Illinois 2023-2024 Regular Session

Illinois House Bill HB1089 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1089 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/7.5 5 ILCS 315/4 from Ch. 48, par. 160450 ILCS 705/7 720 ILCS 5/24-2 Creates the Peace Officer Accountability Act. Provides that before a peace officer is permitted to carry a firearm in the unit of government in which he or she is employed, the peace officer must either: (1) live in the unit of government in which he or she serves; or (2) complete 200 hours of specified work or training. Provides that the unit of government shall require each peace officer employed by the unit of government before entering upon the officer's duties to have a liability insurance policy. Provides that the public shall have access to all documents concerning promotions, which documents are subject to disclosure under the Freedom of Information Act. Provides that each peace officer, before discharging his or her duties as a peace officer, shall sign an affidavit declaring that he or she will report all unethical and unlawful conduct of other peace officers immediately to the internal affairs division of the department. Provides that the exclusive representative of a peace officer bargaining unit may not enter into a contract or collective bargaining agreement with the department that permits unconstitutional conduct by peace officers. Amends the Illinois Police Training Act. Provides that the minimum standards for police academies shall include 20 hours of race relations training, acquaintance with the youth residing in the unit of government in which the officers will serve, when discharging a firearm, the avoidance of the use of deadly force except when necessary to protect the life of the officer and on methods of using less than deadly force to disarm a suspect. Provides annual 20 hours of training of peace officers in race relations and constitutional methods of the use of force. Amends various other Acts to make conforming changes. LRB103 04854 RLC 49864 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1089 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: New Act5 ILCS 140/7.5 5 ILCS 315/4 from Ch. 48, par. 160450 ILCS 705/7 720 ILCS 5/24-2 New Act 5 ILCS 140/7.5 5 ILCS 315/4 from Ch. 48, par. 1604 50 ILCS 705/7 720 ILCS 5/24-2 Creates the Peace Officer Accountability Act. Provides that before a peace officer is permitted to carry a firearm in the unit of government in which he or she is employed, the peace officer must either: (1) live in the unit of government in which he or she serves; or (2) complete 200 hours of specified work or training. Provides that the unit of government shall require each peace officer employed by the unit of government before entering upon the officer's duties to have a liability insurance policy. Provides that the public shall have access to all documents concerning promotions, which documents are subject to disclosure under the Freedom of Information Act. Provides that each peace officer, before discharging his or her duties as a peace officer, shall sign an affidavit declaring that he or she will report all unethical and unlawful conduct of other peace officers immediately to the internal affairs division of the department. Provides that the exclusive representative of a peace officer bargaining unit may not enter into a contract or collective bargaining agreement with the department that permits unconstitutional conduct by peace officers. Amends the Illinois Police Training Act. Provides that the minimum standards for police academies shall include 20 hours of race relations training, acquaintance with the youth residing in the unit of government in which the officers will serve, when discharging a firearm, the avoidance of the use of deadly force except when necessary to protect the life of the officer and on methods of using less than deadly force to disarm a suspect. Provides annual 20 hours of training of peace officers in race relations and constitutional methods of the use of force. Amends various other Acts to make conforming changes. LRB103 04854 RLC 49864 b LRB103 04854 RLC 49864 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1089 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
3	3	New Act5 ILCS 140/7.5 5 ILCS 315/4 from Ch. 48, par. 160450 ILCS 705/7 720 ILCS 5/24-2 New Act 5 ILCS 140/7.5 5 ILCS 315/4 from Ch. 48, par. 1604 50 ILCS 705/7 720 ILCS 5/24-2
4	4	New Act
5	5	5 ILCS 140/7.5
6	6	5 ILCS 315/4 from Ch. 48, par. 1604
7	7	50 ILCS 705/7
8	8	720 ILCS 5/24-2
9	9	Creates the Peace Officer Accountability Act. Provides that before a peace officer is permitted to carry a firearm in the unit of government in which he or she is employed, the peace officer must either: (1) live in the unit of government in which he or she serves; or (2) complete 200 hours of specified work or training. Provides that the unit of government shall require each peace officer employed by the unit of government before entering upon the officer's duties to have a liability insurance policy. Provides that the public shall have access to all documents concerning promotions, which documents are subject to disclosure under the Freedom of Information Act. Provides that each peace officer, before discharging his or her duties as a peace officer, shall sign an affidavit declaring that he or she will report all unethical and unlawful conduct of other peace officers immediately to the internal affairs division of the department. Provides that the exclusive representative of a peace officer bargaining unit may not enter into a contract or collective bargaining agreement with the department that permits unconstitutional conduct by peace officers. Amends the Illinois Police Training Act. Provides that the minimum standards for police academies shall include 20 hours of race relations training, acquaintance with the youth residing in the unit of government in which the officers will serve, when discharging a firearm, the avoidance of the use of deadly force except when necessary to protect the life of the officer and on methods of using less than deadly force to disarm a suspect. Provides annual 20 hours of training of peace officers in race relations and constitutional methods of the use of force. Amends various other Acts to make conforming changes.
10	10	LRB103 04854 RLC 49864 b LRB103 04854 RLC 49864 b
11	11	LRB103 04854 RLC 49864 b
12	12	A BILL FOR
13	13	HB1089LRB103 04854 RLC 49864 b HB1089 LRB103 04854 RLC 49864 b
14	14	HB1089 LRB103 04854 RLC 49864 b
15	15	1 AN ACT concerning criminal law.
16	16	2 Be it enacted by the People of the State of Illinois,
17	17	3 represented in the General Assembly:
18	18	4 Section 1. Short title. This Act may be cited as the Peace
19	19	5 Officer Accountability Act.
20	20	6 Section 5. Legislative findings. The General Assembly
21	21	7 finds that:
22	22	8 (1) The United States Department of Justice has found
23	23	9 reasonable cause to believe that the Chicago Police Department
24	24	10 engages in a pattern or practice of using force, including
25	25	11 deadly force, in violation of the Fourth Amendment of the
26	26	12 United States Constitution.
27	27	13 (2) The Department found that Chicago Police Department
28	28	14 officers' practices unnecessarily endanger themselves and
29	29	15 result in unnecessary and avoidable uses of force.
30	30	16 (3) The pattern or practice results from systemic
31	31	17 deficiencies in training and accountability, including the
32	32	18 failure to train officers in de-escalation and the failure to
33	33	19 conduct meaningful investigations of uses of force.
34	34	20 (4) A law codifying the suggestions of the United States
35	35	21 Department of Justice for the Chicago Police Department and
36	36	22 applying to all police departments in this State could aid in
37	37	23 improving those departments.
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39	39
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41	41	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1089 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
42	42	New Act5 ILCS 140/7.5 5 ILCS 315/4 from Ch. 48, par. 160450 ILCS 705/7 720 ILCS 5/24-2 New Act 5 ILCS 140/7.5 5 ILCS 315/4 from Ch. 48, par. 1604 50 ILCS 705/7 720 ILCS 5/24-2
43	43	New Act
44	44	5 ILCS 140/7.5
45	45	5 ILCS 315/4 from Ch. 48, par. 1604
46	46	50 ILCS 705/7
47	47	720 ILCS 5/24-2
48	48	Creates the Peace Officer Accountability Act. Provides that before a peace officer is permitted to carry a firearm in the unit of government in which he or she is employed, the peace officer must either: (1) live in the unit of government in which he or she serves; or (2) complete 200 hours of specified work or training. Provides that the unit of government shall require each peace officer employed by the unit of government before entering upon the officer's duties to have a liability insurance policy. Provides that the public shall have access to all documents concerning promotions, which documents are subject to disclosure under the Freedom of Information Act. Provides that each peace officer, before discharging his or her duties as a peace officer, shall sign an affidavit declaring that he or she will report all unethical and unlawful conduct of other peace officers immediately to the internal affairs division of the department. Provides that the exclusive representative of a peace officer bargaining unit may not enter into a contract or collective bargaining agreement with the department that permits unconstitutional conduct by peace officers. Amends the Illinois Police Training Act. Provides that the minimum standards for police academies shall include 20 hours of race relations training, acquaintance with the youth residing in the unit of government in which the officers will serve, when discharging a firearm, the avoidance of the use of deadly force except when necessary to protect the life of the officer and on methods of using less than deadly force to disarm a suspect. Provides annual 20 hours of training of peace officers in race relations and constitutional methods of the use of force. Amends various other Acts to make conforming changes.
49	49	LRB103 04854 RLC 49864 b LRB103 04854 RLC 49864 b
50	50	LRB103 04854 RLC 49864 b
51	51	A BILL FOR
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56	56
57	57	New Act
58	58	5 ILCS 140/7.5
59	59	5 ILCS 315/4 from Ch. 48, par. 1604
60	60	50 ILCS 705/7
61	61	720 ILCS 5/24-2
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80	80	1 Section 10. Definitions. As used in this Act:
81	81	2 "Department" means a municipal police department or office
82	82	3 of the county sheriff.
83	83	4 "Exclusive representative" has the meaning ascribed to it
84	84	5 in Section 3 of the Illinois Public Labor Relations Act.
85	85	6 "Liability insurance" means insurance on risks based upon
86	86	7 negligence by a peace officer.
87	87	8 "Peace officer" has the meaning ascribed to it in Section
88	88	9 2-13 of the Criminal Code of 2012; except that the term is
89	89	10 limited to peace officers employed by a municipality or county
90	90	11 sheriff.
91	91	12 "Unethical conduct" means non-criminal conduct that
92	92	13 violates department rules or procedures or violates ordinances
93	93	14 concerning peace officer conduct.
94	94	15 "Unit of government" means a municipality with respect to
95	95	16 peace officers employed by the municipality and the county
96	96	17 with respect to peace officers employed by the county sheriff.
97	97	18 "Unlawful conduct" means conduct that violates the penal
98	98	19 statutes of this State or criminal conduct proscribed by
99	99	20 ordinance of the unit of government.
100	100	21 Section 15. Peace officer firearms requirement. Before a
101	101	22 peace officer is permitted to carry a firearm in the unit of
102	102	23 government in which he or she is employed, the peace officer
103	103	24 must either:
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114	114	1 (1) live in the unit of government in which he or she
115	115	2 serves; or
116	116	3 (2) complete either:
117	117	4 (A) 200 hours of volunteer work in the unit of
118	118	5 government in which he or she shall be serving; or
119	119	6 (B) 200 hours of specified training related to the
120	120	7 unit of government in which he or she shall be serving, or
121	121	8 any combination of volunteer work and training.
122	122	9 Section 20. Liability insurance. In addition to the
123	123	10 indemnity provided to peace officers by the unit of government
124	124	11 under Section 5-1002 of the Counties Code or under Section
125	125	12 1-4-5 or 1-4-6 of the Illinois Municipal Code, the unit of
126	126	13 government shall require each peace officer employed by the
127	127	14 unit of government before entering upon the officer's duties
128	128	15 to have a liability insurance policy to indemnify the unit of
129	129	16 government which employs the officer for any negligence
130	130	17 committed by the officer in the performance of his or her
131	131	18 duties.
132	132	19 Section 25. Promotions; transparency. Promotions of peace
133	133	20 officers shall be transparent. The public shall have access to
134	134	21 all documents concerning promotions, which documents are
135	135	22 subject to disclosure under the Freedom of Information Act.
136	136	23 Section 30. Peace officer report of unlawful and unethical
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147	147	1 conduct to internal affairs. Each peace officer, before
148	148	2 discharging his or her duties as a peace officer, shall sign an
149	149	3 affidavit declaring that he or she will report all unethical
150	150	4 and unlawful conduct of other peace officers immediately to
151	151	5 the internal affairs division of the department. The affidavit
152	152	6 shall be a public record subject to disclosure under the
153	153	7 Freedom of Information Act.
154	154	8 Section 35. Unconstitutional contracts and collective
155	155	9 bargaining agreements prohibited. The exclusive representative
156	156	10 of a peace officer bargaining unit may not enter into a
157	157	11 contract or collective bargaining agreement with the
158	158	12 department that permits unconstitutional conduct by peace
159	159	13 officers.
160	160	14 Section 100. The Freedom of Information Act is amended by
161	161	15 changing Section 7.5 as follows:
162	162	16 (5 ILCS 140/7.5)
163	163	17 Sec. 7.5. Statutory exemptions. To the extent provided for
164	164	18 by the statutes referenced below, the following shall be
165	165	19 exempt from inspection and copying:
166	166	20 (a) All information determined to be confidential
167	167	21 under Section 4002 of the Technology Advancement and
168	168	22 Development Act.
169	169	23 (b) Library circulation and order records identifying
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180	180	1 library users with specific materials under the Library
181	181	2 Records Confidentiality Act.
182	182	3 (c) Applications, related documents, and medical
183	183	4 records received by the Experimental Organ Transplantation
184	184	5 Procedures Board and any and all documents or other
185	185	6 records prepared by the Experimental Organ Transplantation
186	186	7 Procedures Board or its staff relating to applications it
187	187	8 has received.
188	188	9 (d) Information and records held by the Department of
189	189	10 Public Health and its authorized representatives relating
190	190	11 to known or suspected cases of sexually transmissible
191	191	12 disease or any information the disclosure of which is
192	192	13 restricted under the Illinois Sexually Transmissible
193	193	14 Disease Control Act.
194	194	15 (e) Information the disclosure of which is exempted
195	195	16 under Section 30 of the Radon Industry Licensing Act.
196	196	17 (f) Firm performance evaluations under Section 55 of
197	197	18 the Architectural, Engineering, and Land Surveying
198	198	19 Qualifications Based Selection Act.
199	199	20 (g) Information the disclosure of which is restricted
200	200	21 and exempted under Section 50 of the Illinois Prepaid
201	201	22 Tuition Act.
202	202	23 (h) Information the disclosure of which is exempted
203	203	24 under the State Officials and Employees Ethics Act, and
204	204	25 records of any lawfully created State or local inspector
205	205	26 general's office that would be exempt if created or
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216	216	1 obtained by an Executive Inspector General's office under
217	217	2 that Act.
218	218	3 (i) Information contained in a local emergency energy
219	219	4 plan submitted to a municipality in accordance with a
220	220	5 local emergency energy plan ordinance that is adopted
221	221	6 under Section 11-21.5-5 of the Illinois Municipal Code.
222	222	7 (j) Information and data concerning the distribution
223	223	8 of surcharge moneys collected and remitted by carriers
224	224	9 under the Emergency Telephone System Act.
225	225	10 (k) Law enforcement officer identification information
226	226	11 or driver identification information compiled by a law
227	227	12 enforcement agency or the Department of Transportation
228	228	13 under Section 11-212 of the Illinois Vehicle Code.
229	229	14 (l) Records and information provided to a residential
230	230	15 health care facility resident sexual assault and death
231	231	16 review team or the Executive Council under the Abuse
232	232	17 Prevention Review Team Act.
233	233	18 (m) Information provided to the predatory lending
234	234	19 database created pursuant to Article 3 of the Residential
235	235	20 Real Property Disclosure Act, except to the extent
236	236	21 authorized under that Article.
237	237	22 (n) Defense budgets and petitions for certification of
238	238	23 compensation and expenses for court appointed trial
239	239	24 counsel as provided under Sections 10 and 15 of the
240	240	25 Capital Crimes Litigation Act. This subsection (n) shall
241	241	26 apply until the conclusion of the trial of the case, even
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252	252	1 if the prosecution chooses not to pursue the death penalty
253	253	2 prior to trial or sentencing.
254	254	3 (o) Information that is prohibited from being
255	255	4 disclosed under Section 4 of the Illinois Health and
256	256	5 Hazardous Substances Registry Act.
257	257	6 (p) Security portions of system safety program plans,
258	258	7 investigation reports, surveys, schedules, lists, data, or
259	259	8 information compiled, collected, or prepared by or for the
260	260	9 Department of Transportation under Sections 2705-300 and
261	261	10 2705-616 of the Department of Transportation Law of the
262	262	11 Civil Administrative Code of Illinois, the Regional
263	263	12 Transportation Authority under Section 2.11 of the
264	264	13 Regional Transportation Authority Act, or the St. Clair
265	265	14 County Transit District under the Bi-State Transit Safety
266	266	15 Act.
267	267	16 (q) Information prohibited from being disclosed by the
268	268	17 Personnel Record Review Act, except information required
269	269	18 to be disclosed under Section 25 of the Peace Officer
270	270	19 Accountability Act.
271	271	20 (r) Information prohibited from being disclosed by the
272	272	21 Illinois School Student Records Act.
273	273	22 (s) Information the disclosure of which is restricted
274	274	23 under Section 5-108 of the Public Utilities Act.
275	275	24 (t) All identified or deidentified health information
276	276	25 in the form of health data or medical records contained
277	277	26 in, stored in, submitted to, transferred by, or released
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288	288	1 from the Illinois Health Information Exchange, and
289	289	2 identified or deidentified health information in the form
290	290	3 of health data and medical records of the Illinois Health
291	291	4 Information Exchange in the possession of the Illinois
292	292	5 Health Information Exchange Office due to its
293	293	6 administration of the Illinois Health Information
294	294	7 Exchange. The terms "identified" and "deidentified" shall
295	295	8 be given the same meaning as in the Health Insurance
296	296	9 Portability and Accountability Act of 1996, Public Law
297	297	10 104-191, or any subsequent amendments thereto, and any
298	298	11 regulations promulgated thereunder.
299	299	12 (u) Records and information provided to an independent
300	300	13 team of experts under the Developmental Disability and
301	301	14 Mental Health Safety Act (also known as Brian's Law).
302	302	15 (v) Names and information of people who have applied
303	303	16 for or received Firearm Owner's Identification Cards under
304	304	17 the Firearm Owners Identification Card Act or applied for
305	305	18 or received a concealed carry license under the Firearm
306	306	19 Concealed Carry Act, unless otherwise authorized by the
307	307	20 Firearm Concealed Carry Act; and databases under the
308	308	21 Firearm Concealed Carry Act, records of the Concealed
309	309	22 Carry Licensing Review Board under the Firearm Concealed
310	310	23 Carry Act, and law enforcement agency objections under the
311	311	24 Firearm Concealed Carry Act.
312	312	25 (v-5) Records of the Firearm Owner's Identification
313	313	26 Card Review Board that are exempted from disclosure under
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324	324	1 Section 10 of the Firearm Owners Identification Card Act.
325	325	2 (w) Personally identifiable information which is
326	326	3 exempted from disclosure under subsection (g) of Section
327	327	4 19.1 of the Toll Highway Act.
328	328	5 (x) Information which is exempted from disclosure
329	329	6 under Section 5-1014.3 of the Counties Code or Section
330	330	7 8-11-21 of the Illinois Municipal Code.
331	331	8 (y) Confidential information under the Adult
332	332	9 Protective Services Act and its predecessor enabling
333	333	10 statute, the Elder Abuse and Neglect Act, including
334	334	11 information about the identity and administrative finding
335	335	12 against any caregiver of a verified and substantiated
336	336	13 decision of abuse, neglect, or financial exploitation of
337	337	14 an eligible adult maintained in the Registry established
338	338	15 under Section 7.5 of the Adult Protective Services Act.
339	339	16 (z) Records and information provided to a fatality
340	340	17 review team or the Illinois Fatality Review Team Advisory
341	341	18 Council under Section 15 of the Adult Protective Services
342	342	19 Act.
343	343	20 (aa) Information which is exempted from disclosure
344	344	21 under Section 2.37 of the Wildlife Code.
345	345	22 (bb) Information which is or was prohibited from
346	346	23 disclosure by the Juvenile Court Act of 1987.
347	347	24 (cc) Recordings made under the Law Enforcement
348	348	25 Officer-Worn Body Camera Act, except to the extent
349	349	26 authorized under that Act.
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360	360	1 (dd) Information that is prohibited from being
361	361	2 disclosed under Section 45 of the Condominium and Common
362	362	3 Interest Community Ombudsperson Act.
363	363	4 (ee) Information that is exempted from disclosure
364	364	5 under Section 30.1 of the Pharmacy Practice Act.
365	365	6 (ff) Information that is exempted from disclosure
366	366	7 under the Revised Uniform Unclaimed Property Act.
367	367	8 (gg) Information that is prohibited from being
368	368	9 disclosed under Section 7-603.5 of the Illinois Vehicle
369	369	10 Code.
370	370	11 (hh) Records that are exempt from disclosure under
371	371	12 Section 1A-16.7 of the Election Code.
372	372	13 (ii) Information which is exempted from disclosure
373	373	14 under Section 2505-800 of the Department of Revenue Law of
374	374	15 the Civil Administrative Code of Illinois.
375	375	16 (jj) Information and reports that are required to be
376	376	17 submitted to the Department of Labor by registering day
377	377	18 and temporary labor service agencies but are exempt from
378	378	19 disclosure under subsection (a-1) of Section 45 of the Day
379	379	20 and Temporary Labor Services Act.
380	380	21 (kk) Information prohibited from disclosure under the
381	381	22 Seizure and Forfeiture Reporting Act.
382	382	23 (ll) Information the disclosure of which is restricted
383	383	24 and exempted under Section 5-30.8 of the Illinois Public
384	384	25 Aid Code.
385	385	26 (mm) Records that are exempt from disclosure under
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396	396	1 Section 4.2 of the Crime Victims Compensation Act.
397	397	2 (nn) Information that is exempt from disclosure under
398	398	3 Section 70 of the Higher Education Student Assistance Act.
399	399	4 (oo) Communications, notes, records, and reports
400	400	5 arising out of a peer support counseling session
401	401	6 prohibited from disclosure under the First Responders
402	402	7 Suicide Prevention Act.
403	403	8 (pp) Names and all identifying information relating to
404	404	9 an employee of an emergency services provider or law
405	405	10 enforcement agency under the First Responders Suicide
406	406	11 Prevention Act.
407	407	12 (qq) Information and records held by the Department of
408	408	13 Public Health and its authorized representatives collected
409	409	14 under the Reproductive Health Act.
410	410	15 (rr) Information that is exempt from disclosure under
411	411	16 the Cannabis Regulation and Tax Act.
412	412	17 (ss) Data reported by an employer to the Department of
413	413	18 Human Rights pursuant to Section 2-108 of the Illinois
414	414	19 Human Rights Act.
415	415	20 (tt) Recordings made under the Children's Advocacy
416	416	21 Center Act, except to the extent authorized under that
417	417	22 Act.
418	418	23 (uu) Information that is exempt from disclosure under
419	419	24 Section 50 of the Sexual Assault Evidence Submission Act.
420	420	25 (vv) Information that is exempt from disclosure under
421	421	26 subsections (f) and (j) of Section 5-36 of the Illinois
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432	432	1 Public Aid Code.
433	433	2 (ww) Information that is exempt from disclosure under
434	434	3 Section 16.8 of the State Treasurer Act.
435	435	4 (xx) Information that is exempt from disclosure or
436	436	5 information that shall not be made public under the
437	437	6 Illinois Insurance Code.
438	438	7 (yy) Information prohibited from being disclosed under
439	439	8 the Illinois Educational Labor Relations Act.
440	440	9 (zz) Information prohibited from being disclosed under
441	441	10 the Illinois Public Labor Relations Act.
442	442	11 (aaa) Information prohibited from being disclosed
443	443	12 under Section 1-167 of the Illinois Pension Code.
444	444	13 (bbb) Information that is prohibited from disclosure
445	445	14 by the Illinois Police Training Act and the Illinois State
446	446	15 Police Act.
447	447	16 (ccc) Records exempt from disclosure under Section
448	448	17 2605-304 of the Illinois State Police Law of the Civil
449	449	18 Administrative Code of Illinois.
450	450	19 (ddd) Information prohibited from being disclosed
451	451	20 under Section 35 of the Address Confidentiality for
452	452	21 Victims of Domestic Violence, Sexual Assault, Human
453	453	22 Trafficking, or Stalking Act.
454	454	23 (eee) Information prohibited from being disclosed
455	455	24 under subsection (b) of Section 75 of the Domestic
456	456	25 Violence Fatality Review Act.
457	457	26 (fff) Images from cameras under the Expressway Camera
458	458
459	459
460	460
461	461
462	462
463	463	HB1089 - 12 - LRB103 04854 RLC 49864 b
464	464
465	465
466	466	HB1089- 13 -LRB103 04854 RLC 49864 b HB1089 - 13 - LRB103 04854 RLC 49864 b
467	467	HB1089 - 13 - LRB103 04854 RLC 49864 b
468	468	1 Act. This subsection (fff) is inoperative on and after
469	469	2 July 1, 2023.
470	470	3 (ggg) (fff) Information prohibited from disclosure
471	471	4 under paragraph (3) of subsection (a) of Section 14 of the
472	472	5 Nurse Agency Licensing Act.
473	473	6 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
474	474	7 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
475	475	8 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
476	476	9 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
477	477	10 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
478	478	11 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
479	479	12 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
480	480	13 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
481	481	14 7-1-22; 102-1042, eff. 6-3-22; revised 8-1-22.)
482	482	15 Section 105. The Illinois Public Labor Relations Act is
483	483	16 amended by changing Section 4 as follows:
484	484	17 (5 ILCS 315/4) (from Ch. 48, par. 1604)
485	485	18 (Text of Section WITHOUT the changes made by P.A. 98-599,
486	486	19 which has been held unconstitutional)
487	487	20 Sec. 4. Management Rights; Unconstitutional Peace Officer
488	488	21 Conduct. Employers shall not be required to bargain over
489	489	22 matters of inherent managerial policy, which shall include
490	490	23 such areas of discretion or policy as the functions of the
491	491	24 employer, standards of services, its overall budget, the
492	492
493	493
494	494
495	495
496	496
497	497	HB1089 - 13 - LRB103 04854 RLC 49864 b
498	498
499	499
500	500	HB1089- 14 -LRB103 04854 RLC 49864 b HB1089 - 14 - LRB103 04854 RLC 49864 b
501	501	HB1089 - 14 - LRB103 04854 RLC 49864 b
502	502	1 organizational structure and selection of new employees,
503	503	2 examination techniques and direction of employees. Employers,
504	504	3 however, shall be required to bargain collectively with regard
505	505	4 to policy matters directly affecting wages, hours and terms
506	506	5 and conditions of employment as well as the impact thereon
507	507	6 upon request by employee representatives.
508	508	7 The exclusive representative of a peace officer unit and
509	509	8 an employer may not bargain over matters that would permit
510	510	9 peace officer conduct that would violate the Constitution of
511	511	10 the United States or this State and any agreement that would
512	512	11 permit peace officer conduct that would violate the
513	513	12 Constitution of the United States or this State is void.
514	514	13 To preserve the rights of employers and exclusive
515	515	14 representatives which have established collective bargaining
516	516	15 relationships or negotiated collective bargaining agreements
517	517	16 prior to the effective date of this Act, employers shall be
518	518	17 required to bargain collectively with regard to any matter
519	519	18 concerning wages, hours or conditions of employment about
520	520	19 which they have bargained for and agreed to in a collective
521	521	20 bargaining agreement prior to the effective date of this Act.
522	522	21 The chief judge of the judicial circuit that employs a
523	523	22 public employee who is a court reporter, as defined in the
524	524	23 Court Reporters Act, has the authority to hire, appoint,
525	525	24 promote, evaluate, discipline, and discharge court reporters
526	526	25 within that judicial circuit.
527	527	26 Nothing in this amendatory Act of the 94th General
528	528
529	529
530	530
531	531
532	532
533	533	HB1089 - 14 - LRB103 04854 RLC 49864 b
534	534
535	535
536	536	HB1089- 15 -LRB103 04854 RLC 49864 b HB1089 - 15 - LRB103 04854 RLC 49864 b
537	537	HB1089 - 15 - LRB103 04854 RLC 49864 b
538	538	1 Assembly shall be construed to intrude upon the judicial
539	539	2 functions of any court. This amendatory Act of the 94th
540	540	3 General Assembly applies only to nonjudicial administrative
541	541	4 matters relating to the collective bargaining rights of court
542	542	5 reporters.
543	543	6 (Source: P.A. 94-98, eff. 7-1-05.)
544	544	7 Section 110. The Illinois Police Training Act is amended
545	545	8 by changing Section 7 as follows:
546	546	9 (50 ILCS 705/7)
547	547	10 (Text of Section before amendment by P.A. 102-982)
548	548	11 Sec. 7. Rules and standards for schools. The Board shall
549	549	12 adopt rules and minimum standards for such schools which shall
550	550	13 include, but not be limited to, the following:
551	551	14 a. The curriculum for probationary law enforcement
552	552	15 officers which shall be offered by all certified schools
553	553	16 shall include, but not be limited to, courses of
554	554	17 procedural justice, arrest and use and control tactics,
555	555	18 search and seizure, including temporary questioning, civil
556	556	19 rights, human rights, human relations, cultural
557	557	20 competency, including implicit bias and racial and ethnic
558	558	21 sensitivity, criminal law, law of criminal procedure,
559	559	22 constitutional and proper use of law enforcement
560	560	23 authority, crisis intervention training, vehicle and
561	561	24 traffic law including uniform and non-discriminatory
562	562
563	563
564	564
565	565
566	566
567	567	HB1089 - 15 - LRB103 04854 RLC 49864 b
568	568
569	569
570	570	HB1089- 16 -LRB103 04854 RLC 49864 b HB1089 - 16 - LRB103 04854 RLC 49864 b
571	571	HB1089 - 16 - LRB103 04854 RLC 49864 b
572	572	1 enforcement of the Illinois Vehicle Code, traffic control
573	573	2 and accident investigation, techniques of obtaining
574	574	3 physical evidence, court testimonies, statements, reports,
575	575	4 firearms training, training in the use of electronic
576	576	5 control devices, including the psychological and
577	577	6 physiological effects of the use of those devices on
578	578	7 humans, first-aid (including cardiopulmonary
579	579	8 resuscitation), training in the administration of opioid
580	580	9 antagonists as defined in paragraph (1) of subsection (e)
581	581	10 of Section 5-23 of the Substance Use Disorder Act,
582	582	11 handling of juvenile offenders, recognition of mental
583	583	12 conditions and crises, including, but not limited to, the
584	584	13 disease of addiction, which require immediate assistance
585	585	14 and response and methods to safeguard and provide
586	586	15 assistance to a person in need of mental treatment,
587	587	16 recognition of abuse, neglect, financial exploitation, and
588	588	17 self-neglect of adults with disabilities and older adults,
589	589	18 as defined in Section 2 of the Adult Protective Services
590	590	19 Act, crimes against the elderly, law of evidence, the
591	591	20 hazards of high-speed police vehicle chases with an
592	592	21 emphasis on alternatives to the high-speed chase, and
593	593	22 physical training. The curriculum shall include specific
594	594	23 training in techniques for immediate response to and
595	595	24 investigation of cases of domestic violence and of sexual
596	596	25 assault of adults and children, including cultural
597	597	26 perceptions and common myths of sexual assault and sexual
598	598
599	599
600	600
601	601
602	602
603	603	HB1089 - 16 - LRB103 04854 RLC 49864 b
604	604
605	605
606	606	HB1089- 17 -LRB103 04854 RLC 49864 b HB1089 - 17 - LRB103 04854 RLC 49864 b
607	607	HB1089 - 17 - LRB103 04854 RLC 49864 b
608	608	1 abuse as well as interview techniques that are age
609	609	2 sensitive and are trauma informed, victim centered, and
610	610	3 victim sensitive. The curriculum shall include training in
611	611	4 techniques designed to promote effective communication at
612	612	5 the initial contact with crime victims and ways to
613	613	6 comprehensively explain to victims and witnesses their
614	614	7 rights under the Rights of Crime Victims and Witnesses Act
615	615	8 and the Crime Victims Compensation Act. The curriculum
616	616	9 shall also include training in effective recognition of
617	617	10 and responses to stress, trauma, and post-traumatic stress
618	618	11 experienced by law enforcement officers that is consistent
619	619	12 with Section 25 of the Illinois Mental Health First Aid
620	620	13 Training Act in a peer setting, including recognizing
621	621	14 signs and symptoms of work-related cumulative stress,
622	622	15 issues that may lead to suicide, and solutions for
623	623	16 intervention with peer support resources. The curriculum
624	624	17 shall include a block of instruction addressing the
625	625	18 mandatory reporting requirements under the Abused and
626	626	19 Neglected Child Reporting Act. The curriculum shall also
627	627	20 include a block of instruction aimed at identifying and
628	628	21 interacting with persons with autism and other
629	629	22 developmental or physical disabilities, reducing barriers
630	630	23 to reporting crimes against persons with autism, and
631	631	24 addressing the unique challenges presented by cases
632	632	25 involving victims or witnesses with autism and other
633	633	26 developmental disabilities. The curriculum shall include
634	634
635	635
636	636
637	637
638	638
639	639	HB1089 - 17 - LRB103 04854 RLC 49864 b
640	640
641	641
642	642	HB1089- 18 -LRB103 04854 RLC 49864 b HB1089 - 18 - LRB103 04854 RLC 49864 b
643	643	HB1089 - 18 - LRB103 04854 RLC 49864 b
644	644	1 training in the detection and investigation of all forms
645	645	2 of human trafficking. The curriculum shall also include
646	646	3 instruction in trauma-informed responses designed to
647	647	4 ensure the physical safety and well-being of a child of an
648	648	5 arrested parent or immediate family member; this
649	649	6 instruction must include, but is not limited to: (1)
650	650	7 understanding the trauma experienced by the child while
651	651	8 maintaining the integrity of the arrest and safety of
652	652	9 officers, suspects, and other involved individuals; (2)
653	653	10 de-escalation tactics that would include the use of force
654	654	11 when reasonably necessary; and (3) inquiring whether a
655	655	12 child will require supervision and care. The curriculum
656	656	13 for probationary law enforcement officers shall include:
657	657	14 (1) at least 12 hours of hands-on, scenario-based
658	658	15 role-playing; (2) at least 6 hours of instruction on use
659	659	16 of force techniques, including the use of de-escalation
660	660	17 techniques to prevent or reduce the need for force
661	661	18 whenever safe and feasible; (3) specific training on
662	662	19 officer safety techniques, including cover, concealment,
663	663	20 and time; and (4) at least 6 hours of training focused on
664	664	21 high-risk traffic stops. The curriculum for permanent law
665	665	22 enforcement officers shall include, but not be limited to:
666	666	23 (1) refresher and in-service training in any of the
667	667	24 courses listed above in this subparagraph, (2) advanced
668	668	25 courses in any of the subjects listed above in this
669	669	26 subparagraph, (3) training for supervisory personnel, and
670	670
671	671
672	672
673	673
674	674
675	675	HB1089 - 18 - LRB103 04854 RLC 49864 b
676	676
677	677
678	678	HB1089- 19 -LRB103 04854 RLC 49864 b HB1089 - 19 - LRB103 04854 RLC 49864 b
679	679	HB1089 - 19 - LRB103 04854 RLC 49864 b
680	680	1 (4) specialized training in subjects and fields to be
681	681	2 selected by the board. The training in the use of
682	682	3 electronic control devices shall be conducted for
683	683	4 probationary law enforcement officers, including
684	684	5 University police officers. The curriculum shall also
685	685	6 include training on the use of a firearms restraining
686	686	7 order by providing instruction on the process used to file
687	687	8 a firearms restraining order and how to identify
688	688	9 situations in which a firearms restraining order is
689	689	10 appropriate.
690	690	11 b. Minimum courses of study, attendance requirements
691	691	12 and equipment requirements.
692	692	13 c. Minimum requirements for instructors.
693	693	14 d. Minimum basic training requirements, which a
694	694	15 probationary law enforcement officer must satisfactorily
695	695	16 complete before being eligible for permanent employment as
696	696	17 a local law enforcement officer for a participating local
697	697	18 governmental or State governmental agency. Those
698	698	19 requirements shall include training in first aid
699	699	20 (including cardiopulmonary resuscitation).
700	700	21 e. Minimum basic training requirements, which a
701	701	22 probationary county corrections officer must
702	702	23 satisfactorily complete before being eligible for
703	703	24 permanent employment as a county corrections officer for a
704	704	25 participating local governmental agency.
705	705	26 f. Minimum basic training requirements which a
706	706
707	707
708	708
709	709
710	710
711	711	HB1089 - 19 - LRB103 04854 RLC 49864 b
712	712
713	713
714	714	HB1089- 20 -LRB103 04854 RLC 49864 b HB1089 - 20 - LRB103 04854 RLC 49864 b
715	715	HB1089 - 20 - LRB103 04854 RLC 49864 b
716	716	1 probationary court security officer must satisfactorily
717	717	2 complete before being eligible for permanent employment as
718	718	3 a court security officer for a participating local
719	719	4 governmental agency. The Board shall establish those
720	720	5 training requirements which it considers appropriate for
721	721	6 court security officers and shall certify schools to
722	722	7 conduct that training.
723	723	8 A person hired to serve as a court security officer
724	724	9 must obtain from the Board a certificate (i) attesting to
725	725	10 the officer's successful completion of the training
726	726	11 course; (ii) attesting to the officer's satisfactory
727	727	12 completion of a training program of similar content and
728	728	13 number of hours that has been found acceptable by the
729	729	14 Board under the provisions of this Act; or (iii) attesting
730	730	15 to the Board's determination that the training course is
731	731	16 unnecessary because of the person's extensive prior law
732	732	17 enforcement experience.
733	733	18 Individuals who currently serve as court security
734	734	19 officers shall be deemed qualified to continue to serve in
735	735	20 that capacity so long as they are certified as provided by
736	736	21 this Act within 24 months of June 1, 1997 (the effective
737	737	22 date of Public Act 89-685). Failure to be so certified,
738	738	23 absent a waiver from the Board, shall cause the officer to
739	739	24 forfeit his or her position.
740	740	25 All individuals hired as court security officers on or
741	741	26 after June 1, 1997 (the effective date of Public Act
742	742
743	743
744	744
745	745
746	746
747	747	HB1089 - 20 - LRB103 04854 RLC 49864 b
748	748
749	749
750	750	HB1089- 21 -LRB103 04854 RLC 49864 b HB1089 - 21 - LRB103 04854 RLC 49864 b
751	751	HB1089 - 21 - LRB103 04854 RLC 49864 b
752	752	1 89-685) shall be certified within 12 months of the date of
753	753	2 their hire, unless a waiver has been obtained by the
754	754	3 Board, or they shall forfeit their positions.
755	755	4 The Sheriff's Merit Commission, if one exists, or the
756	756	5 Sheriff's Office if there is no Sheriff's Merit
757	757	6 Commission, shall maintain a list of all individuals who
758	758	7 have filed applications to become court security officers
759	759	8 and who meet the eligibility requirements established
760	760	9 under this Act. Either the Sheriff's Merit Commission, or
761	761	10 the Sheriff's Office if no Sheriff's Merit Commission
762	762	11 exists, shall establish a schedule of reasonable intervals
763	763	12 for verification of the applicants' qualifications under
764	764	13 this Act and as established by the Board.
765	765	14 g. Minimum in-service training requirements, which a
766	766	15 law enforcement officer must satisfactorily complete every
767	767	16 3 years. Those requirements shall include constitutional
768	768	17 and proper use of law enforcement authority, procedural
769	769	18 justice, civil rights, human rights, reporting child abuse
770	770	19 and neglect, and cultural competency, including implicit
771	771	20 bias and racial and ethnic sensitivity. These trainings
772	772	21 shall consist of at least 30 hours of training every 3
773	773	22 years.
774	774	23 h. Minimum in-service training requirements, which a
775	775	24 law enforcement officer must satisfactorily complete at
776	776	25 least annually. Those requirements shall include law
777	777	26 updates, emergency medical response training and
778	778
779	779
780	780
781	781
782	782
783	783	HB1089 - 21 - LRB103 04854 RLC 49864 b
784	784
785	785
786	786	HB1089- 22 -LRB103 04854 RLC 49864 b HB1089 - 22 - LRB103 04854 RLC 49864 b
787	787	HB1089 - 22 - LRB103 04854 RLC 49864 b
788	788	1 certification, crisis intervention training, and officer
789	789	2 wellness and mental health.
790	790	3 i. Minimum in-service training requirements as set
791	791	4 forth in Section 10.6.
792	792	5 The amendatory changes to this Section made by Public Act
793	793	6 101-652 shall take effect January 1, 2022.
794	794	7 Notwithstanding any provision of law to the contrary, the
795	795	8 changes made to this Section by this amendatory Act of the
796	796	9 102nd General Assembly, Public Act 101-652, and Public Act
797	797	10 102-28 take effect July 1, 2022.
798	798	11 (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
799	799	12 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
800	800	13 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
801	801	14 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
802	802	15 1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
803	803	16 eff. 8-20-21; 102-694, eff. 1-7-22; revised 8-11-22.)
804	804	17 (Text of Section after amendment by P.A. 102-982)
805	805	18 Sec. 7. Rules and standards for schools. The Board shall
806	806	19 adopt rules and minimum standards for such schools which shall
807	807	20 include, but not be limited to, the following:
808	808	21 a. The curriculum for probationary law enforcement
809	809	22 officers which shall be offered by all certified schools
810	810	23 shall include, but not be limited to, courses of
811	811	24 procedural justice, arrest and use and control tactics,
812	812	25 search and seizure, including temporary questioning, civil
813	813
814	814
815	815
816	816
817	817
818	818	HB1089 - 22 - LRB103 04854 RLC 49864 b
819	819
820	820
821	821	HB1089- 23 -LRB103 04854 RLC 49864 b HB1089 - 23 - LRB103 04854 RLC 49864 b
822	822	HB1089 - 23 - LRB103 04854 RLC 49864 b
823	823	1 rights, human rights, human relations, cultural
824	824	2 competency, including implicit bias and racial and ethnic
825	825	3 sensitivity, 20 hours of race relations training,
826	826	4 acquaintance with the youth residing in the unit of
827	827	5 government in which the officers will serve, when
828	828	6 discharging a firearm, the avoidance of the use of deadly
829	829	7 force except when necessary to protect the life of the
830	830	8 officer and on methods of using less than deadly force to
831	831	9 disarm a suspect, criminal law, law of criminal procedure,
832	832	10 constitutional and proper use of law enforcement
833	833	11 authority, crisis intervention training, vehicle and
834	834	12 traffic law including uniform and non-discriminatory
835	835	13 enforcement of the Illinois Vehicle Code, traffic control
836	836	14 and crash investigation, techniques of obtaining physical
837	837	15 evidence, court testimonies, statements, reports, firearms
838	838	16 training, training in the use of electronic control
839	839	17 devices, including the psychological and physiological
840	840	18 effects of the use of those devices on humans, first-aid
841	841	19 (including cardiopulmonary resuscitation), training in the
842	842	20 administration of opioid antagonists as defined in
843	843	21 paragraph (1) of subsection (e) of Section 5-23 of the
844	844	22 Substance Use Disorder Act, handling of juvenile
845	845	23 offenders, recognition of mental conditions and crises,
846	846	24 including, but not limited to, the disease of addiction,
847	847	25 which require immediate assistance and response and
848	848	26 methods to safeguard and provide assistance to a person in
849	849
850	850
851	851
852	852
853	853
854	854	HB1089 - 23 - LRB103 04854 RLC 49864 b
855	855
856	856
857	857	HB1089- 24 -LRB103 04854 RLC 49864 b HB1089 - 24 - LRB103 04854 RLC 49864 b
858	858	HB1089 - 24 - LRB103 04854 RLC 49864 b
859	859	1 need of mental treatment, recognition of abuse, neglect,
860	860	2 financial exploitation, and self-neglect of adults with
861	861	3 disabilities and older adults, as defined in Section 2 of
862	862	4 the Adult Protective Services Act, crimes against the
863	863	5 elderly, law of evidence, the hazards of high-speed police
864	864	6 vehicle chases with an emphasis on alternatives to the
865	865	7 high-speed chase, and physical training. The curriculum
866	866	8 shall include specific training in techniques for
867	867	9 immediate response to and investigation of cases of
868	868	10 domestic violence and of sexual assault of adults and
869	869	11 children, including cultural perceptions and common myths
870	870	12 of sexual assault and sexual abuse as well as interview
871	871	13 techniques that are age sensitive and are trauma informed,
872	872	14 victim centered, and victim sensitive. The curriculum
873	873	15 shall include training in techniques designed to promote
874	874	16 effective communication at the initial contact with crime
875	875	17 victims and ways to comprehensively explain to victims and
876	876	18 witnesses their rights under the Rights of Crime Victims
877	877	19 and Witnesses Act and the Crime Victims Compensation Act.
878	878	20 The curriculum shall also include training in effective
879	879	21 recognition of and responses to stress, trauma, and
880	880	22 post-traumatic stress experienced by law enforcement
881	881	23 officers that is consistent with Section 25 of the
882	882	24 Illinois Mental Health First Aid Training Act in a peer
883	883	25 setting, including recognizing signs and symptoms of
884	884	26 work-related cumulative stress, issues that may lead to
885	885
886	886
887	887
888	888
889	889
890	890	HB1089 - 24 - LRB103 04854 RLC 49864 b
891	891
892	892
893	893	HB1089- 25 -LRB103 04854 RLC 49864 b HB1089 - 25 - LRB103 04854 RLC 49864 b
894	894	HB1089 - 25 - LRB103 04854 RLC 49864 b
895	895	1 suicide, and solutions for intervention with peer support
896	896	2 resources. The curriculum shall include a block of
897	897	3 instruction addressing the mandatory reporting
898	898	4 requirements under the Abused and Neglected Child
899	899	5 Reporting Act. The curriculum shall also include a block
900	900	6 of instruction aimed at identifying and interacting with
901	901	7 persons with autism and other developmental or physical
902	902	8 disabilities, reducing barriers to reporting crimes
903	903	9 against persons with autism, and addressing the unique
904	904	10 challenges presented by cases involving victims or
905	905	11 witnesses with autism and other developmental
906	906	12 disabilities. The curriculum shall include training in the
907	907	13 detection and investigation of all forms of human
908	908	14 trafficking. The curriculum shall also include instruction
909	909	15 in trauma-informed responses designed to ensure the
910	910	16 physical safety and well-being of a child of an arrested
911	911	17 parent or immediate family member; this instruction must
912	912	18 include, but is not limited to: (1) understanding the
913	913	19 trauma experienced by the child while maintaining the
914	914	20 integrity of the arrest and safety of officers, suspects,
915	915	21 and other involved individuals; (2) de-escalation tactics
916	916	22 that would include the use of force when reasonably
917	917	23 necessary; and (3) inquiring whether a child will require
918	918	24 supervision and care. The curriculum for probationary law
919	919	25 enforcement officers shall include: (1) at least 12 hours
920	920	26 of hands-on, scenario-based role-playing; (2) at least 6
921	921
922	922
923	923
924	924
925	925
926	926	HB1089 - 25 - LRB103 04854 RLC 49864 b
927	927
928	928
929	929	HB1089- 26 -LRB103 04854 RLC 49864 b HB1089 - 26 - LRB103 04854 RLC 49864 b
930	930	HB1089 - 26 - LRB103 04854 RLC 49864 b
931	931	1 hours of instruction on use of force techniques, including
932	932	2 the use of de-escalation techniques to prevent or reduce
933	933	3 the need for force whenever safe and feasible; (3)
934	934	4 specific training on officer safety techniques, including
935	935	5 cover, concealment, and time; and (4) at least 6 hours of
936	936	6 training focused on high-risk traffic stops. The
937	937	7 curriculum for permanent law enforcement officers shall
938	938	8 include, but not be limited to: (1) refresher and
939	939	9 in-service training in any of the courses listed above in
940	940	10 this subparagraph, (2) advanced courses in any of the
941	941	11 subjects listed above in this subparagraph, (3) training
942	942	12 for supervisory personnel, and (4) specialized training in
943	943	13 subjects and fields to be selected by the board. The
944	944	14 training in the use of electronic control devices shall be
945	945	15 conducted for probationary law enforcement officers,
946	946	16 including University police officers. The curriculum shall
947	947	17 also include training on the use of a firearms restraining
948	948	18 order by providing instruction on the process used to file
949	949	19 a firearms restraining order and how to identify
950	950	20 situations in which a firearms restraining order is
951	951	21 appropriate.
952	952	22 b. Minimum courses of study, attendance requirements
953	953	23 and equipment requirements.
954	954	24 c. Minimum requirements for instructors.
955	955	25 d. Minimum basic training requirements, which a
956	956	26 probationary law enforcement officer must satisfactorily
957	957
958	958
959	959
960	960
961	961
962	962	HB1089 - 26 - LRB103 04854 RLC 49864 b
963	963
964	964
965	965	HB1089- 27 -LRB103 04854 RLC 49864 b HB1089 - 27 - LRB103 04854 RLC 49864 b
966	966	HB1089 - 27 - LRB103 04854 RLC 49864 b
967	967	1 complete before being eligible for permanent employment as
968	968	2 a local law enforcement officer for a participating local
969	969	3 governmental or State governmental agency. Those
970	970	4 requirements shall include training in first aid
971	971	5 (including cardiopulmonary resuscitation).
972	972	6 e. Minimum basic training requirements, which a
973	973	7 probationary county corrections officer must
974	974	8 satisfactorily complete before being eligible for
975	975	9 permanent employment as a county corrections officer for a
976	976	10 participating local governmental agency.
977	977	11 f. Minimum basic training requirements which a
978	978	12 probationary court security officer must satisfactorily
979	979	13 complete before being eligible for permanent employment as
980	980	14 a court security officer for a participating local
981	981	15 governmental agency. The Board shall establish those
982	982	16 training requirements which it considers appropriate for
983	983	17 court security officers and shall certify schools to
984	984	18 conduct that training.
985	985	19 A person hired to serve as a court security officer
986	986	20 must obtain from the Board a certificate (i) attesting to
987	987	21 the officer's successful completion of the training
988	988	22 course; (ii) attesting to the officer's satisfactory
989	989	23 completion of a training program of similar content and
990	990	24 number of hours that has been found acceptable by the
991	991	25 Board under the provisions of this Act; or (iii) attesting
992	992	26 to the Board's determination that the training course is
993	993
994	994
995	995
996	996
997	997
998	998	HB1089 - 27 - LRB103 04854 RLC 49864 b
999	999
1000	1000
1001	1001	HB1089- 28 -LRB103 04854 RLC 49864 b HB1089 - 28 - LRB103 04854 RLC 49864 b
1002	1002	HB1089 - 28 - LRB103 04854 RLC 49864 b
1003	1003	1 unnecessary because of the person's extensive prior law
1004	1004	2 enforcement experience.
1005	1005	3 Individuals who currently serve as court security
1006	1006	4 officers shall be deemed qualified to continue to serve in
1007	1007	5 that capacity so long as they are certified as provided by
1008	1008	6 this Act within 24 months of June 1, 1997 (the effective
1009	1009	7 date of Public Act 89-685). Failure to be so certified,
1010	1010	8 absent a waiver from the Board, shall cause the officer to
1011	1011	9 forfeit his or her position.
1012	1012	10 All individuals hired as court security officers on or
1013	1013	11 after June 1, 1997 (the effective date of Public Act
1014	1014	12 89-685) shall be certified within 12 months of the date of
1015	1015	13 their hire, unless a waiver has been obtained by the
1016	1016	14 Board, or they shall forfeit their positions.
1017	1017	15 The Sheriff's Merit Commission, if one exists, or the
1018	1018	16 Sheriff's Office if there is no Sheriff's Merit
1019	1019	17 Commission, shall maintain a list of all individuals who
1020	1020	18 have filed applications to become court security officers
1021	1021	19 and who meet the eligibility requirements established
1022	1022	20 under this Act. Either the Sheriff's Merit Commission, or
1023	1023	21 the Sheriff's Office if no Sheriff's Merit Commission
1024	1024	22 exists, shall establish a schedule of reasonable intervals
1025	1025	23 for verification of the applicants' qualifications under
1026	1026	24 this Act and as established by the Board.
1027	1027	25 g. Minimum in-service training requirements, which a
1028	1028	26 law enforcement officer must satisfactorily complete every
1029	1029
1030	1030
1031	1031
1032	1032
1033	1033
1034	1034	HB1089 - 28 - LRB103 04854 RLC 49864 b
1035	1035
1036	1036
1037	1037	HB1089- 29 -LRB103 04854 RLC 49864 b HB1089 - 29 - LRB103 04854 RLC 49864 b
1038	1038	HB1089 - 29 - LRB103 04854 RLC 49864 b
1039	1039	1 3 years. Those requirements shall include constitutional
1040	1040	2 and proper use of law enforcement authority, procedural
1041	1041	3 justice, civil rights, human rights, reporting child abuse
1042	1042	4 and neglect, and cultural competency, including implicit
1043	1043	5 bias and racial and ethnic sensitivity. These trainings
1044	1044	6 shall consist of at least 30 hours of training every 3
1045	1045	7 years.
1046	1046	8 h. Minimum in-service training requirements, which a
1047	1047	9 law enforcement officer must satisfactorily complete at
1048	1048	10 least annually. Those requirements shall include 20 hours
1049	1049	11 of race relations training, constitutional methods of the
1050	1050	12 use of force, law updates, emergency medical response
1051	1051	13 training and certification, crisis intervention training,
1052	1052	14 and officer wellness and mental health.
1053	1053	15 i. Minimum in-service training requirements as set
1054	1054	16 forth in Section 10.6.
1055	1055	17 The amendatory changes to this Section made by Public Act
1056	1056	18 101-652 shall take effect January 1, 2022.
1057	1057	19 Notwithstanding any provision of law to the contrary, the
1058	1058	20 changes made to this Section by this amendatory Act of the
1059	1059	21 102nd General Assembly, Public Act 101-652, and Public Act
1060	1060	22 102-28, and Public Act 102-694 take effect July 1, 2022.
1061	1061	23 (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
1062	1062	24 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
1063	1063	25 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
1064	1064	26 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
1065	1065
1066	1066
1067	1067
1068	1068
1069	1069
1070	1070	HB1089 - 29 - LRB103 04854 RLC 49864 b
1071	1071
1072	1072
1073	1073	HB1089- 30 -LRB103 04854 RLC 49864 b HB1089 - 30 - LRB103 04854 RLC 49864 b
1074	1074	HB1089 - 30 - LRB103 04854 RLC 49864 b
1075	1075	1 1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
1076	1076	2 eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff. 7-1-23;
1077	1077	3 revised 8-11-22.)
1078	1078	4 Section 115. The Criminal Code of 2012 is amended by
1079	1079	5 changing Section 24-2 as follows:
1080	1080	6 (720 ILCS 5/24-2)
1081	1081	7 Sec. 24-2. Exemptions.
1082	1082	8 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1083	1083	9 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
1084	1084	10 the following:
1085	1085	11 (1) Peace officers, and any person summoned by a peace
1086	1086	12 officer to assist in making arrests or preserving the
1087	1087	13 peace, while actually engaged in assisting such officer,
1088	1088	14 subject to the provisions of Section 15 of the Peace
1089	1089	15 Officer Accountability Act.
1090	1090	16 (2) Wardens, superintendents and keepers of prisons,
1091	1091	17 penitentiaries, jails and other institutions for the
1092	1092	18 detention of persons accused or convicted of an offense,
1093	1093	19 while in the performance of their official duty, or while
1094	1094	20 commuting between their homes and places of employment.
1095	1095	21 (3) Members of the Armed Services or Reserve Forces of
1096	1096	22 the United States or the Illinois National Guard or the
1097	1097	23 Reserve Officers Training Corps, while in the performance
1098	1098	24 of their official duty.
1099	1099
1100	1100
1101	1101
1102	1102
1103	1103
1104	1104	HB1089 - 30 - LRB103 04854 RLC 49864 b
1105	1105
1106	1106
1107	1107	HB1089- 31 -LRB103 04854 RLC 49864 b HB1089 - 31 - LRB103 04854 RLC 49864 b
1108	1108	HB1089 - 31 - LRB103 04854 RLC 49864 b
1109	1109	1 (4) Special agents employed by a railroad or a public
1110	1110	2 utility to perform police functions, and guards of armored
1111	1111	3 car companies, while actually engaged in the performance
1112	1112	4 of the duties of their employment or commuting between
1113	1113	5 their homes and places of employment; and watchmen while
1114	1114	6 actually engaged in the performance of the duties of their
1115	1115	7 employment.
1116	1116	8 (5) Persons licensed as private security contractors,
1117	1117	9 private detectives, or private alarm contractors, or
1118	1118	10 employed by a private security contractor, private
1119	1119	11 detective, or private alarm contractor agency licensed by
1120	1120	12 the Department of Financial and Professional Regulation,
1121	1121	13 if their duties include the carrying of a weapon under the
1122	1122	14 provisions of the Private Detective, Private Alarm,
1123	1123	15 Private Security, Fingerprint Vendor, and Locksmith Act of
1124	1124	16 2004, while actually engaged in the performance of the
1125	1125	17 duties of their employment or commuting between their
1126	1126	18 homes and places of employment. A person shall be
1127	1127	19 considered eligible for this exemption if he or she has
1128	1128	20 completed the required 20 hours of training for a private
1129	1129	21 security contractor, private detective, or private alarm
1130	1130	22 contractor, or employee of a licensed private security
1131	1131	23 contractor, private detective, or private alarm contractor
1132	1132	24 agency and 28 hours of required firearm training, and has
1133	1133	25 been issued a firearm control card by the Department of
1134	1134	26 Financial and Professional Regulation. Conditions for the
1135	1135
1136	1136
1137	1137
1138	1138
1139	1139
1140	1140	HB1089 - 31 - LRB103 04854 RLC 49864 b
1141	1141
1142	1142
1143	1143	HB1089- 32 -LRB103 04854 RLC 49864 b HB1089 - 32 - LRB103 04854 RLC 49864 b
1144	1144	HB1089 - 32 - LRB103 04854 RLC 49864 b
1145	1145	1 renewal of firearm control cards issued under the
1146	1146	2 provisions of this Section shall be the same as for those
1147	1147	3 cards issued under the provisions of the Private
1148	1148	4 Detective, Private Alarm, Private Security, Fingerprint
1149	1149	5 Vendor, and Locksmith Act of 2004. The firearm control
1150	1150	6 card shall be carried by the private security contractor,
1151	1151	7 private detective, or private alarm contractor, or
1152	1152	8 employee of the licensed private security contractor,
1153	1153	9 private detective, or private alarm contractor agency at
1154	1154	10 all times when he or she is in possession of a concealable
1155	1155	11 weapon permitted by his or her firearm control card.
1156	1156	12 (6) Any person regularly employed in a commercial or
1157	1157	13 industrial operation as a security guard for the
1158	1158	14 protection of persons employed and private property
1159	1159	15 related to such commercial or industrial operation, while
1160	1160	16 actually engaged in the performance of his or her duty or
1161	1161	17 traveling between sites or properties belonging to the
1162	1162	18 employer, and who, as a security guard, is a member of a
1163	1163	19 security force registered with the Department of Financial
1164	1164	20 and Professional Regulation; provided that such security
1165	1165	21 guard has successfully completed a course of study,
1166	1166	22 approved by and supervised by the Department of Financial
1167	1167	23 and Professional Regulation, consisting of not less than
1168	1168	24 48 hours of training that includes the theory of law
1169	1169	25 enforcement, liability for acts, and the handling of
1170	1170	26 weapons. A person shall be considered eligible for this
1171	1171
1172	1172
1173	1173
1174	1174
1175	1175
1176	1176	HB1089 - 32 - LRB103 04854 RLC 49864 b
1177	1177
1178	1178
1179	1179	HB1089- 33 -LRB103 04854 RLC 49864 b HB1089 - 33 - LRB103 04854 RLC 49864 b
1180	1180	HB1089 - 33 - LRB103 04854 RLC 49864 b
1181	1181	1 exemption if he or she has completed the required 20 hours
1182	1182	2 of training for a security officer and 28 hours of
1183	1183	3 required firearm training, and has been issued a firearm
1184	1184	4 control card by the Department of Financial and
1185	1185	5 Professional Regulation. Conditions for the renewal of
1186	1186	6 firearm control cards issued under the provisions of this
1187	1187	7 Section shall be the same as for those cards issued under
1188	1188	8 the provisions of the Private Detective, Private Alarm,
1189	1189	9 Private Security, Fingerprint Vendor, and Locksmith Act of
1190	1190	10 2004. The firearm control card shall be carried by the
1191	1191	11 security guard at all times when he or she is in possession
1192	1192	12 of a concealable weapon permitted by his or her firearm
1193	1193	13 control card.
1194	1194	14 (7) Agents and investigators of the Illinois
1195	1195	15 Legislative Investigating Commission authorized by the
1196	1196	16 Commission to carry the weapons specified in subsections
1197	1197	17 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
1198	1198	18 any investigation for the Commission.
1199	1199	19 (8) Persons employed by a financial institution as a
1200	1200	20 security guard for the protection of other employees and
1201	1201	21 property related to such financial institution, while
1202	1202	22 actually engaged in the performance of their duties,
1203	1203	23 commuting between their homes and places of employment, or
1204	1204	24 traveling between sites or properties owned or operated by
1205	1205	25 such financial institution, and who, as a security guard,
1206	1206	26 is a member of a security force registered with the
1207	1207
1208	1208
1209	1209
1210	1210
1211	1211
1212	1212	HB1089 - 33 - LRB103 04854 RLC 49864 b
1213	1213
1214	1214
1215	1215	HB1089- 34 -LRB103 04854 RLC 49864 b HB1089 - 34 - LRB103 04854 RLC 49864 b
1216	1216	HB1089 - 34 - LRB103 04854 RLC 49864 b
1217	1217	1 Department; provided that any person so employed has
1218	1218	2 successfully completed a course of study, approved by and
1219	1219	3 supervised by the Department of Financial and Professional
1220	1220	4 Regulation, consisting of not less than 48 hours of
1221	1221	5 training which includes theory of law enforcement,
1222	1222	6 liability for acts, and the handling of weapons. A person
1223	1223	7 shall be considered to be eligible for this exemption if
1224	1224	8 he or she has completed the required 20 hours of training
1225	1225	9 for a security officer and 28 hours of required firearm
1226	1226	10 training, and has been issued a firearm control card by
1227	1227	11 the Department of Financial and Professional Regulation.
1228	1228	12 Conditions for renewal of firearm control cards issued
1229	1229	13 under the provisions of this Section shall be the same as
1230	1230	14 for those issued under the provisions of the Private
1231	1231	15 Detective, Private Alarm, Private Security, Fingerprint
1232	1232	16 Vendor, and Locksmith Act of 2004. The firearm control
1233	1233	17 card shall be carried by the security guard at all times
1234	1234	18 when he or she is in possession of a concealable weapon
1235	1235	19 permitted by his or her firearm control card. For purposes
1236	1236	20 of this subsection, "financial institution" means a bank,
1237	1237	21 savings and loan association, credit union or company
1238	1238	22 providing armored car services.
1239	1239	23 (9) Any person employed by an armored car company to
1240	1240	24 drive an armored car, while actually engaged in the
1241	1241	25 performance of his duties.
1242	1242	26 (10) Persons who have been classified as peace
1243	1243
1244	1244
1245	1245
1246	1246
1247	1247
1248	1248	HB1089 - 34 - LRB103 04854 RLC 49864 b
1249	1249
1250	1250
1251	1251	HB1089- 35 -LRB103 04854 RLC 49864 b HB1089 - 35 - LRB103 04854 RLC 49864 b
1252	1252	HB1089 - 35 - LRB103 04854 RLC 49864 b
1253	1253	1 officers pursuant to the Peace Officer Fire Investigation
1254	1254	2 Act.
1255	1255	3 (11) Investigators of the Office of the State's
1256	1256	4 Attorneys Appellate Prosecutor authorized by the board of
1257	1257	5 governors of the Office of the State's Attorneys Appellate
1258	1258	6 Prosecutor to carry weapons pursuant to Section 7.06 of
1259	1259	7 the State's Attorneys Appellate Prosecutor's Act.
1260	1260	8 (12) Special investigators appointed by a State's
1261	1261	9 Attorney under Section 3-9005 of the Counties Code.
1262	1262	10 (12.5) Probation officers while in the performance of
1263	1263	11 their duties, or while commuting between their homes,
1264	1264	12 places of employment or specific locations that are part
1265	1265	13 of their assigned duties, with the consent of the chief
1266	1266	14 judge of the circuit for which they are employed, if they
1267	1267	15 have received weapons training according to requirements
1268	1268	16 of the Peace Officer and Probation Officer Firearm
1269	1269	17 Training Act.
1270	1270	18 (13) Court Security Officers while in the performance
1271	1271	19 of their official duties, or while commuting between their
1272	1272	20 homes and places of employment, with the consent of the
1273	1273	21 Sheriff.
1274	1274	22 (13.5) A person employed as an armed security guard at
1275	1275	23 a nuclear energy, storage, weapons or development site or
1276	1276	24 facility regulated by the Nuclear Regulatory Commission
1277	1277	25 who has completed the background screening and training
1278	1278	26 mandated by the rules and regulations of the Nuclear
1279	1279
1280	1280
1281	1281
1282	1282
1283	1283
1284	1284	HB1089 - 35 - LRB103 04854 RLC 49864 b
1285	1285
1286	1286
1287	1287	HB1089- 36 -LRB103 04854 RLC 49864 b HB1089 - 36 - LRB103 04854 RLC 49864 b
1288	1288	HB1089 - 36 - LRB103 04854 RLC 49864 b
1289	1289	1 Regulatory Commission.
1290	1290	2 (14) Manufacture, transportation, or sale of weapons
1291	1291	3 to persons authorized under subdivisions (1) through
1292	1292	4 (13.5) of this subsection to possess those weapons.
1293	1293	5 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
1294	1294	6 to or affect any person carrying a concealed pistol, revolver,
1295	1295	7 or handgun and the person has been issued a currently valid
1296	1296	8 license under the Firearm Concealed Carry Act at the time of
1297	1297	9 the commission of the offense.
1298	1298	10 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
1299	1299	11 to or affect a qualified current or retired law enforcement
1300	1300	12 officer or a current or retired deputy, county correctional
1301	1301	13 officer, or correctional officer of the Department of
1302	1302	14 Corrections qualified under the laws of this State or under
1303	1303	15 the federal Law Enforcement Officers Safety Act.
1304	1304	16 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1305	1305	17 24-1.6 do not apply to or affect any of the following:
1306	1306	18 (1) Members of any club or organization organized for
1307	1307	19 the purpose of practicing shooting at targets upon
1308	1308	20 established target ranges, whether public or private, and
1309	1309	21 patrons of such ranges, while such members or patrons are
1310	1310	22 using their firearms on those target ranges.
1311	1311	23 (2) Duly authorized military or civil organizations
1312	1312	24 while parading, with the special permission of the
1313	1313	25 Governor.
1314	1314	26 (3) Hunters, trappers, or fishermen while engaged in
1315	1315
1316	1316
1317	1317
1318	1318
1319	1319
1320	1320	HB1089 - 36 - LRB103 04854 RLC 49864 b
1321	1321
1322	1322
1323	1323	HB1089- 37 -LRB103 04854 RLC 49864 b HB1089 - 37 - LRB103 04854 RLC 49864 b
1324	1324	HB1089 - 37 - LRB103 04854 RLC 49864 b
1325	1325	1 lawful hunting, trapping, or fishing under the provisions
1326	1326	2 of the Wildlife Code or the Fish and Aquatic Life Code.
1327	1327	3 (4) Transportation of weapons that are broken down in
1328	1328	4 a non-functioning state or are not immediately accessible.
1329	1329	5 (5) Carrying or possessing any pistol, revolver, stun
1330	1330	6 gun or taser or other firearm on the land or in the legal
1331	1331	7 dwelling of another person as an invitee with that
1332	1332	8 person's permission.
1333	1333	9 (c) Subsection 24-1(a)(7) does not apply to or affect any
1334	1334	10 of the following:
1335	1335	11 (1) Peace officers while in performance of their
1336	1336	12 official duties.
1337	1337	13 (2) Wardens, superintendents and keepers of prisons,
1338	1338	14 penitentiaries, jails and other institutions for the
1339	1339	15 detention of persons accused or convicted of an offense.
1340	1340	16 (3) Members of the Armed Services or Reserve Forces of
1341	1341	17 the United States or the Illinois National Guard, while in
1342	1342	18 the performance of their official duty.
1343	1343	19 (4) Manufacture, transportation, or sale of machine
1344	1344	20 guns to persons authorized under subdivisions (1) through
1345	1345	21 (3) of this subsection to possess machine guns, if the
1346	1346	22 machine guns are broken down in a non-functioning state or
1347	1347	23 are not immediately accessible.
1348	1348	24 (5) Persons licensed under federal law to manufacture
1349	1349	25 any weapon from which 8 or more shots or bullets can be
1350	1350	26 discharged by a single function of the firing device, or
1351	1351
1352	1352
1353	1353
1354	1354
1355	1355
1356	1356	HB1089 - 37 - LRB103 04854 RLC 49864 b
1357	1357
1358	1358
1359	1359	HB1089- 38 -LRB103 04854 RLC 49864 b HB1089 - 38 - LRB103 04854 RLC 49864 b
1360	1360	HB1089 - 38 - LRB103 04854 RLC 49864 b
1361	1361	1 ammunition for such weapons, and actually engaged in the
1362	1362	2 business of manufacturing such weapons or ammunition, but
1363	1363	3 only with respect to activities which are within the
1364	1364	4 lawful scope of such business, such as the manufacture,
1365	1365	5 transportation, or testing of such weapons or ammunition.
1366	1366	6 This exemption does not authorize the general private
1367	1367	7 possession of any weapon from which 8 or more shots or
1368	1368	8 bullets can be discharged by a single function of the
1369	1369	9 firing device, but only such possession and activities as
1370	1370	10 are within the lawful scope of a licensed manufacturing
1371	1371	11 business described in this paragraph.
1372	1372	12 During transportation, such weapons shall be broken
1373	1373	13 down in a non-functioning state or not immediately
1374	1374	14 accessible.
1375	1375	15 (6) The manufacture, transport, testing, delivery,
1376	1376	16 transfer or sale, and all lawful commercial or
1377	1377	17 experimental activities necessary thereto, of rifles,
1378	1378	18 shotguns, and weapons made from rifles or shotguns, or
1379	1379	19 ammunition for such rifles, shotguns or weapons, where
1380	1380	20 engaged in by a person operating as a contractor or
1381	1381	21 subcontractor pursuant to a contract or subcontract for
1382	1382	22 the development and supply of such rifles, shotguns,
1383	1383	23 weapons or ammunition to the United States government or
1384	1384	24 any branch of the Armed Forces of the United States, when
1385	1385	25 such activities are necessary and incident to fulfilling
1386	1386	26 the terms of such contract.
1387	1387
1388	1388
1389	1389
1390	1390
1391	1391
1392	1392	HB1089 - 38 - LRB103 04854 RLC 49864 b
1393	1393
1394	1394
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1396	1396	HB1089 - 39 - LRB103 04854 RLC 49864 b
1397	1397	1 The exemption granted under this subdivision (c)(6)
1398	1398	2 shall also apply to any authorized agent of any such
1399	1399	3 contractor or subcontractor who is operating within the
1400	1400	4 scope of his employment, where such activities involving
1401	1401	5 such weapon, weapons or ammunition are necessary and
1402	1402	6 incident to fulfilling the terms of such contract.
1403	1403	7 (7) A person possessing a rifle with a barrel or
1404	1404	8 barrels less than 16 inches in length if: (A) the person
1405	1405	9 has been issued a Curios and Relics license from the U.S.
1406	1406	10 Bureau of Alcohol, Tobacco, Firearms and Explosives; or
1407	1407	11 (B) the person is an active member of a bona fide,
1408	1408	12 nationally recognized military re-enacting group and the
1409	1409	13 modification is required and necessary to accurately
1410	1410	14 portray the weapon for historical re-enactment purposes;
1411	1411	15 the re-enactor is in possession of a valid and current
1412	1412	16 re-enacting group membership credential; and the overall
1413	1413	17 length of the weapon as modified is not less than 26
1414	1414	18 inches.
1415	1415	19 (d) Subsection 24-1(a)(1) does not apply to the purchase,
1416	1416	20 possession or carrying of a black-jack or slung-shot by a
1417	1417	21 peace officer.
1418	1418	22 (e) Subsection 24-1(a)(8) does not apply to any owner,
1419	1419	23 manager or authorized employee of any place specified in that
1420	1420	24 subsection nor to any law enforcement officer.
1421	1421	25 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
1422	1422	26 Section 24-1.6 do not apply to members of any club or
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1424	1424
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1433	1433	1 organization organized for the purpose of practicing shooting
1434	1434	2 at targets upon established target ranges, whether public or
1435	1435	3 private, while using their firearms on those target ranges.
1436	1436	4 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
1437	1437	5 to:
1438	1438	6 (1) Members of the Armed Services or Reserve Forces of
1439	1439	7 the United States or the Illinois National Guard, while in
1440	1440	8 the performance of their official duty.
1441	1441	9 (2) Bonafide collectors of antique or surplus military
1442	1442	10 ordnance.
1443	1443	11 (3) Laboratories having a department of forensic
1444	1444	12 ballistics, or specializing in the development of
1445	1445	13 ammunition or explosive ordnance.
1446	1446	14 (4) Commerce, preparation, assembly or possession of
1447	1447	15 explosive bullets by manufacturers of ammunition licensed
1448	1448	16 by the federal government, in connection with the supply
1449	1449	17 of those organizations and persons exempted by subdivision
1450	1450	18 (g)(1) of this Section, or like organizations and persons
1451	1451	19 outside this State, or the transportation of explosive
1452	1452	20 bullets to any organization or person exempted in this
1453	1453	21 Section by a common carrier or by a vehicle owned or leased
1454	1454	22 by an exempted manufacturer.
1455	1455	23 (g-5) Subsection 24-1(a)(6) does not apply to or affect
1456	1456	24 persons licensed under federal law to manufacture any device
1457	1457	25 or attachment of any kind designed, used, or intended for use
1458	1458	26 in silencing the report of any firearm, firearms, or
1459	1459
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1469	1469	1 ammunition for those firearms equipped with those devices, and
1470	1470	2 actually engaged in the business of manufacturing those
1471	1471	3 devices, firearms, or ammunition, but only with respect to
1472	1472	4 activities that are within the lawful scope of that business,
1473	1473	5 such as the manufacture, transportation, or testing of those
1474	1474	6 devices, firearms, or ammunition. This exemption does not
1475	1475	7 authorize the general private possession of any device or
1476	1476	8 attachment of any kind designed, used, or intended for use in
1477	1477	9 silencing the report of any firearm, but only such possession
1478	1478	10 and activities as are within the lawful scope of a licensed
1479	1479	11 manufacturing business described in this subsection (g-5).
1480	1480	12 During transportation, these devices shall be detached from
1481	1481	13 any weapon or not immediately accessible.
1482	1482	14 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1483	1483	15 24-1.6 do not apply to or affect any parole agent or parole
1484	1484	16 supervisor who meets the qualifications and conditions
1485	1485	17 prescribed in Section 3-14-1.5 of the Unified Code of
1486	1486	18 Corrections.
1487	1487	19 (g-7) Subsection 24-1(a)(6) does not apply to a peace
1488	1488	20 officer while serving as a member of a tactical response team
1489	1489	21 or special operations team. A peace officer may not personally
1490	1490	22 own or apply for ownership of a device or attachment of any
1491	1491	23 kind designed, used, or intended for use in silencing the
1492	1492	24 report of any firearm. These devices shall be owned and
1493	1493	25 maintained by lawfully recognized units of government whose
1494	1494	26 duties include the investigation of criminal acts.
1495	1495
1496	1496
1497	1497
1498	1498
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1505	1505	1 (g-10) (Blank).
1506	1506	2 (h) An information or indictment based upon a violation of
1507	1507	3 any subsection of this Article need not negative any
1508	1508	4 exemptions contained in this Article. The defendant shall have
1509	1509	5 the burden of proving such an exemption.
1510	1510	6 (i) Nothing in this Article shall prohibit, apply to, or
1511	1511	7 affect the transportation, carrying, or possession, of any
1512	1512	8 pistol or revolver, stun gun, taser, or other firearm
1513	1513	9 consigned to a common carrier operating under license of the
1514	1514	10 State of Illinois or the federal government, where such
1515	1515	11 transportation, carrying, or possession is incident to the
1516	1516	12 lawful transportation in which such common carrier is engaged;
1517	1517	13 and nothing in this Article shall prohibit, apply to, or
1518	1518	14 affect the transportation, carrying, or possession of any
1519	1519	15 pistol, revolver, stun gun, taser, or other firearm, not the
1520	1520	16 subject of and regulated by subsection 24-1(a)(7) or
1521	1521	17 subsection 24-2(c) of this Article, which is unloaded and
1522	1522	18 enclosed in a case, firearm carrying box, shipping box, or
1523	1523	19 other container, by the possessor of a valid Firearm Owners
1524	1524	20 Identification Card.
1525	1525	21 (Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22;
1526	1526	22 102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised
1527	1527	23 12-14-22.)
1528	1528	24 Section 995. No acceleration or delay. Where this Act
1529	1529	25 makes changes in a statute that is represented in this Act by
1530	1530
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1540	1540	1 text that is not yet or no longer in effect (for example, a
1541	1541	2 Section represented by multiple versions), the use of that
1542	1542	3 text does not accelerate or delay the taking effect of (i) the
1543	1543	4 changes made by this Act or (ii) provisions derived from any
1544	1544	5 other Public Act.
1545	1545
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