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
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
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.
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A BILL FOR
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HB1089 LRB103 04854 RLC 49864 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the Peace
5 Officer Accountability Act.
6 Section 5. Legislative findings. The General Assembly
7 finds that:
8 (1) The United States Department of Justice has found
9 reasonable cause to believe that the Chicago Police Department
10 engages in a pattern or practice of using force, including
11 deadly force, in violation of the Fourth Amendment of the
12 United States Constitution.
13 (2) The Department found that Chicago Police Department
14 officers' practices unnecessarily endanger themselves and
15 result in unnecessary and avoidable uses of force.
16 (3) The pattern or practice results from systemic
17 deficiencies in training and accountability, including the
18 failure to train officers in de-escalation and the failure to
19 conduct meaningful investigations of uses of force.
20 (4) A law codifying the suggestions of the United States
21 Department of Justice for the Chicago Police Department and
22 applying to all police departments in this State could aid in
23 improving those departments.
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
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
LRB103 04854 RLC 49864 b
A BILL FOR
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
LRB103 04854 RLC 49864 b
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1 Section 10. Definitions. As used in this Act:
2 "Department" means a municipal police department or office
3 of the county sheriff.
4 "Exclusive representative" has the meaning ascribed to it
5 in Section 3 of the Illinois Public Labor Relations Act.
6 "Liability insurance" means insurance on risks based upon
7 negligence by a peace officer.
8 "Peace officer" has the meaning ascribed to it in Section
9 2-13 of the Criminal Code of 2012; except that the term is
10 limited to peace officers employed by a municipality or county
11 sheriff.
12 "Unethical conduct" means non-criminal conduct that
13 violates department rules or procedures or violates ordinances
14 concerning peace officer conduct.
15 "Unit of government" means a municipality with respect to
16 peace officers employed by the municipality and the county
17 with respect to peace officers employed by the county sheriff.
18 "Unlawful conduct" means conduct that violates the penal
19 statutes of this State or criminal conduct proscribed by
20 ordinance of the unit of government.
21 Section 15. Peace officer firearms requirement. Before a
22 peace officer is permitted to carry a firearm in the unit of
23 government in which he or she is employed, the peace officer
24 must either:
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1 (1) live in the unit of government in which he or she
2 serves; or
3 (2) complete either:
4 (A) 200 hours of volunteer work in the unit of
5 government in which he or she shall be serving; or
6 (B) 200 hours of specified training related to the
7 unit of government in which he or she shall be serving, or
8 any combination of volunteer work and training.
9 Section 20. Liability insurance. In addition to the
10 indemnity provided to peace officers by the unit of government
11 under Section 5-1002 of the Counties Code or under Section
12 1-4-5 or 1-4-6 of the Illinois Municipal Code, the unit of
13 government shall require each peace officer employed by the
14 unit of government before entering upon the officer's duties
15 to have a liability insurance policy to indemnify the unit of
16 government which employs the officer for any negligence
17 committed by the officer in the performance of his or her
18 duties.
19 Section 25. Promotions; transparency. Promotions of peace
20 officers shall be transparent. The public shall have access to
21 all documents concerning promotions, which documents are
22 subject to disclosure under the Freedom of Information Act.
23 Section 30. Peace officer report of unlawful and unethical
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1 conduct to internal affairs. Each peace officer, before
2 discharging his or her duties as a peace officer, shall sign an
3 affidavit declaring that he or she will report all unethical
4 and unlawful conduct of other peace officers immediately to
5 the internal affairs division of the department. The affidavit
6 shall be a public record subject to disclosure under the
7 Freedom of Information Act.
8 Section 35. Unconstitutional contracts and collective
9 bargaining agreements prohibited. The exclusive representative
10 of a peace officer bargaining unit may not enter into a
11 contract or collective bargaining agreement with the
12 department that permits unconstitutional conduct by peace
13 officers.
14 Section 100. The Freedom of Information Act is amended by
15 changing Section 7.5 as follows:
16 (5 ILCS 140/7.5)
17 Sec. 7.5. Statutory exemptions. To the extent provided for
18 by the statutes referenced below, the following shall be
19 exempt from inspection and copying:
20 (a) All information determined to be confidential
21 under Section 4002 of the Technology Advancement and
22 Development Act.
23 (b) Library circulation and order records identifying
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1 library users with specific materials under the Library
2 Records Confidentiality Act.
3 (c) Applications, related documents, and medical
4 records received by the Experimental Organ Transplantation
5 Procedures Board and any and all documents or other
6 records prepared by the Experimental Organ Transplantation
7 Procedures Board or its staff relating to applications it
8 has received.
9 (d) Information and records held by the Department of
10 Public Health and its authorized representatives relating
11 to known or suspected cases of sexually transmissible
12 disease or any information the disclosure of which is
13 restricted under the Illinois Sexually Transmissible
14 Disease Control Act.
15 (e) Information the disclosure of which is exempted
16 under Section 30 of the Radon Industry Licensing Act.
17 (f) Firm performance evaluations under Section 55 of
18 the Architectural, Engineering, and Land Surveying
19 Qualifications Based Selection Act.
20 (g) Information the disclosure of which is restricted
21 and exempted under Section 50 of the Illinois Prepaid
22 Tuition Act.
23 (h) Information the disclosure of which is exempted
24 under the State Officials and Employees Ethics Act, and
25 records of any lawfully created State or local inspector
26 general's office that would be exempt if created or
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1 obtained by an Executive Inspector General's office under
2 that Act.
3 (i) Information contained in a local emergency energy
4 plan submitted to a municipality in accordance with a
5 local emergency energy plan ordinance that is adopted
6 under Section 11-21.5-5 of the Illinois Municipal Code.
7 (j) Information and data concerning the distribution
8 of surcharge moneys collected and remitted by carriers
9 under the Emergency Telephone System Act.
10 (k) Law enforcement officer identification information
11 or driver identification information compiled by a law
12 enforcement agency or the Department of Transportation
13 under Section 11-212 of the Illinois Vehicle Code.
14 (l) Records and information provided to a residential
15 health care facility resident sexual assault and death
16 review team or the Executive Council under the Abuse
17 Prevention Review Team Act.
18 (m) Information provided to the predatory lending
19 database created pursuant to Article 3 of the Residential
20 Real Property Disclosure Act, except to the extent
21 authorized under that Article.
22 (n) Defense budgets and petitions for certification of
23 compensation and expenses for court appointed trial
24 counsel as provided under Sections 10 and 15 of the
25 Capital Crimes Litigation Act. This subsection (n) shall
26 apply until the conclusion of the trial of the case, even
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1 if the prosecution chooses not to pursue the death penalty
2 prior to trial or sentencing.
3 (o) Information that is prohibited from being
4 disclosed under Section 4 of the Illinois Health and
5 Hazardous Substances Registry Act.
6 (p) Security portions of system safety program plans,
7 investigation reports, surveys, schedules, lists, data, or
8 information compiled, collected, or prepared by or for the
9 Department of Transportation under Sections 2705-300 and
10 2705-616 of the Department of Transportation Law of the
11 Civil Administrative Code of Illinois, the Regional
12 Transportation Authority under Section 2.11 of the
13 Regional Transportation Authority Act, or the St. Clair
14 County Transit District under the Bi-State Transit Safety
15 Act.
16 (q) Information prohibited from being disclosed by the
17 Personnel Record Review Act, except information required
18 to be disclosed under Section 25 of the Peace Officer
19 Accountability Act.
20 (r) Information prohibited from being disclosed by the
21 Illinois School Student Records Act.
22 (s) Information the disclosure of which is restricted
23 under Section 5-108 of the Public Utilities Act.
24 (t) All identified or deidentified health information
25 in the form of health data or medical records contained
26 in, stored in, submitted to, transferred by, or released
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1 from the Illinois Health Information Exchange, and
2 identified or deidentified health information in the form
3 of health data and medical records of the Illinois Health
4 Information Exchange in the possession of the Illinois
5 Health Information Exchange Office due to its
6 administration of the Illinois Health Information
7 Exchange. The terms "identified" and "deidentified" shall
8 be given the same meaning as in the Health Insurance
9 Portability and Accountability Act of 1996, Public Law
10 104-191, or any subsequent amendments thereto, and any
11 regulations promulgated thereunder.
12 (u) Records and information provided to an independent
13 team of experts under the Developmental Disability and
14 Mental Health Safety Act (also known as Brian's Law).
15 (v) Names and information of people who have applied
16 for or received Firearm Owner's Identification Cards under
17 the Firearm Owners Identification Card Act or applied for
18 or received a concealed carry license under the Firearm
19 Concealed Carry Act, unless otherwise authorized by the
20 Firearm Concealed Carry Act; and databases under the
21 Firearm Concealed Carry Act, records of the Concealed
22 Carry Licensing Review Board under the Firearm Concealed
23 Carry Act, and law enforcement agency objections under the
24 Firearm Concealed Carry Act.
25 (v-5) Records of the Firearm Owner's Identification
26 Card Review Board that are exempted from disclosure under
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1 Section 10 of the Firearm Owners Identification Card Act.
2 (w) Personally identifiable information which is
3 exempted from disclosure under subsection (g) of Section
4 19.1 of the Toll Highway Act.
5 (x) Information which is exempted from disclosure
6 under Section 5-1014.3 of the Counties Code or Section
7 8-11-21 of the Illinois Municipal Code.
8 (y) Confidential information under the Adult
9 Protective Services Act and its predecessor enabling
10 statute, the Elder Abuse and Neglect Act, including
11 information about the identity and administrative finding
12 against any caregiver of a verified and substantiated
13 decision of abuse, neglect, or financial exploitation of
14 an eligible adult maintained in the Registry established
15 under Section 7.5 of the Adult Protective Services Act.
16 (z) Records and information provided to a fatality
17 review team or the Illinois Fatality Review Team Advisory
18 Council under Section 15 of the Adult Protective Services
19 Act.
20 (aa) Information which is exempted from disclosure
21 under Section 2.37 of the Wildlife Code.
22 (bb) Information which is or was prohibited from
23 disclosure by the Juvenile Court Act of 1987.
24 (cc) Recordings made under the Law Enforcement
25 Officer-Worn Body Camera Act, except to the extent
26 authorized under that Act.
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1 (dd) Information that is prohibited from being
2 disclosed under Section 45 of the Condominium and Common
3 Interest Community Ombudsperson Act.
4 (ee) Information that is exempted from disclosure
5 under Section 30.1 of the Pharmacy Practice Act.
6 (ff) Information that is exempted from disclosure
7 under the Revised Uniform Unclaimed Property Act.
8 (gg) Information that is prohibited from being
9 disclosed under Section 7-603.5 of the Illinois Vehicle
10 Code.
11 (hh) Records that are exempt from disclosure under
12 Section 1A-16.7 of the Election Code.
13 (ii) Information which is exempted from disclosure
14 under Section 2505-800 of the Department of Revenue Law of
15 the Civil Administrative Code of Illinois.
16 (jj) Information and reports that are required to be
17 submitted to the Department of Labor by registering day
18 and temporary labor service agencies but are exempt from
19 disclosure under subsection (a-1) of Section 45 of the Day
20 and Temporary Labor Services Act.
21 (kk) Information prohibited from disclosure under the
22 Seizure and Forfeiture Reporting Act.
23 (ll) Information the disclosure of which is restricted
24 and exempted under Section 5-30.8 of the Illinois Public
25 Aid Code.
26 (mm) Records that are exempt from disclosure under
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1 Section 4.2 of the Crime Victims Compensation Act.
2 (nn) Information that is exempt from disclosure under
3 Section 70 of the Higher Education Student Assistance Act.
4 (oo) Communications, notes, records, and reports
5 arising out of a peer support counseling session
6 prohibited from disclosure under the First Responders
7 Suicide Prevention Act.
8 (pp) Names and all identifying information relating to
9 an employee of an emergency services provider or law
10 enforcement agency under the First Responders Suicide
11 Prevention Act.
12 (qq) Information and records held by the Department of
13 Public Health and its authorized representatives collected
14 under the Reproductive Health Act.
15 (rr) Information that is exempt from disclosure under
16 the Cannabis Regulation and Tax Act.
17 (ss) Data reported by an employer to the Department of
18 Human Rights pursuant to Section 2-108 of the Illinois
19 Human Rights Act.
20 (tt) Recordings made under the Children's Advocacy
21 Center Act, except to the extent authorized under that
22 Act.
23 (uu) Information that is exempt from disclosure under
24 Section 50 of the Sexual Assault Evidence Submission Act.
25 (vv) Information that is exempt from disclosure under
26 subsections (f) and (j) of Section 5-36 of the Illinois
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1 Public Aid Code.
2 (ww) Information that is exempt from disclosure under
3 Section 16.8 of the State Treasurer Act.
4 (xx) Information that is exempt from disclosure or
5 information that shall not be made public under the
6 Illinois Insurance Code.
7 (yy) Information prohibited from being disclosed under
8 the Illinois Educational Labor Relations Act.
9 (zz) Information prohibited from being disclosed under
10 the Illinois Public Labor Relations Act.
11 (aaa) Information prohibited from being disclosed
12 under Section 1-167 of the Illinois Pension Code.
13 (bbb) Information that is prohibited from disclosure
14 by the Illinois Police Training Act and the Illinois State
15 Police Act.
16 (ccc) Records exempt from disclosure under Section
17 2605-304 of the Illinois State Police Law of the Civil
18 Administrative Code of Illinois.
19 (ddd) Information prohibited from being disclosed
20 under Section 35 of the Address Confidentiality for
21 Victims of Domestic Violence, Sexual Assault, Human
22 Trafficking, or Stalking Act.
23 (eee) Information prohibited from being disclosed
24 under subsection (b) of Section 75 of the Domestic
25 Violence Fatality Review Act.
26 (fff) Images from cameras under the Expressway Camera
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1 Act. This subsection (fff) is inoperative on and after
2 July 1, 2023.
3 (ggg) (fff) Information prohibited from disclosure
4 under paragraph (3) of subsection (a) of Section 14 of the
5 Nurse Agency Licensing Act.
6 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
7 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
8 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
9 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
10 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
11 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
12 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
13 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
14 7-1-22; 102-1042, eff. 6-3-22; revised 8-1-22.)
15 Section 105. The Illinois Public Labor Relations Act is
16 amended by changing Section 4 as follows:
17 (5 ILCS 315/4) (from Ch. 48, par. 1604)
18 (Text of Section WITHOUT the changes made by P.A. 98-599,
19 which has been held unconstitutional)
20 Sec. 4. Management Rights; Unconstitutional Peace Officer
21 Conduct. Employers shall not be required to bargain over
22 matters of inherent managerial policy, which shall include
23 such areas of discretion or policy as the functions of the
24 employer, standards of services, its overall budget, the
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1 organizational structure and selection of new employees,
2 examination techniques and direction of employees. Employers,
3 however, shall be required to bargain collectively with regard
4 to policy matters directly affecting wages, hours and terms
5 and conditions of employment as well as the impact thereon
6 upon request by employee representatives.
7 The exclusive representative of a peace officer unit and
8 an employer may not bargain over matters that would permit
9 peace officer conduct that would violate the Constitution of
10 the United States or this State and any agreement that would
11 permit peace officer conduct that would violate the
12 Constitution of the United States or this State is void.
13 To preserve the rights of employers and exclusive
14 representatives which have established collective bargaining
15 relationships or negotiated collective bargaining agreements
16 prior to the effective date of this Act, employers shall be
17 required to bargain collectively with regard to any matter
18 concerning wages, hours or conditions of employment about
19 which they have bargained for and agreed to in a collective
20 bargaining agreement prior to the effective date of this Act.
21 The chief judge of the judicial circuit that employs a
22 public employee who is a court reporter, as defined in the
23 Court Reporters Act, has the authority to hire, appoint,
24 promote, evaluate, discipline, and discharge court reporters
25 within that judicial circuit.
26 Nothing in this amendatory Act of the 94th General
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1 Assembly shall be construed to intrude upon the judicial
2 functions of any court. This amendatory Act of the 94th
3 General Assembly applies only to nonjudicial administrative
4 matters relating to the collective bargaining rights of court
5 reporters.
6 (Source: P.A. 94-98, eff. 7-1-05.)
7 Section 110. The Illinois Police Training Act is amended
8 by changing Section 7 as follows:
9 (50 ILCS 705/7)
10 (Text of Section before amendment by P.A. 102-982)
11 Sec. 7. Rules and standards for schools. The Board shall
12 adopt rules and minimum standards for such schools which shall
13 include, but not be limited to, the following:
14 a. The curriculum for probationary law enforcement
15 officers which shall be offered by all certified schools
16 shall include, but not be limited to, courses of
17 procedural justice, arrest and use and control tactics,
18 search and seizure, including temporary questioning, civil
19 rights, human rights, human relations, cultural
20 competency, including implicit bias and racial and ethnic
21 sensitivity, criminal law, law of criminal procedure,
22 constitutional and proper use of law enforcement
23 authority, crisis intervention training, vehicle and
24 traffic law including uniform and non-discriminatory
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1 enforcement of the Illinois Vehicle Code, traffic control
2 and accident investigation, techniques of obtaining
3 physical evidence, court testimonies, statements, reports,
4 firearms training, training in the use of electronic
5 control devices, including the psychological and
6 physiological effects of the use of those devices on
7 humans, first-aid (including cardiopulmonary
8 resuscitation), training in the administration of opioid
9 antagonists as defined in paragraph (1) of subsection (e)
10 of Section 5-23 of the Substance Use Disorder Act,
11 handling of juvenile offenders, recognition of mental
12 conditions and crises, including, but not limited to, the
13 disease of addiction, which require immediate assistance
14 and response and methods to safeguard and provide
15 assistance to a person in need of mental treatment,
16 recognition of abuse, neglect, financial exploitation, and
17 self-neglect of adults with disabilities and older adults,
18 as defined in Section 2 of the Adult Protective Services
19 Act, crimes against the elderly, law of evidence, the
20 hazards of high-speed police vehicle chases with an
21 emphasis on alternatives to the high-speed chase, and
22 physical training. The curriculum shall include specific
23 training in techniques for immediate response to and
24 investigation of cases of domestic violence and of sexual
25 assault of adults and children, including cultural
26 perceptions and common myths of sexual assault and sexual
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1 abuse as well as interview techniques that are age
2 sensitive and are trauma informed, victim centered, and
3 victim sensitive. The curriculum shall include training in
4 techniques designed to promote effective communication at
5 the initial contact with crime victims and ways to
6 comprehensively explain to victims and witnesses their
7 rights under the Rights of Crime Victims and Witnesses Act
8 and the Crime Victims Compensation Act. The curriculum
9 shall also include training in effective recognition of
10 and responses to stress, trauma, and post-traumatic stress
11 experienced by law enforcement officers that is consistent
12 with Section 25 of the Illinois Mental Health First Aid
13 Training Act in a peer setting, including recognizing
14 signs and symptoms of work-related cumulative stress,
15 issues that may lead to suicide, and solutions for
16 intervention with peer support resources. The curriculum
17 shall include a block of instruction addressing the
18 mandatory reporting requirements under the Abused and
19 Neglected Child Reporting Act. The curriculum shall also
20 include a block of instruction aimed at identifying and
21 interacting with persons with autism and other
22 developmental or physical disabilities, reducing barriers
23 to reporting crimes against persons with autism, and
24 addressing the unique challenges presented by cases
25 involving victims or witnesses with autism and other
26 developmental disabilities. The curriculum shall include
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1 training in the detection and investigation of all forms
2 of human trafficking. The curriculum shall also include
3 instruction in trauma-informed responses designed to
4 ensure the physical safety and well-being of a child of an
5 arrested parent or immediate family member; this
6 instruction must include, but is not limited to: (1)
7 understanding the trauma experienced by the child while
8 maintaining the integrity of the arrest and safety of
9 officers, suspects, and other involved individuals; (2)
10 de-escalation tactics that would include the use of force
11 when reasonably necessary; and (3) inquiring whether a
12 child will require supervision and care. The curriculum
13 for probationary law enforcement officers shall include:
14 (1) at least 12 hours of hands-on, scenario-based
15 role-playing; (2) at least 6 hours of instruction on use
16 of force techniques, including the use of de-escalation
17 techniques to prevent or reduce the need for force
18 whenever safe and feasible; (3) specific training on
19 officer safety techniques, including cover, concealment,
20 and time; and (4) at least 6 hours of training focused on
21 high-risk traffic stops. The curriculum for permanent law
22 enforcement officers shall include, but not be limited to:
23 (1) refresher and in-service training in any of the
24 courses listed above in this subparagraph, (2) advanced
25 courses in any of the subjects listed above in this
26 subparagraph, (3) training for supervisory personnel, and
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1 (4) specialized training in subjects and fields to be
2 selected by the board. The training in the use of
3 electronic control devices shall be conducted for
4 probationary law enforcement officers, including
5 University police officers. The curriculum shall also
6 include training on the use of a firearms restraining
7 order by providing instruction on the process used to file
8 a firearms restraining order and how to identify
9 situations in which a firearms restraining order is
10 appropriate.
11 b. Minimum courses of study, attendance requirements
12 and equipment requirements.
13 c. Minimum requirements for instructors.
14 d. Minimum basic training requirements, which a
15 probationary law enforcement officer must satisfactorily
16 complete before being eligible for permanent employment as
17 a local law enforcement officer for a participating local
18 governmental or State governmental agency. Those
19 requirements shall include training in first aid
20 (including cardiopulmonary resuscitation).
21 e. Minimum basic training requirements, which a
22 probationary county corrections officer must
23 satisfactorily complete before being eligible for
24 permanent employment as a county corrections officer for a
25 participating local governmental agency.
26 f. Minimum basic training requirements which a
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1 probationary court security officer must satisfactorily
2 complete before being eligible for permanent employment as
3 a court security officer for a participating local
4 governmental agency. The Board shall establish those
5 training requirements which it considers appropriate for
6 court security officers and shall certify schools to
7 conduct that training.
8 A person hired to serve as a court security officer
9 must obtain from the Board a certificate (i) attesting to
10 the officer's successful completion of the training
11 course; (ii) attesting to the officer's satisfactory
12 completion of a training program of similar content and
13 number of hours that has been found acceptable by the
14 Board under the provisions of this Act; or (iii) attesting
15 to the Board's determination that the training course is
16 unnecessary because of the person's extensive prior law
17 enforcement experience.
18 Individuals who currently serve as court security
19 officers shall be deemed qualified to continue to serve in
20 that capacity so long as they are certified as provided by
21 this Act within 24 months of June 1, 1997 (the effective
22 date of Public Act 89-685). Failure to be so certified,
23 absent a waiver from the Board, shall cause the officer to
24 forfeit his or her position.
25 All individuals hired as court security officers on or
26 after June 1, 1997 (the effective date of Public Act
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1 89-685) shall be certified within 12 months of the date of
2 their hire, unless a waiver has been obtained by the
3 Board, or they shall forfeit their positions.
4 The Sheriff's Merit Commission, if one exists, or the
5 Sheriff's Office if there is no Sheriff's Merit
6 Commission, shall maintain a list of all individuals who
7 have filed applications to become court security officers
8 and who meet the eligibility requirements established
9 under this Act. Either the Sheriff's Merit Commission, or
10 the Sheriff's Office if no Sheriff's Merit Commission
11 exists, shall establish a schedule of reasonable intervals
12 for verification of the applicants' qualifications under
13 this Act and as established by the Board.
14 g. Minimum in-service training requirements, which a
15 law enforcement officer must satisfactorily complete every
16 3 years. Those requirements shall include constitutional
17 and proper use of law enforcement authority, procedural
18 justice, civil rights, human rights, reporting child abuse
19 and neglect, and cultural competency, including implicit
20 bias and racial and ethnic sensitivity. These trainings
21 shall consist of at least 30 hours of training every 3
22 years.
23 h. Minimum in-service training requirements, which a
24 law enforcement officer must satisfactorily complete at
25 least annually. Those requirements shall include law
26 updates, emergency medical response training and
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1 certification, crisis intervention training, and officer
2 wellness and mental health.
3 i. Minimum in-service training requirements as set
4 forth in Section 10.6.
5 The amendatory changes to this Section made by Public Act
6 101-652 shall take effect January 1, 2022.
7 Notwithstanding any provision of law to the contrary, the
8 changes made to this Section by this amendatory Act of the
9 102nd General Assembly, Public Act 101-652, and Public Act
10 102-28 take effect July 1, 2022.
11 (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
12 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
13 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
14 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
15 1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
16 eff. 8-20-21; 102-694, eff. 1-7-22; revised 8-11-22.)
17 (Text of Section after amendment by P.A. 102-982)
18 Sec. 7. Rules and standards for schools. The Board shall
19 adopt rules and minimum standards for such schools which shall
20 include, but not be limited to, the following:
21 a. The curriculum for probationary law enforcement
22 officers which shall be offered by all certified schools
23 shall include, but not be limited to, courses of
24 procedural justice, arrest and use and control tactics,
25 search and seizure, including temporary questioning, civil
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1 rights, human rights, human relations, cultural
2 competency, including implicit bias and racial and ethnic
3 sensitivity, 20 hours of race relations training,
4 acquaintance with the youth residing in the unit of
5 government in which the officers will serve, when
6 discharging a firearm, the avoidance of the use of deadly
7 force except when necessary to protect the life of the
8 officer and on methods of using less than deadly force to
9 disarm a suspect, criminal law, law of criminal procedure,
10 constitutional and proper use of law enforcement
11 authority, crisis intervention training, vehicle and
12 traffic law including uniform and non-discriminatory
13 enforcement of the Illinois Vehicle Code, traffic control
14 and crash investigation, techniques of obtaining physical
15 evidence, court testimonies, statements, reports, firearms
16 training, training in the use of electronic control
17 devices, including the psychological and physiological
18 effects of the use of those devices on humans, first-aid
19 (including cardiopulmonary resuscitation), training in the
20 administration of opioid antagonists as defined in
21 paragraph (1) of subsection (e) of Section 5-23 of the
22 Substance Use Disorder Act, handling of juvenile
23 offenders, recognition of mental conditions and crises,
24 including, but not limited to, the disease of addiction,
25 which require immediate assistance and response and
26 methods to safeguard and provide assistance to a person in
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1 need of mental treatment, recognition of abuse, neglect,
2 financial exploitation, and self-neglect of adults with
3 disabilities and older adults, as defined in Section 2 of
4 the Adult Protective Services Act, crimes against the
5 elderly, law of evidence, the hazards of high-speed police
6 vehicle chases with an emphasis on alternatives to the
7 high-speed chase, and physical training. The curriculum
8 shall include specific training in techniques for
9 immediate response to and investigation of cases of
10 domestic violence and of sexual assault of adults and
11 children, including cultural perceptions and common myths
12 of sexual assault and sexual abuse as well as interview
13 techniques that are age sensitive and are trauma informed,
14 victim centered, and victim sensitive. The curriculum
15 shall include training in techniques designed to promote
16 effective communication at the initial contact with crime
17 victims and ways to comprehensively explain to victims and
18 witnesses their rights under the Rights of Crime Victims
19 and Witnesses Act and the Crime Victims Compensation Act.
20 The curriculum shall also include training in effective
21 recognition of and responses to stress, trauma, and
22 post-traumatic stress experienced by law enforcement
23 officers that is consistent with Section 25 of the
24 Illinois Mental Health First Aid Training Act in a peer
25 setting, including recognizing signs and symptoms of
26 work-related cumulative stress, issues that may lead to
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1 suicide, and solutions for intervention with peer support
2 resources. The curriculum shall include a block of
3 instruction addressing the mandatory reporting
4 requirements under the Abused and Neglected Child
5 Reporting Act. The curriculum shall also include a block
6 of instruction aimed at identifying and interacting with
7 persons with autism and other developmental or physical
8 disabilities, reducing barriers to reporting crimes
9 against persons with autism, and addressing the unique
10 challenges presented by cases involving victims or
11 witnesses with autism and other developmental
12 disabilities. The curriculum shall include training in the
13 detection and investigation of all forms of human
14 trafficking. The curriculum shall also include instruction
15 in trauma-informed responses designed to ensure the
16 physical safety and well-being of a child of an arrested
17 parent or immediate family member; this instruction must
18 include, but is not limited to: (1) understanding the
19 trauma experienced by the child while maintaining the
20 integrity of the arrest and safety of officers, suspects,
21 and other involved individuals; (2) de-escalation tactics
22 that would include the use of force when reasonably
23 necessary; and (3) inquiring whether a child will require
24 supervision and care. The curriculum for probationary law
25 enforcement officers shall include: (1) at least 12 hours
26 of hands-on, scenario-based role-playing; (2) at least 6
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1 hours of instruction on use of force techniques, including
2 the use of de-escalation techniques to prevent or reduce
3 the need for force whenever safe and feasible; (3)
4 specific training on officer safety techniques, including
5 cover, concealment, and time; and (4) at least 6 hours of
6 training focused on high-risk traffic stops. The
7 curriculum for permanent law enforcement officers shall
8 include, but not be limited to: (1) refresher and
9 in-service training in any of the courses listed above in
10 this subparagraph, (2) advanced courses in any of the
11 subjects listed above in this subparagraph, (3) training
12 for supervisory personnel, and (4) specialized training in
13 subjects and fields to be selected by the board. The
14 training in the use of electronic control devices shall be
15 conducted for probationary law enforcement officers,
16 including University police officers. The curriculum shall
17 also include training on the use of a firearms restraining
18 order by providing instruction on the process used to file
19 a firearms restraining order and how to identify
20 situations in which a firearms restraining order is
21 appropriate.
22 b. Minimum courses of study, attendance requirements
23 and equipment requirements.
24 c. Minimum requirements for instructors.
25 d. Minimum basic training requirements, which a
26 probationary law enforcement officer must satisfactorily
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1 complete before being eligible for permanent employment as
2 a local law enforcement officer for a participating local
3 governmental or State governmental agency. Those
4 requirements shall include training in first aid
5 (including cardiopulmonary resuscitation).
6 e. Minimum basic training requirements, which a
7 probationary county corrections officer must
8 satisfactorily complete before being eligible for
9 permanent employment as a county corrections officer for a
10 participating local governmental agency.
11 f. Minimum basic training requirements which a
12 probationary court security officer must satisfactorily
13 complete before being eligible for permanent employment as
14 a court security officer for a participating local
15 governmental agency. The Board shall establish those
16 training requirements which it considers appropriate for
17 court security officers and shall certify schools to
18 conduct that training.
19 A person hired to serve as a court security officer
20 must obtain from the Board a certificate (i) attesting to
21 the officer's successful completion of the training
22 course; (ii) attesting to the officer's satisfactory
23 completion of a training program of similar content and
24 number of hours that has been found acceptable by the
25 Board under the provisions of this Act; or (iii) attesting
26 to the Board's determination that the training course is
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1 unnecessary because of the person's extensive prior law
2 enforcement experience.
3 Individuals who currently serve as court security
4 officers shall be deemed qualified to continue to serve in
5 that capacity so long as they are certified as provided by
6 this Act within 24 months of June 1, 1997 (the effective
7 date of Public Act 89-685). Failure to be so certified,
8 absent a waiver from the Board, shall cause the officer to
9 forfeit his or her position.
10 All individuals hired as court security officers on or
11 after June 1, 1997 (the effective date of Public Act
12 89-685) shall be certified within 12 months of the date of
13 their hire, unless a waiver has been obtained by the
14 Board, or they shall forfeit their positions.
15 The Sheriff's Merit Commission, if one exists, or the
16 Sheriff's Office if there is no Sheriff's Merit
17 Commission, shall maintain a list of all individuals who
18 have filed applications to become court security officers
19 and who meet the eligibility requirements established
20 under this Act. Either the Sheriff's Merit Commission, or
21 the Sheriff's Office if no Sheriff's Merit Commission
22 exists, shall establish a schedule of reasonable intervals
23 for verification of the applicants' qualifications under
24 this Act and as established by the Board.
25 g. Minimum in-service training requirements, which a
26 law enforcement officer must satisfactorily complete every
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1 3 years. Those requirements shall include constitutional
2 and proper use of law enforcement authority, procedural
3 justice, civil rights, human rights, reporting child abuse
4 and neglect, and cultural competency, including implicit
5 bias and racial and ethnic sensitivity. These trainings
6 shall consist of at least 30 hours of training every 3
7 years.
8 h. Minimum in-service training requirements, which a
9 law enforcement officer must satisfactorily complete at
10 least annually. Those requirements shall include 20 hours
11 of race relations training, constitutional methods of the
12 use of force, law updates, emergency medical response
13 training and certification, crisis intervention training,
14 and officer wellness and mental health.
15 i. Minimum in-service training requirements as set
16 forth in Section 10.6.
17 The amendatory changes to this Section made by Public Act
18 101-652 shall take effect January 1, 2022.
19 Notwithstanding any provision of law to the contrary, the
20 changes made to this Section by this amendatory Act of the
21 102nd General Assembly, Public Act 101-652, and Public Act
22 102-28, and Public Act 102-694 take effect July 1, 2022.
23 (Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
24 101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
25 8-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
26 10-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
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1 1-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
2 eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff. 7-1-23;
3 revised 8-11-22.)
4 Section 115. The Criminal Code of 2012 is amended by
5 changing Section 24-2 as follows:
6 (720 ILCS 5/24-2)
7 Sec. 24-2. Exemptions.
8 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
9 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
10 the following:
11 (1) Peace officers, and any person summoned by a peace
12 officer to assist in making arrests or preserving the
13 peace, while actually engaged in assisting such officer,
14 subject to the provisions of Section 15 of the Peace
15 Officer Accountability Act.
16 (2) Wardens, superintendents and keepers of prisons,
17 penitentiaries, jails and other institutions for the
18 detention of persons accused or convicted of an offense,
19 while in the performance of their official duty, or while
20 commuting between their homes and places of employment.
21 (3) Members of the Armed Services or Reserve Forces of
22 the United States or the Illinois National Guard or the
23 Reserve Officers Training Corps, while in the performance
24 of their official duty.
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1 (4) Special agents employed by a railroad or a public
2 utility to perform police functions, and guards of armored
3 car companies, while actually engaged in the performance
4 of the duties of their employment or commuting between
5 their homes and places of employment; and watchmen while
6 actually engaged in the performance of the duties of their
7 employment.
8 (5) Persons licensed as private security contractors,
9 private detectives, or private alarm contractors, or
10 employed by a private security contractor, private
11 detective, or private alarm contractor agency licensed by
12 the Department of Financial and Professional Regulation,
13 if their duties include the carrying of a weapon under the
14 provisions of the Private Detective, Private Alarm,
15 Private Security, Fingerprint Vendor, and Locksmith Act of
16 2004, while actually engaged in the performance of the
17 duties of their employment or commuting between their
18 homes and places of employment. A person shall be
19 considered eligible for this exemption if he or she has
20 completed the required 20 hours of training for a private
21 security contractor, private detective, or private alarm
22 contractor, or employee of a licensed private security
23 contractor, private detective, or private alarm contractor
24 agency and 28 hours of required firearm training, and has
25 been issued a firearm control card by the Department of
26 Financial and Professional Regulation. Conditions for the
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1 renewal of firearm control cards issued under the
2 provisions of this Section shall be the same as for those
3 cards issued under the provisions of the Private
4 Detective, Private Alarm, Private Security, Fingerprint
5 Vendor, and Locksmith Act of 2004. The firearm control
6 card shall be carried by the private security contractor,
7 private detective, or private alarm contractor, or
8 employee of the licensed private security contractor,
9 private detective, or private alarm contractor agency at
10 all times when he or she is in possession of a concealable
11 weapon permitted by his or her firearm control card.
12 (6) Any person regularly employed in a commercial or
13 industrial operation as a security guard for the
14 protection of persons employed and private property
15 related to such commercial or industrial operation, while
16 actually engaged in the performance of his or her duty or
17 traveling between sites or properties belonging to the
18 employer, and who, as a security guard, is a member of a
19 security force registered with the Department of Financial
20 and Professional Regulation; provided that such security
21 guard has successfully completed a course of study,
22 approved by and supervised by the Department of Financial
23 and Professional Regulation, consisting of not less than
24 48 hours of training that includes the theory of law
25 enforcement, liability for acts, and the handling of
26 weapons. A person shall be considered eligible for this
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1 exemption if he or she has completed the required 20 hours
2 of training for a security officer and 28 hours of
3 required firearm training, and has been issued a firearm
4 control card by the Department of Financial and
5 Professional Regulation. Conditions for the renewal of
6 firearm control cards issued under the provisions of this
7 Section shall be the same as for those cards issued under
8 the provisions of the Private Detective, Private Alarm,
9 Private Security, Fingerprint Vendor, and Locksmith Act of
10 2004. The firearm control card shall be carried by the
11 security guard at all times when he or she is in possession
12 of a concealable weapon permitted by his or her firearm
13 control card.
14 (7) Agents and investigators of the Illinois
15 Legislative Investigating Commission authorized by the
16 Commission to carry the weapons specified in subsections
17 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
18 any investigation for the Commission.
19 (8) Persons employed by a financial institution as a
20 security guard for the protection of other employees and
21 property related to such financial institution, while
22 actually engaged in the performance of their duties,
23 commuting between their homes and places of employment, or
24 traveling between sites or properties owned or operated by
25 such financial institution, and who, as a security guard,
26 is a member of a security force registered with the
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1 Department; provided that any person so employed has
2 successfully completed a course of study, approved by and
3 supervised by the Department of Financial and Professional
4 Regulation, consisting of not less than 48 hours of
5 training which includes theory of law enforcement,
6 liability for acts, and the handling of weapons. A person
7 shall be considered to be eligible for this exemption if
8 he or she has completed the required 20 hours of training
9 for a security officer and 28 hours of required firearm
10 training, and has been issued a firearm control card by
11 the Department of Financial and Professional Regulation.
12 Conditions for renewal of firearm control cards issued
13 under the provisions of this Section shall be the same as
14 for those issued under the provisions of the Private
15 Detective, Private Alarm, Private Security, Fingerprint
16 Vendor, and Locksmith Act of 2004. The firearm control
17 card shall be carried by the security guard at all times
18 when he or she is in possession of a concealable weapon
19 permitted by his or her firearm control card. For purposes
20 of this subsection, "financial institution" means a bank,
21 savings and loan association, credit union or company
22 providing armored car services.
23 (9) Any person employed by an armored car company to
24 drive an armored car, while actually engaged in the
25 performance of his duties.
26 (10) Persons who have been classified as peace
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1 officers pursuant to the Peace Officer Fire Investigation
2 Act.
3 (11) Investigators of the Office of the State's
4 Attorneys Appellate Prosecutor authorized by the board of
5 governors of the Office of the State's Attorneys Appellate
6 Prosecutor to carry weapons pursuant to Section 7.06 of
7 the State's Attorneys Appellate Prosecutor's Act.
8 (12) Special investigators appointed by a State's
9 Attorney under Section 3-9005 of the Counties Code.
10 (12.5) Probation officers while in the performance of
11 their duties, or while commuting between their homes,
12 places of employment or specific locations that are part
13 of their assigned duties, with the consent of the chief
14 judge of the circuit for which they are employed, if they
15 have received weapons training according to requirements
16 of the Peace Officer and Probation Officer Firearm
17 Training Act.
18 (13) Court Security Officers while in the performance
19 of their official duties, or while commuting between their
20 homes and places of employment, with the consent of the
21 Sheriff.
22 (13.5) A person employed as an armed security guard at
23 a nuclear energy, storage, weapons or development site or
24 facility regulated by the Nuclear Regulatory Commission
25 who has completed the background screening and training
26 mandated by the rules and regulations of the Nuclear
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1 Regulatory Commission.
2 (14) Manufacture, transportation, or sale of weapons
3 to persons authorized under subdivisions (1) through
4 (13.5) of this subsection to possess those weapons.
5 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
6 to or affect any person carrying a concealed pistol, revolver,
7 or handgun and the person has been issued a currently valid
8 license under the Firearm Concealed Carry Act at the time of
9 the commission of the offense.
10 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
11 to or affect a qualified current or retired law enforcement
12 officer or a current or retired deputy, county correctional
13 officer, or correctional officer of the Department of
14 Corrections qualified under the laws of this State or under
15 the federal Law Enforcement Officers Safety Act.
16 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
17 24-1.6 do not apply to or affect any of the following:
18 (1) Members of any club or organization organized for
19 the purpose of practicing shooting at targets upon
20 established target ranges, whether public or private, and
21 patrons of such ranges, while such members or patrons are
22 using their firearms on those target ranges.
23 (2) Duly authorized military or civil organizations
24 while parading, with the special permission of the
25 Governor.
26 (3) Hunters, trappers, or fishermen while engaged in
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1 lawful hunting, trapping, or fishing under the provisions
2 of the Wildlife Code or the Fish and Aquatic Life Code.
3 (4) Transportation of weapons that are broken down in
4 a non-functioning state or are not immediately accessible.
5 (5) Carrying or possessing any pistol, revolver, stun
6 gun or taser or other firearm on the land or in the legal
7 dwelling of another person as an invitee with that
8 person's permission.
9 (c) Subsection 24-1(a)(7) does not apply to or affect any
10 of the following:
11 (1) Peace officers while in performance of their
12 official duties.
13 (2) Wardens, superintendents and keepers of prisons,
14 penitentiaries, jails and other institutions for the
15 detention of persons accused or convicted of an offense.
16 (3) Members of the Armed Services or Reserve Forces of
17 the United States or the Illinois National Guard, while in
18 the performance of their official duty.
19 (4) Manufacture, transportation, or sale of machine
20 guns to persons authorized under subdivisions (1) through
21 (3) of this subsection to possess machine guns, if the
22 machine guns are broken down in a non-functioning state or
23 are not immediately accessible.
24 (5) Persons licensed under federal law to manufacture
25 any weapon from which 8 or more shots or bullets can be
26 discharged by a single function of the firing device, or
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1 ammunition for such weapons, and actually engaged in the
2 business of manufacturing such weapons or ammunition, but
3 only with respect to activities which are within the
4 lawful scope of such business, such as the manufacture,
5 transportation, or testing of such weapons or ammunition.
6 This exemption does not authorize the general private
7 possession of any weapon from which 8 or more shots or
8 bullets can be discharged by a single function of the
9 firing device, but only such possession and activities as
10 are within the lawful scope of a licensed manufacturing
11 business described in this paragraph.
12 During transportation, such weapons shall be broken
13 down in a non-functioning state or not immediately
14 accessible.
15 (6) The manufacture, transport, testing, delivery,
16 transfer or sale, and all lawful commercial or
17 experimental activities necessary thereto, of rifles,
18 shotguns, and weapons made from rifles or shotguns, or
19 ammunition for such rifles, shotguns or weapons, where
20 engaged in by a person operating as a contractor or
21 subcontractor pursuant to a contract or subcontract for
22 the development and supply of such rifles, shotguns,
23 weapons or ammunition to the United States government or
24 any branch of the Armed Forces of the United States, when
25 such activities are necessary and incident to fulfilling
26 the terms of such contract.
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1 The exemption granted under this subdivision (c)(6)
2 shall also apply to any authorized agent of any such
3 contractor or subcontractor who is operating within the
4 scope of his employment, where such activities involving
5 such weapon, weapons or ammunition are necessary and
6 incident to fulfilling the terms of such contract.
7 (7) A person possessing a rifle with a barrel or
8 barrels less than 16 inches in length if: (A) the person
9 has been issued a Curios and Relics license from the U.S.
10 Bureau of Alcohol, Tobacco, Firearms and Explosives; or
11 (B) the person is an active member of a bona fide,
12 nationally recognized military re-enacting group and the
13 modification is required and necessary to accurately
14 portray the weapon for historical re-enactment purposes;
15 the re-enactor is in possession of a valid and current
16 re-enacting group membership credential; and the overall
17 length of the weapon as modified is not less than 26
18 inches.
19 (d) Subsection 24-1(a)(1) does not apply to the purchase,
20 possession or carrying of a black-jack or slung-shot by a
21 peace officer.
22 (e) Subsection 24-1(a)(8) does not apply to any owner,
23 manager or authorized employee of any place specified in that
24 subsection nor to any law enforcement officer.
25 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
26 Section 24-1.6 do not apply to members of any club or
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1 organization organized for the purpose of practicing shooting
2 at targets upon established target ranges, whether public or
3 private, while using their firearms on those target ranges.
4 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
5 to:
6 (1) Members of the Armed Services or Reserve Forces of
7 the United States or the Illinois National Guard, while in
8 the performance of their official duty.
9 (2) Bonafide collectors of antique or surplus military
10 ordnance.
11 (3) Laboratories having a department of forensic
12 ballistics, or specializing in the development of
13 ammunition or explosive ordnance.
14 (4) Commerce, preparation, assembly or possession of
15 explosive bullets by manufacturers of ammunition licensed
16 by the federal government, in connection with the supply
17 of those organizations and persons exempted by subdivision
18 (g)(1) of this Section, or like organizations and persons
19 outside this State, or the transportation of explosive
20 bullets to any organization or person exempted in this
21 Section by a common carrier or by a vehicle owned or leased
22 by an exempted manufacturer.
23 (g-5) Subsection 24-1(a)(6) does not apply to or affect
24 persons licensed under federal law to manufacture any device
25 or attachment of any kind designed, used, or intended for use
26 in silencing the report of any firearm, firearms, or
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1 ammunition for those firearms equipped with those devices, and
2 actually engaged in the business of manufacturing those
3 devices, firearms, or ammunition, but only with respect to
4 activities that are within the lawful scope of that business,
5 such as the manufacture, transportation, or testing of those
6 devices, firearms, or ammunition. This exemption does not
7 authorize the general private possession of any device or
8 attachment of any kind designed, used, or intended for use in
9 silencing the report of any firearm, but only such possession
10 and activities as are within the lawful scope of a licensed
11 manufacturing business described in this subsection (g-5).
12 During transportation, these devices shall be detached from
13 any weapon or not immediately accessible.
14 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
15 24-1.6 do not apply to or affect any parole agent or parole
16 supervisor who meets the qualifications and conditions
17 prescribed in Section 3-14-1.5 of the Unified Code of
18 Corrections.
19 (g-7) Subsection 24-1(a)(6) does not apply to a peace
20 officer while serving as a member of a tactical response team
21 or special operations team. A peace officer may not personally
22 own or apply for ownership of a device or attachment of any
23 kind designed, used, or intended for use in silencing the
24 report of any firearm. These devices shall be owned and
25 maintained by lawfully recognized units of government whose
26 duties include the investigation of criminal acts.
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1 (g-10) (Blank).
2 (h) An information or indictment based upon a violation of
3 any subsection of this Article need not negative any
4 exemptions contained in this Article. The defendant shall have
5 the burden of proving such an exemption.
6 (i) Nothing in this Article shall prohibit, apply to, or
7 affect the transportation, carrying, or possession, of any
8 pistol or revolver, stun gun, taser, or other firearm
9 consigned to a common carrier operating under license of the
10 State of Illinois or the federal government, where such
11 transportation, carrying, or possession is incident to the
12 lawful transportation in which such common carrier is engaged;
13 and nothing in this Article shall prohibit, apply to, or
14 affect the transportation, carrying, or possession of any
15 pistol, revolver, stun gun, taser, or other firearm, not the
16 subject of and regulated by subsection 24-1(a)(7) or
17 subsection 24-2(c) of this Article, which is unloaded and
18 enclosed in a case, firearm carrying box, shipping box, or
19 other container, by the possessor of a valid Firearm Owners
20 Identification Card.
21 (Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22;
22 102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised
23 12-14-22.)
24 Section 995. No acceleration or delay. Where this Act
25 makes changes in a statute that is represented in this Act by
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1 text that is not yet or no longer in effect (for example, a
2 Section represented by multiple versions), the use of that
3 text does not accelerate or delay the taking effect of (i) the
4 changes made by this Act or (ii) provisions derived from any
5 other Public Act.
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