102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB2635

Introduced , by Rep. Steven Reick

SYNOPSIS AS INTRODUCED:

`50 ILCS 705/2`	`from Ch. 85, par. 502`
`720 ILCS 5/24-2`
`730 ILCS 5/3-2-13 new`
`730 ILCS 125/26.1 new`

Amends the Illinois Police Training Act. Defines "retired law enforcement officer qualified under federal law" for purposes of the Act to permit the carrying of a concealed weapon. Amends the Criminal Code of 2012, the Unified Code of Corrections, and the County Jail Act. Permits currently employed and qualified retired State correctional officers and county correctional officers to carry their own firearms off-duty without being in violation of the unlawful use of weapons and aggravated unlawful use of a weapon statutes if they meet certain training requirements. Provides that currently employed and qualified retired State correctional officers and county correctional officers shall carry a photographic identification and a valid annual firearm certificate while carrying their own firearms off-duty. Limited to correctional officers who have custody and control over inmates in an adult correctional facility. Effective immediately.

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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 Illinois Police Training Act is amended by

5 changing Section 2 as follows:

6 (50 ILCS 705/2) (from Ch. 85, par. 502)

7 Sec. 2. Definitions. As used in this Act, unless the

8 context otherwise requires:

9 "Board" means the Illinois Law Enforcement Training

10 Standards Board.

11 "Local governmental agency" means any local governmental

12 unit or municipal corporation in this State. It does not

13 include the State of Illinois or any office, officer,

14 department, division, bureau, board, commission, or agency of

15 the State, except that it does include a State-controlled

16 university, college or public community college.

17 "Police training school" means any school located within

18 the State of Illinois whether privately or publicly owned

19 which offers a course in police or county corrections training

20 and has been approved by the Board.

21 "Probationary police officer" means a recruit law

22 enforcement officer required to successfully complete initial

23 minimum basic training requirements at a police training

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1 school to be eligible for permanent full-time employment as a

2 local law enforcement officer.

3 "Probationary part-time police officer" means a recruit

4 part-time law enforcement officer required to successfully

5 complete initial minimum part-time training requirements to be

6 eligible for employment on a part-time basis as a local law

7 enforcement officer.

8 "Permanent police officer" means a law enforcement officer

9 who has completed his or her probationary period and is

10 permanently employed on a full-time basis as a local law

11 enforcement officer by a participating local governmental unit

12 or as a security officer or campus policeman permanently

13 employed by a participating State-controlled university,

14 college, or public community college.

15 "Part-time police officer" means a law enforcement officer

16 who has completed his or her probationary period and is

17 employed on a part-time basis as a law enforcement officer by a

18 participating unit of local government or as a campus

19 policeman by a participating State-controlled university,

20 college, or public community college.

21 "Law enforcement officer" means (i) any police officer of

22 a local governmental agency who is primarily responsible for

23 prevention or detection of crime and the enforcement of the

24 criminal code, traffic, or highway laws of this State or any

25 political subdivision of this State or (ii) any member of a

26 police force appointed and maintained as provided in Section 2

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1 of the Railroad Police Act.

2 "Recruit" means any full-time or part-time law enforcement

3 officer or full-time county corrections officer who is

4 enrolled in an approved training course.

5 "Retired law enforcement officer qualified under federal

6 law" means an individual who:

7 (1) separated from service in good standing from

8 service with a public agency as a law enforcement officer,

9 other than for reasons of mental disability;

10 (2) before such separation, was authorized by law to

11 engage in or supervise the prevention, detection,

12 investigation, or prosecution of, or the incarceration of

13 any person for, any violation of law, and had statutory

14 powers of arrest or apprehension granted by statute;

15 (3) served as a law enforcement officer for an

16 aggregate of 10 years or more before his or her separation

17 in good standing from service with his or her agency, or

18 separated from service in good standing, after completing

19 any applicable probationary period of service, due to a

20 service-connected disability as determined by the agency;

21 (4) has met State firearms training and qualifications

22 that are the same as the training and qualifications for

23 active duty officers;

24 (5) is not under the influence of alcohol or another

25 intoxicating or hallucinatory drug or substance; and

26 (6) is not prohibited by federal law from carrying a

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1 firearm.

2 "Probationary county corrections officer" means a recruit

3 county corrections officer required to successfully complete

4 initial minimum basic training requirements at a police

5 training school to be eligible for permanent employment on a

6 full-time basis as a county corrections officer.

7 "Permanent county corrections officer" means a county

8 corrections officer who has completed his probationary period

9 and is permanently employed on a full-time basis as a county

10 corrections officer by a participating local governmental

11 unit.

12 "County corrections officer" means any sworn officer of

13 the sheriff who is primarily responsible for the control and

14 custody of offenders, detainees or inmates.

15 "Probationary court security officer" means a recruit

16 court security officer required to successfully complete

17 initial minimum basic training requirements at a designated

18 training school to be eligible for employment as a court

19 security officer.

20 "Permanent court security officer" means a court security

21 officer who has completed his or her probationary period and

22 is employed as a court security officer by a participating

23 local governmental unit.

24 "Court security officer" has the meaning ascribed to it in

25 Section 3-6012.1 of the Counties Code.

26 (Source: P.A. 94-846, eff. 1-1-07.)

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1 Section 10. The Criminal Code of 2012 is amended by

2 changing Section 24-2 as follows:

3 (720 ILCS 5/24-2)

4 Sec. 24-2. Exemptions.

5 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

6 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

7 the following:

8 (1) Peace officers, and any person summoned by a peace

9 officer to assist in making arrests or preserving the

10 peace, while actually engaged in assisting such officer.

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 while in the performance of their official duty, or while

15 commuting between their homes and places of employment.

16 (3) Members of the Armed Services or Reserve Forces of

17 the United States or the Illinois National Guard or the

18 Reserve Officers Training Corps, while in the performance

19 of their official duty.

20 (4) Special agents employed by a railroad or a public

21 utility to perform police functions, and guards of armored

22 car companies, while actually engaged in the performance

23 of the duties of their employment or commuting between

24 their homes and places of employment; and watchmen while

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1 actually engaged in the performance of the duties of their

2 employment.

3 (5) Persons licensed as private security contractors,

4 private detectives, or private alarm contractors, or

5 employed by a private security contractor, private

6 detective, or private alarm contractor agency licensed by

7 the Department of Financial and Professional Regulation,

8 if their duties include the carrying of a weapon under the

9 provisions of the Private Detective, Private Alarm,

10 Private Security, Fingerprint Vendor, and Locksmith Act of

11 2004, while actually engaged in the performance of the

12 duties of their employment or commuting between their

13 homes and places of employment. A person shall be

14 considered eligible for this exemption if he or she has

15 completed the required 20 hours of training for a private

16 security contractor, private detective, or private alarm

17 contractor, or employee of a licensed private security

18 contractor, private detective, or private alarm contractor

19 agency and 20 hours of required firearm training, and has

20 been issued a firearm control card by the Department of

21 Financial and Professional Regulation. Conditions for the

22 renewal of firearm control cards issued under the

23 provisions of this Section shall be the same as for those

24 cards issued under the provisions of the Private

25 Detective, Private Alarm, Private Security, Fingerprint

26 Vendor, and Locksmith Act of 2004. The firearm control

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1 card shall be carried by the private security contractor,

2 private detective, or private alarm contractor, or

3 employee of the licensed private security contractor,

4 private detective, or private alarm contractor agency at

5 all times when he or she is in possession of a concealable

6 weapon permitted by his or her firearm control card.

7 (6) Any person regularly employed in a commercial or

8 industrial operation as a security guard for the

9 protection of persons employed and private property

10 related to such commercial or industrial operation, while

11 actually engaged in the performance of his or her duty or

12 traveling between sites or properties belonging to the

13 employer, and who, as a security guard, is a member of a

14 security force registered with the Department of Financial

15 and Professional Regulation; provided that such security

16 guard has successfully completed a course of study,

17 approved by and supervised by the Department of Financial

18 and Professional Regulation, consisting of not less than

19 40 hours of training that includes the theory of law

20 enforcement, liability for acts, and the handling of

21 weapons. A person shall be considered eligible for this

22 exemption if he or she has completed the required 20 hours

23 of training for a security officer and 20 hours of

24 required firearm training, and has been issued a firearm

25 control card by the Department of Financial and

26 Professional Regulation. Conditions for the renewal of

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1 firearm control cards issued under the provisions of this

2 Section shall be the same as for those cards issued under

3 the provisions of the Private Detective, Private Alarm,

4 Private Security, Fingerprint Vendor, and Locksmith Act of

5 2004. The firearm control card shall be carried by the

6 security guard at all times when he or she is in possession

7 of a concealable weapon permitted by his or her firearm

8 control card.

9 (7) Agents and investigators of the Illinois

10 Legislative Investigating Commission authorized by the

11 Commission to carry the weapons specified in subsections

12 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

13 any investigation for the Commission.

14 (8) Persons employed by a financial institution as a

15 security guard for the protection of other employees and

16 property related to such financial institution, while

17 actually engaged in the performance of their duties,

18 commuting between their homes and places of employment, or

19 traveling between sites or properties owned or operated by

20 such financial institution, and who, as a security guard,

21 is a member of a security force registered with the

22 Department; provided that any person so employed has

23 successfully completed a course of study, approved by and

24 supervised by the Department of Financial and Professional

25 Regulation, consisting of not less than 40 hours of

26 training which includes theory of law enforcement,

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1 liability for acts, and the handling of weapons. A person

2 shall be considered to be eligible for this exemption if

3 he or she has completed the required 20 hours of training

4 for a security officer and 20 hours of required firearm

5 training, and has been issued a firearm control card by

6 the Department of Financial and Professional Regulation.

7 Conditions for renewal of firearm control cards issued

8 under the provisions of this Section shall be the same as

9 for those issued under the provisions of the Private

10 Detective, Private Alarm, Private Security, Fingerprint

11 Vendor, and Locksmith Act of 2004. The firearm control

12 card shall be carried by the security guard at all times

13 when he or she is in possession of a concealable weapon

14 permitted by his or her firearm control card. For purposes

15 of this subsection, "financial institution" means a bank,

16 savings and loan association, credit union or company

17 providing armored car services.

18 (9) Any person employed by an armored car company to

19 drive an armored car, while actually engaged in the

20 performance of his duties.

21 (10) Persons who have been classified as peace

22 officers pursuant to the Peace Officer Fire Investigation

23 Act.

24 (11) Investigators of the Office of the State's

25 Attorneys Appellate Prosecutor authorized by the board of

26 governors of the Office of the State's Attorneys Appellate

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1 Prosecutor to carry weapons pursuant to Section 7.06 of

2 the State's Attorneys Appellate Prosecutor's Act.

3 (12) Special investigators appointed by a State's

4 Attorney under Section 3-9005 of the Counties Code.

5 (12.5) Probation officers while in the performance of

6 their duties, or while commuting between their homes,

7 places of employment or specific locations that are part

8 of their assigned duties, with the consent of the chief

9 judge of the circuit for which they are employed, if they

10 have received weapons training according to requirements

11 of the Peace Officer and Probation Officer Firearm

12 Training Act.

13 (13) Court Security Officers while in the performance

14 of their official duties, or while commuting between their

15 homes and places of employment, with the consent of the

16 Sheriff.

17 (13.5) A person employed as an armed security guard at

18 a nuclear energy, storage, weapons or development site or

19 facility regulated by the Nuclear Regulatory Commission

20 who has completed the background screening and training

21 mandated by the rules and regulations of the Nuclear

22 Regulatory Commission.

23 (14) Manufacture, transportation, or sale of weapons

24 to persons authorized under subdivisions (1) through

25 (13.5) of this subsection to possess those weapons.

26 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

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1 to or affect any person carrying a concealed pistol, revolver,

2 or handgun and the person has been issued a currently valid

3 license under the Firearm Concealed Carry Act at the time of

4 the commission of the offense.

5 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

6 to or affect a qualified current or retired law enforcement

7 officer qualified under the laws of this State or under the

8 federal Law Enforcement Officers Safety Act.

9 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

10 24-1.6 do not apply to or affect any of the following:

11 (1) Members of any club or organization organized for

12 the purpose of practicing shooting at targets upon

13 established target ranges, whether public or private, and

14 patrons of such ranges, while such members or patrons are

15 using their firearms on those target ranges.

16 (2) Duly authorized military or civil organizations

17 while parading, with the special permission of the

18 Governor.

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

20 permit while engaged in hunting, trapping or fishing.

21 (4) Transportation of weapons that are broken down in

22 a non-functioning state or are not immediately accessible.

23 (5) Carrying or possessing any pistol, revolver, stun

24 gun or taser or other firearm on the land or in the legal

25 dwelling of another person as an invitee with that

26 person's permission.

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1 (c) Subsection 24-1(a)(7) does not apply to or affect any

2 of the following:

3 (1) Peace officers while in performance of their

4 official duties.

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

6 penitentiaries, jails and other institutions for the

7 detention of persons accused or convicted of an offense.

8 (3) Members of the Armed Services or Reserve Forces of

9 the United States or the Illinois National Guard, while in

10 the performance of their official duty.

11 (4) Manufacture, transportation, or sale of machine

12 guns to persons authorized under subdivisions (1) through

13 (3) of this subsection to possess machine guns, if the

14 machine guns are broken down in a non-functioning state or

15 are not immediately accessible.

16 (5) Persons licensed under federal law to manufacture

17 any weapon from which 8 or more shots or bullets can be

18 discharged by a single function of the firing device, or

19 ammunition for such weapons, and actually engaged in the

20 business of manufacturing such weapons or ammunition, but

21 only with respect to activities which are within the

22 lawful scope of such business, such as the manufacture,

23 transportation, or testing of such weapons or ammunition.

24 This exemption does not authorize the general private

25 possession of any weapon from which 8 or more shots or

26 bullets can be discharged by a single function of the

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1 firing device, but only such possession and activities as

2 are within the lawful scope of a licensed manufacturing

3 business described in this paragraph.

4 During transportation, such weapons shall be broken

5 down in a non-functioning state or not immediately

6 accessible.

7 (6) The manufacture, transport, testing, delivery,

8 transfer or sale, and all lawful commercial or

9 experimental activities necessary thereto, of rifles,

10 shotguns, and weapons made from rifles or shotguns, or

11 ammunition for such rifles, shotguns or weapons, where

12 engaged in by a person operating as a contractor or

13 subcontractor pursuant to a contract or subcontract for

14 the development and supply of such rifles, shotguns,

15 weapons or ammunition to the United States government or

16 any branch of the Armed Forces of the United States, when

17 such activities are necessary and incident to fulfilling

18 the terms of such contract.

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

20 shall also apply to any authorized agent of any such

21 contractor or subcontractor who is operating within the

22 scope of his employment, where such activities involving

23 such weapon, weapons or ammunition are necessary and

24 incident to fulfilling the terms of such contract.

25 (7) A person possessing a rifle with a barrel or

26 barrels less than 16 inches in length if: (A) the person

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1 has been issued a Curios and Relics license from the U.S.

2 Bureau of Alcohol, Tobacco, Firearms and Explosives; or

3 (B) the person is an active member of a bona fide,

4 nationally recognized military re-enacting group and the

5 modification is required and necessary to accurately

6 portray the weapon for historical re-enactment purposes;

7 the re-enactor is in possession of a valid and current

8 re-enacting group membership credential; and the overall

9 length of the weapon as modified is not less than 26

10 inches.

11 (d) Subsection 24-1(a)(1) does not apply to the purchase,

12 possession or carrying of a black-jack or slung-shot by a

13 peace officer.

14 (e) Subsection 24-1(a)(8) does not apply to any owner,

15 manager or authorized employee of any place specified in that

16 subsection nor to any law enforcement officer.

17 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

18 Section 24-1.6 do not apply to members of any club or

19 organization organized for the purpose of practicing shooting

20 at targets upon established target ranges, whether public or

21 private, while using their firearms on those target ranges.

22 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply

23 to:

24 (1) Members of the Armed Services or Reserve Forces of

25 the United States or the Illinois National Guard, while in

26 the performance of their official duty.

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1 (2) Bonafide collectors of antique or surplus military

2 ordnance.

3 (3) Laboratories having a department of forensic

4 ballistics, or specializing in the development of

5 ammunition or explosive ordnance.

6 (4) Commerce, preparation, assembly or possession of

7 explosive bullets by manufacturers of ammunition licensed

8 by the federal government, in connection with the supply

9 of those organizations and persons exempted by subdivision

10 (g)(1) of this Section, or like organizations and persons

11 outside this State, or the transportation of explosive

12 bullets to any organization or person exempted in this

13 Section by a common carrier or by a vehicle owned or leased

14 by an exempted manufacturer.

15 (g-5) Subsection 24-1(a)(6) does not apply to or affect

16 persons licensed under federal law to manufacture any device

17 or attachment of any kind designed, used, or intended for use

18 in silencing the report of any firearm, firearms, or

19 ammunition for those firearms equipped with those devices, and

20 actually engaged in the business of manufacturing those

21 devices, firearms, or ammunition, but only with respect to

22 activities that are within the lawful scope of that business,

23 such as the manufacture, transportation, or testing of those

24 devices, firearms, or ammunition. This exemption does not

25 authorize the general private possession of any device or

26 attachment of any kind designed, used, or intended for use in

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1 silencing the report of any firearm, but only such possession

2 and activities as are within the lawful scope of a licensed

3 manufacturing business described in this subsection (g-5).

4 During transportation, these devices shall be detached from

5 any weapon or not immediately accessible.

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

7 24-1.6 do not apply to or affect any parole agent or parole

8 supervisor who meets the qualifications and conditions

9 prescribed in Section 3-14-1.5 of the Unified Code of

10 Corrections.

11 (g-7) Subsection 24-1(a)(6) does not apply to a peace

12 officer while serving as a member of a tactical response team

13 or special operations team. A peace officer may not personally

14 own or apply for ownership of a device or attachment of any

15 kind designed, used, or intended for use in silencing the

16 report of any firearm. These devices shall be owned and

17 maintained by lawfully recognized units of government whose

18 duties include the investigation of criminal acts.

19 (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

20 24-1.6 do not apply to or affect any currently employed or

21 qualified retired State correctional officer who meets the

22 qualifications and conditions prescribed in Section 3-2-12 of

23 the Unified Code of Corrections.

24 (g-9) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

25 24-1.6 do not apply to or affect any currently employed or

26 qualified retired county correctional officer who meets the

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1 qualifications and conditions prescribed in Section 26.1 of

2 the County Jail Act.

3 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and

4 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an

5 athlete's possession, transport on official Olympic and

6 Paralympic transit systems established for athletes, or use of

7 competition firearms sanctioned by the International Olympic

8 Committee, the International Paralympic Committee, the

9 International Shooting Sport Federation, or USA Shooting in

10 connection with such athlete's training for and participation

11 in shooting competitions at the 2016 Olympic and Paralympic

12 Games and sanctioned test events leading up to the 2016

13 Olympic and Paralympic Games.

14 (h) An information or indictment based upon a violation of

15 any subsection of this Article need not negative any

16 exemptions contained in this Article. The defendant shall have

17 the burden of proving such an exemption.

18 (i) Nothing in this Article shall prohibit, apply to, or

19 affect the transportation, carrying, or possession, of any

20 pistol or revolver, stun gun, taser, or other firearm

21 consigned to a common carrier operating under license of the

22 State of Illinois or the federal government, where such

23 transportation, carrying, or possession is incident to the

24 lawful transportation in which such common carrier is engaged;

25 and nothing in this Article shall prohibit, apply to, or

26 affect the transportation, carrying, or possession of any

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1 pistol, revolver, stun gun, taser, or other firearm, not the

2 subject of and regulated by subsection 24-1(a)(7) or

3 subsection 24-2(c) of this Article, which is unloaded and

4 enclosed in a case, firearm carrying box, shipping box, or

5 other container, by the possessor of a valid Firearm Owners

6 Identification Card.

7 (Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)

8 Section 15. The Unified Code of Corrections is amended by

9 adding Section 3-2-13 as follows:

10 (730 ILCS 5/3-2-13 new)

11 Sec. 3-2-13. State correctional officers; off-duty

12 firearms.

13 (a) In this Section, "State correctional officer" means an

14 employee of the Department of Corrections who has custody and

15 control over inmates in an adult correctional facility.

16 (b) In this Section, "qualified retired State correctional

17 officer" means a former State correctional officer who:

18 (1) was separated from service with the Department of

19 Corrections in good standing;

20 (2) before the separation, was authorized by law to

21 engage in or supervise the activities of prevention,

22 detection, investigation, prosecution, or incarceration of

23 any person for any violation of law;

24 (3) before the separation, served as a State

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1 correctional officer for an aggregate of 10 years or more;

2 (4) has not either:

3 (A) been officially found, as the Department shall

4 by rule provide, by a qualified medical professional

5 employed by the Department of Corrections to be

6 unqualified for reasons relating to mental health and

7 as a result of this finding will not be issued the

8 photographic identification as described in paragraph

9 (5) of subsection (c); or

10 (B) entered into an agreement with the Department

11 of Corrections in which that individual acknowledges

12 he or she is not qualified under this Section for

13 reasons relating to mental health and for those

14 reasons will not receive or accept the photographic

15 identification as described in paragraph (5) of

16 subsection (c);

17 (5) is not under the influence of alcohol or any other

18 intoxicating or hallucinatory drug or substance; and

19 (6) is not prohibited by State or federal law from

20 owning or possessing a firearm.

21 (c) Paragraphs (4) and (10) of subsection (a) of Section

22 24-1 and Section 24-1.6 of the Criminal Code of 2012 do not

23 apply to currently employed or qualified retired State

24 correctional officers who meet the following conditions:

25 (1) The currently employed or qualified retired State

26 correctional officer must receive training in the use of

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1 firearms while off-duty conducted by the Illinois Law

2 Enforcement Training Standards Board and be certified as

3 having successfully completed the training by the Board.

4 The Board shall determine the amount of the training and

5 the course content for the training. The currently

6 employed or qualified retired State correctional officer

7 shall requalify for the firearms training annually at a

8 State range certified by the Illinois Law Enforcement

9 Training Standards Board. The expenses of the retraining

10 shall be paid by the currently employed or qualified

11 retired State correctional officer and moneys for the

12 costs of the requalification shall be expended at the

13 request of the Illinois Law Enforcement Training Standards

14 Board.

15 (2) The currently employed or qualified retired State

16 correctional officer shall purchase the firearm at his or

17 her own expense and shall register the firearm with the

18 Illinois State Police and with any local law enforcement

19 agencies that require the registration.

20 (3) The currently employed or qualified retired State

21 correctional officer may not carry any Department of

22 Corrections State-issued firearm while off-duty. A person

23 who violates this paragraph (3) is subject to disciplinary

24 action by the Department of Corrections.

25 (4) State correctional officers who are or were

26 discharged from employment by the Department of

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1 Corrections are not law enforcement officials after the

2 date of discharge.

3 (5) The currently employed or qualified retired State

4 correctional officer shall carry photographic

5 identification issued by the Department of Corrections

6 identifying him or her as a currently employed or

7 qualified retired State correctional officer while

8 carrying a firearm off-duty, along with a valid annual

9 firearm certificate issued by the Illinois Law Enforcement

10 Training Standards Board stating that he or she is

11 qualified to carry a concealed weapon.

12 Section 20. The County Jail Act is amended by adding

13 Section 26.1 as follows:

14 (730 ILCS 125/26.1 new)

15 Sec. 26.1. County correctional officers; off-duty

16 firearms.

17 (a) In this Section, "county correctional officer" means

18 an employee of a county sheriff's office within this State who

19 has custody and control over adult inmates in a county jail.

20 (b) In this Section, "qualified retired county

21 correctional officer" means a former county correctional

22 officer who:

23 (1) was separated from service with the county

24 sheriff's office in good standing;

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1 (2) before the separation, was authorized by law to

2 engage in or supervise the activities of prevention,

3 detection, investigation, prosecution, or incarceration of

4 any person for any violation of law;

5 (3) before the separation, served as a county

6 correctional officer for an aggregate of 10 years or more;

7 (4) has not either:

8 (A) been officially found, as the county sheriff

9 shall by rule provide, by a qualified medical

10 professional employed by the county sheriff to be

11 unqualified for reasons relating to mental health and

12 as a result of this finding will not be issued the

13 photographic identification as described in paragraph

14 (5) of subsection (c); or

15 (B) entered into an agreement with the county

16 sheriff's office from which the individual is

17 separated form service in which that individual

18 acknowledges he or she is not qualified under this

19 Section for reasons relating to mental health and for

20 those reasons will not receive or accept the

21 photographic identification as described in paragraph

22 (5) of subsection (c);

23 (5) is not under the influence of alcohol or any other

24 intoxicating or hallucinatory drug or substance; and

25 (6) is not prohibited by State or federal law from

26 receiving a firearm.

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1 (c) Paragraphs (4) and (10) of subsection (a) of Section

2 24-1 and Section 24-1.6 of the Criminal Code of 2012 do not

3 apply to currently employed or qualified retired county

4 correctional officers who meet the following conditions:

5 (1) The currently employed or qualified retired county

6 correctional officer must receive training in the use of

7 firearms while off-duty conducted by the Illinois Law

8 Enforcement Training Standards Board and be certified as

9 having successfully completed the training by the Board.

10 The Board shall determine the amount of the training and

11 the course content for the training. The currently

12 employed or qualified retired county correctional officer

13 shall requalify for the firearms training annually at a

14 State range certified by the Illinois Law Enforcement

15 Training Standards Board. The expenses of the retraining

16 shall be paid by the currently employed or qualified

17 retired county correctional officer and moneys for the

18 costs of the requalification shall be expended at the

19 request of the Illinois Law Enforcement Training Standards

20 Board.

21 (2) The currently employed or qualified retired county

22 correctional officer shall purchase the firearm at his or

23 her own expense and shall register the firearm with the

24 Illinois State Police and with any other local law

25 enforcement agencies that require the registration.

26 (3) The currently employed or qualified retired county

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LRB102 10883 RLC 16213 b

1 correctional officer may not carry any county

2 sheriff-issued firearm while off-duty. A person who

3 violates this paragraph (3) is subject to disciplinary

4 action by the county sheriff.

5 (4) County correctional officers who are or were

6 discharged from employment by the county sheriff shall no

7 longer be considered law enforcement officials and all

8 their rights as law enforcement officials shall be revoked

9 permanently.

10 (5) The currently employed or qualified retired county

11 correctional officer shall carry a photographic

12 identification issued by his or her agency identifying him

13 or her as a currently employed or qualified retired county

14 correctional officer while carrying a firearm off-duty,

15 along with a valid annual firearm certificate issued by

16 the Illinois Law Enforcement Training Standards Board

17 stating that he or she is qualified to carry a concealed

18 weapon.

19 Section 99. Effective date. This Act takes effect upon

20 becoming law.