103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5199
 
Introduced , by Rep. Brad Halbrook
 
SYNOPSIS AS INTRODUCED:

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


LRB103 38448 RLC 68584 b


 
 
A BILL FOR
 
HB5199LRB103 38448 RLC 68584 b


1 AN ACT concerning firearms.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The Open Meetings Act is amended by changing 
5Section 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 
9be open to the public unless excepted in subsection (c) and 
10closed in accordance with Section 2a.
11 (b) Construction of exceptions. The exceptions contained 
12in subsection (c) are in derogation of the requirement that 
13public bodies meet in the open, and therefore, the exceptions 
14are to be strictly construed, extending only to subjects 
15clearly within their scope. The exceptions authorize but do 
16not require the holding of a closed meeting to discuss a 
17subject included within an enumerated exception.
18 (c) Exceptions. A public body may hold closed meetings to 
19consider 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  (4.5) Evidence or testimony presented to a school 
5 board regarding denial of admission to school events or 
6 property pursuant to Section 24-24 of the School Code, 
7 provided that the school board prepares and makes 
8 available for public inspection a written decision setting 
9 forth its determinative reasoning. 
10  (5) The purchase or lease of real property for the use 
11 of the public body, including meetings held for the 
12 purpose of discussing whether a particular parcel should 
13 be acquired.
14  (6) The setting of a price for sale or lease of 
15 property owned by the public body.
16  (7) The sale or purchase of securities, investments, 
17 or investment contracts. This exception shall not apply to 
18 the investment of assets or income of funds deposited into 
19 the Illinois Prepaid Tuition Trust Fund. 
20  (8) Security procedures, school building safety and 
21 security, and the use of personnel and equipment to 
22 respond to an actual, a threatened, or a reasonably 
23 potential danger to the safety of employees, students, 
24 staff, the public, or public property.
25  (9) Student disciplinary cases.
26  (10) The placement of individual students in special 
 
 
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1 education programs and other matters relating to 
2 individual students.
3  (11) Litigation, when an action against, affecting or 
4 on behalf of the particular public body has been filed and 
5 is pending before a court or administrative tribunal, or 
6 when the public body finds that an action is probable or 
7 imminent, in which case the basis for the finding shall be 
8 recorded and entered into the minutes of the closed 
9 meeting.
10  (12) The establishment of reserves or settlement of 
11 claims as provided in the Local Governmental and 
12 Governmental Employees Tort Immunity Act, if otherwise the 
13 disposition of a claim or potential claim might be 
14 prejudiced, or the review or discussion of claims, loss or 
15 risk management information, records, data, advice or 
16 communications from or with respect to any insurer of the 
17 public body or any intergovernmental risk management 
18 association or self insurance pool of which the public 
19 body is a member.
20  (13) Conciliation of complaints of discrimination in 
21 the sale or rental of housing, when closed meetings are 
22 authorized by the law or ordinance prescribing fair 
23 housing practices and creating a commission or 
24 administrative agency for their enforcement.
25  (14) Informant sources, the hiring or assignment of 
26 undercover personnel or equipment, or ongoing, prior or 
 
 
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1 future criminal investigations, when discussed by a public 
2 body with criminal investigatory responsibilities.
3  (15) Professional ethics or performance when 
4 considered by an advisory body appointed to advise a 
5 licensing or regulatory agency on matters germane to the 
6 advisory body's field of competence.
7  (16) Self evaluation, practices and procedures or 
8 professional ethics, when meeting with a representative of 
9 a statewide association of which the public body is a 
10 member.
11  (17) The recruitment, credentialing, discipline or 
12 formal peer review of physicians or other health care 
13 professionals, or for the discussion of matters protected 
14 under the federal Patient Safety and Quality Improvement 
15 Act of 2005, and the regulations promulgated thereunder, 
16 including 42 C.F.R. Part 3 (73 FR 70732), or the federal 
17 Health Insurance Portability and Accountability Act of 
18 1996, and the regulations promulgated thereunder, 
19 including 45 C.F.R. Parts 160, 162, and 164, by a 
20 hospital, or other institution providing medical care, 
21 that is operated by the public body.
22  (18) Deliberations for decisions of the Prisoner 
23 Review Board.
24  (19) Review or discussion of applications received 
25 under the Experimental Organ Transplantation Procedures 
26 Act.
 
 
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1  (20) The classification and discussion of matters 
2 classified as confidential or continued confidential by 
3 the State Government Suggestion Award Board.
4  (21) Discussion of minutes of meetings lawfully closed 
5 under this Act, whether for purposes of approval by the 
6 body of the minutes or semi-annual review of the minutes 
7 as mandated by Section 2.06.
8  (22) Deliberations for decisions of the State 
9 Emergency Medical Services Disciplinary Review Board.
10  (23) The operation by a municipality of a municipal 
11 utility or the operation of a municipal power agency or 
12 municipal natural gas agency when the discussion involves 
13 (i) contracts relating to the purchase, sale, or delivery 
14 of electricity or natural gas or (ii) the results or 
15 conclusions of load forecast studies.
16  (24) Meetings of a residential health care facility 
17 resident sexual assault and death review team or the 
18 Executive Council under the Abuse Prevention Review Team 
19 Act.
20  (25) Meetings of an independent team of experts under 
21 Brian's Law. 
22  (26) Meetings of a mortality review team appointed 
23 under the Department of Juvenile Justice Mortality Review 
24 Team Act. 
25  (27) (Blank). 
26  (28) Correspondence and records (i) that may not be 
 
 
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1 disclosed under Section 11-9 of the Illinois Public Aid 
2 Code or (ii) that pertain to appeals under Section 11-8 of 
3 the Illinois Public Aid Code. 
4  (29) Meetings between internal or external auditors 
5 and governmental audit committees, finance committees, and 
6 their equivalents, when the discussion involves internal 
7 control weaknesses, identification of potential fraud risk 
8 areas, known or suspected frauds, and fraud interviews 
9 conducted in accordance with generally accepted auditing 
10 standards of the United States of America.
11  (30) Those meetings or portions of meetings of a 
12 fatality review team or the Illinois Fatality Review Team 
13 Advisory Council during which a review of the death of an 
14 eligible adult in which abuse or neglect is suspected, 
15 alleged, or substantiated is conducted pursuant to Section 
16 15 of the Adult Protective Services Act. 
17  (31) Meetings and deliberations for decisions of the 
18 Concealed Carry Licensing Review Board under the Firearm 
19 Concealed Carry Act. 
20  (32) Meetings between the Regional Transportation 
21 Authority Board and its Service Boards when the discussion 
22 involves review by the Regional Transportation Authority 
23 Board of employment contracts under Section 28d of the 
24 Metropolitan Transit Authority Act and Sections 3A.18 and 
25 3B.26 of the Regional Transportation Authority Act.
26  (33) Those meetings or portions of meetings of the 
 
 
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1 advisory committee and peer review subcommittee created 
2 under Section 320 of the Illinois Controlled Substances 
3 Act during which specific controlled substance prescriber, 
4 dispenser, or patient information is discussed.
5  (34) Meetings of the Tax Increment Financing Reform 
6 Task Force under Section 2505-800 of the Department of 
7 Revenue Law of the Civil Administrative Code of Illinois. 
8  (35) Meetings of the group established to discuss 
9 Medicaid capitation rates under Section 5-30.8 of the 
10 Illinois Public Aid Code. 
11  (36) Those deliberations or portions of deliberations 
12 for decisions of the Illinois Gaming Board in which there 
13 is discussed any of the following: (i) personal, 
14 commercial, financial, or other information obtained from 
15 any source that is privileged, proprietary, confidential, 
16 or a trade secret; or (ii) information specifically 
17 exempted from the disclosure by federal or State law.
18  (37) Deliberations for decisions of the Illinois Law 
19 Enforcement Training Standards Board, the Certification 
20 Review Panel, and the Illinois State Police Merit Board 
21 regarding certification and decertification. 
22  (38) Meetings of the Ad Hoc Statewide Domestic 
23 Violence Fatality Review Committee of the Illinois 
24 Criminal Justice Information Authority Board that occur in 
25 closed executive session under subsection (d) of Section 
26 35 of the Domestic Violence Fatality Review Act. 
 
 
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1  (39) Meetings of the regional review teams under 
2 subsection (a) of Section 75 of the Domestic Violence 
3 Fatality Review Act. 
4  (40) Meetings of the Firearm Owner's Identification 
5 Card Review Board under Section 10 of the Firearm Owners 
6 Identification Card Act before the effective date of this 
7 amendatory Act of the 103rd General Assembly. 
8 (d) Definitions. For purposes of this Section:
9 "Employee" means a person employed by a public body whose 
10relationship with the public body constitutes an 
11employer-employee relationship under the usual common law 
12rules, and who is not an independent contractor.
13 "Public office" means a position created by or under the 
14Constitution or laws of this State, the occupant of which is 
15charged with the exercise of some portion of the sovereign 
16power of this State. The term "public office" shall include 
17members of the public body, but it shall not include 
18organizational positions filled by members thereof, whether 
19established by law or by a public body itself, that exist to 
20assist the body in the conduct of its business.
21 "Quasi-adjudicative body" means an administrative body 
22charged by law or ordinance with the responsibility to conduct 
23hearings, receive evidence or testimony and make 
24determinations based thereon, but does not include local 
25electoral boards when such bodies are considering petition 
26challenges.
 
 
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1 (e) Final action. No final action may be taken at a closed 
2meeting. Final action shall be preceded by a public recital of 
3the nature of the matter being considered and other 
4information that will inform the public of the business being 
5conducted. 
6(Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21; 
7102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff. 
87-28-23.)

9 Section 10. The Freedom of Information Act is amended by 
10changing Section 7.5 as follows:

11 (5 ILCS 140/7.5)
12 (Text of Section before amendment by P.A. 103-472)
13 Sec. 7.5. Statutory exemptions. To the extent provided for 
14by the statutes referenced below, the following shall be 
15exempt from inspection and copying:
16  (a) All information determined to be confidential 
17 under Section 4002 of the Technology Advancement and 
18 Development Act.
19  (b) Library circulation and order records identifying 
20 library users with specific materials under the Library 
21 Records Confidentiality Act.
22  (c) Applications, related documents, and medical 
23 records received by the Experimental Organ Transplantation 
24 Procedures Board and any and all documents or other 
 
 
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1 records prepared by the Experimental Organ Transplantation 
2 Procedures Board or its staff relating to applications it 
3 has received.
4  (d) Information and records held by the Department of 
5 Public Health and its authorized representatives relating 
6 to known or suspected cases of sexually transmissible 
7 disease or any information the disclosure of which is 
8 restricted under the Illinois Sexually Transmissible 
9 Disease Control Act.
10  (e) Information the disclosure of which is exempted 
11 under Section 30 of the Radon Industry Licensing Act.
12  (f) Firm performance evaluations under Section 55 of 
13 the Architectural, Engineering, and Land Surveying 
14 Qualifications Based Selection Act.
15  (g) Information the disclosure of which is restricted 
16 and exempted under Section 50 of the Illinois Prepaid 
17 Tuition Act.
18  (h) Information the disclosure of which is exempted 
19 under the State Officials and Employees Ethics Act, and 
20 records of any lawfully created State or local inspector 
21 general's office that would be exempt if created or 
22 obtained by an Executive Inspector General's office under 
23 that Act.
24  (i) Information contained in a local emergency energy 
25 plan submitted to a municipality in accordance with a 
26 local emergency energy plan ordinance that is adopted 
 
 
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1 under Section 11-21.5-5 of the Illinois Municipal Code.
2  (j) Information and data concerning the distribution 
3 of surcharge moneys collected and remitted by carriers 
4 under the Emergency Telephone System Act.
5  (k) Law enforcement officer identification information 
6 or driver identification information compiled by a law 
7 enforcement agency or the Department of Transportation 
8 under Section 11-212 of the Illinois Vehicle Code.
9  (l) Records and information provided to a residential 
10 health care facility resident sexual assault and death 
11 review team or the Executive Council under the Abuse 
12 Prevention Review Team Act.
13  (m) Information provided to the predatory lending 
14 database created pursuant to Article 3 of the Residential 
15 Real Property Disclosure Act, except to the extent 
16 authorized under that Article.
17  (n) Defense budgets and petitions for certification of 
18 compensation and expenses for court appointed trial 
19 counsel as provided under Sections 10 and 15 of the 
20 Capital Crimes Litigation Act (repealed). This subsection 
21 (n) shall apply until the conclusion of the trial of the 
22 case, even if the prosecution chooses not to pursue the 
23 death penalty prior to trial or sentencing.
24  (o) Information that is prohibited from being 
25 disclosed under Section 4 of the Illinois Health and 
26 Hazardous Substances Registry Act.
 
 
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1  (p) Security portions of system safety program plans, 
2 investigation reports, surveys, schedules, lists, data, or 
3 information compiled, collected, or prepared by or for the 
4 Department of Transportation under Sections 2705-300 and 
5 2705-616 of the Department of Transportation Law of the 
6 Civil Administrative Code of Illinois, the Regional 
7 Transportation Authority under Section 2.11 of the 
8 Regional Transportation Authority Act, or the St. Clair 
9 County Transit District under the Bi-State Transit Safety 
10 Act (repealed). 
11  (q) Information prohibited from being disclosed by the 
12 Personnel Record Review Act. 
13  (r) Information prohibited from being disclosed by the 
14 Illinois School Student Records Act. 
15  (s) Information the disclosure of which is restricted 
16 under Section 5-108 of the Public Utilities Act. 
17  (t) (Blank). 
18  (u) Records and information provided to an independent 
19 team of experts under the Developmental Disability and 
20 Mental Health Safety Act (also known as Brian's Law). 
21  (v) Names and information of people who have applied 
22 for or received Firearm Owner's Identification Cards under 
23 the Firearm Owners Identification Card Act or applied for 
24 or received a concealed carry license under the Firearm 
25 Concealed Carry Act, unless otherwise authorized by the 
26 Firearm Concealed Carry Act; and databases under the 
 
 
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1 Firearm Concealed Carry Act, records of the Concealed 
2 Carry Licensing Review Board under the Firearm Concealed 
3 Carry Act, and law enforcement agency objections under the 
4 Firearm Concealed Carry Act. 
5  (v-5) Records of the Firearm Owner's Identification 
6 Card Review Board that are exempted from disclosure under 
7 Section 10 of the Firearm Owners Identification Card Act.
8  (w) Personally identifiable information which is 
9 exempted from disclosure under subsection (g) of Section 
10 19.1 of the Toll Highway Act.
11  (x) Information which is exempted from disclosure 
12 under Section 5-1014.3 of the Counties Code or Section 
13 8-11-21 of the Illinois Municipal Code. 
14  (y) Confidential information under the Adult 
15 Protective Services Act and its predecessor enabling 
16 statute, the Elder Abuse and Neglect Act, including 
17 information about the identity and administrative finding 
18 against any caregiver of a verified and substantiated 
19 decision of abuse, neglect, or financial exploitation of 
20 an eligible adult maintained in the Registry established 
21 under Section 7.5 of the Adult Protective Services Act. 
22  (z) Records and information provided to a fatality 
23 review team or the Illinois Fatality Review Team Advisory 
24 Council under Section 15 of the Adult Protective Services 
25 Act. 
26  (aa) Information which is exempted from disclosure 
 
 
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1 under Section 2.37 of the Wildlife Code. 
2  (bb) Information which is or was prohibited from 
3 disclosure by the Juvenile Court Act of 1987. 
4  (cc) Recordings made under the Law Enforcement 
5 Officer-Worn Body Camera Act, except to the extent 
6 authorized under that Act.
7  (dd) Information that is prohibited from being 
8 disclosed under Section 45 of the Condominium and Common 
9 Interest Community Ombudsperson Act. 
10  (ee) Information that is exempted from disclosure 
11 under Section 30.1 of the Pharmacy Practice Act. 
12  (ff) Information that is exempted from disclosure 
13 under the Revised Uniform Unclaimed Property Act. 
14  (gg) Information that is prohibited from being 
15 disclosed under Section 7-603.5 of the Illinois Vehicle 
16 Code. 
17  (hh) Records that are exempt from disclosure under 
18 Section 1A-16.7 of the Election Code. 
19  (ii) Information which is exempted from disclosure 
20 under Section 2505-800 of the Department of Revenue Law of 
21 the Civil Administrative Code of Illinois. 
22  (jj) Information and reports that are required to be 
23 submitted to the Department of Labor by registering day 
24 and temporary labor service agencies but are exempt from 
25 disclosure under subsection (a-1) of Section 45 of the Day 
26 and Temporary Labor Services Act. 
 
 
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1  (kk) Information prohibited from disclosure under the 
2 Seizure and Forfeiture Reporting Act. 
3  (ll) Information the disclosure of which is restricted 
4 and exempted under Section 5-30.8 of the Illinois Public 
5 Aid Code. 
6  (mm) Records that are exempt from disclosure under 
7 Section 4.2 of the Crime Victims Compensation Act. 
8  (nn) Information that is exempt from disclosure under 
9 Section 70 of the Higher Education Student Assistance Act. 
10  (oo) Communications, notes, records, and reports 
11 arising out of a peer support counseling session 
12 prohibited from disclosure under the First Responders 
13 Suicide Prevention Act. 
14  (pp) Names and all identifying information relating to 
15 an employee of an emergency services provider or law 
16 enforcement agency under the First Responders Suicide 
17 Prevention Act. 
18  (qq) Information and records held by the Department of 
19 Public Health and its authorized representatives collected 
20 under the Reproductive Health Act. 
21  (rr) Information that is exempt from disclosure under 
22 the Cannabis Regulation and Tax Act. 
23  (ss) Data reported by an employer to the Department of 
24 Human Rights pursuant to Section 2-108 of the Illinois 
25 Human Rights Act.
26  (tt) Recordings made under the Children's Advocacy 
 
 
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1 Center Act, except to the extent authorized under that 
2 Act. 
3  (uu) Information that is exempt from disclosure under 
4 Section 50 of the Sexual Assault Evidence Submission Act. 
5  (vv) Information that is exempt from disclosure under 
6 subsections (f) and (j) of Section 5-36 of the Illinois 
7 Public Aid Code. 
8  (ww) Information that is exempt from disclosure under 
9 Section 16.8 of the State Treasurer Act. 
10  (xx) Information that is exempt from disclosure or 
11 information that shall not be made public under the 
12 Illinois Insurance Code. 
13  (yy) Information prohibited from being disclosed under 
14 the Illinois Educational Labor Relations Act.
15  (zz) Information prohibited from being disclosed under 
16 the Illinois Public Labor Relations Act. 
17  (aaa) Information prohibited from being disclosed 
18 under Section 1-167 of the Illinois Pension Code. 
19  (bbb) Information that is prohibited from disclosure 
20 by the Illinois Police Training Act and the Illinois State 
21 Police Act. 
22  (ccc) Records exempt from disclosure under Section 
23 2605-304 of the Illinois State Police Law of the Civil 
24 Administrative Code of Illinois. 
25  (ddd) Information prohibited from being disclosed 
26 under Section 35 of the Address Confidentiality for 
 
 
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1 Victims of Domestic Violence, Sexual Assault, Human 
2 Trafficking, or Stalking Act. 
3  (eee) Information prohibited from being disclosed 
4 under subsection (b) of Section 75 of the Domestic 
5 Violence Fatality Review Act. 
6  (fff) Images from cameras under the Expressway Camera 
7 Act. This subsection (fff) is inoperative on and after 
8 July 1, 2025. 
9  (ggg) Information prohibited from disclosure under 
10 paragraph (3) of subsection (a) of Section 14 of the Nurse 
11 Agency Licensing Act. 
12  (hhh) Information submitted to the Illinois State 
13 Police in an affidavit or application for an assault 
14 weapon endorsement, assault weapon attachment endorsement, 
15 .50 caliber rifle endorsement, or .50 caliber cartridge 
16 endorsement under the Firearm Owners Identification Card 
17 Act. 
18  (iii) Data exempt from disclosure under Section 50 of 
19 the School Safety Drill Act. 
20  (jjj) (hhh) Information exempt from disclosure under 
21 Section 30 of the Insurance Data Security Law. 
22  (kkk) (iii) Confidential business information 
23 prohibited from disclosure under Section 45 of the Paint 
24 Stewardship Act. 
25  (lll) (Reserved). 
26  (mmm) (iii) Information prohibited from being 
 
 
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1 disclosed under subsection (e) of Section 1-129 of the 
2 Illinois Power Agency Act. 
3(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 
4102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
58-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
6102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
76-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
8eff. 1-1-24; 103-508, eff. 8-4-23; 103-580, eff. 12-8-23; 
9revised 1-2-24.)

10 (Text of Section after amendment by P.A. 103-472)
11 Sec. 7.5. Statutory exemptions. To the extent provided for 
12by the statutes referenced below, the following shall be 
13exempt from inspection and copying:
14  (a) All information determined to be confidential 
15 under Section 4002 of the Technology Advancement and 
16 Development Act.
17  (b) Library circulation and order records identifying 
18 library users with specific materials under the Library 
19 Records Confidentiality Act.
20  (c) Applications, related documents, and medical 
21 records received by the Experimental Organ Transplantation 
22 Procedures Board and any and all documents or other 
23 records prepared by the Experimental Organ Transplantation 
24 Procedures Board or its staff relating to applications it 
25 has received.
 
 
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1  (d) Information and records held by the Department of 
2 Public Health and its authorized representatives relating 
3 to known or suspected cases of sexually transmissible 
4 disease or any information the disclosure of which is 
5 restricted under the Illinois Sexually Transmissible 
6 Disease Control Act.
7  (e) Information the disclosure of which is exempted 
8 under Section 30 of the Radon Industry Licensing Act.
9  (f) Firm performance evaluations under Section 55 of 
10 the Architectural, Engineering, and Land Surveying 
11 Qualifications Based Selection Act.
12  (g) Information the disclosure of which is restricted 
13 and exempted under Section 50 of the Illinois Prepaid 
14 Tuition Act.
15  (h) Information the disclosure of which is exempted 
16 under the State Officials and Employees Ethics Act, and 
17 records of any lawfully created State or local inspector 
18 general's office that would be exempt if created or 
19 obtained by an Executive Inspector General's office under 
20 that Act.
21  (i) Information contained in a local emergency energy 
22 plan submitted to a municipality in accordance with a 
23 local emergency energy plan ordinance that is adopted 
24 under Section 11-21.5-5 of the Illinois Municipal Code.
25  (j) Information and data concerning the distribution 
26 of surcharge moneys collected and remitted by carriers 
 
 
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1 under the Emergency Telephone System Act.
2  (k) Law enforcement officer identification information 
3 or driver identification information compiled by a law 
4 enforcement agency or the Department of Transportation 
5 under Section 11-212 of the Illinois Vehicle Code.
6  (l) Records and information provided to a residential 
7 health care facility resident sexual assault and death 
8 review team or the Executive Council under the Abuse 
9 Prevention Review Team Act.
10  (m) Information provided to the predatory lending 
11 database created pursuant to Article 3 of the Residential 
12 Real Property Disclosure Act, except to the extent 
13 authorized under that Article.
14  (n) Defense budgets and petitions for certification of 
15 compensation and expenses for court appointed trial 
16 counsel as provided under Sections 10 and 15 of the 
17 Capital Crimes Litigation Act (repealed). This subsection 
18 (n) shall apply until the conclusion of the trial of the 
19 case, even if the prosecution chooses not to pursue the 
20 death penalty prior to trial or sentencing.
21  (o) Information that is prohibited from being 
22 disclosed under Section 4 of the Illinois Health and 
23 Hazardous Substances Registry Act.
24  (p) Security portions of system safety program plans, 
25 investigation reports, surveys, schedules, lists, data, or 
26 information compiled, collected, or prepared by or for the 
 
 
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1 Department of Transportation under Sections 2705-300 and 
2 2705-616 of the Department of Transportation Law of the 
3 Civil Administrative Code of Illinois, the Regional 
4 Transportation Authority under Section 2.11 of the 
5 Regional Transportation Authority Act, or the St. Clair 
6 County Transit District under the Bi-State Transit Safety 
7 Act (repealed). 
8  (q) Information prohibited from being disclosed by the 
9 Personnel Record Review Act. 
10  (r) Information prohibited from being disclosed by the 
11 Illinois School Student Records Act. 
12  (s) Information the disclosure of which is restricted 
13 under Section 5-108 of the Public Utilities Act. 
14  (t) (Blank). 
15  (u) Records and information provided to an independent 
16 team of experts under the Developmental Disability and 
17 Mental Health Safety Act (also known as Brian's Law). 
18  (v) Names and information of people who have applied 
19 for or received Firearm Owner's Identification Cards under 
20 the Firearm Owners Identification Card Act before the 
21 effective date of this amendatory Act of the 103rd General 
22 Assembly or applied for or received a concealed carry 
23 license under the Firearm Concealed Carry Act, unless 
24 otherwise authorized by the Firearm Concealed Carry Act; 
25 and databases under the Firearm Concealed Carry Act, 
26 records of the Concealed Carry Licensing Review Board 
 
 
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1 under the Firearm Concealed Carry Act, and law enforcement 
2 agency objections under the Firearm Concealed Carry Act. 
3  (v-5) Records of the Firearm Owner's Identification 
4 Card Review Board that were are exempted from disclosure 
5 under Section 10 of the Firearm Owners Identification Card 
6 Act before the effective date of this amendatory Act of 
7 the 103rd General Assembly.
8  (w) Personally identifiable information which is 
9 exempted from disclosure under subsection (g) of Section 
10 19.1 of the Toll Highway Act.
11  (x) Information which is exempted from disclosure 
12 under Section 5-1014.3 of the Counties Code or Section 
13 8-11-21 of the Illinois Municipal Code. 
14  (y) Confidential information under the Adult 
15 Protective Services Act and its predecessor enabling 
16 statute, the Elder Abuse and Neglect Act, including 
17 information about the identity and administrative finding 
18 against any caregiver of a verified and substantiated 
19 decision of abuse, neglect, or financial exploitation of 
20 an eligible adult maintained in the Registry established 
21 under Section 7.5 of the Adult Protective Services Act. 
22  (z) Records and information provided to a fatality 
23 review team or the Illinois Fatality Review Team Advisory 
24 Council under Section 15 of the Adult Protective Services 
25 Act. 
26  (aa) Information which is exempted from disclosure 
 
 
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1 under Section 2.37 of the Wildlife Code. 
2  (bb) Information which is or was prohibited from 
3 disclosure by the Juvenile Court Act of 1987. 
4  (cc) Recordings made under the Law Enforcement 
5 Officer-Worn Body Camera Act, except to the extent 
6 authorized under that Act.
7  (dd) Information that is prohibited from being 
8 disclosed under Section 45 of the Condominium and Common 
9 Interest Community Ombudsperson Act. 
10  (ee) Information that is exempted from disclosure 
11 under Section 30.1 of the Pharmacy Practice Act. 
12  (ff) Information that is exempted from disclosure 
13 under the Revised Uniform Unclaimed Property Act. 
14  (gg) Information that is prohibited from being 
15 disclosed under Section 7-603.5 of the Illinois Vehicle 
16 Code. 
17  (hh) Records that are exempt from disclosure under 
18 Section 1A-16.7 of the Election Code. 
19  (ii) Information which is exempted from disclosure 
20 under Section 2505-800 of the Department of Revenue Law of 
21 the Civil Administrative Code of Illinois. 
22  (jj) Information and reports that are required to be 
23 submitted to the Department of Labor by registering day 
24 and temporary labor service agencies but are exempt from 
25 disclosure under subsection (a-1) of Section 45 of the Day 
26 and Temporary Labor Services Act. 
 
 
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1  (kk) Information prohibited from disclosure under the 
2 Seizure and Forfeiture Reporting Act. 
3  (ll) Information the disclosure of which is restricted 
4 and exempted under Section 5-30.8 of the Illinois Public 
5 Aid Code. 
6  (mm) Records that are exempt from disclosure under 
7 Section 4.2 of the Crime Victims Compensation Act. 
8  (nn) Information that is exempt from disclosure under 
9 Section 70 of the Higher Education Student Assistance Act. 
10  (oo) Communications, notes, records, and reports 
11 arising out of a peer support counseling session 
12 prohibited from disclosure under the First Responders 
13 Suicide Prevention Act. 
14  (pp) Names and all identifying information relating to 
15 an employee of an emergency services provider or law 
16 enforcement agency under the First Responders Suicide 
17 Prevention Act. 
18  (qq) Information and records held by the Department of 
19 Public Health and its authorized representatives collected 
20 under the Reproductive Health Act. 
21  (rr) Information that is exempt from disclosure under 
22 the Cannabis Regulation and Tax Act. 
23  (ss) Data reported by an employer to the Department of 
24 Human Rights pursuant to Section 2-108 of the Illinois 
25 Human Rights Act.
26  (tt) Recordings made under the Children's Advocacy 
 
 
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1 Center Act, except to the extent authorized under that 
2 Act. 
3  (uu) Information that is exempt from disclosure under 
4 Section 50 of the Sexual Assault Evidence Submission Act. 
5  (vv) Information that is exempt from disclosure under 
6 subsections (f) and (j) of Section 5-36 of the Illinois 
7 Public Aid Code. 
8  (ww) Information that is exempt from disclosure under 
9 Section 16.8 of the State Treasurer Act. 
10  (xx) Information that is exempt from disclosure or 
11 information that shall not be made public under the 
12 Illinois Insurance Code. 
13  (yy) Information prohibited from being disclosed under 
14 the Illinois Educational Labor Relations Act.
15  (zz) Information prohibited from being disclosed under 
16 the Illinois Public Labor Relations Act. 
17  (aaa) Information prohibited from being disclosed 
18 under Section 1-167 of the Illinois Pension Code. 
19  (bbb) Information that is prohibited from disclosure 
20 by the Illinois Police Training Act and the Illinois State 
21 Police Act. 
22  (ccc) Records exempt from disclosure under Section 
23 2605-304 of the Illinois State Police Law of the Civil 
24 Administrative Code of Illinois. 
25  (ddd) Information prohibited from being disclosed 
26 under Section 35 of the Address Confidentiality for 
 
 
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1 Victims of Domestic Violence, Sexual Assault, Human 
2 Trafficking, or Stalking Act. 
3  (eee) Information prohibited from being disclosed 
4 under subsection (b) of Section 75 of the Domestic 
5 Violence Fatality Review Act. 
6  (fff) Images from cameras under the Expressway Camera 
7 Act. This subsection (fff) is inoperative on and after 
8 July 1, 2025. 
9  (ggg) Information prohibited from disclosure under 
10 paragraph (3) of subsection (a) of Section 14 of the Nurse 
11 Agency Licensing Act. 
12  (hhh) Information submitted to the Illinois State 
13 Police in an affidavit or application for an assault 
14 weapon endorsement, assault weapon attachment endorsement, 
15 .50 caliber rifle endorsement, or .50 caliber cartridge 
16 endorsement under the Firearm Owners Identification Card 
17 Act. 
18  (iii) Data exempt from disclosure under Section 50 of 
19 the School Safety Drill Act. 
20  (jjj) (hhh) Information exempt from disclosure under 
21 Section 30 of the Insurance Data Security Law. 
22  (kkk) (iii) Confidential business information 
23 prohibited from disclosure under Section 45 of the Paint 
24 Stewardship Act. 
25  (lll) (iii) Data exempt from disclosure under Section 
26 2-3.196 of the School Code. 
 
 
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1  (mmm) (iii) Information prohibited from being 
2 disclosed under subsection (e) of Section 1-129 of the 
3 Illinois Power Agency Act. 
4(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22; 
5102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff. 
68-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22; 
7102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff. 
86-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372, 
9eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23; 
10103-580, eff. 12-8-23; revised 1-2-24.)

11 Section 15. The Illinois TRUST Act is amended by changing 
12Section 15 as follows:

13 (5 ILCS 805/15)
14 Sec. 15. Prohibition on enforcing federal civil 
15immigration laws.  
16 (a) A law enforcement agency or law enforcement official 
17shall not detain or continue to detain any individual solely 
18on the basis of any immigration detainer or civil immigration 
19warrant or otherwise comply with an immigration detainer or 
20civil immigration warrant.
21 (b) A law enforcement agency or law enforcement official 
22shall not stop, arrest, search, detain, or continue to detain 
23a person solely based on an individual's citizenship or 
24immigration status.
 
 
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1 (c) (Blank).
2 (d) A law enforcement agency or law enforcement official 
3acting in good faith in compliance with this Section who 
4releases a person subject to an immigration detainer or civil 
5immigration warrant shall have immunity from any civil or 
6criminal liability that might otherwise occur as a result of 
7making the release, with the exception of willful or wanton 
8misconduct.
9 (e) A law enforcement agency or law enforcement official 
10may not inquire about or investigate the citizenship or 
11immigration status or place of birth of any individual in the 
12agency or official's custody or who has otherwise been stopped 
13or detained by the agency or official. Nothing in this 
14subsection shall be construed to limit the ability of a law 
15enforcement agency or law enforcement official, pursuant to 
16State or federal law, to notify a person in the law enforcement 
17agency's custody about that person's right to communicate with 
18consular officers from that person's country of nationality, 
19or facilitate such communication, in accordance with the 
20Vienna Convention on Consular Relations or other bilateral 
21agreements. Nothing in this subsection shall be construed to 
22limit the ability of a law enforcement agency or law 
23enforcement official to request evidence of citizenship or 
24immigration status pursuant to the Firearm Owners 
25Identification Card Act, the Firearm Concealed Carry Act, 
26Article 24 of the Criminal Code of 2012, or 18 United States 
 
 
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1Code Sections 921 through 931.
2 (f) Unless otherwise limited by federal law, a law 
3enforcement agency or law enforcement official may not deny 
4services, benefits, privileges, or opportunities to an 
5individual in custody or under probation status, including, 
6but not limited to, eligibility for or placement in a lower 
7custody classification, educational, rehabilitative, or 
8diversionary programs, on the basis of the individual's 
9citizenship or immigration status, the issuance of an 
10immigration detainer or civil immigration warrant against the 
11individual, or the individual being in immigration removal 
12proceedings.
13 (g)(1) No law enforcement agency, law enforcement 
14official, or any unit of State or local government may enter 
15into or renew any contract, intergovernmental service 
16agreement, or any other agreement to house or detain 
17individuals for federal civil immigration violations.
18 (2) Any law enforcement agency, law enforcement official, 
19or unit of State or local government with an existing 
20contract, intergovernmental agreement, or other agreement, 
21whether in whole or in part, that is utilized to house or 
22detain individuals for civil immigration violations shall 
23exercise the termination provision in the agreement as applied 
24to housing or detaining individuals for civil immigration 
25violations no later than January 1, 2022.
26 (h) Unless presented with a federal criminal warrant, or 
 
 
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1otherwise required by federal law, a law enforcement agency or 
2official may not:
3  (1) participate, support, or assist in any capacity 
4 with an immigration agent's enforcement operations, 
5 including any collateral assistance such as coordinating 
6 an arrest in a courthouse or other public facility, 
7 providing use of any equipment, transporting any 
8 individuals, or establishing a security or traffic 
9 perimeter surrounding such operations, or any other 
10 on-site support;
11  (2) give any immigration agent access, including by 
12 telephone, to any individual who is in that agency's 
13 custody;
14  (3) transfer any person into an immigration agent's 
15 custody;
16  (4) permit immigration agents use of agency facilities 
17 or equipment, including any agency electronic databases 
18 not available to the public, for investigative interviews 
19 or other investigative or immigration enforcement purpose;
20  (5) enter into or maintain any agreement regarding 
21 direct access to any electronic database or other 
22 data-sharing platform maintained by any law enforcement 
23 agency, or otherwise provide such direct access to the 
24 U.S. Immigration and Customs Enforcement, United States 
25 Customs and Border Protection or any other federal entity 
26 enforcing civil immigration violations;
 
 
HB5199- 32 -LRB103 38448 RLC 68584 b


1  (6) provide information in response to any immigration 
2 agent's inquiry or request for information regarding any 
3 individual in the agency's custody; or
4  (7) provide to any immigration agent information not 
5 otherwise available to the public relating to an 
6 individual's release or contact information, or otherwise 
7 facilitate for an immigration agent to apprehend or 
8 question an individual for immigration enforcement.
9 (i) Nothing in this Section shall preclude a law 
10enforcement official from otherwise executing that official's 
11duties in investigating violations of criminal law and 
12cooperating in such investigations with federal and other law 
13enforcement agencies (including criminal investigations 
14conducted by federal Homeland Security Investigations (HSI)) 
15in order to ensure public safety. 
16(Source: P.A. 102-234, eff. 8-2-21; 103-154, eff. 6-30-23.)

17 Section 20. The Gun Trafficking Information Act is amended 
18by changing Section 10-5 as follows:

19 (5 ILCS 830/10-5)
20 Sec. 10-5. Gun trafficking information. 
21 (a) The Illinois State Police shall use all reasonable 
22efforts, as allowed by State law and regulations, federal law 
23and regulations, and executed Memoranda of Understanding 
24between Illinois law enforcement agencies and the U.S. Bureau 
 
 
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1of Alcohol, Tobacco, Firearms and Explosives, in making 
2publicly available, on a regular and ongoing basis, key 
3information related to firearms used in the commission of 
4crimes in this State, including, but not limited to: reports 
5on crimes committed with firearms, locations where the crimes 
6occurred, the number of persons killed or injured in the 
7commission of the crimes, the state where the firearms used 
8originated, the Federal Firearms Licensee that sold the 
9firearm, the type of firearms used, if known, annual 
10statistical information concerning Firearm Owner's 
11Identification Card and concealed carry license applications, 
12revocations, and compliance with Section 9.5 of the Firearm 
13Owners Identification Card Act, the information required in 
14the report or on the Illinois State Police's website under 
15Section 85 of the Firearms Restraining Order Act, and firearm 
16dealer license certification inspections. The Illinois State 
17Police shall make the information available on its website, 
18which may be presented in a dashboard format, in addition to 
19electronically filing a report with the Governor and the 
20General Assembly. The report to the General Assembly shall be 
21filed with the Clerk of the House of Representatives and the 
22Secretary of the Senate in electronic form only, in the manner 
23that the Clerk and the Secretary shall direct. 
24 (b) (Blank). The Illinois State Police shall study, on a 
25regular and ongoing basis, and compile reports on the number 
26of Firearm Owner's Identification Card checks to determine 
 
 
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1firearms trafficking or straw purchase patterns. The Illinois 
2State Police shall, to the extent not inconsistent with law, 
3share such reports and underlying data with academic centers, 
4foundations, and law enforcement agencies studying firearms 
5trafficking, provided that personally identifying information 
6is protected. For purposes of this subsection (b), a Firearm 
7Owner's Identification Card number is not personally 
8identifying information, provided that no other personal 
9information of the card holder is attached to the record. The 
10Illinois State Police may create and attach an alternate 
11unique identifying number to each Firearm Owner's 
12Identification Card number, instead of releasing the Firearm 
13Owner's Identification Card number itself.
14 (c) Each department, office, division, and agency of this 
15State shall, to the extent not inconsistent with law, 
16cooperate fully with the Illinois State Police and furnish the 
17Illinois State Police with all relevant information and 
18assistance on a timely basis as is necessary to accomplish the 
19purpose of this Act. The Illinois Criminal Justice Information 
20Authority shall submit the information required in subsection 
21(a) of this Section to the Illinois State Police, and any other 
22information as the Illinois State Police may request, to 
23assist the Illinois State Police in carrying out its duties 
24under this Act.
25(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
26102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)

 
 
HB5199- 35 -LRB103 38448 RLC 68584 b


1 Section 25. The First Responders Suicide Prevention Act is 
2amended by changing Section 40 as follows:

3 (5 ILCS 840/40)
4 Sec. 40. Task Force recommendations.
5 (a) Task Force members shall recommend that agencies and 
6organizations guarantee access to mental health and wellness 
7services, including, but not limited to, peer support programs 
8and providing ongoing education related to the ever-evolving 
9concept of mental health wellness. These recommendations could 
10be accomplished by:
11  (1) Revising agencies' and organizations' employee 
12 assistance programs (EAPs).
13  (2) Urging health care providers to replace outdated 
14 healthcare plans and include more progressive options 
15 catering to the needs and disproportionate risks 
16 shouldered by our first responders.
17  (3) Allocating funding or resources for public service 
18 announcements (PSA) and messaging campaigns aimed at 
19 raising awareness of available assistance options.
20  (4) Encouraging agencies and organizations to attach 
21 lists of all available resources to training manuals and 
22 continuing education requirements. 
23 (b) Task Force members shall recommend agencies and 
24organizations sponsor or facilitate first responders with 
 
 
HB5199- 36 -LRB103 38448 RLC 68584 b


1specialized training in the areas of psychological fitness, 
2depressive disorders, early detection, and mitigation best 
3practices. Such trainings could be accomplished by:
4  (1) Assigning, appointing, or designating one member 
5 of an agency or organization to attend specialized 
6 training(s) sponsored by an accredited agency, 
7 association, or organization recognized in their fields of 
8 study.
9  (2) Seeking sponsorships or conducting fund-raisers, 
10 to host annual or semiannual on-site visits from qualified 
11 clinicians or physicians to provide early detection 
12 training techniques, or to provide regular access to 
13 mental health professionals.
14  (3) Requiring a minimum number of hours of disorders 
15 and wellness training be incorporated into reoccurring, 
16 annual or biannual training standards, examinations, and 
17 curriculums, taking into close consideration respective 
18 agency or organization size, frequency, and number of all 
19 current federal and state mandatory examinations and 
20 trainings expected respectively.
21  (4) Not underestimating the crucial importance of a 
22 balanced diet, sleep, mindfulness-based stress reduction 
23 techniques, moderate and vigorous intensity activities, 
24 and recreational hobbies, which have been scientifically 
25 proven to play a major role in brain health and mental 
26 wellness. 
 
 
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1 (c) Task Force members shall recommend that administrators 
2and leadership personnel solicit training services from 
3evidence-based, data driven organizations. Organizations with 
4personnel trained on the analytical review and interpretation 
5of specific fields related to the nature of first responders' 
6exploits, such as PTSD, substance abuse, chronic state of 
7duress. Task Force members shall further recommend funding for 
8expansion and messaging campaigns of preliminary 
9self-diagnosing technologies like the one described above. 
10These objectives could be met by:
11  (1) Contacting an accredited agency, association, or 
12 organization recognized in the field or fields of specific 
13 study. Unbeknownst to the majority, many of the agencies 
14 and organizations listed above receive grants and 
15 allocations to assist communities with the very issues 
16 being discussed in this Section.
17  (2) Normalizing help-seeking behaviors for both first 
18 responders and their families through regular messaging 
19 and peer support outreach, beginning with academy 
20 curricula and continuing education throughout individuals' 
21 careers.
22  (3) Funding and implementing PSA campaigns that 
23 provide clear and concise calls to action about mental 
24 health and wellness, resiliency, help-seeking, treatment, 
25 and recovery.
26  (4) Promoting and raising awareness of not-for-profit 
 
 
HB5199- 38 -LRB103 38448 RLC 68584 b


1 organizations currently available to assist individuals in 
2 search of care and treatment. Organizations have intuitive 
3 user-friendly sites, most of which have mobile 
4 applications, so first responders can access at a moment's 
5 notice. However, because of limited funds, these 
6 organizations have a challenging time of getting the word 
7 out there about their existence.
8  (5) Expanding Family and Medical Leave Act protections 
9 for individuals voluntarily seeking preventative 
10 treatment.
11  (6) Promoting and ensuring complete patient 
12 confidentiality protections. 
13 (d) Task Force members shall recommend that agencies and 
14organizations incorporate the following training components 
15into already existing modules and educational curriculums. 
16Doing so could be done by:
17  (1) Bolstering academy and school curricula by 
18 requiring depressive disorder training catered to PTSD, 
19 substance abuse, and early detection techniques training, 
20 taking into close consideration respective agency or 
21 organization size, and the frequency and number of all 
22 current federal and state mandatory examinations and 
23 trainings expected respectively.
24  (2) Continuing to allocate or match federal and state 
25 funds to maintain Mobile Training Units (MTUs). 
26  (3) Incorporating a state certificate for peer support 
 
 
HB5199- 39 -LRB103 38448 RLC 68584 b


1 training into already existing exiting statewide 
2 curriculums and mandatory examinations, annual State Fire 
3 Marshal examinations, and physical fitness examinations. 
4 The subject matter of the certificate should have an 
5 emphasis on mental health and wellness, as well as 
6 familiarization with topics ranging from clinical social 
7 work, clinical psychology, clinical behaviorist, and 
8 clinical psychiatry.
9  (4) Incorporating and performing statewide mental 
10 health check-ins during the same times as already mandated 
11 trainings. These checks are not to be compared or used as 
12 measures of fitness for duty evaluations or structured 
13 psychological examinations.
14  (5) Recommending comprehensive and evidence-based 
15 training on the importance of preventative measures on the 
16 topics of sleep, nutrition, mindfulness, and physical 
17 movement.
18  (6) (Blank). Law enforcement agencies should provide 
19 training on the Firearm Owner's Identification Card Act, 
20 including seeking relief from the Illinois State Police 
21 under Section 10 of the Firearm Owners Identification Card 
22 Act and a FOID card being a continued condition of 
23 employment under Section 7.2 of the Uniform Peace 
24 Officers' Disciplinary Act. 
25(Source: P.A. 102-352, eff. 6-1-22; 103-154, eff. 6-30-23; 
26revised 1-20-24.)

 
 
HB5199- 40 -LRB103 38448 RLC 68584 b


1 Section 30. The Department of Natural Resources 
2(Conservation) Law of the Civil Administrative Code of 
3Illinois is amended by changing Section 805-538 as follows:

4 (20 ILCS 805/805-538)
5 Sec. 805-538. Retiring officer; purchase of service 
6firearm and police badge. The Director of Natural Resources 
7shall establish a program to allow a Conservation Police 
8Officer who is honorably retiring in good standing to purchase 
9either one or both of the following: (1) any Department of 
10Natural Resources police badge previously issued to that 
11officer; or (2) if the officer has a currently valid Firearm 
12Owner's Identification Card, the service firearm issued or 
13previously issued to the officer by the Department of Natural 
14Resources. The cost of the firearm shall be the replacement 
15value of the firearm and not the firearm's fair market value.
16(Source: P.A. 100-931, eff. 8-17-18.)

17 Section 35. The Department of Revenue Law of the Civil 
18Administrative Code of Illinois is amended by changing Section 
192505-306 as follows:

20 (20 ILCS 2505/2505-306)
21 Sec. 2505-306. Retiring investigators; purchase of service 
22firearm and badge. The Director shall establish a program to 
 
 
HB5199- 41 -LRB103 38448 RLC 68584 b


1allow a Department investigator who is honorably retiring in 
2good standing to purchase either one or both of the following: 
3(1) any badge previously issued to the investigator by the 
4Department; or (2) if the investigator has a currently valid 
5Firearm Owner's Identification Card, the service firearm 
6issued or previously issued to the investigator by the 
7Department. The cost of the firearm shall be the replacement 
8value of the firearm and not the firearm's fair market value.
9(Source: P.A. 102-719, eff. 5-6-22.)

10 Section 40. The Illinois State Police Law of the Civil 
11Administrative Code of Illinois is amended by changing 
12Sections 2605-10, 2605-45, 2605-200, 2605-595, and 2605-605 as 
13follows:

14 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
15 Sec. 2605-10. Powers and duties, generally. 
16 (a) The Illinois State Police shall exercise the rights, 
17powers, and duties that have been vested in the Illinois State 
18Police by the following:
19  The Illinois State Police Act.
20  The Illinois State Police Radio Act.
21  The Criminal Identification Act.
22  The Illinois Vehicle Code.
23  The Firearm Owners Identification Card Act.
24  The Firearm Concealed Carry Act.
 
 
HB5199- 42 -LRB103 38448 RLC 68584 b


1  The Firearm Dealer License Certification Act.
2  The Intergovernmental Missing Child Recovery Act of 
3 1984.
4  The Intergovernmental Drug Laws Enforcement Act.
5  The Narcotic Control Division Abolition Act.
6  The Illinois Uniform Conviction Information Act.
7  The Murderer and Violent Offender Against Youth 
8 Registration Act. 
9 (b) The Illinois State Police shall have the powers and 
10duties set forth in the following Sections.
11 (c) The Illinois State Police shall exercise the rights, 
12powers, and duties vested in the Illinois State Police to 
13implement the following protective service functions for State 
14facilities, State officials, and State employees serving in 
15their official capacity: 
16  (1) Utilize subject matter expertise and law 
17 enforcement authority to strengthen the protection of 
18 State government facilities, State employees, State 
19 officials, and State critical infrastructure. 
20  (2) Coordinate State, federal, and local law 
21 enforcement activities involving the protection of State 
22 facilities, officials, and employees. 
23  (3) Conduct investigations of criminal threats to 
24 State facilities, State critical infrastructure, State 
25 officials, and State employees. 
26  (4) Train State officials and employees in personal 
 
 
HB5199- 43 -LRB103 38448 RLC 68584 b


1 protection, crime prevention, facility occupant emergency 
2 planning, and incident management. 
3  (5) Establish standard protocols for prevention and 
4 response to criminal threats to State facilities, State 
5 officials, State employees, and State critical 
6 infrastructure and standard protocols for reporting of 
7 suspicious activities. 
8  (6) Establish minimum operational standards, 
9 qualifications, training, and compliance requirements for 
10 State employees and contractors engaged in the protection 
11 of State facilities and employees. 
12  (7) At the request of departments or agencies of State 
13 government, conduct security assessments, including, but 
14 not limited to, examination of alarm systems, cameras 
15 systems, access points, personnel readiness, and emergency 
16 protocols based on risk and need. 
17  (8) Oversee the planning and implementation of 
18 security and law enforcement activities necessary for the 
19 protection of major, multi-jurisdictional events 
20 implicating potential criminal threats to State officials, 
21 State employees, or State-owned, State-leased, or 
22 State-operated critical infrastructure or facilities. 
23  (9) Oversee and direct the planning and implementation 
24 of security and law enforcement activities by the 
25 departments and agencies of the State necessary for the 
26 protection of State employees, State officials, and 
 
 
HB5199- 44 -LRB103 38448 RLC 68584 b


1 State-owned, State-leased, or State-operated critical 
2 infrastructure or facilities from criminal activity. 
3  (10) Advise the Governor and Homeland Security Advisor 
4 on any matters necessary for the effective protection of 
5 State facilities, critical infrastructure, officials, and 
6 employees from criminal threats. 
7  (11) Utilize intergovernmental agreements and 
8 administrative rules as needed for the effective, 
9 efficient implementation of law enforcement and support 
10 activities necessary for the protection of State 
11 facilities, State infrastructure, State employees, and, 
12 upon the express written consent of State constitutional 
13 officials, State constitutional officials. 
14(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24; 
15103-564, eff. 11-17-23.)

16 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
17 Sec. 2605-45. Division of Justice Services. The Division 
18of Justice Services shall provide administrative and technical 
19services and support to the Illinois State Police, criminal 
20justice agencies, and the public and shall exercise the 
21following functions:
22  (1) Operate and maintain the Law Enforcement Agencies 
23 Data System (LEADS), a statewide, computerized 
24 telecommunications system designed to provide services, 
25 information, and capabilities to the law enforcement and 
 
 
HB5199- 45 -LRB103 38448 RLC 68584 b


1 criminal justice community in the State of Illinois. The 
2 Director is responsible for establishing policy, 
3 procedures, and regulations consistent with State and 
4 federal rules, policies, and law by which LEADS operates. 
5 The Director shall designate a statewide LEADS 
6 Administrator for management of the system. The Director 
7 may appoint a LEADS Advisory Policy Board to reflect the 
8 needs and desires of the law enforcement and criminal 
9 justice community and to make recommendations concerning 
10 policies and procedures.
11  (2) Pursue research and the publication of studies 
12 pertaining to local law enforcement activities.
13  (3) Serve as the State's point of contact for the 
14 Federal Bureau of Investigation's Uniform Crime Reporting 
15 Program and National Incident-Based Reporting System.
16  (4) Operate an electronic data processing and computer 
17 center for the storage and retrieval of data pertaining to 
18 criminal activity.
19  (5) Exercise the rights, powers, and duties vested in 
20 the Illinois State Police by the Cannabis Regulation and 
21 Tax Act and the Compassionate Use of Medical Cannabis 
22 Program Act.
23  (6) (Blank).
24  (6.5) Exercise the rights, powers, and duties vested 
25 in the Illinois State Police by the Firearm Owners 
26 Identification Card Act, the Firearm Concealed Carry Act, 
 
 
HB5199- 46 -LRB103 38448 RLC 68584 b


1 the Firearm Transfer Inquiry Program, the prohibited 
2 persons portal under Section 2605-304, and the Firearm 
3 Dealer License Certification Act.
4  (7) Exercise other duties that may be assigned by the 
5 Director to fulfill the responsibilities and achieve the 
6 purposes of the Illinois State Police.
7  (8) Exercise the rights, powers, and duties vested by 
8 law in the Illinois State Police by the Criminal 
9 Identification Act and the Illinois Uniform Conviction 
10 Information Act. 
11  (9) Exercise the powers and perform the duties that 
12 have been vested in the Illinois State Police by the 
13 Murderer and Violent Offender Against Youth Registration 
14 Act, the Sex Offender Registration Act, and the Sex 
15 Offender Community Notification Law and adopt reasonable 
16 rules necessitated thereby. 
17  (10) Serve as the State central repository for 
18 criminal history record information.
19  (11) Share all necessary information with the 
20 Concealed Carry Licensing Review Board and the Firearms 
21 Owner's Identification Card Review Board necessary for the 
22 execution of their duties. 
23(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)

24 (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
25 Sec. 2605-200. Investigations of crime; enforcement of 
 
 
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1laws; records; crime laboratories; personnel. 
2 (a) To do the following:
3  (1) Investigate the origins, activities, personnel, 
4 and incidents of crime and the ways and means to redress 
5 the victims of crimes; study the impact, if any, of 
6 legislation relative to the effusion of crime and growing 
7 crime rates; and enforce the criminal laws of this State 
8 related thereto.
9  (2) Enforce all laws regulating the production, sale, 
10 prescribing, manufacturing, administering, transporting, 
11 having in possession, dispensing, delivering, 
12 distributing, or use of controlled substances and 
13 cannabis.
14  (3) Employ skilled experts, scientists, technicians, 
15 investigators, or otherwise specially qualified persons to 
16 aid in preventing or detecting crime, apprehending 
17 criminals, or preparing and presenting evidence of 
18 violations of the criminal laws of the State.
19  (4) Cooperate with the police of cities, villages, and 
20 incorporated towns and with the police officers of any 
21 county in enforcing the laws of the State and in making 
22 arrests and recovering property.
23  (5) Apprehend and deliver up any person charged in 
24 this State or any other state of the United States with 
25 treason or a felony or other crime who has fled from 
26 justice and is found in this State.
 
 
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1  (6) Conduct other investigations as provided by law.
2  (7) Be a central repository and custodian of criminal 
3 statistics for the State.
4  (8) Be a central repository for criminal history 
5 record information.
6  (9) Procure and file for record information that is 
7 necessary and helpful to plan programs of crime 
8 prevention, law enforcement, and criminal justice.
9  (10) Procure and file for record copies of 
10 fingerprints that may be required by law.
11  (11) Establish general and field crime laboratories.
12  (12) Register and file for record information that may 
13 be required by law for the issuance of firearm owner's 
14 identification cards under the Firearm Owners 
15 Identification Card Act and concealed carry licenses under 
16 the Firearm Concealed Carry Act.
17  (13) Employ laboratory technicians and other specially 
18 qualified persons to aid in the identification of criminal 
19 activity and the identification, collection, and recovery 
20 of cyber forensics, including, but not limited to, digital 
21 evidence, and may employ polygraph operators and forensic 
22 anthropologists.
23  (14) Undertake other identification, information, 
24 laboratory, statistical, or registration activities that 
25 may be required by law.
26 (b) Persons exercising the powers set forth in subsection 
 
 
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1(a) within the Illinois State Police are conservators of the 
2peace and as such have all the powers possessed by policemen in 
3cities and sheriffs, except that they may exercise those 
4powers anywhere in the State in cooperation with and after 
5contact with the local law enforcement officials. Those 
6persons may use false or fictitious names in the performance 
7of their duties under this Section, upon approval of the 
8Director, and shall not be subject to prosecution under the 
9criminal laws for that use.
10(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)

11 (20 ILCS 2605/2605-595)
12 Sec. 2605-595. State Police Firearm Services Fund.
13 (a) There is created in the State treasury a special fund 
14known as the State Police Firearm Services Fund. The Fund 
15shall receive revenue under the Firearm Concealed Carry Act 
16and , the Firearm Dealer License Certification Act, and 
17Section 5 of the Firearm Owners Identification Card Act. The 
18Fund may also receive revenue from grants, pass-through 
19grants, donations, appropriations, and any other legal source.
20 (a-5) (Blank). 
21 (b) The Illinois State Police may use moneys in the Fund to 
22finance any of its lawful purposes, mandates, functions, and 
23duties under the Firearm Owners Identification Card Act, the 
24Firearm Dealer License Certification Act, and the Firearm 
25Concealed Carry Act, including the cost of sending notices of 
 
 
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1expiration of Firearm Owner's Identification Cards, concealed 
2carry licenses, the prompt and efficient processing of 
3applications under the Firearm Owners Identification Card Act 
4and the Firearm Concealed Carry Act, the improved efficiency 
5and reporting of the LEADS and federal NICS law enforcement 
6data systems, and support for investigations required under 
7these Acts and law. Any surplus funds beyond what is needed to 
8comply with the aforementioned purposes shall be used by the 
9Illinois State Police to improve the Law Enforcement Agencies 
10Data System (LEADS) and criminal history background check 
11system. 
12 (c) Investment income that is attributable to the 
13investment of moneys in the Fund shall be retained in the Fund 
14for the uses specified in this Section. 
15(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21; 
16103-363, eff. 7-28-23.)

17 (20 ILCS 2605/2605-605)
18 Sec. 2605-605. Violent Crime Intelligence Task Force. The 
19Director of the Illinois State Police shall establish a 
20statewide multi-jurisdictional Violent Crime Intelligence Task 
21Force led by the Illinois State Police dedicated to combating 
22gun violence, gun-trafficking, and other violent crime with 
23the primary mission of preservation of life and reducing the 
24occurrence and the fear of crime. The objectives of the Task 
25Force shall include, but not be limited to, reducing and 
 
 
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1preventing illegal possession and use of firearms, 
2firearm-related homicides, and other violent crimes, and 
3solving firearm-related crimes. 
4 (1) The Task Force may develop and acquire information, 
5training, tools, and resources necessary to implement a 
6data-driven approach to policing, with an emphasis on 
7intelligence development.
8 (2) The Task Force may utilize information sharing, 
9partnerships, crime analysis, and evidence-based practices to 
10assist in the reduction of firearm-related shootings, 
11homicides, and gun-trafficking, including, but not limited to, 
12ballistic data, eTrace data, DNA evidence, latent 
13fingerprints, firearm training data, and National Integrated 
14Ballistic Information Network (NIBIN) data. The Task Force may 
15design a model crime gun intelligence strategy which may 
16include, but is not limited to, comprehensive collection and 
17documentation of all ballistic evidence, timely transfer of 
18NIBIN and eTrace leads to an intelligence center, which may 
19include the Division of Criminal Investigation of the Illinois 
20State Police, timely dissemination of intelligence to 
21investigators, investigative follow-up, and coordinated 
22prosecution.
23 (3) The Task Force may recognize and utilize best 
24practices of community policing and may develop potential 
25partnerships with faith-based and community organizations to 
26achieve its goals.
 
 
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1 (4) The Task Force may identify and utilize best practices 
2in drug-diversion programs and other community-based services 
3to redirect low-level offenders.
4 (5) The Task Force may assist in violence suppression 
5strategies including, but not limited to, details in 
6identified locations that have shown to be the most prone to 
7gun violence and violent crime, focused deterrence against 
8violent gangs and groups considered responsible for the 
9violence in communities, and other intelligence driven methods 
10deemed necessary to interrupt cycles of violence or prevent 
11retaliation.
12 (6) In consultation with the Chief Procurement Officer, 
13the Illinois State Police may obtain contracts for software, 
14commodities, resources, and equipment to assist the Task Force 
15with achieving this Act. Any contracts necessary to support 
16the delivery of necessary software, commodities, resources, 
17and equipment are not subject to the Illinois Procurement 
18Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and 
19Article 50 of that Code, provided that the Chief Procurement 
20Officer may, in writing with justification, waive any 
21certification required under Article 50 of the Illinois 
22Procurement Code.
23 (7) (Blank). The Task Force shall conduct enforcement 
24operations against persons whose Firearm Owner's 
25Identification Cards have been revoked or suspended and 
26persons who fail to comply with the requirements of Section 
 
 
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19.5 of the Firearm Owners Identification Card Act, 
2prioritizing individuals presenting a clear and present danger 
3to themselves or to others under paragraph (2) of subsection 
4(d) of Section 8.1 of the Firearm Owners Identification Card 
5Act.
6 (8) The Task Force shall collaborate with local law 
7enforcement agencies to enforce provisions of the Firearm 
8Owners Identification Card Act, the Firearm Concealed Carry 
9Act, the Firearm Dealer License Certification Act, and Article 
1024 of the Criminal Code of 2012.
11 (9) To implement this Section, the Director of the 
12Illinois State Police may establish intergovernmental 
13agreements with law enforcement agencies in accordance with 
14the Intergovernmental Cooperation Act.
15 (10) Law enforcement agencies that participate in 
16activities described in paragraphs (7) through (9) may apply 
17to the Illinois State Police for grants from the State Police 
18Revocation Enforcement Fund. 
19(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
20102-813, eff. 5-13-22.)

21 (20 ILCS 2605/2605-304 rep.)
22 (20 ILCS 2605/2605-610 rep.)
23 Section 45. The Illinois State Police Law of the Civil 
24Administrative Code of Illinois is amended by repealing 
25Sections 2605-304 and 2605-610.

 
 
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1 Section 50. The Illinois State Police Act is amended by 
2changing Section 17b as follows:

3 (20 ILCS 2610/17b)
4 Sec. 17b. Retiring officer; purchase of service firearm 
5and police badge. The Director of the Illinois State Police 
6shall establish a policy to allow a State Police officer who is 
7honorably retiring or separating in good standing to purchase 
8either one or both of the following: (i) any State Police badge 
9previously issued to that officer; or (ii) if the officer has a 
10currently valid Firearm Owner's Identification Card, the 
11service firearm issued or previously issued to the officer by 
12the Illinois State Police. The cost of the firearm purchased 
13shall be the replacement value of the firearm and not the 
14firearm's fair market value.
15(Source: P.A. 102-538, eff. 8-20-21.)

16 Section 55. The Criminal Identification Act is amended by 
17changing Section 2.2 as follows:

18 (20 ILCS 2630/2.2)
19 Sec. 2.2. Notification to the Illinois State Police. Upon 
20judgment of conviction of a violation of Section 12-1, 12-2, 
2112-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or 
22the Criminal Code of 2012 when the defendant has been 
 
 
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1determined, pursuant to Section 112A-11.1 of the Code of 
2Criminal Procedure of 1963, to be subject to the prohibitions 
3of 18 U.S.C. 922(g)(9), the circuit court clerk shall include 
4notification and a copy of the written determination in a 
5report of the conviction to the Illinois State Police Firearm 
6Owner's Identification Card Office to enable the Illinois 
7State Police office to perform its duties under the Firearm 
8Concealed Carry Act and Sections 4 and 8 of the Firearm Owners 
9Identification Card Act and to report that determination to 
10the Federal Bureau of Investigation to assist the Federal 
11Bureau of Investigation in identifying persons prohibited from 
12purchasing and possessing a firearm pursuant to the provisions 
13of 18 U.S.C. 922. The written determination described in this 
14Section shall be included in the defendant's record of arrest 
15and conviction in the manner and form prescribed by the 
16Illinois State Police. 
17(Source: P.A. 102-538, eff. 8-20-21.)

18 Section 60. The Peace Officer Fire Investigation Act is 
19amended by changing Section 1 as follows:

20 (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)
21 Sec. 1. Peace officer status. 
22 (a) Any person who is a sworn member of any organized and 
23paid fire department of a political subdivision of this State 
24and is authorized to investigate fires or explosions for such 
 
 
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1political subdivision and to determine the cause, origin and 
2circumstances of fires or explosions that are suspected to be 
3arson or arson-related crimes, may be classified as a peace 
4officer by the political subdivision or agency employing such 
5person. A person so classified shall possess the same powers 
6of arrest, search and seizure and the securing and service of 
7warrants as sheriffs of counties, and police officers within 
8the jurisdiction of their political subdivision. While in the 
9actual investigation and matters incident thereto, such person 
10may carry weapons as may be necessary, but only if that person 
11has satisfactorily completed (1) a training program offered or 
12approved by the Illinois Law Enforcement Training Standards 
13Board which substantially conforms to standards promulgated 
14pursuant to the Illinois Police Training Act and the Peace 
15Officer and Probation Officer Firearm Training Act; and (2) a 
16course in fire and arson investigation approved by the Office 
17of the State Fire Marshal pursuant to the Illinois Fire 
18Protection Training Act. Such training need not include 
19exposure to vehicle and traffic law, traffic control and crash 
20investigation, or first aid, but shall include training in the 
21law relating to the rights of persons suspected of involvement 
22in criminal activities.
23 Any person granted the powers enumerated in this 
24subsection (a) may exercise such powers only during the actual 
25investigation of the cause, origin and circumstances of such 
26fires or explosions that are suspected to be arson or 
 
 
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1arson-related crimes.
2 (b) Persons employed by the Office of the State Fire 
3Marshal to conduct arson investigations shall be designated 
4State Fire Marshal Arson Investigator Special Agents and shall 
5be peace officers with all of the powers of peace officers in 
6cities and sheriffs in counties, except that they may exercise 
7those powers throughout the State. These Special Agents may 
8exercise these powers only when engaging in official duties 
9during the actual investigation of the cause, origin, and 
10circumstances of such fires or explosions that are suspected 
11to be arson or arson-related crimes and may carry weapons at 
12all times, but only if they have satisfactorily completed (1) 
13a training course approved by the Illinois Law Enforcement 
14Training Standards Board that substantially conforms to the 
15standards promulgated pursuant to the Peace Officer and 
16Probation Officer Firearm Training Act and (2) a course in 
17fire and arson investigation approved by the Office of the 
18State Fire Marshal pursuant to the Illinois Fire Protection 
19Training Act. Such training need not include exposure to 
20vehicle and traffic law, traffic control and crash 
21investigation, or first aid, but shall include training in the 
22law relating to the rights of persons suspected of involvement 
23in criminal activities.
24 For purposes of this subsection (b), a "State Fire Marshal 
25Arson Investigator Special Agent" does not include any fire 
26investigator, fireman, police officer, or other employee of 
 
 
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1the federal government; any fire investigator, fireman, police 
2officer, or other employee of any unit of local government; or 
3any fire investigator, fireman, police officer, or other 
4employee of the State of Illinois other than an employee of the 
5Office of the State Fire Marshal assigned to investigate 
6arson. 
7 The State Fire Marshal must authorize to each employee of 
8the Office of the State Fire Marshal who is exercising the 
9powers of a peace officer a distinct badge that, on its face, 
10(i) clearly states that the badge is authorized by the Office 
11of the State Fire Marshal and (ii) contains a unique 
12identifying number. No other badge shall be authorized by the 
13Office of the State Fire Marshal, except that a badge, 
14different from the badge issued to peace officers, may be 
15authorized by the Office of the State Fire Marshal for the use 
16of fire prevention inspectors employed by that Office. Nothing 
17in this subsection prohibits the State Fire Marshal from 
18issuing shields or other distinctive identification to 
19employees not exercising the powers of a peace officer if the 
20State Fire Marshal determines that a shield or distinctive 
21identification is needed by the employee to carry out his or 
22her responsibilities.
23 (c) The Office of the State Fire Marshal shall establish a 
24policy to allow a State Fire Marshal Arson Investigator 
25Special Agent who is honorably retiring or separating in good 
26standing to purchase either one or both of the following: (i) 
 
 
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1any badge previously issued to that State Fire Marshal Arson 
2Investigator Special Agent; or (ii) if the State Fire Marshal 
3Arson Investigator Special Agent has a currently valid Firearm 
4Owner's Identification Card, the service firearm issued or 
5previously issued to the State Fire Marshal Arson Investigator 
6Special Agent by the Office of the State Fire Marshal. The cost 
7of the firearm purchased shall be the replacement value of the 
8firearm and not the firearm's fair market value. All funds 
9received by the agency under this program shall be deposited 
10into the Fire Prevention Fund. 
11(Source: P.A. 102-982, eff. 7-1-23.)

12 Section 65. The Illinois Criminal Justice Information Act 
13is amended by changing Section 7.9 as follows:

14 (20 ILCS 3930/7.9)
15 (Section scheduled to be repealed on July 1, 2027)
16 Sec. 7.9. Firearm Prohibitors and Records Improvement Task 
17Force.
18 (a) As used in this Section, "firearms prohibitor" means 
19any factor listed in Section 4 of the Firearm Owners 
20Identification Card Act or Section 24-3 or 24-3.1 of the 
21Criminal Code of 2012 that prohibits a person from 
22transferring or possessing a firearm, firearm ammunition, 
23Firearm Owner's Identification Card, or concealed carry 
24license. 
 
 
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1 (b) The Firearm Prohibitors and Records Improvement Task 
2Force is created to identify and research all available 
3grants, resources, and revenue that may be applied for and 
4used by all entities responsible for reporting federal and 
5State firearm prohibitors to the Illinois State Police and the 
6National Instant Criminal Background Check System. These Under 
7the Firearm Owners Identification Card Act, these reporting 
8entities include, but are not limited to, hospitals, courts, 
9law enforcement and corrections. The Task Force shall identify 
10weaknesses in reporting and recommend a strategy to direct 
11resources and revenue to ensuring reporting is reliable, 
12accurate, and timely. The Task Force shall inventory all 
13statutorily mandated firearm and gun violence related data 
14collection and reporting requirements, along with the agency 
15responsible for collecting that data, and identify gaps in 
16those requirements. The Task Force shall submit a coordinated 
17application with and through the Illinois Criminal Justice 
18Information Authority for federal funds from the National 
19Criminal History Improvement Program and the NICS Acts Record 
20Improvement Program. The Firearm Prohibitors and Records 
21Improvement Task Force shall be comprised of the following 
22members, all of whom shall serve without compensation:
23  (1) the Executive Director of the Illinois Criminal 
24 Justice Information Authority, who shall serve as Chair;
25  (2) the Director of the Illinois State Police, or his 
26 or her designee;
 
 
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1  (3) the Secretary of Human Services, or his or her 
2 designee;
3  (4) the Director of Corrections, or his or her 
4 designee;
5  (5) the Attorney General, or his or her designee;
6  (6) the Director of the Administrative Office of the 
7 Illinois Courts, or his or her designee; 
8  (7) a representative of an association representing 
9 circuit clerks appointed by the President of the Senate;
10  (8) a representative of an association representing 
11 sheriffs appointed by the House Minority Leader;
12  (9) a representative of an association representing 
13 State's Attorneys appointed by the House Minority Leader;
14  (10) a representative of an association representing 
15 chiefs of police appointed by the Senate Minority Leader;
16  (11) a representative of an association representing 
17 hospitals appointed by the Speaker of the House of 
18 Representatives;
19  (12) a representative of an association representing 
20 counties appointed by the President of the Senate; and
21  (13) a representative of an association representing 
22 municipalities appointed by the Speaker of the House of 
23 Representatives.
24 (c) The Illinois Criminal Justice Information Authority 
25shall provide administrative and other support to the Task 
26Force. The Illinois State Police Division of Justice Services 
 
 
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1shall also provide support to the Illinois Criminal Justice 
2Information Authority and the Task Force.
3 (d) The Task Force may meet in person or virtually and 
4shall issue a written report of its findings and 
5recommendations to General Assembly on or before July 1, 2022. 
6The Task Force shall issue an annual report, which shall 
7include information on the state of FOID data, including a 
8review of previous activity by the Task Force to close 
9previously identified gaps; identifying known (or new) gaps; a 
10proposal of policy and practice recommendations to close those 
11gaps; and a preview of expected activities of the Task Force 
12for the coming year.
13 (e) Within 60 days of the effective date of this 
14amendatory Act of the 102nd General Assembly, the Chair shall 
15establish the Task Force.
16 (f) This Section is repealed on July 1, 2027.
17(Source: P.A. 102-237, eff. 1-1-22.)

18 Section 70. The State Finance Act is amended by changing 
19Sections 6z-99 and 6z-127 as follows:

20 (30 ILCS 105/6z-99)
21 Sec. 6z-99. The Mental Health Reporting Fund.
22 (a) There is created in the State treasury a special fund 
23known as the Mental Health Reporting Fund. The Fund shall 
24receive revenue under the Firearm Concealed Carry Act. The 
 
 
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1Fund may also receive revenue from grants, pass-through 
2grants, donations, appropriations, and any other legal source.
3 (b) The Illinois State Police and Department of Human 
4Services shall coordinate to use moneys in the Fund to finance 
5their respective duties of collecting and reporting data on 
6mental health records and ensuring that mental health firearm 
7possession prohibitors are enforced as set forth under the 
8Firearm Concealed Carry Act and the Firearm Owners 
9Identification Card Act. Any surplus in the Fund beyond what 
10is necessary to ensure compliance with mental health reporting 
11under that Act these Acts shall be used by the Department of 
12Human Services for mental health treatment programs as 
13follows: (1) 50% shall be used to fund community-based mental 
14health programs aimed at reducing gun violence, community 
15integration and education, or mental health awareness and 
16prevention, including administrative costs; and (2) 50% shall 
17be used to award grants that use and promote the National 
18School Mental Health Curriculum model for school-based mental 
19health support, integration, and services.
20 (c) Investment income that is attributable to the 
21investment of moneys in the Fund shall be retained in the Fund 
22for the uses specified in this Section.
23(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
24102-813, eff. 5-13-22.)

25 (30 ILCS 105/6z-127)
 
 
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1 Sec. 6z-127. State Police Revocation Enforcement Fund.
2 (a) The State Police Revocation Enforcement Fund is 
3established as a special fund in the State treasury. This Fund 
4is established to receive moneys from the Firearm Owners 
5Identification Card Act to enforce that Act, the Firearm 
6Concealed Carry Act, Article 24 of the Criminal Code of 2012, 
7and other firearm offenses. The Fund may also receive revenue 
8from grants, donations, appropriations, and any other legal 
9source.
10 (b) The Illinois State Police may use moneys from the Fund 
11to establish task forces and, if necessary, include other law 
12enforcement agencies, under intergovernmental contracts 
13written and executed in conformity with the Intergovernmental 
14Cooperation Act.
15 (c) The Illinois State Police may use moneys in the Fund to 
16hire and train State Police officers and for the prevention of 
17violent crime.
18 (d) The State Police Revocation Enforcement Fund is not 
19subject to administrative chargebacks.
20 (e) (Blank). Law enforcement agencies that participate in 
21Firearm Owner's Identification Card revocation enforcement in 
22the Violent Crime Intelligence Task Force may apply for grants 
23from the Illinois State Police.
24 (f) Any surplus in the Fund beyond what is necessary to 
25ensure compliance with subsections (a) through (e) or moneys 
26that are specifically appropriated for those purposes shall be 
 
 
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1used by the Illinois State Police to award grants to assist 
2with the data reporting requirements of the Gun Trafficking 
3Information Act. 
4(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22; 
5103-34, eff. 6-9-23.)

6 Section 75. The Illinois Procurement Code is amended by 
7changing 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 
11bidders, offerors, potential contractors, or contractors were 
12first solicited on or after July 1, 1998. This Code shall not 
13be construed to affect or impair any contract, or any 
14provision of a contract, entered into based on a solicitation 
15prior to the implementation date of this Code as described in 
16Article 99, including, but not limited to, any covenant 
17entered into with respect to any revenue bonds or similar 
18instruments. All procurements for which contracts are 
19solicited between the effective date of Articles 50 and 99 and 
20July 1, 1998 shall be substantially in accordance with this 
21Code and its intent.
22 (b) This Code shall apply regardless of the source of the 
23funds with which the contracts are paid, including federal 
24assistance 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 Illinois Uniform Conviction Information Act, and 
18 the Gun Trafficking Information Act, or establish or 
19 maintain record management systems necessary to conduct 
20 human trafficking investigations or gun trafficking or 
21 other stolen firearm investigations. This paragraph (21) 
22 applies to contracts entered into on or after January 10, 
23 2023 (the effective date of Public Act 102-1116) and the 
24 renewal of contracts that are in effect on January 10, 
25 2023 (the effective date of Public Act 102-1116). 
26  (22) Contracts for project management services and 
 
 
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1 system integration services required for the completion of 
2 the State's enterprise resource planning project. This 
3 exemption becomes inoperative 5 years after June 7, 2023 
4 (the effective date of the changes made to this Section by 
5 Public Act 103-8). This paragraph (22) applies to 
6 contracts entered into on or after June 7, 2023 (the 
7 effective date of the changes made to this Section by 
8 Public Act 103-8) and the renewal of contracts that are in 
9 effect on June 7, 2023 (the effective date of the changes 
10 made to this Section by Public Act 103-8). 
11  (23) Procurements necessary for the Department of 
12 Insurance to implement the Illinois Health Benefits 
13 Exchange Law if the Department of Insurance has made a 
14 good faith determination that it is necessary and 
15 appropriate for the expenditure to fall within this 
16 exemption. The procurement process shall be conducted in a 
17 manner substantially in accordance with the requirements 
18 of Sections 20-160 and 25-60 and Article 50 of this Code. A 
19 copy of these contracts shall be made available to the 
20 Chief Procurement Officer immediately upon request. This 
21 paragraph is inoperative 5 years after June 27, 2023 (the 
22 effective date of Public Act 103-103). 
23  (24) (22) Contracts for public education programming, 
24 noncommercial sustaining announcements, public service 
25 announcements, and public awareness and education 
26 messaging with the nonprofit trade associations of the 
 
 
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1 providers of those services that inform the public on 
2 immediate and ongoing health and safety risks and hazards. 
3 Notwithstanding any other provision of law, for contracts 
4with an annual value of more than $100,000 entered into on or 
5after October 1, 2017 under an exemption provided in any 
6paragraph of this subsection (b), except paragraph (1), (2), 
7or (5), each State agency shall post to the appropriate 
8procurement bulletin the name of the contractor, a description 
9of the supply or service provided, the total amount of the 
10contract, the term of the contract, and the exception to the 
11Code utilized. The chief procurement officer shall submit a 
12report to the Governor and General Assembly no later than 
13November 1 of each year that shall include, at a minimum, an 
14annual summary of the monthly information reported to the 
15chief procurement officer. 
16 (c) This Code does not apply to the electric power 
17procurement process provided for under Section 1-75 of the 
18Illinois Power Agency Act and Section 16-111.5 of the Public 
19Utilities Act. This Code does not apply to the procurement of 
20technical and policy experts pursuant to Section 1-129 of the 
21Illinois Power Agency Act. 
22 (d) Except for Section 20-160 and Article 50 of this Code, 
23and as expressly required by Section 9.1 of the Illinois 
24Lottery Law, the provisions of this Code do not apply to the 
25procurement process provided for under Section 9.1 of the 
26Illinois Lottery Law. 
 
 
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1 (e) This Code does not apply to the process used by the 
2Capital Development Board to retain a person or entity to 
3assist the Capital Development Board with its duties related 
4to the determination of costs of a clean coal SNG brownfield 
5facility, as defined by Section 1-10 of the Illinois Power 
6Agency Act, as required in subsection (h-3) of Section 9-220 
7of the Public Utilities Act, including calculating the range 
8of capital costs, the range of operating and maintenance 
9costs, or the sequestration costs or monitoring the 
10construction of clean coal SNG brownfield facility for the 
11full duration of construction.
12 (f) (Blank). 
13 (g) (Blank).
14 (h) This Code does not apply to the process to procure or 
15contracts entered into in accordance with Sections 11-5.2 and 
1611-5.3 of the Illinois Public Aid Code. 
17 (i) Each chief procurement officer may access records 
18necessary to review whether a contract, purchase, or other 
19expenditure is or is not subject to the provisions of this 
20Code, unless such records would be subject to attorney-client 
21privilege. 
22 (j) This Code does not apply to the process used by the 
23Capital Development Board to retain an artist or work or works 
24of art as required in Section 14 of the Capital Development 
25Board Act. 
26 (k) This Code does not apply to the process to procure 
 
 
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1contracts, or contracts entered into, by the State Board of 
2Elections or the State Electoral Board for hearing officers 
3appointed pursuant to the Election Code. 
4 (l) This Code does not apply to the processes used by the 
5Illinois Student Assistance Commission to procure supplies and 
6services paid for from the private funds of the Illinois 
7Prepaid Tuition Fund. As used in this subsection (l), "private 
8funds" means funds derived from deposits paid into the 
9Illinois Prepaid Tuition Trust Fund and the earnings thereon. 
10 (m) This Code shall apply regardless of the source of 
11funds with which contracts are paid, including federal 
12assistance moneys. Except as specifically provided in this 
13Code, this Code shall not apply to procurement expenditures 
14necessary for the Department of Public Health to conduct the 
15Healthy Illinois Survey in accordance with Section 2310-431 of 
16the Department of Public Health Powers and Duties Law of the 
17Civil Administrative Code of Illinois. 
18(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22; 
19102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff. 
209-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; 
21102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff. 
226-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; revised 
231-2-24.)

24 Section 80. The Intergovernmental Drug Laws Enforcement 
25Act is amended by changing Section 3 as follows:

 
 
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1 (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
2 Sec. 3. A Metropolitan Enforcement Group which meets the 
3minimum criteria established in this Section is eligible to 
4receive State grants to help defray the costs of operation. To 
5be eligible a MEG must:
6  (1) Be established and operating pursuant to 
7 intergovernmental contracts written and executed in 
8 conformity with the Intergovernmental Cooperation Act, and 
9 involve 2 or more units of local government.
10  (2) Establish a MEG Policy Board composed of an 
11 elected official, or his designee, and the chief law 
12 enforcement officer, or his designee, from each 
13 participating unit of local government to oversee the 
14 operations of the MEG and make such reports to the 
15 Illinois State Police as the Illinois State Police may 
16 require.
17  (3) Designate a single appropriate elected official of 
18 a participating unit of local government to act as the 
19 financial officer of the MEG for all participating units 
20 of local government and to receive funds for the operation 
21 of the MEG.
22  (4) Limit its operations to enforcement of drug laws; 
23 enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2, 
24 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3, 
25 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8, 
 
 
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1 24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code 
2 of 2012; Sections 2, 3, 6.1, 9.5, and 14 of the Firearm 
3 Owners Identification Card Act; and the investigation of 
4 streetgang related offenses.
5  (5) Cooperate with the Illinois State Police in order 
6 to assure compliance with this Act and to enable the 
7 Illinois State Police to fulfill its duties under this 
8 Act, and supply the Illinois State Police with all 
9 information the Illinois State Police deems necessary 
10 therefor.
11  (6) Receive funding of at least 50% of the total 
12 operating budget of the MEG from the participating units 
13 of local government.
14(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
15102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)

16 Section 85. The Peace Officer Firearm Training Act is 
17amended by changing Section 1 as follows:

18 (50 ILCS 710/1) (from Ch. 85, par. 515)
19 Sec. 1. Definitions. As used in this Act: 
20 (a) "Peace officer" means (i) any person who by virtue of 
21his office or public employment is vested by law with a primary 
22duty to maintain public order or to make arrests for offenses, 
23whether that duty extends to all offenses or is limited to 
24specific offenses, and who is employed in such capacity by any 
 
 
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1county or municipality or (ii) any retired law enforcement 
2officers qualified under federal law to carry a concealed 
3weapon. 
4 (a-5) "Probation officer" means a county probation officer 
5authorized by the Chief Judge of the Circuit Court to carry a 
6firearm as part of his or her duties under Section 12 of the 
7Probation and Probation Officers Act and Section 24-2 of the 
8Criminal Code of 2012. 
9 (b) "Firearms" means any weapon or device defined as a 
10firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of 
11"An Act relating to the acquisition, possession and transfer 
12of firearms and firearm ammunition, to provide a penalty for 
13the violation thereof and to make an appropriation in 
14connection therewith", approved August 3, 1967, as amended.
15(Source: P.A. 98-725, eff. 1-1-15.)

16 (50 ILCS 725/7.2 rep.)
17 Section 90. The Uniform Peace Officers' Disciplinary Act 
18is amended by repealing Section 7.2.

19 Section 95. The Counties Code is amended by changing 
20Section 3-6042 as follows:

21 (55 ILCS 5/3-6042)
22 Sec. 3-6042. Retiring employee; purchase of service 
23firearm and badge. Each Sheriff shall establish a program to 
 
 
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1allow an employee of the Sheriff's Department who is honorably 
2retiring in good standing to purchase either one or both of the 
3following: (1) any badge previously issued to the employee by 
4the Sheriff's Department; or (2) if the employee has a 
5currently valid Firearm Owner's Identification Card, the 
6service firearm issued or previously issued to the employee by 
7the Sheriff's Department. The badge must be permanently and 
8conspicuously marked in such a manner that the individual who 
9possesses the badge is not mistaken for an actively serving 
10law enforcement officer. The cost of the firearm shall be the 
11replacement value of the firearm and not the firearm's fair 
12market value.
13(Source: P.A. 102-719, eff. 5-6-22.)

14 Section 100. The School Code is amended by changing 
15Sections 10-22.6, 10-27.1A and 34-8.05 as follows:

16 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
17 (Text of Section before amendment by P.A. 102-466)
18 Sec. 10-22.6. Suspension or expulsion of pupils; school 
19searches. 
20 (a) To expel pupils guilty of gross disobedience or 
21misconduct, including gross disobedience or misconduct 
22perpetuated by electronic means, pursuant to subsection (b-20) 
23of this Section, and no action shall lie against them for such 
24expulsion. Expulsion shall take place only after the parents 
 
 
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1have been requested to appear at a meeting of the board, or 
2with a hearing officer appointed by it, to discuss their 
3child's behavior. Such request shall be made by registered or 
4certified mail and shall state the time, place and purpose of 
5the meeting. The board, or a hearing officer appointed by it, 
6at such meeting shall state the reasons for dismissal and the 
7date on which the expulsion is to become effective. If a 
8hearing officer is appointed by the board, he shall report to 
9the board a written summary of the evidence heard at the 
10meeting and the board may take such action thereon as it finds 
11appropriate. If the board acts to expel a pupil, the written 
12expulsion decision shall detail the specific reasons why 
13removing the pupil from the learning environment is in the 
14best interest of the school. The expulsion decision shall also 
15include a rationale as to the specific duration of the 
16expulsion. An expelled pupil may be immediately transferred to 
17an alternative program in the manner provided in Article 13A 
18or 13B of this Code. A pupil must not be denied transfer 
19because of the expulsion, except in cases in which such 
20transfer is deemed to cause a threat to the safety of students 
21or staff in the alternative program.
22 (b) To suspend or by policy to authorize the 
23superintendent of the district or the principal, assistant 
24principal, or dean of students of any school to suspend pupils 
25guilty of gross disobedience or misconduct, or to suspend 
26pupils guilty of gross disobedience or misconduct on the 
 
 
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1school bus from riding the school bus, pursuant to subsections 
2(b-15) and (b-20) of this Section, and no action shall lie 
3against them for such suspension. The board may by policy 
4authorize the superintendent of the district or the principal, 
5assistant principal, or dean of students of any school to 
6suspend pupils guilty of such acts for a period not to exceed 
710 school days. If a pupil is suspended due to gross 
8disobedience or misconduct on a school bus, the board may 
9suspend the pupil in excess of 10 school days for safety 
10reasons. 
11 Any suspension shall be reported immediately to the 
12parents or guardian of a pupil along with a full statement of 
13the reasons for such suspension and a notice of their right to 
14a review. The school board must be given a summary of the 
15notice, including the reason for the suspension and the 
16suspension length. Upon request of the parents or guardian, 
17the school board or a hearing officer appointed by it shall 
18review such action of the superintendent or principal, 
19assistant principal, or dean of students. At such review, the 
20parents or guardian of the pupil may appear and discuss the 
21suspension with the board or its hearing officer. If a hearing 
22officer is appointed by the board, he shall report to the board 
23a written summary of the evidence heard at the meeting. After 
24its hearing or upon receipt of the written report of its 
25hearing officer, the board may take such action as it finds 
26appropriate. If a student is suspended pursuant to this 
 
 
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1subsection (b), the board shall, in the written suspension 
2decision, detail the specific act of gross disobedience or 
3misconduct resulting in the decision to suspend. The 
4suspension decision shall also include a rationale as to the 
5specific duration of the suspension. A pupil who is suspended 
6in excess of 20 school days may be immediately transferred to 
7an alternative program in the manner provided in Article 13A 
8or 13B of this Code. A pupil must not be denied transfer 
9because of the suspension, except in cases in which such 
10transfer is deemed to cause a threat to the safety of students 
11or staff in the alternative program.
12 (b-5) Among the many possible disciplinary interventions 
13and consequences available to school officials, school 
14exclusions, such as out-of-school suspensions and expulsions, 
15are the most serious. School officials shall limit the number 
16and duration of expulsions and suspensions to the greatest 
17extent practicable, and it is recommended that they use them 
18only for legitimate educational purposes. To ensure that 
19students are not excluded from school unnecessarily, it is 
20recommended that school officials consider forms of 
21non-exclusionary discipline prior to using out-of-school 
22suspensions or expulsions.
23 (b-10) Unless otherwise required by federal law or this 
24Code, school boards may not institute zero-tolerance policies 
25by which school administrators are required to suspend or 
26expel students for particular behaviors.
 
 
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1 (b-15) Out-of-school suspensions of 3 days or less may be 
2used only if the student's continuing presence in school would 
3pose a threat to school safety or a disruption to other 
4students' learning opportunities. For purposes of this 
5subsection (b-15), "threat to school safety or a disruption to 
6other students' learning opportunities" shall be determined on 
7a case-by-case basis by the school board or its designee. 
8School officials shall make all reasonable efforts to resolve 
9such threats, address such disruptions, and minimize the 
10length of suspensions to the greatest extent practicable.
11 (b-20) Unless otherwise required by this Code, 
12out-of-school suspensions of longer than 3 days, expulsions, 
13and disciplinary removals to alternative schools may be used 
14only if other appropriate and available behavioral and 
15disciplinary interventions have been exhausted and the 
16student's continuing presence in school would either (i) pose 
17a threat to the safety of other students, staff, or members of 
18the school community or (ii) substantially disrupt, impede, or 
19interfere with the operation of the school. For purposes of 
20this subsection (b-20), "threat to the safety of other 
21students, staff, or members of the school community" and 
22"substantially disrupt, impede, or interfere with the 
23operation of the school" shall be determined on a case-by-case 
24basis by school officials. For purposes of this subsection 
25(b-20), the determination of whether "appropriate and 
26available behavioral and disciplinary interventions have been 
 
 
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1exhausted" shall be made by school officials. School officials 
2shall make all reasonable efforts to resolve such threats, 
3address such disruptions, and minimize the length of student 
4exclusions to the greatest extent practicable. Within the 
5suspension decision described in subsection (b) of this 
6Section or the expulsion decision described in subsection (a) 
7of this Section, it shall be documented whether other 
8interventions were attempted or whether it was determined that 
9there were no other appropriate and available interventions.
10 (b-25) Students who are suspended out-of-school for longer 
11than 4 school days shall be provided appropriate and available 
12support services during the period of their suspension. For 
13purposes of this subsection (b-25), "appropriate and available 
14support services" shall be determined by school authorities. 
15Within the suspension decision described in subsection (b) of 
16this Section, it shall be documented whether such services are 
17to be provided or whether it was determined that there are no 
18such appropriate and available services.
19 A school district may refer students who are expelled to 
20appropriate and available support services.
21 A school district shall create a policy to facilitate the 
22re-engagement of students who are suspended out-of-school, 
23expelled, or returning from an alternative school setting.
24 (b-30) A school district shall create a policy by which 
25suspended pupils, including those pupils suspended from the 
26school bus who do not have alternate transportation to school, 
 
 
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1shall have the opportunity to make up work for equivalent 
2academic credit. It shall be the responsibility of a pupil's 
3parent or guardian to notify school officials that a pupil 
4suspended from the school bus does not have alternate 
5transportation to school. 
6 (c) A school board must invite a representative from a 
7local mental health agency to consult with the board at the 
8meeting whenever there is evidence that mental illness may be 
9the cause of a student's expulsion or suspension.
10 (c-5) School districts shall make reasonable efforts to 
11provide ongoing professional development to teachers, 
12administrators, school board members, school resource 
13officers, and staff on the adverse consequences of school 
14exclusion and justice-system involvement, effective classroom 
15management strategies, culturally responsive discipline, the 
16appropriate and available supportive services for the 
17promotion of student attendance and engagement, and 
18developmentally appropriate disciplinary methods that promote 
19positive and healthy school climates. 
20 (d) The board may expel a student for a definite period of 
21time not to exceed 2 calendar years, as determined on a 
22case-by-case basis. A student who is determined to have 
23brought one of the following objects to school, any 
24school-sponsored activity or event, or any activity or event 
25that bears a reasonable relationship to school shall be 
26expelled for a period of not less than one year:
 
 
HB5199- 88 -LRB103 38448 RLC 68584 b


1  (1) A firearm. For the purposes of this Section, 
2 "firearm" means any gun, rifle, shotgun, weapon as defined 
3 by Section 921 of Title 18 of the United States Code, 
4 firearm as defined in Section 2-7.5 1.1 of the Firearm 
5 Owners Identification Card Act, or firearm as defined in 
6 Section 24-1 of the Criminal Code of 2012. The expulsion 
7 period under this subdivision (1) may be modified by the 
8 superintendent, and the superintendent's determination may 
9 be modified by the board on a case-by-case basis.
10  (2) A knife, brass knuckles or other knuckle weapon 
11 regardless of its composition, a billy club, or any other 
12 object if used or attempted to be used to cause bodily 
13 harm, including "look alikes" of any firearm as defined in 
14 subdivision (1) of this subsection (d). The expulsion 
15 requirement under this subdivision (2) may be modified by 
16 the superintendent, and the superintendent's determination 
17 may be modified by the board on a case-by-case basis. 
18Expulsion or suspension shall be construed in a manner 
19consistent with the federal Individuals with Disabilities 
20Education Act. A student who is subject to suspension or 
21expulsion as provided in this Section may be eligible for a 
22transfer to an alternative school program in accordance with 
23Article 13A of the School Code.
24 (d-5) The board may suspend or by regulation authorize the 
25superintendent of the district or the principal, assistant 
26principal, or dean of students of any school to suspend a 
 
 
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1student for a period not to exceed 10 school days or may expel 
2a student for a definite period of time not to exceed 2 
3calendar years, as determined on a case-by-case basis, if (i) 
4that student has been determined to have made an explicit 
5threat on an Internet website against a school employee, a 
6student, or any school-related personnel, (ii) the Internet 
7website through which the threat was made is a site that was 
8accessible within the school at the time the threat was made or 
9was available to third parties who worked or studied within 
10the school grounds at the time the threat was made, and (iii) 
11the threat could be reasonably interpreted as threatening to 
12the safety and security of the threatened individual because 
13of his or her duties or employment status or status as a 
14student inside the school. 
15 (e) To maintain order and security in the schools, school 
16authorities may inspect and search places and areas such as 
17lockers, desks, parking lots, and other school property and 
18equipment owned or controlled by the school, as well as 
19personal effects left in those places and areas by students, 
20without notice to or the consent of the student, and without a 
21search warrant. As a matter of public policy, the General 
22Assembly finds that students have no reasonable expectation of 
23privacy in these places and areas or in their personal effects 
24left in these places and areas. School authorities may request 
25the assistance of law enforcement officials for the purpose of 
26conducting inspections and searches of lockers, desks, parking 
 
 
HB5199- 90 -LRB103 38448 RLC 68584 b


1lots, and other school property and equipment owned or 
2controlled by the school for illegal drugs, weapons, or other 
3illegal or dangerous substances or materials, including 
4searches conducted through the use of specially trained dogs. 
5If a search conducted in accordance with this Section produces 
6evidence that the student has violated or is violating either 
7the law, local ordinance, or the school's policies or rules, 
8such evidence may be seized by school authorities, and 
9disciplinary action may be taken. School authorities may also 
10turn over such evidence to law enforcement authorities.
11 (f) Suspension or expulsion may include suspension or 
12expulsion from school and all school activities and a 
13prohibition from being present on school grounds.
14 (g) A school district may adopt a policy providing that if 
15a student is suspended or expelled for any reason from any 
16public or private school in this or any other state, the 
17student must complete the entire term of the suspension or 
18expulsion in an alternative school program under Article 13A 
19of this Code or an alternative learning opportunities program 
20under Article 13B of this Code before being admitted into the 
21school district if there is no threat to the safety of students 
22or staff in the alternative program.
23 (h) School officials shall not advise or encourage 
24students to drop out voluntarily due to behavioral or academic 
25difficulties.
26 (i) A student may not be issued a monetary fine or fee as a 
 
 
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1disciplinary consequence, though this shall not preclude 
2requiring a student to provide restitution for lost, stolen, 
3or damaged property.
4 (j) Subsections (a) through (i) of this Section shall 
5apply to elementary and secondary schools, charter schools, 
6special charter districts, and school districts organized 
7under Article 34 of this Code. 
8 (k) The expulsion of children enrolled in programs funded 
9under Section 1C-2 of this Code is subject to the requirements 
10under paragraph (7) of subsection (a) of Section 2-3.71 of 
11this Code.
12 (l) Beginning with the 2018-2019 school year, an in-school 
13suspension program provided by a school district for any 
14students in kindergarten through grade 12 may focus on 
15promoting non-violent conflict resolution and positive 
16interaction with other students and school personnel. A school 
17district may employ a school social worker or a licensed 
18mental health professional to oversee an in-school suspension 
19program in kindergarten through grade 12. 
20(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21; 
21102-813, eff. 5-13-22.)

22 (Text of Section after amendment by P.A. 102-466)
23 Sec. 10-22.6. Suspension or expulsion of pupils; school 
24searches. 
25 (a) To expel pupils guilty of gross disobedience or 
 
 
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1misconduct, including gross disobedience or misconduct 
2perpetuated by electronic means, pursuant to subsection (b-20) 
3of this Section, and no action shall lie against them for such 
4expulsion. Expulsion shall take place only after the parents 
5or guardians have been requested to appear at a meeting of the 
6board, or with a hearing officer appointed by it, to discuss 
7their child's behavior. Such request shall be made by 
8registered or certified mail and shall state the time, place 
9and purpose of the meeting. The board, or a hearing officer 
10appointed by it, at such meeting shall state the reasons for 
11dismissal and the date on which the expulsion is to become 
12effective. If a hearing officer is appointed by the board, he 
13shall report to the board a written summary of the evidence 
14heard at the meeting and the board may take such action thereon 
15as it finds appropriate. If the board acts to expel a pupil, 
16the written expulsion decision shall detail the specific 
17reasons why removing the pupil from the learning environment 
18is in the best interest of the school. The expulsion decision 
19shall also include a rationale as to the specific duration of 
20the expulsion. An expelled pupil may be immediately 
21transferred to an alternative program in the manner provided 
22in Article 13A or 13B of this Code. A pupil must not be denied 
23transfer because of the expulsion, except in cases in which 
24such transfer is deemed to cause a threat to the safety of 
25students or staff in the alternative program.
26 (b) To suspend or by policy to authorize the 
 
 
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1superintendent of the district or the principal, assistant 
2principal, or dean of students of any school to suspend pupils 
3guilty of gross disobedience or misconduct, or to suspend 
4pupils guilty of gross disobedience or misconduct on the 
5school bus from riding the school bus, pursuant to subsections 
6(b-15) and (b-20) of this Section, and no action shall lie 
7against them for such suspension. The board may by policy 
8authorize the superintendent of the district or the principal, 
9assistant principal, or dean of students of any school to 
10suspend pupils guilty of such acts for a period not to exceed 
1110 school days. If a pupil is suspended due to gross 
12disobedience or misconduct on a school bus, the board may 
13suspend the pupil in excess of 10 school days for safety 
14reasons. 
15 Any suspension shall be reported immediately to the 
16parents or guardians of a pupil along with a full statement of 
17the reasons for such suspension and a notice of their right to 
18a review. The school board must be given a summary of the 
19notice, including the reason for the suspension and the 
20suspension length. Upon request of the parents or guardians, 
21the school board or a hearing officer appointed by it shall 
22review such action of the superintendent or principal, 
23assistant principal, or dean of students. At such review, the 
24parents or guardians of the pupil may appear and discuss the 
25suspension with the board or its hearing officer. If a hearing 
26officer is appointed by the board, he shall report to the board 
 
 
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1a written summary of the evidence heard at the meeting. After 
2its hearing or upon receipt of the written report of its 
3hearing officer, the board may take such action as it finds 
4appropriate. If a student is suspended pursuant to this 
5subsection (b), the board shall, in the written suspension 
6decision, detail the specific act of gross disobedience or 
7misconduct resulting in the decision to suspend. The 
8suspension decision shall also include a rationale as to the 
9specific duration of the suspension. A pupil who is suspended 
10in excess of 20 school days may be immediately transferred to 
11an alternative program in the manner provided in Article 13A 
12or 13B of this Code. A pupil must not be denied transfer 
13because of the suspension, except in cases in which such 
14transfer is deemed to cause a threat to the safety of students 
15or staff in the alternative program.
16 (b-5) Among the many possible disciplinary interventions 
17and consequences available to school officials, school 
18exclusions, such as out-of-school suspensions and expulsions, 
19are the most serious. School officials shall limit the number 
20and duration of expulsions and suspensions to the greatest 
21extent practicable, and it is recommended that they use them 
22only for legitimate educational purposes. To ensure that 
23students are not excluded from school unnecessarily, it is 
24recommended that school officials consider forms of 
25non-exclusionary discipline prior to using out-of-school 
26suspensions or expulsions.
 
 
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1 (b-10) Unless otherwise required by federal law or this 
2Code, school boards may not institute zero-tolerance policies 
3by which school administrators are required to suspend or 
4expel students for particular behaviors.
5 (b-15) Out-of-school suspensions of 3 days or less may be 
6used only if the student's continuing presence in school would 
7pose a threat to school safety or a disruption to other 
8students' learning opportunities. For purposes of this 
9subsection (b-15), "threat to school safety or a disruption to 
10other students' learning opportunities" shall be determined on 
11a case-by-case basis by the school board or its designee. 
12School officials shall make all reasonable efforts to resolve 
13such threats, address such disruptions, and minimize the 
14length of suspensions to the greatest extent practicable.
15 (b-20) Unless otherwise required by this Code, 
16out-of-school suspensions of longer than 3 days, expulsions, 
17and disciplinary removals to alternative schools may be used 
18only if other appropriate and available behavioral and 
19disciplinary interventions have been exhausted and the 
20student's continuing presence in school would either (i) pose 
21a threat to the safety of other students, staff, or members of 
22the school community or (ii) substantially disrupt, impede, or 
23interfere with the operation of the school. For purposes of 
24this subsection (b-20), "threat to the safety of other 
25students, staff, or members of the school community" and 
26"substantially disrupt, impede, or interfere with the 
 
 
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1operation of the school" shall be determined on a case-by-case 
2basis by school officials. For purposes of this subsection 
3(b-20), the determination of whether "appropriate and 
4available behavioral and disciplinary interventions have been 
5exhausted" shall be made by school officials. School officials 
6shall make all reasonable efforts to resolve such threats, 
7address such disruptions, and minimize the length of student 
8exclusions to the greatest extent practicable. Within the 
9suspension decision described in subsection (b) of this 
10Section or the expulsion decision described in subsection (a) 
11of this Section, it shall be documented whether other 
12interventions were attempted or whether it was determined that 
13there were no other appropriate and available interventions.
14 (b-25) Students who are suspended out-of-school for longer 
15than 4 school days shall be provided appropriate and available 
16support services during the period of their suspension. For 
17purposes of this subsection (b-25), "appropriate and available 
18support services" shall be determined by school authorities. 
19Within the suspension decision described in subsection (b) of 
20this Section, it shall be documented whether such services are 
21to be provided or whether it was determined that there are no 
22such appropriate and available services.
23 A school district may refer students who are expelled to 
24appropriate and available support services.
25 A school district shall create a policy to facilitate the 
26re-engagement of students who are suspended out-of-school, 
 
 
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1expelled, or returning from an alternative school setting.
2 (b-30) A school district shall create a policy by which 
3suspended pupils, including those pupils suspended from the 
4school bus who do not have alternate transportation to school, 
5shall have the opportunity to make up work for equivalent 
6academic credit. It shall be the responsibility of a pupil's 
7parents or guardians to notify school officials that a pupil 
8suspended from the school bus does not have alternate 
9transportation to school. 
10 (b-35) In all suspension review hearings conducted under 
11subsection (b) or expulsion hearings conducted under 
12subsection (a), a student may disclose any factor to be 
13considered in mitigation, including his or her status as a 
14parent, expectant parent, or victim of domestic or sexual 
15violence, as defined in Article 26A. A representative of the 
16parent's or guardian's choice, or of the student's choice if 
17emancipated, must be permitted to represent the student 
18throughout the proceedings and to address the school board or 
19its appointed hearing officer. With the approval of the 
20student's parent or guardian, or of the student if 
21emancipated, a support person must be permitted to accompany 
22the student to any disciplinary hearings or proceedings. The 
23representative or support person must comply with any rules of 
24the school district's hearing process. If the representative 
25or support person violates the rules or engages in behavior or 
26advocacy that harasses, abuses, or intimidates either party, a 
 
 
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1witness, or anyone else in attendance at the hearing, the 
2representative or support person may be prohibited from 
3further participation in the hearing or proceeding. A 
4suspension or expulsion proceeding under this subsection 
5(b-35) must be conducted independently from any ongoing 
6criminal investigation or proceeding, and an absence of 
7pending or possible criminal charges, criminal investigations, 
8or proceedings may not be a factor in school disciplinary 
9decisions.
10 (b-40) During a suspension review hearing conducted under 
11subsection (b) or an expulsion hearing conducted under 
12subsection (a) that involves allegations of sexual violence by 
13the student who is subject to discipline, neither the student 
14nor his or her representative shall directly question nor have 
15direct contact with the alleged victim. The student who is 
16subject to discipline or his or her representative may, at the 
17discretion and direction of the school board or its appointed 
18hearing officer, suggest questions to be posed by the school 
19board or its appointed hearing officer to the alleged victim. 
20 (c) A school board must invite a representative from a 
21local mental health agency to consult with the board at the 
22meeting whenever there is evidence that mental illness may be 
23the cause of a student's expulsion or suspension.
24 (c-5) School districts shall make reasonable efforts to 
25provide ongoing professional development to teachers, 
26administrators, school board members, school resource 
 
 
HB5199- 99 -LRB103 38448 RLC 68584 b


1officers, and staff on the adverse consequences of school 
2exclusion and justice-system involvement, effective classroom 
3management strategies, culturally responsive discipline, the 
4appropriate and available supportive services for the 
5promotion of student attendance and engagement, and 
6developmentally appropriate disciplinary methods that promote 
7positive and healthy school climates. 
8 (d) The board may expel a student for a definite period of 
9time not to exceed 2 calendar years, as determined on a 
10case-by-case basis. A student who is determined to have 
11brought one of the following objects to school, any 
12school-sponsored activity or event, or any activity or event 
13that bears a reasonable relationship to school shall be 
14expelled for a period of not less than one year:
15  (1) A firearm. For the purposes of this Section, 
16 "firearm" means any gun, rifle, shotgun, weapon as defined 
17 by Section 921 of Title 18 of the United States Code, 
18 firearm as defined in Section 2-7.5 1.1 of the Firearm 
19 Owners Identification Card Act, or firearm as defined in 
20 Section 24-1 of the Criminal Code of 2012. The expulsion 
21 period under this subdivision (1) may be modified by the 
22 superintendent, and the superintendent's determination may 
23 be modified by the board on a case-by-case basis.
24  (2) A knife, brass knuckles or other knuckle weapon 
25 regardless of its composition, a billy club, or any other 
26 object if used or attempted to be used to cause bodily 
 
 
HB5199- 100 -LRB103 38448 RLC 68584 b


1 harm, including "look alikes" of any firearm as defined in 
2 subdivision (1) of this subsection (d). The expulsion 
3 requirement under this subdivision (2) may be modified by 
4 the superintendent, and the superintendent's determination 
5 may be modified by the board on a case-by-case basis. 
6Expulsion or suspension shall be construed in a manner 
7consistent with the federal Individuals with Disabilities 
8Education Act. A student who is subject to suspension or 
9expulsion as provided in this Section may be eligible for a 
10transfer to an alternative school program in accordance with 
11Article 13A of the School Code.
12 (d-5) The board may suspend or by regulation authorize the 
13superintendent of the district or the principal, assistant 
14principal, or dean of students of any school to suspend a 
15student for a period not to exceed 10 school days or may expel 
16a student for a definite period of time not to exceed 2 
17calendar years, as determined on a case-by-case basis, if (i) 
18that student has been determined to have made an explicit 
19threat on an Internet website against a school employee, a 
20student, or any school-related personnel, (ii) the Internet 
21website through which the threat was made is a site that was 
22accessible within the school at the time the threat was made or 
23was available to third parties who worked or studied within 
24the school grounds at the time the threat was made, and (iii) 
25the threat could be reasonably interpreted as threatening to 
26the safety and security of the threatened individual because 
 
 
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1of his or her duties or employment status or status as a 
2student inside the school. 
3 (e) To maintain order and security in the schools, school 
4authorities may inspect and search places and areas such as 
5lockers, desks, parking lots, and other school property and 
6equipment owned or controlled by the school, as well as 
7personal effects left in those places and areas by students, 
8without notice to or the consent of the student, and without a 
9search warrant. As a matter of public policy, the General 
10Assembly finds that students have no reasonable expectation of 
11privacy in these places and areas or in their personal effects 
12left in these places and areas. School authorities may request 
13the assistance of law enforcement officials for the purpose of 
14conducting inspections and searches of lockers, desks, parking 
15lots, and other school property and equipment owned or 
16controlled by the school for illegal drugs, weapons, or other 
17illegal or dangerous substances or materials, including 
18searches conducted through the use of specially trained dogs. 
19If a search conducted in accordance with this Section produces 
20evidence that the student has violated or is violating either 
21the law, local ordinance, or the school's policies or rules, 
22such evidence may be seized by school authorities, and 
23disciplinary action may be taken. School authorities may also 
24turn over such evidence to law enforcement authorities.
25 (f) Suspension or expulsion may include suspension or 
26expulsion from school and all school activities and a 
 
 
HB5199- 102 -LRB103 38448 RLC 68584 b


1prohibition from being present on school grounds.
2 (g) A school district may adopt a policy providing that if 
3a student is suspended or expelled for any reason from any 
4public or private school in this or any other state, the 
5student must complete the entire term of the suspension or 
6expulsion in an alternative school program under Article 13A 
7of this Code or an alternative learning opportunities program 
8under Article 13B of this Code before being admitted into the 
9school district if there is no threat to the safety of students 
10or staff in the alternative program. A school district that 
11adopts a policy under this subsection (g) must include a 
12provision allowing for consideration of any mitigating 
13factors, including, but not limited to, a student's status as 
14a parent, expectant parent, or victim of domestic or sexual 
15violence, as defined in Article 26A. 
16 (h) School officials shall not advise or encourage 
17students to drop out voluntarily due to behavioral or academic 
18difficulties.
19 (i) A student may not be issued a monetary fine or fee as a 
20disciplinary consequence, though this shall not preclude 
21requiring a student to provide restitution for lost, stolen, 
22or damaged property.
23 (j) Subsections (a) through (i) of this Section shall 
24apply to elementary and secondary schools, charter schools, 
25special charter districts, and school districts organized 
26under Article 34 of this Code. 
 
 
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1 (k) The expulsion of children enrolled in programs funded 
2under Section 1C-2 of this Code is subject to the requirements 
3under paragraph (7) of subsection (a) of Section 2-3.71 of 
4this Code.
5 (l) Beginning with the 2018-2019 school year, an in-school 
6suspension program provided by a school district for any 
7students in kindergarten through grade 12 may focus on 
8promoting non-violent conflict resolution and positive 
9interaction with other students and school personnel. A school 
10district may employ a school social worker or a licensed 
11mental health professional to oversee an in-school suspension 
12program in kindergarten through grade 12. 
13(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; 
14102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)

15 (105 ILCS 5/10-27.1A)
16 Sec. 10-27.1A. Firearms in schools. 
17 (a) All school officials, including teachers, school 
18counselors, and support staff, shall immediately notify the 
19office of the principal in the event that they observe any 
20person in possession of a firearm on school grounds; provided 
21that taking such immediate action to notify the office of the 
22principal would not immediately endanger the health, safety, 
23or welfare of students who are under the direct supervision of 
24the school official or the school official. If the health, 
25safety, or welfare of students under the direct supervision of 
 
 
HB5199- 104 -LRB103 38448 RLC 68584 b


1the school official or of the school official is immediately 
2endangered, the school official shall notify the office of the 
3principal as soon as the students under his or her supervision 
4and he or she are no longer under immediate danger. A report is 
5not required by this Section when the school official knows 
6that the person in possession of the firearm is a law 
7enforcement official engaged in the conduct of his or her 
8official duties. Any school official acting in good faith who 
9makes such a report under this Section shall have immunity 
10from any civil or criminal liability that might otherwise be 
11incurred as a result of making the report. The identity of the 
12school official making such report shall not be disclosed 
13except as expressly and specifically authorized by law. 
14Knowingly and willfully failing to comply with this Section is 
15a petty offense. A second or subsequent offense is a Class C 
16misdemeanor.
17 (b) Upon receiving a report from any school official 
18pursuant to this Section, or from any other person, the 
19principal or his or her designee shall immediately notify a 
20local law enforcement agency. If the person found to be in 
21possession of a firearm on school grounds is a student, the 
22principal or his or her designee shall also immediately notify 
23that student's parent or guardian. Any principal or his or her 
24designee acting in good faith who makes such reports under 
25this Section shall have immunity from any civil or criminal 
26liability that might otherwise be incurred or imposed as a 
 
 
HB5199- 105 -LRB103 38448 RLC 68584 b


1result of making the reports. Knowingly and willfully failing 
2to comply with this Section is a petty offense. A second or 
3subsequent offense is a Class C misdemeanor. If the person 
4found to be in possession of the firearm on school grounds is a 
5minor, the law enforcement agency shall detain that minor 
6until such time as the agency makes a determination pursuant 
7to clause (a) of subsection (1) of Section 5-401 of the 
8Juvenile Court Act of 1987, as to whether the agency 
9reasonably believes that the minor is delinquent. If the law 
10enforcement agency determines that probable cause exists to 
11believe that the minor committed a violation of item (4) of 
12subsection (a) of Section 24-1 of the Criminal Code of 2012 
13while on school grounds, the agency shall detain the minor for 
14processing pursuant to Section 5-407 of the Juvenile Court Act 
15of 1987.
16 (c) Upon receipt of any written, electronic, or verbal 
17report from any school personnel regarding a verified incident 
18involving a firearm in a school or on school owned or leased 
19property, including any conveyance owned, leased, or used by 
20the school for the transport of students or school personnel, 
21the superintendent or his or her designee shall report all 
22such firearm-related incidents occurring in a school or on 
23school property to the local law enforcement authorities 
24immediately, who shall report to the Illinois State Police in 
25a form, manner, and frequency as prescribed by the Illinois 
26State Police.
 
 
HB5199- 106 -LRB103 38448 RLC 68584 b


1 The State Board of Education shall receive an annual 
2statistical compilation and related data associated with 
3incidents involving firearms in schools from the Illinois 
4State Police. The State Board of Education shall compile this 
5information by school district and make it available to the 
6public.
7 (d) As used in this Section, the term "firearm" shall have 
8the meaning ascribed to it in Section 2-7.5 of the Criminal 
9Code of 2012 1.1 of the Firearm Owners Identification Card 
10Act.
11 As used in this Section, the term "school" means any 
12public or private elementary or secondary school.
13 As used in this Section, the term "school grounds" 
14includes the real property comprising any school, any 
15conveyance owned, leased, or contracted by a school to 
16transport students to or from school or a school-related 
17activity, or any public way within 1,000 feet of the real 
18property comprising any school.
19(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21; 
20102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)

21 (105 ILCS 5/34-8.05)
22 Sec. 34-8.05. Reporting firearms in schools. On or after 
23January 1, 1997, upon receipt of any written, electronic, or 
24verbal report from any school personnel regarding a verified 
25incident involving a firearm in a school or on school owned or 
 
 
HB5199- 107 -LRB103 38448 RLC 68584 b


1leased property, including any conveyance owned, leased, or 
2used by the school for the transport of students or school 
3personnel, the general superintendent or his or her designee 
4shall report all such firearm-related incidents occurring in a 
5school or on school property to the local law enforcement 
6authorities no later than 24 hours after the occurrence of the 
7incident and to the Illinois State Police in a form, manner, 
8and frequency as prescribed by the Illinois State Police.
9 The State Board of Education shall receive an annual 
10statistical compilation and related data associated with 
11incidents involving firearms in schools from the Illinois 
12State Police. As used in this Section, the term "firearm" 
13shall have the meaning ascribed to it in Section 2-7.5 of the 
14Criminal Code of 2012 1.1 of the Firearm Owners Identification 
15Card Act.
16(Source: P.A. 102-538, eff. 8-20-21.)

17 Section 105. The Illinois Explosives Act is amended by 
18changing Section 2005 as follows:

19 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
20 Sec. 2005. Qualifications for licensure. 
21 (a) No person shall qualify to hold a license who:
22  (1) is under 21 years of age;
23  (2) has been convicted in any court of a crime 
24 punishable by imprisonment for a term exceeding one year;
 
 
HB5199- 108 -LRB103 38448 RLC 68584 b


1  (3) is under indictment for a crime punishable by 
2 imprisonment for a term exceeding one year;
3  (4) is a fugitive from justice;
4  (5) is an unlawful user of or addicted to any 
5 controlled substance as defined in Section 102 of the 
6 federal Controlled Substances Act (21 U.S.C. Sec. 802 et 
7 seq.);
8  (6) has been adjudicated a person with a mental 
9 disability as defined in Section 6-103.1 of the Mental 
10 Health and Developmental Disabilities Code 1.1 of the 
11 Firearm Owners Identification Card Act; or
12  (7) is not a legal citizen of the United States or 
13 lawfully admitted for permanent residence.
14 (b) A person who has been granted a "relief from 
15disabilities" regarding criminal convictions and indictments, 
16pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. 
17845) may receive a license provided all other qualifications 
18under this Act are met. 
19(Source: P.A. 101-541, eff. 8-23-19.)

20 Section 110. The Private Detective, Private Alarm, Private 
21Security, and Locksmith Act of 2004 is amended by changing 
22Sections 35-30 and 35-35 as follows:

23 (225 ILCS 447/35-30)
24 (Section scheduled to be repealed on January 1, 2029)
 
 
HB5199- 109 -LRB103 38448 RLC 68584 b


1 Sec. 35-30. Employee requirements. All employees of a 
2licensed agency, other than those exempted, shall apply for a 
3permanent employee registration card. The holder of an agency 
4license issued under this Act, known in this Section as 
5"employer", may employ in the conduct of the employer's 
6business employees under the following provisions: 
7 (a) No person shall be issued a permanent employee 
8registration card who:
9  (1) Is younger than 18 years of age.
10  (2) Is younger than 21 years of age if the services 
11 will include being armed.
12  (3) Has been determined by the Department to be unfit 
13 by reason of conviction of an offense in this or another 
14 state, including registration as a sex offender, but not 
15 including a traffic offense. Persons convicted of felonies 
16 involving bodily harm, weapons, violence, or theft within 
17 the previous 10 years shall be presumed to be unfit for 
18 registration. The Department shall adopt rules for making 
19 those determinations that shall afford the applicant due 
20 process of law.
21  (4) Has had a license or permanent employee 
22 registration card denied, suspended, or revoked under this 
23 Act (i) within one year before the date the person's 
24 application for permanent employee registration card is 
25 received by the Department; and (ii) that refusal, denial, 
26 suspension, or revocation was based on any provision of 
 
 
HB5199- 110 -LRB103 38448 RLC 68584 b


1 this Act other than Section 40-50, item (6) or (8) of 
2 subsection (a) of Section 15-10, subsection (b) of Section 
3 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
4 subsection (b) of Section 20-10, item (6) or (8) of 
5 subsection (a) of Section 25-10, subsection (b) of Section 
6 25-10, item (7) of subsection (a) of Section 30-10, 
7 subsection (b) of Section 30-10, or Section 10-40.
8  (5) Has been declared incompetent by any court of 
9 competent jurisdiction by reason of mental disease or 
10 defect and has not been restored.
11  (6) Has been dishonorably discharged from the armed 
12 services of the United States. 
13 (b) No person may be employed by a private detective 
14agency, private security contractor agency, private alarm 
15contractor agency, fingerprint vendor agency, or locksmith 
16agency under this Section until the person has executed and 
17furnished to the employer, on forms furnished by the 
18Department, a verified statement to be known as "Employee's 
19Statement" setting forth:
20  (1) The person's full name, age, and residence 
21 address.
22  (2) The business or occupation engaged in for the 5 
23 years immediately before the date of the execution of the 
24 statement, the place where the business or occupation was 
25 engaged in, and the names of employers, if any.
26  (3) That the person has not had a license or employee 
 
 
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1 registration denied, revoked, or suspended under this Act 
2 (i) within one year before the date the person's 
3 application for permanent employee registration card is 
4 received by the Department; and (ii) that refusal, denial, 
5 suspension, or revocation was based on any provision of 
6 this Act other than Section 40-50, item (6) or (8) of 
7 subsection (a) of Section 15-10, subsection (b) of Section 
8 15-10, item (6) or (8) of subsection (a) of Section 20-10, 
9 subsection (b) of Section 20-10, item (6) or (8) of 
10 subsection (a) of Section 25-10, subsection (b) of Section 
11 25-10, item (7) of subsection (a) of Section 30-10, 
12 subsection (b) of Section 30-10, or Section 10-40.
13  (4) Any conviction of a felony or misdemeanor.
14  (5) Any declaration of incompetence by a court of 
15 competent jurisdiction that has not been restored.
16  (6) Any dishonorable discharge from the armed services 
17 of the United States.
18  (7) Any other information as may be required by any 
19 rule of the Department to show the good character, 
20 competency, and integrity of the person executing the 
21 statement.
22 (c) Each applicant for a permanent employee registration 
23card shall have the applicant's fingerprints submitted to the 
24Illinois State Police in an electronic format that complies 
25with the form and manner for requesting and furnishing 
26criminal history record information as prescribed by the 
 
 
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1Illinois State Police. These fingerprints shall be checked 
2against the Illinois State Police and Federal Bureau of 
3Investigation criminal history record databases now and 
4hereafter filed. The Illinois State Police shall charge 
5applicants a fee for conducting the criminal history records 
6check, which shall be deposited in the State Police Services 
7Fund and shall not exceed the actual cost of the records check. 
8The Illinois State Police shall furnish, pursuant to positive 
9identification, records of Illinois convictions to the 
10Department. The Department may require applicants to pay a 
11separate fingerprinting fee, either to the Department or 
12directly to the vendor. The Department, in its discretion, may 
13allow an applicant who does not have reasonable access to a 
14designated vendor to provide the applicant's fingerprints in 
15an alternative manner. The Department, in its discretion, may 
16also use other procedures in performing or obtaining criminal 
17background checks of applicants. Instead of submitting the 
18applicant's fingerprints, an individual may submit proof that 
19is satisfactory to the Department that an equivalent security 
20clearance has been conducted. Also, an individual who has 
21retired as a peace officer within 12 months of application may 
22submit verification, on forms provided by the Department and 
23signed by the applicant's employer, of the applicant's 
24previous full-time employment as a peace officer.
25 (d) The Department shall issue a permanent employee 
26registration card, in a form the Department prescribes, to all 
 
 
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1qualified applicants. The holder of a permanent employee 
2registration card shall carry the card at all times while 
3actually engaged in the performance of the duties of the 
4employee's employment. Expiration and requirements for renewal 
5of permanent employee registration cards shall be established 
6by rule of the Department. Possession of a permanent employee 
7registration card does not in any way imply that the holder of 
8the card is employed by an agency unless the permanent 
9employee registration card is accompanied by the employee 
10identification card required by subsection (f) of this 
11Section.
12 (e) Each employer shall maintain a record of each employee 
13that is accessible to the duly authorized representatives of 
14the Department. The record shall contain the following 
15information:
16  (1) A photograph taken within 10 days of the date that 
17 the employee begins employment with the employer. The 
18 photograph shall be replaced with a current photograph 
19 every 3 calendar years.
20  (2) The Employee's Statement specified in subsection 
21 (b) of this Section.
22  (3) All correspondence or documents relating to the 
23 character and integrity of the employee received by the 
24 employer from any official source or law enforcement 
25 agency.
26  (4) In the case of former employees, the employee 
 
 
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1 identification card of that person issued under subsection 
2 (f) of this Section. Each employee record shall duly note 
3 if the employee is employed in an armed capacity. Armed 
4 employee files shall contain a copy of an active firearm 
5 owner's identification card and a copy of an active 
6 firearm control card. Each employer shall maintain a 
7 record for each armed employee of each instance in which 
8 the employee's weapon was discharged during the course of 
9 the employee's professional duties or activities. The 
10 record shall be maintained on forms provided by the 
11 Department, a copy of which must be filed with the 
12 Department within 15 days of an instance. The record shall 
13 include the date and time of the occurrence, the 
14 circumstances involved in the occurrence, and any other 
15 information as the Department may require. Failure to 
16 provide this information to the Department or failure to 
17 maintain the record as a part of each armed employee's 
18 permanent file is grounds for disciplinary action. The 
19 Department, upon receipt of a report, shall have the 
20 authority to make any investigation it considers 
21 appropriate into any occurrence in which an employee's 
22 weapon was discharged and to take disciplinary action as 
23 may be appropriate.
24  (5) A copy of the employee's permanent employee 
25 registration card or a copy of the Department's "License 
26 Lookup" Webpage showing that the employee has been issued 
 
 
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1 a valid permanent employee registration card by the 
2 Department.  
3 The Department may, by rule, prescribe further record 
4requirements.
5 (f) Every employer shall furnish an employee 
6identification card to each of the employer's employees. This 
7employee identification card shall contain a recent photograph 
8of the employee, the employee's name, the name and agency 
9license number of the employer, the employee's personal 
10description, the signature of the employer, the signature of 
11that employee, the date of issuance, and an employee 
12identification card number.
13 (g) No employer may issue an employee identification card 
14to any person who is not employed by the employer in accordance 
15with this Section or falsely state or represent that a person 
16is or has been in the employer's employ. It is unlawful for an 
17applicant for registered employment to file with the 
18Department the fingerprints of a person other than himself or 
19herself.
20 (h) Every employer shall obtain the identification card of 
21every employee who terminates employment with the employer.
22 (i) Every employer shall maintain a separate roster of the 
23names of all employees currently working in an armed capacity 
24and submit the roster to the Department on request.
25 (j) No agency may employ any person to perform a licensed 
26activity under this Act unless the person possesses a valid 
 
 
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1permanent employee registration card or a valid license under 
2this Act, or is exempt pursuant to subsection (n).
3 (k) Notwithstanding the provisions of subsection (j), an 
4agency may employ a person in a temporary capacity if all of 
5the following conditions are met:
6  (1) The agency completes in its entirety and submits 
7 to the Department an application for a permanent employee 
8 registration card, including the required fingerprint 
9 receipt and fees.
10  (2) The agency has verification from the Department 
11 that the applicant has no record of any criminal 
12 conviction pursuant to the criminal history check 
13 conducted by the Illinois State Police. The agency shall 
14 maintain the verification of the results of the Illinois 
15 State Police criminal history check as part of the 
16 employee record as required under subsection (e) of this 
17 Section.
18  (3) The agency exercises due diligence to ensure that 
19 the person is qualified under the requirements of this Act 
20 to be issued a permanent employee registration card.
21  (4) The agency maintains a separate roster of the 
22 names of all employees whose applications are currently 
23 pending with the Department and submits the roster to the 
24 Department on a monthly basis. Rosters are to be 
25 maintained by the agency for a period of at least 24 
26 months.
 
 
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1 An agency may employ only a permanent employee applicant 
2for which it either submitted a permanent employee application 
3and all required forms and fees or it confirms with the 
4Department that a permanent employee application and all 
5required forms and fees have been submitted by another agency, 
6licensee or the permanent employee and all other requirements 
7of this Section are met.
8 The Department shall have the authority to revoke, without 
9a hearing, the temporary authority of an individual to work 
10upon receipt of Federal Bureau of Investigation fingerprint 
11data or a report of another official authority indicating a 
12criminal conviction. If the Department has not received a 
13temporary employee's Federal Bureau of Investigation 
14fingerprint data within 120 days of the date the Department 
15received the Illinois State Police fingerprint data, the 
16Department may, at its discretion, revoke the employee's 
17temporary authority to work with 15 days written notice to the 
18individual and the employing agency.
19 An agency may not employ a person in a temporary capacity 
20if it knows or reasonably should have known that the person has 
21been convicted of a crime under the laws of this State, has 
22been convicted in another state of any crime that is a crime 
23under the laws of this State, has been convicted of any crime 
24in a federal court, or has been posted as an unapproved 
25applicant by the Department. Notice by the Department to the 
26agency, via certified mail, personal delivery, electronic 
 
 
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1mail, or posting on the Department's Internet site accessible 
2to the agency that the person has been convicted of a crime 
3shall be deemed constructive knowledge of the conviction on 
4the part of the agency. The Department may adopt rules to 
5implement this subsection (k).
6 (l) No person may be employed under this Section in any 
7capacity if:
8  (1) the person, while so employed, is being paid by 
9 the United States or any political subdivision for the 
10 time so employed in addition to any payments the person 
11 may receive from the employer; or
12  (2) the person wears any portion of the person's 
13 official uniform, emblem of authority, or equipment while 
14 so employed.
15 (m) If information is discovered affecting the 
16registration of a person whose fingerprints were submitted 
17under this Section, the Department shall so notify the agency 
18that submitted the fingerprints on behalf of that person.
19 (n) Peace officers shall be exempt from the requirements 
20of this Section relating to permanent employee registration 
21cards. The agency shall remain responsible for any peace 
22officer employed under this exemption, regardless of whether 
23the peace officer is compensated as an employee or as an 
24independent contractor and as further defined by rule.
25 (o) Persons who have no access to confidential or security 
26information, who do not go to a client's or prospective 
 
 
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1client's residence or place of business, and who otherwise do 
2not provide traditional security services are exempt from 
3employee registration. Examples of exempt employees include, 
4but are not limited to, employees working in the capacity of 
5ushers, directors, ticket takers, cashiers, drivers, and 
6reception personnel. Confidential or security information is 
7that which pertains to employee files, scheduling, client 
8contracts, or technical security and alarm data.
9 (p) An applicant who is 21 years of age or older seeking a 
10religious exemption to the photograph requirement of this 
11Section shall furnish with the application an approved copy of 
12United States Department of the Treasury Internal Revenue 
13Service Form 4029. Regardless of age, an applicant seeking a 
14religious exemption to this photograph requirement shall 
15submit fingerprints in a form and manner prescribed by the 
16Department with the applicant's application in lieu of a 
17photograph. 
18(Source: P.A. 102-538, eff. 8-20-21; 103-309, eff. 1-1-24.)

19 (225 ILCS 447/35-35)
20 (Section scheduled to be repealed on January 1, 2029)
21 Sec. 35-35. Requirement of a firearm control card. 
22 (a) No person shall perform duties that include the use, 
23carrying, or possession of a firearm in the performance of 
24those duties without complying with the provisions of this 
25Section and having been issued a valid firearm control card by 
 
 
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1the Department.
2 (b) No employer shall employ any person to perform the 
3duties for which licensure or employee registration is 
4required and allow that person to carry a firearm unless that 
5person has complied with all the firearm training requirements 
6of this Section and has been issued a firearm control card. 
7This Act permits only the following to carry firearms while 
8actually engaged in the performance of their duties or while 
9commuting directly to or from their places of employment: 
10persons licensed as private detectives and their registered 
11employees; persons licensed as private security contractors 
12and their registered employees; persons licensed as private 
13alarm contractors and their registered employees; and 
14employees of a registered armed proprietary security force.
15 (c) Possession of a valid firearm control card allows a 
16licensee or employee to carry a firearm not otherwise 
17prohibited by law while the licensee or employee is engaged in 
18the performance of the licensee's or employee's duties or 
19while the licensee or employee is commuting directly to or 
20from the licensee's or employee's place or places of 
21employment.
22 (d) The Department shall issue a firearm control card to a 
23person who has passed an approved firearm training course, who 
24is currently licensed or employed by an agency licensed by 
25this Act and has met all the requirements of this Act, and who 
26is not prohibited under State or federal law from possessing a 
 
 
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1firearm possesses a valid firearm owner identification card. 
2Application for the firearm control card shall be made by the 
3employer to the Department on forms provided by the 
4Department. The Department shall forward the card to the 
5employer who shall be responsible for its issuance to the 
6licensee or employee. The firearm control card shall be issued 
7by the Department and shall identify the person holding it and 
8the name of the course where the licensee or employee received 
9firearm instruction and shall specify the type of weapon or 
10weapons the person is authorized by the Department to carry 
11and for which the person has been trained.
12 (e) Expiration and requirements for renewal of firearm 
13control cards shall be determined by rule.
14 (f) The Department may, in addition to any other 
15disciplinary action permitted by this Act, refuse to issue, 
16suspend, or revoke a firearm control card if the applicant or 
17holder has been convicted of any felony or crime involving the 
18illegal use, carrying, or possession of a deadly weapon or for 
19a violation of this Act or rules adopted promulgated under 
20this Act. The Department shall refuse to issue or shall revoke 
21a firearm control card if the applicant or holder is 
22prohibited under State or federal law from possessing a 
23firearm fails to possess a valid firearm owners identification 
24card without hearing. The Secretary shall summarily suspend a 
25firearm control card if the Secretary finds that its continued 
26use would constitute an imminent danger to the public. A 
 
 
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1hearing shall be held before the Board within 30 days if the 
2Secretary summarily suspends a firearm control card.
3 (g) Notwithstanding any other provision of this Act to the 
4contrary, all requirements relating to firearms control cards 
5do not apply to a peace officer. If an individual ceases to be 
6employed as a peace officer and continues to perform services 
7in an armed capacity under this Act that are licensed 
8activities, then the individual is required to obtain a 
9permanent employee registration card pursuant to Section 35-30 
10of this Act and must possess a valid Firearm Owner's 
11Identification Card, but is not required to obtain a firearm 
12control card if the individual is otherwise in continuing 
13compliance with the federal Law Enforcement Officers Safety 
14Act of 2004. If an individual elects to carry a firearm 
15pursuant to the federal Law Enforcement Officers Safety Act of 
162004, then the agency employing the officer shall submit an 
17application to the Department for issuance of a waiver card 
18along with a fee specified by rule. 
19 (h) The Department may issue a temporary firearm control 
20card pending issuance of a new firearm control card upon an 
21agency's acquiring of an established armed account. An agency 
22that has acquired armed employees as a result of acquiring an 
23established armed account may, on forms supplied by the 
24Department, request the issuance of a temporary firearm 
25control card for each acquired employee who held a valid 
26firearm control card under the employer's employment with the 
 
 
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1newly acquired established armed account immediately preceding 
2the acquiring of the account and who continues to meet all of 
3the qualifications for issuance of a firearm control card set 
4forth in this Act and any rules adopted under this Act. The 
5Department shall, by rule, set the fee for issuance of a 
6temporary firearm control card. 
7 (i) The Department shall not issue a firearm control card 
8to a licensed fingerprint vendor or a licensed locksmith or 
9employees of a licensed fingerprint vendor agency or a 
10licensed locksmith agency. 
11(Source: P.A. 103-309, eff. 1-1-24.)

12 Section 115. The Illinois Gambling Act is amended by 
13changing Section 5.4 as follows:

14 (230 ILCS 10/5.4)
15 Sec. 5.4. Retiring investigators; purchase of service 
16firearm and badge. The Board shall establish a program to 
17allow an investigator appointed under paragraph (20.6) of 
18subsection (c) of Section 4 who is honorably retiring in good 
19standing to purchase either one or both of the following: (1) 
20any badge previously issued to the investigator by the Board; 
21or (2) if the investigator has a currently valid Firearm 
22Owner's Identification Card, the service firearm issued or 
23previously issued to the investigator by the Board. The badge 
24must be permanently and conspicuously marked in such a manner 
 
 
HB5199- 124 -LRB103 38448 RLC 68584 b


1that the individual who possesses the badge is not mistaken 
2for an actively serving law enforcement officer. The cost of 
3the firearm shall be the replacement value of the firearm and 
4not the firearm's fair market value.
5(Source: P.A. 102-719, eff. 5-6-22.)

6 Section 120. The Mental Health and Developmental 
7Disabilities Code is amended by changing Sections 1-106, 
81-116, 6-103.1, 6-103.2, and 6-103.3 as follows:

9 (405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)
10 Sec. 1-106. "Developmental disability" means a severe, 
11chronic disability, other than mental illness, found to be 
12closely related to an intellectual disability because this 
13condition results in impairment of general intellectual 
14functioning or adaptive behavior similar to that of persons 
15with ID, and requires services similar to those required for a 
16person with an intellectual disability. In addition, a 
17developmental disability: (1) is manifested before the 
18individual reaches 22 years of age; (2) is likely to continue 
19indefinitely; (3) results in substantial functional 
20limitations in three or more of the following areas of major 
21life activity: self-care, receptive and expressive language, 
22learning, mobility, self-direction, capacity for independent 
23living, or economic self-sufficiency; and (4) reflects the 
24individual's need for a combination and sequence of special 
 
 
HB5199- 125 -LRB103 38448 RLC 68584 b


1interdisciplinary or generic services, individualized 
2supports, or other forms of assistance that are of lifelong or 
3extended duration and are individually planned and 
4coordinated. This definition does not supersede the 
5"developmental disability" definition in Section 1.1 of the 
6Firearm Owners Identification Card Act which is required to be 
7applied under that Act for the purpose of mandatory reporting.
8(Source: P.A. 102-972, eff. 1-1-23.)

9 (405 ILCS 5/1-116) (from Ch. 91 1/2, par. 1-116)
10 Sec. 1-116. Intellectual disability. "Intellectual 
11disability" means a disorder with onset during the 
12developmental period (before the individual reaches age 22), 
13that includes both intellectual and adaptive deficits in 
14conceptual, social and practical domains. The following 3 
15criteria must be met: (1) deficits in intellectual functions 
16such as reasoning, problem solving, planning, abstract 
17thinking, judgment, academic learning, and learning from 
18experience confirmed by both clinical assessment and 
19individualized, standardized intelligence testing (generally 
20indicated with an IQ score of about 70 or below), (2) deficits 
21in adaptive functioning that result in failure to meet 
22developmental and sociocultural standards for personal 
23independence and social responsibility. Without ongoing 
24support, the adaptive deficits limit functioning in one or 
25more activities of daily life, such as communication, social 
 
 
HB5199- 126 -LRB103 38448 RLC 68584 b


1participation, and independent living, across multiple 
2environments, such as home, school, work, and community, and 
3(3) onset of intellectual and adaptive deficits during the 
4developmental period. This definition does not supersede the 
5"intellectual disability" definition in Section 1.1 of the 
6Firearm Owners Identification Card Act which is required to be 
7applied under that Act for the purpose of mandatory reporting.
8(Source: P.A. 102-972, eff. 1-1-23.)

9 (405 ILCS 5/6-103.1)
10 Sec. 6-103.1. Adjudication as a person with a mental 
11disability. When a person has been adjudicated as a person 
12with a mental disability as defined in Section 1.1 of the 
13Firearm Owners Identification Card Act, including, but not 
14limited to, an adjudication as a person with a disability as 
15defined in Section 11a-2 of the Probate Act of 1975, the court 
16shall direct the circuit court clerk to notify the Illinois 
17State Police, Firearm Owner's Identification (FOID) Office, in 
18a form and manner prescribed by the Illinois State Police, and 
19shall forward a copy of the court order to the Department no 
20later than 7 days after the entry of the order. Upon receipt of 
21the order, the Illinois State Police shall provide 
22notification to the National Instant Criminal Background Check 
23System. In this Section, "has been adjudicated as a mentally 
24disabled person" means the person is the subject of a 
25determination by a court, board, commission, or other lawful 
 
 
HB5199- 127 -LRB103 38448 RLC 68584 b


1authority that the person, as a result of marked subnormal 
2intelligence, or mental illness, mental impairment, 
3incompetency, condition, or disease:
4  (1) presents a clear and present danger to himself, 
5 herself, or to others; 
6  (2) lacks the mental capacity to manage his or her own 
7 affairs or is adjudicated a disabled person as defined in 
8 Section 11a-2 of the Probate Act of 1975;
9  (3) is not guilty in a criminal case by reason of 
10 insanity, mental disease or defect;
11  (3.5) is guilty but mentally ill, as provided in 
12 Section 5-2-6 of the Unified Code of Corrections; 
13  (4) is unfit to stand trial in a criminal case;
14  (5) is not guilty by reason of lack of mental 
15 responsibility under Articles 50a and 72b of the Uniform 
16 Code of Military Justice, 10 U.S.C. 850a, 876b;
17  (6) is a sexually violent person under subsection (f) 
18 of Section 5 of the Sexually Violent Persons Commitment 
19 Act;
20  (7) is a sexually dangerous person under the Sexually 
21 Dangerous Persons Act;
22  (8) is unfit to stand trial under the Juvenile Court 
23 Act of 1987;
24  (9) is not guilty by reason of insanity under the 
25 Juvenile Court Act of 1987;
26  (10) is a person subject to involuntary admission on 
 
 
HB5199- 128 -LRB103 38448 RLC 68584 b


1 an inpatient basis as defined in Section 1-119 of the 
2 Mental Health and Developmental Disabilities Code;
3  (11) is a person subject to involuntary admission on 
4 an outpatient basis as defined in Section 1-119.1 of the 
5 Mental Health and Developmental Disabilities Code;
6  (12) is subject to judicial admission as set forth in 
7 Section 4-500 of the Mental Health and Developmental 
8 Disabilities Code; or
9  (13) is subject to the provisions of the Interstate 
10 Agreements on Sexually Dangerous Persons Act. 
11(Source: P.A. 102-538, eff. 8-20-21.)

12 (405 ILCS 5/6-103.2)
13 Sec. 6-103.2. Developmental disability; notice. If a 
14person 14 years old or older is determined to be a person with 
15a developmental disability by a physician, clinical 
16psychologist, or qualified examiner, the physician, clinical 
17psychologist, or qualified examiner shall notify the 
18Department of Human Services within 7 days of making the 
19determination that the person has a developmental disability. 
20The Department of Human Services shall immediately update its 
21records and information relating to mental health and 
22developmental disabilities, and if appropriate, shall notify 
23the Illinois State Police in a form and manner prescribed by 
24the Illinois State Police. Information disclosed under this 
25Section shall remain privileged and confidential, and shall 
 
 
HB5199- 129 -LRB103 38448 RLC 68584 b


1not be redisclosed, except as required under paragraph (2) of 
2subsection (e) of Section 24-4.5 of the Criminal Code of 2012 
3subsection (e) of Section 3.1 of the Firearm Owners 
4Identification Card Act, nor used for any other purpose. The 
5method of providing this information shall guarantee that the 
6information is not released beyond that which is necessary for 
7the purpose of this Section and shall be provided by rule by 
8the Department of Human Services. The identity of the person 
9reporting under this Section shall not be disclosed to the 
10subject of the report.
11 The physician, clinical psychologist, or qualified 
12examiner making the determination and his or her employer may 
13not be held criminally, civilly, or professionally liable for 
14making or not making the notification required under this 
15Section, except for willful or wanton misconduct.
16 In this Section, "developmentally disabled" has the 
17meaning ascribed to it in Section 12 of the Mental Health and 
18Developmental Disabilities Confidentiality Act. 
19 In For purposes of this Section, "developmental 
20disability" means a disability which is attributable to any 
21other condition which results in impairment similar to that 
22caused by an intellectual disability and which requires 
23services similar to those required by intellectually disabled 
24persons. The disability must originate before the age of 18 
25years, be expected to continue indefinitely, and constitute a 
26substantial disability. This disability results, in the 
 
 
HB5199- 130 -LRB103 38448 RLC 68584 b


1professional opinion of a physician, clinical psychologist, or 
2qualified examiner, in significant functional limitations in 3 
3or more of the following areas of major life activity:
4  (i) self-care;
5  (ii) receptive and expressive language;
6  (iii) learning;
7  (iv) mobility; or
8  (v) self-direction.
9 "Determined to be a person with a developmental disability 
10by a physician, clinical psychologist, or qualified examiner" 
11means in the professional opinion of the physician, clinical 
12psychologist, or qualified examiner, a person is diagnosed, 
13assessed, or evaluated as having a developmental disability. 
14(Source: P.A. 102-538, eff. 8-20-21.)

15 (405 ILCS 5/6-103.3)
16 Sec. 6-103.3. Clear and present danger; notice. If a 
17person is determined to pose a clear and present danger to 
18himself, herself, or to others by a physician, clinical 
19psychologist, or qualified examiner, whether employed by the 
20State, by any public or private mental health facility or part 
21thereof, or by a law enforcement official or a school 
22administrator, then the physician, clinical psychologist, 
23qualified examiner shall notify the Department of Human 
24Services and a law enforcement official or school 
25administrator shall notify the Illinois State Police, within 
 
 
HB5199- 131 -LRB103 38448 RLC 68584 b


124 hours of making the determination that the person poses a 
2clear and present danger. The Department of Human Services 
3shall immediately update its records and information relating 
4to mental health and developmental disabilities, and if 
5appropriate, shall notify the Illinois State Police in a form 
6and manner prescribed by the Illinois State Police. 
7Information disclosed under this Section shall remain 
8privileged and confidential, and shall not be redisclosed, 
9except as required under paragraph (2) of subsection (e) of 
10Section 24-4.5 of the Criminal Code of 2012 subsection (e) of 
11Section 3.1 of the Firearm Owners Identification Card Act, nor 
12used for any other purpose. The method of providing this 
13information shall guarantee that the information is not 
14released beyond that which is necessary for the purpose of 
15this Section and shall be provided by rule by the Department of 
16Human Services. The identity of the person reporting under 
17this Section shall not be disclosed to the subject of the 
18report. The physician, clinical psychologist, qualified 
19examiner, law enforcement official, or school administrator 
20making the determination and his or her employer shall not be 
21held criminally, civilly, or professionally liable for making 
22or not making the notification required under this Section, 
23except for willful or wanton misconduct. This Section does not 
24apply to a law enforcement official, if making the 
25notification under this Section will interfere with an ongoing 
26or pending criminal investigation.
 
 
HB5199- 132 -LRB103 38448 RLC 68584 b


1 In For the purposes of this Section:
2  "Clear and present danger" means a person who: 
3   (1) communicates a serious threat of physical 
4 violence against a reasonably identifiable victim or 
5 poses a clear and imminent risk of serious physical 
6 injury to himself, herself, or another person as 
7 determined by a physician, clinical psychologist, or 
8 qualified examiner; or
9   (2) demonstrates threatening physical or verbal 
10 behavior, such as violent, suicidal, or assaultive 
11 threats, actions, or other behavior, as determined by 
12 a physician, clinical psychologist, qualified 
13 examiner, school administrator, or law enforcement 
14 official. 
15  "Physician", "clinical psychologist", and "qualified 
16 examiner" have the meanings ascribed to them in the Mental 
17 Health and Developmental Disabilities Code has the meaning 
18 ascribed to it in Section 1.1 of the Firearm Owners 
19 Identification Card Act.
20  "Determined to pose a clear and present danger to 
21 himself, herself, or to others by a physician, clinical 
22 psychologist, or qualified examiner" means in the 
23 professional opinion of the physician, clinical 
24 psychologist, or qualified examiner, a person poses a 
25 clear and present danger. 
26  "School administrator" means the person required to 
 
 
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1 report under the School Administrator Reporting of Mental 
2 Health Clear and Present Danger Determinations Law.
3(Source: P.A. 102-538, eff. 8-20-21.)

4 Section 125. The Lead Poisoning Prevention Act is amended 
5by changing Section 2 as follows:

6 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
7 Sec. 2. Definitions. As used in this Act:
8 "Child care facility" means any structure used by a child 
9care provider licensed by the Department of Children and 
10Family Services or public or private school structure 
11frequented by children 6 years of age or younger.
12 "Childhood Lead Risk Questionnaire" means the 
13questionnaire developed by the Department for use by 
14physicians and other health care providers to determine risk 
15factors for children 6 years of age or younger residing in 
16areas designated as low risk for lead exposure.
17 "Delegate agency" means a unit of local government or 
18health department approved by the Department to carry out the 
19provisions of this Act.
20 "Department" means the Department of Public Health.
21 "Director" means the Director of Public Health. 
22 "Dwelling unit" means an individual unit within a 
23residential building used as living quarters for one 
24household. 
 
 
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1 "Elevated blood lead level" means a blood lead level in 
2excess of the limits established under State rules. 
3 "Exposed surface" means any interior or exterior surface 
4of a regulated facility. 
5 "High risk area" means an area in the State determined by 
6the Department to be high risk for lead exposure for children 6 
7years of age or younger. The Department may consider, but is 
8not limited to, the following factors to determine a high risk 
9area: age and condition (using Department of Housing and Urban 
10Development definitions of "slum" and "blighted") of housing, 
11proximity to highway traffic or heavy local traffic or both, 
12percentage of housing determined as rental or vacant, 
13proximity to industry using lead, established incidence of 
14elevated blood lead levels in children, percentage of 
15population living below 200% of federal poverty guidelines, 
16and number of children residing in the area who are 6 years of 
17age or younger.
18 "Lead abatement" means any approved work practices that 
19will permanently eliminate lead exposure or remove the 
20lead-bearing substances in a regulated facility. The 
21Department shall establish by rule which work practices are 
22approved or prohibited for lead abatement. 
23 "Lead abatement contractor" means any person or entity 
24licensed by the Department to perform lead abatement and 
25mitigation.
26 "Lead abatement supervisor" means any person employed by a 
 
 
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1lead abatement contractor and licensed by the Department to 
2perform lead abatement and lead mitigation and to supervise 
3lead workers who perform lead abatement and lead mitigation. 
4 "Lead abatement worker" means any person employed by a 
5lead abatement contractor and licensed by the Department to 
6perform lead abatement and mitigation.
7 "Lead activities" means the conduct of any lead services, 
8including, lead inspection, lead risk assessment, lead 
9mitigation, or lead abatement work or supervision in a 
10regulated facility. 
11 "Lead-bearing substance" means any item containing or 
12coated with lead such that the lead content is more than 
13six-hundredths of one percent (0.06%) lead by total weight; or 
14any dust on surfaces or in furniture or other nonpermanent 
15elements of the regulated facility; or any paint or other 
16surface coating material containing more than five-tenths of 
17one percent (0.5%) lead by total weight (calculated as lead 
18metal) in the total non-volatile content of liquid paint; or 
19lead-bearing substances containing greater than one milligram 
20per square centimeter or any lower standard for lead content 
21in residential paint as may be established by federal law or 
22rule; or more than 1 milligram per square centimeter in the 
23dried film of paint or previously applied substance; or item 
24or dust on item containing lead in excess of the amount 
25specified in the rules authorized by this Act or a lower 
26standard for lead content as may be established by federal law 
 
 
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1or rule. "Lead-bearing substance" does not include firearm 
2ammunition or components as defined by Section 2-7.1 of the 
3Criminal Code of 2012 the Firearm Owners Identification Card 
4Act.
5 "Lead hazard" means a lead-bearing substance that poses an 
6immediate health hazard to humans.
7 "Lead hazard screen" means a lead risk assessment that 
8involves limited dust and paint sampling for lead-bearing 
9substances and lead hazards. This service is used as a 
10screening tool designed to determine if further lead 
11investigative services are required for the regulated 
12facility.
13 "Lead inspection" means a surface-by-surface investigation 
14to determine the presence of lead-based paint.
15 "Lead inspector" means an individual who has been trained 
16by a Department-approved training program and is licensed by 
17the Department to conduct lead inspections; to sample for the 
18presence of lead in paint, dust, soil, and water; and to 
19conduct compliance investigations. 
20 "Lead mitigation" means the remediation, in a manner 
21described in Section 9, of a lead hazard so that the 
22lead-bearing substance does not pose an immediate health 
23hazard to humans. 
24 "Lead poisoning" means having an elevated blood lead 
25level.
26 "Lead risk assessment" means an on-site investigation to 
 
 
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1determine the existence, nature, severity, and location of 
2lead hazards. "Lead risk assessment" includes any lead 
3sampling and visual assessment associated with conducting a 
4lead risk assessment and lead hazard screen and all lead 
5sampling associated with compliance investigations.
6 "Lead risk assessor" means an individual who has been 
7trained by a Department-approved training program and is 
8licensed by the Department to conduct lead risk assessments, 
9lead inspections, and lead hazard screens; to sample for the 
10presence of lead in paint, dust, soil, water, and sources for 
11lead-bearing substances; and to conduct compliance 
12investigations.
13 "Lead training program provider" means any person 
14providing Department-approved lead training in Illinois to 
15individuals seeking licensure in accordance with the Act. 
16 "Low risk area" means an area in the State determined by 
17the Department to be low risk for lead exposure for children 6 
18years of age or younger. The Department may consider the 
19factors named in "high risk area" to determine low risk areas. 
20 "Owner" means any person, who alone, jointly, or severally 
21with others:
22  (a) Has legal title to any regulated facility, with or 
23 without actual possession of the regulated facility, or
24  (b) Has charge, care, or control of the regulated 
25 facility as owner or agent of the owner, or as executor, 
26 administrator, trustee, or guardian of the estate of the 
 
 
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1 owner.
2 "Person" means any individual, partnership, firm, company, 
3limited liability company, corporation, association, joint 
4stock company, trust, estate, political subdivision, State 
5agency, or any other legal entity, or their legal 
6representative, agent, or assign.
7 "Regulated facility" means a residential building or child 
8care facility. 
9 "Residential building" means any room, group of rooms, or 
10other interior areas of a structure designed or used for human 
11habitation; common areas accessible by inhabitants; and the 
12surrounding property or structures.
13(Source: P.A. 100-723, eff. 1-1-19.)

14 (430 ILCS 65/Act rep.)
15 Section 130. The Firearm Owners Identification Card Act is 
16repealed.

17 Section 135. The Firearm Concealed Carry Act is amended by 
18changing Sections 25, 30, 40, 66, 70, 80, and 105 as follows:

19 (430 ILCS 66/25)
20 Sec. 25. Qualifications for a license. 
21 The Illinois State Police shall issue a license to an 
22applicant completing an application in accordance with Section 
2330 of this Act if the person:
 
 
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1  (1) is at least 21 years of age;
2  (2) has a currently valid Firearm Owner's 
3 Identification Card and at the time of application meets 
4 the requirements for the issuance of a Firearm Owner's 
5 Identification Card and is not prohibited under State the 
6 Firearm Owners Identification Card Act or federal law from 
7 possessing or receiving a firearm;
8  (3) has not been convicted or found guilty in this 
9 State or in any other state of:
10   (A) a misdemeanor involving the use or threat of 
11 physical force or violence to any person within the 5 
12 years preceding the date of the license application; 
13 or
14   (B) 2 or more violations related to driving while 
15 under the influence of alcohol, other drug or drugs, 
16 intoxicating compound or compounds, or any combination 
17 thereof, within the 5 years preceding the date of the 
18 license application;
19  (4) is not the subject of a pending arrest warrant, 
20 prosecution, or proceeding for an offense or action that 
21 could lead to disqualification to own or possess a 
22 firearm;
23  (5) has not been in residential or court-ordered 
24 treatment for alcoholism, alcohol detoxification, or drug 
25 treatment within the 5 years immediately preceding the 
26 date of the license application; and
 
 
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1  (6) has completed firearms training and any education 
2 component required under Section 75 of this Act.
3(Source: P.A. 102-538, eff. 8-20-21.)

4 (430 ILCS 66/30)
5 Sec. 30. Contents of license application. 
6 (a) The license application shall be in writing, under 
7penalty of perjury, on a standard form adopted by the Illinois 
8State Police and shall be accompanied by the documentation 
9required in this Section and the applicable fee. Each 
10application form shall include the following statement printed 
11in bold type: "Warning: Entering false information on this 
12form is punishable as perjury under Section 32-2 of the 
13Criminal Code of 2012."
14 (b) The application shall contain the following:
15  (1) the applicant's name, current address, date and 
16 year of birth, place of birth, height, weight, hair color, 
17 eye color, maiden name or any other name the applicant has 
18 used or identified with, and any address where the 
19 applicant resided for more than 30 days within the 10 
20 years preceding the date of the license application;
21  (2) the applicant's valid driver's license number or 
22 valid state identification card number;
23  (3) a waiver of the applicant's privacy and 
24 confidentiality rights and privileges under all federal 
25 and state laws, including those limiting access to 
 
 
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1 juvenile court, criminal justice, psychological, or 
2 psychiatric records or records relating to any 
3 institutionalization of the applicant, and an affirmative 
4 request that a person having custody of any of these 
5 records provide it or information concerning it to the 
6 Illinois State Police. The waiver only applies to records 
7 sought in connection with determining whether the 
8 applicant qualifies for a license to carry a concealed 
9 firearm under this Act, or whether the applicant remains 
10 in compliance with the Firearm Owners Identification Card 
11 Act;
12  (4) an affirmation that the applicant is not 
13 prohibited under State or federal law from possessing or 
14 receiving a firearm possesses a currently valid Firearm 
15 Owner's Identification Card and card number if possessed 
16 or notice the applicant is applying for a Firearm Owner's 
17 Identification Card in conjunction with the license 
18 application;
19  (5) an affirmation that the applicant has not been 
20 convicted or found guilty of:
21   (A) a felony;
22   (B) a misdemeanor involving the use or threat of 
23 physical force or violence to any person within the 5 
24 years preceding the date of the application; or
25   (C) 2 or more violations related to driving while 
26 under the influence of alcohol, other drug or drugs, 
 
 
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1 intoxicating compound or compounds, or any combination 
2 thereof, within the 5 years preceding the date of the 
3 license application;
4  (6) whether the applicant has failed a drug test for a 
5 drug for which the applicant did not have a prescription, 
6 within the previous year, and if so, the provider of the 
7 test, the specific substance involved, and the date of the 
8 test;
9  (7) written consent for the Illinois State Police to 
10 review and use the applicant's Illinois digital driver's 
11 license or Illinois identification card photograph and 
12 signature;
13  (8) unless submitted under subsection (a-25) of 
14 Section 4 of the Firearm Owners Identification Card Act, a 
15 full set of fingerprints submitted to the Illinois State 
16 Police in electronic format, provided the Illinois State 
17 Police may accept an application submitted without a set 
18 of fingerprints, in which case the Illinois State Police 
19 shall be granted 30 days in addition to the 90 days 
20 provided under subsection (e) of Section 10 of this Act to 
21 issue or deny a license;
22  (9) a head and shoulder color photograph in a size 
23 specified by the Illinois State Police taken within the 30 
24 days preceding the date of the license application; and
25  (10) a photocopy of any certificates or other evidence 
26 of compliance with the training requirements under this 
 
 
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1 Act.
2(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
3102-813, eff. 5-13-22.)

4 (430 ILCS 66/40)
5 Sec. 40. Non-resident license applications. 
6 (a) For the purposes of this Section, "non-resident" means 
7a person who has not resided within this State for more than 30 
8days and resides in another state or territory.
9 (b) The Illinois State Police shall by rule allow for 
10non-resident license applications from any state or territory 
11of the United States with laws related to firearm ownership, 
12possession, and carrying, that are substantially similar to 
13the requirements to obtain a license under this Act.
14 (c) A resident of a state or territory approved by the 
15Illinois State Police under subsection (b) of this Section may 
16apply for a non-resident license. The applicant shall apply to 
17the Illinois State Police and must meet all of the 
18qualifications established in Section 25 of this Act, except 
19for the Illinois residency requirement in item (xiv) of 
20paragraph (2) of subsection (a) of Section 4 of the Firearm 
21Owners Identification Card Act. The applicant shall submit:
22  (1) the application and documentation required under 
23 Section 30 of this Act and the applicable fee;
24  (2) a notarized document stating that the applicant:
25   (A) is eligible under federal law and the laws of 
 
 
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1 his or her state or territory of residence to own or 
2 possess a firearm;
3   (B) if applicable, has a license or permit to 
4 carry a firearm or concealed firearm issued by his or 
5 her state or territory of residence and attach a copy 
6 of the license or permit to the application;
7   (C) understands Illinois laws pertaining to the 
8 possession and transport of firearms; and
9   (D) acknowledges that the applicant is subject to 
10 the jurisdiction of the Illinois State Police and 
11 Illinois courts for any violation of this Act;
12  (3) a photocopy of any certificates or other evidence 
13 of compliance with the training requirements under Section 
14 75 of this Act; and
15  (4) a head and shoulder color photograph in a size 
16 specified by the Illinois State Police taken within the 30 
17 days preceding the date of the application.
18 (d) In lieu of an Illinois driver's license or Illinois 
19identification card, a non-resident applicant shall provide 
20similar documentation from his or her state or territory of 
21residence. The applicant shall submit In lieu of a valid 
22Firearm Owner's Identification Card, the applicant shall 
23submit documentation and information required by the Illinois 
24State Police to obtain a Firearm Owner's Identification Card, 
25including an affidavit that the non-resident meets the mental 
26health standards to obtain a firearm under Illinois law, and 
 
 
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1the Illinois State Police shall ensure that the applicant 
2would meet the eligibility criteria under State law to possess 
3a firearm to obtain a Firearm Owner's Identification card if 
4he or she was a resident of this State.
5 (e) Nothing in this Act shall prohibit a non-resident from 
6transporting a concealed firearm within his or her vehicle in 
7Illinois, if the concealed firearm remains within his or her 
8vehicle and the non-resident:
9  (1) is not prohibited from owning or possessing a 
10 firearm under federal law;
11  (2) is eligible to carry a firearm in public under the 
12 laws of his or her state or territory of residence, as 
13 evidenced by the possession of a concealed carry license 
14 or permit issued by his or her state of residence, if 
15 applicable; and
16  (3) is not in possession of a license under this Act.
17 If the non-resident leaves his or her vehicle unattended, 
18he or she shall store the firearm within a locked vehicle or 
19locked container within the vehicle in accordance with 
20subsection (b) of Section 65 of this Act.
21(Source: P.A. 102-538, eff. 8-20-21.)

22 (430 ILCS 66/66)
23 Sec. 66. Illinois State Police to monitor databases for 
24firearms prohibitors. The Illinois State Police shall 
25continuously monitor relevant State and federal databases for 
 
 
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1firearms prohibitors and correlate those records with 
2concealed carry license holders to ensure compliance with this 
3Act and any other State and federal laws. As used in this 
4Section, "firearms prohibitor" means any factor listed in 
5Section 8 or Section 8.2 of the Firearm Owners Identification 
6Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012 
7that prohibits a person from transferring or possessing a 
8firearm, firearm ammunition, Firearm Owner's Identification 
9Card, or concealed carry license.
10(Source: P.A. 102-237, eff. 1-1-22.)

11 (430 ILCS 66/70)
12 Sec. 70. Violations. 
13 (a) A license issued or renewed under this Act shall be 
14revoked if, at any time, the licensee is found to be ineligible 
15for a license under this Act or the licensee is prohibited from 
16possessing a firearm under State or federal law no longer 
17meets the eligibility requirements of the Firearm Owners 
18Identification Card Act.
19 (b) A license shall be suspended if an order of 
20protection, including an emergency order of protection, 
21plenary order of protection, or interim order of protection 
22under Article 112A of the Code of Criminal Procedure of 1963 or 
23under the Illinois Domestic Violence Act of 1986, or if a 
24firearms restraining order, including an emergency firearms 
25restraining order, under the Firearms Restraining Order Act, 
 
 
HB5199- 147 -LRB103 38448 RLC 68584 b


1is issued against a licensee for the duration of the order, or 
2if the Illinois State Police is made aware of a similar order 
3issued against the licensee in any other jurisdiction. If an 
4order of protection is issued against a licensee, the licensee 
5shall surrender the license, as applicable, to the court at 
6the time the order is entered or to the law enforcement agency 
7or entity serving process at the time the licensee is served 
8the order. The court, law enforcement agency, or entity 
9responsible for serving the order of protection shall notify 
10the Illinois State Police within 7 days and transmit the 
11license to the Illinois State Police.
12 (c) A license is invalid upon expiration of the license, 
13unless the licensee has submitted an application to renew the 
14license, and the applicant is otherwise eligible to possess a 
15license under this Act.
16 (d) A licensee shall not carry a concealed firearm while 
17under the influence of alcohol, other drug or drugs, 
18intoxicating compound or combination of compounds, or any 
19combination thereof, under the standards set forth in 
20subsection (a) of Section 11-501 of the Illinois Vehicle Code.
21 A licensee in violation of this subsection (d) shall be 
22guilty of a Class A misdemeanor for a first or second violation 
23and a Class 4 felony for a third violation. The Illinois State 
24Police may suspend a license for up to 6 months for a second 
25violation and shall permanently revoke a license for a third 
26violation.
 
 
HB5199- 148 -LRB103 38448 RLC 68584 b


1 (e) Except as otherwise provided, a licensee in violation 
2of this Act shall be guilty of a Class B misdemeanor. A second 
3or subsequent violation is a Class A misdemeanor. The Illinois 
4State Police may suspend a license for up to 6 months for a 
5second violation and shall permanently revoke a license for 3 
6or more violations of Section 65 of this Act. Any person 
7convicted of a violation under this Section shall pay a $150 
8fee to be deposited into the Mental Health Reporting Fund, 
9plus any applicable court costs or fees.
10 (f) A licensee convicted or found guilty of a violation of 
11this Act who has a valid license and is otherwise eligible to 
12carry a concealed firearm shall only be subject to the 
13penalties under this Section and shall not be subject to the 
14penalties under Section 21-6, paragraph (4), (8), or (10) of 
15subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) 
16of paragraph (3) of subsection (a) of Section 24-1.6 of the 
17Criminal Code of 2012. Except as otherwise provided in this 
18subsection, nothing in this subsection prohibits the licensee 
19from being subjected to penalties for violations other than 
20those specified in this Act.
21 (g) A licensee whose license is revoked, suspended, or 
22denied shall, within 48 hours of receiving notice of the 
23revocation, suspension, or denial, surrender his or her 
24concealed carry license to the local law enforcement agency 
25where the person resides. The local law enforcement agency 
26shall provide the licensee a receipt and transmit the 
 
 
HB5199- 149 -LRB103 38448 RLC 68584 b


1concealed carry license to the Illinois State Police. If the 
2licensee whose concealed carry license has been revoked, 
3suspended, or denied fails to comply with the requirements of 
4this subsection, the law enforcement agency where the person 
5resides may petition the circuit court to issue a warrant to 
6search for and seize the concealed carry license in the 
7possession and under the custody or control of the licensee 
8whose concealed carry license has been revoked, suspended, or 
9denied. The observation of a concealed carry license in the 
10possession of a person whose license has been revoked, 
11suspended, or denied constitutes a sufficient basis for the 
12arrest of that person for violation of this subsection. A 
13violation of this subsection is a Class A misdemeanor.
14 (h) (Blank). Except as otherwise provided in subsection 
15(h-5), a license issued or renewed under this Act shall be 
16revoked if, at any time, the licensee is found ineligible for a 
17Firearm Owner's Identification Card, or the licensee no longer 
18possesses a valid Firearm Owner's Identification Card. If the 
19Firearm Owner's Identification Card is expired or suspended 
20rather than denied or revoked, the license may be suspended 
21for a period of up to one year to allow the licensee to 
22reinstate his or her Firearm Owner's Identification Card. The 
23Illinois State Police shall adopt rules to enforce this 
24subsection. A licensee whose license is revoked under this 
25subsection (h) shall surrender his or her concealed carry 
26license as provided for in subsection (g) of this Section. 
 
 
HB5199- 150 -LRB103 38448 RLC 68584 b


1 This subsection shall not apply to a person who has filed 
2an application with the Illinois State Police for renewal of a 
3Firearm Owner's Identification Card and who is not otherwise 
4ineligible to obtain a Firearm Owner's Identification Card.
5 (h-5) (Blank). If the Firearm Owner's Identification Card 
6of a licensee under this Act expires during the term of the 
7license issued under this Act, the license and the Firearm 
8Owner's Identification Card remain valid, and the Illinois 
9State Police may automatically renew the licensee's Firearm 
10Owner's Identification Card as provided in subsection (c) of 
11Section 5 of the Firearm Owners Identification Card Act.
12 (i) A certified firearms instructor who knowingly provides 
13or offers to provide a false certification that an applicant 
14has completed firearms training as required under this Act is 
15guilty of a Class A misdemeanor. A person guilty of a violation 
16of this subsection (i) is not eligible for court supervision. 
17The Illinois State Police shall permanently revoke the 
18firearms instructor certification of a person convicted under 
19this subsection (i). 
20(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
21102-813, eff. 5-13-22.)

22 (430 ILCS 66/80)
23 Sec. 80. Certified firearms instructors. 
24 (a) Within 60 days of the effective date of this Act, the 
25Illinois State Police shall begin approval of certified 
 
 
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1firearms instructors and enter certified firearms instructors 
2into an online registry on the Illinois State Police's 
3website.
4 (b) A person who is not a certified firearms instructor 
5shall not teach applicant training courses or advertise or 
6otherwise represent courses they teach as qualifying their 
7students to meet the requirements to receive a license under 
8this Act. Each violation of this subsection is a business 
9offense with a fine of at least $1,000 per violation.
10 (c) A person seeking to become a certified firearms 
11instructor shall:
12  (1) be at least 21 years of age;
13  (2) be a legal resident of the United States; and
14  (3) meet the requirements of Section 25 of this Act, 
15 except for the Illinois residency requirement in item 
16 (xiv) of paragraph (2) of subsection (a) of Section 4 of 
17 the Firearm Owners Identification Card Act; and any 
18 additional uniformly applied requirements established by 
19 the Illinois State Police.
20 (d) A person seeking to become a certified firearms 
21instructor, in addition to the requirements of subsection (c) 
22of this Section, shall:
23  (1) possess a high school diploma or State of Illinois 
24 High School Diploma; and
25  (2) have at least one of the following valid firearms 
26 instructor certifications:
 
 
HB5199- 152 -LRB103 38448 RLC 68584 b


1   (A) certification from a law enforcement agency;
2   (B) certification from a firearm instructor course 
3 offered by a State or federal governmental agency;
4   (C) certification from a firearm instructor 
5 qualification course offered by the Illinois Law 
6 Enforcement Training Standards Board; or
7   (D) certification from an entity approved by the 
8 Illinois State Police that offers firearm instructor 
9 education and training in the use and safety of 
10 firearms.
11 (e) A person may have his or her firearms instructor 
12certification denied or revoked if he or she does not meet the 
13requirements to obtain a license under this Act, provides 
14false or misleading information to the Illinois State Police, 
15or has had a prior instructor certification revoked or denied 
16by the Illinois State Police.
17(Source: P.A. 102-538, eff. 8-20-21; 102-1100, eff. 1-1-23.)

18 (430 ILCS 66/105)
19 Sec. 105. Duty of school administrator. It is the duty of 
20the principal of a public elementary or secondary school, or 
21his or her designee, and the chief administrative officer of a 
22private elementary or secondary school or a public or private 
23community college, college, or university, or his or her 
24designee, to report to the Illinois State Police when a 
25student is determined to pose a clear and present danger to 
 
 
HB5199- 153 -LRB103 38448 RLC 68584 b


1himself, herself, or to others, within 24 hours of the 
2determination as provided in Section 6-103.3 of the Mental 
3Health and Developmental Disabilities Code. "Clear and present 
4danger" has the meaning as provided in paragraph (2) of the 
5definition of "clear and present danger" in Section 6-103.3 of 
6the Mental Health and Developmental Disabilities Code 1.1 of 
7the Firearm Owners Identification Card Act.
8(Source: P.A. 102-538, eff. 8-20-21.)

9 Section 140. The Firearms Restraining Order Act is amended 
10by changing Sections 35 and 40 as follows:

11 (430 ILCS 67/35)
12 Sec. 35. Ex parte orders and emergency hearings. 
13 (a) A petitioner may request an emergency firearms 
14restraining order by filing an affidavit or verified pleading 
15alleging that the respondent poses an immediate and present 
16danger of causing personal injury to himself, herself, or 
17another by having in his or her custody or control, 
18purchasing, possessing, or receiving a firearm, ammunition, or 
19firearm parts that could be assembled to make an operable 
20firearm. The petition shall also describe the type and 
21location of any firearm or firearms, ammunition, or firearm 
22parts that could be assembled to make an operable firearm 
23presently believed by the petitioner to be possessed or 
24controlled by the respondent. 
 
 
HB5199- 154 -LRB103 38448 RLC 68584 b


1 (b) If the respondent is alleged to pose an immediate and 
2present danger of causing personal injury to an intimate 
3partner, or an intimate partner is alleged to have been the 
4target of a threat or act of violence by the respondent, the 
5petitioner shall make a good faith effort to provide notice to 
6any and all intimate partners of the respondent. The notice 
7must include that the petitioner intends to petition the court 
8for an emergency firearms restraining order, and, if the 
9petitioner is a law enforcement officer, referral to relevant 
10domestic violence or stalking advocacy or counseling 
11resources, if appropriate. The petitioner shall attest to 
12having provided the notice in the filed affidavit or verified 
13pleading. If, after making a good faith effort, the petitioner 
14is unable to provide notice to any or all intimate partners, 
15the affidavit or verified pleading should describe what 
16efforts were made.
17 (c) Every person who files a petition for an emergency 
18firearms restraining order, knowing the information provided 
19to the court at any hearing or in the affidavit or verified 
20pleading to be false, is guilty of perjury under Section 32-2 
21of the Criminal Code of 2012. 
22 (d) An emergency firearms restraining order shall be 
23issued on an ex parte basis, that is, without notice to the 
24respondent. 
25 (e) An emergency hearing held on an ex parte basis shall be 
26held the same day that the petition is filed or the next day 
 
 
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1that the court is in session. 
2 (f) If a circuit or associate judge finds probable cause 
3to believe that the respondent poses an immediate and present 
4danger of causing personal injury to himself, herself, or 
5another by having in his or her custody or control, 
6purchasing, possessing, or receiving a firearm, ammunition, or 
7firearm parts that could be assembled to make an operable 
8firearm, the circuit or associate judge shall issue an 
9emergency order. 
10 (f-5) If the court issues an emergency firearms 
11restraining order, it shall, upon a finding of probable cause 
12that the respondent possesses firearms, ammunition, or firearm 
13parts that could be assembled to make an operable firearm, 
14issue a search warrant directing a law enforcement agency to 
15seize the respondent's firearms, ammunition, and firearm parts 
16that could be assembled to make an operable firearm. The court 
17may, as part of that warrant, direct the law enforcement 
18agency to search the respondent's residence and other places 
19where the court finds there is probable cause to believe he or 
20she is likely to possess the firearms, ammunition, or firearm 
21parts that could be assembled to make an operable firearm. A 
22return of the search warrant shall be filed by the law 
23enforcement agency within 4 days thereafter, setting forth the 
24time, date, and location that the search warrant was executed 
25and what items, if any, were seized. 
26 (g) An emergency firearms restraining order shall require: 
 
 
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1  (1) the respondent to refrain from having in his or 
2 her custody or control, purchasing, possessing, or 
3 receiving additional firearms, ammunition, or firearm 
4 parts that could be assembled to make an operable firearm, 
5 or removing firearm parts that could be assembled to make 
6 an operable firearm for the duration of the order under 
7 Section 8.2 of the Firearm Owners Identification Card Act; 
8 and
9  (2) the respondent to comply with Section 9.5 of the 
10 Firearm Owners Identification Card Act and subsection (g) 
11 of Section 70 of the Firearm Concealed Carry Act.
12 (h) Except as otherwise provided in subsection (h-5) of 
13this Section, upon expiration of the period of safekeeping, if 
14the firearms, ammunition, and firearm parts that could be 
15assembled to make an operable firearm or Firearm Owner's 
16Identification Card and concealed carry license cannot be 
17returned to the respondent because the respondent cannot be 
18located, fails to respond to requests to retrieve the 
19firearms, or is not lawfully eligible to possess a firearm, 
20ammunition, or firearm parts that could be assembled to make 
21an operable firearm, upon petition from the local law 
22enforcement agency, the court may order the local law 
23enforcement agency to destroy the firearms, ammunition, and 
24firearm parts that could be assembled to make an operable 
25firearm, use the firearms, ammunition, and firearm parts that 
26could be assembled to make an operable firearm for training 
 
 
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1purposes, or use the firearms, ammunition, and firearm parts 
2that could be assembled to make an operable firearm for any 
3other application as deemed appropriate by the local law 
4enforcement agency. 
5 (h-5) On or before January 1, 2022, a respondent whose 
6firearms have been turned over to a local law enforcement 
7agency Firearm Owner's Identification Card has been revoked or 
8suspended may petition the court, if the petitioner is present 
9in court or has notice of the respondent's petition, to 
10transfer the respondent's firearm, ammunition, and firearm 
11parts that could be assembled to make an operable firearm to a 
12person who is lawfully able to possess the firearm, 
13ammunition, and firearm parts that could be assembled to make 
14an operable firearm if the person does not reside at the same 
15address as the respondent. Notice of the petition shall be 
16served upon the person protected by the emergency firearms 
17restraining order. While the order is in effect, the 
18transferee who receives the respondent's firearms, ammunition, 
19and firearm parts that could be assembled to make an operable 
20firearm must swear or affirm by affidavit that he or she shall 
21not transfer the firearm, ammunition, and firearm parts that 
22could be assembled to make an operable firearm to the 
23respondent or to anyone residing in the same residence as the 
24respondent.
25 (h-6) If a person other than the respondent claims title 
26to any firearms, ammunition, and firearm parts that could be 
 
 
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1assembled to make an operable firearm surrendered under this 
2Section, he or she may petition the court, if the petitioner is 
3present in court or has notice of the petition, to have the 
4firearm, ammunition, and firearm parts that could be assembled 
5to make an operable firearm returned to him or her. If the 
6court determines that person to be the lawful owner of the 
7firearm, ammunition, and firearm parts that could be assembled 
8to make an operable firearm, the firearm, ammunition, and 
9firearm parts that could be assembled to make an operable 
10firearm shall be returned to him or her, provided that:
11  (1) the firearm, ammunition, and firearm parts that 
12 could be assembled to make an operable firearm are removed 
13 from the respondent's custody, control, or possession and 
14 the lawful owner agrees to store the firearm, ammunition, 
15 and firearm parts that could be assembled to make an 
16 operable firearm in a manner such that the respondent does 
17 not have access to or control of the firearm, ammunition, 
18 and firearm parts that could be assembled to make an 
19 operable firearm; and
20  (2) the firearm, ammunition, and firearm parts that 
21 could be assembled to make an operable firearm are not 
22 otherwise unlawfully possessed by the owner.
23 The person petitioning for the return of his or her 
24firearm, ammunition, and firearm parts that could be assembled 
25to make an operable firearm must swear or affirm by affidavit 
26that he or she: (i) is the lawful owner of the firearm, 
 
 
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1ammunition, and firearm parts that could be assembled to make 
2an operable firearm; (ii) shall not transfer the firearm, 
3ammunition, and firearm parts that could be assembled to make 
4an operable firearm to the respondent; and (iii) will store 
5the firearm, ammunition, and firearm parts that could be 
6assembled to make an operable firearm in a manner that the 
7respondent does not have access to or control of the firearm, 
8ammunition, and firearm parts that could be assembled to make 
9an operable firearm. 
10 (i) In accordance with subsection (e) of this Section, the 
11court shall schedule a full hearing as soon as possible, but no 
12longer than 14 days from the issuance of an ex parte firearms 
13restraining order, to determine if a 6-month firearms 
14restraining order shall be issued. The court may extend an ex 
15parte order as needed, but not to exceed 14 days, to effectuate 
16service of the order or if necessary to continue protection. 
17The court may extend the order for a greater length of time by 
18mutual agreement of the parties. 
19(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
20102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
215-13-22.)

22 (430 ILCS 67/40)
23 Sec. 40. Plenary orders. 
24 (a) A petitioner may request a firearms restraining order 
25for up to one year by filing an affidavit or verified pleading 
 
 
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1alleging that the respondent poses a significant danger of 
2causing personal injury to himself, herself, or another in the 
3near future by having in his or her custody or control, 
4purchasing, possessing, or receiving a firearm, ammunition, 
5and firearm parts that could be assembled to make an operable 
6firearm. The petition shall also describe the number, types, 
7and locations of any firearms, ammunition, and firearm parts 
8that could be assembled to make an operable firearm presently 
9believed by the petitioner to be possessed or controlled by 
10the respondent. The firearms restraining order may be renewed 
11for an additional period of up to one year in accordance with 
12Section 45 of this Act. 
13 (b) If the respondent is alleged to pose a significant 
14danger of causing personal injury to an intimate partner, or 
15an intimate partner is alleged to have been the target of a 
16threat or act of violence by the respondent, the petitioner 
17shall make a good faith effort to provide notice to any and all 
18intimate partners of the respondent. The notice must include 
19the duration of time that the petitioner intends to petition 
20the court for a firearms restraining order, and, if the 
21petitioner is a law enforcement officer, referral to relevant 
22domestic violence or stalking advocacy or counseling 
23resources, if appropriate. The petitioner shall attest to 
24having provided the notice in the filed affidavit or verified 
25pleading. If, after making a good faith effort, the petitioner 
26is unable to provide notice to any or all intimate partners, 
 
 
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1the affidavit or verified pleading should describe what 
2efforts were made.
3 (c) Every person who files a petition for a plenary 
4firearms restraining order, knowing the information provided 
5to the court at any hearing or in the affidavit or verified 
6pleading to be false, is guilty of perjury under Section 32-2 
7of the Criminal Code of 2012. 
8 (d) Upon receipt of a petition for a plenary firearms 
9restraining order, the court shall order a hearing within 30 
10days. 
11 (e) In determining whether to issue a firearms restraining 
12order under this Section, the court shall consider evidence 
13including, but not limited to, the following: 
14  (1) The unlawful and reckless use, display, or 
15 brandishing of a firearm, ammunition, and firearm parts 
16 that could be assembled to make an operable firearm by the 
17 respondent. 
18  (2) The history of use, attempted use, or threatened 
19 use of physical force by the respondent against another 
20 person. 
21  (3) Any prior arrest of the respondent for a felony 
22 offense.
23  (4) Evidence of the abuse of controlled substances or 
24 alcohol by the respondent.
25  (5) A recent threat of violence or act of violence by 
26 the respondent directed toward himself, herself, or 
 
 
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1 another.
2  (6) A violation of an emergency order of protection 
3 issued under Section 217 of the Illinois Domestic Violence 
4 Act of 1986 or Section 112A-17 of the Code of Criminal 
5 Procedure of 1963 or of an order of protection issued 
6 under Section 214 of the Illinois Domestic Violence Act of 
7 1986 or Section 112A-14 of the Code of Criminal Procedure 
8 of 1963. 
9  (7) A pattern of violent acts or violent threats, 
10 including, but not limited to, threats of violence or acts 
11 of violence by the respondent directed toward himself, 
12 herself, or another.
13 (f) At the hearing, the petitioner shall have the burden 
14of proving, by clear and convincing evidence, that the 
15respondent poses a significant danger of personal injury to 
16himself, herself, or another by having in his or her custody or 
17control, purchasing, possessing, or receiving a firearm, 
18ammunition, and firearm parts that could be assembled to make 
19an operable firearm.
20 (g) If the court finds that there is clear and convincing 
21evidence to issue a plenary firearms restraining order, the 
22court shall issue a firearms restraining order that shall be 
23in effect for up to one year, but not less than 6 months, 
24subject to renewal under Section 45 of this Act or termination 
25under that Section. 
26 (g-5) If the court issues a plenary firearms restraining 
 
 
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1order, it shall, upon a finding of probable cause that the 
2respondent possesses firearms, ammunition, and firearm parts 
3that could be assembled to make an operable firearm, issue a 
4search warrant directing a law enforcement agency to seize the 
5respondent's firearms, ammunition, and firearm parts that 
6could be assembled to make an operable firearm. The court may, 
7as part of that warrant, direct the law enforcement agency to 
8search the respondent's residence and other places where the 
9court finds there is probable cause to believe he or she is 
10likely to possess the firearms, ammunition, and firearm parts 
11that could be assembled to make an operable firearm. A return 
12of the search warrant shall be filed by the law enforcement 
13agency within 4 days thereafter, setting forth the time, date, 
14and location that the search warrant was executed and what 
15items, if any, were seized. 
16 (h) A plenary firearms restraining order shall require:
17  (1) the respondent to refrain from having in his or 
18 her custody or control, purchasing, possessing, or 
19 receiving additional firearms, ammunition, and firearm 
20 parts that could be assembled to make an operable firearm 
21 for the duration of the order under Section 8.2 of the 
22 Firearm Owners Identification Card Act; and
23  (2) the respondent to comply with Section 9.5 of the 
24 Firearm Owners Identification Card Act and subsection (g) 
25 of Section 70 of the Firearm Concealed Carry Act.
26 (i) Except as otherwise provided in subsection (i-5) of 
 
 
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1this Section, upon expiration of the period of safekeeping, if 
2the firearms, ammunition, and firearm parts that could be 
3assembled to make an operable firearm or Firearm Owner's 
4Identification Card cannot be returned to the respondent 
5because the respondent cannot be located, fails to respond to 
6requests to retrieve the firearms, ammunition, and firearm 
7parts that could be assembled to make an operable firearm, or 
8is not lawfully eligible to possess a firearm, ammunition, and 
9firearm parts that could be assembled to make an operable 
10firearm, upon petition from the local law enforcement agency, 
11the court may order the local law enforcement agency to 
12destroy the firearms, ammunition, and firearm parts that could 
13be assembled to make an operable firearm, use the firearms, 
14ammunition, and firearm parts that could be assembled to make 
15an operable firearm for training purposes, or use the 
16firearms, ammunition, and firearm parts that could be 
17assembled to make an operable firearm for any other 
18application as deemed appropriate by the local law enforcement 
19agency.
20 (i-5) A respondent whose firearms have been turned over to 
21a local law enforcement agency Firearm Owner's Identification 
22Card has been revoked or suspended may petition the court, if 
23the petitioner is present in court or has notice of the 
24respondent's petition, to transfer the respondent's firearm, 
25ammunition, and firearm parts that could be assembled to make 
26an operable firearm to a person who is lawfully able to possess 
 
 
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1the firearm, ammunition, and firearm parts that could be 
2assembled to make an operable firearm if the person does not 
3reside at the same address as the respondent. Notice of the 
4petition shall be served upon the person protected by the 
5emergency firearms restraining order. While the order is in 
6effect, the transferee who receives the respondent's firearms, 
7ammunition, and firearm parts that could be assembled to make 
8an operable firearm must swear or affirm by affidavit that he 
9or she shall not transfer the firearm, ammunition, and firearm 
10parts that could be assembled to make an operable firearm to 
11the respondent or to anyone residing in the same residence as 
12the respondent.
13 (i-6) If a person other than the respondent claims title 
14to any firearms, ammunition, and firearm parts that could be 
15assembled to make an operable firearm surrendered under this 
16Section, he or she may petition the court, if the petitioner is 
17present in court or has notice of the petition, to have the 
18firearm, ammunition, and firearm parts that could be assembled 
19to make an operable firearm returned to him or her. If the 
20court determines that person to be the lawful owner of the 
21firearm, ammunition, and firearm parts that could be assembled 
22to make an operable firearm, the firearm, ammunition, and 
23firearm parts that could be assembled to make an operable 
24firearm shall be returned to him or her, provided that:
25  (1) the firearm, ammunition, and firearm parts that 
26 could be assembled to make an operable firearm are removed 
 
 
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1 from the respondent's custody, control, or possession and 
2 the lawful owner agrees to store the firearm, ammunition, 
3 and firearm parts that could be assembled to make an 
4 operable firearm in a manner such that the respondent does 
5 not have access to or control of the firearm, ammunition, 
6 and firearm parts that could be assembled to make an 
7 operable firearm; and
8  (2) the firearm, ammunition, and firearm parts that 
9 could be assembled to make an operable firearm are not 
10 otherwise unlawfully possessed by the owner.
11 The person petitioning for the return of his or her 
12firearm, ammunition, and firearm parts that could be assembled 
13to make an operable firearm must swear or affirm by affidavit 
14that he or she: (i) is the lawful owner of the firearm, 
15ammunition, and firearm parts that could be assembled to make 
16an operable firearm; (ii) shall not transfer the firearm, 
17ammunition, and firearm parts that could be assembled to make 
18an operable firearm to the respondent; and (iii) will store 
19the firearm, ammunition, and firearm parts that could be 
20assembled to make an operable firearm in a manner that the 
21respondent does not have access to or control of the firearm, 
22ammunition, and firearm parts that could be assembled to make 
23an operable firearm. 
24 (j) If the court does not issue a firearms restraining 
25order at the hearing, the court shall dissolve any emergency 
26firearms restraining order then in effect.
 
 
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1 (k) When the court issues a firearms restraining order 
2under this Section, the court shall inform the respondent that 
3he or she is entitled to one hearing during the period of the 
4order to request a termination of the order, under Section 45 
5of this Act, and shall provide the respondent with a form to 
6request a hearing. 
7(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
8102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
95-13-22; 102-1116, eff. 1-10-23.)

10 Section 145. The Firearm Dealer License Certification Act 
11is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as 
12follows:

13 (430 ILCS 68/5-20)
14 Sec. 5-20. Additional licensee requirements. 
15 (a) A certified licensee shall make a photo copy of a 
16buyer's or transferee's valid photo identification card 
17whenever a firearm sale transaction takes place. The photo 
18copy shall be attached to the documentation detailing the 
19record of sale.
20 (b) A certified licensee shall post in a conspicuous 
21position on the premises where the licensee conducts business 
22a sign that contains the following warning in block letters 
23not less than one inch in height:
24  "With few exceptions enumerated in the Criminal Code 
 
 
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1 of 2012 Firearm Owners Identification Card Act, it is 
2 unlawful for you to:
3   (A) store or leave an unsecured firearm in a place 
4 where a child can obtain access to it; or 
5   (B) sell or transfer your firearm to someone else 
6 without receiving approval for the transfer from the 
7 Illinois State Police, or
8   (B) (C) fail to report the loss or theft of your 
9 firearm to local law enforcement within 72 hours.".
10This sign shall be created by the Illinois State Police and 
11made available for printing or downloading from the Illinois 
12State Police's website.
13 (c) No retail location established after the effective 
14date of this Act shall be located within 500 feet of any 
15school, pre-school, or day care facility in existence at its 
16location before the retail location is established as measured 
17from the nearest corner of the building holding the retail 
18location to the corner of the school, pre-school, or day care 
19facility building nearest the retail location at the time the 
20retail location seeks licensure.
21(Source: P.A. 102-538, eff. 8-20-21.)

22 (430 ILCS 68/5-25)
23 Sec. 5-25. Exemptions. The provisions of this Act related 
24to the certification of a license do not apply to a person or 
25entity that engages in the following activities:
 
 
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1  (1) temporary transfers of firearms solely for use at 
2 the location or on the premises where the transfer takes 
3 place, such as transfers at a shooting range for use at 
4 that location;
5  (2) temporary transfers of firearms solely for use 
6 while in the presence of the transferor or transfers for 
7 the purposes of firearm safety training by a firearms 
8 safety training instructor;
9  (3) transfers of firearms among immediate family or 
10 household members, as "immediate family or household 
11 member" is defined in Section 3-2.7-10 of the Unified Code 
12 of Corrections, provided that both the transferor and 
13 transferee are not prohibited from possessing a firearm 
14 under federal or State law have a currently valid Firearm 
15 Owner's Identification Card; however, this paragraph (3) 
16 does not limit the familial gift exemption under paragraph 
17 (2) of subsection (a-15) of Section 3 of the Firearm 
18 Owners Identification Card Act;
19  (4) transfers by persons or entities acting under 
20 operation of law or a court order;
21  (5) transfers by persons or entities liquidating all 
22 or part of a collection. For purposes of this paragraph 
23 (5), "collection" means 2 or more firearms which are of 
24 special interest to collectors by reason of some quality 
25 other than is associated with firearms intended for 
26 sporting use or as offensive or defensive weapons;
 
 
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1  (6) transfers of firearms that have been rendered 
2 permanently inoperable to a nonprofit historical society, 
3 museum, or institutional collection;
4  (7) transfers by a law enforcement or corrections 
5 agency or a law enforcement or corrections officer acting 
6 within the course and scope of his or her official duties;
7  (8) (blank); transfers to a State or local law 
8 enforcement agency by a person who has his or her Firearm 
9 Owner's Identification Card revoked;
10  (9) transfers of curios and relics, as defined under 
11 federal law, between collectors licensed under subsection 
12 (b) of Section 923 of the federal Gun Control Act of 1968;
13  (10) transfers by a person or entity licensed as an 
14 auctioneer under the Auction License Act;
15  (10.5) transfers of firearms to a resident registered 
16 competitor or attendee or non-resident registered 
17 competitor or attendee by a licensed federal firearms 
18 dealer under Section 923 of the federal Gun Control Act of 
19 1968 at a competitive shooting event held at the World 
20 Shooting and Recreational Complex that is sanctioned by a 
21 national governing body; or 
22  (11) transfers between a pawnshop and a customer which 
23 amount to a bailment. For purposes of this paragraph (11), 
24 "bailment" means the act of placing property in the 
25 custody and control of another, by agreement in which the 
26 holder is responsible for the safekeeping and return of 
 
 
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1 the property. 
2(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)

3 (430 ILCS 68/5-40)
4 Sec. 5-40. Qualifications for operation. 
5 (a) Each certified licensee shall submit with each 
6application for certification or renewal an affidavit to the 
7Illinois State Police stating that each owner, employee, or 
8other agent of the certified licensee who sells or conducts 
9transfers of firearms for the certified licensee is at least 
1021 years of age, has a currently valid Firearm Owner's 
11Identification Card and, for a renewal, has completed the 
12training required under Section 5-30. The affidavit must also 
13contain the name and Firearm Owner's Identification Card 
14number of each owner, employee, or other agent who sells or 
15conducts transfers of firearms for the certified licensee. If 
16an owner, employee, or other agent of the certified licensee 
17is not otherwise a resident of this State, the certified 
18licensee shall submit an affidavit stating that the owner, 
19employee, or other agent has undergone a background check and 
20is not prohibited from owning or possessing firearms.
21 (b) In addition to the affidavit required under subsection 
22(a), within 30 days of a new owner, employee, or other agent 
23beginning selling or conducting transfers of firearms for the 
24certified licensee, the certified licensee shall submit an 
25affidavit to the Illinois State Police stating the date that 
 
 
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1the new owner, employee, or other agent began selling or 
2conducting transfers of firearms for the certified licensee, 
3and providing the information required in subsection (a) for 
4that new owner, employee, or other agent.
5 (c) If a certified licensee has a license, certificate, or 
6permit to sell, lease, transfer, purchase, or possess firearms 
7issued by the federal government or the government of any 
8state revoked or suspended for good cause within the preceding 
94 years, the Illinois State Police may consider revoking or 
10suspending the certified licenses in this State. In making a 
11determination of whether or not to revoke or suspend a 
12certified license in this State, the Illinois State Police 
13shall consider the number of retail locations the certified 
14licensee or any related person or entity operates in this 
15State or in other states under the same or different business 
16names, and the severity of the infraction in the state in which 
17a license was revoked or suspended.
18 (d) Applications and affidavits required under this 
19Section are not subject to disclosure by the Illinois State 
20Police under the Freedom of Information Act.
21(Source: P.A. 102-538, eff. 8-20-21.)

22 (430 ILCS 68/5-85)
23 Sec. 5-85. Disciplinary sanctions. 
24 (a) For violations of this Act not penalized under Section 
255-15, the Illinois State Police may refuse to renew or 
 
 
HB5199- 173 -LRB103 38448 RLC 68584 b


1restore, or may reprimand, place on probation, suspend, 
2revoke, or take other disciplinary or non-disciplinary action 
3against any licensee, and may impose a fine commensurate with 
4the severity of the violation not to exceed $10,000 for each 
5violation for any of the following, consistent with the 
6Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901 
7through 7903: 
8  (1) Violations of this Act, or any law applicable to 
9 the sale or transfer of firearms. 
10  (2) A pattern of practice or other behavior which 
11 demonstrates incapacity or incompetency to practice under 
12 this Act. 
13  (3) Aiding or assisting another person in violating 
14 any provision of this Act or rules adopted under this Act. 
15  (4) Failing, within 60 days, to provide information in 
16 response to a written request made by the Illinois State 
17 Police. 
18  (5) Conviction of, plea of guilty to, or plea of nolo 
19 contendere to any crime that disqualifies the person from 
20 obtaining a firearm valid Firearm Owner's Identification 
21 Card. 
22  (6) Continued practice, although the person has become 
23 unfit to practice due to any of the following: 
24   (A) Any circumstance that disqualifies the person 
25 from obtaining a firearm valid Firearm Owner's 
26 Identification Card or concealed carry license. 
 
 
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1   (B) Habitual or excessive use or abuse of drugs 
2 defined in law as controlled substances, alcohol, or 
3 any other substance that results in the inability to 
4 practice with reasonable judgment, skill, or safety.
5  (7) Receiving, directly or indirectly, compensation 
6 for any firearms sold or transferred illegally. 
7  (8) Discipline by another United States jurisdiction, 
8 foreign nation, or governmental agency, if at least one of 
9 the grounds for the discipline is the same or 
10 substantially equivalent to those set forth in this Act. 
11  (9) Violation of any disciplinary order imposed on a 
12 licensee by the Illinois State Police. 
13  (10) A finding by the Illinois State Police that the 
14 licensee, after having his or her certified license placed 
15 on probationary status, has violated the terms of 
16 probation. 
17  (11) A fraudulent or material misstatement in the 
18 completion of an affirmative obligation or inquiry by law 
19 enforcement.
20 (b) All fines imposed under this Section shall be paid 
21within 90 days after the effective date of the final order 
22imposing the fine.
23(Source: P.A. 102-538, eff. 8-20-21.)

24 Section 150. The Wildlife Code is amended by changing 
25Sections 3.2 and 3.2a as follows:

 
 
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1 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
2 Sec. 3.2. Hunting license; application; instruction. 
3Before the Department or any county, city, village, township, 
4incorporated town clerk or his duly designated agent or any 
5other person authorized or designated by the Department to 
6issue hunting licenses shall issue a hunting license to any 
7person, the person shall file his application with the 
8Department or other party authorized to issue licenses on a 
9form provided by the Department and further give definite 
10proof of identity and place of legal residence. Each clerk 
11designating agents to issue licenses and stamps shall furnish 
12the Department, within 10 days following the appointment, the 
13names and mailing addresses of the agents. Each clerk or his 
14duly designated agent shall be authorized to sell licenses and 
15stamps only within the territorial area for which he was 
16elected or appointed. No duly designated agent is authorized 
17to furnish licenses or stamps for issuance by any other 
18business establishment. Each application shall be executed and 
19sworn to and shall set forth the name and description of the 
20applicant and place of residence.
21 No hunting license shall be issued to any person born on or 
22after January 1, 1980 unless he presents the person authorized 
23to issue the license evidence that he has held a hunting 
24license issued by the State of Illinois or another state in a 
25prior year, or a certificate of competency as provided in this 
 
 
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1Section. Persons under 18 years of age may be issued a Lifetime 
2Hunting or Sportsmen's Combination License as provided under 
3Section 20-45 of the Fish and Aquatic Life Code but shall not 
4be entitled to hunt alone, without the supervision of an adult 
5age 21 or older, unless they have a certificate of competency 
6as provided in this Section and the certificate is in their 
7possession while hunting.
8 The Department of Natural Resources shall authorize 
9personnel of the Department or certified volunteer instructors 
10to conduct courses, of not less than 10 hours in length, in 
11firearms and hunter safety, which may include training in bow 
12and arrow safety, at regularly specified intervals throughout 
13the State. Persons successfully completing the course shall 
14receive a certificate of competency. The Department of Natural 
15Resources may further cooperate with any reputable association 
16or organization in establishing courses if the organization 
17has as one of its objectives the promotion of safety in the 
18handling of firearms or bow and arrow.
19 The Department of Natural Resources shall designate any 
20person found by it to be competent to give instruction in the 
21handling of firearms, hunter safety, and bow and arrow. The 
22persons so appointed shall give the course of instruction and 
23upon the successful completion shall issue to the person 
24instructed a certificate of competency in the safe handling of 
25firearms, hunter safety, and bow and arrow. No charge shall be 
26made for any course of instruction except for materials or 
 
 
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1ammunition consumed. The Department of Natural Resources shall 
2furnish information on the requirements of hunter safety 
3education programs to be distributed free of charge to 
4applicants for hunting licenses by the persons appointed and 
5authorized to issue licenses. Funds for the conducting of 
6firearms and hunter safety courses shall be taken from the fee 
7charged for the Firearm Owners Identification Card.
8 The fee for a hunting license to hunt all species for a 
9resident of Illinois is $12. For residents age 65 or older, 
10and, commencing with the 2012 license year, resident veterans 
11of the United States Armed Forces after returning from service 
12abroad or mobilization by the President of the United States 
13as an active duty member of the United States Armed Forces, the 
14Illinois National Guard, or the Reserves of the United States 
15Armed Forces, the fee is one-half of the fee charged for a 
16hunting license to hunt all species for a resident of 
17Illinois. Veterans must provide to the Department acceptable 
18verification of their service. The Department shall establish 
19by administrative rule the procedure by which such 
20verification of service shall be made to the Department for 
21the purpose of issuing resident veterans hunting licenses at a 
22reduced fee. The fee for a hunting license to hunt all species 
23shall be $1 for residents over 75 years of age. Nonresidents 
24shall be charged $57 for a hunting license.
25 Residents of this State may obtain a 3-year hunting 
26license to hunt all species as described in Section 3.1 for 3 
 
 
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1times the annual fee. For residents age 65 or older and 
2resident veterans of the United States Armed Forces after 
3returning from service abroad or mobilization by the President 
4of the United States, the fee is one-half of the fee charged 
5for a 3-year hunting license to hunt all species as described 
6in Section 3.1 for a resident of this State. Veterans must 
7provide to the Department, per administrative rule, 
8verification of their service. The Department shall establish 
9what constitutes suitable verification of service for the 
10purpose of issuing resident veterans 3-year hunting licenses 
11at a reduced fee. 
12 Nonresidents may be issued a nonresident hunting license 
13for a period not to exceed 10 consecutive days' hunting in the 
14State and shall be charged a fee of $35.
15 A special nonresident hunting license authorizing a 
16nonresident to take game birds by hunting on a game breeding 
17and hunting preserve area only, established under Section 
183.27, shall be issued upon proper application being made and 
19payment of a fee equal to that for a resident hunting license. 
20The expiration date of this license shall be on the same date 
21each year that game breeding and hunting preserve area 
22licenses expire.
23 Each applicant for a State Migratory Waterfowl Stamp, 
24regardless of his residence or other condition, shall pay a 
25fee of $15 and shall receive a stamp. The fee for a State 
26Migratory Waterfowl Stamp shall be waived for residents over 
 
 
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175 years of age. Except as provided under Section 20-45 of the 
2Fish and Aquatic Life Code, the stamp shall be signed by the 
3person or affixed to his license or permit in a space 
4designated by the Department for that purpose.
5 Each applicant for a State Habitat Stamp, regardless of 
6his residence or other condition, shall pay a fee of $5 and 
7shall receive a stamp. The fee for a State Habitat Stamp shall 
8be waived for residents over 75 years of age. Except as 
9provided under Section 20-45 of the Fish and Aquatic Life 
10Code, the stamp shall be signed by the person or affixed to his 
11license or permit in a space designated by the Department for 
12that purpose.
13 Nothing in this Section shall be construed as to require 
14the purchase of more than one State Habitat Stamp by any person 
15in any one license year.
16 The fees for State Pheasant Stamps and State Furbearer 
17Stamps shall be waived for residents over 75 years of age. 
18 The Department shall furnish the holders of hunting 
19licenses and stamps with an insignia as evidence of possession 
20of license, or license and stamp, as the Department may 
21consider advisable. The insignia shall be exhibited and used 
22as the Department may order.
23 All other hunting licenses and all State stamps shall 
24expire upon March 31 of each year. Three-year hunting licenses 
25shall expire on March 31 of the 2nd year after the year in 
26which the license is issued.
 
 
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1 Every person holding any license, permit, or stamp issued 
2under the provisions of this Act shall have it in his 
3possession for immediate presentation for inspection to the 
4officers and authorized employees of the Department, any 
5sheriff, deputy sheriff, or any other peace officer making a 
6demand for it. This provision shall not apply to Department 
7owned or managed sites where it is required that all hunters 
8deposit their license or , permit, or Firearm Owner's 
9Identification Card at the check station upon entering the 
10hunting areas.
11 For the purposes of this Section, "acceptable 
12verification" means official documentation from the Department 
13of Defense or the appropriate Major Command showing 
14mobilization dates or service abroad dates, including: (i) a 
15DD-214, (ii) a letter from the Illinois Department of Military 
16Affairs for members of the Illinois National Guard, (iii) a 
17letter from the Regional Reserve Command for members of the 
18Armed Forces Reserve, (iv) a letter from the Major Command 
19covering Illinois for active duty members, (v) personnel 
20records for mobilized State employees, and (vi) any other 
21documentation that the Department, by administrative rule, 
22deems acceptable to establish dates of mobilization or service 
23abroad. 
24 For the purposes of this Section, the term "service 
25abroad" means active duty service outside of the 50 United 
26States and the District of Columbia, and includes all active 
 
 
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1duty service in territories and possessions of the United 
2States. 
3(Source: P.A. 102-780, eff. 5-13-22; 103-456, eff. 1-1-24.)

4 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)
5 Sec. 3.2a. Every person holding any license, permit or 
6stamp issued under the provisions hereof shall have it in his 
7possession for immediate presentation for inspection to the 
8officers and authorized employees of the Department, any 
9sheriff, deputy sheriff or any other peace officer making a 
10demand for it. This provision shall not apply to Department 
11owned or managed sites where it is required that all hunters 
12deposit their license or , permit or Firearm Owner's 
13Identification Card at the check station upon entering the 
14hunting areas. 
15(Source: P.A. 85-152.)

16 Section 155. The Illinois Vehicle Code is amended by 
17changing Section 2-116 as follows:

18 (625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)
19 Sec. 2-116. Secretary of State Department of Police. 
20 (a) The Secretary of State and the officers, inspectors, 
21and investigators appointed by him shall cooperate with the 
22Illinois State Police and the sheriffs and police in enforcing 
23the laws regulating the operation of vehicles and the use of 
 
 
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1the highways.
2 (b) The Secretary of State may provide training and 
3education for members of his office in traffic regulation, the 
4promotion of traffic safety and the enforcement of laws vested 
5in the Secretary of State for administration and enforcement 
6regulating the operation of vehicles and the use of the 
7highways.
8 (c) The Secretary of State may provide distinctive 
9uniforms and badges for officers, inspectors and investigators 
10employed in the administration of laws relating to the 
11operation of vehicles and the use of the highways and vesting 
12the administration and enforcement of such laws in the 
13Secretary of State.
14 (c-5) The Director of the Secretary of State Department of 
15Police shall establish a program to allow a Secretary of State 
16Police officer, inspector, or investigator who is honorably 
17retiring in good standing to purchase either one or both of the 
18following: (1) any Secretary of State Department of Police 
19badge previously issued to that officer, inspector, or 
20investigator; or (2) if the officer, inspector, or 
21investigator has a currently valid Firearm Owner's 
22Identification Card, the service firearm issued or previously 
23issued to the officer, inspector, or investigator by the 
24Secretary of State Department of Police. The cost of the 
25firearm shall be the replacement value of the firearm and not 
26the firearm's fair market value. 
 
 
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1 (d) The Secretary of State Department of Police is 
2authorized to:
3  (1) investigate the origins, activities, persons, and 
4 incidents of crime and the ways and means, if any, to 
5 redress the victims of crimes, and study the impact, if 
6 any, of legislation relative to the criminal laws of this 
7 State related thereto and conduct any other investigations 
8 as may be provided by law;
9  (2) employ skilled experts, technicians, 
10 investigators, special agents, or otherwise specially 
11 qualified persons to aid in preventing or detecting crime, 
12 apprehending criminals, or preparing and presenting 
13 evidence of violations of the criminal laws of the State;
14  (3) cooperate with the police of cities, villages, and 
15 incorporated towns, and with the police officers of any 
16 county, in enforcing the laws of the State and in making 
17 arrests;
18  (4) provide, as may be required by law, assistance to 
19 local law enforcement agencies through training, 
20 management, and consultant services for local law 
21 enforcement agencies, pertaining to law enforcement 
22 activities;
23  (5) exercise the rights, powers, and duties which have 
24 been vested in it by the Secretary of State Act and this 
25 Code; and
26  (6) enforce and administer any other laws in relation 
 
 
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1 to law enforcement as may be vested in the Secretary of 
2 State Department of Police.
3 Persons within the Secretary of State Department of Police 
4who exercise these powers are conservators of the peace and 
5have all the powers possessed by policemen in municipalities 
6and sheriffs, and may exercise these powers anywhere in the 
7State in cooperation with local law enforcement officials. 
8These persons may use false or fictitious names in the 
9performance of their duties under this Section, upon approval 
10of the Director of Police-Secretary of State, and shall not be 
11subject to prosecution under the criminal laws for that use.
12 (e) The Secretary of State Department of Police may 
13charge, collect, and receive fees or moneys equivalent to the 
14cost of providing its personnel, equipment, and services to 
15governmental agencies when explicitly requested by a 
16governmental agency and according to an intergovernmental 
17agreement or memorandums of understanding as provided by this 
18Section, including but not limited to fees or moneys 
19equivalent to the cost of providing training to other 
20governmental agencies on terms and conditions that in the 
21judgment of the Director of Police-Secretary of State are in 
22the best interest of the Secretary of State. All fees received 
23by the Secretary of State Police Department under this Act 
24shall be deposited in a special fund in the State Treasury to 
25be known as the Secretary of State Police Services Fund. The 
26money deposited in the Secretary of State Police Services Fund 
 
 
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1shall be appropriated to the Secretary of State Department of 
2Police as provided for in subsection (g).
3 (f) The Secretary of State Department of Police may apply 
4for grants or contracts and receive, expend, allocate, or 
5disburse moneys made available by public or private entities, 
6including, but not limited to, contracts, bequests, grants, or 
7receiving equipment from corporations, foundations, or public 
8or private institutions of higher learning.
9 (g) The Secretary of State Police Services Fund is hereby 
10created as a special fund in the State Treasury. All moneys 
11received under this Section by the Secretary of State 
12Department of Police shall be deposited into the Secretary of 
13State Police Services Fund to be appropriated to the Secretary 
14of State Department of Police for purposes as indicated by the 
15grantor or contractor or, in the case of moneys bequeathed or 
16granted for no specific purpose, for any purpose as deemed 
17appropriate by the Director of Police-Secretary of State in 
18administering the responsibilities of the Secretary of State 
19Department of Police.
20(Source: P.A. 102-538, eff. 8-20-21.)

21 Section 160. The Criminal Code of 2012 is amended by 
22changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1, 
2324-1.1, 24-1.6, 24-1.8, 24-1.9, 24-1.10, 24-2, 24-3, 24-3.1, 
2424-3.2, 24-3.4, 24-3.5, 24-3B, 24-4.1, 24-5.1, and 24-9 and 
25adding Section 24-4.5 as follows:

 
 
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1 (720 ILCS 5/2-7.1)
2 Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition". 
3"Firearm "Firearm" and "firearm ammunition" means any 
4self-contained cartridge or shotgun shell, by whatever name 
5known, which is designed to be used or adaptable to use in a 
6firearm; excluding, however:
7 (1) any ammunition exclusively designed for use with a 
8device used exclusively for signaling or safety and required 
9or recommended by the United States Coast Guard or the 
10Interstate Commerce Commission; and
11 (2) any ammunition designed exclusively for use with a 
12stud or rivet driver or other similar industrial ammunition 
13have the meanings ascribed to them in Section 1.1 of the 
14Firearm Owners Identification Card Act.
15(Source: P.A. 91-544, eff. 1-1-00.)

16 (720 ILCS 5/2-7.5)
17 Sec. 2-7.5. "Firearm". Except as otherwise provided in a 
18specific Section, "firearm" means any device, by whatever name 
19known, which is designed to expel a projectile or projectiles 
20by the action of an explosion, expansion of gas or escape of 
21gas; excluding, however:
22 (1) any pneumatic gun, spring gun, paint ball gun, or B-B 
23gun which expels a single globular projectile not exceeding 
24.18 inch in diameter or which has a maximum muzzle velocity of 
 
 
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1less than 700 feet per second;
2 (1.1) any pneumatic gun, spring gun, paint ball gun, or 
3B-B gun which expels breakable paint balls containing washable 
4marking colors; 
5 (2) any device used exclusively for signaling or safety 
6and required or recommended by the United States Coast Guard 
7or the Interstate Commerce Commission;
8 (3) any device used exclusively for the firing of stud 
9cartridges, explosive rivets, or similar industrial 
10ammunition; and
11 (4) an antique firearm (other than a machine-gun) which, 
12although designed as a weapon, the Illinois State Police finds 
13by reason of the date of its manufacture, value, design, and 
14other characteristics is primarily a collector's item and is 
15not likely to be used as a weapon has the meaning ascribed to 
16it in Section 1.1 of the Firearm Owners Identification Card 
17Act.
18(Source: P.A. 95-331, eff. 8-21-07.)

19 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
20 Sec. 12-3.05. Aggravated battery. 
21 (a) Offense based on injury. A person commits aggravated 
22battery when, in committing a battery, other than by the 
23discharge of a firearm, he or she knowingly does any of the 
24following:
25  (1) Causes great bodily harm or permanent disability 
 
 
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1 or disfigurement.
2  (2) Causes severe and permanent disability, great 
3 bodily harm, or disfigurement by means of a caustic or 
4 flammable substance, a poisonous gas, a deadly biological 
5 or chemical contaminant or agent, a radioactive substance, 
6 or a bomb or explosive compound.
7  (3) Causes great bodily harm or permanent disability 
8 or disfigurement to an individual whom the person knows to 
9 be a peace officer, community policing volunteer, fireman, 
10 private security officer, correctional institution 
11 employee, or Department of Human Services employee 
12 supervising or controlling sexually dangerous persons or 
13 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  (4) Causes great bodily harm or permanent disability 
20 or disfigurement to an individual 60 years of age or 
21 older.
22  (5) Strangles another individual. 
23 (b) Offense based on injury to a child or person with an 
24intellectual disability. A person who is at least 18 years of 
25age commits aggravated battery when, in committing a battery, 
26he or she knowingly and without legal justification by any 
 
 
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1means:
2  (1) causes great bodily harm or permanent disability 
3 or disfigurement to any child under the age of 13 years, or 
4 to any person with a severe or profound intellectual 
5 disability; or
6  (2) causes bodily harm or disability or disfigurement 
7 to any child under the age of 13 years or to any person 
8 with a severe or profound intellectual disability. 
9 (c) Offense based on location of conduct. A person commits 
10aggravated battery when, in committing a battery, other than 
11by the discharge of a firearm, he or she is or the person 
12battered is on or about a public way, public property, a public 
13place of accommodation or amusement, a sports venue, or a 
14domestic violence shelter, or in a church, synagogue, mosque, 
15or other building, structure, or place used for religious 
16worship.
17 (d) Offense based on status of victim. A person commits 
18aggravated battery when, in committing a battery, other than 
19by discharge of a firearm, he or she knows the individual 
20battered to be any of the following:
21  (1) A person 60 years of age or older.
22  (2) A person who is pregnant or has a physical 
23 disability.
24  (3) A teacher or school employee upon school grounds 
25 or grounds adjacent to a school or in any part of a 
26 building used for school purposes.
 
 
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1  (4) A peace officer, community policing volunteer, 
2 fireman, private security officer, correctional 
3 institution employee, or Department of Human Services 
4 employee supervising or controlling sexually dangerous 
5 persons or sexually violent persons:
6   (i) performing his or her official duties;
7   (ii) battered to prevent performance of his or her 
8 official duties; or
9   (iii) battered in retaliation for performing his 
10 or her official duties.
11  (5) A judge, emergency management worker, emergency 
12 medical services personnel, or utility 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  (6) An officer or employee of the State of Illinois, a 
19 unit of local government, or a school district, while 
20 performing his or her official duties.
21  (7) A transit employee performing his or her official 
22 duties, or a transit passenger.
23  (8) A taxi driver on duty.
24  (9) A merchant who detains the person for an alleged 
25 commission of retail theft under Section 16-26 of this 
26 Code and the person without legal justification by any 
 
 
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1 means causes bodily harm to the merchant.
2  (10) A person authorized to serve process under 
3 Section 2-202 of the Code of Civil Procedure or a special 
4 process server appointed by the circuit court while that 
5 individual is in the performance of his or her duties as a 
6 process server.
7  (11) A nurse while in the performance of his or her 
8 duties as a nurse. 
9  (12) A merchant: (i) while performing his or her 
10 duties, including, but not limited to, relaying directions 
11 for healthcare or safety from his or her supervisor or 
12 employer or relaying health or safety guidelines, 
13 recommendations, regulations, or rules from a federal, 
14 State, or local public health agency; and (ii) during a 
15 disaster declared by the Governor, or a state of emergency 
16 declared by the mayor of the municipality in which the 
17 merchant is located, due to a public health emergency and 
18 for a period of 6 months after such declaration. 
19 (e) Offense based on use of a firearm. A person commits 
20aggravated battery when, in committing a battery, he or she 
21knowingly does any of the following:
22  (1) Discharges a firearm, other than a machine gun or 
23 a firearm equipped with a silencer, and causes any injury 
24 to another person.
25  (2) Discharges a firearm, other than a machine gun or 
26 a firearm equipped with a silencer, and causes any injury 
 
 
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1 to a person he or she knows to be a peace officer, 
2 community policing volunteer, person summoned by a police 
3 officer, fireman, private security officer, correctional 
4 institution employee, or emergency management worker:
5   (i) performing his or her official duties;
6   (ii) battered to prevent performance of his or her 
7 official duties; or
8   (iii) battered in retaliation for performing his 
9 or her official duties.
10  (3) Discharges a firearm, other than a machine gun or 
11 a firearm equipped with a silencer, and causes any injury 
12 to a person he or she knows to be emergency medical 
13 services personnel:
14   (i) performing his or her official duties;
15   (ii) battered to prevent performance of his or her 
16 official duties; or
17   (iii) battered in retaliation for performing his 
18 or her official duties.
19  (4) Discharges a firearm and causes any injury to a 
20 person he or she knows to be a teacher, a student in a 
21 school, or a school employee, and the teacher, student, or 
22 employee is upon school grounds or grounds adjacent to a 
23 school or in any part of a building used for school 
24 purposes.
25  (5) Discharges a machine gun or a firearm equipped 
26 with a silencer, and causes any injury to another person.
 
 
HB5199- 193 -LRB103 38448 RLC 68584 b


1  (6) Discharges a machine gun or a firearm equipped 
2 with a silencer, and causes any injury to a person he or 
3 she knows to be a peace officer, community policing 
4 volunteer, person summoned by a police officer, fireman, 
5 private security officer, correctional institution 
6 employee or emergency management worker:
7   (i) performing his or her official duties;
8   (ii) battered to prevent performance of his or her 
9 official duties; or
10   (iii) battered in retaliation for performing his 
11 or her official duties.
12  (7) Discharges a machine gun or a firearm equipped 
13 with a silencer, and causes any injury to a person he or 
14 she knows to be emergency medical services personnel:
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  (8) 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 a teacher, or a student in a school, or a 
23 school employee, and the teacher, student, or employee is 
24 upon school grounds or grounds adjacent to a school or in 
25 any part of a building used for school purposes. 
26 (f) Offense based on use of a weapon or device. A person 
 
 
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1commits aggravated battery when, in committing a battery, he 
2or she does any of the following:
3  (1) Uses a deadly weapon other than by discharge of a 
4 firearm, or uses an air rifle as defined in Section 
5 24.8-0.1 of this Code.
6  (2) Wears a hood, robe, or mask to conceal his or her 
7 identity.
8  (3) Knowingly and without lawful justification shines 
9 or flashes a laser gunsight or other laser device attached 
10 to a firearm, or used in concert with a firearm, so that 
11 the laser beam strikes upon or against the person of 
12 another.
13  (4) Knowingly video or audio records the offense with 
14 the intent to disseminate the recording. 
15 (g) Offense based on certain conduct. A person commits 
16aggravated battery when, other than by discharge of a firearm, 
17he or she does any of the following:
18  (1) Violates Section 401 of the Illinois Controlled 
19 Substances Act by unlawfully delivering a controlled 
20 substance to another and any user experiences great bodily 
21 harm or permanent disability as a result of the injection, 
22 inhalation, or ingestion of any amount of the controlled 
23 substance.
24  (2) Knowingly administers to an individual or causes 
25 him or her to take, without his or her consent or by threat 
26 or deception, and for other than medical purposes, any 
 
 
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1 intoxicating, poisonous, stupefying, narcotic, 
2 anesthetic, or controlled substance, or gives to another 
3 person any food containing any substance or object 
4 intended to cause physical injury if eaten.
5  (3) Knowingly causes or attempts to cause a 
6 correctional institution employee or Department of Human 
7 Services employee to come into contact with blood, seminal 
8 fluid, urine, or feces by throwing, tossing, or expelling 
9 the fluid or material, and the person is an inmate of a 
10 penal institution or is a sexually dangerous person or 
11 sexually violent person in the custody of the Department 
12 of Human Services.
13 (h) Sentence. Unless otherwise provided, aggravated 
14battery is a Class 3 felony.
15 Aggravated battery as defined in subdivision (a)(4), 
16(d)(4), or (g)(3) is a Class 2 felony.
17 Aggravated battery as defined in subdivision (a)(3) or 
18(g)(1) is a Class 1 felony.
19 Aggravated battery as defined in subdivision (a)(1) is a 
20Class 1 felony when the aggravated battery was intentional and 
21involved the infliction of torture, as defined in paragraph 
22(10) of subsection (b-5) of Section 5-8-1 of the Unified Code 
23of Corrections, as the infliction of or subjection to extreme 
24physical pain, motivated by an intent to increase or prolong 
25the pain, suffering, or agony of the victim. 
26 Aggravated battery as defined in subdivision (a)(1) is a 
 
 
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1Class 2 felony when the person causes great bodily harm or 
2permanent disability to an individual whom the person knows to 
3be a member of a congregation engaged in prayer or other 
4religious activities at a church, synagogue, mosque, or other 
5building, structure, or place used for religious worship. 
6 Aggravated battery under subdivision (a)(5) is a Class 1 
7felony if:
8  (A) the person used or attempted to use a dangerous 
9 instrument while committing the offense;
10  (B) the person caused great bodily harm or permanent 
11 disability or disfigurement to the other person while 
12 committing the offense; or
13  (C) the person has been previously convicted of a 
14 violation of subdivision (a)(5) under the laws of this 
15 State or laws similar to subdivision (a)(5) of any other 
16 state. 
17 Aggravated battery as defined in subdivision (e)(1) is a 
18Class X felony.
19 Aggravated battery as defined in subdivision (a)(2) is a 
20Class X felony for which a person shall be sentenced to a term 
21of imprisonment of a minimum of 6 years and a maximum of 45 
22years.
23 Aggravated battery as defined in subdivision (e)(5) is a 
24Class X felony for which a person shall be sentenced to a term 
25of imprisonment of a minimum of 12 years and a maximum of 45 
26years.
 
 
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1 Aggravated battery as defined in subdivision (e)(2), 
2(e)(3), or (e)(4) is a Class X felony for which a person shall 
3be sentenced to a term of imprisonment of a minimum of 15 years 
4and a maximum of 60 years.
5 Aggravated battery as defined in subdivision (e)(6), 
6(e)(7), or (e)(8) is a Class X felony for which a person shall 
7be sentenced to a term of imprisonment of a minimum of 20 years 
8and a maximum of 60 years.
9 Aggravated battery as defined in subdivision (b)(1) is a 
10Class X felony, except that:
11  (1) if the person committed the offense while armed 
12 with a firearm, 15 years shall be added to the term of 
13 imprisonment imposed by the court;
14  (2) if, during the commission of the offense, the 
15 person personally discharged a firearm, 20 years shall be 
16 added to the term of imprisonment imposed by the court;
17  (3) if, during the commission of the offense, the 
18 person personally discharged a firearm that proximately 
19 caused great bodily harm, permanent disability, permanent 
20 disfigurement, or death to another person, 25 years or up 
21 to a term of natural life shall be added to the term of 
22 imprisonment imposed by the court.
23 (i) Definitions. In this Section:
24 "Building or other structure used to provide shelter" has 
25the meaning ascribed to "shelter" in Section 1 of the Domestic 
26Violence Shelters Act.
 
 
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1 "Domestic violence" has the meaning ascribed to it in 
2Section 103 of the Illinois Domestic Violence Act of 1986.
3 "Domestic violence shelter" means any building or other 
4structure used to provide shelter or other services to victims 
5or to the dependent children of victims of domestic violence 
6pursuant to the Illinois Domestic Violence Act of 1986 or the 
7Domestic Violence Shelters Act, or any place within 500 feet 
8of such a building or other structure in the case of a person 
9who is going to or from such a building or other structure.
10 "Firearm" has the meaning provided under Section 2-7.5 of 
11this Code 1.1 of the Firearm Owners Identification Card Act, 
12and does not include an air rifle as defined by Section 
1324.8-0.1 of this Code. 
14 "Machine gun" has the meaning ascribed to it in Section 
1524-1 of this Code.
16 "Merchant" has the meaning ascribed to it in Section 
1716-0.1 of this Code. 
18 "Strangle" means intentionally impeding the normal 
19breathing or circulation of the blood of an individual by 
20applying pressure on the throat or neck of that individual or 
21by blocking the nose or mouth of that individual. 
22(Source: P.A. 103-51, eff. 1-1-24.)

23 (720 ILCS 5/16-0.1)
24 Sec. 16-0.1. Definitions. In this Article, unless the 
25context clearly requires otherwise, the following terms are 
 
 
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1defined as indicated:
2 "Access" means to use, instruct, communicate with, store 
3data in, retrieve or intercept data from, or otherwise utilize 
4any services of a computer.
5 "Coin-operated machine" includes any automatic vending 
6machine or any part thereof, parking meter, coin telephone, 
7coin-operated transit turnstile, transit fare box, coin 
8laundry machine, coin dry cleaning machine, amusement machine, 
9music machine, vending machine dispensing goods or services, 
10or money changer.
11 "Communication device" means any type of instrument, 
12device, machine, or equipment which is capable of 
13transmitting, acquiring, decrypting, or receiving any 
14telephonic, electronic, data, Internet access, audio, video, 
15microwave, or radio transmissions, signals, communications, or 
16services, including the receipt, acquisition, transmission, or 
17decryption of all such communications, transmissions, signals, 
18or services provided by or through any cable television, fiber 
19optic, telephone, satellite, microwave, radio, Internet-based, 
20data transmission, or wireless distribution network, system or 
21facility; or any part, accessory, or component thereof, 
22including any computer circuit, security module, smart card, 
23software, computer chip, electronic mechanism or other 
24component, accessory or part of any communication device which 
25is capable of facilitating the transmission, decryption, 
26acquisition or reception of all such communications, 
 
 
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1transmissions, signals, or services.
2 "Communication service" means any service lawfully 
3provided for a charge or compensation to facilitate the lawful 
4origination, transmission, emission, or reception of signs, 
5signals, data, writings, images, and sounds or intelligence of 
6any nature by telephone, including cellular telephones or a 
7wire, wireless, radio, electromagnetic, photo-electronic or 
8photo-optical system; and also any service lawfully provided 
9by any radio, telephone, cable television, fiber optic, 
10satellite, microwave, Internet-based or wireless distribution 
11network, system, facility or technology, including, but not 
12limited to, any and all electronic, data, video, audio, 
13Internet access, telephonic, microwave and radio 
14communications, transmissions, signals and services, and any 
15such communications, transmissions, signals and services 
16lawfully provided directly or indirectly by or through any of 
17those networks, systems, facilities or technologies.
18 "Communication service provider" means: (1) any person or 
19entity providing any communication service, whether directly 
20or indirectly, as a reseller, including, but not limited to, a 
21cellular, paging or other wireless communications company or 
22other person or entity which, for a fee, supplies the 
23facility, cell site, mobile telephone switching office or 
24other equipment or communication service; (2) any person or 
25entity owning or operating any cable television, fiber optic, 
26satellite, telephone, wireless, microwave, radio, data 
 
 
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1transmission or Internet-based distribution network, system or 
2facility; and (3) any person or entity providing any 
3communication service directly or indirectly by or through any 
4such distribution system, network or facility.
5 "Computer" means a device that accepts, processes, stores, 
6retrieves or outputs data, and includes but is not limited to 
7auxiliary storage and telecommunications devices connected to 
8computers.
9 "Continuing course of conduct" means a series of acts, and 
10the accompanying mental state necessary for the crime in 
11question, irrespective of whether the series of acts are 
12continuous or intermittent. 
13 "Delivery container" means any bakery basket of wire or 
14plastic used to transport or store bread or bakery products, 
15any dairy case of wire or plastic used to transport or store 
16dairy products, and any dolly or cart of 2 or 4 wheels used to 
17transport or store any bakery or dairy product.
18 "Document-making implement" means any implement, 
19impression, template, computer file, computer disc, electronic 
20device, computer hardware, computer software, instrument, or 
21device that is used to make a real or fictitious or fraudulent 
22personal identification document.
23 "Financial transaction device" means any of the following:
24  (1) An electronic funds transfer card.
25  (2) A credit card.
26  (3) A debit card.
 
 
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1  (4) A point-of-sale card.
2  (5) Any instrument, device, card, plate, code, account 
3 number, personal identification number, or a record or 
4 copy of a code, account number, or personal identification 
5 number or other means of access to a credit account or 
6 deposit account, or a driver's license or State 
7 identification card used to access a proprietary account, 
8 other than access originated solely by a paper instrument, 
9 that can be used alone or in conjunction with another 
10 access device, for any of the following purposes:
11   (A) Obtaining money, cash refund or credit 
12 account, credit, goods, services, or any other thing 
13 of value.
14   (B) Certifying or guaranteeing to a person or 
15 business the availability to the device holder of 
16 funds on deposit to honor a draft or check payable to 
17 the order of that person or business.
18   (C) Providing the device holder access to a 
19 deposit account for the purpose of making deposits, 
20 withdrawing funds, transferring funds between deposit 
21 accounts, obtaining information pertaining to a 
22 deposit account, or making an electronic funds 
23 transfer.
24 "Full retail value" means the merchant's stated or 
25advertised price of the merchandise. "Full retail value" 
26includes the aggregate value of property obtained from retail 
 
 
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1thefts committed by the same person as part of a continuing 
2course of conduct from one or more mercantile establishments 
3in a single transaction or in separate transactions over a 
4period of one year.
5 "Internet" means an interactive computer service or system 
6or an information service, system, or access software provider 
7that provides or enables computer access by multiple users to 
8a computer server, and includes, but is not limited to, an 
9information service, system, or access software provider that 
10provides access to a network system commonly known as the 
11Internet, or any comparable system or service and also 
12includes, but is not limited to, a World Wide Web page, 
13newsgroup, message board, mailing list, or chat area on any 
14interactive computer service or system or other online 
15service.
16 "Library card" means a card or plate issued by a library 
17facility for purposes of identifying the person to whom the 
18library card was issued as authorized to borrow library 
19material, subject to all limitations and conditions imposed on 
20the borrowing by the library facility issuing such card.
21 "Library facility" includes any public library or museum, 
22or any library or museum of an educational, historical or 
23eleemosynary institution, organization or society.
24 "Library material" includes any book, plate, picture, 
25photograph, engraving, painting, sculpture, statue, artifact, 
26drawing, map, newspaper, pamphlet, broadside, magazine, 
 
 
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1manuscript, document, letter, microfilm, sound recording, 
2audiovisual material, magnetic or other tape, electronic data 
3processing record or other documentary, written or printed 
4material regardless of physical form or characteristics, or 
5any part thereof, belonging to, or on loan to or otherwise in 
6the custody of a library facility.
7 "Manufacture or assembly of an unlawful access device" 
8means to make, produce or assemble an unlawful access device 
9or to modify, alter, program or re-program any instrument, 
10device, machine, equipment or software so that it is capable 
11of defeating or circumventing any technology, device or 
12software used by the provider, owner or licensee of a 
13communication service or of any data, audio or video programs 
14or transmissions to protect any such communication, data, 
15audio or video services, programs or transmissions from 
16unauthorized access, acquisition, disclosure, receipt, 
17decryption, communication, transmission or re-transmission.
18 "Manufacture or assembly of an unlawful communication 
19device" means to make, produce or assemble an unlawful 
20communication or wireless device or to modify, alter, program 
21or reprogram a communication or wireless device to be capable 
22of acquiring, disrupting, receiving, transmitting, decrypting, 
23or facilitating the acquisition, disruption, receipt, 
24transmission or decryption of, a communication service without 
25the express consent or express authorization of the 
26communication service provider, or to knowingly assist others 
 
 
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1in those activities.
2 "Master sound recording" means the original physical 
3object on which a given set of sounds were first recorded and 
4which the original object from which all subsequent sound 
5recordings embodying the same set of sounds are directly or 
6indirectly derived.
7 "Merchandise" means any item of tangible personal 
8property, including motor fuel.
9 "Merchant" means an owner or operator of any retail 
10mercantile establishment or any agent, employee, lessee, 
11consignee, officer, director, franchisee, or independent 
12contractor of the owner or operator. "Merchant" also means a 
13person who receives from an authorized user of a payment card, 
14or someone the person believes to be an authorized user, a 
15payment card or information from a payment card, or what the 
16person believes to be a payment card or information from a 
17payment card, as the instrument for obtaining, purchasing or 
18receiving goods, services, money, or anything else of value 
19from the person.
20 "Motor fuel" means a liquid, regardless of its properties, 
21used to propel a vehicle, including gasoline and diesel.
22 "Online" means the use of any electronic or wireless 
23device to access the Internet.
24 "Payment card" means a credit card, charge card, debit 
25card, or any other card that is issued to an authorized card 
26user and that allows the user to obtain, purchase, or receive 
 
 
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1goods, services, money, or anything else of value from a 
2merchant.
3 "Person with a disability" means a person who suffers from 
4a physical or mental impairment resulting from disease, 
5injury, functional disorder or congenital condition that 
6impairs the individual's mental or physical ability to 
7independently manage his or her property or financial 
8resources, or both. 
9 "Personal identification document" means a birth 
10certificate, a driver's license, a State identification card, 
11a public, government, or private employment identification 
12card, a social security card, a license issued under the 
13Firearm Concealed Carry Act firearm owner's identification 
14card, a credit card, a debit card, or a passport issued to or 
15on behalf of a person other than the offender, or any document 
16made or issued, or falsely purported to have been made or 
17issued, by or under the authority of the United States 
18Government, the State of Illinois, or any other state 
19political subdivision of any state, or any other governmental 
20or quasi-governmental organization that is of a type intended 
21for the purpose of identification of an individual, or any 
22such document made or altered in a manner that it falsely 
23purports to have been made on behalf of or issued to another 
24person or by the authority of one who did not give that 
25authority.
26 "Personal identifying information" means any of the 
 
 
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1following information:
2  (1) A person's name.
3  (2) A person's address.
4  (3) A person's date of birth.
5  (4) A person's telephone number.
6  (5) A person's driver's license number or State of 
7 Illinois identification card as assigned by the Secretary 
8 of State of the State of Illinois or a similar agency of 
9 another state.
10  (6) A person's social security number.
11  (7) A person's public, private, or government 
12 employer, place of employment, or employment 
13 identification number.
14  (8) The maiden name of a person's mother.
15  (9) The number assigned to a person's depository 
16 account, savings account, or brokerage account.
17  (10) The number assigned to a person's credit or debit 
18 card, commonly known as a "Visa Card", "MasterCard", 
19 "American Express Card", "Discover Card", or other similar 
20 cards whether issued by a financial institution, 
21 corporation, or business entity.
22  (11) Personal identification numbers.
23  (12) Electronic identification numbers.
24  (13) Digital signals.
25  (14) User names, passwords, and any other word, 
26 number, character or combination of the same usable in 
 
 
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1 whole or part to access information relating to a specific 
2 individual, or to the actions taken, communications made 
3 or received, or other activities or transactions of a 
4 specific individual.
5  (15) Any other numbers or information which can be 
6 used to access a person's financial resources, or to 
7 identify a specific individual, or the actions taken, 
8 communications made or received, or other activities or 
9 transactions of a specific individual.
10 "Premises of a retail mercantile establishment" includes, 
11but is not limited to, the retail mercantile establishment; 
12any common use areas in shopping centers; and all parking 
13areas set aside by a merchant or on behalf of a merchant for 
14the parking of vehicles for the convenience of the patrons of 
15such retail mercantile establishment.
16 "Public water, gas, or power supply, or other public 
17services" mean any service subject to regulation by the 
18Illinois Commerce Commission; any service furnished by a 
19public utility that is owned and operated by any political 
20subdivision, public institution of higher education or 
21municipal corporation of this State; any service furnished by 
22any public utility that is owned by such political 
23subdivision, public institution of higher education, or 
24municipal corporation and operated by any of its lessees or 
25operating agents; any service furnished by an electric 
26cooperative as defined in Section 3.4 of the Electric Supplier 
 
 
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1Act; or wireless service or other service regulated by the 
2Federal Communications Commission.
3 "Publish" means to communicate or disseminate information 
4to any one or more persons, either orally, in person, or by 
5telephone, radio or television or in writing of any kind, 
6including, without limitation, a letter or memorandum, 
7circular or handbill, newspaper or magazine article or book.
8 "Radio frequency identification device" means any 
9implement, computer file, computer disc, electronic device, 
10computer hardware, computer software, or instrument that is 
11used to activate, read, receive, or decode information stored 
12on a RFID tag or transponder attached to a personal 
13identification document. 
14 "RFID tag or transponder" means a chip or device that 
15contains personal identifying information from which the 
16personal identifying information can be read or decoded by 
17another device emitting a radio frequency that activates or 
18powers a radio frequency emission response from the chip or 
19transponder. 
20 "Reencoder" means an electronic device that places encoded 
21information from the magnetic strip or stripe of a payment 
22card onto the magnetic strip or stripe of a different payment 
23card.
24 "Retail mercantile establishment" means any place where 
25merchandise is displayed, held, stored or offered for sale to 
26the public.
 
 
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1 "Scanning device" means a scanner, reader, or any other 
2electronic device that is used to access, read, scan, obtain, 
3memorize, or store, temporarily or permanently, information 
4encoded on the magnetic strip or stripe of a payment card.
5 "Shopping cart" means those push carts of the type or 
6types which are commonly provided by grocery stores, drug 
7stores or other retail mercantile establishments for the use 
8of the public in transporting commodities in stores and 
9markets and, incidentally, from the stores to a place outside 
10the store.
11 "Sound or audio visual recording" means any sound or audio 
12visual phonograph record, disc, pre-recorded tape, film, wire, 
13magnetic tape or other object, device or medium, now known or 
14hereafter invented, by which sounds or images may be 
15reproduced with or without the use of any additional machine, 
16equipment or device.
17 "Stored value card" means any card, gift card, instrument, 
18or device issued with or without fee for the use of the 
19cardholder to obtain money, goods, services, or anything else 
20of value. Stored value cards include, but are not limited to, 
21cards issued for use as a stored value card or gift card, and 
22an account identification number or symbol used to identify a 
23stored value card. "Stored value card" does not include a 
24prepaid card usable at multiple, unaffiliated merchants or at 
25automated teller machines, or both. "Stored value card" shall 
26only apply to Section 16-25.1 of this Act. 
 
 
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1 "Theft detection device remover" means any tool or device 
2specifically designed and intended to be used to remove any 
3theft detection device from any merchandise.
4 "Under-ring" means to cause the cash register or other 
5sales recording device to reflect less than the full retail 
6value of the merchandise.
7 "Unidentified sound or audio visual recording" means a 
8sound or audio visual recording without the actual name and 
9full and correct street address of the manufacturer, and the 
10name of the actual performers or groups prominently and 
11legibly printed on the outside cover or jacket and on the label 
12of such sound or audio visual recording.
13 "Unlawful access device" means any type of instrument, 
14device, machine, equipment, technology, or software which is 
15primarily possessed, used, designed, assembled, manufactured, 
16sold, distributed or offered, promoted or advertised for the 
17purpose of defeating or circumventing any technology, device 
18or software, or any component or part thereof, used by the 
19provider, owner or licensee of any communication service or of 
20any data, audio or video programs or transmissions to protect 
21any such communication, audio or video services, programs or 
22transmissions from unauthorized access, acquisition, receipt, 
23decryption, disclosure, communication, transmission or 
24re-transmission.
25 "Unlawful communication device" means any electronic 
26serial number, mobile identification number, personal 
 
 
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1identification number or any communication or wireless device 
2that is capable of acquiring or facilitating the acquisition 
3of a communication service without the express consent or 
4express authorization of the communication service provider, 
5or that has been altered, modified, programmed or 
6reprogrammed, alone or in conjunction with another 
7communication or wireless device or other equipment, to so 
8acquire or facilitate the unauthorized acquisition of a 
9communication service. "Unlawful communication device" also 
10means:
11  (1) any phone altered to obtain service without the 
12 express consent or express authorization of the 
13 communication service provider, tumbler phone, counterfeit 
14 or clone phone, tumbler microchip, counterfeit or clone 
15 microchip, scanning receiver of wireless communication 
16 service or other instrument capable of disguising its 
17 identity or location or of gaining unauthorized access to 
18 a communications or wireless system operated by a 
19 communication service provider; and
20  (2) any communication or wireless device which is 
21 capable of, or has been altered, designed, modified, 
22 programmed or reprogrammed, alone or in conjunction with 
23 another communication or wireless device or devices, so as 
24 to be capable of, facilitating the disruption, 
25 acquisition, receipt, transmission or decryption of a 
26 communication service without the express consent or 
 
 
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1 express authorization of the communication service 
2 provider, including, but not limited to, any device, 
3 technology, product, service, equipment, computer software 
4 or component or part thereof, primarily distributed, sold, 
5 designed, assembled, manufactured, modified, programmed, 
6 reprogrammed or used for the purpose of providing the 
7 unauthorized receipt of, transmission of, disruption of, 
8 decryption of, access to or acquisition of any 
9 communication service provided by any communication 
10 service provider.
11 "Vehicle" means a motor vehicle, motorcycle, or farm 
12implement that is self-propelled and that uses motor fuel for 
13propulsion.
14 "Wireless device" includes any type of instrument, device, 
15machine, or equipment that is capable of transmitting or 
16receiving telephonic, electronic or radio communications, or 
17any part of such instrument, device, machine, or equipment, or 
18any computer circuit, computer chip, electronic mechanism, or 
19other component that is capable of facilitating the 
20transmission or reception of telephonic, electronic, or radio 
21communications. 
22(Source: P.A. 102-757, eff. 5-13-22.)

23 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
24 Sec. 17-30. Defaced, altered, or removed manufacturer or 
25owner identification number.  
 
 
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1 (a) Unlawful sale of household appliances. A person 
2commits unlawful sale of household appliances when he or she 
3knowingly, with the intent to defraud or deceive another, 
4keeps for sale, within any commercial context, any household 
5appliance with a missing, defaced, obliterated, or otherwise 
6altered manufacturer's identification number.
7 (b) Construction equipment identification defacement. A 
8person commits construction equipment identification 
9defacement when he or she knowingly changes, alters, removes, 
10mutilates, or obliterates a permanently affixed serial number, 
11product identification number, part number, component 
12identification number, owner-applied identification, or other 
13mark of identification attached to or stamped, inscribed, 
14molded, or etched into a machine or other equipment, whether 
15stationary or mobile or self-propelled, or a part of such 
16machine or equipment, used in the construction, maintenance, 
17or demolition of buildings, structures, bridges, tunnels, 
18sewers, utility pipes or lines, ditches or open cuts, roads, 
19highways, dams, airports, or waterways or in material handling 
20for such projects. 
21 The trier of fact may infer that the defendant has 
22knowingly changed, altered, removed, or obliterated the serial 
23number, product identification number, part number, component 
24identification number, owner-applied identification number, or 
25other mark of identification, if the defendant was in 
26possession of any machine or other equipment or a part of such 
 
 
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1machine or equipment used in the construction, maintenance, or 
2demolition of buildings, structures, bridges, tunnels, sewers, 
3utility pipes or lines, ditches or open cuts, roads, highways, 
4dams, airports, or waterways or in material handling for such 
5projects upon which any such serial number, product 
6identification number, part number, component identification 
7number, owner-applied identification number, or other mark of 
8identification has been changed, altered, removed, or 
9obliterated. 
10 (c) Defacement of manufacturer's serial number or 
11identification mark. A person commits defacement of a 
12manufacturer's serial number or identification mark when he or 
13she knowingly removes, alters, defaces, covers, or destroys 
14the manufacturer's serial number or any other manufacturer's 
15number or distinguishing identification mark upon any machine 
16or other article of merchandise, other than a motor vehicle as 
17defined in Section 1-146 of the Illinois Vehicle Code or a 
18firearm as defined in the Firearm Owners Identification Card 
19Act, with the intent of concealing or destroying the identity 
20of such machine or other article of merchandise. 
21 (d) Sentence.
22  (1) A violation of subsection (a) of this Section is a 
23 Class 4 felony if the value of the appliance or appliances 
24 exceeds $1,000 and a Class B misdemeanor if the value of 
25 the appliance or appliances is $1,000 or less.
26  (2) A violation of subsection (b) of this Section is a 
 
 
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1 Class A misdemeanor.
2  (3) A violation of subsection (c) of this Section is a 
3 Class B misdemeanor. 
4 (e) No liability shall be imposed upon any person for the 
5unintentional failure to comply with subsection (a).
6 (f) Definitions. In this Section:
7 "Commercial context" means a continuing business 
8enterprise conducted for profit by any person whose primary 
9business is the wholesale or retail marketing of household 
10appliances, or a significant portion of whose business or 
11inventory consists of household appliances kept or sold on a 
12wholesale or retail basis.
13 "Household appliance" means any gas or electric device or 
14machine marketed for use as home entertainment or for 
15facilitating or expediting household tasks or chores. The term 
16shall include but not necessarily be limited to refrigerators, 
17freezers, ranges, radios, television sets, vacuum cleaners, 
18toasters, dishwashers, and other similar household items.
19 "Manufacturer's identification number" means any serial 
20number or other similar numerical or alphabetical designation 
21imprinted upon or attached to or placed, stamped, or otherwise 
22imprinted upon or attached to a household appliance or item by 
23the manufacturer for purposes of identifying a particular 
24appliance or item individually or by lot number. 
25(Source: P.A. 96-1551, eff. 7-1-11.)

 
 
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1 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
2 Sec. 24-1. Unlawful use of weapons. 
3 (a) A person commits the offense of unlawful use of 
4weapons when he knowingly:
5  (1) Sells, manufactures, purchases, possesses or 
6 carries any bludgeon, black-jack, slung-shot, sand-club, 
7 sand-bag, metal knuckles or other knuckle weapon 
8 regardless of its composition, throwing star, or any 
9 knife, commonly referred to as a switchblade knife, which 
10 has a blade that opens automatically by hand pressure 
11 applied to a button, spring or other device in the handle 
12 of the knife, or a ballistic knife, which is a device that 
13 propels a knifelike blade as a projectile by means of a 
14 coil spring, elastic material or compressed gas; or
15  (2) Carries or possesses with intent to use the same 
16 unlawfully against another, a dagger, dirk, billy, 
17 dangerous knife, razor, stiletto, broken bottle or other 
18 piece of glass, stun gun or taser or any other dangerous or 
19 deadly weapon or instrument of like character; or
20  (2.5) Carries or possesses with intent to use the same 
21 unlawfully against another, any firearm in a church, 
22 synagogue, mosque, or other building, structure, or place 
23 used for religious worship; or 
24  (3) Carries on or about his person or in any vehicle, a 
25 tear gas gun projector or bomb or any object containing 
26 noxious liquid gas or substance, other than an object 
 
 
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1 containing a non-lethal noxious liquid gas or substance 
2 designed solely for personal defense carried by a person 
3 18 years of age or older; or
4  (4) Carries or possesses in any vehicle or concealed 
5 on or about his person except when on his land or in his 
6 own abode, legal dwelling, or fixed place of business, or 
7 on the land or in the legal dwelling of another person as 
8 an invitee with that person's permission, any pistol, 
9 revolver, stun gun or taser or other firearm, except that 
10 this subsection (a)(4) does not apply to or affect 
11 transportation of weapons that meet one of the following 
12 conditions:
13   (i) are broken down in a non-functioning state; or
14   (ii) are not immediately accessible; or
15   (iii) are unloaded and enclosed in a case, firearm 
16 carrying box, shipping box, or other container by a 
17 person eligible under State and federal law to possess 
18 a firearm who has been issued a currently valid 
19 Firearm Owner's Identification Card; or
20   (iv) are carried or possessed in accordance with 
21 the Firearm Concealed Carry Act by a person who has 
22 been issued a currently valid license under the 
23 Firearm Concealed Carry Act; or 
24  (5) Sets a spring gun; or
25  (6) Possesses any device or attachment of any kind 
26 designed, used or intended for use in silencing the report 
 
 
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1 of any firearm; or
2  (7) Sells, manufactures, purchases, possesses or 
3 carries:
4   (i) a machine gun, which shall be defined for the 
5 purposes of this subsection as any weapon, which 
6 shoots, is designed to shoot, or can be readily 
7 restored to shoot, automatically more than one shot 
8 without manually reloading by a single function of the 
9 trigger, including the frame or receiver of any such 
10 weapon, or sells, manufactures, purchases, possesses, 
11 or carries any combination of parts designed or 
12 intended for use in converting any weapon into a 
13 machine gun, or any combination or parts from which a 
14 machine gun can be assembled if such parts are in the 
15 possession or under the control of a person;
16   (ii) any rifle having one or more barrels less 
17 than 16 inches in length or a shotgun having one or 
18 more barrels less than 18 inches in length or any 
19 weapon made from a rifle or shotgun, whether by 
20 alteration, modification, or otherwise, if such a 
21 weapon as modified has an overall length of less than 
22 26 inches; or
23   (iii) any bomb, bomb-shell, grenade, bottle or 
24 other container containing an explosive substance of 
25 over one-quarter ounce for like purposes, such as, but 
26 not limited to, black powder bombs and Molotov 
 
 
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1 cocktails or artillery projectiles; or
2  (8) Carries or possesses any firearm, stun gun or 
3 taser or other deadly weapon in any place which is 
4 licensed to sell intoxicating beverages, or at any public 
5 gathering held pursuant to a license issued by any 
6 governmental body or any public gathering at which an 
7 admission is charged, excluding a place where a showing, 
8 demonstration or lecture involving the exhibition of 
9 unloaded firearms is conducted.
10  This subsection (a)(8) does not apply to any auction 
11 or raffle of a firearm held pursuant to a license or permit 
12 issued by a governmental body, nor does it apply to 
13 persons engaged in firearm safety training courses; or
14  (9) Carries or possesses in a vehicle or on or about 
15 his or her person any pistol, revolver, stun gun or taser 
16 or firearm or ballistic knife, when he or she is hooded, 
17 robed or masked in such manner as to conceal his or her 
18 identity; or
19  (10) 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 land 
25 or in his or her own abode, legal dwelling, or fixed place 
26 of business, or on the land or in the legal dwelling of 
 
 
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1 another person as an invitee with that person's 
2 permission, any pistol, revolver, stun gun, or taser or 
3 other firearm, except that this subsection (a)(10) does 
4 not apply to or affect transportation of weapons that meet 
5 one of the following conditions:
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 
10 person eligible under State and federal law to possess 
11 a firearm who has been issued a currently valid 
12 Firearm Owner's Identification Card; or
13   (iv) are carried or possessed in accordance with 
14 the Firearm Concealed Carry Act by a person who has 
15 been issued a currently valid license under the 
16 Firearm Concealed Carry Act. 
17  A "stun gun or taser", as used in this paragraph (a) 
18 means (i) any device which is powered by electrical 
19 charging units, such as, batteries, and which fires one or 
20 several barbs attached to a length of wire and which, upon 
21 hitting a human, can send out a current capable of 
22 disrupting the person's nervous system in such a manner as 
23 to render him incapable of normal functioning or (ii) any 
24 device which is powered by electrical charging units, such 
25 as batteries, and which, upon contact with a human or 
26 clothing worn by a human, can send out current capable of 
 
 
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1 disrupting the person's nervous system in such a manner as 
2 to render him incapable of normal functioning; or
3  (11) Sells, manufactures, delivers, imports, 
4 possesses, or purchases any assault weapon attachment or 
5 .50 caliber cartridge in violation of Section 24-1.9 or 
6 any explosive bullet. For purposes of this paragraph (a) 
7 "explosive bullet" means the projectile portion of an 
8 ammunition cartridge which contains or carries an 
9 explosive charge which will explode upon contact with the 
10 flesh of a human or an animal. "Cartridge" means a tubular 
11 metal case having a projectile affixed at the front 
12 thereof and a cap or primer at the rear end thereof, with 
13 the propellant contained in such tube between the 
14 projectile and the cap; or
15  (12) (Blank); or
16  (13) Carries or possesses on or about his or her 
17 person while in a building occupied by a unit of 
18 government, a billy club, other weapon of like character, 
19 or other instrument of like character intended for use as 
20 a weapon. For the purposes of this Section, "billy club" 
21 means a short stick or club commonly carried by police 
22 officers which is either telescopic or constructed of a 
23 solid piece of wood or other man-made material; or
24  (14) Manufactures, possesses, sells, or offers to 
25 sell, purchase, manufacture, import, transfer, or use any 
26 device, part, kit, tool, accessory, or combination of 
 
 
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1 parts that is designed to and functions to increase the 
2 rate of fire of a semiautomatic firearm above the standard 
3 rate of fire for semiautomatic firearms that is not 
4 equipped with that device, part, or combination of parts; 
5 or
6  (15) Carries or possesses any assault weapon or .50 
7 caliber rifle in violation of Section 24-1.9; or
8  (16) Manufactures, sells, delivers, imports, or 
9 purchases any assault weapon or .50 caliber rifle in 
10 violation of Section 24-1.9. 
11 (b) Sentence. A person convicted of a violation of 
12subsection 24-1(a)(1) through (5), subsection 24-1(a)(10), 
13subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) 
14commits a Class A misdemeanor. A person convicted of a 
15violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a 
16Class 4 felony; a person convicted of a violation of 
17subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or 
1824-1(a)(16) commits a Class 3 felony. A person convicted of a 
19violation of subsection 24-1(a)(7)(i) commits a Class 2 felony 
20and shall be sentenced to a term of imprisonment of not less 
21than 3 years and not more than 7 years, unless the weapon is 
22possessed in the passenger compartment of a motor vehicle as 
23defined in Section 1-146 of the Illinois Vehicle Code, or on 
24the person, while the weapon is loaded, in which case it shall 
25be a Class X felony. A person convicted of a second or 
26subsequent violation of subsection 24-1(a)(4), 24-1(a)(8), 
 
 
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124-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3 
2felony. A person convicted of a violation of subsection 
324-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The 
4possession of each weapon or device in violation of this 
5Section constitutes a single and separate violation.
6 (c) Violations in specific places.
7  (1) A person who violates subsection 24-1(a)(6) or 
8 24-1(a)(7) in any school, regardless of the time of day or 
9 the time of year, in residential property owned, operated 
10 or managed by a public housing agency or leased by a public 
11 housing agency as part of a scattered site or mixed-income 
12 development, in a public park, in a courthouse, on the 
13 real property comprising any school, regardless of the 
14 time of day or the time of year, on residential property 
15 owned, operated or managed by a public housing agency or 
16 leased by a public housing agency as part of a scattered 
17 site or mixed-income development, on the real property 
18 comprising any public park, on the real property 
19 comprising any courthouse, in any conveyance owned, leased 
20 or contracted by a school to transport students to or from 
21 school or a school related activity, in any conveyance 
22 owned, leased, or contracted by a public transportation 
23 agency, or on any public way within 1,000 feet of the real 
24 property comprising any school, public park, courthouse, 
25 public transportation facility, or residential property 
26 owned, operated, or managed by a public housing agency or 
 
 
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1 leased by a public housing agency as part of a scattered 
2 site or mixed-income development commits a Class 2 felony 
3 and shall be sentenced to a term of imprisonment of not 
4 less than 3 years and not more than 7 years.
5  (1.5) A person who violates subsection 24-1(a)(4), 
6 24-1(a)(9), or 24-1(a)(10) in any school, regardless of 
7 the time of day or the time of year, in residential 
8 property owned, operated, or managed by a public housing 
9 agency or leased by a public housing agency as part of a 
10 scattered site or mixed-income development, in a public 
11 park, in a courthouse, on the real property comprising any 
12 school, regardless of the time of day or the time of year, 
13 on residential property owned, operated, or managed by a 
14 public housing agency or leased by a public housing agency 
15 as part of a scattered site or mixed-income development, 
16 on the real property comprising any public park, on the 
17 real property comprising any courthouse, in any conveyance 
18 owned, leased, or contracted by a school to transport 
19 students to or from school or a school related activity, 
20 in any conveyance owned, leased, or contracted by a public 
21 transportation agency, or on any public way within 1,000 
22 feet of the real property comprising any school, public 
23 park, courthouse, public transportation facility, or 
24 residential property owned, operated, or managed by a 
25 public housing agency or leased by a public housing agency 
26 as part of a scattered site or mixed-income development 
 
 
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1 commits a Class 3 felony.
2  (2) A person who violates subsection 24-1(a)(1), 
3 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the 
4 time of day or the time of year, in residential property 
5 owned, operated or managed by a public housing agency or 
6 leased by a public housing agency as part of a scattered 
7 site or mixed-income development, in a public park, in a 
8 courthouse, on the real property comprising any school, 
9 regardless of the time of day or the time of year, on 
10 residential property owned, operated or managed by a 
11 public housing agency or leased by a public housing agency 
12 as part of a scattered site or mixed-income development, 
13 on the real property comprising any public park, on the 
14 real property comprising any courthouse, in any conveyance 
15 owned, leased or contracted by a school to transport 
16 students to or from school or a school related activity, 
17 in any conveyance owned, leased, or contracted by a public 
18 transportation agency, or on any public way within 1,000 
19 feet of the real property comprising any school, public 
20 park, courthouse, public transportation facility, or 
21 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 commits a Class 4 felony. "Courthouse" means any building 
25 that is used by the Circuit, Appellate, or Supreme Court 
26 of this State for the conduct of official business.
 
 
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1  (3) Paragraphs (1), (1.5), and (2) of this subsection 
2 (c) shall not apply to law enforcement officers or 
3 security officers of such school, college, or university 
4 or to students carrying or possessing firearms for use in 
5 training courses, parades, hunting, target shooting on 
6 school ranges, or otherwise with the consent of school 
7 authorities and which firearms are transported unloaded 
8 enclosed in a suitable case, box, or transportation 
9 package.
10  (4) For the purposes of this subsection (c), "school" 
11 means any public or private elementary or secondary 
12 school, community college, college, or university.
13  (5) For the purposes of this subsection (c), "public 
14 transportation agency" means a public or private agency 
15 that provides for the transportation or conveyance of 
16 persons by means available to the general public, except 
17 for transportation by automobiles not used for conveyance 
18 of the general public as passengers; and "public 
19 transportation facility" means a terminal or other place 
20 where one may obtain public transportation. 
21 (d) The presence in an automobile other than a public 
22omnibus of any weapon, instrument or substance referred to in 
23subsection (a)(7) is prima facie evidence that it is in the 
24possession of, and is being carried by, all persons occupying 
25such automobile at the time such weapon, instrument or 
26substance is found, except under the following circumstances: 
 
 
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1(i) if such weapon, instrument or instrumentality is found 
2upon the person of one of the occupants therein; or (ii) if 
3such weapon, instrument or substance is found in an automobile 
4operated for hire by a duly licensed driver in the due, lawful 
5and proper pursuit of his or her trade, then such presumption 
6shall not apply to the driver.
7 (e) Exemptions.
8  (1) Crossbows, Common or Compound bows and Underwater 
9 Spearguns are exempted from the definition of ballistic 
10 knife as defined in paragraph (1) of subsection (a) of 
11 this Section.
12  (2) The provision of paragraph (1) of subsection (a) 
13 of this Section prohibiting the sale, manufacture, 
14 purchase, possession, or carrying of any knife, commonly 
15 referred to as a switchblade knife, which has a blade that 
16 opens automatically by hand pressure applied to a button, 
17 spring or other device in the handle of the knife, does not 
18 apply to a person eligible under State and federal law to 
19 possess a firearm who possesses a currently valid Firearm 
20 Owner's Identification Card previously issued in his or 
21 her name by the Illinois State Police or to a person or an 
22 entity engaged in the business of selling or manufacturing 
23 switchblade knives. 
24(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; 
25102-1116, eff. 1-10-23.)

 
 
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1 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
2 Sec. 24-1.1. Unlawful use or possession of weapons by 
3felons or persons in the custody of the Department of 
4Corrections facilities.
5 (a) It is unlawful for a person to knowingly possess on or 
6about his person or on his land or in his own abode or fixed 
7place of business any weapon prohibited under Section 24-1 of 
8this Act or any firearm or any firearm ammunition if the person 
9has been convicted of a felony under the laws of this State or 
10any other jurisdiction. This Section shall not apply if the 
11person has been granted relief under this subsection by the 
12Director of the Illinois State Police under Section 10 of the 
13Firearm Owners Identification Card Act. A person prohibited 
14from possessing a firearm under this subsection (a) may 
15petition the Director of the Illinois State Police for a 
16hearing and relief from the prohibition, unless the 
17prohibition was based upon a forcible felony, stalking, 
18aggravated stalking, domestic battery, any violation of the 
19Illinois Controlled Substances Act, the Methamphetamine 
20Control and Community Protection Act, or the Cannabis Control 
21Act that is classified as a Class 2 or greater felony, any 
22felony violation of Article 24 of the Criminal Code of 1961 or 
23the Criminal Code of 2012, or any adjudication as a delinquent 
24minor for the commission of an offense that if committed by an 
25adult would be a felony, in which case the person may petition 
26the circuit court in writing in the county of his or her 
 
 
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1residence for a hearing and relief from the prohibition. The 
2Director or court may grant the relief if it is established by 
3the petitioner to the court's or Director's satisfaction that:
4  (1) when in the circuit court, the State's Attorney 
5 has been served with a written copy of the petition at 
6 least 30 days before any hearing in the circuit court and 
7 at the hearing the State's Attorney was afforded an 
8 opportunity to present evidence and object to the 
9 petition;
10  (2) the petitioner has not been convicted of a 
11 forcible felony under the laws of this State or any other 
12 jurisdiction within 20 years of the filing of the 
13 petition, or at least 20 years have passed since the end of 
14 any period of imprisonment imposed in relation to that 
15 conviction;
16  (3) the circumstances regarding a criminal conviction, 
17 where applicable, the petitioner's criminal history and 
18 his or her reputation are such that the petitioner will 
19 not be likely to act in a manner dangerous to public 
20 safety;
21  (4) granting relief would not be contrary to the 
22 public interest; and
23  (5) granting relief would not be contrary to federal 
24 law. 
25 (b) It is unlawful for any person confined in a penal 
26institution, which is a facility of the Illinois Department of 
 
 
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1Corrections, to possess any weapon prohibited under Section 
224-1 of this Code or any firearm or firearm ammunition, 
3regardless of the intent with which he possesses it.
4 (c) It shall be an affirmative defense to a violation of 
5subsection (b), that such possession was specifically 
6authorized by rule, regulation, or directive of the Illinois 
7Department of Corrections or order issued pursuant thereto.
8 (d) The defense of necessity is not available to a person 
9who is charged with a violation of subsection (b) of this 
10Section.
11 (e) Sentence. Violation of this Section by a person not 
12confined in a penal institution shall be a Class 3 felony for 
13which the person shall be sentenced to no less than 2 years and 
14no more than 10 years. A second or subsequent violation of this 
15Section shall be a Class 2 felony for which the person shall be 
16sentenced to a term of imprisonment of not less than 3 years 
17and not more than 14 years, except as provided for in Section 
185-4.5-110 of the Unified Code of Corrections. Violation of 
19this Section by a person not confined in a penal institution 
20who has been convicted of a forcible felony, a felony 
21violation of Article 24 of this Code or of the Firearm Owners 
22Identification Card Act, stalking or aggravated stalking, or a 
23Class 2 or greater felony under the Illinois Controlled 
24Substances Act, the Cannabis Control Act, or the 
25Methamphetamine Control and Community Protection Act is a 
26Class 2 felony for which the person shall be sentenced to not 
 
 
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1less than 3 years and not more than 14 years, except as 
2provided for in Section 5-4.5-110 of the Unified Code of 
3Corrections. Violation of this Section by a person who is on 
4parole or mandatory supervised release is a Class 2 felony for 
5which the person shall be sentenced to not less than 3 years 
6and not more than 14 years, except as provided for in Section 
75-4.5-110 of the Unified Code of Corrections. Violation of 
8this Section by a person not confined in a penal institution is 
9a Class X felony when the firearm possessed is a machine gun. 
10Any person who violates this Section while confined in a penal 
11institution, which is a facility of the Illinois Department of 
12Corrections, is guilty of a Class 1 felony, if he possesses any 
13weapon prohibited under Section 24-1 of this Code regardless 
14of the intent with which he possesses it, a Class X felony if 
15he possesses any firearm, firearm ammunition or explosive, and 
16a Class X felony for which the offender shall be sentenced to 
17not less than 12 years and not more than 50 years when the 
18firearm possessed is a machine gun. A violation of this 
19Section while wearing or in possession of body armor as 
20defined in Section 33F-1 is a Class X felony punishable by a 
21term of imprisonment of not less than 10 years and not more 
22than 40 years. The possession of each firearm or firearm 
23ammunition in violation of this Section constitutes a single 
24and separate violation.
25(Source: P.A. 102-538, eff. 8-20-21.)

 
 
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1 (720 ILCS 5/24-1.6)
2 Sec. 24-1.6. Aggravated unlawful use of a weapon. 
3 (a) A person commits the offense of aggravated unlawful 
4use of a weapon when he or she knowingly:
5  (1) Carries on or about his or her person or in any 
6 vehicle or concealed on or about his or her person except 
7 when on his or her land or in his or her abode, legal 
8 dwelling, or fixed place of business, or on the land or in 
9 the legal dwelling of another person as an invitee with 
10 that person's permission, any pistol, revolver, stun gun 
11 or taser or other firearm; or
12  (2) Carries or possesses on or about his or her 
13 person, upon any public street, alley, or other public 
14 lands within the corporate limits of a city, village or 
15 incorporated town, except when an invitee thereon or 
16 therein, for the purpose of the display of such weapon or 
17 the lawful commerce in weapons, or except when on his or 
18 her own land or in his or her own abode, legal dwelling, or 
19 fixed place of business, or on the land or in the legal 
20 dwelling of another person as an invitee with that 
21 person's permission, any pistol, revolver, stun gun or 
22 taser or other firearm; and
23  (3) One of the following factors is present:
24   (A) the firearm, other than a pistol, revolver, or 
25 handgun, possessed was uncased, loaded, and 
26 immediately accessible at the time of the offense; or
 
 
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1   (A-5) the pistol, revolver, or handgun possessed 
2 was uncased, loaded, and immediately accessible at the 
3 time of the offense and the person possessing the 
4 pistol, revolver, or handgun has not been issued a 
5 currently valid license under the Firearm Concealed 
6 Carry Act; or 
7   (B) the firearm, other than a pistol, revolver, or 
8 handgun, possessed was uncased, unloaded, and the 
9 ammunition for the weapon was immediately accessible 
10 at the time of the offense; or
11   (B-5) the pistol, revolver, or handgun possessed 
12 was uncased, unloaded, and the ammunition for the 
13 weapon was immediately accessible at the time of the 
14 offense and the person possessing the pistol, 
15 revolver, or handgun has not been issued a currently 
16 valid license under the Firearm Concealed Carry Act; 
17 or 
18   (C) (blank); or the person possessing the firearm 
19 has not been issued a currently valid Firearm Owner's 
20 Identification Card; or
21   (D) the person possessing the weapon was 
22 previously adjudicated a delinquent minor under the 
23 Juvenile Court Act of 1987 for an act that if committed 
24 by an adult would be a felony; or
25   (E) the person possessing the weapon was engaged 
26 in a misdemeanor violation of the Cannabis Control 
 
 
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1 Act, in a misdemeanor violation of the Illinois 
2 Controlled Substances Act, or in a misdemeanor 
3 violation of the Methamphetamine Control and Community 
4 Protection Act; or
5   (F) (blank); or
6   (G) the person possessing the weapon had an order 
7 of protection issued against him or her within the 
8 previous 2 years; or
9   (H) the person possessing the weapon was engaged 
10 in the commission or attempted commission of a 
11 misdemeanor involving the use or threat of violence 
12 against the person or property of another; or
13   (I) the person possessing the weapon was under 21 
14 years of age and in possession of a handgun, unless the 
15 person under 21 is engaged in lawful activities under 
16 the Wildlife Code or described in subsection 
17 24-2(b)(1), (b)(3), or 24-2(f).
18 (a-5) "Handgun" as used in this Section has the meaning 
19given to it in Section 5 of the Firearm Concealed Carry Act. 
20 (b) "Stun gun or taser" as used in this Section has the 
21same definition given to it in Section 24-1 of this Code.
22 (c) This Section does not apply to or affect the 
23transportation or possession of weapons that:
24  (i) are broken down in a non-functioning state; or
25  (ii) are not immediately accessible; or
26  (iii) are unloaded and enclosed in a case, firearm 
 
 
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1 carrying box, shipping box, or other container by a person 
2 is eligible under State and federal law to possess a 
3 firearm who has been issued a currently valid Firearm 
4 Owner's Identification Card.
5 (d) Sentence.
6  (1) Aggravated unlawful use of a weapon is a Class 4 
7 felony; a second or subsequent offense is a Class 2 felony 
8 for which the person shall be sentenced to a term of 
9 imprisonment of not less than 3 years and not more than 7 
10 years, except as provided for in Section 5-4.5-110 of the 
11 Unified Code of Corrections. 
12  (2) (Blank). Except as otherwise provided in 
13 paragraphs (3) and (4) of this subsection (d), a first 
14 offense of aggravated unlawful use of a weapon committed 
15 with a firearm by a person 18 years of age or older where 
16 the factors listed in both items (A) and (C) or both items 
17 (A-5) and (C) of paragraph (3) of subsection (a) are 
18 present is a Class 4 felony, for which the person shall be 
19 sentenced to a term of imprisonment of not less than one 
20 year and not more than 3 years.
21  (3) Aggravated unlawful use of a weapon by a person 
22 who has been previously convicted of a felony in this 
23 State or another jurisdiction is a Class 2 felony for 
24 which the person shall be sentenced to a term of 
25 imprisonment of not less than 3 years and not more than 7 
26 years, except as provided for in Section 5-4.5-110 of the 
 
 
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1 Unified Code of Corrections. 
2  (4) Aggravated unlawful use of a weapon while wearing 
3 or in possession of body armor as defined in Section 33F-1 
4 by a person who is prohibited under State or federal law 
5 from possessing a firearm has not been issued a valid 
6 Firearms Owner's Identification Card in accordance with 
7 Section 5 of the Firearm Owners Identification Card Act is 
8 a Class X felony. 
9 (e) The possession of each firearm in violation of this 
10Section constitutes a single and separate violation.
11(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

12 (720 ILCS 5/24-1.8)
13 Sec. 24-1.8. Unlawful possession of a firearm by a street 
14gang member.
15 (a) A person commits unlawful possession of a firearm by a 
16street gang member when he or she knowingly:
17  (1) possesses, carries, or conceals on or about his or 
18 her person a firearm and firearm ammunition while on any 
19 street, road, alley, gangway, sidewalk, or any other 
20 lands, except when inside his or her own abode or inside 
21 his or her fixed place of business, and has not been issued 
22 a currently valid Firearm Owner's Identification Card and 
23 is a member of a street gang; or
24  (2) possesses or carries in any vehicle a firearm and 
25 firearm ammunition which are both immediately accessible 
 
 
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1 at the time of the offense while on any street, road, 
2 alley, or any other lands, except when inside his or her 
3 own abode or garage, and has not been issued a currently 
4 valid Firearm Owner's Identification Card and is a member 
5 of a street gang.
6 (b) Unlawful possession of a firearm by a street gang 
7member is a Class 2 felony for which the person, if sentenced 
8to a term of imprisonment, shall be sentenced to no less than 3 
9years and no more than 10 years. A period of probation, a term 
10of periodic imprisonment or conditional discharge shall not be 
11imposed for the offense of unlawful possession of a firearm by 
12a street gang member when the firearm was loaded or contained 
13firearm ammunition and the court shall sentence the offender 
14to not less than the minimum term of imprisonment authorized 
15for the Class 2 felony.
16 (c) For purposes of this Section:
17  "Street gang" or "gang" has the meaning ascribed to it 
18 in Section 10 of the Illinois Streetgang Terrorism Omnibus 
19 Prevention Act.
20  "Street gang member" or "gang member" has the meaning 
21 ascribed to it in Section 10 of the Illinois Streetgang 
22 Terrorism Omnibus Prevention Act.
23(Source: P.A. 96-829, eff. 12-3-09.)

24 (720 ILCS 5/24-1.9)
25 Sec. 24-1.9. Manufacture, possession, delivery, sale, and 
 
 
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1purchase of assault weapons, .50 caliber rifles, and .50 
2caliber cartridges.
3 (a) Definitions. In this Section:
4 (1) "Assault weapon" means any of the following, except as 
5provided in subdivision (2) of this subsection: 
6  (A) A semiautomatic rifle that has the capacity to 
7 accept a detachable magazine or that may be readily 
8 modified to accept a detachable magazine, if the firearm 
9 has one or more of the following:
10   (i) a pistol grip or thumbhole stock;
11   (ii) any feature capable of functioning as a 
12 protruding grip that can be held by the non-trigger 
13 hand;
14   (iii) a folding, telescoping, thumbhole, or 
15 detachable stock, or a stock that is otherwise 
16 foldable or adjustable in a manner that operates to 
17 reduce the length, size, or any other dimension, or 
18 otherwise enhances the concealability of, the weapon; 
19   (iv) a flash suppressor;
20   (v) a grenade launcher;
21   (vi) 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  (B) A semiautomatic rifle that has a fixed magazine 
 
 
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1 with the capacity to accept more than 10 rounds, except 
2 for an attached tubular device designed to accept, and 
3 capable of operating only with, .22 caliber rimfire 
4 ammunition.
5  (C) A semiautomatic pistol that has the capacity to 
6 accept a detachable magazine or that may be readily 
7 modified to accept a detachable magazine, if the firearm 
8 has one or more of the following:
9   (i) a threaded barrel;
10   (ii) a second pistol grip or another feature 
11 capable of functioning as a protruding grip that can 
12 be held by the non-trigger hand;
13   (iii) a shroud attached to the barrel or that 
14 partially or completely encircles the barrel, allowing 
15 the bearer to hold the firearm with the non-trigger 
16 hand without being burned, but excluding a slide that 
17 encloses the barrel;
18   (iv) a flash suppressor; 
19   (v) the capacity to accept a detachable magazine 
20 at some location outside of the pistol grip; or
21   (vi) a buffer tube, arm brace, or other part that 
22 protrudes horizontally behind the pistol grip and is 
23 designed or redesigned to allow or facilitate a 
24 firearm to be fired from the shoulder. 
25  (D) A semiautomatic pistol that has a fixed magazine 
26 with the capacity to accept more than 15 rounds.
 
 
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1  (E) Any shotgun with a revolving cylinder. 
2  (F) A semiautomatic shotgun that has one or more of 
3 the following:
4   (i) a pistol grip or thumbhole stock;
5   (ii) any feature capable of functioning as a 
6 protruding grip that can be held by the non-trigger 
7 hand;
8   (iii) a folding or thumbhole stock; 
9   (iv) a grenade launcher;
10   (v) a fixed magazine with the capacity of more 
11 than 5 rounds; or 
12   (vi) the capacity to accept a detachable magazine. 
13  (G) Any semiautomatic firearm that has the capacity to 
14 accept a belt ammunition feeding device.
15  (H) Any firearm that has been modified to be operable 
16 as an assault weapon as defined in this Section. 
17  (I) Any part or combination of parts designed or 
18 intended to convert a firearm into an assault weapon, 
19 including any combination of parts from which an assault 
20 weapon may be readily assembled if those parts are in the 
21 possession or under the control of the same person. 
22  (J) All of the following rifles, copies, duplicates, 
23 variants, or altered facsimiles with the capability of any 
24 such weapon: 
25   (i) All AK types, including the following:
26    (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM, 
 
 
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1 MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms 
2 AK-47, VEPR, WASR-10, and WUM. 
3    (II) IZHMASH Saiga AK. 
4    (III) MAADI AK47 and ARM. 
5    (IV) Norinco 56S, 56S2, 84S, and 86S. 
6    (V) Poly Technologies AK47 and AKS. 
7    (VI) SKS with a detachable magazine. 
8   (ii) all AR types, including the following:
9    (I) AR-10. 
10    (II) AR-15. 
11    (III) Alexander Arms Overmatch Plus 16. 
12    (IV) Armalite M15 22LR Carbine. 
13    (V) Armalite M15-T. 
14    (VI) Barrett REC7. 
15    (VII) Beretta AR-70. 
16    (VIII) Black Rain Ordnance Recon Scout. 
17    (IX) Bushmaster ACR. 
18    (X) Bushmaster Carbon 15. 
19    (XI) Bushmaster MOE series. 
20    (XII) Bushmaster XM15. 
21    (XIII) Chiappa Firearms MFour rifles. 
22    (XIV) Colt Match Target rifles. 
23    (XV) CORE Rifle Systems CORE15 rifles. 
24    (XVI) Daniel Defense M4A1 rifles. 
25    (XVII) Devil Dog Arms 15 Series rifles. 
26    (XVIII) Diamondback DB15 rifles. 
 
 
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1    (XIX) DoubleStar AR rifles. 
2    (XX) DPMS Tactical rifles. 
3    (XXI) DSA Inc. ZM-4 Carbine. 
4    (XXII) Heckler & Koch MR556. 
5    (XXIII) High Standard HSA-15 rifles. 
6    (XXIV) Jesse James Nomad AR-15 rifle. 
7    (XXV) Knight's Armament SR-15. 
8    (XXVI) Lancer L15 rifles. 
9    (XXVII) MGI Hydra Series rifles. 
10    (XXVIII) Mossberg MMR Tactical rifles. 
11    (XXIX) Noreen Firearms BN 36 rifle. 
12    (XXX) Olympic Arms. 
13    (XXXI) POF USA P415. 
14    (XXXII) Precision Firearms AR rifles. 
15    (XXXIII) Remington R-15 rifles. 
16    (XXXIV) Rhino Arms AR rifles. 
17    (XXXV) Rock River Arms LAR-15 or Rock River 
18 Arms LAR-47. 
19    (XXXVI) Sig Sauer SIG516 rifles and MCX 
20 rifles. 
21    (XXXVII) Smith & Wesson M&P15 rifles. 
22    (XXXVIII) Stag Arms AR rifles. 
23    (XXXIX) Sturm, Ruger & Co. SR556 and AR-556 
24 rifles. 
25    (XL) Uselton Arms Air-Lite M-4 rifles. 
26    (XLI) Windham Weaponry AR rifles. 
 
 
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1    (XLII) WMD Guns Big Beast. 
2    (XLIII) Yankee Hill Machine Company, Inc. 
3 YHM-15 rifles. 
4   (iii) Barrett M107A1.
5   (iv) Barrett M82A1.
6   (v) Beretta CX4 Storm.
7   (vi) Calico Liberty Series.
8   (vii) CETME Sporter. 
9   (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and 
10 AR 110C. 
11   (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22 
12 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000. 
13   (x) Feather Industries AT-9. 
14   (xi) Galil Model AR and Model ARM. 
15   (xii) Hi-Point Carbine. 
16   (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC. 
17   (xiv) IWI TAVOR, Galil ACE rifle. 
18   (xv) Kel-Tec Sub-2000, SU-16, and RFB. 
19   (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig 
20 Sauer SG 551, and SIG MCX.
21   (xvii) Springfield Armory SAR-48. 
22   (xviii) Steyr AUG. 
23   (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle 
24 M-14/20CF. 
25   (xx) All Thompson rifles, including the following: 
26    (I) Thompson M1SB. 
 
 
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1    (II) Thompson T1100D. 
2    (III) Thompson T150D. 
3    (IV) Thompson T1B. 
4    (V) Thompson T1B100D. 
5    (VI) Thompson T1B50D. 
6    (VII) Thompson T1BSB. 
7    (VIII) Thompson T1-C. 
8    (IX) Thompson T1D. 
9    (X) Thompson T1SB. 
10    (XI) Thompson T5. 
11    (XII) Thompson T5100D. 
12    (XIII) Thompson TM1. 
13    (XIV) Thompson TM1C. 
14   (xxi) UMAREX UZI rifle. 
15   (xxii) UZI Mini Carbine, UZI Model A Carbine, and 
16 UZI Model B Carbine. 
17   (xxiii) Valmet M62S, M71S, and M78. 
18   (xxiv) Vector Arms UZI Type. 
19   (xxv) Weaver Arms Nighthawk. 
20   (xxvi) Wilkinson Arms Linda Carbine. 
21  (K) All of the following pistols, copies, duplicates, 
22 variants, or altered facsimiles with the capability of any 
23 such weapon thereof: 
24   (i) All AK types, including the following: 
25    (I) Centurion 39 AK pistol. 
26    (II) CZ Scorpion pistol. 
 
 
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1    (III) Draco AK-47 pistol. 
2    (IV) HCR AK-47 pistol. 
3    (V) IO Inc. Hellpup AK-47 pistol. 
4    (VI) Krinkov pistol. 
5    (VII) Mini Draco AK-47 pistol. 
6    (VIII) PAP M92 pistol. 
7    (IX) Yugo Krebs Krink pistol. 
8   (ii) All AR types, including the following: 
9    (I) American Spirit AR-15 pistol. 
10    (II) Bushmaster Carbon 15 pistol. 
11    (III) Chiappa Firearms M4 Pistol GEN II. 
12    (IV) CORE Rifle Systems CORE15 Roscoe pistol. 
13    (V) Daniel Defense MK18 pistol. 
14    (VI) DoubleStar Corporation AR pistol. 
15    (VII) DPMS AR-15 pistol. 
16    (VIII) Jesse James Nomad AR-15 pistol. 
17    (IX) Olympic Arms AR-15 pistol. 
18    (X) Osprey Armament MK-18 pistol. 
19    (XI) POF USA AR pistols. 
20    (XII) Rock River Arms LAR 15 pistol. 
21    (XIII) Uselton Arms Air-Lite M-4 pistol. 
22   (iii) Calico pistols. 
23   (iv) DSA SA58 PKP FAL pistol. 
24   (v) Encom MP-9 and MP-45. 
25   (vi) Heckler & Koch model SP-89 pistol. 
26   (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and 
 
 
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1 TEC-DC9. 
2   (viii) IWI Galil Ace pistol, UZI PRO pistol. 
3   (ix) Kel-Tec PLR 16 pistol. 
4   (x) All MAC types, including the following: 
5    (I) MAC-10. 
6    (II) MAC-11. 
7    (III) Masterpiece Arms MPA A930 Mini Pistol, 
8 MPA460 Pistol, MPA Tactical Pistol, and MPA Mini 
9 Tactical Pistol. 
10    (IV) Military Armament Corp. Ingram M-11. 
11    (V) Velocity Arms VMAC. 
12   (xi) Sig Sauer P556 pistol. 
13   (xii) Sites Spectre. 
14   (xiii) All Thompson types, including the 
15 following: 
16    (I) Thompson TA510D. 
17    (II) Thompson TA5. 
18   (xiv) All UZI types, including Micro-UZI. 
19  (L) All of the following shotguns, copies, duplicates, 
20 variants, or altered facsimiles with the capability of any 
21 such weapon thereof: 
22   (i) DERYA Anakon MC-1980, Anakon SD12. 
23   (ii) Doruk Lethal shotguns. 
24   (iii) Franchi LAW-12 and SPAS 12. 
25   (iv) All IZHMASH Saiga 12 types, including the 
26 following: 
 
 
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1    (I) IZHMASH Saiga 12. 
2    (II) IZHMASH Saiga 12S. 
3    (III) IZHMASH Saiga 12S EXP-01. 
4    (IV) IZHMASH Saiga 12K. 
5    (V) IZHMASH Saiga 12K-030. 
6    (VI) IZHMASH Saiga 12K-040 Taktika. 
7   (v) Streetsweeper. 
8   (vi) Striker 12. 
9 (2) "Assault weapon" does not include: 
10  (A) Any firearm that is an unserviceable firearm or 
11 has been made permanently inoperable.
12  (B) An antique firearm or a replica of an antique 
13 firearm.
14  (C) A firearm that is manually operated by bolt, pump, 
15 lever or slide action, unless the firearm is a shotgun 
16 with a revolving cylinder.
17  (D) Any air rifle as defined in Section 24.8-0.1 of 
18 this Code.
19  (E) Any handgun, as defined under the Firearm 
20 Concealed Carry Act, unless otherwise listed in this 
21 Section. 
22 (3) "Assault weapon attachment" means any device capable 
23of being attached to a firearm that is specifically designed 
24for making or converting a firearm into any of the firearms 
25listed in paragraph (1) of this subsection (a).
26 (4) "Antique firearm" has the meaning ascribed to it in 18 
 
 
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1U.S.C. 921(a)(16).
2 (5) ".50 caliber rifle" means a centerfire rifle capable 
3of firing a .50 caliber cartridge. The term does not include 
4any antique firearm, any shotgun including a shotgun that has 
5a rifle barrel, or any muzzle-loader which uses black powder 
6for hunting or historical reenactments.
7 (6) ".50 caliber cartridge" means a cartridge in .50 BMG 
8caliber, either by designation or actual measurement, that is 
9capable of being fired from a centerfire rifle. The term ".50 
10caliber cartridge" does not include any memorabilia or display 
11item that is filled with a permanent inert substance or that is 
12otherwise permanently altered in a manner that prevents ready 
13modification for use as live ammunition or shotgun ammunition 
14with a caliber measurement that is equal to or greater than .50 
15caliber.
16 (7) "Detachable magazine" means an ammunition feeding 
17device that may be removed from a firearm without disassembly 
18of the firearm action, including an ammunition feeding device 
19that may be readily removed from a firearm with the use of a 
20bullet, cartridge, accessory, or other tool, or any other 
21object that functions as a tool, including a bullet or 
22cartridge.
23 (8) "Fixed magazine" means an ammunition feeding device 
24that is permanently attached to a firearm, or contained in and 
25not removable from a firearm, or that is otherwise not a 
26detachable magazine, but does not include an attached tubular 
 
 
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1device designed to accept, and capable of operating only with, 
2.22 caliber rimfire ammunition. 
3 (b) Except as provided in subsections (c), (d), and (e), 
4on or after January 10, 2023 (the effective date of Public Act 
5102-1116) this amendatory Act of the 102nd General Assembly, 
6it is unlawful for any person within this State to knowingly 
7manufacture, deliver, sell, import, or purchase or cause to be 
8manufactured, delivered, sold, imported, or purchased by 
9another, an assault weapon, assault weapon attachment, .50 
10caliber rifle, or .50 caliber cartridge.
11 (c) Except as otherwise provided in subsection (d), 
12beginning January 1, 2024, it is unlawful for any person 
13within this State to knowingly possess an assault weapon, 
14assault weapon attachment, .50 caliber rifle, or .50 caliber 
15cartridge. 
16 (d) This Section does not apply to a person's possession 
17of an assault weapon, assault weapon attachment, .50 caliber 
18rifle, or .50 caliber cartridge device if the person lawfully 
19possessed that assault weapon, assault weapon attachment, .50 
20caliber rifle, or .50 caliber cartridge prohibited by 
21subsection (c) of this Section, if the person has provided in 
22an endorsement affidavit, prior to January 1, 2024, under oath 
23or affirmation and in the form and manner prescribed by the 
24Illinois State Police, no later than October 1, 2023:
25  (1) (blank) the affiant's Firearm Owner's 
26 Identification Card number;
 
 
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1  (2) an affirmation that the affiant: (i) possessed an 
2 assault weapon, assault weapon attachment, .50 caliber 
3 rifle, or .50 caliber cartridge before January 10, 2023 
4 (the effective date of Public Act 102-1116) this 
5 amendatory Act of the 102nd General Assembly; or (ii) 
6 inherited the assault weapon, assault weapon attachment, 
7 .50 caliber rifle, or .50 caliber cartridge from a person 
8 with an endorsement under this Section or from a person 
9 authorized under subdivisions (1) through (5) of 
10 subsection (e) to possess the assault weapon, assault 
11 weapon attachment, .50 caliber rifle, or .50 caliber 
12 cartridge; and
13  (3) the make, model, caliber, and serial number of the 
14 .50 caliber rifle or assault weapon or assault weapons 
15 listed in paragraphs (J), (K), and (L) of subdivision (1) 
16 of subsection (a) of this Section possessed by the affiant 
17 prior to January 10, 2023 (the effective date of Public 
18 Act 102-1116) this amendatory Act of the 102nd General 
19 Assembly and any assault weapons identified and published 
20 by the Illinois State Police pursuant to this subdivision 
21 (3). No later than October 1, 2023, and every October 1 
22 thereafter, the Illinois State Police shall, via 
23 rulemaking, identify, publish, and make available on its 
24 website, the list of assault weapons subject to an 
25 endorsement affidavit under this subsection (d). The list 
26 shall identify, but is not limited to, the copies, 
 
 
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1 duplicates, variants, and altered facsimiles of the 
2 assault weapons identified in paragraphs (J), (K), and (L) 
3 of subdivision (1) of subsection (a) of this Section and 
4 shall be consistent with the definition of "assault 
5 weapon" identified in this Section. The Illinois State 
6 Police may adopt emergency rulemaking in accordance with 
7 Section 5-45 of the Illinois Administrative Procedure Act. 
8 The adoption of emergency rules authorized by Section 5-45 
9 of the Illinois Administrative Procedure Act and this 
10 paragraph is deemed to be necessary for the public 
11 interest, safety, and welfare.
12 The affidavit form shall include the following statement 
13printed in bold type: "Warning: Entering false information on 
14this form is punishable as perjury under Section 32-2 of the 
15Criminal Code of 2012. Entering false information on this form 
16is a violation of the Firearm Owners Identification Card Act."
17 In any administrative, civil, or criminal proceeding in 
18this State, a completed endorsement affidavit submitted to the 
19Illinois State Police by a person under this Section creates a 
20rebuttable presumption that the person is entitled to possess 
21and transport the assault weapon, assault weapon attachment, 
22.50 caliber rifle, or .50 caliber cartridge. 
23 Beginning 90 days after January 10, 2023 (the effective 
24date of Public Act 102-1116) this amendatory Act of the 102nd 
25General Assembly, a person authorized under this Section to 
26possess an assault weapon, assault weapon attachment, .50 
 
 
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1caliber rifle, or .50 caliber cartridge shall possess such 
2items only: 
3  (1) on private property owned or immediately 
4 controlled by the person;
5  (2) on private property that is not open to the public 
6 with the express permission of the person who owns or 
7 immediately controls such property;
8  (3) while on the premises of a licensed firearms 
9 dealer or gunsmith for the purpose of lawful repair;
10  (4) while engaged in the legal use of the assault 
11 weapon, assault weapon attachment, .50 caliber rifle, or 
12 .50 caliber cartridge at a properly licensed firing range 
13 or sport shooting competition venue; or
14  (5) while traveling to or from these locations, 
15 provided that the assault weapon, assault weapon 
16 attachment, or .50 caliber rifle is unloaded and the 
17 assault weapon, assault weapon attachment, .50 caliber 
18 rifle, or .50 caliber cartridge is enclosed in a case, 
19 firearm carrying box, shipping box, or other container. 
20 Beginning on January 1, 2024, the person with the 
21endorsement for an assault weapon, assault weapon attachment, 
22.50 caliber rifle, or .50 caliber cartridge or a person 
23authorized under subdivisions (1) through (5) of subsection 
24(e) to possess an assault weapon, assault weapon attachment, 
25.50 caliber rifle, or .50 caliber cartridge may transfer the 
26assault weapon, assault weapon attachment, .50 caliber rifle, 
 
 
HB5199- 254 -LRB103 38448 RLC 68584 b


1or .50 caliber cartridge only to an heir, an individual 
2residing in another state maintaining it in another state, or 
3a dealer licensed as a federal firearms dealer under Section 
4923 of the federal Gun Control Act of 1968. Within 10 days 
5after transfer of the weapon except to an heir, the person 
6shall notify the Illinois State Police of the name and address 
7of the transferee and comply with the requirements of 
8subsection (b) of Section 3 of the Firearm Owners 
9Identification Card Act. The person to whom the weapon or 
10ammunition is transferred shall, within 60 days of the 
11transfer, complete an affidavit required under this Section. A 
12person to whom the weapon is transferred may transfer it only 
13as provided in this subsection.
14 Except as provided in subsection (e) and beginning on 
15January 1, 2024, any person who moves into this State in 
16possession of an assault weapon, assault weapon attachment, 
17.50 caliber rifle, or .50 caliber cartridge shall, within 60 
18days, apply for a Firearm Owners Identification Card and 
19complete an endorsement application as outlined in subsection 
20(d).
21 Notwithstanding any other law, information contained in 
22the endorsement affidavit shall be confidential, is exempt 
23from disclosure under the Freedom of Information Act, and 
24shall not be disclosed, except to law enforcement agencies 
25acting in the performance of their duties. 
26 (e) The provisions of this Section regarding the purchase 
 
 
HB5199- 255 -LRB103 38448 RLC 68584 b


1or possession of assault weapons, assault weapon attachments, 
2.50 caliber rifles, and .50 cartridges, as well as the 
3provisions of this Section that prohibit causing those items 
4to be purchased or possessed, do not apply to:
5  (1) Peace officers, as defined in Section 2-13 of this 
6 Code.
7  (2) Qualified law enforcement officers and qualified 
8 retired law enforcement officers as defined in the Law 
9 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B 
10 and 926C) and as recognized under Illinois law. 
11  (3) Acquisition and possession by a federal, State, or 
12 local law enforcement agency for the purpose of equipping 
13 the agency's peace officers as defined in paragraph (1) or 
14 (2) of this subsection (e). 
15  (4) 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  (5) Members of the Armed Services or Reserve Forces of 
19 the United States or the Illinois National Guard, while 
20 performing their official duties or while traveling to or 
21 from their places of duty.
22  (6) Any company that employs armed security officers 
23 in this State at a nuclear energy, storage, weapons, or 
24 development site or facility regulated by the federal 
25 Nuclear Regulatory Commission and any person employed as 
26 an armed security force member at a nuclear energy, 
 
 
HB5199- 256 -LRB103 38448 RLC 68584 b


1 storage, weapons, or development site or facility 
2 regulated by the federal Nuclear Regulatory Commission who 
3 has completed the background screening and training 
4 mandated by the rules and regulations of the federal 
5 Nuclear Regulatory Commission and while performing 
6 official duties. 
7  (7) Any private security contractor agency licensed 
8 under the Private Detective, Private Alarm, Private 
9 Security, Fingerprint Vendor, and Locksmith Act of 2004 
10 that employs private security contractors and any private 
11 security contractor who is licensed and has been issued a 
12 firearm control card under the Private Detective, Private 
13 Alarm, Private Security, Fingerprint Vendor, and Locksmith 
14 Act of 2004 while performing official duties. 
15 The provisions of this Section do not apply to the 
16manufacture, delivery, sale, import, purchase, or possession 
17of an assault weapon, assault weapon attachment, .50 caliber 
18rifle, or .50 caliber cartridge or causing the manufacture, 
19delivery, sale, importation, purchase, or possession of those 
20items:
21  (A) for sale or transfer to persons authorized under 
22 subdivisions (1) through (7) of this subsection (e) to 
23 possess those items;
24  (B) for sale or transfer to the United States or any 
25 department or agency thereof; or
26  (C) for sale or transfer in another state or for 
 
 
HB5199- 257 -LRB103 38448 RLC 68584 b


1 export.
2 This Section does not apply to or affect any of the 
3following: 
4  (i) Possession of any firearm if that firearm is 
5 sanctioned by the International Olympic Committee and by 
6 USA Shooting, the national governing body for 
7 international shooting competition in the United States, 
8 but only when the firearm is in the actual possession of an 
9 Olympic target shooting competitor or target shooting 
10 coach for the purpose of storage, transporting to and from 
11 Olympic target shooting practice or events if the firearm 
12 is broken down in a nonfunctioning state, is not 
13 immediately accessible, or is unloaded and enclosed in a 
14 firearm case, carrying box, shipping box, or other similar 
15 portable container designed for the safe transportation of 
16 firearms, and when the Olympic target shooting competitor 
17 or target shooting coach is engaging in those practices or 
18 events. For the purposes of this paragraph (8), "firearm" 
19 has the meaning provided in Section 2-7.5 1.1 of the 
20 Firearm Owners Identification Card Act.
21  (ii) Any nonresident who transports, within 24 hours, 
22 a weapon for any lawful purpose from any place where the 
23 nonresident may lawfully possess and carry that weapon to 
24 any other place where the nonresident may lawfully possess 
25 and carry that weapon if, during the transportation, the 
26 weapon is unloaded, and neither the weapon nor any 
 
 
HB5199- 258 -LRB103 38448 RLC 68584 b


1 ammunition being transported is readily accessible or is 
2 directly accessible from the passenger compartment of the 
3 transporting vehicle. In the case of a vehicle without a 
4 compartment separate from the driver's compartment, the 
5 weapon or ammunition shall be contained in a locked 
6 container other than the glove compartment or console. 
7  (iii) Possession of a weapon at an event taking place 
8 at the World Shooting and Recreational Complex at Sparta, 
9 only while engaged in the legal use of the weapon, or while 
10 traveling to or from that location if the weapon is broken 
11 down in a nonfunctioning state, is not immediately 
12 accessible, or is unloaded and enclosed in a firearm case, 
13 carrying box, shipping box, or other similar portable 
14 container designed for the safe transportation of 
15 firearms. 
16  (iv) Possession of a weapon only for hunting use 
17 expressly permitted under the Wildlife Code, or while 
18 traveling to or from a location authorized for this 
19 hunting use under the Wildlife Code if the weapon is 
20 broken down in a nonfunctioning state, is not immediately 
21 accessible, or is unloaded and enclosed in a firearm case, 
22 carrying box, shipping box, or other similar portable 
23 container designed for the safe transportation of 
24 firearms. By October 1, 2023, the Illinois State Police, 
25 in consultation with the Department of Natural Resources, 
26 shall adopt rules concerning the list of applicable 
 
 
HB5199- 259 -LRB103 38448 RLC 68584 b


1 weapons approved under this subparagraph (iv). The 
2 Illinois State Police may adopt emergency rules in 
3 accordance with Section 5-45 of the Illinois 
4 Administrative Procedure Act. The adoption of emergency 
5 rules authorized by Section 5-45 of the Illinois 
6 Administrative Procedure Act and this paragraph is deemed 
7 to be necessary for the public interest, safety, and 
8 welfare. 
9  (v) The manufacture, transportation, possession, sale, 
10 or rental of blank-firing assault weapons and .50 caliber 
11 rifles, or the weapon's respective attachments, to persons 
12 authorized or permitted, or both authorized and permitted, 
13 to acquire and possess these weapons or attachments for 
14 the purpose of rental for use solely as props for a motion 
15 picture, television, or video production or entertainment 
16 event. 
17 Any person not subject to this Section may submit an 
18endorsement affidavit if the person chooses. 
19 (f) Any sale or transfer with a background check initiated 
20to the Illinois State Police on or before January 10, 2023 (the 
21effective date of Public Act 102-1116) this amendatory Act of 
22the 102nd General Assembly is allowed to be completed after 
23January 10, 2023 the effective date of this amendatory Act 
24once an approval is issued by the Illinois State Police and any 
25applicable waiting period under Section 24-3 has expired.
26 (g) The Illinois State Police shall take all steps 
 
 
HB5199- 260 -LRB103 38448 RLC 68584 b


1necessary to carry out the requirements of this Section within 
2by October 1, 2023. 
3 (h) The Illinois Department of the State Police shall also 
4develop and implement a public notice and public outreach 
5campaign to promote awareness about the provisions of Public 
6Act 102-1116 this amendatory Act of the 102nd General Assembly 
7and to increase compliance with this Section. 
8(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)

9 (720 ILCS 5/24-1.10)
10 Sec. 24-1.10. Manufacture, delivery, sale, and possession 
11of large capacity ammunition feeding devices.
12 (a) In this Section:
13 "Handgun" has the meaning ascribed to it in the Firearm 
14Concealed Carry Act.
15 "Long gun" means a rifle or shotgun. 
16 "Large capacity ammunition feeding device" means:
17  (1) a magazine, belt, drum, feed strip, or similar 
18 device that has a capacity of, or that can be readily 
19 restored or converted to accept, more than 10 rounds of 
20 ammunition for long guns and more than 15 rounds of 
21 ammunition for handguns; or
22  (2) any combination of parts from which a device 
23 described in paragraph (1) can be assembled.
24 "Large capacity ammunition feeding device" does not 
25include an attached tubular device designed to accept, and 
 
 
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1capable of operating only with, .22 caliber rimfire 
2ammunition. "Large capacity ammunition feeding device" does 
3not include a tubular magazine that is contained in a 
4lever-action firearm or any device that has been made 
5permanently inoperable.
6 (b) Except as provided in subsections (e) and (f), it is 
7unlawful for any person within this State to knowingly 
8manufacture, deliver, sell, purchase, or cause to be 
9manufactured, delivered, sold, or purchased a large capacity 
10ammunition feeding device.
11 (c) Except as provided in subsections (d), (e), and (f), 
12and beginning 90 days after January 10, 2023 (the effective 
13date of Public Act 102-1116) this amendatory Act of the 102nd 
14General Assembly, it is unlawful to knowingly possess a large 
15capacity ammunition feeding device. 
16 (d) Subsection (c) does not apply to a person's possession 
17of a large capacity ammunition feeding device if the person 
18lawfully possessed that large capacity ammunition feeding 
19device before January 10, 2023 (the effective date of Public 
20Act 102-1116) this amendatory Act of the 102nd General 
21Assembly, provided that the person shall possess such device 
22only: 
23  (1) on private property owned or immediately 
24 controlled by the person;
25  (2) on private property that is not open to the public 
26 with the express permission of the person who owns or 
 
 
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1 immediately controls such property;
2  (3) while on the premises of a licensed firearms 
3 dealer or gunsmith for the purpose of lawful repair;
4  (4) while engaged in the legal use of the large 
5 capacity ammunition feeding device at a properly licensed 
6 firing range or sport shooting competition venue; or
7  (5) while traveling to or from these locations, 
8 provided that the large capacity ammunition feeding device 
9 is stored unloaded and enclosed in a case, firearm 
10 carrying box, shipping box, or other container. 
11 A person authorized under this Section to possess a large 
12capacity ammunition feeding device may transfer the large 
13capacity ammunition feeding device only to an heir, an 
14individual residing in another state maintaining it in another 
15state, or a dealer licensed as a federal firearms dealer under 
16Section 923 of the federal Gun Control Act of 1968. Within 10 
17days after transfer of the large capacity ammunition feeding 
18device except to an heir, the person shall notify the Illinois 
19State Police of the name and address of the transferee and 
20comply with the requirements of subsection (b) of Section 3 of 
21the Firearm Owners Identification Card Act. The person to whom 
22the large capacity ammunition feeding device is transferred 
23shall, within 60 days of the transfer, notify the Illinois 
24State Police of the person's acquisition and comply with the 
25requirements of subsection (b) of Section 3 of the Firearm 
26Owners Identification Card Act. A person to whom the large 
 
 
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1capacity ammunition feeding device is transferred may transfer 
2it only as provided in this subsection.
3 Except as provided in subsections (e) and (f) and 
4beginning 90 days after the effective date of this amendatory 
5Act of the 102nd General Assembly, any person who moves into 
6this State in possession of a large capacity ammunition 
7feeding device shall, within 60 days, apply for a Firearm 
8Owners Identification Card.
9 (e) The provisions of this Section regarding the purchase 
10or possession of large capacity ammunition feeding devices, as 
11well as the provisions of this Section that prohibit causing 
12those items to be purchased or possessed, do not apply to:
13  (1) Peace officers as defined in Section 2-13 of this 
14 Code.
15  (2) Qualified law enforcement officers and qualified 
16 retired law enforcement officers as defined in the Law 
17 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B 
18 and 926C) and as recognized under Illinois law. 
19  (3) A federal, State, or local law enforcement agency 
20 for the purpose of equipping the agency's peace officers 
21 as defined in paragraph (1) or (2) of this subsection (e). 
22  (4) Wardens, superintendents, and keepers of prisons, 
23 penitentiaries, jails, and other institutions for the 
24 detention of persons accused or convicted of an offense.
25  (5) Members of the Armed Services or Reserve Forces of 
26 the United States or the Illinois National Guard, while 
 
 
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1 performing their official duties or while traveling to or 
2 from their places of duty.
3  (6) Any company that employs armed security officers 
4 in this State at a nuclear energy, storage, weapons, or 
5 development site or facility regulated by the federal 
6 Nuclear Regulatory Commission and any person employed as 
7 an armed security force member at a nuclear energy, 
8 storage, weapons, or development site or facility 
9 regulated by the federal Nuclear Regulatory Commission who 
10 has completed the background screening and training 
11 mandated by the rules and regulations of the federal 
12 Nuclear Regulatory Commission and while performing 
13 official duties. 
14  (7) Any private security contractor agency licensed 
15 under the Private Detective, Private Alarm, Private 
16 Security, Fingerprint Vendor, and Locksmith Act of 2004 
17 that employs private security contractors and any private 
18 security contractor who is licensed and has been issued a 
19 firearm control card under the Private Detective, Private 
20 Alarm, Private Security, Fingerprint Vendor, and Locksmith 
21 Act of 2004 while performing official duties. 
22 (f) This Section does not apply to or affect any of the 
23following: 
24  (1) Manufacture, delivery, sale, importation, 
25 purchase, or possession or causing to be manufactured, 
26 delivered, sold, imported, purchased, or possessed a large 
 
 
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1 capacity ammunition feeding device:
2   (A) for sale or transfer to persons authorized 
3 under subdivisions (1) through (7) of subsection (e) 
4 to possess those items;
5   (B) for sale or transfer to the United States or 
6 any department or agency thereof; or
7   (C) for sale or transfer in another state or for 
8 export.
9  (2) Sale or rental of large capacity ammunition 
10 feeding devices for blank-firing assault weapons and .50 
11 caliber rifles, to persons authorized or permitted, or 
12 both authorized and permitted, to acquire these devices 
13 for the purpose of rental for use solely as props for a 
14 motion picture, television, or video production or 
15 entertainment event. 
16 (g) Sentence. A person who knowingly manufactures, 
17delivers, sells, purchases, possesses, or causes to be 
18manufactured, delivered, sold, possessed, or purchased in 
19violation of this Section a large capacity ammunition feeding 
20device capable of holding more than 10 rounds of ammunition 
21for long guns or more than 15 rounds of ammunition for handguns 
22commits a petty offense with a fine of $1,000 for each 
23violation.
24 (h) The Illinois Department of the State Police shall also 
25develop and implement a public notice and public outreach 
26campaign to promote awareness about the provisions of Public 
 
 
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1Act 102-1116 this amendatory Act of the 102nd General Assembly 
2and to increase compliance with this Section. 
3(Source: P.A. 102-1116, eff. 1-10-23; revised 4-6-23.)

4 (720 ILCS 5/24-2)
5 Sec. 24-2. Exemptions. 
6 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 
724-1(a)(13) and Section 24-1.6 do not apply to or affect any of 
8the following:
9  (1) Peace officers, and any person summoned by a peace 
10 officer to assist in making arrests or preserving the 
11 peace, while actually engaged in assisting such officer.
12  (2) Wardens, superintendents and keepers of prisons, 
13 penitentiaries, jails and other institutions for the 
14 detention of persons accused or convicted of an offense, 
15 while in the performance of their official duty, or while 
16 commuting between their homes and places of employment.
17  (3) Members of the Armed Services or Reserve Forces of 
18 the United States or the Illinois National Guard or the 
19 Reserve Officers Training Corps, while in the performance 
20 of their official duty.
21  (4) Special agents employed by a railroad or a public 
22 utility to perform police functions, and guards of armored 
23 car companies, while actually engaged in the performance 
24 of the duties of their employment or commuting between 
25 their homes and places of employment; and watchmen while 
 
 
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1 actually engaged in the performance of the duties of their 
2 employment.
3  (5) Persons licensed as private security contractors, 
4 private detectives, or private alarm contractors, or 
5 employed by a private security contractor, private 
6 detective, or private alarm contractor agency licensed by 
7 the Department of Financial and Professional Regulation, 
8 if their duties include the carrying of a weapon under the 
9 provisions of the Private Detective, Private Alarm, 
10 Private Security, Fingerprint Vendor, and Locksmith Act of 
11 2004, while actually engaged in the performance of the 
12 duties of their employment or commuting between their 
13 homes and places of employment. A person shall be 
14 considered eligible for this exemption if he or she has 
15 completed the required 20 hours of training for a private 
16 security contractor, private detective, or private alarm 
17 contractor, or employee of a licensed private security 
18 contractor, private detective, or private alarm contractor 
19 agency and 28 hours of required firearm training, and has 
20 been issued a firearm control card by the Department of 
21 Financial and Professional Regulation. Conditions for the 
22 renewal of firearm control cards issued under the 
23 provisions of this Section shall be the same as for those 
24 cards issued under the provisions of the Private 
25 Detective, Private Alarm, Private Security, Fingerprint 
26 Vendor, and Locksmith Act of 2004. The firearm control 
 
 
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1 card shall be carried by the private security contractor, 
2 private detective, or private alarm contractor, or 
3 employee of the licensed private security contractor, 
4 private detective, or private alarm contractor agency at 
5 all times when he or she is in possession of a concealable 
6 weapon permitted by his or her firearm control card.
7  (6) Any person regularly employed in a commercial or 
8 industrial operation as a security guard for the 
9 protection of persons employed and private property 
10 related to such commercial or industrial operation, while 
11 actually engaged in the performance of his or her duty or 
12 traveling between sites or properties belonging to the 
13 employer, and who, as a security guard, is a member of a 
14 security force registered with the Department of Financial 
15 and Professional Regulation; provided that such security 
16 guard has successfully completed a course of study, 
17 approved by and supervised by the Department of Financial 
18 and Professional Regulation, consisting of not less than 
19 48 hours of training that includes the theory of law 
20 enforcement, liability for acts, and the handling of 
21 weapons. A person shall be considered eligible for this 
22 exemption if he or she has completed the required 20 hours 
23 of training for a security officer and 28 hours of 
24 required firearm training, and has been issued a firearm 
25 control card by the Department of Financial and 
26 Professional Regulation. Conditions for the renewal of 
 
 
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1 firearm control cards issued under the provisions of this 
2 Section shall be the same as for those cards issued under 
3 the provisions of the Private Detective, Private Alarm, 
4 Private Security, Fingerprint Vendor, and Locksmith Act of 
5 2004. The firearm control card shall be carried by the 
6 security guard at all times when he or she is in possession 
7 of a concealable weapon permitted by his or her firearm 
8 control card.
9  (7) Agents and investigators of the Illinois 
10 Legislative Investigating Commission authorized by the 
11 Commission to carry the weapons specified in subsections 
12 24-1(a)(3) and 24-1(a)(4), while on duty in the course of 
13 any investigation for the Commission.
14  (8) Persons employed by a financial institution as a 
15 security guard for the protection of other employees and 
16 property related to such financial institution, while 
17 actually engaged in the performance of their duties, 
18 commuting between their homes and places of employment, or 
19 traveling between sites or properties owned or operated by 
20 such financial institution, and who, as a security guard, 
21 is a member of a security force registered with the 
22 Department; provided that any person so employed has 
23 successfully completed a course of study, approved by and 
24 supervised by the Department of Financial and Professional 
25 Regulation, consisting of not less than 48 hours of 
26 training which includes theory of law enforcement, 
 
 
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1 liability for acts, and the handling of weapons. A person 
2 shall be considered to be eligible for this exemption if 
3 he or she has completed the required 20 hours of training 
4 for a security officer and 28 hours of required firearm 
5 training, and has been issued a firearm control card by 
6 the Department of Financial and Professional Regulation. 
7 Conditions for renewal of firearm control cards issued 
8 under the provisions of this Section shall be the same as 
9 for those issued under the provisions of the Private 
10 Detective, Private Alarm, Private Security, Fingerprint 
11 Vendor, and Locksmith Act of 2004. The firearm control 
12 card shall be carried by the security guard at all times 
13 when he or she is in possession of a concealable weapon 
14 permitted by his or her firearm control card. For purposes 
15 of this subsection, "financial institution" means a bank, 
16 savings and loan association, credit union or company 
17 providing armored car services.
18  (9) Any person employed by an armored car company to 
19 drive an armored car, while actually engaged in the 
20 performance of his duties.
21  (10) Persons who have been classified as peace 
22 officers pursuant to the Peace Officer Fire Investigation 
23 Act.
24  (11) Investigators of the Office of the State's 
25 Attorneys Appellate Prosecutor authorized by the board of 
26 governors of the Office of the State's Attorneys Appellate 
 
 
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1 Prosecutor to carry weapons pursuant to Section 7.06 of 
2 the State's Attorneys Appellate Prosecutor's Act.
3  (12) Special investigators appointed by a State's 
4 Attorney under Section 3-9005 of the Counties Code.
5  (12.5) Probation officers while in the performance of 
6 their duties, or while commuting between their homes, 
7 places of employment or specific locations that are part 
8 of their assigned duties, with the consent of the chief 
9 judge of the circuit for which they are employed, if they 
10 have received weapons training according to requirements 
11 of the Peace Officer and Probation Officer Firearm 
12 Training Act.
13  (13) Court Security Officers while in the performance 
14 of their official duties, or while commuting between their 
15 homes and places of employment, with the consent of the 
16 Sheriff.
17  (13.5) A person employed as an armed security guard at 
18 a nuclear energy, storage, weapons or development site or 
19 facility regulated by the Nuclear Regulatory Commission 
20 who has completed the background screening and training 
21 mandated by the rules and regulations of the Nuclear 
22 Regulatory Commission.
23  (14) Manufacture, transportation, or sale of weapons 
24 to persons authorized under subdivisions (1) through 
25 (13.5) of this subsection to possess those weapons.
26 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
 
 
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1to or affect any person carrying a concealed pistol, revolver, 
2or handgun and the person has been issued a currently valid 
3license under the Firearm Concealed Carry Act at the time of 
4the commission of the offense.
5 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply 
6to or affect a qualified current or retired law enforcement 
7officer or a current or retired deputy, county correctional 
8officer, or correctional officer of the Department of 
9Corrections qualified under the laws of this State or under 
10the federal Law Enforcement Officers Safety Act. 
11 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
1224-1.6 do not apply to or affect any of the following:
13  (1) Members of any club or organization organized for 
14 the purpose of practicing shooting at targets upon 
15 established target ranges, whether public or private, and 
16 patrons of such ranges, while such members or patrons are 
17 using their firearms on those target ranges.
18  (2) Duly authorized military or civil organizations 
19 while parading, with the special permission of the 
20 Governor.
21  (3) Hunters, trappers, or fishermen while engaged in 
22 lawful hunting, trapping, or fishing under the provisions 
23 of the Wildlife Code or the Fish and Aquatic Life Code.
24  (4) Transportation of weapons that are broken down in 
25 a non-functioning state or are not immediately accessible.
26  (5) Carrying or possessing any pistol, revolver, stun 
 
 
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1 gun or taser or other firearm on the land or in the legal 
2 dwelling of another person as an invitee with that 
3 person's permission. 
4 (c) Subsection 24-1(a)(7) does not apply to or affect any 
5of the following:
6  (1) Peace officers while in performance of their 
7 official duties.
8  (2) Wardens, superintendents and keepers of prisons, 
9 penitentiaries, jails and other institutions for the 
10 detention of persons accused or convicted of an offense.
11  (3) Members of the Armed Services or Reserve Forces of 
12 the United States or the Illinois National Guard, while in 
13 the performance of their official duty.
14  (4) Manufacture, transportation, or sale of machine 
15 guns to persons authorized under subdivisions (1) through 
16 (3) of this subsection to possess machine guns, if the 
17 machine guns are broken down in a non-functioning state or 
18 are not immediately accessible.
19  (5) Persons licensed under federal law to manufacture 
20 any weapon from which 8 or more shots or bullets can be 
21 discharged by a single function of the firing device, or 
22 ammunition for such weapons, and actually engaged in the 
23 business of manufacturing such weapons or ammunition, but 
24 only with respect to activities which are within the 
25 lawful scope of such business, such as the manufacture, 
26 transportation, or testing of such weapons or ammunition. 
 
 
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1 This exemption does not authorize the general private 
2 possession of any weapon from which 8 or more shots or 
3 bullets can be discharged by a single function of the 
4 firing device, but only such possession and activities as 
5 are within the lawful scope of a licensed manufacturing 
6 business described in this paragraph.
7  During transportation, such weapons shall be broken 
8 down in a non-functioning state or not immediately 
9 accessible.
10  (6) The manufacture, transport, testing, delivery, 
11 transfer or sale, and all lawful commercial or 
12 experimental activities necessary thereto, of rifles, 
13 shotguns, and weapons made from rifles or shotguns, or 
14 ammunition for such rifles, shotguns or weapons, where 
15 engaged in by a person operating as a contractor or 
16 subcontractor pursuant to a contract or subcontract for 
17 the development and supply of such rifles, shotguns, 
18 weapons or ammunition to the United States government or 
19 any branch of the Armed Forces of the United States, when 
20 such activities are necessary and incident to fulfilling 
21 the terms of such contract.
22  The exemption granted under this subdivision (c)(6) 
23 shall also apply to any authorized agent of any such 
24 contractor or subcontractor who is operating within the 
25 scope of his employment, where such activities involving 
26 such weapon, weapons or ammunition are necessary and 
 
 
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1 incident to fulfilling the terms of such contract.
2  (7) A person possessing a rifle with a barrel or 
3 barrels less than 16 inches in length if: (A) the person 
4 has been issued a Curios and Relics license from the U.S. 
5 Bureau of Alcohol, Tobacco, Firearms and Explosives; or 
6 (B) the person is an active member of a bona fide, 
7 nationally recognized military re-enacting group and the 
8 modification is required and necessary to accurately 
9 portray the weapon for historical re-enactment purposes; 
10 the re-enactor is in possession of a valid and current 
11 re-enacting group membership credential; and the overall 
12 length of the weapon as modified is not less than 26 
13 inches.
14 (d) Subsection 24-1(a)(1) does not apply to the purchase, 
15possession or carrying of a black-jack or slung-shot by a 
16peace officer.
17 (e) Subsection 24-1(a)(8) does not apply to any owner, 
18manager or authorized employee of any place specified in that 
19subsection nor to any law enforcement officer.
20 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and 
21Section 24-1.6 do not apply to members of any club or 
22organization organized for the purpose of practicing shooting 
23at targets upon established target ranges, whether public or 
24private, while using their firearms on those target ranges.
25 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply 
26to:
 
 
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1  (1) Members of the Armed Services or Reserve Forces of 
2 the United States or the Illinois National Guard, while in 
3 the performance of their official duty.
4  (2) Bonafide collectors of antique or surplus military 
5 ordnance.
6  (3) Laboratories having a department of forensic 
7 ballistics, or specializing in the development of 
8 ammunition or explosive ordnance.
9  (4) Commerce, preparation, assembly or possession of 
10 explosive bullets by manufacturers of ammunition licensed 
11 by the federal government, in connection with the supply 
12 of those organizations and persons exempted by subdivision 
13 (g)(1) of this Section, or like organizations and persons 
14 outside this State, or the transportation of explosive 
15 bullets to any organization or person exempted in this 
16 Section by a common carrier or by a vehicle owned or leased 
17 by an exempted manufacturer.
18 (g-5) Subsection 24-1(a)(6) does not apply to or affect 
19persons licensed under federal law to manufacture any device 
20or attachment of any kind designed, used, or intended for use 
21in silencing the report of any firearm, firearms, or 
22ammunition for those firearms equipped with those devices, and 
23actually engaged in the business of manufacturing those 
24devices, firearms, or ammunition, but only with respect to 
25activities that are within the lawful scope of that business, 
26such as the manufacture, transportation, or testing of those 
 
 
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1devices, firearms, or ammunition. This exemption does not 
2authorize the general private possession of any device or 
3attachment of any kind designed, used, or intended for use in 
4silencing the report of any firearm, but only such possession 
5and activities as are within the lawful scope of a licensed 
6manufacturing business described in this subsection (g-5). 
7During transportation, these devices shall be detached from 
8any weapon or not immediately accessible.
9 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 
1024-1.6 do not apply to or affect any parole agent or parole 
11supervisor who meets the qualifications and conditions 
12prescribed in Section 3-14-1.5 of the Unified Code of 
13Corrections. 
14 (g-7) Subsection 24-1(a)(6) does not apply to a peace 
15officer while serving as a member of a tactical response team 
16or special operations team. A peace officer may not personally 
17own or apply for ownership of a device or attachment of any 
18kind designed, used, or intended for use in silencing the 
19report of any firearm. These devices shall be owned and 
20maintained by lawfully recognized units of government whose 
21duties include the investigation of criminal acts.
22 (g-10) (Blank). 
23 (h) An information or indictment based upon a violation of 
24any subsection of this Article need not negative any 
25exemptions contained in this Article. The defendant shall have 
26the burden of proving such an exemption.
 
 
HB5199- 278 -LRB103 38448 RLC 68584 b


1 (i) Nothing in this Article shall prohibit, apply to, or 
2affect the transportation, carrying, or possession, of any 
3pistol or revolver, stun gun, taser, or other firearm 
4consigned to a common carrier operating under license of the 
5State of Illinois or the federal government, where such 
6transportation, carrying, or possession is incident to the 
7lawful transportation in which such common carrier is engaged; 
8and nothing in this Article shall prohibit, apply to, or 
9affect the transportation, carrying, or possession of any 
10pistol, revolver, stun gun, taser, or other firearm, not the 
11subject of and regulated by subsection 24-1(a)(7) or 
12subsection 24-2(c) of this Article, which is unloaded and 
13enclosed in a case, firearm carrying box, shipping box, or 
14other container, by a person eligible under State and federal 
15law to possess a firearm the possessor of a valid Firearm 
16Owners Identification Card.
17(Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23; 
18102-837, eff. 5-13-22; 103-154, eff. 6-30-23.)

19 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
20 Sec. 24-3. Unlawful sale or delivery of firearms. 
21 (A) A person commits the offense of unlawful sale or 
22delivery of firearms when he or she knowingly does any of the 
23following:
24  (a) Sells or gives any firearm of a size which may be 
25 concealed upon the person to any person under 18 years of 
 
 
HB5199- 279 -LRB103 38448 RLC 68584 b


1 age.
2  (b) Sells or gives any firearm to a person under 21 
3 years of age who has been convicted of a misdemeanor other 
4 than a traffic offense or adjudged delinquent.
5  (c) Sells or gives any firearm to any narcotic addict.
6  (d) Sells or gives any firearm to any person who has 
7 been convicted of a felony under the laws of this or any 
8 other jurisdiction.
9  (e) Sells or gives any firearm to any person who has 
10 been a patient in a mental institution within the past 5 
11 years. In this subsection (e):
12   "Mental institution" means any hospital, 
13 institution, clinic, evaluation facility, mental 
14 health center, or part thereof, which is used 
15 primarily for the care or treatment of persons with 
16 mental illness. 
17   "Patient in a mental institution" means the person 
18 was admitted, either voluntarily or involuntarily, to 
19 a mental institution for mental health treatment, 
20 unless the treatment was voluntary and solely for an 
21 alcohol abuse disorder and no other secondary 
22 substance abuse disorder or mental illness.
23  (f) Sells or gives any firearms to any person who is a 
24 person with an intellectual disability.
25  (g) Delivers any firearm, incidental to a sale, 
26 without withholding delivery of the firearm for at least 
 
 
HB5199- 280 -LRB103 38448 RLC 68584 b


1 72 hours after application for its purchase has been made, 
2 or delivers a stun gun or taser, incidental to a sale, 
3 without withholding delivery of the stun gun or taser for 
4 at least 24 hours after application for its purchase has 
5 been made. However, this paragraph (g) does not apply to: 
6 (1) the sale of a firearm to a law enforcement officer if 
7 the seller of the firearm knows that the person to whom he 
8 or she is selling the firearm is a law enforcement officer 
9 or the sale of a firearm to a person who desires to 
10 purchase a firearm for use in promoting the public 
11 interest incident to his or her employment as a bank 
12 guard, armed truck guard, or other similar employment; (2) 
13 a mail order sale of a firearm from a federally licensed 
14 firearms dealer to a nonresident of Illinois under which 
15 the firearm is mailed to a federally licensed firearms 
16 dealer outside the boundaries of Illinois; (3) (blank); 
17 (4) the sale of a firearm to a dealer licensed as a federal 
18 firearms dealer under Section 923 of the federal Gun 
19 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or 
20 sale of any rifle, shotgun, or other long gun to a resident 
21 registered competitor or attendee or non-resident 
22 registered competitor or attendee by any dealer licensed 
23 as a federal firearms dealer under Section 923 of the 
24 federal Gun Control Act of 1968 at competitive shooting 
25 events held at the World Shooting Complex sanctioned by a 
26 national governing body. For purposes of transfers or 
 
 
HB5199- 281 -LRB103 38448 RLC 68584 b


1 sales under subparagraph (5) of this paragraph (g), the 
2 Department of Natural Resources shall give notice to the 
3 Illinois State Police at least 30 calendar days prior to 
4 any competitive shooting events at the World Shooting 
5 Complex sanctioned by a national governing body. The 
6 notification shall be made on a form prescribed by the 
7 Illinois State Police. The sanctioning body shall provide 
8 a list of all registered competitors and attendees at 
9 least 24 hours before the events to the Illinois State 
10 Police. Any changes to the list of registered competitors 
11 and attendees shall be forwarded to the Illinois State 
12 Police as soon as practicable. The Illinois State Police 
13 must destroy the list of registered competitors and 
14 attendees no later than 30 days after the date of the 
15 event. Nothing in this paragraph (g) relieves a federally 
16 licensed firearm dealer from the requirements of 
17 conducting a NICS background check through the Illinois 
18 Point of Contact under 18 U.S.C. 922(t). For purposes of 
19 this paragraph (g), "application" means when the buyer and 
20 seller reach an agreement to purchase a firearm. For 
21 purposes of this paragraph (g), "national governing body" 
22 means a group of persons who adopt rules and formulate 
23 policy on behalf of a national firearm sporting 
24 organization. 
25  (h) While holding any license as a dealer, importer, 
26 manufacturer or pawnbroker under the federal Gun Control 
 
 
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1 Act of 1968, manufactures, sells or delivers to any 
2 unlicensed person a handgun having a barrel, slide, frame 
3 or receiver which is a die casting of zinc alloy or any 
4 other nonhomogeneous metal which will melt or deform at a 
5 temperature of less than 800 degrees Fahrenheit. For 
6 purposes of this paragraph, (1) "firearm" has the meaning 
7 provided in Section 2-7.5 of the Criminal Code of 2012 is 
8 defined as in the Firearm Owners Identification Card Act; 
9 and (2) "handgun" is defined as a firearm designed to be 
10 held and fired by the use of a single hand, and includes a 
11 combination of parts from which such a firearm can be 
12 assembled.
13  (i) Sells or gives a firearm of any size to any person 
14 under 18 years of age who is not eligible under State or 
15 federal law to possess a firearm does not possess a valid 
16 Firearm Owner's Identification Card.
17  (j) Sells or gives a firearm while engaged in the 
18 business of selling firearms at wholesale or retail 
19 without being licensed as a federal firearms dealer under 
20 Section 923 of the federal Gun Control Act of 1968 (18 
21 U.S.C. 923). In this paragraph (j):
22  A person "engaged in the business" means a person who 
23 devotes time, attention, and labor to engaging in the 
24 activity as a regular course of trade or business with the 
25 principal objective of livelihood and profit, but does not 
26 include a person who makes occasional repairs of firearms 
 
 
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1 or who occasionally fits special barrels, stocks, or 
2 trigger mechanisms to firearms.
3  "With the principal objective of livelihood and 
4 profit" means that the intent underlying the sale or 
5 disposition of firearms is predominantly one of obtaining 
6 livelihood and pecuniary gain, as opposed to other 
7 intents, such as improving or liquidating a personal 
8 firearms collection; however, proof of profit shall not be 
9 required as to a person who engages in the regular and 
10 repetitive purchase and disposition of firearms for 
11 criminal purposes or terrorism.
12  (k) (Blank). Sells or transfers ownership of a firearm 
13 to a person who does not display to the seller or 
14 transferor of the firearm either: (1) a currently valid 
15 Firearm Owner's Identification Card that has previously 
16 been issued in the transferee's name by the Illinois State 
17 Police under the provisions of the Firearm Owners 
18 Identification Card Act; or (2) a currently valid license 
19 to carry a concealed firearm that has previously been 
20 issued in the transferee's name by the Illinois State 
21 Police under the Firearm Concealed Carry Act. This 
22 paragraph (k) does not apply to the transfer of a firearm 
23 to a person who is exempt from the requirement of 
24 possessing a Firearm Owner's Identification Card under 
25 Section 2 of the Firearm Owners Identification Card Act. 
26 For the purposes of this Section, a currently valid 
 
 
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1 Firearm Owner's Identification Card or license to carry a 
2 concealed firearm means receipt of an approval number 
3 issued in accordance with subsection (a-10) of Section 3 
4 or Section 3.1 of the Firearm Owners Identification Card 
5 Act.
6   (1) (Blank). In addition to the other requirements 
7 of this paragraph (k), all persons who are not 
8 federally licensed firearms dealers must also have 
9 complied with subsection (a-10) of Section 3 of the 
10 Firearm Owners Identification Card Act by determining 
11 the validity of a purchaser's Firearm Owner's 
12 Identification Card.
13   (2) (Blank). All sellers or transferors who have 
14 complied with the requirements of subparagraph (1) of 
15 this paragraph (k) shall not be liable for damages in 
16 any civil action arising from the use or misuse by the 
17 transferee of the firearm transferred, except for 
18 willful or wanton misconduct on the part of the seller 
19 or transferor. 
20  (l) Not being entitled to the possession of a firearm, 
21 delivers the firearm, knowing it to have been stolen or 
22 converted. It may be inferred that a person who possesses 
23 a firearm with knowledge that its serial number has been 
24 removed or altered has knowledge that the firearm is 
25 stolen or converted. 
26 (B) Paragraph (h) of subsection (A) does not include 
 
 
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1firearms sold within 6 months after enactment of Public Act 
278-355 (approved August 21, 1973, effective October 1, 1973), 
3nor is any firearm legally owned or possessed by any citizen or 
4purchased by any citizen within 6 months after the enactment 
5of Public Act 78-355 subject to confiscation or seizure under 
6the provisions of that Public Act. Nothing in Public Act 
778-355 shall be construed to prohibit the gift or trade of any 
8firearm if that firearm was legally held or acquired within 6 
9months after the enactment of that Public Act.
10 (C) Sentence.
11  (1) Any person convicted of unlawful sale or delivery 
12 of firearms in violation of paragraph (c), (e), (f), (g), 
13 or (h) of subsection (A) commits a Class 4 felony.
14  (2) Any person convicted of unlawful sale or delivery 
15 of firearms in violation of paragraph (b) or (i) of 
16 subsection (A) commits a Class 3 felony.
17  (3) Any person convicted of unlawful sale or delivery 
18 of firearms in violation of paragraph (a) of subsection 
19 (A) commits a Class 2 felony.
20  (4) Any person convicted of unlawful sale or delivery 
21 of firearms in violation of paragraph (a), (b), or (i) of 
22 subsection (A) in any school, on the real property 
23 comprising a school, within 1,000 feet of the real 
24 property comprising a school, at a school related 
25 activity, or on or within 1,000 feet of any conveyance 
26 owned, leased, or contracted by a school or school 
 
 
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1 district to transport students to or from school or a 
2 school related activity, regardless of the time of day or 
3 time of year at which the offense was committed, commits a 
4 Class 1 felony. Any person convicted of a second or 
5 subsequent violation of unlawful sale or delivery of 
6 firearms in violation of paragraph (a), (b), or (i) of 
7 subsection (A) in any school, on the real property 
8 comprising a school, within 1,000 feet of the real 
9 property comprising a school, at a school related 
10 activity, or on or within 1,000 feet of any conveyance 
11 owned, leased, or contracted by a school or school 
12 district to transport students to or from school or a 
13 school related activity, regardless of the time of day or 
14 time of year at which the offense was committed, commits a 
15 Class 1 felony for which the sentence shall be a term of 
16 imprisonment of no less than 5 years and no more than 15 
17 years.
18  (5) Any person convicted of unlawful sale or delivery 
19 of firearms in violation of paragraph (a) or (i) of 
20 subsection (A) in residential property owned, operated, or 
21 managed by a public housing agency or leased by a public 
22 housing agency as part of a scattered site or mixed-income 
23 development, in a public park, in a courthouse, on 
24 residential property owned, operated, or managed by a 
25 public housing agency or leased by a public housing agency 
26 as part of a scattered site or mixed-income development, 
 
 
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1 on the real property comprising any public park, on the 
2 real property comprising any courthouse, or on any public 
3 way within 1,000 feet of the real property comprising any 
4 public park, courthouse, or residential property owned, 
5 operated, or managed by a public housing agency or leased 
6 by a public housing agency as part of a scattered site or 
7 mixed-income development commits a Class 2 felony.
8  (6) Any person convicted of unlawful sale or delivery 
9 of firearms in violation of paragraph (j) of subsection 
10 (A) commits a Class A misdemeanor. A second or subsequent 
11 violation is a Class 4 felony.
12  (7) (Blank). Any person convicted of unlawful sale or 
13 delivery of firearms in violation of paragraph (k) of 
14 subsection (A) commits a Class 4 felony, except that a 
15 violation of subparagraph (1) of paragraph (k) of 
16 subsection (A) shall not be punishable as a crime or petty 
17 offense. A third or subsequent conviction for a violation 
18 of paragraph (k) of subsection (A) is a Class 1 felony. 
19  (8) A person 18 years of age or older convicted of 
20 unlawful sale or delivery of firearms in violation of 
21 paragraph (a) or (i) of subsection (A), when the firearm 
22 that was sold or given to another person under 18 years of 
23 age was used in the commission of or attempt to commit a 
24 forcible felony, shall be fined or imprisoned, or both, 
25 not to exceed the maximum provided for the most serious 
26 forcible felony so committed or attempted by the person 
 
 
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1 under 18 years of age who was sold or given the firearm. 
2  (9) Any person convicted of unlawful sale or delivery 
3 of firearms in violation of paragraph (d) of subsection 
4 (A) commits a Class 3 felony.
5  (10) Any person convicted of unlawful sale or delivery 
6 of firearms in violation of paragraph (l) of subsection 
7 (A) commits a Class 2 felony if the delivery is of one 
8 firearm. Any person convicted of unlawful sale or delivery 
9 of firearms in violation of paragraph (l) of subsection 
10 (A) commits a Class 1 felony if the delivery is of not less 
11 than 2 and not more than 5 firearms at the same time or 
12 within a one-year period. Any person convicted of unlawful 
13 sale or delivery of firearms in violation of paragraph (l) 
14 of subsection (A) commits a Class X felony for which he or 
15 she shall be sentenced to a term of imprisonment of not 
16 less than 6 years and not more than 30 years if the 
17 delivery is of not less than 6 and not more than 10 
18 firearms at the same time or within a 2-year period. Any 
19 person convicted of unlawful sale or delivery of firearms 
20 in violation of paragraph (l) of subsection (A) commits a 
21 Class X felony for which he or she shall be sentenced to a 
22 term of imprisonment of not less than 6 years and not more 
23 than 40 years if the delivery is of not less than 11 and 
24 not more than 20 firearms at the same time or within a 
25 3-year period. Any person convicted of unlawful sale or 
26 delivery of firearms in violation of paragraph (l) of 
 
 
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1 subsection (A) commits a Class X felony for which he or she 
2 shall be sentenced to a term of imprisonment of not less 
3 than 6 years and not more than 50 years if the delivery is 
4 of not less than 21 and not more than 30 firearms at the 
5 same time or within a 4-year period. Any person convicted 
6 of unlawful sale or delivery of firearms in violation of 
7 paragraph (l) of subsection (A) commits a Class X felony 
8 for which he or she shall be sentenced to a term of 
9 imprisonment of not less than 6 years and not more than 60 
10 years if the delivery is of 31 or more firearms at the same 
11 time or within a 5-year period. 
12 (D) For purposes of this Section:
13 "School" means a public or private elementary or secondary 
14school, community college, college, or university.
15 "School related activity" means any sporting, social, 
16academic, or other activity for which students' attendance or 
17participation is sponsored, organized, or funded in whole or 
18in part by a school or school district.
19 (E) (Blank). A prosecution for a violation of paragraph 
20(k) of subsection (A) of this Section may be commenced within 6 
21years after the commission of the offense. A prosecution for a 
22violation of this Section other than paragraph (g) of 
23subsection (A) of this Section may be commenced within 5 years 
24after the commission of the offense defined in the particular 
25paragraph. 
26(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
 
 
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1102-813, eff. 5-13-22.)

2 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
3 Sec. 24-3.1. Unlawful possession of firearms and firearm 
4ammunition. 
5 (a) A person commits the offense of unlawful possession of 
6firearms or firearm ammunition when: 
7  (1) He is under 18 years of age and has in his 
8 possession any firearm of a size which may be concealed 
9 upon the person; or 
10  (2) He is under 21 years of age, has been convicted of 
11 a misdemeanor other than a traffic offense or adjudged 
12 delinquent and has any firearms or firearm ammunition in 
13 his possession; or 
14  (3) He is a narcotic addict and has any firearms or 
15 firearm ammunition in his possession; or 
16  (4) He has been a patient in a mental institution 
17 within the past 5 years and has any firearms or firearm 
18 ammunition in his possession. For purposes of this 
19 paragraph (4):
20   "Mental institution" means any hospital, 
21 institution, clinic, evaluation facility, mental 
22 health center, or part thereof, which is used 
23 primarily for the care or treatment of persons with 
24 mental illness.
25   "Patient in a mental institution" means the person 
 
 
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1 was admitted, either voluntarily or involuntarily, to 
2 a mental institution for mental health treatment, 
3 unless the treatment was voluntary and solely for an 
4 alcohol abuse disorder and no other secondary 
5 substance abuse disorder or mental illness; or 
6  (5) He is a person with an intellectual disability and 
7 has any firearms or firearm ammunition in his possession; 
8 or 
9  (6) He has in his possession any explosive bullet.
10 For purposes of this paragraph "explosive bullet" means 
11the projectile portion of an ammunition cartridge which 
12contains or carries an explosive charge which will explode 
13upon contact with the flesh of a human or an animal. 
14"Cartridge" means a tubular metal case having a projectile 
15affixed at the front thereof and a cap or primer at the rear 
16end thereof, with the propellant contained in such tube 
17between the projectile and the cap.
18 (a-5) A person prohibited from possessing a firearm under 
19this Section may petition the Director of the Illinois State 
20Police for a hearing and relief from the prohibition, unless 
21the prohibition was based upon a forcible felony, stalking, 
22aggravated stalking, domestic battery, any violation of the 
23Illinois Controlled Substances Act, the Methamphetamine 
24Control and Community Protection Act, or the Cannabis Control 
25Act that is classified as a Class 2 or greater felony, any 
26felony violation of Article 24 of the Criminal Code of 1961 or 
 
 
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1the Criminal Code of 2012, or any adjudication as a delinquent 
2minor for the commission of an offense that if committed by an 
3adult would be a felony, in which case the person may petition 
4the circuit court in writing in the county of his or her 
5residence for a hearing and relief from the prohibition. The 
6Director or court may grant the relief if it is established by 
7the petitioner to the court's or Director's satisfaction that: 
8  (1) when in the circuit court, the State's Attorney 
9 has been served with a written copy of the petition at 
10 least 30 days before any hearing in the circuit court and 
11 at the hearing the State's Attorney was afforded an 
12 opportunity to present evidence and object to the 
13 petition;
14  (2) the petitioner has not been convicted of a 
15 forcible felony under the laws of this State or any other 
16 jurisdiction within 20 years of the filing of the 
17 petition, or at least 20 years have passed since the end of 
18 any period of imprisonment imposed in relation to that 
19 conviction;
20  (3) the circumstances regarding a criminal conviction, 
21 where applicable, the petitioner's criminal history and 
22 his reputation are such that the petitioner will not be 
23 likely to act in a manner dangerous to public safety;
24  (4) granting relief would not be contrary to the 
25 public interest; and
26  (5) granting relief would not be contrary to federal 
 
 
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1 law. 
2 (b) Sentence.
3 Unlawful possession of firearms, other than handguns, and 
4firearm ammunition is a Class A misdemeanor. Unlawful 
5possession of handguns is a Class 4 felony. The possession of 
6each firearm or firearm ammunition in violation of this 
7Section constitutes a single and separate violation. 
8 (c) Nothing in paragraph (1) of subsection (a) of this 
9Section prohibits a person under 18 years of age from 
10participating in any lawful recreational activity with a 
11firearm such as, but not limited to, practice shooting at 
12targets upon established public or private target ranges or 
13hunting, trapping, or fishing in accordance with the Wildlife 
14Code or the Fish and Aquatic Life Code.
15(Source: P.A. 99-143, eff. 7-27-15.)

16 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
17 Sec. 24-3.2. Unlawful discharge of firearm projectiles. 
18 (a) A person commits the offense of unlawful discharge of 
19firearm projectiles when he or she knowingly or recklessly 
20uses an armor piercing bullet, dragon's breath shotgun shell, 
21bolo shell, or flechette shell in violation of this Section.
22 For purposes of this Section:
23 "Armor piercing bullet" means any handgun bullet or 
24handgun ammunition with projectiles or projectile cores 
25constructed entirely (excluding the presence of traces of 
 
 
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1other substances) from tungsten alloys, steel, iron, brass, 
2bronze, beryllium copper or depleted uranium, or fully 
3jacketed bullets larger than 22 caliber whose jacket has a 
4weight of more than 25% of the total weight of the projectile, 
5and excluding those handgun projectiles whose cores are 
6composed of soft materials such as lead or lead alloys, zinc or 
7zinc alloys, frangible projectiles designed primarily for 
8sporting purposes, and any other projectiles or projectile 
9cores that the U. S. Secretary of the Treasury finds to be 
10primarily intended to be used for sporting purposes or 
11industrial purposes or that otherwise does not constitute 
12"armor piercing ammunition" as that term is defined by federal 
13law.
14 "Dragon's breath shotgun shell" means any shotgun shell 
15that contains exothermic pyrophoric mesh metal as the 
16projectile and is designed for the purpose of throwing or 
17spewing a flame or fireball to simulate a flame-thrower.
18 "Bolo shell" means any shell that can be fired in a firearm 
19and expels as projectiles 2 or more metal balls connected by 
20solid metal wire.
21 "Flechette shell" means any shell that can be fired in a 
22firearm and expels 2 or more pieces of fin-stabilized solid 
23metal wire or 2 or more solid dart-type projectiles.
24 (b) A person commits a Class X felony when he or she, 
25knowing that a firearm, as defined in Section 1.1 of the 
26Firearm Owners Identification Card Act, is loaded with an 
 
 
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1armor piercing bullet, dragon's breath shotgun shell, bolo 
2shell, or flechette shell, intentionally or recklessly 
3discharges such firearm and such bullet or shell strikes any 
4other person.
5 (c) Any person who possesses, concealed on or about his or 
6her person, an armor piercing bullet, dragon's breath shotgun 
7shell, bolo shell, or flechette shell and a firearm suitable 
8for the discharge thereof is guilty of a Class 2 felony.
9 (d) This Section does not apply to or affect any of the 
10following: 
11  (1) Peace officers; 
12  (2) Wardens, superintendents and keepers of prisons, 
13 penitentiaries, jails and other institutions for the 
14 detention of persons accused or convicted of an offense; 
15  (3) Members of the Armed Services or Reserve Forces of 
16 the United States or the Illinois National Guard while in 
17 the performance of their official duties; 
18  (4) Federal officials required to carry firearms, 
19 while engaged in the performance of their official duties; 
20  (5) United States Marshals, while engaged in the 
21 performance of their official duties.
22(Source: P.A. 92-423, eff. 1-1-02.)

23 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
24 Sec. 24-3.4. Unlawful sale of firearms by liquor licensee. 
25 (a) It shall be unlawful for any person who holds a license 
 
 
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1to sell at retail any alcoholic liquor issued by the Illinois 
2Liquor Control Commission or local liquor control commissioner 
3under the Liquor Control Act of 1934 or an agent or employee of 
4the licensee to sell or deliver to any other person a firearm 
5in or on the real property of the establishment where the 
6licensee is licensed to sell alcoholic liquors unless the sale 
7or delivery of the firearm is otherwise lawful under this 
8Article and under the Firearm Owners Identification Card Act.
9 (b) Sentence. A violation of subsection (a) of this 
10Section is a Class 4 felony.
11(Source: P.A. 87-591.)

12 (720 ILCS 5/24-3.5)
13 Sec. 24-3.5. Unlawful purchase of a firearm. 
14 (a) For purposes of this Section, "firearms transaction 
15record form" means a form: 
16  (1) executed by a transferee of a firearm stating: (i) 
17 the transferee's name and address (including county or 
18 similar political subdivision); (ii) whether the 
19 transferee is a citizen of the United States; (iii) the 
20 transferee's State of residence; and (iv) the date and 
21 place of birth, height, weight, and race of the 
22 transferee; and 
23  (2) on which the transferee certifies that he or she 
24 is not prohibited by federal law from transporting or 
25 shipping a firearm in interstate or foreign commerce or 
 
 
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1 receiving a firearm that has been shipped or transported 
2 in interstate or foreign commerce or possessing a firearm 
3 in or affecting commerce.
4 (b) A person commits the offense of unlawful purchase of a 
5firearm who knowingly purchases or attempts to purchase a 
6firearm with the intent to deliver that firearm to another 
7person who is prohibited by federal or State law from 
8possessing a firearm.
9 (c) A person commits the offense of unlawful purchase of a 
10firearm when he or she, in purchasing or attempting to 
11purchase a firearm, intentionally provides false or misleading 
12information on a United States Department of the Treasury, 
13Bureau of Alcohol, Tobacco and Firearms firearms transaction 
14record form.
15 (d) Exemption. It is not a violation of subsection (b) of 
16this Section for a person to make a gift or loan of a firearm 
17to a person who is not prohibited by federal or State law from 
18possessing a firearm if the transfer of the firearm is made in 
19accordance with Section 3 of the Firearm Owners Identification 
20Card Act.
21 (e) Sentence. 
22  (1) A person who commits the offense of unlawful 
23 purchase of a firearm: 
24   (A) is guilty of a Class 2 felony for purchasing or 
25 attempting to purchase one firearm; 
26   (B) is guilty of a Class 1 felony for purchasing or 
 
 
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1 attempting to purchase not less than 2 firearms and 
2 not more than 5 firearms at the same time or within a 
3 one year period; 
4   (C) is guilty of a Class X felony for which the 
5 offender shall be sentenced to a term of imprisonment 
6 of not less than 9 years and not more than 40 years for 
7 purchasing or attempting to purchase not less than 6 
8 firearms at the same time or within a 2 year period. 
9  (2) In addition to any other penalty that may be 
10 imposed for a violation of this Section, the court may 
11 sentence a person convicted of a violation of subsection 
12 (c) of this Section to a fine not to exceed $250,000 for 
13 each violation.
14 (f) A prosecution for unlawful purchase of a firearm may 
15be commenced within 6 years after the commission of the 
16offense. 
17(Source: P.A. 95-882, eff. 1-1-09.)

18 (720 ILCS 5/24-3B)
19 Sec. 24-3B. Firearms trafficking.
20 (a) A person commits firearms trafficking when he or she 
21is prohibited under federal or State law from possessing a 
22firearm has not been issued a currently valid Firearm Owner's 
23Identification Card and knowingly:
24  (1) brings, or causes to be brought, into this State, 
25 a firearm or firearm ammunition for the purpose of sale, 
 
 
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1 delivery, or transfer to any other person or with the 
2 intent to sell, deliver, or transfer the firearm or 
3 firearm ammunition to any other person; or
4  (2) brings, or causes to be brought, into this State, 
5 a firearm and firearm ammunition for the purpose of sale, 
6 delivery, or transfer to any other person or with the 
7 intent to sell, deliver, or transfer the firearm and 
8 firearm ammunition to any other person.
9 (a-5) (Blank). This Section does not apply to: 
10  (1) a person exempt under Section 2 of the Firearm 
11 Owners Identification Card Act from the requirement of 
12 having possession of a Firearm Owner's Identification Card 
13 previously issued in his or her name by the Illinois State 
14 Police in order to acquire or possess a firearm or firearm 
15 ammunition; 
16  (2) a common carrier under subsection (i) of Section 
17 24-2 of this Code; or 
18  (3) a non-resident who may lawfully possess a firearm 
19 in his or her resident state. 
20 (b) Sentence.
21  (1) Firearms trafficking is a Class 1 felony for which 
22 the person, if sentenced to a term of imprisonment, shall 
23 be sentenced to not less than 4 years and not more than 20 
24 years.
25  (2) Firearms trafficking by a person who has been 
26 previously convicted of firearms trafficking, gunrunning, 
 
 
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1 or a felony offense for the unlawful sale, delivery, or 
2 transfer of a firearm or firearm ammunition in this State 
3 or another jurisdiction is a Class X felony. 
4(Source: P.A. 102-538, eff. 8-20-21.)

5 (720 ILCS 5/24-4.1)
6 Sec. 24-4.1. Report of lost or stolen firearms. 
7 (a) If a person who possesses a valid Firearm Owner's 
8Identification Card and who possesses or acquires a firearm 
9thereafter loses the firearm, or if the firearm is stolen from 
10the person, the person must report the loss or theft to the 
11local law enforcement agency within 72 hours after obtaining 
12knowledge of the loss or theft.
13 (b) A law enforcement agency having jurisdiction shall 
14take a written report and shall, as soon as practical, enter 
15the firearm's serial number as stolen into the Law Enforcement 
16Agencies Data System (LEADS).
17 (c) A person shall not be in violation of this Section if:
18  (1) the failure to report is due to an act of God, act 
19 of war, or inability of a law enforcement agency to 
20 receive the report;
21  (2) the person is hospitalized, in a coma, or is 
22 otherwise seriously physically or mentally impaired as to 
23 prevent the person from reporting; or
24  (3) the person's designee makes a report if the person 
25 is unable to make the report. 
 
 
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1 (d) Sentence. A person who violates this Section is guilty 
2of a petty offense for a first violation. A second or 
3subsequent violation of this Section is a Class A misdemeanor.
4(Source: P.A. 98-508, eff. 8-19-13.)

5 (720 ILCS 5/24-4.5 new)
6 Sec. 24-4.5. Dial-up system.
7 (a) The Illinois State Police shall provide a dial-up 
8telephone system or use other existing technology which shall 
9be used by any federally licensed firearm dealer, gun show 
10promoter, or gun show vendor who is to transfer a firearm, stun 
11gun, or taser under the provisions of this Code. The Illinois 
12State Police may use existing technology which allows the 
13caller to be charged a fee not to exceed $2. Fees collected by 
14the Illinois State Police shall be deposited in the State 
15Police Services Fund and used to provide the service.
16 (b) Upon receiving a request from a federally licensed 
17firearm dealer, gun show promoter, or gun show vendor, the 
18Illinois State Police shall immediately approve, or, within 
19the time period established by Section 24-3 of this Code 
20regarding the delivery of firearms, stun guns, and tasers, 
21notify the inquiring dealer, gun show promoter, or gun show 
22vendor of any objection that would disqualify the transferee 
23from acquiring or possessing a firearm, stun gun, or taser. In 
24conducting the inquiry, the Illinois State Police shall 
25initiate and complete an automated search of its criminal 
 
 
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1history record information files and those of the Federal 
2Bureau of Investigation, including the National Instant 
3Criminal Background Check System, and of the files of the 
4Department of Human Services relating to mental health and 
5developmental disabilities to obtain any felony conviction or 
6patient hospitalization information which would disqualify a 
7person from obtaining a firearm.
8 (c) If receipt of a firearm would not violate Section 24-3 
9of this Code or federal law, the Illinois State Police shall: 
10  (1) assign a unique identification number to the 
11 transfer; and
12  (2) provide the licensee, gun show promoter, or gun 
13 show vendor with the number.
14 (d) Approvals issued by the Illinois State Police for the 
15purchase of a firearm are valid for 30 days from the date of 
16issue. 
17 (e)(1) The Illinois State Police must act as the Illinois 
18Point of Contact for the National Instant Criminal Background 
19Check System.
20 (2) The Illinois State Police and the Department of Human 
21Services shall, in accordance with State and federal law 
22regarding confidentiality, enter into a memorandum of 
23understanding with the Federal Bureau of Investigation for the 
24purpose of implementing the National Instant Criminal 
25Background Check System in the State. The Illinois State 
26Police shall report the name, date of birth, and physical 
 
 
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1description of any person prohibited from possessing a firearm 
2under this Code or 18 U.S.C. 922(g) and (n) to the National 
3Instant Criminal Background Check System Index, Denied Persons 
4Files.
5 (f) The Illinois State Police shall adopt rules not 
6inconsistent with this Section to implement this system. 

7 (720 ILCS 5/24-5.1)
8 Sec. 24-5.1. Serialization of unfinished frames or 
9receivers; prohibition on unserialized firearms; exceptions; 
10penalties.
11 (a) In this Section:
12 "Bona fide supplier" means an established business entity 
13engaged in the development and sale of firearms parts to one or 
14more federal firearms manufacturers or federal firearms 
15importers. 
16 "Federal firearms dealer" means a licensed manufacturer 
17pursuant to 18 U.S.C. 921(a)(11).
18 "Federal firearms importer" means a licensed importer 
19pursuant to 18 U.S.C. 921(a)(9).
20 "Federal firearms manufacturer" means a licensed 
21manufacturer pursuant to 18 U.S.C. 921(a)(10).
22 "Frame or receiver" means a part of a firearm that, when 
23the complete weapon is assembled, is visible from the exterior 
24and provides housing or a structure designed to hold or 
25integrate one or more fire control components, even if pins or 
 
 
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1other attachments are required to connect those components to 
2the housing or structure. For models of firearms in which 
3multiple parts provide such housing or structure, the part or 
4parts that the Director of the federal Bureau of Alcohol, 
5Tobacco, Firearms and Explosives has determined are a frame or 
6receiver constitute the frame or receiver. For purposes of 
7this definition, "fire control component" means a component 
8necessary for the firearm to initiate, complete, or continue 
9the firing sequence, including any of the following: hammer, 
10bolt, bolt carrier, breechblock, cylinder, trigger mechanism, 
11firing pin, striker, or slide rails.
12 "Security exemplar" means an object to be fabricated at 
13the direction of the United States Attorney General that is 
14(1) constructed of 3.7 ounces of material type 17-4 PH 
15stainless steel in a shape resembling a handgun and (2) 
16suitable for testing and calibrating metal detectors. 
17 "Three-dimensional printer" means a computer or 
18computer-drive machine capable of producing a 
19three-dimensional object from a digital model.
20 "Undetectable firearm" means (1) a firearm constructed 
21entirely of non-metal substances; (2) a firearm that, after 
22removal of all parts but the major components of the firearm, 
23is not detectable by walk-through metal detectors calibrated 
24and operated to detect the security exemplar; or (3) a firearm 
25that includes a major component of a firearm, which, if 
26subject to the types of detection devices commonly used at 
 
 
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1airports for security screening, would not generate an image 
2that accurately depicts the shape of the component. 
3"Undetectable firearm" does not include a firearm subject to 
4the provisions of 18 U.S.C. 922(p)(3) through (6). 
5 "Unfinished frame or receiver" means any forging, casting, 
6printing, extrusion, machined body, or similar article that:
7  (1) has reached a stage in manufacture where it may 
8 readily be completed, assembled, or converted to be a 
9 functional firearm; or
10  (2) is marketed or sold to the public to become or be 
11 used as the frame or receiver of a functional firearm once 
12 completed, assembled, or converted.
13 "Unserialized" means lacking a serial number imprinted by:
14  (1) a federal firearms manufacturer, federal firearms 
15 importer, federal firearms dealer, or other federal 
16 licensee authorized to provide marking services, pursuant 
17 to a requirement under federal law; or
18  (2) a federal firearms dealer or other federal 
19 licensee authorized to provide marking services pursuant 
20 to subsection (f) of this Section. 
21 (b) It is unlawful for any person to knowingly sell, offer 
22to sell, or transfer an unserialized unfinished frame or 
23receiver or unserialized firearm, including those produced 
24using a three-dimensional printer, unless the party purchasing 
25or receiving the unfinished frame or receiver or unserialized 
26firearm is a federal firearms importer, federal firearms 
 
 
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1manufacturer, or federal firearms dealer.
2 (c) Beginning 180 days after May 18, 2022 (the effective 
3date of Public Act 102-889) this amendatory Act of the 102nd 
4General Assembly, it is unlawful for any person to knowingly 
5possess, transport, or receive an unfinished frame or 
6receiver, unless:
7  (1) the party possessing or receiving the unfinished 
8 frame or receiver is a federal firearms importer or 
9 federal firearms manufacturer;
10  (2) the unfinished frame or receiver is possessed or 
11 transported by a person for transfer to a federal firearms 
12 importer or federal firearms manufacturer; or
13  (3) the unfinished frame or receiver has been 
14 imprinted with a serial number issued by a federal 
15 firearms importer or federal firearms manufacturer in 
16 compliance with subsection (f) of this Section. 
17 (d) Beginning 180 days after May 18, 2022 (the effective 
18date of Public Act 102-889) this amendatory Act of the 102nd 
19General Assembly, unless the party receiving the firearm is a 
20federal firearms importer or federal firearms manufacturer, it 
21is unlawful for any person to knowingly possess, purchase, 
22transport, or receive a firearm that is not imprinted with a 
23serial number by (1) a federal firearms importer or federal 
24firearms manufacturer in compliance with all federal laws and 
25regulations regulating the manufacture and import of firearms 
26or (2) a federal firearms manufacturer, federal firearms 
 
 
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1dealer, or other federal licensee authorized to provide 
2marking services in compliance with the unserialized firearm 
3serialization process under subsection (f) of this Section. 
4 (e) Any firearm or unfinished frame or receiver 
5manufactured using a three-dimensional printer must also be 
6serialized in accordance with the requirements of subsection 
7(f) within 30 days after May 18, 2022 (the effective date of 
8Public Act 102-889) this amendatory Act of the 102nd General 
9Assembly, or prior to reaching a stage of manufacture where it 
10may be readily completed, assembled, or converted to be a 
11functional firearm.
12 (f) Unserialized unfinished frames or receivers and 
13unserialized firearms serialized pursuant to this Section 
14shall be serialized in compliance with all of the following:
15  (1) An unserialized unfinished frame or receiver and 
16 unserialized firearm shall be serialized by a federally 
17 licensed firearms dealer or other federal licensee 
18 authorized to provide marking services with the licensee's 
19 abbreviated federal firearms license number as a prefix 
20 (which is the first 3 and last 5 digits) followed by a 
21 hyphen, and then followed by a number as a suffix, such as 
22 12345678-(number). The serial number or numbers must be 
23 placed in a manner that accords with the requirements 
24 under federal law for affixing serial numbers to firearms, 
25 including the requirements that the serial number or 
26 numbers be at the minimum size and depth, and not 
 
 
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1 susceptible to being readily obliterated, altered, or 
2 removed, and the licensee must retain records that accord 
3 with the requirements under federal law in the case of the 
4 sale of a firearm. The imprinting of any serial number 
5 upon an a undetectable firearm must be done on a steel 
6 plaque in compliance with 18 U.S.C. 922(p).
7  (2) Every federally licensed firearms dealer or other 
8 federal licensee that engraves, casts, stamps, or 
9 otherwise conspicuously and permanently places a unique 
10 serial number pursuant to this Section shall maintain a 
11 record of such indefinitely. Licensees subject to the 
12 Firearm Dealer License Certification Act shall make all 
13 records accessible for inspection upon the request of the 
14 Illinois State Police or a law enforcement agency in 
15 accordance with Section 5-35 of the Firearm Dealer License 
16 Certification Act.
17  (3) Every federally licensed firearms dealer or other 
18 federal licensee that engraves, casts, stamps, or 
19 otherwise conspicuously and permanently places a unique 
20 serial number pursuant to this Section shall record it at 
21 the time of every transaction involving the transfer of a 
22 firearm, rifle, shotgun, finished frame or receiver, or 
23 unfinished frame or receiver that has been so marked in 
24 compliance with the federal guidelines set forth in 27 CFR 
25 478.124.
26  (4) (Blank). Every federally licensed firearms dealer 
 
 
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1 or other federal licensee that engraves, casts, stamps, or 
2 otherwise conspicuously and permanently places a unique 
3 serial number pursuant to this Section shall review and 
4 confirm the validity of the owner's Firearm Owner's 
5 Identification Card issued under the Firearm Owners 
6 Identification Card Act prior to returning the firearm to 
7 the owner.
8 (g) Within 30 days after May 18, 2022 (the effective date 
9of Public Act 102-889) this amendatory Act of the 102nd 
10General Assembly, the Director of the Illinois State Police 
11shall issue a public notice regarding the provisions of this 
12Section. The notice shall include posting on the Illinois 
13State Police website and may include written notification or 
14any other means of communication statewide to all 
15Illinois-based federal firearms manufacturers, federal 
16firearms dealers, or other federal licensees authorized to 
17provide marking services in compliance with the serialization 
18process in subsection (f) in order to educate the public.
19 (h) Exceptions. This Section does not apply to an 
20unserialized unfinished frame or receiver or an unserialized 
21firearm that:
22  (1) has been rendered permanently inoperable;
23  (2) is an antique firearm, as defined in 18 U.S.C. 
24 921(a)(16);
25  (3) was manufactured prior to October 22, 1968;
26  (4) is an unfinished frame or receiver and is 
 
 
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1 possessed by a bona fide supplier exclusively for transfer 
2 to a federal firearms manufacturer or federal firearms 
3 importer, or is possessed by a federal firearms 
4 manufacturer or federal firearms importer in compliance 
5 with all federal laws and regulations regulating the 
6 manufacture and import of firearms; except this exemption 
7 does not apply if an unfinished frame or receiver is 
8 possessed for transfer or is transferred to a person other 
9 than a federal firearms manufacturer or federal firearms 
10 importer; or 
11  (5) is possessed by a person who received the 
12 unserialized unfinished frame or receiver or unserialized 
13 firearm through inheritance, and is not otherwise 
14 prohibited from possessing the unserialized unfinished 
15 frame or receiver or unserialized firearm, for a period 
16 not exceeding 30 days after inheriting the unserialized 
17 unfinished frame or receiver or unserialized firearm. 
18 (i) Penalties.
19  (1) A person who violates subsection (c) or (d) is 
20 guilty of a Class A misdemeanor for a first violation and 
21 is guilty of a Class 3 felony for a second or subsequent 
22 violation.
23  (2) A person who violates subsection (b) is guilty of 
24 a Class 4 felony for a first violation and is guilty of a 
25 Class 2 felony for a second or subsequent violation.
26(Source: P.A. 102-889, eff. 5-18-22; revised 1-3-24.)

 
 
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1 (720 ILCS 5/24-9)
2 Sec. 24-9. Firearms; Child Protection. 
3 (a) Except as provided in subsection (c), it is unlawful 
4for any person to store or leave, within premises under his or 
5her control, a firearm if the person knows or has reason to 
6believe that a minor under the age of 14 years who does not 
7have a Firearm Owners Identification Card is likely to gain 
8access to the firearm without the lawful permission of the 
9person possessing the firearm, minor's parent, guardian, or 
10person having charge of the minor, and the minor causes death 
11or great bodily harm with the firearm, unless the firearm is: 
12  (1) secured by a device or mechanism, other than the 
13 firearm safety, designed to render a firearm temporarily 
14 inoperable; or 
15  (2) placed in a securely locked box or container; or 
16  (3) placed in some other location that a reasonable 
17 person would believe to be secure from a minor under the 
18 age of 14 years.
19 (b) Sentence. A person who violates this Section is guilty 
20of a Class C misdemeanor and shall be fined not less than 
21$1,000. A second or subsequent violation of this Section is a 
22Class A misdemeanor.
23 (c) Subsection (a) does not apply: 
24  (1) if the minor under 14 years of age gains access to 
25 a firearm and uses it in a lawful act of self-defense or 
 
 
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1 defense of another; or 
2  (2) to any firearm obtained by a minor under the age of 
3 14 because of an unlawful entry of the premises by the 
4 minor or another person.
5 (d) (Blank). For the purposes of this Section, "firearm" 
6has the meaning ascribed to it in Section 1.1 of the Firearm 
7Owners Identification Card Act.
8(Source: P.A. 91-18, eff. 1-1-00.)

9 Section 165. The Methamphetamine Control and Community 
10Protection Act is amended by changing Section 10 as follows:

11 (720 ILCS 646/10)
12 Sec. 10. Definitions. As used in this Act:
13 "Anhydrous ammonia" has the meaning provided in subsection 
14(d) of Section 3 of the Illinois Fertilizer Act of 1961. 
15 "Anhydrous ammonia equipment" means all items used to 
16store, hold, contain, handle, transfer, transport, or apply 
17anhydrous ammonia for lawful purposes. 
18 "Booby trap" means any device designed to cause physical 
19injury when triggered by an act of a person approaching, 
20entering, or moving through a structure, a vehicle, or any 
21location where methamphetamine has been manufactured, is being 
22manufactured, or is intended to be manufactured. 
23 "Deliver" or "delivery" has the meaning provided in 
24subsection (h) of Section 102 of the Illinois Controlled 
 
 
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1Substances Act. 
2 "Director" means the Director of the Illinois State Police 
3or the Director's designated agents. 
4 "Dispose" or "disposal" means to abandon, discharge, 
5release, deposit, inject, dump, spill, leak, or place 
6methamphetamine waste onto or into any land, water, or well of 
7any type so that the waste has the potential to enter the 
8environment, be emitted into the air, or be discharged into 
9the soil or any waters, including groundwater. 
10 "Emergency response" means the act of collecting evidence 
11from or securing a methamphetamine laboratory site, 
12methamphetamine waste site or other methamphetamine-related 
13site and cleaning up the site, whether these actions are 
14performed by public entities or private contractors paid by 
15public entities. 
16 "Emergency service provider" means a local, State, or 
17federal peace officer, firefighter, emergency medical 
18technician-ambulance, emergency medical 
19technician-intermediate, emergency medical 
20technician-paramedic, ambulance driver, or other medical or 
21first aid personnel rendering aid, or any agent or designee of 
22the foregoing. 
23 "Finished methamphetamine" means methamphetamine in a form 
24commonly used for personal consumption.
25 "Firearm" has the meaning provided in Section 2-7.5 of the 
26Criminal Code of 2012 1.1 of the Firearm Owners Identification 
 
 
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1Card Act. 
2 "Manufacture" means to produce, prepare, compound, 
3convert, process, synthesize, concentrate, purify, separate, 
4extract, or package any methamphetamine, methamphetamine 
5precursor, methamphetamine manufacturing catalyst, 
6methamphetamine manufacturing reagent, methamphetamine 
7manufacturing solvent, or any substance containing any of the 
8foregoing. 
9 "Methamphetamine" means the chemical methamphetamine (a 
10Schedule II controlled substance under the Illinois Controlled 
11Substances Act) or any salt, optical isomer, salt of optical 
12isomer, or analog thereof, with the exception of 
133,4-Methylenedioxymethamphetamine (MDMA) or any other 
14scheduled substance with a separate listing under the Illinois 
15Controlled Substances Act.
16 "Methamphetamine manufacturing catalyst" means any 
17substance that has been used, is being used, or is intended to 
18be used to activate, accelerate, extend, or improve a chemical 
19reaction involved in the manufacture of methamphetamine. 
20 "Methamphetamine manufacturing environment" means a 
21structure or vehicle in which: 
22  (1) methamphetamine is being or has been manufactured; 
23  (2) chemicals that are being used, have been used, or 
24 are intended to be used to manufacture methamphetamine are 
25 stored; 
26  (3) methamphetamine manufacturing materials that have 
 
 
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1 been used to manufacture methamphetamine are stored; or 
2  (4) methamphetamine manufacturing waste is stored. 
3 "Methamphetamine manufacturing material" means any 
4methamphetamine precursor, substance containing any 
5methamphetamine precursor, methamphetamine manufacturing 
6catalyst, substance containing any methamphetamine 
7manufacturing catalyst, methamphetamine manufacturing 
8reagent, substance containing any methamphetamine 
9manufacturing reagent, methamphetamine manufacturing solvent, 
10substance containing any methamphetamine manufacturing 
11solvent, or any other chemical, substance, ingredient, 
12equipment, apparatus, or item that is being used, has been 
13used, or is intended to be used in the manufacture of 
14methamphetamine. 
15 "Methamphetamine manufacturing reagent" means any 
16substance other than a methamphetamine manufacturing catalyst 
17that has been used, is being used, or is intended to be used to 
18react with and chemically alter any methamphetamine precursor.
19 "Methamphetamine manufacturing solvent" means any 
20substance that has been used, is being used, or is intended to 
21be used as a medium in which any methamphetamine precursor, 
22methamphetamine manufacturing catalyst, methamphetamine 
23manufacturing reagent, or any substance containing any of the 
24foregoing is dissolved, diluted, or washed during any part of 
25the methamphetamine manufacturing process. 
26 "Methamphetamine manufacturing waste" means any chemical, 
 
 
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1substance, ingredient, equipment, apparatus, or item that is 
2left over from, results from, or is produced by the process of 
3manufacturing methamphetamine, other than finished 
4methamphetamine. 
5 "Methamphetamine precursor" means ephedrine, 
6pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone, 
7phenylacetone, phenyl-2-propanone, P2P, or any salt, optical 
8isomer, or salt of an optical isomer of any of these chemicals. 
9 "Multi-unit dwelling" means a unified structure used or 
10intended for use as a habitation, home, or residence that 
11contains 2 or more condominiums, apartments, hotel rooms, 
12motel rooms, or other living units. 
13 "Package" means an item marked for retail sale that is not 
14designed to be further broken down or subdivided for the 
15purpose of retail sale. 
16 "Participate" or "participation" in the manufacture of 
17methamphetamine means to produce, prepare, compound, convert, 
18process, synthesize, concentrate, purify, separate, extract, 
19or package any methamphetamine, methamphetamine precursor, 
20methamphetamine manufacturing catalyst, methamphetamine 
21manufacturing reagent, methamphetamine manufacturing solvent, 
22or any substance containing any of the foregoing, or to assist 
23in any of these actions, or to attempt to take any of these 
24actions, regardless of whether this action or these actions 
25result in the production of finished methamphetamine. 
26 "Person with a disability" means a person who suffers from 
 
 
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1a permanent physical or mental impairment resulting from 
2disease, injury, functional disorder, or congenital condition 
3which renders the person incapable of adequately providing for 
4his or her own health and personal care. 
5 "Procure" means to purchase, steal, gather, or otherwise 
6obtain, by legal or illegal means, or to cause another to take 
7such action. 
8 "Second or subsequent offense" means an offense under this 
9Act committed by an offender who previously committed an 
10offense under this Act, the Illinois Controlled Substances 
11Act, the Cannabis Control Act, or another Act of this State, 
12another state, or the United States relating to 
13methamphetamine, cannabis, or any other controlled substance. 
14 "Standard dosage form", as used in relation to any 
15methamphetamine precursor, means that the methamphetamine 
16precursor is contained in a pill, tablet, capsule, caplet, gel 
17cap, or liquid cap that has been manufactured by a lawful 
18entity and contains a standard quantity of methamphetamine 
19precursor. 
20 "Unauthorized container", as used in relation to anhydrous 
21ammonia, means any container that is not designed for the 
22specific and sole purpose of holding, storing, transporting, 
23or applying anhydrous ammonia. "Unauthorized container" 
24includes, but is not limited to, any propane tank, fire 
25extinguisher, oxygen cylinder, gasoline can, food or beverage 
26cooler, or compressed gas cylinder used in dispensing fountain 
 
 
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1drinks. "Unauthorized container" does not encompass anhydrous 
2ammonia manufacturing plants, refrigeration systems where 
3anhydrous ammonia is used solely as a refrigerant, anhydrous 
4ammonia transportation pipelines, anhydrous ammonia tankers, 
5or anhydrous ammonia barges. 
6(Source: P.A. 102-538, eff. 8-20-21.)

7 Section 170. The Code of Criminal Procedure of 1963 is 
8amended by changing Sections 102-7.1, 110-10, 112A-5.5, 
9112A-11.1, 112A-11.2, 112A-14, 112A-14.7, and 112A-17.5 as 
10follows:

11 (725 ILCS 5/102-7.1)
12 Sec. 102-7.1. "Category A offense". "Category A offense" 
13means a Class 1 felony, Class 2 felony, Class X felony, first 
14degree murder, a violation of Section 11-204 of the Illinois 
15Vehicle Code, a second or subsequent violation of Section 
1611-501 of the Illinois Vehicle Code, a violation of subsection 
17(d) of Section 11-501 of the Illinois Vehicle Code, a 
18violation of Section 11-401 of the Illinois Vehicle Code if 
19the crash results in injury and the person failed to report the 
20crash within 30 minutes, a violation of Section 9-3, 9-3.4, 
2110-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25, 
2212-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6, 
2312-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3, 
2425-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or 
 
 
HB5199- 319 -LRB103 38448 RLC 68584 b


1subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code 
2of 2012, a violation of paragraph (5) or (6) of subsection (b) 
3of Section 10-9 of the Criminal Code of 2012, a violation of 
4subsection (b) or (c) or paragraph (1) or (2) of subsection (a) 
5of Section 11-1.50 of the Criminal Code of 2012, a violation of 
6Section 12-7 of the Criminal Code of 2012 if the defendant 
7inflicts bodily harm on the victim to obtain a confession, 
8statement, or information, a violation of Section 12-7.5 of 
9the Criminal Code of 2012 if the action results in bodily harm, 
10a violation of paragraph (3) of subsection (b) of Section 17-2 
11of the Criminal Code of 2012, a violation of subdivision 
12(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a 
13violation of paragraph (6) of subsection (a) of Section 24-1 
14of the Criminal Code of 2012, a first violation of Section 
1524-1.6 of the Criminal Code of 2012 by a person 18 years of age 
16or older where the factors listed in both items (A) and (C) or 
17both items (A-5) and (C) of paragraph (3) of subsection (a) of 
18Section 24-1.6 of the Criminal Code of 2012 are present, a 
19Class 3 felony violation of paragraph (1) of subsection (a) of 
20Section 2 of the Firearm Owners Identification Card Act 
21committed before the effective date of this amendatory Act of 
22the 103rd General Assembly, or a violation of Section 10 of the 
23Sex Offender Registration Act. 
24(Source: P.A. 102-982, eff. 7-1-23.)

25 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
 
 
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1 Sec. 110-10. Conditions of pretrial release. 
2 (a) If a person is released prior to conviction, the 
3conditions of pretrial release shall be that he or she will:
4  (1) Appear to answer the charge in the court having 
5 jurisdiction on a day certain and thereafter as ordered by 
6 the court until discharged or final order of the court;
7  (2) Submit himself or herself to the orders and 
8 process of the court;
9  (3) (Blank);
10  (4) Not violate any criminal statute of any 
11 jurisdiction;
12  (5) At a time and place designated by the court, 
13 surrender all firearms in his or her possession to a law 
14 enforcement officer designated by the court to take 
15 custody of and impound the firearms and physically 
16 surrender his or her Firearm Owner's Identification Card 
17 to the clerk of the circuit court when the offense the 
18 person has been charged with is a forcible felony, 
19 stalking, aggravated stalking, domestic battery, any 
20 violation of the Illinois Controlled Substances Act, the 
21 Methamphetamine Control and Community Protection Act, or 
22 the Cannabis Control Act that is classified as a Class 2 or 
23 greater felony, or any felony violation of Article 24 of 
24 the Criminal Code of 1961 or the Criminal Code of 2012; the 
25 court may, however, forgo the imposition of this condition 
26 when the circumstances of the case clearly do not warrant 
 
 
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1 it or when its imposition would be impractical; if the 
2 Firearm Owner's Identification Card is confiscated, the 
3 clerk of the circuit court shall mail the confiscated card 
4 to the Illinois State Police; all legally possessed 
5 firearms shall be returned to the person upon the charges 
6 being dismissed, or if the person is found not guilty, 
7 unless the finding of not guilty is by reason of insanity; 
8 and
9  (6) At a time and place designated by the court, 
10 submit to a psychological evaluation when the person has 
11 been charged with a violation of item (4) of subsection 
12 (a) of Section 24-1 of the Criminal Code of 1961 or the 
13 Criminal Code of 2012 and that violation occurred in a 
14 school or in any conveyance owned, leased, or contracted 
15 by a school to transport students to or from school or a 
16 school-related activity, or on any public way within 1,000 
17 feet of real property comprising any school.
18 Psychological evaluations ordered pursuant to this Section 
19shall be completed promptly and made available to the State, 
20the defendant, and the court. As a further condition of 
21pretrial release under these circumstances, the court shall 
22order the defendant to refrain from entering upon the property 
23of the school, including any conveyance owned, leased, or 
24contracted by a school to transport students to or from school 
25or a school-related activity, or on any public way within 
261,000 feet of real property comprising any school. Upon 
 
 
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1receipt of the psychological evaluation, either the State or 
2the defendant may request a change in the conditions of 
3pretrial release, pursuant to Section 110-6 of this Code. The 
4court may change the conditions of pretrial release to include 
5a requirement that the defendant follow the recommendations of 
6the psychological evaluation, including undergoing psychiatric 
7treatment. The conclusions of the psychological evaluation and 
8any statements elicited from the defendant during its 
9administration are not admissible as evidence of guilt during 
10the course of any trial on the charged offense, unless the 
11defendant places his or her mental competency in issue.
12 (b) Additional conditions of release shall be set only 
13when it is determined that they are necessary to ensure the 
14defendant's appearance in court, ensure the defendant does not 
15commit any criminal offense, ensure the defendant complies 
16with all conditions of pretrial release, prevent the 
17defendant's unlawful interference with the orderly 
18administration of justice, or ensure compliance with the rules 
19and procedures of problem solving courts. However, conditions 
20shall include the least restrictive means and be 
21individualized. Conditions shall not mandate rehabilitative 
22services unless directly tied to the risk of pretrial 
23misconduct. Conditions of supervision shall not include 
24punitive measures such as community service work or 
25restitution. Conditions may include the following:
26  (0.05) Not depart this State without leave of the 
 
 
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1 court; 
2  (1) Report to or appear in person before such person 
3 or agency as the court may direct;
4  (2) Refrain from possessing a firearm or other 
5 dangerous weapon;
6  (3) Refrain from approaching or communicating with 
7 particular persons or classes of persons;
8  (4) Refrain from going to certain described geographic 
9 areas or premises;
10  (5) Be placed under direct supervision of the Pretrial 
11 Services Agency, Probation Department or Court Services 
12 Department in a pretrial home supervision capacity with or 
13 without the use of an approved electronic monitoring 
14 device subject to Article 8A of Chapter V of the Unified 
15 Code of Corrections;
16  (6) For persons charged with violating Section 11-501 
17 of the Illinois Vehicle Code, refrain from operating a 
18 motor vehicle not equipped with an ignition interlock 
19 device, as defined in Section 1-129.1 of the Illinois 
20 Vehicle Code, pursuant to the rules promulgated by the 
21 Secretary of State for the installation of ignition 
22 interlock devices. Under this condition the court may 
23 allow a defendant who is not self-employed to operate a 
24 vehicle owned by the defendant's employer that is not 
25 equipped with an ignition interlock device in the course 
26 and scope of the defendant's employment;
 
 
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1  (7) Comply with the terms and conditions of an order 
2 of protection issued by the court under the Illinois 
3 Domestic Violence Act of 1986 or an order of protection 
4 issued by the court of another state, tribe, or United 
5 States territory;
6  (8) Sign a written admonishment requiring that he or 
7 she comply with the provisions of Section 110-12 regarding 
8 any change in his or her address. The defendant's address 
9 shall at all times remain a matter of record with the clerk 
10 of the court; and
11  (9) Such other reasonable conditions as the court may 
12 impose, so long as these conditions are the least 
13 restrictive means to achieve the goals listed in 
14 subsection (b), are individualized, and are in accordance 
15 with national best practices as detailed in the Pretrial 
16 Supervision Standards of the Supreme Court.
17 The defendant shall receive verbal and written 
18notification of conditions of pretrial release and future 
19court dates, including the date, time, and location of court. 
20 (c) When a person is charged with an offense under Section 
2111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 
2212-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the 
23Criminal Code of 2012, involving a victim who is a minor under 
2418 years of age living in the same household with the defendant 
25at the time of the offense, in releasing the defendant, the 
26judge shall impose conditions to restrict the defendant's 
 
 
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1access to the victim which may include, but are not limited to 
2conditions that he will:
3  1. Vacate the household.
4  2. Make payment of temporary support to his 
5 dependents.
6  3. Refrain from contact or communication with the 
7 child victim, except as ordered by the court.
8 (d) When a person is charged with a criminal offense and 
9the victim is a family or household member as defined in 
10Article 112A, conditions shall be imposed at the time of the 
11defendant's release that restrict the defendant's access to 
12the victim. Unless provided otherwise by the court, the 
13restrictions shall include requirements that the defendant do 
14the following:
15  (1) refrain from contact or communication with the 
16 victim for a minimum period of 72 hours following the 
17 defendant's release; and
18  (2) refrain from entering or remaining at the victim's 
19 residence for a minimum period of 72 hours following the 
20 defendant's release.
21 (e) Local law enforcement agencies shall develop 
22standardized pretrial release forms for use in cases involving 
23family or household members as defined in Article 112A, 
24including specific conditions of pretrial release as provided 
25in subsection (d). Failure of any law enforcement department 
26to develop or use those forms shall in no way limit the 
 
 
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1applicability and enforcement of subsections (d) and (f).
2 (f) If the defendant is released after conviction 
3following appeal or other post-conviction proceeding, the 
4conditions of the pretrial release shall be that he will, in 
5addition to the conditions set forth in subsections (a) and 
6(b) hereof:
7  (1) Duly prosecute his appeal;
8  (2) Appear at such time and place as the court may 
9 direct;
10  (3) Not depart this State without leave of the court;
11  (4) Comply with such other reasonable conditions as 
12 the court may impose; and
13  (5) If the judgment is affirmed or the cause reversed 
14 and remanded for a new trial, forthwith surrender to the 
15 officer from whose custody he was released.
16 (g) Upon a finding of guilty for any felony offense, the 
17defendant shall physically surrender, at a time and place 
18designated by the court, any and all firearms in his or her 
19possession and his or her Firearm Owner's Identification Card 
20as a condition of being released pending sentencing.
21(Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23; 
22102-1104, eff. 1-1-23.)

23 (725 ILCS 5/112A-5.5)
24 Sec. 112A-5.5. Time for filing petition; service on 
25respondent, hearing on petition, and default orders. 
 
 
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1 (a) A petition for a protective order may be filed at any 
2time, in person or online, after a criminal charge or 
3delinquency petition is filed and before the charge or 
4delinquency petition is dismissed, the defendant or juvenile 
5is acquitted, or the defendant or juvenile completes service 
6of his or her sentence.
7 (b) The request for an ex parte protective order may be 
8considered without notice to the respondent under Section 
9112A-17.5 of this Code.
10 (c) A summons shall be issued and served for a protective 
11order. The summons may be served by delivery to the respondent 
12personally in open court in the criminal or juvenile 
13delinquency proceeding, in the form prescribed by subsection 
14(d) of Supreme Court Rule 101, except that it shall require the 
15respondent to answer or appear within 7 days. Attachments to 
16the summons shall include the petition for protective order, 
17supporting affidavits, if any, and any ex parte protective 
18order that has been issued.
19 (d) The summons shall be served by the sheriff or other law 
20enforcement officer at the earliest time available and shall 
21take precedence over any other summons, except those of a 
22similar emergency nature. Attachments to the summons shall 
23include the petition for protective order, supporting 
24affidavits, if any, and any ex parte protective order that has 
25been issued. Special process servers may be appointed at any 
26time and their designation shall not affect the 
 
 
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1responsibilities and authority of the sheriff or other 
2official process servers. In a county with a population over 
33,000,000, a special process server may not be appointed if 
4the protective order grants the surrender of a child, the 
5surrender of a firearm or Firearm Owner's Identification Card, 
6or the exclusive possession of a shared residence.
7 (e) If the respondent is not served within 30 days of the 
8filing of the petition, the court shall schedule a court 
9proceeding on the issue of service. Either the petitioner, the 
10petitioner's counsel, or the State's Attorney shall appear and 
11the court shall either order continued attempts at personal 
12service or shall order service by publication, in accordance 
13with Sections 2-203, 2-206, and 2-207 of the Code of Civil 
14Procedure.
15 (f) The request for a final protective order can be 
16considered at any court proceeding in the delinquency or 
17criminal case after service of the petition. If the petitioner 
18has not been provided notice of the court proceeding at least 
1910 days in advance of the proceeding, the court shall schedule 
20a hearing on the petition and provide notice to the 
21petitioner.
22 (f-5) A court in a county with a population above 250,000 
23shall offer the option of a remote hearing to a petitioner for 
24a protective order. The court has the discretion to grant or 
25deny the request for a remote hearing. Each court shall 
26determine the procedure for a remote hearing. The petitioner 
 
 
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1and respondent may appear remotely or in person.
2 The court shall issue and publish a court order, standing 
3order, or local rule detailing information about the process 
4for requesting and participating in a remote court appearance. 
5The court order, standing order, or local rule shall be 
6published on the court's website and posted on signs 
7throughout the courthouse, including in the clerk's office. 
8The sign shall be written in plain language and include 
9information about the availability of remote court appearances 
10and the process for requesting a remote hearing. 
11 (g) Default orders.
12  (1) A final domestic violence order of protection may 
13 be entered by default:
14   (A) for any of the remedies sought in the 
15 petition, if the respondent has been served with 
16 documents under subsection (b) or (c) of this Section 
17 and if the respondent fails to appear on the specified 
18 return date or any subsequent hearing date agreed to 
19 by the petitioner and respondent or set by the court; 
20 or
21   (B) for any of the remedies provided under 
22 paragraph (1), (2), (3), (5), (6), (7), (8), (9), 
23 (10), (11), (14), (15), (17), or (18) of subsection 
24 (b) of Section 112A-14 of this Code, or if the 
25 respondent fails to answer or appear in accordance 
26 with the date set in the publication notice or the 
 
 
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1 return date indicated on the service of a household 
2 member.
3  (2) A final civil no contact order may be entered by 
4 default for any of the remedies provided in Section 
5 112A-14.5 of this Code, if the respondent has been served 
6 with documents under subsection (b) or (c) of this 
7 Section, and if the respondent fails to answer or appear 
8 in accordance with the date set in the publication notice 
9 or the return date indicated on the service of a household 
10 member.
11  (3) A final stalking no contact order may be entered 
12 by default for any of the remedies provided by Section 
13 112A-14.7 of this Code, if the respondent has been served 
14 with documents under subsection (b) or (c) of this Section 
15 and if the respondent fails to answer or appear in 
16 accordance with the date set in the publication notice or 
17 the return date indicated on the service of a household 
18 member. 
19(Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.)

20 (725 ILCS 5/112A-11.1)
21 Sec. 112A-11.1. Procedure for determining whether certain 
22misdemeanor crimes are crimes of domestic violence for 
23purposes of federal law.
24 (a) When a defendant has been charged with a violation of 
25Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the 
 
 
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1Criminal Code of 1961 or the Criminal Code of 2012, the State 
2may, at arraignment or no later than 45 days after 
3arraignment, for the purpose of notification to the Illinois 
4State Police Firearm Owner's Identification Card Office, serve 
5on the defendant and file with the court a notice alleging that 
6conviction of the offense would subject the defendant to the 
7prohibitions of 18 U.S.C. 922(g)(9) because of the 
8relationship between the defendant and the alleged victim and 
9the nature of the alleged offense.
10 (b) The notice shall include the name of the person 
11alleged to be the victim of the crime and shall specify the 
12nature of the alleged relationship as set forth in 18 U.S.C. 
13921(a)(33)(A)(ii). It shall also specify the element of the 
14charged offense which requires the use or attempted use of 
15physical force, or the threatened use of a deadly weapon, as 
16set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include 
17notice that the defendant is entitled to a hearing on the 
18allegation contained in the notice and that if the allegation 
19is sustained, that determination and conviction shall be 
20reported to the Illinois State Police Firearm Owner's 
21Identification Card Office.
22 (c) After having been notified as provided in subsection 
23(b) of this Section, the defendant may stipulate or admit, 
24orally on the record or in writing, that conviction of the 
25offense would subject the defendant to the prohibitions of 18 
26U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C. 
 
 
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1922(g)(9) shall be deemed established for purposes of Section 
2112A-11.2. If the defendant denies the applicability of 18 
3U.S.C. 922(g)(9) as alleged in the notice served by the State, 
4or stands mute with respect to that allegation, then the State 
5shall bear the burden to prove beyond a reasonable doubt that 
6the offense is one to which the prohibitions of 18 U.S.C. 
7922(g)(9) apply. The court may consider reliable hearsay 
8evidence submitted by either party provided that it is 
9relevant to the determination of the allegation. Facts 
10previously proven at trial or elicited at the time of entry of 
11a plea of guilty shall be deemed established beyond a 
12reasonable doubt and shall not be relitigated. At the 
13conclusion of the hearing, or upon a stipulation or admission, 
14as applicable, the court shall make a specific written 
15determination with respect to the allegation.
16(Source: P.A. 102-538, eff. 8-20-21.)

17 (725 ILCS 5/112A-11.2)
18 Sec. 112A-11.2. Notification to the Illinois State Police 
19Firearm Owner's Identification Card Office of determinations 
20in certain misdemeanor cases. Upon judgment of conviction of a 
21violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
2212-3.5 of the Criminal Code of 1961 or the Criminal Code of 
232012 when the defendant has been determined, under Section 
24112A-11.1, to be subject to the prohibitions of 18 U.S.C. 
25922(g)(9), the circuit court clerk shall include notification 
 
 
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1and a copy of the written determination in a report of the 
2conviction to the Illinois State Police Firearm Owner's 
3Identification Card Office to enable the office to report that 
4determination to the Federal Bureau of Investigation and 
5assist the Bureau in identifying persons prohibited from 
6purchasing and possessing a firearm pursuant to the provisions 
7of 18 U.S.C. 922.
8(Source: P.A. 102-538, eff. 8-20-21.)

9 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
10 Sec. 112A-14. Domestic violence order of protection; 
11remedies. 
12 (a) (Blank).
13 (b) The court may order any of the remedies listed in this 
14subsection (b). The remedies listed in this subsection (b) 
15shall be in addition to other civil or criminal remedies 
16available to petitioner.
17  (1) Prohibition of abuse. Prohibit respondent's 
18 harassment, interference with personal liberty, 
19 intimidation of a dependent, physical abuse, or willful 
20 deprivation, as defined in this Article, if such abuse has 
21 occurred or otherwise appears likely to occur if not 
22 prohibited.
23  (2) Grant of exclusive possession of residence. 
24 Prohibit respondent from entering or remaining in any 
25 residence, household, or premises of the petitioner, 
 
 
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1 including one owned or leased by respondent, if petitioner 
2 has a right to occupancy thereof. The grant of exclusive 
3 possession of the residence, household, or premises shall 
4 not affect title to real property, nor shall the court be 
5 limited by the standard set forth in subsection (c-2) of 
6 Section 501 of the Illinois Marriage and Dissolution of 
7 Marriage Act.
8   (A) Right to occupancy. A party has a right to 
9 occupancy of a residence or household if it is solely 
10 or jointly owned or leased by that party, that party's 
11 spouse, a person with a legal duty to support that 
12 party or a minor child in that party's care, or by any 
13 person or entity other than the opposing party that 
14 authorizes that party's occupancy (e.g., a domestic 
15 violence shelter). Standards set forth in subparagraph 
16 (B) shall not preclude equitable relief.
17   (B) Presumption of hardships. If petitioner and 
18 respondent each has the right to occupancy of a 
19 residence or household, the court shall balance (i) 
20 the hardships to respondent and any minor child or 
21 dependent adult in respondent's care resulting from 
22 entry of this remedy with (ii) the hardships to 
23 petitioner and any minor child or dependent adult in 
24 petitioner's care resulting from continued exposure to 
25 the risk of abuse (should petitioner remain at the 
26 residence or household) or from loss of possession of 
 
 
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1 the residence or household (should petitioner leave to 
2 avoid the risk of abuse). When determining the balance 
3 of hardships, the court shall also take into account 
4 the accessibility of the residence or household. 
5 Hardships need not be balanced if respondent does not 
6 have a right to occupancy.
7   The balance of hardships is presumed to favor 
8 possession by petitioner unless the presumption is 
9 rebutted by a preponderance of the evidence, showing 
10 that the hardships to respondent substantially 
11 outweigh the hardships to petitioner and any minor 
12 child or dependent adult in petitioner's care. The 
13 court, on the request of petitioner or on its own 
14 motion, may order respondent to provide suitable, 
15 accessible, alternate housing for petitioner instead 
16 of excluding respondent from a mutual residence or 
17 household.
18  (3) Stay away order and additional prohibitions. Order 
19 respondent to stay away from petitioner or any other 
20 person protected by the domestic violence order of 
21 protection, or prohibit respondent from entering or 
22 remaining present at petitioner's school, place of 
23 employment, or other specified places at times when 
24 petitioner is present, or both, if reasonable, given the 
25 balance of hardships. Hardships need not be balanced for 
26 the court to enter a stay away order or prohibit entry if 
 
 
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1 respondent has no right to enter the premises.
2   (A) If a domestic violence order of protection 
3 grants petitioner exclusive possession of the 
4 residence, prohibits respondent from entering the 
5 residence, or orders respondent to stay away from 
6 petitioner or other protected persons, then the court 
7 may allow respondent access to the residence to remove 
8 items of clothing and personal adornment used 
9 exclusively by respondent, medications, and other 
10 items as the court directs. The right to access shall 
11 be exercised on only one occasion as the court directs 
12 and in the presence of an agreed-upon adult third 
13 party or law enforcement officer.
14   (B) When the petitioner and the respondent attend 
15 the same public, private, or non-public elementary, 
16 middle, or high school, the court when issuing a 
17 domestic violence order of protection and providing 
18 relief shall consider the severity of the act, any 
19 continuing physical danger or emotional distress to 
20 the petitioner, the educational rights guaranteed to 
21 the petitioner and respondent under federal and State 
22 law, the availability of a transfer of the respondent 
23 to another school, a change of placement or a change of 
24 program of the respondent, the expense, difficulty, 
25 and educational disruption that would be caused by a 
26 transfer of the respondent to another school, and any 
 
 
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1 other relevant facts of the case. The court may order 
2 that the respondent not attend the public, private, or 
3 non-public elementary, middle, or high school attended 
4 by the petitioner, order that the respondent accept a 
5 change of placement or change of program, as 
6 determined by the school district or private or 
7 non-public school, or place restrictions on the 
8 respondent's movements within the school attended by 
9 the petitioner. The respondent bears the burden of 
10 proving by a preponderance of the evidence that a 
11 transfer, change of placement, or change of program of 
12 the respondent is not available. The respondent also 
13 bears the burden of production with respect to the 
14 expense, difficulty, and educational disruption that 
15 would be caused by a transfer of the respondent to 
16 another school. A transfer, change of placement, or 
17 change of program is not unavailable to the respondent 
18 solely on the ground that the respondent does not 
19 agree with the school district's or private or 
20 non-public school's transfer, change of placement, or 
21 change of program or solely on the ground that the 
22 respondent fails or refuses to consent or otherwise 
23 does not take an action required to effectuate a 
24 transfer, change of placement, or change of program. 
25 When a court orders a respondent to stay away from the 
26 public, private, or non-public school attended by the 
 
 
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1 petitioner and the respondent requests a transfer to 
2 another attendance center within the respondent's 
3 school district or private or non-public school, the 
4 school district or private or non-public school shall 
5 have sole discretion to determine the attendance 
6 center to which the respondent is transferred. If the 
7 court order results in a transfer of the minor 
8 respondent to another attendance center, a change in 
9 the respondent's placement, or a change of the 
10 respondent's program, the parents, guardian, or legal 
11 custodian of the respondent is responsible for 
12 transportation and other costs associated with the 
13 transfer or change.
14   (C) The court may order the parents, guardian, or 
15 legal custodian of a minor respondent to take certain 
16 actions or to refrain from taking certain actions to 
17 ensure that the respondent complies with the order. If 
18 the court orders a transfer of the respondent to 
19 another school, the parents, guardian, or legal 
20 custodian of the respondent is responsible for 
21 transportation and other costs associated with the 
22 change of school by the respondent. 
23  (4) Counseling. Require or recommend the respondent to 
24 undergo counseling for a specified duration with a social 
25 worker, psychologist, clinical psychologist, 
26 psychiatrist, family service agency, alcohol or substance 
 
 
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1 abuse program, mental health center guidance counselor, 
2 agency providing services to elders, program designed for 
3 domestic violence abusers, or any other guidance service 
4 the court deems appropriate. The court may order the 
5 respondent in any intimate partner relationship to report 
6 to an Illinois Department of Human Services protocol 
7 approved partner abuse intervention program for an 
8 assessment and to follow all recommended treatment. 
9  (5) Physical care and possession of the minor child. 
10 In order to protect the minor child from abuse, neglect, 
11 or unwarranted separation from the person who has been the 
12 minor child's primary caretaker, or to otherwise protect 
13 the well-being of the minor child, the court may do either 
14 or both of the following: (i) grant petitioner physical 
15 care or possession of the minor child, or both, or (ii) 
16 order respondent to return a minor child to, or not remove 
17 a minor child from, the physical care of a parent or person 
18 in loco parentis.
19  If the respondent is charged with abuse (as defined in 
20 Section 112A-3 of this Code) of a minor child, there shall 
21 be a rebuttable presumption that awarding physical care to 
22 respondent would not be in the minor child's best 
23 interest.
24  (6) Temporary allocation of parental responsibilities 
25 and significant decision-making responsibilities. Award 
26 temporary significant decision-making responsibility to 
 
 
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1 petitioner in accordance with this Section, the Illinois 
2 Marriage and Dissolution of Marriage Act, the Illinois 
3 Parentage Act of 2015, and this State's Uniform 
4 Child-Custody Jurisdiction and Enforcement Act. 
5  If the respondent is charged with abuse (as defined in 
6 Section 112A-3 of this Code) of a minor child, there shall 
7 be a rebuttable presumption that awarding temporary 
8 significant decision-making responsibility to respondent 
9 would not be in the child's best interest.
10  (7) Parenting time. Determine the parenting time, if 
11 any, of respondent in any case in which the court awards 
12 physical care or temporary significant decision-making 
13 responsibility of a minor child to petitioner. The court 
14 shall restrict or deny respondent's parenting time with a 
15 minor child if the court finds that respondent has done or 
16 is likely to do any of the following:
17   (i) abuse or endanger the minor child during 
18 parenting time;
19   (ii) use the parenting time as an opportunity to 
20 abuse or harass petitioner or petitioner's family or 
21 household members;
22   (iii) improperly conceal or detain the minor 
23 child; or
24   (iv) otherwise act in a manner that is not in the 
25 best interests of the minor child. 
26  The court shall not be limited by the standards set 
 
 
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1 forth in Section 603.10 of the Illinois Marriage and 
2 Dissolution of Marriage Act. If the court grants parenting 
3 time, the order shall specify dates and times for the 
4 parenting time to take place or other specific parameters 
5 or conditions that are appropriate. No order for parenting 
6 time shall refer merely to the term "reasonable parenting 
7 time". Petitioner may deny respondent access to the minor 
8 child if, when respondent arrives for parenting time, 
9 respondent is under the influence of drugs or alcohol and 
10 constitutes a threat to the safety and well-being of 
11 petitioner or petitioner's minor children or is behaving 
12 in a violent or abusive manner. If necessary to protect 
13 any member of petitioner's family or household from future 
14 abuse, respondent shall be prohibited from coming to 
15 petitioner's residence to meet the minor child for 
16 parenting time, and the petitioner and respondent shall 
17 submit to the court their recommendations for reasonable 
18 alternative arrangements for parenting time. A person may 
19 be approved to supervise parenting time only after filing 
20 an affidavit accepting that responsibility and 
21 acknowledging accountability to the court.
22  (8) Removal or concealment of minor child. Prohibit 
23 respondent from removing a minor child from the State or 
24 concealing the child within the State.
25  (9) Order to appear. Order the respondent to appear in 
26 court, alone or with a minor child, to prevent abuse, 
 
 
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1 neglect, removal or concealment of the child, to return 
2 the child to the custody or care of the petitioner, or to 
3 permit any court-ordered interview or examination of the 
4 child or the respondent.
5  (10) Possession of personal property. Grant petitioner 
6 exclusive possession of personal property and, if 
7 respondent has possession or control, direct respondent to 
8 promptly make it available to petitioner, if:
9   (i) petitioner, but not respondent, owns the 
10 property; or
11   (ii) the petitioner and respondent own the 
12 property jointly; sharing it would risk abuse of 
13 petitioner by respondent or is impracticable; and the 
14 balance of hardships favors temporary possession by 
15 petitioner.
16  If petitioner's sole claim to ownership of the 
17 property is that it is marital property, the court may 
18 award petitioner temporary possession thereof under the 
19 standards of subparagraph (ii) of this paragraph only if a 
20 proper proceeding has been filed under the Illinois 
21 Marriage and Dissolution of Marriage Act, as now or 
22 hereafter amended.
23  No order under this provision shall affect title to 
24 property.
25  (11) Protection of property. Forbid the respondent 
26 from taking, transferring, encumbering, concealing, 
 
 
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1 damaging, or otherwise disposing of any real or personal 
2 property, except as explicitly authorized by the court, 
3 if:
4   (i) petitioner, but not respondent, owns the 
5 property; or
6   (ii) the petitioner and respondent own the 
7 property jointly, and the balance of hardships favors 
8 granting this remedy.
9  If petitioner's sole claim to ownership of the 
10 property is that it is marital property, the court may 
11 grant petitioner relief under subparagraph (ii) of this 
12 paragraph only if a proper proceeding has been filed under 
13 the Illinois Marriage and Dissolution of Marriage Act, as 
14 now or hereafter amended.
15  The court may further prohibit respondent from 
16 improperly using the financial or other resources of an 
17 aged member of the family or household for the profit or 
18 advantage of respondent or of any other person.
19  (11.5) Protection of animals. Grant the petitioner the 
20 exclusive care, custody, or control of any animal owned, 
21 possessed, leased, kept, or held by either the petitioner 
22 or the respondent or a minor child residing in the 
23 residence or household of either the petitioner or the 
24 respondent and order the respondent to stay away from the 
25 animal and forbid the respondent from taking, 
26 transferring, encumbering, concealing, harming, or 
 
 
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1 otherwise disposing of the animal. 
2  (12) Order for payment of support. Order respondent to 
3 pay temporary support for the petitioner or any child in 
4 the petitioner's care or over whom the petitioner has been 
5 allocated parental responsibility, when the respondent has 
6 a legal obligation to support that person, in accordance 
7 with the Illinois Marriage and Dissolution of Marriage 
8 Act, which shall govern, among other matters, the amount 
9 of support, payment through the clerk and withholding of 
10 income to secure payment. An order for child support may 
11 be granted to a petitioner with lawful physical care of a 
12 child, or an order or agreement for physical care of a 
13 child, prior to entry of an order allocating significant 
14 decision-making responsibility. Such a support order shall 
15 expire upon entry of a valid order allocating parental 
16 responsibility differently and vacating petitioner's 
17 significant decision-making responsibility unless 
18 otherwise provided in the order.
19  (13) Order for payment of losses. Order respondent to 
20 pay petitioner for losses suffered as a direct result of 
21 the abuse. Such losses shall include, but not be limited 
22 to, medical expenses, lost earnings or other support, 
23 repair or replacement of property damaged or taken, 
24 reasonable attorney's fees, court costs, and moving or 
25 other travel expenses, including additional reasonable 
26 expenses for temporary shelter and restaurant meals.
 
 
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1   (i) Losses affecting family needs. If a party is 
2 entitled to seek maintenance, child support, or 
3 property distribution from the other party under the 
4 Illinois Marriage and Dissolution of Marriage Act, as 
5 now or hereafter amended, the court may order 
6 respondent to reimburse petitioner's actual losses, to 
7 the extent that such reimbursement would be 
8 "appropriate temporary relief", as authorized by 
9 subsection (a)(3) of Section 501 of that Act.
10   (ii) Recovery of expenses. In the case of an 
11 improper concealment or removal of a minor child, the 
12 court may order respondent to pay the reasonable 
13 expenses incurred or to be incurred in the search for 
14 and recovery of the minor child, including, but not 
15 limited to, legal fees, court costs, private 
16 investigator fees, and travel costs.
17  (14) Prohibition of entry. Prohibit the respondent 
18 from entering or remaining in the residence or household 
19 while the respondent is under the influence of alcohol or 
20 drugs and constitutes a threat to the safety and 
21 well-being of the petitioner or the petitioner's children.
22  (14.5) Prohibition of firearm possession. 
23   (A) A person who is subject to an existing 
24 domestic violence order of protection issued under 
25 this Code may not lawfully possess firearms, stun 
26 guns, or tasers weapons or a Firearm Owner's 
 
 
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1 Identification Card under Section 8.2 of the Firearm 
2 Owners Identification Card Act.
3   (B) Any firearms in the possession of the 
4 respondent, except as provided in subparagraph (C) of 
5 this paragraph (14.5), shall be ordered by the court 
6 to be turned over to a person who is not prohibited 
7 under State or federal law from possessing firearms 
8 with a valid Firearm Owner's Identification Card for 
9 safekeeping. The court shall issue an order that the 
10 respondent comply with Section 9.5 of the Firearm 
11 Owners Identification Card Act. 
12   (C) If the respondent is a peace officer as 
13 defined in Section 2-13 of the Criminal Code of 2012, 
14 the court shall order that any firearms used by the 
15 respondent in the performance of his or her duties as a 
16 peace officer be surrendered to the chief law 
17 enforcement executive of the agency in which the 
18 respondent is employed, who shall retain the firearms 
19 for safekeeping for the duration of the domestic 
20 violence order of protection.
21   (D) Upon expiration of the period of safekeeping, 
22 if the firearms or Firearm Owner's Identification Card 
23 cannot be returned to respondent because respondent 
24 cannot be located, fails to respond to requests to 
25 retrieve the firearms, or is not lawfully eligible to 
26 possess a firearm, upon petition from the local law 
 
 
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1 enforcement agency, the court may order the local law 
2 enforcement agency to destroy the firearms, use the 
3 firearms for training purposes, or for any other 
4 application as deemed appropriate by the local law 
5 enforcement agency; or that the firearms be turned 
6 over to a third party who is lawfully eligible to 
7 possess firearms, and who does not reside with 
8 respondent. 
9  (15) Prohibition of access to records. If a domestic 
10 violence order of protection prohibits respondent from 
11 having contact with the minor child, or if petitioner's 
12 address is omitted under subsection (b) of Section 112A-5 
13 of this Code, or if necessary to prevent abuse or wrongful 
14 removal or concealment of a minor child, the order shall 
15 deny respondent access to, and prohibit respondent from 
16 inspecting, obtaining, or attempting to inspect or obtain, 
17 school or any other records of the minor child who is in 
18 the care of petitioner.
19  (16) Order for payment of shelter services. Order 
20 respondent to reimburse a shelter providing temporary 
21 housing and counseling services to the petitioner for the 
22 cost of the services, as certified by the shelter and 
23 deemed reasonable by the court.
24  (17) Order for injunctive relief. Enter injunctive 
25 relief necessary or appropriate to prevent further abuse 
26 of a family or household member or to effectuate one of the 
 
 
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1 granted remedies, if supported by the balance of 
2 hardships. If the harm to be prevented by the injunction 
3 is abuse or any other harm that one of the remedies listed 
4 in paragraphs (1) through (16) of this subsection is 
5 designed to prevent, no further evidence is necessary to 
6 establish that the harm is an irreparable injury.
7  (18) Telephone services.
8   (A) Unless a condition described in subparagraph 
9 (B) of this paragraph exists, the court may, upon 
10 request by the petitioner, order a wireless telephone 
11 service provider to transfer to the petitioner the 
12 right to continue to use a telephone number or numbers 
13 indicated by the petitioner and the financial 
14 responsibility associated with the number or numbers, 
15 as set forth in subparagraph (C) of this paragraph. In 
16 this paragraph (18), the term "wireless telephone 
17 service provider" means a provider of commercial 
18 mobile service as defined in 47 U.S.C. 332. The 
19 petitioner may request the transfer of each telephone 
20 number that the petitioner, or a minor child in his or 
21 her custody, uses. The clerk of the court shall serve 
22 the order on the wireless telephone service provider's 
23 agent for service of process provided to the Illinois 
24 Commerce Commission. The order shall contain all of 
25 the following: 
26    (i) The name and billing telephone number of 
 
 
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1 the account holder including the name of the 
2 wireless telephone service provider that serves 
3 the account.
4    (ii) Each telephone number that will be 
5 transferred.
6    (iii) A statement that the provider transfers 
7 to the petitioner all financial responsibility for 
8 and right to the use of any telephone number 
9 transferred under this paragraph.
10   (B) A wireless telephone service provider shall 
11 terminate the respondent's use of, and shall transfer 
12 to the petitioner use of, the telephone number or 
13 numbers indicated in subparagraph (A) of this 
14 paragraph unless it notifies the petitioner, within 72 
15 hours after it receives the order, that one of the 
16 following applies:
17    (i) The account holder named in the order has 
18 terminated the account.
19    (ii) A difference in network technology would 
20 prevent or impair the functionality of a device on 
21 a network if the transfer occurs.
22    (iii) The transfer would cause a geographic or 
23 other limitation on network or service provision 
24 to the petitioner.
25    (iv) Another technological or operational 
26 issue would prevent or impair the use of the 
 
 
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1 telephone number if the transfer occurs.
2   (C) The petitioner assumes all financial 
3 responsibility for and right to the use of any 
4 telephone number transferred under this paragraph. In 
5 this paragraph, "financial responsibility" includes 
6 monthly service costs and costs associated with any 
7 mobile device associated with the number.
8   (D) A wireless telephone service provider may 
9 apply to the petitioner its routine and customary 
10 requirements for establishing an account or 
11 transferring a number, including requiring the 
12 petitioner to provide proof of identification, 
13 financial information, and customer preferences.
14   (E) Except for willful or wanton misconduct, a 
15 wireless telephone service provider is immune from 
16 civil liability for its actions taken in compliance 
17 with a court order issued under this paragraph.
18   (F) All wireless service providers that provide 
19 services to residential customers shall provide to the 
20 Illinois Commerce Commission the name and address of 
21 an agent for service of orders entered under this 
22 paragraph (18). Any change in status of the registered 
23 agent must be reported to the Illinois Commerce 
24 Commission within 30 days of such change. 
25   (G) The Illinois Commerce Commission shall 
26 maintain the list of registered agents for service for 
 
 
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1 each wireless telephone service provider on the 
2 Commission's website. The Commission may consult with 
3 wireless telephone service providers and the Circuit 
4 Court Clerks on the manner in which this information 
5 is provided and displayed. 
6 (c) Relevant factors; findings.
7  (1) In determining whether to grant a specific remedy, 
8 other than payment of support, the court shall consider 
9 relevant factors, including, but not limited to, the 
10 following:
11   (i) the nature, frequency, severity, pattern, and 
12 consequences of the respondent's past abuse of the 
13 petitioner or any family or household member, 
14 including the concealment of his or her location in 
15 order to evade service of process or notice, and the 
16 likelihood of danger of future abuse to petitioner or 
17 any member of petitioner's or respondent's family or 
18 household; and
19   (ii) the danger that any minor child will be 
20 abused or neglected or improperly relocated from the 
21 jurisdiction, improperly concealed within the State, 
22 or improperly separated from the child's primary 
23 caretaker.
24  (2) In comparing relative hardships resulting to the 
25 parties from loss of possession of the family home, the 
26 court shall consider relevant factors, including, but not 
 
 
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1 limited to, the following:
2   (i) availability, accessibility, cost, safety, 
3 adequacy, location, and other characteristics of 
4 alternate housing for each party and any minor child 
5 or dependent adult in the party's care;
6   (ii) the effect on the party's employment; and
7   (iii) the effect on the relationship of the party, 
8 and any minor child or dependent adult in the party's 
9 care, to family, school, church, and community.
10  (3) Subject to the exceptions set forth in paragraph 
11 (4) of this subsection (c), the court shall make its 
12 findings in an official record or in writing, and shall at 
13 a minimum set forth the following:
14   (i) That the court has considered the applicable 
15 relevant factors described in paragraphs (1) and (2) 
16 of this subsection (c).
17   (ii) Whether the conduct or actions of respondent, 
18 unless prohibited, will likely cause irreparable harm 
19 or continued abuse.
20   (iii) Whether it is necessary to grant the 
21 requested relief in order to protect petitioner or 
22 other alleged abused persons.
23  (4) (Blank).
24  (5) Never married parties. No rights or 
25 responsibilities for a minor child born outside of 
26 marriage attach to a putative father until a father and 
 
 
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1 child relationship has been established under the Illinois 
2 Parentage Act of 1984, the Illinois Parentage Act of 2015, 
3 the Illinois Public Aid Code, Section 12 of the Vital 
4 Records Act, the Juvenile Court Act of 1987, the Probate 
5 Act of 1975, the Uniform Interstate Family Support Act, 
6 the Expedited Child Support Act of 1990, any judicial, 
7 administrative, or other act of another state or 
8 territory, any other statute of this State, or by any 
9 foreign nation establishing the father and child 
10 relationship, any other proceeding substantially in 
11 conformity with the federal Personal Responsibility and 
12 Work Opportunity Reconciliation Act of 1996, or when both 
13 parties appeared in open court or at an administrative 
14 hearing acknowledging under oath or admitting by 
15 affirmation the existence of a father and child 
16 relationship. Absent such an adjudication, no putative 
17 father shall be granted temporary allocation of parental 
18 responsibilities, including parenting time with the minor 
19 child, or physical care and possession of the minor child, 
20 nor shall an order of payment for support of the minor 
21 child be entered.
22 (d) Balance of hardships; findings. If the court finds 
23that the balance of hardships does not support the granting of 
24a remedy governed by paragraph (2), (3), (10), (11), or (16) of 
25subsection (b) of this Section, which may require such 
26balancing, the court's findings shall so indicate and shall 
 
 
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1include a finding as to whether granting the remedy will 
2result in hardship to respondent that would substantially 
3outweigh the hardship to petitioner from denial of the remedy. 
4The findings shall be an official record or in writing.
5 (e) Denial of remedies. Denial of any remedy shall not be 
6based, in whole or in part, on evidence that:
7  (1) respondent has cause for any use of force, unless 
8 that cause satisfies the standards for justifiable use of 
9 force provided by Article 7 of the Criminal Code of 2012;
10  (2) respondent was voluntarily intoxicated;
11  (3) petitioner acted in self-defense or defense of 
12 another, provided that, if petitioner utilized force, such 
13 force was justifiable under Article 7 of the Criminal Code 
14 of 2012; 
15  (4) petitioner did not act in self-defense or defense 
16 of another;
17  (5) petitioner left the residence or household to 
18 avoid further abuse by respondent;
19  (6) petitioner did not leave the residence or 
20 household to avoid further abuse by respondent; or 
21  (7) conduct by any family or household member excused 
22 the abuse by respondent, unless that same conduct would 
23 have excused such abuse if the parties had not been family 
24 or household members.
25(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
26102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

 
 
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1 (725 ILCS 5/112A-14.7)
2 Sec. 112A-14.7. Stalking no contact order; remedies.
3 (a) The court may order any of the remedies listed in this 
4Section. The remedies listed in this Section shall be in 
5addition to other civil or criminal remedies available to 
6petitioner. A stalking no contact order shall order one or 
7more of the following:
8  (1) prohibit the respondent from threatening to commit 
9 or committing stalking;
10  (2) order the respondent not to have any contact with 
11 the petitioner or a third person specifically named by the 
12 court;
13  (3) prohibit the respondent from knowingly coming 
14 within, or knowingly remaining within a specified distance 
15 of the petitioner or the petitioner's residence, school, 
16 daycare, or place of employment, or any specified place 
17 frequented by the petitioner; however, the court may order 
18 the respondent to stay away from the respondent's own 
19 residence, school, or place of employment only if the 
20 respondent has been provided actual notice of the 
21 opportunity to appear and be heard on the petition;
22  (4) prohibit the respondent from possessing a Firearm 
23 Owners Identification Card, or possessing or buying 
24 firearms; and
25  (5) order other injunctive relief the court determines 
 
 
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1 to be necessary to protect the petitioner or third party 
2 specifically named by the court.
3 (b) When the petitioner and the respondent attend the same 
4public, private, or non-public elementary, middle, or high 
5school, the court when issuing a stalking no contact order and 
6providing relief shall consider the severity of the act, any 
7continuing physical danger or emotional distress to the 
8petitioner, the educational rights guaranteed to the 
9petitioner and respondent under federal and State law, the 
10availability of a transfer of the respondent to another 
11school, a change of placement or a change of program of the 
12respondent, the expense, difficulty, and educational 
13disruption that would be caused by a transfer of the 
14respondent to another school, and any other relevant facts of 
15the case. The court may order that the respondent not attend 
16the public, private, or non-public elementary, middle, or high 
17school attended by the petitioner, order that the respondent 
18accept a change of placement or program, as determined by the 
19school district or private or non-public school, or place 
20restrictions on the respondent's movements within the school 
21attended by the petitioner. The respondent bears the burden of 
22proving by a preponderance of the evidence that a transfer, 
23change of placement, or change of program of the respondent is 
24not available. The respondent also bears the burden of 
25production with respect to the expense, difficulty, and 
26educational disruption that would be caused by a transfer of 
 
 
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1the respondent to another school. A transfer, change of 
2placement, or change of program is not unavailable to the 
3respondent solely on the ground that the respondent does not 
4agree with the school district's or private or non-public 
5school's transfer, change of placement, or change of program 
6or solely on the ground that the respondent fails or refuses to 
7consent to or otherwise does not take an action required to 
8effectuate a transfer, change of placement, or change of 
9program. When a court orders a respondent to stay away from the 
10public, private, or non-public school attended by the 
11petitioner and the respondent requests a transfer to another 
12attendance center within the respondent's school district or 
13private or non-public school, the school district or private 
14or non-public school shall have sole discretion to determine 
15the attendance center to which the respondent is transferred. 
16If the court order results in a transfer of the minor 
17respondent to another attendance center, a change in the 
18respondent's placement, or a change of the respondent's 
19program, the parents, guardian, or legal custodian of the 
20respondent is responsible for transportation and other costs 
21associated with the transfer or change.
22 (c) The court may order the parents, guardian, or legal 
23custodian of a minor respondent to take certain actions or to 
24refrain from taking certain actions to ensure that the 
25respondent complies with the order. If the court orders a 
26transfer of the respondent to another school, the parents, 
 
 
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1guardian, or legal custodian of the respondent are responsible 
2for transportation and other costs associated with the change 
3of school by the respondent.
4 (d) The court shall not hold a school district or private 
5or non-public school or any of its employees in civil or 
6criminal contempt unless the school district or private or 
7non-public school has been allowed to intervene.
8 (e) The court may hold the parents, guardian, or legal 
9custodian of a minor respondent in civil or criminal contempt 
10for a violation of any provision of any order entered under 
11this Article for conduct of the minor respondent in violation 
12of this Article if the parents, guardian, or legal custodian 
13directed, encouraged, or assisted the respondent minor in the 
14conduct.
15 (f) Monetary damages are not recoverable as a remedy.
16 (g) If the stalking no contact order prohibits the 
17respondent from possessing a Firearm Owner's Identification 
18Card, or possessing or buying firearms; the court shall 
19confiscate the respondent's firearms and firearm ammunition 
20Firearm Owner's Identification Card and immediately return the 
21card to the Illinois State Police Firearm Owner's 
22Identification Card Office.
23(Source: P.A. 102-538, eff. 8-20-21.)

24 (725 ILCS 5/112A-17.5)
25 Sec. 112A-17.5. Ex parte protective orders.
 
 
HB5199- 359 -LRB103 38448 RLC 68584 b


1 (a) The petitioner may request expedited consideration of 
2the petition for an ex parte protective order. The court shall 
3consider the request on an expedited basis without requiring 
4the respondent's presence or requiring notice to the 
5respondent.
6 (b) Issuance of ex parte protective orders in cases 
7involving domestic violence. An ex parte domestic violence 
8order of protection shall be issued if petitioner satisfies 
9the requirements of this subsection (b) for one or more of the 
10requested remedies. For each remedy requested, petitioner 
11shall establish that:
12  (1) the court has jurisdiction under Section 112A-9 of 
13 this Code;
14  (2) the requirements of subsection (a) of Section 
15 112A-11.5 of this Code are satisfied; and
16  (3) there is good cause to grant the remedy, 
17 regardless of prior service of process or notice upon the 
18 respondent, because:
19   (A) for the remedy of prohibition of abuse 
20 described in paragraph (1) of subsection (b) of 
21 Section 112A-14 of this Code; stay away order and 
22 additional prohibitions described in paragraph (3) of 
23 subsection (b) of Section 112A-14 of this Code; 
24 removal or concealment of minor child described in 
25 paragraph (8) of subsection (b) of Section 112A-14 of 
26 this Code; order to appear described in paragraph (9) 
 
 
HB5199- 360 -LRB103 38448 RLC 68584 b


1 of subsection (b) of Section 112A-14 of this Code; 
2 physical care and possession of the minor child 
3 described in paragraph (5) of subsection (b) of 
4 Section 112A-14 of this Code; protection of property 
5 described in paragraph (11) of subsection (b) of 
6 Section 112A-14 of this Code; prohibition of entry 
7 described in paragraph (14) of subsection (b) of 
8 Section 112A-14 of this Code; prohibition of firearm 
9 possession described in paragraph (14.5) of subsection 
10 (b) of Section 112A-14 of this Code; prohibition of 
11 access to records described in paragraph (15) of 
12 subsection (b) of Section 112A-14 of this Code; 
13 injunctive relief described in paragraph (16) of 
14 subsection (b) of Section 112A-14 of this Code; and 
15 telephone services described in paragraph (18) of 
16 subsection (b) of Section 112A-14 of this Code, the 
17 harm which that remedy is intended to prevent would be 
18 likely to occur if the respondent were given any prior 
19 notice, or greater notice than was actually given, of 
20 the petitioner's efforts to obtain judicial relief;
21   (B) for the remedy of grant of exclusive 
22 possession of residence described in paragraph (2) of 
23 subsection (b) of Section 112A-14 of this Code; the 
24 immediate danger of further abuse of the petitioner by 
25 the respondent, if the petitioner chooses or had 
26 chosen to remain in the residence or household while 
 
 
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1 the respondent was given any prior notice or greater 
2 notice than was actually given of the petitioner's 
3 efforts to obtain judicial relief outweighs the 
4 hardships to the respondent of an emergency order 
5 granting the petitioner exclusive possession of the 
6 residence or household; and the remedy shall not be 
7 denied because the petitioner has or could obtain 
8 temporary shelter elsewhere while prior notice is 
9 given to the respondent, unless the hardship to the 
10 respondent from exclusion from the home substantially 
11 outweigh the hardship to the petitioner; or
12   (C) for the remedy of possession of personal 
13 property described in paragraph (10) of subsection (b) 
14 of Section 112A-14 of this Code; improper disposition 
15 of the personal property would be likely to occur if 
16 the respondent were given any prior notice, or greater 
17 notice than was actually given, of the petitioner's 
18 efforts to obtain judicial relief or the petitioner 
19 has an immediate and pressing need for the possession 
20 of that property.
21 An ex parte domestic violence order of protection may not 
22include the counseling, custody, or payment of support or 
23monetary compensation remedies provided by paragraphs (4), 
24(12), (13), and (16) of subsection (b) of Section 112A-14 of 
25this Code.
26 (c) Issuance of ex parte civil no contact order in cases 
 
 
HB5199- 362 -LRB103 38448 RLC 68584 b


1involving sexual offenses. An ex parte civil no contact order 
2shall be issued if the petitioner establishes that:
3  (1) the court has jurisdiction under Section 112A-9 of 
4 this Code;
5  (2) the requirements of subsection (a) of Section 
6 112A-11.5 of this Code are satisfied; and
7  (3) there is good cause to grant the remedy, 
8 regardless of prior service of process or of notice upon 
9 the respondent, because the harm which that remedy is 
10 intended to prevent would be likely to occur if the 
11 respondent were given any prior notice, or greater notice 
12 than was actually given, of the petitioner's efforts to 
13 obtain judicial relief.
14 The court may order any of the remedies under Section 
15112A-14.5 of this Code.
16 (d) Issuance of ex parte stalking no contact order in 
17cases involving stalking offenses. An ex parte stalking no 
18contact order shall be issued if the petitioner establishes 
19that:
20  (1) the court has jurisdiction under Section 112A-9 of 
21 this Code;
22  (2) the requirements of subsection (a) of Section 
23 112A-11.5 of this Code are satisfied; and
24  (3) there is good cause to grant the remedy, 
25 regardless of prior service of process or of notice upon 
26 the respondent, because the harm which that remedy is 
 
 
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1 intended to prevent would be likely to occur if the 
2 respondent were given any prior notice, or greater notice 
3 than was actually given, of the petitioner's efforts to 
4 obtain judicial relief.
5 The court may order any of the remedies under Section 
6112A-14.7 of this Code.
7 (e) Issuance of ex parte protective orders on court 
8holidays and evenings.
9 When the court is unavailable at the close of business, 
10the petitioner may file a petition for an ex parte protective 
11order before any available circuit judge or associate judge 
12who may grant relief under this Article. If the judge finds 
13that petitioner has satisfied the prerequisites in subsection 
14(b), (c), or (d) of this Section, the judge shall issue an ex 
15parte protective order.
16 The chief judge of the circuit court may designate for 
17each county in the circuit at least one judge to be reasonably 
18available to issue orally, by telephone, by facsimile, or 
19otherwise, an ex parte protective order at all times, whether 
20or not the court is in session.
21 The judge who issued the order under this Section shall 
22promptly communicate or convey the order to the sheriff to 
23facilitate the entry of the order into the Law Enforcement 
24Agencies Data System by the Illinois State Police under 
25Section 112A-28 of this Code. Any order issued under this 
26Section and any documentation in support of it shall be 
 
 
HB5199- 364 -LRB103 38448 RLC 68584 b


1certified on the next court day to the appropriate court. The 
2clerk of that court shall immediately assign a case number, 
3file the petition, order, and other documents with the court 
4and enter the order of record and file it with the sheriff for 
5service under subsection (f) of this Section. Failure to 
6comply with the requirements of this subsection (e) shall not 
7affect the validity of the order.
8 (f) Service of ex parte protective order on respondent.
9  (1) If an ex parte protective order is entered at the 
10 time a summons or arrest warrant is issued for the 
11 criminal charge, the petition for the protective order, 
12 any supporting affidavits, if any, and the ex parte 
13 protective order that has been issued shall be served with 
14 the summons or arrest warrant. The enforcement of a 
15 protective order under Section 112A-23 of this Code shall 
16 not be affected by the lack of service or delivery, 
17 provided the requirements of subsection (a) of Section 
18 112A-23 of this Code are otherwise met.
19  (2) If an ex parte protective order is entered after a 
20 summons or arrest warrant is issued and before the 
21 respondent makes an initial appearance in the criminal 
22 case, the summons shall be in the form prescribed by 
23 subsection (d) of Supreme Court Rule 101, except that it 
24 shall require respondent to answer or appear within 7 days 
25 and shall be accompanied by the petition for the 
26 protective order, any supporting affidavits, if any, and 
 
 
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1 the ex parte protective order that has been issued.
2  (3) If an ex parte protective order is entered after 
3 the respondent has been served notice of a petition for a 
4 final protective order and the respondent has requested a 
5 continuance to respond to the petition, the ex parte 
6 protective order shall be served: (A) in open court if the 
7 respondent is present at the proceeding at which the order 
8 was entered; or (B) by summons in the form prescribed by 
9 subsection (d) of Supreme Court Rule 101.
10  (4) No fee shall be charged for service of summons.
11  (5) The summons shall be served by the sheriff or 
12 other law enforcement officer at the earliest time and 
13 shall take precedence over other summonses except those of 
14 a similar emergency nature. Special process servers may be 
15 appointed at any time, and their designation shall not 
16 affect the responsibilities and authority of the sheriff 
17 or other official process servers. In a county with a 
18 population over 3,000,000, a special process server may 
19 not be appointed if an ex parte protective order grants 
20 the surrender of a child, the surrender of a firearm or 
21 Firearm Owner's Identification Card, or the exclusive 
22 possession of a shared residence. Process may be served in 
23 court.
24 (g) Upon 7 days' notice to the petitioner, or a shorter 
25notice period as the court may prescribe, a respondent subject 
26to an ex parte protective order may appear and petition the 
 
 
HB5199- 366 -LRB103 38448 RLC 68584 b


1court to re-hear the petition. Any petition to re-hear shall 
2be verified and shall allege the following:
3  (1) that respondent did not receive prior notice of 
4 the initial hearing in which the ex parte protective order 
5 was entered under Section 112A-17.5 of this Code; and
6  (2) that respondent had a meritorious defense to the 
7 order or any of its remedies or that the order or any of 
8 its remedies was not authorized under this Article.
9 The verified petition and affidavit shall set forth the 
10evidence of the meritorious defense that will be presented at 
11a hearing. If the court finds that the evidence presented at 
12the hearing on the petition establishes a meritorious defense 
13by a preponderance of the evidence, the court may decide to 
14vacate the protective order or modify the remedies.
15 (h) If the ex parte protective order granted petitioner 
16exclusive possession of the residence and the petition of 
17respondent seeks to re-open or vacate that grant, the court 
18shall set a date for hearing within 14 days on all issues 
19relating to exclusive possession. Under no circumstances shall 
20a court continue a hearing concerning exclusive possession 
21beyond the 14th day except by agreement of the petitioner and 
22the respondent. Other issues raised by the pleadings may be 
23consolidated for the hearing if the petitioner, the 
24respondent, and the court do not object.
25 (i) Duration of ex parte protective order. An ex parte 
26order shall remain in effect until the court considers the 
 
 
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1request for a final protective order after notice has been 
2served on the respondent or a default final protective order 
3is entered, whichever occurs first. If a court date is 
4scheduled for the issuance of a default protective order and 
5the petitioner fails to personally appear or appear through 
6counsel or the prosecuting attorney, the petition shall be 
7dismissed and the ex parte order terminated.
8(Source: P.A. 102-538, eff. 8-20-21.)

9 Section 175. The Unified Code of Corrections is amended by 
10changing Sections 3-2-10.5, 5-5-3, 5-5-3.2, and 5-6-3 as 
11follows:

12 (730 ILCS 5/3-2-10.5)
13 Sec. 3-2-10.5. Retiring security employees and parole 
14agents; purchase of service firearm and badge. The Director 
15shall establish a program to allow a security employee or 
16parole agent of the Department who is honorably retiring in 
17good standing to purchase either one or both of the following: 
18(1) any badge previously issued to the security employee or 
19parole agent by the Department; or (2) if the security 
20employee or parole agent has a currently valid Firearm Owner's 
21Identification Card, the service firearm issued or previously 
22issued to the security employee or parole agent by the 
23Department. The badge must be permanently and conspicuously 
24marked in such a manner that the individual who possesses the 
 
 
HB5199- 368 -LRB103 38448 RLC 68584 b


1badge is not mistaken for an actively serving law enforcement 
2officer. The cost of the firearm shall be the replacement 
3value of the firearm and not the firearm's fair market value.
4(Source: P.A. 102-719, eff. 5-6-22.)

5 (730 ILCS 5/5-5-3)
6 Sec. 5-5-3. Disposition. 
7 (a) (Blank).
8 (b) (Blank). 
9 (c)(1) (Blank).
10 (2) A period of probation, a term of periodic imprisonment 
11or conditional discharge shall not be imposed for the 
12following offenses. The court shall sentence the offender to 
13not less than the minimum term of imprisonment set forth in 
14this Code for the following offenses, and may order a fine or 
15restitution or both in conjunction with such term of 
16imprisonment:
17  (A) First degree murder.
18  (B) Attempted first degree murder.
19  (C) A Class X felony.
20  (D) A violation of Section 401.1 or 407 of the 
21 Illinois Controlled Substances Act, or a violation of 
22 subdivision (c)(1.5) of Section 401 of that Act which 
23 relates to more than 5 grams of a substance containing 
24 fentanyl or an analog thereof.
25  (D-5) A violation of subdivision (c)(1) of Section 401 
 
 
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1 of the Illinois Controlled Substances Act which relates to 
2 3 or more grams of a substance containing heroin or an 
3 analog thereof. 
4  (E) (Blank).
5  (F) A Class 1 or greater felony if the offender had 
6 been convicted of a Class 1 or greater felony, including 
7 any state or federal conviction for an offense that 
8 contained, at the time it was committed, the same elements 
9 as an offense now (the date of the offense committed after 
10 the prior Class 1 or greater felony) classified as a Class 
11 1 or greater felony, within 10 years of the date on which 
12 the offender committed the offense for which he or she is 
13 being sentenced, except as otherwise provided in Section 
14 40-10 of the Substance Use Disorder Act.
15  (F-3) A Class 2 or greater felony sex offense or 
16 felony firearm offense if the offender had been convicted 
17 of a Class 2 or greater felony, including any state or 
18 federal conviction for an offense that contained, at the 
19 time it was committed, the same elements as an offense now 
20 (the date of the offense committed after the prior Class 2 
21 or greater felony) classified as a Class 2 or greater 
22 felony, within 10 years of the date on which the offender 
23 committed the offense for which he or she is being 
24 sentenced, except as otherwise provided in Section 40-10 
25 of the Substance Use Disorder Act. 
26  (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6 
 
 
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1 of the Criminal Code of 1961 or the Criminal Code of 2012 
2 for which imprisonment is prescribed in those Sections.
3  (G) Residential burglary, except as otherwise provided 
4 in Section 40-10 of the Substance Use Disorder Act.
5  (H) Criminal sexual assault.
6  (I) Aggravated battery of a senior citizen as 
7 described in Section 12-4.6 or subdivision (a)(4) of 
8 Section 12-3.05 of the Criminal Code of 1961 or the 
9 Criminal Code of 2012.
10  (J) A forcible felony if the offense was related to 
11 the activities of an organized gang.
12  Before July 1, 1994, for the purposes of this 
13 paragraph, "organized gang" means an association of 5 or 
14 more persons, with an established hierarchy, that 
15 encourages members of the association to perpetrate crimes 
16 or provides support to the members of the association who 
17 do commit crimes.
18  Beginning July 1, 1994, for the purposes of this 
19 paragraph, "organized gang" has the meaning ascribed to it 
20 in Section 10 of the Illinois Streetgang Terrorism Omnibus 
21 Prevention Act.
22  (K) Vehicular hijacking.
23  (L) A second or subsequent conviction for the offense 
24 of hate crime when the underlying offense upon which the 
25 hate crime is based is felony aggravated assault or felony 
26 mob action.
 
 
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1  (M) A second or subsequent conviction for the offense 
2 of institutional vandalism if the damage to the property 
3 exceeds $300.
4  (N) A Class 3 felony violation of paragraph (1) of 
5 subsection (a) of Section 2 of the Firearm Owners 
6 Identification Card Act committed before the effective 
7 date of this amendatory Act of the 103rd General Assembly.
8  (O) A violation of Section 12-6.1 or 12-6.5 of the 
9 Criminal Code of 1961 or the Criminal Code of 2012.
10  (P) A violation of paragraph (1), (2), (3), (4), (5), 
11 or (7) of subsection (a) of Section 11-20.1 of the 
12 Criminal Code of 1961 or the Criminal Code of 2012.
13  (P-5) A violation of paragraph (6) of subsection (a) 
14 of Section 11-20.1 of the Criminal Code of 1961 or the 
15 Criminal Code of 2012 if the victim is a household or 
16 family member of the defendant.
17  (Q) A violation of subsection (b) or (b-5) of Section 
18 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal 
19 Code of 1961 or the Criminal Code of 2012.
20  (R) A violation of Section 24-3A of the Criminal Code 
21 of 1961 or the Criminal Code of 2012.
22  (S) (Blank).
23  (T) (Blank).
24  (U) A second or subsequent violation of Section 6-303 
25 of the Illinois Vehicle Code committed while his or her 
26 driver's license, permit, or privilege was revoked because 
 
 
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1 of a violation of Section 9-3 of the Criminal Code of 1961 
2 or the Criminal Code of 2012, relating to the offense of 
3 reckless homicide, or a similar provision of a law of 
4 another state. 
5  (V) A violation of paragraph (4) of subsection (c) of 
6 Section 11-20.1B or paragraph (4) of subsection (c) of 
7 Section 11-20.3 of the Criminal Code of 1961, or paragraph 
8 (6) of subsection (a) of Section 11-20.1 of the Criminal 
9 Code of 2012 when the victim is under 13 years of age and 
10 the defendant has previously been convicted under the laws 
11 of this State or any other state of the offense of child 
12 pornography, aggravated child pornography, aggravated 
13 criminal sexual abuse, aggravated criminal sexual assault, 
14 predatory criminal sexual assault of a child, or any of 
15 the offenses formerly known as rape, deviate sexual 
16 assault, indecent liberties with a child, or aggravated 
17 indecent liberties with a child where the victim was under 
18 the age of 18 years or an offense that is substantially 
19 equivalent to those offenses.
20  (W) A violation of Section 24-3.5 of the Criminal Code 
21 of 1961 or the Criminal Code of 2012. 
22  (X) A violation of subsection (a) of Section 31-1a of 
23 the Criminal Code of 1961 or the Criminal Code of 2012.
24  (Y) A conviction for unlawful possession of a firearm 
25 by a street gang member when the firearm was loaded or 
26 contained firearm ammunition. 
 
 
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1  (Z) A Class 1 felony committed while he or she was 
2 serving a term of probation or conditional discharge for a 
3 felony.
4  (AA) Theft of property exceeding $500,000 and not 
5 exceeding $1,000,000 in value.
6  (BB) Laundering of criminally derived property of a 
7 value exceeding $500,000.
8  (CC) Knowingly selling, offering for sale, holding for 
9 sale, or using 2,000 or more counterfeit items or 
10 counterfeit items having a retail value in the aggregate 
11 of $500,000 or more. 
12  (DD) A conviction for aggravated assault under 
13 paragraph (6) of subsection (c) of Section 12-2 of the 
14 Criminal Code of 1961 or the Criminal Code of 2012 if the 
15 firearm is aimed toward the person against whom the 
16 firearm is being used. 
17  (EE) A conviction for a violation of paragraph (2) of 
18 subsection (a) of Section 24-3B of the Criminal Code of 
19 2012. 
20 (3) (Blank).
21 (4) A minimum term of imprisonment of not less than 10 
22consecutive days or 30 days of community service shall be 
23imposed for a violation of paragraph (c) of Section 6-303 of 
24the Illinois Vehicle Code.
25 (4.1) (Blank).
26 (4.2) Except as provided in paragraphs (4.3) and (4.8) of 
 
 
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1this subsection (c), a minimum of 100 hours of community 
2service shall be imposed for a second violation of Section 
36-303 of the Illinois Vehicle Code.
4 (4.3) A minimum term of imprisonment of 30 days or 300 
5hours of community service, as determined by the court, shall 
6be imposed for a second violation of subsection (c) of Section 
76-303 of the Illinois Vehicle Code.
8 (4.4) Except as provided in paragraphs (4.5), (4.6), and 
9(4.9) of this subsection (c), a minimum term of imprisonment 
10of 30 days or 300 hours of community service, as determined by 
11the court, shall be imposed for a third or subsequent 
12violation of Section 6-303 of the Illinois Vehicle Code. The 
13court may give credit toward the fulfillment of community 
14service hours for participation in activities and treatment as 
15determined by court services. 
16 (4.5) A minimum term of imprisonment of 30 days shall be 
17imposed for a third violation of subsection (c) of Section 
186-303 of the Illinois Vehicle Code.
19 (4.6) Except as provided in paragraph (4.10) of this 
20subsection (c), a minimum term of imprisonment of 180 days 
21shall be imposed for a fourth or subsequent violation of 
22subsection (c) of Section 6-303 of the Illinois Vehicle Code.
23 (4.7) A minimum term of imprisonment of not less than 30 
24consecutive days, or 300 hours of community service, shall be 
25imposed for a violation of subsection (a-5) of Section 6-303 
26of the Illinois Vehicle Code, as provided in subsection (b-5) 
 
 
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1of that Section. 
2 (4.8) A mandatory prison sentence shall be imposed for a 
3second violation of subsection (a-5) of Section 6-303 of the 
4Illinois Vehicle Code, as provided in subsection (c-5) of that 
5Section. The person's driving privileges shall be revoked for 
6a period of not less than 5 years from the date of his or her 
7release from prison. 
8 (4.9) A mandatory prison sentence of not less than 4 and 
9not more than 15 years shall be imposed for a third violation 
10of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
11Code, as provided in subsection (d-2.5) of that Section. The 
12person's driving privileges shall be revoked for the remainder 
13of his or her life. 
14 (4.10) A mandatory prison sentence for a Class 1 felony 
15shall be imposed, and the person shall be eligible for an 
16extended term sentence, for a fourth or subsequent violation 
17of subsection (a-5) of Section 6-303 of the Illinois Vehicle 
18Code, as provided in subsection (d-3.5) of that Section. The 
19person's driving privileges shall be revoked for the remainder 
20of his or her life. 
21 (5) The court may sentence a corporation or unincorporated 
22association convicted of any offense to:
23  (A) a period of conditional discharge;
24  (B) a fine;
25  (C) make restitution to the victim under Section 5-5-6 
26 of this Code.
 
 
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1 (5.1) In addition to any other penalties imposed, and 
2except as provided in paragraph (5.2) or (5.3), a person 
3convicted of violating subsection (c) of Section 11-907 of the 
4Illinois Vehicle Code shall have his or her driver's license, 
5permit, or privileges suspended for at least 90 days but not 
6more than one year, if the violation resulted in damage to the 
7property of another person.
8 (5.2) In addition to any other penalties imposed, and 
9except as provided in paragraph (5.3), a person convicted of 
10violating subsection (c) of Section 11-907 of the Illinois 
11Vehicle Code shall have his or her driver's license, permit, 
12or privileges suspended for at least 180 days but not more than 
132 years, if the violation resulted in injury to another 
14person.
15 (5.3) In addition to any other penalties imposed, a person 
16convicted of violating subsection (c) of Section 11-907 of the 
17Illinois Vehicle Code shall have his or her driver's license, 
18permit, or privileges suspended for 2 years, if the violation 
19resulted in the death of another person.
20 (5.4) In addition to any other penalties imposed, a person 
21convicted of violating Section 3-707 of the Illinois Vehicle 
22Code shall have his or her driver's license, permit, or 
23privileges suspended for 3 months and until he or she has paid 
24a reinstatement fee of $100.
25 (5.5) In addition to any other penalties imposed, a person 
26convicted of violating Section 3-707 of the Illinois Vehicle 
 
 
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1Code during a period in which his or her driver's license, 
2permit, or privileges were suspended for a previous violation 
3of that Section shall have his or her driver's license, 
4permit, or privileges suspended for an additional 6 months 
5after the expiration of the original 3-month suspension and 
6until he or she has paid a reinstatement fee of $100. 
7 (6) (Blank).
8 (7) (Blank).
9 (8) (Blank).
10 (9) A defendant convicted of a second or subsequent 
11offense of ritualized abuse of a child may be sentenced to a 
12term of natural life imprisonment.
13 (10) (Blank).
14 (11) The court shall impose a minimum fine of $1,000 for a 
15first offense and $2,000 for a second or subsequent offense 
16upon a person convicted of or placed on supervision for 
17battery when the individual harmed was a sports official or 
18coach at any level of competition and the act causing harm to 
19the sports official or coach occurred within an athletic 
20facility or within the immediate vicinity of the athletic 
21facility at which the sports official or coach was an active 
22participant of the athletic contest held at the athletic 
23facility. For the purposes of this paragraph (11), "sports 
24official" means a person at an athletic contest who enforces 
25the rules of the contest, such as an umpire or referee; 
26"athletic facility" means an indoor or outdoor playing field 
 
 
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1or recreational area where sports activities are conducted; 
2and "coach" means a person recognized as a coach by the 
3sanctioning authority that conducted the sporting event.
4 (12) A person may not receive a disposition of court 
5supervision for a violation of Section 5-16 of the Boat 
6Registration and Safety Act if that person has previously 
7received a disposition of court supervision for a violation of 
8that Section. 
9 (13) A person convicted of or placed on court supervision 
10for an assault or aggravated assault when the victim and the 
11offender are family or household members as defined in Section 
12103 of the Illinois Domestic Violence Act of 1986 or convicted 
13of domestic battery or aggravated domestic battery may be 
14required to attend a Partner Abuse Intervention Program under 
15protocols set forth by the Illinois Department of Human 
16Services under such terms and conditions imposed by the court. 
17The costs of such classes shall be paid by the offender. 
18 (d) In any case in which a sentence originally imposed is 
19vacated, the case shall be remanded to the trial court. The 
20trial court shall hold a hearing under Section 5-4-1 of this 
21Code which may include evidence of the defendant's life, moral 
22character and occupation during the time since the original 
23sentence was passed. The trial court shall then impose 
24sentence upon the defendant. The trial court may impose any 
25sentence which could have been imposed at the original trial 
26subject to Section 5-5-4 of this Code. If a sentence is vacated 
 
 
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1on appeal or on collateral attack due to the failure of the 
2trier of fact at trial to determine beyond a reasonable doubt 
3the existence of a fact (other than a prior conviction) 
4necessary to increase the punishment for the offense beyond 
5the statutory maximum otherwise applicable, either the 
6defendant may be re-sentenced to a term within the range 
7otherwise provided or, if the State files notice of its 
8intention to again seek the extended sentence, the defendant 
9shall be afforded a new trial.
10 (e) In cases where prosecution for aggravated criminal 
11sexual abuse under Section 11-1.60 or 12-16 of the Criminal 
12Code of 1961 or the Criminal Code of 2012 results in conviction 
13of a defendant who was a family member of the victim at the 
14time of the commission of the offense, the court shall 
15consider the safety and welfare of the victim and may impose a 
16sentence of probation only where:
17  (1) the court finds (A) or (B) or both are 
18 appropriate:
19   (A) the defendant is willing to undergo a court 
20 approved counseling program for a minimum duration of 
21 2 years; or
22   (B) the defendant is willing to participate in a 
23 court approved plan, including, but not limited to, 
24 the defendant's:
25    (i) removal from the household;
26    (ii) restricted contact with the victim;
 
 
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1    (iii) continued financial support of the 
2 family;
3    (iv) restitution for harm done to the victim; 
4 and
5    (v) compliance with any other measures that 
6 the court may deem appropriate; and
7  (2) the court orders the defendant to pay for the 
8 victim's counseling services, to the extent that the court 
9 finds, after considering the defendant's income and 
10 assets, that the defendant is financially capable of 
11 paying for such services, if the victim was under 18 years 
12 of age at the time the offense was committed and requires 
13 counseling as a result of the offense.
14 Probation may be revoked or modified pursuant to Section 
155-6-4; except where the court determines at the hearing that 
16the defendant violated a condition of his or her probation 
17restricting contact with the victim or other family members or 
18commits another offense with the victim or other family 
19members, the court shall revoke the defendant's probation and 
20impose a term of imprisonment.
21 For the purposes of this Section, "family member" and 
22"victim" shall have the meanings ascribed to them in Section 
2311-0.1 of the Criminal Code of 2012.
24 (f) (Blank).
25 (g) Whenever a defendant is convicted of an offense under 
26Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14, 
 
 
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111-14.3, 11-14.4 except for an offense that involves keeping a 
2place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17, 
311-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14, 
412-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the 
5Criminal Code of 2012, the defendant shall undergo medical 
6testing to determine whether the defendant has any sexually 
7transmissible disease, including a test for infection with 
8human immunodeficiency virus (HIV) or any other identified 
9causative agent of acquired immunodeficiency syndrome (AIDS). 
10Any such medical test shall be performed only by appropriately 
11licensed medical practitioners and may include an analysis of 
12any bodily fluids as well as an examination of the defendant's 
13person. Except as otherwise provided by law, the results of 
14such test shall be kept strictly confidential by all medical 
15personnel involved in the testing and must be personally 
16delivered in a sealed envelope to the judge of the court in 
17which the conviction was entered for the judge's inspection in 
18camera. Acting in accordance with the best interests of the 
19victim and the public, the judge shall have the discretion to 
20determine to whom, if anyone, the results of the testing may be 
21revealed. The court shall notify the defendant of the test 
22results. The court shall also notify the victim if requested 
23by the victim, and if the victim is under the age of 15 and if 
24requested by the victim's parents or legal guardian, the court 
25shall notify the victim's parents or legal guardian of the 
26test results. The court shall provide information on the 
 
 
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1availability of HIV testing and counseling at Department of 
2Public Health facilities to all parties to whom the results of 
3the testing are revealed and shall direct the State's Attorney 
4to provide the information to the victim when possible. The 
5court shall order that the cost of any such test shall be paid 
6by the county and may be taxed as costs against the convicted 
7defendant.
8 (g-5) When an inmate is tested for an airborne 
9communicable disease, as determined by the Illinois Department 
10of Public Health, including, but not limited to, tuberculosis, 
11the results of the test shall be personally delivered by the 
12warden or his or her designee in a sealed envelope to the judge 
13of the court in which the inmate must appear for the judge's 
14inspection in camera if requested by the judge. Acting in 
15accordance with the best interests of those in the courtroom, 
16the judge shall have the discretion to determine what if any 
17precautions need to be taken to prevent transmission of the 
18disease in the courtroom.
19 (h) Whenever a defendant is convicted of an offense under 
20Section 1 or 2 of the Hypodermic Syringes and Needles Act, the 
21defendant shall undergo medical testing to determine whether 
22the defendant has been exposed to human immunodeficiency virus 
23(HIV) or any other identified causative agent of acquired 
24immunodeficiency syndrome (AIDS). Except as otherwise provided 
25by law, the results of such test shall be kept strictly 
26confidential by all medical personnel involved in the testing 
 
 
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1and must be personally delivered in a sealed envelope to the 
2judge of the court in which the conviction was entered for the 
3judge's inspection in camera. Acting in accordance with the 
4best interests of the public, the judge shall have the 
5discretion to determine to whom, if anyone, the results of the 
6testing may be revealed. The court shall notify the defendant 
7of a positive test showing an infection with the human 
8immunodeficiency virus (HIV). The court shall provide 
9information on the availability of HIV testing and counseling 
10at Department of Public Health facilities to all parties to 
11whom the results of the testing are revealed and shall direct 
12the State's Attorney to provide the information to the victim 
13when possible. The court shall order that the cost of any such 
14test shall be paid by the county and may be taxed as costs 
15against the convicted defendant.
16 (i) All fines and penalties imposed under this Section for 
17any violation of Chapters 3, 4, 6, and 11 of the Illinois 
18Vehicle Code, or a similar provision of a local ordinance, and 
19any violation of the Child Passenger Protection Act, or a 
20similar provision of a local ordinance, shall be collected and 
21disbursed by the circuit clerk as provided under the Criminal 
22and Traffic Assessment Act.
23 (j) In cases when prosecution for any violation of Section 
2411-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9, 
2511-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17, 
2611-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1, 
 
 
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111-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1, 
212-15, or 12-16 of the Criminal Code of 1961 or the Criminal 
3Code of 2012, any violation of the Illinois Controlled 
4Substances Act, any violation of the Cannabis Control Act, or 
5any violation of the Methamphetamine Control and Community 
6Protection Act results in conviction, a disposition of court 
7supervision, or an order of probation granted under Section 10 
8of the Cannabis Control Act, Section 410 of the Illinois 
9Controlled Substances Act, or Section 70 of the 
10Methamphetamine Control and Community Protection Act of a 
11defendant, the court shall determine whether the defendant is 
12employed by a facility or center as defined under the Child 
13Care Act of 1969, a public or private elementary or secondary 
14school, or otherwise works with children under 18 years of age 
15on a daily basis. When a defendant is so employed, the court 
16shall order the Clerk of the Court to send a copy of the 
17judgment of conviction or order of supervision or probation to 
18the defendant's employer by certified mail. If the employer of 
19the defendant is a school, the Clerk of the Court shall direct 
20the mailing of a copy of the judgment of conviction or order of 
21supervision or probation to the appropriate regional 
22superintendent of schools. The regional superintendent of 
23schools shall notify the State Board of Education of any 
24notification under this subsection.
25 (j-5) A defendant at least 17 years of age who is convicted 
26of a felony and who has not been previously convicted of a 
 
 
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1misdemeanor or felony and who is sentenced to a term of 
2imprisonment in the Illinois Department of Corrections shall 
3as a condition of his or her sentence be required by the court 
4to attend educational courses designed to prepare the 
5defendant for a high school diploma and to work toward a high 
6school diploma or to work toward passing high school 
7equivalency testing or to work toward completing a vocational 
8training program offered by the Department of Corrections. If 
9a defendant fails to complete the educational training 
10required by his or her sentence during the term of 
11incarceration, the Prisoner Review Board shall, as a condition 
12of mandatory supervised release, require the defendant, at his 
13or her own expense, to pursue a course of study toward a high 
14school diploma or passage of high school equivalency testing. 
15The Prisoner Review Board shall revoke the mandatory 
16supervised release of a defendant who wilfully fails to comply 
17with this subsection (j-5) upon his or her release from 
18confinement in a penal institution while serving a mandatory 
19supervised release term; however, the inability of the 
20defendant after making a good faith effort to obtain financial 
21aid or pay for the educational training shall not be deemed a 
22wilful failure to comply. The Prisoner Review Board shall 
23recommit the defendant whose mandatory supervised release term 
24has been revoked under this subsection (j-5) as provided in 
25Section 3-3-9. This subsection (j-5) does not apply to a 
26defendant who has a high school diploma or has successfully 
 
 
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1passed high school equivalency testing. This subsection (j-5) 
2does not apply to a defendant who is determined by the court to 
3be a person with a developmental disability or otherwise 
4mentally incapable of completing the educational or vocational 
5program.
6 (k) (Blank).
7 (l)(A) Except as provided in paragraph (C) of subsection 
8(l), whenever a defendant, who is not a citizen or national of 
9the United States, is convicted of any felony or misdemeanor 
10offense, the court after sentencing the defendant may, upon 
11motion of the State's Attorney, hold sentence in abeyance and 
12remand the defendant to the custody of the Attorney General of 
13the United States or his or her designated agent to be deported 
14when:
15  (1) a final order of deportation has been issued 
16 against the defendant pursuant to proceedings under the 
17 Immigration and Nationality Act, and
18  (2) the deportation of the defendant would not 
19 deprecate the seriousness of the defendant's conduct and 
20 would not be inconsistent with the ends of justice.
21 Otherwise, the defendant shall be sentenced as provided in 
22this Chapter V.
23 (B) If the defendant has already been sentenced for a 
24felony or misdemeanor offense, or has been placed on probation 
25under Section 10 of the Cannabis Control Act, Section 410 of 
26the Illinois Controlled Substances Act, or Section 70 of the 
 
 
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1Methamphetamine Control and Community Protection Act, the 
2court may, upon motion of the State's Attorney to suspend the 
3sentence imposed, commit the defendant to the custody of the 
4Attorney General of the United States or his or her designated 
5agent when:
6  (1) a final order of deportation has been issued 
7 against the defendant pursuant to proceedings under the 
8 Immigration and Nationality Act, and
9  (2) the deportation of the defendant would not 
10 deprecate the seriousness of the defendant's conduct and 
11 would not be inconsistent with the ends of justice.
12 (C) This subsection (l) does not apply to offenders who 
13are subject to the provisions of paragraph (2) of subsection 
14(a) of Section 3-6-3.
15 (D) Upon motion of the State's Attorney, if a defendant 
16sentenced under this Section returns to the jurisdiction of 
17the United States, the defendant shall be recommitted to the 
18custody of the county from which he or she was sentenced. 
19Thereafter, the defendant shall be brought before the 
20sentencing court, which may impose any sentence that was 
21available under Section 5-5-3 at the time of initial 
22sentencing. In addition, the defendant shall not be eligible 
23for additional earned sentence credit as provided under 
24Section 3-6-3.
25 (m) A person convicted of criminal defacement of property 
26under Section 21-1.3 of the Criminal Code of 1961 or the 
 
 
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1Criminal Code of 2012, in which the property damage exceeds 
2$300 and the property damaged is a school building, shall be 
3ordered to perform community service that may include cleanup, 
4removal, or painting over the defacement.
5 (n) The court may sentence a person convicted of a 
6violation of Section 12-19, 12-21, 16-1.3, or 17-56, or 
7subsection (a) or (b) of Section 12-4.4a, of the Criminal Code 
8of 1961 or the Criminal Code of 2012 (i) to an impact 
9incarceration program if the person is otherwise eligible for 
10that program under Section 5-8-1.1, (ii) to community service, 
11or (iii) if the person has a substance use disorder, as defined 
12in the Substance Use Disorder Act, to a treatment program 
13licensed under that Act.
14 (o) Whenever a person is convicted of a sex offense as 
15defined in Section 2 of the Sex Offender Registration Act, the 
16defendant's driver's license or permit shall be subject to 
17renewal on an annual basis in accordance with the provisions 
18of license renewal established by the Secretary of State. 
19(Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22; 
20102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff. 
211-1-24.)

22 (730 ILCS 5/5-5-3.2)
23 Sec. 5-5-3.2. Factors in aggravation and extended-term 
24sentencing. 
25 (a) The following factors shall be accorded weight in 
 
 
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1favor of imposing a term of imprisonment or may be considered 
2by the court as reasons to impose a more severe sentence under 
3Section 5-8-1 or Article 4.5 of Chapter V:
4  (1) the defendant's conduct caused or threatened 
5 serious harm;
6  (2) the defendant received compensation for committing 
7 the offense;
8  (3) the defendant has a history of prior delinquency 
9 or criminal activity;
10  (4) the defendant, by the duties of his office or by 
11 his position, was obliged to prevent the particular 
12 offense committed or to bring the offenders committing it 
13 to justice;
14  (5) the defendant held public office at the time of 
15 the offense, and the offense related to the conduct of 
16 that office;
17  (6) the defendant utilized his professional reputation 
18 or position in the community to commit the offense, or to 
19 afford him an easier means of committing it;
20  (7) the sentence is necessary to deter others from 
21 committing the same crime;
22  (8) the defendant committed the offense against a 
23 person 60 years of age or older or such person's property;
24  (9) the defendant committed the offense against a 
25 person who has a physical disability or such person's 
26 property;
 
 
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1  (10) by reason of another individual's actual or 
2 perceived race, color, creed, religion, ancestry, gender, 
3 sexual orientation, physical or mental disability, or 
4 national origin, the defendant committed the offense 
5 against (i) the person or property of that individual; 
6 (ii) the person or property of a person who has an 
7 association with, is married to, or has a friendship with 
8 the other individual; or (iii) the person or property of a 
9 relative (by blood or marriage) of a person described in 
10 clause (i) or (ii). For the purposes of this Section, 
11 "sexual orientation" has the meaning ascribed to it in 
12 paragraph (O-1) of Section 1-103 of the Illinois Human 
13 Rights Act;
14  (11) the offense took place in a place of worship or on 
15 the grounds of a place of worship, immediately prior to, 
16 during or immediately following worship services. For 
17 purposes of this subparagraph, "place of worship" shall 
18 mean any church, synagogue or other building, structure or 
19 place used primarily for religious worship;
20  (12) the defendant was convicted of a felony committed 
21 while he was on pretrial release or his own recognizance 
22 pending trial for a prior felony and was convicted of such 
23 prior felony, or the defendant was convicted of a felony 
24 committed while he was serving a period of probation, 
25 conditional discharge, or mandatory supervised release 
26 under subsection (d) of Section 5-8-1 for a prior felony;
 
 
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1  (13) the defendant committed or attempted to commit a 
2 felony while he was wearing a bulletproof vest. For the 
3 purposes of this paragraph (13), a bulletproof vest is any 
4 device which is designed for the purpose of protecting the 
5 wearer from bullets, shot or other lethal projectiles;
6  (14) the defendant held a position of trust or 
7 supervision such as, but not limited to, family member as 
8 defined in Section 11-0.1 of the Criminal Code of 2012, 
9 teacher, scout leader, baby sitter, or day care worker, in 
10 relation to a victim under 18 years of age, and the 
11 defendant committed an offense in violation of Section 
12 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11, 
13 11-14.4 except for an offense that involves keeping a 
14 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2, 
15 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15 
16 or 12-16 of the Criminal Code of 1961 or the Criminal Code 
17 of 2012 against that victim;
18  (15) the defendant committed an offense related to the 
19 activities of an organized gang. For the purposes of this 
20 factor, "organized gang" has the meaning ascribed to it in 
21 Section 10 of the Streetgang Terrorism Omnibus Prevention 
22 Act;
23  (16) the defendant committed an offense in violation 
24 of one of the following Sections while in a school, 
25 regardless of the time of day or time of year; on any 
26 conveyance owned, leased, or contracted by a school to 
 
 
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1 transport students to or from school or a school related 
2 activity; on the real property of a school; or on a public 
3 way within 1,000 feet of the real property comprising any 
4 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 
5 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 
6 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 
7 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 
8 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except 
9 for subdivision (a)(4) or (g)(1), of the Criminal Code of 
10 1961 or the Criminal Code of 2012;
11  (16.5) the defendant committed an offense in violation 
12 of one of the following Sections while in a day care 
13 center, regardless of the time of day or time of year; on 
14 the real property of a day care center, regardless of the 
15 time of day or time of year; or on a public way within 
16 1,000 feet of the real property comprising any day care 
17 center, regardless of the time of day or time of year: 
18 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40, 
19 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1, 
20 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3, 
21 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16, 
22 18-2, or 33A-2, or Section 12-3.05 except for subdivision 
23 (a)(4) or (g)(1), of the Criminal Code of 1961 or the 
24 Criminal Code of 2012;
25  (17) the defendant committed the offense by reason of 
26 any person's activity as a community policing volunteer or 
 
 
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1 to prevent any person from engaging in activity as a 
2 community policing volunteer. For the purpose of this 
3 Section, "community policing volunteer" has the meaning 
4 ascribed to it in Section 2-3.5 of the Criminal Code of 
5 2012;
6  (18) the defendant committed the offense in a nursing 
7 home or on the real property comprising a nursing home. 
8 For the purposes of this paragraph (18), "nursing home" 
9 means a skilled nursing or intermediate long term care 
10 facility that is subject to license by the Illinois 
11 Department of Public Health under the Nursing Home Care 
12 Act, the Specialized Mental Health Rehabilitation Act of 
13 2013, the ID/DD Community Care Act, or the MC/DD Act;
14  (19) the defendant was a federally licensed firearm 
15 dealer and was previously convicted of a violation of 
16 subsection (a) of Section 3 of the Firearm Owners 
17 Identification Card Act before its repeal by this 
18 amendatory Act of the 103rd General Assembly and has now 
19 committed either a felony violation of the Firearm Owners 
20 Identification Card Act or an act of armed violence while 
21 armed with a firearm;
22  (20) the defendant (i) committed the offense of 
23 reckless homicide under Section 9-3 of the Criminal Code 
24 of 1961 or the Criminal Code of 2012 or the offense of 
25 driving under the influence of alcohol, other drug or 
26 drugs, intoxicating compound or compounds or any 
 
 
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1 combination thereof under Section 11-501 of the Illinois 
2 Vehicle Code or a similar provision of a local ordinance 
3 and (ii) was operating a motor vehicle in excess of 20 
4 miles per hour over the posted speed limit as provided in 
5 Article VI of Chapter 11 of the Illinois Vehicle Code; 
6  (21) the defendant (i) committed the offense of 
7 reckless driving or aggravated reckless driving under 
8 Section 11-503 of the Illinois Vehicle Code and (ii) was 
9 operating a motor vehicle in excess of 20 miles per hour 
10 over the posted speed limit as provided in Article VI of 
11 Chapter 11 of the Illinois Vehicle Code;
12  (22) the defendant committed the offense against a 
13 person that the defendant knew, or reasonably should have 
14 known, was a member of the Armed Forces of the United 
15 States serving on active duty. For purposes of this clause 
16 (22), the term "Armed Forces" means any of the Armed 
17 Forces of the United States, including a member of any 
18 reserve component thereof or National Guard unit called to 
19 active duty; 
20  (23) the defendant committed the offense against a 
21 person who was elderly or infirm or who was a person with a 
22 disability by taking advantage of a family or fiduciary 
23 relationship with the elderly or infirm person or person 
24 with a disability; 
25  (24) the defendant committed any offense under Section 
26 11-20.1 of the Criminal Code of 1961 or the Criminal Code 
 
 
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1 of 2012 and possessed 100 or more images; 
2  (25) the defendant committed the offense while the 
3 defendant or the victim was in a train, bus, or other 
4 vehicle used for public transportation;
5  (26) the defendant committed the offense of child 
6 pornography or aggravated child pornography, specifically 
7 including paragraph (1), (2), (3), (4), (5), or (7) of 
8 subsection (a) of Section 11-20.1 of the Criminal Code of 
9 1961 or the Criminal Code of 2012 where a child engaged in, 
10 solicited for, depicted in, or posed in any act of sexual 
11 penetration or bound, fettered, or subject to sadistic, 
12 masochistic, or sadomasochistic abuse in a sexual context 
13 and specifically including paragraph (1), (2), (3), (4), 
14 (5), or (7) of subsection (a) of Section 11-20.1B or 
15 Section 11-20.3 of the Criminal Code of 1961 where a child 
16 engaged in, solicited for, depicted in, or posed in any 
17 act of sexual penetration or bound, fettered, or subject 
18 to sadistic, masochistic, or sadomasochistic abuse in a 
19 sexual context;
20  (27) the defendant committed the offense of first 
21 degree murder, assault, aggravated assault, battery, 
22 aggravated battery, robbery, armed robbery, or aggravated 
23 robbery against a person who was a veteran and the 
24 defendant knew, or reasonably should have known, that the 
25 person was a veteran performing duties as a representative 
26 of a veterans' organization. For the purposes of this 
 
 
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1 paragraph (27), "veteran" means an Illinois resident who 
2 has served as a member of the United States Armed Forces, a 
3 member of the Illinois National Guard, or a member of the 
4 United States Reserve Forces; and "veterans' organization" 
5 means an organization comprised of members of which 
6 substantially all are individuals who are veterans or 
7 spouses, widows, or widowers of veterans, the primary 
8 purpose of which is to promote the welfare of its members 
9 and to provide assistance to the general public in such a 
10 way as to confer a public benefit; 
11  (28) the defendant committed the offense of assault, 
12 aggravated assault, battery, aggravated battery, robbery, 
13 armed robbery, or aggravated robbery against a person that 
14 the defendant knew or reasonably should have known was a 
15 letter carrier or postal worker while that person was 
16 performing his or her duties delivering mail for the 
17 United States Postal Service;
18  (29) the defendant committed the offense of criminal 
19 sexual assault, aggravated criminal sexual assault, 
20 criminal sexual abuse, or aggravated criminal sexual abuse 
21 against a victim with an intellectual disability, and the 
22 defendant holds a position of trust, authority, or 
23 supervision in relation to the victim;
24  (30) the defendant committed the offense of promoting 
25 juvenile prostitution, patronizing a prostitute, or 
26 patronizing a minor engaged in prostitution and at the 
 
 
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1 time of the commission of the offense knew that the 
2 prostitute or minor engaged in prostitution was in the 
3 custody or guardianship of the Department of Children and 
4 Family Services;
5  (31) the defendant (i) committed the offense of 
6 driving while under the influence of alcohol, other drug 
7 or drugs, intoxicating compound or compounds or any 
8 combination thereof in violation of Section 11-501 of the 
9 Illinois Vehicle Code or a similar provision of a local 
10 ordinance and (ii) the defendant during the commission of 
11 the offense was driving his or her vehicle upon a roadway 
12 designated for one-way traffic in the opposite direction 
13 of the direction indicated by official traffic control 
14 devices; 
15  (32) the defendant committed the offense of reckless 
16 homicide while committing a violation of Section 11-907 of 
17 the Illinois Vehicle Code; 
18  (33) the defendant was found guilty of an 
19 administrative infraction related to an act or acts of 
20 public indecency or sexual misconduct in the penal 
21 institution. In this paragraph (33), "penal institution" 
22 has the same meaning as in Section 2-14 of the Criminal 
23 Code of 2012; or
24  (34) the defendant committed the offense of leaving 
25 the scene of a crash in violation of subsection (b) of 
26 Section 11-401 of the Illinois Vehicle Code and the crash 
 
 
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1 resulted in the death of a person and at the time of the 
2 offense, the defendant was: (i) driving under the 
3 influence of alcohol, other drug or drugs, intoxicating 
4 compound or compounds or any combination thereof as 
5 defined by Section 11-501 of the Illinois Vehicle Code; or 
6 (ii) operating the motor vehicle while using an electronic 
7 communication device as defined in Section 12-610.2 of the 
8 Illinois Vehicle Code. 
9 For the purposes of this Section:
10 "School" is defined as a public or private elementary or 
11secondary school, community college, college, or university.
12 "Day care center" means a public or private State 
13certified and licensed day care center as defined in Section 
142.09 of the Child Care Act of 1969 that displays a sign in 
15plain view stating that the property is a day care center.
16 "Intellectual disability" means significantly subaverage 
17intellectual functioning which exists concurrently with 
18impairment in adaptive behavior. 
19 "Public transportation" means the transportation or 
20conveyance of persons by means available to the general 
21public, and includes paratransit services.
22 "Traffic control devices" means all signs, signals, 
23markings, and devices that conform to the Illinois Manual on 
24Uniform Traffic Control Devices, placed or erected by 
25authority of a public body or official having jurisdiction, 
26for the purpose of regulating, warning, or guiding traffic. 
 
 
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1 (b) The following factors, related to all felonies, may be 
2considered by the court as reasons to impose an extended term 
3sentence under Section 5-8-2 upon any offender:
4  (1) When a defendant is convicted of any felony, after 
5 having been previously convicted in Illinois or any other 
6 jurisdiction of the same or similar class felony or 
7 greater class felony, when such conviction has occurred 
8 within 10 years after the previous conviction, excluding 
9 time spent in custody, and such charges are separately 
10 brought and tried and arise out of different series of 
11 acts; or
12  (2) When a defendant is convicted of any felony and 
13 the court finds that the offense was accompanied by 
14 exceptionally brutal or heinous behavior indicative of 
15 wanton cruelty; or
16  (3) When a defendant is convicted of any felony 
17 committed against:
18   (i) a person under 12 years of age at the time of 
19 the offense or such person's property;
20   (ii) a person 60 years of age or older at the time 
21 of the offense or such person's property; or
22   (iii) a person who had a physical disability at 
23 the time of the offense or such person's property; or
24  (4) When a defendant is convicted of any felony and 
25 the offense involved any of the following types of 
26 specific misconduct committed as part of a ceremony, rite, 
 
 
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1 initiation, observance, performance, practice or activity 
2 of any actual or ostensible religious, fraternal, or 
3 social group:
4   (i) the brutalizing or torturing of humans or 
5 animals;
6   (ii) the theft of human corpses;
7   (iii) the kidnapping of humans;
8   (iv) the desecration of any cemetery, religious, 
9 fraternal, business, governmental, educational, or 
10 other building or property; or
11   (v) ritualized abuse of a child; or
12  (5) When a defendant is convicted of a felony other 
13 than conspiracy and the court finds that the felony was 
14 committed under an agreement with 2 or more other persons 
15 to commit that offense and the defendant, with respect to 
16 the other individuals, occupied a position of organizer, 
17 supervisor, financier, or any other position of management 
18 or leadership, and the court further finds that the felony 
19 committed was related to or in furtherance of the criminal 
20 activities of an organized gang or was motivated by the 
21 defendant's leadership in an organized gang; or
22  (6) When a defendant is convicted of an offense 
23 committed while using a firearm with a laser sight 
24 attached to it. For purposes of this paragraph, "laser 
25 sight" has the meaning ascribed to it in Section 26-7 of 
26 the Criminal Code of 2012; or
 
 
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1  (7) When a defendant who was at least 17 years of age 
2 at the time of the commission of the offense is convicted 
3 of a felony and has been previously adjudicated a 
4 delinquent minor under the Juvenile Court Act of 1987 for 
5 an act that if committed by an adult would be a Class X or 
6 Class 1 felony when the conviction has occurred within 10 
7 years after the previous adjudication, excluding time 
8 spent in custody; or
9  (8) When a defendant commits any felony and the 
10 defendant used, possessed, exercised control over, or 
11 otherwise directed an animal to assault a law enforcement 
12 officer engaged in the execution of his or her official 
13 duties or in furtherance of the criminal activities of an 
14 organized gang in which the defendant is engaged; or 
15  (9) When a defendant commits any felony and the 
16 defendant knowingly video or audio records the offense 
17 with the intent to disseminate the recording. 
18 (c) The following factors may be considered by the court 
19as reasons to impose an extended term sentence under Section 
205-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed 
21offenses:
22  (1) When a defendant is convicted of first degree 
23 murder, after having been previously convicted in Illinois 
24 of any offense listed under paragraph (c)(2) of Section 
25 5-5-3 (730 ILCS 5/5-5-3), when that conviction has 
26 occurred within 10 years after the previous conviction, 
 
 
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1 excluding time spent in custody, and the charges are 
2 separately brought and tried and arise out of different 
3 series of acts.
4  (1.5) When a defendant is convicted of first degree 
5 murder, after having been previously convicted of domestic 
6 battery (720 ILCS 5/12-3.2) or aggravated domestic battery 
7 (720 ILCS 5/12-3.3) committed on the same victim or after 
8 having been previously convicted of violation of an order 
9 of protection (720 ILCS 5/12-30) in which the same victim 
10 was the protected person. 
11  (2) When a defendant is convicted of voluntary 
12 manslaughter, second degree murder, involuntary 
13 manslaughter, or reckless homicide in which the defendant 
14 has been convicted of causing the death of more than one 
15 individual.
16  (3) When a defendant is convicted of aggravated 
17 criminal sexual assault or criminal sexual assault, when 
18 there is a finding that aggravated criminal sexual assault 
19 or criminal sexual assault was also committed on the same 
20 victim by one or more other individuals, and the defendant 
21 voluntarily participated in the crime with the knowledge 
22 of the participation of the others in the crime, and the 
23 commission of the crime was part of a single course of 
24 conduct during which there was no substantial change in 
25 the nature of the criminal objective.
26  (4) If the victim was under 18 years of age at the time 
 
 
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1 of the commission of the offense, when a defendant is 
2 convicted of aggravated criminal sexual assault or 
3 predatory criminal sexual assault of a child under 
4 subsection (a)(1) of Section 11-1.40 or subsection (a)(1) 
5 of Section 12-14.1 of the Criminal Code of 1961 or the 
6 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
7  (5) When a defendant is convicted of a felony 
8 violation of Section 24-1 of the Criminal Code of 1961 or 
9 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a 
10 finding that the defendant is a member of an organized 
11 gang.
12  (6) When a defendant was convicted of unlawful use of 
13 weapons under Section 24-1 of the Criminal Code of 1961 or 
14 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing 
15 a weapon that is not readily distinguishable as one of the 
16 weapons enumerated in Section 24-1 of the Criminal Code of 
17 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
18  (7) When a defendant is convicted of an offense 
19 involving the illegal manufacture of a controlled 
20 substance under Section 401 of the Illinois Controlled 
21 Substances Act (720 ILCS 570/401), the illegal manufacture 
22 of methamphetamine under Section 25 of the Methamphetamine 
23 Control and Community Protection Act (720 ILCS 646/25), or 
24 the illegal possession of explosives and an emergency 
25 response officer in the performance of his or her duties 
26 is killed or injured at the scene of the offense while 
 
 
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1 responding to the emergency caused by the commission of 
2 the offense. In this paragraph, "emergency" means a 
3 situation in which a person's life, health, or safety is 
4 in jeopardy; and "emergency response officer" means a 
5 peace officer, community policing volunteer, fireman, 
6 emergency medical technician-ambulance, emergency medical 
7 technician-intermediate, emergency medical 
8 technician-paramedic, ambulance driver, other medical 
9 assistance or first aid personnel, or hospital emergency 
10 room personnel. 
11  (8) When the defendant is convicted of attempted mob 
12 action, solicitation to commit mob action, or conspiracy 
13 to commit mob action under Section 8-1, 8-2, or 8-4 of the 
14 Criminal Code of 2012, where the criminal object is a 
15 violation of Section 25-1 of the Criminal Code of 2012, 
16 and an electronic communication is used in the commission 
17 of the offense. For the purposes of this paragraph (8), 
18 "electronic communication" shall have the meaning provided 
19 in Section 26.5-0.1 of the Criminal Code of 2012. 
20 (d) For the purposes of this Section, "organized gang" has 
21the meaning ascribed to it in Section 10 of the Illinois 
22Streetgang Terrorism Omnibus Prevention Act.
23 (e) The court may impose an extended term sentence under 
24Article 4.5 of Chapter V upon an offender who has been 
25convicted of a felony violation of Section 11-1.20, 11-1.30, 
2611-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or 
 
 
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112-16 of the Criminal Code of 1961 or the Criminal Code of 2012 
2when the victim of the offense is under 18 years of age at the 
3time of the commission of the offense and, during the 
4commission of the offense, the victim was under the influence 
5of alcohol, regardless of whether or not the alcohol was 
6supplied by the offender; and the offender, at the time of the 
7commission of the offense, knew or should have known that the 
8victim had consumed alcohol. 
9(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20; 
10101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff. 
118-20-21; 102-982, eff. 7-1-23.)

12 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
13 Sec. 5-6-3. Conditions of probation and of conditional 
14discharge. 
15 (a) The conditions of probation and of conditional 
16discharge shall be that the person: 
17  (1) not violate any criminal statute of any 
18 jurisdiction; 
19  (2) report to or appear in person before such person 
20 or agency as directed by the court. To comply with the 
21 provisions of this paragraph (2), in lieu of requiring the 
22 person on probation or conditional discharge to appear in 
23 person for the required reporting or meetings, the officer 
24 may utilize technology, including cellular and other 
25 electronic communication devices or platforms, that allow 
 
 
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1 for communication between the supervised person and the 
2 officer in accordance with standards and guidelines 
3 established by the Administrative Office of the Illinois 
4 Courts; 
5  (3) refrain from possessing a firearm or other 
6 dangerous weapon where the offense is a felony or, if a 
7 misdemeanor, the offense involved the intentional or 
8 knowing infliction of bodily harm or threat of bodily 
9 harm; 
10  (4) not leave the State without the consent of the 
11 court or, in circumstances in which the reason for the 
12 absence is of such an emergency nature that prior consent 
13 by the court is not possible, without the prior 
14 notification and approval of the person's probation 
15 officer. Transfer of a person's probation or conditional 
16 discharge supervision to another state is subject to 
17 acceptance by the other state pursuant to the Interstate 
18 Compact for Adult Offender Supervision; 
19  (5) permit the probation officer to visit him at his 
20 home or elsewhere to the extent necessary to discharge his 
21 duties; 
22  (6) perform no less than 30 hours of community service 
23 and not more than 120 hours of community service, if 
24 community service is available in the jurisdiction and is 
25 funded and approved by the county board where the offense 
26 was committed, where the offense was related to or in 
 
 
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1 furtherance of the criminal activities of an organized 
2 gang and was motivated by the offender's membership in or 
3 allegiance to an organized gang. The community service 
4 shall include, but not be limited to, the cleanup and 
5 repair of any damage caused by a violation of Section 
6 21-1.3 of the Criminal Code of 1961 or the Criminal Code of 
7 2012 and similar damage to property located within the 
8 municipality or county in which the violation occurred. 
9 When possible and reasonable, the community service should 
10 be performed in the offender's neighborhood. For purposes 
11 of this Section, "organized gang" has the meaning ascribed 
12 to it in Section 10 of the Illinois Streetgang Terrorism 
13 Omnibus Prevention Act. The court may give credit toward 
14 the fulfillment of community service hours for 
15 participation in activities and treatment as determined by 
16 court services. Community service shall not interfere with 
17 the school hours, school-related activities, or work 
18 commitments of the minor or the minor's parent, guardian, 
19 or legal custodian; 
20  (7) if he or she is at least 17 years of age and has 
21 been sentenced to probation or conditional discharge for a 
22 misdemeanor or felony in a county of 3,000,000 or more 
23 inhabitants and has not been previously convicted of a 
24 misdemeanor or felony, may be required by the sentencing 
25 court to attend educational courses designed to prepare 
26 the defendant for a high school diploma and to work toward 
 
 
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1 a high school diploma or to work toward passing high 
2 school equivalency testing or to work toward completing a 
3 vocational training program approved by the court. The 
4 person on probation or conditional discharge must attend a 
5 public institution of education to obtain the educational 
6 or vocational training required by this paragraph (7). The 
7 court shall revoke the probation or conditional discharge 
8 of a person who willfully fails to comply with this 
9 paragraph (7). The person on probation or conditional 
10 discharge shall be required to pay for the cost of the 
11 educational courses or high school equivalency testing if 
12 a fee is charged for those courses or testing. The court 
13 shall resentence the offender whose probation or 
14 conditional discharge has been revoked as provided in 
15 Section 5-6-4. This paragraph (7) does not apply to a 
16 person who has a high school diploma or has successfully 
17 passed high school equivalency testing. This paragraph (7) 
18 does not apply to a person who is determined by the court 
19 to be a person with a developmental disability or 
20 otherwise mentally incapable of completing the educational 
21 or vocational program; 
22  (8) if convicted of possession of a substance 
23 prohibited by the Cannabis Control Act, the Illinois 
24 Controlled Substances Act, or the Methamphetamine Control 
25 and Community Protection Act after a previous conviction 
26 or disposition of supervision for possession of a 
 
 
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1 substance prohibited by the Cannabis Control Act or 
2 Illinois Controlled Substances Act or after a sentence of 
3 probation under Section 10 of the Cannabis Control Act, 
4 Section 410 of the Illinois Controlled Substances Act, or 
5 Section 70 of the Methamphetamine Control and Community 
6 Protection Act and upon a finding by the court that the 
7 person is addicted, undergo treatment at a substance abuse 
8 program approved by the court; 
9  (8.5) if convicted of a felony sex offense as defined 
10 in the Sex Offender Management Board Act, the person shall 
11 undergo and successfully complete sex offender treatment 
12 by a treatment provider approved by the Board and 
13 conducted in conformance with the standards developed 
14 under the Sex Offender Management Board Act;
15  (8.6) if convicted of a sex offense as defined in the 
16 Sex Offender Management Board Act, refrain from residing 
17 at the same address or in the same condominium unit or 
18 apartment unit or in the same condominium complex or 
19 apartment complex with another person he or she knows or 
20 reasonably should know is a convicted sex offender or has 
21 been placed on supervision for a sex offense; the 
22 provisions of this paragraph do not apply to a person 
23 convicted of a sex offense who is placed in a Department of 
24 Corrections licensed transitional housing facility for sex 
25 offenders;
26  (8.7) if convicted for an offense committed on or 
 
 
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1 after June 1, 2008 (the effective date of Public Act 
2 95-464) that would qualify the accused as a child sex 
3 offender as defined in Section 11-9.3 or 11-9.4 of the 
4 Criminal Code of 1961 or the Criminal Code of 2012, 
5 refrain from communicating with or contacting, by means of 
6 the Internet, a person who is not related to the accused 
7 and whom the accused reasonably believes to be under 18 
8 years of age; for purposes of this paragraph (8.7), 
9 "Internet" has the meaning ascribed to it in Section 
10 16-0.1 of the Criminal Code of 2012; and a person is not 
11 related to the accused if the person is not: (i) the 
12 spouse, brother, or sister of the accused; (ii) a 
13 descendant of the accused; (iii) a first or second cousin 
14 of the accused; or (iv) a step-child or adopted child of 
15 the accused;
16  (8.8) if convicted for an offense under Section 11-6, 
17 11-9.1, 11-14.4 that involves soliciting for a juvenile 
18 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 
19 of the Criminal Code of 1961 or the Criminal Code of 2012, 
20 or any attempt to commit any of these offenses, committed 
21 on or after June 1, 2009 (the effective date of Public Act 
22 95-983):
23   (i) not access or use a computer or any other 
24 device with Internet capability without the prior 
25 written approval of the offender's probation officer, 
26 except in connection with the offender's employment or 
 
 
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1 search for employment with the prior approval of the 
2 offender's probation officer;
3   (ii) submit to periodic unannounced examinations 
4 of the offender's computer or any other device with 
5 Internet capability by the offender's probation 
6 officer, a law enforcement officer, or assigned 
7 computer or information technology specialist, 
8 including the retrieval and copying of all data from 
9 the computer or device and any internal or external 
10 peripherals and removal of such information, 
11 equipment, or device to conduct a more thorough 
12 inspection;
13   (iii) submit to the installation on the offender's 
14 computer or device with Internet capability, at the 
15 offender's expense, of one or more hardware or 
16 software systems to monitor the Internet use; and
17   (iv) submit to any other appropriate restrictions 
18 concerning the offender's use of or access to a 
19 computer or any other device with Internet capability 
20 imposed by the offender's probation officer; 
21  (8.9) if convicted of a sex offense as defined in the 
22 Sex Offender Registration Act committed on or after 
23 January 1, 2010 (the effective date of Public Act 96-262), 
24 refrain from accessing or using a social networking 
25 website as defined in Section 17-0.5 of the Criminal Code 
26 of 2012; 
 
 
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1  (9) if convicted of a felony or of any misdemeanor 
2 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 
3 12-3.5 of the Criminal Code of 1961 or the Criminal Code of 
4 2012 that was determined, pursuant to Section 112A-11.1 of 
5 the Code of Criminal Procedure of 1963, to trigger the 
6 prohibitions of 18 U.S.C. 922(g)(9), physically surrender 
7 at a time and place designated by the court, his or her 
8 Firearm Owner's Identification Card and any and all 
9 firearms in his or her possession. The Court shall return 
10 to the Illinois State Police Firearm Owner's 
11 Identification Card Office the person's Firearm Owner's 
12 Identification Card; 
13  (10) if convicted of a sex offense as defined in 
14 subsection (a-5) of Section 3-1-2 of this Code, unless the 
15 offender is a parent or guardian of the person under 18 
16 years of age present in the home and no non-familial 
17 minors are present, not participate in a holiday event 
18 involving children under 18 years of age, such as 
19 distributing candy or other items to children on 
20 Halloween, wearing a Santa Claus costume on or preceding 
21 Christmas, being employed as a department store Santa 
22 Claus, or wearing an Easter Bunny costume on or preceding 
23 Easter; 
24  (11) if convicted of a sex offense as defined in 
25 Section 2 of the Sex Offender Registration Act committed 
26 on or after January 1, 2010 (the effective date of Public 
 
 
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1 Act 96-362) that requires the person to register as a sex 
2 offender under that Act, may not knowingly use any 
3 computer scrub software on any computer that the sex 
4 offender uses; 
5  (12) if convicted of a violation of the 
6 Methamphetamine Control and Community Protection Act, the 
7 Methamphetamine Precursor Control Act, or a 
8 methamphetamine related offense:
9   (A) prohibited from purchasing, possessing, or 
10 having under his or her control any product containing 
11 pseudoephedrine unless prescribed by a physician; and
12   (B) prohibited from purchasing, possessing, or 
13 having under his or her control any product containing 
14 ammonium nitrate; and
15  (13) if convicted of a hate crime involving the 
16 protected class identified in subsection (a) of Section 
17 12-7.1 of the Criminal Code of 2012 that gave rise to the 
18 offense the offender committed, perform public or 
19 community service of no less than 200 hours and enroll in 
20 an educational program discouraging hate crimes that 
21 includes racial, ethnic, and cultural sensitivity training 
22 ordered by the court. 
23 (b) The Court may in addition to other reasonable 
24conditions relating to the nature of the offense or the 
25rehabilitation of the defendant as determined for each 
26defendant in the proper discretion of the Court require that 
 
 
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1the person: 
2  (1) serve a term of periodic imprisonment under 
3 Article 7 for a period not to exceed that specified in 
4 paragraph (d) of Section 5-7-1; 
5  (2) pay a fine and costs; 
6  (3) work or pursue a course of study or vocational 
7 training; 
8  (4) undergo medical, psychological or psychiatric 
9 treatment; or treatment for drug addiction or alcoholism; 
10  (5) attend or reside in a facility established for the 
11 instruction or residence of defendants on probation; 
12  (6) support his dependents; 
13  (7) and in addition, if a minor: 
14   (i) reside with his parents or in a foster home; 
15   (ii) attend school; 
16   (iii) attend a non-residential program for youth; 
17   (iv) provide nonfinancial contributions to his own 
18 support at home or in a foster home; 
19   (v) with the consent of the superintendent of the 
20 facility, attend an educational program at a facility 
21 other than the school in which the offense was 
22 committed if he or she is convicted of a crime of 
23 violence as defined in Section 2 of the Crime Victims 
24 Compensation Act committed in a school, on the real 
25 property comprising a school, or within 1,000 feet of 
26 the real property comprising a school; 
 
 
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1  (8) make restitution as provided in Section 5-5-6 of 
2 this Code; 
3  (9) perform some reasonable public or community 
4 service; 
5  (10) serve a term of home confinement. In addition to 
6 any other applicable condition of probation or conditional 
7 discharge, the conditions of home confinement shall be 
8 that the offender: 
9   (i) remain within the interior premises of the 
10 place designated for his confinement during the hours 
11 designated by the court; 
12   (ii) admit any person or agent designated by the 
13 court into the offender's place of confinement at any 
14 time for purposes of verifying the offender's 
15 compliance with the conditions of his confinement; and 
16   (iii) if further deemed necessary by the court or 
17 the probation or court services department Probation 
18 or Court Services Department, be placed on an approved 
19 electronic monitoring device, subject to Article 8A of 
20 Chapter V; 
21   (iv) for persons convicted of any alcohol, 
22 cannabis or controlled substance violation who are 
23 placed on an approved monitoring device as a condition 
24 of probation or conditional discharge, the court shall 
25 impose a reasonable fee for each day of the use of the 
26 device, as established by the county board in 
 
 
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1 subsection (g) of this Section, unless after 
2 determining the inability of the offender to pay the 
3 fee, the court assesses a lesser fee or no fee as the 
4 case may be. This fee shall be imposed in addition to 
5 the fees imposed under subsections (g) and (i) of this 
6 Section. The fee shall be collected by the clerk of the 
7 circuit court, except as provided in an administrative 
8 order of the Chief Judge of the circuit court. The 
9 clerk of the circuit court shall pay all monies 
10 collected from this fee to the county treasurer for 
11 deposit in the substance abuse services fund under 
12 Section 5-1086.1 of the Counties Code, except as 
13 provided in an administrative order of the Chief Judge 
14 of the circuit court.
15   The Chief Judge of the circuit court of the county 
16 may by administrative order establish a program for 
17 electronic monitoring of offenders, in which a vendor 
18 supplies and monitors the operation of the electronic 
19 monitoring device, and collects the fees on behalf of 
20 the county. The program shall include provisions for 
21 indigent offenders and the collection of unpaid fees. 
22 The program shall not unduly burden the offender and 
23 shall be subject to review by the Chief Judge.
24   The Chief Judge of the circuit court may suspend 
25 any additional charges or fees for late payment, 
26 interest, or damage to any device; and 
 
 
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1   (v) for persons convicted of offenses other than 
2 those referenced in clause (iv) above and who are 
3 placed on an approved monitoring device as a condition 
4 of probation or conditional discharge, the court shall 
5 impose a reasonable fee for each day of the use of the 
6 device, as established by the county board in 
7 subsection (g) of this Section, unless after 
8 determining the inability of the defendant to pay the 
9 fee, the court assesses a lesser fee or no fee as the 
10 case may be. This fee shall be imposed in addition to 
11 the fees imposed under subsections (g) and (i) of this 
12 Section. The fee shall be collected by the clerk of the 
13 circuit court, except as provided in an administrative 
14 order of the Chief Judge of the circuit court. The 
15 clerk of the circuit court shall pay all monies 
16 collected from this fee to the county treasurer who 
17 shall use the monies collected to defray the costs of 
18 corrections. The county treasurer shall deposit the 
19 fee collected in the probation and court services 
20 fund. The Chief Judge of the circuit court of the 
21 county may by administrative order establish a program 
22 for electronic monitoring of offenders, in which a 
23 vendor supplies and monitors the operation of the 
24 electronic monitoring device, and collects the fees on 
25 behalf of the county. The program shall include 
26 provisions for indigent offenders and the collection 
 
 
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1 of unpaid fees. The program shall not unduly burden 
2 the offender and shall be subject to review by the 
3 Chief Judge. 
4   The Chief Judge of the circuit court may suspend 
5 any additional charges or fees for late payment, 
6 interest, or damage to any device. 
7  (11) comply with the terms and conditions of an order 
8 of protection issued by the court pursuant to the Illinois 
9 Domestic Violence Act of 1986, as now or hereafter 
10 amended, or an order of protection issued by the court of 
11 another state, tribe, or United States territory. A copy 
12 of the order of protection shall be transmitted to the 
13 probation officer or agency having responsibility for the 
14 case; 
15  (12) reimburse any "local anti-crime program" as 
16 defined in Section 7 of the Anti-Crime Advisory Council 
17 Act for any reasonable expenses incurred by the program on 
18 the offender's case, not to exceed the maximum amount of 
19 the fine authorized for the offense for which the 
20 defendant was sentenced; 
21  (13) contribute a reasonable sum of money, not to 
22 exceed the maximum amount of the fine authorized for the 
23 offense for which the defendant was sentenced, (i) to a 
24 "local anti-crime program", as defined in Section 7 of the 
25 Anti-Crime Advisory Council Act, or (ii) for offenses 
26 under the jurisdiction of the Department of Natural 
 
 
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1 Resources, to the fund established by the Department of 
2 Natural Resources for the purchase of evidence for 
3 investigation purposes and to conduct investigations as 
4 outlined in Section 805-105 of the Department of Natural 
5 Resources (Conservation) Law; 
6  (14) refrain from entering into a designated 
7 geographic area except upon such terms as the court finds 
8 appropriate. Such terms may include consideration of the 
9 purpose of the entry, the time of day, other persons 
10 accompanying the defendant, and advance approval by a 
11 probation officer, if the defendant has been placed on 
12 probation or advance approval by the court, if the 
13 defendant was placed on conditional discharge; 
14  (15) refrain from having any contact, directly or 
15 indirectly, with certain specified persons or particular 
16 types of persons, including, but not limited to, members 
17 of street gangs and drug users or dealers; 
18  (16) refrain from having in his or her body the 
19 presence of any illicit drug prohibited by the Illinois 
20 Controlled Substances Act or the Methamphetamine Control 
21 and Community Protection Act, unless prescribed by a 
22 physician, and submit samples of his or her blood or urine 
23 or both for tests to determine the presence of any illicit 
24 drug;
25  (17) if convicted for an offense committed on or after 
26 June 1, 2008 (the effective date of Public Act 95-464) 
 
 
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1 that would qualify the accused as a child sex offender as 
2 defined in Section 11-9.3 or 11-9.4 of the Criminal Code 
3 of 1961 or the Criminal Code of 2012, refrain from 
4 communicating with or contacting, by means of the 
5 Internet, a person who is related to the accused and whom 
6 the accused reasonably believes to be under 18 years of 
7 age; for purposes of this paragraph (17), "Internet" has 
8 the meaning ascribed to it in Section 16-0.1 of the 
9 Criminal Code of 2012; and a person is related to the 
10 accused if the person is: (i) the spouse, brother, or 
11 sister of the accused; (ii) a descendant of the accused; 
12 (iii) a first or second cousin of the accused; or (iv) a 
13 step-child or adopted child of the accused;
14  (18) if convicted for an offense committed on or after 
15 June 1, 2009 (the effective date of Public Act 95-983) 
16 that would qualify as a sex offense as defined in the Sex 
17 Offender Registration Act:
18   (i) not access or use a computer or any other 
19 device with Internet capability without the prior 
20 written approval of the offender's probation officer, 
21 except in connection with the offender's employment or 
22 search for employment with the prior approval of the 
23 offender's probation officer;
24   (ii) submit to periodic unannounced examinations 
25 of the offender's computer or any other device with 
26 Internet capability by the offender's probation 
 
 
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1 officer, a law enforcement officer, or assigned 
2 computer or information technology specialist, 
3 including the retrieval and copying of all data from 
4 the computer or device and any internal or external 
5 peripherals and removal of such information, 
6 equipment, or device to conduct a more thorough 
7 inspection;
8   (iii) submit to the installation on the offender's 
9 computer or device with Internet capability, at the 
10 subject's expense, of one or more hardware or software 
11 systems to monitor the Internet use; and
12   (iv) submit to any other appropriate restrictions 
13 concerning the offender's use of or access to a 
14 computer or any other device with Internet capability 
15 imposed by the offender's probation officer; and 
16  (19) refrain from possessing a firearm or other 
17 dangerous weapon where the offense is a misdemeanor that 
18 did not involve the intentional or knowing infliction of 
19 bodily harm or threat of bodily harm. 
20 (c) The court may as a condition of probation or of 
21conditional discharge require that a person under 18 years of 
22age found guilty of any alcohol, cannabis or controlled 
23substance violation, refrain from acquiring a driver's license 
24during the period of probation or conditional discharge. If 
25such person is in possession of a permit or license, the court 
26may require that the minor refrain from driving or operating 
 
 
HB5199- 422 -LRB103 38448 RLC 68584 b


1any motor vehicle during the period of probation or 
2conditional discharge, except as may be necessary in the 
3course of the minor's lawful employment. 
4 (d) An offender sentenced to probation or to conditional 
5discharge shall be given a certificate setting forth the 
6conditions thereof. 
7 (e) Except where the offender has committed a fourth or 
8subsequent violation of subsection (c) of Section 6-303 of the 
9Illinois Vehicle Code, the court shall not require as a 
10condition of the sentence of probation or conditional 
11discharge that the offender be committed to a period of 
12imprisonment in excess of 6 months. This 6-month limit shall 
13not include periods of confinement given pursuant to a 
14sentence of county impact incarceration under Section 5-8-1.2.
15 Persons committed to imprisonment as a condition of 
16probation or conditional discharge shall not be committed to 
17the Department of Corrections. 
18 (f) The court may combine a sentence of periodic 
19imprisonment under Article 7 or a sentence to a county impact 
20incarceration program under Article 8 with a sentence of 
21probation or conditional discharge. 
22 (g) An offender sentenced to probation or to conditional 
23discharge and who during the term of either undergoes 
24mandatory drug or alcohol testing, or both, or is assigned to 
25be placed on an approved electronic monitoring device, shall 
26be ordered to pay all costs incidental to such mandatory drug 
 
 
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1or alcohol testing, or both, and all costs incidental to such 
2approved electronic monitoring in accordance with the 
3defendant's ability to pay those costs. The county board with 
4the concurrence of the Chief Judge of the judicial circuit in 
5which the county is located shall establish reasonable fees 
6for the cost of maintenance, testing, and incidental expenses 
7related to the mandatory drug or alcohol testing, or both, and 
8all costs incidental to approved electronic monitoring, 
9involved in a successful probation program for the county. The 
10concurrence of the Chief Judge shall be in the form of an 
11administrative order. The fees shall be collected by the clerk 
12of the circuit court, except as provided in an administrative 
13order of the Chief Judge of the circuit court. The clerk of the 
14circuit court shall pay all moneys collected from these fees 
15to the county treasurer who shall use the moneys collected to 
16defray the costs of drug testing, alcohol testing, and 
17electronic monitoring. The county treasurer shall deposit the 
18fees collected in the county working cash fund under Section 
196-27001 or Section 6-29002 of the Counties Code, as the case 
20may be. The Chief Judge of the circuit court of the county may 
21by administrative order establish a program for electronic 
22monitoring of offenders, in which a vendor supplies and 
23monitors the operation of the electronic monitoring device, 
24and collects the fees on behalf of the county. The program 
25shall include provisions for indigent offenders and the 
26collection of unpaid fees. The program shall not unduly burden 
 
 
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1the offender and shall be subject to review by the Chief Judge. 
2A person shall not be assessed costs or fees for mandatory 
3testing for drugs, alcohol, or both, if the person is an 
4indigent person as defined in paragraph (2) of subsection (a) 
5of Section 5-105 of the Code of Civil Procedure.
6 The Chief Judge of the circuit court may suspend any 
7additional charges or fees for late payment, interest, or 
8damage to any device. 
9 (h) Jurisdiction over an offender may be transferred from 
10the sentencing court to the court of another circuit with the 
11concurrence of both courts. Further transfers or retransfers 
12of jurisdiction are also authorized in the same manner. The 
13court to which jurisdiction has been transferred shall have 
14the same powers as the sentencing court. The probation 
15department within the circuit to which jurisdiction has been 
16transferred, or which has agreed to provide supervision, may 
17impose probation fees upon receiving the transferred offender, 
18as provided in subsection (i). For all transfer cases, as 
19defined in Section 9b of the Probation and Probation Officers 
20Act, the probation department from the original sentencing 
21court shall retain all probation fees collected prior to the 
22transfer. After the transfer, all probation fees shall be paid 
23to the probation department within the circuit to which 
24jurisdiction has been transferred.
25 (i) The court shall impose upon an offender sentenced to 
26probation after January 1, 1989 or to conditional discharge 
 
 
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1after January 1, 1992 or to community service under the 
2supervision of a probation or court services department after 
3January 1, 2004, as a condition of such probation or 
4conditional discharge or supervised community service, a fee 
5of $50 for each month of probation or conditional discharge 
6supervision or supervised community service ordered by the 
7court, unless after determining the inability of the person 
8sentenced to probation or conditional discharge or supervised 
9community service to pay the fee, the court assesses a lesser 
10fee. The court may not impose the fee on a minor who is placed 
11in the guardianship or custody of the Department of Children 
12and Family Services under the Juvenile Court Act of 1987 while 
13the minor is in placement. The fee shall be imposed only upon 
14an offender who is actively supervised by the probation and 
15court services department. The fee shall be collected by the 
16clerk of the circuit court. The clerk of the circuit court 
17shall pay all monies collected from this fee to the county 
18treasurer for deposit in the probation and court services fund 
19under Section 15.1 of the Probation and Probation Officers 
20Act. 
21 A circuit court may not impose a probation fee under this 
22subsection (i) in excess of $25 per month unless the circuit 
23court has adopted, by administrative order issued by the Chief 
24Judge chief judge, a standard probation fee guide determining 
25an offender's ability to pay. Of the amount collected as a 
26probation fee, up to $5 of that fee collected per month may be 
 
 
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1used to provide services to crime victims and their families.
2 The Court may only waive probation fees based on an 
3offender's ability to pay. The probation department may 
4re-evaluate an offender's ability to pay every 6 months, and, 
5with the approval of the Director of Court Services or the 
6Chief Probation Officer, adjust the monthly fee amount. An 
7offender may elect to pay probation fees due in a lump sum. Any 
8offender that has been assigned to the supervision of a 
9probation department, or has been transferred either under 
10subsection (h) of this Section or under any interstate 
11compact, shall be required to pay probation fees to the 
12department supervising the offender, based on the offender's 
13ability to pay. 
14 Public Act 93-970 deletes the $10 increase in the fee 
15under this subsection that was imposed by Public Act 93-616. 
16This deletion is intended to control over any other Act of the 
1793rd General Assembly that retains or incorporates that fee 
18increase.
19 (i-5) In addition to the fees imposed under subsection (i) 
20of this Section, in the case of an offender convicted of a 
21felony sex offense (as defined in the Sex Offender Management 
22Board Act) or an offense that the court or probation 
23department has determined to be sexually motivated (as defined 
24in the Sex Offender Management Board Act), the court or the 
25probation department shall assess additional fees to pay for 
26all costs of treatment, assessment, evaluation for risk and 
 
 
HB5199- 427 -LRB103 38448 RLC 68584 b


1treatment, and monitoring the offender, based on that 
2offender's ability to pay those costs either as they occur or 
3under a payment plan.
4 (j) All fines and costs imposed under this Section for any 
5violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle 
6Code, or a similar provision of a local ordinance, and any 
7violation of the Child Passenger Protection Act, or a similar 
8provision of a local ordinance, shall be collected and 
9disbursed by the circuit clerk as provided under the Criminal 
10and Traffic Assessment Act. 
11 (k) Any offender who is sentenced to probation or 
12conditional discharge for a felony sex offense as defined in 
13the Sex Offender Management Board Act or any offense that the 
14court or probation department has determined to be sexually 
15motivated as defined in the Sex Offender Management Board Act 
16shall be required to refrain from any contact, directly or 
17indirectly, with any persons specified by the court and shall 
18be available for all evaluations and treatment programs 
19required by the court or the probation department. 
20 (l) The court may order an offender who is sentenced to 
21probation or conditional discharge for a violation of an order 
22of protection be placed under electronic surveillance as 
23provided in Section 5-8A-7 of this Code.
24 (m) Except for restitution, and assessments issued for 
25adjudications under Section 5-125 of the Juvenile Court Act of 
261987, fines and assessments, such as fees or administrative 
 
 
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1costs, authorized under this Section shall not be ordered or 
2imposed on a minor subject to Article III, IV, or V of the 
3Juvenile Court Act of 1987, or a minor under the age of 18 
4transferred to adult court or excluded from juvenile court 
5jurisdiction under Article V of the Juvenile Court Act of 
61987, or the minor's parent, guardian, or legal custodian. 
7 (n) (m) A person on probation, conditional discharge, or 
8supervision shall not be ordered to refrain from having 
9cannabis or alcohol in his or her body unless:
10  (1) the person is under 21 years old;
11  (2) the person was sentenced to probation, conditional 
12 discharge, or supervision for an offense which had as an 
13 element of the offense the presence of an intoxicating 
14 compound in the person's body;
15  (3) the person is participating in a problem-solving 
16 court certified by the Illinois Supreme Court;
17  (4) the person has undergone a validated clinical 
18 assessment and the clinical treatment plan includes 
19 alcohol or cannabis testing; or
20  (5) a court ordered evaluation recommends that the 
21 person refrain from using alcohol or cannabis, provided 
22 the evaluation is a validated clinical assessment and the 
23 recommendation originates from a clinical treatment plan.
24 If the court has made findings that alcohol use was a 
25contributing factor in the commission of the underlying 
26offense, the court may order a person on probation, 
 
 
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1conditional discharge, or supervision to refrain from having 
2alcohol in his or her body during the time between sentencing 
3and the completion of a validated clinical assessment, 
4provided that such order shall not exceed 30 days and shall be 
5terminated if the clinical treatment plan does not recommend 
6abstinence or testing, or both. 
7 In this subsection (n) (m), "validated clinical 
8assessment" and "clinical treatment plan" have the meanings 
9ascribed to them in Section 10 of the Drug Court Treatment Act. 
10 In any instance in which the court orders testing for 
11cannabis or alcohol, the court shall state the reasonable 
12relation the condition has to the person's crime for which the 
13person was placed on probation, conditional discharge, or 
14supervision.
15 (o) (n) A person on probation, conditional discharge, or 
16supervision shall not be ordered to refrain from use or 
17consumption of any substance lawfully prescribed by a medical 
18provider or authorized by the Compassionate Use of Medical 
19Cannabis Program Act, except where use is prohibited in 
20paragraph (3) or (4) of subsection (n) (m). 
21(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 
22103-271, eff. 1-1-24; 103-379, eff. 7-28-23; 103-391, eff. 
231-1-24; revised 12-15-23.)

24 (730 ILCS 5/3-2-13 rep.)
25 Section 180. The Unified Code of Corrections is amended by 
 
 
HB5199- 430 -LRB103 38448 RLC 68584 b


1repealing Section 3-2-13.

2 Section 185. The Probation and Probation Officers Act is 
3amended by changing Section 15.2 as follows:

4 (730 ILCS 110/15.2)
5 Sec. 15.2. Retiring probation officer; purchase of service 
6firearm and badge. Each department shall establish a program 
7to allow a probation officer of the department who is 
8honorably retiring in good standing to purchase either one or 
9both of the following: (1) any badge previously issued to the 
10probation officer by the department; or (2) if the probation 
11officer has a currently valid Firearm Owner's Identification 
12Card, the service firearm issued or previously issued to the 
13probation officer by the department. The badge must be 
14permanently and conspicuously marked in such a manner that the 
15individual who possesses the badge is not mistaken for an 
16actively serving law enforcement officer. The cost of the 
17firearm shall be the replacement value of the firearm and not 
18the firearm's fair market value.
19(Source: P.A. 102-719, eff. 5-6-22.)

20 Section 190. The Stalking No Contact Order Act is amended 
21by changing Section 80 as follows:

22 (740 ILCS 21/80)
 
 
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1 Sec. 80. Stalking no contact orders; remedies.
2 (a) If the court finds that the petitioner has been a 
3victim of stalking, a stalking no contact order shall issue; 
4provided that the petitioner must also satisfy the 
5requirements of Section 95 on emergency orders or Section 100 
6on plenary orders. The petitioner shall not be denied a 
7stalking no contact order because the petitioner or the 
8respondent is a minor. The court, when determining whether or 
9not to issue a stalking no contact order, may not require 
10physical injury on the person of the petitioner. Modification 
11and extension of prior stalking no contact orders shall be in 
12accordance with this Act.
13 (b) A stalking no contact order shall order one or more of 
14the following:
15  (1) prohibit the respondent from threatening to commit 
16 or committing stalking;
17  (2) order the respondent not to have any contact with 
18 the petitioner or a third person specifically named by the 
19 court;
20  (3) prohibit the respondent from knowingly coming 
21 within, or knowingly remaining within a specified distance 
22 of the petitioner or the petitioner's residence, school, 
23 daycare, or place of employment, or any specified place 
24 frequented by the petitioner; however, the court may order 
25 the respondent to stay away from the respondent's own 
26 residence, school, or place of employment only if the 
 
 
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1 respondent has been provided actual notice of the 
2 opportunity to appear and be heard on the petition;
3  (4) prohibit the respondent from possessing a Firearm 
4 Owners Identification Card, or possessing or buying 
5 firearms; and
6  (5) order other injunctive relief the court determines 
7 to be necessary to protect the petitioner or third party 
8 specifically named by the court.
9 (b-5) When the petitioner and the respondent attend the 
10same public, private, or non-public elementary, middle, or 
11high school, the court when issuing a stalking no contact 
12order and providing relief shall consider the severity of the 
13act, any continuing physical danger or emotional distress to 
14the petitioner, the educational rights guaranteed to the 
15petitioner and respondent under federal and State law, the 
16availability of a transfer of the respondent to another 
17school, a change of placement or a change of program of the 
18respondent, the expense, difficulty, and educational 
19disruption that would be caused by a transfer of the 
20respondent to another school, and any other relevant facts of 
21the case. The court may order that the respondent not attend 
22the public, private, or non-public elementary, middle, or high 
23school attended by the petitioner, order that the respondent 
24accept a change of placement or program, as determined by the 
25school district or private or non-public school, or place 
26restrictions on the respondent's movements within the school 
 
 
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1attended by the petitioner. The respondent bears the burden of 
2proving by a preponderance of the evidence that a transfer, 
3change of placement, or change of program of the respondent is 
4not available. The respondent also bears the burden of 
5production with respect to the expense, difficulty, and 
6educational disruption that would be caused by a transfer of 
7the respondent to another school. A transfer, change of 
8placement, or change of program is not unavailable to the 
9respondent solely on the ground that the respondent does not 
10agree with the school district's or private or non-public 
11school's transfer, change of placement, or change of program 
12or solely on the ground that the respondent fails or refuses to 
13consent to or otherwise does not take an action required to 
14effectuate a transfer, change of placement, or change of 
15program. When a court orders a respondent to stay away from the 
16public, private, or non-public school attended by the 
17petitioner and the respondent requests a transfer to another 
18attendance center within the respondent's school district or 
19private or non-public school, the school district or private 
20or non-public school shall have sole discretion to determine 
21the attendance center to which the respondent is transferred. 
22In the event the court order results in a transfer of the minor 
23respondent to another attendance center, a change in the 
24respondent's placement, or a change of the respondent's 
25program, the parents, guardian, or legal custodian of the 
26respondent is responsible for transportation and other costs 
 
 
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1associated with the transfer or change. 
2 (b-6) The court may order the parents, guardian, or legal 
3custodian of a minor respondent to take certain actions or to 
4refrain from taking certain actions to ensure that the 
5respondent complies with the order. In the event the court 
6orders a transfer of the respondent to another school, the 
7parents, guardian, or legal custodian of the respondent are 
8responsible for transportation and other costs associated with 
9the change of school by the respondent. 
10 (b-7) The court shall not hold a school district or 
11private or non-public school or any of its employees in civil 
12or criminal contempt unless the school district or private or 
13non-public school has been allowed to intervene.
14 (b-8) The court may hold the parents, guardian, or legal 
15custodian of a minor respondent in civil or criminal contempt 
16for a violation of any provision of any order entered under 
17this Act for conduct of the minor respondent in violation of 
18this Act if the parents, guardian, or legal custodian 
19directed, encouraged, or assisted the respondent minor in such 
20conduct. 
21 (c) The court may award the petitioner costs and attorneys 
22fees if a stalking no contact order is granted.
23 (d) Monetary damages are not recoverable as a remedy.
24 (e) If the stalking no contact order prohibits the 
25respondent from possessing a Firearm Owner's Identification 
26Card, or possessing or buying firearms; the court shall 
 
 
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1confiscate the respondent's firearms Firearm Owner's 
2Identification Card and immediately return the card to the 
3Illinois State Police Firearm Owner's Identification Card 
4Office. 
5(Source: P.A. 102-538, eff. 8-20-21.)

6 Section 195. The Mental Health and Developmental 
7Disabilities Confidentiality Act is amended by changing 
8Section 12 as follows:

9 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
10 Sec. 12. (a) If the United States Secret Service or the 
11Illinois State Police requests information from a mental 
12health or developmental disability facility, as defined in 
13Section 1-107 and 1-114 of the Mental Health and Developmental 
14Disabilities Code, relating to a specific recipient and the 
15facility director determines that disclosure of such 
16information may be necessary to protect the life of, or to 
17prevent the infliction of great bodily harm to, a public 
18official, or a person under the protection of the United 
19States Secret Service, only the following information may be 
20disclosed: the recipient's name, address, and age and the date 
21of any admission to or discharge from a facility; and any 
22information which would indicate whether or not the recipient 
23has a history of violence or presents a danger of violence to 
24the person under protection. Any information so disclosed 
 
 
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1shall be used for investigative purposes only and shall not be 
2publicly disseminated. Any person participating in good faith 
3in the disclosure of such information in accordance with this 
4provision shall have immunity from any liability, civil, 
5criminal or otherwise, if such information is disclosed 
6relying upon the representation of an officer of the United 
7States Secret Service or the Illinois State Police that a 
8person is under the protection of the United States Secret 
9Service or is a public official.
10 For the purpose of this subsection (a), the term "public 
11official" means the Governor, Lieutenant Governor, Attorney 
12General, Secretary of State, State Comptroller, State 
13Treasurer, member of the General Assembly, member of the 
14United States Congress, Judge of the United States as defined 
15in 28 U.S.C. 451, Justice of the United States as defined in 28 
16U.S.C. 451, United States Magistrate Judge as defined in 28 
17U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or 
18Supreme, Appellate, Circuit, or Associate Judge of the State 
19of Illinois. The term shall also include the spouse, child or 
20children of a public official.
21 (b) The Department of Human Services (acting as successor 
22to the Department of Mental Health and Developmental 
23Disabilities) and all public or private hospitals and mental 
24health facilities are required, as hereafter described in this 
25subsection, to furnish the Illinois State Police only such 
26information as may be required for the sole purpose of 
 
 
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1determining whether an individual who may be or may have been a 
2patient is disqualified because of that status from receiving 
3or retaining a firearm under paragraph (4) of subsection (a) 
4of Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's 
5Identification Card or falls within the federal prohibitors 
6under subsection (e), (f), (g), (r), (s), or (t) of Section 8 
7of the Firearm Owners Identification Card Act, or falls within 
8the federal prohibitors in 18 U.S.C. 922(g) and (n). All 
9physicians, clinical psychologists, or qualified examiners at 
10public or private mental health facilities or parts thereof as 
11defined in this subsection shall, in the form and manner 
12required by the Department, provide notice directly to the 
13Department of Human Services, or to his or her employer who 
14shall then report to the Department, within 24 hours after 
15determining that a person poses a clear and present danger to 
16himself, herself, or others, or within 7 days after a person 14 
17years or older is determined to be a person with a 
18developmental disability by a physician, clinical 
19psychologist, or qualified examiner as described in this 
20subsection (b) Section 1.1 of the Firearm Owners 
21Identification Card Act. If a person is a patient as described 
22in clause (2)(A) (1) of the definition of "patient" in this 
23subsection Section 1.1 of the Firearm Owners Identification 
24Card Act, this information shall be furnished within 7 days 
25after admission to a public or private hospital or mental 
26health facility or the provision of services. Any such 
 
 
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1information disclosed under this subsection shall remain 
2privileged and confidential, and shall not be redisclosed, 
3except as required by clause (e)(2) of Section 24-4.5 of the 
4Criminal Code of 2012 subsection (e) of Section 3.1 of the 
5Firearm Owners Identification Card Act, nor utilized for any 
6other purpose. The method of requiring the providing of such 
7information shall guarantee that no information is released 
8beyond what is necessary for this purpose. In addition, the 
9information disclosed shall be provided by the Department 
10within the time period established by Section 24-3 of the 
11Criminal Code of 2012 regarding the delivery of firearms. The 
12method used shall be sufficient to provide the necessary 
13information within the prescribed time period, which may 
14include periodically providing lists to the Department of 
15Human Services or any public or private hospital or mental 
16health facility of Firearm Owner's Identification Card 
17applicants for firearm purchases on which the Department or 
18hospital shall indicate the identities of those individuals 
19who are to its knowledge disqualified from having a firearm 
20Firearm Owner's Identification Card for reasons described 
21herein. The Department may provide for a centralized source of 
22information for the State on this subject under its 
23jurisdiction. The identity of the person reporting under this 
24subsection shall not be disclosed to the subject of the 
25report. For the purposes of this subsection, the physician, 
26clinical psychologist, or qualified examiner making the 
 
 
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1determination and his or her employer shall not be held 
2criminally, civilly, or professionally liable for making or 
3not making the notification required under this subsection, 
4except for willful or wanton misconduct. 
5 Any person, institution, or agency, under this Act, 
6participating in good faith in the reporting or disclosure of 
7records and communications otherwise in accordance with this 
8provision or with rules, regulations or guidelines issued by 
9the Department shall have immunity from any liability, civil, 
10criminal or otherwise, that might result by reason of the 
11action. For the purpose of any proceeding, civil or criminal, 
12arising out of a report or disclosure in accordance with this 
13provision, the good faith of any person, institution, or 
14agency so reporting or disclosing shall be presumed. The full 
15extent of the immunity provided in this subsection (b) shall 
16apply to any person, institution or agency that fails to make a 
17report or disclosure in the good faith belief that the report 
18or disclosure would violate federal regulations governing the 
19confidentiality of alcohol and drug abuse patient records 
20implementing 42 U.S.C. 290dd-3 and 290ee-3.
21 For purposes of this subsection (b) only, the following 
22terms shall have the meaning prescribed:
23  (1) (Blank).
24  (1.3) "Clear and present danger" has the meaning as 
25 defined in Section 6-103.3 of the Mental Health and 
26 Developmental Disabilities Code 1.1 of the Firearm Owners 
 
 
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1 Identification Card Act. 
2  (1.5) "Person with a developmental disability" has the 
3 meaning as defined in Section 6-103.3 of the Mental Health 
4 and Developmental Disabilities Code 1.1 of the Firearm 
5 Owners Identification Card Act.
6  (2) "Patient" means (A) a person who voluntarily 
7 receives mental health treatment as an in-patient or 
8 resident of any public or private mental health facility, 
9 unless the treatment was solely for an alcohol abuse 
10 disorder and no other secondary substance abuse disorder 
11 or mental illness; or (B) a person who voluntarily 
12 receives mental health treatment as an out-patient or is 
13 provided services by a public or private mental health 
14 facility, and who poses a clear and present danger to 
15 himself, herself, or to others has the meaning as defined 
16 in Section 1.1 of the Firearm Owners Identification Card 
17 Act.
18  (3) "Mental health facility" means any licensed 
19 private hospital or hospital affiliate, institution, or 
20 facility, or part thereof, and any facility, or part 
21 thereof, operated by the State or a political subdivision 
22 thereof which provide treatment of persons with mental 
23 illness and includes all hospitals, institutions, clinics, 
24 evaluation facilities, mental health centers, colleges, 
25 universities, long-term care facilities, and nursing 
26 homes, or parts thereof, which provide treatment of 
 
 
HB5199- 441 -LRB103 38448 RLC 68584 b


1 persons with mental illness whether or not the primary 
2 purpose is to provide treatment of persons with mental 
3 illness has the meaning as defined in Section 1.1 of the 
4 Firearm Owners Identification Card Act. 
5 (c) Upon the request of a peace officer who takes a person 
6into custody and transports such person to a mental health or 
7developmental disability facility pursuant to Section 3-606 or 
84-404 of the Mental Health and Developmental Disabilities Code 
9or who transports a person from such facility, a facility 
10director shall furnish said peace officer the name, address, 
11age and name of the nearest relative of the person transported 
12to or from the mental health or developmental disability 
13facility. In no case shall the facility director disclose to 
14the peace officer any information relating to the diagnosis, 
15treatment or evaluation of the person's mental or physical 
16health.
17 For the purposes of this subsection (c), the terms "mental 
18health or developmental disability facility", "peace officer" 
19and "facility director" shall have the meanings ascribed to 
20them in the Mental Health and Developmental Disabilities Code.
21 (d) Upon the request of a peace officer or prosecuting 
22authority who is conducting a bona fide investigation of a 
23criminal offense, or attempting to apprehend a fugitive from 
24justice, a facility director may disclose whether a person is 
25present at the facility. Upon request of a peace officer or 
26prosecuting authority who has a valid forcible felony warrant 
 
 
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1issued, a facility director shall disclose: (1) whether the 
2person who is the subject of the warrant is present at the 
3facility and (2) the date of that person's discharge or future 
4discharge from the facility. The requesting peace officer or 
5prosecuting authority must furnish a case number and the 
6purpose of the investigation or an outstanding arrest warrant 
7at the time of the request. Any person, institution, or agency 
8participating in good faith in disclosing such information in 
9accordance with this subsection (d) is immune from any 
10liability, civil, criminal or otherwise, that might result by 
11reason of the action.
12(Source: P.A. 102-538, eff. 8-20-21.)

13 Section 200. The Illinois Domestic Violence Act of 1986 is 
14amended by changing Sections 210 and 214 as follows:

15 (750 ILCS 60/210) (from Ch. 40, par. 2312-10)
16 Sec. 210. Process. 
17 (a) Summons. Any action for an order of protection, 
18whether commenced alone or in conjunction with another 
19proceeding, is a distinct cause of action and requires that a 
20separate summons be issued and served, except that in pending 
21cases the following methods may be used:
22  (1) By delivery of the summons to respondent 
23 personally in open court in pending civil or criminal 
24 cases.
 
 
HB5199- 443 -LRB103 38448 RLC 68584 b


1  (2) By notice in accordance with Section 210.1 in 
2 civil cases in which the defendant has filed a general 
3 appearance.
4 The summons shall be in the form prescribed by Supreme 
5Court Rule 101(d), except that it shall require respondent to 
6answer or appear within 7 days. Attachments to the summons or 
7notice shall include the petition for order of protection and 
8supporting affidavits, if any, and any emergency order of 
9protection that has been issued. The enforcement of an order 
10of protection under Section 223 shall not be affected by the 
11lack of service, delivery, or notice, provided the 
12requirements of subsection (d) of that Section are otherwise 
13met.
14 (b) Blank.
15 (c) Expedited service. The summons shall be served by the 
16sheriff or other law enforcement officer at the earliest time 
17and shall take precedence over other summonses except those of 
18a similar emergency nature. Special process servers may be 
19appointed at any time, and their designation shall not affect 
20the responsibilities and authority of the sheriff or other 
21official process servers. In counties with a population over 
223,000,000, a special process server may not be appointed if 
23the order of protection grants the surrender of a child, the 
24surrender of a firearm or firearm owners identification card, 
25or the exclusive possession of a shared residence.
26 (d) Remedies requiring actual notice. The counseling, 
 
 
HB5199- 444 -LRB103 38448 RLC 68584 b


1payment of support, payment of shelter services, and payment 
2of losses remedies provided by paragraphs 4, 12, 13, and 16 of 
3subsection (b) of Section 214 may be granted only if 
4respondent has been personally served with process, has 
5answered or has made a general appearance.
6 (e) Remedies upon constructive notice. Service of process 
7on a member of respondent's household or by publication shall 
8be adequate for the remedies provided by paragraphs 1, 2, 3, 5, 
96, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section 
10214, but only if: (i) petitioner has made all reasonable 
11efforts to accomplish actual service of process personally 
12upon respondent, but respondent cannot be found to effect such 
13service and (ii) petitioner files an affidavit or presents 
14sworn testimony as to those efforts.
15 (f) Default. A plenary order of protection may be entered 
16by default as follows:
17  (1) For any of the remedies sought in the petition, if 
18 respondent has been served or given notice in accordance 
19 with subsection (a) and if respondent then fails to appear 
20 as directed or fails to appear on any subsequent 
21 appearance or hearing date agreed to by the parties or set 
22 by the court; or
23  (2) For any of the remedies provided in accordance 
24 with subsection (e), if respondent fails to answer or 
25 appear in accordance with the date set in the publication 
26 notice or the return date indicated on the service of a 
 
 
HB5199- 445 -LRB103 38448 RLC 68584 b


1 household member.
2 (g) Emergency orders. If an order is granted under 
3subsection (c) of Section 217, the court shall immediately 
4file a certified copy of the order with the sheriff or other 
5law enforcement official charged with maintaining Illinois 
6Department of State Police records.
7(Source: P.A. 101-508, eff. 1-1-20.)

8 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
9 Sec. 214. Order of protection; remedies. 
10 (a) Issuance of order. If the court finds that petitioner 
11has been abused by a family or household member or that 
12petitioner is a high-risk adult who has been abused, 
13neglected, or exploited, as defined in this Act, an order of 
14protection prohibiting the abuse, neglect, or exploitation 
15shall issue; provided that petitioner must also satisfy the 
16requirements of one of the following Sections, as appropriate: 
17Section 217 on emergency orders, Section 218 on interim 
18orders, or Section 219 on plenary orders. Petitioner shall not 
19be denied an order of protection because petitioner or 
20respondent is a minor. The court, when determining whether or 
21not to issue an order of protection, shall not require 
22physical manifestations of abuse on the person of the victim. 
23Modification and extension of prior orders of protection shall 
24be in accordance with this Act.
25 (b) Remedies and standards. The remedies to be included in 
 
 
HB5199- 446 -LRB103 38448 RLC 68584 b


1an order of protection shall be determined in accordance with 
2this Section and one of the following Sections, as 
3appropriate: Section 217 on emergency orders, Section 218 on 
4interim orders, and Section 219 on plenary orders. The 
5remedies listed in this subsection shall be in addition to 
6other civil or criminal remedies available to petitioner.
7  (1) Prohibition of abuse, neglect, or exploitation. 
8 Prohibit respondent's harassment, interference with 
9 personal liberty, intimidation of a dependent, physical 
10 abuse, or willful deprivation, neglect or exploitation, as 
11 defined in this Act, or stalking of the petitioner, as 
12 defined in Section 12-7.3 of the Criminal Code of 2012, if 
13 such abuse, neglect, exploitation, or stalking has 
14 occurred or otherwise appears likely to occur if not 
15 prohibited.
16  (2) Grant of exclusive possession of residence. 
17 Prohibit respondent from entering or remaining in any 
18 residence, household, or premises of the petitioner, 
19 including one owned or leased by respondent, if petitioner 
20 has a right to occupancy thereof. The grant of exclusive 
21 possession of the residence, household, or premises shall 
22 not affect title to real property, nor shall the court be 
23 limited by the standard set forth in subsection (c-2) of 
24 Section 501 of the Illinois Marriage and Dissolution of 
25 Marriage Act.
26   (A) Right to occupancy. A party has a right to 
 
 
HB5199- 447 -LRB103 38448 RLC 68584 b


1 occupancy of a residence or household if it is solely 
2 or jointly owned or leased by that party, that party's 
3 spouse, a person with a legal duty to support that 
4 party or a minor child in that party's care, or by any 
5 person or entity other than the opposing party that 
6 authorizes that party's occupancy (e.g., a domestic 
7 violence shelter). Standards set forth in subparagraph 
8 (B) shall not preclude equitable relief.
9   (B) Presumption of hardships. If petitioner and 
10 respondent each has the right to occupancy of a 
11 residence or household, the court shall balance (i) 
12 the hardships to respondent and any minor child or 
13 dependent adult in respondent's care resulting from 
14 entry of this remedy with (ii) the hardships to 
15 petitioner and any minor child or dependent adult in 
16 petitioner's care resulting from continued exposure to 
17 the risk of abuse (should petitioner remain at the 
18 residence or household) or from loss of possession of 
19 the residence or household (should petitioner leave to 
20 avoid the risk of abuse). When determining the balance 
21 of hardships, the court shall also take into account 
22 the accessibility of the residence or household. 
23 Hardships need not be balanced if respondent does not 
24 have a right to occupancy.
25   The balance of hardships is presumed to favor 
26 possession by petitioner unless the presumption is 
 
 
HB5199- 448 -LRB103 38448 RLC 68584 b


1 rebutted by a preponderance of the evidence, showing 
2 that the hardships to respondent substantially 
3 outweigh the hardships to petitioner and any minor 
4 child or dependent adult in petitioner's care. The 
5 court, on the request of petitioner or on its own 
6 motion, may order respondent to provide suitable, 
7 accessible, alternate housing for petitioner instead 
8 of excluding respondent from a mutual residence or 
9 household.
10  (3) Stay away order and additional prohibitions. Order 
11 respondent to stay away from petitioner or any other 
12 person protected by the order of protection, or prohibit 
13 respondent from entering or remaining present at 
14 petitioner's school, place of employment, or other 
15 specified places at times when petitioner is present, or 
16 both, if reasonable, given the balance of hardships. 
17 Hardships need not be balanced for the court to enter a 
18 stay away order or prohibit entry if respondent has no 
19 right to enter the premises.
20   (A) If an order of protection grants petitioner 
21 exclusive possession of the residence, or prohibits 
22 respondent from entering the residence, or orders 
23 respondent to stay away from petitioner or other 
24 protected persons, then the court may allow respondent 
25 access to the residence to remove items of clothing 
26 and personal adornment used exclusively by respondent, 
 
 
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1 medications, and other items as the court directs. The 
2 right to access shall be exercised on only one 
3 occasion as the court directs and in the presence of an 
4 agreed-upon adult third party or law enforcement 
5 officer.
6   (B) When the petitioner and the respondent attend 
7 the same public, private, or non-public elementary, 
8 middle, or high school, the court when issuing an 
9 order of protection and providing relief shall 
10 consider the severity of the act, any continuing 
11 physical danger or emotional distress to the 
12 petitioner, the educational rights guaranteed to the 
13 petitioner and respondent under federal and State law, 
14 the availability of a transfer of the respondent to 
15 another school, a change of placement or a change of 
16 program of the respondent, the expense, difficulty, 
17 and educational disruption that would be caused by a 
18 transfer of the respondent to another school, and any 
19 other relevant facts of the case. The court may order 
20 that the respondent not attend the public, private, or 
21 non-public elementary, middle, or high school attended 
22 by the petitioner, order that the respondent accept a 
23 change of placement or change of program, as 
24 determined by the school district or private or 
25 non-public school, or place restrictions on the 
26 respondent's movements within the school attended by 
 
 
HB5199- 450 -LRB103 38448 RLC 68584 b


1 the petitioner. The respondent bears the burden of 
2 proving by a preponderance of the evidence that a 
3 transfer, change of placement, or change of program of 
4 the respondent is not available. The respondent also 
5 bears the burden of production with respect to the 
6 expense, difficulty, and educational disruption that 
7 would be caused by a transfer of the respondent to 
8 another school. A transfer, change of placement, or 
9 change of program is not unavailable to the respondent 
10 solely on the ground that the respondent does not 
11 agree with the school district's or private or 
12 non-public school's transfer, change of placement, or 
13 change of program or solely on the ground that the 
14 respondent fails or refuses to consent or otherwise 
15 does not take an action required to effectuate a 
16 transfer, change of placement, or change of program. 
17 When a court orders a respondent to stay away from the 
18 public, private, or non-public school attended by the 
19 petitioner and the respondent requests a transfer to 
20 another attendance center within the respondent's 
21 school district or private or non-public school, the 
22 school district or private or non-public school shall 
23 have sole discretion to determine the attendance 
24 center to which the respondent is transferred. In the 
25 event the court order results in a transfer of the 
26 minor respondent to another attendance center, a 
 
 
HB5199- 451 -LRB103 38448 RLC 68584 b


1 change in the respondent's placement, or a change of 
2 the respondent's program, the parents, guardian, or 
3 legal custodian of the respondent is responsible for 
4 transportation and other costs associated with the 
5 transfer or change. 
6   (C) The court may order the parents, guardian, or 
7 legal custodian of a minor respondent to take certain 
8 actions or to refrain from taking certain actions to 
9 ensure that the respondent complies with the order. In 
10 the event the court orders a transfer of the 
11 respondent to another school, the parents, guardian, 
12 or legal custodian of the respondent is responsible 
13 for transportation and other costs associated with the 
14 change of school by the respondent. 
15  (4) Counseling. Require or recommend the respondent to 
16 undergo counseling for a specified duration with a social 
17 worker, psychologist, clinical psychologist, 
18 psychiatrist, family service agency, alcohol or substance 
19 abuse program, mental health center guidance counselor, 
20 agency providing services to elders, program designed for 
21 domestic violence abusers or any other guidance service 
22 the court deems appropriate. The Court may order the 
23 respondent in any intimate partner relationship to report 
24 to an Illinois Department of Human Services protocol 
25 approved partner abuse intervention program for an 
26 assessment and to follow all recommended treatment. 
 
 
HB5199- 452 -LRB103 38448 RLC 68584 b


1  (5) Physical care and possession of the minor child. 
2 In order to protect the minor child from abuse, neglect, 
3 or unwarranted separation from the person who has been the 
4 minor child's primary caretaker, or to otherwise protect 
5 the well-being of the minor child, the court may do either 
6 or both of the following: (i) grant petitioner physical 
7 care or possession of the minor child, or both, or (ii) 
8 order respondent to return a minor child to, or not remove 
9 a minor child from, the physical care of a parent or person 
10 in loco parentis.
11  If a court finds, after a hearing, that respondent has 
12 committed abuse (as defined in Section 103) of a minor 
13 child, there shall be a rebuttable presumption that 
14 awarding physical care to respondent would not be in the 
15 minor child's best interest.
16  (6) Temporary allocation of parental responsibilities: 
17 significant decision-making. Award temporary 
18 decision-making responsibility to petitioner in accordance 
19 with this Section, the Illinois Marriage and Dissolution 
20 of Marriage Act, the Illinois Parentage Act of 2015, and 
21 this State's Uniform Child-Custody Jurisdiction and 
22 Enforcement Act. 
23  If a court finds, after a hearing, that respondent has 
24 committed abuse (as defined in Section 103) of a minor 
25 child, there shall be a rebuttable presumption that 
26 awarding temporary significant decision-making 
 
 
HB5199- 453 -LRB103 38448 RLC 68584 b


1 responsibility to respondent would not be in the child's 
2 best interest.
3  (7) Parenting time. Determine the parenting time, if 
4 any, of respondent in any case in which the court awards 
5 physical care or allocates temporary significant 
6 decision-making responsibility of a minor child to 
7 petitioner. The court shall restrict or deny respondent's 
8 parenting time with a minor child if the court finds that 
9 respondent has done or is likely to do any of the 
10 following: (i) abuse or endanger the minor child during 
11 parenting time; (ii) use the parenting time as an 
12 opportunity to abuse or harass petitioner or petitioner's 
13 family or household members; (iii) improperly conceal or 
14 detain the minor child; or (iv) otherwise act in a manner 
15 that is not in the best interests of the minor child. The 
16 court shall not be limited by the standards set forth in 
17 Section 603.10 of the Illinois Marriage and Dissolution of 
18 Marriage Act. If the court grants parenting time, the 
19 order shall specify dates and times for the parenting time 
20 to take place or other specific parameters or conditions 
21 that are appropriate. No order for parenting time shall 
22 refer merely to the term "reasonable parenting time".
23  Petitioner may deny respondent access to the minor 
24 child if, when respondent arrives for parenting time, 
25 respondent is under the influence of drugs or alcohol and 
26 constitutes a threat to the safety and well-being of 
 
 
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1 petitioner or petitioner's minor children or is behaving 
2 in a violent or abusive manner.
3  If necessary to protect any member of petitioner's 
4 family or household from future abuse, respondent shall be 
5 prohibited from coming to petitioner's residence to meet 
6 the minor child for parenting time, and the parties shall 
7 submit to the court their recommendations for reasonable 
8 alternative arrangements for parenting time. A person may 
9 be approved to supervise parenting time only after filing 
10 an affidavit accepting that responsibility and 
11 acknowledging accountability to the court.
12  (8) Removal or concealment of minor child. Prohibit 
13 respondent from removing a minor child from the State or 
14 concealing the child within the State. 
15  (9) Order to appear. Order the respondent to appear in 
16 court, alone or with a minor child, to prevent abuse, 
17 neglect, removal or concealment of the child, to return 
18 the child to the custody or care of the petitioner or to 
19 permit any court-ordered interview or examination of the 
20 child or the respondent.
21  (10) Possession of personal property. Grant petitioner 
22 exclusive possession of personal property and, if 
23 respondent has possession or control, direct respondent to 
24 promptly make it available to petitioner, if:
25   (i) petitioner, but not respondent, owns the 
26 property; or
 
 
HB5199- 455 -LRB103 38448 RLC 68584 b


1   (ii) the parties own the property jointly; sharing 
2 it would risk abuse of petitioner by respondent or is 
3 impracticable; and the balance of hardships favors 
4 temporary possession by petitioner.
5  If petitioner's sole claim to ownership of the 
6 property is that it is marital property, the court may 
7 award petitioner temporary possession thereof under the 
8 standards of subparagraph (ii) of this paragraph only if a 
9 proper proceeding has been filed under the Illinois 
10 Marriage and Dissolution of Marriage Act, as now or 
11 hereafter amended.
12  No order under this provision shall affect title to 
13 property.
14  (11) Protection of property. Forbid the respondent 
15 from taking, transferring, encumbering, concealing, 
16 damaging or otherwise disposing of any real or personal 
17 property, except as explicitly authorized by the court, 
18 if:
19   (i) petitioner, but not respondent, owns the 
20 property; or
21   (ii) the parties own the property jointly, and the 
22 balance of hardships favors granting this remedy.
23  If petitioner's sole claim to ownership of the 
24 property is that it is marital property, the court may 
25 grant petitioner relief under subparagraph (ii) of this 
26 paragraph only if a proper proceeding has been filed under 
 
 
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1 the Illinois Marriage and Dissolution of Marriage Act, as 
2 now or hereafter amended.
3  The court may further prohibit respondent from 
4 improperly using the financial or other resources of an 
5 aged member of the family or household for the profit or 
6 advantage of respondent or of any other person.
7  (11.5) Protection of animals. Grant the petitioner the 
8 exclusive care, custody, or control of any animal owned, 
9 possessed, leased, kept, or held by either the petitioner 
10 or the respondent or a minor child residing in the 
11 residence or household of either the petitioner or the 
12 respondent and order the respondent to stay away from the 
13 animal and forbid the respondent from taking, 
14 transferring, encumbering, concealing, harming, or 
15 otherwise disposing of the animal. 
16  (12) Order for payment of support. Order respondent to 
17 pay temporary support for the petitioner or any child in 
18 the petitioner's care or over whom the petitioner has been 
19 allocated parental responsibility, when the respondent has 
20 a legal obligation to support that person, in accordance 
21 with the Illinois Marriage and Dissolution of Marriage 
22 Act, which shall govern, among other matters, the amount 
23 of support, payment through the clerk and withholding of 
24 income to secure payment. An order for child support may 
25 be granted to a petitioner with lawful physical care of a 
26 child, or an order or agreement for physical care of a 
 
 
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1 child, prior to entry of an order allocating significant 
2 decision-making responsibility. Such a support order shall 
3 expire upon entry of a valid order allocating parental 
4 responsibility differently and vacating the petitioner's 
5 significant decision-making authority, unless otherwise 
6 provided in the order.
7  (13) Order for payment of losses. Order respondent to 
8 pay petitioner for losses suffered as a direct result of 
9 the abuse, neglect, or exploitation. Such losses shall 
10 include, but not be limited to, medical expenses, lost 
11 earnings or other support, repair or replacement of 
12 property damaged or taken, reasonable attorney's fees, 
13 court costs and moving or other travel expenses, including 
14 additional reasonable expenses for temporary shelter and 
15 restaurant meals.
16   (i) Losses affecting family needs. If a party is 
17 entitled to seek maintenance, child support or 
18 property distribution from the other party under the 
19 Illinois Marriage and Dissolution of Marriage Act, as 
20 now or hereafter amended, the court may order 
21 respondent to reimburse petitioner's actual losses, to 
22 the extent that such reimbursement would be 
23 "appropriate temporary relief", as authorized by 
24 subsection (a)(3) of Section 501 of that Act.
25   (ii) Recovery of expenses. In the case of an 
26 improper concealment or removal of a minor child, the 
 
 
HB5199- 458 -LRB103 38448 RLC 68584 b


1 court may order respondent to pay the reasonable 
2 expenses incurred or to be incurred in the search for 
3 and recovery of the minor child, including but not 
4 limited to legal fees, court costs, private 
5 investigator fees, and travel costs.
6  (14) Prohibition of entry. Prohibit the respondent 
7 from entering or remaining in the residence or household 
8 while the respondent is under the influence of alcohol or 
9 drugs and constitutes a threat to the safety and 
10 well-being of the petitioner or the petitioner's children.
11  (14.5) Prohibition of firearm possession.
12   (a) Prohibit a respondent against whom an order of 
13 protection was issued from possessing any firearms 
14 during the duration of the order if the order:
15    (1) was issued after a hearing of which such 
16 person received actual notice, and at which such 
17 person had an opportunity to participate;
18    (2) restrains such person from harassing, 
19 stalking, or threatening an intimate partner of 
20 such person or child of such intimate partner or 
21 person, or engaging in other conduct that would 
22 place an intimate partner in reasonable fear of 
23 bodily injury to the partner or child; and
24    (3)(i) includes a finding that such person 
25 represents a credible threat to the physical 
26 safety of such intimate partner or child; or (ii) 
 
 
HB5199- 459 -LRB103 38448 RLC 68584 b


1 by its terms explicitly prohibits the use, 
2 attempted use, or threatened use of physical force 
3 against such intimate partner or child that would 
4 reasonably be expected to cause bodily injury.
5  Any Firearm Owner's Identification Card in the 
6 possession of the respondent, except as provided in 
7 subsection (b), shall be ordered by the court to be 
8 turned over to the local law enforcement agency. The 
9 local law enforcement agency shall immediately mail 
10 the card to the Illinois State Police Firearm Owner's 
11 Identification Card Office for safekeeping. The court 
12 shall issue a warrant for seizure of any firearm in the 
13 possession of the respondent, to be kept by the local 
14 law enforcement agency for safekeeping, except as 
15 provided in subsection (b). The period of safekeeping 
16 shall be for the duration of the order of protection. 
17 The firearm or firearms and Firearm Owner's 
18 Identification Card, if unexpired, shall at the 
19 respondent's request, be returned to the respondent at 
20 the end of the order of protection. It is the 
21 respondent's responsibility to notify the Illinois 
22 State Police Firearm Owner's Identification Card 
23 Office. 
24   (b) If the respondent is a peace officer as 
25 defined in Section 2-13 of the Criminal Code of 2012, 
26 the court shall order that any firearms used by the 
 
 
HB5199- 460 -LRB103 38448 RLC 68584 b


1 respondent in the performance of his or her duties as a 
2 peace officer be surrendered to the chief law 
3 enforcement executive of the agency in which the 
4 respondent is employed, who shall retain the firearms 
5 for safekeeping for the duration of the order of 
6 protection.
7   (c) Upon expiration of the period of safekeeping, 
8 if the firearms or Firearm Owner's Identification Card 
9 cannot be returned to respondent because respondent 
10 cannot be located, fails to respond to requests to 
11 retrieve the firearms, or is not lawfully eligible to 
12 possess a firearm, upon petition from the local law 
13 enforcement agency, the court may order the local law 
14 enforcement agency to destroy the firearms, use the 
15 firearms for training purposes, or for any other 
16 application as deemed appropriate by the local law 
17 enforcement agency; or that the firearms be turned 
18 over to a third party who is lawfully eligible to 
19 possess firearms, and who does not reside with 
20 respondent. 
21  (15) Prohibition of access to records. If an order of 
22 protection prohibits respondent from having contact with 
23 the minor child, or if petitioner's address is omitted 
24 under subsection (b) of Section 203, or if necessary to 
25 prevent abuse or wrongful removal or concealment of a 
26 minor child, the order shall deny respondent access to, 
 
 
HB5199- 461 -LRB103 38448 RLC 68584 b


1 and prohibit respondent from inspecting, obtaining, or 
2 attempting to inspect or obtain, school or any other 
3 records of the minor child who is in the care of 
4 petitioner.
5  (16) Order for payment of shelter services. Order 
6 respondent to reimburse a shelter providing temporary 
7 housing and counseling services to the petitioner for the 
8 cost of the services, as certified by the shelter and 
9 deemed reasonable by the court.
10  (17) Order for injunctive relief. Enter injunctive 
11 relief necessary or appropriate to prevent further abuse 
12 of a family or household member or further abuse, neglect, 
13 or exploitation of a high-risk adult with disabilities or 
14 to effectuate one of the granted remedies, if supported by 
15 the balance of hardships. If the harm to be prevented by 
16 the injunction is abuse or any other harm that one of the 
17 remedies listed in paragraphs (1) through (16) of this 
18 subsection is designed to prevent, no further evidence is 
19 necessary that the harm is an irreparable injury.
20  (18) Telephone services.
21   (A) Unless a condition described in subparagraph 
22 (B) of this paragraph exists, the court may, upon 
23 request by the petitioner, order a wireless telephone 
24 service provider to transfer to the petitioner the 
25 right to continue to use a telephone number or numbers 
26 indicated by the petitioner and the financial 
 
 
HB5199- 462 -LRB103 38448 RLC 68584 b


1 responsibility associated with the number or numbers, 
2 as set forth in subparagraph (C) of this paragraph. 
3 For purposes of this paragraph (18), the term 
4 "wireless telephone service provider" means a provider 
5 of commercial mobile service as defined in 47 U.S.C. 
6 332. The petitioner may request the transfer of each 
7 telephone number that the petitioner, or a minor child 
8 in his or her custody, uses. The clerk of the court 
9 shall serve the order on the wireless telephone 
10 service provider's agent for service of process 
11 provided to the Illinois Commerce Commission. The 
12 order shall contain all of the following:
13    (i) The name and billing telephone number of 
14 the account holder including the name of the 
15 wireless telephone service provider that serves 
16 the account.
17    (ii) Each telephone number that will be 
18 transferred.
19    (iii) A statement that the provider transfers 
20 to the petitioner all financial responsibility for 
21 and right to the use of any telephone number 
22 transferred under this paragraph.
23   (B) A wireless telephone service provider shall 
24 terminate the respondent's use of, and shall transfer 
25 to the petitioner use of, the telephone number or 
26 numbers indicated in subparagraph (A) of this 
 
 
HB5199- 463 -LRB103 38448 RLC 68584 b


1 paragraph unless it notifies the petitioner, within 72 
2 hours after it receives the order, that one of the 
3 following applies:
4    (i) The account holder named in the order has 
5 terminated the account.
6    (ii) A difference in network technology would 
7 prevent or impair the functionality of a device on 
8 a network if the transfer occurs.
9    (iii) The transfer would cause a geographic or 
10 other limitation on network or service provision 
11 to the petitioner.
12    (iv) Another technological or operational 
13 issue would prevent or impair the use of the 
14 telephone number if the transfer occurs.
15   (C) The petitioner assumes all financial 
16 responsibility for and right to the use of any 
17 telephone number transferred under this paragraph. In 
18 this paragraph, "financial responsibility" includes 
19 monthly service costs and costs associated with any 
20 mobile device associated with the number.
21   (D) A wireless telephone service provider may 
22 apply to the petitioner its routine and customary 
23 requirements for establishing an account or 
24 transferring a number, including requiring the 
25 petitioner to provide proof of identification, 
26 financial information, and customer preferences.
 
 
HB5199- 464 -LRB103 38448 RLC 68584 b


1   (E) Except for willful or wanton misconduct, a 
2 wireless telephone service provider is immune from 
3 civil liability for its actions taken in compliance 
4 with a court order issued under this paragraph.
5   (F) All wireless service providers that provide 
6 services to residential customers shall provide to the 
7 Illinois Commerce Commission the name and address of 
8 an agent for service of orders entered under this 
9 paragraph (18). Any change in status of the registered 
10 agent must be reported to the Illinois Commerce 
11 Commission within 30 days of such change. 
12   (G) The Illinois Commerce Commission shall 
13 maintain the list of registered agents for service for 
14 each wireless telephone service provider on the 
15 Commission's website. The Commission may consult with 
16 wireless telephone service providers and the Circuit 
17 Court Clerks on the manner in which this information 
18 is provided and displayed. 
19 (c) Relevant factors; findings.
20  (1) In determining whether to grant a specific remedy, 
21 other than payment of support, the court shall consider 
22 relevant factors, including but not limited to the 
23 following:
24   (i) the nature, frequency, severity, pattern and 
25 consequences of the respondent's past abuse, neglect 
26 or exploitation of the petitioner or any family or 
 
 
HB5199- 465 -LRB103 38448 RLC 68584 b


1 household member, including the concealment of his or 
2 her location in order to evade service of process or 
3 notice, and the likelihood of danger of future abuse, 
4 neglect, or exploitation to petitioner or any member 
5 of petitioner's or respondent's family or household; 
6 and
7   (ii) the danger that any minor child will be 
8 abused or neglected or improperly relocated from the 
9 jurisdiction, improperly concealed within the State or 
10 improperly separated from the child's primary 
11 caretaker.
12  (2) In comparing relative hardships resulting to the 
13 parties from loss of possession of the family home, the 
14 court shall consider relevant factors, including but not 
15 limited to the following:
16   (i) availability, accessibility, cost, safety, 
17 adequacy, location and other characteristics of 
18 alternate housing for each party and any minor child 
19 or dependent adult in the party's care;
20   (ii) the effect on the party's employment; and
21   (iii) the effect on the relationship of the party, 
22 and any minor child or dependent adult in the party's 
23 care, to family, school, church and community.
24  (3) Subject to the exceptions set forth in paragraph 
25 (4) of this subsection, the court shall make its findings 
26 in an official record or in writing, and shall at a minimum 
 
 
HB5199- 466 -LRB103 38448 RLC 68584 b


1 set forth the following:
2   (i) That the court has considered the applicable 
3 relevant factors described in paragraphs (1) and (2) 
4 of this subsection.
5   (ii) Whether the conduct or actions of respondent, 
6 unless prohibited, will likely cause irreparable harm 
7 or continued abuse.
8   (iii) Whether it is necessary to grant the 
9 requested relief in order to protect petitioner or 
10 other alleged abused persons.
11  (4) For purposes of issuing an ex parte emergency 
12 order of protection, the court, as an alternative to or as 
13 a supplement to making the findings described in 
14 paragraphs (c)(3)(i) through (c)(3)(iii) of this 
15 subsection, may use the following procedure:
16  When a verified petition for an emergency order of 
17 protection in accordance with the requirements of Sections 
18 203 and 217 is presented to the court, the court shall 
19 examine petitioner on oath or affirmation. An emergency 
20 order of protection shall be issued by the court if it 
21 appears from the contents of the petition and the 
22 examination of petitioner that the averments are 
23 sufficient to indicate abuse by respondent and to support 
24 the granting of relief under the issuance of the emergency 
25 order of protection.
26  (5) Never married parties. No rights or 
 
 
HB5199- 467 -LRB103 38448 RLC 68584 b


1 responsibilities for a minor child born outside of 
2 marriage attach to a putative father until a father and 
3 child relationship has been established under the Illinois 
4 Parentage Act of 1984, the Illinois Parentage Act of 2015, 
5 the Illinois Public Aid Code, Section 12 of the Vital 
6 Records Act, the Juvenile Court Act of 1987, the Probate 
7 Act of 1975, the Revised Uniform Reciprocal Enforcement of 
8 Support Act, the Uniform Interstate Family Support Act, 
9 the Expedited Child Support Act of 1990, any judicial, 
10 administrative, or other act of another state or 
11 territory, any other Illinois statute, or by any foreign 
12 nation establishing the father and child relationship, any 
13 other proceeding substantially in conformity with the 
14 Personal Responsibility and Work Opportunity 
15 Reconciliation Act of 1996 (Pub. L. 104-193), or where 
16 both parties appeared in open court or at an 
17 administrative hearing acknowledging under oath or 
18 admitting by affirmation the existence of a father and 
19 child relationship. Absent such an adjudication, finding, 
20 or acknowledgment, no putative father shall be granted 
21 temporary allocation of parental responsibilities, 
22 including parenting time with the minor child, or physical 
23 care and possession of the minor child, nor shall an order 
24 of payment for support of the minor child be entered.
25 (d) Balance of hardships; findings. If the court finds 
26that the balance of hardships does not support the granting of 
 
 
HB5199- 468 -LRB103 38448 RLC 68584 b


1a remedy governed by paragraph (2), (3), (10), (11), or (16) of 
2subsection (b) of this Section, which may require such 
3balancing, the court's findings shall so indicate and shall 
4include a finding as to whether granting the remedy will 
5result in hardship to respondent that would substantially 
6outweigh the hardship to petitioner from denial of the remedy. 
7The findings shall be an official record or in writing.
8 (e) Denial of remedies. Denial of any remedy shall not be 
9based, in whole or in part, on evidence that:
10  (1) Respondent has cause for any use of force, unless 
11 that cause satisfies the standards for justifiable use of 
12 force provided by Article 7 of the Criminal Code of 2012;
13  (2) Respondent was voluntarily intoxicated;
14  (3) Petitioner acted in self-defense or defense of 
15 another, provided that, if petitioner utilized force, such 
16 force was justifiable under Article 7 of the Criminal Code 
17 of 2012; 
18  (4) Petitioner did not act in self-defense or defense 
19 of another;
20  (5) Petitioner left the residence or household to 
21 avoid further abuse, neglect, or exploitation by 
22 respondent;
23  (6) Petitioner did not leave the residence or 
24 household to avoid further abuse, neglect, or exploitation 
25 by respondent;
26  (7) Conduct by any family or household member excused 
 
 
HB5199- 469 -LRB103 38448 RLC 68584 b


1 the abuse, neglect, or exploitation by respondent, unless 
2 that same conduct would have excused such abuse, neglect, 
3 or exploitation if the parties had not been family or 
4 household members.
5(Source: P.A. 102-538, eff. 8-20-21.)

6 Section 205. The Revised Uniform Unclaimed Property Act is 
7amended by changing Section 15-705 as follows:

8 (765 ILCS 1026/15-705)
9 Sec. 15-705. Exceptions to the sale of tangible property. 
10The administrator shall dispose of tangible property 
11identified by this Section in accordance with this Section.
12 (a) Military medals or decorations. The administrator may 
13not sell a medal or decoration awarded for military service in 
14the armed forces of the United States. Instead, the 
15administrator, with the consent of the respective organization 
16under paragraph (1), agency under paragraph (2), or entity 
17under paragraph (3), may deliver a medal or decoration to be 
18held in custody for the owner, to:
19  (1) a military veterans organization qualified under 
20 Section 501(c)(19) of the Internal Revenue Code;
21  (2) the agency that awarded the medal or decoration; 
22 or
23  (3) a governmental entity.
24 After delivery, the administrator is not responsible for 
 
 
HB5199- 470 -LRB103 38448 RLC 68584 b


1the safekeeping of the medal or decoration.
2 (b) Property with historical value. Property that the 
3administrator reasonably believes may have historical value 
4may be, at his or her discretion, loaned to an accredited 
5museum in the United States where it will be kept until such 
6time as the administrator orders it to be returned to his or 
7her custody.
8 (c) Human remains. If human remains are delivered to the 
9administrator under this Act, the administrator shall deliver 
10those human remains to the coroner of the county in which the 
11human remains were abandoned for disposition under Section 
123-3034 of the Counties Code. The only human remains that may be 
13delivered to the administrator under this Act and that the 
14administrator may receive are those that are reported and 
15delivered as contents of a safe deposit box.
16 (d) Evidence in a criminal investigation. Property that 
17may have been used in the commission of a crime or that may 
18assist in the investigation of a crime, as determined after 
19consulting with the Illinois State Police, shall be delivered 
20to the Illinois State Police or other appropriate law 
21enforcement authority to allow law enforcement to determine 
22whether a criminal investigation should take place. Any such 
23property delivered to a law enforcement authority shall be 
24held in accordance with existing statutes and rules related to 
25the gathering, retention, and release of evidence.
26 (e) Firearms.
 
 
HB5199- 471 -LRB103 38448 RLC 68584 b


1  (1) The administrator, in cooperation with the 
2 Illinois State Police, shall develop a procedure to 
3 determine whether a firearm delivered to the administrator 
4 under this Act has been stolen or used in the commission of 
5 a crime. The Illinois State Police shall determine the 
6 appropriate disposition of a firearm that has been stolen 
7 or used in the commission of a crime. The administrator 
8 shall attempt to return a firearm that has not been stolen 
9 or used in the commission of a crime to the rightful owner 
10 if the Illinois State Police determines that the owner may 
11 lawfully possess the firearm.
12  (2) If the administrator is unable to return a firearm 
13 to its owner, the administrator shall transfer custody of 
14 the firearm to the Illinois State Police. Legal title to a 
15 firearm transferred to the Illinois State Police under 
16 this subsection (e) is vested in the Illinois State Police 
17 by operation of law if:
18   (i) the administrator cannot locate the owner of 
19 the firearm;
20   (ii) the owner of the firearm may not lawfully 
21 possess the firearm;
22   (iii) the apparent owner does not respond to 
23 notice published under Section 15-503 of this Act; or
24   (iv) the apparent owner responds to notice 
25 published under Section 15-502 and states that he or 
26 she no longer claims an interest in the firearm.
 
 
HB5199- 472 -LRB103 38448 RLC 68584 b


1  (3) With respect to a firearm whose title is 
2 transferred to the Illinois State Police under this 
3 subsection (e), the Illinois State Police may:
4   (i) retain the firearm for use by the crime 
5 laboratory system, for training purposes, or for any 
6 other application as deemed appropriate by the 
7 Department;
8   (ii) transfer the firearm to the Illinois State 
9 Museum if the firearm has historical value; or
10   (iii) destroy the firearm if it is not retained 
11 pursuant to subparagraph (i) or transferred pursuant 
12 to subparagraph (ii).
13 As used in this subsection, "firearm" has the meaning 
14provided in Section 2-7.5 of the Criminal Code of 2012 the 
15Firearm Owners Identification Card Act.
16(Source: P.A. 102-538, eff. 8-20-21.)

17 Section 995. No acceleration or delay. Where this Act 
18makes changes in a statute that is represented in this Act by 
19text that is not yet or no longer in effect (for example, a 
20Section represented by multiple versions), the use of that 
21text does not accelerate or delay the taking effect of (i) the 
22changes made by this Act or (ii) provisions derived from any 
23other Public Act.
 
 
HB5199- 473 -LRB103 38448 RLC 68584 b


1
INDEX

2
Statutes amended in order of appearance

3 5 ILCS 120/2from Ch. 102, par. 42
4 5 ILCS 140/7.5
5 5 ILCS 805/15
6 5 ILCS 830/10-5
7 5 ILCS 840/40
8 20 ILCS 805/805-538
9 20 ILCS 2505/2505-306
10 20 ILCS 2605/2605-10was 20 ILCS 2605/55a in part
11 20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
12 20 ILCS 2605/2605-200was 20 ILCS 2605/55a in part
13 20 ILCS 2605/2605-595
14 20 ILCS 2605/2605-605
15 20 ILCS 2605/2605-304 rep.
16 20 ILCS 2605/2605-610 rep.
17 20 ILCS 2610/17b
18 20 ILCS 2630/2.2
19 20 ILCS 2910/1from Ch. 127 1/2, par. 501
20 20 ILCS 3930/7.9
21 30 ILCS 105/6z-99
22 30 ILCS 105/6z-127
23 30 ILCS 500/1-10
24 30 ILCS 715/3from Ch. 56 1/2, par. 1703
25 50 ILCS 710/1from Ch. 85, par. 515
 
 
HB5199- 474 -LRB103 38448 RLC 68584 b


1 50 ILCS 725/7.2 rep.
2 55 ILCS 5/3-6042
3 105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
4 105 ILCS 5/10-27.1A
5 105 ILCS 5/34-8.05
6 225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
7 225 ILCS 447/35-30
8 225 ILCS 447/35-35
9 230 ILCS 10/5.4
10 405 ILCS 5/1-106from Ch. 91 1/2, par. 1-106
11 405 ILCS 5/1-116from Ch. 91 1/2, par. 1-116
12 405 ILCS 5/6-103.1
13 405 ILCS 5/6-103.2
14 405 ILCS 5/6-103.3
15 410 ILCS 45/2from Ch. 111 1/2, par. 1302
16 430 ILCS 65/Act rep.
17 430 ILCS 66/25
18 430 ILCS 66/30
19 430 ILCS 66/40
20 430 ILCS 66/66
21 430 ILCS 66/70
22 430 ILCS 66/80
23 430 ILCS 66/105
24 430 ILCS 67/35
25 430 ILCS 67/40
26 430 ILCS 68/5-20
 
 
HB5199- 475 -LRB103 38448 RLC 68584 b


1 430 ILCS 68/5-25
2 430 ILCS 68/5-40
3 430 ILCS 68/5-85
4 520 ILCS 5/3.2from Ch. 61, par. 3.2
5 520 ILCS 5/3.2afrom Ch. 61, par. 3.2a
6 625 ILCS 5/2-116from Ch. 95 1/2, par. 2-116
7 720 ILCS 5/2-7.1
8 720 ILCS 5/2-7.5
9 720 ILCS 5/12-3.05was 720 ILCS 5/12-4
10 720 ILCS 5/16-0.1
11 720 ILCS 5/17-30was 720 ILCS 5/16C-2
12 720 ILCS 5/24-1from Ch. 38, par. 24-1
13 720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
14 720 ILCS 5/24-1.6
15 720 ILCS 5/24-1.8
16 720 ILCS 5/24-1.9
17 720 ILCS 5/24-1.10
18 720 ILCS 5/24-2
19 720 ILCS 5/24-3from Ch. 38, par. 24-3
20 720 ILCS 5/24-3.1from Ch. 38, par. 24-3.1
21 720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2
22 720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4
23 720 ILCS 5/24-3.5
24 720 ILCS 5/24-3B
25 720 ILCS 5/24-4.1
26 720 ILCS 5/24-4.5 new
 
 
HB5199- 476 -LRB103 38448 RLC 68584 b