reciprocal Enforcement of

7 Support Act, the Uniform Interstate Family Support Act, the

8 Expedited Child Support Act of 1990, any judicial,

9 administrative, or other act of another state or territory,

10 any other Illinois statute, or by any foreign nation

11 establishing the father and child relationship, any other

12 proceeding substantially in conformity with the Personal

13 Responsibility and Work Opportunity Reconciliation Act of

14 1996 (Pub. L. 104-193), or where both parties appeared in

15 open court or at an administrative hearing acknowledging

16 under oath or admitting by affirmation the existence of a

17 father and child relationship. Absent such an

18 adjudication, finding, or acknowledgment, no putative

19 father shall be granted temporary allocation of parental

20 responsibilities, including parenting time with the minor

21 child, or physical care and possession of the minor child,

22 nor shall an order of payment for support of the minor

23 child be entered.

24 (d) Balance of hardships; findings. If the court finds that

25 the balance of hardships does not support the granting of a

26 remedy governed by paragraph (2), (3), (10), (11), or (16) of

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1 subsection (b) of this Section, which may require such

2 balancing, the court's findings shall so indicate and shall

3 include a finding as to whether granting the remedy will result

4 in hardship to respondent that would substantially outweigh the

5 hardship to petitioner from denial of the remedy. The findings

6 shall be an official record or in writing.

7 (e) Denial of remedies. Denial of any remedy shall not be

8 based, in whole or in part, on evidence that:

9 (1) Respondent has cause for any use of force, unless

10 that cause satisfies the standards for justifiable use of

11 force provided by Article 7 of the Criminal Code of 2012;

12 (2) Respondent was voluntarily intoxicated;

13 (3) Petitioner acted in self-defense or defense of

14 another, provided that, if petitioner utilized force, such

15 force was justifiable under Article 7 of the Criminal Code

16 of 2012;

17 (4) Petitioner did not act in self-defense or defense

18 of another;

19 (5) Petitioner left the residence or household to avoid

20 further abuse, neglect, or exploitation by respondent;

21 (6) Petitioner did not leave the residence or household

22 to avoid further abuse, neglect, or exploitation by

23 respondent;

24 (7) Conduct by any family or household member excused

25 the abuse, neglect, or exploitation by respondent, unless

26 that same conduct would have excused such abuse, neglect,

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1 or exploitation if the parties had not been family or

2 household members.

3 (Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642,

4 eff. 7-28-16; 100-388, eff. 1-1-18; 100-863, eff. 8-14-18;

5 100-923, eff. 1-1-19.)

6 Section 115. The Uniform Disposition of Unclaimed Property

7 Act is amended by changing Section 1 as follows:

8 (765 ILCS 1025/1) (from Ch. 141, par. 101)

9 Sec. 1. As used in this Act, unless the context otherwise

10 requires:

11 (a) "Banking organization" means any bank, trust company,

12 savings bank, industrial bank, land bank, safe deposit company,

13 or a private banker.

14 (b) "Business association" means any corporation, joint

15 stock company, business trust, partnership, or any

16 association, limited liability company, or other business

17 entity consisting of one or more persons, whether or not for

18 profit.

19 (c) "Financial organization" means any savings and loan

20 association, building and loan association, credit union,

21 currency exchange, co-operative bank, mutual funds, or

22 investment company.

23 (d) "Holder" means any person in possession of property

24 subject to this Act belonging to another, or who is trustee in

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1 case of a trust, or is indebted to another on an obligation

2 subject to this Act.

3 (e) "Life insurance corporation" means any association or

4 corporation transacting the business of insurance on the lives

5 of persons or insurance appertaining thereto, including, but

6 not by way of limitation, endowments and annuities.

7 (f) "Owner" means a depositor in case of a deposit, a

8 beneficiary in case of a trust, a creditor, claimant, or payee

9 in case of other property, or any person having a legal or

10 equitable interest in property subject to this Act, or his

11 legal representative.

12 (g) "Person" means any individual, business association,

13 financial organization, government or political subdivision or

14 agency, public authority, estate, trust, or any other legal or

15 commercial entity.

16 (h) "Utility" means any person who owns or operates, for

17 public use, any plant, equipment, property, franchise, or

18 license for the transmission of communications or the

19 production, storage, transmission, sale, delivery, or

20 furnishing of electricity, water, steam, oil or gas.

21 (i) (Blank).

22 (j) "Insurance company" means any person transacting the

23 kinds of business enumerated in Section 4 of the Illinois

24 Insurance Code other than life insurance.

25 (k) "Economic loss", as used in Sections 2a and 9 of this

26 Act includes, but is not limited to, delivery charges,

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1 mark-downs and write-offs, carrying costs, restocking charges,

2 lay-aways, special orders, issuance of credit memos, and the

3 costs of special services or goods provided that reduce the

4 property value or that result in lost sales opportunity.

5 (l) "Reportable property" means property, tangible or

6 intangible, presumed abandoned under this Act that must be

7 appropriately and timely reported and remitted to the Office of

8 the State Treasurer under this Act. Interest, dividends, stock

9 splits, warrants, or other rights that become reportable

10 property under this Act include the underlying security or

11 commodity giving rise to the interest, dividend, split,

12 warrant, or other right to which the owner would be entitled.

13 (m) "Firearm" has the meaning ascribed to that term in

14 Section 2-7.5 of the Criminal Code of 2012~~the Firearm Owners~~

15 ~~Identification Card Act~~.

16 (Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; 91-748,

17 eff. 6-2-00.)

18 Section 120. The Revised Uniform Unclaimed Property Act is

19 amended by changing Section 15-705 as follows:

20 (765 ILCS 1026/15-705)

21 Sec. 15-705. Exceptions to the sale of tangible property.

22 The administrator shall dispose of tangible property

23 identified by this Section in accordance with this Section.

24 (a) Military medals or decorations. The administrator may

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1 not sell a medal or decoration awarded for military service in

2 the armed forces of the United States. Instead, the

3 administrator, with the consent of the respective organization

4 under paragraph (1), agency under paragraph (2), or entity

5 under paragraph (3), may deliver a medal or decoration to be

6 held in custody for the owner, to:

7 (1) a military veterans organization qualified under

8 Section 501(c)(19) of the Internal Revenue Code;

9 (2) the agency that awarded the medal or decoration; or

10 (3) a governmental entity.

11 After delivery, the administrator is not responsible for

12 the safekeeping of the medal or decoration.

13 (b) Property with historical value. Property that the

14 administrator reasonably believes may have historical value

15 may be, at his or her discretion, loaned to an accredited

16 museum in the United States where it will be kept until such

17 time as the administrator orders it to be returned to his or

18 her custody.

19 (c) Human remains. If human remains are delivered to the

20 administrator under this Act, the administrator shall deliver

21 those human remains to the coroner of the county in which the

22 human remains were abandoned for disposition under Section

23 3-3034 of the Counties Code. The only human remains that may be

24 delivered to the administrator under this Act and that the

25 administrator may receive are those that are reported and

26 delivered as contents of a safe deposit box.

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1 (d) Evidence in a criminal investigation. Property that may

2 have been used in the commission of a crime or that may assist

3 in the investigation of a crime, as determined after consulting

4 with the Department of State Police, shall be delivered to the

5 Department of State Police or other appropriate law enforcement

6 authority to allow law enforcement to determine whether a

7 criminal investigation should take place. Any such property

8 delivered to a law enforcement authority shall be held in

9 accordance with existing statutes and rules related to the

10 gathering, retention, and release of evidence.

11 (e) Firearms.

12 (1) The administrator, in cooperation with the

13 Department of State Police, shall develop a procedure to

14 determine whether a firearm delivered to the administrator

15 under this Act has been stolen or used in the commission of

16 a crime. The Department of State Police shall determine the

17 appropriate disposition of a firearm that has been stolen

18 or used in the commission of a crime. The administrator

19 shall attempt to return a firearm that has not been stolen

20 or used in the commission of a crime to the rightful owner

21 if the Department of State Police determines that the owner

22 may lawfully possess the firearm.

23 (2) If the administrator is unable to return a firearm

24 to its owner, the administrator shall transfer custody of

25 the firearm to the Department of State Police. Legal title

26 to a firearm transferred to the Department of State Police

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1 under this subsection (e) is vested in the Department of

2 State Police by operation of law if:

3 (i) the administrator cannot locate the owner of

4 the firearm;

5 (ii) the owner of the firearm may not lawfully

6 possess the firearm;

7 (iii) the apparent owner does not respond to notice

8 published under Section 15-503 of this Act; or

9 (iv) the apparent owner responds to notice

10 published under Section 15-502 and states that he or

11 she no longer claims an interest in the firearm.

12 (3) With respect to a firearm whose title is

13 transferred to the Department of State Police under this

14 subsection (e), the Department of State Police may:

15 (i) retain the firearm for use by the crime

16 laboratory system, for training purposes, or for any

17 other application as deemed appropriate by the

18 Department;

19 (ii) transfer the firearm to the Illinois State

20 Museum if the firearm has historical value; or

21 (iii) destroy the firearm if it is not retained

22 pursuant to subparagraph (i) or transferred pursuant

23 to subparagraph (ii).

24 As used in this subsection, "firearm" has the meaning

25 provided in Section 2-7.5 of the Criminal Code of 2012 ~~the~~

26 ~~Firearm Owners Identification Card Act~~.

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1 (Source: P.A. 100-22, eff. 1-1-18.)

2 Section 999. Effective date. This Act takes effect upon

3 becoming law.

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1 INDEX

2 Statutes amended in order of appearance

3 5 ILCS 140/7.5

4 5 ILCS 830/10-5

5 20 ILCS 805/805-538

6 20 ILCS 2605/2605-45 was 20 ILCS 2605/55a-5

7 20 ILCS 2605/2605-300 was 20 ILCS 2605/55a in part

8 20 ILCS 2605/2605-595

9 20 ILCS 2605/2605-120 rep.

10 20 ILCS 2605/2605-610 rep.

11 20 ILCS 2610/17b

12 20 ILCS 2630/2.2

13 30 ILCS 105/6z-99

14 50 ILCS 710/1 from Ch. 85, par. 515

15 50 ILCS 725/7.2 rep.

16 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6

17 105 ILCS 5/10-27.1A

18 105 ILCS 5/34-8.05

19 225 ILCS 210/2005 from Ch. 96 1/2, par. 1-2005

20 225 ILCS 447/35-30

21 225 ILCS 447/35-35

22 405 ILCS 5/6-103.1

23 405 ILCS 5/6-103.2

24 405 ILCS 5/6-103.3

25 410 ILCS 45/2 from Ch. 111 1/2, par. 1302

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1 430 ILCS 65/Act rep.

2 430 ILCS 66/25

3 430 ILCS 66/30

4 430 ILCS 66/40

5 430 ILCS 66/70

6 430 ILCS 66/80

7 430 ILCS 66/105

8 430 ILCS 67/35

9 430 ILCS 67/40

10 430 ILCS 68/5-20

11 430 ILCS 68/5-25

12 430 ILCS 68/5-40

13 430 ILCS 68/5-85

14 520 ILCS 5/3.2 from Ch. 61, par. 3.2

15 520 ILCS 5/3.2a from Ch. 61, par. 3.2a

16 625 ILCS 5/2-116 from Ch. 95 1/2, par. 2-116

17 720 ILCS 5/2-7.1

18 720 ILCS 5/2-7.5

19 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4

20 720 ILCS 5/16-0.1

21 720 ILCS 5/17-30 was 720 ILCS 5/16C-2

22 720 ILCS 5/24-1 from Ch. 38, par. 24-1

23 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1

24 720 ILCS 5/24-1.6

25 720 ILCS 5/24-1.8

26 720 ILCS 5/24-2

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