103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1694

Introduced 2/8/2023, 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.

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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 3. The Open Meetings Act is amended by changing

5 Section 2 as follows:

6 (5 ILCS 120/2) (from Ch. 102, par. 42)

7 Sec. 2. Open meetings.

8 (a) Openness required. All meetings of public bodies shall

9 be open to the public unless excepted in subsection (c) and

10 closed in accordance with Section 2a.

11 (b) Construction of exceptions. The exceptions contained

12 in subsection (c) are in derogation of the requirement that

13 public bodies meet in the open, and therefore, the exceptions

14 are to be strictly construed, extending only to subjects

15 clearly within their scope. The exceptions authorize but do

16 not require the holding of a closed meeting to discuss a

17 subject included within an enumerated exception.

18 (c) Exceptions. A public body may hold closed meetings to

19 consider the following subjects:

20 (1) The appointment, employment, compensation,

21 discipline, performance, or dismissal of specific

22 employees, specific individuals who serve as independent

23 contractors in a park, recreational, or educational

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1 setting, or specific volunteers of the public body or

2 legal counsel for the public body, including hearing

3 testimony on a complaint lodged against an employee, a

4 specific individual who serves as an independent

5 contractor in a park, recreational, or educational

6 setting, or a volunteer of the public body or against

7 legal counsel for the public body to determine its

8 validity. However, a meeting to consider an increase in

9 compensation to a specific employee of a public body that

10 is subject to the Local Government Wage Increase

11 Transparency Act may not be closed and shall be open to the

12 public and posted and held in accordance with this Act.

13 (2) Collective negotiating matters between the public

14 body and its employees or their representatives, or

15 deliberations concerning salary schedules for one or more

16 classes of employees.

17 (3) The selection of a person to fill a public office,

18 as defined in this Act, including a vacancy in a public

19 office, when the public body is given power to appoint

20 under law or ordinance, or the discipline, performance or

21 removal of the occupant of a public office, when the

22 public body is given power to remove the occupant under

23 law or ordinance.

24 (4) Evidence or testimony presented in open hearing,

25 or in closed hearing where specifically authorized by law,

26 to a quasi-adjudicative body, as defined in this Act,

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1 provided that the body prepares and makes available for

2 public inspection a written decision setting forth its

3 determinative reasoning.

4 (5) The purchase or lease of real property for the use

5 of the public body, including meetings held for the

6 purpose of discussing whether a particular parcel should

7 be acquired.

8 (6) The setting of a price for sale or lease of

9 property owned by the public body.

10 (7) The sale or purchase of securities, investments,

11 or investment contracts. This exception shall not apply to

12 the investment of assets or income of funds deposited into

13 the Illinois Prepaid Tuition Trust Fund.

14 (8) Security procedures, school building safety and

15 security, and the use of personnel and equipment to

16 respond to an actual, a threatened, or a reasonably

17 potential danger to the safety of employees, students,

18 staff, the public, or public property.

19 (9) Student disciplinary cases.

20 (10) The placement of individual students in special

21 education programs and other matters relating to

22 individual students.

23 (11) Litigation, when an action against, affecting or

24 on behalf of the particular public body has been filed and

25 is pending before a court or administrative tribunal, or

26 when the public body finds that an action is probable or

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1 imminent, in which case the basis for the finding shall be

2 recorded and entered into the minutes of the closed

3 meeting.

4 (12) The establishment of reserves or settlement of

5 claims as provided in the Local Governmental and

6 Governmental Employees Tort Immunity Act, if otherwise the

7 disposition of a claim or potential claim might be

8 prejudiced, or the review or discussion of claims, loss or

9 risk management information, records, data, advice or

10 communications from or with respect to any insurer of the

11 public body or any intergovernmental risk management

12 association or self insurance pool of which the public

13 body is a member.

14 (13) Conciliation of complaints of discrimination in

15 the sale or rental of housing, when closed meetings are

16 authorized by the law or ordinance prescribing fair

17 housing practices and creating a commission or

18 administrative agency for their enforcement.

19 (14) Informant sources, the hiring or assignment of

20 undercover personnel or equipment, or ongoing, prior or

21 future criminal investigations, when discussed by a public

22 body with criminal investigatory responsibilities.

23 (15) Professional ethics or performance when

24 considered by an advisory body appointed to advise a

25 licensing or regulatory agency on matters germane to the

26 advisory body's field of competence.

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1 (16) Self evaluation, practices and procedures or

2 professional ethics, when meeting with a representative of

3 a statewide association of which the public body is a

4 member.

5 (17) The recruitment, credentialing, discipline or

6 formal peer review of physicians or other health care

7 professionals, or for the discussion of matters protected

8 under the federal Patient Safety and Quality Improvement

9 Act of 2005, and the regulations promulgated thereunder,

10 including 42 C.F.R. Part 3 (73 FR 70732), or the federal

11 Health Insurance Portability and Accountability Act of

12 1996, and the regulations promulgated thereunder,

13 including 45 C.F.R. Parts 160, 162, and 164, by a

14 hospital, or other institution providing medical care,

15 that is operated by the public body.

16 (18) Deliberations for decisions of the Prisoner

17 Review Board.

18 (19) Review or discussion of applications received

19 under the Experimental Organ Transplantation Procedures

20 Act.

21 (20) The classification and discussion of matters

22 classified as confidential or continued confidential by

23 the State Government Suggestion Award Board.

24 (21) Discussion of minutes of meetings lawfully closed

25 under this Act, whether for purposes of approval by the

26 body of the minutes or semi-annual review of the minutes

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1 as mandated by Section 2.06.

2 (22) Deliberations for decisions of the State

3 Emergency Medical Services Disciplinary Review Board.

4 (23) The operation by a municipality of a municipal

5 utility or the operation of a municipal power agency or

6 municipal natural gas agency when the discussion involves

7 (i) contracts relating to the purchase, sale, or delivery

8 of electricity or natural gas or (ii) the results or

9 conclusions of load forecast studies.

10 (24) Meetings of a residential health care facility

11 resident sexual assault and death review team or the

12 Executive Council under the Abuse Prevention Review Team

13 Act.

14 (25) Meetings of an independent team of experts under

15 Brian's Law.

16 (26) Meetings of a mortality review team appointed

17 under the Department of Juvenile Justice Mortality Review

18 Team Act.

19 (27) (Blank).

20 (28) Correspondence and records (i) that may not be

21 disclosed under Section 11-9 of the Illinois Public Aid

22 Code or (ii) that pertain to appeals under Section 11-8 of

23 the Illinois Public Aid Code.

24 (29) Meetings between internal or external auditors

25 and governmental audit committees, finance committees, and

26 their equivalents, when the discussion involves internal

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1 control weaknesses, identification of potential fraud risk

2 areas, known or suspected frauds, and fraud interviews

3 conducted in accordance with generally accepted auditing

4 standards of the United States of America.

5 (30) Those meetings or portions of meetings of a

6 fatality review team or the Illinois Fatality Review Team

7 Advisory Council during which a review of the death of an

8 eligible adult in which abuse or neglect is suspected,

9 alleged, or substantiated is conducted pursuant to Section

10 15 of the Adult Protective Services Act.

11 (31) Meetings and deliberations for decisions of the

12 Concealed Carry Licensing Review Board under the Firearm

13 Concealed Carry Act.

14 (32) Meetings between the Regional Transportation

15 Authority Board and its Service Boards when the discussion

16 involves review by the Regional Transportation Authority

17 Board of employment contracts under Section 28d of the

18 Metropolitan Transit Authority Act and Sections 3A.18 and

19 3B.26 of the Regional Transportation Authority Act.

20 (33) Those meetings or portions of meetings of the

21 advisory committee and peer review subcommittee created

22 under Section 320 of the Illinois Controlled Substances

23 Act during which specific controlled substance prescriber,

24 dispenser, or patient information is discussed.

25 (34) Meetings of the Tax Increment Financing Reform

26 Task Force under Section 2505-800 of the Department of

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1 Revenue Law of the Civil Administrative Code of Illinois.

2 (35) Meetings of the group established to discuss

3 Medicaid capitation rates under Section 5-30.8 of the

4 Illinois Public Aid Code.

5 (36) Those deliberations or portions of deliberations

6 for decisions of the Illinois Gaming Board in which there

7 is discussed any of the following: (i) personal,

8 commercial, financial, or other information obtained from

9 any source that is privileged, proprietary, confidential,

10 or a trade secret; or (ii) information specifically

11 exempted from the disclosure by federal or State law.

12 (37) Deliberations for decisions of the Illinois Law

13 Enforcement Training Standards Board, the Certification

14 Review Panel, and the Illinois State Police Merit Board

15 regarding certification and decertification.

16 (38) Meetings of the Ad Hoc Statewide Domestic

17 Violence Fatality Review Committee of the Illinois

18 Criminal Justice Information Authority Board that occur in

19 closed executive session under subsection (d) of Section

20 35 of the Domestic Violence Fatality Review Act.

21 (39) Meetings of the regional review teams under

22 subsection (a) of Section 75 of the Domestic Violence

23 Fatality Review Act.

24 (40) Meetings of the Firearm Owner's Identification

25 Card Review Board under Section 10 of the Firearm Owners

26 Identification Card Act before the effective date of this

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1 amendatory Act of the 103rd General Assembly.

2 (d) Definitions. For purposes of this Section:

3 "Employee" means a person employed by a public body whose

4 relationship with the public body constitutes an

5 employer-employee relationship under the usual common law

6 rules, and who is not an independent contractor.

7 "Public office" means a position created by or under the

8 Constitution or laws of this State, the occupant of which is

9 charged with the exercise of some portion of the sovereign

10 power of this State. The term "public office" shall include

11 members of the public body, but it shall not include

12 organizational positions filled by members thereof, whether

13 established by law or by a public body itself, that exist to

14 assist the body in the conduct of its business.

15 "Quasi-adjudicative body" means an administrative body

16 charged by law or ordinance with the responsibility to conduct

17 hearings, receive evidence or testimony and make

18 determinations based thereon, but does not include local

19 electoral boards when such bodies are considering petition

20 challenges.

21 (e) Final action. No final action may be taken at a closed

22 meeting. Final action shall be preceded by a public recital of

23 the nature of the matter being considered and other

24 information that will inform the public of the business being

25 conducted.

26 (Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19;

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1 101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff.

2 8-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)

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

4 changing Section 7.5 as follows:

5 (5 ILCS 140/7.5)

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

7 by the statutes referenced below, the following shall be

8 exempt from inspection and copying:

9 (a) All information determined to be confidential

10 under Section 4002 of the Technology Advancement and

11 Development Act.

12 (b) Library circulation and order records identifying

13 library users with specific materials under the Library

14 Records Confidentiality Act.

15 (c) Applications, related documents, and medical

16 records received by the Experimental Organ Transplantation

17 Procedures Board and any and all documents or other

18 records prepared by the Experimental Organ Transplantation

19 Procedures Board or its staff relating to applications it

20 has received.

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

22 Public Health and its authorized representatives relating

23 to known or suspected cases of sexually transmissible

24 disease or any information the disclosure of which is

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1 restricted under the Illinois Sexually Transmissible

2 Disease Control Act.

3 (e) Information the disclosure of which is exempted

4 under Section 30 of the Radon Industry Licensing Act.

5 (f) Firm performance evaluations under Section 55 of

6 the Architectural, Engineering, and Land Surveying

7 Qualifications Based Selection Act.

8 (g) Information the disclosure of which is restricted

9 and exempted under Section 50 of the Illinois Prepaid

10 Tuition Act.

11 (h) Information the disclosure of which is exempted

12 under the State Officials and Employees Ethics Act, and

13 records of any lawfully created State or local inspector

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

15 obtained by an Executive Inspector General's office under

16 that Act.

17 (i) Information contained in a local emergency energy

18 plan submitted to a municipality in accordance with a

19 local emergency energy plan ordinance that is adopted

20 under Section 11-21.5-5 of the Illinois Municipal Code.

21 (j) Information and data concerning the distribution

22 of surcharge moneys collected and remitted by carriers

23 under the Emergency Telephone System Act.

24 (k) Law enforcement officer identification information

25 or driver identification information compiled by a law

26 enforcement agency or the Department of Transportation

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1 under Section 11-212 of the Illinois Vehicle Code.

2 (l) Records and information provided to a residential

3 health care facility resident sexual assault and death

4 review team or the Executive Council under the Abuse

5 Prevention Review Team Act.

6 (m) Information provided to the predatory lending

7 database created pursuant to Article 3 of the Residential

8 Real Property Disclosure Act, except to the extent

9 authorized under that Article.

10 (n) Defense budgets and petitions for certification of

11 compensation and expenses for court appointed trial

12 counsel as provided under Sections 10 and 15 of the

13 Capital Crimes Litigation Act. This subsection (n) shall

14 apply until the conclusion of the trial of the case, even

15 if the prosecution chooses not to pursue the death penalty

16 prior to trial or sentencing.

17 (o) Information that is prohibited from being

18 disclosed under Section 4 of the Illinois Health and

19 Hazardous Substances Registry Act.

20 (p) Security portions of system safety program plans,

21 investigation reports, surveys, schedules, lists, data, or

22 information compiled, collected, or prepared by or for the

23 Department of Transportation under Sections 2705-300 and

24 2705-616 of the Department of Transportation Law of the

25 Civil Administrative Code of Illinois, the Regional

26 Transportation Authority under Section 2.11 of the

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1 Regional Transportation Authority Act, or the St. Clair

2 County Transit District under the Bi-State Transit Safety

3 Act.

4 (q) Information prohibited from being disclosed by the

5 Personnel Record Review Act.

6 (r) Information prohibited from being disclosed by the

7 Illinois School Student Records Act.

8 (s) Information the disclosure of which is restricted

9 under Section 5-108 of the Public Utilities Act.

10 (t) All identified or deidentified health information

11 in the form of health data or medical records contained

12 in, stored in, submitted to, transferred by, or released

13 from the Illinois Health Information Exchange, and

14 identified or deidentified health information in the form

15 of health data and medical records of the Illinois Health

16 Information Exchange in the possession of the Illinois

17 Health Information Exchange Office due to its

18 administration of the Illinois Health Information

19 Exchange. The terms "identified" and "deidentified" shall

20 be given the same meaning as in the Health Insurance

21 Portability and Accountability Act of 1996, Public Law

22 104-191, or any subsequent amendments thereto, and any

23 regulations promulgated thereunder.

24 (u) Records and information provided to an independent

25 team of experts under the Developmental Disability and

26 Mental Health Safety Act (also known as Brian's Law).

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1 (v) Names and information of people who have applied

2 for or received Firearm Owner's Identification Cards under

3 the Firearm Owners Identification Card Act before the

4 effective date of this amendatory Act of the 103rd General

5 Assembly or applied for or received a concealed carry

6 license under the Firearm Concealed Carry Act, unless

7 otherwise authorized by the Firearm Concealed Carry Act;

8 and databases under the Firearm Concealed Carry Act,

9 records of the Concealed Carry Licensing Review Board

10 under the Firearm Concealed Carry Act, and law enforcement

11 agency objections under the Firearm Concealed Carry Act.

12 (v-5) Records of the Firearm Owner's Identification

13 Card Review Board that were ~~are~~ exempted from disclosure

14 under Section 10 of the Firearm Owners Identification Card

15 Act before the effective date of this amendatory Act of

16 the 103rd General Assembly.

17 (w) Personally identifiable information which is

18 exempted from disclosure under subsection (g) of Section

19 19.1 of the Toll Highway Act.

20 (x) Information which is exempted from disclosure

21 under Section 5-1014.3 of the Counties Code or Section

22 8-11-21 of the Illinois Municipal Code.

23 (y) Confidential information under the Adult

24 Protective Services Act and its predecessor enabling

25 statute, the Elder Abuse and Neglect Act, including

26 information about the identity and administrative finding

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1 against any caregiver of a verified and substantiated

2 decision of abuse, neglect, or financial exploitation of

3 an eligible adult maintained in the Registry established

4 under Section 7.5 of the Adult Protective Services Act.

5 (z) Records and information provided to a fatality

6 review team or the Illinois Fatality Review Team Advisory

7 Council under Section 15 of the Adult Protective Services

8 Act.

9 (aa) Information which is exempted from disclosure

10 under Section 2.37 of the Wildlife Code.

11 (bb) Information which is or was prohibited from

12 disclosure by the Juvenile Court Act of 1987.

13 (cc) Recordings made under the Law Enforcement

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

15 authorized under that Act.

16 (dd) Information that is prohibited from being

17 disclosed under Section 45 of the Condominium and Common

18 Interest Community Ombudsperson Act.

19 (ee) Information that is exempted from disclosure

20 under Section 30.1 of the Pharmacy Practice Act.

21 (ff) Information that is exempted from disclosure

22 under the Revised Uniform Unclaimed Property Act.

23 (gg) Information that is prohibited from being

24 disclosed under Section 7-603.5 of the Illinois Vehicle

25 Code.

26 (hh) Records that are exempt from disclosure under

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1 Section 1A-16.7 of the Election Code.

2 (ii) Information which is exempted from disclosure

3 under Section 2505-800 of the Department of Revenue Law of

4 the Civil Administrative Code of Illinois.

5 (jj) Information and reports that are required to be

6 submitted to the Department of Labor by registering day

7 and temporary labor service agencies but are exempt from

8 disclosure under subsection (a-1) of Section 45 of the Day

9 and Temporary Labor Services Act.

10 (kk) Information prohibited from disclosure under the

11 Seizure and Forfeiture Reporting Act.

12 (ll) Information the disclosure of which is restricted

13 and exempted under Section 5-30.8 of the Illinois Public

14 Aid Code.

15 (mm) Records that are exempt from disclosure under

16 Section 4.2 of the Crime Victims Compensation Act.

17 (nn) Information that is exempt from disclosure under

18 Section 70 of the Higher Education Student Assistance Act.

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

20 arising out of a peer support counseling session

21 prohibited from disclosure under the First Responders

22 Suicide Prevention Act.

23 (pp) Names and all identifying information relating to

24 an employee of an emergency services provider or law

25 enforcement agency under the First Responders Suicide

26 Prevention Act.

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

2 Public Health and its authorized representatives collected

3 under the Reproductive Health Act.

4 (rr) Information that is exempt from disclosure under

5 the Cannabis Regulation and Tax Act.

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

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

8 Human Rights Act.

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

10 Center Act, except to the extent authorized under that

11 Act.

12 (uu) Information that is exempt from disclosure under

13 Section 50 of the Sexual Assault Evidence Submission Act.

14 (vv) Information that is exempt from disclosure under

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

16 Public Aid Code.

17 (ww) Information that is exempt from disclosure under

18 Section 16.8 of the State Treasurer Act.

19 (xx) Information that is exempt from disclosure or

20 information that shall not be made public under the

21 Illinois Insurance Code.

22 (yy) Information prohibited from being disclosed under

23 the Illinois Educational Labor Relations Act.

24 (zz) Information prohibited from being disclosed under

25 the Illinois Public Labor Relations Act.

26 (aaa) Information prohibited from being disclosed

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

2 (bbb) Information that is prohibited from disclosure

3 by the Illinois Police Training Act and the Illinois State

4 Police Act.

5 (ccc) Records exempt from disclosure under Section

6 2605-304 of the Illinois State Police Law of the Civil

7 Administrative Code of Illinois.

8 (ddd) Information prohibited from being disclosed

9 under Section 35 of the Address Confidentiality for

10 Victims of Domestic Violence, Sexual Assault, Human

11 Trafficking, or Stalking Act.

12 (eee) Information prohibited from being disclosed

13 under subsection (b) of Section 75 of the Domestic

14 Violence Fatality Review Act.

15 (fff) Images from cameras under the Expressway Camera

16 Act. This subsection (fff) is inoperative on and after

17 July 1, 2023.

18 (ggg) Information prohibited from disclosure under

19 paragraph (3) of subsection (a) of Section 14 of the Nurse

20 Agency Licensing Act.

21 (hhh) Information submitted to the Department of State

22 Police in an affidavit or application for an assault

23 weapon endorsement, assault weapon attachment endorsement,

24 .50 caliber rifle endorsement, or .50 caliber cartridge

25 endorsement ~~under the Firearm Owners Identification Card~~

26 ~~Act~~.

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1 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;

2 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.

3 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,

4 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;

5 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.

6 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,

7 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;

8 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.

9 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)

10 Section 5.5. The Illinois TRUST Act is amended by changing

11 Section 15 as follows:

12 (5 ILCS 805/15)

13 Sec. 15. Prohibition on enforcing federal civil

14 immigration laws.

15 (a) A law enforcement agency or law enforcement official

16 shall not detain or continue to detain any individual solely

17 on the basis of any immigration detainer or civil immigration

18 warrant or otherwise comply with an immigration detainer or

19 civil immigration warrant.

20 (b) A law enforcement agency or law enforcement official

21 shall not stop, arrest, search, detain, or continue to detain

22 a person solely based on an individual's citizenship or

23 immigration status.

24 (c) (Blank).

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1 (d) A law enforcement agency or law enforcement official

2 acting in good faith in compliance with this Section who

3 releases a person subject to an immigration detainer or civil

4 immigration warrant shall have immunity from any civil or

5 criminal liability that might otherwise occur as a result of

6 making the release, with the exception of willful or wanton

7 misconduct.

8 (e) A law enforcement agency or law enforcement official

9 may not inquire about or investigate the citizenship or

10 immigration status or place of birth of any individual in the

11 agency or official's custody or who has otherwise been stopped

12 or detained by the agency or official. Nothing in this

13 subsection shall be construed to limit the ability of a law

14 enforcement agency or law enforcement official, pursuant to

15 State or federal law, to notify a person in the law enforcement

16 agency's custody about that person's right to communicate with

17 consular officers from that person's country of nationality,

18 or facilitate such communication, in accordance with the

19 Vienna Convention on Consular Relations or other bilateral

20 agreements. Nothing in this subsection shall be construed to

21 limit the ability of a law enforcement agency or law

22 enforcement official to request evidence of citizenship or

23 immigration status pursuant to ~~the Firearm Owners~~

24 ~~Identification Card Act,~~ the Firearm Concealed Carry Act,

25 Article 24 of the Criminal Code of 2012, or 18 United States

26 Code Sections 921 through 931.

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1 (f) Unless otherwise limited by federal law, a law

2 enforcement agency or law enforcement official may not deny

3 services, benefits, privileges, or opportunities to an

4 individual in custody or under probation status, including,

5 but not limited to, eligibility for or placement in a lower

6 custody classification, educational, rehabilitative, or

7 diversionary programs, on the basis of the individual's

8 citizenship or immigration status, the issuance of an

9 immigration detainer or civil immigration warrant against the

10 individual, or the individual being in immigration removal

11 proceedings.

12 (g)(1) No law enforcement agency, law enforcement

13 official, or any unit of State or local government may enter

14 into or renew any contract, intergovernmental service

15 agreement, or any other agreement to house or detain

16 individuals for federal civil immigration violations.

17 (2) Any law enforcement agency, law enforcement official,

18 or unit of State or local government with an existing

19 contract, intergovernmental agreement, or other agreement,

20 whether in whole or in part, that is utilized to house or

21 detain individuals for civil immigration violations shall

22 exercise the termination provision in the agreement as applied

23 to housing or detaining individuals for civil immigration

24 violations no later than January 1, 2022.

25 (h) Unless presented with a federal criminal warrant, or

26 otherwise required by federal law, a law enforcement agency or

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1 official may not:

2 (1) participate, support, or assist in any capacity

3 with an immigration agent's enforcement operations,

4 including any collateral assistance such as coordinating

5 an arrest in a courthouse or other public facility,

6 providing use of any equipment, transporting any

7 individuals, or establishing a security or traffic

8 perimeter surrounding such operations, or any other

9 on-site support;

10 (2) give any immigration agent access, including by

11 telephone, to any individual who is in that agency's

12 custody;

13 (3) transfer any person into an immigration agent's

14 custody;

15 (4) permit immigration agents use of agency facilities

16 or equipment, including any agency electronic databases

17 not available to the public, for investigative interviews

18 or other investigative or immigration enforcement purpose;

19 (5) enter into or maintain any agreement regarding

20 direct access to any electronic database or other

21 data-sharing platform maintained by any law enforcement

22 agency, or otherwise provide such direct access to the

23 U.S. Immigration and Customs Enforcement, United States

24 Customs and Border Protection or any other federal entity

25 enforcing civil immigration violations;

26 (6) provide information in response to any immigration

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1 agent's inquiry or request for information regarding any

2 individual in the agency's custody; or

3 (7) provide to any immigration agent information not

4 otherwise available to the public relating to an

5 individual's release or contact information, or otherwise

6 facilitate for an immigration agent to apprehend or

7 question an individual for immigration enforcement.

8 (i) Nothing in this Section shall preclude a law

9 enforcement official from otherwise executing that official's

10 duties in investigating violations of criminal law and

11 cooperating in such investigations with federal and other law

12 enforcement agencies (including criminal investigations

13 conducted by federal Homeland Security Investigations (HSI))

14 in order to ensure public safety.

15 (Source: P.A. 102-234, eff. 8-2-21; revised 9-14-22.)

16 Section 6. The Gun Trafficking Information Act is amended

17 by changing Section 10-5 as follows:

18 (5 ILCS 830/10-5)

19 Sec. 10-5. Gun trafficking information.

20 (a) The Illinois State Police shall use all reasonable

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

22 basis, key information related to firearms used in the

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

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

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1 the crimes occurred, the number of persons killed or injured

2 in the commission of the crimes, the state where the firearms

3 used originated, the Federal Firearms Licensee that sold the

4 firearm, the type of firearms used, ~~annual statistical~~

5 ~~information concerning Firearm Owner's Identification Card~~ and

6 concealed carry license applications, revocations, ~~and~~

7 ~~compliance with Section 9.5 of the Firearm Owners~~

8 ~~Identification Card Act,~~ firearm restraining order

9 dispositions, and firearm dealer license certification

10 inspections. The Illinois State Police shall make the

11 information available on its website, which may be presented

12 in a dashboard format, in addition to electronically filing a

13 report with the Governor and the General Assembly. The report

14 to the General Assembly shall be filed with the Clerk of the

15 House of Representatives and the Secretary of the Senate in

16 electronic form only, in the manner that the Clerk and the

17 Secretary shall direct.

18 (b) (Blank). ~~The Illinois State Police shall study, on a~~

19 ~~regular and ongoing basis, and compile reports on the number~~

20 ~~of Firearm Owner's Identification Card checks to determine~~

21 ~~firearms trafficking or straw purchase patterns. The Illinois~~

22 ~~State Police shall, to the extent not inconsistent with law,~~

23 ~~share such reports and underlying data with academic centers,~~

24 ~~foundations, and law enforcement agencies studying firearms~~

25 ~~trafficking, provided that personally identifying information~~

26 ~~is protected. For purposes of this subsection (b), a Firearm~~

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1 ~~Owner's Identification Card number is not personally~~

2 ~~identifying information, provided that no other personal~~

3 ~~information of the card holder is attached to the record. The~~

4 ~~Illinois State Police may create and attach an alternate~~

5 ~~unique identifying number to each Firearm Owner's~~

6 ~~Identification Card number, instead of releasing the Firearm~~

7 ~~Owner's Identification Card number itself.~~

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

9 State shall, to the extent not inconsistent with law,

10 cooperate fully with the Illinois State Police and furnish the

11 Illinois State Police with all relevant information and

12 assistance on a timely basis as is necessary to accomplish the

13 purpose of this Act. The Illinois Criminal Justice Information

14 Authority shall submit the information required in subsection

15 (a) of this Section to the Illinois State Police, and any other

16 information as the Illinois State Police may request, to

17 assist the Illinois State Police in carrying out its duties

18 under this Act.

19 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

20 102-813, eff. 5-13-22.)

21 Section 7. The First Responders Suicide Prevention Act is

22 amended by changing Section 40 as follows:

23 (5 ILCS 840/40)

24 Sec. 40. Task Force recommendations.

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1 (a) Task Force members shall recommend that agencies and

2 organizations guarantee access to mental health and wellness

3 services, including, but not limited to, peer support programs

4 and providing ongoing education related to the ever-evolving

5 concept of mental health wellness. These recommendations could

6 be accomplished by:

7 (1) Revising agencies' and organizations' employee

8 assistance programs (EAPs).

9 (2) Urging health care providers to replace outdated

10 healthcare plans and include more progressive options

11 catering to the needs and disproportionate risks

12 shouldered by our first responders.

13 (3) Allocating funding or resources for public service

14 announcements (PSA) and messaging campaigns aimed at

15 raising awareness of available assistance options.

16 (4) Encouraging agencies and organizations to attach

17 lists of all available resources to training manuals and

18 continuing education requirements.

19 (b) Task Force members shall recommend agencies and

20 organizations sponsor or facilitate first responders with

21 specialized training in the areas of psychological fitness,

22 depressive disorders, early detection, and mitigation best

23 practices. Such trainings could be accomplished by:

24 (1) Assigning, appointing, or designating one member

25 of an agency or organization to attend specialized

26 training(s) sponsored by an accredited agency,

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1 association, or organization recognized in their fields of

2 study.

3 (2) Seeking sponsorships or conducting fund-raisers,

4 to host annual or semiannual on-site visits from qualified

5 clinicians or physicians to provide early detection

6 training techniques, or to provide regular access to

7 mental health professionals.

8 (3) Requiring a minimum number of hours of disorders

9 and wellness training be incorporated into reoccurring,

10 annual or biannual training standards, examinations, and

11 curriculums, taking into close consideration respective

12 agency or organization size, frequency, and number of all

13 current federal and state mandatory examinations and

14 trainings expected respectively.

15 (4) Not underestimating the crucial importance of a

16 balanced diet, sleep, mindfulness-based stress reduction

17 techniques, moderate and vigorous intensity activities,

18 and recreational hobbies, which have been scientifically

19 proven to play a major role in brain health and mental

20 wellness.

21 (c) Task Force members shall recommend that administrators

22 and leadership personnel solicit training services from

23 evidence-based, data driven organizations. Organizations with

24 personnel trained on the analytical review and interpretation

25 of specific fields related to the nature of first responders'

26 exploits, such as PTSD, substance abuse, chronic state of

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1 duress. Task Force members shall further recommend funding for

2 expansion and messaging campaigns of preliminary

3 self-diagnosing technologies like the one described above.

4 These objectives could be met by:

5 (1) Contacting an accredited agency, association, or

6 organization recognized in the field or fields of specific

7 study. Unbeknownst to the majority, many of the agencies

8 and organizations listed above receive grants and

9 allocations to assist communities with the very issues

10 being discussed in this Section.

11 (2) Normalizing help-seeking behaviors for both first

12 responders and their families through regular messaging

13 and peer support outreach, beginning with academy

14 curricula and continuing education throughout individuals'

15 careers.

16 (3) Funding and implementing PSA campaigns that

17 provide clear and concise calls to action about mental

18 health and wellness, resiliency, help-seeking, treatment,

19 and recovery.

20 (4) Promoting and raising awareness of not-for-profit

21 ~~non-for-profit~~ organizations currently available to assist

22 individuals in search of care and treatment. Organizations

23 have intuitive user-friendly sites, most of which have

24 mobile applications, so first responders can access at a

25 moment's notice. However, because of limited funds, these

26 organizations have a challenging time of getting the word

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1 out there about their existence.

2 (5) Expanding Family and Medical Leave Act protections

3 for individuals voluntarily seeking preventative

4 treatment.

5 (6) Promoting and ensuring complete patient

6 confidentiality protections.

7 (d) Task Force members shall recommend that agencies and

8 organizations incorporate the following training components

9 into already existing modules and educational curriculums.

10 Doing so could be done by:

11 (1) Bolstering academy and school curricula by

12 requiring depressive disorder training catered to PTSD,

13 substance abuse, and early detection techniques training,

14 taking into close consideration respective agency or

15 organization size, and the frequency and number of all

16 current federal and state mandatory examinations and

17 trainings expected respectively.

18 (2) Continuing to allocate or match federal and state

19 funds to maintain Mobile ~~Mobil~~ Training Units (MTUs).

20 (3) Incorporating a state certificate for peer support

21 training into already exiting statewide curriculums and

22 mandatory examinations, annual State Fire Marshal

23 examinations, and physical fitness examinations. The

24 subject matter of the certificate should have an emphasis

25 on mental health and wellness, as well as familiarization

26 with topics ranging from clinical social work, clinical

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1 psychology, clinical behaviorist, and clinical psychiatry.

2 (4) Incorporating and performing statewide mental

3 health check-ins during the same times as already mandated

4 trainings. These checks are not to be compared or used as

5 measures of fitness for duty evaluations or structured

6 psychological examinations.

7 (5) Recommending comprehensive and evidence-based

8 training on the importance of preventative measures on the

9 topics of sleep, nutrition, mindfulness, and physical

10 movement.

11 (6) (Blank). ~~Law enforcement agencies should provide~~

12 ~~training on the Firearm Owner's Identification Card Act,~~

13 ~~including seeking relief from the Illinois State Police~~

14 ~~under Section 10 of the Firearm Owners Identification Card~~

15 ~~Act and a FOID card being a continued condition of~~

16 ~~employment under Section 7.2 of the Uniform Peace~~

17 ~~Officers' Disciplinary Act.~~

18 (Source: P.A. 102-352, eff. 6-1-22; revised 8-8-22.)

19 Section 10. The Illinois State Police Law of the Civil

20 Administrative Code of Illinois is amended by changing

21 Sections 2605-10, 2605-45, 2605-200, and 2605-595 as follows:

22 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)

23 Sec. 2605-10. Powers and duties, generally.

24 (a) The Illinois State Police shall exercise the rights,

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1 powers, and duties that have been vested in the Illinois State

2 Police by the following:

3 The Illinois State Police Act.

4 The Illinois State Police Radio Act.

5 The Criminal Identification Act.

6 The Illinois Vehicle Code.

7 ~~The Firearm Owners Identification Card Act.~~

8 The Firearm Concealed Carry Act.

9 The Gun Dealer Licensing Act.

10 The Intergovernmental Missing Child Recovery Act of 1984.

11 The Intergovernmental Drug Laws Enforcement Act.

12 The Narcotic Control Division Abolition Act.

13 (b) The Illinois State Police shall have the powers and

14 duties set forth in the following Sections.

15 (Source: P.A. 102-538, eff. 8-20-21.)

16 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)

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

18 of Justice Services shall exercise the following functions:

19 (1) Operate and maintain the Law Enforcement Agencies

20 Data System (LEADS), a statewide, computerized

21 telecommunications system designed to provide services,

22 information, and capabilities to the law enforcement and

23 criminal justice community in the State of Illinois. The

24 Director is responsible for establishing policy,

25 procedures, and regulations consistent with State and

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1 federal rules, policies, and law by which LEADS operates.

2 The Director shall designate a statewide LEADS

3 Administrator for management of the system. The Director

4 may appoint a LEADS Advisory Policy Board to reflect the

5 needs and desires of the law enforcement and criminal

6 justice community and to make recommendations concerning

7 policies and procedures.

8 (2) Pursue research and the publication of studies

9 pertaining to local law enforcement activities.

10 (3) Serve as the State's point of contact for the

11 Federal Bureau of Investigation's Uniform Crime Reporting

12 Program and National Incident-Based Reporting System.

13 (4) Operate an electronic data processing and computer

14 center for the storage and retrieval of data pertaining to

15 criminal activity.

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

17 the Illinois State Police by the Cannabis Regulation and

18 Tax Act and the Compassionate Use of Medical Cannabis

19 Program Act.

20 (6) (Blank).

21 (6.5) (Blank). ~~Exercise the rights, powers, and duties~~

22 ~~vested in the Illinois State Police by the Firearm Owners~~

23 ~~Identification Card Act, the Firearm Concealed Carry Act,~~

24 ~~and the Firearm Dealer License Certification Act.~~

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

26 Director to fulfill the responsibilities and achieve the

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1 purposes of the Illinois State Police.

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

3 law in the Illinois State Police by the Criminal

4 Identification Act.

5 (9) Exercise the powers and perform the duties that

6 have been vested in the Illinois State Police by the Sex

7 Offender Registration Act and the Sex Offender Community

8 Notification Law and adopt reasonable rules necessitated

9 thereby.

10 (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)

11 (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)

12 Sec. 2605-200. Investigations of crime; enforcement of

13 laws; records; crime laboratories; personnel.

14 (a) To do the following:

15 (1) Investigate the origins, activities, personnel,

16 and incidents of crime and the ways and means to redress

17 the victims of crimes; study the impact, if any, of

18 legislation relative to the effusion of crime and growing

19 crime rates; and enforce the criminal laws of this State

20 related thereto.

21 (2) Enforce all laws regulating the production, sale,

22 prescribing, manufacturing, administering, transporting,

23 having in possession, dispensing, delivering,

24 distributing, or use of controlled substances and

25 cannabis.

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1 (3) Employ skilled experts, scientists, technicians,

2 investigators, or otherwise specially qualified persons to

3 aid in preventing or detecting crime, apprehending

4 criminals, or preparing and presenting evidence of

5 violations of the criminal laws of the State.

6 (4) Cooperate with the police of cities, villages, and

7 incorporated towns and with the police officers of any

8 county in enforcing the laws of the State and in making

9 arrests and recovering property.

10 (5) Apprehend and deliver up any person charged in

11 this State or any other state of the United States with

12 treason or a felony or other crime who has fled from

13 justice and is found in this State.

14 (6) Conduct other investigations as provided by law.

15 (7) Be a central repository and custodian of criminal

16 statistics for the State.

17 (8) Be a central repository for criminal history

18 record information.

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

20 necessary and helpful to plan programs of crime

21 prevention, law enforcement, and criminal justice.

22 (10) Procure and file for record copies of

23 fingerprints that may be required by law.

24 (11) Establish general and field crime laboratories.

25 (12) (Blank). ~~Register and file for record information~~

26 ~~that may be required by law for the issuance of firearm~~

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1 ~~owner's identification cards under the Firearm Owners~~

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

3 ~~the Firearm Concealed Carry Act.~~

4 (13) Employ laboratory technicians and other specially

5 qualified persons to aid in the identification of criminal

6 activity and the identification, collection, and recovery

7 of cyber forensics, including but not limited to digital

8 evidence, and may employ polygraph operators.

9 (14) Undertake other identification, information,

10 laboratory, statistical, or registration activities that

11 may be required by law.

12 (b) Persons exercising the powers set forth in subsection

13 (a) within the Illinois State Police are conservators of the

14 peace and as such have all the powers possessed by policemen in

15 cities and sheriffs, except that they may exercise those

16 powers anywhere in the State in cooperation with and after

17 contact with the local law enforcement officials. Those

18 persons may use false or fictitious names in the performance

19 of their duties under this Section, upon approval of the

20 Director, and shall not be subject to prosecution under the

21 criminal laws for that use.

22 (Source: P.A. 102-538, eff. 8-20-21.)

23 (20 ILCS 2605/2605-595)

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

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

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1 known as the State Police Firearm Services Fund. The Fund

2 shall receive revenue under the Firearm Concealed Carry Act

3 and ~~,~~ the Firearm Dealer License Certification Act~~, and~~

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

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

6 grants, donations, appropriations, and any other legal source.

7 (a-5) Notwithstanding any other provision of law to the

8 contrary, and in addition to any other transfers that may be

9 provided by law, on the effective date of this amendatory Act

10 of the 102nd General Assembly, or as soon thereafter as

11 practical, the State Comptroller shall direct and the State

12 Treasurer shall transfer the remaining balance from the

13 Firearm Dealer License Certification Fund into the State

14 Police Firearm Services Fund. Upon completion of the transfer,

15 the Firearm Dealer License Certification Fund is dissolved,

16 and any future deposits due to that Fund and any outstanding

17 obligations or liabilities of that Fund shall pass to the

18 State Police Firearm Services Fund.

19 (b) The Illinois State Police may use moneys in the Fund to

20 finance any of its lawful purposes, mandates, functions, and

21 duties under ~~the Firearm Owners Identification Card Act,~~ the

22 Firearm Dealer License Certification Act~~,~~ and the Firearm

23 Concealed Carry Act, including the cost of sending notices of

24 expiration of ~~Firearm Owner's Identification Cards,~~ concealed

25 carry licenses, the prompt and efficient processing of

26 applications under ~~the Firearm Owners Identification Card Act~~

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1 ~~and~~ the Firearm Concealed Carry Act, the improved efficiency

2 and reporting of the LEADS and federal NICS law enforcement

3 data systems, and support for investigations required under

4 these Acts and law. Any surplus funds beyond what is needed to

5 comply with the aforementioned purposes shall be used by the

6 Illinois State Police to improve the Law Enforcement Agencies

7 Data System (LEADS) and criminal history background check

8 system.

9 (c) Investment income that is attributable to the

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

11 for the uses specified in this Section.

12 (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)

13 (20 ILCS 2605/2605-120 rep.)

14 (20 ILCS 2605/2605-304 rep.)

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

16 Civil Administrative Code of Illinois is amended by repealing

17 Sections 2605-120 and 2605-304.

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 Illinois State Police. Upon

22 judgment of conviction of a violation of Section 12-1, 12-2,

23 12-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or

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1 the Criminal Code of 2012 when the defendant has been

2 determined, pursuant to Section 112A-11.1 of the Code of

3 Criminal Procedure of 1963, to be subject to the prohibitions

4 of 18 U.S.C. 922(g)(9), the circuit court clerk shall include

5 notification and a copy of the written determination in a

6 report of the conviction to the Illinois State Police~~Firearm~~

7 ~~Owner's Identification Card Office~~to enable theIllinois

8 State Police ~~office~~ to perform its duties under the Firearm

9 Concealed Carry Act and ~~Sections 4 and 8 of the Firearm Owners~~

10 ~~Identification Card Act and to report that determination to~~

11 ~~the Federal Bureau of Investigation~~ to assist the Federal

12 Bureau of Investigationin identifying persons prohibited from

13 purchasing and possessing a firearm pursuant to the provisions

14 of 18 U.S.C. 922. The written determination described in this

15 Section shall be included in the defendant's record of arrest

16 and conviction in the manner and form prescribed by the

17 Illinois State Police.

18 (Source: P.A. 102-538, eff. 8-20-21.)

19 Section 21. The Illinois Criminal Justice Information Act

20 is amended by changing Section 7.9 as follows:

21 (20 ILCS 3930/7.9)

22 (Section scheduled to be repealed on July 1, 2027)

23 Sec. 7.9. Firearm Prohibitors and Records Improvement Task

24 Force.

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1 (a) As used in this Section, "firearms prohibitor" means

2 any factor listed in ~~Section 4 of the Firearm Owners~~

3 ~~Identification Card Act or~~ Section 24-3 or 24-3.1 of the

4 Criminal Code of 2012 that prohibits a person from

5 transferring or possessing a firearm, firearm ammunition,

6 ~~Firearm Owner's Identification Card,~~ or concealed carry

7 license.

8 (b) The Firearm Prohibitors and Records Improvement Task

9 Force is created to identify and research all available

10 grants, resources, and revenue that may be applied for and

11 used by all entities responsible for reporting federal and

12 State firearm prohibitors to the Illinois State Police and the

13 National Instant Criminal Background Check System. These ~~Under~~

14 ~~the Firearm Owners Identification Card Act, these~~ reporting

15 entities include, but are not limited to, hospitals, courts,

16 law enforcement and corrections. The Task Force shall identify

17 weaknesses in reporting and recommend a strategy to direct

18 resources and revenue to ensuring reporting is reliable,

19 accurate, and timely. The Task Force shall inventory all

20 statutorily mandated firearm and gun violence related data

21 collection and reporting requirements, along with the agency

22 responsible for collecting that data, and identify gaps in

23 those requirements. The Task Force shall submit a coordinated

24 application with and through the Illinois Criminal Justice

25 Information Authority for federal funds from the National

26 Criminal History Improvement Program and the NICS Acts Record

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1 Improvement Program. The Firearm Prohibitors and Records

2 Improvement Task Force shall be comprised of the following

3 members, all of whom shall serve without compensation:

4 (1) the Executive Director of the Illinois Criminal

5 Justice Information Authority, who shall serve as Chair;

6 (2) the Director of the Illinois State Police, or his

7 or her designee;

8 (3) the Secretary of Human Services, or his or her

9 designee;

10 (4) the Director of Corrections, or his or her

11 designee;

12 (5) the Attorney General, or his or her designee;

13 (6) the Director of the Administrative Office of the

14 Illinois Courts, or his or her designee;

15 (7) a representative of an association representing

16 circuit clerks appointed by the President of the Senate;

17 (8) a representative of an association representing

18 sheriffs appointed by the House Minority Leader;

19 (9) a representative of an association representing

20 State's Attorneys appointed by the House Minority Leader;

21 (10) a representative of an association representing

22 chiefs of police appointed by the Senate Minority Leader;

23 (11) a representative of an association representing

24 hospitals appointed by the Speaker of the House of

25 Representatives;

26 (12) a representative of an association representing

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1 counties appointed by the President of the Senate; and

2 (13) a representative of an association representing

3 municipalities appointed by the Speaker of the House of

4 Representatives.

5 (c) The Illinois Criminal Justice Information Authority

6 shall provide administrative and other support to the Task

7 Force. The Illinois State Police Division of Justice Services

8 shall also provide support to the Illinois Criminal Justice

9 Information Authority and the Task Force.

10 (d) The Task Force may meet in person or virtually and

11 shall issue a written report of its findings and

12 recommendations to General Assembly on or before July 1, 2022.

13 The Task Force shall issue an annual report, which shall

14 include information on the state of FOID data, including a

15 review of previous activity by the Task Force to close

16 previously identified gaps; identifying known (or new) gaps; a

17 proposal of policy and practice recommendations to close those

18 gaps; and a preview of expected activities of the Task Force

19 for the coming year.

20 (e) Within 60 days of the effective date of this

21 amendatory Act of the 102nd General Assembly, the Chair shall

22 establish the Task Force.

23 (f) This Section is repealed on July 1, 2027.

24 (Source: P.A. 102-237, eff. 1-1-22.)

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

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1 Sections 6z-99 and 6z-127 as follows:

2 (30 ILCS 105/6z-99)

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

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

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

6 receive revenue under the Firearm Concealed Carry Act. The

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

8 grants, donations, appropriations, and any other legal source.

9 (b) The Illinois State Police and Department of Human

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

11 their respective duties of collecting and reporting data on

12 mental health records and ensuring that mental health firearm

13 possession prohibitors are enforced as set forth under the

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

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

16 is necessary to ensure compliance with mental health reporting

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

18 Human Services for mental health treatment programs as

19 follows: (1) 50% shall be used to fund community-based mental

20 health programs aimed at reducing gun violence, community

21 integration and education, or mental health awareness and

22 prevention, including administrative costs; and (2) 50% shall

23 be used to award grants that use and promote the National

24 School Mental Health Curriculum model for school-based mental

25 health support, integration, and services.

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1 (c) Investment income that is attributable to the

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

3 for the uses specified in this Section.

4 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

5 102-813, eff. 5-13-22.)

6 (30 ILCS 105/6z-127)

7 Sec. 6z-127. State Police Revocation Enforcement Fund.

8 (a) The State Police Revocation Enforcement Fund is

9 established as a special fund in the State treasury. This Fund

10 is established to receive moneys from ~~the Firearm Owners~~

11 ~~Identification Card Act~~ to enforce ~~that Act,~~ the Firearm

12 Concealed Carry Act, Article 24 of the Criminal Code of 2012,

13 and other firearm offenses. The Fund may also receive revenue

14 from grants, donations, appropriations, and any other legal

15 source.

16 (b) The Illinois State Police may use moneys from the Fund

17 to establish task forces and, if necessary, include other law

18 enforcement agencies, under intergovernmental contracts

19 written and executed in conformity with the Intergovernmental

20 Cooperation Act.

21 (c) The Illinois State Police may use moneys in the Fund to

22 hire and train State Police officers and for the prevention of

23 violent crime.

24 (d) The State Police Revocation Enforcement Fund is not

25 subject to administrative chargebacks.

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1 (e) (Blank). ~~Law enforcement agencies that participate in~~

2 ~~Firearm Owner's Identification Card revocation enforcement in~~

3 ~~the Violent Crime Intelligence Task Force may apply for grants~~

4 ~~from the Illinois State Police.~~

5 (Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22.)

6 Section 25.5. The Illinois Procurement Code is amended by

7 changing Section 1-10 as follows:

8 (30 ILCS 500/1-10)

9 Sec. 1-10. Application.

10 (a) This Code applies only to procurements for which

11 bidders, offerors, potential contractors, or contractors were

12 first solicited on or after July 1, 1998. This Code shall not

13 be construed to affect or impair any contract, or any

14 provision of a contract, entered into based on a solicitation

15 prior to the implementation date of this Code as described in

16 Article 99, including, but not limited to, any covenant

17 entered into with respect to any revenue bonds or similar

18 instruments. All procurements for which contracts are

19 solicited between the effective date of Articles 50 and 99 and

20 July 1, 1998 shall be substantially in accordance with this

21 Code and its intent.

22 (b) This Code shall apply regardless of the source of the

23 funds with which the contracts are paid, including federal

24 assistance moneys. This Code shall not apply to:

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1 (1) Contracts between the State and its political

2 subdivisions or other governments, or between State

3 governmental bodies, except as specifically provided in

4 this Code.

5 (2) Grants, except for the filing requirements of

6 Section 20-80.

7 (3) Purchase of care, except as provided in Section

8 5-30.6 of the Illinois Public Aid Code and this Section.

9 (4) Hiring of an individual as an employee and not as

10 an independent contractor, whether pursuant to an

11 employment code or policy or by contract directly with

12 that individual.

13 (5) Collective bargaining contracts.

14 (6) Purchase of real estate, except that notice of

15 this type of contract with a value of more than $25,000

16 must be published in the Procurement Bulletin within 10

17 calendar days after the deed is recorded in the county of

18 jurisdiction. The notice shall identify the real estate

19 purchased, the names of all parties to the contract, the

20 value of the contract, and the effective date of the

21 contract.

22 (7) Contracts necessary to prepare for anticipated

23 litigation, enforcement actions, or investigations,

24 provided that the chief legal counsel to the Governor

25 shall give his or her prior approval when the procuring

26 agency is one subject to the jurisdiction of the Governor,

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1 and provided that the chief legal counsel of any other

2 procuring entity subject to this Code shall give his or

3 her prior approval when the procuring entity is not one

4 subject to the jurisdiction of the Governor.

5 (8) (Blank).

6 (9) Procurement expenditures by the Illinois

7 Conservation Foundation when only private funds are used.

8 (10) (Blank).

9 (11) Public-private agreements entered into according

10 to the procurement requirements of Section 20 of the

11 Public-Private Partnerships for Transportation Act and

12 design-build agreements entered into according to the

13 procurement requirements of Section 25 of the

14 Public-Private Partnerships for Transportation Act.

15 (12) (A) Contracts for legal, financial, and other

16 professional and artistic services entered into by the

17 Illinois Finance Authority in which the State of Illinois

18 is not obligated. Such contracts shall be awarded through

19 a competitive process authorized by the members of the

20 Illinois Finance Authority and are subject to Sections

21 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,

22 as well as the final approval by the members of the

23 Illinois Finance Authority of the terms of the contract.

24 (B) Contracts for legal and financial services entered

25 into by the Illinois Housing Development Authority in

26 connection with the issuance of bonds in which the State

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1 of Illinois is not obligated. Such contracts shall be

2 awarded through a competitive process authorized by the

3 members of the Illinois Housing Development Authority and

4 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,

5 and 50-37 of this Code, as well as the final approval by

6 the members of the Illinois Housing Development Authority

7 of the terms of the contract.

8 (13) Contracts for services, commodities, and

9 equipment to support the delivery of timely forensic

10 science services in consultation with and subject to the

11 approval of the Chief Procurement Officer as provided in

12 subsection (d) of Section 5-4-3a of the Unified Code of

13 Corrections, except for the requirements of Sections

14 20-60, 20-65, 20-70, and 20-160 and Article 50 of this

15 Code; however, the Chief Procurement Officer may, in

16 writing with justification, waive any certification

17 required under Article 50 of this Code. For any contracts

18 for services which are currently provided by members of a

19 collective bargaining agreement, the applicable terms of

20 the collective bargaining agreement concerning

21 subcontracting shall be followed.

22 On and after January 1, 2019, this paragraph (13),

23 except for this sentence, is inoperative.

24 (14) Contracts for participation expenditures required

25 by a domestic or international trade show or exhibition of

26 an exhibitor, member, or sponsor.

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1 (15) Contracts with a railroad or utility that

2 requires the State to reimburse the railroad or utilities

3 for the relocation of utilities for construction or other

4 public purpose. Contracts included within this paragraph

5 (15) shall include, but not be limited to, those

6 associated with: relocations, crossings, installations,

7 and maintenance. For the purposes of this paragraph (15),

8 "railroad" means any form of non-highway ground

9 transportation that runs on rails or electromagnetic

10 guideways and "utility" means: (1) public utilities as

11 defined in Section 3-105 of the Public Utilities Act, (2)

12 telecommunications carriers as defined in Section 13-202

13 of the Public Utilities Act, (3) electric cooperatives as

14 defined in Section 3.4 of the Electric Supplier Act, (4)

15 telephone or telecommunications cooperatives as defined in

16 Section 13-212 of the Public Utilities Act, (5) rural

17 water or waste water systems with 10,000 connections or

18 less, (6) a holder as defined in Section 21-201 of the

19 Public Utilities Act, and (7) municipalities owning or

20 operating utility systems consisting of public utilities

21 as that term is defined in Section 11-117-2 of the

22 Illinois Municipal Code.

23 (16) Procurement expenditures necessary for the

24 Department of Public Health to provide the delivery of

25 timely newborn screening services in accordance with the

26 Newborn Metabolic Screening Act.

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1 (17) Procurement expenditures necessary for the

2 Department of Agriculture, the Department of Financial and

3 Professional Regulation, the Department of Human Services,

4 and the Department of Public Health to implement the

5 Compassionate Use of Medical Cannabis Program and Opioid

6 Alternative Pilot Program requirements and ensure access

7 to medical cannabis for patients with debilitating medical

8 conditions in accordance with the Compassionate Use of

9 Medical Cannabis Program Act.

10 (18) This Code does not apply to any procurements

11 necessary for the Department of Agriculture, the

12 Department of Financial and Professional Regulation, the

13 Department of Human Services, the Department of Commerce

14 and Economic Opportunity, and the Department of Public

15 Health to implement the Cannabis Regulation and Tax Act if

16 the applicable agency has made a good faith determination

17 that it is necessary and appropriate for the expenditure

18 to fall within this exemption and if the process is

19 conducted in a manner substantially in accordance with the

20 requirements of Sections 20-160, 25-60, 30-22, 50-5,

21 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,

22 50-36, 50-37, 50-38, and 50-50 of this Code; however, for

23 Section 50-35, compliance applies only to contracts or

24 subcontracts over $100,000. Notice of each contract

25 entered into under this paragraph (18) that is related to

26 the procurement of goods and services identified in

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1 paragraph (1) through (9) of this subsection shall be

2 published in the Procurement Bulletin within 14 calendar

3 days after contract execution. The Chief Procurement

4 Officer shall prescribe the form and content of the

5 notice. Each agency shall provide the Chief Procurement

6 Officer, on a monthly basis, in the form and content

7 prescribed by the Chief Procurement Officer, a report of

8 contracts that are related to the procurement of goods and

9 services identified in this subsection. At a minimum, this

10 report shall include the name of the contractor, a

11 description of the supply or service provided, the total

12 amount of the contract, the term of the contract, and the

13 exception to this Code utilized. A copy of any or all of

14 these contracts shall be made available to the Chief

15 Procurement Officer immediately upon request. The Chief

16 Procurement Officer shall submit a report to the Governor

17 and General Assembly no later than November 1 of each year

18 that includes, at a minimum, an annual summary of the

19 monthly information reported to the Chief Procurement

20 Officer. This exemption becomes inoperative 5 years after

21 June 25, 2019 (the effective date of Public Act 101-27).

22 (19) Acquisition of modifications or adjustments,

23 limited to assistive technology devices and assistive

24 technology services, adaptive equipment, repairs, and

25 replacement parts to provide reasonable accommodations (i)

26 that enable a qualified applicant with a disability to

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1 complete the job application process and be considered for

2 the position such qualified applicant desires, (ii) that

3 modify or adjust the work environment to enable a

4 qualified current employee with a disability to perform

5 the essential functions of the position held by that

6 employee, (iii) to enable a qualified current employee

7 with a disability to enjoy equal benefits and privileges

8 of employment as are enjoyed by other similarly situated

9 employees without disabilities, and (iv) that allow a

10 customer, client, claimant, or member of the public

11 seeking State services full use and enjoyment of and

12 access to its programs, services, or benefits.

13 For purposes of this paragraph (19):

14 "Assistive technology devices" means any item, piece

15 of equipment, or product system, whether acquired

16 commercially off the shelf, modified, or customized, that

17 is used to increase, maintain, or improve functional

18 capabilities of individuals with disabilities.

19 "Assistive technology services" means any service that

20 directly assists an individual with a disability in

21 selection, acquisition, or use of an assistive technology

22 device.

23 "Qualified" has the same meaning and use as provided

24 under the federal Americans with Disabilities Act when

25 describing an individual with a disability.

26 (20) Procurement expenditures necessary for the

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1 Illinois Commerce Commission to hire third-party

2 facilitators pursuant to Sections 16-105.17 and 16-108.18

3 of the Public Utilities Act or an ombudsman pursuant to

4 Section 16-107.5 of the Public Utilities Act, a

5 facilitator pursuant to Section 16-105.17 of the Public

6 Utilities Act, or a grid auditor pursuant to Section

7 16-105.10 of the Public Utilities Act.

8 (21) Procurement expenditures for the purchase,

9 renewal, and expansion of software, software licenses, or

10 software maintenance agreements that support the efforts

11 of the Illinois State Police to enforce, regulate, and

12 administer ~~the Firearm Owners Identification Card Act,~~ the

13 Firearm Concealed Carry Act, the Firearms Restraining

14 Order Act, the Firearm Dealer License Certification Act,

15 the Law Enforcement Agencies Data System (LEADS), the

16 Uniform Crime Reporting Act, the Criminal Identification

17 Act, the Uniform Conviction Information Act, and the Gun

18 Trafficking Information Act, or establish or maintain

19 record management systems necessary to conduct human

20 trafficking investigations or gun trafficking or other

21 stolen firearm investigations. This paragraph (21) applies

22 to contracts entered into on or after the effective date

23 of this amendatory Act of the 102nd General Assembly and

24 the renewal of contracts that are in effect on the

25 effective date of this amendatory Act of the 102nd General

26 Assembly.

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1 Notwithstanding any other provision of law, for contracts

2 with an annual value of more than $100,000 entered into on or

3 after October 1, 2017 under an exemption provided in any

4 paragraph of this subsection (b), except paragraph (1), (2),

5 or (5), each State agency shall post to the appropriate

6 procurement bulletin the name of the contractor, a description

7 of the supply or service provided, the total amount of the

8 contract, the term of the contract, and the exception to the

9 Code utilized. The chief procurement officer shall submit a

10 report to the Governor and General Assembly no later than

11 November 1 of each year that shall include, at a minimum, an

12 annual summary of the monthly information reported to the

13 chief procurement officer.

14 (c) This Code does not apply to the electric power

15 procurement process provided for under Section 1-75 of the

16 Illinois Power Agency Act and Section 16-111.5 of the Public

17 Utilities Act.

18 (d) Except for Section 20-160 and Article 50 of this Code,

19 and as expressly required by Section 9.1 of the Illinois

20 Lottery Law, the provisions of this Code do not apply to the

21 procurement process provided for under Section 9.1 of the

22 Illinois Lottery Law.

23 (e) This Code does not apply to the process used by the

24 Capital Development Board to retain a person or entity to

25 assist the Capital Development Board with its duties related

26 to the determination of costs of a clean coal SNG brownfield

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1 facility, as defined by Section 1-10 of the Illinois Power

2 Agency Act, as required in subsection (h-3) of Section 9-220

3 of the Public Utilities Act, including calculating the range

4 of capital costs, the range of operating and maintenance

5 costs, or the sequestration costs or monitoring the

6 construction of clean coal SNG brownfield facility for the

7 full duration of construction.

8 (f) (Blank).

9 (g) (Blank).

10 (h) This Code does not apply to the process to procure or

11 contracts entered into in accordance with Sections 11-5.2 and

12 11-5.3 of the Illinois Public Aid Code.

13 (i) Each chief procurement officer may access records

14 necessary to review whether a contract, purchase, or other

15 expenditure is or is not subject to the provisions of this

16 Code, unless such records would be subject to attorney-client

17 privilege.

18 (j) This Code does not apply to the process used by the

19 Capital Development Board to retain an artist or work or works

20 of art as required in Section 14 of the Capital Development

21 Board Act.

22 (k) This Code does not apply to the process to procure

23 contracts, or contracts entered into, by the State Board of

24 Elections or the State Electoral Board for hearing officers

25 appointed pursuant to the Election Code.

26 (l) This Code does not apply to the processes used by the

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1 Illinois Student Assistance Commission to procure supplies and

2 services paid for from the private funds of the Illinois

3 Prepaid Tuition Fund. As used in this subsection (l), "private

4 funds" means funds derived from deposits paid into the

5 Illinois Prepaid Tuition Trust Fund and the earnings thereon.

6 (m) This Code shall apply regardless of the source of

7 funds with which contracts are paid, including federal

8 assistance moneys. Except as specifically provided in this

9 Code, this Code shall not apply to procurement expenditures

10 necessary for the Department of Public Health to conduct the

11 Healthy Illinois Survey in accordance with Section 2310-431 of

12 the Department of Public Health Powers and Duties Law of the

13 Civil Administrative Code of Illinois.

14 (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;

15 101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff

16 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,

17 eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;

18 102-1116, eff. 1-10-23.)

19 Section 26. The Intergovernmental Drug Laws Enforcement

20 Act is amended by changing Section 3 as follows:

21 (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)

22 Sec. 3. A Metropolitan Enforcement Group which meets the

23 minimum criteria established in this Section is eligible to

24 receive State grants to help defray the costs of operation. To

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1 be eligible a MEG must:

2 (1) Be established and operating pursuant to

3 intergovernmental contracts written and executed in

4 conformity with the Intergovernmental Cooperation Act, and

5 involve 2 or more units of local government.

6 (2) Establish a MEG Policy Board composed of an

7 elected official, or his designee, and the chief law

8 enforcement officer, or his designee, from each

9 participating unit of local government to oversee the

10 operations of the MEG and make such reports to the

11 Illinois State Police as the Illinois State Police may

12 require.

13 (3) Designate a single appropriate elected official of

14 a participating unit of local government to act as the

15 financial officer of the MEG for all participating units

16 of local government and to receive funds for the operation

17 of the MEG.

18 (4) Limit its operations to enforcement of drug laws;

19 enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,

20 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3,

21 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8,

22 24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code

23 of 2012; ~~Sections 2, 3, 6.1, and 14 of the Firearm Owners~~

24 ~~Identification Card Act;~~ and the investigation of

25 streetgang related offenses.

26 (5) Cooperate with the Illinois State Police in order

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1 to assure compliance with this Act and to enable the

2 Illinois State Police to fulfill its duties under this

3 Act, and supply the Illinois State Police with all

4 information the Illinois State Police deems necessary

5 therefor.

6 (6) Receive funding of at least 50% of the total

7 operating budget of the MEG from the participating units

8 of local government.

9 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

10 102-813, eff. 5-13-22.)

11 Section 30. The Peace Officer Firearm Training Act is

12 amended by changing Section 1 as follows:

13 (50 ILCS 710/1) (from Ch. 85, par. 515)

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

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

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

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

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

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

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

21 officers qualified under federal law to carry a concealed

22 weapon.

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

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

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

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

3 Criminal Code of 2012.

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

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

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

7 ~~of firearms and firearm ammunition, to provide a penalty for~~

8 ~~the violation thereof and to make an appropriation in~~

9 ~~connection therewith", approved August 3, 1967, as amended~~.

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

11 Section 35. The School Code is amended by changing

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

13 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)

14 (Text of Section before amendment by P.A. 102-466)

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

16 searches.

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

18 misconduct, including gross disobedience or misconduct

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

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

21 expulsion. Expulsion shall take place only after the parents

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

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

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

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

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

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

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

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

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

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

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

9 expulsion decision shall detail the specific reasons why

10 removing the pupil from the learning environment is in the

11 best interest of the school. The expulsion decision shall also

12 include a rationale as to the specific duration of the

13 expulsion. An expelled pupil may be immediately transferred to

14 an alternative program in the manner provided in Article 13A

15 or 13B of this Code. A pupil must not be denied transfer

16 because of the expulsion, except in cases in which such

17 transfer is deemed to cause a threat to the safety of students

18 or staff in the alternative program.

19 (b) To suspend or by policy to authorize the

20 superintendent of the district or the principal, assistant

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

22 guilty of gross disobedience or misconduct, or to suspend

23 pupils guilty of gross disobedience or misconduct on the

24 school bus from riding the school bus, pursuant to subsections

25 (b-15) and (b-20) of this Section, and no action shall lie

26 against them for such suspension. The board may by policy

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1 authorize the superintendent of the district or the principal,

2 assistant principal, or dean of students of any school to

3 suspend pupils guilty of such acts for a period not to exceed

4 10 school days. If a pupil is suspended due to gross

5 disobedience or misconduct on a school bus, the board may

6 suspend the pupil in excess of 10 school days for safety

7 reasons.

8 Any suspension shall be reported immediately to the

9 parents or guardian of a pupil along with a full statement of

10 the reasons for such suspension and a notice of their right to

11 a review. The school board must be given a summary of the

12 notice, including the reason for the suspension and the

13 suspension length. Upon request of the parents or guardian,

14 the school board or a hearing officer appointed by it shall

15 review such action of the superintendent or principal,

16 assistant principal, or dean of students. At such review, the

17 parents or guardian of the pupil may appear and discuss the

18 suspension with the board or its hearing officer. If a hearing

19 officer is appointed by the board, he shall report to the board

20 a written summary of the evidence heard at the meeting. After

21 its hearing or upon receipt of the written report of its

22 hearing officer, the board may take such action as it finds

23 appropriate. If a student is suspended pursuant to this

24 subsection (b), the board shall, in the written suspension

25 decision, detail the specific act of gross disobedience or

26 misconduct resulting in the decision to suspend. The

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1 suspension decision shall also include a rationale as to the

2 specific duration of the suspension. A pupil who is suspended

3 in excess of 20 school days may be immediately transferred to

4 an alternative program in the manner provided in Article 13A

5 or 13B of this Code. A pupil must not be denied transfer

6 because of the suspension, except in cases in which such

7 transfer is deemed to cause a threat to the safety of students

8 or staff in the alternative program.

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

10 and consequences available to school officials, school

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

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

13 and duration of expulsions and suspensions to the greatest

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

15 only for legitimate educational purposes. To ensure that

16 students are not excluded from school unnecessarily, it is

17 recommended that school officials consider forms of

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

19 suspensions or expulsions.

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

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

22 by which school administrators are required to suspend or

23 expel students for particular behaviors.

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

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

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

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1 students' learning opportunities. For purposes of this

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

3 other students' learning opportunities" shall be determined on

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

5 School officials shall make all reasonable efforts to resolve

6 such threats, address such disruptions, and minimize the

7 length of suspensions to the greatest extent practicable.

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

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

10 and disciplinary removals to alternative schools may be used

11 only if other appropriate and available behavioral and

12 disciplinary interventions have been exhausted and the

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

14 a threat to the safety of other students, staff, or members of

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

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

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

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

19 "substantially disrupt, impede, or interfere with the

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

21 basis by school officials. For purposes of this subsection

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

23 available behavioral and disciplinary interventions have been

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

25 shall make all reasonable efforts to resolve such threats,

26 address such disruptions, and minimize the length of student

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1 exclusions to the greatest extent practicable. Within the

2 suspension decision described in subsection (b) of this

3 Section or the expulsion decision described in subsection (a)

4 of this Section, it shall be documented whether other

5 interventions were attempted or whether it was determined that

6 there were no other appropriate and available interventions.

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

8 than 4 school days shall be provided appropriate and available

9 support services during the period of their suspension. For

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

11 support services" shall be determined by school authorities.

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

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

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

15 such appropriate and available services.

16 A school district may refer students who are expelled to

17 appropriate and available support services.

18 A school district shall create a policy to facilitate the

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

20 expelled, or returning from an alternative school setting.

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

22 suspended pupils, including those pupils suspended from the

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

24 shall have the opportunity to make up work for equivalent

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

26 parent or guardian to notify school officials that a pupil

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1 suspended from the school bus does not have alternate

2 transportation to school.

3 (c) A school board must invite a representative from a

4 local mental health agency to consult with the board at the

5 meeting whenever there is evidence that mental illness may be

6 the cause of a student's expulsion or suspension.

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

8 provide ongoing professional development to teachers,

9 administrators, school board members, school resource

10 officers, and staff on the adverse consequences of school

11 exclusion and justice-system involvement, effective classroom

12 management strategies, culturally responsive discipline, the

13 appropriate and available supportive services for the

14 promotion of student attendance and engagement, and

15 developmentally appropriate disciplinary methods that promote

16 positive and healthy school climates.

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

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

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

20 brought one of the following objects to school, any

21 school-sponsored activity or event, or any activity or event

22 that bears a reasonable relationship to school shall be

23 expelled for a period of not less than one year:

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

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

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

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

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

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

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

5 superintendent, and the superintendent's determination may

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

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

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

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

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

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

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

13 the superintendent, and the superintendent's determination

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

15 Expulsion or suspension shall be construed in a manner

16 consistent with the federal Individuals with Disabilities

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

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

19 transfer to an alternative school program in accordance with

20 Article 13A of the School Code.

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

22 superintendent of the district or the principal, assistant

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

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

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

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

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1 that student has been determined to have made an explicit

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

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

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

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

6 was available to third parties who worked or studied within

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

8 the threat could be reasonably interpreted as threatening to

9 the safety and security of the threatened individual because

10 of his or her duties or employment status or status as a

11 student inside the school.

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

13 authorities may inspect and search places and areas such as

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

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

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

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

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

19 Assembly finds that students have no reasonable expectation of

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

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

22 the assistance of law enforcement officials for the purpose of

23 conducting inspections and searches of lockers, desks, parking

24 lots, and other school property and equipment owned or

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

26 illegal or dangerous substances or materials, including

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1 searches conducted through the use of specially trained dogs.

2 If a search conducted in accordance with this Section produces

3 evidence that the student has violated or is violating either

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

5 such evidence may be seized by school authorities, and

6 disciplinary action may be taken. School authorities may also

7 turn over such evidence to law enforcement authorities.

8 (f) Suspension or expulsion may include suspension or

9 expulsion from school and all school activities and a

10 prohibition from being present on school grounds.

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

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

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

14 student must complete the entire term of the suspension or

15 expulsion in an alternative school program under Article 13A

16 of this Code or an alternative learning opportunities program

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

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

19 or staff in the alternative program.

20 (h) School officials shall not advise or encourage

21 students to drop out voluntarily due to behavioral or academic

22 difficulties.

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

24 disciplinary consequence, though this shall not preclude

25 requiring a student to provide restitution for lost, stolen,

26 or damaged property.

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1 (j) Subsections (a) through (i) of this Section shall

2 apply to elementary and secondary schools, charter schools,

3 special charter districts, and school districts organized

4 under Article 34 of this Code.

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

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

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

8 this Code.

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

10 suspension program provided by a school district for any

11 students in kindergarten through grade 12 may focus on

12 promoting non-violent conflict resolution and positive

13 interaction with other students and school personnel. A school

14 district may employ a school social worker or a licensed

15 mental health professional to oversee an in-school suspension

16 program in kindergarten through grade 12.

17 (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;

18 102-813, eff. 5-13-22.)

19 (Text of Section after amendment by P.A. 102-466)

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

21 searches.

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

23 misconduct, including gross disobedience or misconduct

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

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

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1 expulsion. Expulsion shall take place only after the parents

2 or guardians have been requested to appear at a meeting of the

3 board, or with a hearing officer appointed by it, to discuss

4 their child's behavior. Such request shall be made by

5 registered or certified mail and shall state the time, place

6 and purpose of the meeting. The board, or a hearing officer

7 appointed by it, at such meeting shall state the reasons for

8 dismissal and the date on which the expulsion is to become

9 effective. If a hearing officer is appointed by the board, he

10 shall report to the board a written summary of the evidence

11 heard at the meeting and the board may take such action thereon

12 as it finds appropriate. If the board acts to expel a pupil,

13 the written expulsion decision shall detail the specific

14 reasons why removing the pupil from the learning environment

15 is in the best interest of the school. The expulsion decision

16 shall also include a rationale as to the specific duration of

17 the expulsion. An expelled pupil may be immediately

18 transferred to an alternative program in the manner provided

19 in Article 13A or 13B of this Code. A pupil must not be denied

20 transfer because of the expulsion, except in cases in which

21 such transfer is deemed to cause a threat to the safety of

22 students or staff in the alternative program.

23 (b) To suspend or by policy to authorize the

24 superintendent of the district or the principal, assistant

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

26 guilty of gross disobedience or misconduct, or to suspend

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1 pupils guilty of gross disobedience or misconduct on the

2 school bus from riding the school bus, pursuant to subsections

3 (b-15) and (b-20) of this Section, and no action shall lie

4 against them for such suspension. The board may by policy

5 authorize the superintendent of the district or the principal,

6 assistant principal, or dean of students of any school to

7 suspend pupils guilty of such acts for a period not to exceed

8 10 school days. If a pupil is suspended due to gross

9 disobedience or misconduct on a school bus, the board may

10 suspend the pupil in excess of 10 school days for safety

11 reasons.

12 Any suspension shall be reported immediately to the

13 parents or guardians of a pupil along with a full statement of

14 the reasons for such suspension and a notice of their right to

15 a review. The school board must be given a summary of the

16 notice, including the reason for the suspension and the

17 suspension length. Upon request of the parents or guardians,

18 the school board or a hearing officer appointed by it shall

19 review such action of the superintendent or principal,

20 assistant principal, or dean of students. At such review, the

21 parents or guardians of the pupil may appear and discuss the

22 suspension with the board or its hearing officer. If a hearing

23 officer is appointed by the board, he shall report to the board

24 a written summary of the evidence heard at the meeting. After

25 its hearing or upon receipt of the written report of its

26 hearing officer, the board may take such action as it finds

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1 appropriate. If a student is suspended pursuant to this

2 subsection (b), the board shall, in the written suspension

3 decision, detail the specific act of gross disobedience or

4 misconduct resulting in the decision to suspend. The

5 suspension decision shall also include a rationale as to the

6 specific duration of the suspension. A pupil who is suspended

7 in excess of 20 school days may be immediately transferred to

8 an alternative program in the manner provided in Article 13A

9 or 13B of this Code. A pupil must not be denied transfer

10 because of the suspension, except in cases in which such

11 transfer is deemed to cause a threat to the safety of students

12 or staff in the alternative program.

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

14 and consequences available to school officials, school

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

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

17 and duration of expulsions and suspensions to the greatest

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

19 only for legitimate educational purposes. To ensure that

20 students are not excluded from school unnecessarily, it is

21 recommended that school officials consider forms of

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

23 suspensions or expulsions.

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

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

26 by which school administrators are required to suspend or

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1 expel students for particular behaviors.

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

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

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

5 students' learning opportunities. For purposes of this

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

7 other students' learning opportunities" shall be determined on

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

9 School officials shall make all reasonable efforts to resolve

10 such threats, address such disruptions, and minimize the

11 length of suspensions to the greatest extent practicable.

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

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

14 and disciplinary removals to alternative schools may be used

15 only if other appropriate and available behavioral and

16 disciplinary interventions have been exhausted and the

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

18 a threat to the safety of other students, staff, or members of

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

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

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

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

23 "substantially disrupt, impede, or interfere with the

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

25 basis by school officials. For purposes of this subsection

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

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1 available behavioral and disciplinary interventions have been

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

3 shall make all reasonable efforts to resolve such threats,

4 address such disruptions, and minimize the length of student

5 exclusions to the greatest extent practicable. Within the

6 suspension decision described in subsection (b) of this

7 Section or the expulsion decision described in subsection (a)

8 of this Section, it shall be documented whether other

9 interventions were attempted or whether it was determined that

10 there were no other appropriate and available interventions.

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

12 than 4 school days shall be provided appropriate and available

13 support services during the period of their suspension. For

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

15 support services" shall be determined by school authorities.

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

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

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

19 such appropriate and available services.

20 A school district may refer students who are expelled to

21 appropriate and available support services.

22 A school district shall create a policy to facilitate the

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

24 expelled, or returning from an alternative school setting.

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

26 suspended pupils, including those pupils suspended from the

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

2 shall have the opportunity to make up work for equivalent

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

4 parents or guardians to notify school officials that a pupil

5 suspended from the school bus does not have alternate

6 transportation to school.

7 (b-35) In all suspension review hearings conducted under

8 subsection (b) or expulsion hearings conducted under

9 subsection (a), a student may disclose any factor to be

10 considered in mitigation, including his or her status as a

11 parent, expectant parent, or victim of domestic or sexual

12 violence, as defined in Article 26A. A representative of the

13 parent's or guardian's choice, or of the student's choice if

14 emancipated, must be permitted to represent the student

15 throughout the proceedings and to address the school board or

16 its appointed hearing officer. With the approval of the

17 student's parent or guardian, or of the student if

18 emancipated, a support person must be permitted to accompany

19 the student to any disciplinary hearings or proceedings. The

20 representative or support person must comply with any rules of

21 the school district's hearing process. If the representative

22 or support person violates the rules or engages in behavior or

23 advocacy that harasses, abuses, or intimidates either party, a

24 witness, or anyone else in attendance at the hearing, the

25 representative or support person may be prohibited from

26 further participation in the hearing or proceeding. A

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1 suspension or expulsion proceeding under this subsection

2 (b-35) must be conducted independently from any ongoing

3 criminal investigation or proceeding, and an absence of

4 pending or possible criminal charges, criminal investigations,

5 or proceedings may not be a factor in school disciplinary

6 decisions.

7 (b-40) During a suspension review hearing conducted under

8 subsection (b) or an expulsion hearing conducted under

9 subsection (a) that involves allegations of sexual violence by

10 the student who is subject to discipline, neither the student

11 nor his or her representative shall directly question nor have

12 direct contact with the alleged victim. The student who is

13 subject to discipline or his or her representative may, at the

14 discretion and direction of the school board or its appointed

15 hearing officer, suggest questions to be posed by the school

16 board or its appointed hearing officer to the alleged victim.

17 (c) A school board must invite a representative from a

18 local mental health agency to consult with the board at the

19 meeting whenever there is evidence that mental illness may be

20 the cause of a student's expulsion or suspension.

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

22 provide ongoing professional development to teachers,

23 administrators, school board members, school resource

24 officers, and staff on the adverse consequences of school

25 exclusion and justice-system involvement, effective classroom

26 management strategies, culturally responsive discipline, the

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1 appropriate and available supportive services for the

2 promotion of student attendance and engagement, and

3 developmentally appropriate disciplinary methods that promote

4 positive and healthy school climates.

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

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

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

8 brought one of the following objects to school, any

9 school-sponsored activity or event, or any activity or event

10 that bears a reasonable relationship to school shall be

11 expelled for a period of not less than one year:

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

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

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

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

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

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

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

19 superintendent, and the superintendent's determination may

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

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

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

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

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

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

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

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1 the superintendent, and the superintendent's determination

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

3 Expulsion or suspension shall be construed in a manner

4 consistent with the federal Individuals with Disabilities

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

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

7 transfer to an alternative school program in accordance with

8 Article 13A of the School Code.

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

10 superintendent of the district or the principal, assistant

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

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

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

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

15 that student has been determined to have made an explicit

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

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

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

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

20 was available to third parties who worked or studied within

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

22 the threat could be reasonably interpreted as threatening to

23 the safety and security of the threatened individual because

24 of his or her duties or employment status or status as a

25 student inside the school.

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

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1 authorities may inspect and search places and areas such as

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

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

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

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

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

7 Assembly finds that students have no reasonable expectation of

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

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

10 the assistance of law enforcement officials for the purpose of

11 conducting inspections and searches of lockers, desks, parking

12 lots, and other school property and equipment owned or

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

14 illegal or dangerous substances or materials, including

15 searches conducted through the use of specially trained dogs.

16 If a search conducted in accordance with this Section produces

17 evidence that the student has violated or is violating either

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

19 such evidence may be seized by school authorities, and

20 disciplinary action may be taken. School authorities may also

21 turn over such evidence to law enforcement authorities.

22 (f) Suspension or expulsion may include suspension or

23 expulsion from school and all school activities and a

24 prohibition from being present on school grounds.

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

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

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

2 student must complete the entire term of the suspension or

3 expulsion in an alternative school program under Article 13A

4 of this Code or an alternative learning opportunities program

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

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

7 or staff in the alternative program. A school district that

8 adopts a policy under this subsection (g) must include a

9 provision allowing for consideration of any mitigating

10 factors, including, but not limited to, a student's status as

11 a parent, expectant parent, or victim of domestic or sexual

12 violence, as defined in Article 26A.

13 (h) School officials shall not advise or encourage

14 students to drop out voluntarily due to behavioral or academic

15 difficulties.

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

17 disciplinary consequence, though this shall not preclude

18 requiring a student to provide restitution for lost, stolen,

19 or damaged property.

20 (j) Subsections (a) through (i) of this Section shall

21 apply to elementary and secondary schools, charter schools,

22 special charter districts, and school districts organized

23 under Article 34 of this Code.

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

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

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

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1 this Code.

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

3 suspension program provided by a school district for any

4 students in kindergarten through grade 12 may focus on

5 promoting non-violent conflict resolution and positive

6 interaction with other students and school personnel. A school

7 district may employ a school social worker or a licensed

8 mental health professional to oversee an in-school suspension

9 program in kindergarten through grade 12.

10 (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;

11 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)

12 (105 ILCS 5/10-27.1A)

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

14 (a) All school officials, including teachers, school

15 counselors, and support staff, shall immediately notify the

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

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

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

19 principal would not immediately endanger the health, safety,

20 or welfare of students who are under the direct supervision of

21 the school official or the school official. If the health,

22 safety, or welfare of students under the direct supervision of

23 the school official or of the school official is immediately

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

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

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

2 not required by this Section when the school official knows

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

4 enforcement official engaged in the conduct of his or her

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

6 makes such a report under this Section shall have immunity

7 from any civil or criminal liability that might otherwise be

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

9 school official making such report shall not be disclosed

10 except as expressly and specifically authorized by law.

11 Knowingly and willfully failing to comply with this Section is

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

13 misdemeanor.

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

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

16 principal or his or her designee shall immediately notify a

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

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

19 principal or his or her designee shall also immediately notify

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

21 designee acting in good faith who makes such reports under

22 this Section shall have immunity from any civil or criminal

23 liability that might otherwise be incurred or imposed as a

24 result of making the reports. Knowingly and willfully failing

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

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

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

2 minor, the law enforcement agency shall detain that minor

3 until such time as the agency makes a determination pursuant

4 to clause (a) of subsection (1) of Section 5-401 of the

5 Juvenile Court Act of 1987, as to whether the agency

6 reasonably believes that the minor is delinquent. If the law

7 enforcement agency determines that probable cause exists to

8 believe that the minor committed a violation of item (4) of

9 subsection (a) of Section 24-1 of the Criminal Code of 2012

10 while on school grounds, the agency shall detain the minor for

11 processing pursuant to Section 5-407 of the Juvenile Court Act

12 of 1987.

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

14 written, electronic, or verbal report from any school

15 personnel regarding a verified incident involving a firearm in

16 a school or on school owned or leased property, including any

17 conveyance owned, leased, or used by the school for the

18 transport of students or school personnel, the superintendent

19 or his or her designee shall report all such firearm-related

20 incidents occurring in a school or on school property to the

21 local law enforcement authorities immediately and to the

22 Illinois State Police in a form, manner, and frequency as

23 prescribed by the Illinois State Police.

24 The State Board of Education shall receive an annual

25 statistical compilation and related data associated with

26 incidents involving firearms in schools from the Illinois

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

2 information by school district and make it available to the

3 public.

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

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

6 Code of 2012 ~~1.1 of the Firearm Owners Identification Card~~

7 ~~Act~~.

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

9 public or private elementary or secondary school.

10 As used in this Section, the term "school grounds"

11 includes the real property comprising any school, any

12 conveyance owned, leased, or contracted by a school to

13 transport students to or from school or a school-related

14 activity, or any public way within 1,000 feet of the real

15 property comprising any school.

16 (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;

17 102-813, eff. 5-13-22.)

18 (105 ILCS 5/34-8.05)

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

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

21 verbal report from any school personnel regarding a verified

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

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

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

25 personnel, the general superintendent or his or her designee

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

2 school or on school property to the local law enforcement

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

4 incident and to the Illinois State Police in a form, manner,

5 and frequency as prescribed by the Illinois State Police.

6 The State Board of Education shall receive an annual

7 statistical compilation and related data associated with

8 incidents involving firearms in schools from the Illinois

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

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

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

12 ~~Card Act~~.

13 (Source: P.A. 102-538, eff. 8-20-21.)

14 Section 40. The Illinois Explosives Act is amended by

15 changing Section 2005 as follows:

16 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)

17 Sec. 2005. Qualifications for licensure.

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

19 (1) is under 21 years of age;

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

21 punishable by imprisonment for a term exceeding one year;

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

23 imprisonment for a term exceeding one year;

24 (4) is a fugitive from justice;

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

2 controlled substance as defined in Section 102 of the

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

4 seq.);

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

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

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

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

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

10 lawfully admitted for permanent residence.

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

12 disabilities" regarding criminal convictions and indictments,

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

14 845) may receive a license provided all other qualifications

15 under this Act are met.

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

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

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

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

20 (225 ILCS 447/35-30)

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

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

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

24 permanent employee registration card. The holder of an agency

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

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

3 employees under the following provisions:

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

5 registration card who:

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

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

8 will include being armed.

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

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

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

12 including a traffic offense. Persons convicted of felonies

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

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

15 registration. The Department shall adopt rules for making

16 those determinations that shall afford the applicant due

17 process of law.

18 (4) Has had a license or permanent employee

19 registration card denied, suspended, or revoked under this

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

21 application for permanent employee registration card is

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

23 suspension, or revocation was based on any provision of

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

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

26 15-10, item (6) or (8) of subsection (a) of Section 20-10,

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

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

3 25-10, item (7) of subsection (a) of Section 30-10,

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

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

6 competent jurisdiction by reason of mental disease or

7 defect and has not been restored.

8 (6) Has been dishonorably discharged from the armed

9 services of the United States.

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

11 agency, private security contractor agency, private alarm

12 contractor agency, fingerprint vendor agency, or locksmith

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

14 furnished to the employer, on forms furnished by the

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

16 Statement" setting forth:

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

18 address.

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

20 years immediately before the date of the execution of the

21 statement, the place where the business or occupation was

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

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

24 registration denied, revoked, or suspended under this Act

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

26 application for permanent employee registration card is

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

2 suspension, or revocation was based on any provision of

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

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

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

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

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

8 25-10, item (7) of subsection (a) of Section 30-10,

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

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

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

12 competent jurisdiction that has not been restored.

13 (6) Any dishonorable discharge from the armed services

14 of the United States.

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

16 rule of the Department to show the good character,

17 competency, and integrity of the person executing the

18 statement.

19 (c) Each applicant for a permanent employee registration

20 card shall have his or her fingerprints submitted to the

21 Illinois State Police in an electronic format that complies

22 with the form and manner for requesting and furnishing

23 criminal history record information as prescribed by the

24 Illinois State Police. These fingerprints shall be checked

25 against the Illinois State Police and Federal Bureau of

26 Investigation criminal history record databases now and

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1 hereafter filed. The Illinois State Police shall charge

2 applicants a fee for conducting the criminal history records

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

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

5 The Illinois State Police shall furnish, pursuant to positive

6 identification, records of Illinois convictions to the

7 Department. The Department may require applicants to pay a

8 separate fingerprinting fee, either to the Department or

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

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

11 designated vendor to provide his or her fingerprints in an

12 alternative manner. The Department, in its discretion, may

13 also use other procedures in performing or obtaining criminal

14 background checks of applicants. Instead of submitting his or

15 her fingerprints, an individual may submit proof that is

16 satisfactory to the Department that an equivalent security

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

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

19 submit verification, on forms provided by the Department and

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

21 employment as a peace officer.

22 (d) The Department shall issue a permanent employee

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

24 qualified applicants. The holder of a permanent employee

25 registration card shall carry the card at all times while

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

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1 employment. Expiration and requirements for renewal of

2 permanent employee registration cards shall be established by

3 rule of the Department. Possession of a permanent employee

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

5 the card is employed by an agency unless the permanent

6 employee registration card is accompanied by the employee

7 identification card required by subsection (f) of this

8 Section.

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

10 that is accessible to the duly authorized representatives of

11 the Department. The record shall contain the following

12 information:

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

14 the employee begins employment with the employer. The

15 photograph shall be replaced with a current photograph

16 every 3 calendar years.

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

18 (b) of this Section.

19 (3) All correspondence or documents relating to the

20 character and integrity of the employee received by the

21 employer from any official source or law enforcement

22 agency.

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

24 identification card of that person issued under subsection

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

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

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

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

3 firearm control card. Each employer shall maintain a

4 record for each armed employee of each instance in which

5 the employee's weapon was discharged during the course of

6 his or her professional duties or activities. The record

7 shall be maintained on forms provided by the Department, a

8 copy of which must be filed with the Department within 15

9 days of an instance. The record shall include the date and

10 time of the occurrence, the circumstances involved in the

11 occurrence, and any other information as the Department

12 may require. Failure to provide this information to the

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

14 each armed employee's permanent file is grounds for

15 disciplinary action. The Department, upon receipt of a

16 report, shall have the authority to make any investigation

17 it considers appropriate into any occurrence in which an

18 employee's weapon was discharged and to take disciplinary

19 action as may be appropriate.

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

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

22 Lookup" Webpage showing that the employee has been issued

23 a valid permanent employee registration card by the

24 Department.

25 The Department may, by rule, prescribe further record

26 requirements.

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1 (f) Every employer shall furnish an employee

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

3 employee identification card shall contain a recent photograph

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

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

6 description, the signature of the employer, the signature of

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

8 identification card number.

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

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

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

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

13 applicant for registered employment to file with the

14 Department the fingerprints of a person other than himself or

15 herself.

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

17 every employee who terminates employment with him or her.

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

19 names of all employees currently working in an armed capacity

20 and submit the roster to the Department on request.

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

22 activity under this Act unless the person possesses a valid

23 permanent employee registration card or a valid license under

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

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

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

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1 the following conditions are met:

2 (1) The agency completes in its entirety and submits

3 to the Department an application for a permanent employee

4 registration card, including the required fingerprint

5 receipt and fees.

6 (2) The agency has verification from the Department

7 that the applicant has no record of any criminal

8 conviction pursuant to the criminal history check

9 conducted by the Illinois State Police. The agency shall

10 maintain the verification of the results of the Illinois

11 State Police criminal history check as part of the

12 employee record as required under subsection (e) of this

13 Section.

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

15 the person is qualified under the requirements of the Act

16 to be issued a permanent employee registration card.

17 (4) The agency maintains a separate roster of the

18 names of all employees whose applications are currently

19 pending with the Department and submits the roster to the

20 Department on a monthly basis. Rosters are to be

21 maintained by the agency for a period of at least 24

22 months.

23 An agency may employ only a permanent employee applicant

24 for which it either submitted a permanent employee application

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

26 Department that a permanent employee application and all

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

2 licensee or the permanent employee and all other requirements

3 of this Section are met.

4 The Department shall have the authority to revoke, without

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

6 upon receipt of Federal Bureau of Investigation fingerprint

7 data or a report of another official authority indicating a

8 criminal conviction. If the Department has not received a

9 temporary employee's Federal Bureau of Investigation

10 fingerprint data within 120 days of the date the Department

11 received the Illinois State Police fingerprint data, the

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

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

14 individual and the employing agency.

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

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

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

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

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

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

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

22 agency, via certified mail, personal delivery, electronic

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

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

25 shall be deemed constructive knowledge of the conviction on

26 the part of the agency. The Department may adopt rules to

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1 implement this subsection (k).

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

3 capacity if:

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

5 the United States or any political subdivision for the

6 time so employed in addition to any payments he or she may

7 receive from the employer; or

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

9 official uniform, emblem of authority, or equipment while

10 so employed.

11 (m) If information is discovered affecting the

12 registration of a person whose fingerprints were submitted

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

14 that submitted the fingerprints on behalf of that person.

15 (n) Peace officers shall be exempt from the requirements

16 of this Section relating to permanent employee registration

17 cards. The agency shall remain responsible for any peace

18 officer employed under this exemption, regardless of whether

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

20 independent contractor and as further defined by rule.

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

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

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

24 not provide traditional security services are exempt from

25 employee registration. Examples of exempt employees include,

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

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

2 reception personnel. Confidential or security information is

3 that which pertains to employee files, scheduling, client

4 contracts, or technical security and alarm data.

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

6 religious exemption to the photograph requirement of this

7 Section shall furnish with the application an approved copy of

8 United States Department of the Treasury Internal Revenue

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

10 religious exemption to this photograph requirement shall

11 submit fingerprints in a form and manner prescribed by the

12 Department with his or her application in lieu of a

13 photograph.

14 (Source: P.A. 102-538, eff. 8-20-21.)

15 (225 ILCS 447/35-35)

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

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

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

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

20 those duties without complying with the provisions of this

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

22 the Department.

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

24 duties for which licensure or employee registration is

25 required and allow that person to carry a firearm unless that

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1 person has complied with all the firearm training requirements

2 of this Section and has been issued a firearm control card.

3 This Act permits only the following to carry firearms while

4 actually engaged in the performance of their duties or while

5 commuting directly to or from their places of employment:

6 persons licensed as private detectives and their registered

7 employees; persons licensed as private security contractors

8 and their registered employees; persons licensed as private

9 alarm contractors and their registered employees; and

10 employees of a registered armed proprietary security force.

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

12 licensee or employee to carry a firearm not otherwise

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

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

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

16 employee's place or places of employment.

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

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

19 is currently licensed or employed by an agency licensed by

20 this Act and has met all the requirements of this Act, and who

21 is not prohibited under State or federal law from possessing a

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

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

24 employer to the Department on forms provided by the

25 Department. The Department shall forward the card to the

26 employer who shall be responsible for its issuance to the

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1 licensee or employee. The firearm control card shall be issued

2 by the Department and shall identify the person holding it and

3 the name of the course where the licensee or employee received

4 firearm instruction and shall specify the type of weapon or

5 weapons the person is authorized by the Department to carry

6 and for which the person has been trained.

7 (e) Expiration and requirements for renewal of firearm

8 control cards shall be determined by rule.

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

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

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

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

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

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

15 this Act. The Department shall refuse to issue or shall revoke

16 a firearm control card if the applicant or holder is

17 prohibited under State or federal law from possessing a

18 firearm~~fails to possess a valid firearm owners identification~~

19 ~~card without hearing~~. The Secretary shall summarily suspend a

20 firearm control card if the Secretary finds that its continued

21 use would constitute an imminent danger to the public. A

22 hearing shall be held before the Board within 30 days if the

23 Secretary summarily suspends a firearm control card.

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

25 contrary, all requirements relating to firearms control cards

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

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1 employed as a peace officer and continues to perform services

2 in an armed capacity under this Act that are licensed

3 activities, then the individual is required to obtain a

4 permanent employee registration card pursuant to Section 35-30

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

6 ~~Identification Card~~, but is not required to obtain a firearm

7 control card if the individual is otherwise in continuing

8 compliance with the federal Law Enforcement Officers Safety

9 Act of 2004. If an individual elects to carry a firearm

10 pursuant to the federal Law Enforcement Officers Safety Act of

11 2004, then the agency employing the officer is required to

12 submit a notice of that election to the Department along with a

13 fee specified by rule.

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

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

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

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

18 established armed account may, on forms supplied by the

19 Department, request the issuance of a temporary firearm

20 control card for each acquired employee who held a valid

21 firearm control card under his or her employment with the

22 newly acquired established armed account immediately preceding

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

24 the qualifications for issuance of a firearm control card set

25 forth in this Act and any rules adopted under this Act. The

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

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1 temporary firearm control card.

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

3 to a licensed fingerprint vendor or a licensed locksmith or

4 employees of a licensed fingerprint vendor agency or a

5 licensed locksmith agency.

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

7 Section 50. The Mental Health and Developmental

8 Disabilities Code is amended by changing Sections 1-106,

9 1-116, 6-103.1, 6-103.2, and 6-103.3 as follows:

10 (405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)

11 Sec. 1-106. "Developmental disability" means a severe,

12 chronic disability, other than mental illness, found to be

13 closely related to an intellectual disability because this

14 condition results in impairment of general intellectual

15 functioning or adaptive behavior similar to that of persons

16 with ID, and requires services similar to those required for a

17 person with an intellectual disability. In addition, a

18 developmental disability: (1) is manifested before the

19 individual reaches 22 years of age; (2) is likely to continue

20 indefinitely; (3) results in substantial functional

21 limitations in three or more of the following areas of major

22 life activity: self-care, receptive and expressive language,

23 learning, mobility, self-direction, capacity for independent

24 living, or economic self-sufficiency; and (4) reflects the

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1 individual's need for a combination and sequence of special

2 interdisciplinary or generic services, individualized

3 supports, or other forms of assistance that are of lifelong or

4 extended duration and are individually planned and

5 coordinated. ~~This definition does not supersede the~~

6 ~~"developmental disability" definition in Section 1.1 of the~~

7 ~~Firearm Owners Identification Card Act which is required to be~~

8 ~~applied under that Act for the purpose of mandatory reporting.~~

9 (Source: P.A. 102-972, eff. 1-1-23.)

10 (405 ILCS 5/1-116) (from Ch. 91 1/2, par. 1-116)

11 Sec. 1-116. Intellectual disability. "Intellectual

12 disability" means a disorder with onset during the

13 developmental period (before the individual reaches age 22),

14 that includes both intellectual and adaptive deficits in

15 conceptual, social and practical domains. The following 3

16 criteria must be met: (1) deficits in intellectual functions

17 such as reasoning, problem solving, planning, abstract

18 thinking, judgment, academic learning, and learning from

19 experience confirmed by both clinical assessment and

20 individualized, standardized intelligence testing (generally

21 indicated with an IQ score of about 70 or below), (2) deficits

22 in adaptive functioning that result in failure to meet

23 developmental and sociocultural standards for personal

24 independence and social responsibility. Without ongoing

25 support, the adaptive deficits limit functioning in one or

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1 more activities of daily life, such as communication, social

2 participation, and independent living, across multiple

3 environments, such as home, school, work, and community, and

4 (3) onset of intellectual and adaptive deficits during the

5 developmental period. ~~This definition does not supersede the~~

6 ~~"intellectual disability" definition in Section 1.1 of the~~

7 ~~Firearm Owners Identification Card Act which is required to be~~

8 ~~applied under that Act for the purpose of mandatory reporting.~~

9 (Source: P.A. 102-972, eff. 1-1-23.)

10 (405 ILCS 5/6-103.1)

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

12 disability. When a person has been adjudicated as a person

13 with a mental disability ~~as defined in Section 1.1 of the~~

14 ~~Firearm Owners Identification Card Act~~, including, but not

15 limited to, an adjudication as a person with a disability as

16 defined in Section 11a-2 of the Probate Act of 1975, the court

17 shall direct the circuit court clerk to notify the Illinois

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

19 a form and manner prescribed by the Illinois State Police, and

20 shall forward a copy of the court order to the Department no

21 later than 7 days after the entry of the order. Upon receipt of

22 the order, the Illinois State Police shall provide

23 notification to the National Instant Criminal Background Check

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

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

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

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

3 intelligence, or mental illness, mental impairment,

4 incompetency, condition, or disease:

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

6 herself, or to others;

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

8 affairs or is adjudicated a disabled person as defined in

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

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

11 insanity, mental disease or defect;

12 (3.5) is guilty but mentally ill, as provided in

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

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

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

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

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

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

19 of Section 5 of the Sexually Violent Persons Commitment

20 Act;

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

22 Dangerous Persons Act;

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

24 Act of 1987;

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

26 Juvenile Court Act of 1987;

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

2 an inpatient basis as defined in Section 1-119 of the

3 Mental Health and Developmental Disabilities Code;

4 (11) is a person subject to involuntary admission on

5 an outpatient basis as defined in Section 1-119.1 of the

6 Mental Health and Developmental Disabilities Code;

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

8 Section 4-500 of the Mental Health and Developmental

9 Disabilities Code; or

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

11 Agreements on Sexually Dangerous Persons Act.

12 (Source: P.A. 102-538, eff. 8-20-21.)

13 (405 ILCS 5/6-103.2)

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

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

16 a developmental disability by a physician, clinical

17 psychologist, or qualified examiner, the physician, clinical

18 psychologist, or qualified examiner shall notify the

19 Department of Human Services within 7 days of making the

20 determination that the person has a developmental disability.

21 The Department of Human Services shall immediately update its

22 records and information relating to mental health and

23 developmental disabilities, and if appropriate, shall notify

24 the Illinois State Police in a form and manner prescribed by

25 the Illinois State Police. Information disclosed under this

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1 Section shall remain privileged and confidential, and shall

2 not be redisclosed, except as required under paragraph (2) of

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

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

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

6 method of providing this information shall guarantee that the

7 information is not released beyond that which is necessary for

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

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

10 reporting under this Section shall not be disclosed to the

11 subject of the report.

12 The physician, clinical psychologist, or qualified

13 examiner making the determination and his or her employer may

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

15 making or not making the notification required under this

16 Section, except for willful or wanton misconduct.

17 In this Section, "developmentally disabled" has the

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

19 Developmental Disabilities Confidentiality Act.

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

21 disability" means a disability which is attributable to any

22 other condition which results in impairment similar to that

23 caused by an intellectual disability and which requires

24 services similar to those required by intellectually disabled

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

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

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1 substantial disability. This disability results, in the

2 professional opinion of a physician, clinical psychologist, or

3 qualified examiner, in significant functional limitations in 3

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

5 (i) self-care;

6 (ii) receptive and expressive language;

7 (iii) learning;

8 (iv) mobility; or

9 (v) self-direction.

10 "Determined to be a person with a developmental disability

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

12 means in the professional opinion of the physician, clinical

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

14 assessed, or evaluated as having a developmental disability.

15 (Source: P.A. 102-538, eff. 8-20-21.)

16 (405 ILCS 5/6-103.3)

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

18 person is determined to pose a clear and present danger to

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

20 psychologist, or qualified examiner, whether employed by the

21 State, by any public or private mental health facility or part

22 thereof, or by a law enforcement official or a school

23 administrator, then the physician, clinical psychologist,

24 qualified examiner shall notify the Department of Human

25 Services and a law enforcement official or school

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1 administrator shall notify the Illinois State Police, within

2 24 hours of making the determination that the person poses a

3 clear and present danger. The Department of Human Services

4 shall immediately update its records and information relating

5 to mental health and developmental disabilities, and if

6 appropriate, shall notify the Illinois State Police in a form

7 and manner prescribed by the Illinois State Police.

8 Information disclosed under this Section shall remain

9 privileged and confidential, and shall not be redisclosed,

10 except as required under paragraph (2) of subsection (e) of

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

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

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

14 information shall guarantee that the information is not

15 released beyond that which is necessary for the purpose of

16 this Section and shall be provided by rule by the Department of

17 Human Services. The identity of the person reporting under

18 this Section shall not be disclosed to the subject of the

19 report. The physician, clinical psychologist, qualified

20 examiner, law enforcement official, or school administrator

21 making the determination and his or her employer shall not be

22 held criminally, civilly, or professionally liable for making

23 or not making the notification required under this Section,

24 except for willful or wanton misconduct. This Section does not

25 apply to a law enforcement official, if making the

26 notification under this Section will interfere with an ongoing

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1 or pending criminal investigation.

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

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

4 (1) communicates a serious threat of physical

5 violence against a reasonably identifiable victim or

6 poses a clear and imminent risk of serious physical

7 injury to himself, herself, or another person as

8 determined by a physician, clinical psychologist, or

9 qualified examiner; or

10 (2) demonstrates threatening physical or verbal

11 behavior, such as violent, suicidal, or assaultive

12 threats, actions, or other behavior, as determined by

13 a physician, clinical psychologist, qualified

14 examiner, school administrator, or law enforcement

15 official.

16 "Physician", "clinical psychologist", and "qualified

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

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

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

20 ~~Identification Card Act~~.

21 "Determined to pose a clear and present danger to

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

23 psychologist, or qualified examiner" means in the

24 professional opinion of the physician, clinical

25 psychologist, or qualified examiner, a person poses a

26 clear and present danger.

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1 "School administrator" means the person required to

2 report under the School Administrator Reporting of Mental

3 Health Clear and Present Danger Determinations Law.

4 (Source: P.A. 102-538, eff. 8-20-21.)

5 Section 55. The Lead Poisoning Prevention Act is amended

6 by changing Section 2 as follows:

7 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)

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

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

10 care provider licensed by the Department of Children and

11 Family Services or public or private school structure

12 frequented by children 6 years of age or younger.

13 "Childhood Lead Risk Questionnaire" means the

14 questionnaire developed by the Department for use by

15 physicians and other health care providers to determine risk

16 factors for children 6 years of age or younger residing in

17 areas designated as low risk for lead exposure.

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

19 health department approved by the Department to carry out the

20 provisions of this Act.

21 "Department" means the Department of Public Health.

22 "Director" means the Director of Public Health.

23 "Dwelling unit" means an individual unit within a

24 residential building used as living quarters for one

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1 household.

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

3 excess of the limits established under State rules.

4 "Exposed surface" means any interior or exterior surface

5 of a regulated facility.

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

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

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

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

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

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

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

13 percentage of housing determined as rental or vacant,

14 proximity to industry using lead, established incidence of

15 elevated blood lead levels in children, percentage of

16 population living below 200% of federal poverty guidelines,

17 and number of children residing in the area who are 6 years of

18 age or younger.

19 "Lead abatement" means any approved work practices that

20 will permanently eliminate lead exposure or remove the

21 lead-bearing substances in a regulated facility. The

22 Department shall establish by rule which work practices are

23 approved or prohibited for lead abatement.

24 "Lead abatement contractor" means any person or entity

25 licensed by the Department to perform lead abatement and

26 mitigation.

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

2 lead abatement contractor and licensed by the Department to

3 perform lead abatement and lead mitigation and to supervise

4 lead workers who perform lead abatement and lead mitigation.

5 "Lead abatement worker" means any person employed by a

6 lead abatement contractor and licensed by the Department to

7 perform lead abatement and mitigation.

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

9 including, lead inspection, lead risk assessment, lead

10 mitigation, or lead abatement work or supervision in a

11 regulated facility.

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

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

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

15 any dust on surfaces or in furniture or other nonpermanent

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

17 surface coating material containing more than five-tenths of

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

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

20 lead-bearing substances containing greater than one milligram

21 per square centimeter or any lower standard for lead content

22 in residential paint as may be established by federal law or

23 rule; or more than 1 milligram per square centimeter in the

24 dried film of paint or previously applied substance; or item

25 or dust on item containing lead in excess of the amount

26 specified in the rules authorized by this Act or a lower

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1 standard for lead content as may be established by federal law

2 or rule. "Lead-bearing substance" does not include firearm

3 ammunition or components as defined by Section 2-7.1 of the

4 Criminal Code of 2012 ~~the Firearm Owners Identification Card~~

5 ~~Act~~.

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

7 immediate health hazard to humans.

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

9 involves limited dust and paint sampling for lead-bearing

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

11 screening tool designed to determine if further lead

12 investigative services are required for the regulated

13 facility.

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

15 to determine the presence of lead-based paint.

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

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

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

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

20 conduct compliance investigations.

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

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

23 lead-bearing substance does not pose an immediate health

24 hazard to humans.

25 "Lead poisoning" means having an elevated blood lead

26 level.

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

2 determine the existence, nature, severity, and location of

3 lead hazards. "Lead risk assessment" includes any lead

4 sampling and visual assessment associated with conducting a

5 lead risk assessment and lead hazard screen and all lead

6 sampling associated with compliance investigations.

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

8 trained by a Department-approved training program and is

9 licensed by the Department to conduct lead risk assessments,

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

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

12 lead-bearing substances; and to conduct compliance

13 investigations.

14 "Lead training program provider" means any person

15 providing Department-approved lead training in Illinois to

16 individuals seeking licensure in accordance with the Act.

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

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

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

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

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

22 with others:

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

24 without actual possession of the regulated facility, or

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

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

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

2 owner.

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

4 limited liability company, corporation, association, joint

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

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

7 representative, agent, or assign.

8 "Regulated facility" means a residential building or child

9 care facility.

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

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

12 habitation; common areas accessible by inhabitants; and the

13 surrounding property or structures.

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

15 (430 ILCS 65/Act rep.)

16 Section 60. The Firearm Owners Identification Card Act is

17 repealed.

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

19 changing Sections 25, 30, 40, 66, 70, 80, and 105 as follows:

20 (430 ILCS 66/25)

21 Sec. 25. Qualifications for a license.

22 The Illinois State Police shall issue a license to an

23 applicant completing an application in accordance with Section

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1 30 of this Act if the person:

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

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

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

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

6 ~~Identification Card and~~ is not prohibited under State ~~the~~

7 ~~Firearm Owners Identification Card Act~~ or federal law from

8 possessing or receiving a firearm;

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

10 State or in any other state of:

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

12 physical force or violence to any person within the 5

13 years preceding the date of the license application;

14 or

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

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

17 intoxicating compound or compounds, or any combination

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

19 license application;

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

21 prosecution, or proceeding for an offense or action that

22 could lead to disqualification to own or possess a

23 firearm;

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

25 treatment for alcoholism, alcohol detoxification, or drug

26 treatment within the 5 years immediately preceding the

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1 date of the license application; and

2 (6) has completed firearms training and any education

3 component required under Section 75 of this Act.

4 (Source: P.A. 102-538, eff. 8-20-21.)

5 (430 ILCS 66/30)

6 Sec. 30. Contents of license application.

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

8 penalty of perjury, on a standard form adopted by the Illinois

9 State Police and shall be accompanied by the documentation

10 required in this Section and the applicable fee. Each

11 application form shall include the following statement printed

12 in bold type: "Warning: Entering false information on this

13 form is punishable as perjury under Section 32-2 of the

14 Criminal Code of 2012."

15 (b) The application shall contain the following:

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

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

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

19 used or identified with, and any address where the

20 applicant resided for more than 30 days within the 10

21 years preceding the date of the license application;

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

23 valid state identification card number;

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

25 confidentiality rights and privileges under all federal

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1 and state laws, including those limiting access to

2 juvenile court, criminal justice, psychological, or

3 psychiatric records or records relating to any

4 institutionalization of the applicant, and an affirmative

5 request that a person having custody of any of these

6 records provide it or information concerning it to the

7 Illinois State Police. The waiver only applies to records

8 sought in connection with determining whether the

9 applicant qualifies for a license to carry a concealed

10 firearm under this Act~~, or whether the applicant remains~~

11 ~~in compliance with the Firearm Owners Identification Card~~

12 ~~Act~~;

13 (4) an affirmation that the applicant is not

14 prohibited under State or federal law from possessing or

15 receiving a firearm ~~possesses a currently valid Firearm~~

16 ~~Owner's Identification Card and card number if possessed~~

17 ~~or notice the applicant is applying for a Firearm Owner's~~

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

19 ~~application~~;

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

21 convicted or found guilty of:

22 (A) a felony;

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

24 physical force or violence to any person within the 5

25 years preceding the date of the application; or

26 (C) 2 or more violations related to driving while

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

2 intoxicating compound or compounds, or any combination

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

4 license application;

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

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

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

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

9 test;

10 (7) written consent for the Illinois State Police to

11 review and use the applicant's Illinois digital driver's

12 license or Illinois identification card photograph and

13 signature;

14 (8) ~~unless submitted under subsection (a-25) of~~

15 ~~Section 4 of the Firearm Owners Identification Card Act,~~ a

16 full set of fingerprints submitted to the Illinois State

17 Police in electronic format, provided the Illinois State

18 Police may accept an application submitted without a set

19 of fingerprints, in which case the Illinois State Police

20 shall be granted 30 days in addition to the 90 days

21 provided under subsection (e) of Section 10 of this Act to

22 issue or deny a license;

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

24 specified by the Illinois State Police taken within the 30

25 days preceding the date of the license application; and

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

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1 of compliance with the training requirements under this

2 Act.

3 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

4 102-813, eff. 5-13-22.)

5 (430 ILCS 66/40)

6 Sec. 40. Non-resident license applications.

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

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

9 days and resides in another state or territory.

10 (b) The Illinois State Police shall by rule allow for

11 non-resident license applications from any state or territory

12 of the United States with laws related to firearm ownership,

13 possession, and carrying, that are substantially similar to

14 the requirements to obtain a license under this Act.

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

16 Illinois State Police under subsection (b) of this Section may

17 apply for a non-resident license. The applicant shall apply to

18 the Illinois State Police and must meet all of the

19 qualifications established in Section 25 of this Act~~, except~~

20 ~~for the Illinois residency requirement in item (xiv) of~~

21 ~~paragraph (2) of subsection (a) of Section 4 of the Firearm~~

22 ~~Owners Identification Card Act~~. The applicant shall submit:

23 (1) the application and documentation required under

24 Section 30 of this Act and the applicable fee;

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

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

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

3 possess a firearm;

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

5 carry a firearm or concealed firearm issued by his or

6 her state or territory of residence and attach a copy

7 of the license or permit to the application;

8 (C) understands Illinois laws pertaining to the

9 possession and transport of firearms; and

10 (D) acknowledges that the applicant is subject to

11 the jurisdiction of the Illinois State Police and

12 Illinois courts for any violation of this Act;

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

14 of compliance with the training requirements under Section

15 75 of this Act; and

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

17 specified by the Illinois State Police taken within the 30

18 days preceding the date of the application.

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

20 identification card, a non-resident applicant shall provide

21 similar documentation from his or her state or territory of

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

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

24 ~~submit documentation and information required by the Illinois~~

25 ~~State Police to obtain a Firearm Owner's Identification Card,~~

26 ~~including~~ an affidavit that the non-resident meets the mental

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1 health standards to obtain a firearm under Illinois law, and

2 the Illinois State Police shall ensure that the applicant

3 would meet the eligibility criteria under State law to possess

4 a firearm ~~to obtain a Firearm Owner's Identification card~~ if

5 he or she was a resident of this State.

6 (e) Nothing in this Act shall prohibit a non-resident from

7 transporting a concealed firearm within his or her vehicle in

8 Illinois, if the concealed firearm remains within his or her

9 vehicle and the non-resident:

10 (1) is not prohibited from owning or possessing a

11 firearm under federal law;

12 (2) is eligible to carry a firearm in public under the

13 laws of his or her state or territory of residence, as

14 evidenced by the possession of a concealed carry license

15 or permit issued by his or her state of residence, if

16 applicable; and

17 (3) is not in possession of a license under this Act.

18 If the non-resident leaves his or her vehicle unattended,

19 he or she shall store the firearm within a locked vehicle or

20 locked container within the vehicle in accordance with

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

22 (Source: P.A. 102-538, eff. 8-20-21.)

23 (430 ILCS 66/66)

24 Sec. 66. Illinois State Police to monitor databases for

25 firearms prohibitors. The Illinois State Police shall

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1 continuously monitor relevant State and federal databases for

2 firearms prohibitors and correlate those records with

3 concealed carry license holders to ensure compliance with this

4 Act and any other State and federal laws. As used in this

5 Section, "firearms prohibitor" means any factor listed in

6 ~~Section 8 or Section 8.2 of the Firearm Owners Identification~~

7 ~~Card Act or~~ Section 24-3 or 24-3.1 of the Criminal Code of 2012

8 that prohibits a person from transferring or possessing a

9 firearm, firearm ammunition, ~~Firearm Owner's Identification~~

10 ~~Card,~~ or concealed carry license.

11 (Source: P.A. 102-237, eff. 1-1-22.)

12 (430 ILCS 66/70)

13 Sec. 70. Violations.

14 (a) A license issued or renewed under this Act shall be

15 revoked if, at any time, the licensee is found to be ineligible

16 for a license under this Act or the licensee is prohibited from

17 possessing a firearm under State or federal law ~~no longer~~

18 ~~meets the eligibility requirements of the Firearm Owners~~

19 ~~Identification Card Act~~.

20 (b) A license shall be suspended if an order of

21 protection, including an emergency order of protection,

22 plenary order of protection, or interim order of protection

23 under Article 112A of the Code of Criminal Procedure of 1963 or

24 under the Illinois Domestic Violence Act of 1986, or if a

25 firearms restraining order, including an emergency firearms

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1 restraining order, under the Firearms Restraining Order Act,

2 is issued against a licensee for the duration of the order, or

3 if the Illinois State Police is made aware of a similar order

4 issued against the licensee in any other jurisdiction. If an

5 order of protection is issued against a licensee, the licensee

6 shall surrender the license, as applicable, to the court at

7 the time the order is entered or to the law enforcement agency

8 or entity serving process at the time the licensee is served

9 the order. The court, law enforcement agency, or entity

10 responsible for serving the order of protection shall notify

11 the Illinois State Police within 7 days and transmit the

12 license to the Illinois State Police.

13 (c) A license is invalid upon expiration of the license,

14 unless the licensee has submitted an application to renew the

15 license, and the applicant is otherwise eligible to possess a

16 license under this Act.

17 (d) A licensee shall not carry a concealed firearm while

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

19 intoxicating compound or combination of compounds, or any

20 combination thereof, under the standards set forth in

21 subsection (a) of Section 11-501 of the Illinois Vehicle Code.

22 A licensee in violation of this subsection (d) shall be

23 guilty of a Class A misdemeanor for a first or second violation

24 and a Class 4 felony for a third violation. The Illinois State

25 Police may suspend a license for up to 6 months for a second

26 violation and shall permanently revoke a license for a third

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1 violation.

2 (e) Except as otherwise provided, a licensee in violation

3 of this Act shall be guilty of a Class B misdemeanor. A second

4 or subsequent violation is a Class A misdemeanor. The Illinois

5 State Police may suspend a license for up to 6 months for a

6 second violation and shall permanently revoke a license for 3

7 or more violations of Section 65 of this Act. Any person

8 convicted of a violation under this Section shall pay a $150

9 fee to be deposited into the Mental Health Reporting Fund,

10 plus any applicable court costs or fees.

11 (f) A licensee convicted or found guilty of a violation of

12 this Act who has a valid license and is otherwise eligible to

13 carry a concealed firearm shall only be subject to the

14 penalties under this Section and shall not be subject to the

15 penalties under Section 21-6, paragraph (4), (8), or (10) of

16 subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)

17 of paragraph (3) of subsection (a) of Section 24-1.6 of the

18 Criminal Code of 2012. Except as otherwise provided in this

19 subsection, nothing in this subsection prohibits the licensee

20 from being subjected to penalties for violations other than

21 those specified in this Act.

22 (g) A licensee whose license is revoked, suspended, or

23 denied shall, within 48 hours of receiving notice of the

24 revocation, suspension, or denial, surrender his or her

25 concealed carry license to the local law enforcement agency

26 where the person resides. The local law enforcement agency

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1 shall provide the licensee a receipt and transmit the

2 concealed carry license to the Illinois State Police. If the

3 licensee whose concealed carry license has been revoked,

4 suspended, or denied fails to comply with the requirements of

5 this subsection, the law enforcement agency where the person

6 resides may petition the circuit court to issue a warrant to

7 search for and seize the concealed carry license in the

8 possession and under the custody or control of the licensee

9 whose concealed carry license has been revoked, suspended, or

10 denied. The observation of a concealed carry license in the

11 possession of a person whose license has been revoked,

12 suspended, or denied constitutes a sufficient basis for the

13 arrest of that person for violation of this subsection. A

14 violation of this subsection is a Class A misdemeanor.

15 (h) (Blank). ~~Except as otherwise provided in subsection~~

16 ~~(h-5), a license issued or renewed under this Act shall be~~

17 ~~revoked if, at any time, the licensee is found ineligible for a~~

18 ~~Firearm Owner's Identification Card, or the licensee no longer~~

19 ~~possesses a valid Firearm Owner's Identification Card. If the~~

20 ~~Firearm Owner's Identification Card is expired or suspended~~

21 ~~rather than denied or revoked, the license may be suspended~~

22 ~~for a period of up to one year to allow the licensee to~~

23 ~~reinstate his or her Firearm Owner's Identification Card. The~~

24 ~~Illinois State Police shall adopt rules to enforce this~~

25 ~~subsection. A licensee whose license is revoked under this~~

26 ~~subsection (h) shall surrender his or her concealed carry~~

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1 ~~license as provided for in subsection (g) of this Section.~~

2 ~~This subsection shall not apply to a person who has filed~~

3 ~~an application with the Illinois State Police for renewal of a~~

4 ~~Firearm Owner's Identification Card and who is not otherwise~~

5 ~~ineligible to obtain a Firearm Owner's Identification Card.~~

6 (h-5) (Blank). ~~If the Firearm Owner's Identification Card~~

7 ~~of a licensee under this Act expires during the term of the~~

8 ~~license issued under this Act, the license and the Firearm~~

9 ~~Owner's Identification Card remain valid, and the Illinois~~

10 ~~State Police may automatically renew the licensee's Firearm~~

11 ~~Owner's Identification Card as provided in subsection (c) of~~

12 ~~Section 5 of the Firearm Owners Identification Card Act.~~

13 (i) A certified firearms instructor who knowingly provides

14 or offers to provide a false certification that an applicant

15 has completed firearms training as required under this Act is

16 guilty of a Class A misdemeanor. A person guilty of a violation

17 of this subsection (i) is not eligible for court supervision.

18 The Illinois State Police shall permanently revoke the

19 firearms instructor certification of a person convicted under

20 this subsection (i).

21 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

22 102-813, eff. 5-13-22.)

23 (430 ILCS 66/80)

24 Sec. 80. Certified firearms instructors.

25 (a) Within 60 days of the effective date of this Act, the

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1 Illinois State Police shall begin approval of certified

2 firearms instructors and enter certified firearms instructors

3 into an online registry on the Illinois State Police's

4 website.

5 (b) A person who is not a certified firearms instructor

6 shall not teach applicant training courses or advertise or

7 otherwise represent courses they teach as qualifying their

8 students to meet the requirements to receive a license under

9 this Act. Each violation of this subsection is a business

10 offense with a fine of at least $1,000 per violation.

11 (c) A person seeking to become a certified firearms

12 instructor shall:

13 (1) be at least 21 years of age;

14 (2) be a legal resident of the United States; and

15 (3) meet the requirements of Section 25 of this Act~~,~~

16 ~~except for the Illinois residency requirement in item~~

17 ~~(xiv) of paragraph (2) of subsection (a) of Section 4 of~~

18 ~~the Firearm Owners Identification Card Act~~; and any

19 additional uniformly applied requirements established by

20 the Illinois State Police.

21 (d) A person seeking to become a certified firearms

22 instructor, in addition to the requirements of subsection (c)

23 of this Section, shall:

24 (1) possess a high school diploma or State of Illinois

25 High School Diploma; and

26 (2) have at least one of the following valid firearms

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1 instructor certifications:

2 (A) certification from a law enforcement agency;

3 (B) certification from a firearm instructor course

4 offered by a State or federal governmental agency;

5 (C) certification from a firearm instructor

6 qualification course offered by the Illinois Law

7 Enforcement Training Standards Board; or

8 (D) certification from an entity approved by the

9 Illinois State Police that offers firearm instructor

10 education and training in the use and safety of

11 firearms.

12 (e) A person may have his or her firearms instructor

13 certification denied or revoked if he or she does not meet the

14 requirements to obtain a license under this Act, provides

15 false or misleading information to the Illinois State Police,

16 or has had a prior instructor certification revoked or denied

17 by the Illinois State Police.

18 (Source: P.A. 102-538, eff. 8-20-21; 102-1100, eff. 1-1-23.)

19 (430 ILCS 66/105)

20 Sec. 105. Duty of school administrator. It is the duty of

21 the principal of a public elementary or secondary school, or

22 his or her designee, and the chief administrative officer of a

23 private elementary or secondary school or a public or private

24 community college, college, or university, or his or her

25 designee, to report to the Illinois State Police when a

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1 student is determined to pose a clear and present danger to

2 himself, herself, or to others, within 24 hours of the

3 determination as provided in Section 6-103.3 of the Mental

4 Health and Developmental Disabilities Code. "Clear and present

5 danger" has the meaning as provided in paragraph (2) of the

6 definition of "clear and present danger" in Section 6-103.3 of

7 the Mental Health and Developmental Disabilities Code ~~1.1 of~~

8 ~~the Firearm Owners Identification Card Act~~.

9 (Source: P.A. 102-538, eff. 8-20-21.)

10 Section 66. The Firearms Restraining Order Act is amended

11 by changing Sections 35 and 40 as follows:

12 (430 ILCS 67/35)

13 Sec. 35. Ex parte orders and emergency hearings.

14 (a) A petitioner may request an emergency firearms

15 restraining order by filing an affidavit or verified pleading

16 alleging that the respondent poses an immediate and present

17 danger of causing personal injury to himself, herself, or

18 another by having in his or her custody or control,

19 purchasing, possessing, or receiving a firearm, ammunition, or

20 firearm parts that could be assembled to make an operable

21 firearm. The petition shall also describe the type and

22 location of any firearm or firearms, ammunition, or firearm

23 parts that could be assembled to make an operable firearm

24 presently believed by the petitioner to be possessed or

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1 controlled by the respondent.

2 (b) If the respondent is alleged to pose an immediate and

3 present danger of causing personal injury to an intimate

4 partner, or an intimate partner is alleged to have been the

5 target of a threat or act of violence by the respondent, the

6 petitioner shall make a good faith effort to provide notice to

7 any and all intimate partners of the respondent. The notice

8 must include that the petitioner intends to petition the court

9 for an emergency firearms restraining order, and, if the

10 petitioner is a law enforcement officer, referral to relevant

11 domestic violence or stalking advocacy or counseling

12 resources, if appropriate. The petitioner shall attest to

13 having provided the notice in the filed affidavit or verified

14 pleading. If, after making a good faith effort, the petitioner

15 is unable to provide notice to any or all intimate partners,

16 the affidavit or verified pleading should describe what

17 efforts were made.

18 (c) Every person who files a petition for an emergency

19 firearms restraining order, knowing the information provided

20 to the court at any hearing or in the affidavit or verified

21 pleading to be false, is guilty of perjury under Section 32-2

22 of the Criminal Code of 2012.

23 (d) An emergency firearms restraining order shall be

24 issued on an ex parte basis, that is, without notice to the

25 respondent.

26 (e) An emergency hearing held on an ex parte basis shall be

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1 held the same day that the petition is filed or the next day

2 that the court is in session.

3 (f) If a circuit or associate judge finds probable cause

4 to believe that the respondent poses an immediate and present

5 danger of causing personal injury to himself, herself, or

6 another by having in his or her custody or control,

7 purchasing, possessing, or receiving a firearm, ammunition, or

8 firearm parts that could be assembled to make an operable

9 firearm, the circuit or associate judge shall issue an

10 emergency order.

11 (f-5) If the court issues an emergency firearms

12 restraining order, it shall, upon a finding of probable cause

13 that the respondent possesses firearms, ammunition, or firearm

14 parts that could be assembled to make an operable firearm,

15 issue a search warrant directing a law enforcement agency to

16 seize the respondent's firearms, ammunition, and firearm parts

17 that could be assembled to make an operable firearm. The court

18 may, as part of that warrant, direct the law enforcement

19 agency to search the respondent's residence and other places

20 where the court finds there is probable cause to believe he or

21 she is likely to possess the firearms, ammunition, or firearm

22 parts that could be assembled to make an operable firearm. A

23 return of the search warrant shall be filed by the law

24 enforcement agency within 4 days thereafter, setting forth the

25 time, date, and location that the search warrant was executed

26 and what items, if any, were seized.

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1 (g) An emergency firearms restraining order shall require:

2 (1) the respondent to refrain from having in his or

3 her custody or control, purchasing, possessing, or

4 receiving additional firearms, ammunition, or firearm

5 parts that could be assembled to make an operable firearm,

6 or removing firearm parts that could be assembled to make

7 an operable firearm for the duration of the order ~~under~~

8 ~~Section 8.2 of the Firearm Owners Identification Card Act~~;

9 and

10 (2) the respondent to comply with ~~Section 9.5 of the~~

11 ~~Firearm Owners Identification Card Act and~~ subsection (g)

12 of Section 70 of the Firearm Concealed Carry Act.

13 (h) Except as otherwise provided in subsection (h-5) of

14 this Section, upon expiration of the period of safekeeping, if

15 the firearms, ammunition, and firearm parts that could be

16 assembled to make an operable firearm ~~or Firearm Owner's~~

17 ~~Identification Card~~ and concealed carry license cannot be

18 returned to the respondent because the respondent cannot be

19 located, fails to respond to requests to retrieve the

20 firearms, or is not lawfully eligible to possess a firearm,

21 ammunition, or firearm parts that could be assembled to make

22 an operable firearm, upon petition from the local law

23 enforcement agency, the court may order the local law

24 enforcement agency to destroy the firearms, ammunition, and

25 firearm parts that could be assembled to make an operable

26 firearm, use the firearms, ammunition, and firearm parts that

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1 could be assembled to make an operable firearm for training

2 purposes, or use the firearms, ammunition, and firearm parts

3 that could be assembled to make an operable firearm for any

4 other application as deemed appropriate by the local law

5 enforcement agency.

6 (h-5) On or before January 1, 2022, a respondent whose

7 firearms have been turned over to a local law enforcement

8 agency ~~Firearm Owner's Identification Card has been revoked or~~

9 ~~suspended~~ may petition the court, if the petitioner is present

10 in court or has notice of the respondent's petition, to

11 transfer the respondent's firearm, ammunition, and firearm

12 parts that could be assembled to make an operable firearm to a

13 person who is lawfully able to possess the firearm,

14 ammunition, and firearm parts that could be assembled to make

15 an operable firearm if the person does not reside at the same

16 address as the respondent. Notice of the petition shall be

17 served upon the person protected by the emergency firearms

18 restraining order. While the order is in effect, the

19 transferee who receives the respondent's firearms, ammunition,

20 and firearm parts that could be assembled to make an operable

21 firearm must swear or affirm by affidavit that he or she shall

22 not transfer the firearm, ammunition, and firearm parts that

23 could be assembled to make an operable firearm to the

24 respondent or to anyone residing in the same residence as the

25 respondent.

26 (h-6) If a person other than the respondent claims title

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1 to any firearms, ammunition, and firearm parts that could be

2 assembled to make an operable firearm surrendered under this

3 Section, he or she may petition the court, if the petitioner is

4 present in court or has notice of the petition, to have the

5 firearm, ammunition, and firearm parts that could be assembled

6 to make an operable firearm returned to him or her. If the

7 court determines that person to be the lawful owner of the

8 firearm, ammunition, and firearm parts that could be assembled

9 to make an operable firearm, the firearm, ammunition, and

10 firearm parts that could be assembled to make an operable

11 firearm shall be returned to him or her, provided that:

12 (1) the firearm, ammunition, and firearm parts that

13 could be assembled to make an operable firearm are removed

14 from the respondent's custody, control, or possession and

15 the lawful owner agrees to store the firearm, ammunition,

16 and firearm parts that could be assembled to make an

17 operable firearm in a manner such that the respondent does

18 not have access to or control of the firearm, ammunition,

19 and firearm parts that could be assembled to make an

20 operable firearm; and

21 (2) the firearm, ammunition, and firearm parts that

22 could be assembled to make an operable firearm are not

23 otherwise unlawfully possessed by the owner.

24 The person petitioning for the return of his or her

25 firearm, ammunition, and firearm parts that could be assembled

26 to make an operable firearm must swear or affirm by affidavit

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1 that he or she: (i) is the lawful owner of the firearm,

2 ammunition, and firearm parts that could be assembled to make

3 an operable firearm; (ii) shall not transfer the firearm,

4 ammunition, and firearm parts that could be assembled to make

5 an operable firearm to the respondent; and (iii) will store

6 the firearm, ammunition, and firearm parts that could be

7 assembled to make an operable firearm in a manner that the

8 respondent does not have access to or control of the firearm,

9 ammunition, and firearm parts that could be assembled to make

10 an operable 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. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;

21 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.

22 5-13-22.)

23 (430 ILCS 67/40)

24 Sec. 40. Plenary orders.

25 (a) A petitioner may request a firearms restraining order

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1 for up to one year by filing an affidavit or verified pleading

2 alleging that the respondent poses a significant danger of

3 causing personal injury to himself, herself, or another in the

4 near future by having in his or her custody or control,

5 purchasing, possessing, or receiving a firearm, ammunition,

6 and firearm parts that could be assembled to make an operable

7 firearm. The petition shall also describe the number, types,

8 and locations of any firearms, ammunition, and firearm parts

9 that could be assembled to make an operable firearm presently

10 believed by the petitioner to be possessed or controlled by

11 the respondent. The firearms restraining order may be renewed

12 for an additional period of up to one year in accordance with

13 Section 45 of this Act.

14 (b) If the respondent is alleged to pose a significant

15 danger of causing personal injury to an intimate partner, or

16 an intimate partner is alleged to have been the target of a

17 threat or act of violence by the respondent, the petitioner

18 shall make a good faith effort to provide notice to any and all

19 intimate partners of the respondent. The notice must include

20 the duration of time that the petitioner intends to petition

21 the court for a 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

25 having provided the notice in the filed affidavit or verified

26 pleading. If, after making a good faith effort, the petitioner

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1 is unable to provide notice to any or all intimate partners,

2 the affidavit or verified pleading should describe what

3 efforts were made.

4 (c) Every person who files a petition for a plenary

5 firearms restraining order, knowing the information provided

6 to the court at any hearing or in the affidavit or verified

7 pleading to be false, is guilty of perjury under Section 32-2

8 of the Criminal Code of 2012.

9 (d) Upon receipt of a petition for a plenary firearms

10 restraining order, the court shall order a hearing within 30

11 days.

12 (e) In determining whether to issue a firearms restraining

13 order under this Section, the court shall consider evidence

14 including, but not limited to, the following:

15 (1) The unlawful and reckless use, display, or

16 brandishing of a firearm, ammunition, and firearm parts

17 that could be assembled to make an operable firearm by the

18 respondent.

19 (2) The history of use, attempted use, or threatened

20 use of physical force by the respondent against another

21 person.

22 (3) Any prior arrest of the respondent for a felony

23 offense.

24 (4) Evidence of the abuse of controlled substances or

25 alcohol by the respondent.

26 (5) A recent threat of violence or act of violence by

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1 the respondent directed toward himself, herself, or

2 another.

3 (6) A violation of an emergency order of protection

4 issued under Section 217 of the Illinois Domestic Violence

5 Act of 1986 or Section 112A-17 of the Code of Criminal

6 Procedure of 1963 or of an order of protection issued

7 under Section 214 of the Illinois Domestic Violence Act of

8 1986 or Section 112A-14 of the Code of Criminal Procedure

9 of 1963.

10 (7) A pattern of violent acts or violent threats,

11 including, but not limited to, threats of violence or acts

12 of violence by the respondent directed toward himself,

13 herself, or another.

14 (f) At the hearing, the petitioner shall have the burden

15 of proving, by clear and convincing evidence, that the

16 respondent poses a significant danger of personal injury to

17 himself, herself, or another by having in his or her custody or

18 control, purchasing, possessing, or receiving a firearm,

19 ammunition, and firearm parts that could be assembled to make

20 an operable firearm.

21 (g) If the court finds that there is clear and convincing

22 evidence to issue a plenary firearms restraining order, the

23 court shall issue a firearms restraining order that shall be

24 in effect for up to one year, but not less than 6 months,

25 subject to renewal under Section 45 of this Act or termination

26 under that Section.

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1 (g-5) If the court issues a plenary firearms restraining

2 order, it shall, upon a finding of probable cause that the

3 respondent possesses firearms, ammunition, and firearm parts

4 that could be assembled to make an operable firearm, issue a

5 search warrant directing a law enforcement agency to seize the

6 respondent's firearms, ammunition, and firearm parts that

7 could be assembled to make an operable firearm. The court may,

8 as part of that warrant, direct the law enforcement agency to

9 search the respondent's residence and other places where the

10 court finds there is probable cause to believe he or she is

11 likely to possess the firearms, ammunition, and firearm parts

12 that could be assembled to make an operable firearm. A return

13 of the search warrant shall be filed by the law enforcement

14 agency within 4 days thereafter, setting forth the time, date,

15 and location that the search warrant was executed and what

16 items, if any, were seized.

17 (h) A plenary firearms restraining order shall require:

18 (1) the respondent to refrain from having in his or

19 her custody or control, purchasing, possessing, or

20 receiving additional firearms, ammunition, and firearm

21 parts that could be assembled to make an operable firearm

22 for the duration of the order ~~under Section 8.2 of the~~

23 ~~Firearm Owners Identification Card Act~~; and

24 (2) the respondent to comply with ~~Section 9.5 of the~~

25 ~~Firearm Owners Identification Card Act and~~ subsection (g)

26 of Section 70 of the Firearm Concealed Carry Act.

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1 (i) Except as otherwise provided in subsection (i-5) of

2 this Section, upon expiration of the period of safekeeping, if

3 the firearms, ammunition, and firearm parts that could be

4 assembled to make an operable firearm ~~or Firearm Owner's~~

5 ~~Identification Card~~ cannot be returned to the respondent

6 because the respondent cannot be located, fails to respond to

7 requests to retrieve the firearms, ammunition, and firearm

8 parts that could be assembled to make an operable firearm, or

9 is not lawfully eligible to possess a firearm, ammunition, and

10 firearm parts that could be assembled to make an operable

11 firearm, upon petition from the local law enforcement agency,

12 the court may order the local law enforcement agency to

13 destroy the firearms, ammunition, and firearm parts that could

14 be assembled to make an operable firearm, use the firearms,

15 ammunition, and firearm parts that could be assembled to make

16 an operable firearm for training purposes, or use the

17 firearms, ammunition, and firearm parts that could be

18 assembled to make an operable firearm for any other

19 application as deemed appropriate by the local law enforcement

20 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,

26 ammunition, and firearm parts that could be assembled to make

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1 an operable firearm to a person who is lawfully able to possess

2 the firearm, ammunition, and firearm parts that could be

3 assembled to make an operable firearm if the person does not

4 reside at the same address as the respondent. Notice of the

5 petition shall be served upon the person protected by the

6 emergency firearms restraining order. While the order is in

7 effect, the transferee who receives the respondent's firearms,

8 ammunition, and firearm parts that could be assembled to make

9 an operable firearm must swear or affirm by affidavit that he

10 or she shall not transfer the firearm, ammunition, and firearm

11 parts that could be assembled to make an operable firearm to

12 the respondent or to anyone residing in the same residence as

13 the respondent.

14 (i-6) If a person other than the respondent claims title

15 to any firearms, ammunition, and firearm parts that could be

16 assembled to make an operable firearm surrendered under this

17 Section, he or she may petition the court, if the petitioner is

18 present in court or has notice of the petition, to have the

19 firearm, ammunition, and firearm parts that could be assembled

20 to make an operable firearm returned to him or her. If the

21 court determines that person to be the lawful owner of the

22 firearm, ammunition, and firearm parts that could be assembled

23 to make an operable firearm, the firearm, ammunition, and

24 firearm parts that could be assembled to make an operable

25 firearm shall be returned to him or her, provided that:

26 (1) the firearm, ammunition, and firearm parts that

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1 could be assembled to make an operable firearm are removed

2 from the respondent's custody, control, or possession and

3 the lawful owner agrees to store the firearm, ammunition,

4 and firearm parts that could be assembled to make an

5 operable firearm in a manner such that the respondent does

6 not have access to or control of the firearm, ammunition,

7 and firearm parts that could be assembled to make an

8 operable firearm; and

9 (2) the firearm, ammunition, and firearm parts that

10 could be assembled to make an operable firearm are not

11 otherwise unlawfully possessed by the owner.

12 The person petitioning for the return of his or her

13 firearm, ammunition, and firearm parts that could be assembled

14 to make an operable firearm must swear or affirm by affidavit

15 that he or she: (i) is the lawful owner of the firearm,

16 ammunition, and firearm parts that could be assembled to make

17 an operable firearm; (ii) shall not transfer the firearm,

18 ammunition, and firearm parts that could be assembled to make

19 an operable firearm to the respondent; and (iii) will store

20 the firearm, ammunition, and firearm parts that could be

21 assembled to make an operable firearm in a manner that the

22 respondent does not have access to or control of the firearm,

23 ammunition, and firearm parts that could be assembled to make

24 an operable firearm.

25 (j) If the court does not issue a firearms restraining

26 order at the hearing, the court shall dissolve any emergency

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1 firearms restraining order then in effect.

2 (k) When the court issues a firearms restraining order

3 under this Section, the court shall inform the respondent that

4 he or she is entitled to one hearing during the period of the

5 order to request a termination of the order, under Section 45

6 of this Act, and shall provide the respondent with a form to

7 request a hearing.

8 (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;

9 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.

10 5-13-22; 102-1116, eff. 1-10-23.)

11 Section 67. The Firearm Dealer License Certification Act

12 is 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

19 copy shall be attached to the documentation detailing the

20 record of sale.

21 (b) A certified licensee shall post in a conspicuous

22 position on the premises where the licensee conducts business

23 a sign that contains the following warning in block letters

24 not less than one inch in height:

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1 "With few exceptions enumerated in the Criminal Code

2 of 2012 ~~Firearm Owners Identification Card Act~~, it is

3 unlawful for you to:

4 (A) store or leave an unsecured firearm in a place

5 where a child can obtain access to it;or

6 ~~(B) sell or transfer your firearm to someone else~~

7 ~~without receiving approval for the transfer from the~~

8 ~~Illinois State Police, or~~

9 (B) ~~(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 Illinois State Police and

12 made available for printing or downloading from the Illinois

13 State Police's website.

14 (c) No retail location established after the effective

15 date of this Act shall be located within 500 feet of any

16 school, pre-school, or day care facility in existence at its

17 location before the retail location is established as measured

18 from the nearest corner of the building holding the retail

19 location to the corner of the school, pre-school, or day care

20 facility building nearest the retail location at the time the

21 retail location seeks licensure.

22 (Source: P.A. 102-538, eff. 8-20-21.)

23 (430 ILCS 68/5-25)

24 Sec. 5-25. Exemptions. The provisions of this Act related

25 to the certification of a license do not apply to a person or

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1 entity that engages in the following activities:

2 (1) temporary transfers of firearms solely for use at

3 the location or on the premises where the transfer takes

4 place, such as transfers at a shooting range for use at

5 that location;

6 (2) temporary transfers of firearms solely for use

7 while in the presence of the transferor or transfers for

8 the purposes of firearm safety training by a firearms

9 safety training instructor;

10 (3) transfers of firearms among immediate family or

11 household members, as "immediate family or household

12 member" is defined in Section 3-2.7-10 of the Unified Code

13 of Corrections, provided that both the transferor and

14 transferee are not prohibited from possessing a firearm

15 under federal or State law ~~have a currently valid Firearm~~

16 ~~Owner's Identification Card; however, this paragraph (3)~~

17 ~~does not limit the familial gift exemption under paragraph~~

18 ~~(2) of subsection (a-15) of Section 3 of the Firearm~~

19 ~~Owners Identification Card Act~~;

20 (4) transfers by persons or entities acting under

21 operation of law or a court order;

22 (5) transfers by persons or entities liquidating all

23 or part of a collection. For purposes of this paragraph

24 (5), "collection" means 2 or more firearms which are of

25 special interest to collectors by reason of some quality

26 other than is associated with firearms intended for

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1 sporting use or as offensive or defensive weapons;

2 (6) transfers of firearms that have been rendered

3 permanently inoperable to a nonprofit historical society,

4 museum, or institutional collection;

5 (7) transfers by a law enforcement or corrections

6 agency or a law enforcement or corrections officer acting

7 within the course and scope of his or her official duties;

8 (8) (blank); ~~transfers to a State or local law~~

9 ~~enforcement agency by a person who has his or her Firearm~~

10 ~~Owner's Identification Card revoked;~~

11 (9) transfers of curios and relics, as defined under

12 federal law, between collectors licensed under subsection

13 (b) of Section 923 of the federal Gun Control Act of 1968;

14 (10) transfers by a person or entity licensed as an

15 auctioneer under the Auction License Act;

16 (10.5) transfers of firearms to a resident registered

17 competitor or attendee or non-resident registered

18 competitor or attendee by a licensed federal firearms

19 dealer under Section 923 of the federal Gun Control Act of

20 1968 at a competitive shooting event held at the World

21 Shooting and Recreational Complex that is sanctioned by a

22 national governing body; or

23 (11) transfers between a pawnshop and a customer which

24 amount to a bailment. For purposes of this paragraph (11),

25 "bailment" means the act of placing property in the

26 custody and control of another, by agreement in which the

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1 holder is responsible for the safekeeping and return of

2 the property.

3 (Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)

4 (430 ILCS 68/5-40)

5 Sec. 5-40. Qualifications for operation.

6 (a) Each certified licensee shall submit with each

7 application for certification or renewal an affidavit to the

8 Illinois State Police stating that each owner, employee, or

9 other agent of the certified licensee who sells or conducts

10 transfers of firearms for the certified licensee is at least

11 21 years of age~~, has a currently valid Firearm Owner's~~

12 ~~Identification Card~~ and, for a renewal, has completed the

13 training required under Section 5-30. The affidavit must also

14 contain the name ~~and Firearm Owner's Identification Card~~

15 ~~number~~ of each owner, employee, or other agent who sells or

16 conducts transfers of firearms for the certified licensee. If

17 an owner, employee, or other agent of the certified licensee

18 is not otherwise a resident of this State, the certified

19 licensee shall submit an affidavit stating that the owner,

20 employee, or other agent has undergone a background check and

21 is not prohibited from owning or possessing firearms.

22 (b) In addition to the affidavit required under subsection

23 (a), within 30 days of a new owner, employee, or other agent

24 beginning selling or conducting transfers of firearms for the

25 certified licensee, the certified licensee shall submit an

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1 affidavit to the Illinois State Police stating the date that

2 the new owner, employee, or other agent began selling or

3 conducting transfers of firearms for the certified licensee,

4 and providing the information required in subsection (a) for

5 that new owner, employee, or other agent.

6 (c) If a certified licensee has a license, certificate, or

7 permit to sell, lease, transfer, purchase, or possess firearms

8 issued by the federal government or the government of any

9 state revoked or suspended for good cause within the preceding

10 4 years, the Illinois State Police may consider revoking or

11 suspending the certified licenses in this State. In making a

12 determination of whether or not to revoke or suspend a

13 certified license in this State, the Illinois State Police

14 shall consider the number of retail locations the certified

15 licensee or any related person or entity operates in this

16 State or in other states under the same or different business

17 names, and the severity of the infraction in the state in which

18 a license was revoked or suspended.

19 (d) Applications and affidavits required under this

20 Section are not subject to disclosure by the Illinois State

21 Police under the Freedom of Information Act.

22 (Source: P.A. 102-538, eff. 8-20-21.)

23 (430 ILCS 68/5-85)

24 Sec. 5-85. Disciplinary sanctions.

25 (a) For violations of this Act not penalized under Section

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1 5-15, the Illinois State Police may refuse to renew or

2 restore, or may reprimand, place on probation, suspend,

3 revoke, or take other disciplinary or non-disciplinary action

4 against any licensee, and may impose a fine commensurate with

5 the severity of the violation not to exceed $10,000 for each

6 violation for any of the following, consistent with the

7 Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901

8 through 7903:

9 (1) Violations of this Act, or any law applicable to

10 the sale or transfer of firearms.

11 (2) A pattern of practice or other behavior which

12 demonstrates incapacity or incompetency to practice under

13 this Act.

14 (3) Aiding or assisting another person in violating

15 any provision of this Act or rules adopted under this Act.

16 (4) Failing, within 60 days, to provide information in

17 response to a written request made by the Illinois State

18 Police.

19 (5) Conviction of, plea of guilty to, or plea of nolo

20 contendere to any crime that disqualifies the person from

21 obtaining a firearm ~~valid Firearm Owner's Identification~~

22 ~~Card~~.

23 (6) Continued practice, although the person has become

24 unfit to practice due to any of the following:

25 (A) Any circumstance that disqualifies the person

26 from obtaining a firearm ~~valid Firearm Owner's~~

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1 ~~Identification Card~~or concealed carry license.

2 (B) Habitual or excessive use or abuse of drugs

3 defined in law as controlled substances, alcohol, or

4 any other substance that results in the inability to

5 practice with reasonable judgment, skill, or safety.

6 (7) Receiving, directly or indirectly, compensation

7 for any firearms sold or transferred illegally.

8 (8) Discipline by another United States jurisdiction,

9 foreign nation, or governmental agency, if at least one of

10 the grounds for the discipline is the same or

11 substantially equivalent to those set forth in this Act.

12 (9) Violation of any disciplinary order imposed on a

13 licensee by the Illinois State Police.

14 (10) A finding by the Illinois State Police that the

15 licensee, after having his or her certified license placed

16 on probationary status, has violated the terms of

17 probation.

18 (11) A fraudulent or material misstatement in the

19 completion of an affirmative obligation or inquiry by law

20 enforcement.

21 (b) All fines imposed under this Section shall be paid

22 within 90 days after the effective date of the final order

23 imposing the fine.

24 (Source: P.A. 102-538, eff. 8-20-21.)

25 Section 70. The Wildlife Code is amended by changing

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1 Sections 3.2 and 3.2a as follows:

2 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)

3 Sec. 3.2. Hunting license; application; instruction.

4 Before the Department or any county, city, village, township,

5 incorporated town clerk or his duly designated agent or any

6 other person authorized or designated by the Department to

7 issue hunting licenses shall issue a hunting license to any

8 person, the person shall file his application with the

9 Department or other party authorized to issue licenses on a

10 form provided by the Department and further give definite

11 proof of identity and place of legal residence. Each clerk

12 designating agents to issue licenses and stamps shall furnish

13 the Department, within 10 days following the appointment, the

14 names and mailing addresses of the agents. Each clerk or his

15 duly designated agent shall be authorized to sell licenses and

16 stamps only within the territorial area for which he was

17 elected or appointed. No duly designated agent is authorized

18 to furnish licenses or stamps for issuance by any other

19 business establishment. Each application shall be executed and

20 sworn to and shall set forth the name and description of the

21 applicant and place of residence.

22 No hunting license shall be issued to any person born on or

23 after January 1, 1980 unless he presents the person authorized

24 to issue the license evidence that he has held a hunting

25 license issued by the State of Illinois or another state in a

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1 prior year, or a certificate of competency as provided in this

2 Section. Persons under 18 years of age may be issued a Lifetime

3 Hunting or Sportsmen's Combination License as provided under

4 Section 20-45 of the Fish and Aquatic Life Code but shall not

5 be entitled to hunt alone, without the supervision of an adult

6 age 21 or older, unless they have a certificate of competency

7 as provided in this Section and the certificate is in their

8 possession while hunting.

9 The Department of Natural Resources shall authorize

10 personnel of the Department or certified volunteer instructors

11 to conduct courses, of not less than 10 hours in length, in

12 firearms and hunter safety, which may include training in bow

13 and arrow safety, at regularly specified intervals throughout

14 the State. Persons successfully completing the course shall

15 receive a certificate of competency. The Department of Natural

16 Resources may further cooperate with any reputable association

17 or organization in establishing courses if the organization

18 has as one of its objectives the promotion of safety in the

19 handling of firearms or bow and arrow.

20 The Department of Natural Resources shall designate any

21 person found by it to be competent to give instruction in the

22 handling of firearms, hunter safety, and bow and arrow. The

23 persons so appointed shall give the course of instruction and

24 upon the successful completion shall issue to the person

25 instructed a certificate of competency in the safe handling of

26 firearms, hunter safety, and bow and arrow. No charge shall be

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1 made for any course of instruction except for materials or

2 ammunition consumed. The Department of Natural Resources shall

3 furnish information on the requirements of hunter safety

4 education programs to be distributed free of charge to

5 applicants for hunting licenses by the persons appointed and

6 authorized to issue licenses. ~~Funds for the conducting of~~

7 ~~firearms and hunter safety courses shall be taken from the fee~~

8 ~~charged for the Firearm Owners Identification Card.~~

9 The fee for a hunting license to hunt all species for a

10 resident of Illinois is $12. For residents age 65 or older,

11 and, commencing with the 2012 license year, resident veterans

12 of the United States Armed Forces after returning from service

13 abroad or mobilization by the President of the United States

14 as an active duty member of the United States Armed Forces, the

15 Illinois National Guard, or the Reserves of the United States

16 Armed Forces, the fee is one-half of the fee charged for a

17 hunting license to hunt all species for a resident of

18 Illinois. Veterans must provide to the Department acceptable

19 verification of their service. The Department shall establish

20 by administrative rule the procedure by which such

21 verification of service shall be made to the Department for

22 the purpose of issuing resident veterans hunting licenses at a

23 reduced fee. The fee for a hunting license to hunt all species

24 shall be $1 for residents over 75 years of age. Nonresidents

25 shall be charged $57 for a hunting license.

26 Nonresidents may be issued a nonresident hunting license

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1 for a period not to exceed 10 consecutive days' hunting in the

2 State and shall be charged a fee of $35.

3 A special nonresident hunting license authorizing a

4 nonresident to take game birds by hunting on a game breeding

5 and hunting preserve area only, established under Section

6 3.27, shall be issued upon proper application being made and

7 payment of a fee equal to that for a resident hunting license.

8 The expiration date of this license shall be on the same date

9 each year that game breeding and hunting preserve area

10 licenses expire.

11 Each applicant for a State Migratory Waterfowl Stamp,

12 regardless of his residence or other condition, shall pay a

13 fee of $15 and shall receive a stamp. The fee for a State

14 Migratory Waterfowl Stamp shall be waived for residents over

15 75 years of age. Except as provided under Section 20-45 of the

16 Fish and Aquatic Life Code, the stamp shall be signed by the

17 person or affixed to his license or permit in a space

18 designated by the Department for that purpose.

19 Each applicant for a State Habitat Stamp, regardless of

20 his residence or other condition, shall pay a fee of $5 and

21 shall receive a stamp. The fee for a State Habitat Stamp shall

22 be waived for residents over 75 years of age. Except as

23 provided under Section 20-45 of the Fish and Aquatic Life

24 Code, the stamp shall be signed by the person or affixed to his

25 license or permit in a space designated by the Department for

26 that purpose.

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1 Nothing in this Section shall be construed as to require

2 the purchase of more than one State Habitat Stamp by any person

3 in any one license year.

4 The fees for State Pheasant Stamps and State Furbearer

5 Stamps shall be waived for residents over 75 years of age.

6 The Department shall furnish the holders of hunting

7 licenses and stamps with an insignia as evidence of possession

8 of license, or license and stamp, as the Department may

9 consider advisable. The insignia shall be exhibited and used

10 as the Department may order.

11 All other hunting licenses and all State stamps shall

12 expire upon March 31 of each year.

13 Every person holding any license, permit, or stamp issued

14 under the provisions of this Act shall have it in his

15 possession for immediate presentation for inspection to the

16 officers and authorized employees of the Department, any

17 sheriff, deputy sheriff, or any other peace officer making a

18 demand for it. This provision shall not apply to Department

19 owned or managed sites where it is required that all hunters

20 deposit their license or ~~,~~permit~~, or Firearm Owner's~~

21 ~~Identification Card~~at the check station upon entering the

22 hunting areas.

23 For the purposes of this Section, "acceptable

24 verification" means official documentation from the Department

25 of Defense or the appropriate Major Command showing

26 mobilization dates or service abroad dates, including: (i) a

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1 DD-214, (ii) a letter from the Illinois Department of Military

2 Affairs for members of the Illinois National Guard, (iii) a

3 letter from the Regional Reserve Command for members of the

4 Armed Forces Reserve, (iv) a letter from the Major Command

5 covering Illinois for active duty members, (v) personnel

6 records for mobilized State employees, and (vi) any other

7 documentation that the Department, by administrative rule,

8 deems acceptable to establish dates of mobilization or service

9 abroad.

10 For the purposes of this Section, the term "service

11 abroad" means active duty service outside of the 50 United

12 States and the District of Columbia, and includes all active

13 duty service in territories and possessions of the United

14 States.

15 (Source: P.A. 101-81, eff. 7-12-19; 102-780, eff. 5-13-22.)

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 75. The Criminal Code of 2012 is amended by

4 changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,

5 24-1.1, 24-1.6, 24-1.8, 24-1.9, 24-1.10, 24-2, 24-3, 24-3.1,

6 24-3.2, 24-3.4, 24-3.5, 24-3B, 24-4.1, 24-5.1, and 24-9 and

7 adding Section 24-4.5 as follows:

8 (720 ILCS 5/2-7.1)

9 Sec. 2-7.1. "Firearm~~"Firearm" and "firearm~~ ammunition".

10 "Firearm~~"Firearm" and "firearm~~ammunition"means any

11 self-contained cartridge or shotgun shell, by whatever name

12 known, which is designed to be used or adaptable to use in a

13 firearm; excluding, however:

14 (1) any ammunition exclusively designed for use with a

15 device used exclusively for signaling or safety and required

16 or recommended by the United States Coast Guard or the

17 Interstate Commerce Commission; and

18 (2) any ammunition designed exclusively for use with a

19 stud or rivet driver or other similar industrial ammunition

20 ~~have the meanings ascribed to them in Section 1.1 of the~~

21 ~~Firearm Owners Identification Card Act~~.

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

23 (720 ILCS 5/2-7.5)

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1 Sec. 2-7.5. "Firearm". Except as otherwise provided in a

2 specific Section, "firearm"means any device, by whatever name

3 known, which is designed to expel a projectile or projectiles

4 by the action of an explosion, expansion of gas or escape of

5 gas; excluding, however:

6 (1) any pneumatic gun, spring gun, paint ball gun, or B-B

7 gun which expels a single globular projectile not exceeding

8 .18 inch in diameter or which has a maximum muzzle velocity of

9 less than 700 feet per second;

10 (1.1) any pneumatic gun, spring gun, paint ball gun, or

11 B-B gun which expels breakable paint balls containing washable

12 marking colors;

13 (2) any device used exclusively for signaling or safety

14 and required or recommended by the United States Coast Guard

15 or the Interstate Commerce Commission;

16 (3) any device used exclusively for the firing of stud

17 cartridges, explosive rivets, or similar industrial

18 ammunition; and

19 (4) an antique firearm (other than a machine-gun) which,

20 although designed as a weapon, the Illinois State Police finds

21 by reason of the date of its manufacture, value, design, and

22 other characteristics is primarily a collector's item and is

23 not likely to be used as a weapon ~~has the meaning ascribed to~~

24 ~~it in Section 1.1 of the Firearm Owners Identification Card~~

25 ~~Act~~.

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

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

2 Sec. 12-3.05. Aggravated battery.

3 (a) Offense based on injury. A person commits aggravated

4 battery when, in committing a battery, other than by the

5 discharge of a firearm, he or she knowingly does any of the

6 following:

7 (1) Causes great bodily harm or permanent disability

8 or disfigurement.

9 (2) Causes severe and permanent disability, great

10 bodily harm, or disfigurement by means of a caustic or

11 flammable substance, a poisonous gas, a deadly biological

12 or chemical contaminant or agent, a radioactive substance,

13 or a bomb or explosive compound.

14 (3) Causes great bodily harm or permanent disability

15 or disfigurement to an individual whom the person knows to

16 be a peace officer, community policing volunteer, fireman,

17 private security officer, correctional institution

18 employee, or Department of Human Services employee

19 supervising or controlling sexually dangerous persons or

20 sexually violent persons:

21 (i) performing his or her official duties;

22 (ii) battered to prevent performance of his or her

23 official duties; or

24 (iii) battered in retaliation for performing his

25 or her official duties.

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1 (4) Causes great bodily harm or permanent disability

2 or disfigurement to an individual 60 years of age or

3 older.

4 (5) Strangles another individual.

5 (b) Offense based on injury to a child or person with an

6 intellectual disability. A person who is at least 18 years of

7 age commits aggravated battery when, in committing a battery,

8 he or she knowingly and without legal justification by any

9 means:

10 (1) causes great bodily harm or permanent disability

11 or disfigurement to any child under the age of 13 years, or

12 to any person with a severe or profound intellectual

13 disability; or

14 (2) causes bodily harm or disability or disfigurement

15 to any child under the age of 13 years or to any person

16 with a severe or profound intellectual disability.

17 (c) Offense based on location of conduct. A person commits

18 aggravated battery when, in committing a battery, other than

19 by the discharge of a firearm, he or she is or the person

20 battered is on or about a public way, public property, a public

21 place of accommodation or amusement, a sports venue, or a

22 domestic violence shelter, or in a church, synagogue, mosque,

23 or other building, structure, or place used for religious

24 worship.

25 (d) Offense based on status of victim. A person commits

26 aggravated battery when, in committing a battery, other than

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1 by discharge of a firearm, he or she knows the individual

2 battered to be any of the following:

3 (1) A person 60 years of age or older.

4 (2) A person who is pregnant or has a physical

5 disability.

6 (3) A teacher or school employee upon school grounds

7 or grounds adjacent to a school or in any part of a

8 building used for school purposes.

9 (4) A peace officer, community policing volunteer,

10 fireman, private security officer, correctional

11 institution employee, or Department of Human Services

12 employee supervising or controlling sexually dangerous

13 persons or sexually violent persons:

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 (5) A judge, emergency management worker, emergency

20 medical services personnel, or utility worker:

21 (i) performing his or her official duties;

22 (ii) battered to prevent performance of his or her

23 official duties; or

24 (iii) battered in retaliation for performing his

25 or her official duties.

26 (6) An officer or employee of the State of Illinois, a

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1 unit of local government, or a school district, while

2 performing his or her official duties.

3 (7) A transit employee performing his or her official

4 duties, or a transit passenger.

5 (8) A taxi driver on duty.

6 (9) A merchant who detains the person for an alleged

7 commission of retail theft under Section 16-26 of this

8 Code and the person without legal justification by any

9 means causes bodily harm to the merchant.

10 (10) A person authorized to serve process under

11 Section 2-202 of the Code of Civil Procedure or a special

12 process server appointed by the circuit court while that

13 individual is in the performance of his or her duties as a

14 process server.

15 (11) A nurse while in the performance of his or her

16 duties as a nurse.

17 (12) A merchant: (i) while performing his or her

18 duties, including, but not limited to, relaying directions

19 for healthcare or safety from his or her supervisor or

20 employer or relaying health or safety guidelines,

21 recommendations, regulations, or rules from a federal,

22 State, or local public health agency; and (ii) during a

23 disaster declared by the Governor, or a state of emergency

24 declared by the mayor of the municipality in which the

25 merchant is located, due to a public health emergency and

26 for a period of 6 months after such declaration.

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1 (e) Offense based on use of a firearm. A person commits

2 aggravated battery when, in committing a battery, he or she

3 knowingly does any of the following:

4 (1) Discharges a firearm, other than a machine gun or

5 a firearm equipped with a silencer, and causes any injury

6 to another person.

7 (2) Discharges a firearm, other than a machine gun or

8 a firearm equipped with a silencer, and causes any injury

9 to a person he or she knows to be a peace officer,

10 community policing volunteer, person summoned by a police

11 officer, fireman, private security officer, correctional

12 institution employee, or emergency management worker:

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 (3) Discharges a firearm, other than a machine gun or

19 a firearm equipped with a silencer, and causes any injury

20 to a person he or she knows to be emergency medical

21 services personnel:

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 (4) Discharges a firearm and causes any injury to a

2 person he or she knows to be a teacher, a student in a

3 school, or a school employee, and the teacher, student, or

4 employee is upon school grounds or grounds adjacent to a

5 school or in any part of a building used for school

6 purposes.

7 (5) Discharges a machine gun or a firearm equipped

8 with a silencer, and causes any injury to another person.

9 (6) Discharges a machine gun or a firearm equipped

10 with a silencer, and causes any injury to a person he or

11 she knows to be a peace officer, community policing

12 volunteer, person summoned by a police officer, fireman,

13 private security officer, correctional institution

14 employee or emergency management worker:

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 (7) Discharges a machine gun or a firearm equipped

21 with a silencer, and causes any injury to a person he or

22 she knows to be emergency medical services personnel:

23 (i) performing his or her official duties;

24 (ii) battered to prevent performance of his or her

25 official duties; or

26 (iii) battered in retaliation for performing his

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1 or her official duties.

2 (8) Discharges a machine gun or a firearm equipped

3 with a silencer, and causes any injury to a person he or

4 she knows to be a teacher, or a student in a school, or a

5 school employee, and the teacher, student, or employee is

6 upon school grounds or grounds adjacent to a school or in

7 any part of a building used for school purposes.

8 (f) Offense based on use of a weapon or device. A person

9 commits aggravated battery when, in committing a battery, he

10 or she does any of the following:

11 (1) Uses a deadly weapon other than by discharge of a

12 firearm, or uses an air rifle as defined in Section

13 24.8-0.1 of this Code.

14 (2) Wears a hood, robe, or mask to conceal his or her

15 identity.

16 (3) Knowingly and without lawful justification shines

17 or flashes a laser gunsight or other laser device attached

18 to a firearm, or used in concert with a firearm, so that

19 the laser beam strikes upon or against the person of

20 another.

21 (4) Knowingly video or audio records the offense with

22 the intent to disseminate the recording.

23 (g) Offense based on certain conduct. A person commits

24 aggravated battery when, other than by discharge of a firearm,

25 he or she does any of the following:

26 (1) Violates Section 401 of the Illinois Controlled

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1 Substances Act by unlawfully delivering a controlled

2 substance to another and any user experiences great bodily

3 harm or permanent disability as a result of the injection,

4 inhalation, or ingestion of any amount of the controlled

5 substance.

6 (2) Knowingly administers to an individual or causes

7 him or her to take, without his or her consent or by threat

8 or deception, and for other than medical purposes, any

9 intoxicating, poisonous, stupefying, narcotic,

10 anesthetic, or controlled substance, or gives to another

11 person any food containing any substance or object

12 intended to cause physical injury if eaten.

13 (3) Knowingly causes or attempts to cause a

14 correctional institution employee or Department of Human

15 Services employee to come into contact with blood, seminal

16 fluid, urine, or feces by throwing, tossing, or expelling

17 the fluid or material, and the person is an inmate of a

18 penal institution or is a sexually dangerous person or

19 sexually violent person in the custody of the Department

20 of Human Services.

21 (h) Sentence. Unless otherwise provided, aggravated

22 battery is a Class 3 felony.

23 Aggravated battery as defined in subdivision (a)(4),

24 (d)(4), or (g)(3) is a Class 2 felony.

25 Aggravated battery as defined in subdivision (a)(3) or

26 (g)(1) is a Class 1 felony.

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1 Aggravated battery as defined in subdivision (a)(1) is a

2 Class 1 felony when the aggravated battery was intentional and

3 involved the infliction of torture, as defined in paragraph

4 (14) of subsection (b) of Section 9-1 of this Code, as the

5 infliction of or subjection to extreme physical pain,

6 motivated by an intent to increase or prolong the pain,

7 suffering, or agony of the victim.

8 Aggravated battery as defined in subdivision (a)(1) is a

9 Class 2 felony when the person causes great bodily harm or

10 permanent disability to an individual whom the person knows to

11 be a member of a congregation engaged in prayer or other

12 religious activities at a church, synagogue, mosque, or other

13 building, structure, or place used for religious worship.

14 Aggravated battery under subdivision (a)(5) is a Class 1

15 felony if:

16 (A) the person used or attempted to use a dangerous

17 instrument while committing the offense;

18 (B) the person caused great bodily harm or permanent

19 disability or disfigurement to the other person while

20 committing the offense; or

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

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

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

24 state.

25 Aggravated battery as defined in subdivision (e)(1) is a

26 Class X felony.

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1 Aggravated battery as defined in subdivision (a)(2) is a

2 Class X felony for which a person shall be sentenced to a term

3 of imprisonment of a minimum of 6 years and a maximum of 45

4 years.

5 Aggravated battery as defined in subdivision (e)(5) is a

6 Class X felony for which a person shall be sentenced to a term

7 of imprisonment of a minimum of 12 years and a maximum of 45

8 years.

9 Aggravated battery as defined in subdivision (e)(2),

10 (e)(3), or (e)(4) is a Class X felony for which a person shall

11 be sentenced to a term of imprisonment of a minimum of 15 years

12 and a maximum of 60 years.

13 Aggravated battery as defined in subdivision (e)(6),

14 (e)(7), or (e)(8) is a Class X felony for which a person shall

15 be sentenced to a term of imprisonment of a minimum of 20 years

16 and a maximum of 60 years.

17 Aggravated battery as defined in subdivision (b)(1) is a

18 Class X felony, except that:

19 (1) if the person committed the offense while armed

20 with a firearm, 15 years shall be added to the term of

21 imprisonment imposed by the court;

22 (2) if, during the commission of the offense, the

23 person personally discharged a firearm, 20 years shall be

24 added to the term of imprisonment imposed by the court;

25 (3) if, during the commission of the offense, the

26 person personally discharged a firearm that proximately

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1 caused great bodily harm, permanent disability, permanent

2 disfigurement, or death to another person, 25 years or up

3 to a term of natural life shall be added to the term of

4 imprisonment imposed by the court.

5 (i) Definitions. In this Section:

6 "Building or other structure used to provide shelter" has

7 the meaning ascribed to "shelter" in Section 1 of the Domestic

8 Violence Shelters Act.

9 "Domestic violence" has the meaning ascribed to it in

10 Section 103 of the Illinois Domestic Violence Act of 1986.

11 "Domestic violence shelter" means any building or other

12 structure used to provide shelter or other services to victims

13 or to the dependent children of victims of domestic violence

14 pursuant to the Illinois Domestic Violence Act of 1986 or the

15 Domestic Violence Shelters Act, or any place within 500 feet

16 of such a building or other structure in the case of a person

17 who is going to or from such a building or other structure.

18 "Firearm" has the meaning provided under Section 2-7.5 of

19 this Code ~~1.1 of the Firearm Owners Identification Card Act~~,

20 and does not include an air rifle as defined by Section

21 24.8-0.1 of this Code.

22 "Machine gun" has the meaning ascribed to it in Section

23 24-1 of this Code.

24 "Merchant" has the meaning ascribed to it in Section

25 16-0.1 of this Code.

26 "Strangle" means intentionally impeding the normal

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1 breathing or circulation of the blood of an individual by

2 applying pressure on the throat or neck of that individual or

3 by blocking the nose or mouth of that individual.

4 (Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)

5 (720 ILCS 5/16-0.1)

6 Sec. 16-0.1. Definitions. In this Article, unless the

7 context clearly requires otherwise, the following terms are

8 defined as indicated:

9 "Access" means to use, instruct, communicate with, store

10 data in, retrieve or intercept data from, or otherwise utilize

11 any services of a computer.

12 "Coin-operated machine" includes any automatic vending

13 machine or any part thereof, parking meter, coin telephone,

14 coin-operated transit turnstile, transit fare box, coin

15 laundry machine, coin dry cleaning machine, amusement machine,

16 music machine, vending machine dispensing goods or services,

17 or money changer.

18 "Communication device" means any type of instrument,

19 device, machine, or equipment which is capable of

20 transmitting, acquiring, decrypting, or receiving any

21 telephonic, electronic, data, Internet access, audio, video,

22 microwave, or radio transmissions, signals, communications, or

23 services, including the receipt, acquisition, transmission, or

24 decryption of all such communications, transmissions, signals,

25 or services provided by or through any cable television, fiber

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1 optic, telephone, satellite, microwave, radio, Internet-based,

2 data transmission, or wireless distribution network, system or

3 facility; or any part, accessory, or component thereof,

4 including any computer circuit, security module, smart card,

5 software, computer chip, electronic mechanism or other

6 component, accessory or part of any communication device which

7 is capable of facilitating the transmission, decryption,

8 acquisition or reception of all such communications,

9 transmissions, signals, or services.

10 "Communication service" means any service lawfully

11 provided for a charge or compensation to facilitate the lawful

12 origination, transmission, emission, or reception of signs,

13 signals, data, writings, images, and sounds or intelligence of

14 any nature by telephone, including cellular telephones or a

15 wire, wireless, radio, electromagnetic, photo-electronic or

16 photo-optical system; and also any service lawfully provided

17 by any radio, telephone, cable television, fiber optic,

18 satellite, microwave, Internet-based or wireless distribution

19 network, system, facility or technology, including, but not

20 limited to, any and all electronic, data, video, audio,

21 Internet access, telephonic, microwave and radio

22 communications, transmissions, signals and services, and any

23 such communications, transmissions, signals and services

24 lawfully provided directly or indirectly by or through any of

25 those networks, systems, facilities or technologies.

26 "Communication service provider" means: (1) any person or

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1 entity providing any communication service, whether directly

2 or indirectly, as a reseller, including, but not limited to, a

3 cellular, paging or other wireless communications company or

4 other person or entity which, for a fee, supplies the

5 facility, cell site, mobile telephone switching office or

6 other equipment or communication service; (2) any person or

7 entity owning or operating any cable television, fiber optic,

8 satellite, telephone, wireless, microwave, radio, data

9 transmission or Internet-based distribution network, system or

10 facility; and (3) any person or entity providing any

11 communication service directly or indirectly by or through any

12 such distribution system, network or facility.

13 "Computer" means a device that accepts, processes, stores,

14 retrieves or outputs data, and includes but is not limited to

15 auxiliary storage and telecommunications devices connected to

16 computers.

17 "Continuing course of conduct" means a series of acts, and

18 the accompanying mental state necessary for the crime in

19 question, irrespective of whether the series of acts are

20 continuous or intermittent.

21 "Delivery container" means any bakery basket of wire or

22 plastic used to transport or store bread or bakery products,

23 any dairy case of wire or plastic used to transport or store

24 dairy products, and any dolly or cart of 2 or 4 wheels used to

25 transport or store any bakery or dairy product.

26 "Document-making implement" means any implement,

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1 impression, template, computer file, computer disc, electronic

2 device, computer hardware, computer software, instrument, or

3 device that is used to make a real or fictitious or fraudulent

4 personal identification document.

5 "Financial transaction device" means any of the following:

6 (1) An electronic funds transfer card.

7 (2) A credit card.

8 (3) A debit card.

9 (4) A point-of-sale card.

10 (5) Any instrument, device, card, plate, code, account

11 number, personal identification number, or a record or

12 copy of a code, account number, or personal identification

13 number or other means of access to a credit account or

14 deposit account, or a driver's license or State

15 identification card used to access a proprietary account,

16 other than access originated solely by a paper instrument,

17 that can be used alone or in conjunction with another

18 access device, for any of the following purposes:

19 (A) Obtaining money, cash refund or credit

20 account, credit, goods, services, or any other thing

21 of value.

22 (B) Certifying or guaranteeing to a person or

23 business the availability to the device holder of

24 funds on deposit to honor a draft or check payable to

25 the order of that person or business.

26 (C) Providing the device holder access to a

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1 deposit account for the purpose of making deposits,

2 withdrawing funds, transferring funds between deposit

3 accounts, obtaining information pertaining to a

4 deposit account, or making an electronic funds

5 transfer.

6 "Full retail value" means the merchant's stated or

7 advertised price of the merchandise. "Full retail value"

8 includes the aggregate value of property obtained from retail

9 thefts committed by the same person as part of a continuing

10 course of conduct from one or more mercantile establishments

11 in a single transaction or in separate transactions over a

12 period of one year.

13 "Internet" means an interactive computer service or system

14 or an information service, system, or access software provider

15 that provides or enables computer access by multiple users to

16 a computer server, and includes, but is not limited to, an

17 information service, system, or access software provider that

18 provides access to a network system commonly known as the

19 Internet, or any comparable system or service and also

20 includes, but is not limited to, a World Wide Web page,

21 newsgroup, message board, mailing list, or chat area on any

22 interactive computer service or system or other online

23 service.

24 "Library card" means a card or plate issued by a library

25 facility for purposes of identifying the person to whom the

26 library card was issued as authorized to borrow library

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1 material, subject to all limitations and conditions imposed on

2 the borrowing by the library facility issuing such card.

3 "Library facility" includes any public library or museum,

4 or any library or museum of an educational, historical or

5 eleemosynary institution, organization or society.

6 "Library material" includes any book, plate, picture,

7 photograph, engraving, painting, sculpture, statue, artifact,

8 drawing, map, newspaper, pamphlet, broadside, magazine,

9 manuscript, document, letter, microfilm, sound recording,

10 audiovisual material, magnetic or other tape, electronic data

11 processing record or other documentary, written or printed

12 material regardless of physical form or characteristics, or

13 any part thereof, belonging to, or on loan to or otherwise in

14 the custody of a library facility.

15 "Manufacture or assembly of an unlawful access device"

16 means to make, produce or assemble an unlawful access device

17 or to modify, alter, program or re-program any instrument,

18 device, machine, equipment or software so that it is capable

19 of defeating or circumventing any technology, device or

20 software used by the provider, owner or licensee of a

21 communication service or of any data, audio or video programs

22 or transmissions to protect any such communication, data,

23 audio or video services, programs or transmissions from

24 unauthorized access, acquisition, disclosure, receipt,

25 decryption, communication, transmission or re-transmission.

26 "Manufacture or assembly of an unlawful communication

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1 device" means to make, produce or assemble an unlawful

2 communication or wireless device or to modify, alter, program

3 or reprogram a communication or wireless device to be capable

4 of acquiring, disrupting, receiving, transmitting, decrypting,

5 or facilitating the acquisition, disruption, receipt,

6 transmission or decryption of, a communication service without

7 the express consent or express authorization of the

8 communication service provider, or to knowingly assist others

9 in those activities.

10 "Master sound recording" means the original physical

11 object on which a given set of sounds were first recorded and

12 which the original object from which all subsequent sound

13 recordings embodying the same set of sounds are directly or

14 indirectly derived.

15 "Merchandise" means any item of tangible personal

16 property, including motor fuel.

17 "Merchant" means an owner or operator of any retail

18 mercantile establishment or any agent, employee, lessee,

19 consignee, officer, director, franchisee, or independent

20 contractor of the owner or operator. "Merchant" also means a

21 person who receives from an authorized user of a payment card,

22 or someone the person believes to be an authorized user, a

23 payment card or information from a payment card, or what the

24 person believes to be a payment card or information from a

25 payment card, as the instrument for obtaining, purchasing or

26 receiving goods, services, money, or anything else of value

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1 from the person.

2 "Motor fuel" means a liquid, regardless of its properties,

3 used to propel a vehicle, including gasoline and diesel.

4 "Online" means the use of any electronic or wireless

5 device to access the Internet.

6 "Payment card" means a credit card, charge card, debit

7 card, or any other card that is issued to an authorized card

8 user and that allows the user to obtain, purchase, or receive

9 goods, services, money, or anything else of value from a

10 merchant.

11 "Person with a disability" means a person who suffers from

12 a physical or mental impairment resulting from disease,

13 injury, functional disorder or congenital condition that

14 impairs the individual's mental or physical ability to

15 independently manage his or her property or financial

16 resources, or both.

17 "Personal identification document" means a birth

18 certificate, a driver's license, a State identification card,

19 a public, government, or private employment identification

20 card, a social security card, a license issued under the

21 Firearm Concealed Carry Act ~~firearm owner's identification~~

22 ~~card~~, a credit card, a debit card, or a passport issued to or

23 on behalf of a person other than the offender, or any document

24 made or issued, or falsely purported to have been made or

25 issued, by or under the authority of the United States

26 Government, the State of Illinois, or any other state

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1 political subdivision of any state, or any other governmental

2 or quasi-governmental organization that is of a type intended

3 for the purpose of identification of an individual, or any

4 such document made or altered in a manner that it falsely

5 purports to have been made on behalf of or issued to another

6 person or by the authority of one who did not give that

7 authority.

8 "Personal identifying information" means any of the

9 following information:

10 (1) A person's name.

11 (2) A person's address.

12 (3) A person's date of birth.

13 (4) A person's telephone number.

14 (5) A person's driver's license number or State of

15 Illinois identification card as assigned by the Secretary

16 of State of the State of Illinois or a similar agency of

17 another state.

18 (6) A person's social security number.

19 (7) A person's public, private, or government

20 employer, place of employment, or employment

21 identification number.

22 (8) The maiden name of a person's mother.

23 (9) The number assigned to a person's depository

24 account, savings account, or brokerage account.

25 (10) The number assigned to a person's credit or debit

26 card, commonly known as a "Visa Card", "MasterCard",

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1 "American Express Card", "Discover Card", or other similar

2 cards whether issued by a financial institution,

3 corporation, or business entity.

4 (11) Personal identification numbers.

5 (12) Electronic identification numbers.

6 (13) Digital signals.

7 (14) User names, passwords, and any other word,

8 number, character or combination of the same usable in

9 whole or part to access information relating to a specific

10 individual, or to the actions taken, communications made

11 or received, or other activities or transactions of a

12 specific individual.

13 (15) Any other numbers or information which can be

14 used to access a person's financial resources, or to

15 identify a specific individual, or the actions taken,

16 communications made or received, or other activities or

17 transactions of a specific individual.

18 "Premises of a retail mercantile establishment" includes,

19 but is not limited to, the retail mercantile establishment;

20 any common use areas in shopping centers; and all parking

21 areas set aside by a merchant or on behalf of a merchant for

22 the parking of vehicles for the convenience of the patrons of

23 such retail mercantile establishment.

24 "Public water, gas, or power supply, or other public

25 services" mean any service subject to regulation by the

26 Illinois Commerce Commission; any service furnished by a

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1 public utility that is owned and operated by any political

2 subdivision, public institution of higher education or

3 municipal corporation of this State; any service furnished by

4 any public utility that is owned by such political

5 subdivision, public institution of higher education, or

6 municipal corporation and operated by any of its lessees or

7 operating agents; any service furnished by an electric

8 cooperative as defined in Section 3.4 of the Electric Supplier

9 Act; or wireless service or other service regulated by the

10 Federal Communications Commission.

11 "Publish" means to communicate or disseminate information

12 to any one or more persons, either orally, in person, or by

13 telephone, radio or television or in writing of any kind,

14 including, without limitation, a letter or memorandum,

15 circular or handbill, newspaper or magazine article or book.

16 "Radio frequency identification device" means any

17 implement, computer file, computer disc, electronic device,

18 computer hardware, computer software, or instrument that is

19 used to activate, read, receive, or decode information stored

20 on a RFID tag or transponder attached to a personal

21 identification document.

22 "RFID tag or transponder" means a chip or device that

23 contains personal identifying information from which the

24 personal identifying information can be read or decoded by

25 another device emitting a radio frequency that activates or

26 powers a radio frequency emission response from the chip or

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1 transponder.

2 "Reencoder" means an electronic device that places encoded

3 information from the magnetic strip or stripe of a payment

4 card onto the magnetic strip or stripe of a different payment

5 card.

6 "Retail mercantile establishment" means any place where

7 merchandise is displayed, held, stored or offered for sale to

8 the public.

9 "Scanning device" means a scanner, reader, or any other

10 electronic device that is used to access, read, scan, obtain,

11 memorize, or store, temporarily or permanently, information

12 encoded on the magnetic strip or stripe of a payment card.

13 "Shopping cart" means those push carts of the type or

14 types which are commonly provided by grocery stores, drug

15 stores or other retail mercantile establishments for the use

16 of the public in transporting commodities in stores and

17 markets and, incidentally, from the stores to a place outside

18 the store.

19 "Sound or audio visual recording" means any sound or audio

20 visual phonograph record, disc, pre-recorded tape, film, wire,

21 magnetic tape or other object, device or medium, now known or

22 hereafter invented, by which sounds or images may be

23 reproduced with or without the use of any additional machine,

24 equipment or device.

25 "Stored value card" means any card, gift card, instrument,

26 or device issued with or without fee for the use of the

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1 cardholder to obtain money, goods, services, or anything else

2 of value. Stored value cards include, but are not limited to,

3 cards issued for use as a stored value card or gift card, and

4 an account identification number or symbol used to identify a

5 stored value card. "Stored value card" does not include a

6 prepaid card usable at multiple, unaffiliated merchants or at

7 automated teller machines, or both. "Stored value card" shall

8 only apply to Section 16-25.1 of this Act.

9 "Theft detection device remover" means any tool or device

10 specifically designed and intended to be used to remove any

11 theft detection device from any merchandise.

12 "Under-ring" means to cause the cash register or other

13 sales recording device to reflect less than the full retail

14 value of the merchandise.

15 "Unidentified sound or audio visual recording" means a

16 sound or audio visual recording without the actual name and

17 full and correct street address of the manufacturer, and the

18 name of the actual performers or groups prominently and

19 legibly printed on the outside cover or jacket and on the label

20 of such sound or audio visual recording.

21 "Unlawful access device" means any type of instrument,

22 device, machine, equipment, technology, or software which is

23 primarily possessed, used, designed, assembled, manufactured,

24 sold, distributed or offered, promoted or advertised for the

25 purpose of defeating or circumventing any technology, device

26 or software, or any component or part thereof, used by the

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1 provider, owner or licensee of any communication service or of

2 any data, audio or video programs or transmissions to protect

3 any such communication, audio or video services, programs or

4 transmissions from unauthorized access, acquisition, receipt,

5 decryption, disclosure, communication, transmission or

6 re-transmission.

7 "Unlawful communication device" means any electronic

8 serial number, mobile identification number, personal

9 identification number or any communication or wireless device

10 that is capable of acquiring or facilitating the acquisition

11 of a communication service without the express consent or

12 express authorization of the communication service provider,

13 or that has been altered, modified, programmed or

14 reprogrammed, alone or in conjunction with another

15 communication or wireless device or other equipment, to so

16 acquire or facilitate the unauthorized acquisition of a

17 communication service. "Unlawful communication device" also

18 means:

19 (1) any phone altered to obtain service without the

20 express consent or express authorization of the

21 communication service provider, tumbler phone, counterfeit

22 or clone phone, tumbler microchip, counterfeit or clone

23 microchip, scanning receiver of wireless communication

24 service or other instrument capable of disguising its

25 identity or location or of gaining unauthorized access to

26 a communications or wireless system operated by a

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1 communication service provider; and

2 (2) any communication or wireless device which is

3 capable of, or has been altered, designed, modified,

4 programmed or reprogrammed, alone or in conjunction with

5 another communication or wireless device or devices, so as

6 to be capable of, facilitating the disruption,

7 acquisition, receipt, transmission or decryption of a

8 communication service without the express consent or

9 express authorization of the communication service

10 provider, including, but not limited to, any device,

11 technology, product, service, equipment, computer software

12 or component or part thereof, primarily distributed, sold,

13 designed, assembled, manufactured, modified, programmed,

14 reprogrammed or used for the purpose of providing the

15 unauthorized receipt of, transmission of, disruption of,

16 decryption of, access to or acquisition of any

17 communication service provided by any communication

18 service provider.

19 "Vehicle" means a motor vehicle, motorcycle, or farm

20 implement that is self-propelled and that uses motor fuel for

21 propulsion.

22 "Wireless device" includes any type of instrument, device,

23 machine, or equipment that is capable of transmitting or

24 receiving telephonic, electronic or radio communications, or

25 any part of such instrument, device, machine, or equipment, or

26 any computer circuit, computer chip, electronic mechanism, or

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1 other component that is capable of facilitating the

2 transmission or reception of telephonic, electronic, or radio

3 communications.

4 (Source: P.A. 102-757, eff. 5-13-22.)

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

6 Sec. 17-30. Defaced, altered, or removed manufacturer or

7 owner identification number.

8 (a) Unlawful sale of household appliances. A person

9 commits unlawful sale of household appliances when he or she

10 knowingly, with the intent to defraud or deceive another,

11 keeps for sale, within any commercial context, any household

12 appliance with a missing, defaced, obliterated, or otherwise

13 altered manufacturer's identification number.

14 (b) Construction equipment identification defacement. A

15 person commits construction equipment identification

16 defacement when he or she knowingly changes, alters, removes,

17 mutilates, or obliterates a permanently affixed serial number,

18 product identification number, part number, component

19 identification number, owner-applied identification, or other

20 mark of identification attached to or stamped, inscribed,

21 molded, or etched into a machine or other equipment, whether

22 stationary or mobile or self-propelled, or a part of such

23 machine or equipment, used in the construction, maintenance,

24 or demolition of buildings, structures, bridges, tunnels,

25 sewers, utility pipes or lines, ditches or open cuts, roads,

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1 highways, dams, airports, or waterways or in material handling

2 for such projects.

3 The trier of fact may infer that the defendant has

4 knowingly changed, altered, removed, or obliterated the serial

5 number, product identification number, part number, component

6 identification number, owner-applied identification number, or

7 other mark of identification, if the defendant was in

8 possession of any machine or other equipment or a part of such

9 machine or equipment used in the construction, maintenance, or

10 demolition of buildings, structures, bridges, tunnels, sewers,

11 utility pipes or lines, ditches or open cuts, roads, highways,

12 dams, airports, or waterways or in material handling for such

13 projects upon which any such serial number, product

14 identification number, part number, component identification

15 number, owner-applied identification number, or other mark of

16 identification has been changed, altered, removed, or

17 obliterated.

18 (c) Defacement of manufacturer's serial number or

19 identification mark. A person commits defacement of a

20 manufacturer's serial number or identification mark when he or

21 she knowingly removes, alters, defaces, covers, or destroys

22 the manufacturer's serial number or any other manufacturer's

23 number or distinguishing identification mark upon any machine

24 or other article of merchandise, other than a motor vehicle as

25 defined in Section 1-146 of the Illinois Vehicle Code or a

26 firearm ~~as defined in the Firearm Owners Identification Card~~

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1 ~~Act~~, with the intent of concealing or destroying the identity

2 of such machine or other article of merchandise.

3 (d) Sentence.

4 (1) A violation of subsection (a) of this Section is a

5 Class 4 felony if the value of the appliance or appliances

6 exceeds $1,000 and a Class B misdemeanor if the value of

7 the appliance or appliances is $1,000 or less.

8 (2) A violation of subsection (b) of this Section is a

9 Class A misdemeanor.

10 (3) A violation of subsection (c) of this Section is a

11 Class B misdemeanor.

12 (e) No liability shall be imposed upon any person for the

13 unintentional failure to comply with subsection (a).

14 (f) Definitions. In this Section:

15 "Commercial context" means a continuing business

16 enterprise conducted for profit by any person whose primary

17 business is the wholesale or retail marketing of household

18 appliances, or a significant portion of whose business or

19 inventory consists of household appliances kept or sold on a

20 wholesale or retail basis.

21 "Household appliance" means any gas or electric device or

22 machine marketed for use as home entertainment or for

23 facilitating or expediting household tasks or chores. The term

24 shall include but not necessarily be limited to refrigerators,

25 freezers, ranges, radios, television sets, vacuum cleaners,

26 toasters, dishwashers, and other similar household items.

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1 "Manufacturer's identification number" means any serial

2 number or other similar numerical or alphabetical designation

3 imprinted upon or attached to or placed, stamped, or otherwise

4 imprinted upon or attached to a household appliance or item by

5 the manufacturer for purposes of identifying a particular

6 appliance or item individually or by lot number.

7 (Source: P.A. 96-1551, eff. 7-1-11.)

8 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

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

10 (a) A person commits the offense of unlawful use of

11 weapons when he knowingly:

12 (1) Sells, manufactures, purchases, possesses or

13 carries any bludgeon, black-jack, slung-shot, sand-club,

14 sand-bag, metal knuckles or other knuckle weapon

15 regardless of its composition, throwing star, or any

16 knife, commonly referred to as a switchblade knife, which

17 has a blade that opens automatically by hand pressure

18 applied to a button, spring or other device in the handle

19 of the knife, or a ballistic knife, which is a device that

20 propels a knifelike blade as a projectile by means of a

21 coil spring, elastic material or compressed gas; or

22 (2) Carries or possesses with intent to use the same

23 unlawfully against another, a dagger, dirk, billy,

24 dangerous knife, razor, stiletto, broken bottle or other

25 piece of glass, stun gun or taser or any other dangerous or

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1 deadly weapon or instrument of like character; or

2 (2.5) Carries or possesses with intent to use the same

3 unlawfully against another, any firearm in a church,

4 synagogue, mosque, or other building, structure, or place

5 used for religious worship; or

6 (3) Carries on or about his person or in any vehicle, a

7 tear gas gun projector or bomb or any object containing

8 noxious liquid gas or substance, other than an object

9 containing a non-lethal noxious liquid gas or substance

10 designed solely for personal defense carried by a person

11 18 years of age or older; or

12 (4) Carries or possesses in any vehicle or concealed

13 on or about his person except when on his land or in his

14 own abode, legal dwelling, or fixed place of business, or

15 on the land or in the legal dwelling of another person as

16 an invitee with that person's permission, any pistol,

17 revolver, stun gun or taser or other firearm, except that

18 this subsection (a)(4) does not apply to or affect

19 transportation of weapons that meet one of the following

20 conditions:

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

22 (ii) are not immediately accessible; or

23 (iii) are unloaded and enclosed in a case, firearm

24 carrying box, shipping box, or other container by a

25 person eligible under State and federal law to possess

26 a firearm ~~who has been issued a currently valid~~

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1 ~~Firearm Owner's Identification Card~~; or

2 (iv) are carried or possessed in accordance with

3 the Firearm Concealed Carry Act by a person who has

4 been issued a currently valid license under the

5 Firearm Concealed Carry Act; or

6 (5) Sets a spring gun; or

7 (6) Possesses any device or attachment of any kind

8 designed, used or intended for use in silencing the report

9 of any firearm; or

10 (7) Sells, manufactures, purchases, possesses or

11 carries:

12 (i) a machine gun, which shall be defined for the

13 purposes of this subsection as any weapon, which

14 shoots, is designed to shoot, or can be readily

15 restored to shoot, automatically more than one shot

16 without manually reloading by a single function of the

17 trigger, including the frame or receiver of any such

18 weapon, or sells, manufactures, purchases, possesses,

19 or carries any combination of parts designed or

20 intended for use in converting any weapon into a

21 machine gun, or any combination or parts from which a

22 machine gun can be assembled if such parts are in the

23 possession or under the control of a person;

24 (ii) any rifle having one or more barrels less

25 than 16 inches in length or a shotgun having one or

26 more barrels less than 18 inches in length or any

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1 weapon made from a rifle or shotgun, whether by

2 alteration, modification, or otherwise, if such a

3 weapon as modified has an overall length of less than

4 26 inches; or

5 (iii) any bomb, bomb-shell, grenade, bottle or

6 other container containing an explosive substance of

7 over one-quarter ounce for like purposes, such as, but

8 not limited to, black powder bombs and Molotov

9 cocktails or artillery projectiles; or

10 (8) Carries or possesses any firearm, stun gun or

11 taser or other deadly weapon in any place which is

12 licensed to sell intoxicating beverages, or at any public

13 gathering held pursuant to a license issued by any

14 governmental body or any public gathering at which an

15 admission is charged, excluding a place where a showing,

16 demonstration or lecture involving the exhibition of

17 unloaded firearms is conducted.

18 This subsection (a)(8) does not apply to any auction

19 or raffle of a firearm held pursuant to a license or permit

20 issued by a governmental body, nor does it apply to

21 persons engaged in firearm safety training courses; or

22 (9) Carries or possesses in a vehicle or on or about

23 his or her person any pistol, revolver, stun gun or taser

24 or firearm or ballistic knife, when he or she is hooded,

25 robed or masked in such manner as to conceal his or her

26 identity; or

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1 (10) Carries or possesses on or about his or her

2 person, upon any public street, alley, or other public

3 lands within the corporate limits of a city, village, or

4 incorporated town, except when an invitee thereon or

5 therein, for the purpose of the display of such weapon or

6 the lawful commerce in weapons, or except when on his land

7 or in his or her own abode, legal dwelling, or fixed place

8 of business, or on the land or in the legal dwelling of

9 another person as an invitee with that person's

10 permission, any pistol, revolver, stun gun, or taser or

11 other firearm, except that this subsection (a)(10) does

12 not apply to or affect transportation of weapons that meet

13 one of the following conditions:

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

15 (ii) are not immediately accessible; or

16 (iii) are unloaded and enclosed in a case, firearm

17 carrying box, shipping box, or other container by a

18 person eligible under State and federal law to possess

19 a firearm ~~who has been issued a currently valid~~

20 ~~Firearm Owner's Identification Card~~; or

21 (iv) are carried or possessed in accordance with

22 the Firearm Concealed Carry Act by a person who has

23 been issued a currently valid license under the

24 Firearm Concealed Carry Act.

25 A "stun gun or taser", as used in this paragraph (a)

26 means (i) any device which is powered by electrical

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1 charging units, such as, batteries, and which fires one or

2 several barbs attached to a length of wire and which, upon

3 hitting a human, can send out a current capable of

4 disrupting the person's nervous system in such a manner as

5 to render him incapable of normal functioning or (ii) any

6 device which is powered by electrical charging units, such

7 as batteries, and which, upon contact with a human or

8 clothing worn by a human, can send out current capable of

9 disrupting the person's nervous system in such a manner as

10 to render him incapable of normal functioning; or

11 (11) Sells, manufactures, delivers, imports,

12 possesses, or purchases any assault weapon attachment or

13 .50 caliber cartridge in violation of Section 24-1.9 or

14 any explosive bullet. For purposes of this paragraph (a)

15 "explosive bullet" means the projectile portion of an

16 ammunition cartridge which contains or carries an

17 explosive charge which will explode upon contact with the

18 flesh of a human or an animal. "Cartridge" means a tubular

19 metal case having a projectile affixed at the front

20 thereof and a cap or primer at the rear end thereof, with

21 the propellant contained in such tube between the

22 projectile and the cap; or

23 (12) (Blank); or

24 (13) Carries or possesses on or about his or her

25 person while in a building occupied by a unit of

26 government, a billy club, other weapon of like character,

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1 or other instrument of like character intended for use as

2 a weapon. For the purposes of this Section, "billy club"

3 means a short stick or club commonly carried by police

4 officers which is either telescopic or constructed of a

5 solid piece of wood or other man-made material; or

6 (14) Manufactures, possesses, sells, or offers to

7 sell, purchase, manufacture, import, transfer, or use any

8 device, part, kit, tool, accessory, or combination of

9 parts that is designed to and functions to increase the

10 rate of fire of a semiautomatic firearm above the standard

11 rate of fire for semiautomatic firearms that is not

12 equipped with that device, part, or combination of parts;

13 or

14 (15) Carries or possesses any assault weapon or .50

15 caliber rifle in violation of Section 24-1.9; or

16 (16) Manufactures, sells, delivers, imports, or

17 purchases any assault weapon or .50 caliber rifle in

18 violation of Section 24-1.9.

19 (b) Sentence. A person convicted of a violation of

20 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

21 subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)

22 commits a Class A misdemeanor. A person convicted of a

23 violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a

24 Class 4 felony; a person convicted of a violation of

25 subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or

26 24-1(a)(16) commits a Class 3 felony. A person convicted of a

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1 violation of subsection 24-1(a)(7)(i) commits a Class 2 felony

2 and shall be sentenced to a term of imprisonment of not less

3 than 3 years and not more than 7 years, unless the weapon is

4 possessed in the passenger compartment of a motor vehicle as

5 defined in Section 1-146 of the Illinois Vehicle Code, or on

6 the person, while the weapon is loaded, in which case it shall

7 be a Class X felony. A person convicted of a second or

8 subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),

9 24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3

10 felony. A person convicted of a violation of subsection

11 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The

12 possession of each weapon or device in violation of this

13 Section constitutes a single and separate violation.

14 (c) Violations in specific places.

15 (1) A person who violates subsection 24-1(a)(6) or

16 24-1(a)(7) in any school, regardless of the time of day or

17 the time of year, in residential property owned, operated

18 or managed by a public housing agency or leased by a public

19 housing agency as part of a scattered site or mixed-income

20 development, in a public park, in a courthouse, on the

21 real property comprising any school, regardless of the

22 time of day or the time of year, on residential property

23 owned, operated or managed by a public housing agency or

24 leased by a public housing agency as part of a scattered

25 site or mixed-income development, on the real property

26 comprising any public park, on the real property

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1 comprising any courthouse, in any conveyance owned, leased

2 or contracted by a school to transport students to or from

3 school or a school related activity, in any conveyance

4 owned, leased, or contracted by a public transportation

5 agency, or on any public way within 1,000 feet of the real

6 property comprising any school, public park, courthouse,

7 public transportation facility, or residential property

8 owned, operated, or managed by a public housing agency or

9 leased by a public housing agency as part of a scattered

10 site or mixed-income development commits a Class 2 felony

11 and shall be sentenced to a term of imprisonment of not

12 less than 3 years and not more than 7 years.

13 (1.5) A person who violates subsection 24-1(a)(4),

14 24-1(a)(9), or 24-1(a)(10) in any school, regardless of

15 the time of day or the time of year, in residential

16 property owned, operated, or managed by a public housing

17 agency or leased by a public housing agency as part of a

18 scattered site or mixed-income development, in a public

19 park, in a courthouse, on the real property comprising any

20 school, regardless of the time of day or the time of year,

21 on residential property owned, operated, or managed by a

22 public housing agency or leased by a public housing agency

23 as part of a scattered site or mixed-income development,

24 on the real property comprising any public park, on the

25 real property comprising any courthouse, in any conveyance

26 owned, leased, or contracted by a school to transport

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1 students to or from school or a school related activity,

2 in any conveyance owned, leased, or contracted by a public

3 transportation agency, or on any public way within 1,000

4 feet of the real property comprising any school, public

5 park, courthouse, public transportation facility, or

6 residential property owned, operated, or managed by a

7 public housing agency or leased by a public housing agency

8 as part of a scattered site or mixed-income development

9 commits a Class 3 felony.

10 (2) A person who violates subsection 24-1(a)(1),

11 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

12 time of day or the time of year, in residential property

13 owned, operated or managed by a public housing agency or

14 leased by a public housing agency as part of a scattered

15 site or mixed-income development, in a public park, in a

16 courthouse, on the real property comprising any school,

17 regardless of the time of day or the time of year, on

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 on the real property comprising any public park, on the

22 real property comprising any courthouse, in any conveyance

23 owned, leased or contracted by a school to transport

24 students to or from school or a school related activity,

25 in any conveyance owned, leased, or contracted by a public

26 transportation agency, or on any public way within 1,000

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1 feet of the real property comprising any school, public

2 park, courthouse, public transportation facility, or

3 residential property owned, operated, or managed by a

4 public housing agency or leased by a public housing agency

5 as part of a scattered site or mixed-income development

6 commits a Class 4 felony. "Courthouse" means any building

7 that is used by the Circuit, Appellate, or Supreme Court

8 of this State for the conduct of official business.

9 (3) Paragraphs (1), (1.5), and (2) of this subsection

10 (c) shall not apply to law enforcement officers or

11 security officers of such school, college, or university

12 or to students carrying or possessing firearms for use in

13 training courses, parades, hunting, target shooting on

14 school ranges, or otherwise with the consent of school

15 authorities and which firearms are transported unloaded

16 enclosed in a suitable case, box, or transportation

17 package.

18 (4) For the purposes of this subsection (c), "school"

19 means any public or private elementary or secondary

20 school, community college, college, or university.

21 (5) For the purposes of this subsection (c), "public

22 transportation agency" means a public or private agency

23 that provides for the transportation or conveyance of

24 persons by means available to the general public, except

25 for transportation by automobiles not used for conveyance

26 of the general public as passengers; and "public

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1 transportation facility" means a terminal or other place

2 where one may obtain public transportation.

3 (d) The presence in an automobile other than a public

4 omnibus of any weapon, instrument or substance referred to in

5 subsection (a)(7) is prima facie evidence that it is in the

6 possession of, and is being carried by, all persons occupying

7 such automobile at the time such weapon, instrument or

8 substance is found, except under the following circumstances:

9 (i) if such weapon, instrument or instrumentality is found

10 upon the person of one of the occupants therein; or (ii) if

11 such weapon, instrument or substance is found in an automobile

12 operated for hire by a duly licensed driver in the due, lawful

13 and proper pursuit of his or her trade, then such presumption

14 shall not apply to the driver.

15 (e) Exemptions.

16 (1) Crossbows, Common or Compound bows and Underwater

17 Spearguns are exempted from the definition of ballistic

18 knife as defined in paragraph (1) of subsection (a) of

19 this Section.

20 (2) The provision of paragraph (1) of subsection (a)

21 of this Section prohibiting the sale, manufacture,

22 purchase, possession, or carrying of any knife, commonly

23 referred to as a switchblade knife, which has a blade that

24 opens automatically by hand pressure applied to a button,

25 spring or other device in the handle of the knife, does not

26 apply to a person eligible under State and federal law to

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1 possess a firearm ~~who possesses a currently valid Firearm~~

2 ~~Owner's Identification Card previously issued in his or~~

3 ~~her name by the Illinois State Police~~ or to a person or an

4 entity engaged in the business of selling or manufacturing

5 switchblade knives.

6 (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;

7 102-1116, eff. 1-10-23.)

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

9 Sec. 24-1.1. Unlawful use or possession of weapons by

10 felons or persons in the custody of the Department of

11 Corrections facilities.

12 (a) It is unlawful for a person to knowingly possess on or

13 about his person or on his land or in his own abode or fixed

14 place of business any weapon prohibited under Section 24-1 of

15 this Act or any firearm or any firearm ammunition if the person

16 has been convicted of a felony under the laws of this State or

17 any other jurisdiction. This Section shall not apply if the

18 person has been granted reliefunder this subsection ~~by the~~

19 ~~Director of the Illinois State Police under Section 10 of the~~

20 ~~Firearm Owners Identification Card Act~~. A person prohibited

21 from possessing a firearm under this subsection (a) may

22 petition the Director of the Illinois State Police for a

23 hearing and relief from the prohibition, unless the

24 prohibition was based upon a forcible felony, stalking,

25 aggravated stalking, domestic battery, any violation of the

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1 Illinois Controlled Substances Act, the Methamphetamine

2 Control and Community Protection Act, or the Cannabis Control

3 Act that is classified as a Class 2 or greater felony, any

4 felony violation of Article 24 of the Criminal Code of 1961 or

5 the Criminal Code of 2012, or any adjudication as a delinquent

6 minor for the commission of an offense that if committed by an

7 adult would be a felony, in which case the person may petition

8 the circuit court in writing in the county of his or her

9 residence for a hearing and relief from the prohibition. The

10 Director or court may grant the relief if it is established by

11 the petitioner to the court's or Director's satisfaction that:

12 (1) when in the circuit court, the State's Attorney

13 has been served with a written copy of the petition at

14 least 30 days before any hearing in the circuit court and

15 at the hearing the State's Attorney was afforded an

16 opportunity to present evidence and object to the

17 petition;

18 (2) the petitioner has not been convicted of a

19 forcible felony under the laws of this State or any other

20 jurisdiction within 20 years of the filing of the

21 petition, or at least 20 years have passed since the end of

22 any period of imprisonment imposed in relation to that

23 conviction;

24 (3) the circumstances regarding a criminal conviction,

25 where applicable, the petitioner's criminal history and

26 his or her reputation are such that the petitioner will

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1 not be likely to act in a manner dangerous to public

2 safety;

3 (4) granting relief would not be contrary to the

4 public interest; and

5 (5) granting relief would not be contrary to federal

6 law.

7 (b) It is unlawful for any person confined in a penal

8 institution, which is a facility of the Illinois Department of

9 Corrections, to possess any weapon prohibited under Section

10 24-1 of this Code or any firearm or firearm ammunition,

11 regardless of the intent with which he possesses it.

12 (c) It shall be an affirmative defense to a violation of

13 subsection (b), that such possession was specifically

14 authorized by rule, regulation, or directive of the Illinois

15 Department of Corrections or order issued pursuant thereto.

16 (d) The defense of necessity is not available to a person

17 who is charged with a violation of subsection (b) of this

18 Section.

19 (e) Sentence. Violation of this Section by a person not

20 confined in a penal institution shall be a Class 3 felony for

21 which the person shall be sentenced to no less than 2 years and

22 no more than 10 years. A second or subsequent violation of this

23 Section shall be a Class 2 felony for which the person shall be

24 sentenced to a term of imprisonment of not less than 3 years

25 and not more than 14 years, except as provided for in Section

26 5-4.5-110 of the Unified Code of Corrections. Violation of

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1 this Section by a person not confined in a penal institution

2 who has been convicted of a forcible felony, a felony

3 violation of Article 24 of this Code ~~or of the Firearm Owners~~

4 ~~Identification Card Act~~, stalking or aggravated stalking, or a

5 Class 2 or greater felony under the Illinois Controlled

6 Substances Act, the Cannabis Control Act, or the

7 Methamphetamine Control and Community Protection Act is a

8 Class 2 felony for which the person shall be sentenced to not

9 less than 3 years and not more than 14 years, except as

10 provided for in Section 5-4.5-110 of the Unified Code of

11 Corrections. Violation of this Section by a person who is on

12 parole or mandatory supervised release is a Class 2 felony for

13 which the person shall be sentenced to not less than 3 years

14 and not more than 14 years, except as provided for in Section

15 5-4.5-110 of the Unified Code of Corrections. Violation of

16 this Section by a person not confined in a penal institution is

17 a Class X felony when the firearm possessed is a machine gun.

18 Any person who violates this Section while confined in a penal

19 institution, which is a facility of the Illinois Department of

20 Corrections, is guilty of a Class 1 felony, if he possesses any

21 weapon prohibited under Section 24-1 of this Code regardless

22 of the intent with which he possesses it, a Class X felony if

23 he possesses any firearm, firearm ammunition or explosive, and

24 a Class X felony for which the offender shall be sentenced to

25 not less than 12 years and not more than 50 years when the

26 firearm possessed is a machine gun. A violation of this

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1 Section while wearing or in possession of body armor as

2 defined in Section 33F-1 is a Class X felony punishable by a

3 term of imprisonment of not less than 10 years and not more

4 than 40 years. The possession of each firearm or firearm

5 ammunition in violation of this Section constitutes a single

6 and separate violation.

7 (Source: P.A. 102-538, eff. 8-20-21.)

8 (720 ILCS 5/24-1.6)

9 Sec. 24-1.6. Aggravated unlawful use of a weapon.

10 (a) A person commits the offense of aggravated unlawful

11 use of a weapon when he or she knowingly:

12 (1) Carries on or about his or her person or in any

13 vehicle or concealed on or about his or her person except

14 when on his or her land or in his or her abode, legal

15 dwelling, or fixed place of business, or on the land or in

16 the legal dwelling of another person as an invitee with

17 that person's permission, any pistol, revolver, stun gun

18 or taser or other firearm; or

19 (2) Carries or possesses on or about his or her

20 person, upon any public street, alley, or other public

21 lands within the corporate limits of a city, village or

22 incorporated town, except when an invitee thereon or

23 therein, for the purpose of the display of such weapon or

24 the lawful commerce in weapons, or except when on his or

25 her own land or in his or her own abode, legal dwelling, or

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1 fixed place of business, or on the land or in the legal

2 dwelling of another person as an invitee with that

3 person's permission, any pistol, revolver, stun gun or

4 taser or other firearm; and

5 (3) One of the following factors is present:

6 (A) the firearm, other than a pistol, revolver, or

7 handgun, possessed was uncased, loaded, and

8 immediately accessible at the time of the offense; or

9 (A-5) the pistol, revolver, or handgun possessed

10 was uncased, loaded, and immediately accessible at the

11 time of the offense and the person possessing the

12 pistol, revolver, or handgun has not been issued a

13 currently valid license under the Firearm Concealed

14 Carry Act; or

15 (B) the firearm, other than a pistol, revolver, or

16 handgun, possessed was uncased, unloaded, and the

17 ammunition for the weapon was immediately accessible

18 at the time of the offense; or

19 (B-5) the pistol, revolver, or handgun possessed

20 was uncased, unloaded, and the ammunition for the

21 weapon was immediately accessible at the time of the

22 offense and the person possessing the pistol,

23 revolver, or handgun has not been issued a currently

24 valid license under the Firearm Concealed Carry Act;

25 or

26 (C) (blank); or ~~the person possessing the firearm~~

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1 ~~has not been issued a currently valid Firearm Owner's~~

2 ~~Identification Card; or~~

3 (D) the person possessing the weapon was

4 previously adjudicated a delinquent minor under the

5 Juvenile Court Act of 1987 for an act that if committed

6 by an adult would be a felony; or

7 (E) the person possessing the weapon was engaged

8 in a misdemeanor violation of the Cannabis Control

9 Act, in a misdemeanor violation of the Illinois

10 Controlled Substances Act, or in a misdemeanor

11 violation of the Methamphetamine Control and Community

12 Protection Act; or

13 (F) (blank); or

14 (G) the person possessing the weapon had an order

15 of protection issued against him or her within the

16 previous 2 years; or

17 (H) the person possessing the weapon was engaged

18 in the commission or attempted commission of a

19 misdemeanor involving the use or threat of violence

20 against the person or property of another; or

21 (I) the person possessing the weapon was under 21

22 years of age and in possession of a handgun, unless the

23 person under 21 is engaged in lawful activities under

24 the Wildlife Code or described in subsection

25 24-2(b)(1), (b)(3), or 24-2(f).

26 (a-5) "Handgun" as used in this Section has the meaning

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1 given to it in Section 5 of the Firearm Concealed Carry Act.

2 (b) "Stun gun or taser" as used in this Section has the

3 same definition given to it in Section 24-1 of this Code.

4 (c) This Section does not apply to or affect the

5 transportation or possession of weapons that:

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

7 (ii) are not immediately accessible; or

8 (iii) are unloaded and enclosed in a case, firearm

9 carrying box, shipping box, or other container by a person

10 is eligible under State and federal law to possess a

11 firearm ~~who has been issued a currently valid Firearm~~

12 ~~Owner's Identification Card~~.

13 (d) Sentence.

14 (1) Aggravated unlawful use of a weapon is a Class 4

15 felony; a second or subsequent offense is a Class 2 felony

16 for which the person shall be sentenced to a term of

17 imprisonment of not less than 3 years and not more than 7

18 years, except as provided for in Section 5-4.5-110 of the

19 Unified Code of Corrections.

20 (2) (Blank). ~~Except as otherwise provided in~~

21 ~~paragraphs (3) and (4) of this subsection (d), a first~~

22 ~~offense of aggravated unlawful use of a weapon committed~~

23 ~~with a firearm by a person 18 years of age or older where~~

24 ~~the factors listed in both items (A) and (C) or both items~~

25 ~~(A-5) and (C) of paragraph (3) of subsection (a) are~~

26 ~~present is a Class 4 felony, for which the person shall be~~

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1 ~~sentenced to a term of imprisonment of not less than one~~

2 ~~year and not more than 3 years.~~

3 (3) Aggravated unlawful use of a weapon by a person

4 who has been previously convicted of a felony in this

5 State or another jurisdiction is a Class 2 felony for

6 which the person shall be sentenced to a term of

7 imprisonment of not less than 3 years and not more than 7

8 years, except as provided for in Section 5-4.5-110 of the

9 Unified Code of Corrections.

10 (4) Aggravated unlawful use of a weapon while wearing

11 or in possession of body armor as defined in Section 33F-1

12 by a person who is prohibited under State or federal law

13 from possessing a firearm ~~has not been issued a valid~~

14 ~~Firearms Owner's Identification Card in accordance with~~

15 ~~Section 5 of the Firearm Owners Identification Card Act~~ is

16 a Class X felony.

17 (e) The possession of each firearm in violation of this

18 Section constitutes a single and separate violation.

19 (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

20 (720 ILCS 5/24-1.8)

21 Sec. 24-1.8. Unlawful possession of a firearm by a street

22 gang member.

23 (a) A person commits unlawful possession of a firearm by a

24 street gang member when he or she knowingly:

25 (1) possesses, carries, or conceals on or about his or

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1 her person a firearm and firearm ammunition while on any

2 street, road, alley, gangway, sidewalk, or any other

3 lands, except when inside his or her own abode or inside

4 his or her fixed place of business, ~~and has not been issued~~

5 ~~a currently valid Firearm Owner's Identification Card~~ and

6 is a member of a street gang; or

7 (2) possesses or carries in any vehicle a firearm and

8 firearm ammunition which are both immediately accessible

9 at the time of the offense while on any street, road,

10 alley, or any other lands, except when inside his or her

11 own abode or garage, ~~and has not been issued a currently~~

12 ~~valid Firearm Owner's Identification Card~~ and is a member

13 of a street gang.

14 (b) Unlawful possession of a firearm by a street gang

15 member is a Class 2 felony for which the person, if sentenced

16 to a term of imprisonment, shall be sentenced to no less than 3

17 years and no more than 10 years. A period of probation, a term

18 of periodic imprisonment or conditional discharge shall not be

19 imposed for the offense of unlawful possession of a firearm by

20 a street gang member when the firearm was loaded or contained

21 firearm ammunition and the court shall sentence the offender

22 to not less than the minimum term of imprisonment authorized

23 for the Class 2 felony.

24 (c) For purposes of this Section:

25 "Street gang" or "gang" has the meaning ascribed to it

26 in Section 10 of the Illinois Streetgang Terrorism Omnibus

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1 Prevention Act.

2 "Street gang member" or "gang member" has the meaning

3 ascribed to it in Section 10 of the Illinois Streetgang

4 Terrorism Omnibus Prevention Act.

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

6 (720 ILCS 5/24-1.9)

7 Sec. 24-1.9. Manufacture, possession, delivery, sale, and

8 purchase of assault weapons, .50 caliber rifles, and .50

9 caliber cartridges.

10 (a) Definitions. In this Section:

11 (1) "Assault weapon" means any of the following, except as

12 provided in subdivision (2) of this subsection:

13 (A) A semiautomatic rifle that has the capacity to

14 accept a detachable magazine or that may be readily

15 modified to accept a detachable magazine, if the firearm

16 has one or more of the following:

17 (i) a pistol grip or thumbhole stock;

18 (ii) any feature capable of functioning as a

19 protruding grip that can be held by the non-trigger

20 hand;

21 (iii) a folding, telescoping, thumbhole, or

22 detachable stock, or a stock that is otherwise

23 foldable or adjustable in a manner that operates to

24 reduce the length, size, or any other dimension, or

25 otherwise enhances the concealability of, the weapon;

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1 (iv) a flash suppressor;

2 (v) a grenade launcher;

3 (vi) a shroud attached to the barrel or that

4 partially or completely encircles the barrel, allowing

5 the bearer to hold the firearm with the non-trigger

6 hand without being burned, but excluding a slide that

7 encloses the barrel.

8 (B) A semiautomatic rifle that has a fixed magazine

9 with the capacity to accept more than 10 rounds, except

10 for an attached tubular device designed to accept, and

11 capable of operating only with, .22 caliber rimfire

12 ammunition.

13 (C) A semiautomatic pistol that has the capacity to

14 accept a detachable magazine or that may be readily

15 modified to accept a detachable magazine, if the firearm

16 has one or more of the following:

17 (i) a threaded barrel;

18 (ii) a second pistol grip or another feature

19 capable of functioning as a protruding grip that can

20 be held by the non-trigger hand;

21 (iii) a shroud attached to the barrel or that

22 partially or completely encircles the barrel, allowing

23 the bearer to hold the firearm with the non-trigger

24 hand without being burned, but excluding a slide that

25 encloses the barrel;

26 (iv) a flash suppressor;

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1 (v) the capacity to accept a detachable magazine

2 at some location outside of the pistol grip; or

3 (vi) a buffer tube, arm brace, or other part that

4 protrudes horizontally behind the pistol grip and is

5 designed or redesigned to allow or facilitate a

6 firearm to be fired from the shoulder.

7 (D) A semiautomatic pistol that has a fixed magazine

8 with the capacity to accept more than 15 rounds.

9 (E) Any shotgun with a revolving cylinder.

10 (F) A semiautomatic shotgun that has one or more of

11 the following:

12 (i) a pistol grip or thumbhole stock;

13 (ii) any feature capable of functioning as a

14 protruding grip that can be held by the non-trigger

15 hand;

16 (iii) a folding or thumbhole stock;

17 (iv) a grenade launcher;

18 (v) a fixed magazine with the capacity of more

19 than 5 rounds; or

20 (vi) the capacity to accept a detachable magazine.

21 (G) Any semiautomatic firearm that has the capacity to

22 accept a belt ammunition feeding device.

23 (H) Any firearm that has been modified to be operable

24 as an assault weapon as defined in this Section.

25 (I) Any part or combination of parts designed or

26 intended to convert a firearm into an assault weapon,

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1 including any combination of parts from which an assault

2 weapon may be readily assembled if those parts are in the

3 possession or under the control of the same person.

4 (J) All of the following rifles, copies, duplicates,

5 variants, or altered facsimiles with the capability of any

6 such weapon:

7 (i) All AK types, including the following:

8 (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM,

9 MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms

10 AK-47, VEPR, WASR-10, and WUM.

11 (II) IZHMASH Saiga AK.

12 (III) MAADI AK47 and ARM.

13 (IV) Norinco 56S, 56S2, 84S, and 86S.

14 (V) Poly Technologies AK47 and AKS.

15 (VI) SKS with a detachable magazine.

16 (ii) all AR types, including the following:

17 (I) AR-10.

18 (II) AR-15.

19 (III) Alexander Arms Overmatch Plus 16.

20 (IV) Armalite M15 22LR Carbine.

21 (V) Armalite M15-T.

22 (VI) Barrett REC7.

23 (VII) Beretta AR-70.

24 (VIII) Black Rain Ordnance Recon Scout.

25 (IX) Bushmaster ACR.

26 (X) Bushmaster Carbon 15.

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1 (XI) Bushmaster MOE series.

2 (XII) Bushmaster XM15.

3 (XIII) Chiappa Firearms MFour rifles.

4 (XIV) Colt Match Target rifles.

5 (XV) CORE Rifle Systems CORE15 rifles.

6 (XVI) Daniel Defense M4A1 rifles.

7 (XVII) Devil Dog Arms 15 Series rifles.

8 (XVIII) Diamondback DB15 rifles.

9 (XIX) DoubleStar AR rifles.

10 (XX) DPMS Tactical rifles.

11 (XXI) DSA Inc. ZM-4 Carbine.

12 (XXII) Heckler & Koch MR556.

13 (XXIII) High Standard HSA-15 rifles.

14 (XXIV) Jesse James Nomad AR-15 rifle.

15 (XXV) Knight's Armament SR-15.

16 (XXVI) Lancer L15 rifles.

17 (XXVII) MGI Hydra Series rifles.

18 (XXVIII) Mossberg MMR Tactical rifles.

19 (XXIX) Noreen Firearms BN 36 rifle.

20 (XXX) Olympic Arms.

21 (XXXI) POF USA P415.

22 (XXXII) Precision Firearms AR rifles.

23 (XXXIII) Remington R-15 rifles.

24 (XXXIV) Rhino Arms AR rifles.

25 (XXXV) Rock River Arms LAR-15 or Rock River

26 Arms LAR-47.

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1 (XXXVI) Sig Sauer SIG516 rifles and MCX

2 rifles.

3 (XXXVII) Smith & Wesson M&P15 rifles.

4 (XXXVIII) Stag Arms AR rifles.

5 (XXXIX) Sturm, Ruger & Co. SR556 and AR-556

6 rifles.

7 (XL) Uselton Arms Air-Lite M-4 rifles.

8 (XLI) Windham Weaponry AR rifles.

9 (XLII) WMD Guns Big Beast.

10 (XLIII) Yankee Hill Machine Company, Inc.

11 YHM-15 rifles.

12 (iii) Barrett M107A1.

13 (iv) Barrett M82A1.

14 (v) Beretta CX4 Storm.

15 (vi) Calico Liberty Series.

16 (vii) CETME Sporter.

17 (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and

18 AR 110C.

19 (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22

20 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.

21 (x) Feather Industries AT-9.

22 (xi) Galil Model AR and Model ARM.

23 (xii) Hi-Point Carbine.

24 (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.

25 (xiv) IWI TAVOR, Galil ACE rifle.

26 (xv) Kel-Tec Sub-2000, SU-16, and RFB.

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1 (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig

2 Sauer SG 551, and SIG MCX.

3 (xvii) Springfield Armory SAR-48.

4 (xviii) Steyr AUG.

5 (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle

6 M-14/20CF.

7 (xx) All Thompson rifles, including the following:

8 (I) Thompson M1SB.

9 (II) Thompson T1100D.

10 (III) Thompson T150D.

11 (IV) Thompson T1B.

12 (V) Thompson T1B100D.

13 (VI) Thompson T1B50D.

14 (VII) Thompson T1BSB.

15 (VIII) Thompson T1-C.

16 (IX) Thompson T1D.

17 (X) Thompson T1SB.

18 (XI) Thompson T5.

19 (XII) Thompson T5100D.

20 (XIII) Thompson TM1.

21 (XIV) Thompson TM1C.

22 (xxi) UMAREX UZI rifle.

23 (xxii) UZI Mini Carbine, UZI Model A Carbine, and

24 UZI Model B Carbine.

25 (xxiii) Valmet M62S, M71S, and M78.

26 (xxiv) Vector Arms UZI Type.

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1 (xxv) Weaver Arms Nighthawk.

2 (xxvi) Wilkinson Arms Linda Carbine.

3 (K) All of the following pistols, copies, duplicates,

4 variants, or altered facsimiles with the capability of any

5 such weapon thereof:

6 (i) All AK types, including the following:

7 (I) Centurion 39 AK pistol.

8 (II) CZ Scorpion pistol.

9 (III) Draco AK-47 pistol.

10 (IV) HCR AK-47 pistol.

11 (V) IO Inc. Hellpup AK-47 pistol.

12 (VI) Krinkov pistol.

13 (VII) Mini Draco AK-47 pistol.

14 (VIII) PAP M92 pistol.

15 (IX) Yugo Krebs Krink pistol.

16 (ii) All AR types, including the following:

17 (I) American Spirit AR-15 pistol.

18 (II) Bushmaster Carbon 15 pistol.

19 (III) Chiappa Firearms M4 Pistol GEN II.

20 (IV) CORE Rifle Systems CORE15 Roscoe pistol.

21 (V) Daniel Defense MK18 pistol.

22 (VI) DoubleStar Corporation AR pistol.

23 (VII) DPMS AR-15 pistol.

24 (VIII) Jesse James Nomad AR-15 pistol.

25 (IX) Olympic Arms AR-15 pistol.

26 (X) Osprey Armament MK-18 pistol.

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1 (XI) POF USA AR pistols.

2 (XII) Rock River Arms LAR 15 pistol.

3 (XIII) Uselton Arms Air-Lite M-4 pistol.

4 (iii) Calico pistols.

5 (iv) DSA SA58 PKP FAL pistol.

6 (v) Encom MP-9 and MP-45.

7 (vi) Heckler & Koch model SP-89 pistol.

8 (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and

9 TEC-DC9.

10 (viii) IWI Galil Ace pistol, UZI PRO pistol.

11 (ix) Kel-Tec PLR 16 pistol.

12 (x) All MAC types, including the following:

13 (I) MAC-10.

14 (II) MAC-11.

15 (III) Masterpiece Arms MPA A930 Mini Pistol,

16 MPA460 Pistol, MPA Tactical Pistol, and MPA Mini

17 Tactical Pistol.

18 (IV) Military Armament Corp. Ingram M-11.

19 (V) Velocity Arms VMAC.

20 (xi) Sig Sauer P556 pistol.

21 (xii) Sites Spectre.

22 (xiii) All Thompson types, including the

23 following:

24 (I) Thompson TA510D.

25 (II) Thompson TA5.

26 (xiv) All UZI types, including Micro-UZI.

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1 (L) All of the following shotguns, copies, duplicates,

2 variants, or altered facsimiles with the capability of any

3 such weapon thereof:

4 (i) DERYA Anakon MC-1980, Anakon SD12.

5 (ii) Doruk Lethal shotguns.

6 (iii) Franchi LAW-12 and SPAS 12.

7 (iv) All IZHMASH Saiga 12 types, including the

8 following:

9 (I) IZHMASH Saiga 12.

10 (II) IZHMASH Saiga 12S.

11 (III) IZHMASH Saiga 12S EXP-01.

12 (IV) IZHMASH Saiga 12K.

13 (V) IZHMASH Saiga 12K-030.

14 (VI) IZHMASH Saiga 12K-040 Taktika.

15 (v) Streetsweeper.

16 (vi) Striker 12.

17 (2) "Assault weapon" does not include:

18 (A) Any firearm that is an unserviceable firearm or

19 has been made permanently inoperable.

20 (B) An antique firearm or a replica of an antique

21 firearm.

22 (C) A firearm that is manually operated by bolt, pump,

23 lever or slide action, unless the firearm is a shotgun

24 with a revolving cylinder.

25 (D) Any air rifle as defined in Section 24.8-0.1 of

26 this Code.

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1 (E) Any handgun, as defined under the Firearm

2 Concealed Carry Act, unless otherwise listed in this

3 Section.

4 (3) "Assault weapon attachment" means any device capable

5 of being attached to a firearm that is specifically designed

6 for making or converting a firearm into any of the firearms

7 listed in paragraph (1) of this subsection (a).

8 (4) "Antique firearm" has the meaning ascribed to it in 18

9 U.S.C. 921(a)(16).

10 (5) ".50 caliber rifle" means a centerfire rifle capable

11 of firing a .50 caliber cartridge. The term does not include

12 any antique firearm, any shotgun including a shotgun that has

13 a rifle barrel, or any muzzle-loader which uses black powder

14 for hunting or historical reenactments.

15 (6) ".50 caliber cartridge" means a cartridge in .50 BMG

16 caliber, either by designation or actual measurement, that is

17 capable of being fired from a centerfire rifle. The term ".50

18 caliber cartridge" does not include any memorabilia or display

19 item that is filled with a permanent inert substance or that is

20 otherwise permanently altered in a manner that prevents ready

21 modification for use as live ammunition or shotgun ammunition

22 with a caliber measurement that is equal to or greater than .50

23 caliber.

24 (7) "Detachable magazine" means an ammunition feeding

25 device that may be removed from a firearm without disassembly

26 of the firearm action, including an ammunition feeding device

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1 that may be readily removed from a firearm with the use of a

2 bullet, cartridge, accessory, or other tool, or any other

3 object that functions as a tool, including a bullet or

4 cartridge.

5 (8) "Fixed magazine" means an ammunition feeding device

6 that is permanently attached to a firearm, or contained in and

7 not removable from a firearm, or that is otherwise not a

8 detachable magazine, but does not include an attached tubular

9 device designed to accept, and capable of operating only with,

10 .22 caliber rimfire ammunition.

11 (b) Except as provided in subsections (c), (d), and (e),

12 on or after the effective date of this amendatory Act of the

13 102nd General Assembly, it is unlawful for any person within

14 this State to knowingly manufacture, deliver, sell, import, or

15 purchase or cause to be manufactured, delivered, sold,

16 imported, or purchased by another, an assault weapon, assault

17 weapon attachment, .50 caliber rifle, or .50 caliber

18 cartridge.

19 (c) Except as otherwise provided in subsection (d),

20 beginning January 1, 2024, it is unlawful for any person

21 within this State to knowingly possess an assault weapon,

22 assault weapon attachment, .50 caliber rifle, or .50 caliber

23 cartridge.

24 (d) This Section does not apply to a person's possession

25 of an assault weapon, assault weapon attachment, .50 caliber

26 rifle, or .50 caliber cartridge device if the person lawfully

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1 possessed that assault weapon, assault weapon attachment, .50

2 caliber rifle, or .50 caliber cartridge prohibited by

3 subsection (c) of this Section, if the person has provided in

4 an endorsement affidavit, prior to January 1, 2024, under oath

5 or affirmation and in the form and manner prescribed by the

6 Illinois State Police, no later than October 1, 2023:

7 (1) the affiant's Firearm Owner's Identification Card

8 number;

9 (2) an affirmation that the affiant: (i) possessed an

10 assault weapon, assault weapon attachment, .50 caliber

11 rifle, or .50 caliber cartridge before the effective date

12 of this amendatory Act of the 102nd General Assembly; or

13 (ii) inherited the assault weapon, assault weapon

14 attachment, .50 caliber rifle, or .50 caliber cartridge

15 from a person with an endorsement under this Section or

16 from a person authorized under subdivisions (1) through

17 (5) of subsection (e) to possess the assault weapon,

18 assault weapon attachment, .50 caliber rifle, or .50

19 caliber cartridge; and

20 (3) the make, model, caliber, and serial number of the

21 .50 caliber rifle or assault weapon or assault weapons

22 listed in paragraphs (J), (K), and (L) of subdivision (1)

23 of subsection (a) of this Section possessed by the affiant

24 prior to the effective date of this amendatory Act of the

25 102nd General Assembly and any assault weapons identified

26 and published by the Illinois State Police pursuant to

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1 this subdivision (3). No later than October 1, 2023, and

2 every October 1 thereafter, the Illinois State Police

3 shall, via rulemaking, identify, publish, and make

4 available on its website, the list of assault weapons

5 subject to an endorsement affidavit under this subsection

6 (d). The list shall identify, but is not limited to, the

7 copies, duplicates, variants, and altered facsimiles of

8 the assault weapons identified in paragraphs (J), (K), and

9 (L) of subdivision (1) of subsection (a) of this Section

10 and shall be consistent with the definition of "assault

11 weapon" identified in this Section. The Illinois State

12 Police may adopt emergency rulemaking in accordance with

13 Section 5-45 of the Illinois Administrative Procedure Act.

14 The adoption of emergency rules authorized by Section 5-45

15 of the Illinois Administrative Procedure Act and this

16 paragraph is deemed to be necessary for the public

17 interest, safety, and welfare.

18 The affidavit form shall include the following statement

19 printed in bold type: "Warning: Entering false information on

20 this form is punishable as perjury under Section 32-2 of the

21 Criminal Code of 2012. ~~Entering false information on this form~~

22 ~~is a violation of the Firearm Owners Identification Card Act."~~

23 In any administrative, civil, or criminal proceeding in

24 this State, a completed endorsement affidavit submitted to the

25 Illinois State Police by a person under this Section creates a

26 rebuttable presumption that the person is entitled to possess

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1 and transport the assault weapon, assault weapon attachment,

2 .50 caliber rifle, or .50 caliber cartridge.

3 Beginning 90 days after the effective date of this

4 amendatory Act of the 102nd General Assembly, a person

5 authorized under this Section to possess an assault weapon,

6 assault weapon attachment, .50 caliber rifle, or .50 caliber

7 cartridge shall possess such items only:

8 (1) on private property owned or immediately

9 controlled by the person;

10 (2) on private property that is not open to the public

11 with the express permission of the person who owns or

12 immediately controls such property;

13 (3) while on the premises of a licensed firearms

14 dealer or gunsmith for the purpose of lawful repair;

15 (4) while engaged in the legal use of the assault

16 weapon, assault weapon attachment, .50 caliber rifle, or

17 .50 caliber cartridge at a properly licensed firing range

18 or sport shooting competition venue; or

19 (5) while traveling to or from these locations,

20 provided that the assault weapon, assault weapon

21 attachment, or .50 caliber rifle is unloaded and the

22 assault weapon, assault weapon attachment, .50 caliber

23 rifle, or .50 caliber cartridge is enclosed in a case,

24 firearm carrying box, shipping box, or other container.

25 Beginning on January 1, 2024, the person with the

26 endorsement for an assault weapon, assault weapon attachment,

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1 .50 caliber rifle, or .50 caliber cartridge or a person

2 authorized under subdivisions (1) through (5) of subsection

3 (e) to possess an assault weapon, assault weapon attachment,

4 .50 caliber rifle, or .50 caliber cartridge may transfer the

5 assault weapon, assault weapon attachment, .50 caliber rifle,

6 or .50 caliber cartridge only to an heir, an individual

7 residing in another state maintaining it in another state, or

8 a dealer licensed as a federal firearms dealer under Section

9 923 of the federal Gun Control Act of 1968. Within 10 days

10 after transfer of the weapon except to an heir, the person

11 shall notify the Illinois State Police of the name and address

12 of the transferee ~~and comply with the requirements of~~

13 ~~subsection (b) of Section 3 of the Firearm Owners~~

14 ~~Identification Card Act~~. The person to whom the weapon or

15 ammunition is transferred shall, within 60 days of the

16 transfer, complete an affidavit required under this Section. A

17 person to whom the weapon is transferred may transfer it only

18 as provided in this subsection.

19 Except as provided in subsection (e) and beginning on

20 January 1, 2024, any person who moves into this State in

21 possession of an assault weapon, assault weapon attachment,

22 .50 caliber rifle, or .50 caliber cartridge shall, within 60

23 days, ~~apply for a Firearm Owners Identification Card and~~

24 complete an endorsement application as outlined in subsection

25 (d).

26 Notwithstanding any other law, information contained in

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1 the endorsement affidavit shall be confidential, is exempt

2 from disclosure under the Freedom of Information Act, and

3 shall not be disclosed, except to law enforcement agencies

4 acting in the performance of their duties.

5 (e) The provisions of this Section regarding the purchase

6 or possession of assault weapons, assault weapon attachments,

7 .50 caliber rifles, and .50 cartridges, as well as the

8 provisions of this Section that prohibit causing those items

9 to be purchased or possessed, do not apply to:

10 (1) Peace officers, as defined in Section 2-13 of this

11 Code.

12 (2) Qualified law enforcement officers and qualified

13 retired law enforcement officers as defined in the Law

14 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B

15 and 926C) and as recognized under Illinois law.

16 (3) Acquisition and possession by a federal, State, or

17 local law enforcement agency for the purpose of equipping

18 the agency's peace officers as defined in paragraph (1) or

19 (2) of this subsection (e).

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

21 penitentiaries, jails, and other institutions for the

22 detention of persons accused or convicted of an offense.

23 (5) Members of the Armed Services or Reserve Forces of

24 the United States or the Illinois National Guard, while

25 performing their official duties or while traveling to or

26 from their places of duty.

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1 (6) Any company that employs armed security officers

2 in this State at a nuclear energy, storage, weapons, or

3 development site or facility regulated by the federal

4 Nuclear Regulatory Commission and any person employed as

5 an armed security force member at a nuclear energy,

6 storage, weapons, or development site or facility

7 regulated by the federal Nuclear Regulatory Commission who

8 has completed the background screening and training

9 mandated by the rules and regulations of the federal

10 Nuclear Regulatory Commission and while performing

11 official duties.

12 (7) Any private security contractor agency licensed

13 under the Private Detective, Private Alarm, Private

14 Security, Fingerprint Vendor, and Locksmith Act of 2004

15 that employs private security contractors and any private

16 security contractor who is licensed and has been issued a

17 firearm control card under the Private Detective, Private

18 Alarm, Private Security, Fingerprint Vendor, and Locksmith

19 Act of 2004 while performing official duties.

20 The provisions of this Section do not apply to the

21 manufacture, delivery, sale, import, purchase, or possession

22 of an assault weapon, assault weapon attachment, .50 caliber

23 rifle, or .50 caliber cartridge or causing the manufacture,

24 delivery, sale, importation, purchase, or possession of those

25 items:

26 (A) for sale or transfer to persons authorized under

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1 subdivisions (1) through (7) of this subsection (e) to

2 possess those items;

3 (B) for sale or transfer to the United States or any

4 department or agency thereof; or

5 (C) for sale or transfer in another state or for

6 export.

7 This Section does not apply to or affect any of the

8 following:

9 (i) Possession of any firearm if that firearm is

10 sanctioned by the International Olympic Committee and by

11 USA Shooting, the national governing body for

12 international shooting competition in the United States,

13 but only when the firearm is in the actual possession of an

14 Olympic target shooting competitor or target shooting

15 coach for the purpose of storage, transporting to and from

16 Olympic target shooting practice or events if the firearm

17 is broken down in a nonfunctioning state, is not

18 immediately accessible, or is unloaded and enclosed in a

19 firearm case, carrying box, shipping box, or other similar

20 portable container designed for the safe transportation of

21 firearms, and when the Olympic target shooting competitor

22 or target shooting coach is engaging in those practices or

23 events. For the purposes of this paragraph (8), "firearm"

24 has the meaning provided in Section 2-7.5 ~~1.1 of the~~

25 ~~Firearm Owners Identification Card Act~~.

26 (ii) Any nonresident who transports, within 24 hours,

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1 a weapon for any lawful purpose from any place where the

2 nonresident may lawfully possess and carry that weapon to

3 any other place where the nonresident may lawfully possess

4 and carry that weapon if, during the transportation, the

5 weapon is unloaded, and neither the weapon nor any

6 ammunition being transported is readily accessible or is

7 directly accessible from the passenger compartment of the

8 transporting vehicle. In the case of a vehicle without a

9 compartment separate from the driver's compartment, the

10 weapon or ammunition shall be contained in a locked

11 container other than the glove compartment or console.

12 (iii) Possession of a weapon at an event taking place

13 at the World Shooting and Recreational Complex at Sparta,

14 only while engaged in the legal use of the weapon, or while

15 traveling to or from that location if the weapon is broken

16 down in a nonfunctioning state, is not immediately

17 accessible, or is unloaded and enclosed in a firearm case,

18 carrying box, shipping box, or other similar portable

19 container designed for the safe transportation of

20 firearms.

21 (iv) Possession of a weapon only for hunting use

22 expressly permitted under the Wildlife Code, or while

23 traveling to or from a location authorized for this

24 hunting use under the Wildlife Code if the weapon is

25 broken down in a nonfunctioning state, is not immediately

26 accessible, or is unloaded and enclosed in a firearm case,

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1 carrying box, shipping box, or other similar portable

2 container designed for the safe transportation of

3 firearms. By October 1, 2023, the Illinois State Police,

4 in consultation with the Department of Natural Resources,

5 shall adopt rules concerning the list of applicable

6 weapons approved under this subparagraph (iv). The

7 Illinois State Police may adopt emergency rules in

8 accordance with Section 5-45 of the Illinois

9 Administrative Procedure Act. The adoption of emergency

10 rules authorized by Section 5-45 of the Illinois

11 Administrative Procedure Act and this paragraph is deemed

12 to be necessary for the public interest, safety, and

13 welfare.

14 (v) The manufacture, transportation, possession, sale,

15 or rental of blank-firing assault weapons and .50 caliber

16 rifles, or the weapon's respective attachments, to persons

17 authorized or permitted, or both authorized and permitted,

18 to acquire and possess these weapons or attachments for

19 the purpose of rental for use solely as props for a motion

20 picture, television, or video production or entertainment

21 event.

22 Any person not subject to this Section may submit an

23 endorsement affidavit if the person chooses.

24 (f) Any sale or transfer with a background check initiated

25 to the Illinois State Police on or before the effective date of

26 this amendatory Act of the 102nd General Assembly is allowed

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1 to be completed after the effective date of this amendatory

2 Act once an approval is issued by the Illinois State Police and

3 any applicable waiting period under Section 24-3 has expired.

4 (g) The Illinois State Police shall take all steps

5 necessary to carry out the requirements of this Section within

6 by October 1, 2023.

7 (h) The Department of the State Police shall also develop

8 and implement a public notice and public outreach campaign to

9 promote awareness about the provisions of this amendatory Act

10 of the 102nd General Assembly and to increase compliance with

11 this Section.

12 (Source: P.A. 102-1116, eff. 1-10-23.)

13 (720 ILCS 5/24-1.10)

14 Sec. 24-1.10. Manufacture, delivery, sale, and possession

15 of large capacity ammunition feeding devices.

16 (a) In this Section:

17 "Handgun" has the meaning ascribed to it in the Firearm

18 Concealed Carry Act.

19 "Long gun" means a rifle or shotgun.

20 "Large capacity ammunition feeding device" means:

21 (1) a magazine, belt, drum, feed strip, or similar

22 device that has a capacity of, or that can be readily

23 restored or converted to accept, more than 10 rounds of

24 ammunition for long guns and more than 15 rounds of

25 ammunition for handguns; or

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1 (2) any combination of parts from which a device

2 described in paragraph (1) can be assembled.

3 "Large capacity ammunition feeding device" does not

4 include an attached tubular device designed to accept, and

5 capable of operating only with, .22 caliber rimfire

6 ammunition. "Large capacity ammunition feeding device" does

7 not include a tubular magazine that is contained in a

8 lever-action firearm or any device that has been made

9 permanently inoperable.

10 (b) Except as provided in subsections (e) and (f), it is

11 unlawful for any person within this State to knowingly

12 manufacture, deliver, sell, purchase, or cause to be

13 manufactured, delivered, sold, or purchased a large capacity

14 ammunition feeding device.

15 (c) Except as provided in subsections (d), (e), and (f),

16 and beginning 90 days after the effective date of this

17 amendatory Act of the 102nd General Assembly, it is unlawful

18 to knowingly possess a large capacity ammunition feeding

19 device.

20 (d) Subsection (c) does not apply to a person's possession

21 of a large capacity ammunition feeding device if the person

22 lawfully possessed that large capacity ammunition feeding

23 device before the effective date of this amendatory Act of the

24 102nd General Assembly, provided that the person shall possess

25 such device only:

26 (1) on private property owned or immediately

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1 controlled by the person;

2 (2) on private property that is not open to the public

3 with the express permission of the person who owns or

4 immediately controls such property;

5 (3) while on the premises of a licensed firearms

6 dealer or gunsmith for the purpose of lawful repair;

7 (4) while engaged in the legal use of the large

8 capacity ammunition feeding device at a properly licensed

9 firing range or sport shooting competition venue; or

10 (5) while traveling to or from these locations,

11 provided that the large capacity ammunition feeding device

12 is stored unloaded and enclosed in a case, firearm

13 carrying box, shipping box, or other container.

14 A person authorized under this Section to possess a large

15 capacity ammunition feeding device may transfer the large

16 capacity ammunition feeding device only to an heir, an

17 individual residing in another state maintaining it in another

18 state, or a dealer licensed as a federal firearms dealer under

19 Section 923 of the federal Gun Control Act of 1968. Within 10

20 days after transfer of the large capacity ammunition feeding

21 device except to an heir, the person shall notify the Illinois

22 State Police of the name and address of the transferee ~~and~~

23 ~~comply with the requirements of subsection (b) of Section 3 of~~

24 ~~the Firearm Owners Identification Card Act~~. The person to whom

25 the large capacity ammunition feeding device is transferred

26 shall, within 60 days of the transfer, notify the Illinois

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1 State Police of the person's acquisition ~~and comply with the~~

2 ~~requirements of subsection (b) of Section 3 of the Firearm~~

3 ~~Owners Identification Card Act~~. A person to whom the large

4 capacity ammunition feeding device is transferred may transfer

5 it only as provided in this subsection.

6 ~~Except as provided in subsections (e) and (f) and~~

7 ~~beginning 90 days after the effective date of this amendatory~~

8 ~~Act of the 102nd General Assembly, any person who moves into~~

9 ~~this State in possession of a large capacity ammunition~~

10 ~~feeding device shall, within 60 days, apply for a Firearm~~

11 ~~Owners Identification Card.~~

12 (e) The provisions of this Section regarding the purchase

13 or possession of large capacity ammunition feeding devices, as

14 well as the provisions of this Section that prohibit causing

15 those items to be purchased or possessed, do not apply to:

16 (1) Peace officers as defined in Section 2-13 of this

17 Code.

18 (2) Qualified law enforcement officers and qualified

19 retired law enforcement officers as defined in the Law

20 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B

21 and 926C) and as recognized under Illinois law.

22 (3) A federal, State, or local law enforcement agency

23 for the purpose of equipping the agency's peace officers

24 as defined in paragraph (1) or (2) of this subsection (e).

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

26 penitentiaries, jails, and other institutions for the

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1 detention of persons accused or convicted of an offense.

2 (5) Members of the Armed Services or Reserve Forces of

3 the United States or the Illinois National Guard, while

4 their official duties or while traveling to or from their

5 places of duty.

6 (6) Any company that employs armed security officers

7 in this State at a nuclear energy, storage, weapons, or

8 development site or facility regulated by the federal

9 Nuclear Regulatory Commission and any person employed as

10 an armed security force member at a nuclear energy,

11 storage, weapons, or development site or facility

12 regulated by the federal Nuclear Regulatory Commission who

13 has completed the background screening and training

14 mandated by the rules and regulations of the federal

15 Nuclear Regulatory Commission and while performing

16 official duties.

17 (7) Any private security contractor agency licensed

18 under the Private Detective, Private Alarm, Private

19 Security, Fingerprint Vendor, and Locksmith Act of 2004

20 that employs private security contractors and any private

21 security contractor who is licensed and has been issued a

22 firearm control card under the Private Detective, Private

23 Alarm, Private Security, Fingerprint Vendor, and Locksmith

24 Act of 2004 while performing official duties.

25 (f) This Section does not apply to or affect any of the

26 following:

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1 (1) Manufacture, delivery, sale, importation,

2 purchase, or possession or causing to be manufactured,

3 delivered, sold, imported, purchased, or possessed a large

4 capacity ammunition feeding device:

5 (A) for sale or transfer to persons authorized

6 under subdivisions (1) through (7) of subsection (e)

7 to possess those items;

8 (B) for sale or transfer to the United States or

9 any department or agency thereof; or

10 (C) for sale or transfer in another state or for

11 export.

12 (2) Sale or rental of large capacity ammunition

13 feeding devices for blank-firing assault weapons and .50

14 caliber rifles, to persons authorized or permitted, or

15 both authorized and permitted, to acquire these devices

16 for the purpose of rental for use solely as props for a

17 motion picture, television, or video production or

18 entertainment event.

19 (g) Sentence. A person who knowingly manufactures,

20 delivers, sells, purchases, possesses, or causes to be

21 manufactured, delivered, sold, possessed, or purchased in

22 violation of this Section a large capacity ammunition feeding

23 device capable of holding more than 10 rounds of ammunition

24 for long guns or more than 15 rounds of ammunition for handguns

25 commits a petty offense with a fine of $1,000 for each

26 violation.

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1 (h) The Department of the State Police shall also develop

2 and implement a public notice and public outreach campaign to

3 promote awareness about the provisions of this amendatory Act

4 of the 102nd General Assembly and to increase compliance with

5 this Section.

6 (Source: P.A. 102-1116, eff. 1-10-23.)

7 (720 ILCS 5/24-2)

8 Sec. 24-2. Exemptions.

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

10 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

11 the following:

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

13 officer to assist in making arrests or preserving the

14 peace, while actually engaged in assisting such officer.

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 while in the performance of their official duty, or while

19 commuting between their homes and places of employment.

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

21 the United States or the Illinois National Guard or the

22 Reserve Officers Training Corps, while in the performance

23 of their official duty.

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

25 utility to perform police functions, and guards of armored

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1 car companies, while actually engaged in the performance

2 of the duties of their employment or commuting between

3 their homes and places of employment; and watchmen while

4 actually engaged in the performance of the duties of their

5 employment.

6 (5) Persons licensed as private security contractors,

7 private detectives, or private alarm contractors, or

8 employed by a private security contractor, private

9 detective, or private alarm contractor agency licensed by

10 the Department of Financial and Professional Regulation,

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

12 provisions of the Private Detective, Private Alarm,

13 Private Security, Fingerprint Vendor, and Locksmith Act of

14 2004, while actually engaged in the performance of the

15 duties of their employment or commuting between their

16 homes and places of employment. A person shall be

17 considered eligible for this exemption if he or she has

18 completed the required 20 hours of training for a private

19 security contractor, private detective, or private alarm

20 contractor, or employee of a licensed private security

21 contractor, private detective, or private alarm contractor

22 agency and 28 hours of required firearm training, and has

23 been issued a firearm control card by the Department of

24 Financial and Professional Regulation. Conditions for the

25 renewal of firearm control cards issued under the

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

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1 cards issued under the provisions of the Private

2 Detective, Private Alarm, Private Security, Fingerprint

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

4 card shall be carried by the private security contractor,

5 private detective, or private alarm contractor, or

6 employee of the licensed private security contractor,

7 private detective, or private alarm contractor agency at

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

9 weapon permitted by his or her firearm control card.

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

11 industrial operation as a security guard for the

12 protection of persons employed and private property

13 related to such commercial or industrial operation, while

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

15 traveling between sites or properties belonging to the

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

17 security force registered with the Department of Financial

18 and Professional Regulation; provided that such security

19 guard has successfully completed a course of study,

20 approved by and supervised by the Department of Financial

21 and Professional Regulation, consisting of not less than

22 48 hours of training that includes the theory of law

23 enforcement, liability for acts, and the handling of

24 weapons. A person shall be considered eligible for this

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

26 of training for a security officer and 28 hours of

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1 required firearm training, and has been issued a firearm

2 control card by the Department of Financial and

3 Professional Regulation. Conditions for the renewal of

4 firearm control cards issued under the provisions of this

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

6 the provisions of the Private Detective, Private Alarm,

7 Private Security, Fingerprint Vendor, and Locksmith Act of

8 2004. The firearm control card shall be carried by the

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

10 of a concealable weapon permitted by his or her firearm

11 control card.

12 (7) Agents and investigators of the Illinois

13 Legislative Investigating Commission authorized by the

14 Commission to carry the weapons specified in subsections

15 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

16 any investigation for the Commission.

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

18 security guard for the protection of other employees and

19 property related to such financial institution, while

20 actually engaged in the performance of their duties,

21 commuting between their homes and places of employment, or

22 traveling between sites or properties owned or operated by

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

24 is a member of a security force registered with the

25 Department; provided that any person so employed has

26 successfully completed a course of study, approved by and

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1 supervised by the Department of Financial and Professional

2 Regulation, consisting of not less than 48 hours of

3 training which includes theory of law enforcement,

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

5 shall be considered to be eligible for this exemption if

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

7 for a security officer and 28 hours of required firearm

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

9 the Department of Financial and Professional Regulation.

10 Conditions for renewal of firearm control cards issued

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

12 for those issued under the provisions of the Private

13 Detective, Private Alarm, Private Security, Fingerprint

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

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

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

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

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

19 savings and loan association, credit union or company

20 providing armored car services.

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

22 drive an armored car, while actually engaged in the

23 performance of his duties.

24 (10) Persons who have been classified as peace

25 officers pursuant to the Peace Officer Fire Investigation

26 Act.

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

2 Attorneys Appellate Prosecutor authorized by the board of

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

4 Prosecutor to carry weapons pursuant to Section 7.06 of

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

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

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

8 (12.5) Probation officers while in the performance of

9 their duties, or while commuting between their homes,

10 places of employment or specific locations that are part

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

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

13 have received weapons training according to requirements

14 of the Peace Officer and Probation Officer Firearm

15 Training Act.

16 (13) Court Security Officers while in the performance

17 of their official duties, or while commuting between their

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

19 Sheriff.

20 (13.5) A person employed as an armed security guard at

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

22 facility regulated by the Nuclear Regulatory Commission

23 who has completed the background screening and training

24 mandated by the rules and regulations of the Nuclear

25 Regulatory Commission.

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

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1 to persons authorized under subdivisions (1) through

2 (13.5) of this subsection to possess those weapons.

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

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

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

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

7 the commission of the offense.

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

9 to or affect a qualified current or retired law enforcement

10 officer or a current or retired deputy, county correctional

11 officer, or correctional officer of the Department of

12 Corrections qualified under the laws of this State or under

13 the federal Law Enforcement Officers Safety Act.

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

15 24-1.6 do not apply to or affect any of the following:

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

17 the purpose of practicing shooting at targets upon

18 established target ranges, whether public or private, and

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

20 using their firearms on those target ranges.

21 (2) Duly authorized military or civil organizations

22 while parading, with the special permission of the

23 Governor.

24 (3) Hunters, trappers, or fishermen while engaged in

25 lawful hunting, trapping, or fishing under the provisions

26 of the Wildlife Code or the Fish and Aquatic Life Code.

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

2 a 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

6 person's 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

2 lawful 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

15 experimental activities necessary thereto, of rifles,

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

17 ammunition for such rifles, shotguns or weapons, where

18 engaged in by a person operating as a contractor or

19 subcontractor pursuant to a contract or subcontract for

20 the development and supply of such rifles, shotguns,

21 weapons or ammunition to the United States government or

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

23 such activities are necessary and incident to fulfilling

24 the terms of such contract.

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

26 shall also apply to any authorized agent of any such

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1 contractor or subcontractor who is operating within the

2 scope of his employment, where such activities involving

3 such weapon, weapons or ammunition are necessary and

4 incident to fulfilling the terms of such contract.

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

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

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

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

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

10 nationally recognized military re-enacting group and the

11 modification is required and necessary to accurately

12 portray the weapon for historical re-enactment purposes;

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

14 re-enacting group membership credential; and the overall

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

16 inches.

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

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

19 peace officer.

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

21 manager or authorized employee of any place specified in that

22 subsection nor to any law enforcement officer.

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

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

25 organization organized for the purpose of practicing shooting

26 at targets upon established target ranges, whether public or

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

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

3 to:

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

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

6 the performance of their official duty.

7 (2) Bonafide collectors of antique or surplus military

8 ordnance.

9 (3) Laboratories having a department of forensic

10 ballistics, or specializing in the development of

11 ammunition or explosive ordnance.

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

13 explosive bullets by manufacturers of ammunition licensed

14 by the federal government, in connection with the supply

15 of those organizations and persons exempted by subdivision

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

17 outside this State, or the transportation of explosive

18 bullets to any organization or person exempted in this

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

20 by an exempted manufacturer.

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

22 persons licensed under federal law to manufacture any device

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

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

25 ammunition for those firearms equipped with those devices, and

26 actually engaged in the business of manufacturing those

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

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

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

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

5 authorize the general private possession of any device or

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

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

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

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

10 During transportation, these devices shall be detached from

11 any weapon or not immediately accessible.

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

13 24-1.6 do not apply to or affect any parole agent or parole

14 supervisor who meets the qualifications and conditions

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

16 Corrections.

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

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

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

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

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

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

23 maintained by lawfully recognized units of government whose

24 duties include the investigation of criminal acts.

25 (g-10) (Blank).

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

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1 any subsection of this Article need not negative any

2 exemptions contained in this Article. The defendant shall have

3 the burden of proving such an exemption.

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

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

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

7 consigned to a common carrier operating under license of the

8 State of Illinois or the federal government, where such

9 transportation, carrying, or possession is incident to the

10 lawful transportation in which such common carrier is engaged;

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

12 affect the transportation, carrying, or possession of any

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

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

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

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

17 other container, by a person eligible under State and federal

18 law to possess a firearm ~~the possessor of a valid Firearm~~

19 ~~Owners Identification Card~~.

20 (Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22;

21 102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised

22 12-14-22.)

23 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

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

25 (A) A person commits the offense of unlawful sale or

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1 delivery of firearms when he or she knowingly does any of the

2 following:

3 (a) Sells or gives any firearm of a size which may be

4 concealed upon the person to any person under 18 years of

5 age.

6 (b) Sells or gives any firearm to a person under 21

7 years of age who has been convicted of a misdemeanor other

8 than a traffic offense or adjudged delinquent.

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

10 (d) Sells or gives any firearm to any person who has

11 been convicted of a felony under the laws of this or any

12 other jurisdiction.

13 (e) Sells or gives any firearm to any person who has

14 been a patient in a mental institution within the past 5

15 years. In this subsection (e):

16 "Mental institution" means any hospital,

17 institution, clinic, evaluation facility, mental

18 health center, or part thereof, which is used

19 primarily for the care or treatment of persons with

20 mental illness.

21 "Patient in a mental institution" means the person

22 was admitted, either voluntarily or involuntarily, to

23 a mental institution for mental health treatment,

24 unless the treatment was voluntary and solely for an

25 alcohol abuse disorder and no other secondary

26 substance abuse disorder or mental illness.

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1 (f) Sells or gives any firearms to any person who is a

2 person with an intellectual disability.

3 (g) Delivers any firearm, incidental to a sale,

4 without withholding delivery of the firearm for at least

5 72 hours after application for its purchase has been made,

6 or delivers a stun gun or taser, incidental to a sale,

7 without withholding delivery of the stun gun or taser for

8 at least 24 hours after application for its purchase has

9 been made. However, this paragraph (g) does not apply to:

10 (1) the sale of a firearm to a law enforcement officer if

11 the seller of the firearm knows that the person to whom he

12 or she is selling the firearm is a law enforcement officer

13 or the sale of a firearm to a person who desires to

14 purchase a firearm for use in promoting the public

15 interest incident to his or her employment as a bank

16 guard, armed truck guard, or other similar employment; (2)

17 a mail order sale of a firearm from a federally licensed

18 firearms dealer to a nonresident of Illinois under which

19 the firearm is mailed to a federally licensed firearms

20 dealer outside the boundaries of Illinois; (3) (blank);

21 (4) the sale of a firearm to a dealer licensed as a federal

22 firearms dealer under Section 923 of the federal Gun

23 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or

24 sale of any rifle, shotgun, or other long gun to a resident

25 registered competitor or attendee or non-resident

26 registered competitor or attendee by any dealer licensed

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1 as a federal firearms dealer under Section 923 of the

2 federal Gun Control Act of 1968 at competitive shooting

3 events held at the World Shooting Complex sanctioned by a

4 national governing body. For purposes of transfers or

5 sales under subparagraph (5) of this paragraph (g), the

6 Department of Natural Resources shall give notice to the

7 Illinois State Police at least 30 calendar days prior to

8 any competitive shooting events at the World Shooting

9 Complex sanctioned by a national governing body. The

10 notification shall be made on a form prescribed by the

11 Illinois State Police. The sanctioning body shall provide

12 a list of all registered competitors and attendees at

13 least 24 hours before the events to the Illinois State

14 Police. Any changes to the list of registered competitors

15 and attendees shall be forwarded to the Illinois State

16 Police as soon as practicable. The Illinois State Police

17 must destroy the list of registered competitors and

18 attendees no later than 30 days after the date of the

19 event. Nothing in this paragraph (g) relieves a federally

20 licensed firearm dealer from the requirements of

21 conducting a NICS background check through the Illinois

22 Point of Contact under 18 U.S.C. 922(t). For purposes of

23 this paragraph (g), "application" means when the buyer and

24 seller reach an agreement to purchase a firearm. For

25 purposes of this paragraph (g), "national governing body"

26 means a group of persons who adopt rules and formulate

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1 policy on behalf of a national firearm sporting

2 organization.

3 (h) While holding any license as a dealer, importer,

4 manufacturer or pawnbroker under the federal Gun Control

5 Act of 1968, manufactures, sells or delivers to any

6 unlicensed person a handgun having a barrel, slide, frame

7 or receiver which is a die casting of zinc alloy or any

8 other nonhomogeneous metal which will melt or deform at a

9 temperature of less than 800 degrees Fahrenheit. For

10 purposes of this paragraph, (1) "firearm"has the meaning

11 provided in Section 2-7.5 of the Criminal Code of 2012 ~~is~~

12 ~~defined as in the Firearm Owners Identification Card Act~~;

13 and (2) "handgun" is defined as a firearm designed to be

14 held and fired by the use of a single hand, and includes a

15 combination of parts from which such a firearm can be

16 assembled.

17 (i) Sells or gives a firearm of any size to any person

18 under 18 years of age whois not eligible under State or

19 federal law to possess a firearm ~~does not possess a valid~~

20 ~~Firearm Owner's Identification Card~~.

21 (j) Sells or gives a firearm while engaged in the

22 business of selling firearms at wholesale or retail

23 without being licensed as a federal firearms dealer under

24 Section 923 of the federal Gun Control Act of 1968 (18

25 U.S.C. 923). In this paragraph (j):

26 A person "engaged in the business" means a person who

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1 devotes time, attention, and labor to engaging in the

2 activity as a regular course of trade or business with the

3 principal objective of livelihood and profit, but does not

4 include a person who makes occasional repairs of firearms

5 or who occasionally fits special barrels, stocks, or

6 trigger mechanisms to firearms.

7 "With the principal objective of livelihood and

8 profit" means that the intent underlying the sale or

9 disposition of firearms is predominantly one of obtaining

10 livelihood and pecuniary gain, as opposed to other

11 intents, such as improving or liquidating a personal

12 firearms collection; however, proof of profit shall not be

13 required as to a person who engages in the regular and

14 repetitive purchase and disposition of firearms for

15 criminal purposes or terrorism.

16 (k) (Blank). ~~Sells or transfers ownership of a firearm~~

17 ~~to a person who does not display to the seller or~~

18 ~~transferor of the firearm either: (1) a currently valid~~

19 ~~Firearm Owner's Identification Card that has previously~~

20 ~~been issued in the transferee's name by the Illinois State~~

21 ~~Police under the provisions of the Firearm Owners~~

22 ~~Identification Card Act; or (2) a currently valid license~~

23 ~~to carry a concealed firearm that has previously been~~

24 ~~issued in the transferee's name by the Illinois State~~

25 ~~Police under the Firearm Concealed Carry Act. This~~

26 ~~paragraph (k) does not apply to the transfer of a firearm~~

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1 ~~to a person who is exempt from the requirement of~~

2 ~~possessing a Firearm Owner's Identification Card under~~

3 ~~Section 2 of the Firearm Owners Identification Card Act.~~

4 ~~For the purposes of this Section, a currently valid~~

5 ~~Firearm Owner's Identification Card or license to carry a~~

6 ~~concealed firearm means receipt of an approval number~~

7 ~~issued in accordance with subsection (a-10) of Section 3~~

8 ~~or Section 3.1 of the Firearm Owners Identification Card~~

9 ~~Act.~~

10 (1) (Blank). ~~In addition to the other requirements~~

11 ~~of this paragraph (k), all persons who are not~~

12 ~~federally licensed firearms dealers must also have~~

13 ~~complied with subsection (a-10) of Section 3 of the~~

14 ~~Firearm Owners Identification Card Act by determining~~

15 ~~the validity of a purchaser's Firearm Owner's~~

16 ~~Identification Card.~~

17 (2) (Blank). ~~All sellers or transferors who have~~

18 ~~complied with the requirements of subparagraph (1) of~~

19 ~~this paragraph (k) shall not be liable for damages in~~

20 ~~any civil action arising from the use or misuse by the~~

21 ~~transferee of the firearm transferred, except for~~

22 ~~willful or wanton misconduct on the part of the seller~~

23 ~~or transferor.~~

24 (l) Not being entitled to the possession of a firearm,

25 delivers the firearm, knowing it to have been stolen or

26 converted. It may be inferred that a person who possesses

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1 a firearm with knowledge that its serial number has been

2 removed or altered has knowledge that the firearm is

3 stolen or converted.

4 (B) Paragraph (h) of subsection (A) does not include

5 firearms sold within 6 months after enactment of Public Act

6 78-355 (approved August 21, 1973, effective October 1, 1973),

7 nor is any firearm legally owned or possessed by any citizen or

8 purchased by any citizen within 6 months after the enactment

9 of Public Act 78-355 subject to confiscation or seizure under

10 the provisions of that Public Act. Nothing in Public Act

11 78-355 shall be construed to prohibit the gift or trade of any

12 firearm if that firearm was legally held or acquired within 6

13 months after the enactment of that Public Act.

14 (C) Sentence.

15 (1) Any person convicted of unlawful sale or delivery

16 of firearms in violation of paragraph (c), (e), (f), (g),

17 or (h) of subsection (A) commits a Class 4 felony.

18 (2) Any person convicted of unlawful sale or delivery

19 of firearms in violation of paragraph (b) or (i) of

20 subsection (A) commits a Class 3 felony.

21 (3) Any person convicted of unlawful sale or delivery

22 of firearms in violation of paragraph (a) of subsection

23 (A) commits a Class 2 felony.

24 (4) Any person convicted of unlawful sale or delivery

25 of firearms in violation of paragraph (a), (b), or (i) of

26 subsection (A) in any school, on the real property

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1 comprising a school, within 1,000 feet of the real

2 property comprising a school, at a school related

3 activity, or on or within 1,000 feet of any conveyance

4 owned, leased, or contracted by a school or school

5 district to transport students to or from school or a

6 school related activity, regardless of the time of day or

7 time of year at which the offense was committed, commits a

8 Class 1 felony. Any person convicted of a second or

9 subsequent violation of unlawful sale or delivery of

10 firearms in violation of paragraph (a), (b), or (i) of

11 subsection (A) in any school, on the real property

12 comprising a school, within 1,000 feet of the real

13 property comprising a school, at a school related

14 activity, or on or within 1,000 feet of any conveyance

15 owned, leased, or contracted by a school or school

16 district to transport students to or from school or a

17 school related activity, regardless of the time of day or

18 time of year at which the offense was committed, commits a

19 Class 1 felony for which the sentence shall be a term of

20 imprisonment of no less than 5 years and no more than 15

21 years.

22 (5) Any person convicted of unlawful sale or delivery

23 of firearms in violation of paragraph (a) or (i) of

24 subsection (A) in residential property owned, operated, or

25 managed by a public housing agency or leased by a public

26 housing agency as part of a scattered site or mixed-income

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1 development, in a public park, in a courthouse, on

2 residential property owned, operated, or managed by a

3 public housing agency or leased by a public housing agency

4 as part of a scattered site or mixed-income development,

5 on the real property comprising any public park, on the

6 real property comprising any courthouse, or on any public

7 way within 1,000 feet of the real property comprising any

8 public park, courthouse, or residential property owned,

9 operated, or managed by a public housing agency or leased

10 by a public housing agency as part of a scattered site or

11 mixed-income development commits a Class 2 felony.

12 (6) Any person convicted of unlawful sale or delivery

13 of firearms in violation of paragraph (j) of subsection

14 (A) commits a Class A misdemeanor. A second or subsequent

15 violation is a Class 4 felony.

16 (7) (Blank). ~~Any person convicted of unlawful sale or~~

17 ~~delivery of firearms in violation of paragraph (k) of~~

18 ~~subsection (A) commits a Class 4 felony, except that a~~

19 ~~violation of subparagraph (1) of paragraph (k) of~~

20 ~~subsection (A) shall not be punishable as a crime or petty~~

21 ~~offense. A third or subsequent conviction for a violation~~

22 ~~of paragraph (k) of subsection (A) is a Class 1 felony.~~

23 (8) A person 18 years of age or older convicted of

24 unlawful sale or delivery of firearms in violation of

25 paragraph (a) or (i) of subsection (A), when the firearm

26 that was sold or given to another person under 18 years of

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1 age was used in the commission of or attempt to commit a

2 forcible felony, shall be fined or imprisoned, or both,

3 not to exceed the maximum provided for the most serious

4 forcible felony so committed or attempted by the person

5 under 18 years of age who was sold or given the firearm.

6 (9) Any person convicted of unlawful sale or delivery

7 of firearms in violation of paragraph (d) of subsection

8 (A) commits a Class 3 felony.

9 (10) Any person convicted of unlawful sale or delivery

10 of firearms in violation of paragraph (l) of subsection

11 (A) commits a Class 2 felony if the delivery is of one

12 firearm. Any person convicted of unlawful sale or delivery

13 of firearms in violation of paragraph (l) of subsection

14 (A) commits a Class 1 felony if the delivery is of not less

15 than 2 and not more than 5 firearms at the same time or

16 within a one-year period. Any person convicted of unlawful

17 sale or delivery of firearms in violation of paragraph (l)

18 of subsection (A) commits a Class X felony for which he or

19 she shall be sentenced to a term of imprisonment of not

20 less than 6 years and not more than 30 years if the

21 delivery is of not less than 6 and not more than 10

22 firearms at the same time or within a 2-year period. Any

23 person convicted of unlawful sale or delivery of firearms

24 in violation of paragraph (l) of subsection (A) commits a

25 Class X felony for which he or she shall be sentenced to a

26 term of imprisonment of not less than 6 years and not more

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1 than 40 years if the delivery is of not less than 11 and

2 not more than 20 firearms at the same time or within a

3 3-year period. Any person convicted of unlawful sale or

4 delivery of firearms in violation of paragraph (l) of

5 subsection (A) commits a Class X felony for which he or she

6 shall be sentenced to a term of imprisonment of not less

7 than 6 years and not more than 50 years if the delivery is

8 of not less than 21 and not more than 30 firearms at the

9 same time or within a 4-year period. Any person convicted

10 of unlawful sale or delivery of firearms in violation of

11 paragraph (l) of subsection (A) commits a Class X felony

12 for which he or she shall be sentenced to a term of

13 imprisonment of not less than 6 years and not more than 60

14 years if the delivery is of 31 or more firearms at the same

15 time or within a 5-year period.

16 (D) For purposes of this Section:

17 "School" means a public or private elementary or secondary

18 school, community college, college, or university.

19 "School related activity" means any sporting, social,

20 academic, or other activity for which students' attendance or

21 participation is sponsored, organized, or funded in whole or

22 in part by a school or school district.

23 (E) (Blank). ~~A prosecution for a violation of paragraph~~

24 ~~(k) of subsection (A) of this Section may be commenced within 6~~

25 ~~years after the commission of the offense. A prosecution for a~~

26 ~~violation of this Section other than paragraph (g) of~~

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1 ~~subsection (A) of this Section may be commenced within 5 years~~

2 ~~after the commission of the offense defined in the particular~~

3 ~~paragraph.~~

4 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

5 102-813, eff. 5-13-22.)

6 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)

7 Sec. 24-3.1. Unlawful possession of firearms and firearm

8 ammunition.

9 (a) A person commits the offense of unlawful possession of

10 firearms or firearm ammunition when:

11 (1) He is under 18 years of age and has in his

12 possession any firearm of a size which may be concealed

13 upon the person; or

14 (2) He is under 21 years of age, has been convicted of

15 a misdemeanor other than a traffic offense or adjudged

16 delinquent and has any firearms or firearm ammunition in

17 his possession; or

18 (3) He is a narcotic addict and has any firearms or

19 firearm ammunition in his possession; or

20 (4) He has been a patient in a mental institution

21 within the past 5 years and has any firearms or firearm

22 ammunition in his possession. For purposes of this

23 paragraph (4):

24 "Mental institution" means any hospital,

25 institution, clinic, evaluation facility, mental

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1 health center, or part thereof, which is used

2 primarily for the care or treatment of persons with

3 mental illness.

4 "Patient in a mental institution" means the person

5 was admitted, either voluntarily or involuntarily, to

6 a mental institution for mental health treatment,

7 unless the treatment was voluntary and solely for an

8 alcohol abuse disorder and no other secondary

9 substance abuse disorder or mental illness; or

10 (5) He is a person with an intellectual disability and

11 has any firearms or firearm ammunition in his possession;

12 or

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

14 For purposes of this paragraph "explosive bullet" means

15 the projectile portion of an ammunition cartridge which

16 contains or carries an explosive charge which will explode

17 upon contact with the flesh of a human or an animal.

18 "Cartridge" means a tubular metal case having a projectile

19 affixed at the front thereof and a cap or primer at the rear

20 end thereof, with the propellant contained in such tube

21 between the projectile and the cap.

22 (a-5) A person prohibited from possessing a firearm under

23 this Section may petition the Director of the Illinois State

24 Police for a hearing and relief from the prohibition, unless

25 the prohibition was based upon a forcible felony, stalking,

26 aggravated stalking, domestic battery, any violation of the

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