Sen. Dan Kotowski

Filed: 7/15/2013

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1
AMENDMENT TO SENATE BILL 1002
2 AMENDMENT NO. ______. Amend Senate Bill 1002 by replacing
3everything after the enacting clause with the following:
4 "Section 5. The Firearm Concealed Carry Act is amended by
5changing Section 65 as follows:
6 (430 ILCS 66/65)
7 Sec. 65. Prohibited areas.
8 (a) A licensee under this Act shall not knowingly carry a
9firearm on or into:
10 (1) Any building, real property, and parking area under
11 the control of a public or private elementary or secondary
12 school.
13 (2) Any building, real property, and parking area under
14 the control of a pre-school or child care facility,
15 including any room or portion of a building under the
16 control of a pre-school or child care facility. Nothing in

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1 this paragraph shall prevent the operator of a child care
2 facility in a family home from owning or possessing a
3 firearm in the home or license under this Act, if no child
4 under child care at the home is present in the home or the
5 firearm in the home is stored in a locked container when a
6 child under child care at the home is present in the home.
7 (3) Any building, parking area, or portion of a
8 building under the control of an officer of the executive
9 or legislative branch of government, provided that nothing
10 in this paragraph shall prohibit a licensee from carrying a
11 concealed firearm onto the real property, bikeway, or trail
12 in a park regulated by the Department of Natural Resources
13 or any other designated public hunting area or building
14 where firearm possession is permitted as established by the
15 Department of Natural Resources under Section 1.8 of the
16 Wildlife Code.
17 (4) Any building designated for matters before a
18 circuit court, appellate court, or the Supreme Court, or
19 any building or portion of a building under the control of
20 the Supreme Court.
21 (5) Any building or portion of a building under the
22 control of a unit of local government.
23 (6) Any building, real property, and parking area under
24 the control of an adult or juvenile detention or
25 correctional institution, prison, or jail.
26 (7) Any building, real property, and parking area under

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1 the control of a public or private hospital or hospital
2 affiliate, mental health facility, or nursing home.
3 (8) Any bus, train, or form of transportation paid for
4 in whole or in part with public funds, and any building,
5 real property, and parking area under the control of a
6 public transportation facility paid for in whole or in part
7 with public funds.
8 (9) Any building, real property, and parking area under
9 the control of an establishment that serves alcohol on its
10 premises, if more than 50% of the establishment's gross
11 receipts within the prior 3 months is from the sale of
12 alcohol. The owner of an establishment who knowingly fails
13 to prohibit concealed firearms on its premises as provided
14 in this paragraph or who knowingly makes a false statement
15 or record to avoid the prohibition on concealed firearms
16 under this paragraph is subject to the penalty under
17 subsection (c-5) of Section 10-1 of the Liquor Control Act
18 of 1934.
19 (10) Any public gathering or special event conducted on
20 property open to the public that requires the issuance of a
21 permit from the unit of local government, provided this
22 prohibition shall not apply to a licensee who must walk
23 through a public gathering in order to access his or her
24 residence, place of business, or vehicle.
25 (11) Any building or real property that has been issued
26 a Special Event Retailer's license as defined in Section

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1 1-3.17.1 of the Liquor Control Act during the time
2 designated for the sale of alcohol by the Special Event
3 Retailer's license, or a Special use permit license as
4 defined in subsection (q) of Section 5-1 of the Liquor
5 Control Act during the time designated for the sale of
6 alcohol by the Special use permit license.
7 (12) Any public playground.
8 (13) Any public park, athletic area, or athletic
9 facility under the control of a municipality or park
10 district, provided nothing in this Section shall prohibit a
11 licensee from carrying a concealed firearm while on a trail
12 or bikeway if only a portion of the trail or bikeway
13 includes a public park.
14 (14) Any real property under the control of the Cook
15 County Forest Preserve District.
16 (15) Any building, classroom, laboratory, medical
17 clinic, hospital, artistic venue, athletic venue,
18 entertainment venue, officially recognized
19 university-related organization property, whether owned or
20 leased, and any real property, including parking areas,
21 sidewalks, and common areas under the control of a public
22 or private community college, college, or university.
23 (16) Any building, real property, or parking area under
24 the control of a gaming facility licensed under the
25 Riverboat Gambling Act or the Illinois Horse Racing Act of
26 1975, including an inter-track wagering location licensee.

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1 (17) Any stadium, arena, or the real property or
2 parking area under the control of a stadium, arena, or any
3 collegiate or professional sporting event.
4 (18) Any building, real property, or parking area under
5 the control of a public library.
6 (19) Any building, real property, or parking area under
7 the control of an airport.
8 (20) Any building, real property, or parking area under
9 the control of an amusement park.
10 (21) Any building, real property, or parking area under
11 the control of a zoo or museum.
12 (22) Any street, driveway, parking area, property,
13 building, or facility, owned, leased, controlled, or used
14 by a nuclear energy, storage, weapons, or development site
15 or facility regulated by the federal Nuclear Regulatory
16 Commission. The licensee shall not under any circumstance
17 store a firearm or ammunition in his or her vehicle or in a
18 compartment or container within a vehicle located anywhere
19 in or on the street, driveway, parking area, property,
20 building, or facility described in this paragraph.
21 (23) Any area where firearms are prohibited under
22 federal law.
23 (24) Any building, real property, or parking area under
24 the control of a church, synagogue, temple, mosque, or
25 other place of worship.
26 (a-5) Nothing in this Act shall prohibit a public or

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1private community college, college, or university from:
2 (1) prohibiting persons from carrying a firearm within
3 a vehicle owned, leased, or controlled by the college or
4 university;
5 (2) developing resolutions, regulations, or policies
6 regarding student, employee, or visitor misconduct and
7 discipline, including suspension and expulsion;
8 (3) developing resolutions, regulations, or policies
9 regarding the storage or maintenance of firearms, which
10 must include designated areas where persons can park
11 vehicles that carry firearms; and
12 (4) permitting the carrying or use of firearms for the
13 purpose of instruction and curriculum of officially
14 recognized programs, including but not limited to military
15 science and law enforcement training programs, or in any
16 designated area used for hunting purposes or target
17 shooting.
18 (a-10) The owner of private real property of any type may
19prohibit the carrying of concealed firearms on the property
20under his or her control. The owner must post a sign in
21accordance with subsection (d) of this Section indicating that
22firearms are prohibited on the property, unless the property is
23a private residence.
24 (b) Notwithstanding subsections (a), (a-5), and (a-10) of
25this Section except under paragraph (22) or (23) of subsection
26(a), any licensee prohibited from carrying a concealed firearm

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1into the parking area of a prohibited location specified in
2subsection (a), (a-5), or (a-10) of this Section shall be
3permitted to carry a concealed firearm on or about his or her
4person within a vehicle into the parking area and may store a
5firearm or ammunition concealed in a case within a locked
6vehicle or locked container out of plain view within the
7vehicle in the parking area. A licensee may carry a concealed
8firearm in the immediate area surrounding his or her vehicle
9within a prohibited parking lot area only for the limited
10purpose of storing or retrieving a firearm within the vehicle's
11trunk, provided the licensee ensures the concealed firearm is
12unloaded prior to exiting the vehicle. For purposes of this
13subsection, "case" includes a glove compartment or console that
14completely encloses the concealed firearm or ammunition, the
15trunk of the vehicle, or a firearm carrying box, shipping box,
16or other container.
17 (c) A licensee shall not be in violation of this Section
18while he or she is traveling along a public right of way that
19touches or crosses any of the premises under subsection (a),
20(a-5), or (a-10) of this Section if the concealed firearm is
21carried on his or her person in accordance with the provisions
22of this Act or is being transported in a vehicle by the
23licensee in accordance with all other applicable provisions of
24law.
25 (d) Signs stating that the carrying of firearms is
26prohibited shall be clearly and conspicuously posted at the

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1entrance of a building, premises, or real property specified in
2this Section as a prohibited area, unless the building or
3premises is a private residence. Signs shall be of a uniform
4design as established by the Department and shall be 4 inches
5by 6 inches in size. The Department shall adopt rules for
6standardized signs to be used under this subsection.
7(Source: P.A. 98-63, eff. 7-9-13.)".