Illinois 2023-2024 Regular Session

Illinois House Bill HB2922 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2922 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED: See Index Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately. LRB103 27829 RLC 54207 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2922 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED: See Index See Index Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately. LRB103 27829 RLC 54207 b LRB103 27829 RLC 54207 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2922 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED:
33 See Index See Index
44 See Index
55 Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately.
66 LRB103 27829 RLC 54207 b LRB103 27829 RLC 54207 b
77 LRB103 27829 RLC 54207 b
88 A BILL FOR
99 HB2922LRB103 27829 RLC 54207 b HB2922 LRB103 27829 RLC 54207 b
1010 HB2922 LRB103 27829 RLC 54207 b
1111 1 AN ACT concerning firearms.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 3. The Open Meetings Act is amended by changing
1515 5 Section 2 as follows:
1616 6 (5 ILCS 120/2) (from Ch. 102, par. 42)
1717 7 Sec. 2. Open meetings.
1818 8 (a) Openness required. All meetings of public bodies shall
1919 9 be open to the public unless excepted in subsection (c) and
2020 10 closed in accordance with Section 2a.
2121 11 (b) Construction of exceptions. The exceptions contained
2222 12 in subsection (c) are in derogation of the requirement that
2323 13 public bodies meet in the open, and therefore, the exceptions
2424 14 are to be strictly construed, extending only to subjects
2525 15 clearly within their scope. The exceptions authorize but do
2626 16 not require the holding of a closed meeting to discuss a
2727 17 subject included within an enumerated exception.
2828 18 (c) Exceptions. A public body may hold closed meetings to
2929 19 consider the following subjects:
3030 20 (1) The appointment, employment, compensation,
3131 21 discipline, performance, or dismissal of specific
3232 22 employees, specific individuals who serve as independent
3333 23 contractors in a park, recreational, or educational
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2922 Introduced , by Rep. Dennis Tipsword, Jr. SYNOPSIS AS INTRODUCED:
3838 See Index See Index
3939 See Index
4040 Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately.
4141 LRB103 27829 RLC 54207 b LRB103 27829 RLC 54207 b
4242 LRB103 27829 RLC 54207 b
4343 A BILL FOR
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6868 1 setting, or specific volunteers of the public body or
6969 2 legal counsel for the public body, including hearing
7070 3 testimony on a complaint lodged against an employee, a
7171 4 specific individual who serves as an independent
7272 5 contractor in a park, recreational, or educational
7373 6 setting, or a volunteer of the public body or against
7474 7 legal counsel for the public body to determine its
7575 8 validity. However, a meeting to consider an increase in
7676 9 compensation to a specific employee of a public body that
7777 10 is subject to the Local Government Wage Increase
7878 11 Transparency Act may not be closed and shall be open to the
7979 12 public and posted and held in accordance with this Act.
8080 13 (2) Collective negotiating matters between the public
8181 14 body and its employees or their representatives, or
8282 15 deliberations concerning salary schedules for one or more
8383 16 classes of employees.
8484 17 (3) The selection of a person to fill a public office,
8585 18 as defined in this Act, including a vacancy in a public
8686 19 office, when the public body is given power to appoint
8787 20 under law or ordinance, or the discipline, performance or
8888 21 removal of the occupant of a public office, when the
8989 22 public body is given power to remove the occupant under
9090 23 law or ordinance.
9191 24 (4) Evidence or testimony presented in open hearing,
9292 25 or in closed hearing where specifically authorized by law,
9393 26 to a quasi-adjudicative body, as defined in this Act,
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104104 1 provided that the body prepares and makes available for
105105 2 public inspection a written decision setting forth its
106106 3 determinative reasoning.
107107 4 (5) The purchase or lease of real property for the use
108108 5 of the public body, including meetings held for the
109109 6 purpose of discussing whether a particular parcel should
110110 7 be acquired.
111111 8 (6) The setting of a price for sale or lease of
112112 9 property owned by the public body.
113113 10 (7) The sale or purchase of securities, investments,
114114 11 or investment contracts. This exception shall not apply to
115115 12 the investment of assets or income of funds deposited into
116116 13 the Illinois Prepaid Tuition Trust Fund.
117117 14 (8) Security procedures, school building safety and
118118 15 security, and the use of personnel and equipment to
119119 16 respond to an actual, a threatened, or a reasonably
120120 17 potential danger to the safety of employees, students,
121121 18 staff, the public, or public property.
122122 19 (9) Student disciplinary cases.
123123 20 (10) The placement of individual students in special
124124 21 education programs and other matters relating to
125125 22 individual students.
126126 23 (11) Litigation, when an action against, affecting or
127127 24 on behalf of the particular public body has been filed and
128128 25 is pending before a court or administrative tribunal, or
129129 26 when the public body finds that an action is probable or
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140140 1 imminent, in which case the basis for the finding shall be
141141 2 recorded and entered into the minutes of the closed
142142 3 meeting.
143143 4 (12) The establishment of reserves or settlement of
144144 5 claims as provided in the Local Governmental and
145145 6 Governmental Employees Tort Immunity Act, if otherwise the
146146 7 disposition of a claim or potential claim might be
147147 8 prejudiced, or the review or discussion of claims, loss or
148148 9 risk management information, records, data, advice or
149149 10 communications from or with respect to any insurer of the
150150 11 public body or any intergovernmental risk management
151151 12 association or self insurance pool of which the public
152152 13 body is a member.
153153 14 (13) Conciliation of complaints of discrimination in
154154 15 the sale or rental of housing, when closed meetings are
155155 16 authorized by the law or ordinance prescribing fair
156156 17 housing practices and creating a commission or
157157 18 administrative agency for their enforcement.
158158 19 (14) Informant sources, the hiring or assignment of
159159 20 undercover personnel or equipment, or ongoing, prior or
160160 21 future criminal investigations, when discussed by a public
161161 22 body with criminal investigatory responsibilities.
162162 23 (15) Professional ethics or performance when
163163 24 considered by an advisory body appointed to advise a
164164 25 licensing or regulatory agency on matters germane to the
165165 26 advisory body's field of competence.
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176176 1 (16) Self evaluation, practices and procedures or
177177 2 professional ethics, when meeting with a representative of
178178 3 a statewide association of which the public body is a
179179 4 member.
180180 5 (17) The recruitment, credentialing, discipline or
181181 6 formal peer review of physicians or other health care
182182 7 professionals, or for the discussion of matters protected
183183 8 under the federal Patient Safety and Quality Improvement
184184 9 Act of 2005, and the regulations promulgated thereunder,
185185 10 including 42 C.F.R. Part 3 (73 FR 70732), or the federal
186186 11 Health Insurance Portability and Accountability Act of
187187 12 1996, and the regulations promulgated thereunder,
188188 13 including 45 C.F.R. Parts 160, 162, and 164, by a
189189 14 hospital, or other institution providing medical care,
190190 15 that is operated by the public body.
191191 16 (18) Deliberations for decisions of the Prisoner
192192 17 Review Board.
193193 18 (19) Review or discussion of applications received
194194 19 under the Experimental Organ Transplantation Procedures
195195 20 Act.
196196 21 (20) The classification and discussion of matters
197197 22 classified as confidential or continued confidential by
198198 23 the State Government Suggestion Award Board.
199199 24 (21) Discussion of minutes of meetings lawfully closed
200200 25 under this Act, whether for purposes of approval by the
201201 26 body of the minutes or semi-annual review of the minutes
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212212 1 as mandated by Section 2.06.
213213 2 (22) Deliberations for decisions of the State
214214 3 Emergency Medical Services Disciplinary Review Board.
215215 4 (23) The operation by a municipality of a municipal
216216 5 utility or the operation of a municipal power agency or
217217 6 municipal natural gas agency when the discussion involves
218218 7 (i) contracts relating to the purchase, sale, or delivery
219219 8 of electricity or natural gas or (ii) the results or
220220 9 conclusions of load forecast studies.
221221 10 (24) Meetings of a residential health care facility
222222 11 resident sexual assault and death review team or the
223223 12 Executive Council under the Abuse Prevention Review Team
224224 13 Act.
225225 14 (25) Meetings of an independent team of experts under
226226 15 Brian's Law.
227227 16 (26) Meetings of a mortality review team appointed
228228 17 under the Department of Juvenile Justice Mortality Review
229229 18 Team Act.
230230 19 (27) (Blank).
231231 20 (28) Correspondence and records (i) that may not be
232232 21 disclosed under Section 11-9 of the Illinois Public Aid
233233 22 Code or (ii) that pertain to appeals under Section 11-8 of
234234 23 the Illinois Public Aid Code.
235235 24 (29) Meetings between internal or external auditors
236236 25 and governmental audit committees, finance committees, and
237237 26 their equivalents, when the discussion involves internal
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248248 1 control weaknesses, identification of potential fraud risk
249249 2 areas, known or suspected frauds, and fraud interviews
250250 3 conducted in accordance with generally accepted auditing
251251 4 standards of the United States of America.
252252 5 (30) Those meetings or portions of meetings of a
253253 6 fatality review team or the Illinois Fatality Review Team
254254 7 Advisory Council during which a review of the death of an
255255 8 eligible adult in which abuse or neglect is suspected,
256256 9 alleged, or substantiated is conducted pursuant to Section
257257 10 15 of the Adult Protective Services Act.
258258 11 (31) Meetings and deliberations for decisions of the
259259 12 Concealed Carry Licensing Review Board under the Firearm
260260 13 Concealed Carry Act.
261261 14 (32) Meetings between the Regional Transportation
262262 15 Authority Board and its Service Boards when the discussion
263263 16 involves review by the Regional Transportation Authority
264264 17 Board of employment contracts under Section 28d of the
265265 18 Metropolitan Transit Authority Act and Sections 3A.18 and
266266 19 3B.26 of the Regional Transportation Authority Act.
267267 20 (33) Those meetings or portions of meetings of the
268268 21 advisory committee and peer review subcommittee created
269269 22 under Section 320 of the Illinois Controlled Substances
270270 23 Act during which specific controlled substance prescriber,
271271 24 dispenser, or patient information is discussed.
272272 25 (34) Meetings of the Tax Increment Financing Reform
273273 26 Task Force under Section 2505-800 of the Department of
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284284 1 Revenue Law of the Civil Administrative Code of Illinois.
285285 2 (35) Meetings of the group established to discuss
286286 3 Medicaid capitation rates under Section 5-30.8 of the
287287 4 Illinois Public Aid Code.
288288 5 (36) Those deliberations or portions of deliberations
289289 6 for decisions of the Illinois Gaming Board in which there
290290 7 is discussed any of the following: (i) personal,
291291 8 commercial, financial, or other information obtained from
292292 9 any source that is privileged, proprietary, confidential,
293293 10 or a trade secret; or (ii) information specifically
294294 11 exempted from the disclosure by federal or State law.
295295 12 (37) Deliberations for decisions of the Illinois Law
296296 13 Enforcement Training Standards Board, the Certification
297297 14 Review Panel, and the Illinois State Police Merit Board
298298 15 regarding certification and decertification.
299299 16 (38) Meetings of the Ad Hoc Statewide Domestic
300300 17 Violence Fatality Review Committee of the Illinois
301301 18 Criminal Justice Information Authority Board that occur in
302302 19 closed executive session under subsection (d) of Section
303303 20 35 of the Domestic Violence Fatality Review Act.
304304 21 (39) Meetings of the regional review teams under
305305 22 subsection (a) of Section 75 of the Domestic Violence
306306 23 Fatality Review Act.
307307 24 (40) Meetings of the Firearm Owner's Identification
308308 25 Card Review Board under Section 10 of the Firearm Owners
309309 26 Identification Card Act before the effective date of this
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320320 1 amendatory Act of the 103rd General Assembly.
321321 2 (d) Definitions. For purposes of this Section:
322322 3 "Employee" means a person employed by a public body whose
323323 4 relationship with the public body constitutes an
324324 5 employer-employee relationship under the usual common law
325325 6 rules, and who is not an independent contractor.
326326 7 "Public office" means a position created by or under the
327327 8 Constitution or laws of this State, the occupant of which is
328328 9 charged with the exercise of some portion of the sovereign
329329 10 power of this State. The term "public office" shall include
330330 11 members of the public body, but it shall not include
331331 12 organizational positions filled by members thereof, whether
332332 13 established by law or by a public body itself, that exist to
333333 14 assist the body in the conduct of its business.
334334 15 "Quasi-adjudicative body" means an administrative body
335335 16 charged by law or ordinance with the responsibility to conduct
336336 17 hearings, receive evidence or testimony and make
337337 18 determinations based thereon, but does not include local
338338 19 electoral boards when such bodies are considering petition
339339 20 challenges.
340340 21 (e) Final action. No final action may be taken at a closed
341341 22 meeting. Final action shall be preceded by a public recital of
342342 23 the nature of the matter being considered and other
343343 24 information that will inform the public of the business being
344344 25 conducted.
345345 26 (Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19;
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356356 1 101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff.
357357 2 8-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
358358 3 Section 5. The Freedom of Information Act is amended by
359359 4 changing Section 7.5 as follows:
360360 5 (5 ILCS 140/7.5)
361361 6 Sec. 7.5. Statutory exemptions. To the extent provided for
362362 7 by the statutes referenced below, the following shall be
363363 8 exempt from inspection and copying:
364364 9 (a) All information determined to be confidential
365365 10 under Section 4002 of the Technology Advancement and
366366 11 Development Act.
367367 12 (b) Library circulation and order records identifying
368368 13 library users with specific materials under the Library
369369 14 Records Confidentiality Act.
370370 15 (c) Applications, related documents, and medical
371371 16 records received by the Experimental Organ Transplantation
372372 17 Procedures Board and any and all documents or other
373373 18 records prepared by the Experimental Organ Transplantation
374374 19 Procedures Board or its staff relating to applications it
375375 20 has received.
376376 21 (d) Information and records held by the Department of
377377 22 Public Health and its authorized representatives relating
378378 23 to known or suspected cases of sexually transmissible
379379 24 disease or any information the disclosure of which is
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390390 1 restricted under the Illinois Sexually Transmissible
391391 2 Disease Control Act.
392392 3 (e) Information the disclosure of which is exempted
393393 4 under Section 30 of the Radon Industry Licensing Act.
394394 5 (f) Firm performance evaluations under Section 55 of
395395 6 the Architectural, Engineering, and Land Surveying
396396 7 Qualifications Based Selection Act.
397397 8 (g) Information the disclosure of which is restricted
398398 9 and exempted under Section 50 of the Illinois Prepaid
399399 10 Tuition Act.
400400 11 (h) Information the disclosure of which is exempted
401401 12 under the State Officials and Employees Ethics Act, and
402402 13 records of any lawfully created State or local inspector
403403 14 general's office that would be exempt if created or
404404 15 obtained by an Executive Inspector General's office under
405405 16 that Act.
406406 17 (i) Information contained in a local emergency energy
407407 18 plan submitted to a municipality in accordance with a
408408 19 local emergency energy plan ordinance that is adopted
409409 20 under Section 11-21.5-5 of the Illinois Municipal Code.
410410 21 (j) Information and data concerning the distribution
411411 22 of surcharge moneys collected and remitted by carriers
412412 23 under the Emergency Telephone System Act.
413413 24 (k) Law enforcement officer identification information
414414 25 or driver identification information compiled by a law
415415 26 enforcement agency or the Department of Transportation
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426426 1 under Section 11-212 of the Illinois Vehicle Code.
427427 2 (l) Records and information provided to a residential
428428 3 health care facility resident sexual assault and death
429429 4 review team or the Executive Council under the Abuse
430430 5 Prevention Review Team Act.
431431 6 (m) Information provided to the predatory lending
432432 7 database created pursuant to Article 3 of the Residential
433433 8 Real Property Disclosure Act, except to the extent
434434 9 authorized under that Article.
435435 10 (n) Defense budgets and petitions for certification of
436436 11 compensation and expenses for court appointed trial
437437 12 counsel as provided under Sections 10 and 15 of the
438438 13 Capital Crimes Litigation Act. This subsection (n) shall
439439 14 apply until the conclusion of the trial of the case, even
440440 15 if the prosecution chooses not to pursue the death penalty
441441 16 prior to trial or sentencing.
442442 17 (o) Information that is prohibited from being
443443 18 disclosed under Section 4 of the Illinois Health and
444444 19 Hazardous Substances Registry Act.
445445 20 (p) Security portions of system safety program plans,
446446 21 investigation reports, surveys, schedules, lists, data, or
447447 22 information compiled, collected, or prepared by or for the
448448 23 Department of Transportation under Sections 2705-300 and
449449 24 2705-616 of the Department of Transportation Law of the
450450 25 Civil Administrative Code of Illinois, the Regional
451451 26 Transportation Authority under Section 2.11 of the
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462462 1 Regional Transportation Authority Act, or the St. Clair
463463 2 County Transit District under the Bi-State Transit Safety
464464 3 Act.
465465 4 (q) Information prohibited from being disclosed by the
466466 5 Personnel Record Review Act.
467467 6 (r) Information prohibited from being disclosed by the
468468 7 Illinois School Student Records Act.
469469 8 (s) Information the disclosure of which is restricted
470470 9 under Section 5-108 of the Public Utilities Act.
471471 10 (t) All identified or deidentified health information
472472 11 in the form of health data or medical records contained
473473 12 in, stored in, submitted to, transferred by, or released
474474 13 from the Illinois Health Information Exchange, and
475475 14 identified or deidentified health information in the form
476476 15 of health data and medical records of the Illinois Health
477477 16 Information Exchange in the possession of the Illinois
478478 17 Health Information Exchange Office due to its
479479 18 administration of the Illinois Health Information
480480 19 Exchange. The terms "identified" and "deidentified" shall
481481 20 be given the same meaning as in the Health Insurance
482482 21 Portability and Accountability Act of 1996, Public Law
483483 22 104-191, or any subsequent amendments thereto, and any
484484 23 regulations promulgated thereunder.
485485 24 (u) Records and information provided to an independent
486486 25 team of experts under the Developmental Disability and
487487 26 Mental Health Safety Act (also known as Brian's Law).
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498498 1 (v) Names and information of people who have applied
499499 2 for or received Firearm Owner's Identification Cards under
500500 3 the Firearm Owners Identification Card Act before the
501501 4 effective date of this amendatory Act of the 103rd General
502502 5 Assembly or applied for or received a concealed carry
503503 6 license under the Firearm Concealed Carry Act, unless
504504 7 otherwise authorized by the Firearm Concealed Carry Act;
505505 8 and databases under the Firearm Concealed Carry Act,
506506 9 records of the Concealed Carry Licensing Review Board
507507 10 under the Firearm Concealed Carry Act, and law enforcement
508508 11 agency objections under the Firearm Concealed Carry Act.
509509 12 (v-5) Records of the Firearm Owner's Identification
510510 13 Card Review Board that were are exempted from disclosure
511511 14 under Section 10 of the Firearm Owners Identification Card
512512 15 Act before the effective date of this amendatory Act of
513513 16 the 103rd General Assembly.
514514 17 (w) Personally identifiable information which is
515515 18 exempted from disclosure under subsection (g) of Section
516516 19 19.1 of the Toll Highway Act.
517517 20 (x) Information which is exempted from disclosure
518518 21 under Section 5-1014.3 of the Counties Code or Section
519519 22 8-11-21 of the Illinois Municipal Code.
520520 23 (y) Confidential information under the Adult
521521 24 Protective Services Act and its predecessor enabling
522522 25 statute, the Elder Abuse and Neglect Act, including
523523 26 information about the identity and administrative finding
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534534 1 against any caregiver of a verified and substantiated
535535 2 decision of abuse, neglect, or financial exploitation of
536536 3 an eligible adult maintained in the Registry established
537537 4 under Section 7.5 of the Adult Protective Services Act.
538538 5 (z) Records and information provided to a fatality
539539 6 review team or the Illinois Fatality Review Team Advisory
540540 7 Council under Section 15 of the Adult Protective Services
541541 8 Act.
542542 9 (aa) Information which is exempted from disclosure
543543 10 under Section 2.37 of the Wildlife Code.
544544 11 (bb) Information which is or was prohibited from
545545 12 disclosure by the Juvenile Court Act of 1987.
546546 13 (cc) Recordings made under the Law Enforcement
547547 14 Officer-Worn Body Camera Act, except to the extent
548548 15 authorized under that Act.
549549 16 (dd) Information that is prohibited from being
550550 17 disclosed under Section 45 of the Condominium and Common
551551 18 Interest Community Ombudsperson Act.
552552 19 (ee) Information that is exempted from disclosure
553553 20 under Section 30.1 of the Pharmacy Practice Act.
554554 21 (ff) Information that is exempted from disclosure
555555 22 under the Revised Uniform Unclaimed Property Act.
556556 23 (gg) Information that is prohibited from being
557557 24 disclosed under Section 7-603.5 of the Illinois Vehicle
558558 25 Code.
559559 26 (hh) Records that are exempt from disclosure under
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570570 1 Section 1A-16.7 of the Election Code.
571571 2 (ii) Information which is exempted from disclosure
572572 3 under Section 2505-800 of the Department of Revenue Law of
573573 4 the Civil Administrative Code of Illinois.
574574 5 (jj) Information and reports that are required to be
575575 6 submitted to the Department of Labor by registering day
576576 7 and temporary labor service agencies but are exempt from
577577 8 disclosure under subsection (a-1) of Section 45 of the Day
578578 9 and Temporary Labor Services Act.
579579 10 (kk) Information prohibited from disclosure under the
580580 11 Seizure and Forfeiture Reporting Act.
581581 12 (ll) Information the disclosure of which is restricted
582582 13 and exempted under Section 5-30.8 of the Illinois Public
583583 14 Aid Code.
584584 15 (mm) Records that are exempt from disclosure under
585585 16 Section 4.2 of the Crime Victims Compensation Act.
586586 17 (nn) Information that is exempt from disclosure under
587587 18 Section 70 of the Higher Education Student Assistance Act.
588588 19 (oo) Communications, notes, records, and reports
589589 20 arising out of a peer support counseling session
590590 21 prohibited from disclosure under the First Responders
591591 22 Suicide Prevention Act.
592592 23 (pp) Names and all identifying information relating to
593593 24 an employee of an emergency services provider or law
594594 25 enforcement agency under the First Responders Suicide
595595 26 Prevention Act.
596596
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598598
599599
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605605 HB2922 - 17 - LRB103 27829 RLC 54207 b
606606 1 (qq) Information and records held by the Department of
607607 2 Public Health and its authorized representatives collected
608608 3 under the Reproductive Health Act.
609609 4 (rr) Information that is exempt from disclosure under
610610 5 the Cannabis Regulation and Tax Act.
611611 6 (ss) Data reported by an employer to the Department of
612612 7 Human Rights pursuant to Section 2-108 of the Illinois
613613 8 Human Rights Act.
614614 9 (tt) Recordings made under the Children's Advocacy
615615 10 Center Act, except to the extent authorized under that
616616 11 Act.
617617 12 (uu) Information that is exempt from disclosure under
618618 13 Section 50 of the Sexual Assault Evidence Submission Act.
619619 14 (vv) Information that is exempt from disclosure under
620620 15 subsections (f) and (j) of Section 5-36 of the Illinois
621621 16 Public Aid Code.
622622 17 (ww) Information that is exempt from disclosure under
623623 18 Section 16.8 of the State Treasurer Act.
624624 19 (xx) Information that is exempt from disclosure or
625625 20 information that shall not be made public under the
626626 21 Illinois Insurance Code.
627627 22 (yy) Information prohibited from being disclosed under
628628 23 the Illinois Educational Labor Relations Act.
629629 24 (zz) Information prohibited from being disclosed under
630630 25 the Illinois Public Labor Relations Act.
631631 26 (aaa) Information prohibited from being disclosed
632632
633633
634634
635635
636636
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638638
639639
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641641 HB2922 - 18 - LRB103 27829 RLC 54207 b
642642 1 under Section 1-167 of the Illinois Pension Code.
643643 2 (bbb) Information that is prohibited from disclosure
644644 3 by the Illinois Police Training Act and the Illinois State
645645 4 Police Act.
646646 5 (ccc) Records exempt from disclosure under Section
647647 6 2605-304 of the Illinois State Police Law of the Civil
648648 7 Administrative Code of Illinois.
649649 8 (ddd) Information prohibited from being disclosed
650650 9 under Section 35 of the Address Confidentiality for
651651 10 Victims of Domestic Violence, Sexual Assault, Human
652652 11 Trafficking, or Stalking Act.
653653 12 (eee) Information prohibited from being disclosed
654654 13 under subsection (b) of Section 75 of the Domestic
655655 14 Violence Fatality Review Act.
656656 15 (fff) Images from cameras under the Expressway Camera
657657 16 Act. This subsection (fff) is inoperative on and after
658658 17 July 1, 2023.
659659 18 (ggg) Information prohibited from disclosure under
660660 19 paragraph (3) of subsection (a) of Section 14 of the Nurse
661661 20 Agency Licensing Act.
662662 21 (hhh) Information submitted to the Department of State
663663 22 Police in an affidavit or application for an assault
664664 23 weapon endorsement, assault weapon attachment endorsement,
665665 24 .50 caliber rifle endorsement, or .50 caliber cartridge
666666 25 endorsement under the Firearm Owners Identification Card
667667 26 Act.
668668
669669
670670
671671
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674674
675675
676676 HB2922- 19 -LRB103 27829 RLC 54207 b HB2922 - 19 - LRB103 27829 RLC 54207 b
677677 HB2922 - 19 - LRB103 27829 RLC 54207 b
678678 1 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
679679 2 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
680680 3 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
681681 4 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
682682 5 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
683683 6 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
684684 7 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
685685 8 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
686686 9 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)
687687 10 Section 5.5. The Illinois TRUST Act is amended by changing
688688 11 Section 15 as follows:
689689 12 (5 ILCS 805/15)
690690 13 Sec. 15. Prohibition on enforcing federal civil
691691 14 immigration laws.
692692 15 (a) A law enforcement agency or law enforcement official
693693 16 shall not detain or continue to detain any individual solely
694694 17 on the basis of any immigration detainer or civil immigration
695695 18 warrant or otherwise comply with an immigration detainer or
696696 19 civil immigration warrant.
697697 20 (b) A law enforcement agency or law enforcement official
698698 21 shall not stop, arrest, search, detain, or continue to detain
699699 22 a person solely based on an individual's citizenship or
700700 23 immigration status.
701701 24 (c) (Blank).
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712712 1 (d) A law enforcement agency or law enforcement official
713713 2 acting in good faith in compliance with this Section who
714714 3 releases a person subject to an immigration detainer or civil
715715 4 immigration warrant shall have immunity from any civil or
716716 5 criminal liability that might otherwise occur as a result of
717717 6 making the release, with the exception of willful or wanton
718718 7 misconduct.
719719 8 (e) A law enforcement agency or law enforcement official
720720 9 may not inquire about or investigate the citizenship or
721721 10 immigration status or place of birth of any individual in the
722722 11 agency or official's custody or who has otherwise been stopped
723723 12 or detained by the agency or official. Nothing in this
724724 13 subsection shall be construed to limit the ability of a law
725725 14 enforcement agency or law enforcement official, pursuant to
726726 15 State or federal law, to notify a person in the law enforcement
727727 16 agency's custody about that person's right to communicate with
728728 17 consular officers from that person's country of nationality,
729729 18 or facilitate such communication, in accordance with the
730730 19 Vienna Convention on Consular Relations or other bilateral
731731 20 agreements. Nothing in this subsection shall be construed to
732732 21 limit the ability of a law enforcement agency or law
733733 22 enforcement official to request evidence of citizenship or
734734 23 immigration status pursuant to the Firearm Owners
735735 24 Identification Card Act, the Firearm Concealed Carry Act,
736736 25 Article 24 of the Criminal Code of 2012, or 18 United States
737737 26 Code Sections 921 through 931.
738738
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748748 1 (f) Unless otherwise limited by federal law, a law
749749 2 enforcement agency or law enforcement official may not deny
750750 3 services, benefits, privileges, or opportunities to an
751751 4 individual in custody or under probation status, including,
752752 5 but not limited to, eligibility for or placement in a lower
753753 6 custody classification, educational, rehabilitative, or
754754 7 diversionary programs, on the basis of the individual's
755755 8 citizenship or immigration status, the issuance of an
756756 9 immigration detainer or civil immigration warrant against the
757757 10 individual, or the individual being in immigration removal
758758 11 proceedings.
759759 12 (g)(1) No law enforcement agency, law enforcement
760760 13 official, or any unit of State or local government may enter
761761 14 into or renew any contract, intergovernmental service
762762 15 agreement, or any other agreement to house or detain
763763 16 individuals for federal civil immigration violations.
764764 17 (2) Any law enforcement agency, law enforcement official,
765765 18 or unit of State or local government with an existing
766766 19 contract, intergovernmental agreement, or other agreement,
767767 20 whether in whole or in part, that is utilized to house or
768768 21 detain individuals for civil immigration violations shall
769769 22 exercise the termination provision in the agreement as applied
770770 23 to housing or detaining individuals for civil immigration
771771 24 violations no later than January 1, 2022.
772772 25 (h) Unless presented with a federal criminal warrant, or
773773 26 otherwise required by federal law, a law enforcement agency or
774774
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784784 1 official may not:
785785 2 (1) participate, support, or assist in any capacity
786786 3 with an immigration agent's enforcement operations,
787787 4 including any collateral assistance such as coordinating
788788 5 an arrest in a courthouse or other public facility,
789789 6 providing use of any equipment, transporting any
790790 7 individuals, or establishing a security or traffic
791791 8 perimeter surrounding such operations, or any other
792792 9 on-site support;
793793 10 (2) give any immigration agent access, including by
794794 11 telephone, to any individual who is in that agency's
795795 12 custody;
796796 13 (3) transfer any person into an immigration agent's
797797 14 custody;
798798 15 (4) permit immigration agents use of agency facilities
799799 16 or equipment, including any agency electronic databases
800800 17 not available to the public, for investigative interviews
801801 18 or other investigative or immigration enforcement purpose;
802802 19 (5) enter into or maintain any agreement regarding
803803 20 direct access to any electronic database or other
804804 21 data-sharing platform maintained by any law enforcement
805805 22 agency, or otherwise provide such direct access to the
806806 23 U.S. Immigration and Customs Enforcement, United States
807807 24 Customs and Border Protection or any other federal entity
808808 25 enforcing civil immigration violations;
809809 26 (6) provide information in response to any immigration
810810
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812812
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816816
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819819 HB2922 - 23 - LRB103 27829 RLC 54207 b
820820 1 agent's inquiry or request for information regarding any
821821 2 individual in the agency's custody; or
822822 3 (7) provide to any immigration agent information not
823823 4 otherwise available to the public relating to an
824824 5 individual's release or contact information, or otherwise
825825 6 facilitate for an immigration agent to apprehend or
826826 7 question an individual for immigration enforcement.
827827 8 (i) Nothing in this Section shall preclude a law
828828 9 enforcement official from otherwise executing that official's
829829 10 duties in investigating violations of criminal law and
830830 11 cooperating in such investigations with federal and other law
831831 12 enforcement agencies (including criminal investigations
832832 13 conducted by federal Homeland Security Investigations (HSI))
833833 14 in order to ensure public safety.
834834 15 (Source: P.A. 102-234, eff. 8-2-21; revised 9-14-22.)
835835 16 Section 6. The Gun Trafficking Information Act is amended
836836 17 by changing Section 10-5 as follows:
837837 18 (5 ILCS 830/10-5)
838838 19 Sec. 10-5. Gun trafficking information.
839839 20 (a) The Illinois State Police shall use all reasonable
840840 21 efforts in making publicly available, on a regular and ongoing
841841 22 basis, key information related to firearms used in the
842842 23 commission of crimes in this State, including, but not limited
843843 24 to: reports on crimes committed with firearms, locations where
844844
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853853 HB2922 - 24 - LRB103 27829 RLC 54207 b
854854 1 the crimes occurred, the number of persons killed or injured
855855 2 in the commission of the crimes, the state where the firearms
856856 3 used originated, the Federal Firearms Licensee that sold the
857857 4 firearm, the type of firearms used, annual statistical
858858 5 information concerning Firearm Owner's Identification Card and
859859 6 concealed carry license applications, revocations, and
860860 7 compliance with Section 9.5 of the Firearm Owners
861861 8 Identification Card Act, firearm restraining order
862862 9 dispositions, and firearm dealer license certification
863863 10 inspections. The Illinois State Police shall make the
864864 11 information available on its website, which may be presented
865865 12 in a dashboard format, in addition to electronically filing a
866866 13 report with the Governor and the General Assembly. The report
867867 14 to the General Assembly shall be filed with the Clerk of the
868868 15 House of Representatives and the Secretary of the Senate in
869869 16 electronic form only, in the manner that the Clerk and the
870870 17 Secretary shall direct.
871871 18 (b) (Blank). The Illinois State Police shall study, on a
872872 19 regular and ongoing basis, and compile reports on the number
873873 20 of Firearm Owner's Identification Card checks to determine
874874 21 firearms trafficking or straw purchase patterns. The Illinois
875875 22 State Police shall, to the extent not inconsistent with law,
876876 23 share such reports and underlying data with academic centers,
877877 24 foundations, and law enforcement agencies studying firearms
878878 25 trafficking, provided that personally identifying information
879879 26 is protected. For purposes of this subsection (b), a Firearm
880880
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886886
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889889 HB2922 - 25 - LRB103 27829 RLC 54207 b
890890 1 Owner's Identification Card number is not personally
891891 2 identifying information, provided that no other personal
892892 3 information of the card holder is attached to the record. The
893893 4 Illinois State Police may create and attach an alternate
894894 5 unique identifying number to each Firearm Owner's
895895 6 Identification Card number, instead of releasing the Firearm
896896 7 Owner's Identification Card number itself.
897897 8 (c) Each department, office, division, and agency of this
898898 9 State shall, to the extent not inconsistent with law,
899899 10 cooperate fully with the Illinois State Police and furnish the
900900 11 Illinois State Police with all relevant information and
901901 12 assistance on a timely basis as is necessary to accomplish the
902902 13 purpose of this Act. The Illinois Criminal Justice Information
903903 14 Authority shall submit the information required in subsection
904904 15 (a) of this Section to the Illinois State Police, and any other
905905 16 information as the Illinois State Police may request, to
906906 17 assist the Illinois State Police in carrying out its duties
907907 18 under this Act.
908908 19 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
909909 20 102-813, eff. 5-13-22.)
910910 21 Section 7. The First Responders Suicide Prevention Act is
911911 22 amended by changing Section 40 as follows:
912912 23 (5 ILCS 840/40)
913913 24 Sec. 40. Task Force recommendations.
914914
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924924 1 (a) Task Force members shall recommend that agencies and
925925 2 organizations guarantee access to mental health and wellness
926926 3 services, including, but not limited to, peer support programs
927927 4 and providing ongoing education related to the ever-evolving
928928 5 concept of mental health wellness. These recommendations could
929929 6 be accomplished by:
930930 7 (1) Revising agencies' and organizations' employee
931931 8 assistance programs (EAPs).
932932 9 (2) Urging health care providers to replace outdated
933933 10 healthcare plans and include more progressive options
934934 11 catering to the needs and disproportionate risks
935935 12 shouldered by our first responders.
936936 13 (3) Allocating funding or resources for public service
937937 14 announcements (PSA) and messaging campaigns aimed at
938938 15 raising awareness of available assistance options.
939939 16 (4) Encouraging agencies and organizations to attach
940940 17 lists of all available resources to training manuals and
941941 18 continuing education requirements.
942942 19 (b) Task Force members shall recommend agencies and
943943 20 organizations sponsor or facilitate first responders with
944944 21 specialized training in the areas of psychological fitness,
945945 22 depressive disorders, early detection, and mitigation best
946946 23 practices. Such trainings could be accomplished by:
947947 24 (1) Assigning, appointing, or designating one member
948948 25 of an agency or organization to attend specialized
949949 26 training(s) sponsored by an accredited agency,
950950
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960960 1 association, or organization recognized in their fields of
961961 2 study.
962962 3 (2) Seeking sponsorships or conducting fund-raisers,
963963 4 to host annual or semiannual on-site visits from qualified
964964 5 clinicians or physicians to provide early detection
965965 6 training techniques, or to provide regular access to
966966 7 mental health professionals.
967967 8 (3) Requiring a minimum number of hours of disorders
968968 9 and wellness training be incorporated into reoccurring,
969969 10 annual or biannual training standards, examinations, and
970970 11 curriculums, taking into close consideration respective
971971 12 agency or organization size, frequency, and number of all
972972 13 current federal and state mandatory examinations and
973973 14 trainings expected respectively.
974974 15 (4) Not underestimating the crucial importance of a
975975 16 balanced diet, sleep, mindfulness-based stress reduction
976976 17 techniques, moderate and vigorous intensity activities,
977977 18 and recreational hobbies, which have been scientifically
978978 19 proven to play a major role in brain health and mental
979979 20 wellness.
980980 21 (c) Task Force members shall recommend that administrators
981981 22 and leadership personnel solicit training services from
982982 23 evidence-based, data driven organizations. Organizations with
983983 24 personnel trained on the analytical review and interpretation
984984 25 of specific fields related to the nature of first responders'
985985 26 exploits, such as PTSD, substance abuse, chronic state of
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996996 1 duress. Task Force members shall further recommend funding for
997997 2 expansion and messaging campaigns of preliminary
998998 3 self-diagnosing technologies like the one described above.
999999 4 These objectives could be met by:
10001000 5 (1) Contacting an accredited agency, association, or
10011001 6 organization recognized in the field or fields of specific
10021002 7 study. Unbeknownst to the majority, many of the agencies
10031003 8 and organizations listed above receive grants and
10041004 9 allocations to assist communities with the very issues
10051005 10 being discussed in this Section.
10061006 11 (2) Normalizing help-seeking behaviors for both first
10071007 12 responders and their families through regular messaging
10081008 13 and peer support outreach, beginning with academy
10091009 14 curricula and continuing education throughout individuals'
10101010 15 careers.
10111011 16 (3) Funding and implementing PSA campaigns that
10121012 17 provide clear and concise calls to action about mental
10131013 18 health and wellness, resiliency, help-seeking, treatment,
10141014 19 and recovery.
10151015 20 (4) Promoting and raising awareness of not-for-profit
10161016 21 non-for-profit organizations currently available to assist
10171017 22 individuals in search of care and treatment. Organizations
10181018 23 have intuitive user-friendly sites, most of which have
10191019 24 mobile applications, so first responders can access at a
10201020 25 moment's notice. However, because of limited funds, these
10211021 26 organizations have a challenging time of getting the word
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10321032 1 out there about their existence.
10331033 2 (5) Expanding Family and Medical Leave Act protections
10341034 3 for individuals voluntarily seeking preventative
10351035 4 treatment.
10361036 5 (6) Promoting and ensuring complete patient
10371037 6 confidentiality protections.
10381038 7 (d) Task Force members shall recommend that agencies and
10391039 8 organizations incorporate the following training components
10401040 9 into already existing modules and educational curriculums.
10411041 10 Doing so could be done by:
10421042 11 (1) Bolstering academy and school curricula by
10431043 12 requiring depressive disorder training catered to PTSD,
10441044 13 substance abuse, and early detection techniques training,
10451045 14 taking into close consideration respective agency or
10461046 15 organization size, and the frequency and number of all
10471047 16 current federal and state mandatory examinations and
10481048 17 trainings expected respectively.
10491049 18 (2) Continuing to allocate or match federal and state
10501050 19 funds to maintain Mobile Mobil Training Units (MTUs).
10511051 20 (3) Incorporating a state certificate for peer support
10521052 21 training into already exiting statewide curriculums and
10531053 22 mandatory examinations, annual State Fire Marshal
10541054 23 examinations, and physical fitness examinations. The
10551055 24 subject matter of the certificate should have an emphasis
10561056 25 on mental health and wellness, as well as familiarization
10571057 26 with topics ranging from clinical social work, clinical
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10681068 1 psychology, clinical behaviorist, and clinical psychiatry.
10691069 2 (4) Incorporating and performing statewide mental
10701070 3 health check-ins during the same times as already mandated
10711071 4 trainings. These checks are not to be compared or used as
10721072 5 measures of fitness for duty evaluations or structured
10731073 6 psychological examinations.
10741074 7 (5) Recommending comprehensive and evidence-based
10751075 8 training on the importance of preventative measures on the
10761076 9 topics of sleep, nutrition, mindfulness, and physical
10771077 10 movement.
10781078 11 (6) (Blank). Law enforcement agencies should provide
10791079 12 training on the Firearm Owner's Identification Card Act,
10801080 13 including seeking relief from the Illinois State Police
10811081 14 under Section 10 of the Firearm Owners Identification Card
10821082 15 Act and a FOID card being a continued condition of
10831083 16 employment under Section 7.2 of the Uniform Peace
10841084 17 Officers' Disciplinary Act.
10851085 18 (Source: P.A. 102-352, eff. 6-1-22; revised 8-8-22.)
10861086 19 Section 10. The Illinois State Police Law of the Civil
10871087 20 Administrative Code of Illinois is amended by changing
10881088 21 Sections 2605-10, 2605-45, 2605-200, and 2605-595 as follows:
10891089 22 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)
10901090 23 Sec. 2605-10. Powers and duties, generally.
10911091 24 (a) The Illinois State Police shall exercise the rights,
10921092
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11021102 1 powers, and duties that have been vested in the Illinois State
11031103 2 Police by the following:
11041104 3 The Illinois State Police Act.
11051105 4 The Illinois State Police Radio Act.
11061106 5 The Criminal Identification Act.
11071107 6 The Illinois Vehicle Code.
11081108 7 The Firearm Owners Identification Card Act.
11091109 8 The Firearm Concealed Carry Act.
11101110 9 The Gun Dealer Licensing Act.
11111111 10 The Intergovernmental Missing Child Recovery Act of 1984.
11121112 11 The Intergovernmental Drug Laws Enforcement Act.
11131113 12 The Narcotic Control Division Abolition Act.
11141114 13 (b) The Illinois State Police shall have the powers and
11151115 14 duties set forth in the following Sections.
11161116 15 (Source: P.A. 102-538, eff. 8-20-21.)
11171117 16 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
11181118 17 Sec. 2605-45. Division of Justice Services. The Division
11191119 18 of Justice Services shall exercise the following functions:
11201120 19 (1) Operate and maintain the Law Enforcement Agencies
11211121 20 Data System (LEADS), a statewide, computerized
11221122 21 telecommunications system designed to provide services,
11231123 22 information, and capabilities to the law enforcement and
11241124 23 criminal justice community in the State of Illinois. The
11251125 24 Director is responsible for establishing policy,
11261126 25 procedures, and regulations consistent with State and
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11361136 HB2922 - 32 - LRB103 27829 RLC 54207 b
11371137 1 federal rules, policies, and law by which LEADS operates.
11381138 2 The Director shall designate a statewide LEADS
11391139 3 Administrator for management of the system. The Director
11401140 4 may appoint a LEADS Advisory Policy Board to reflect the
11411141 5 needs and desires of the law enforcement and criminal
11421142 6 justice community and to make recommendations concerning
11431143 7 policies and procedures.
11441144 8 (2) Pursue research and the publication of studies
11451145 9 pertaining to local law enforcement activities.
11461146 10 (3) Serve as the State's point of contact for the
11471147 11 Federal Bureau of Investigation's Uniform Crime Reporting
11481148 12 Program and National Incident-Based Reporting System.
11491149 13 (4) Operate an electronic data processing and computer
11501150 14 center for the storage and retrieval of data pertaining to
11511151 15 criminal activity.
11521152 16 (5) Exercise the rights, powers, and duties vested in
11531153 17 the Illinois State Police by the Cannabis Regulation and
11541154 18 Tax Act and the Compassionate Use of Medical Cannabis
11551155 19 Program Act.
11561156 20 (6) (Blank).
11571157 21 (6.5) (Blank). Exercise the rights, powers, and duties
11581158 22 vested in the Illinois State Police by the Firearm Owners
11591159 23 Identification Card Act, the Firearm Concealed Carry Act,
11601160 24 and the Firearm Dealer License Certification Act.
11611161 25 (7) Exercise other duties that may be assigned by the
11621162 26 Director to fulfill the responsibilities and achieve the
11631163
11641164
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11731173 1 purposes of the Illinois State Police.
11741174 2 (8) Exercise the rights, powers, and duties vested by
11751175 3 law in the Illinois State Police by the Criminal
11761176 4 Identification Act.
11771177 5 (9) Exercise the powers and perform the duties that
11781178 6 have been vested in the Illinois State Police by the Sex
11791179 7 Offender Registration Act and the Sex Offender Community
11801180 8 Notification Law and adopt reasonable rules necessitated
11811181 9 thereby.
11821182 10 (Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
11831183 11 (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)
11841184 12 Sec. 2605-200. Investigations of crime; enforcement of
11851185 13 laws; records; crime laboratories; personnel.
11861186 14 (a) To do the following:
11871187 15 (1) Investigate the origins, activities, personnel,
11881188 16 and incidents of crime and the ways and means to redress
11891189 17 the victims of crimes; study the impact, if any, of
11901190 18 legislation relative to the effusion of crime and growing
11911191 19 crime rates; and enforce the criminal laws of this State
11921192 20 related thereto.
11931193 21 (2) Enforce all laws regulating the production, sale,
11941194 22 prescribing, manufacturing, administering, transporting,
11951195 23 having in possession, dispensing, delivering,
11961196 24 distributing, or use of controlled substances and
11971197 25 cannabis.
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12081208 1 (3) Employ skilled experts, scientists, technicians,
12091209 2 investigators, or otherwise specially qualified persons to
12101210 3 aid in preventing or detecting crime, apprehending
12111211 4 criminals, or preparing and presenting evidence of
12121212 5 violations of the criminal laws of the State.
12131213 6 (4) Cooperate with the police of cities, villages, and
12141214 7 incorporated towns and with the police officers of any
12151215 8 county in enforcing the laws of the State and in making
12161216 9 arrests and recovering property.
12171217 10 (5) Apprehend and deliver up any person charged in
12181218 11 this State or any other state of the United States with
12191219 12 treason or a felony or other crime who has fled from
12201220 13 justice and is found in this State.
12211221 14 (6) Conduct other investigations as provided by law.
12221222 15 (7) Be a central repository and custodian of criminal
12231223 16 statistics for the State.
12241224 17 (8) Be a central repository for criminal history
12251225 18 record information.
12261226 19 (9) Procure and file for record information that is
12271227 20 necessary and helpful to plan programs of crime
12281228 21 prevention, law enforcement, and criminal justice.
12291229 22 (10) Procure and file for record copies of
12301230 23 fingerprints that may be required by law.
12311231 24 (11) Establish general and field crime laboratories.
12321232 25 (12) (Blank). Register and file for record information
12331233 26 that may be required by law for the issuance of firearm
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12441244 1 owner's identification cards under the Firearm Owners
12451245 2 Identification Card Act and concealed carry licenses under
12461246 3 the Firearm Concealed Carry Act.
12471247 4 (13) Employ laboratory technicians and other specially
12481248 5 qualified persons to aid in the identification of criminal
12491249 6 activity and the identification, collection, and recovery
12501250 7 of cyber forensics, including but not limited to digital
12511251 8 evidence, and may employ polygraph operators.
12521252 9 (14) Undertake other identification, information,
12531253 10 laboratory, statistical, or registration activities that
12541254 11 may be required by law.
12551255 12 (b) Persons exercising the powers set forth in subsection
12561256 13 (a) within the Illinois State Police are conservators of the
12571257 14 peace and as such have all the powers possessed by policemen in
12581258 15 cities and sheriffs, except that they may exercise those
12591259 16 powers anywhere in the State in cooperation with and after
12601260 17 contact with the local law enforcement officials. Those
12611261 18 persons may use false or fictitious names in the performance
12621262 19 of their duties under this Section, upon approval of the
12631263 20 Director, and shall not be subject to prosecution under the
12641264 21 criminal laws for that use.
12651265 22 (Source: P.A. 102-538, eff. 8-20-21.)
12661266 23 (20 ILCS 2605/2605-595)
12671267 24 Sec. 2605-595. State Police Firearm Services Fund.
12681268 25 (a) There is created in the State treasury a special fund
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12791279 1 known as the State Police Firearm Services Fund. The Fund
12801280 2 shall receive revenue under the Firearm Concealed Carry Act
12811281 3 and , the Firearm Dealer License Certification Act, and
12821282 4 Section 5 of the Firearm Owners Identification Card Act. The
12831283 5 Fund may also receive revenue from grants, pass-through
12841284 6 grants, donations, appropriations, and any other legal source.
12851285 7 (a-5) Notwithstanding any other provision of law to the
12861286 8 contrary, and in addition to any other transfers that may be
12871287 9 provided by law, on the effective date of this amendatory Act
12881288 10 of the 102nd General Assembly, or as soon thereafter as
12891289 11 practical, the State Comptroller shall direct and the State
12901290 12 Treasurer shall transfer the remaining balance from the
12911291 13 Firearm Dealer License Certification Fund into the State
12921292 14 Police Firearm Services Fund. Upon completion of the transfer,
12931293 15 the Firearm Dealer License Certification Fund is dissolved,
12941294 16 and any future deposits due to that Fund and any outstanding
12951295 17 obligations or liabilities of that Fund shall pass to the
12961296 18 State Police Firearm Services Fund.
12971297 19 (b) The Illinois State Police may use moneys in the Fund to
12981298 20 finance any of its lawful purposes, mandates, functions, and
12991299 21 duties under the Firearm Owners Identification Card Act, the
13001300 22 Firearm Dealer License Certification Act, and the Firearm
13011301 23 Concealed Carry Act, including the cost of sending notices of
13021302 24 expiration of Firearm Owner's Identification Cards, concealed
13031303 25 carry licenses, the prompt and efficient processing of
13041304 26 applications under the Firearm Owners Identification Card Act
13051305
13061306
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13151315 1 and the Firearm Concealed Carry Act, the improved efficiency
13161316 2 and reporting of the LEADS and federal NICS law enforcement
13171317 3 data systems, and support for investigations required under
13181318 4 these Acts and law. Any surplus funds beyond what is needed to
13191319 5 comply with the aforementioned purposes shall be used by the
13201320 6 Illinois State Police to improve the Law Enforcement Agencies
13211321 7 Data System (LEADS) and criminal history background check
13221322 8 system.
13231323 9 (c) Investment income that is attributable to the
13241324 10 investment of moneys in the Fund shall be retained in the Fund
13251325 11 for the uses specified in this Section.
13261326 12 (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)
13271327 13 (20 ILCS 2605/2605-120 rep.)
13281328 14 (20 ILCS 2605/2605-304 rep.)
13291329 15 Section 15. The Department of State Police Law of the
13301330 16 Civil Administrative Code of Illinois is amended by repealing
13311331 17 Sections 2605-120 and 2605-304.
13321332 18 Section 20. The Criminal Identification Act is amended by
13331333 19 changing Section 2.2 as follows:
13341334 20 (20 ILCS 2630/2.2)
13351335 21 Sec. 2.2. Notification to the Illinois State Police. Upon
13361336 22 judgment of conviction of a violation of Section 12-1, 12-2,
13371337 23 12-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or
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13481348 1 the Criminal Code of 2012 when the defendant has been
13491349 2 determined, pursuant to Section 112A-11.1 of the Code of
13501350 3 Criminal Procedure of 1963, to be subject to the prohibitions
13511351 4 of 18 U.S.C. 922(g)(9), the circuit court clerk shall include
13521352 5 notification and a copy of the written determination in a
13531353 6 report of the conviction to the Illinois State Police Firearm
13541354 7 Owner's Identification Card Office to enable the Illinois
13551355 8 State Police office to perform its duties under the Firearm
13561356 9 Concealed Carry Act and Sections 4 and 8 of the Firearm Owners
13571357 10 Identification Card Act and to report that determination to
13581358 11 the Federal Bureau of Investigation to assist the Federal
13591359 12 Bureau of Investigation in identifying persons prohibited from
13601360 13 purchasing and possessing a firearm pursuant to the provisions
13611361 14 of 18 U.S.C. 922. The written determination described in this
13621362 15 Section shall be included in the defendant's record of arrest
13631363 16 and conviction in the manner and form prescribed by the
13641364 17 Illinois State Police.
13651365 18 (Source: P.A. 102-538, eff. 8-20-21.)
13661366 19 Section 21. The Illinois Criminal Justice Information Act
13671367 20 is amended by changing Section 7.9 as follows:
13681368 21 (20 ILCS 3930/7.9)
13691369 22 (Section scheduled to be repealed on July 1, 2027)
13701370 23 Sec. 7.9. Firearm Prohibitors and Records Improvement Task
13711371 24 Force.
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13821382 1 (a) As used in this Section, "firearms prohibitor" means
13831383 2 any factor listed in Section 4 of the Firearm Owners
13841384 3 Identification Card Act or Section 24-3 or 24-3.1 of the
13851385 4 Criminal Code of 2012 that prohibits a person from
13861386 5 transferring or possessing a firearm, firearm ammunition,
13871387 6 Firearm Owner's Identification Card, or concealed carry
13881388 7 license.
13891389 8 (b) The Firearm Prohibitors and Records Improvement Task
13901390 9 Force is created to identify and research all available
13911391 10 grants, resources, and revenue that may be applied for and
13921392 11 used by all entities responsible for reporting federal and
13931393 12 State firearm prohibitors to the Illinois State Police and the
13941394 13 National Instant Criminal Background Check System. These Under
13951395 14 the Firearm Owners Identification Card Act, these reporting
13961396 15 entities include, but are not limited to, hospitals, courts,
13971397 16 law enforcement and corrections. The Task Force shall identify
13981398 17 weaknesses in reporting and recommend a strategy to direct
13991399 18 resources and revenue to ensuring reporting is reliable,
14001400 19 accurate, and timely. The Task Force shall inventory all
14011401 20 statutorily mandated firearm and gun violence related data
14021402 21 collection and reporting requirements, along with the agency
14031403 22 responsible for collecting that data, and identify gaps in
14041404 23 those requirements. The Task Force shall submit a coordinated
14051405 24 application with and through the Illinois Criminal Justice
14061406 25 Information Authority for federal funds from the National
14071407 26 Criminal History Improvement Program and the NICS Acts Record
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14181418 1 Improvement Program. The Firearm Prohibitors and Records
14191419 2 Improvement Task Force shall be comprised of the following
14201420 3 members, all of whom shall serve without compensation:
14211421 4 (1) the Executive Director of the Illinois Criminal
14221422 5 Justice Information Authority, who shall serve as Chair;
14231423 6 (2) the Director of the Illinois State Police, or his
14241424 7 or her designee;
14251425 8 (3) the Secretary of Human Services, or his or her
14261426 9 designee;
14271427 10 (4) the Director of Corrections, or his or her
14281428 11 designee;
14291429 12 (5) the Attorney General, or his or her designee;
14301430 13 (6) the Director of the Administrative Office of the
14311431 14 Illinois Courts, or his or her designee;
14321432 15 (7) a representative of an association representing
14331433 16 circuit clerks appointed by the President of the Senate;
14341434 17 (8) a representative of an association representing
14351435 18 sheriffs appointed by the House Minority Leader;
14361436 19 (9) a representative of an association representing
14371437 20 State's Attorneys appointed by the House Minority Leader;
14381438 21 (10) a representative of an association representing
14391439 22 chiefs of police appointed by the Senate Minority Leader;
14401440 23 (11) a representative of an association representing
14411441 24 hospitals appointed by the Speaker of the House of
14421442 25 Representatives;
14431443 26 (12) a representative of an association representing
14441444
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14541454 1 counties appointed by the President of the Senate; and
14551455 2 (13) a representative of an association representing
14561456 3 municipalities appointed by the Speaker of the House of
14571457 4 Representatives.
14581458 5 (c) The Illinois Criminal Justice Information Authority
14591459 6 shall provide administrative and other support to the Task
14601460 7 Force. The Illinois State Police Division of Justice Services
14611461 8 shall also provide support to the Illinois Criminal Justice
14621462 9 Information Authority and the Task Force.
14631463 10 (d) The Task Force may meet in person or virtually and
14641464 11 shall issue a written report of its findings and
14651465 12 recommendations to General Assembly on or before July 1, 2022.
14661466 13 The Task Force shall issue an annual report, which shall
14671467 14 include information on the state of FOID data, including a
14681468 15 review of previous activity by the Task Force to close
14691469 16 previously identified gaps; identifying known (or new) gaps; a
14701470 17 proposal of policy and practice recommendations to close those
14711471 18 gaps; and a preview of expected activities of the Task Force
14721472 19 for the coming year.
14731473 20 (e) Within 60 days of the effective date of this
14741474 21 amendatory Act of the 102nd General Assembly, the Chair shall
14751475 22 establish the Task Force.
14761476 23 (f) This Section is repealed on July 1, 2027.
14771477 24 (Source: P.A. 102-237, eff. 1-1-22.)
14781478 25 Section 25. The State Finance Act is amended by changing
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14811481
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14891489 1 Sections 6z-99 and 6z-127 as follows:
14901490 2 (30 ILCS 105/6z-99)
14911491 3 Sec. 6z-99. The Mental Health Reporting Fund.
14921492 4 (a) There is created in the State treasury a special fund
14931493 5 known as the Mental Health Reporting Fund. The Fund shall
14941494 6 receive revenue under the Firearm Concealed Carry Act. The
14951495 7 Fund may also receive revenue from grants, pass-through
14961496 8 grants, donations, appropriations, and any other legal source.
14971497 9 (b) The Illinois State Police and Department of Human
14981498 10 Services shall coordinate to use moneys in the Fund to finance
14991499 11 their respective duties of collecting and reporting data on
15001500 12 mental health records and ensuring that mental health firearm
15011501 13 possession prohibitors are enforced as set forth under the
15021502 14 Firearm Concealed Carry Act and the Firearm Owners
15031503 15 Identification Card Act. Any surplus in the Fund beyond what
15041504 16 is necessary to ensure compliance with mental health reporting
15051505 17 under that Act these Acts shall be used by the Department of
15061506 18 Human Services for mental health treatment programs as
15071507 19 follows: (1) 50% shall be used to fund community-based mental
15081508 20 health programs aimed at reducing gun violence, community
15091509 21 integration and education, or mental health awareness and
15101510 22 prevention, including administrative costs; and (2) 50% shall
15111511 23 be used to award grants that use and promote the National
15121512 24 School Mental Health Curriculum model for school-based mental
15131513 25 health support, integration, and services.
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15241524 1 (c) Investment income that is attributable to the
15251525 2 investment of moneys in the Fund shall be retained in the Fund
15261526 3 for the uses specified in this Section.
15271527 4 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
15281528 5 102-813, eff. 5-13-22.)
15291529 6 (30 ILCS 105/6z-127)
15301530 7 Sec. 6z-127. State Police Revocation Enforcement Fund.
15311531 8 (a) The State Police Revocation Enforcement Fund is
15321532 9 established as a special fund in the State treasury. This Fund
15331533 10 is established to receive moneys from the Firearm Owners
15341534 11 Identification Card Act to enforce that Act, the Firearm
15351535 12 Concealed Carry Act, Article 24 of the Criminal Code of 2012,
15361536 13 and other firearm offenses. The Fund may also receive revenue
15371537 14 from grants, donations, appropriations, and any other legal
15381538 15 source.
15391539 16 (b) The Illinois State Police may use moneys from the Fund
15401540 17 to establish task forces and, if necessary, include other law
15411541 18 enforcement agencies, under intergovernmental contracts
15421542 19 written and executed in conformity with the Intergovernmental
15431543 20 Cooperation Act.
15441544 21 (c) The Illinois State Police may use moneys in the Fund to
15451545 22 hire and train State Police officers and for the prevention of
15461546 23 violent crime.
15471547 24 (d) The State Police Revocation Enforcement Fund is not
15481548 25 subject to administrative chargebacks.
15491549
15501550
15511551
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15591559 1 (e) (Blank). Law enforcement agencies that participate in
15601560 2 Firearm Owner's Identification Card revocation enforcement in
15611561 3 the Violent Crime Intelligence Task Force may apply for grants
15621562 4 from the Illinois State Police.
15631563 5 (Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22.)
15641564 6 Section 25.5. The Illinois Procurement Code is amended by
15651565 7 changing Section 1-10 as follows:
15661566 8 (30 ILCS 500/1-10)
15671567 9 Sec. 1-10. Application.
15681568 10 (a) This Code applies only to procurements for which
15691569 11 bidders, offerors, potential contractors, or contractors were
15701570 12 first solicited on or after July 1, 1998. This Code shall not
15711571 13 be construed to affect or impair any contract, or any
15721572 14 provision of a contract, entered into based on a solicitation
15731573 15 prior to the implementation date of this Code as described in
15741574 16 Article 99, including, but not limited to, any covenant
15751575 17 entered into with respect to any revenue bonds or similar
15761576 18 instruments. All procurements for which contracts are
15771577 19 solicited between the effective date of Articles 50 and 99 and
15781578 20 July 1, 1998 shall be substantially in accordance with this
15791579 21 Code and its intent.
15801580 22 (b) This Code shall apply regardless of the source of the
15811581 23 funds with which the contracts are paid, including federal
15821582 24 assistance moneys. This Code shall not apply to:
15831583
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15931593 1 (1) Contracts between the State and its political
15941594 2 subdivisions or other governments, or between State
15951595 3 governmental bodies, except as specifically provided in
15961596 4 this Code.
15971597 5 (2) Grants, except for the filing requirements of
15981598 6 Section 20-80.
15991599 7 (3) Purchase of care, except as provided in Section
16001600 8 5-30.6 of the Illinois Public Aid Code and this Section.
16011601 9 (4) Hiring of an individual as an employee and not as
16021602 10 an independent contractor, whether pursuant to an
16031603 11 employment code or policy or by contract directly with
16041604 12 that individual.
16051605 13 (5) Collective bargaining contracts.
16061606 14 (6) Purchase of real estate, except that notice of
16071607 15 this type of contract with a value of more than $25,000
16081608 16 must be published in the Procurement Bulletin within 10
16091609 17 calendar days after the deed is recorded in the county of
16101610 18 jurisdiction. The notice shall identify the real estate
16111611 19 purchased, the names of all parties to the contract, the
16121612 20 value of the contract, and the effective date of the
16131613 21 contract.
16141614 22 (7) Contracts necessary to prepare for anticipated
16151615 23 litigation, enforcement actions, or investigations,
16161616 24 provided that the chief legal counsel to the Governor
16171617 25 shall give his or her prior approval when the procuring
16181618 26 agency is one subject to the jurisdiction of the Governor,
16191619
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16291629 1 and provided that the chief legal counsel of any other
16301630 2 procuring entity subject to this Code shall give his or
16311631 3 her prior approval when the procuring entity is not one
16321632 4 subject to the jurisdiction of the Governor.
16331633 5 (8) (Blank).
16341634 6 (9) Procurement expenditures by the Illinois
16351635 7 Conservation Foundation when only private funds are used.
16361636 8 (10) (Blank).
16371637 9 (11) Public-private agreements entered into according
16381638 10 to the procurement requirements of Section 20 of the
16391639 11 Public-Private Partnerships for Transportation Act and
16401640 12 design-build agreements entered into according to the
16411641 13 procurement requirements of Section 25 of the
16421642 14 Public-Private Partnerships for Transportation Act.
16431643 15 (12) (A) Contracts for legal, financial, and other
16441644 16 professional and artistic services entered into by the
16451645 17 Illinois Finance Authority in which the State of Illinois
16461646 18 is not obligated. Such contracts shall be awarded through
16471647 19 a competitive process authorized by the members of the
16481648 20 Illinois Finance Authority and are subject to Sections
16491649 21 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
16501650 22 as well as the final approval by the members of the
16511651 23 Illinois Finance Authority of the terms of the contract.
16521652 24 (B) Contracts for legal and financial services entered
16531653 25 into by the Illinois Housing Development Authority in
16541654 26 connection with the issuance of bonds in which the State
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16611661
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16641664 HB2922 - 47 - LRB103 27829 RLC 54207 b
16651665 1 of Illinois is not obligated. Such contracts shall be
16661666 2 awarded through a competitive process authorized by the
16671667 3 members of the Illinois Housing Development Authority and
16681668 4 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
16691669 5 and 50-37 of this Code, as well as the final approval by
16701670 6 the members of the Illinois Housing Development Authority
16711671 7 of the terms of the contract.
16721672 8 (13) Contracts for services, commodities, and
16731673 9 equipment to support the delivery of timely forensic
16741674 10 science services in consultation with and subject to the
16751675 11 approval of the Chief Procurement Officer as provided in
16761676 12 subsection (d) of Section 5-4-3a of the Unified Code of
16771677 13 Corrections, except for the requirements of Sections
16781678 14 20-60, 20-65, 20-70, and 20-160 and Article 50 of this
16791679 15 Code; however, the Chief Procurement Officer may, in
16801680 16 writing with justification, waive any certification
16811681 17 required under Article 50 of this Code. For any contracts
16821682 18 for services which are currently provided by members of a
16831683 19 collective bargaining agreement, the applicable terms of
16841684 20 the collective bargaining agreement concerning
16851685 21 subcontracting shall be followed.
16861686 22 On and after January 1, 2019, this paragraph (13),
16871687 23 except for this sentence, is inoperative.
16881688 24 (14) Contracts for participation expenditures required
16891689 25 by a domestic or international trade show or exhibition of
16901690 26 an exhibitor, member, or sponsor.
16911691
16921692
16931693
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16971697
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17001700 HB2922 - 48 - LRB103 27829 RLC 54207 b
17011701 1 (15) Contracts with a railroad or utility that
17021702 2 requires the State to reimburse the railroad or utilities
17031703 3 for the relocation of utilities for construction or other
17041704 4 public purpose. Contracts included within this paragraph
17051705 5 (15) shall include, but not be limited to, those
17061706 6 associated with: relocations, crossings, installations,
17071707 7 and maintenance. For the purposes of this paragraph (15),
17081708 8 "railroad" means any form of non-highway ground
17091709 9 transportation that runs on rails or electromagnetic
17101710 10 guideways and "utility" means: (1) public utilities as
17111711 11 defined in Section 3-105 of the Public Utilities Act, (2)
17121712 12 telecommunications carriers as defined in Section 13-202
17131713 13 of the Public Utilities Act, (3) electric cooperatives as
17141714 14 defined in Section 3.4 of the Electric Supplier Act, (4)
17151715 15 telephone or telecommunications cooperatives as defined in
17161716 16 Section 13-212 of the Public Utilities Act, (5) rural
17171717 17 water or waste water systems with 10,000 connections or
17181718 18 less, (6) a holder as defined in Section 21-201 of the
17191719 19 Public Utilities Act, and (7) municipalities owning or
17201720 20 operating utility systems consisting of public utilities
17211721 21 as that term is defined in Section 11-117-2 of the
17221722 22 Illinois Municipal Code.
17231723 23 (16) Procurement expenditures necessary for the
17241724 24 Department of Public Health to provide the delivery of
17251725 25 timely newborn screening services in accordance with the
17261726 26 Newborn Metabolic Screening Act.
17271727
17281728
17291729
17301730
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17331733
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17361736 HB2922 - 49 - LRB103 27829 RLC 54207 b
17371737 1 (17) Procurement expenditures necessary for the
17381738 2 Department of Agriculture, the Department of Financial and
17391739 3 Professional Regulation, the Department of Human Services,
17401740 4 and the Department of Public Health to implement the
17411741 5 Compassionate Use of Medical Cannabis Program and Opioid
17421742 6 Alternative Pilot Program requirements and ensure access
17431743 7 to medical cannabis for patients with debilitating medical
17441744 8 conditions in accordance with the Compassionate Use of
17451745 9 Medical Cannabis Program Act.
17461746 10 (18) This Code does not apply to any procurements
17471747 11 necessary for the Department of Agriculture, the
17481748 12 Department of Financial and Professional Regulation, the
17491749 13 Department of Human Services, the Department of Commerce
17501750 14 and Economic Opportunity, and the Department of Public
17511751 15 Health to implement the Cannabis Regulation and Tax Act if
17521752 16 the applicable agency has made a good faith determination
17531753 17 that it is necessary and appropriate for the expenditure
17541754 18 to fall within this exemption and if the process is
17551755 19 conducted in a manner substantially in accordance with the
17561756 20 requirements of Sections 20-160, 25-60, 30-22, 50-5,
17571757 21 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
17581758 22 50-36, 50-37, 50-38, and 50-50 of this Code; however, for
17591759 23 Section 50-35, compliance applies only to contracts or
17601760 24 subcontracts over $100,000. Notice of each contract
17611761 25 entered into under this paragraph (18) that is related to
17621762 26 the procurement of goods and services identified in
17631763
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17731773 1 paragraph (1) through (9) of this subsection shall be
17741774 2 published in the Procurement Bulletin within 14 calendar
17751775 3 days after contract execution. The Chief Procurement
17761776 4 Officer shall prescribe the form and content of the
17771777 5 notice. Each agency shall provide the Chief Procurement
17781778 6 Officer, on a monthly basis, in the form and content
17791779 7 prescribed by the Chief Procurement Officer, a report of
17801780 8 contracts that are related to the procurement of goods and
17811781 9 services identified in this subsection. At a minimum, this
17821782 10 report shall include the name of the contractor, a
17831783 11 description of the supply or service provided, the total
17841784 12 amount of the contract, the term of the contract, and the
17851785 13 exception to this Code utilized. A copy of any or all of
17861786 14 these contracts shall be made available to the Chief
17871787 15 Procurement Officer immediately upon request. The Chief
17881788 16 Procurement Officer shall submit a report to the Governor
17891789 17 and General Assembly no later than November 1 of each year
17901790 18 that includes, at a minimum, an annual summary of the
17911791 19 monthly information reported to the Chief Procurement
17921792 20 Officer. This exemption becomes inoperative 5 years after
17931793 21 June 25, 2019 (the effective date of Public Act 101-27).
17941794 22 (19) Acquisition of modifications or adjustments,
17951795 23 limited to assistive technology devices and assistive
17961796 24 technology services, adaptive equipment, repairs, and
17971797 25 replacement parts to provide reasonable accommodations (i)
17981798 26 that enable a qualified applicant with a disability to
17991799
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18091809 1 complete the job application process and be considered for
18101810 2 the position such qualified applicant desires, (ii) that
18111811 3 modify or adjust the work environment to enable a
18121812 4 qualified current employee with a disability to perform
18131813 5 the essential functions of the position held by that
18141814 6 employee, (iii) to enable a qualified current employee
18151815 7 with a disability to enjoy equal benefits and privileges
18161816 8 of employment as are enjoyed by other similarly situated
18171817 9 employees without disabilities, and (iv) that allow a
18181818 10 customer, client, claimant, or member of the public
18191819 11 seeking State services full use and enjoyment of and
18201820 12 access to its programs, services, or benefits.
18211821 13 For purposes of this paragraph (19):
18221822 14 "Assistive technology devices" means any item, piece
18231823 15 of equipment, or product system, whether acquired
18241824 16 commercially off the shelf, modified, or customized, that
18251825 17 is used to increase, maintain, or improve functional
18261826 18 capabilities of individuals with disabilities.
18271827 19 "Assistive technology services" means any service that
18281828 20 directly assists an individual with a disability in
18291829 21 selection, acquisition, or use of an assistive technology
18301830 22 device.
18311831 23 "Qualified" has the same meaning and use as provided
18321832 24 under the federal Americans with Disabilities Act when
18331833 25 describing an individual with a disability.
18341834 26 (20) Procurement expenditures necessary for the
18351835
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18451845 1 Illinois Commerce Commission to hire third-party
18461846 2 facilitators pursuant to Sections 16-105.17 and 16-108.18
18471847 3 of the Public Utilities Act or an ombudsman pursuant to
18481848 4 Section 16-107.5 of the Public Utilities Act, a
18491849 5 facilitator pursuant to Section 16-105.17 of the Public
18501850 6 Utilities Act, or a grid auditor pursuant to Section
18511851 7 16-105.10 of the Public Utilities Act.
18521852 8 (21) Procurement expenditures for the purchase,
18531853 9 renewal, and expansion of software, software licenses, or
18541854 10 software maintenance agreements that support the efforts
18551855 11 of the Illinois State Police to enforce, regulate, and
18561856 12 administer the Firearm Owners Identification Card Act, the
18571857 13 Firearm Concealed Carry Act, the Firearms Restraining
18581858 14 Order Act, the Firearm Dealer License Certification Act,
18591859 15 the Law Enforcement Agencies Data System (LEADS), the
18601860 16 Uniform Crime Reporting Act, the Criminal Identification
18611861 17 Act, the Uniform Conviction Information Act, and the Gun
18621862 18 Trafficking Information Act, or establish or maintain
18631863 19 record management systems necessary to conduct human
18641864 20 trafficking investigations or gun trafficking or other
18651865 21 stolen firearm investigations. This paragraph (21) applies
18661866 22 to contracts entered into on or after the effective date
18671867 23 of this amendatory Act of the 102nd General Assembly and
18681868 24 the renewal of contracts that are in effect on the
18691869 25 effective date of this amendatory Act of the 102nd General
18701870 26 Assembly.
18711871
18721872
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18801880 HB2922 - 53 - LRB103 27829 RLC 54207 b
18811881 1 Notwithstanding any other provision of law, for contracts
18821882 2 with an annual value of more than $100,000 entered into on or
18831883 3 after October 1, 2017 under an exemption provided in any
18841884 4 paragraph of this subsection (b), except paragraph (1), (2),
18851885 5 or (5), each State agency shall post to the appropriate
18861886 6 procurement bulletin the name of the contractor, a description
18871887 7 of the supply or service provided, the total amount of the
18881888 8 contract, the term of the contract, and the exception to the
18891889 9 Code utilized. The chief procurement officer shall submit a
18901890 10 report to the Governor and General Assembly no later than
18911891 11 November 1 of each year that shall include, at a minimum, an
18921892 12 annual summary of the monthly information reported to the
18931893 13 chief procurement officer.
18941894 14 (c) This Code does not apply to the electric power
18951895 15 procurement process provided for under Section 1-75 of the
18961896 16 Illinois Power Agency Act and Section 16-111.5 of the Public
18971897 17 Utilities Act.
18981898 18 (d) Except for Section 20-160 and Article 50 of this Code,
18991899 19 and as expressly required by Section 9.1 of the Illinois
19001900 20 Lottery Law, the provisions of this Code do not apply to the
19011901 21 procurement process provided for under Section 9.1 of the
19021902 22 Illinois Lottery Law.
19031903 23 (e) This Code does not apply to the process used by the
19041904 24 Capital Development Board to retain a person or entity to
19051905 25 assist the Capital Development Board with its duties related
19061906 26 to the determination of costs of a clean coal SNG brownfield
19071907
19081908
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19171917 1 facility, as defined by Section 1-10 of the Illinois Power
19181918 2 Agency Act, as required in subsection (h-3) of Section 9-220
19191919 3 of the Public Utilities Act, including calculating the range
19201920 4 of capital costs, the range of operating and maintenance
19211921 5 costs, or the sequestration costs or monitoring the
19221922 6 construction of clean coal SNG brownfield facility for the
19231923 7 full duration of construction.
19241924 8 (f) (Blank).
19251925 9 (g) (Blank).
19261926 10 (h) This Code does not apply to the process to procure or
19271927 11 contracts entered into in accordance with Sections 11-5.2 and
19281928 12 11-5.3 of the Illinois Public Aid Code.
19291929 13 (i) Each chief procurement officer may access records
19301930 14 necessary to review whether a contract, purchase, or other
19311931 15 expenditure is or is not subject to the provisions of this
19321932 16 Code, unless such records would be subject to attorney-client
19331933 17 privilege.
19341934 18 (j) This Code does not apply to the process used by the
19351935 19 Capital Development Board to retain an artist or work or works
19361936 20 of art as required in Section 14 of the Capital Development
19371937 21 Board Act.
19381938 22 (k) This Code does not apply to the process to procure
19391939 23 contracts, or contracts entered into, by the State Board of
19401940 24 Elections or the State Electoral Board for hearing officers
19411941 25 appointed pursuant to the Election Code.
19421942 26 (l) This Code does not apply to the processes used by the
19431943
19441944
19451945
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19471947
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19521952 HB2922 - 55 - LRB103 27829 RLC 54207 b
19531953 1 Illinois Student Assistance Commission to procure supplies and
19541954 2 services paid for from the private funds of the Illinois
19551955 3 Prepaid Tuition Fund. As used in this subsection (l), "private
19561956 4 funds" means funds derived from deposits paid into the
19571957 5 Illinois Prepaid Tuition Trust Fund and the earnings thereon.
19581958 6 (m) This Code shall apply regardless of the source of
19591959 7 funds with which contracts are paid, including federal
19601960 8 assistance moneys. Except as specifically provided in this
19611961 9 Code, this Code shall not apply to procurement expenditures
19621962 10 necessary for the Department of Public Health to conduct the
19631963 11 Healthy Illinois Survey in accordance with Section 2310-431 of
19641964 12 the Department of Public Health Powers and Duties Law of the
19651965 13 Civil Administrative Code of Illinois.
19661966 14 (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
19671967 15 101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
19681968 16 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
19691969 17 eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
19701970 18 102-1116, eff. 1-10-23.)
19711971 19 Section 26. The Intergovernmental Drug Laws Enforcement
19721972 20 Act is amended by changing Section 3 as follows:
19731973 21 (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
19741974 22 Sec. 3. A Metropolitan Enforcement Group which meets the
19751975 23 minimum criteria established in this Section is eligible to
19761976 24 receive State grants to help defray the costs of operation. To
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19781978
19791979
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19861986 HB2922 - 56 - LRB103 27829 RLC 54207 b
19871987 1 be eligible a MEG must:
19881988 2 (1) Be established and operating pursuant to
19891989 3 intergovernmental contracts written and executed in
19901990 4 conformity with the Intergovernmental Cooperation Act, and
19911991 5 involve 2 or more units of local government.
19921992 6 (2) Establish a MEG Policy Board composed of an
19931993 7 elected official, or his designee, and the chief law
19941994 8 enforcement officer, or his designee, from each
19951995 9 participating unit of local government to oversee the
19961996 10 operations of the MEG and make such reports to the
19971997 11 Illinois State Police as the Illinois State Police may
19981998 12 require.
19991999 13 (3) Designate a single appropriate elected official of
20002000 14 a participating unit of local government to act as the
20012001 15 financial officer of the MEG for all participating units
20022002 16 of local government and to receive funds for the operation
20032003 17 of the MEG.
20042004 18 (4) Limit its operations to enforcement of drug laws;
20052005 19 enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,
20062006 20 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3,
20072007 21 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8,
20082008 22 24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code
20092009 23 of 2012; Sections 2, 3, 6.1, and 14 of the Firearm Owners
20102010 24 Identification Card Act; and the investigation of
20112011 25 streetgang related offenses.
20122012 26 (5) Cooperate with the Illinois State Police in order
20132013
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20182018 HB2922 - 56 - LRB103 27829 RLC 54207 b
20192019
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20232023 1 to assure compliance with this Act and to enable the
20242024 2 Illinois State Police to fulfill its duties under this
20252025 3 Act, and supply the Illinois State Police with all
20262026 4 information the Illinois State Police deems necessary
20272027 5 therefor.
20282028 6 (6) Receive funding of at least 50% of the total
20292029 7 operating budget of the MEG from the participating units
20302030 8 of local government.
20312031 9 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
20322032 10 102-813, eff. 5-13-22.)
20332033 11 Section 30. The Peace Officer Firearm Training Act is
20342034 12 amended by changing Section 1 as follows:
20352035 13 (50 ILCS 710/1) (from Ch. 85, par. 515)
20362036 14 Sec. 1. Definitions. As used in this Act:
20372037 15 (a) "Peace officer" means (i) any person who by virtue of
20382038 16 his office or public employment is vested by law with a primary
20392039 17 duty to maintain public order or to make arrests for offenses,
20402040 18 whether that duty extends to all offenses or is limited to
20412041 19 specific offenses, and who is employed in such capacity by any
20422042 20 county or municipality or (ii) any retired law enforcement
20432043 21 officers qualified under federal law to carry a concealed
20442044 22 weapon.
20452045 23 (a-5) "Probation officer" means a county probation officer
20462046 24 authorized by the Chief Judge of the Circuit Court to carry a
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20482048
20492049
20502050
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20572057 1 firearm as part of his or her duties under Section 12 of the
20582058 2 Probation and Probation Officers Act and Section 24-2 of the
20592059 3 Criminal Code of 2012.
20602060 4 (b) "Firearms" means any weapon or device defined as a
20612061 5 firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of
20622062 6 "An Act relating to the acquisition, possession and transfer
20632063 7 of firearms and firearm ammunition, to provide a penalty for
20642064 8 the violation thereof and to make an appropriation in
20652065 9 connection therewith", approved August 3, 1967, as amended.
20662066 10 (Source: P.A. 98-725, eff. 1-1-15.)
20672067 11 Section 35. The School Code is amended by changing
20682068 12 Sections 10-22.6, 10-27.1A and 34-8.05 as follows:
20692069 13 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
20702070 14 (Text of Section before amendment by P.A. 102-466)
20712071 15 Sec. 10-22.6. Suspension or expulsion of pupils; school
20722072 16 searches.
20732073 17 (a) To expel pupils guilty of gross disobedience or
20742074 18 misconduct, including gross disobedience or misconduct
20752075 19 perpetuated by electronic means, pursuant to subsection (b-20)
20762076 20 of this Section, and no action shall lie against them for such
20772077 21 expulsion. Expulsion shall take place only after the parents
20782078 22 have been requested to appear at a meeting of the board, or
20792079 23 with a hearing officer appointed by it, to discuss their
20802080 24 child's behavior. Such request shall be made by registered or
20812081
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20912091 1 certified mail and shall state the time, place and purpose of
20922092 2 the meeting. The board, or a hearing officer appointed by it,
20932093 3 at such meeting shall state the reasons for dismissal and the
20942094 4 date on which the expulsion is to become effective. If a
20952095 5 hearing officer is appointed by the board, he shall report to
20962096 6 the board a written summary of the evidence heard at the
20972097 7 meeting and the board may take such action thereon as it finds
20982098 8 appropriate. If the board acts to expel a pupil, the written
20992099 9 expulsion decision shall detail the specific reasons why
21002100 10 removing the pupil from the learning environment is in the
21012101 11 best interest of the school. The expulsion decision shall also
21022102 12 include a rationale as to the specific duration of the
21032103 13 expulsion. An expelled pupil may be immediately transferred to
21042104 14 an alternative program in the manner provided in Article 13A
21052105 15 or 13B of this Code. A pupil must not be denied transfer
21062106 16 because of the expulsion, except in cases in which such
21072107 17 transfer is deemed to cause a threat to the safety of students
21082108 18 or staff in the alternative program.
21092109 19 (b) To suspend or by policy to authorize the
21102110 20 superintendent of the district or the principal, assistant
21112111 21 principal, or dean of students of any school to suspend pupils
21122112 22 guilty of gross disobedience or misconduct, or to suspend
21132113 23 pupils guilty of gross disobedience or misconduct on the
21142114 24 school bus from riding the school bus, pursuant to subsections
21152115 25 (b-15) and (b-20) of this Section, and no action shall lie
21162116 26 against them for such suspension. The board may by policy
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21272127 1 authorize the superintendent of the district or the principal,
21282128 2 assistant principal, or dean of students of any school to
21292129 3 suspend pupils guilty of such acts for a period not to exceed
21302130 4 10 school days. If a pupil is suspended due to gross
21312131 5 disobedience or misconduct on a school bus, the board may
21322132 6 suspend the pupil in excess of 10 school days for safety
21332133 7 reasons.
21342134 8 Any suspension shall be reported immediately to the
21352135 9 parents or guardian of a pupil along with a full statement of
21362136 10 the reasons for such suspension and a notice of their right to
21372137 11 a review. The school board must be given a summary of the
21382138 12 notice, including the reason for the suspension and the
21392139 13 suspension length. Upon request of the parents or guardian,
21402140 14 the school board or a hearing officer appointed by it shall
21412141 15 review such action of the superintendent or principal,
21422142 16 assistant principal, or dean of students. At such review, the
21432143 17 parents or guardian of the pupil may appear and discuss the
21442144 18 suspension with the board or its hearing officer. If a hearing
21452145 19 officer is appointed by the board, he shall report to the board
21462146 20 a written summary of the evidence heard at the meeting. After
21472147 21 its hearing or upon receipt of the written report of its
21482148 22 hearing officer, the board may take such action as it finds
21492149 23 appropriate. If a student is suspended pursuant to this
21502150 24 subsection (b), the board shall, in the written suspension
21512151 25 decision, detail the specific act of gross disobedience or
21522152 26 misconduct resulting in the decision to suspend. The
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21632163 1 suspension decision shall also include a rationale as to the
21642164 2 specific duration of the suspension. A pupil who is suspended
21652165 3 in excess of 20 school days may be immediately transferred to
21662166 4 an alternative program in the manner provided in Article 13A
21672167 5 or 13B of this Code. A pupil must not be denied transfer
21682168 6 because of the suspension, except in cases in which such
21692169 7 transfer is deemed to cause a threat to the safety of students
21702170 8 or staff in the alternative program.
21712171 9 (b-5) Among the many possible disciplinary interventions
21722172 10 and consequences available to school officials, school
21732173 11 exclusions, such as out-of-school suspensions and expulsions,
21742174 12 are the most serious. School officials shall limit the number
21752175 13 and duration of expulsions and suspensions to the greatest
21762176 14 extent practicable, and it is recommended that they use them
21772177 15 only for legitimate educational purposes. To ensure that
21782178 16 students are not excluded from school unnecessarily, it is
21792179 17 recommended that school officials consider forms of
21802180 18 non-exclusionary discipline prior to using out-of-school
21812181 19 suspensions or expulsions.
21822182 20 (b-10) Unless otherwise required by federal law or this
21832183 21 Code, school boards may not institute zero-tolerance policies
21842184 22 by which school administrators are required to suspend or
21852185 23 expel students for particular behaviors.
21862186 24 (b-15) Out-of-school suspensions of 3 days or less may be
21872187 25 used only if the student's continuing presence in school would
21882188 26 pose a threat to school safety or a disruption to other
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21992199 1 students' learning opportunities. For purposes of this
22002200 2 subsection (b-15), "threat to school safety or a disruption to
22012201 3 other students' learning opportunities" shall be determined on
22022202 4 a case-by-case basis by the school board or its designee.
22032203 5 School officials shall make all reasonable efforts to resolve
22042204 6 such threats, address such disruptions, and minimize the
22052205 7 length of suspensions to the greatest extent practicable.
22062206 8 (b-20) Unless otherwise required by this Code,
22072207 9 out-of-school suspensions of longer than 3 days, expulsions,
22082208 10 and disciplinary removals to alternative schools may be used
22092209 11 only if other appropriate and available behavioral and
22102210 12 disciplinary interventions have been exhausted and the
22112211 13 student's continuing presence in school would either (i) pose
22122212 14 a threat to the safety of other students, staff, or members of
22132213 15 the school community or (ii) substantially disrupt, impede, or
22142214 16 interfere with the operation of the school. For purposes of
22152215 17 this subsection (b-20), "threat to the safety of other
22162216 18 students, staff, or members of the school community" and
22172217 19 "substantially disrupt, impede, or interfere with the
22182218 20 operation of the school" shall be determined on a case-by-case
22192219 21 basis by school officials. For purposes of this subsection
22202220 22 (b-20), the determination of whether "appropriate and
22212221 23 available behavioral and disciplinary interventions have been
22222222 24 exhausted" shall be made by school officials. School officials
22232223 25 shall make all reasonable efforts to resolve such threats,
22242224 26 address such disruptions, and minimize the length of student
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22352235 1 exclusions to the greatest extent practicable. Within the
22362236 2 suspension decision described in subsection (b) of this
22372237 3 Section or the expulsion decision described in subsection (a)
22382238 4 of this Section, it shall be documented whether other
22392239 5 interventions were attempted or whether it was determined that
22402240 6 there were no other appropriate and available interventions.
22412241 7 (b-25) Students who are suspended out-of-school for longer
22422242 8 than 4 school days shall be provided appropriate and available
22432243 9 support services during the period of their suspension. For
22442244 10 purposes of this subsection (b-25), "appropriate and available
22452245 11 support services" shall be determined by school authorities.
22462246 12 Within the suspension decision described in subsection (b) of
22472247 13 this Section, it shall be documented whether such services are
22482248 14 to be provided or whether it was determined that there are no
22492249 15 such appropriate and available services.
22502250 16 A school district may refer students who are expelled to
22512251 17 appropriate and available support services.
22522252 18 A school district shall create a policy to facilitate the
22532253 19 re-engagement of students who are suspended out-of-school,
22542254 20 expelled, or returning from an alternative school setting.
22552255 21 (b-30) A school district shall create a policy by which
22562256 22 suspended pupils, including those pupils suspended from the
22572257 23 school bus who do not have alternate transportation to school,
22582258 24 shall have the opportunity to make up work for equivalent
22592259 25 academic credit. It shall be the responsibility of a pupil's
22602260 26 parent or guardian to notify school officials that a pupil
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22712271 1 suspended from the school bus does not have alternate
22722272 2 transportation to school.
22732273 3 (c) A school board must invite a representative from a
22742274 4 local mental health agency to consult with the board at the
22752275 5 meeting whenever there is evidence that mental illness may be
22762276 6 the cause of a student's expulsion or suspension.
22772277 7 (c-5) School districts shall make reasonable efforts to
22782278 8 provide ongoing professional development to teachers,
22792279 9 administrators, school board members, school resource
22802280 10 officers, and staff on the adverse consequences of school
22812281 11 exclusion and justice-system involvement, effective classroom
22822282 12 management strategies, culturally responsive discipline, the
22832283 13 appropriate and available supportive services for the
22842284 14 promotion of student attendance and engagement, and
22852285 15 developmentally appropriate disciplinary methods that promote
22862286 16 positive and healthy school climates.
22872287 17 (d) The board may expel a student for a definite period of
22882288 18 time not to exceed 2 calendar years, as determined on a
22892289 19 case-by-case basis. A student who is determined to have
22902290 20 brought one of the following objects to school, any
22912291 21 school-sponsored activity or event, or any activity or event
22922292 22 that bears a reasonable relationship to school shall be
22932293 23 expelled for a period of not less than one year:
22942294 24 (1) A firearm. For the purposes of this Section,
22952295 25 "firearm" means any gun, rifle, shotgun, weapon as defined
22962296 26 by Section 921 of Title 18 of the United States Code,
22972297
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23072307 1 firearm as defined in Section 2-7.5 1.1 of the Firearm
23082308 2 Owners Identification Card Act, or firearm as defined in
23092309 3 Section 24-1 of the Criminal Code of 2012. The expulsion
23102310 4 period under this subdivision (1) may be modified by the
23112311 5 superintendent, and the superintendent's determination may
23122312 6 be modified by the board on a case-by-case basis.
23132313 7 (2) A knife, brass knuckles or other knuckle weapon
23142314 8 regardless of its composition, a billy club, or any other
23152315 9 object if used or attempted to be used to cause bodily
23162316 10 harm, including "look alikes" of any firearm as defined in
23172317 11 subdivision (1) of this subsection (d). The expulsion
23182318 12 requirement under this subdivision (2) may be modified by
23192319 13 the superintendent, and the superintendent's determination
23202320 14 may be modified by the board on a case-by-case basis.
23212321 15 Expulsion or suspension shall be construed in a manner
23222322 16 consistent with the federal Individuals with Disabilities
23232323 17 Education Act. A student who is subject to suspension or
23242324 18 expulsion as provided in this Section may be eligible for a
23252325 19 transfer to an alternative school program in accordance with
23262326 20 Article 13A of the School Code.
23272327 21 (d-5) The board may suspend or by regulation authorize the
23282328 22 superintendent of the district or the principal, assistant
23292329 23 principal, or dean of students of any school to suspend a
23302330 24 student for a period not to exceed 10 school days or may expel
23312331 25 a student for a definite period of time not to exceed 2
23322332 26 calendar years, as determined on a case-by-case basis, if (i)
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23432343 1 that student has been determined to have made an explicit
23442344 2 threat on an Internet website against a school employee, a
23452345 3 student, or any school-related personnel, (ii) the Internet
23462346 4 website through which the threat was made is a site that was
23472347 5 accessible within the school at the time the threat was made or
23482348 6 was available to third parties who worked or studied within
23492349 7 the school grounds at the time the threat was made, and (iii)
23502350 8 the threat could be reasonably interpreted as threatening to
23512351 9 the safety and security of the threatened individual because
23522352 10 of his or her duties or employment status or status as a
23532353 11 student inside the school.
23542354 12 (e) To maintain order and security in the schools, school
23552355 13 authorities may inspect and search places and areas such as
23562356 14 lockers, desks, parking lots, and other school property and
23572357 15 equipment owned or controlled by the school, as well as
23582358 16 personal effects left in those places and areas by students,
23592359 17 without notice to or the consent of the student, and without a
23602360 18 search warrant. As a matter of public policy, the General
23612361 19 Assembly finds that students have no reasonable expectation of
23622362 20 privacy in these places and areas or in their personal effects
23632363 21 left in these places and areas. School authorities may request
23642364 22 the assistance of law enforcement officials for the purpose of
23652365 23 conducting inspections and searches of lockers, desks, parking
23662366 24 lots, and other school property and equipment owned or
23672367 25 controlled by the school for illegal drugs, weapons, or other
23682368 26 illegal or dangerous substances or materials, including
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23792379 1 searches conducted through the use of specially trained dogs.
23802380 2 If a search conducted in accordance with this Section produces
23812381 3 evidence that the student has violated or is violating either
23822382 4 the law, local ordinance, or the school's policies or rules,
23832383 5 such evidence may be seized by school authorities, and
23842384 6 disciplinary action may be taken. School authorities may also
23852385 7 turn over such evidence to law enforcement authorities.
23862386 8 (f) Suspension or expulsion may include suspension or
23872387 9 expulsion from school and all school activities and a
23882388 10 prohibition from being present on school grounds.
23892389 11 (g) A school district may adopt a policy providing that if
23902390 12 a student is suspended or expelled for any reason from any
23912391 13 public or private school in this or any other state, the
23922392 14 student must complete the entire term of the suspension or
23932393 15 expulsion in an alternative school program under Article 13A
23942394 16 of this Code or an alternative learning opportunities program
23952395 17 under Article 13B of this Code before being admitted into the
23962396 18 school district if there is no threat to the safety of students
23972397 19 or staff in the alternative program.
23982398 20 (h) School officials shall not advise or encourage
23992399 21 students to drop out voluntarily due to behavioral or academic
24002400 22 difficulties.
24012401 23 (i) A student may not be issued a monetary fine or fee as a
24022402 24 disciplinary consequence, though this shall not preclude
24032403 25 requiring a student to provide restitution for lost, stolen,
24042404 26 or damaged property.
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24152415 1 (j) Subsections (a) through (i) of this Section shall
24162416 2 apply to elementary and secondary schools, charter schools,
24172417 3 special charter districts, and school districts organized
24182418 4 under Article 34 of this Code.
24192419 5 (k) The expulsion of children enrolled in programs funded
24202420 6 under Section 1C-2 of this Code is subject to the requirements
24212421 7 under paragraph (7) of subsection (a) of Section 2-3.71 of
24222422 8 this Code.
24232423 9 (l) Beginning with the 2018-2019 school year, an in-school
24242424 10 suspension program provided by a school district for any
24252425 11 students in kindergarten through grade 12 may focus on
24262426 12 promoting non-violent conflict resolution and positive
24272427 13 interaction with other students and school personnel. A school
24282428 14 district may employ a school social worker or a licensed
24292429 15 mental health professional to oversee an in-school suspension
24302430 16 program in kindergarten through grade 12.
24312431 17 (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
24322432 18 102-813, eff. 5-13-22.)
24332433 19 (Text of Section after amendment by P.A. 102-466)
24342434 20 Sec. 10-22.6. Suspension or expulsion of pupils; school
24352435 21 searches.
24362436 22 (a) To expel pupils guilty of gross disobedience or
24372437 23 misconduct, including gross disobedience or misconduct
24382438 24 perpetuated by electronic means, pursuant to subsection (b-20)
24392439 25 of this Section, and no action shall lie against them for such
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24502450 1 expulsion. Expulsion shall take place only after the parents
24512451 2 or guardians have been requested to appear at a meeting of the
24522452 3 board, or with a hearing officer appointed by it, to discuss
24532453 4 their child's behavior. Such request shall be made by
24542454 5 registered or certified mail and shall state the time, place
24552455 6 and purpose of the meeting. The board, or a hearing officer
24562456 7 appointed by it, at such meeting shall state the reasons for
24572457 8 dismissal and the date on which the expulsion is to become
24582458 9 effective. If a hearing officer is appointed by the board, he
24592459 10 shall report to the board a written summary of the evidence
24602460 11 heard at the meeting and the board may take such action thereon
24612461 12 as it finds appropriate. If the board acts to expel a pupil,
24622462 13 the written expulsion decision shall detail the specific
24632463 14 reasons why removing the pupil from the learning environment
24642464 15 is in the best interest of the school. The expulsion decision
24652465 16 shall also include a rationale as to the specific duration of
24662466 17 the expulsion. An expelled pupil may be immediately
24672467 18 transferred to an alternative program in the manner provided
24682468 19 in Article 13A or 13B of this Code. A pupil must not be denied
24692469 20 transfer because of the expulsion, except in cases in which
24702470 21 such transfer is deemed to cause a threat to the safety of
24712471 22 students or staff in the alternative program.
24722472 23 (b) To suspend or by policy to authorize the
24732473 24 superintendent of the district or the principal, assistant
24742474 25 principal, or dean of students of any school to suspend pupils
24752475 26 guilty of gross disobedience or misconduct, or to suspend
24762476
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24862486 1 pupils guilty of gross disobedience or misconduct on the
24872487 2 school bus from riding the school bus, pursuant to subsections
24882488 3 (b-15) and (b-20) of this Section, and no action shall lie
24892489 4 against them for such suspension. The board may by policy
24902490 5 authorize the superintendent of the district or the principal,
24912491 6 assistant principal, or dean of students of any school to
24922492 7 suspend pupils guilty of such acts for a period not to exceed
24932493 8 10 school days. If a pupil is suspended due to gross
24942494 9 disobedience or misconduct on a school bus, the board may
24952495 10 suspend the pupil in excess of 10 school days for safety
24962496 11 reasons.
24972497 12 Any suspension shall be reported immediately to the
24982498 13 parents or guardians of a pupil along with a full statement of
24992499 14 the reasons for such suspension and a notice of their right to
25002500 15 a review. The school board must be given a summary of the
25012501 16 notice, including the reason for the suspension and the
25022502 17 suspension length. Upon request of the parents or guardians,
25032503 18 the school board or a hearing officer appointed by it shall
25042504 19 review such action of the superintendent or principal,
25052505 20 assistant principal, or dean of students. At such review, the
25062506 21 parents or guardians of the pupil may appear and discuss the
25072507 22 suspension with the board or its hearing officer. If a hearing
25082508 23 officer is appointed by the board, he shall report to the board
25092509 24 a written summary of the evidence heard at the meeting. After
25102510 25 its hearing or upon receipt of the written report of its
25112511 26 hearing officer, the board may take such action as it finds
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25222522 1 appropriate. If a student is suspended pursuant to this
25232523 2 subsection (b), the board shall, in the written suspension
25242524 3 decision, detail the specific act of gross disobedience or
25252525 4 misconduct resulting in the decision to suspend. The
25262526 5 suspension decision shall also include a rationale as to the
25272527 6 specific duration of the suspension. A pupil who is suspended
25282528 7 in excess of 20 school days may be immediately transferred to
25292529 8 an alternative program in the manner provided in Article 13A
25302530 9 or 13B of this Code. A pupil must not be denied transfer
25312531 10 because of the suspension, except in cases in which such
25322532 11 transfer is deemed to cause a threat to the safety of students
25332533 12 or staff in the alternative program.
25342534 13 (b-5) Among the many possible disciplinary interventions
25352535 14 and consequences available to school officials, school
25362536 15 exclusions, such as out-of-school suspensions and expulsions,
25372537 16 are the most serious. School officials shall limit the number
25382538 17 and duration of expulsions and suspensions to the greatest
25392539 18 extent practicable, and it is recommended that they use them
25402540 19 only for legitimate educational purposes. To ensure that
25412541 20 students are not excluded from school unnecessarily, it is
25422542 21 recommended that school officials consider forms of
25432543 22 non-exclusionary discipline prior to using out-of-school
25442544 23 suspensions or expulsions.
25452545 24 (b-10) Unless otherwise required by federal law or this
25462546 25 Code, school boards may not institute zero-tolerance policies
25472547 26 by which school administrators are required to suspend or
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25582558 1 expel students for particular behaviors.
25592559 2 (b-15) Out-of-school suspensions of 3 days or less may be
25602560 3 used only if the student's continuing presence in school would
25612561 4 pose a threat to school safety or a disruption to other
25622562 5 students' learning opportunities. For purposes of this
25632563 6 subsection (b-15), "threat to school safety or a disruption to
25642564 7 other students' learning opportunities" shall be determined on
25652565 8 a case-by-case basis by the school board or its designee.
25662566 9 School officials shall make all reasonable efforts to resolve
25672567 10 such threats, address such disruptions, and minimize the
25682568 11 length of suspensions to the greatest extent practicable.
25692569 12 (b-20) Unless otherwise required by this Code,
25702570 13 out-of-school suspensions of longer than 3 days, expulsions,
25712571 14 and disciplinary removals to alternative schools may be used
25722572 15 only if other appropriate and available behavioral and
25732573 16 disciplinary interventions have been exhausted and the
25742574 17 student's continuing presence in school would either (i) pose
25752575 18 a threat to the safety of other students, staff, or members of
25762576 19 the school community or (ii) substantially disrupt, impede, or
25772577 20 interfere with the operation of the school. For purposes of
25782578 21 this subsection (b-20), "threat to the safety of other
25792579 22 students, staff, or members of the school community" and
25802580 23 "substantially disrupt, impede, or interfere with the
25812581 24 operation of the school" shall be determined on a case-by-case
25822582 25 basis by school officials. For purposes of this subsection
25832583 26 (b-20), the determination of whether "appropriate and
25842584
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25942594 1 available behavioral and disciplinary interventions have been
25952595 2 exhausted" shall be made by school officials. School officials
25962596 3 shall make all reasonable efforts to resolve such threats,
25972597 4 address such disruptions, and minimize the length of student
25982598 5 exclusions to the greatest extent practicable. Within the
25992599 6 suspension decision described in subsection (b) of this
26002600 7 Section or the expulsion decision described in subsection (a)
26012601 8 of this Section, it shall be documented whether other
26022602 9 interventions were attempted or whether it was determined that
26032603 10 there were no other appropriate and available interventions.
26042604 11 (b-25) Students who are suspended out-of-school for longer
26052605 12 than 4 school days shall be provided appropriate and available
26062606 13 support services during the period of their suspension. For
26072607 14 purposes of this subsection (b-25), "appropriate and available
26082608 15 support services" shall be determined by school authorities.
26092609 16 Within the suspension decision described in subsection (b) of
26102610 17 this Section, it shall be documented whether such services are
26112611 18 to be provided or whether it was determined that there are no
26122612 19 such appropriate and available services.
26132613 20 A school district may refer students who are expelled to
26142614 21 appropriate and available support services.
26152615 22 A school district shall create a policy to facilitate the
26162616 23 re-engagement of students who are suspended out-of-school,
26172617 24 expelled, or returning from an alternative school setting.
26182618 25 (b-30) A school district shall create a policy by which
26192619 26 suspended pupils, including those pupils suspended from the
26202620
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26302630 1 school bus who do not have alternate transportation to school,
26312631 2 shall have the opportunity to make up work for equivalent
26322632 3 academic credit. It shall be the responsibility of a pupil's
26332633 4 parents or guardians to notify school officials that a pupil
26342634 5 suspended from the school bus does not have alternate
26352635 6 transportation to school.
26362636 7 (b-35) In all suspension review hearings conducted under
26372637 8 subsection (b) or expulsion hearings conducted under
26382638 9 subsection (a), a student may disclose any factor to be
26392639 10 considered in mitigation, including his or her status as a
26402640 11 parent, expectant parent, or victim of domestic or sexual
26412641 12 violence, as defined in Article 26A. A representative of the
26422642 13 parent's or guardian's choice, or of the student's choice if
26432643 14 emancipated, must be permitted to represent the student
26442644 15 throughout the proceedings and to address the school board or
26452645 16 its appointed hearing officer. With the approval of the
26462646 17 student's parent or guardian, or of the student if
26472647 18 emancipated, a support person must be permitted to accompany
26482648 19 the student to any disciplinary hearings or proceedings. The
26492649 20 representative or support person must comply with any rules of
26502650 21 the school district's hearing process. If the representative
26512651 22 or support person violates the rules or engages in behavior or
26522652 23 advocacy that harasses, abuses, or intimidates either party, a
26532653 24 witness, or anyone else in attendance at the hearing, the
26542654 25 representative or support person may be prohibited from
26552655 26 further participation in the hearing or proceeding. A
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26662666 1 suspension or expulsion proceeding under this subsection
26672667 2 (b-35) must be conducted independently from any ongoing
26682668 3 criminal investigation or proceeding, and an absence of
26692669 4 pending or possible criminal charges, criminal investigations,
26702670 5 or proceedings may not be a factor in school disciplinary
26712671 6 decisions.
26722672 7 (b-40) During a suspension review hearing conducted under
26732673 8 subsection (b) or an expulsion hearing conducted under
26742674 9 subsection (a) that involves allegations of sexual violence by
26752675 10 the student who is subject to discipline, neither the student
26762676 11 nor his or her representative shall directly question nor have
26772677 12 direct contact with the alleged victim. The student who is
26782678 13 subject to discipline or his or her representative may, at the
26792679 14 discretion and direction of the school board or its appointed
26802680 15 hearing officer, suggest questions to be posed by the school
26812681 16 board or its appointed hearing officer to the alleged victim.
26822682 17 (c) A school board must invite a representative from a
26832683 18 local mental health agency to consult with the board at the
26842684 19 meeting whenever there is evidence that mental illness may be
26852685 20 the cause of a student's expulsion or suspension.
26862686 21 (c-5) School districts shall make reasonable efforts to
26872687 22 provide ongoing professional development to teachers,
26882688 23 administrators, school board members, school resource
26892689 24 officers, and staff on the adverse consequences of school
26902690 25 exclusion and justice-system involvement, effective classroom
26912691 26 management strategies, culturally responsive discipline, the
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27022702 1 appropriate and available supportive services for the
27032703 2 promotion of student attendance and engagement, and
27042704 3 developmentally appropriate disciplinary methods that promote
27052705 4 positive and healthy school climates.
27062706 5 (d) The board may expel a student for a definite period of
27072707 6 time not to exceed 2 calendar years, as determined on a
27082708 7 case-by-case basis. A student who is determined to have
27092709 8 brought one of the following objects to school, any
27102710 9 school-sponsored activity or event, or any activity or event
27112711 10 that bears a reasonable relationship to school shall be
27122712 11 expelled for a period of not less than one year:
27132713 12 (1) A firearm. For the purposes of this Section,
27142714 13 "firearm" means any gun, rifle, shotgun, weapon as defined
27152715 14 by Section 921 of Title 18 of the United States Code,
27162716 15 firearm as defined in Section 2-7.5 1.1 of the Firearm
27172717 16 Owners Identification Card Act, or firearm as defined in
27182718 17 Section 24-1 of the Criminal Code of 2012. The expulsion
27192719 18 period under this subdivision (1) may be modified by the
27202720 19 superintendent, and the superintendent's determination may
27212721 20 be modified by the board on a case-by-case basis.
27222722 21 (2) A knife, brass knuckles or other knuckle weapon
27232723 22 regardless of its composition, a billy club, or any other
27242724 23 object if used or attempted to be used to cause bodily
27252725 24 harm, including "look alikes" of any firearm as defined in
27262726 25 subdivision (1) of this subsection (d). The expulsion
27272727 26 requirement under this subdivision (2) may be modified by
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27372737 HB2922 - 77 - LRB103 27829 RLC 54207 b
27382738 1 the superintendent, and the superintendent's determination
27392739 2 may be modified by the board on a case-by-case basis.
27402740 3 Expulsion or suspension shall be construed in a manner
27412741 4 consistent with the federal Individuals with Disabilities
27422742 5 Education Act. A student who is subject to suspension or
27432743 6 expulsion as provided in this Section may be eligible for a
27442744 7 transfer to an alternative school program in accordance with
27452745 8 Article 13A of the School Code.
27462746 9 (d-5) The board may suspend or by regulation authorize the
27472747 10 superintendent of the district or the principal, assistant
27482748 11 principal, or dean of students of any school to suspend a
27492749 12 student for a period not to exceed 10 school days or may expel
27502750 13 a student for a definite period of time not to exceed 2
27512751 14 calendar years, as determined on a case-by-case basis, if (i)
27522752 15 that student has been determined to have made an explicit
27532753 16 threat on an Internet website against a school employee, a
27542754 17 student, or any school-related personnel, (ii) the Internet
27552755 18 website through which the threat was made is a site that was
27562756 19 accessible within the school at the time the threat was made or
27572757 20 was available to third parties who worked or studied within
27582758 21 the school grounds at the time the threat was made, and (iii)
27592759 22 the threat could be reasonably interpreted as threatening to
27602760 23 the safety and security of the threatened individual because
27612761 24 of his or her duties or employment status or status as a
27622762 25 student inside the school.
27632763 26 (e) To maintain order and security in the schools, school
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27742774 1 authorities may inspect and search places and areas such as
27752775 2 lockers, desks, parking lots, and other school property and
27762776 3 equipment owned or controlled by the school, as well as
27772777 4 personal effects left in those places and areas by students,
27782778 5 without notice to or the consent of the student, and without a
27792779 6 search warrant. As a matter of public policy, the General
27802780 7 Assembly finds that students have no reasonable expectation of
27812781 8 privacy in these places and areas or in their personal effects
27822782 9 left in these places and areas. School authorities may request
27832783 10 the assistance of law enforcement officials for the purpose of
27842784 11 conducting inspections and searches of lockers, desks, parking
27852785 12 lots, and other school property and equipment owned or
27862786 13 controlled by the school for illegal drugs, weapons, or other
27872787 14 illegal or dangerous substances or materials, including
27882788 15 searches conducted through the use of specially trained dogs.
27892789 16 If a search conducted in accordance with this Section produces
27902790 17 evidence that the student has violated or is violating either
27912791 18 the law, local ordinance, or the school's policies or rules,
27922792 19 such evidence may be seized by school authorities, and
27932793 20 disciplinary action may be taken. School authorities may also
27942794 21 turn over such evidence to law enforcement authorities.
27952795 22 (f) Suspension or expulsion may include suspension or
27962796 23 expulsion from school and all school activities and a
27972797 24 prohibition from being present on school grounds.
27982798 25 (g) A school district may adopt a policy providing that if
27992799 26 a student is suspended or expelled for any reason from any
28002800
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28092809 HB2922 - 79 - LRB103 27829 RLC 54207 b
28102810 1 public or private school in this or any other state, the
28112811 2 student must complete the entire term of the suspension or
28122812 3 expulsion in an alternative school program under Article 13A
28132813 4 of this Code or an alternative learning opportunities program
28142814 5 under Article 13B of this Code before being admitted into the
28152815 6 school district if there is no threat to the safety of students
28162816 7 or staff in the alternative program. A school district that
28172817 8 adopts a policy under this subsection (g) must include a
28182818 9 provision allowing for consideration of any mitigating
28192819 10 factors, including, but not limited to, a student's status as
28202820 11 a parent, expectant parent, or victim of domestic or sexual
28212821 12 violence, as defined in Article 26A.
28222822 13 (h) School officials shall not advise or encourage
28232823 14 students to drop out voluntarily due to behavioral or academic
28242824 15 difficulties.
28252825 16 (i) A student may not be issued a monetary fine or fee as a
28262826 17 disciplinary consequence, though this shall not preclude
28272827 18 requiring a student to provide restitution for lost, stolen,
28282828 19 or damaged property.
28292829 20 (j) Subsections (a) through (i) of this Section shall
28302830 21 apply to elementary and secondary schools, charter schools,
28312831 22 special charter districts, and school districts organized
28322832 23 under Article 34 of this Code.
28332833 24 (k) The expulsion of children enrolled in programs funded
28342834 25 under Section 1C-2 of this Code is subject to the requirements
28352835 26 under paragraph (7) of subsection (a) of Section 2-3.71 of
28362836
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28462846 1 this Code.
28472847 2 (l) Beginning with the 2018-2019 school year, an in-school
28482848 3 suspension program provided by a school district for any
28492849 4 students in kindergarten through grade 12 may focus on
28502850 5 promoting non-violent conflict resolution and positive
28512851 6 interaction with other students and school personnel. A school
28522852 7 district may employ a school social worker or a licensed
28532853 8 mental health professional to oversee an in-school suspension
28542854 9 program in kindergarten through grade 12.
28552855 10 (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
28562856 11 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
28572857 12 (105 ILCS 5/10-27.1A)
28582858 13 Sec. 10-27.1A. Firearms in schools.
28592859 14 (a) All school officials, including teachers, school
28602860 15 counselors, and support staff, shall immediately notify the
28612861 16 office of the principal in the event that they observe any
28622862 17 person in possession of a firearm on school grounds; provided
28632863 18 that taking such immediate action to notify the office of the
28642864 19 principal would not immediately endanger the health, safety,
28652865 20 or welfare of students who are under the direct supervision of
28662866 21 the school official or the school official. If the health,
28672867 22 safety, or welfare of students under the direct supervision of
28682868 23 the school official or of the school official is immediately
28692869 24 endangered, the school official shall notify the office of the
28702870 25 principal as soon as the students under his or her supervision
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28812881 1 and he or she are no longer under immediate danger. A report is
28822882 2 not required by this Section when the school official knows
28832883 3 that the person in possession of the firearm is a law
28842884 4 enforcement official engaged in the conduct of his or her
28852885 5 official duties. Any school official acting in good faith who
28862886 6 makes such a report under this Section shall have immunity
28872887 7 from any civil or criminal liability that might otherwise be
28882888 8 incurred as a result of making the report. The identity of the
28892889 9 school official making such report shall not be disclosed
28902890 10 except as expressly and specifically authorized by law.
28912891 11 Knowingly and willfully failing to comply with this Section is
28922892 12 a petty offense. A second or subsequent offense is a Class C
28932893 13 misdemeanor.
28942894 14 (b) Upon receiving a report from any school official
28952895 15 pursuant to this Section, or from any other person, the
28962896 16 principal or his or her designee shall immediately notify a
28972897 17 local law enforcement agency. If the person found to be in
28982898 18 possession of a firearm on school grounds is a student, the
28992899 19 principal or his or her designee shall also immediately notify
29002900 20 that student's parent or guardian. Any principal or his or her
29012901 21 designee acting in good faith who makes such reports under
29022902 22 this Section shall have immunity from any civil or criminal
29032903 23 liability that might otherwise be incurred or imposed as a
29042904 24 result of making the reports. Knowingly and willfully failing
29052905 25 to comply with this Section is a petty offense. A second or
29062906 26 subsequent offense is a Class C misdemeanor. If the person
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29172917 1 found to be in possession of the firearm on school grounds is a
29182918 2 minor, the law enforcement agency shall detain that minor
29192919 3 until such time as the agency makes a determination pursuant
29202920 4 to clause (a) of subsection (1) of Section 5-401 of the
29212921 5 Juvenile Court Act of 1987, as to whether the agency
29222922 6 reasonably believes that the minor is delinquent. If the law
29232923 7 enforcement agency determines that probable cause exists to
29242924 8 believe that the minor committed a violation of item (4) of
29252925 9 subsection (a) of Section 24-1 of the Criminal Code of 2012
29262926 10 while on school grounds, the agency shall detain the minor for
29272927 11 processing pursuant to Section 5-407 of the Juvenile Court Act
29282928 12 of 1987.
29292929 13 (c) On or after January 1, 1997, upon receipt of any
29302930 14 written, electronic, or verbal report from any school
29312931 15 personnel regarding a verified incident involving a firearm in
29322932 16 a school or on school owned or leased property, including any
29332933 17 conveyance owned, leased, or used by the school for the
29342934 18 transport of students or school personnel, the superintendent
29352935 19 or his or her designee shall report all such firearm-related
29362936 20 incidents occurring in a school or on school property to the
29372937 21 local law enforcement authorities immediately and to the
29382938 22 Illinois State Police in a form, manner, and frequency as
29392939 23 prescribed by the Illinois State Police.
29402940 24 The State Board of Education shall receive an annual
29412941 25 statistical compilation and related data associated with
29422942 26 incidents involving firearms in schools from the Illinois
29432943
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29532953 1 State Police. The State Board of Education shall compile this
29542954 2 information by school district and make it available to the
29552955 3 public.
29562956 4 (d) As used in this Section, the term "firearm" shall have
29572957 5 the meaning ascribed to it in Section 2-7.5 of the Criminal
29582958 6 Code of 2012 1.1 of the Firearm Owners Identification Card
29592959 7 Act.
29602960 8 As used in this Section, the term "school" means any
29612961 9 public or private elementary or secondary school.
29622962 10 As used in this Section, the term "school grounds"
29632963 11 includes the real property comprising any school, any
29642964 12 conveyance owned, leased, or contracted by a school to
29652965 13 transport students to or from school or a school-related
29662966 14 activity, or any public way within 1,000 feet of the real
29672967 15 property comprising any school.
29682968 16 (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
29692969 17 102-813, eff. 5-13-22.)
29702970 18 (105 ILCS 5/34-8.05)
29712971 19 Sec. 34-8.05. Reporting firearms in schools. On or after
29722972 20 January 1, 1997, upon receipt of any written, electronic, or
29732973 21 verbal report from any school personnel regarding a verified
29742974 22 incident involving a firearm in a school or on school owned or
29752975 23 leased property, including any conveyance owned, leased, or
29762976 24 used by the school for the transport of students or school
29772977 25 personnel, the general superintendent or his or her designee
29782978
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29882988 1 shall report all such firearm-related incidents occurring in a
29892989 2 school or on school property to the local law enforcement
29902990 3 authorities no later than 24 hours after the occurrence of the
29912991 4 incident and to the Illinois State Police in a form, manner,
29922992 5 and frequency as prescribed by the Illinois State Police.
29932993 6 The State Board of Education shall receive an annual
29942994 7 statistical compilation and related data associated with
29952995 8 incidents involving firearms in schools from the Illinois
29962996 9 State Police. As used in this Section, the term "firearm"
29972997 10 shall have the meaning ascribed to it in Section 2-7.5 of the
29982998 11 Criminal Code of 2012 1.1 of the Firearm Owners Identification
29992999 12 Card Act.
30003000 13 (Source: P.A. 102-538, eff. 8-20-21.)
30013001 14 Section 40. The Illinois Explosives Act is amended by
30023002 15 changing Section 2005 as follows:
30033003 16 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
30043004 17 Sec. 2005. Qualifications for licensure.
30053005 18 (a) No person shall qualify to hold a license who:
30063006 19 (1) is under 21 years of age;
30073007 20 (2) has been convicted in any court of a crime
30083008 21 punishable by imprisonment for a term exceeding one year;
30093009 22 (3) is under indictment for a crime punishable by
30103010 23 imprisonment for a term exceeding one year;
30113011 24 (4) is a fugitive from justice;
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30223022 1 (5) is an unlawful user of or addicted to any
30233023 2 controlled substance as defined in Section 102 of the
30243024 3 federal Controlled Substances Act (21 U.S.C. Sec. 802 et
30253025 4 seq.);
30263026 5 (6) has been adjudicated a person with a mental
30273027 6 disability as defined in Section 6-103.1 of the Mental
30283028 7 Health and Developmental Disabilities Code 1.1 of the
30293029 8 Firearm Owners Identification Card Act; or
30303030 9 (7) is not a legal citizen of the United States or
30313031 10 lawfully admitted for permanent residence.
30323032 11 (b) A person who has been granted a "relief from
30333033 12 disabilities" regarding criminal convictions and indictments,
30343034 13 pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
30353035 14 845) may receive a license provided all other qualifications
30363036 15 under this Act are met.
30373037 16 (Source: P.A. 101-541, eff. 8-23-19.)
30383038 17 Section 45. The Private Detective, Private Alarm, Private
30393039 18 Security, and Locksmith Act of 2004 is amended by changing
30403040 19 Sections 35-30 and 35-35 as follows:
30413041 20 (225 ILCS 447/35-30)
30423042 21 (Section scheduled to be repealed on January 1, 2024)
30433043 22 Sec. 35-30. Employee requirements. All employees of a
30443044 23 licensed agency, other than those exempted, shall apply for a
30453045 24 permanent employee registration card. The holder of an agency
30463046
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30563056 1 license issued under this Act, known in this Section as
30573057 2 "employer", may employ in the conduct of his or her business
30583058 3 employees under the following provisions:
30593059 4 (a) No person shall be issued a permanent employee
30603060 5 registration card who:
30613061 6 (1) Is younger than 18 years of age.
30623062 7 (2) Is younger than 21 years of age if the services
30633063 8 will include being armed.
30643064 9 (3) Has been determined by the Department to be unfit
30653065 10 by reason of conviction of an offense in this or another
30663066 11 state, including registration as a sex offender, but not
30673067 12 including a traffic offense. Persons convicted of felonies
30683068 13 involving bodily harm, weapons, violence, or theft within
30693069 14 the previous 10 years shall be presumed to be unfit for
30703070 15 registration. The Department shall adopt rules for making
30713071 16 those determinations that shall afford the applicant due
30723072 17 process of law.
30733073 18 (4) Has had a license or permanent employee
30743074 19 registration card denied, suspended, or revoked under this
30753075 20 Act (i) within one year before the date the person's
30763076 21 application for permanent employee registration card is
30773077 22 received by the Department; and (ii) that refusal, denial,
30783078 23 suspension, or revocation was based on any provision of
30793079 24 this Act other than Section 40-50, item (6) or (8) of
30803080 25 subsection (a) of Section 15-10, subsection (b) of Section
30813081 26 15-10, item (6) or (8) of subsection (a) of Section 20-10,
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30923092 1 subsection (b) of Section 20-10, item (6) or (8) of
30933093 2 subsection (a) of Section 25-10, subsection (b) of Section
30943094 3 25-10, item (7) of subsection (a) of Section 30-10,
30953095 4 subsection (b) of Section 30-10, or Section 10-40.
30963096 5 (5) Has been declared incompetent by any court of
30973097 6 competent jurisdiction by reason of mental disease or
30983098 7 defect and has not been restored.
30993099 8 (6) Has been dishonorably discharged from the armed
31003100 9 services of the United States.
31013101 10 (b) No person may be employed by a private detective
31023102 11 agency, private security contractor agency, private alarm
31033103 12 contractor agency, fingerprint vendor agency, or locksmith
31043104 13 agency under this Section until he or she has executed and
31053105 14 furnished to the employer, on forms furnished by the
31063106 15 Department, a verified statement to be known as "Employee's
31073107 16 Statement" setting forth:
31083108 17 (1) The person's full name, age, and residence
31093109 18 address.
31103110 19 (2) The business or occupation engaged in for the 5
31113111 20 years immediately before the date of the execution of the
31123112 21 statement, the place where the business or occupation was
31133113 22 engaged in, and the names of employers, if any.
31143114 23 (3) That the person has not had a license or employee
31153115 24 registration denied, revoked, or suspended under this Act
31163116 25 (i) within one year before the date the person's
31173117 26 application for permanent employee registration card is
31183118
31193119
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31283128 1 received by the Department; and (ii) that refusal, denial,
31293129 2 suspension, or revocation was based on any provision of
31303130 3 this Act other than Section 40-50, item (6) or (8) of
31313131 4 subsection (a) of Section 15-10, subsection (b) of Section
31323132 5 15-10, item (6) or (8) of subsection (a) of Section 20-10,
31333133 6 subsection (b) of Section 20-10, item (6) or (8) of
31343134 7 subsection (a) of Section 25-10, subsection (b) of Section
31353135 8 25-10, item (7) of subsection (a) of Section 30-10,
31363136 9 subsection (b) of Section 30-10, or Section 10-40.
31373137 10 (4) Any conviction of a felony or misdemeanor.
31383138 11 (5) Any declaration of incompetence by a court of
31393139 12 competent jurisdiction that has not been restored.
31403140 13 (6) Any dishonorable discharge from the armed services
31413141 14 of the United States.
31423142 15 (7) Any other information as may be required by any
31433143 16 rule of the Department to show the good character,
31443144 17 competency, and integrity of the person executing the
31453145 18 statement.
31463146 19 (c) Each applicant for a permanent employee registration
31473147 20 card shall have his or her fingerprints submitted to the
31483148 21 Illinois State Police in an electronic format that complies
31493149 22 with the form and manner for requesting and furnishing
31503150 23 criminal history record information as prescribed by the
31513151 24 Illinois State Police. These fingerprints shall be checked
31523152 25 against the Illinois State Police and Federal Bureau of
31533153 26 Investigation criminal history record databases now and
31543154
31553155
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31573157
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31643164 1 hereafter filed. The Illinois State Police shall charge
31653165 2 applicants a fee for conducting the criminal history records
31663166 3 check, which shall be deposited in the State Police Services
31673167 4 Fund and shall not exceed the actual cost of the records check.
31683168 5 The Illinois State Police shall furnish, pursuant to positive
31693169 6 identification, records of Illinois convictions to the
31703170 7 Department. The Department may require applicants to pay a
31713171 8 separate fingerprinting fee, either to the Department or
31723172 9 directly to the vendor. The Department, in its discretion, may
31733173 10 allow an applicant who does not have reasonable access to a
31743174 11 designated vendor to provide his or her fingerprints in an
31753175 12 alternative manner. The Department, in its discretion, may
31763176 13 also use other procedures in performing or obtaining criminal
31773177 14 background checks of applicants. Instead of submitting his or
31783178 15 her fingerprints, an individual may submit proof that is
31793179 16 satisfactory to the Department that an equivalent security
31803180 17 clearance has been conducted. Also, an individual who has
31813181 18 retired as a peace officer within 12 months of application may
31823182 19 submit verification, on forms provided by the Department and
31833183 20 signed by his or her employer, of his or her previous full-time
31843184 21 employment as a peace officer.
31853185 22 (d) The Department shall issue a permanent employee
31863186 23 registration card, in a form the Department prescribes, to all
31873187 24 qualified applicants. The holder of a permanent employee
31883188 25 registration card shall carry the card at all times while
31893189 26 actually engaged in the performance of the duties of his or her
31903190
31913191
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32003200 1 employment. Expiration and requirements for renewal of
32013201 2 permanent employee registration cards shall be established by
32023202 3 rule of the Department. Possession of a permanent employee
32033203 4 registration card does not in any way imply that the holder of
32043204 5 the card is employed by an agency unless the permanent
32053205 6 employee registration card is accompanied by the employee
32063206 7 identification card required by subsection (f) of this
32073207 8 Section.
32083208 9 (e) Each employer shall maintain a record of each employee
32093209 10 that is accessible to the duly authorized representatives of
32103210 11 the Department. The record shall contain the following
32113211 12 information:
32123212 13 (1) A photograph taken within 10 days of the date that
32133213 14 the employee begins employment with the employer. The
32143214 15 photograph shall be replaced with a current photograph
32153215 16 every 3 calendar years.
32163216 17 (2) The Employee's Statement specified in subsection
32173217 18 (b) of this Section.
32183218 19 (3) All correspondence or documents relating to the
32193219 20 character and integrity of the employee received by the
32203220 21 employer from any official source or law enforcement
32213221 22 agency.
32223222 23 (4) In the case of former employees, the employee
32233223 24 identification card of that person issued under subsection
32243224 25 (f) of this Section. Each employee record shall duly note
32253225 26 if the employee is employed in an armed capacity. Armed
32263226
32273227
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32323232
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32363236 1 employee files shall contain a copy of an active firearm
32373237 2 owner's identification card and a copy of an active
32383238 3 firearm control card. Each employer shall maintain a
32393239 4 record for each armed employee of each instance in which
32403240 5 the employee's weapon was discharged during the course of
32413241 6 his or her professional duties or activities. The record
32423242 7 shall be maintained on forms provided by the Department, a
32433243 8 copy of which must be filed with the Department within 15
32443244 9 days of an instance. The record shall include the date and
32453245 10 time of the occurrence, the circumstances involved in the
32463246 11 occurrence, and any other information as the Department
32473247 12 may require. Failure to provide this information to the
32483248 13 Department or failure to maintain the record as a part of
32493249 14 each armed employee's permanent file is grounds for
32503250 15 disciplinary action. The Department, upon receipt of a
32513251 16 report, shall have the authority to make any investigation
32523252 17 it considers appropriate into any occurrence in which an
32533253 18 employee's weapon was discharged and to take disciplinary
32543254 19 action as may be appropriate.
32553255 20 (5) A copy of the employee's permanent employee
32563256 21 registration card or a copy of the Department's "License
32573257 22 Lookup" Webpage showing that the employee has been issued
32583258 23 a valid permanent employee registration card by the
32593259 24 Department.
32603260 25 The Department may, by rule, prescribe further record
32613261 26 requirements.
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32633263
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32723272 1 (f) Every employer shall furnish an employee
32733273 2 identification card to each of his or her employees. This
32743274 3 employee identification card shall contain a recent photograph
32753275 4 of the employee, the employee's name, the name and agency
32763276 5 license number of the employer, the employee's personal
32773277 6 description, the signature of the employer, the signature of
32783278 7 that employee, the date of issuance, and an employee
32793279 8 identification card number.
32803280 9 (g) No employer may issue an employee identification card
32813281 10 to any person who is not employed by the employer in accordance
32823282 11 with this Section or falsely state or represent that a person
32833283 12 is or has been in his or her employ. It is unlawful for an
32843284 13 applicant for registered employment to file with the
32853285 14 Department the fingerprints of a person other than himself or
32863286 15 herself.
32873287 16 (h) Every employer shall obtain the identification card of
32883288 17 every employee who terminates employment with him or her.
32893289 18 (i) Every employer shall maintain a separate roster of the
32903290 19 names of all employees currently working in an armed capacity
32913291 20 and submit the roster to the Department on request.
32923292 21 (j) No agency may employ any person to perform a licensed
32933293 22 activity under this Act unless the person possesses a valid
32943294 23 permanent employee registration card or a valid license under
32953295 24 this Act, or is exempt pursuant to subsection (n).
32963296 25 (k) Notwithstanding the provisions of subsection (j), an
32973297 26 agency may employ a person in a temporary capacity if all of
32983298
32993299
33003300
33013301
33023302
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33043304
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33083308 1 the following conditions are met:
33093309 2 (1) The agency completes in its entirety and submits
33103310 3 to the Department an application for a permanent employee
33113311 4 registration card, including the required fingerprint
33123312 5 receipt and fees.
33133313 6 (2) The agency has verification from the Department
33143314 7 that the applicant has no record of any criminal
33153315 8 conviction pursuant to the criminal history check
33163316 9 conducted by the Illinois State Police. The agency shall
33173317 10 maintain the verification of the results of the Illinois
33183318 11 State Police criminal history check as part of the
33193319 12 employee record as required under subsection (e) of this
33203320 13 Section.
33213321 14 (3) The agency exercises due diligence to ensure that
33223322 15 the person is qualified under the requirements of the Act
33233323 16 to be issued a permanent employee registration card.
33243324 17 (4) The agency maintains a separate roster of the
33253325 18 names of all employees whose applications are currently
33263326 19 pending with the Department and submits the roster to the
33273327 20 Department on a monthly basis. Rosters are to be
33283328 21 maintained by the agency for a period of at least 24
33293329 22 months.
33303330 23 An agency may employ only a permanent employee applicant
33313331 24 for which it either submitted a permanent employee application
33323332 25 and all required forms and fees or it confirms with the
33333333 26 Department that a permanent employee application and all
33343334
33353335
33363336
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33403340
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33443344 1 required forms and fees have been submitted by another agency,
33453345 2 licensee or the permanent employee and all other requirements
33463346 3 of this Section are met.
33473347 4 The Department shall have the authority to revoke, without
33483348 5 a hearing, the temporary authority of an individual to work
33493349 6 upon receipt of Federal Bureau of Investigation fingerprint
33503350 7 data or a report of another official authority indicating a
33513351 8 criminal conviction. If the Department has not received a
33523352 9 temporary employee's Federal Bureau of Investigation
33533353 10 fingerprint data within 120 days of the date the Department
33543354 11 received the Illinois State Police fingerprint data, the
33553355 12 Department may, at its discretion, revoke the employee's
33563356 13 temporary authority to work with 15 days written notice to the
33573357 14 individual and the employing agency.
33583358 15 An agency may not employ a person in a temporary capacity
33593359 16 if it knows or reasonably should have known that the person has
33603360 17 been convicted of a crime under the laws of this State, has
33613361 18 been convicted in another state of any crime that is a crime
33623362 19 under the laws of this State, has been convicted of any crime
33633363 20 in a federal court, or has been posted as an unapproved
33643364 21 applicant by the Department. Notice by the Department to the
33653365 22 agency, via certified mail, personal delivery, electronic
33663366 23 mail, or posting on the Department's Internet site accessible
33673367 24 to the agency that the person has been convicted of a crime
33683368 25 shall be deemed constructive knowledge of the conviction on
33693369 26 the part of the agency. The Department may adopt rules to
33703370
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33763376
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33793379 HB2922 - 95 - LRB103 27829 RLC 54207 b
33803380 1 implement this subsection (k).
33813381 2 (l) No person may be employed under this Section in any
33823382 3 capacity if:
33833383 4 (1) the person, while so employed, is being paid by
33843384 5 the United States or any political subdivision for the
33853385 6 time so employed in addition to any payments he or she may
33863386 7 receive from the employer; or
33873387 8 (2) the person wears any portion of his or her
33883388 9 official uniform, emblem of authority, or equipment while
33893389 10 so employed.
33903390 11 (m) If information is discovered affecting the
33913391 12 registration of a person whose fingerprints were submitted
33923392 13 under this Section, the Department shall so notify the agency
33933393 14 that submitted the fingerprints on behalf of that person.
33943394 15 (n) Peace officers shall be exempt from the requirements
33953395 16 of this Section relating to permanent employee registration
33963396 17 cards. The agency shall remain responsible for any peace
33973397 18 officer employed under this exemption, regardless of whether
33983398 19 the peace officer is compensated as an employee or as an
33993399 20 independent contractor and as further defined by rule.
34003400 21 (o) Persons who have no access to confidential or security
34013401 22 information, who do not go to a client's or prospective
34023402 23 client's residence or place of business, and who otherwise do
34033403 24 not provide traditional security services are exempt from
34043404 25 employee registration. Examples of exempt employees include,
34053405 26 but are not limited to, employees working in the capacity of
34063406
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34163416 1 ushers, directors, ticket takers, cashiers, drivers, and
34173417 2 reception personnel. Confidential or security information is
34183418 3 that which pertains to employee files, scheduling, client
34193419 4 contracts, or technical security and alarm data.
34203420 5 (p) An applicant who is 21 years of age or older seeking a
34213421 6 religious exemption to the photograph requirement of this
34223422 7 Section shall furnish with the application an approved copy of
34233423 8 United States Department of the Treasury Internal Revenue
34243424 9 Service Form 4029. Regardless of age, an applicant seeking a
34253425 10 religious exemption to this photograph requirement shall
34263426 11 submit fingerprints in a form and manner prescribed by the
34273427 12 Department with his or her application in lieu of a
34283428 13 photograph.
34293429 14 (Source: P.A. 102-538, eff. 8-20-21.)
34303430 15 (225 ILCS 447/35-35)
34313431 16 (Section scheduled to be repealed on January 1, 2024)
34323432 17 Sec. 35-35. Requirement of a firearm control card.
34333433 18 (a) No person shall perform duties that include the use,
34343434 19 carrying, or possession of a firearm in the performance of
34353435 20 those duties without complying with the provisions of this
34363436 21 Section and having been issued a valid firearm control card by
34373437 22 the Department.
34383438 23 (b) No employer shall employ any person to perform the
34393439 24 duties for which licensure or employee registration is
34403440 25 required and allow that person to carry a firearm unless that
34413441
34423442
34433443
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34473447
34483448
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34513451 1 person has complied with all the firearm training requirements
34523452 2 of this Section and has been issued a firearm control card.
34533453 3 This Act permits only the following to carry firearms while
34543454 4 actually engaged in the performance of their duties or while
34553455 5 commuting directly to or from their places of employment:
34563456 6 persons licensed as private detectives and their registered
34573457 7 employees; persons licensed as private security contractors
34583458 8 and their registered employees; persons licensed as private
34593459 9 alarm contractors and their registered employees; and
34603460 10 employees of a registered armed proprietary security force.
34613461 11 (c) Possession of a valid firearm control card allows a
34623462 12 licensee or employee to carry a firearm not otherwise
34633463 13 prohibited by law while the licensee or employee is engaged in
34643464 14 the performance of his or her duties or while the licensee or
34653465 15 employee is commuting directly to or from the licensee's or
34663466 16 employee's place or places of employment.
34673467 17 (d) The Department shall issue a firearm control card to a
34683468 18 person who has passed an approved firearm training course, who
34693469 19 is currently licensed or employed by an agency licensed by
34703470 20 this Act and has met all the requirements of this Act, and who
34713471 21 is not prohibited under State or federal law from possessing a
34723472 22 firearm possesses a valid firearm owner identification card.
34733473 23 Application for the firearm control card shall be made by the
34743474 24 employer to the Department on forms provided by the
34753475 25 Department. The Department shall forward the card to the
34763476 26 employer who shall be responsible for its issuance to the
34773477
34783478
34793479
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34873487 1 licensee or employee. The firearm control card shall be issued
34883488 2 by the Department and shall identify the person holding it and
34893489 3 the name of the course where the licensee or employee received
34903490 4 firearm instruction and shall specify the type of weapon or
34913491 5 weapons the person is authorized by the Department to carry
34923492 6 and for which the person has been trained.
34933493 7 (e) Expiration and requirements for renewal of firearm
34943494 8 control cards shall be determined by rule.
34953495 9 (f) The Department may, in addition to any other
34963496 10 disciplinary action permitted by this Act, refuse to issue,
34973497 11 suspend, or revoke a firearm control card if the applicant or
34983498 12 holder has been convicted of any felony or crime involving the
34993499 13 illegal use, carrying, or possession of a deadly weapon or for
35003500 14 a violation of this Act or rules adopted promulgated under
35013501 15 this Act. The Department shall refuse to issue or shall revoke
35023502 16 a firearm control card if the applicant or holder is
35033503 17 prohibited under State or federal law from possessing a
35043504 18 firearm fails to possess a valid firearm owners identification
35053505 19 card without hearing. The Secretary shall summarily suspend a
35063506 20 firearm control card if the Secretary finds that its continued
35073507 21 use would constitute an imminent danger to the public. A
35083508 22 hearing shall be held before the Board within 30 days if the
35093509 23 Secretary summarily suspends a firearm control card.
35103510 24 (g) Notwithstanding any other provision of this Act to the
35113511 25 contrary, all requirements relating to firearms control cards
35123512 26 do not apply to a peace officer. If an individual ceases to be
35133513
35143514
35153515
35163516
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35233523 1 employed as a peace officer and continues to perform services
35243524 2 in an armed capacity under this Act that are licensed
35253525 3 activities, then the individual is required to obtain a
35263526 4 permanent employee registration card pursuant to Section 35-30
35273527 5 of this Act and must possess a valid Firearm Owner's
35283528 6 Identification Card, but is not required to obtain a firearm
35293529 7 control card if the individual is otherwise in continuing
35303530 8 compliance with the federal Law Enforcement Officers Safety
35313531 9 Act of 2004. If an individual elects to carry a firearm
35323532 10 pursuant to the federal Law Enforcement Officers Safety Act of
35333533 11 2004, then the agency employing the officer is required to
35343534 12 submit a notice of that election to the Department along with a
35353535 13 fee specified by rule.
35363536 14 (h) The Department may issue a temporary firearm control
35373537 15 card pending issuance of a new firearm control card upon an
35383538 16 agency's acquiring of an established armed account. An agency
35393539 17 that has acquired armed employees as a result of acquiring an
35403540 18 established armed account may, on forms supplied by the
35413541 19 Department, request the issuance of a temporary firearm
35423542 20 control card for each acquired employee who held a valid
35433543 21 firearm control card under his or her employment with the
35443544 22 newly acquired established armed account immediately preceding
35453545 23 the acquiring of the account and who continues to meet all of
35463546 24 the qualifications for issuance of a firearm control card set
35473547 25 forth in this Act and any rules adopted under this Act. The
35483548 26 Department shall, by rule, set the fee for issuance of a
35493549
35503550
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35553555
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35583558 HB2922 - 100 - LRB103 27829 RLC 54207 b
35593559 1 temporary firearm control card.
35603560 2 (i) The Department shall not issue a firearm control card
35613561 3 to a licensed fingerprint vendor or a licensed locksmith or
35623562 4 employees of a licensed fingerprint vendor agency or a
35633563 5 licensed locksmith agency.
35643564 6 (Source: P.A. 100-712, eff. 8-3-18.)
35653565 7 Section 50. The Mental Health and Developmental
35663566 8 Disabilities Code is amended by changing Sections 1-106,
35673567 9 1-116, 6-103.1, 6-103.2, and 6-103.3 as follows:
35683568 10 (405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)
35693569 11 Sec. 1-106. "Developmental disability" means a severe,
35703570 12 chronic disability, other than mental illness, found to be
35713571 13 closely related to an intellectual disability because this
35723572 14 condition results in impairment of general intellectual
35733573 15 functioning or adaptive behavior similar to that of persons
35743574 16 with ID, and requires services similar to those required for a
35753575 17 person with an intellectual disability. In addition, a
35763576 18 developmental disability: (1) is manifested before the
35773577 19 individual reaches 22 years of age; (2) is likely to continue
35783578 20 indefinitely; (3) results in substantial functional
35793579 21 limitations in three or more of the following areas of major
35803580 22 life activity: self-care, receptive and expressive language,
35813581 23 learning, mobility, self-direction, capacity for independent
35823582 24 living, or economic self-sufficiency; and (4) reflects the
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35843584
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35893589
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35933593 1 individual's need for a combination and sequence of special
35943594 2 interdisciplinary or generic services, individualized
35953595 3 supports, or other forms of assistance that are of lifelong or
35963596 4 extended duration and are individually planned and
35973597 5 coordinated. This definition does not supersede the
35983598 6 "developmental disability" definition in Section 1.1 of the
35993599 7 Firearm Owners Identification Card Act which is required to be
36003600 8 applied under that Act for the purpose of mandatory reporting.
36013601 9 (Source: P.A. 102-972, eff. 1-1-23.)
36023602 10 (405 ILCS 5/1-116) (from Ch. 91 1/2, par. 1-116)
36033603 11 Sec. 1-116. Intellectual disability. "Intellectual
36043604 12 disability" means a disorder with onset during the
36053605 13 developmental period (before the individual reaches age 22),
36063606 14 that includes both intellectual and adaptive deficits in
36073607 15 conceptual, social and practical domains. The following 3
36083608 16 criteria must be met: (1) deficits in intellectual functions
36093609 17 such as reasoning, problem solving, planning, abstract
36103610 18 thinking, judgment, academic learning, and learning from
36113611 19 experience confirmed by both clinical assessment and
36123612 20 individualized, standardized intelligence testing (generally
36133613 21 indicated with an IQ score of about 70 or below), (2) deficits
36143614 22 in adaptive functioning that result in failure to meet
36153615 23 developmental and sociocultural standards for personal
36163616 24 independence and social responsibility. Without ongoing
36173617 25 support, the adaptive deficits limit functioning in one or
36183618
36193619
36203620
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36243624
36253625
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36283628 1 more activities of daily life, such as communication, social
36293629 2 participation, and independent living, across multiple
36303630 3 environments, such as home, school, work, and community, and
36313631 4 (3) onset of intellectual and adaptive deficits during the
36323632 5 developmental period. This definition does not supersede the
36333633 6 "intellectual disability" definition in Section 1.1 of the
36343634 7 Firearm Owners Identification Card Act which is required to be
36353635 8 applied under that Act for the purpose of mandatory reporting.
36363636 9 (Source: P.A. 102-972, eff. 1-1-23.)
36373637 10 (405 ILCS 5/6-103.1)
36383638 11 Sec. 6-103.1. Adjudication as a person with a mental
36393639 12 disability. When a person has been adjudicated as a person
36403640 13 with a mental disability as defined in Section 1.1 of the
36413641 14 Firearm Owners Identification Card Act, including, but not
36423642 15 limited to, an adjudication as a person with a disability as
36433643 16 defined in Section 11a-2 of the Probate Act of 1975, the court
36443644 17 shall direct the circuit court clerk to notify the Illinois
36453645 18 State Police, Firearm Owner's Identification (FOID) Office, in
36463646 19 a form and manner prescribed by the Illinois State Police, and
36473647 20 shall forward a copy of the court order to the Department no
36483648 21 later than 7 days after the entry of the order. Upon receipt of
36493649 22 the order, the Illinois State Police shall provide
36503650 23 notification to the National Instant Criminal Background Check
36513651 24 System. In this Section, "has been adjudicated as a mentally
36523652 25 disabled person" means the person is the subject of a
36533653
36543654
36553655
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36593659
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36633663 1 determination by a court, board, commission, or other lawful
36643664 2 authority that the person, as a result of marked subnormal
36653665 3 intelligence, or mental illness, mental impairment,
36663666 4 incompetency, condition, or disease:
36673667 5 (1) presents a clear and present danger to himself,
36683668 6 herself, or to others;
36693669 7 (2) lacks the mental capacity to manage his or her own
36703670 8 affairs or is adjudicated a disabled person as defined in
36713671 9 Section 11a-2 of the Probate Act of 1975;
36723672 10 (3) is not guilty in a criminal case by reason of
36733673 11 insanity, mental disease or defect;
36743674 12 (3.5) is guilty but mentally ill, as provided in
36753675 13 Section 5-2-6 of the Unified Code of Corrections;
36763676 14 (4) is unfit to stand trial in a criminal case;
36773677 15 (5) is not guilty by reason of lack of mental
36783678 16 responsibility under Articles 50a and 72b of the Uniform
36793679 17 Code of Military Justice, 10 U.S.C. 850a, 876b;
36803680 18 (6) is a sexually violent person under subsection (f)
36813681 19 of Section 5 of the Sexually Violent Persons Commitment
36823682 20 Act;
36833683 21 (7) is a sexually dangerous person under the Sexually
36843684 22 Dangerous Persons Act;
36853685 23 (8) is unfit to stand trial under the Juvenile Court
36863686 24 Act of 1987;
36873687 25 (9) is not guilty by reason of insanity under the
36883688 26 Juvenile Court Act of 1987;
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36993699 1 (10) is a person subject to involuntary admission on
37003700 2 an inpatient basis as defined in Section 1-119 of the
37013701 3 Mental Health and Developmental Disabilities Code;
37023702 4 (11) is a person subject to involuntary admission on
37033703 5 an outpatient basis as defined in Section 1-119.1 of the
37043704 6 Mental Health and Developmental Disabilities Code;
37053705 7 (12) is subject to judicial admission as set forth in
37063706 8 Section 4-500 of the Mental Health and Developmental
37073707 9 Disabilities Code; or
37083708 10 (13) is subject to the provisions of the Interstate
37093709 11 Agreements on Sexually Dangerous Persons Act.
37103710 12 (Source: P.A. 102-538, eff. 8-20-21.)
37113711 13 (405 ILCS 5/6-103.2)
37123712 14 Sec. 6-103.2. Developmental disability; notice. If a
37133713 15 person 14 years old or older is determined to be a person with
37143714 16 a developmental disability by a physician, clinical
37153715 17 psychologist, or qualified examiner, the physician, clinical
37163716 18 psychologist, or qualified examiner shall notify the
37173717 19 Department of Human Services within 7 days of making the
37183718 20 determination that the person has a developmental disability.
37193719 21 The Department of Human Services shall immediately update its
37203720 22 records and information relating to mental health and
37213721 23 developmental disabilities, and if appropriate, shall notify
37223722 24 the Illinois State Police in a form and manner prescribed by
37233723 25 the Illinois State Police. Information disclosed under this
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37343734 1 Section shall remain privileged and confidential, and shall
37353735 2 not be redisclosed, except as required under paragraph (2) of
37363736 3 subsection (e) of Section 24-4.5 of the Criminal Code of 2012
37373737 4 subsection (e) of Section 3.1 of the Firearm Owners
37383738 5 Identification Card Act, nor used for any other purpose. The
37393739 6 method of providing this information shall guarantee that the
37403740 7 information is not released beyond that which is necessary for
37413741 8 the purpose of this Section and shall be provided by rule by
37423742 9 the Department of Human Services. The identity of the person
37433743 10 reporting under this Section shall not be disclosed to the
37443744 11 subject of the report.
37453745 12 The physician, clinical psychologist, or qualified
37463746 13 examiner making the determination and his or her employer may
37473747 14 not be held criminally, civilly, or professionally liable for
37483748 15 making or not making the notification required under this
37493749 16 Section, except for willful or wanton misconduct.
37503750 17 In this Section, "developmentally disabled" has the
37513751 18 meaning ascribed to it in Section 12 of the Mental Health and
37523752 19 Developmental Disabilities Confidentiality Act.
37533753 20 In For purposes of this Section, "developmental
37543754 21 disability" means a disability which is attributable to any
37553755 22 other condition which results in impairment similar to that
37563756 23 caused by an intellectual disability and which requires
37573757 24 services similar to those required by intellectually disabled
37583758 25 persons. The disability must originate before the age of 18
37593759 26 years, be expected to continue indefinitely, and constitute a
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37703770 1 substantial disability. This disability results, in the
37713771 2 professional opinion of a physician, clinical psychologist, or
37723772 3 qualified examiner, in significant functional limitations in 3
37733773 4 or more of the following areas of major life activity:
37743774 5 (i) self-care;
37753775 6 (ii) receptive and expressive language;
37763776 7 (iii) learning;
37773777 8 (iv) mobility; or
37783778 9 (v) self-direction.
37793779 10 "Determined to be a person with a developmental disability
37803780 11 by a physician, clinical psychologist, or qualified examiner"
37813781 12 means in the professional opinion of the physician, clinical
37823782 13 psychologist, or qualified examiner, a person is diagnosed,
37833783 14 assessed, or evaluated as having a developmental disability.
37843784 15 (Source: P.A. 102-538, eff. 8-20-21.)
37853785 16 (405 ILCS 5/6-103.3)
37863786 17 Sec. 6-103.3. Clear and present danger; notice. If a
37873787 18 person is determined to pose a clear and present danger to
37883788 19 himself, herself, or to others by a physician, clinical
37893789 20 psychologist, or qualified examiner, whether employed by the
37903790 21 State, by any public or private mental health facility or part
37913791 22 thereof, or by a law enforcement official or a school
37923792 23 administrator, then the physician, clinical psychologist,
37933793 24 qualified examiner shall notify the Department of Human
37943794 25 Services and a law enforcement official or school
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38053805 1 administrator shall notify the Illinois State Police, within
38063806 2 24 hours of making the determination that the person poses a
38073807 3 clear and present danger. The Department of Human Services
38083808 4 shall immediately update its records and information relating
38093809 5 to mental health and developmental disabilities, and if
38103810 6 appropriate, shall notify the Illinois State Police in a form
38113811 7 and manner prescribed by the Illinois State Police.
38123812 8 Information disclosed under this Section shall remain
38133813 9 privileged and confidential, and shall not be redisclosed,
38143814 10 except as required under paragraph (2) of subsection (e) of
38153815 11 Section 24-4.5 of the Criminal Code of 2012 subsection (e) of
38163816 12 Section 3.1 of the Firearm Owners Identification Card Act, nor
38173817 13 used for any other purpose. The method of providing this
38183818 14 information shall guarantee that the information is not
38193819 15 released beyond that which is necessary for the purpose of
38203820 16 this Section and shall be provided by rule by the Department of
38213821 17 Human Services. The identity of the person reporting under
38223822 18 this Section shall not be disclosed to the subject of the
38233823 19 report. The physician, clinical psychologist, qualified
38243824 20 examiner, law enforcement official, or school administrator
38253825 21 making the determination and his or her employer shall not be
38263826 22 held criminally, civilly, or professionally liable for making
38273827 23 or not making the notification required under this Section,
38283828 24 except for willful or wanton misconduct. This Section does not
38293829 25 apply to a law enforcement official, if making the
38303830 26 notification under this Section will interfere with an ongoing
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38413841 1 or pending criminal investigation.
38423842 2 In For the purposes of this Section:
38433843 3 "Clear and present danger" means a person who:
38443844 4 (1) communicates a serious threat of physical
38453845 5 violence against a reasonably identifiable victim or
38463846 6 poses a clear and imminent risk of serious physical
38473847 7 injury to himself, herself, or another person as
38483848 8 determined by a physician, clinical psychologist, or
38493849 9 qualified examiner; or
38503850 10 (2) demonstrates threatening physical or verbal
38513851 11 behavior, such as violent, suicidal, or assaultive
38523852 12 threats, actions, or other behavior, as determined by
38533853 13 a physician, clinical psychologist, qualified
38543854 14 examiner, school administrator, or law enforcement
38553855 15 official.
38563856 16 "Physician", "clinical psychologist", and "qualified
38573857 17 examiner" have the meanings ascribed to them in the Mental
38583858 18 Health and Developmental Disabilities Code has the meaning
38593859 19 ascribed to it in Section 1.1 of the Firearm Owners
38603860 20 Identification Card Act.
38613861 21 "Determined to pose a clear and present danger to
38623862 22 himself, herself, or to others by a physician, clinical
38633863 23 psychologist, or qualified examiner" means in the
38643864 24 professional opinion of the physician, clinical
38653865 25 psychologist, or qualified examiner, a person poses a
38663866 26 clear and present danger.
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38773877 1 "School administrator" means the person required to
38783878 2 report under the School Administrator Reporting of Mental
38793879 3 Health Clear and Present Danger Determinations Law.
38803880 4 (Source: P.A. 102-538, eff. 8-20-21.)
38813881 5 Section 55. The Lead Poisoning Prevention Act is amended
38823882 6 by changing Section 2 as follows:
38833883 7 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)
38843884 8 Sec. 2. Definitions. As used in this Act:
38853885 9 "Child care facility" means any structure used by a child
38863886 10 care provider licensed by the Department of Children and
38873887 11 Family Services or public or private school structure
38883888 12 frequented by children 6 years of age or younger.
38893889 13 "Childhood Lead Risk Questionnaire" means the
38903890 14 questionnaire developed by the Department for use by
38913891 15 physicians and other health care providers to determine risk
38923892 16 factors for children 6 years of age or younger residing in
38933893 17 areas designated as low risk for lead exposure.
38943894 18 "Delegate agency" means a unit of local government or
38953895 19 health department approved by the Department to carry out the
38963896 20 provisions of this Act.
38973897 21 "Department" means the Department of Public Health.
38983898 22 "Director" means the Director of Public Health.
38993899 23 "Dwelling unit" means an individual unit within a
39003900 24 residential building used as living quarters for one
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39113911 1 household.
39123912 2 "Elevated blood lead level" means a blood lead level in
39133913 3 excess of the limits established under State rules.
39143914 4 "Exposed surface" means any interior or exterior surface
39153915 5 of a regulated facility.
39163916 6 "High risk area" means an area in the State determined by
39173917 7 the Department to be high risk for lead exposure for children 6
39183918 8 years of age or younger. The Department may consider, but is
39193919 9 not limited to, the following factors to determine a high risk
39203920 10 area: age and condition (using Department of Housing and Urban
39213921 11 Development definitions of "slum" and "blighted") of housing,
39223922 12 proximity to highway traffic or heavy local traffic or both,
39233923 13 percentage of housing determined as rental or vacant,
39243924 14 proximity to industry using lead, established incidence of
39253925 15 elevated blood lead levels in children, percentage of
39263926 16 population living below 200% of federal poverty guidelines,
39273927 17 and number of children residing in the area who are 6 years of
39283928 18 age or younger.
39293929 19 "Lead abatement" means any approved work practices that
39303930 20 will permanently eliminate lead exposure or remove the
39313931 21 lead-bearing substances in a regulated facility. The
39323932 22 Department shall establish by rule which work practices are
39333933 23 approved or prohibited for lead abatement.
39343934 24 "Lead abatement contractor" means any person or entity
39353935 25 licensed by the Department to perform lead abatement and
39363936 26 mitigation.
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39473947 1 "Lead abatement supervisor" means any person employed by a
39483948 2 lead abatement contractor and licensed by the Department to
39493949 3 perform lead abatement and lead mitigation and to supervise
39503950 4 lead workers who perform lead abatement and lead mitigation.
39513951 5 "Lead abatement worker" means any person employed by a
39523952 6 lead abatement contractor and licensed by the Department to
39533953 7 perform lead abatement and mitigation.
39543954 8 "Lead activities" means the conduct of any lead services,
39553955 9 including, lead inspection, lead risk assessment, lead
39563956 10 mitigation, or lead abatement work or supervision in a
39573957 11 regulated facility.
39583958 12 "Lead-bearing substance" means any item containing or
39593959 13 coated with lead such that the lead content is more than
39603960 14 six-hundredths of one percent (0.06%) lead by total weight; or
39613961 15 any dust on surfaces or in furniture or other nonpermanent
39623962 16 elements of the regulated facility; or any paint or other
39633963 17 surface coating material containing more than five-tenths of
39643964 18 one percent (0.5%) lead by total weight (calculated as lead
39653965 19 metal) in the total non-volatile content of liquid paint; or
39663966 20 lead-bearing substances containing greater than one milligram
39673967 21 per square centimeter or any lower standard for lead content
39683968 22 in residential paint as may be established by federal law or
39693969 23 rule; or more than 1 milligram per square centimeter in the
39703970 24 dried film of paint or previously applied substance; or item
39713971 25 or dust on item containing lead in excess of the amount
39723972 26 specified in the rules authorized by this Act or a lower
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39833983 1 standard for lead content as may be established by federal law
39843984 2 or rule. "Lead-bearing substance" does not include firearm
39853985 3 ammunition or components as defined by Section 2-7.1 of the
39863986 4 Criminal Code of 2012 the Firearm Owners Identification Card
39873987 5 Act.
39883988 6 "Lead hazard" means a lead-bearing substance that poses an
39893989 7 immediate health hazard to humans.
39903990 8 "Lead hazard screen" means a lead risk assessment that
39913991 9 involves limited dust and paint sampling for lead-bearing
39923992 10 substances and lead hazards. This service is used as a
39933993 11 screening tool designed to determine if further lead
39943994 12 investigative services are required for the regulated
39953995 13 facility.
39963996 14 "Lead inspection" means a surface-by-surface investigation
39973997 15 to determine the presence of lead-based paint.
39983998 16 "Lead inspector" means an individual who has been trained
39993999 17 by a Department-approved training program and is licensed by
40004000 18 the Department to conduct lead inspections; to sample for the
40014001 19 presence of lead in paint, dust, soil, and water; and to
40024002 20 conduct compliance investigations.
40034003 21 "Lead mitigation" means the remediation, in a manner
40044004 22 described in Section 9, of a lead hazard so that the
40054005 23 lead-bearing substance does not pose an immediate health
40064006 24 hazard to humans.
40074007 25 "Lead poisoning" means having an elevated blood lead
40084008 26 level.
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40194019 1 "Lead risk assessment" means an on-site investigation to
40204020 2 determine the existence, nature, severity, and location of
40214021 3 lead hazards. "Lead risk assessment" includes any lead
40224022 4 sampling and visual assessment associated with conducting a
40234023 5 lead risk assessment and lead hazard screen and all lead
40244024 6 sampling associated with compliance investigations.
40254025 7 "Lead risk assessor" means an individual who has been
40264026 8 trained by a Department-approved training program and is
40274027 9 licensed by the Department to conduct lead risk assessments,
40284028 10 lead inspections, and lead hazard screens; to sample for the
40294029 11 presence of lead in paint, dust, soil, water, and sources for
40304030 12 lead-bearing substances; and to conduct compliance
40314031 13 investigations.
40324032 14 "Lead training program provider" means any person
40334033 15 providing Department-approved lead training in Illinois to
40344034 16 individuals seeking licensure in accordance with the Act.
40354035 17 "Low risk area" means an area in the State determined by
40364036 18 the Department to be low risk for lead exposure for children 6
40374037 19 years of age or younger. The Department may consider the
40384038 20 factors named in "high risk area" to determine low risk areas.
40394039 21 "Owner" means any person, who alone, jointly, or severally
40404040 22 with others:
40414041 23 (a) Has legal title to any regulated facility, with or
40424042 24 without actual possession of the regulated facility, or
40434043 25 (b) Has charge, care, or control of the regulated
40444044 26 facility as owner or agent of the owner, or as executor,
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40554055 1 administrator, trustee, or guardian of the estate of the
40564056 2 owner.
40574057 3 "Person" means any individual, partnership, firm, company,
40584058 4 limited liability company, corporation, association, joint
40594059 5 stock company, trust, estate, political subdivision, State
40604060 6 agency, or any other legal entity, or their legal
40614061 7 representative, agent, or assign.
40624062 8 "Regulated facility" means a residential building or child
40634063 9 care facility.
40644064 10 "Residential building" means any room, group of rooms, or
40654065 11 other interior areas of a structure designed or used for human
40664066 12 habitation; common areas accessible by inhabitants; and the
40674067 13 surrounding property or structures.
40684068 14 (Source: P.A. 100-723, eff. 1-1-19.)
40694069 15 (430 ILCS 65/Act rep.)
40704070 16 Section 60. The Firearm Owners Identification Card Act is
40714071 17 repealed.
40724072 18 Section 65. The Firearm Concealed Carry Act is amended by
40734073 19 changing Sections 25, 30, 40, 66, 70, 80, and 105 as follows:
40744074 20 (430 ILCS 66/25)
40754075 21 Sec. 25. Qualifications for a license.
40764076 22 The Illinois State Police shall issue a license to an
40774077 23 applicant completing an application in accordance with Section
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40884088 1 30 of this Act if the person:
40894089 2 (1) is at least 21 years of age;
40904090 3 (2) has a currently valid Firearm Owner's
40914091 4 Identification Card and at the time of application meets
40924092 5 the requirements for the issuance of a Firearm Owner's
40934093 6 Identification Card and is not prohibited under State the
40944094 7 Firearm Owners Identification Card Act or federal law from
40954095 8 possessing or receiving a firearm;
40964096 9 (3) has not been convicted or found guilty in this
40974097 10 State or in any other state of:
40984098 11 (A) a misdemeanor involving the use or threat of
40994099 12 physical force or violence to any person within the 5
41004100 13 years preceding the date of the license application;
41014101 14 or
41024102 15 (B) 2 or more violations related to driving while
41034103 16 under the influence of alcohol, other drug or drugs,
41044104 17 intoxicating compound or compounds, or any combination
41054105 18 thereof, within the 5 years preceding the date of the
41064106 19 license application;
41074107 20 (4) is not the subject of a pending arrest warrant,
41084108 21 prosecution, or proceeding for an offense or action that
41094109 22 could lead to disqualification to own or possess a
41104110 23 firearm;
41114111 24 (5) has not been in residential or court-ordered
41124112 25 treatment for alcoholism, alcohol detoxification, or drug
41134113 26 treatment within the 5 years immediately preceding the
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41244124 1 date of the license application; and
41254125 2 (6) has completed firearms training and any education
41264126 3 component required under Section 75 of this Act.
41274127 4 (Source: P.A. 102-538, eff. 8-20-21.)
41284128 5 (430 ILCS 66/30)
41294129 6 Sec. 30. Contents of license application.
41304130 7 (a) The license application shall be in writing, under
41314131 8 penalty of perjury, on a standard form adopted by the Illinois
41324132 9 State Police and shall be accompanied by the documentation
41334133 10 required in this Section and the applicable fee. Each
41344134 11 application form shall include the following statement printed
41354135 12 in bold type: "Warning: Entering false information on this
41364136 13 form is punishable as perjury under Section 32-2 of the
41374137 14 Criminal Code of 2012."
41384138 15 (b) The application shall contain the following:
41394139 16 (1) the applicant's name, current address, date and
41404140 17 year of birth, place of birth, height, weight, hair color,
41414141 18 eye color, maiden name or any other name the applicant has
41424142 19 used or identified with, and any address where the
41434143 20 applicant resided for more than 30 days within the 10
41444144 21 years preceding the date of the license application;
41454145 22 (2) the applicant's valid driver's license number or
41464146 23 valid state identification card number;
41474147 24 (3) a waiver of the applicant's privacy and
41484148 25 confidentiality rights and privileges under all federal
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41594159 1 and state laws, including those limiting access to
41604160 2 juvenile court, criminal justice, psychological, or
41614161 3 psychiatric records or records relating to any
41624162 4 institutionalization of the applicant, and an affirmative
41634163 5 request that a person having custody of any of these
41644164 6 records provide it or information concerning it to the
41654165 7 Illinois State Police. The waiver only applies to records
41664166 8 sought in connection with determining whether the
41674167 9 applicant qualifies for a license to carry a concealed
41684168 10 firearm under this Act, or whether the applicant remains
41694169 11 in compliance with the Firearm Owners Identification Card
41704170 12 Act;
41714171 13 (4) an affirmation that the applicant is not
41724172 14 prohibited under State or federal law from possessing or
41734173 15 receiving a firearm possesses a currently valid Firearm
41744174 16 Owner's Identification Card and card number if possessed
41754175 17 or notice the applicant is applying for a Firearm Owner's
41764176 18 Identification Card in conjunction with the license
41774177 19 application;
41784178 20 (5) an affirmation that the applicant has not been
41794179 21 convicted or found guilty of:
41804180 22 (A) a felony;
41814181 23 (B) a misdemeanor involving the use or threat of
41824182 24 physical force or violence to any person within the 5
41834183 25 years preceding the date of the application; or
41844184 26 (C) 2 or more violations related to driving while
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41954195 1 under the influence of alcohol, other drug or drugs,
41964196 2 intoxicating compound or compounds, or any combination
41974197 3 thereof, within the 5 years preceding the date of the
41984198 4 license application;
41994199 5 (6) whether the applicant has failed a drug test for a
42004200 6 drug for which the applicant did not have a prescription,
42014201 7 within the previous year, and if so, the provider of the
42024202 8 test, the specific substance involved, and the date of the
42034203 9 test;
42044204 10 (7) written consent for the Illinois State Police to
42054205 11 review and use the applicant's Illinois digital driver's
42064206 12 license or Illinois identification card photograph and
42074207 13 signature;
42084208 14 (8) unless submitted under subsection (a-25) of
42094209 15 Section 4 of the Firearm Owners Identification Card Act, a
42104210 16 full set of fingerprints submitted to the Illinois State
42114211 17 Police in electronic format, provided the Illinois State
42124212 18 Police may accept an application submitted without a set
42134213 19 of fingerprints, in which case the Illinois State Police
42144214 20 shall be granted 30 days in addition to the 90 days
42154215 21 provided under subsection (e) of Section 10 of this Act to
42164216 22 issue or deny a license;
42174217 23 (9) a head and shoulder color photograph in a size
42184218 24 specified by the Illinois State Police taken within the 30
42194219 25 days preceding the date of the license application; and
42204220 26 (10) a photocopy of any certificates or other evidence
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42314231 1 of compliance with the training requirements under this
42324232 2 Act.
42334233 3 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
42344234 4 102-813, eff. 5-13-22.)
42354235 5 (430 ILCS 66/40)
42364236 6 Sec. 40. Non-resident license applications.
42374237 7 (a) For the purposes of this Section, "non-resident" means
42384238 8 a person who has not resided within this State for more than 30
42394239 9 days and resides in another state or territory.
42404240 10 (b) The Illinois State Police shall by rule allow for
42414241 11 non-resident license applications from any state or territory
42424242 12 of the United States with laws related to firearm ownership,
42434243 13 possession, and carrying, that are substantially similar to
42444244 14 the requirements to obtain a license under this Act.
42454245 15 (c) A resident of a state or territory approved by the
42464246 16 Illinois State Police under subsection (b) of this Section may
42474247 17 apply for a non-resident license. The applicant shall apply to
42484248 18 the Illinois State Police and must meet all of the
42494249 19 qualifications established in Section 25 of this Act, except
42504250 20 for the Illinois residency requirement in item (xiv) of
42514251 21 paragraph (2) of subsection (a) of Section 4 of the Firearm
42524252 22 Owners Identification Card Act. The applicant shall submit:
42534253 23 (1) the application and documentation required under
42544254 24 Section 30 of this Act and the applicable fee;
42554255 25 (2) a notarized document stating that the applicant:
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42664266 1 (A) is eligible under federal law and the laws of
42674267 2 his or her state or territory of residence to own or
42684268 3 possess a firearm;
42694269 4 (B) if applicable, has a license or permit to
42704270 5 carry a firearm or concealed firearm issued by his or
42714271 6 her state or territory of residence and attach a copy
42724272 7 of the license or permit to the application;
42734273 8 (C) understands Illinois laws pertaining to the
42744274 9 possession and transport of firearms; and
42754275 10 (D) acknowledges that the applicant is subject to
42764276 11 the jurisdiction of the Illinois State Police and
42774277 12 Illinois courts for any violation of this Act;
42784278 13 (3) a photocopy of any certificates or other evidence
42794279 14 of compliance with the training requirements under Section
42804280 15 75 of this Act; and
42814281 16 (4) a head and shoulder color photograph in a size
42824282 17 specified by the Illinois State Police taken within the 30
42834283 18 days preceding the date of the application.
42844284 19 (d) In lieu of an Illinois driver's license or Illinois
42854285 20 identification card, a non-resident applicant shall provide
42864286 21 similar documentation from his or her state or territory of
42874287 22 residence. The applicant shall submit In lieu of a valid
42884288 23 Firearm Owner's Identification Card, the applicant shall
42894289 24 submit documentation and information required by the Illinois
42904290 25 State Police to obtain a Firearm Owner's Identification Card,
42914291 26 including an affidavit that the non-resident meets the mental
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43024302 1 health standards to obtain a firearm under Illinois law, and
43034303 2 the Illinois State Police shall ensure that the applicant
43044304 3 would meet the eligibility criteria under State law to possess
43054305 4 a firearm to obtain a Firearm Owner's Identification card if
43064306 5 he or she was a resident of this State.
43074307 6 (e) Nothing in this Act shall prohibit a non-resident from
43084308 7 transporting a concealed firearm within his or her vehicle in
43094309 8 Illinois, if the concealed firearm remains within his or her
43104310 9 vehicle and the non-resident:
43114311 10 (1) is not prohibited from owning or possessing a
43124312 11 firearm under federal law;
43134313 12 (2) is eligible to carry a firearm in public under the
43144314 13 laws of his or her state or territory of residence, as
43154315 14 evidenced by the possession of a concealed carry license
43164316 15 or permit issued by his or her state of residence, if
43174317 16 applicable; and
43184318 17 (3) is not in possession of a license under this Act.
43194319 18 If the non-resident leaves his or her vehicle unattended,
43204320 19 he or she shall store the firearm within a locked vehicle or
43214321 20 locked container within the vehicle in accordance with
43224322 21 subsection (b) of Section 65 of this Act.
43234323 22 (Source: P.A. 102-538, eff. 8-20-21.)
43244324 23 (430 ILCS 66/66)
43254325 24 Sec. 66. Illinois State Police to monitor databases for
43264326 25 firearms prohibitors. The Illinois State Police shall
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43374337 1 continuously monitor relevant State and federal databases for
43384338 2 firearms prohibitors and correlate those records with
43394339 3 concealed carry license holders to ensure compliance with this
43404340 4 Act and any other State and federal laws. As used in this
43414341 5 Section, "firearms prohibitor" means any factor listed in
43424342 6 Section 8 or Section 8.2 of the Firearm Owners Identification
43434343 7 Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012
43444344 8 that prohibits a person from transferring or possessing a
43454345 9 firearm, firearm ammunition, Firearm Owner's Identification
43464346 10 Card, or concealed carry license.
43474347 11 (Source: P.A. 102-237, eff. 1-1-22.)
43484348 12 (430 ILCS 66/70)
43494349 13 Sec. 70. Violations.
43504350 14 (a) A license issued or renewed under this Act shall be
43514351 15 revoked if, at any time, the licensee is found to be ineligible
43524352 16 for a license under this Act or the licensee is prohibited from
43534353 17 possessing a firearm under State or federal law no longer
43544354 18 meets the eligibility requirements of the Firearm Owners
43554355 19 Identification Card Act.
43564356 20 (b) A license shall be suspended if an order of
43574357 21 protection, including an emergency order of protection,
43584358 22 plenary order of protection, or interim order of protection
43594359 23 under Article 112A of the Code of Criminal Procedure of 1963 or
43604360 24 under the Illinois Domestic Violence Act of 1986, or if a
43614361 25 firearms restraining order, including an emergency firearms
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43724372 1 restraining order, under the Firearms Restraining Order Act,
43734373 2 is issued against a licensee for the duration of the order, or
43744374 3 if the Illinois State Police is made aware of a similar order
43754375 4 issued against the licensee in any other jurisdiction. If an
43764376 5 order of protection is issued against a licensee, the licensee
43774377 6 shall surrender the license, as applicable, to the court at
43784378 7 the time the order is entered or to the law enforcement agency
43794379 8 or entity serving process at the time the licensee is served
43804380 9 the order. The court, law enforcement agency, or entity
43814381 10 responsible for serving the order of protection shall notify
43824382 11 the Illinois State Police within 7 days and transmit the
43834383 12 license to the Illinois State Police.
43844384 13 (c) A license is invalid upon expiration of the license,
43854385 14 unless the licensee has submitted an application to renew the
43864386 15 license, and the applicant is otherwise eligible to possess a
43874387 16 license under this Act.
43884388 17 (d) A licensee shall not carry a concealed firearm while
43894389 18 under the influence of alcohol, other drug or drugs,
43904390 19 intoxicating compound or combination of compounds, or any
43914391 20 combination thereof, under the standards set forth in
43924392 21 subsection (a) of Section 11-501 of the Illinois Vehicle Code.
43934393 22 A licensee in violation of this subsection (d) shall be
43944394 23 guilty of a Class A misdemeanor for a first or second violation
43954395 24 and a Class 4 felony for a third violation. The Illinois State
43964396 25 Police may suspend a license for up to 6 months for a second
43974397 26 violation and shall permanently revoke a license for a third
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44084408 1 violation.
44094409 2 (e) Except as otherwise provided, a licensee in violation
44104410 3 of this Act shall be guilty of a Class B misdemeanor. A second
44114411 4 or subsequent violation is a Class A misdemeanor. The Illinois
44124412 5 State Police may suspend a license for up to 6 months for a
44134413 6 second violation and shall permanently revoke a license for 3
44144414 7 or more violations of Section 65 of this Act. Any person
44154415 8 convicted of a violation under this Section shall pay a $150
44164416 9 fee to be deposited into the Mental Health Reporting Fund,
44174417 10 plus any applicable court costs or fees.
44184418 11 (f) A licensee convicted or found guilty of a violation of
44194419 12 this Act who has a valid license and is otherwise eligible to
44204420 13 carry a concealed firearm shall only be subject to the
44214421 14 penalties under this Section and shall not be subject to the
44224422 15 penalties under Section 21-6, paragraph (4), (8), or (10) of
44234423 16 subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
44244424 17 of paragraph (3) of subsection (a) of Section 24-1.6 of the
44254425 18 Criminal Code of 2012. Except as otherwise provided in this
44264426 19 subsection, nothing in this subsection prohibits the licensee
44274427 20 from being subjected to penalties for violations other than
44284428 21 those specified in this Act.
44294429 22 (g) A licensee whose license is revoked, suspended, or
44304430 23 denied shall, within 48 hours of receiving notice of the
44314431 24 revocation, suspension, or denial, surrender his or her
44324432 25 concealed carry license to the local law enforcement agency
44334433 26 where the person resides. The local law enforcement agency
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44444444 1 shall provide the licensee a receipt and transmit the
44454445 2 concealed carry license to the Illinois State Police. If the
44464446 3 licensee whose concealed carry license has been revoked,
44474447 4 suspended, or denied fails to comply with the requirements of
44484448 5 this subsection, the law enforcement agency where the person
44494449 6 resides may petition the circuit court to issue a warrant to
44504450 7 search for and seize the concealed carry license in the
44514451 8 possession and under the custody or control of the licensee
44524452 9 whose concealed carry license has been revoked, suspended, or
44534453 10 denied. The observation of a concealed carry license in the
44544454 11 possession of a person whose license has been revoked,
44554455 12 suspended, or denied constitutes a sufficient basis for the
44564456 13 arrest of that person for violation of this subsection. A
44574457 14 violation of this subsection is a Class A misdemeanor.
44584458 15 (h) (Blank). Except as otherwise provided in subsection
44594459 16 (h-5), a license issued or renewed under this Act shall be
44604460 17 revoked if, at any time, the licensee is found ineligible for a
44614461 18 Firearm Owner's Identification Card, or the licensee no longer
44624462 19 possesses a valid Firearm Owner's Identification Card. If the
44634463 20 Firearm Owner's Identification Card is expired or suspended
44644464 21 rather than denied or revoked, the license may be suspended
44654465 22 for a period of up to one year to allow the licensee to
44664466 23 reinstate his or her Firearm Owner's Identification Card. The
44674467 24 Illinois State Police shall adopt rules to enforce this
44684468 25 subsection. A licensee whose license is revoked under this
44694469 26 subsection (h) shall surrender his or her concealed carry
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44804480 1 license as provided for in subsection (g) of this Section.
44814481 2 This subsection shall not apply to a person who has filed
44824482 3 an application with the Illinois State Police for renewal of a
44834483 4 Firearm Owner's Identification Card and who is not otherwise
44844484 5 ineligible to obtain a Firearm Owner's Identification Card.
44854485 6 (h-5) (Blank). If the Firearm Owner's Identification Card
44864486 7 of a licensee under this Act expires during the term of the
44874487 8 license issued under this Act, the license and the Firearm
44884488 9 Owner's Identification Card remain valid, and the Illinois
44894489 10 State Police may automatically renew the licensee's Firearm
44904490 11 Owner's Identification Card as provided in subsection (c) of
44914491 12 Section 5 of the Firearm Owners Identification Card Act.
44924492 13 (i) A certified firearms instructor who knowingly provides
44934493 14 or offers to provide a false certification that an applicant
44944494 15 has completed firearms training as required under this Act is
44954495 16 guilty of a Class A misdemeanor. A person guilty of a violation
44964496 17 of this subsection (i) is not eligible for court supervision.
44974497 18 The Illinois State Police shall permanently revoke the
44984498 19 firearms instructor certification of a person convicted under
44994499 20 this subsection (i).
45004500 21 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
45014501 22 102-813, eff. 5-13-22.)
45024502 23 (430 ILCS 66/80)
45034503 24 Sec. 80. Certified firearms instructors.
45044504 25 (a) Within 60 days of the effective date of this Act, the
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45154515 1 Illinois State Police shall begin approval of certified
45164516 2 firearms instructors and enter certified firearms instructors
45174517 3 into an online registry on the Illinois State Police's
45184518 4 website.
45194519 5 (b) A person who is not a certified firearms instructor
45204520 6 shall not teach applicant training courses or advertise or
45214521 7 otherwise represent courses they teach as qualifying their
45224522 8 students to meet the requirements to receive a license under
45234523 9 this Act. Each violation of this subsection is a business
45244524 10 offense with a fine of at least $1,000 per violation.
45254525 11 (c) A person seeking to become a certified firearms
45264526 12 instructor shall:
45274527 13 (1) be at least 21 years of age;
45284528 14 (2) be a legal resident of the United States; and
45294529 15 (3) meet the requirements of Section 25 of this Act,
45304530 16 except for the Illinois residency requirement in item
45314531 17 (xiv) of paragraph (2) of subsection (a) of Section 4 of
45324532 18 the Firearm Owners Identification Card Act; and any
45334533 19 additional uniformly applied requirements established by
45344534 20 the Illinois State Police.
45354535 21 (d) A person seeking to become a certified firearms
45364536 22 instructor, in addition to the requirements of subsection (c)
45374537 23 of this Section, shall:
45384538 24 (1) possess a high school diploma or State of Illinois
45394539 25 High School Diploma; and
45404540 26 (2) have at least one of the following valid firearms
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45514551 1 instructor certifications:
45524552 2 (A) certification from a law enforcement agency;
45534553 3 (B) certification from a firearm instructor course
45544554 4 offered by a State or federal governmental agency;
45554555 5 (C) certification from a firearm instructor
45564556 6 qualification course offered by the Illinois Law
45574557 7 Enforcement Training Standards Board; or
45584558 8 (D) certification from an entity approved by the
45594559 9 Illinois State Police that offers firearm instructor
45604560 10 education and training in the use and safety of
45614561 11 firearms.
45624562 12 (e) A person may have his or her firearms instructor
45634563 13 certification denied or revoked if he or she does not meet the
45644564 14 requirements to obtain a license under this Act, provides
45654565 15 false or misleading information to the Illinois State Police,
45664566 16 or has had a prior instructor certification revoked or denied
45674567 17 by the Illinois State Police.
45684568 18 (Source: P.A. 102-538, eff. 8-20-21; 102-1100, eff. 1-1-23.)
45694569 19 (430 ILCS 66/105)
45704570 20 Sec. 105. Duty of school administrator. It is the duty of
45714571 21 the principal of a public elementary or secondary school, or
45724572 22 his or her designee, and the chief administrative officer of a
45734573 23 private elementary or secondary school or a public or private
45744574 24 community college, college, or university, or his or her
45754575 25 designee, to report to the Illinois State Police when a
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45864586 1 student is determined to pose a clear and present danger to
45874587 2 himself, herself, or to others, within 24 hours of the
45884588 3 determination as provided in Section 6-103.3 of the Mental
45894589 4 Health and Developmental Disabilities Code. "Clear and present
45904590 5 danger" has the meaning as provided in paragraph (2) of the
45914591 6 definition of "clear and present danger" in Section 6-103.3 of
45924592 7 the Mental Health and Developmental Disabilities Code 1.1 of
45934593 8 the Firearm Owners Identification Card Act.
45944594 9 (Source: P.A. 102-538, eff. 8-20-21.)
45954595 10 Section 66. The Firearms Restraining Order Act is amended
45964596 11 by changing Sections 35 and 40 as follows:
45974597 12 (430 ILCS 67/35)
45984598 13 Sec. 35. Ex parte orders and emergency hearings.
45994599 14 (a) A petitioner may request an emergency firearms
46004600 15 restraining order by filing an affidavit or verified pleading
46014601 16 alleging that the respondent poses an immediate and present
46024602 17 danger of causing personal injury to himself, herself, or
46034603 18 another by having in his or her custody or control,
46044604 19 purchasing, possessing, or receiving a firearm, ammunition, or
46054605 20 firearm parts that could be assembled to make an operable
46064606 21 firearm. The petition shall also describe the type and
46074607 22 location of any firearm or firearms, ammunition, or firearm
46084608 23 parts that could be assembled to make an operable firearm
46094609 24 presently believed by the petitioner to be possessed or
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46204620 1 controlled by the respondent.
46214621 2 (b) If the respondent is alleged to pose an immediate and
46224622 3 present danger of causing personal injury to an intimate
46234623 4 partner, or an intimate partner is alleged to have been the
46244624 5 target of a threat or act of violence by the respondent, the
46254625 6 petitioner shall make a good faith effort to provide notice to
46264626 7 any and all intimate partners of the respondent. The notice
46274627 8 must include that the petitioner intends to petition the court
46284628 9 for an emergency firearms restraining order, and, if the
46294629 10 petitioner is a law enforcement officer, referral to relevant
46304630 11 domestic violence or stalking advocacy or counseling
46314631 12 resources, if appropriate. The petitioner shall attest to
46324632 13 having provided the notice in the filed affidavit or verified
46334633 14 pleading. If, after making a good faith effort, the petitioner
46344634 15 is unable to provide notice to any or all intimate partners,
46354635 16 the affidavit or verified pleading should describe what
46364636 17 efforts were made.
46374637 18 (c) Every person who files a petition for an emergency
46384638 19 firearms restraining order, knowing the information provided
46394639 20 to the court at any hearing or in the affidavit or verified
46404640 21 pleading to be false, is guilty of perjury under Section 32-2
46414641 22 of the Criminal Code of 2012.
46424642 23 (d) An emergency firearms restraining order shall be
46434643 24 issued on an ex parte basis, that is, without notice to the
46444644 25 respondent.
46454645 26 (e) An emergency hearing held on an ex parte basis shall be
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46564656 1 held the same day that the petition is filed or the next day
46574657 2 that the court is in session.
46584658 3 (f) If a circuit or associate judge finds probable cause
46594659 4 to believe that the respondent poses an immediate and present
46604660 5 danger of causing personal injury to himself, herself, or
46614661 6 another by having in his or her custody or control,
46624662 7 purchasing, possessing, or receiving a firearm, ammunition, or
46634663 8 firearm parts that could be assembled to make an operable
46644664 9 firearm, the circuit or associate judge shall issue an
46654665 10 emergency order.
46664666 11 (f-5) If the court issues an emergency firearms
46674667 12 restraining order, it shall, upon a finding of probable cause
46684668 13 that the respondent possesses firearms, ammunition, or firearm
46694669 14 parts that could be assembled to make an operable firearm,
46704670 15 issue a search warrant directing a law enforcement agency to
46714671 16 seize the respondent's firearms, ammunition, and firearm parts
46724672 17 that could be assembled to make an operable firearm. The court
46734673 18 may, as part of that warrant, direct the law enforcement
46744674 19 agency to search the respondent's residence and other places
46754675 20 where the court finds there is probable cause to believe he or
46764676 21 she is likely to possess the firearms, ammunition, or firearm
46774677 22 parts that could be assembled to make an operable firearm. A
46784678 23 return of the search warrant shall be filed by the law
46794679 24 enforcement agency within 4 days thereafter, setting forth the
46804680 25 time, date, and location that the search warrant was executed
46814681 26 and what items, if any, were seized.
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46924692 1 (g) An emergency firearms restraining order shall require:
46934693 2 (1) the respondent to refrain from having in his or
46944694 3 her custody or control, purchasing, possessing, or
46954695 4 receiving additional firearms, ammunition, or firearm
46964696 5 parts that could be assembled to make an operable firearm,
46974697 6 or removing firearm parts that could be assembled to make
46984698 7 an operable firearm for the duration of the order under
46994699 8 Section 8.2 of the Firearm Owners Identification Card Act;
47004700 9 and
47014701 10 (2) the respondent to comply with Section 9.5 of the
47024702 11 Firearm Owners Identification Card Act and subsection (g)
47034703 12 of Section 70 of the Firearm Concealed Carry Act.
47044704 13 (h) Except as otherwise provided in subsection (h-5) of
47054705 14 this Section, upon expiration of the period of safekeeping, if
47064706 15 the firearms, ammunition, and firearm parts that could be
47074707 16 assembled to make an operable firearm or Firearm Owner's
47084708 17 Identification Card and concealed carry license cannot be
47094709 18 returned to the respondent because the respondent cannot be
47104710 19 located, fails to respond to requests to retrieve the
47114711 20 firearms, or is not lawfully eligible to possess a firearm,
47124712 21 ammunition, or firearm parts that could be assembled to make
47134713 22 an operable firearm, upon petition from the local law
47144714 23 enforcement agency, the court may order the local law
47154715 24 enforcement agency to destroy the firearms, ammunition, and
47164716 25 firearm parts that could be assembled to make an operable
47174717 26 firearm, use the firearms, ammunition, and firearm parts that
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47284728 1 could be assembled to make an operable firearm for training
47294729 2 purposes, or use the firearms, ammunition, and firearm parts
47304730 3 that could be assembled to make an operable firearm for any
47314731 4 other application as deemed appropriate by the local law
47324732 5 enforcement agency.
47334733 6 (h-5) On or before January 1, 2022, a respondent whose
47344734 7 firearms have been turned over to a local law enforcement
47354735 8 agency Firearm Owner's Identification Card has been revoked or
47364736 9 suspended may petition the court, if the petitioner is present
47374737 10 in court or has notice of the respondent's petition, to
47384738 11 transfer the respondent's firearm, ammunition, and firearm
47394739 12 parts that could be assembled to make an operable firearm to a
47404740 13 person who is lawfully able to possess the firearm,
47414741 14 ammunition, and firearm parts that could be assembled to make
47424742 15 an operable firearm if the person does not reside at the same
47434743 16 address as the respondent. Notice of the petition shall be
47444744 17 served upon the person protected by the emergency firearms
47454745 18 restraining order. While the order is in effect, the
47464746 19 transferee who receives the respondent's firearms, ammunition,
47474747 20 and firearm parts that could be assembled to make an operable
47484748 21 firearm must swear or affirm by affidavit that he or she shall
47494749 22 not transfer the firearm, ammunition, and firearm parts that
47504750 23 could be assembled to make an operable firearm to the
47514751 24 respondent or to anyone residing in the same residence as the
47524752 25 respondent.
47534753 26 (h-6) If a person other than the respondent claims title
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47644764 1 to any firearms, ammunition, and firearm parts that could be
47654765 2 assembled to make an operable firearm surrendered under this
47664766 3 Section, he or she may petition the court, if the petitioner is
47674767 4 present in court or has notice of the petition, to have the
47684768 5 firearm, ammunition, and firearm parts that could be assembled
47694769 6 to make an operable firearm returned to him or her. If the
47704770 7 court determines that person to be the lawful owner of the
47714771 8 firearm, ammunition, and firearm parts that could be assembled
47724772 9 to make an operable firearm, the firearm, ammunition, and
47734773 10 firearm parts that could be assembled to make an operable
47744774 11 firearm shall be returned to him or her, provided that:
47754775 12 (1) the firearm, ammunition, and firearm parts that
47764776 13 could be assembled to make an operable firearm are removed
47774777 14 from the respondent's custody, control, or possession and
47784778 15 the lawful owner agrees to store the firearm, ammunition,
47794779 16 and firearm parts that could be assembled to make an
47804780 17 operable firearm in a manner such that the respondent does
47814781 18 not have access to or control of the firearm, ammunition,
47824782 19 and firearm parts that could be assembled to make an
47834783 20 operable firearm; and
47844784 21 (2) the firearm, ammunition, and firearm parts that
47854785 22 could be assembled to make an operable firearm are not
47864786 23 otherwise unlawfully possessed by the owner.
47874787 24 The person petitioning for the return of his or her
47884788 25 firearm, ammunition, and firearm parts that could be assembled
47894789 26 to make an operable firearm must swear or affirm by affidavit
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48004800 1 that he or she: (i) is the lawful owner of the firearm,
48014801 2 ammunition, and firearm parts that could be assembled to make
48024802 3 an operable firearm; (ii) shall not transfer the firearm,
48034803 4 ammunition, and firearm parts that could be assembled to make
48044804 5 an operable firearm to the respondent; and (iii) will store
48054805 6 the firearm, ammunition, and firearm parts that could be
48064806 7 assembled to make an operable firearm in a manner that the
48074807 8 respondent does not have access to or control of the firearm,
48084808 9 ammunition, and firearm parts that could be assembled to make
48094809 10 an operable firearm.
48104810 11 (i) In accordance with subsection (e) of this Section, the
48114811 12 court shall schedule a full hearing as soon as possible, but no
48124812 13 longer than 14 days from the issuance of an ex parte firearms
48134813 14 restraining order, to determine if a 6-month firearms
48144814 15 restraining order shall be issued. The court may extend an ex
48154815 16 parte order as needed, but not to exceed 14 days, to effectuate
48164816 17 service of the order or if necessary to continue protection.
48174817 18 The court may extend the order for a greater length of time by
48184818 19 mutual agreement of the parties.
48194819 20 (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
48204820 21 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
48214821 22 5-13-22.)
48224822 23 (430 ILCS 67/40)
48234823 24 Sec. 40. Plenary orders.
48244824 25 (a) A petitioner may request a firearms restraining order
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48354835 1 for up to one year by filing an affidavit or verified pleading
48364836 2 alleging that the respondent poses a significant danger of
48374837 3 causing personal injury to himself, herself, or another in the
48384838 4 near future by having in his or her custody or control,
48394839 5 purchasing, possessing, or receiving a firearm, ammunition,
48404840 6 and firearm parts that could be assembled to make an operable
48414841 7 firearm. The petition shall also describe the number, types,
48424842 8 and locations of any firearms, ammunition, and firearm parts
48434843 9 that could be assembled to make an operable firearm presently
48444844 10 believed by the petitioner to be possessed or controlled by
48454845 11 the respondent. The firearms restraining order may be renewed
48464846 12 for an additional period of up to one year in accordance with
48474847 13 Section 45 of this Act.
48484848 14 (b) If the respondent is alleged to pose a significant
48494849 15 danger of causing personal injury to an intimate partner, or
48504850 16 an intimate partner is alleged to have been the target of a
48514851 17 threat or act of violence by the respondent, the petitioner
48524852 18 shall make a good faith effort to provide notice to any and all
48534853 19 intimate partners of the respondent. The notice must include
48544854 20 the duration of time that the petitioner intends to petition
48554855 21 the court for a firearms restraining order, and, if the
48564856 22 petitioner is a law enforcement officer, referral to relevant
48574857 23 domestic violence or stalking advocacy or counseling
48584858 24 resources, if appropriate. The petitioner shall attest to
48594859 25 having provided the notice in the filed affidavit or verified
48604860 26 pleading. If, after making a good faith effort, the petitioner
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48714871 1 is unable to provide notice to any or all intimate partners,
48724872 2 the affidavit or verified pleading should describe what
48734873 3 efforts were made.
48744874 4 (c) Every person who files a petition for a plenary
48754875 5 firearms restraining order, knowing the information provided
48764876 6 to the court at any hearing or in the affidavit or verified
48774877 7 pleading to be false, is guilty of perjury under Section 32-2
48784878 8 of the Criminal Code of 2012.
48794879 9 (d) Upon receipt of a petition for a plenary firearms
48804880 10 restraining order, the court shall order a hearing within 30
48814881 11 days.
48824882 12 (e) In determining whether to issue a firearms restraining
48834883 13 order under this Section, the court shall consider evidence
48844884 14 including, but not limited to, the following:
48854885 15 (1) The unlawful and reckless use, display, or
48864886 16 brandishing of a firearm, ammunition, and firearm parts
48874887 17 that could be assembled to make an operable firearm by the
48884888 18 respondent.
48894889 19 (2) The history of use, attempted use, or threatened
48904890 20 use of physical force by the respondent against another
48914891 21 person.
48924892 22 (3) Any prior arrest of the respondent for a felony
48934893 23 offense.
48944894 24 (4) Evidence of the abuse of controlled substances or
48954895 25 alcohol by the respondent.
48964896 26 (5) A recent threat of violence or act of violence by
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49074907 1 the respondent directed toward himself, herself, or
49084908 2 another.
49094909 3 (6) A violation of an emergency order of protection
49104910 4 issued under Section 217 of the Illinois Domestic Violence
49114911 5 Act of 1986 or Section 112A-17 of the Code of Criminal
49124912 6 Procedure of 1963 or of an order of protection issued
49134913 7 under Section 214 of the Illinois Domestic Violence Act of
49144914 8 1986 or Section 112A-14 of the Code of Criminal Procedure
49154915 9 of 1963.
49164916 10 (7) A pattern of violent acts or violent threats,
49174917 11 including, but not limited to, threats of violence or acts
49184918 12 of violence by the respondent directed toward himself,
49194919 13 herself, or another.
49204920 14 (f) At the hearing, the petitioner shall have the burden
49214921 15 of proving, by clear and convincing evidence, that the
49224922 16 respondent poses a significant danger of personal injury to
49234923 17 himself, herself, or another by having in his or her custody or
49244924 18 control, purchasing, possessing, or receiving a firearm,
49254925 19 ammunition, and firearm parts that could be assembled to make
49264926 20 an operable firearm.
49274927 21 (g) If the court finds that there is clear and convincing
49284928 22 evidence to issue a plenary firearms restraining order, the
49294929 23 court shall issue a firearms restraining order that shall be
49304930 24 in effect for up to one year, but not less than 6 months,
49314931 25 subject to renewal under Section 45 of this Act or termination
49324932 26 under that Section.
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49434943 1 (g-5) If the court issues a plenary firearms restraining
49444944 2 order, it shall, upon a finding of probable cause that the
49454945 3 respondent possesses firearms, ammunition, and firearm parts
49464946 4 that could be assembled to make an operable firearm, issue a
49474947 5 search warrant directing a law enforcement agency to seize the
49484948 6 respondent's firearms, ammunition, and firearm parts that
49494949 7 could be assembled to make an operable firearm. The court may,
49504950 8 as part of that warrant, direct the law enforcement agency to
49514951 9 search the respondent's residence and other places where the
49524952 10 court finds there is probable cause to believe he or she is
49534953 11 likely to possess the firearms, ammunition, and firearm parts
49544954 12 that could be assembled to make an operable firearm. A return
49554955 13 of the search warrant shall be filed by the law enforcement
49564956 14 agency within 4 days thereafter, setting forth the time, date,
49574957 15 and location that the search warrant was executed and what
49584958 16 items, if any, were seized.
49594959 17 (h) A plenary firearms restraining order shall require:
49604960 18 (1) the respondent to refrain from having in his or
49614961 19 her custody or control, purchasing, possessing, or
49624962 20 receiving additional firearms, ammunition, and firearm
49634963 21 parts that could be assembled to make an operable firearm
49644964 22 for the duration of the order under Section 8.2 of the
49654965 23 Firearm Owners Identification Card Act; and
49664966 24 (2) the respondent to comply with Section 9.5 of the
49674967 25 Firearm Owners Identification Card Act and subsection (g)
49684968 26 of Section 70 of the Firearm Concealed Carry Act.
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49794979 1 (i) Except as otherwise provided in subsection (i-5) of
49804980 2 this Section, upon expiration of the period of safekeeping, if
49814981 3 the firearms, ammunition, and firearm parts that could be
49824982 4 assembled to make an operable firearm or Firearm Owner's
49834983 5 Identification Card cannot be returned to the respondent
49844984 6 because the respondent cannot be located, fails to respond to
49854985 7 requests to retrieve the firearms, ammunition, and firearm
49864986 8 parts that could be assembled to make an operable firearm, or
49874987 9 is not lawfully eligible to possess a firearm, ammunition, and
49884988 10 firearm parts that could be assembled to make an operable
49894989 11 firearm, upon petition from the local law enforcement agency,
49904990 12 the court may order the local law enforcement agency to
49914991 13 destroy the firearms, ammunition, and firearm parts that could
49924992 14 be assembled to make an operable firearm, use the firearms,
49934993 15 ammunition, and firearm parts that could be assembled to make
49944994 16 an operable firearm for training purposes, or use the
49954995 17 firearms, ammunition, and firearm parts that could be
49964996 18 assembled to make an operable firearm for any other
49974997 19 application as deemed appropriate by the local law enforcement
49984998 20 agency.
49994999 21 (i-5) A respondent whose firearms have been turned over to
50005000 22 a local law enforcement agency Firearm Owner's Identification
50015001 23 Card has been revoked or suspended may petition the court, if
50025002 24 the petitioner is present in court or has notice of the
50035003 25 respondent's petition, to transfer the respondent's firearm,
50045004 26 ammunition, and firearm parts that could be assembled to make
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50155015 1 an operable firearm to a person who is lawfully able to possess
50165016 2 the firearm, ammunition, and firearm parts that could be
50175017 3 assembled to make an operable firearm if the person does not
50185018 4 reside at the same address as the respondent. Notice of the
50195019 5 petition shall be served upon the person protected by the
50205020 6 emergency firearms restraining order. While the order is in
50215021 7 effect, the transferee who receives the respondent's firearms,
50225022 8 ammunition, and firearm parts that could be assembled to make
50235023 9 an operable firearm must swear or affirm by affidavit that he
50245024 10 or she shall not transfer the firearm, ammunition, and firearm
50255025 11 parts that could be assembled to make an operable firearm to
50265026 12 the respondent or to anyone residing in the same residence as
50275027 13 the respondent.
50285028 14 (i-6) If a person other than the respondent claims title
50295029 15 to any firearms, ammunition, and firearm parts that could be
50305030 16 assembled to make an operable firearm surrendered under this
50315031 17 Section, he or she may petition the court, if the petitioner is
50325032 18 present in court or has notice of the petition, to have the
50335033 19 firearm, ammunition, and firearm parts that could be assembled
50345034 20 to make an operable firearm returned to him or her. If the
50355035 21 court determines that person to be the lawful owner of the
50365036 22 firearm, ammunition, and firearm parts that could be assembled
50375037 23 to make an operable firearm, the firearm, ammunition, and
50385038 24 firearm parts that could be assembled to make an operable
50395039 25 firearm shall be returned to him or her, provided that:
50405040 26 (1) the firearm, ammunition, and firearm parts that
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50515051 1 could be assembled to make an operable firearm are removed
50525052 2 from the respondent's custody, control, or possession and
50535053 3 the lawful owner agrees to store the firearm, ammunition,
50545054 4 and firearm parts that could be assembled to make an
50555055 5 operable firearm in a manner such that the respondent does
50565056 6 not have access to or control of the firearm, ammunition,
50575057 7 and firearm parts that could be assembled to make an
50585058 8 operable firearm; and
50595059 9 (2) the firearm, ammunition, and firearm parts that
50605060 10 could be assembled to make an operable firearm are not
50615061 11 otherwise unlawfully possessed by the owner.
50625062 12 The person petitioning for the return of his or her
50635063 13 firearm, ammunition, and firearm parts that could be assembled
50645064 14 to make an operable firearm must swear or affirm by affidavit
50655065 15 that he or she: (i) is the lawful owner of the firearm,
50665066 16 ammunition, and firearm parts that could be assembled to make
50675067 17 an operable firearm; (ii) shall not transfer the firearm,
50685068 18 ammunition, and firearm parts that could be assembled to make
50695069 19 an operable firearm to the respondent; and (iii) will store
50705070 20 the firearm, ammunition, and firearm parts that could be
50715071 21 assembled to make an operable firearm in a manner that the
50725072 22 respondent does not have access to or control of the firearm,
50735073 23 ammunition, and firearm parts that could be assembled to make
50745074 24 an operable firearm.
50755075 25 (j) If the court does not issue a firearms restraining
50765076 26 order at the hearing, the court shall dissolve any emergency
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50875087 1 firearms restraining order then in effect.
50885088 2 (k) When the court issues a firearms restraining order
50895089 3 under this Section, the court shall inform the respondent that
50905090 4 he or she is entitled to one hearing during the period of the
50915091 5 order to request a termination of the order, under Section 45
50925092 6 of this Act, and shall provide the respondent with a form to
50935093 7 request a hearing.
50945094 8 (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
50955095 9 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
50965096 10 5-13-22; 102-1116, eff. 1-10-23.)
50975097 11 Section 67. The Firearm Dealer License Certification Act
50985098 12 is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as
50995099 13 follows:
51005100 14 (430 ILCS 68/5-20)
51015101 15 Sec. 5-20. Additional licensee requirements.
51025102 16 (a) A certified licensee shall make a photo copy of a
51035103 17 buyer's or transferee's valid photo identification card
51045104 18 whenever a firearm sale transaction takes place. The photo
51055105 19 copy shall be attached to the documentation detailing the
51065106 20 record of sale.
51075107 21 (b) A certified licensee shall post in a conspicuous
51085108 22 position on the premises where the licensee conducts business
51095109 23 a sign that contains the following warning in block letters
51105110 24 not less than one inch in height:
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51215121 1 "With few exceptions enumerated in the Criminal Code
51225122 2 of 2012 Firearm Owners Identification Card Act, it is
51235123 3 unlawful for you to:
51245124 4 (A) store or leave an unsecured firearm in a place
51255125 5 where a child can obtain access to it; or
51265126 6 (B) sell or transfer your firearm to someone else
51275127 7 without receiving approval for the transfer from the
51285128 8 Illinois State Police, or
51295129 9 (B) (C) fail to report the loss or theft of your
51305130 10 firearm to local law enforcement within 72 hours.".
51315131 11 This sign shall be created by the Illinois State Police and
51325132 12 made available for printing or downloading from the Illinois
51335133 13 State Police's website.
51345134 14 (c) No retail location established after the effective
51355135 15 date of this Act shall be located within 500 feet of any
51365136 16 school, pre-school, or day care facility in existence at its
51375137 17 location before the retail location is established as measured
51385138 18 from the nearest corner of the building holding the retail
51395139 19 location to the corner of the school, pre-school, or day care
51405140 20 facility building nearest the retail location at the time the
51415141 21 retail location seeks licensure.
51425142 22 (Source: P.A. 102-538, eff. 8-20-21.)
51435143 23 (430 ILCS 68/5-25)
51445144 24 Sec. 5-25. Exemptions. The provisions of this Act related
51455145 25 to the certification of a license do not apply to a person or
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51565156 1 entity that engages in the following activities:
51575157 2 (1) temporary transfers of firearms solely for use at
51585158 3 the location or on the premises where the transfer takes
51595159 4 place, such as transfers at a shooting range for use at
51605160 5 that location;
51615161 6 (2) temporary transfers of firearms solely for use
51625162 7 while in the presence of the transferor or transfers for
51635163 8 the purposes of firearm safety training by a firearms
51645164 9 safety training instructor;
51655165 10 (3) transfers of firearms among immediate family or
51665166 11 household members, as "immediate family or household
51675167 12 member" is defined in Section 3-2.7-10 of the Unified Code
51685168 13 of Corrections, provided that both the transferor and
51695169 14 transferee are not prohibited from possessing a firearm
51705170 15 under federal or State law have a currently valid Firearm
51715171 16 Owner's Identification Card; however, this paragraph (3)
51725172 17 does not limit the familial gift exemption under paragraph
51735173 18 (2) of subsection (a-15) of Section 3 of the Firearm
51745174 19 Owners Identification Card Act;
51755175 20 (4) transfers by persons or entities acting under
51765176 21 operation of law or a court order;
51775177 22 (5) transfers by persons or entities liquidating all
51785178 23 or part of a collection. For purposes of this paragraph
51795179 24 (5), "collection" means 2 or more firearms which are of
51805180 25 special interest to collectors by reason of some quality
51815181 26 other than is associated with firearms intended for
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51925192 1 sporting use or as offensive or defensive weapons;
51935193 2 (6) transfers of firearms that have been rendered
51945194 3 permanently inoperable to a nonprofit historical society,
51955195 4 museum, or institutional collection;
51965196 5 (7) transfers by a law enforcement or corrections
51975197 6 agency or a law enforcement or corrections officer acting
51985198 7 within the course and scope of his or her official duties;
51995199 8 (8) (blank); transfers to a State or local law
52005200 9 enforcement agency by a person who has his or her Firearm
52015201 10 Owner's Identification Card revoked;
52025202 11 (9) transfers of curios and relics, as defined under
52035203 12 federal law, between collectors licensed under subsection
52045204 13 (b) of Section 923 of the federal Gun Control Act of 1968;
52055205 14 (10) transfers by a person or entity licensed as an
52065206 15 auctioneer under the Auction License Act;
52075207 16 (10.5) transfers of firearms to a resident registered
52085208 17 competitor or attendee or non-resident registered
52095209 18 competitor or attendee by a licensed federal firearms
52105210 19 dealer under Section 923 of the federal Gun Control Act of
52115211 20 1968 at a competitive shooting event held at the World
52125212 21 Shooting and Recreational Complex that is sanctioned by a
52135213 22 national governing body; or
52145214 23 (11) transfers between a pawnshop and a customer which
52155215 24 amount to a bailment. For purposes of this paragraph (11),
52165216 25 "bailment" means the act of placing property in the
52175217 26 custody and control of another, by agreement in which the
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52285228 1 holder is responsible for the safekeeping and return of
52295229 2 the property.
52305230 3 (Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)
52315231 4 (430 ILCS 68/5-40)
52325232 5 Sec. 5-40. Qualifications for operation.
52335233 6 (a) Each certified licensee shall submit with each
52345234 7 application for certification or renewal an affidavit to the
52355235 8 Illinois State Police stating that each owner, employee, or
52365236 9 other agent of the certified licensee who sells or conducts
52375237 10 transfers of firearms for the certified licensee is at least
52385238 11 21 years of age, has a currently valid Firearm Owner's
52395239 12 Identification Card and, for a renewal, has completed the
52405240 13 training required under Section 5-30. The affidavit must also
52415241 14 contain the name and Firearm Owner's Identification Card
52425242 15 number of each owner, employee, or other agent who sells or
52435243 16 conducts transfers of firearms for the certified licensee. If
52445244 17 an owner, employee, or other agent of the certified licensee
52455245 18 is not otherwise a resident of this State, the certified
52465246 19 licensee shall submit an affidavit stating that the owner,
52475247 20 employee, or other agent has undergone a background check and
52485248 21 is not prohibited from owning or possessing firearms.
52495249 22 (b) In addition to the affidavit required under subsection
52505250 23 (a), within 30 days of a new owner, employee, or other agent
52515251 24 beginning selling or conducting transfers of firearms for the
52525252 25 certified licensee, the certified licensee shall submit an
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52635263 1 affidavit to the Illinois State Police stating the date that
52645264 2 the new owner, employee, or other agent began selling or
52655265 3 conducting transfers of firearms for the certified licensee,
52665266 4 and providing the information required in subsection (a) for
52675267 5 that new owner, employee, or other agent.
52685268 6 (c) If a certified licensee has a license, certificate, or
52695269 7 permit to sell, lease, transfer, purchase, or possess firearms
52705270 8 issued by the federal government or the government of any
52715271 9 state revoked or suspended for good cause within the preceding
52725272 10 4 years, the Illinois State Police may consider revoking or
52735273 11 suspending the certified licenses in this State. In making a
52745274 12 determination of whether or not to revoke or suspend a
52755275 13 certified license in this State, the Illinois State Police
52765276 14 shall consider the number of retail locations the certified
52775277 15 licensee or any related person or entity operates in this
52785278 16 State or in other states under the same or different business
52795279 17 names, and the severity of the infraction in the state in which
52805280 18 a license was revoked or suspended.
52815281 19 (d) Applications and affidavits required under this
52825282 20 Section are not subject to disclosure by the Illinois State
52835283 21 Police under the Freedom of Information Act.
52845284 22 (Source: P.A. 102-538, eff. 8-20-21.)
52855285 23 (430 ILCS 68/5-85)
52865286 24 Sec. 5-85. Disciplinary sanctions.
52875287 25 (a) For violations of this Act not penalized under Section
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52985298 1 5-15, the Illinois State Police may refuse to renew or
52995299 2 restore, or may reprimand, place on probation, suspend,
53005300 3 revoke, or take other disciplinary or non-disciplinary action
53015301 4 against any licensee, and may impose a fine commensurate with
53025302 5 the severity of the violation not to exceed $10,000 for each
53035303 6 violation for any of the following, consistent with the
53045304 7 Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901
53055305 8 through 7903:
53065306 9 (1) Violations of this Act, or any law applicable to
53075307 10 the sale or transfer of firearms.
53085308 11 (2) A pattern of practice or other behavior which
53095309 12 demonstrates incapacity or incompetency to practice under
53105310 13 this Act.
53115311 14 (3) Aiding or assisting another person in violating
53125312 15 any provision of this Act or rules adopted under this Act.
53135313 16 (4) Failing, within 60 days, to provide information in
53145314 17 response to a written request made by the Illinois State
53155315 18 Police.
53165316 19 (5) Conviction of, plea of guilty to, or plea of nolo
53175317 20 contendere to any crime that disqualifies the person from
53185318 21 obtaining a firearm valid Firearm Owner's Identification
53195319 22 Card.
53205320 23 (6) Continued practice, although the person has become
53215321 24 unfit to practice due to any of the following:
53225322 25 (A) Any circumstance that disqualifies the person
53235323 26 from obtaining a firearm valid Firearm Owner's
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53345334 1 Identification Card or concealed carry license.
53355335 2 (B) Habitual or excessive use or abuse of drugs
53365336 3 defined in law as controlled substances, alcohol, or
53375337 4 any other substance that results in the inability to
53385338 5 practice with reasonable judgment, skill, or safety.
53395339 6 (7) Receiving, directly or indirectly, compensation
53405340 7 for any firearms sold or transferred illegally.
53415341 8 (8) Discipline by another United States jurisdiction,
53425342 9 foreign nation, or governmental agency, if at least one of
53435343 10 the grounds for the discipline is the same or
53445344 11 substantially equivalent to those set forth in this Act.
53455345 12 (9) Violation of any disciplinary order imposed on a
53465346 13 licensee by the Illinois State Police.
53475347 14 (10) A finding by the Illinois State Police that the
53485348 15 licensee, after having his or her certified license placed
53495349 16 on probationary status, has violated the terms of
53505350 17 probation.
53515351 18 (11) A fraudulent or material misstatement in the
53525352 19 completion of an affirmative obligation or inquiry by law
53535353 20 enforcement.
53545354 21 (b) All fines imposed under this Section shall be paid
53555355 22 within 90 days after the effective date of the final order
53565356 23 imposing the fine.
53575357 24 (Source: P.A. 102-538, eff. 8-20-21.)
53585358 25 Section 70. The Wildlife Code is amended by changing
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53695369 1 Sections 3.2 and 3.2a as follows:
53705370 2 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
53715371 3 Sec. 3.2. Hunting license; application; instruction.
53725372 4 Before the Department or any county, city, village, township,
53735373 5 incorporated town clerk or his duly designated agent or any
53745374 6 other person authorized or designated by the Department to
53755375 7 issue hunting licenses shall issue a hunting license to any
53765376 8 person, the person shall file his application with the
53775377 9 Department or other party authorized to issue licenses on a
53785378 10 form provided by the Department and further give definite
53795379 11 proof of identity and place of legal residence. Each clerk
53805380 12 designating agents to issue licenses and stamps shall furnish
53815381 13 the Department, within 10 days following the appointment, the
53825382 14 names and mailing addresses of the agents. Each clerk or his
53835383 15 duly designated agent shall be authorized to sell licenses and
53845384 16 stamps only within the territorial area for which he was
53855385 17 elected or appointed. No duly designated agent is authorized
53865386 18 to furnish licenses or stamps for issuance by any other
53875387 19 business establishment. Each application shall be executed and
53885388 20 sworn to and shall set forth the name and description of the
53895389 21 applicant and place of residence.
53905390 22 No hunting license shall be issued to any person born on or
53915391 23 after January 1, 1980 unless he presents the person authorized
53925392 24 to issue the license evidence that he has held a hunting
53935393 25 license issued by the State of Illinois or another state in a
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54045404 1 prior year, or a certificate of competency as provided in this
54055405 2 Section. Persons under 18 years of age may be issued a Lifetime
54065406 3 Hunting or Sportsmen's Combination License as provided under
54075407 4 Section 20-45 of the Fish and Aquatic Life Code but shall not
54085408 5 be entitled to hunt alone, without the supervision of an adult
54095409 6 age 21 or older, unless they have a certificate of competency
54105410 7 as provided in this Section and the certificate is in their
54115411 8 possession while hunting.
54125412 9 The Department of Natural Resources shall authorize
54135413 10 personnel of the Department or certified volunteer instructors
54145414 11 to conduct courses, of not less than 10 hours in length, in
54155415 12 firearms and hunter safety, which may include training in bow
54165416 13 and arrow safety, at regularly specified intervals throughout
54175417 14 the State. Persons successfully completing the course shall
54185418 15 receive a certificate of competency. The Department of Natural
54195419 16 Resources may further cooperate with any reputable association
54205420 17 or organization in establishing courses if the organization
54215421 18 has as one of its objectives the promotion of safety in the
54225422 19 handling of firearms or bow and arrow.
54235423 20 The Department of Natural Resources shall designate any
54245424 21 person found by it to be competent to give instruction in the
54255425 22 handling of firearms, hunter safety, and bow and arrow. The
54265426 23 persons so appointed shall give the course of instruction and
54275427 24 upon the successful completion shall issue to the person
54285428 25 instructed a certificate of competency in the safe handling of
54295429 26 firearms, hunter safety, and bow and arrow. No charge shall be
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54405440 1 made for any course of instruction except for materials or
54415441 2 ammunition consumed. The Department of Natural Resources shall
54425442 3 furnish information on the requirements of hunter safety
54435443 4 education programs to be distributed free of charge to
54445444 5 applicants for hunting licenses by the persons appointed and
54455445 6 authorized to issue licenses. Funds for the conducting of
54465446 7 firearms and hunter safety courses shall be taken from the fee
54475447 8 charged for the Firearm Owners Identification Card.
54485448 9 The fee for a hunting license to hunt all species for a
54495449 10 resident of Illinois is $12. For residents age 65 or older,
54505450 11 and, commencing with the 2012 license year, resident veterans
54515451 12 of the United States Armed Forces after returning from service
54525452 13 abroad or mobilization by the President of the United States
54535453 14 as an active duty member of the United States Armed Forces, the
54545454 15 Illinois National Guard, or the Reserves of the United States
54555455 16 Armed Forces, the fee is one-half of the fee charged for a
54565456 17 hunting license to hunt all species for a resident of
54575457 18 Illinois. Veterans must provide to the Department acceptable
54585458 19 verification of their service. The Department shall establish
54595459 20 by administrative rule the procedure by which such
54605460 21 verification of service shall be made to the Department for
54615461 22 the purpose of issuing resident veterans hunting licenses at a
54625462 23 reduced fee. The fee for a hunting license to hunt all species
54635463 24 shall be $1 for residents over 75 years of age. Nonresidents
54645464 25 shall be charged $57 for a hunting license.
54655465 26 Nonresidents may be issued a nonresident hunting license
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54765476 1 for a period not to exceed 10 consecutive days' hunting in the
54775477 2 State and shall be charged a fee of $35.
54785478 3 A special nonresident hunting license authorizing a
54795479 4 nonresident to take game birds by hunting on a game breeding
54805480 5 and hunting preserve area only, established under Section
54815481 6 3.27, shall be issued upon proper application being made and
54825482 7 payment of a fee equal to that for a resident hunting license.
54835483 8 The expiration date of this license shall be on the same date
54845484 9 each year that game breeding and hunting preserve area
54855485 10 licenses expire.
54865486 11 Each applicant for a State Migratory Waterfowl Stamp,
54875487 12 regardless of his residence or other condition, shall pay a
54885488 13 fee of $15 and shall receive a stamp. The fee for a State
54895489 14 Migratory Waterfowl Stamp shall be waived for residents over
54905490 15 75 years of age. Except as provided under Section 20-45 of the
54915491 16 Fish and Aquatic Life Code, the stamp shall be signed by the
54925492 17 person or affixed to his license or permit in a space
54935493 18 designated by the Department for that purpose.
54945494 19 Each applicant for a State Habitat Stamp, regardless of
54955495 20 his residence or other condition, shall pay a fee of $5 and
54965496 21 shall receive a stamp. The fee for a State Habitat Stamp shall
54975497 22 be waived for residents over 75 years of age. Except as
54985498 23 provided under Section 20-45 of the Fish and Aquatic Life
54995499 24 Code, the stamp shall be signed by the person or affixed to his
55005500 25 license or permit in a space designated by the Department for
55015501 26 that purpose.
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55125512 1 Nothing in this Section shall be construed as to require
55135513 2 the purchase of more than one State Habitat Stamp by any person
55145514 3 in any one license year.
55155515 4 The fees for State Pheasant Stamps and State Furbearer
55165516 5 Stamps shall be waived for residents over 75 years of age.
55175517 6 The Department shall furnish the holders of hunting
55185518 7 licenses and stamps with an insignia as evidence of possession
55195519 8 of license, or license and stamp, as the Department may
55205520 9 consider advisable. The insignia shall be exhibited and used
55215521 10 as the Department may order.
55225522 11 All other hunting licenses and all State stamps shall
55235523 12 expire upon March 31 of each year.
55245524 13 Every person holding any license, permit, or stamp issued
55255525 14 under the provisions of this Act shall have it in his
55265526 15 possession for immediate presentation for inspection to the
55275527 16 officers and authorized employees of the Department, any
55285528 17 sheriff, deputy sheriff, or any other peace officer making a
55295529 18 demand for it. This provision shall not apply to Department
55305530 19 owned or managed sites where it is required that all hunters
55315531 20 deposit their license or , permit, or Firearm Owner's
55325532 21 Identification Card at the check station upon entering the
55335533 22 hunting areas.
55345534 23 For the purposes of this Section, "acceptable
55355535 24 verification" means official documentation from the Department
55365536 25 of Defense or the appropriate Major Command showing
55375537 26 mobilization dates or service abroad dates, including: (i) a
55385538
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55485548 1 DD-214, (ii) a letter from the Illinois Department of Military
55495549 2 Affairs for members of the Illinois National Guard, (iii) a
55505550 3 letter from the Regional Reserve Command for members of the
55515551 4 Armed Forces Reserve, (iv) a letter from the Major Command
55525552 5 covering Illinois for active duty members, (v) personnel
55535553 6 records for mobilized State employees, and (vi) any other
55545554 7 documentation that the Department, by administrative rule,
55555555 8 deems acceptable to establish dates of mobilization or service
55565556 9 abroad.
55575557 10 For the purposes of this Section, the term "service
55585558 11 abroad" means active duty service outside of the 50 United
55595559 12 States and the District of Columbia, and includes all active
55605560 13 duty service in territories and possessions of the United
55615561 14 States.
55625562 15 (Source: P.A. 101-81, eff. 7-12-19; 102-780, eff. 5-13-22.)
55635563 16 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)
55645564 17 Sec. 3.2a. Every person holding any license, permit or
55655565 18 stamp issued under the provisions hereof shall have it in his
55665566 19 possession for immediate presentation for inspection to the
55675567 20 officers and authorized employees of the Department, any
55685568 21 sheriff, deputy sheriff or any other peace officer making a
55695569 22 demand for it. This provision shall not apply to Department
55705570 23 owned or managed sites where it is required that all hunters
55715571 24 deposit their license or , permit or Firearm Owner's
55725572 25 Identification Card at the check station upon entering the
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55835583 1 hunting areas.
55845584 2 (Source: P.A. 85-152.)
55855585 3 Section 75. The Criminal Code of 2012 is amended by
55865586 4 changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,
55875587 5 24-1.1, 24-1.6, 24-1.8, 24-1.9, 24-1.10, 24-2, 24-3, 24-3.1,
55885588 6 24-3.2, 24-3.4, 24-3.5, 24-3B, 24-4.1, 24-5.1, and 24-9 and
55895589 7 adding Section 24-4.5 as follows:
55905590 8 (720 ILCS 5/2-7.1)
55915591 9 Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
55925592 10 "Firearm "Firearm" and "firearm ammunition" means any
55935593 11 self-contained cartridge or shotgun shell, by whatever name
55945594 12 known, which is designed to be used or adaptable to use in a
55955595 13 firearm; excluding, however:
55965596 14 (1) any ammunition exclusively designed for use with a
55975597 15 device used exclusively for signaling or safety and required
55985598 16 or recommended by the United States Coast Guard or the
55995599 17 Interstate Commerce Commission; and
56005600 18 (2) any ammunition designed exclusively for use with a
56015601 19 stud or rivet driver or other similar industrial ammunition
56025602 20 have the meanings ascribed to them in Section 1.1 of the
56035603 21 Firearm Owners Identification Card Act.
56045604 22 (Source: P.A. 91-544, eff. 1-1-00.)
56055605 23 (720 ILCS 5/2-7.5)
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56165616 1 Sec. 2-7.5. "Firearm". Except as otherwise provided in a
56175617 2 specific Section, "firearm" means any device, by whatever name
56185618 3 known, which is designed to expel a projectile or projectiles
56195619 4 by the action of an explosion, expansion of gas or escape of
56205620 5 gas; excluding, however:
56215621 6 (1) any pneumatic gun, spring gun, paint ball gun, or B-B
56225622 7 gun which expels a single globular projectile not exceeding
56235623 8 .18 inch in diameter or which has a maximum muzzle velocity of
56245624 9 less than 700 feet per second;
56255625 10 (1.1) any pneumatic gun, spring gun, paint ball gun, or
56265626 11 B-B gun which expels breakable paint balls containing washable
56275627 12 marking colors;
56285628 13 (2) any device used exclusively for signaling or safety
56295629 14 and required or recommended by the United States Coast Guard
56305630 15 or the Interstate Commerce Commission;
56315631 16 (3) any device used exclusively for the firing of stud
56325632 17 cartridges, explosive rivets, or similar industrial
56335633 18 ammunition; and
56345634 19 (4) an antique firearm (other than a machine-gun) which,
56355635 20 although designed as a weapon, the Illinois State Police finds
56365636 21 by reason of the date of its manufacture, value, design, and
56375637 22 other characteristics is primarily a collector's item and is
56385638 23 not likely to be used as a weapon has the meaning ascribed to
56395639 24 it in Section 1.1 of the Firearm Owners Identification Card
56405640 25 Act.
56415641 26 (Source: P.A. 95-331, eff. 8-21-07.)
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56525652 1 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)
56535653 2 Sec. 12-3.05. Aggravated battery.
56545654 3 (a) Offense based on injury. A person commits aggravated
56555655 4 battery when, in committing a battery, other than by the
56565656 5 discharge of a firearm, he or she knowingly does any of the
56575657 6 following:
56585658 7 (1) Causes great bodily harm or permanent disability
56595659 8 or disfigurement.
56605660 9 (2) Causes severe and permanent disability, great
56615661 10 bodily harm, or disfigurement by means of a caustic or
56625662 11 flammable substance, a poisonous gas, a deadly biological
56635663 12 or chemical contaminant or agent, a radioactive substance,
56645664 13 or a bomb or explosive compound.
56655665 14 (3) Causes great bodily harm or permanent disability
56665666 15 or disfigurement to an individual whom the person knows to
56675667 16 be a peace officer, community policing volunteer, fireman,
56685668 17 private security officer, correctional institution
56695669 18 employee, or Department of Human Services employee
56705670 19 supervising or controlling sexually dangerous persons or
56715671 20 sexually violent persons:
56725672 21 (i) performing his or her official duties;
56735673 22 (ii) battered to prevent performance of his or her
56745674 23 official duties; or
56755675 24 (iii) battered in retaliation for performing his
56765676 25 or her official duties.
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56875687 1 (4) Causes great bodily harm or permanent disability
56885688 2 or disfigurement to an individual 60 years of age or
56895689 3 older.
56905690 4 (5) Strangles another individual.
56915691 5 (b) Offense based on injury to a child or person with an
56925692 6 intellectual disability. A person who is at least 18 years of
56935693 7 age commits aggravated battery when, in committing a battery,
56945694 8 he or she knowingly and without legal justification by any
56955695 9 means:
56965696 10 (1) causes great bodily harm or permanent disability
56975697 11 or disfigurement to any child under the age of 13 years, or
56985698 12 to any person with a severe or profound intellectual
56995699 13 disability; or
57005700 14 (2) causes bodily harm or disability or disfigurement
57015701 15 to any child under the age of 13 years or to any person
57025702 16 with a severe or profound intellectual disability.
57035703 17 (c) Offense based on location of conduct. A person commits
57045704 18 aggravated battery when, in committing a battery, other than
57055705 19 by the discharge of a firearm, he or she is or the person
57065706 20 battered is on or about a public way, public property, a public
57075707 21 place of accommodation or amusement, a sports venue, or a
57085708 22 domestic violence shelter, or in a church, synagogue, mosque,
57095709 23 or other building, structure, or place used for religious
57105710 24 worship.
57115711 25 (d) Offense based on status of victim. A person commits
57125712 26 aggravated battery when, in committing a battery, other than
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57235723 1 by discharge of a firearm, he or she knows the individual
57245724 2 battered to be any of the following:
57255725 3 (1) A person 60 years of age or older.
57265726 4 (2) A person who is pregnant or has a physical
57275727 5 disability.
57285728 6 (3) A teacher or school employee upon school grounds
57295729 7 or grounds adjacent to a school or in any part of a
57305730 8 building used for school purposes.
57315731 9 (4) A peace officer, community policing volunteer,
57325732 10 fireman, private security officer, correctional
57335733 11 institution employee, or Department of Human Services
57345734 12 employee supervising or controlling sexually dangerous
57355735 13 persons or sexually violent persons:
57365736 14 (i) performing his or her official duties;
57375737 15 (ii) battered to prevent performance of his or her
57385738 16 official duties; or
57395739 17 (iii) battered in retaliation for performing his
57405740 18 or her official duties.
57415741 19 (5) A judge, emergency management worker, emergency
57425742 20 medical services personnel, or utility worker:
57435743 21 (i) performing his or her official duties;
57445744 22 (ii) battered to prevent performance of his or her
57455745 23 official duties; or
57465746 24 (iii) battered in retaliation for performing his
57475747 25 or her official duties.
57485748 26 (6) An officer or employee of the State of Illinois, a
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57595759 1 unit of local government, or a school district, while
57605760 2 performing his or her official duties.
57615761 3 (7) A transit employee performing his or her official
57625762 4 duties, or a transit passenger.
57635763 5 (8) A taxi driver on duty.
57645764 6 (9) A merchant who detains the person for an alleged
57655765 7 commission of retail theft under Section 16-26 of this
57665766 8 Code and the person without legal justification by any
57675767 9 means causes bodily harm to the merchant.
57685768 10 (10) A person authorized to serve process under
57695769 11 Section 2-202 of the Code of Civil Procedure or a special
57705770 12 process server appointed by the circuit court while that
57715771 13 individual is in the performance of his or her duties as a
57725772 14 process server.
57735773 15 (11) A nurse while in the performance of his or her
57745774 16 duties as a nurse.
57755775 17 (12) A merchant: (i) while performing his or her
57765776 18 duties, including, but not limited to, relaying directions
57775777 19 for healthcare or safety from his or her supervisor or
57785778 20 employer or relaying health or safety guidelines,
57795779 21 recommendations, regulations, or rules from a federal,
57805780 22 State, or local public health agency; and (ii) during a
57815781 23 disaster declared by the Governor, or a state of emergency
57825782 24 declared by the mayor of the municipality in which the
57835783 25 merchant is located, due to a public health emergency and
57845784 26 for a period of 6 months after such declaration.
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57955795 1 (e) Offense based on use of a firearm. A person commits
57965796 2 aggravated battery when, in committing a battery, he or she
57975797 3 knowingly does any of the following:
57985798 4 (1) Discharges a firearm, other than a machine gun or
57995799 5 a firearm equipped with a silencer, and causes any injury
58005800 6 to another person.
58015801 7 (2) Discharges a firearm, other than a machine gun or
58025802 8 a firearm equipped with a silencer, and causes any injury
58035803 9 to a person he or she knows to be a peace officer,
58045804 10 community policing volunteer, person summoned by a police
58055805 11 officer, fireman, private security officer, correctional
58065806 12 institution employee, or emergency management worker:
58075807 13 (i) performing his or her official duties;
58085808 14 (ii) battered to prevent performance of his or her
58095809 15 official duties; or
58105810 16 (iii) battered in retaliation for performing his
58115811 17 or her official duties.
58125812 18 (3) Discharges a firearm, other than a machine gun or
58135813 19 a firearm equipped with a silencer, and causes any injury
58145814 20 to a person he or she knows to be emergency medical
58155815 21 services personnel:
58165816 22 (i) performing his or her official duties;
58175817 23 (ii) battered to prevent performance of his or her
58185818 24 official duties; or
58195819 25 (iii) battered in retaliation for performing his
58205820 26 or her official duties.
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58315831 1 (4) Discharges a firearm and causes any injury to a
58325832 2 person he or she knows to be a teacher, a student in a
58335833 3 school, or a school employee, and the teacher, student, or
58345834 4 employee is upon school grounds or grounds adjacent to a
58355835 5 school or in any part of a building used for school
58365836 6 purposes.
58375837 7 (5) Discharges a machine gun or a firearm equipped
58385838 8 with a silencer, and causes any injury to another person.
58395839 9 (6) Discharges a machine gun or a firearm equipped
58405840 10 with a silencer, and causes any injury to a person he or
58415841 11 she knows to be a peace officer, community policing
58425842 12 volunteer, person summoned by a police officer, fireman,
58435843 13 private security officer, correctional institution
58445844 14 employee or emergency management worker:
58455845 15 (i) performing his or her official duties;
58465846 16 (ii) battered to prevent performance of his or her
58475847 17 official duties; or
58485848 18 (iii) battered in retaliation for performing his
58495849 19 or her official duties.
58505850 20 (7) Discharges a machine gun or a firearm equipped
58515851 21 with a silencer, and causes any injury to a person he or
58525852 22 she knows to be emergency medical services personnel:
58535853 23 (i) performing his or her official duties;
58545854 24 (ii) battered to prevent performance of his or her
58555855 25 official duties; or
58565856 26 (iii) battered in retaliation for performing his
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58675867 1 or her official duties.
58685868 2 (8) Discharges a machine gun or a firearm equipped
58695869 3 with a silencer, and causes any injury to a person he or
58705870 4 she knows to be a teacher, or a student in a school, or a
58715871 5 school employee, and the teacher, student, or employee is
58725872 6 upon school grounds or grounds adjacent to a school or in
58735873 7 any part of a building used for school purposes.
58745874 8 (f) Offense based on use of a weapon or device. A person
58755875 9 commits aggravated battery when, in committing a battery, he
58765876 10 or she does any of the following:
58775877 11 (1) Uses a deadly weapon other than by discharge of a
58785878 12 firearm, or uses an air rifle as defined in Section
58795879 13 24.8-0.1 of this Code.
58805880 14 (2) Wears a hood, robe, or mask to conceal his or her
58815881 15 identity.
58825882 16 (3) Knowingly and without lawful justification shines
58835883 17 or flashes a laser gunsight or other laser device attached
58845884 18 to a firearm, or used in concert with a firearm, so that
58855885 19 the laser beam strikes upon or against the person of
58865886 20 another.
58875887 21 (4) Knowingly video or audio records the offense with
58885888 22 the intent to disseminate the recording.
58895889 23 (g) Offense based on certain conduct. A person commits
58905890 24 aggravated battery when, other than by discharge of a firearm,
58915891 25 he or she does any of the following:
58925892 26 (1) Violates Section 401 of the Illinois Controlled
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59035903 1 Substances Act by unlawfully delivering a controlled
59045904 2 substance to another and any user experiences great bodily
59055905 3 harm or permanent disability as a result of the injection,
59065906 4 inhalation, or ingestion of any amount of the controlled
59075907 5 substance.
59085908 6 (2) Knowingly administers to an individual or causes
59095909 7 him or her to take, without his or her consent or by threat
59105910 8 or deception, and for other than medical purposes, any
59115911 9 intoxicating, poisonous, stupefying, narcotic,
59125912 10 anesthetic, or controlled substance, or gives to another
59135913 11 person any food containing any substance or object
59145914 12 intended to cause physical injury if eaten.
59155915 13 (3) Knowingly causes or attempts to cause a
59165916 14 correctional institution employee or Department of Human
59175917 15 Services employee to come into contact with blood, seminal
59185918 16 fluid, urine, or feces by throwing, tossing, or expelling
59195919 17 the fluid or material, and the person is an inmate of a
59205920 18 penal institution or is a sexually dangerous person or
59215921 19 sexually violent person in the custody of the Department
59225922 20 of Human Services.
59235923 21 (h) Sentence. Unless otherwise provided, aggravated
59245924 22 battery is a Class 3 felony.
59255925 23 Aggravated battery as defined in subdivision (a)(4),
59265926 24 (d)(4), or (g)(3) is a Class 2 felony.
59275927 25 Aggravated battery as defined in subdivision (a)(3) or
59285928 26 (g)(1) is a Class 1 felony.
59295929
59305930
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59355935
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59395939 1 Aggravated battery as defined in subdivision (a)(1) is a
59405940 2 Class 1 felony when the aggravated battery was intentional and
59415941 3 involved the infliction of torture, as defined in paragraph
59425942 4 (14) of subsection (b) of Section 9-1 of this Code, as the
59435943 5 infliction of or subjection to extreme physical pain,
59445944 6 motivated by an intent to increase or prolong the pain,
59455945 7 suffering, or agony of the victim.
59465946 8 Aggravated battery as defined in subdivision (a)(1) is a
59475947 9 Class 2 felony when the person causes great bodily harm or
59485948 10 permanent disability to an individual whom the person knows to
59495949 11 be a member of a congregation engaged in prayer or other
59505950 12 religious activities at a church, synagogue, mosque, or other
59515951 13 building, structure, or place used for religious worship.
59525952 14 Aggravated battery under subdivision (a)(5) is a Class 1
59535953 15 felony if:
59545954 16 (A) the person used or attempted to use a dangerous
59555955 17 instrument while committing the offense;
59565956 18 (B) the person caused great bodily harm or permanent
59575957 19 disability or disfigurement to the other person while
59585958 20 committing the offense; or
59595959 21 (C) the person has been previously convicted of a
59605960 22 violation of subdivision (a)(5) under the laws of this
59615961 23 State or laws similar to subdivision (a)(5) of any other
59625962 24 state.
59635963 25 Aggravated battery as defined in subdivision (e)(1) is a
59645964 26 Class X felony.
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59755975 1 Aggravated battery as defined in subdivision (a)(2) is a
59765976 2 Class X felony for which a person shall be sentenced to a term
59775977 3 of imprisonment of a minimum of 6 years and a maximum of 45
59785978 4 years.
59795979 5 Aggravated battery as defined in subdivision (e)(5) is a
59805980 6 Class X felony for which a person shall be sentenced to a term
59815981 7 of imprisonment of a minimum of 12 years and a maximum of 45
59825982 8 years.
59835983 9 Aggravated battery as defined in subdivision (e)(2),
59845984 10 (e)(3), or (e)(4) is a Class X felony for which a person shall
59855985 11 be sentenced to a term of imprisonment of a minimum of 15 years
59865986 12 and a maximum of 60 years.
59875987 13 Aggravated battery as defined in subdivision (e)(6),
59885988 14 (e)(7), or (e)(8) is a Class X felony for which a person shall
59895989 15 be sentenced to a term of imprisonment of a minimum of 20 years
59905990 16 and a maximum of 60 years.
59915991 17 Aggravated battery as defined in subdivision (b)(1) is a
59925992 18 Class X felony, except that:
59935993 19 (1) if the person committed the offense while armed
59945994 20 with a firearm, 15 years shall be added to the term of
59955995 21 imprisonment imposed by the court;
59965996 22 (2) if, during the commission of the offense, the
59975997 23 person personally discharged a firearm, 20 years shall be
59985998 24 added to the term of imprisonment imposed by the court;
59995999 25 (3) if, during the commission of the offense, the
60006000 26 person personally discharged a firearm that proximately
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60116011 1 caused great bodily harm, permanent disability, permanent
60126012 2 disfigurement, or death to another person, 25 years or up
60136013 3 to a term of natural life shall be added to the term of
60146014 4 imprisonment imposed by the court.
60156015 5 (i) Definitions. In this Section:
60166016 6 "Building or other structure used to provide shelter" has
60176017 7 the meaning ascribed to "shelter" in Section 1 of the Domestic
60186018 8 Violence Shelters Act.
60196019 9 "Domestic violence" has the meaning ascribed to it in
60206020 10 Section 103 of the Illinois Domestic Violence Act of 1986.
60216021 11 "Domestic violence shelter" means any building or other
60226022 12 structure used to provide shelter or other services to victims
60236023 13 or to the dependent children of victims of domestic violence
60246024 14 pursuant to the Illinois Domestic Violence Act of 1986 or the
60256025 15 Domestic Violence Shelters Act, or any place within 500 feet
60266026 16 of such a building or other structure in the case of a person
60276027 17 who is going to or from such a building or other structure.
60286028 18 "Firearm" has the meaning provided under Section 2-7.5 of
60296029 19 this Code 1.1 of the Firearm Owners Identification Card Act,
60306030 20 and does not include an air rifle as defined by Section
60316031 21 24.8-0.1 of this Code.
60326032 22 "Machine gun" has the meaning ascribed to it in Section
60336033 23 24-1 of this Code.
60346034 24 "Merchant" has the meaning ascribed to it in Section
60356035 25 16-0.1 of this Code.
60366036 26 "Strangle" means intentionally impeding the normal
60376037
60386038
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60476047 1 breathing or circulation of the blood of an individual by
60486048 2 applying pressure on the throat or neck of that individual or
60496049 3 by blocking the nose or mouth of that individual.
60506050 4 (Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
60516051 5 (720 ILCS 5/16-0.1)
60526052 6 Sec. 16-0.1. Definitions. In this Article, unless the
60536053 7 context clearly requires otherwise, the following terms are
60546054 8 defined as indicated:
60556055 9 "Access" means to use, instruct, communicate with, store
60566056 10 data in, retrieve or intercept data from, or otherwise utilize
60576057 11 any services of a computer.
60586058 12 "Coin-operated machine" includes any automatic vending
60596059 13 machine or any part thereof, parking meter, coin telephone,
60606060 14 coin-operated transit turnstile, transit fare box, coin
60616061 15 laundry machine, coin dry cleaning machine, amusement machine,
60626062 16 music machine, vending machine dispensing goods or services,
60636063 17 or money changer.
60646064 18 "Communication device" means any type of instrument,
60656065 19 device, machine, or equipment which is capable of
60666066 20 transmitting, acquiring, decrypting, or receiving any
60676067 21 telephonic, electronic, data, Internet access, audio, video,
60686068 22 microwave, or radio transmissions, signals, communications, or
60696069 23 services, including the receipt, acquisition, transmission, or
60706070 24 decryption of all such communications, transmissions, signals,
60716071 25 or services provided by or through any cable television, fiber
60726072
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60826082 1 optic, telephone, satellite, microwave, radio, Internet-based,
60836083 2 data transmission, or wireless distribution network, system or
60846084 3 facility; or any part, accessory, or component thereof,
60856085 4 including any computer circuit, security module, smart card,
60866086 5 software, computer chip, electronic mechanism or other
60876087 6 component, accessory or part of any communication device which
60886088 7 is capable of facilitating the transmission, decryption,
60896089 8 acquisition or reception of all such communications,
60906090 9 transmissions, signals, or services.
60916091 10 "Communication service" means any service lawfully
60926092 11 provided for a charge or compensation to facilitate the lawful
60936093 12 origination, transmission, emission, or reception of signs,
60946094 13 signals, data, writings, images, and sounds or intelligence of
60956095 14 any nature by telephone, including cellular telephones or a
60966096 15 wire, wireless, radio, electromagnetic, photo-electronic or
60976097 16 photo-optical system; and also any service lawfully provided
60986098 17 by any radio, telephone, cable television, fiber optic,
60996099 18 satellite, microwave, Internet-based or wireless distribution
61006100 19 network, system, facility or technology, including, but not
61016101 20 limited to, any and all electronic, data, video, audio,
61026102 21 Internet access, telephonic, microwave and radio
61036103 22 communications, transmissions, signals and services, and any
61046104 23 such communications, transmissions, signals and services
61056105 24 lawfully provided directly or indirectly by or through any of
61066106 25 those networks, systems, facilities or technologies.
61076107 26 "Communication service provider" means: (1) any person or
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61186118 1 entity providing any communication service, whether directly
61196119 2 or indirectly, as a reseller, including, but not limited to, a
61206120 3 cellular, paging or other wireless communications company or
61216121 4 other person or entity which, for a fee, supplies the
61226122 5 facility, cell site, mobile telephone switching office or
61236123 6 other equipment or communication service; (2) any person or
61246124 7 entity owning or operating any cable television, fiber optic,
61256125 8 satellite, telephone, wireless, microwave, radio, data
61266126 9 transmission or Internet-based distribution network, system or
61276127 10 facility; and (3) any person or entity providing any
61286128 11 communication service directly or indirectly by or through any
61296129 12 such distribution system, network or facility.
61306130 13 "Computer" means a device that accepts, processes, stores,
61316131 14 retrieves or outputs data, and includes but is not limited to
61326132 15 auxiliary storage and telecommunications devices connected to
61336133 16 computers.
61346134 17 "Continuing course of conduct" means a series of acts, and
61356135 18 the accompanying mental state necessary for the crime in
61366136 19 question, irrespective of whether the series of acts are
61376137 20 continuous or intermittent.
61386138 21 "Delivery container" means any bakery basket of wire or
61396139 22 plastic used to transport or store bread or bakery products,
61406140 23 any dairy case of wire or plastic used to transport or store
61416141 24 dairy products, and any dolly or cart of 2 or 4 wheels used to
61426142 25 transport or store any bakery or dairy product.
61436143 26 "Document-making implement" means any implement,
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61546154 1 impression, template, computer file, computer disc, electronic
61556155 2 device, computer hardware, computer software, instrument, or
61566156 3 device that is used to make a real or fictitious or fraudulent
61576157 4 personal identification document.
61586158 5 "Financial transaction device" means any of the following:
61596159 6 (1) An electronic funds transfer card.
61606160 7 (2) A credit card.
61616161 8 (3) A debit card.
61626162 9 (4) A point-of-sale card.
61636163 10 (5) Any instrument, device, card, plate, code, account
61646164 11 number, personal identification number, or a record or
61656165 12 copy of a code, account number, or personal identification
61666166 13 number or other means of access to a credit account or
61676167 14 deposit account, or a driver's license or State
61686168 15 identification card used to access a proprietary account,
61696169 16 other than access originated solely by a paper instrument,
61706170 17 that can be used alone or in conjunction with another
61716171 18 access device, for any of the following purposes:
61726172 19 (A) Obtaining money, cash refund or credit
61736173 20 account, credit, goods, services, or any other thing
61746174 21 of value.
61756175 22 (B) Certifying or guaranteeing to a person or
61766176 23 business the availability to the device holder of
61776177 24 funds on deposit to honor a draft or check payable to
61786178 25 the order of that person or business.
61796179 26 (C) Providing the device holder access to a
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61906190 1 deposit account for the purpose of making deposits,
61916191 2 withdrawing funds, transferring funds between deposit
61926192 3 accounts, obtaining information pertaining to a
61936193 4 deposit account, or making an electronic funds
61946194 5 transfer.
61956195 6 "Full retail value" means the merchant's stated or
61966196 7 advertised price of the merchandise. "Full retail value"
61976197 8 includes the aggregate value of property obtained from retail
61986198 9 thefts committed by the same person as part of a continuing
61996199 10 course of conduct from one or more mercantile establishments
62006200 11 in a single transaction or in separate transactions over a
62016201 12 period of one year.
62026202 13 "Internet" means an interactive computer service or system
62036203 14 or an information service, system, or access software provider
62046204 15 that provides or enables computer access by multiple users to
62056205 16 a computer server, and includes, but is not limited to, an
62066206 17 information service, system, or access software provider that
62076207 18 provides access to a network system commonly known as the
62086208 19 Internet, or any comparable system or service and also
62096209 20 includes, but is not limited to, a World Wide Web page,
62106210 21 newsgroup, message board, mailing list, or chat area on any
62116211 22 interactive computer service or system or other online
62126212 23 service.
62136213 24 "Library card" means a card or plate issued by a library
62146214 25 facility for purposes of identifying the person to whom the
62156215 26 library card was issued as authorized to borrow library
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62266226 1 material, subject to all limitations and conditions imposed on
62276227 2 the borrowing by the library facility issuing such card.
62286228 3 "Library facility" includes any public library or museum,
62296229 4 or any library or museum of an educational, historical or
62306230 5 eleemosynary institution, organization or society.
62316231 6 "Library material" includes any book, plate, picture,
62326232 7 photograph, engraving, painting, sculpture, statue, artifact,
62336233 8 drawing, map, newspaper, pamphlet, broadside, magazine,
62346234 9 manuscript, document, letter, microfilm, sound recording,
62356235 10 audiovisual material, magnetic or other tape, electronic data
62366236 11 processing record or other documentary, written or printed
62376237 12 material regardless of physical form or characteristics, or
62386238 13 any part thereof, belonging to, or on loan to or otherwise in
62396239 14 the custody of a library facility.
62406240 15 "Manufacture or assembly of an unlawful access device"
62416241 16 means to make, produce or assemble an unlawful access device
62426242 17 or to modify, alter, program or re-program any instrument,
62436243 18 device, machine, equipment or software so that it is capable
62446244 19 of defeating or circumventing any technology, device or
62456245 20 software used by the provider, owner or licensee of a
62466246 21 communication service or of any data, audio or video programs
62476247 22 or transmissions to protect any such communication, data,
62486248 23 audio or video services, programs or transmissions from
62496249 24 unauthorized access, acquisition, disclosure, receipt,
62506250 25 decryption, communication, transmission or re-transmission.
62516251 26 "Manufacture or assembly of an unlawful communication
62526252
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62626262 1 device" means to make, produce or assemble an unlawful
62636263 2 communication or wireless device or to modify, alter, program
62646264 3 or reprogram a communication or wireless device to be capable
62656265 4 of acquiring, disrupting, receiving, transmitting, decrypting,
62666266 5 or facilitating the acquisition, disruption, receipt,
62676267 6 transmission or decryption of, a communication service without
62686268 7 the express consent or express authorization of the
62696269 8 communication service provider, or to knowingly assist others
62706270 9 in those activities.
62716271 10 "Master sound recording" means the original physical
62726272 11 object on which a given set of sounds were first recorded and
62736273 12 which the original object from which all subsequent sound
62746274 13 recordings embodying the same set of sounds are directly or
62756275 14 indirectly derived.
62766276 15 "Merchandise" means any item of tangible personal
62776277 16 property, including motor fuel.
62786278 17 "Merchant" means an owner or operator of any retail
62796279 18 mercantile establishment or any agent, employee, lessee,
62806280 19 consignee, officer, director, franchisee, or independent
62816281 20 contractor of the owner or operator. "Merchant" also means a
62826282 21 person who receives from an authorized user of a payment card,
62836283 22 or someone the person believes to be an authorized user, a
62846284 23 payment card or information from a payment card, or what the
62856285 24 person believes to be a payment card or information from a
62866286 25 payment card, as the instrument for obtaining, purchasing or
62876287 26 receiving goods, services, money, or anything else of value
62886288
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62906290
62916291
62926292
62936293 HB2922 - 176 - LRB103 27829 RLC 54207 b
62946294
62956295
62966296 HB2922- 177 -LRB103 27829 RLC 54207 b HB2922 - 177 - LRB103 27829 RLC 54207 b
62976297 HB2922 - 177 - LRB103 27829 RLC 54207 b
62986298 1 from the person.
62996299 2 "Motor fuel" means a liquid, regardless of its properties,
63006300 3 used to propel a vehicle, including gasoline and diesel.
63016301 4 "Online" means the use of any electronic or wireless
63026302 5 device to access the Internet.
63036303 6 "Payment card" means a credit card, charge card, debit
63046304 7 card, or any other card that is issued to an authorized card
63056305 8 user and that allows the user to obtain, purchase, or receive
63066306 9 goods, services, money, or anything else of value from a
63076307 10 merchant.
63086308 11 "Person with a disability" means a person who suffers from
63096309 12 a physical or mental impairment resulting from disease,
63106310 13 injury, functional disorder or congenital condition that
63116311 14 impairs the individual's mental or physical ability to
63126312 15 independently manage his or her property or financial
63136313 16 resources, or both.
63146314 17 "Personal identification document" means a birth
63156315 18 certificate, a driver's license, a State identification card,
63166316 19 a public, government, or private employment identification
63176317 20 card, a social security card, a license issued under the
63186318 21 Firearm Concealed Carry Act firearm owner's identification
63196319 22 card, a credit card, a debit card, or a passport issued to or
63206320 23 on behalf of a person other than the offender, or any document
63216321 24 made or issued, or falsely purported to have been made or
63226322 25 issued, by or under the authority of the United States
63236323 26 Government, the State of Illinois, or any other state
63246324
63256325
63266326
63276327
63286328
63296329 HB2922 - 177 - LRB103 27829 RLC 54207 b
63306330
63316331
63326332 HB2922- 178 -LRB103 27829 RLC 54207 b HB2922 - 178 - LRB103 27829 RLC 54207 b
63336333 HB2922 - 178 - LRB103 27829 RLC 54207 b
63346334 1 political subdivision of any state, or any other governmental
63356335 2 or quasi-governmental organization that is of a type intended
63366336 3 for the purpose of identification of an individual, or any
63376337 4 such document made or altered in a manner that it falsely
63386338 5 purports to have been made on behalf of or issued to another
63396339 6 person or by the authority of one who did not give that
63406340 7 authority.
63416341 8 "Personal identifying information" means any of the
63426342 9 following information:
63436343 10 (1) A person's name.
63446344 11 (2) A person's address.
63456345 12 (3) A person's date of birth.
63466346 13 (4) A person's telephone number.
63476347 14 (5) A person's driver's license number or State of
63486348 15 Illinois identification card as assigned by the Secretary
63496349 16 of State of the State of Illinois or a similar agency of
63506350 17 another state.
63516351 18 (6) A person's social security number.
63526352 19 (7) A person's public, private, or government
63536353 20 employer, place of employment, or employment
63546354 21 identification number.
63556355 22 (8) The maiden name of a person's mother.
63566356 23 (9) The number assigned to a person's depository
63576357 24 account, savings account, or brokerage account.
63586358 25 (10) The number assigned to a person's credit or debit
63596359 26 card, commonly known as a "Visa Card", "MasterCard",
63606360
63616361
63626362
63636363
63646364
63656365 HB2922 - 178 - LRB103 27829 RLC 54207 b
63666366
63676367
63686368 HB2922- 179 -LRB103 27829 RLC 54207 b HB2922 - 179 - LRB103 27829 RLC 54207 b
63696369 HB2922 - 179 - LRB103 27829 RLC 54207 b
63706370 1 "American Express Card", "Discover Card", or other similar
63716371 2 cards whether issued by a financial institution,
63726372 3 corporation, or business entity.
63736373 4 (11) Personal identification numbers.
63746374 5 (12) Electronic identification numbers.
63756375 6 (13) Digital signals.
63766376 7 (14) User names, passwords, and any other word,
63776377 8 number, character or combination of the same usable in
63786378 9 whole or part to access information relating to a specific
63796379 10 individual, or to the actions taken, communications made
63806380 11 or received, or other activities or transactions of a
63816381 12 specific individual.
63826382 13 (15) Any other numbers or information which can be
63836383 14 used to access a person's financial resources, or to
63846384 15 identify a specific individual, or the actions taken,
63856385 16 communications made or received, or other activities or
63866386 17 transactions of a specific individual.
63876387 18 "Premises of a retail mercantile establishment" includes,
63886388 19 but is not limited to, the retail mercantile establishment;
63896389 20 any common use areas in shopping centers; and all parking
63906390 21 areas set aside by a merchant or on behalf of a merchant for
63916391 22 the parking of vehicles for the convenience of the patrons of
63926392 23 such retail mercantile establishment.
63936393 24 "Public water, gas, or power supply, or other public
63946394 25 services" mean any service subject to regulation by the
63956395 26 Illinois Commerce Commission; any service furnished by a
63966396
63976397
63986398
63996399
64006400
64016401 HB2922 - 179 - LRB103 27829 RLC 54207 b
64026402
64036403
64046404 HB2922- 180 -LRB103 27829 RLC 54207 b HB2922 - 180 - LRB103 27829 RLC 54207 b
64056405 HB2922 - 180 - LRB103 27829 RLC 54207 b
64066406 1 public utility that is owned and operated by any political
64076407 2 subdivision, public institution of higher education or
64086408 3 municipal corporation of this State; any service furnished by
64096409 4 any public utility that is owned by such political
64106410 5 subdivision, public institution of higher education, or
64116411 6 municipal corporation and operated by any of its lessees or
64126412 7 operating agents; any service furnished by an electric
64136413 8 cooperative as defined in Section 3.4 of the Electric Supplier
64146414 9 Act; or wireless service or other service regulated by the
64156415 10 Federal Communications Commission.
64166416 11 "Publish" means to communicate or disseminate information
64176417 12 to any one or more persons, either orally, in person, or by
64186418 13 telephone, radio or television or in writing of any kind,
64196419 14 including, without limitation, a letter or memorandum,
64206420 15 circular or handbill, newspaper or magazine article or book.
64216421 16 "Radio frequency identification device" means any
64226422 17 implement, computer file, computer disc, electronic device,
64236423 18 computer hardware, computer software, or instrument that is
64246424 19 used to activate, read, receive, or decode information stored
64256425 20 on a RFID tag or transponder attached to a personal
64266426 21 identification document.
64276427 22 "RFID tag or transponder" means a chip or device that
64286428 23 contains personal identifying information from which the
64296429 24 personal identifying information can be read or decoded by
64306430 25 another device emitting a radio frequency that activates or
64316431 26 powers a radio frequency emission response from the chip or
64326432
64336433
64346434
64356435
64366436
64376437 HB2922 - 180 - LRB103 27829 RLC 54207 b
64386438
64396439
64406440 HB2922- 181 -LRB103 27829 RLC 54207 b HB2922 - 181 - LRB103 27829 RLC 54207 b
64416441 HB2922 - 181 - LRB103 27829 RLC 54207 b
64426442 1 transponder.
64436443 2 "Reencoder" means an electronic device that places encoded
64446444 3 information from the magnetic strip or stripe of a payment
64456445 4 card onto the magnetic strip or stripe of a different payment
64466446 5 card.
64476447 6 "Retail mercantile establishment" means any place where
64486448 7 merchandise is displayed, held, stored or offered for sale to
64496449 8 the public.
64506450 9 "Scanning device" means a scanner, reader, or any other
64516451 10 electronic device that is used to access, read, scan, obtain,
64526452 11 memorize, or store, temporarily or permanently, information
64536453 12 encoded on the magnetic strip or stripe of a payment card.
64546454 13 "Shopping cart" means those push carts of the type or
64556455 14 types which are commonly provided by grocery stores, drug
64566456 15 stores or other retail mercantile establishments for the use
64576457 16 of the public in transporting commodities in stores and
64586458 17 markets and, incidentally, from the stores to a place outside
64596459 18 the store.
64606460 19 "Sound or audio visual recording" means any sound or audio
64616461 20 visual phonograph record, disc, pre-recorded tape, film, wire,
64626462 21 magnetic tape or other object, device or medium, now known or
64636463 22 hereafter invented, by which sounds or images may be
64646464 23 reproduced with or without the use of any additional machine,
64656465 24 equipment or device.
64666466 25 "Stored value card" means any card, gift card, instrument,
64676467 26 or device issued with or without fee for the use of the
64686468
64696469
64706470
64716471
64726472
64736473 HB2922 - 181 - LRB103 27829 RLC 54207 b
64746474
64756475
64766476 HB2922- 182 -LRB103 27829 RLC 54207 b HB2922 - 182 - LRB103 27829 RLC 54207 b
64776477 HB2922 - 182 - LRB103 27829 RLC 54207 b
64786478 1 cardholder to obtain money, goods, services, or anything else
64796479 2 of value. Stored value cards include, but are not limited to,
64806480 3 cards issued for use as a stored value card or gift card, and
64816481 4 an account identification number or symbol used to identify a
64826482 5 stored value card. "Stored value card" does not include a
64836483 6 prepaid card usable at multiple, unaffiliated merchants or at
64846484 7 automated teller machines, or both. "Stored value card" shall
64856485 8 only apply to Section 16-25.1 of this Act.
64866486 9 "Theft detection device remover" means any tool or device
64876487 10 specifically designed and intended to be used to remove any
64886488 11 theft detection device from any merchandise.
64896489 12 "Under-ring" means to cause the cash register or other
64906490 13 sales recording device to reflect less than the full retail
64916491 14 value of the merchandise.
64926492 15 "Unidentified sound or audio visual recording" means a
64936493 16 sound or audio visual recording without the actual name and
64946494 17 full and correct street address of the manufacturer, and the
64956495 18 name of the actual performers or groups prominently and
64966496 19 legibly printed on the outside cover or jacket and on the label
64976497 20 of such sound or audio visual recording.
64986498 21 "Unlawful access device" means any type of instrument,
64996499 22 device, machine, equipment, technology, or software which is
65006500 23 primarily possessed, used, designed, assembled, manufactured,
65016501 24 sold, distributed or offered, promoted or advertised for the
65026502 25 purpose of defeating or circumventing any technology, device
65036503 26 or software, or any component or part thereof, used by the
65046504
65056505
65066506
65076507
65086508
65096509 HB2922 - 182 - LRB103 27829 RLC 54207 b
65106510
65116511
65126512 HB2922- 183 -LRB103 27829 RLC 54207 b HB2922 - 183 - LRB103 27829 RLC 54207 b
65136513 HB2922 - 183 - LRB103 27829 RLC 54207 b
65146514 1 provider, owner or licensee of any communication service or of
65156515 2 any data, audio or video programs or transmissions to protect
65166516 3 any such communication, audio or video services, programs or
65176517 4 transmissions from unauthorized access, acquisition, receipt,
65186518 5 decryption, disclosure, communication, transmission or
65196519 6 re-transmission.
65206520 7 "Unlawful communication device" means any electronic
65216521 8 serial number, mobile identification number, personal
65226522 9 identification number or any communication or wireless device
65236523 10 that is capable of acquiring or facilitating the acquisition
65246524 11 of a communication service without the express consent or
65256525 12 express authorization of the communication service provider,
65266526 13 or that has been altered, modified, programmed or
65276527 14 reprogrammed, alone or in conjunction with another
65286528 15 communication or wireless device or other equipment, to so
65296529 16 acquire or facilitate the unauthorized acquisition of a
65306530 17 communication service. "Unlawful communication device" also
65316531 18 means:
65326532 19 (1) any phone altered to obtain service without the
65336533 20 express consent or express authorization of the
65346534 21 communication service provider, tumbler phone, counterfeit
65356535 22 or clone phone, tumbler microchip, counterfeit or clone
65366536 23 microchip, scanning receiver of wireless communication
65376537 24 service or other instrument capable of disguising its
65386538 25 identity or location or of gaining unauthorized access to
65396539 26 a communications or wireless system operated by a
65406540
65416541
65426542
65436543
65446544
65456545 HB2922 - 183 - LRB103 27829 RLC 54207 b
65466546
65476547
65486548 HB2922- 184 -LRB103 27829 RLC 54207 b HB2922 - 184 - LRB103 27829 RLC 54207 b
65496549 HB2922 - 184 - LRB103 27829 RLC 54207 b
65506550 1 communication service provider; and
65516551 2 (2) any communication or wireless device which is
65526552 3 capable of, or has been altered, designed, modified,
65536553 4 programmed or reprogrammed, alone or in conjunction with
65546554 5 another communication or wireless device or devices, so as
65556555 6 to be capable of, facilitating the disruption,
65566556 7 acquisition, receipt, transmission or decryption of a
65576557 8 communication service without the express consent or
65586558 9 express authorization of the communication service
65596559 10 provider, including, but not limited to, any device,
65606560 11 technology, product, service, equipment, computer software
65616561 12 or component or part thereof, primarily distributed, sold,
65626562 13 designed, assembled, manufactured, modified, programmed,
65636563 14 reprogrammed or used for the purpose of providing the
65646564 15 unauthorized receipt of, transmission of, disruption of,
65656565 16 decryption of, access to or acquisition of any
65666566 17 communication service provided by any communication
65676567 18 service provider.
65686568 19 "Vehicle" means a motor vehicle, motorcycle, or farm
65696569 20 implement that is self-propelled and that uses motor fuel for
65706570 21 propulsion.
65716571 22 "Wireless device" includes any type of instrument, device,
65726572 23 machine, or equipment that is capable of transmitting or
65736573 24 receiving telephonic, electronic or radio communications, or
65746574 25 any part of such instrument, device, machine, or equipment, or
65756575 26 any computer circuit, computer chip, electronic mechanism, or
65766576
65776577
65786578
65796579
65806580
65816581 HB2922 - 184 - LRB103 27829 RLC 54207 b
65826582
65836583
65846584 HB2922- 185 -LRB103 27829 RLC 54207 b HB2922 - 185 - LRB103 27829 RLC 54207 b
65856585 HB2922 - 185 - LRB103 27829 RLC 54207 b
65866586 1 other component that is capable of facilitating the
65876587 2 transmission or reception of telephonic, electronic, or radio
65886588 3 communications.
65896589 4 (Source: P.A. 102-757, eff. 5-13-22.)
65906590 5 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)
65916591 6 Sec. 17-30. Defaced, altered, or removed manufacturer or
65926592 7 owner identification number.
65936593 8 (a) Unlawful sale of household appliances. A person
65946594 9 commits unlawful sale of household appliances when he or she
65956595 10 knowingly, with the intent to defraud or deceive another,
65966596 11 keeps for sale, within any commercial context, any household
65976597 12 appliance with a missing, defaced, obliterated, or otherwise
65986598 13 altered manufacturer's identification number.
65996599 14 (b) Construction equipment identification defacement. A
66006600 15 person commits construction equipment identification
66016601 16 defacement when he or she knowingly changes, alters, removes,
66026602 17 mutilates, or obliterates a permanently affixed serial number,
66036603 18 product identification number, part number, component
66046604 19 identification number, owner-applied identification, or other
66056605 20 mark of identification attached to or stamped, inscribed,
66066606 21 molded, or etched into a machine or other equipment, whether
66076607 22 stationary or mobile or self-propelled, or a part of such
66086608 23 machine or equipment, used in the construction, maintenance,
66096609 24 or demolition of buildings, structures, bridges, tunnels,
66106610 25 sewers, utility pipes or lines, ditches or open cuts, roads,
66116611
66126612
66136613
66146614
66156615
66166616 HB2922 - 185 - LRB103 27829 RLC 54207 b
66176617
66186618
66196619 HB2922- 186 -LRB103 27829 RLC 54207 b HB2922 - 186 - LRB103 27829 RLC 54207 b
66206620 HB2922 - 186 - LRB103 27829 RLC 54207 b
66216621 1 highways, dams, airports, or waterways or in material handling
66226622 2 for such projects.
66236623 3 The trier of fact may infer that the defendant has
66246624 4 knowingly changed, altered, removed, or obliterated the serial
66256625 5 number, product identification number, part number, component
66266626 6 identification number, owner-applied identification number, or
66276627 7 other mark of identification, if the defendant was in
66286628 8 possession of any machine or other equipment or a part of such
66296629 9 machine or equipment used in the construction, maintenance, or
66306630 10 demolition of buildings, structures, bridges, tunnels, sewers,
66316631 11 utility pipes or lines, ditches or open cuts, roads, highways,
66326632 12 dams, airports, or waterways or in material handling for such
66336633 13 projects upon which any such serial number, product
66346634 14 identification number, part number, component identification
66356635 15 number, owner-applied identification number, or other mark of
66366636 16 identification has been changed, altered, removed, or
66376637 17 obliterated.
66386638 18 (c) Defacement of manufacturer's serial number or
66396639 19 identification mark. A person commits defacement of a
66406640 20 manufacturer's serial number or identification mark when he or
66416641 21 she knowingly removes, alters, defaces, covers, or destroys
66426642 22 the manufacturer's serial number or any other manufacturer's
66436643 23 number or distinguishing identification mark upon any machine
66446644 24 or other article of merchandise, other than a motor vehicle as
66456645 25 defined in Section 1-146 of the Illinois Vehicle Code or a
66466646 26 firearm as defined in the Firearm Owners Identification Card
66476647
66486648
66496649
66506650
66516651
66526652 HB2922 - 186 - LRB103 27829 RLC 54207 b
66536653
66546654
66556655 HB2922- 187 -LRB103 27829 RLC 54207 b HB2922 - 187 - LRB103 27829 RLC 54207 b
66566656 HB2922 - 187 - LRB103 27829 RLC 54207 b
66576657 1 Act, with the intent of concealing or destroying the identity
66586658 2 of such machine or other article of merchandise.
66596659 3 (d) Sentence.
66606660 4 (1) A violation of subsection (a) of this Section is a
66616661 5 Class 4 felony if the value of the appliance or appliances
66626662 6 exceeds $1,000 and a Class B misdemeanor if the value of
66636663 7 the appliance or appliances is $1,000 or less.
66646664 8 (2) A violation of subsection (b) of this Section is a
66656665 9 Class A misdemeanor.
66666666 10 (3) A violation of subsection (c) of this Section is a
66676667 11 Class B misdemeanor.
66686668 12 (e) No liability shall be imposed upon any person for the
66696669 13 unintentional failure to comply with subsection (a).
66706670 14 (f) Definitions. In this Section:
66716671 15 "Commercial context" means a continuing business
66726672 16 enterprise conducted for profit by any person whose primary
66736673 17 business is the wholesale or retail marketing of household
66746674 18 appliances, or a significant portion of whose business or
66756675 19 inventory consists of household appliances kept or sold on a
66766676 20 wholesale or retail basis.
66776677 21 "Household appliance" means any gas or electric device or
66786678 22 machine marketed for use as home entertainment or for
66796679 23 facilitating or expediting household tasks or chores. The term
66806680 24 shall include but not necessarily be limited to refrigerators,
66816681 25 freezers, ranges, radios, television sets, vacuum cleaners,
66826682 26 toasters, dishwashers, and other similar household items.
66836683
66846684
66856685
66866686
66876687
66886688 HB2922 - 187 - LRB103 27829 RLC 54207 b
66896689
66906690
66916691 HB2922- 188 -LRB103 27829 RLC 54207 b HB2922 - 188 - LRB103 27829 RLC 54207 b
66926692 HB2922 - 188 - LRB103 27829 RLC 54207 b
66936693 1 "Manufacturer's identification number" means any serial
66946694 2 number or other similar numerical or alphabetical designation
66956695 3 imprinted upon or attached to or placed, stamped, or otherwise
66966696 4 imprinted upon or attached to a household appliance or item by
66976697 5 the manufacturer for purposes of identifying a particular
66986698 6 appliance or item individually or by lot number.
66996699 7 (Source: P.A. 96-1551, eff. 7-1-11.)
67006700 8 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
67016701 9 Sec. 24-1. Unlawful use of weapons.
67026702 10 (a) A person commits the offense of unlawful use of
67036703 11 weapons when he knowingly:
67046704 12 (1) Sells, manufactures, purchases, possesses or
67056705 13 carries any bludgeon, black-jack, slung-shot, sand-club,
67066706 14 sand-bag, metal knuckles or other knuckle weapon
67076707 15 regardless of its composition, throwing star, or any
67086708 16 knife, commonly referred to as a switchblade knife, which
67096709 17 has a blade that opens automatically by hand pressure
67106710 18 applied to a button, spring or other device in the handle
67116711 19 of the knife, or a ballistic knife, which is a device that
67126712 20 propels a knifelike blade as a projectile by means of a
67136713 21 coil spring, elastic material or compressed gas; or
67146714 22 (2) Carries or possesses with intent to use the same
67156715 23 unlawfully against another, a dagger, dirk, billy,
67166716 24 dangerous knife, razor, stiletto, broken bottle or other
67176717 25 piece of glass, stun gun or taser or any other dangerous or
67186718
67196719
67206720
67216721
67226722
67236723 HB2922 - 188 - LRB103 27829 RLC 54207 b
67246724
67256725
67266726 HB2922- 189 -LRB103 27829 RLC 54207 b HB2922 - 189 - LRB103 27829 RLC 54207 b
67276727 HB2922 - 189 - LRB103 27829 RLC 54207 b
67286728 1 deadly weapon or instrument of like character; or
67296729 2 (2.5) Carries or possesses with intent to use the same
67306730 3 unlawfully against another, any firearm in a church,
67316731 4 synagogue, mosque, or other building, structure, or place
67326732 5 used for religious worship; or
67336733 6 (3) Carries on or about his person or in any vehicle, a
67346734 7 tear gas gun projector or bomb or any object containing
67356735 8 noxious liquid gas or substance, other than an object
67366736 9 containing a non-lethal noxious liquid gas or substance
67376737 10 designed solely for personal defense carried by a person
67386738 11 18 years of age or older; or
67396739 12 (4) Carries or possesses in any vehicle or concealed
67406740 13 on or about his person except when on his land or in his
67416741 14 own abode, legal dwelling, or fixed place of business, or
67426742 15 on the land or in the legal dwelling of another person as
67436743 16 an invitee with that person's permission, any pistol,
67446744 17 revolver, stun gun or taser or other firearm, except that
67456745 18 this subsection (a)(4) does not apply to or affect
67466746 19 transportation of weapons that meet one of the following
67476747 20 conditions:
67486748 21 (i) are broken down in a non-functioning state; or
67496749 22 (ii) are not immediately accessible; or
67506750 23 (iii) are unloaded and enclosed in a case, firearm
67516751 24 carrying box, shipping box, or other container by a
67526752 25 person eligible under State and federal law to possess
67536753 26 a firearm who has been issued a currently valid
67546754
67556755
67566756
67576757
67586758
67596759 HB2922 - 189 - LRB103 27829 RLC 54207 b
67606760
67616761
67626762 HB2922- 190 -LRB103 27829 RLC 54207 b HB2922 - 190 - LRB103 27829 RLC 54207 b
67636763 HB2922 - 190 - LRB103 27829 RLC 54207 b
67646764 1 Firearm Owner's Identification Card; or
67656765 2 (iv) are carried or possessed in accordance with
67666766 3 the Firearm Concealed Carry Act by a person who has
67676767 4 been issued a currently valid license under the
67686768 5 Firearm Concealed Carry Act; or
67696769 6 (5) Sets a spring gun; or
67706770 7 (6) Possesses any device or attachment of any kind
67716771 8 designed, used or intended for use in silencing the report
67726772 9 of any firearm; or
67736773 10 (7) Sells, manufactures, purchases, possesses or
67746774 11 carries:
67756775 12 (i) a machine gun, which shall be defined for the
67766776 13 purposes of this subsection as any weapon, which
67776777 14 shoots, is designed to shoot, or can be readily
67786778 15 restored to shoot, automatically more than one shot
67796779 16 without manually reloading by a single function of the
67806780 17 trigger, including the frame or receiver of any such
67816781 18 weapon, or sells, manufactures, purchases, possesses,
67826782 19 or carries any combination of parts designed or
67836783 20 intended for use in converting any weapon into a
67846784 21 machine gun, or any combination or parts from which a
67856785 22 machine gun can be assembled if such parts are in the
67866786 23 possession or under the control of a person;
67876787 24 (ii) any rifle having one or more barrels less
67886788 25 than 16 inches in length or a shotgun having one or
67896789 26 more barrels less than 18 inches in length or any
67906790
67916791
67926792
67936793
67946794
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67966796
67976797
67986798 HB2922- 191 -LRB103 27829 RLC 54207 b HB2922 - 191 - LRB103 27829 RLC 54207 b
67996799 HB2922 - 191 - LRB103 27829 RLC 54207 b
68006800 1 weapon made from a rifle or shotgun, whether by
68016801 2 alteration, modification, or otherwise, if such a
68026802 3 weapon as modified has an overall length of less than
68036803 4 26 inches; or
68046804 5 (iii) any bomb, bomb-shell, grenade, bottle or
68056805 6 other container containing an explosive substance of
68066806 7 over one-quarter ounce for like purposes, such as, but
68076807 8 not limited to, black powder bombs and Molotov
68086808 9 cocktails or artillery projectiles; or
68096809 10 (8) Carries or possesses any firearm, stun gun or
68106810 11 taser or other deadly weapon in any place which is
68116811 12 licensed to sell intoxicating beverages, or at any public
68126812 13 gathering held pursuant to a license issued by any
68136813 14 governmental body or any public gathering at which an
68146814 15 admission is charged, excluding a place where a showing,
68156815 16 demonstration or lecture involving the exhibition of
68166816 17 unloaded firearms is conducted.
68176817 18 This subsection (a)(8) does not apply to any auction
68186818 19 or raffle of a firearm held pursuant to a license or permit
68196819 20 issued by a governmental body, nor does it apply to
68206820 21 persons engaged in firearm safety training courses; or
68216821 22 (9) Carries or possesses in a vehicle or on or about
68226822 23 his or her person any pistol, revolver, stun gun or taser
68236823 24 or firearm or ballistic knife, when he or she is hooded,
68246824 25 robed or masked in such manner as to conceal his or her
68256825 26 identity; or
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68366836 1 (10) Carries or possesses on or about his or her
68376837 2 person, upon any public street, alley, or other public
68386838 3 lands within the corporate limits of a city, village, or
68396839 4 incorporated town, except when an invitee thereon or
68406840 5 therein, for the purpose of the display of such weapon or
68416841 6 the lawful commerce in weapons, or except when on his land
68426842 7 or in his or her own abode, legal dwelling, or fixed place
68436843 8 of business, or on the land or in the legal dwelling of
68446844 9 another person as an invitee with that person's
68456845 10 permission, any pistol, revolver, stun gun, or taser or
68466846 11 other firearm, except that this subsection (a)(10) does
68476847 12 not apply to or affect transportation of weapons that meet
68486848 13 one of the following conditions:
68496849 14 (i) are broken down in a non-functioning state; or
68506850 15 (ii) are not immediately accessible; or
68516851 16 (iii) are unloaded and enclosed in a case, firearm
68526852 17 carrying box, shipping box, or other container by a
68536853 18 person eligible under State and federal law to possess
68546854 19 a firearm who has been issued a currently valid
68556855 20 Firearm Owner's Identification Card; or
68566856 21 (iv) are carried or possessed in accordance with
68576857 22 the Firearm Concealed Carry Act by a person who has
68586858 23 been issued a currently valid license under the
68596859 24 Firearm Concealed Carry Act.
68606860 25 A "stun gun or taser", as used in this paragraph (a)
68616861 26 means (i) any device which is powered by electrical
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68726872 1 charging units, such as, batteries, and which fires one or
68736873 2 several barbs attached to a length of wire and which, upon
68746874 3 hitting a human, can send out a current capable of
68756875 4 disrupting the person's nervous system in such a manner as
68766876 5 to render him incapable of normal functioning or (ii) any
68776877 6 device which is powered by electrical charging units, such
68786878 7 as batteries, and which, upon contact with a human or
68796879 8 clothing worn by a human, can send out current capable of
68806880 9 disrupting the person's nervous system in such a manner as
68816881 10 to render him incapable of normal functioning; or
68826882 11 (11) Sells, manufactures, delivers, imports,
68836883 12 possesses, or purchases any assault weapon attachment or
68846884 13 .50 caliber cartridge in violation of Section 24-1.9 or
68856885 14 any explosive bullet. For purposes of this paragraph (a)
68866886 15 "explosive bullet" means the projectile portion of an
68876887 16 ammunition cartridge which contains or carries an
68886888 17 explosive charge which will explode upon contact with the
68896889 18 flesh of a human or an animal. "Cartridge" means a tubular
68906890 19 metal case having a projectile affixed at the front
68916891 20 thereof and a cap or primer at the rear end thereof, with
68926892 21 the propellant contained in such tube between the
68936893 22 projectile and the cap; or
68946894 23 (12) (Blank); or
68956895 24 (13) Carries or possesses on or about his or her
68966896 25 person while in a building occupied by a unit of
68976897 26 government, a billy club, other weapon of like character,
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69086908 1 or other instrument of like character intended for use as
69096909 2 a weapon. For the purposes of this Section, "billy club"
69106910 3 means a short stick or club commonly carried by police
69116911 4 officers which is either telescopic or constructed of a
69126912 5 solid piece of wood or other man-made material; or
69136913 6 (14) Manufactures, possesses, sells, or offers to
69146914 7 sell, purchase, manufacture, import, transfer, or use any
69156915 8 device, part, kit, tool, accessory, or combination of
69166916 9 parts that is designed to and functions to increase the
69176917 10 rate of fire of a semiautomatic firearm above the standard
69186918 11 rate of fire for semiautomatic firearms that is not
69196919 12 equipped with that device, part, or combination of parts;
69206920 13 or
69216921 14 (15) Carries or possesses any assault weapon or .50
69226922 15 caliber rifle in violation of Section 24-1.9; or
69236923 16 (16) Manufactures, sells, delivers, imports, or
69246924 17 purchases any assault weapon or .50 caliber rifle in
69256925 18 violation of Section 24-1.9.
69266926 19 (b) Sentence. A person convicted of a violation of
69276927 20 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
69286928 21 subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)
69296929 22 commits a Class A misdemeanor. A person convicted of a
69306930 23 violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
69316931 24 Class 4 felony; a person convicted of a violation of
69326932 25 subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
69336933 26 24-1(a)(16) commits a Class 3 felony. A person convicted of a
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69446944 1 violation of subsection 24-1(a)(7)(i) commits a Class 2 felony
69456945 2 and shall be sentenced to a term of imprisonment of not less
69466946 3 than 3 years and not more than 7 years, unless the weapon is
69476947 4 possessed in the passenger compartment of a motor vehicle as
69486948 5 defined in Section 1-146 of the Illinois Vehicle Code, or on
69496949 6 the person, while the weapon is loaded, in which case it shall
69506950 7 be a Class X felony. A person convicted of a second or
69516951 8 subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
69526952 9 24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3
69536953 10 felony. A person convicted of a violation of subsection
69546954 11 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The
69556955 12 possession of each weapon or device in violation of this
69566956 13 Section constitutes a single and separate violation.
69576957 14 (c) Violations in specific places.
69586958 15 (1) A person who violates subsection 24-1(a)(6) or
69596959 16 24-1(a)(7) in any school, regardless of the time of day or
69606960 17 the time of year, in residential property owned, operated
69616961 18 or managed by a public housing agency or leased by a public
69626962 19 housing agency as part of a scattered site or mixed-income
69636963 20 development, in a public park, in a courthouse, on the
69646964 21 real property comprising any school, regardless of the
69656965 22 time of day or the time of year, on residential property
69666966 23 owned, operated or managed by a public housing agency or
69676967 24 leased by a public housing agency as part of a scattered
69686968 25 site or mixed-income development, on the real property
69696969 26 comprising any public park, on the real property
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69806980 1 comprising any courthouse, in any conveyance owned, leased
69816981 2 or contracted by a school to transport students to or from
69826982 3 school or a school related activity, in any conveyance
69836983 4 owned, leased, or contracted by a public transportation
69846984 5 agency, or on any public way within 1,000 feet of the real
69856985 6 property comprising any school, public park, courthouse,
69866986 7 public transportation facility, or residential property
69876987 8 owned, operated, or managed by a public housing agency or
69886988 9 leased by a public housing agency as part of a scattered
69896989 10 site or mixed-income development commits a Class 2 felony
69906990 11 and shall be sentenced to a term of imprisonment of not
69916991 12 less than 3 years and not more than 7 years.
69926992 13 (1.5) A person who violates subsection 24-1(a)(4),
69936993 14 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
69946994 15 the time of day or the time of year, in residential
69956995 16 property owned, operated, or managed by a public housing
69966996 17 agency or leased by a public housing agency as part of a
69976997 18 scattered site or mixed-income development, in a public
69986998 19 park, in a courthouse, on the real property comprising any
69996999 20 school, regardless of the time of day or the time of year,
70007000 21 on residential property owned, operated, or managed by a
70017001 22 public housing agency or leased by a public housing agency
70027002 23 as part of a scattered site or mixed-income development,
70037003 24 on the real property comprising any public park, on the
70047004 25 real property comprising any courthouse, in any conveyance
70057005 26 owned, leased, or contracted by a school to transport
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70167016 1 students to or from school or a school related activity,
70177017 2 in any conveyance owned, leased, or contracted by a public
70187018 3 transportation agency, or on any public way within 1,000
70197019 4 feet of the real property comprising any school, public
70207020 5 park, courthouse, public transportation facility, or
70217021 6 residential property owned, operated, or managed by a
70227022 7 public housing agency or leased by a public housing agency
70237023 8 as part of a scattered site or mixed-income development
70247024 9 commits a Class 3 felony.
70257025 10 (2) A person who violates subsection 24-1(a)(1),
70267026 11 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
70277027 12 time of day or the time of year, in residential property
70287028 13 owned, operated or managed by a public housing agency or
70297029 14 leased by a public housing agency as part of a scattered
70307030 15 site or mixed-income development, in a public park, in a
70317031 16 courthouse, on the real property comprising any school,
70327032 17 regardless of the time of day or the time of year, on
70337033 18 residential property owned, operated or managed by a
70347034 19 public housing agency or leased by a public housing agency
70357035 20 as part of a scattered site or mixed-income development,
70367036 21 on the real property comprising any public park, on the
70377037 22 real property comprising any courthouse, in any conveyance
70387038 23 owned, leased or contracted by a school to transport
70397039 24 students to or from school or a school related activity,
70407040 25 in any conveyance owned, leased, or contracted by a public
70417041 26 transportation agency, or on any public way within 1,000
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70527052 1 feet of the real property comprising any school, public
70537053 2 park, courthouse, public transportation facility, or
70547054 3 residential property owned, operated, or managed by a
70557055 4 public housing agency or leased by a public housing agency
70567056 5 as part of a scattered site or mixed-income development
70577057 6 commits a Class 4 felony. "Courthouse" means any building
70587058 7 that is used by the Circuit, Appellate, or Supreme Court
70597059 8 of this State for the conduct of official business.
70607060 9 (3) Paragraphs (1), (1.5), and (2) of this subsection
70617061 10 (c) shall not apply to law enforcement officers or
70627062 11 security officers of such school, college, or university
70637063 12 or to students carrying or possessing firearms for use in
70647064 13 training courses, parades, hunting, target shooting on
70657065 14 school ranges, or otherwise with the consent of school
70667066 15 authorities and which firearms are transported unloaded
70677067 16 enclosed in a suitable case, box, or transportation
70687068 17 package.
70697069 18 (4) For the purposes of this subsection (c), "school"
70707070 19 means any public or private elementary or secondary
70717071 20 school, community college, college, or university.
70727072 21 (5) For the purposes of this subsection (c), "public
70737073 22 transportation agency" means a public or private agency
70747074 23 that provides for the transportation or conveyance of
70757075 24 persons by means available to the general public, except
70767076 25 for transportation by automobiles not used for conveyance
70777077 26 of the general public as passengers; and "public
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70887088 1 transportation facility" means a terminal or other place
70897089 2 where one may obtain public transportation.
70907090 3 (d) The presence in an automobile other than a public
70917091 4 omnibus of any weapon, instrument or substance referred to in
70927092 5 subsection (a)(7) is prima facie evidence that it is in the
70937093 6 possession of, and is being carried by, all persons occupying
70947094 7 such automobile at the time such weapon, instrument or
70957095 8 substance is found, except under the following circumstances:
70967096 9 (i) if such weapon, instrument or instrumentality is found
70977097 10 upon the person of one of the occupants therein; or (ii) if
70987098 11 such weapon, instrument or substance is found in an automobile
70997099 12 operated for hire by a duly licensed driver in the due, lawful
71007100 13 and proper pursuit of his or her trade, then such presumption
71017101 14 shall not apply to the driver.
71027102 15 (e) Exemptions.
71037103 16 (1) Crossbows, Common or Compound bows and Underwater
71047104 17 Spearguns are exempted from the definition of ballistic
71057105 18 knife as defined in paragraph (1) of subsection (a) of
71067106 19 this Section.
71077107 20 (2) The provision of paragraph (1) of subsection (a)
71087108 21 of this Section prohibiting the sale, manufacture,
71097109 22 purchase, possession, or carrying of any knife, commonly
71107110 23 referred to as a switchblade knife, which has a blade that
71117111 24 opens automatically by hand pressure applied to a button,
71127112 25 spring or other device in the handle of the knife, does not
71137113 26 apply to a person eligible under State and federal law to
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71247124 1 possess a firearm who possesses a currently valid Firearm
71257125 2 Owner's Identification Card previously issued in his or
71267126 3 her name by the Illinois State Police or to a person or an
71277127 4 entity engaged in the business of selling or manufacturing
71287128 5 switchblade knives.
71297129 6 (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;
71307130 7 102-1116, eff. 1-10-23.)
71317131 8 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)
71327132 9 Sec. 24-1.1. Unlawful use or possession of weapons by
71337133 10 felons or persons in the custody of the Department of
71347134 11 Corrections facilities.
71357135 12 (a) It is unlawful for a person to knowingly possess on or
71367136 13 about his person or on his land or in his own abode or fixed
71377137 14 place of business any weapon prohibited under Section 24-1 of
71387138 15 this Act or any firearm or any firearm ammunition if the person
71397139 16 has been convicted of a felony under the laws of this State or
71407140 17 any other jurisdiction. This Section shall not apply if the
71417141 18 person has been granted relief under this subsection by the
71427142 19 Director of the Illinois State Police under Section 10 of the
71437143 20 Firearm Owners Identification Card Act. A person prohibited
71447144 21 from possessing a firearm under this subsection (a) may
71457145 22 petition the Director of the Illinois State Police for a
71467146 23 hearing and relief from the prohibition, unless the
71477147 24 prohibition was based upon a forcible felony, stalking,
71487148 25 aggravated stalking, domestic battery, any violation of the
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71597159 1 Illinois Controlled Substances Act, the Methamphetamine
71607160 2 Control and Community Protection Act, or the Cannabis Control
71617161 3 Act that is classified as a Class 2 or greater felony, any
71627162 4 felony violation of Article 24 of the Criminal Code of 1961 or
71637163 5 the Criminal Code of 2012, or any adjudication as a delinquent
71647164 6 minor for the commission of an offense that if committed by an
71657165 7 adult would be a felony, in which case the person may petition
71667166 8 the circuit court in writing in the county of his or her
71677167 9 residence for a hearing and relief from the prohibition. The
71687168 10 Director or court may grant the relief if it is established by
71697169 11 the petitioner to the court's or Director's satisfaction that:
71707170 12 (1) when in the circuit court, the State's Attorney
71717171 13 has been served with a written copy of the petition at
71727172 14 least 30 days before any hearing in the circuit court and
71737173 15 at the hearing the State's Attorney was afforded an
71747174 16 opportunity to present evidence and object to the
71757175 17 petition;
71767176 18 (2) the petitioner has not been convicted of a
71777177 19 forcible felony under the laws of this State or any other
71787178 20 jurisdiction within 20 years of the filing of the
71797179 21 petition, or at least 20 years have passed since the end of
71807180 22 any period of imprisonment imposed in relation to that
71817181 23 conviction;
71827182 24 (3) the circumstances regarding a criminal conviction,
71837183 25 where applicable, the petitioner's criminal history and
71847184 26 his or her reputation are such that the petitioner will
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71957195 1 not be likely to act in a manner dangerous to public
71967196 2 safety;
71977197 3 (4) granting relief would not be contrary to the
71987198 4 public interest; and
71997199 5 (5) granting relief would not be contrary to federal
72007200 6 law.
72017201 7 (b) It is unlawful for any person confined in a penal
72027202 8 institution, which is a facility of the Illinois Department of
72037203 9 Corrections, to possess any weapon prohibited under Section
72047204 10 24-1 of this Code or any firearm or firearm ammunition,
72057205 11 regardless of the intent with which he possesses it.
72067206 12 (c) It shall be an affirmative defense to a violation of
72077207 13 subsection (b), that such possession was specifically
72087208 14 authorized by rule, regulation, or directive of the Illinois
72097209 15 Department of Corrections or order issued pursuant thereto.
72107210 16 (d) The defense of necessity is not available to a person
72117211 17 who is charged with a violation of subsection (b) of this
72127212 18 Section.
72137213 19 (e) Sentence. Violation of this Section by a person not
72147214 20 confined in a penal institution shall be a Class 3 felony for
72157215 21 which the person shall be sentenced to no less than 2 years and
72167216 22 no more than 10 years. A second or subsequent violation of this
72177217 23 Section shall be a Class 2 felony for which the person shall be
72187218 24 sentenced to a term of imprisonment of not less than 3 years
72197219 25 and not more than 14 years, except as provided for in Section
72207220 26 5-4.5-110 of the Unified Code of Corrections. Violation of
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72317231 1 this Section by a person not confined in a penal institution
72327232 2 who has been convicted of a forcible felony, a felony
72337233 3 violation of Article 24 of this Code or of the Firearm Owners
72347234 4 Identification Card Act, stalking or aggravated stalking, or a
72357235 5 Class 2 or greater felony under the Illinois Controlled
72367236 6 Substances Act, the Cannabis Control Act, or the
72377237 7 Methamphetamine Control and Community Protection Act is a
72387238 8 Class 2 felony for which the person shall be sentenced to not
72397239 9 less than 3 years and not more than 14 years, except as
72407240 10 provided for in Section 5-4.5-110 of the Unified Code of
72417241 11 Corrections. Violation of this Section by a person who is on
72427242 12 parole or mandatory supervised release is a Class 2 felony for
72437243 13 which the person shall be sentenced to not less than 3 years
72447244 14 and not more than 14 years, except as provided for in Section
72457245 15 5-4.5-110 of the Unified Code of Corrections. Violation of
72467246 16 this Section by a person not confined in a penal institution is
72477247 17 a Class X felony when the firearm possessed is a machine gun.
72487248 18 Any person who violates this Section while confined in a penal
72497249 19 institution, which is a facility of the Illinois Department of
72507250 20 Corrections, is guilty of a Class 1 felony, if he possesses any
72517251 21 weapon prohibited under Section 24-1 of this Code regardless
72527252 22 of the intent with which he possesses it, a Class X felony if
72537253 23 he possesses any firearm, firearm ammunition or explosive, and
72547254 24 a Class X felony for which the offender shall be sentenced to
72557255 25 not less than 12 years and not more than 50 years when the
72567256 26 firearm possessed is a machine gun. A violation of this
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72677267 1 Section while wearing or in possession of body armor as
72687268 2 defined in Section 33F-1 is a Class X felony punishable by a
72697269 3 term of imprisonment of not less than 10 years and not more
72707270 4 than 40 years. The possession of each firearm or firearm
72717271 5 ammunition in violation of this Section constitutes a single
72727272 6 and separate violation.
72737273 7 (Source: P.A. 102-538, eff. 8-20-21.)
72747274 8 (720 ILCS 5/24-1.6)
72757275 9 Sec. 24-1.6. Aggravated unlawful use of a weapon.
72767276 10 (a) A person commits the offense of aggravated unlawful
72777277 11 use of a weapon when he or she knowingly:
72787278 12 (1) Carries on or about his or her person or in any
72797279 13 vehicle or concealed on or about his or her person except
72807280 14 when on his or her land or in his or her abode, legal
72817281 15 dwelling, or fixed place of business, or on the land or in
72827282 16 the legal dwelling of another person as an invitee with
72837283 17 that person's permission, any pistol, revolver, stun gun
72847284 18 or taser or other firearm; or
72857285 19 (2) Carries or possesses on or about his or her
72867286 20 person, upon any public street, alley, or other public
72877287 21 lands within the corporate limits of a city, village or
72887288 22 incorporated town, except when an invitee thereon or
72897289 23 therein, for the purpose of the display of such weapon or
72907290 24 the lawful commerce in weapons, or except when on his or
72917291 25 her own land or in his or her own abode, legal dwelling, or
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73027302 1 fixed place of business, or on the land or in the legal
73037303 2 dwelling of another person as an invitee with that
73047304 3 person's permission, any pistol, revolver, stun gun or
73057305 4 taser or other firearm; and
73067306 5 (3) One of the following factors is present:
73077307 6 (A) the firearm, other than a pistol, revolver, or
73087308 7 handgun, possessed was uncased, loaded, and
73097309 8 immediately accessible at the time of the offense; or
73107310 9 (A-5) the pistol, revolver, or handgun possessed
73117311 10 was uncased, loaded, and immediately accessible at the
73127312 11 time of the offense and the person possessing the
73137313 12 pistol, revolver, or handgun has not been issued a
73147314 13 currently valid license under the Firearm Concealed
73157315 14 Carry Act; or
73167316 15 (B) the firearm, other than a pistol, revolver, or
73177317 16 handgun, possessed was uncased, unloaded, and the
73187318 17 ammunition for the weapon was immediately accessible
73197319 18 at the time of the offense; or
73207320 19 (B-5) the pistol, revolver, or handgun possessed
73217321 20 was uncased, unloaded, and the ammunition for the
73227322 21 weapon was immediately accessible at the time of the
73237323 22 offense and the person possessing the pistol,
73247324 23 revolver, or handgun has not been issued a currently
73257325 24 valid license under the Firearm Concealed Carry Act;
73267326 25 or
73277327 26 (C) (blank); or the person possessing the firearm
73287328
73297329
73307330
73317331
73327332
73337333 HB2922 - 205 - LRB103 27829 RLC 54207 b
73347334
73357335
73367336 HB2922- 206 -LRB103 27829 RLC 54207 b HB2922 - 206 - LRB103 27829 RLC 54207 b
73377337 HB2922 - 206 - LRB103 27829 RLC 54207 b
73387338 1 has not been issued a currently valid Firearm Owner's
73397339 2 Identification Card; or
73407340 3 (D) the person possessing the weapon was
73417341 4 previously adjudicated a delinquent minor under the
73427342 5 Juvenile Court Act of 1987 for an act that if committed
73437343 6 by an adult would be a felony; or
73447344 7 (E) the person possessing the weapon was engaged
73457345 8 in a misdemeanor violation of the Cannabis Control
73467346 9 Act, in a misdemeanor violation of the Illinois
73477347 10 Controlled Substances Act, or in a misdemeanor
73487348 11 violation of the Methamphetamine Control and Community
73497349 12 Protection Act; or
73507350 13 (F) (blank); or
73517351 14 (G) the person possessing the weapon had an order
73527352 15 of protection issued against him or her within the
73537353 16 previous 2 years; or
73547354 17 (H) the person possessing the weapon was engaged
73557355 18 in the commission or attempted commission of a
73567356 19 misdemeanor involving the use or threat of violence
73577357 20 against the person or property of another; or
73587358 21 (I) the person possessing the weapon was under 21
73597359 22 years of age and in possession of a handgun, unless the
73607360 23 person under 21 is engaged in lawful activities under
73617361 24 the Wildlife Code or described in subsection
73627362 25 24-2(b)(1), (b)(3), or 24-2(f).
73637363 26 (a-5) "Handgun" as used in this Section has the meaning
73647364
73657365
73667366
73677367
73687368
73697369 HB2922 - 206 - LRB103 27829 RLC 54207 b
73707370
73717371
73727372 HB2922- 207 -LRB103 27829 RLC 54207 b HB2922 - 207 - LRB103 27829 RLC 54207 b
73737373 HB2922 - 207 - LRB103 27829 RLC 54207 b
73747374 1 given to it in Section 5 of the Firearm Concealed Carry Act.
73757375 2 (b) "Stun gun or taser" as used in this Section has the
73767376 3 same definition given to it in Section 24-1 of this Code.
73777377 4 (c) This Section does not apply to or affect the
73787378 5 transportation or possession of weapons that:
73797379 6 (i) are broken down in a non-functioning state; or
73807380 7 (ii) are not immediately accessible; or
73817381 8 (iii) are unloaded and enclosed in a case, firearm
73827382 9 carrying box, shipping box, or other container by a person
73837383 10 is eligible under State and federal law to possess a
73847384 11 firearm who has been issued a currently valid Firearm
73857385 12 Owner's Identification Card.
73867386 13 (d) Sentence.
73877387 14 (1) Aggravated unlawful use of a weapon is a Class 4
73887388 15 felony; a second or subsequent offense is a Class 2 felony
73897389 16 for which the person shall be sentenced to a term of
73907390 17 imprisonment of not less than 3 years and not more than 7
73917391 18 years, except as provided for in Section 5-4.5-110 of the
73927392 19 Unified Code of Corrections.
73937393 20 (2) (Blank). Except as otherwise provided in
73947394 21 paragraphs (3) and (4) of this subsection (d), a first
73957395 22 offense of aggravated unlawful use of a weapon committed
73967396 23 with a firearm by a person 18 years of age or older where
73977397 24 the factors listed in both items (A) and (C) or both items
73987398 25 (A-5) and (C) of paragraph (3) of subsection (a) are
73997399 26 present is a Class 4 felony, for which the person shall be
74007400
74017401
74027402
74037403
74047404
74057405 HB2922 - 207 - LRB103 27829 RLC 54207 b
74067406
74077407
74087408 HB2922- 208 -LRB103 27829 RLC 54207 b HB2922 - 208 - LRB103 27829 RLC 54207 b
74097409 HB2922 - 208 - LRB103 27829 RLC 54207 b
74107410 1 sentenced to a term of imprisonment of not less than one
74117411 2 year and not more than 3 years.
74127412 3 (3) Aggravated unlawful use of a weapon by a person
74137413 4 who has been previously convicted of a felony in this
74147414 5 State or another jurisdiction is a Class 2 felony for
74157415 6 which the person shall be sentenced to a term of
74167416 7 imprisonment of not less than 3 years and not more than 7
74177417 8 years, except as provided for in Section 5-4.5-110 of the
74187418 9 Unified Code of Corrections.
74197419 10 (4) Aggravated unlawful use of a weapon while wearing
74207420 11 or in possession of body armor as defined in Section 33F-1
74217421 12 by a person who is prohibited under State or federal law
74227422 13 from possessing a firearm has not been issued a valid
74237423 14 Firearms Owner's Identification Card in accordance with
74247424 15 Section 5 of the Firearm Owners Identification Card Act is
74257425 16 a Class X felony.
74267426 17 (e) The possession of each firearm in violation of this
74277427 18 Section constitutes a single and separate violation.
74287428 19 (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
74297429 20 (720 ILCS 5/24-1.8)
74307430 21 Sec. 24-1.8. Unlawful possession of a firearm by a street
74317431 22 gang member.
74327432 23 (a) A person commits unlawful possession of a firearm by a
74337433 24 street gang member when he or she knowingly:
74347434 25 (1) possesses, carries, or conceals on or about his or
74357435
74367436
74377437
74387438
74397439
74407440 HB2922 - 208 - LRB103 27829 RLC 54207 b
74417441
74427442
74437443 HB2922- 209 -LRB103 27829 RLC 54207 b HB2922 - 209 - LRB103 27829 RLC 54207 b
74447444 HB2922 - 209 - LRB103 27829 RLC 54207 b
74457445 1 her person a firearm and firearm ammunition while on any
74467446 2 street, road, alley, gangway, sidewalk, or any other
74477447 3 lands, except when inside his or her own abode or inside
74487448 4 his or her fixed place of business, and has not been issued
74497449 5 a currently valid Firearm Owner's Identification Card and
74507450 6 is a member of a street gang; or
74517451 7 (2) possesses or carries in any vehicle a firearm and
74527452 8 firearm ammunition which are both immediately accessible
74537453 9 at the time of the offense while on any street, road,
74547454 10 alley, or any other lands, except when inside his or her
74557455 11 own abode or garage, and has not been issued a currently
74567456 12 valid Firearm Owner's Identification Card and is a member
74577457 13 of a street gang.
74587458 14 (b) Unlawful possession of a firearm by a street gang
74597459 15 member is a Class 2 felony for which the person, if sentenced
74607460 16 to a term of imprisonment, shall be sentenced to no less than 3
74617461 17 years and no more than 10 years. A period of probation, a term
74627462 18 of periodic imprisonment or conditional discharge shall not be
74637463 19 imposed for the offense of unlawful possession of a firearm by
74647464 20 a street gang member when the firearm was loaded or contained
74657465 21 firearm ammunition and the court shall sentence the offender
74667466 22 to not less than the minimum term of imprisonment authorized
74677467 23 for the Class 2 felony.
74687468 24 (c) For purposes of this Section:
74697469 25 "Street gang" or "gang" has the meaning ascribed to it
74707470 26 in Section 10 of the Illinois Streetgang Terrorism Omnibus
74717471
74727472
74737473
74747474
74757475
74767476 HB2922 - 209 - LRB103 27829 RLC 54207 b
74777477
74787478
74797479 HB2922- 210 -LRB103 27829 RLC 54207 b HB2922 - 210 - LRB103 27829 RLC 54207 b
74807480 HB2922 - 210 - LRB103 27829 RLC 54207 b
74817481 1 Prevention Act.
74827482 2 "Street gang member" or "gang member" has the meaning
74837483 3 ascribed to it in Section 10 of the Illinois Streetgang
74847484 4 Terrorism Omnibus Prevention Act.
74857485 5 (Source: P.A. 96-829, eff. 12-3-09.)
74867486 6 (720 ILCS 5/24-1.9)
74877487 7 Sec. 24-1.9. Manufacture, possession, delivery, sale, and
74887488 8 purchase of assault weapons, .50 caliber rifles, and .50
74897489 9 caliber cartridges.
74907490 10 (a) Definitions. In this Section:
74917491 11 (1) "Assault weapon" means any of the following, except as
74927492 12 provided in subdivision (2) of this subsection:
74937493 13 (A) A semiautomatic rifle that has the capacity to
74947494 14 accept a detachable magazine or that may be readily
74957495 15 modified to accept a detachable magazine, if the firearm
74967496 16 has one or more of the following:
74977497 17 (i) a pistol grip or thumbhole stock;
74987498 18 (ii) any feature capable of functioning as a
74997499 19 protruding grip that can be held by the non-trigger
75007500 20 hand;
75017501 21 (iii) a folding, telescoping, thumbhole, or
75027502 22 detachable stock, or a stock that is otherwise
75037503 23 foldable or adjustable in a manner that operates to
75047504 24 reduce the length, size, or any other dimension, or
75057505 25 otherwise enhances the concealability of, the weapon;
75067506
75077507
75087508
75097509
75107510
75117511 HB2922 - 210 - LRB103 27829 RLC 54207 b
75127512
75137513
75147514 HB2922- 211 -LRB103 27829 RLC 54207 b HB2922 - 211 - LRB103 27829 RLC 54207 b
75157515 HB2922 - 211 - LRB103 27829 RLC 54207 b
75167516 1 (iv) a flash suppressor;
75177517 2 (v) a grenade launcher;
75187518 3 (vi) a shroud attached to the barrel or that
75197519 4 partially or completely encircles the barrel, allowing
75207520 5 the bearer to hold the firearm with the non-trigger
75217521 6 hand without being burned, but excluding a slide that
75227522 7 encloses the barrel.
75237523 8 (B) A semiautomatic rifle that has a fixed magazine
75247524 9 with the capacity to accept more than 10 rounds, except
75257525 10 for an attached tubular device designed to accept, and
75267526 11 capable of operating only with, .22 caliber rimfire
75277527 12 ammunition.
75287528 13 (C) A semiautomatic pistol that has the capacity to
75297529 14 accept a detachable magazine or that may be readily
75307530 15 modified to accept a detachable magazine, if the firearm
75317531 16 has one or more of the following:
75327532 17 (i) a threaded barrel;
75337533 18 (ii) a second pistol grip or another feature
75347534 19 capable of functioning as a protruding grip that can
75357535 20 be held by the non-trigger hand;
75367536 21 (iii) a shroud attached to the barrel or that
75377537 22 partially or completely encircles the barrel, allowing
75387538 23 the bearer to hold the firearm with the non-trigger
75397539 24 hand without being burned, but excluding a slide that
75407540 25 encloses the barrel;
75417541 26 (iv) a flash suppressor;
75427542
75437543
75447544
75457545
75467546
75477547 HB2922 - 211 - LRB103 27829 RLC 54207 b
75487548
75497549
75507550 HB2922- 212 -LRB103 27829 RLC 54207 b HB2922 - 212 - LRB103 27829 RLC 54207 b
75517551 HB2922 - 212 - LRB103 27829 RLC 54207 b
75527552 1 (v) the capacity to accept a detachable magazine
75537553 2 at some location outside of the pistol grip; or
75547554 3 (vi) a buffer tube, arm brace, or other part that
75557555 4 protrudes horizontally behind the pistol grip and is
75567556 5 designed or redesigned to allow or facilitate a
75577557 6 firearm to be fired from the shoulder.
75587558 7 (D) A semiautomatic pistol that has a fixed magazine
75597559 8 with the capacity to accept more than 15 rounds.
75607560 9 (E) Any shotgun with a revolving cylinder.
75617561 10 (F) A semiautomatic shotgun that has one or more of
75627562 11 the following:
75637563 12 (i) a pistol grip or thumbhole stock;
75647564 13 (ii) any feature capable of functioning as a
75657565 14 protruding grip that can be held by the non-trigger
75667566 15 hand;
75677567 16 (iii) a folding or thumbhole stock;
75687568 17 (iv) a grenade launcher;
75697569 18 (v) a fixed magazine with the capacity of more
75707570 19 than 5 rounds; or
75717571 20 (vi) the capacity to accept a detachable magazine.
75727572 21 (G) Any semiautomatic firearm that has the capacity to
75737573 22 accept a belt ammunition feeding device.
75747574 23 (H) Any firearm that has been modified to be operable
75757575 24 as an assault weapon as defined in this Section.
75767576 25 (I) Any part or combination of parts designed or
75777577 26 intended to convert a firearm into an assault weapon,
75787578
75797579
75807580
75817581
75827582
75837583 HB2922 - 212 - LRB103 27829 RLC 54207 b
75847584
75857585
75867586 HB2922- 213 -LRB103 27829 RLC 54207 b HB2922 - 213 - LRB103 27829 RLC 54207 b
75877587 HB2922 - 213 - LRB103 27829 RLC 54207 b
75887588 1 including any combination of parts from which an assault
75897589 2 weapon may be readily assembled if those parts are in the
75907590 3 possession or under the control of the same person.
75917591 4 (J) All of the following rifles, copies, duplicates,
75927592 5 variants, or altered facsimiles with the capability of any
75937593 6 such weapon:
75947594 7 (i) All AK types, including the following:
75957595 8 (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM,
75967596 9 MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms
75977597 10 AK-47, VEPR, WASR-10, and WUM.
75987598 11 (II) IZHMASH Saiga AK.
75997599 12 (III) MAADI AK47 and ARM.
76007600 13 (IV) Norinco 56S, 56S2, 84S, and 86S.
76017601 14 (V) Poly Technologies AK47 and AKS.
76027602 15 (VI) SKS with a detachable magazine.
76037603 16 (ii) all AR types, including the following:
76047604 17 (I) AR-10.
76057605 18 (II) AR-15.
76067606 19 (III) Alexander Arms Overmatch Plus 16.
76077607 20 (IV) Armalite M15 22LR Carbine.
76087608 21 (V) Armalite M15-T.
76097609 22 (VI) Barrett REC7.
76107610 23 (VII) Beretta AR-70.
76117611 24 (VIII) Black Rain Ordnance Recon Scout.
76127612 25 (IX) Bushmaster ACR.
76137613 26 (X) Bushmaster Carbon 15.
76147614
76157615
76167616
76177617
76187618
76197619 HB2922 - 213 - LRB103 27829 RLC 54207 b
76207620
76217621
76227622 HB2922- 214 -LRB103 27829 RLC 54207 b HB2922 - 214 - LRB103 27829 RLC 54207 b
76237623 HB2922 - 214 - LRB103 27829 RLC 54207 b
76247624 1 (XI) Bushmaster MOE series.
76257625 2 (XII) Bushmaster XM15.
76267626 3 (XIII) Chiappa Firearms MFour rifles.
76277627 4 (XIV) Colt Match Target rifles.
76287628 5 (XV) CORE Rifle Systems CORE15 rifles.
76297629 6 (XVI) Daniel Defense M4A1 rifles.
76307630 7 (XVII) Devil Dog Arms 15 Series rifles.
76317631 8 (XVIII) Diamondback DB15 rifles.
76327632 9 (XIX) DoubleStar AR rifles.
76337633 10 (XX) DPMS Tactical rifles.
76347634 11 (XXI) DSA Inc. ZM-4 Carbine.
76357635 12 (XXII) Heckler & Koch MR556.
76367636 13 (XXIII) High Standard HSA-15 rifles.
76377637 14 (XXIV) Jesse James Nomad AR-15 rifle.
76387638 15 (XXV) Knight's Armament SR-15.
76397639 16 (XXVI) Lancer L15 rifles.
76407640 17 (XXVII) MGI Hydra Series rifles.
76417641 18 (XXVIII) Mossberg MMR Tactical rifles.
76427642 19 (XXIX) Noreen Firearms BN 36 rifle.
76437643 20 (XXX) Olympic Arms.
76447644 21 (XXXI) POF USA P415.
76457645 22 (XXXII) Precision Firearms AR rifles.
76467646 23 (XXXIII) Remington R-15 rifles.
76477647 24 (XXXIV) Rhino Arms AR rifles.
76487648 25 (XXXV) Rock River Arms LAR-15 or Rock River
76497649 26 Arms LAR-47.
76507650
76517651
76527652
76537653
76547654
76557655 HB2922 - 214 - LRB103 27829 RLC 54207 b
76567656
76577657
76587658 HB2922- 215 -LRB103 27829 RLC 54207 b HB2922 - 215 - LRB103 27829 RLC 54207 b
76597659 HB2922 - 215 - LRB103 27829 RLC 54207 b
76607660 1 (XXXVI) Sig Sauer SIG516 rifles and MCX
76617661 2 rifles.
76627662 3 (XXXVII) Smith & Wesson M&P15 rifles.
76637663 4 (XXXVIII) Stag Arms AR rifles.
76647664 5 (XXXIX) Sturm, Ruger & Co. SR556 and AR-556
76657665 6 rifles.
76667666 7 (XL) Uselton Arms Air-Lite M-4 rifles.
76677667 8 (XLI) Windham Weaponry AR rifles.
76687668 9 (XLII) WMD Guns Big Beast.
76697669 10 (XLIII) Yankee Hill Machine Company, Inc.
76707670 11 YHM-15 rifles.
76717671 12 (iii) Barrett M107A1.
76727672 13 (iv) Barrett M82A1.
76737673 14 (v) Beretta CX4 Storm.
76747674 15 (vi) Calico Liberty Series.
76757675 16 (vii) CETME Sporter.
76767676 17 (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and
76777677 18 AR 110C.
76787678 19 (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22
76797679 20 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
76807680 21 (x) Feather Industries AT-9.
76817681 22 (xi) Galil Model AR and Model ARM.
76827682 23 (xii) Hi-Point Carbine.
76837683 24 (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.
76847684 25 (xiv) IWI TAVOR, Galil ACE rifle.
76857685 26 (xv) Kel-Tec Sub-2000, SU-16, and RFB.
76867686
76877687
76887688
76897689
76907690
76917691 HB2922 - 215 - LRB103 27829 RLC 54207 b
76927692
76937693
76947694 HB2922- 216 -LRB103 27829 RLC 54207 b HB2922 - 216 - LRB103 27829 RLC 54207 b
76957695 HB2922 - 216 - LRB103 27829 RLC 54207 b
76967696 1 (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig
76977697 2 Sauer SG 551, and SIG MCX.
76987698 3 (xvii) Springfield Armory SAR-48.
76997699 4 (xviii) Steyr AUG.
77007700 5 (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle
77017701 6 M-14/20CF.
77027702 7 (xx) All Thompson rifles, including the following:
77037703 8 (I) Thompson M1SB.
77047704 9 (II) Thompson T1100D.
77057705 10 (III) Thompson T150D.
77067706 11 (IV) Thompson T1B.
77077707 12 (V) Thompson T1B100D.
77087708 13 (VI) Thompson T1B50D.
77097709 14 (VII) Thompson T1BSB.
77107710 15 (VIII) Thompson T1-C.
77117711 16 (IX) Thompson T1D.
77127712 17 (X) Thompson T1SB.
77137713 18 (XI) Thompson T5.
77147714 19 (XII) Thompson T5100D.
77157715 20 (XIII) Thompson TM1.
77167716 21 (XIV) Thompson TM1C.
77177717 22 (xxi) UMAREX UZI rifle.
77187718 23 (xxii) UZI Mini Carbine, UZI Model A Carbine, and
77197719 24 UZI Model B Carbine.
77207720 25 (xxiii) Valmet M62S, M71S, and M78.
77217721 26 (xxiv) Vector Arms UZI Type.
77227722
77237723
77247724
77257725
77267726
77277727 HB2922 - 216 - LRB103 27829 RLC 54207 b
77287728
77297729
77307730 HB2922- 217 -LRB103 27829 RLC 54207 b HB2922 - 217 - LRB103 27829 RLC 54207 b
77317731 HB2922 - 217 - LRB103 27829 RLC 54207 b
77327732 1 (xxv) Weaver Arms Nighthawk.
77337733 2 (xxvi) Wilkinson Arms Linda Carbine.
77347734 3 (K) All of the following pistols, copies, duplicates,
77357735 4 variants, or altered facsimiles with the capability of any
77367736 5 such weapon thereof:
77377737 6 (i) All AK types, including the following:
77387738 7 (I) Centurion 39 AK pistol.
77397739 8 (II) CZ Scorpion pistol.
77407740 9 (III) Draco AK-47 pistol.
77417741 10 (IV) HCR AK-47 pistol.
77427742 11 (V) IO Inc. Hellpup AK-47 pistol.
77437743 12 (VI) Krinkov pistol.
77447744 13 (VII) Mini Draco AK-47 pistol.
77457745 14 (VIII) PAP M92 pistol.
77467746 15 (IX) Yugo Krebs Krink pistol.
77477747 16 (ii) All AR types, including the following:
77487748 17 (I) American Spirit AR-15 pistol.
77497749 18 (II) Bushmaster Carbon 15 pistol.
77507750 19 (III) Chiappa Firearms M4 Pistol GEN II.
77517751 20 (IV) CORE Rifle Systems CORE15 Roscoe pistol.
77527752 21 (V) Daniel Defense MK18 pistol.
77537753 22 (VI) DoubleStar Corporation AR pistol.
77547754 23 (VII) DPMS AR-15 pistol.
77557755 24 (VIII) Jesse James Nomad AR-15 pistol.
77567756 25 (IX) Olympic Arms AR-15 pistol.
77577757 26 (X) Osprey Armament MK-18 pistol.
77587758
77597759
77607760
77617761
77627762
77637763 HB2922 - 217 - LRB103 27829 RLC 54207 b
77647764
77657765
77667766 HB2922- 218 -LRB103 27829 RLC 54207 b HB2922 - 218 - LRB103 27829 RLC 54207 b
77677767 HB2922 - 218 - LRB103 27829 RLC 54207 b
77687768 1 (XI) POF USA AR pistols.
77697769 2 (XII) Rock River Arms LAR 15 pistol.
77707770 3 (XIII) Uselton Arms Air-Lite M-4 pistol.
77717771 4 (iii) Calico pistols.
77727772 5 (iv) DSA SA58 PKP FAL pistol.
77737773 6 (v) Encom MP-9 and MP-45.
77747774 7 (vi) Heckler & Koch model SP-89 pistol.
77757775 8 (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and
77767776 9 TEC-DC9.
77777777 10 (viii) IWI Galil Ace pistol, UZI PRO pistol.
77787778 11 (ix) Kel-Tec PLR 16 pistol.
77797779 12 (x) All MAC types, including the following:
77807780 13 (I) MAC-10.
77817781 14 (II) MAC-11.
77827782 15 (III) Masterpiece Arms MPA A930 Mini Pistol,
77837783 16 MPA460 Pistol, MPA Tactical Pistol, and MPA Mini
77847784 17 Tactical Pistol.
77857785 18 (IV) Military Armament Corp. Ingram M-11.
77867786 19 (V) Velocity Arms VMAC.
77877787 20 (xi) Sig Sauer P556 pistol.
77887788 21 (xii) Sites Spectre.
77897789 22 (xiii) All Thompson types, including the
77907790 23 following:
77917791 24 (I) Thompson TA510D.
77927792 25 (II) Thompson TA5.
77937793 26 (xiv) All UZI types, including Micro-UZI.
77947794
77957795
77967796
77977797
77987798
77997799 HB2922 - 218 - LRB103 27829 RLC 54207 b
78007800
78017801
78027802 HB2922- 219 -LRB103 27829 RLC 54207 b HB2922 - 219 - LRB103 27829 RLC 54207 b
78037803 HB2922 - 219 - LRB103 27829 RLC 54207 b
78047804 1 (L) All of the following shotguns, copies, duplicates,
78057805 2 variants, or altered facsimiles with the capability of any
78067806 3 such weapon thereof:
78077807 4 (i) DERYA Anakon MC-1980, Anakon SD12.
78087808 5 (ii) Doruk Lethal shotguns.
78097809 6 (iii) Franchi LAW-12 and SPAS 12.
78107810 7 (iv) All IZHMASH Saiga 12 types, including the
78117811 8 following:
78127812 9 (I) IZHMASH Saiga 12.
78137813 10 (II) IZHMASH Saiga 12S.
78147814 11 (III) IZHMASH Saiga 12S EXP-01.
78157815 12 (IV) IZHMASH Saiga 12K.
78167816 13 (V) IZHMASH Saiga 12K-030.
78177817 14 (VI) IZHMASH Saiga 12K-040 Taktika.
78187818 15 (v) Streetsweeper.
78197819 16 (vi) Striker 12.
78207820 17 (2) "Assault weapon" does not include:
78217821 18 (A) Any firearm that is an unserviceable firearm or
78227822 19 has been made permanently inoperable.
78237823 20 (B) An antique firearm or a replica of an antique
78247824 21 firearm.
78257825 22 (C) A firearm that is manually operated by bolt, pump,
78267826 23 lever or slide action, unless the firearm is a shotgun
78277827 24 with a revolving cylinder.
78287828 25 (D) Any air rifle as defined in Section 24.8-0.1 of
78297829 26 this Code.
78307830
78317831
78327832
78337833
78347834
78357835 HB2922 - 219 - LRB103 27829 RLC 54207 b
78367836
78377837
78387838 HB2922- 220 -LRB103 27829 RLC 54207 b HB2922 - 220 - LRB103 27829 RLC 54207 b
78397839 HB2922 - 220 - LRB103 27829 RLC 54207 b
78407840 1 (E) Any handgun, as defined under the Firearm
78417841 2 Concealed Carry Act, unless otherwise listed in this
78427842 3 Section.
78437843 4 (3) "Assault weapon attachment" means any device capable
78447844 5 of being attached to a firearm that is specifically designed
78457845 6 for making or converting a firearm into any of the firearms
78467846 7 listed in paragraph (1) of this subsection (a).
78477847 8 (4) "Antique firearm" has the meaning ascribed to it in 18
78487848 9 U.S.C. 921(a)(16).
78497849 10 (5) ".50 caliber rifle" means a centerfire rifle capable
78507850 11 of firing a .50 caliber cartridge. The term does not include
78517851 12 any antique firearm, any shotgun including a shotgun that has
78527852 13 a rifle barrel, or any muzzle-loader which uses black powder
78537853 14 for hunting or historical reenactments.
78547854 15 (6) ".50 caliber cartridge" means a cartridge in .50 BMG
78557855 16 caliber, either by designation or actual measurement, that is
78567856 17 capable of being fired from a centerfire rifle. The term ".50
78577857 18 caliber cartridge" does not include any memorabilia or display
78587858 19 item that is filled with a permanent inert substance or that is
78597859 20 otherwise permanently altered in a manner that prevents ready
78607860 21 modification for use as live ammunition or shotgun ammunition
78617861 22 with a caliber measurement that is equal to or greater than .50
78627862 23 caliber.
78637863 24 (7) "Detachable magazine" means an ammunition feeding
78647864 25 device that may be removed from a firearm without disassembly
78657865 26 of the firearm action, including an ammunition feeding device
78667866
78677867
78687868
78697869
78707870
78717871 HB2922 - 220 - LRB103 27829 RLC 54207 b
78727872
78737873
78747874 HB2922- 221 -LRB103 27829 RLC 54207 b HB2922 - 221 - LRB103 27829 RLC 54207 b
78757875 HB2922 - 221 - LRB103 27829 RLC 54207 b
78767876 1 that may be readily removed from a firearm with the use of a
78777877 2 bullet, cartridge, accessory, or other tool, or any other
78787878 3 object that functions as a tool, including a bullet or
78797879 4 cartridge.
78807880 5 (8) "Fixed magazine" means an ammunition feeding device
78817881 6 that is permanently attached to a firearm, or contained in and
78827882 7 not removable from a firearm, or that is otherwise not a
78837883 8 detachable magazine, but does not include an attached tubular
78847884 9 device designed to accept, and capable of operating only with,
78857885 10 .22 caliber rimfire ammunition.
78867886 11 (b) Except as provided in subsections (c), (d), and (e),
78877887 12 on or after the effective date of this amendatory Act of the
78887888 13 102nd General Assembly, it is unlawful for any person within
78897889 14 this State to knowingly manufacture, deliver, sell, import, or
78907890 15 purchase or cause to be manufactured, delivered, sold,
78917891 16 imported, or purchased by another, an assault weapon, assault
78927892 17 weapon attachment, .50 caliber rifle, or .50 caliber
78937893 18 cartridge.
78947894 19 (c) Except as otherwise provided in subsection (d),
78957895 20 beginning January 1, 2024, it is unlawful for any person
78967896 21 within this State to knowingly possess an assault weapon,
78977897 22 assault weapon attachment, .50 caliber rifle, or .50 caliber
78987898 23 cartridge.
78997899 24 (d) This Section does not apply to a person's possession
79007900 25 of an assault weapon, assault weapon attachment, .50 caliber
79017901 26 rifle, or .50 caliber cartridge device if the person lawfully
79027902
79037903
79047904
79057905
79067906
79077907 HB2922 - 221 - LRB103 27829 RLC 54207 b
79087908
79097909
79107910 HB2922- 222 -LRB103 27829 RLC 54207 b HB2922 - 222 - LRB103 27829 RLC 54207 b
79117911 HB2922 - 222 - LRB103 27829 RLC 54207 b
79127912 1 possessed that assault weapon, assault weapon attachment, .50
79137913 2 caliber rifle, or .50 caliber cartridge prohibited by
79147914 3 subsection (c) of this Section, if the person has provided in
79157915 4 an endorsement affidavit, prior to January 1, 2024, under oath
79167916 5 or affirmation and in the form and manner prescribed by the
79177917 6 Illinois State Police, no later than October 1, 2023:
79187918 7 (1) the affiant's Firearm Owner's Identification Card
79197919 8 number;
79207920 9 (2) an affirmation that the affiant: (i) possessed an
79217921 10 assault weapon, assault weapon attachment, .50 caliber
79227922 11 rifle, or .50 caliber cartridge before the effective date
79237923 12 of this amendatory Act of the 102nd General Assembly; or
79247924 13 (ii) inherited the assault weapon, assault weapon
79257925 14 attachment, .50 caliber rifle, or .50 caliber cartridge
79267926 15 from a person with an endorsement under this Section or
79277927 16 from a person authorized under subdivisions (1) through
79287928 17 (5) of subsection (e) to possess the assault weapon,
79297929 18 assault weapon attachment, .50 caliber rifle, or .50
79307930 19 caliber cartridge; and
79317931 20 (3) the make, model, caliber, and serial number of the
79327932 21 .50 caliber rifle or assault weapon or assault weapons
79337933 22 listed in paragraphs (J), (K), and (L) of subdivision (1)
79347934 23 of subsection (a) of this Section possessed by the affiant
79357935 24 prior to the effective date of this amendatory Act of the
79367936 25 102nd General Assembly and any assault weapons identified
79377937 26 and published by the Illinois State Police pursuant to
79387938
79397939
79407940
79417941
79427942
79437943 HB2922 - 222 - LRB103 27829 RLC 54207 b
79447944
79457945
79467946 HB2922- 223 -LRB103 27829 RLC 54207 b HB2922 - 223 - LRB103 27829 RLC 54207 b
79477947 HB2922 - 223 - LRB103 27829 RLC 54207 b
79487948 1 this subdivision (3). No later than October 1, 2023, and
79497949 2 every October 1 thereafter, the Illinois State Police
79507950 3 shall, via rulemaking, identify, publish, and make
79517951 4 available on its website, the list of assault weapons
79527952 5 subject to an endorsement affidavit under this subsection
79537953 6 (d). The list shall identify, but is not limited to, the
79547954 7 copies, duplicates, variants, and altered facsimiles of
79557955 8 the assault weapons identified in paragraphs (J), (K), and
79567956 9 (L) of subdivision (1) of subsection (a) of this Section
79577957 10 and shall be consistent with the definition of "assault
79587958 11 weapon" identified in this Section. The Illinois State
79597959 12 Police may adopt emergency rulemaking in accordance with
79607960 13 Section 5-45 of the Illinois Administrative Procedure Act.
79617961 14 The adoption of emergency rules authorized by Section 5-45
79627962 15 of the Illinois Administrative Procedure Act and this
79637963 16 paragraph is deemed to be necessary for the public
79647964 17 interest, safety, and welfare.
79657965 18 The affidavit form shall include the following statement
79667966 19 printed in bold type: "Warning: Entering false information on
79677967 20 this form is punishable as perjury under Section 32-2 of the
79687968 21 Criminal Code of 2012. Entering false information on this form
79697969 22 is a violation of the Firearm Owners Identification Card Act."
79707970 23 In any administrative, civil, or criminal proceeding in
79717971 24 this State, a completed endorsement affidavit submitted to the
79727972 25 Illinois State Police by a person under this Section creates a
79737973 26 rebuttable presumption that the person is entitled to possess
79747974
79757975
79767976
79777977
79787978
79797979 HB2922 - 223 - LRB103 27829 RLC 54207 b
79807980
79817981
79827982 HB2922- 224 -LRB103 27829 RLC 54207 b HB2922 - 224 - LRB103 27829 RLC 54207 b
79837983 HB2922 - 224 - LRB103 27829 RLC 54207 b
79847984 1 and transport the assault weapon, assault weapon attachment,
79857985 2 .50 caliber rifle, or .50 caliber cartridge.
79867986 3 Beginning 90 days after the effective date of this
79877987 4 amendatory Act of the 102nd General Assembly, a person
79887988 5 authorized under this Section to possess an assault weapon,
79897989 6 assault weapon attachment, .50 caliber rifle, or .50 caliber
79907990 7 cartridge shall possess such items only:
79917991 8 (1) on private property owned or immediately
79927992 9 controlled by the person;
79937993 10 (2) on private property that is not open to the public
79947994 11 with the express permission of the person who owns or
79957995 12 immediately controls such property;
79967996 13 (3) while on the premises of a licensed firearms
79977997 14 dealer or gunsmith for the purpose of lawful repair;
79987998 15 (4) while engaged in the legal use of the assault
79997999 16 weapon, assault weapon attachment, .50 caliber rifle, or
80008000 17 .50 caliber cartridge at a properly licensed firing range
80018001 18 or sport shooting competition venue; or
80028002 19 (5) while traveling to or from these locations,
80038003 20 provided that the assault weapon, assault weapon
80048004 21 attachment, or .50 caliber rifle is unloaded and the
80058005 22 assault weapon, assault weapon attachment, .50 caliber
80068006 23 rifle, or .50 caliber cartridge is enclosed in a case,
80078007 24 firearm carrying box, shipping box, or other container.
80088008 25 Beginning on January 1, 2024, the person with the
80098009 26 endorsement for an assault weapon, assault weapon attachment,
80108010
80118011
80128012
80138013
80148014
80158015 HB2922 - 224 - LRB103 27829 RLC 54207 b
80168016
80178017
80188018 HB2922- 225 -LRB103 27829 RLC 54207 b HB2922 - 225 - LRB103 27829 RLC 54207 b
80198019 HB2922 - 225 - LRB103 27829 RLC 54207 b
80208020 1 .50 caliber rifle, or .50 caliber cartridge or a person
80218021 2 authorized under subdivisions (1) through (5) of subsection
80228022 3 (e) to possess an assault weapon, assault weapon attachment,
80238023 4 .50 caliber rifle, or .50 caliber cartridge may transfer the
80248024 5 assault weapon, assault weapon attachment, .50 caliber rifle,
80258025 6 or .50 caliber cartridge only to an heir, an individual
80268026 7 residing in another state maintaining it in another state, or
80278027 8 a dealer licensed as a federal firearms dealer under Section
80288028 9 923 of the federal Gun Control Act of 1968. Within 10 days
80298029 10 after transfer of the weapon except to an heir, the person
80308030 11 shall notify the Illinois State Police of the name and address
80318031 12 of the transferee and comply with the requirements of
80328032 13 subsection (b) of Section 3 of the Firearm Owners
80338033 14 Identification Card Act. The person to whom the weapon or
80348034 15 ammunition is transferred shall, within 60 days of the
80358035 16 transfer, complete an affidavit required under this Section. A
80368036 17 person to whom the weapon is transferred may transfer it only
80378037 18 as provided in this subsection.
80388038 19 Except as provided in subsection (e) and beginning on
80398039 20 January 1, 2024, any person who moves into this State in
80408040 21 possession of an assault weapon, assault weapon attachment,
80418041 22 .50 caliber rifle, or .50 caliber cartridge shall, within 60
80428042 23 days, apply for a Firearm Owners Identification Card and
80438043 24 complete an endorsement application as outlined in subsection
80448044 25 (d).
80458045 26 Notwithstanding any other law, information contained in
80468046
80478047
80488048
80498049
80508050
80518051 HB2922 - 225 - LRB103 27829 RLC 54207 b
80528052
80538053
80548054 HB2922- 226 -LRB103 27829 RLC 54207 b HB2922 - 226 - LRB103 27829 RLC 54207 b
80558055 HB2922 - 226 - LRB103 27829 RLC 54207 b
80568056 1 the endorsement affidavit shall be confidential, is exempt
80578057 2 from disclosure under the Freedom of Information Act, and
80588058 3 shall not be disclosed, except to law enforcement agencies
80598059 4 acting in the performance of their duties.
80608060 5 (e) The provisions of this Section regarding the purchase
80618061 6 or possession of assault weapons, assault weapon attachments,
80628062 7 .50 caliber rifles, and .50 cartridges, as well as the
80638063 8 provisions of this Section that prohibit causing those items
80648064 9 to be purchased or possessed, do not apply to:
80658065 10 (1) Peace officers, as defined in Section 2-13 of this
80668066 11 Code.
80678067 12 (2) Qualified law enforcement officers and qualified
80688068 13 retired law enforcement officers as defined in the Law
80698069 14 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
80708070 15 and 926C) and as recognized under Illinois law.
80718071 16 (3) Acquisition and possession by a federal, State, or
80728072 17 local law enforcement agency for the purpose of equipping
80738073 18 the agency's peace officers as defined in paragraph (1) or
80748074 19 (2) of this subsection (e).
80758075 20 (4) Wardens, superintendents, and keepers of prisons,
80768076 21 penitentiaries, jails, and other institutions for the
80778077 22 detention of persons accused or convicted of an offense.
80788078 23 (5) Members of the Armed Services or Reserve Forces of
80798079 24 the United States or the Illinois National Guard, while
80808080 25 performing their official duties or while traveling to or
80818081 26 from their places of duty.
80828082
80838083
80848084
80858085
80868086
80878087 HB2922 - 226 - LRB103 27829 RLC 54207 b
80888088
80898089
80908090 HB2922- 227 -LRB103 27829 RLC 54207 b HB2922 - 227 - LRB103 27829 RLC 54207 b
80918091 HB2922 - 227 - LRB103 27829 RLC 54207 b
80928092 1 (6) Any company that employs armed security officers
80938093 2 in this State at a nuclear energy, storage, weapons, or
80948094 3 development site or facility regulated by the federal
80958095 4 Nuclear Regulatory Commission and any person employed as
80968096 5 an armed security force member at a nuclear energy,
80978097 6 storage, weapons, or development site or facility
80988098 7 regulated by the federal Nuclear Regulatory Commission who
80998099 8 has completed the background screening and training
81008100 9 mandated by the rules and regulations of the federal
81018101 10 Nuclear Regulatory Commission and while performing
81028102 11 official duties.
81038103 12 (7) Any private security contractor agency licensed
81048104 13 under the Private Detective, Private Alarm, Private
81058105 14 Security, Fingerprint Vendor, and Locksmith Act of 2004
81068106 15 that employs private security contractors and any private
81078107 16 security contractor who is licensed and has been issued a
81088108 17 firearm control card under the Private Detective, Private
81098109 18 Alarm, Private Security, Fingerprint Vendor, and Locksmith
81108110 19 Act of 2004 while performing official duties.
81118111 20 The provisions of this Section do not apply to the
81128112 21 manufacture, delivery, sale, import, purchase, or possession
81138113 22 of an assault weapon, assault weapon attachment, .50 caliber
81148114 23 rifle, or .50 caliber cartridge or causing the manufacture,
81158115 24 delivery, sale, importation, purchase, or possession of those
81168116 25 items:
81178117 26 (A) for sale or transfer to persons authorized under
81188118
81198119
81208120
81218121
81228122
81238123 HB2922 - 227 - LRB103 27829 RLC 54207 b
81248124
81258125
81268126 HB2922- 228 -LRB103 27829 RLC 54207 b HB2922 - 228 - LRB103 27829 RLC 54207 b
81278127 HB2922 - 228 - LRB103 27829 RLC 54207 b
81288128 1 subdivisions (1) through (7) of this subsection (e) to
81298129 2 possess those items;
81308130 3 (B) for sale or transfer to the United States or any
81318131 4 department or agency thereof; or
81328132 5 (C) for sale or transfer in another state or for
81338133 6 export.
81348134 7 This Section does not apply to or affect any of the
81358135 8 following:
81368136 9 (i) Possession of any firearm if that firearm is
81378137 10 sanctioned by the International Olympic Committee and by
81388138 11 USA Shooting, the national governing body for
81398139 12 international shooting competition in the United States,
81408140 13 but only when the firearm is in the actual possession of an
81418141 14 Olympic target shooting competitor or target shooting
81428142 15 coach for the purpose of storage, transporting to and from
81438143 16 Olympic target shooting practice or events if the firearm
81448144 17 is broken down in a nonfunctioning state, is not
81458145 18 immediately accessible, or is unloaded and enclosed in a
81468146 19 firearm case, carrying box, shipping box, or other similar
81478147 20 portable container designed for the safe transportation of
81488148 21 firearms, and when the Olympic target shooting competitor
81498149 22 or target shooting coach is engaging in those practices or
81508150 23 events. For the purposes of this paragraph (8), "firearm"
81518151 24 has the meaning provided in Section 2-7.5 1.1 of the
81528152 25 Firearm Owners Identification Card Act.
81538153 26 (ii) Any nonresident who transports, within 24 hours,
81548154
81558155
81568156
81578157
81588158
81598159 HB2922 - 228 - LRB103 27829 RLC 54207 b
81608160
81618161
81628162 HB2922- 229 -LRB103 27829 RLC 54207 b HB2922 - 229 - LRB103 27829 RLC 54207 b
81638163 HB2922 - 229 - LRB103 27829 RLC 54207 b
81648164 1 a weapon for any lawful purpose from any place where the
81658165 2 nonresident may lawfully possess and carry that weapon to
81668166 3 any other place where the nonresident may lawfully possess
81678167 4 and carry that weapon if, during the transportation, the
81688168 5 weapon is unloaded, and neither the weapon nor any
81698169 6 ammunition being transported is readily accessible or is
81708170 7 directly accessible from the passenger compartment of the
81718171 8 transporting vehicle. In the case of a vehicle without a
81728172 9 compartment separate from the driver's compartment, the
81738173 10 weapon or ammunition shall be contained in a locked
81748174 11 container other than the glove compartment or console.
81758175 12 (iii) Possession of a weapon at an event taking place
81768176 13 at the World Shooting and Recreational Complex at Sparta,
81778177 14 only while engaged in the legal use of the weapon, or while
81788178 15 traveling to or from that location if the weapon is broken
81798179 16 down in a nonfunctioning state, is not immediately
81808180 17 accessible, or is unloaded and enclosed in a firearm case,
81818181 18 carrying box, shipping box, or other similar portable
81828182 19 container designed for the safe transportation of
81838183 20 firearms.
81848184 21 (iv) Possession of a weapon only for hunting use
81858185 22 expressly permitted under the Wildlife Code, or while
81868186 23 traveling to or from a location authorized for this
81878187 24 hunting use under the Wildlife Code if the weapon is
81888188 25 broken down in a nonfunctioning state, is not immediately
81898189 26 accessible, or is unloaded and enclosed in a firearm case,
81908190
81918191
81928192
81938193
81948194
81958195 HB2922 - 229 - LRB103 27829 RLC 54207 b
81968196
81978197
81988198 HB2922- 230 -LRB103 27829 RLC 54207 b HB2922 - 230 - LRB103 27829 RLC 54207 b
81998199 HB2922 - 230 - LRB103 27829 RLC 54207 b
82008200 1 carrying box, shipping box, or other similar portable
82018201 2 container designed for the safe transportation of
82028202 3 firearms. By October 1, 2023, the Illinois State Police,
82038203 4 in consultation with the Department of Natural Resources,
82048204 5 shall adopt rules concerning the list of applicable
82058205 6 weapons approved under this subparagraph (iv). The
82068206 7 Illinois State Police may adopt emergency rules in
82078207 8 accordance with Section 5-45 of the Illinois
82088208 9 Administrative Procedure Act. The adoption of emergency
82098209 10 rules authorized by Section 5-45 of the Illinois
82108210 11 Administrative Procedure Act and this paragraph is deemed
82118211 12 to be necessary for the public interest, safety, and
82128212 13 welfare.
82138213 14 (v) The manufacture, transportation, possession, sale,
82148214 15 or rental of blank-firing assault weapons and .50 caliber
82158215 16 rifles, or the weapon's respective attachments, to persons
82168216 17 authorized or permitted, or both authorized and permitted,
82178217 18 to acquire and possess these weapons or attachments for
82188218 19 the purpose of rental for use solely as props for a motion
82198219 20 picture, television, or video production or entertainment
82208220 21 event.
82218221 22 Any person not subject to this Section may submit an
82228222 23 endorsement affidavit if the person chooses.
82238223 24 (f) Any sale or transfer with a background check initiated
82248224 25 to the Illinois State Police on or before the effective date of
82258225 26 this amendatory Act of the 102nd General Assembly is allowed
82268226
82278227
82288228
82298229
82308230
82318231 HB2922 - 230 - LRB103 27829 RLC 54207 b
82328232
82338233
82348234 HB2922- 231 -LRB103 27829 RLC 54207 b HB2922 - 231 - LRB103 27829 RLC 54207 b
82358235 HB2922 - 231 - LRB103 27829 RLC 54207 b
82368236 1 to be completed after the effective date of this amendatory
82378237 2 Act once an approval is issued by the Illinois State Police and
82388238 3 any applicable waiting period under Section 24-3 has expired.
82398239 4 (g) The Illinois State Police shall take all steps
82408240 5 necessary to carry out the requirements of this Section within
82418241 6 by October 1, 2023.
82428242 7 (h) The Department of the State Police shall also develop
82438243 8 and implement a public notice and public outreach campaign to
82448244 9 promote awareness about the provisions of this amendatory Act
82458245 10 of the 102nd General Assembly and to increase compliance with
82468246 11 this Section.
82478247 12 (Source: P.A. 102-1116, eff. 1-10-23.)
82488248 13 (720 ILCS 5/24-1.10)
82498249 14 Sec. 24-1.10. Manufacture, delivery, sale, and possession
82508250 15 of large capacity ammunition feeding devices.
82518251 16 (a) In this Section:
82528252 17 "Handgun" has the meaning ascribed to it in the Firearm
82538253 18 Concealed Carry Act.
82548254 19 "Long gun" means a rifle or shotgun.
82558255 20 "Large capacity ammunition feeding device" means:
82568256 21 (1) a magazine, belt, drum, feed strip, or similar
82578257 22 device that has a capacity of, or that can be readily
82588258 23 restored or converted to accept, more than 10 rounds of
82598259 24 ammunition for long guns and more than 15 rounds of
82608260 25 ammunition for handguns; or
82618261
82628262
82638263
82648264
82658265
82668266 HB2922 - 231 - LRB103 27829 RLC 54207 b
82678267
82688268
82698269 HB2922- 232 -LRB103 27829 RLC 54207 b HB2922 - 232 - LRB103 27829 RLC 54207 b
82708270 HB2922 - 232 - LRB103 27829 RLC 54207 b
82718271 1 (2) any combination of parts from which a device
82728272 2 described in paragraph (1) can be assembled.
82738273 3 "Large capacity ammunition feeding device" does not
82748274 4 include an attached tubular device designed to accept, and
82758275 5 capable of operating only with, .22 caliber rimfire
82768276 6 ammunition. "Large capacity ammunition feeding device" does
82778277 7 not include a tubular magazine that is contained in a
82788278 8 lever-action firearm or any device that has been made
82798279 9 permanently inoperable.
82808280 10 (b) Except as provided in subsections (e) and (f), it is
82818281 11 unlawful for any person within this State to knowingly
82828282 12 manufacture, deliver, sell, purchase, or cause to be
82838283 13 manufactured, delivered, sold, or purchased a large capacity
82848284 14 ammunition feeding device.
82858285 15 (c) Except as provided in subsections (d), (e), and (f),
82868286 16 and beginning 90 days after the effective date of this
82878287 17 amendatory Act of the 102nd General Assembly, it is unlawful
82888288 18 to knowingly possess a large capacity ammunition feeding
82898289 19 device.
82908290 20 (d) Subsection (c) does not apply to a person's possession
82918291 21 of a large capacity ammunition feeding device if the person
82928292 22 lawfully possessed that large capacity ammunition feeding
82938293 23 device before the effective date of this amendatory Act of the
82948294 24 102nd General Assembly, provided that the person shall possess
82958295 25 such device only:
82968296 26 (1) on private property owned or immediately
82978297
82988298
82998299
83008300
83018301
83028302 HB2922 - 232 - LRB103 27829 RLC 54207 b
83038303
83048304
83058305 HB2922- 233 -LRB103 27829 RLC 54207 b HB2922 - 233 - LRB103 27829 RLC 54207 b
83068306 HB2922 - 233 - LRB103 27829 RLC 54207 b
83078307 1 controlled by the person;
83088308 2 (2) on private property that is not open to the public
83098309 3 with the express permission of the person who owns or
83108310 4 immediately controls such property;
83118311 5 (3) while on the premises of a licensed firearms
83128312 6 dealer or gunsmith for the purpose of lawful repair;
83138313 7 (4) while engaged in the legal use of the large
83148314 8 capacity ammunition feeding device at a properly licensed
83158315 9 firing range or sport shooting competition venue; or
83168316 10 (5) while traveling to or from these locations,
83178317 11 provided that the large capacity ammunition feeding device
83188318 12 is stored unloaded and enclosed in a case, firearm
83198319 13 carrying box, shipping box, or other container.
83208320 14 A person authorized under this Section to possess a large
83218321 15 capacity ammunition feeding device may transfer the large
83228322 16 capacity ammunition feeding device only to an heir, an
83238323 17 individual residing in another state maintaining it in another
83248324 18 state, or a dealer licensed as a federal firearms dealer under
83258325 19 Section 923 of the federal Gun Control Act of 1968. Within 10
83268326 20 days after transfer of the large capacity ammunition feeding
83278327 21 device except to an heir, the person shall notify the Illinois
83288328 22 State Police of the name and address of the transferee and
83298329 23 comply with the requirements of subsection (b) of Section 3 of
83308330 24 the Firearm Owners Identification Card Act. The person to whom
83318331 25 the large capacity ammunition feeding device is transferred
83328332 26 shall, within 60 days of the transfer, notify the Illinois
83338333
83348334
83358335
83368336
83378337
83388338 HB2922 - 233 - LRB103 27829 RLC 54207 b
83398339
83408340
83418341 HB2922- 234 -LRB103 27829 RLC 54207 b HB2922 - 234 - LRB103 27829 RLC 54207 b
83428342 HB2922 - 234 - LRB103 27829 RLC 54207 b
83438343 1 State Police of the person's acquisition and comply with the
83448344 2 requirements of subsection (b) of Section 3 of the Firearm
83458345 3 Owners Identification Card Act. A person to whom the large
83468346 4 capacity ammunition feeding device is transferred may transfer
83478347 5 it only as provided in this subsection.
83488348 6 Except as provided in subsections (e) and (f) and
83498349 7 beginning 90 days after the effective date of this amendatory
83508350 8 Act of the 102nd General Assembly, any person who moves into
83518351 9 this State in possession of a large capacity ammunition
83528352 10 feeding device shall, within 60 days, apply for a Firearm
83538353 11 Owners Identification Card.
83548354 12 (e) The provisions of this Section regarding the purchase
83558355 13 or possession of large capacity ammunition feeding devices, as
83568356 14 well as the provisions of this Section that prohibit causing
83578357 15 those items to be purchased or possessed, do not apply to:
83588358 16 (1) Peace officers as defined in Section 2-13 of this
83598359 17 Code.
83608360 18 (2) Qualified law enforcement officers and qualified
83618361 19 retired law enforcement officers as defined in the Law
83628362 20 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
83638363 21 and 926C) and as recognized under Illinois law.
83648364 22 (3) A federal, State, or local law enforcement agency
83658365 23 for the purpose of equipping the agency's peace officers
83668366 24 as defined in paragraph (1) or (2) of this subsection (e).
83678367 25 (4) Wardens, superintendents, and keepers of prisons,
83688368 26 penitentiaries, jails, and other institutions for the
83698369
83708370
83718371
83728372
83738373
83748374 HB2922 - 234 - LRB103 27829 RLC 54207 b
83758375
83768376
83778377 HB2922- 235 -LRB103 27829 RLC 54207 b HB2922 - 235 - LRB103 27829 RLC 54207 b
83788378 HB2922 - 235 - LRB103 27829 RLC 54207 b
83798379 1 detention of persons accused or convicted of an offense.
83808380 2 (5) Members of the Armed Services or Reserve Forces of
83818381 3 the United States or the Illinois National Guard, while
83828382 4 their official duties or while traveling to or from their
83838383 5 places of duty.
83848384 6 (6) Any company that employs armed security officers
83858385 7 in this State at a nuclear energy, storage, weapons, or
83868386 8 development site or facility regulated by the federal
83878387 9 Nuclear Regulatory Commission and any person employed as
83888388 10 an armed security force member at a nuclear energy,
83898389 11 storage, weapons, or development site or facility
83908390 12 regulated by the federal Nuclear Regulatory Commission who
83918391 13 has completed the background screening and training
83928392 14 mandated by the rules and regulations of the federal
83938393 15 Nuclear Regulatory Commission and while performing
83948394 16 official duties.
83958395 17 (7) Any private security contractor agency licensed
83968396 18 under the Private Detective, Private Alarm, Private
83978397 19 Security, Fingerprint Vendor, and Locksmith Act of 2004
83988398 20 that employs private security contractors and any private
83998399 21 security contractor who is licensed and has been issued a
84008400 22 firearm control card under the Private Detective, Private
84018401 23 Alarm, Private Security, Fingerprint Vendor, and Locksmith
84028402 24 Act of 2004 while performing official duties.
84038403 25 (f) This Section does not apply to or affect any of the
84048404 26 following:
84058405
84068406
84078407
84088408
84098409
84108410 HB2922 - 235 - LRB103 27829 RLC 54207 b
84118411
84128412
84138413 HB2922- 236 -LRB103 27829 RLC 54207 b HB2922 - 236 - LRB103 27829 RLC 54207 b
84148414 HB2922 - 236 - LRB103 27829 RLC 54207 b
84158415 1 (1) Manufacture, delivery, sale, importation,
84168416 2 purchase, or possession or causing to be manufactured,
84178417 3 delivered, sold, imported, purchased, or possessed a large
84188418 4 capacity ammunition feeding device:
84198419 5 (A) for sale or transfer to persons authorized
84208420 6 under subdivisions (1) through (7) of subsection (e)
84218421 7 to possess those items;
84228422 8 (B) for sale or transfer to the United States or
84238423 9 any department or agency thereof; or
84248424 10 (C) for sale or transfer in another state or for
84258425 11 export.
84268426 12 (2) Sale or rental of large capacity ammunition
84278427 13 feeding devices for blank-firing assault weapons and .50
84288428 14 caliber rifles, to persons authorized or permitted, or
84298429 15 both authorized and permitted, to acquire these devices
84308430 16 for the purpose of rental for use solely as props for a
84318431 17 motion picture, television, or video production or
84328432 18 entertainment event.
84338433 19 (g) Sentence. A person who knowingly manufactures,
84348434 20 delivers, sells, purchases, possesses, or causes to be
84358435 21 manufactured, delivered, sold, possessed, or purchased in
84368436 22 violation of this Section a large capacity ammunition feeding
84378437 23 device capable of holding more than 10 rounds of ammunition
84388438 24 for long guns or more than 15 rounds of ammunition for handguns
84398439 25 commits a petty offense with a fine of $1,000 for each
84408440 26 violation.
84418441
84428442
84438443
84448444
84458445
84468446 HB2922 - 236 - LRB103 27829 RLC 54207 b
84478447
84488448
84498449 HB2922- 237 -LRB103 27829 RLC 54207 b HB2922 - 237 - LRB103 27829 RLC 54207 b
84508450 HB2922 - 237 - LRB103 27829 RLC 54207 b
84518451 1 (h) The Department of the State Police shall also develop
84528452 2 and implement a public notice and public outreach campaign to
84538453 3 promote awareness about the provisions of this amendatory Act
84548454 4 of the 102nd General Assembly and to increase compliance with
84558455 5 this Section.
84568456 6 (Source: P.A. 102-1116, eff. 1-10-23.)
84578457 7 (720 ILCS 5/24-2)
84588458 8 Sec. 24-2. Exemptions.
84598459 9 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
84608460 10 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
84618461 11 the following:
84628462 12 (1) Peace officers, and any person summoned by a peace
84638463 13 officer to assist in making arrests or preserving the
84648464 14 peace, while actually engaged in assisting such officer.
84658465 15 (2) Wardens, superintendents and keepers of prisons,
84668466 16 penitentiaries, jails and other institutions for the
84678467 17 detention of persons accused or convicted of an offense,
84688468 18 while in the performance of their official duty, or while
84698469 19 commuting between their homes and places of employment.
84708470 20 (3) Members of the Armed Services or Reserve Forces of
84718471 21 the United States or the Illinois National Guard or the
84728472 22 Reserve Officers Training Corps, while in the performance
84738473 23 of their official duty.
84748474 24 (4) Special agents employed by a railroad or a public
84758475 25 utility to perform police functions, and guards of armored
84768476
84778477
84788478
84798479
84808480
84818481 HB2922 - 237 - LRB103 27829 RLC 54207 b
84828482
84838483
84848484 HB2922- 238 -LRB103 27829 RLC 54207 b HB2922 - 238 - LRB103 27829 RLC 54207 b
84858485 HB2922 - 238 - LRB103 27829 RLC 54207 b
84868486 1 car companies, while actually engaged in the performance
84878487 2 of the duties of their employment or commuting between
84888488 3 their homes and places of employment; and watchmen while
84898489 4 actually engaged in the performance of the duties of their
84908490 5 employment.
84918491 6 (5) Persons licensed as private security contractors,
84928492 7 private detectives, or private alarm contractors, or
84938493 8 employed by a private security contractor, private
84948494 9 detective, or private alarm contractor agency licensed by
84958495 10 the Department of Financial and Professional Regulation,
84968496 11 if their duties include the carrying of a weapon under the
84978497 12 provisions of the Private Detective, Private Alarm,
84988498 13 Private Security, Fingerprint Vendor, and Locksmith Act of
84998499 14 2004, while actually engaged in the performance of the
85008500 15 duties of their employment or commuting between their
85018501 16 homes and places of employment. A person shall be
85028502 17 considered eligible for this exemption if he or she has
85038503 18 completed the required 20 hours of training for a private
85048504 19 security contractor, private detective, or private alarm
85058505 20 contractor, or employee of a licensed private security
85068506 21 contractor, private detective, or private alarm contractor
85078507 22 agency and 28 hours of required firearm training, and has
85088508 23 been issued a firearm control card by the Department of
85098509 24 Financial and Professional Regulation. Conditions for the
85108510 25 renewal of firearm control cards issued under the
85118511 26 provisions of this Section shall be the same as for those
85128512
85138513
85148514
85158515
85168516
85178517 HB2922 - 238 - LRB103 27829 RLC 54207 b
85188518
85198519
85208520 HB2922- 239 -LRB103 27829 RLC 54207 b HB2922 - 239 - LRB103 27829 RLC 54207 b
85218521 HB2922 - 239 - LRB103 27829 RLC 54207 b
85228522 1 cards issued under the provisions of the Private
85238523 2 Detective, Private Alarm, Private Security, Fingerprint
85248524 3 Vendor, and Locksmith Act of 2004. The firearm control
85258525 4 card shall be carried by the private security contractor,
85268526 5 private detective, or private alarm contractor, or
85278527 6 employee of the licensed private security contractor,
85288528 7 private detective, or private alarm contractor agency at
85298529 8 all times when he or she is in possession of a concealable
85308530 9 weapon permitted by his or her firearm control card.
85318531 10 (6) Any person regularly employed in a commercial or
85328532 11 industrial operation as a security guard for the
85338533 12 protection of persons employed and private property
85348534 13 related to such commercial or industrial operation, while
85358535 14 actually engaged in the performance of his or her duty or
85368536 15 traveling between sites or properties belonging to the
85378537 16 employer, and who, as a security guard, is a member of a
85388538 17 security force registered with the Department of Financial
85398539 18 and Professional Regulation; provided that such security
85408540 19 guard has successfully completed a course of study,
85418541 20 approved by and supervised by the Department of Financial
85428542 21 and Professional Regulation, consisting of not less than
85438543 22 48 hours of training that includes the theory of law
85448544 23 enforcement, liability for acts, and the handling of
85458545 24 weapons. A person shall be considered eligible for this
85468546 25 exemption if he or she has completed the required 20 hours
85478547 26 of training for a security officer and 28 hours of
85488548
85498549
85508550
85518551
85528552
85538553 HB2922 - 239 - LRB103 27829 RLC 54207 b
85548554
85558555
85568556 HB2922- 240 -LRB103 27829 RLC 54207 b HB2922 - 240 - LRB103 27829 RLC 54207 b
85578557 HB2922 - 240 - LRB103 27829 RLC 54207 b
85588558 1 required firearm training, and has been issued a firearm
85598559 2 control card by the Department of Financial and
85608560 3 Professional Regulation. Conditions for the renewal of
85618561 4 firearm control cards issued under the provisions of this
85628562 5 Section shall be the same as for those cards issued under
85638563 6 the provisions of the Private Detective, Private Alarm,
85648564 7 Private Security, Fingerprint Vendor, and Locksmith Act of
85658565 8 2004. The firearm control card shall be carried by the
85668566 9 security guard at all times when he or she is in possession
85678567 10 of a concealable weapon permitted by his or her firearm
85688568 11 control card.
85698569 12 (7) Agents and investigators of the Illinois
85708570 13 Legislative Investigating Commission authorized by the
85718571 14 Commission to carry the weapons specified in subsections
85728572 15 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
85738573 16 any investigation for the Commission.
85748574 17 (8) Persons employed by a financial institution as a
85758575 18 security guard for the protection of other employees and
85768576 19 property related to such financial institution, while
85778577 20 actually engaged in the performance of their duties,
85788578 21 commuting between their homes and places of employment, or
85798579 22 traveling between sites or properties owned or operated by
85808580 23 such financial institution, and who, as a security guard,
85818581 24 is a member of a security force registered with the
85828582 25 Department; provided that any person so employed has
85838583 26 successfully completed a course of study, approved by and
85848584
85858585
85868586
85878587
85888588
85898589 HB2922 - 240 - LRB103 27829 RLC 54207 b
85908590
85918591
85928592 HB2922- 241 -LRB103 27829 RLC 54207 b HB2922 - 241 - LRB103 27829 RLC 54207 b
85938593 HB2922 - 241 - LRB103 27829 RLC 54207 b
85948594 1 supervised by the Department of Financial and Professional
85958595 2 Regulation, consisting of not less than 48 hours of
85968596 3 training which includes theory of law enforcement,
85978597 4 liability for acts, and the handling of weapons. A person
85988598 5 shall be considered to be eligible for this exemption if
85998599 6 he or she has completed the required 20 hours of training
86008600 7 for a security officer and 28 hours of required firearm
86018601 8 training, and has been issued a firearm control card by
86028602 9 the Department of Financial and Professional Regulation.
86038603 10 Conditions for renewal of firearm control cards issued
86048604 11 under the provisions of this Section shall be the same as
86058605 12 for those issued under the provisions of the Private
86068606 13 Detective, Private Alarm, Private Security, Fingerprint
86078607 14 Vendor, and Locksmith Act of 2004. The firearm control
86088608 15 card shall be carried by the security guard at all times
86098609 16 when he or she is in possession of a concealable weapon
86108610 17 permitted by his or her firearm control card. For purposes
86118611 18 of this subsection, "financial institution" means a bank,
86128612 19 savings and loan association, credit union or company
86138613 20 providing armored car services.
86148614 21 (9) Any person employed by an armored car company to
86158615 22 drive an armored car, while actually engaged in the
86168616 23 performance of his duties.
86178617 24 (10) Persons who have been classified as peace
86188618 25 officers pursuant to the Peace Officer Fire Investigation
86198619 26 Act.
86208620
86218621
86228622
86238623
86248624
86258625 HB2922 - 241 - LRB103 27829 RLC 54207 b
86268626
86278627
86288628 HB2922- 242 -LRB103 27829 RLC 54207 b HB2922 - 242 - LRB103 27829 RLC 54207 b
86298629 HB2922 - 242 - LRB103 27829 RLC 54207 b
86308630 1 (11) Investigators of the Office of the State's
86318631 2 Attorneys Appellate Prosecutor authorized by the board of
86328632 3 governors of the Office of the State's Attorneys Appellate
86338633 4 Prosecutor to carry weapons pursuant to Section 7.06 of
86348634 5 the State's Attorneys Appellate Prosecutor's Act.
86358635 6 (12) Special investigators appointed by a State's
86368636 7 Attorney under Section 3-9005 of the Counties Code.
86378637 8 (12.5) Probation officers while in the performance of
86388638 9 their duties, or while commuting between their homes,
86398639 10 places of employment or specific locations that are part
86408640 11 of their assigned duties, with the consent of the chief
86418641 12 judge of the circuit for which they are employed, if they
86428642 13 have received weapons training according to requirements
86438643 14 of the Peace Officer and Probation Officer Firearm
86448644 15 Training Act.
86458645 16 (13) Court Security Officers while in the performance
86468646 17 of their official duties, or while commuting between their
86478647 18 homes and places of employment, with the consent of the
86488648 19 Sheriff.
86498649 20 (13.5) A person employed as an armed security guard at
86508650 21 a nuclear energy, storage, weapons or development site or
86518651 22 facility regulated by the Nuclear Regulatory Commission
86528652 23 who has completed the background screening and training
86538653 24 mandated by the rules and regulations of the Nuclear
86548654 25 Regulatory Commission.
86558655 26 (14) Manufacture, transportation, or sale of weapons
86568656
86578657
86588658
86598659
86608660
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86628662
86638663
86648664 HB2922- 243 -LRB103 27829 RLC 54207 b HB2922 - 243 - LRB103 27829 RLC 54207 b
86658665 HB2922 - 243 - LRB103 27829 RLC 54207 b
86668666 1 to persons authorized under subdivisions (1) through
86678667 2 (13.5) of this subsection to possess those weapons.
86688668 3 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
86698669 4 to or affect any person carrying a concealed pistol, revolver,
86708670 5 or handgun and the person has been issued a currently valid
86718671 6 license under the Firearm Concealed Carry Act at the time of
86728672 7 the commission of the offense.
86738673 8 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
86748674 9 to or affect a qualified current or retired law enforcement
86758675 10 officer or a current or retired deputy, county correctional
86768676 11 officer, or correctional officer of the Department of
86778677 12 Corrections qualified under the laws of this State or under
86788678 13 the federal Law Enforcement Officers Safety Act.
86798679 14 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
86808680 15 24-1.6 do not apply to or affect any of the following:
86818681 16 (1) Members of any club or organization organized for
86828682 17 the purpose of practicing shooting at targets upon
86838683 18 established target ranges, whether public or private, and
86848684 19 patrons of such ranges, while such members or patrons are
86858685 20 using their firearms on those target ranges.
86868686 21 (2) Duly authorized military or civil organizations
86878687 22 while parading, with the special permission of the
86888688 23 Governor.
86898689 24 (3) Hunters, trappers, or fishermen while engaged in
86908690 25 lawful hunting, trapping, or fishing under the provisions
86918691 26 of the Wildlife Code or the Fish and Aquatic Life Code.
86928692
86938693
86948694
86958695
86968696
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86988698
86998699
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87018701 HB2922 - 244 - LRB103 27829 RLC 54207 b
87028702 1 (4) Transportation of weapons that are broken down in
87038703 2 a non-functioning state or are not immediately accessible.
87048704 3 (5) Carrying or possessing any pistol, revolver, stun
87058705 4 gun or taser or other firearm on the land or in the legal
87068706 5 dwelling of another person as an invitee with that
87078707 6 person's permission.
87088708 7 (c) Subsection 24-1(a)(7) does not apply to or affect any
87098709 8 of the following:
87108710 9 (1) Peace officers while in performance of their
87118711 10 official duties.
87128712 11 (2) Wardens, superintendents and keepers of prisons,
87138713 12 penitentiaries, jails and other institutions for the
87148714 13 detention of persons accused or convicted of an offense.
87158715 14 (3) Members of the Armed Services or Reserve Forces of
87168716 15 the United States or the Illinois National Guard, while in
87178717 16 the performance of their official duty.
87188718 17 (4) Manufacture, transportation, or sale of machine
87198719 18 guns to persons authorized under subdivisions (1) through
87208720 19 (3) of this subsection to possess machine guns, if the
87218721 20 machine guns are broken down in a non-functioning state or
87228722 21 are not immediately accessible.
87238723 22 (5) Persons licensed under federal law to manufacture
87248724 23 any weapon from which 8 or more shots or bullets can be
87258725 24 discharged by a single function of the firing device, or
87268726 25 ammunition for such weapons, and actually engaged in the
87278727 26 business of manufacturing such weapons or ammunition, but
87288728
87298729
87308730
87318731
87328732
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87348734
87358735
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87378737 HB2922 - 245 - LRB103 27829 RLC 54207 b
87388738 1 only with respect to activities which are within the
87398739 2 lawful scope of such business, such as the manufacture,
87408740 3 transportation, or testing of such weapons or ammunition.
87418741 4 This exemption does not authorize the general private
87428742 5 possession of any weapon from which 8 or more shots or
87438743 6 bullets can be discharged by a single function of the
87448744 7 firing device, but only such possession and activities as
87458745 8 are within the lawful scope of a licensed manufacturing
87468746 9 business described in this paragraph.
87478747 10 During transportation, such weapons shall be broken
87488748 11 down in a non-functioning state or not immediately
87498749 12 accessible.
87508750 13 (6) The manufacture, transport, testing, delivery,
87518751 14 transfer or sale, and all lawful commercial or
87528752 15 experimental activities necessary thereto, of rifles,
87538753 16 shotguns, and weapons made from rifles or shotguns, or
87548754 17 ammunition for such rifles, shotguns or weapons, where
87558755 18 engaged in by a person operating as a contractor or
87568756 19 subcontractor pursuant to a contract or subcontract for
87578757 20 the development and supply of such rifles, shotguns,
87588758 21 weapons or ammunition to the United States government or
87598759 22 any branch of the Armed Forces of the United States, when
87608760 23 such activities are necessary and incident to fulfilling
87618761 24 the terms of such contract.
87628762 25 The exemption granted under this subdivision (c)(6)
87638763 26 shall also apply to any authorized agent of any such
87648764
87658765
87668766
87678767
87688768
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87708770
87718771
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87738773 HB2922 - 246 - LRB103 27829 RLC 54207 b
87748774 1 contractor or subcontractor who is operating within the
87758775 2 scope of his employment, where such activities involving
87768776 3 such weapon, weapons or ammunition are necessary and
87778777 4 incident to fulfilling the terms of such contract.
87788778 5 (7) A person possessing a rifle with a barrel or
87798779 6 barrels less than 16 inches in length if: (A) the person
87808780 7 has been issued a Curios and Relics license from the U.S.
87818781 8 Bureau of Alcohol, Tobacco, Firearms and Explosives; or
87828782 9 (B) the person is an active member of a bona fide,
87838783 10 nationally recognized military re-enacting group and the
87848784 11 modification is required and necessary to accurately
87858785 12 portray the weapon for historical re-enactment purposes;
87868786 13 the re-enactor is in possession of a valid and current
87878787 14 re-enacting group membership credential; and the overall
87888788 15 length of the weapon as modified is not less than 26
87898789 16 inches.
87908790 17 (d) Subsection 24-1(a)(1) does not apply to the purchase,
87918791 18 possession or carrying of a black-jack or slung-shot by a
87928792 19 peace officer.
87938793 20 (e) Subsection 24-1(a)(8) does not apply to any owner,
87948794 21 manager or authorized employee of any place specified in that
87958795 22 subsection nor to any law enforcement officer.
87968796 23 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
87978797 24 Section 24-1.6 do not apply to members of any club or
87988798 25 organization organized for the purpose of practicing shooting
87998799 26 at targets upon established target ranges, whether public or
88008800
88018801
88028802
88038803
88048804
88058805 HB2922 - 246 - LRB103 27829 RLC 54207 b
88068806
88078807
88088808 HB2922- 247 -LRB103 27829 RLC 54207 b HB2922 - 247 - LRB103 27829 RLC 54207 b
88098809 HB2922 - 247 - LRB103 27829 RLC 54207 b
88108810 1 private, while using their firearms on those target ranges.
88118811 2 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
88128812 3 to:
88138813 4 (1) Members of the Armed Services or Reserve Forces of
88148814 5 the United States or the Illinois National Guard, while in
88158815 6 the performance of their official duty.
88168816 7 (2) Bonafide collectors of antique or surplus military
88178817 8 ordnance.
88188818 9 (3) Laboratories having a department of forensic
88198819 10 ballistics, or specializing in the development of
88208820 11 ammunition or explosive ordnance.
88218821 12 (4) Commerce, preparation, assembly or possession of
88228822 13 explosive bullets by manufacturers of ammunition licensed
88238823 14 by the federal government, in connection with the supply
88248824 15 of those organizations and persons exempted by subdivision
88258825 16 (g)(1) of this Section, or like organizations and persons
88268826 17 outside this State, or the transportation of explosive
88278827 18 bullets to any organization or person exempted in this
88288828 19 Section by a common carrier or by a vehicle owned or leased
88298829 20 by an exempted manufacturer.
88308830 21 (g-5) Subsection 24-1(a)(6) does not apply to or affect
88318831 22 persons licensed under federal law to manufacture any device
88328832 23 or attachment of any kind designed, used, or intended for use
88338833 24 in silencing the report of any firearm, firearms, or
88348834 25 ammunition for those firearms equipped with those devices, and
88358835 26 actually engaged in the business of manufacturing those
88368836
88378837
88388838
88398839
88408840
88418841 HB2922 - 247 - LRB103 27829 RLC 54207 b
88428842
88438843
88448844 HB2922- 248 -LRB103 27829 RLC 54207 b HB2922 - 248 - LRB103 27829 RLC 54207 b
88458845 HB2922 - 248 - LRB103 27829 RLC 54207 b
88468846 1 devices, firearms, or ammunition, but only with respect to
88478847 2 activities that are within the lawful scope of that business,
88488848 3 such as the manufacture, transportation, or testing of those
88498849 4 devices, firearms, or ammunition. This exemption does not
88508850 5 authorize the general private possession of any device or
88518851 6 attachment of any kind designed, used, or intended for use in
88528852 7 silencing the report of any firearm, but only such possession
88538853 8 and activities as are within the lawful scope of a licensed
88548854 9 manufacturing business described in this subsection (g-5).
88558855 10 During transportation, these devices shall be detached from
88568856 11 any weapon or not immediately accessible.
88578857 12 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
88588858 13 24-1.6 do not apply to or affect any parole agent or parole
88598859 14 supervisor who meets the qualifications and conditions
88608860 15 prescribed in Section 3-14-1.5 of the Unified Code of
88618861 16 Corrections.
88628862 17 (g-7) Subsection 24-1(a)(6) does not apply to a peace
88638863 18 officer while serving as a member of a tactical response team
88648864 19 or special operations team. A peace officer may not personally
88658865 20 own or apply for ownership of a device or attachment of any
88668866 21 kind designed, used, or intended for use in silencing the
88678867 22 report of any firearm. These devices shall be owned and
88688868 23 maintained by lawfully recognized units of government whose
88698869 24 duties include the investigation of criminal acts.
88708870 25 (g-10) (Blank).
88718871 26 (h) An information or indictment based upon a violation of
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88828882 1 any subsection of this Article need not negative any
88838883 2 exemptions contained in this Article. The defendant shall have
88848884 3 the burden of proving such an exemption.
88858885 4 (i) Nothing in this Article shall prohibit, apply to, or
88868886 5 affect the transportation, carrying, or possession, of any
88878887 6 pistol or revolver, stun gun, taser, or other firearm
88888888 7 consigned to a common carrier operating under license of the
88898889 8 State of Illinois or the federal government, where such
88908890 9 transportation, carrying, or possession is incident to the
88918891 10 lawful transportation in which such common carrier is engaged;
88928892 11 and nothing in this Article shall prohibit, apply to, or
88938893 12 affect the transportation, carrying, or possession of any
88948894 13 pistol, revolver, stun gun, taser, or other firearm, not the
88958895 14 subject of and regulated by subsection 24-1(a)(7) or
88968896 15 subsection 24-2(c) of this Article, which is unloaded and
88978897 16 enclosed in a case, firearm carrying box, shipping box, or
88988898 17 other container, by a person eligible under State and federal
88998899 18 law to possess a firearm the possessor of a valid Firearm
89008900 19 Owners Identification Card.
89018901 20 (Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22;
89028902 21 102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised
89038903 22 12-14-22.)
89048904 23 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
89058905 24 Sec. 24-3. Unlawful sale or delivery of firearms.
89068906 25 (A) A person commits the offense of unlawful sale or
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89178917 1 delivery of firearms when he or she knowingly does any of the
89188918 2 following:
89198919 3 (a) Sells or gives any firearm of a size which may be
89208920 4 concealed upon the person to any person under 18 years of
89218921 5 age.
89228922 6 (b) Sells or gives any firearm to a person under 21
89238923 7 years of age who has been convicted of a misdemeanor other
89248924 8 than a traffic offense or adjudged delinquent.
89258925 9 (c) Sells or gives any firearm to any narcotic addict.
89268926 10 (d) Sells or gives any firearm to any person who has
89278927 11 been convicted of a felony under the laws of this or any
89288928 12 other jurisdiction.
89298929 13 (e) Sells or gives any firearm to any person who has
89308930 14 been a patient in a mental institution within the past 5
89318931 15 years. In this subsection (e):
89328932 16 "Mental institution" means any hospital,
89338933 17 institution, clinic, evaluation facility, mental
89348934 18 health center, or part thereof, which is used
89358935 19 primarily for the care or treatment of persons with
89368936 20 mental illness.
89378937 21 "Patient in a mental institution" means the person
89388938 22 was admitted, either voluntarily or involuntarily, to
89398939 23 a mental institution for mental health treatment,
89408940 24 unless the treatment was voluntary and solely for an
89418941 25 alcohol abuse disorder and no other secondary
89428942 26 substance abuse disorder or mental illness.
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89538953 1 (f) Sells or gives any firearms to any person who is a
89548954 2 person with an intellectual disability.
89558955 3 (g) Delivers any firearm, incidental to a sale,
89568956 4 without withholding delivery of the firearm for at least
89578957 5 72 hours after application for its purchase has been made,
89588958 6 or delivers a stun gun or taser, incidental to a sale,
89598959 7 without withholding delivery of the stun gun or taser for
89608960 8 at least 24 hours after application for its purchase has
89618961 9 been made. However, this paragraph (g) does not apply to:
89628962 10 (1) the sale of a firearm to a law enforcement officer if
89638963 11 the seller of the firearm knows that the person to whom he
89648964 12 or she is selling the firearm is a law enforcement officer
89658965 13 or the sale of a firearm to a person who desires to
89668966 14 purchase a firearm for use in promoting the public
89678967 15 interest incident to his or her employment as a bank
89688968 16 guard, armed truck guard, or other similar employment; (2)
89698969 17 a mail order sale of a firearm from a federally licensed
89708970 18 firearms dealer to a nonresident of Illinois under which
89718971 19 the firearm is mailed to a federally licensed firearms
89728972 20 dealer outside the boundaries of Illinois; (3) (blank);
89738973 21 (4) the sale of a firearm to a dealer licensed as a federal
89748974 22 firearms dealer under Section 923 of the federal Gun
89758975 23 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
89768976 24 sale of any rifle, shotgun, or other long gun to a resident
89778977 25 registered competitor or attendee or non-resident
89788978 26 registered competitor or attendee by any dealer licensed
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89898989 1 as a federal firearms dealer under Section 923 of the
89908990 2 federal Gun Control Act of 1968 at competitive shooting
89918991 3 events held at the World Shooting Complex sanctioned by a
89928992 4 national governing body. For purposes of transfers or
89938993 5 sales under subparagraph (5) of this paragraph (g), the
89948994 6 Department of Natural Resources shall give notice to the
89958995 7 Illinois State Police at least 30 calendar days prior to
89968996 8 any competitive shooting events at the World Shooting
89978997 9 Complex sanctioned by a national governing body. The
89988998 10 notification shall be made on a form prescribed by the
89998999 11 Illinois State Police. The sanctioning body shall provide
90009000 12 a list of all registered competitors and attendees at
90019001 13 least 24 hours before the events to the Illinois State
90029002 14 Police. Any changes to the list of registered competitors
90039003 15 and attendees shall be forwarded to the Illinois State
90049004 16 Police as soon as practicable. The Illinois State Police
90059005 17 must destroy the list of registered competitors and
90069006 18 attendees no later than 30 days after the date of the
90079007 19 event. Nothing in this paragraph (g) relieves a federally
90089008 20 licensed firearm dealer from the requirements of
90099009 21 conducting a NICS background check through the Illinois
90109010 22 Point of Contact under 18 U.S.C. 922(t). For purposes of
90119011 23 this paragraph (g), "application" means when the buyer and
90129012 24 seller reach an agreement to purchase a firearm. For
90139013 25 purposes of this paragraph (g), "national governing body"
90149014 26 means a group of persons who adopt rules and formulate
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90259025 1 policy on behalf of a national firearm sporting
90269026 2 organization.
90279027 3 (h) While holding any license as a dealer, importer,
90289028 4 manufacturer or pawnbroker under the federal Gun Control
90299029 5 Act of 1968, manufactures, sells or delivers to any
90309030 6 unlicensed person a handgun having a barrel, slide, frame
90319031 7 or receiver which is a die casting of zinc alloy or any
90329032 8 other nonhomogeneous metal which will melt or deform at a
90339033 9 temperature of less than 800 degrees Fahrenheit. For
90349034 10 purposes of this paragraph, (1) "firearm" has the meaning
90359035 11 provided in Section 2-7.5 of the Criminal Code of 2012 is
90369036 12 defined as in the Firearm Owners Identification Card Act;
90379037 13 and (2) "handgun" is defined as a firearm designed to be
90389038 14 held and fired by the use of a single hand, and includes a
90399039 15 combination of parts from which such a firearm can be
90409040 16 assembled.
90419041 17 (i) Sells or gives a firearm of any size to any person
90429042 18 under 18 years of age who is not eligible under State or
90439043 19 federal law to possess a firearm does not possess a valid
90449044 20 Firearm Owner's Identification Card.
90459045 21 (j) Sells or gives a firearm while engaged in the
90469046 22 business of selling firearms at wholesale or retail
90479047 23 without being licensed as a federal firearms dealer under
90489048 24 Section 923 of the federal Gun Control Act of 1968 (18
90499049 25 U.S.C. 923). In this paragraph (j):
90509050 26 A person "engaged in the business" means a person who
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90619061 1 devotes time, attention, and labor to engaging in the
90629062 2 activity as a regular course of trade or business with the
90639063 3 principal objective of livelihood and profit, but does not
90649064 4 include a person who makes occasional repairs of firearms
90659065 5 or who occasionally fits special barrels, stocks, or
90669066 6 trigger mechanisms to firearms.
90679067 7 "With the principal objective of livelihood and
90689068 8 profit" means that the intent underlying the sale or
90699069 9 disposition of firearms is predominantly one of obtaining
90709070 10 livelihood and pecuniary gain, as opposed to other
90719071 11 intents, such as improving or liquidating a personal
90729072 12 firearms collection; however, proof of profit shall not be
90739073 13 required as to a person who engages in the regular and
90749074 14 repetitive purchase and disposition of firearms for
90759075 15 criminal purposes or terrorism.
90769076 16 (k) (Blank). Sells or transfers ownership of a firearm
90779077 17 to a person who does not display to the seller or
90789078 18 transferor of the firearm either: (1) a currently valid
90799079 19 Firearm Owner's Identification Card that has previously
90809080 20 been issued in the transferee's name by the Illinois State
90819081 21 Police under the provisions of the Firearm Owners
90829082 22 Identification Card Act; or (2) a currently valid license
90839083 23 to carry a concealed firearm that has previously been
90849084 24 issued in the transferee's name by the Illinois State
90859085 25 Police under the Firearm Concealed Carry Act. This
90869086 26 paragraph (k) does not apply to the transfer of a firearm
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90979097 1 to a person who is exempt from the requirement of
90989098 2 possessing a Firearm Owner's Identification Card under
90999099 3 Section 2 of the Firearm Owners Identification Card Act.
91009100 4 For the purposes of this Section, a currently valid
91019101 5 Firearm Owner's Identification Card or license to carry a
91029102 6 concealed firearm means receipt of an approval number
91039103 7 issued in accordance with subsection (a-10) of Section 3
91049104 8 or Section 3.1 of the Firearm Owners Identification Card
91059105 9 Act.
91069106 10 (1) (Blank). In addition to the other requirements
91079107 11 of this paragraph (k), all persons who are not
91089108 12 federally licensed firearms dealers must also have
91099109 13 complied with subsection (a-10) of Section 3 of the
91109110 14 Firearm Owners Identification Card Act by determining
91119111 15 the validity of a purchaser's Firearm Owner's
91129112 16 Identification Card.
91139113 17 (2) (Blank). All sellers or transferors who have
91149114 18 complied with the requirements of subparagraph (1) of
91159115 19 this paragraph (k) shall not be liable for damages in
91169116 20 any civil action arising from the use or misuse by the
91179117 21 transferee of the firearm transferred, except for
91189118 22 willful or wanton misconduct on the part of the seller
91199119 23 or transferor.
91209120 24 (l) Not being entitled to the possession of a firearm,
91219121 25 delivers the firearm, knowing it to have been stolen or
91229122 26 converted. It may be inferred that a person who possesses
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91339133 1 a firearm with knowledge that its serial number has been
91349134 2 removed or altered has knowledge that the firearm is
91359135 3 stolen or converted.
91369136 4 (B) Paragraph (h) of subsection (A) does not include
91379137 5 firearms sold within 6 months after enactment of Public Act
91389138 6 78-355 (approved August 21, 1973, effective October 1, 1973),
91399139 7 nor is any firearm legally owned or possessed by any citizen or
91409140 8 purchased by any citizen within 6 months after the enactment
91419141 9 of Public Act 78-355 subject to confiscation or seizure under
91429142 10 the provisions of that Public Act. Nothing in Public Act
91439143 11 78-355 shall be construed to prohibit the gift or trade of any
91449144 12 firearm if that firearm was legally held or acquired within 6
91459145 13 months after the enactment of that Public Act.
91469146 14 (C) Sentence.
91479147 15 (1) Any person convicted of unlawful sale or delivery
91489148 16 of firearms in violation of paragraph (c), (e), (f), (g),
91499149 17 or (h) of subsection (A) commits a Class 4 felony.
91509150 18 (2) Any person convicted of unlawful sale or delivery
91519151 19 of firearms in violation of paragraph (b) or (i) of
91529152 20 subsection (A) commits a Class 3 felony.
91539153 21 (3) Any person convicted of unlawful sale or delivery
91549154 22 of firearms in violation of paragraph (a) of subsection
91559155 23 (A) commits a Class 2 felony.
91569156 24 (4) Any person convicted of unlawful sale or delivery
91579157 25 of firearms in violation of paragraph (a), (b), or (i) of
91589158 26 subsection (A) in any school, on the real property
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91699169 1 comprising a school, within 1,000 feet of the real
91709170 2 property comprising a school, at a school related
91719171 3 activity, or on or within 1,000 feet of any conveyance
91729172 4 owned, leased, or contracted by a school or school
91739173 5 district to transport students to or from school or a
91749174 6 school related activity, regardless of the time of day or
91759175 7 time of year at which the offense was committed, commits a
91769176 8 Class 1 felony. Any person convicted of a second or
91779177 9 subsequent violation of unlawful sale or delivery of
91789178 10 firearms in violation of paragraph (a), (b), or (i) of
91799179 11 subsection (A) in any school, on the real property
91809180 12 comprising a school, within 1,000 feet of the real
91819181 13 property comprising a school, at a school related
91829182 14 activity, or on or within 1,000 feet of any conveyance
91839183 15 owned, leased, or contracted by a school or school
91849184 16 district to transport students to or from school or a
91859185 17 school related activity, regardless of the time of day or
91869186 18 time of year at which the offense was committed, commits a
91879187 19 Class 1 felony for which the sentence shall be a term of
91889188 20 imprisonment of no less than 5 years and no more than 15
91899189 21 years.
91909190 22 (5) Any person convicted of unlawful sale or delivery
91919191 23 of firearms in violation of paragraph (a) or (i) of
91929192 24 subsection (A) in residential property owned, operated, or
91939193 25 managed by a public housing agency or leased by a public
91949194 26 housing agency as part of a scattered site or mixed-income
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92059205 1 development, in a public park, in a courthouse, on
92069206 2 residential property owned, operated, or managed by a
92079207 3 public housing agency or leased by a public housing agency
92089208 4 as part of a scattered site or mixed-income development,
92099209 5 on the real property comprising any public park, on the
92109210 6 real property comprising any courthouse, or on any public
92119211 7 way within 1,000 feet of the real property comprising any
92129212 8 public park, courthouse, or residential property owned,
92139213 9 operated, or managed by a public housing agency or leased
92149214 10 by a public housing agency as part of a scattered site or
92159215 11 mixed-income development commits a Class 2 felony.
92169216 12 (6) Any person convicted of unlawful sale or delivery
92179217 13 of firearms in violation of paragraph (j) of subsection
92189218 14 (A) commits a Class A misdemeanor. A second or subsequent
92199219 15 violation is a Class 4 felony.
92209220 16 (7) (Blank). Any person convicted of unlawful sale or
92219221 17 delivery of firearms in violation of paragraph (k) of
92229222 18 subsection (A) commits a Class 4 felony, except that a
92239223 19 violation of subparagraph (1) of paragraph (k) of
92249224 20 subsection (A) shall not be punishable as a crime or petty
92259225 21 offense. A third or subsequent conviction for a violation
92269226 22 of paragraph (k) of subsection (A) is a Class 1 felony.
92279227 23 (8) A person 18 years of age or older convicted of
92289228 24 unlawful sale or delivery of firearms in violation of
92299229 25 paragraph (a) or (i) of subsection (A), when the firearm
92309230 26 that was sold or given to another person under 18 years of
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92419241 1 age was used in the commission of or attempt to commit a
92429242 2 forcible felony, shall be fined or imprisoned, or both,
92439243 3 not to exceed the maximum provided for the most serious
92449244 4 forcible felony so committed or attempted by the person
92459245 5 under 18 years of age who was sold or given the firearm.
92469246 6 (9) Any person convicted of unlawful sale or delivery
92479247 7 of firearms in violation of paragraph (d) of subsection
92489248 8 (A) commits a Class 3 felony.
92499249 9 (10) Any person convicted of unlawful sale or delivery
92509250 10 of firearms in violation of paragraph (l) of subsection
92519251 11 (A) commits a Class 2 felony if the delivery is of one
92529252 12 firearm. Any person convicted of unlawful sale or delivery
92539253 13 of firearms in violation of paragraph (l) of subsection
92549254 14 (A) commits a Class 1 felony if the delivery is of not less
92559255 15 than 2 and not more than 5 firearms at the same time or
92569256 16 within a one-year period. Any person convicted of unlawful
92579257 17 sale or delivery of firearms in violation of paragraph (l)
92589258 18 of subsection (A) commits a Class X felony for which he or
92599259 19 she shall be sentenced to a term of imprisonment of not
92609260 20 less than 6 years and not more than 30 years if the
92619261 21 delivery is of not less than 6 and not more than 10
92629262 22 firearms at the same time or within a 2-year period. Any
92639263 23 person convicted of unlawful sale or delivery of firearms
92649264 24 in violation of paragraph (l) of subsection (A) commits a
92659265 25 Class X felony for which he or she shall be sentenced to a
92669266 26 term of imprisonment of not less than 6 years and not more
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92779277 1 than 40 years if the delivery is of not less than 11 and
92789278 2 not more than 20 firearms at the same time or within a
92799279 3 3-year period. Any person convicted of unlawful sale or
92809280 4 delivery of firearms in violation of paragraph (l) of
92819281 5 subsection (A) commits a Class X felony for which he or she
92829282 6 shall be sentenced to a term of imprisonment of not less
92839283 7 than 6 years and not more than 50 years if the delivery is
92849284 8 of not less than 21 and not more than 30 firearms at the
92859285 9 same time or within a 4-year period. Any person convicted
92869286 10 of unlawful sale or delivery of firearms in violation of
92879287 11 paragraph (l) of subsection (A) commits a Class X felony
92889288 12 for which he or she shall be sentenced to a term of
92899289 13 imprisonment of not less than 6 years and not more than 60
92909290 14 years if the delivery is of 31 or more firearms at the same
92919291 15 time or within a 5-year period.
92929292 16 (D) For purposes of this Section:
92939293 17 "School" means a public or private elementary or secondary
92949294 18 school, community college, college, or university.
92959295 19 "School related activity" means any sporting, social,
92969296 20 academic, or other activity for which students' attendance or
92979297 21 participation is sponsored, organized, or funded in whole or
92989298 22 in part by a school or school district.
92999299 23 (E) (Blank). A prosecution for a violation of paragraph
93009300 24 (k) of subsection (A) of this Section may be commenced within 6
93019301 25 years after the commission of the offense. A prosecution for a
93029302 26 violation of this Section other than paragraph (g) of
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93139313 1 subsection (A) of this Section may be commenced within 5 years
93149314 2 after the commission of the offense defined in the particular
93159315 3 paragraph.
93169316 4 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
93179317 5 102-813, eff. 5-13-22.)
93189318 6 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)
93199319 7 Sec. 24-3.1. Unlawful possession of firearms and firearm
93209320 8 ammunition.
93219321 9 (a) A person commits the offense of unlawful possession of
93229322 10 firearms or firearm ammunition when:
93239323 11 (1) He is under 18 years of age and has in his
93249324 12 possession any firearm of a size which may be concealed
93259325 13 upon the person; or
93269326 14 (2) He is under 21 years of age, has been convicted of
93279327 15 a misdemeanor other than a traffic offense or adjudged
93289328 16 delinquent and has any firearms or firearm ammunition in
93299329 17 his possession; or
93309330 18 (3) He is a narcotic addict and has any firearms or
93319331 19 firearm ammunition in his possession; or
93329332 20 (4) He has been a patient in a mental institution
93339333 21 within the past 5 years and has any firearms or firearm
93349334 22 ammunition in his possession. For purposes of this
93359335 23 paragraph (4):
93369336 24 "Mental institution" means any hospital,
93379337 25 institution, clinic, evaluation facility, mental
93389338
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93489348 1 health center, or part thereof, which is used
93499349 2 primarily for the care or treatment of persons with
93509350 3 mental illness.
93519351 4 "Patient in a mental institution" means the person
93529352 5 was admitted, either voluntarily or involuntarily, to
93539353 6 a mental institution for mental health treatment,
93549354 7 unless the treatment was voluntary and solely for an
93559355 8 alcohol abuse disorder and no other secondary
93569356 9 substance abuse disorder or mental illness; or
93579357 10 (5) He is a person with an intellectual disability and
93589358 11 has any firearms or firearm ammunition in his possession;
93599359 12 or
93609360 13 (6) He has in his possession any explosive bullet.
93619361 14 For purposes of this paragraph "explosive bullet" means
93629362 15 the projectile portion of an ammunition cartridge which
93639363 16 contains or carries an explosive charge which will explode
93649364 17 upon contact with the flesh of a human or an animal.
93659365 18 "Cartridge" means a tubular metal case having a projectile
93669366 19 affixed at the front thereof and a cap or primer at the rear
93679367 20 end thereof, with the propellant contained in such tube
93689368 21 between the projectile and the cap.
93699369 22 (a-5) A person prohibited from possessing a firearm under
93709370 23 this Section may petition the Director of the Illinois State
93719371 24 Police for a hearing and relief from the prohibition, unless
93729372 25 the prohibition was based upon a forcible felony, stalking,
93739373 26 aggravated stalking, domestic battery, any violation of the
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93849384 1 Illinois Controlled Substances Act, the Methamphetamine
93859385 2 Control and Community Protection Act, or the Cannabis Control
93869386 3 Act that is classified as a Class 2 or greater felony, any
93879387 4 felony violation of Article 24 of the Criminal Code of 1961 or
93889388 5 the Criminal Code of 2012, or any adjudication as a delinquent
93899389 6 minor for the commission of an offense that if committed by an
93909390 7 adult would be a felony, in which case the person may petition
93919391 8 the circuit court in writing in the county of his or her
93929392 9 residence for a hearing and relief from the prohibition. The
93939393 10 Director or court may grant the relief if it is established by
93949394 11 the petitioner to the court's or Director's satisfaction that:
93959395 12 (1) when in the circuit court, the State's Attorney
93969396 13 has been served with a written copy of the petition at
93979397 14 least 30 days before any hearing in the circuit court and
93989398 15 at the hearing the State's Attorney was afforded an
93999399 16 opportunity to present evidence and object to the
94009400 17 petition;
94019401 18 (2) the petitioner has not been convicted of a
94029402 19 forcible felony under the laws of this State or any other
94039403 20 jurisdiction within 20 years of the filing of the
94049404 21 petition, or at least 20 years have passed since the end of
94059405 22 any period of imprisonment imposed in relation to that
94069406 23 conviction;
94079407 24 (3) the circumstances regarding a criminal conviction,
94089408 25 where applicable, the petitioner's criminal history and
94099409 26 his reputation are such that the petitioner will not be
94109410
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94209420 1 likely to act in a manner dangerous to public safety;
94219421 2 (4) granting relief would not be contrary to the
94229422 3 public interest; and
94239423 4 (5) granting relief would not be contrary to federal
94249424 5 law.
94259425 6 (b) Sentence.
94269426 7 Unlawful possession of firearms, other than handguns, and
94279427 8 firearm ammunition is a Class A misdemeanor. Unlawful
94289428 9 possession of handguns is a Class 4 felony. The possession of
94299429 10 each firearm or firearm ammunition in violation of this
94309430 11 Section constitutes a single and separate violation.
94319431 12 (c) Nothing in paragraph (1) of subsection (a) of this
94329432 13 Section prohibits a person under 18 years of age from
94339433 14 participating in any lawful recreational activity with a
94349434 15 firearm such as, but not limited to, practice shooting at
94359435 16 targets upon established public or private target ranges or
94369436 17 hunting, trapping, or fishing in accordance with the Wildlife
94379437 18 Code or the Fish and Aquatic Life Code.
94389438 19 (Source: P.A. 99-143, eff. 7-27-15.)
94399439 20 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)
94409440 21 Sec. 24-3.2. Unlawful discharge of firearm projectiles.
94419441 22 (a) A person commits the offense of unlawful discharge of
94429442 23 firearm projectiles when he or she knowingly or recklessly
94439443 24 uses an armor piercing bullet, dragon's breath shotgun shell,
94449444 25 bolo shell, or flechette shell in violation of this Section.
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94519451
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94559455 1 For purposes of this Section:
94569456 2 "Armor piercing bullet" means any handgun bullet or
94579457 3 handgun ammunition with projectiles or projectile cores
94589458 4 constructed entirely (excluding the presence of traces of
94599459 5 other substances) from tungsten alloys, steel, iron, brass,
94609460 6 bronze, beryllium copper or depleted uranium, or fully
94619461 7 jacketed bullets larger than 22 caliber whose jacket has a
94629462 8 weight of more than 25% of the total weight of the projectile,
94639463 9 and excluding those handgun projectiles whose cores are
94649464 10 composed of soft materials such as lead or lead alloys, zinc or
94659465 11 zinc alloys, frangible projectiles designed primarily for
94669466 12 sporting purposes, and any other projectiles or projectile
94679467 13 cores that the U. S. Secretary of the Treasury finds to be
94689468 14 primarily intended to be used for sporting purposes or
94699469 15 industrial purposes or that otherwise does not constitute
94709470 16 "armor piercing ammunition" as that term is defined by federal
94719471 17 law.
94729472 18 "Dragon's breath shotgun shell" means any shotgun shell
94739473 19 that contains exothermic pyrophoric mesh metal as the
94749474 20 projectile and is designed for the purpose of throwing or
94759475 21 spewing a flame or fireball to simulate a flame-thrower.
94769476 22 "Bolo shell" means any shell that can be fired in a firearm
94779477 23 and expels as projectiles 2 or more metal balls connected by
94789478 24 solid metal wire.
94799479 25 "Flechette shell" means any shell that can be fired in a
94809480 26 firearm and expels 2 or more pieces of fin-stabilized solid
94819481
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94919491 1 metal wire or 2 or more solid dart-type projectiles.
94929492 2 (b) A person commits a Class X felony when he or she,
94939493 3 knowing that a firearm, as defined in Section 1.1 of the
94949494 4 Firearm Owners Identification Card Act, is loaded with an
94959495 5 armor piercing bullet, dragon's breath shotgun shell, bolo
94969496 6 shell, or flechette shell, intentionally or recklessly
94979497 7 discharges such firearm and such bullet or shell strikes any
94989498 8 other person.
94999499 9 (c) Any person who possesses, concealed on or about his or
95009500 10 her person, an armor piercing bullet, dragon's breath shotgun
95019501 11 shell, bolo shell, or flechette shell and a firearm suitable
95029502 12 for the discharge thereof is guilty of a Class 2 felony.
95039503 13 (d) This Section does not apply to or affect any of the
95049504 14 following:
95059505 15 (1) Peace officers;
95069506 16 (2) Wardens, superintendents and keepers of prisons,
95079507 17 penitentiaries, jails and other institutions for the
95089508 18 detention of persons accused or convicted of an offense;
95099509 19 (3) Members of the Armed Services or Reserve Forces of
95109510 20 the United States or the Illinois National Guard while in
95119511 21 the performance of their official duties;
95129512 22 (4) Federal officials required to carry firearms,
95139513 23 while engaged in the performance of their official duties;
95149514 24 (5) United States Marshals, while engaged in the
95159515 25 performance of their official duties.
95169516 26 (Source: P.A. 92-423, eff. 1-1-02.)
95179517
95189518
95199519
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95279527 1 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)
95289528 2 Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
95299529 3 (a) It shall be unlawful for any person who holds a license
95309530 4 to sell at retail any alcoholic liquor issued by the Illinois
95319531 5 Liquor Control Commission or local liquor control commissioner
95329532 6 under the Liquor Control Act of 1934 or an agent or employee of
95339533 7 the licensee to sell or deliver to any other person a firearm
95349534 8 in or on the real property of the establishment where the
95359535 9 licensee is licensed to sell alcoholic liquors unless the sale
95369536 10 or delivery of the firearm is otherwise lawful under this
95379537 11 Article and under the Firearm Owners Identification Card Act.
95389538 12 (b) Sentence. A violation of subsection (a) of this
95399539 13 Section is a Class 4 felony.
95409540 14 (Source: P.A. 87-591.)
95419541 15 (720 ILCS 5/24-3.5)
95429542 16 Sec. 24-3.5. Unlawful purchase of a firearm.
95439543 17 (a) For purposes of this Section, "firearms transaction
95449544 18 record form" means a form:
95459545 19 (1) executed by a transferee of a firearm stating: (i)
95469546 20 the transferee's name and address (including county or
95479547 21 similar political subdivision); (ii) whether the
95489548 22 transferee is a citizen of the United States; (iii) the
95499549 23 transferee's State of residence; and (iv) the date and
95509550 24 place of birth, height, weight, and race of the
95519551
95529552
95539553
95549554
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95579557
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95619561 1 transferee; and
95629562 2 (2) on which the transferee certifies that he or she
95639563 3 is not prohibited by federal law from transporting or
95649564 4 shipping a firearm in interstate or foreign commerce or
95659565 5 receiving a firearm that has been shipped or transported
95669566 6 in interstate or foreign commerce or possessing a firearm
95679567 7 in or affecting commerce.
95689568 8 (b) A person commits the offense of unlawful purchase of a
95699569 9 firearm who knowingly purchases or attempts to purchase a
95709570 10 firearm with the intent to deliver that firearm to another
95719571 11 person who is prohibited by federal or State law from
95729572 12 possessing a firearm.
95739573 13 (c) A person commits the offense of unlawful purchase of a
95749574 14 firearm when he or she, in purchasing or attempting to
95759575 15 purchase a firearm, intentionally provides false or misleading
95769576 16 information on a United States Department of the Treasury,
95779577 17 Bureau of Alcohol, Tobacco and Firearms firearms transaction
95789578 18 record form.
95799579 19 (d) Exemption. It is not a violation of subsection (b) of
95809580 20 this Section for a person to make a gift or loan of a firearm
95819581 21 to a person who is not prohibited by federal or State law from
95829582 22 possessing a firearm if the transfer of the firearm is made in
95839583 23 accordance with Section 3 of the Firearm Owners Identification
95849584 24 Card Act.
95859585 25 (e) Sentence.
95869586 26 (1) A person who commits the offense of unlawful
95879587
95889588
95899589
95909590
95919591
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95939593
95949594
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95979597 1 purchase of a firearm:
95989598 2 (A) is guilty of a Class 2 felony for purchasing or
95999599 3 attempting to purchase one firearm;
96009600 4 (B) is guilty of a Class 1 felony for purchasing or
96019601 5 attempting to purchase not less than 2 firearms and
96029602 6 not more than 5 firearms at the same time or within a
96039603 7 one year period;
96049604 8 (C) is guilty of a Class X felony for which the
96059605 9 offender shall be sentenced to a term of imprisonment
96069606 10 of not less than 9 years and not more than 40 years for
96079607 11 purchasing or attempting to purchase not less than 6
96089608 12 firearms at the same time or within a 2 year period.
96099609 13 (2) In addition to any other penalty that may be
96109610 14 imposed for a violation of this Section, the court may
96119611 15 sentence a person convicted of a violation of subsection
96129612 16 (c) of this Section to a fine not to exceed $250,000 for
96139613 17 each violation.
96149614 18 (f) A prosecution for unlawful purchase of a firearm may
96159615 19 be commenced within 6 years after the commission of the
96169616 20 offense.
96179617 21 (Source: P.A. 95-882, eff. 1-1-09.)
96189618 22 (720 ILCS 5/24-3B)
96199619 23 Sec. 24-3B. Firearms trafficking.
96209620 24 (a) A person commits firearms trafficking when he or she
96219621 25 is prohibited under federal or State law from possessing a
96229622
96239623
96249624
96259625
96269626
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96289628
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96329632 1 firearm has not been issued a currently valid Firearm Owner's
96339633 2 Identification Card and knowingly:
96349634 3 (1) brings, or causes to be brought, into this State,
96359635 4 a firearm or firearm ammunition for the purpose of sale,
96369636 5 delivery, or transfer to any other person or with the
96379637 6 intent to sell, deliver, or transfer the firearm or
96389638 7 firearm ammunition to any other person; or
96399639 8 (2) brings, or causes to be brought, into this State,
96409640 9 a firearm and firearm ammunition for the purpose of sale,
96419641 10 delivery, or transfer to any other person or with the
96429642 11 intent to sell, deliver, or transfer the firearm and
96439643 12 firearm ammunition to any other person.
96449644 13 (a-5) (Blank). This Section does not apply to:
96459645 14 (1) a person exempt under Section 2 of the Firearm
96469646 15 Owners Identification Card Act from the requirement of
96479647 16 having possession of a Firearm Owner's Identification Card
96489648 17 previously issued in his or her name by the Illinois State
96499649 18 Police in order to acquire or possess a firearm or firearm
96509650 19 ammunition;
96519651 20 (2) a common carrier under subsection (i) of Section
96529652 21 24-2 of this Code; or
96539653 22 (3) a non-resident who may lawfully possess a firearm
96549654 23 in his or her resident state.
96559655 24 (b) Sentence.
96569656 25 (1) Firearms trafficking is a Class 1 felony for which
96579657 26 the person, if sentenced to a term of imprisonment, shall
96589658
96599659
96609660
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96689668 1 be sentenced to not less than 4 years and not more than 20
96699669 2 years.
96709670 3 (2) Firearms trafficking by a person who has been
96719671 4 previously convicted of firearms trafficking, gunrunning,
96729672 5 or a felony offense for the unlawful sale, delivery, or
96739673 6 transfer of a firearm or firearm ammunition in this State
96749674 7 or another jurisdiction is a Class X felony.
96759675 8 (Source: P.A. 102-538, eff. 8-20-21.)
96769676 9 (720 ILCS 5/24-4.1)
96779677 10 Sec. 24-4.1. Report of lost or stolen firearms.
96789678 11 (a) If a person who possesses a valid Firearm Owner's
96799679 12 Identification Card and who possesses or acquires a firearm
96809680 13 thereafter loses the firearm, or if the firearm is stolen from
96819681 14 the person, the person must report the loss or theft to the
96829682 15 local law enforcement agency within 72 hours after obtaining
96839683 16 knowledge of the loss or theft.
96849684 17 (b) A law enforcement agency having jurisdiction shall
96859685 18 take a written report and shall, as soon as practical, enter
96869686 19 the firearm's serial number as stolen into the Law Enforcement
96879687 20 Agencies Data System (LEADS).
96889688 21 (c) A person shall not be in violation of this Section if:
96899689 22 (1) the failure to report is due to an act of God, act
96909690 23 of war, or inability of a law enforcement agency to
96919691 24 receive the report;
96929692 25 (2) the person is hospitalized, in a coma, or is
96939693
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97039703 1 otherwise seriously physically or mentally impaired as to
97049704 2 prevent the person from reporting; or
97059705 3 (3) the person's designee makes a report if the person
97069706 4 is unable to make the report.
97079707 5 (d) Sentence. A person who violates this Section is guilty
97089708 6 of a petty offense for a first violation. A second or
97099709 7 subsequent violation of this Section is a Class A misdemeanor.
97109710 8 (Source: P.A. 98-508, eff. 8-19-13.)
97119711 9 (720 ILCS 5/24-4.5 new)
97129712 10 Sec. 24-4.5. Dial up system.
97139713 11 (a) The Illinois State Police shall provide a dial up
97149714 12 telephone system or utilize other existing technology which
97159715 13 shall be used by any federally licensed firearm dealer, gun
97169716 14 show promoter, or gun show vendor who is to transfer a firearm,
97179717 15 stun gun, or taser under the provisions of this Code. The
97189718 16 Illinois State Police may utilize existing technology which
97199719 17 allows the caller to be charged a fee not to exceed $2. Fees
97209720 18 collected by the Illinois State Police shall be deposited in
97219721 19 the State Police Services Fund and used to provide the
97229722 20 service.
97239723 21 (b) Upon receiving a request from a federally licensed
97249724 22 firearm dealer, gun show promoter, or gun show vendor, the
97259725 23 Illinois State Police shall immediately approve, or within the
97269726 24 time period established by Section 24-3 of this Code regarding
97279727 25 the delivery of firearms, stun guns, and tasers notify the
97289728
97299729
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97389738 1 inquiring dealer, gun show promoter, or gun show vendor of any
97399739 2 objection that would disqualify the transferee from acquiring
97409740 3 or possessing a firearm, stun gun, or taser. In conducting the
97419741 4 inquiry, the Illinois State Police shall initiate and complete
97429742 5 an automated search of its criminal history record information
97439743 6 files and those of the Federal Bureau of Investigation,
97449744 7 including the National Instant Criminal Background Check
97459745 8 System, and of the files of the Department of Human Services
97469746 9 relating to mental health and developmental disabilities to
97479747 10 obtain any felony conviction or patient hospitalization
97489748 11 information which would disqualify a person from obtaining a
97499749 12 firearm.
97509750 13 (c) If receipt of a firearm would not violate Section 24-3
97519751 14 of this Code or federal law, the Illinois State Police shall:
97529752 15 (1) assign a unique identification number to the
97539753 16 transfer; and
97549754 17 (2) provide the licensee, gun show promoter, or gun
97559755 18 show vendor with the number.
97569756 19 (d) Approvals issued by the Illinois State Police for the
97579757 20 purchase of a firearm are valid for 30 days from the date of
97589758 21 issue.
97599759 22 (e)(1) The Illinois State Police must act as the Illinois
97609760 23 Point of Contact for the National Instant Criminal Background
97619761 24 Check System.
97629762 25 (2) The Illinois State Police and the Department of Human
97639763 26 Services shall, in accordance with State and federal law
97649764
97659765
97669766
97679767
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97749774 1 regarding confidentiality, enter into a memorandum of
97759775 2 understanding with the Federal Bureau of Investigation for the
97769776 3 purpose of implementing the National Instant Criminal
97779777 4 Background Check System in the State. The Department of State
97789778 5 Police shall report the name, date of birth, and physical
97799779 6 description of any person prohibited from possessing a firearm
97809780 7 under this Code or 18 U.S.C. 922(g) and (n) to the National
97819781 8 Instant Criminal Background Check System Index, Denied Persons
97829782 9 Files.
97839783 10 (f) The Illinois State Police shall adopt rules not
97849784 11 inconsistent with this Section to implement this system.
97859785 12 (720 ILCS 5/24-5.1)
97869786 13 Sec. 24-5.1. Serialization of unfinished frames or
97879787 14 receivers; prohibition on unserialized firearms; exceptions;
97889788 15 penalties.
97899789 16 (a) In this Section:
97909790 17 "Bona fide supplier" means an established business entity
97919791 18 engaged in the development and sale of firearms parts to one or
97929792 19 more federal firearms manufacturers or federal firearms
97939793 20 importers.
97949794 21 "Federal firearms dealer" means a licensed manufacturer
97959795 22 pursuant to 18 U.S.C. 921(a)(11).
97969796 23 "Federal firearms importer" means a licensed importer
97979797 24 pursuant to 18 U.S.C. 921(a)(9).
97989798 25 "Federal firearms manufacturer" means a licensed
97999799
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98099809 1 manufacturer pursuant to 18 U.S.C. 921(a)(10).
98109810 2 "Frame or receiver" means a part of a firearm that, when
98119811 3 the complete weapon is assembled, is visible from the exterior
98129812 4 and provides housing or a structure designed to hold or
98139813 5 integrate one or more fire control components, even if pins or
98149814 6 other attachments are required to connect those components to
98159815 7 the housing or structure. For models of firearms in which
98169816 8 multiple parts provide such housing or structure, the part or
98179817 9 parts that the Director of the federal Bureau of Alcohol,
98189818 10 Tobacco, Firearms and Explosives has determined are a frame or
98199819 11 receiver constitute the frame or receiver. For purposes of
98209820 12 this definition, "fire control component" means a component
98219821 13 necessary for the firearm to initiate, complete, or continue
98229822 14 the firing sequence, including any of the following: hammer,
98239823 15 bolt, bolt carrier, breechblock, cylinder, trigger mechanism,
98249824 16 firing pin, striker, or slide rails.
98259825 17 "Security exemplar" means an object to be fabricated at
98269826 18 the direction of the United States Attorney General that is
98279827 19 (1) constructed of 3.7 ounces of material type 17-4 PH
98289828 20 stainless steel in a shape resembling a handgun and (2)
98299829 21 suitable for testing and calibrating metal detectors.
98309830 22 "Three-dimensional printer" means a computer or
98319831 23 computer-drive machine capable of producing a
98329832 24 three-dimensional object from a digital model.
98339833 25 "Undetectable firearm" means (1) a firearm constructed
98349834 26 entirely of non-metal substances; (2) a firearm that, after
98359835
98369836
98379837
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98459845 1 removal of all parts but the major components of the firearm,
98469846 2 is not detectable by walk-through metal detectors calibrated
98479847 3 and operated to detect the security exemplar; or (3) a firearm
98489848 4 that includes a major component of a firearm, which, if
98499849 5 subject to the types of detection devices commonly used at
98509850 6 airports for security screening, would not generate an image
98519851 7 that accurately depicts the shape of the component.
98529852 8 "Undetectable firearm" does not include a firearm subject to
98539853 9 the provisions of 18 U.S.C. 922(p)(3) through (6).
98549854 10 "Unfinished frame or receiver" means any forging, casting,
98559855 11 printing, extrusion, machined body, or similar article that:
98569856 12 (1) has reached a stage in manufacture where it may
98579857 13 readily be completed, assembled, or converted to be a
98589858 14 functional firearm; or
98599859 15 (2) is marketed or sold to the public to become or be
98609860 16 used as the frame or receiver of a functional firearm once
98619861 17 completed, assembled, or converted.
98629862 18 "Unserialized" means lacking a serial number imprinted by:
98639863 19 (1) a federal firearms manufacturer, federal firearms
98649864 20 importer, federal firearms dealer, or other federal
98659865 21 licensee authorized to provide marking services, pursuant
98669866 22 to a requirement under federal law; or
98679867 23 (2) a federal firearms dealer or other federal
98689868 24 licensee authorized to provide marking services pursuant
98699869 25 to subsection (f) of this Section.
98709870 26 (b) It is unlawful for any person to knowingly sell, offer
98719871
98729872
98739873
98749874
98759875
98769876 HB2922 - 276 - LRB103 27829 RLC 54207 b
98779877
98789878
98799879 HB2922- 277 -LRB103 27829 RLC 54207 b HB2922 - 277 - LRB103 27829 RLC 54207 b
98809880 HB2922 - 277 - LRB103 27829 RLC 54207 b
98819881 1 to sell, or transfer an unserialized unfinished frame or
98829882 2 receiver or unserialized firearm, including those produced
98839883 3 using a three-dimensional printer, unless the party purchasing
98849884 4 or receiving the unfinished frame or receiver or unserialized
98859885 5 firearm is a federal firearms importer, federal firearms
98869886 6 manufacturer, or federal firearms dealer.
98879887 7 (c) Beginning 180 days after the effective date of this
98889888 8 amendatory Act of the 102nd General Assembly, it is unlawful
98899889 9 for any person to knowingly possess, transport, or receive an
98909890 10 unfinished frame or receiver, unless:
98919891 11 (1) the party possessing or receiving the unfinished
98929892 12 frame or receiver is a federal firearms importer or
98939893 13 federal firearms manufacturer;
98949894 14 (2) the unfinished frame or receiver is possessed or
98959895 15 transported by a person for transfer to a federal firearms
98969896 16 importer or federal firearms manufacturer; or
98979897 17 (3) the unfinished frame or receiver has been
98989898 18 imprinted with a serial number issued by a federal
98999899 19 firearms importer or federal firearms manufacturer in
99009900 20 compliance with subsection (f) of this Section.
99019901 21 (d) Beginning 180 days after the effective date of this
99029902 22 amendatory Act of the 102nd General Assembly, unless the party
99039903 23 receiving the firearm is a federal firearms importer or
99049904 24 federal firearms manufacturer, it is unlawful for any person
99059905 25 to knowingly possess, purchase, transport, or receive a
99069906 26 firearm that is not imprinted with a serial number by (1) a
99079907
99089908
99099909
99109910
99119911
99129912 HB2922 - 277 - LRB103 27829 RLC 54207 b
99139913
99149914
99159915 HB2922- 278 -LRB103 27829 RLC 54207 b HB2922 - 278 - LRB103 27829 RLC 54207 b
99169916 HB2922 - 278 - LRB103 27829 RLC 54207 b
99179917 1 federal firearms importer or federal firearms manufacturer in
99189918 2 compliance with all federal laws and regulations regulating
99199919 3 the manufacture and import of firearms or (2) a federal
99209920 4 firearms manufacturer, federal firearms dealer, or other
99219921 5 federal licensee authorized to provide marking services in
99229922 6 compliance with the unserialized firearm serialization process
99239923 7 under subsection (f) of this Section.
99249924 8 (e) Any firearm or unfinished frame or receiver
99259925 9 manufactured using a three-dimensional printer must also be
99269926 10 serialized in accordance with the requirements of subsection
99279927 11 (f) within 30 days after the effective date of this amendatory
99289928 12 Act of the 102nd General Assembly, or prior to reaching a stage
99299929 13 of manufacture where it may be readily completed, assembled,
99309930 14 or converted to be a functional firearm.
99319931 15 (f) Unserialized unfinished frames or receivers and
99329932 16 unserialized firearms serialized pursuant to this Section
99339933 17 shall be serialized in compliance with all of the following:
99349934 18 (1) An unserialized unfinished frame or receiver and
99359935 19 unserialized firearm shall be serialized by a federally
99369936 20 licensed firearms dealer or other federal licensee
99379937 21 authorized to provide marking services with the licensee's
99389938 22 abbreviated federal firearms license number as a prefix
99399939 23 (which is the first 3 and last 5 digits) followed by a
99409940 24 hyphen, and then followed by a number as a suffix, such as
99419941 25 12345678-(number). The serial number or numbers must be
99429942 26 placed in a manner that accords with the requirements
99439943
99449944
99459945
99469946
99479947
99489948 HB2922 - 278 - LRB103 27829 RLC 54207 b
99499949
99509950
99519951 HB2922- 279 -LRB103 27829 RLC 54207 b HB2922 - 279 - LRB103 27829 RLC 54207 b
99529952 HB2922 - 279 - LRB103 27829 RLC 54207 b
99539953 1 under federal law for affixing serial numbers to firearms,
99549954 2 including the requirements that the serial number or
99559955 3 numbers be at the minimum size and depth, and not
99569956 4 susceptible to being readily obliterated, altered, or
99579957 5 removed, and the licensee must retain records that accord
99589958 6 with the requirements under federal law in the case of the
99599959 7 sale of a firearm. The imprinting of any serial number
99609960 8 upon a undetectable firearm must be done on a steel plaque
99619961 9 in compliance with 18 U.S.C. 922(p).
99629962 10 (2) Every federally licensed firearms dealer or other
99639963 11 federal licensee that engraves, casts, stamps, or
99649964 12 otherwise conspicuously and permanently places a unique
99659965 13 serial number pursuant to this Section shall maintain a
99669966 14 record of such indefinitely. Licensees subject to the
99679967 15 Firearm Dealer License Certification Act shall make all
99689968 16 records accessible for inspection upon the request of the
99699969 17 Illinois State Police or a law enforcement agency in
99709970 18 accordance with Section 5-35 of the Firearm Dealer License
99719971 19 Certification Act.
99729972 20 (3) Every federally licensed firearms dealer or other
99739973 21 federal licensee that engraves, casts, stamps, or
99749974 22 otherwise conspicuously and permanently places a unique
99759975 23 serial number pursuant to this Section shall record it at
99769976 24 the time of every transaction involving the transfer of a
99779977 25 firearm, rifle, shotgun, finished frame or receiver, or
99789978 26 unfinished frame or receiver that has been so marked in
99799979
99809980
99819981
99829982
99839983
99849984 HB2922 - 279 - LRB103 27829 RLC 54207 b
99859985
99869986
99879987 HB2922- 280 -LRB103 27829 RLC 54207 b HB2922 - 280 - LRB103 27829 RLC 54207 b
99889988 HB2922 - 280 - LRB103 27829 RLC 54207 b
99899989 1 compliance with the federal guidelines set forth in 27 CFR
99909990 2 478.124.
99919991 3 (4) (Blank). Every federally licensed firearms dealer
99929992 4 or other federal licensee that engraves, casts, stamps, or
99939993 5 otherwise conspicuously and permanently places a unique
99949994 6 serial number pursuant to this Section shall review and
99959995 7 confirm the validity of the owner's Firearm Owner's
99969996 8 Identification Card issued under the Firearm Owners
99979997 9 Identification Card Act prior to returning the firearm to
99989998 10 the owner.
99999999 11 (g) Within 30 days after the effective date of this
1000010000 12 amendatory Act of the 102nd General Assembly, the Director of
1000110001 13 the Illinois State Police shall issue a public notice
1000210002 14 regarding the provisions of this Section. The notice shall
1000310003 15 include posting on the Illinois State Police website and may
1000410004 16 include written notification or any other means of
1000510005 17 communication statewide to all Illinois-based federal firearms
1000610006 18 manufacturers, federal firearms dealers, or other federal
1000710007 19 licensees authorized to provide marking services in compliance
1000810008 20 with the serialization process in subsection (f) in order to
1000910009 21 educate the public.
1001010010 22 (h) Exceptions. This Section does not apply to an
1001110011 23 unserialized unfinished frame or receiver or an unserialized
1001210012 24 firearm that:
1001310013 25 (1) has been rendered permanently inoperable;
1001410014 26 (2) is an antique firearm, as defined in 18 U.S.C.
1001510015
1001610016
1001710017
1001810018
1001910019
1002010020 HB2922 - 280 - LRB103 27829 RLC 54207 b
1002110021
1002210022
1002310023 HB2922- 281 -LRB103 27829 RLC 54207 b HB2922 - 281 - LRB103 27829 RLC 54207 b
1002410024 HB2922 - 281 - LRB103 27829 RLC 54207 b
1002510025 1 921(a)(16);
1002610026 2 (3) was manufactured prior to October 22, 1968;
1002710027 3 (4) is an unfinished frame or receiver and is
1002810028 4 possessed by a bona fide supplier exclusively for transfer
1002910029 5 to a federal firearms manufacturer or federal firearms
1003010030 6 importer, or is possessed by a federal firearms
1003110031 7 manufacturer or federal firearms importer in compliance
1003210032 8 with all federal laws and regulations regulating the
1003310033 9 manufacture and import of firearms; except this exemption
1003410034 10 does not apply if an unfinished frame or receiver is
1003510035 11 possessed for transfer or is transferred to a person other
1003610036 12 than a federal firearms manufacturer or federal firearms
1003710037 13 importer; or
1003810038 14 (5) is possessed by a person who received the
1003910039 15 unserialized unfinished frame or receiver or unserialized
1004010040 16 firearm through inheritance, and is not otherwise
1004110041 17 prohibited from possessing the unserialized unfinished
1004210042 18 frame or receiver or unserialized firearm, for a period
1004310043 19 not exceeding 30 days after inheriting the unserialized
1004410044 20 unfinished frame or receiver or unserialized firearm.
1004510045 21 (i) Penalties.
1004610046 22 (1) A person who violates subsection (c) or (d) is
1004710047 23 guilty of a Class A misdemeanor for a first violation and
1004810048 24 is guilty of a Class 3 felony for a second or subsequent
1004910049 25 violation.
1005010050 26 (2) A person who violates subsection (b) is guilty of
1005110051
1005210052
1005310053
1005410054
1005510055
1005610056 HB2922 - 281 - LRB103 27829 RLC 54207 b
1005710057
1005810058
1005910059 HB2922- 282 -LRB103 27829 RLC 54207 b HB2922 - 282 - LRB103 27829 RLC 54207 b
1006010060 HB2922 - 282 - LRB103 27829 RLC 54207 b
1006110061 1 a Class 4 felony for a first violation and is guilty of a
1006210062 2 Class 2 felony for a second or subsequent violation.
1006310063 3 (Source: P.A. 102-889, eff. 5-18-22.)
1006410064 4 (720 ILCS 5/24-9)
1006510065 5 Sec. 24-9. Firearms; Child Protection.
1006610066 6 (a) Except as provided in subsection (c), it is unlawful
1006710067 7 for any person to store or leave, within premises under his or
1006810068 8 her control, a firearm if the person knows or has reason to
1006910069 9 believe that a minor under the age of 14 years who does not
1007010070 10 have a Firearm Owners Identification Card is likely to gain
1007110071 11 access to the firearm without the lawful permission of the
1007210072 12 person possessing the firearm, minor's parent, guardian, or
1007310073 13 person having charge of the minor, and the minor causes death
1007410074 14 or great bodily harm with the firearm, unless the firearm is:
1007510075 15 (1) secured by a device or mechanism, other than the
1007610076 16 firearm safety, designed to render a firearm temporarily
1007710077 17 inoperable; or
1007810078 18 (2) placed in a securely locked box or container; or
1007910079 19 (3) placed in some other location that a reasonable
1008010080 20 person would believe to be secure from a minor under the
1008110081 21 age of 14 years.
1008210082 22 (b) Sentence. A person who violates this Section is guilty
1008310083 23 of a Class C misdemeanor and shall be fined not less than
1008410084 24 $1,000. A second or subsequent violation of this Section is a
1008510085 25 Class A misdemeanor.
1008610086
1008710087
1008810088
1008910089
1009010090
1009110091 HB2922 - 282 - LRB103 27829 RLC 54207 b
1009210092
1009310093
1009410094 HB2922- 283 -LRB103 27829 RLC 54207 b HB2922 - 283 - LRB103 27829 RLC 54207 b
1009510095 HB2922 - 283 - LRB103 27829 RLC 54207 b
1009610096 1 (c) Subsection (a) does not apply:
1009710097 2 (1) if the minor under 14 years of age gains access to
1009810098 3 a firearm and uses it in a lawful act of self-defense or
1009910099 4 defense of another; or
1010010100 5 (2) to any firearm obtained by a minor under the age of
1010110101 6 14 because of an unlawful entry of the premises by the
1010210102 7 minor or another person.
1010310103 8 (d) (Blank). For the purposes of this Section, "firearm"
1010410104 9 has the meaning ascribed to it in Section 1.1 of the Firearm
1010510105 10 Owners Identification Card Act.
1010610106 11 (Source: P.A. 91-18, eff. 1-1-00.)
1010710107 12 Section 80. The Methamphetamine Control and Community
1010810108 13 Protection Act is amended by changing Section 10 as follows:
1010910109 14 (720 ILCS 646/10)
1011010110 15 Sec. 10. Definitions. As used in this Act:
1011110111 16 "Anhydrous ammonia" has the meaning provided in subsection
1011210112 17 (d) of Section 3 of the Illinois Fertilizer Act of 1961.
1011310113 18 "Anhydrous ammonia equipment" means all items used to
1011410114 19 store, hold, contain, handle, transfer, transport, or apply
1011510115 20 anhydrous ammonia for lawful purposes.
1011610116 21 "Booby trap" means any device designed to cause physical
1011710117 22 injury when triggered by an act of a person approaching,
1011810118 23 entering, or moving through a structure, a vehicle, or any
1011910119 24 location where methamphetamine has been manufactured, is being
1012010120
1012110121
1012210122
1012310123
1012410124
1012510125 HB2922 - 283 - LRB103 27829 RLC 54207 b
1012610126
1012710127
1012810128 HB2922- 284 -LRB103 27829 RLC 54207 b HB2922 - 284 - LRB103 27829 RLC 54207 b
1012910129 HB2922 - 284 - LRB103 27829 RLC 54207 b
1013010130 1 manufactured, or is intended to be manufactured.
1013110131 2 "Deliver" or "delivery" has the meaning provided in
1013210132 3 subsection (h) of Section 102 of the Illinois Controlled
1013310133 4 Substances Act.
1013410134 5 "Director" means the Director of the Illinois State Police
1013510135 6 or the Director's designated agents.
1013610136 7 "Dispose" or "disposal" means to abandon, discharge,
1013710137 8 release, deposit, inject, dump, spill, leak, or place
1013810138 9 methamphetamine waste onto or into any land, water, or well of
1013910139 10 any type so that the waste has the potential to enter the
1014010140 11 environment, be emitted into the air, or be discharged into
1014110141 12 the soil or any waters, including groundwater.
1014210142 13 "Emergency response" means the act of collecting evidence
1014310143 14 from or securing a methamphetamine laboratory site,
1014410144 15 methamphetamine waste site or other methamphetamine-related
1014510145 16 site and cleaning up the site, whether these actions are
1014610146 17 performed by public entities or private contractors paid by
1014710147 18 public entities.
1014810148 19 "Emergency service provider" means a local, State, or
1014910149 20 federal peace officer, firefighter, emergency medical
1015010150 21 technician-ambulance, emergency medical
1015110151 22 technician-intermediate, emergency medical
1015210152 23 technician-paramedic, ambulance driver, or other medical or
1015310153 24 first aid personnel rendering aid, or any agent or designee of
1015410154 25 the foregoing.
1015510155 26 "Finished methamphetamine" means methamphetamine in a form
1015610156
1015710157
1015810158
1015910159
1016010160
1016110161 HB2922 - 284 - LRB103 27829 RLC 54207 b
1016210162
1016310163
1016410164 HB2922- 285 -LRB103 27829 RLC 54207 b HB2922 - 285 - LRB103 27829 RLC 54207 b
1016510165 HB2922 - 285 - LRB103 27829 RLC 54207 b
1016610166 1 commonly used for personal consumption.
1016710167 2 "Firearm" has the meaning provided in Section 2-7.5 of the
1016810168 3 Criminal Code of 2012 1.1 of the Firearm Owners Identification
1016910169 4 Card Act.
1017010170 5 "Manufacture" means to produce, prepare, compound,
1017110171 6 convert, process, synthesize, concentrate, purify, separate,
1017210172 7 extract, or package any methamphetamine, methamphetamine
1017310173 8 precursor, methamphetamine manufacturing catalyst,
1017410174 9 methamphetamine manufacturing reagent, methamphetamine
1017510175 10 manufacturing solvent, or any substance containing any of the
1017610176 11 foregoing.
1017710177 12 "Methamphetamine" means the chemical methamphetamine (a
1017810178 13 Schedule II controlled substance under the Illinois Controlled
1017910179 14 Substances Act) or any salt, optical isomer, salt of optical
1018010180 15 isomer, or analog thereof, with the exception of
1018110181 16 3,4-Methylenedioxymethamphetamine (MDMA) or any other
1018210182 17 scheduled substance with a separate listing under the Illinois
1018310183 18 Controlled Substances Act.
1018410184 19 "Methamphetamine manufacturing catalyst" means any
1018510185 20 substance that has been used, is being used, or is intended to
1018610186 21 be used to activate, accelerate, extend, or improve a chemical
1018710187 22 reaction involved in the manufacture of methamphetamine.
1018810188 23 "Methamphetamine manufacturing environment" means a
1018910189 24 structure or vehicle in which:
1019010190 25 (1) methamphetamine is being or has been manufactured;
1019110191 26 (2) chemicals that are being used, have been used, or
1019210192
1019310193
1019410194
1019510195
1019610196
1019710197 HB2922 - 285 - LRB103 27829 RLC 54207 b
1019810198
1019910199
1020010200 HB2922- 286 -LRB103 27829 RLC 54207 b HB2922 - 286 - LRB103 27829 RLC 54207 b
1020110201 HB2922 - 286 - LRB103 27829 RLC 54207 b
1020210202 1 are intended to be used to manufacture methamphetamine are
1020310203 2 stored;
1020410204 3 (3) methamphetamine manufacturing materials that have
1020510205 4 been used to manufacture methamphetamine are stored; or
1020610206 5 (4) methamphetamine manufacturing waste is stored.
1020710207 6 "Methamphetamine manufacturing material" means any
1020810208 7 methamphetamine precursor, substance containing any
1020910209 8 methamphetamine precursor, methamphetamine manufacturing
1021010210 9 catalyst, substance containing any methamphetamine
1021110211 10 manufacturing catalyst, methamphetamine manufacturing
1021210212 11 reagent, substance containing any methamphetamine
1021310213 12 manufacturing reagent, methamphetamine manufacturing solvent,
1021410214 13 substance containing any methamphetamine manufacturing
1021510215 14 solvent, or any other chemical, substance, ingredient,
1021610216 15 equipment, apparatus, or item that is being used, has been
1021710217 16 used, or is intended to be used in the manufacture of
1021810218 17 methamphetamine.
1021910219 18 "Methamphetamine manufacturing reagent" means any
1022010220 19 substance other than a methamphetamine manufacturing catalyst
1022110221 20 that has been used, is being used, or is intended to be used to
1022210222 21 react with and chemically alter any methamphetamine precursor.
1022310223 22 "Methamphetamine manufacturing solvent" means any
1022410224 23 substance that has been used, is being used, or is intended to
1022510225 24 be used as a medium in which any methamphetamine precursor,
1022610226 25 methamphetamine manufacturing catalyst, methamphetamine
1022710227 26 manufacturing reagent, or any substance containing any of the
1022810228
1022910229
1023010230
1023110231
1023210232
1023310233 HB2922 - 286 - LRB103 27829 RLC 54207 b
1023410234
1023510235
1023610236 HB2922- 287 -LRB103 27829 RLC 54207 b HB2922 - 287 - LRB103 27829 RLC 54207 b
1023710237 HB2922 - 287 - LRB103 27829 RLC 54207 b
1023810238 1 foregoing is dissolved, diluted, or washed during any part of
1023910239 2 the methamphetamine manufacturing process.
1024010240 3 "Methamphetamine manufacturing waste" means any chemical,
1024110241 4 substance, ingredient, equipment, apparatus, or item that is
1024210242 5 left over from, results from, or is produced by the process of
1024310243 6 manufacturing methamphetamine, other than finished
1024410244 7 methamphetamine.
1024510245 8 "Methamphetamine precursor" means ephedrine,
1024610246 9 pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
1024710247 10 phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
1024810248 11 isomer, or salt of an optical isomer of any of these chemicals.
1024910249 12 "Multi-unit dwelling" means a unified structure used or
1025010250 13 intended for use as a habitation, home, or residence that
1025110251 14 contains 2 or more condominiums, apartments, hotel rooms,
1025210252 15 motel rooms, or other living units.
1025310253 16 "Package" means an item marked for retail sale that is not
1025410254 17 designed to be further broken down or subdivided for the
1025510255 18 purpose of retail sale.
1025610256 19 "Participate" or "participation" in the manufacture of
1025710257 20 methamphetamine means to produce, prepare, compound, convert,
1025810258 21 process, synthesize, concentrate, purify, separate, extract,
1025910259 22 or package any methamphetamine, methamphetamine precursor,
1026010260 23 methamphetamine manufacturing catalyst, methamphetamine
1026110261 24 manufacturing reagent, methamphetamine manufacturing solvent,
1026210262 25 or any substance containing any of the foregoing, or to assist
1026310263 26 in any of these actions, or to attempt to take any of these
1026410264
1026510265
1026610266
1026710267
1026810268
1026910269 HB2922 - 287 - LRB103 27829 RLC 54207 b
1027010270
1027110271
1027210272 HB2922- 288 -LRB103 27829 RLC 54207 b HB2922 - 288 - LRB103 27829 RLC 54207 b
1027310273 HB2922 - 288 - LRB103 27829 RLC 54207 b
1027410274 1 actions, regardless of whether this action or these actions
1027510275 2 result in the production of finished methamphetamine.
1027610276 3 "Person with a disability" means a person who suffers from
1027710277 4 a permanent physical or mental impairment resulting from
1027810278 5 disease, injury, functional disorder, or congenital condition
1027910279 6 which renders the person incapable of adequately providing for
1028010280 7 his or her own health and personal care.
1028110281 8 "Procure" means to purchase, steal, gather, or otherwise
1028210282 9 obtain, by legal or illegal means, or to cause another to take
1028310283 10 such action.
1028410284 11 "Second or subsequent offense" means an offense under this
1028510285 12 Act committed by an offender who previously committed an
1028610286 13 offense under this Act, the Illinois Controlled Substances
1028710287 14 Act, the Cannabis Control Act, or another Act of this State,
1028810288 15 another state, or the United States relating to
1028910289 16 methamphetamine, cannabis, or any other controlled substance.
1029010290 17 "Standard dosage form", as used in relation to any
1029110291 18 methamphetamine precursor, means that the methamphetamine
1029210292 19 precursor is contained in a pill, tablet, capsule, caplet, gel
1029310293 20 cap, or liquid cap that has been manufactured by a lawful
1029410294 21 entity and contains a standard quantity of methamphetamine
1029510295 22 precursor.
1029610296 23 "Unauthorized container", as used in relation to anhydrous
1029710297 24 ammonia, means any container that is not designed for the
1029810298 25 specific and sole purpose of holding, storing, transporting,
1029910299 26 or applying anhydrous ammonia. "Unauthorized container"
1030010300
1030110301
1030210302
1030310303
1030410304
1030510305 HB2922 - 288 - LRB103 27829 RLC 54207 b
1030610306
1030710307
1030810308 HB2922- 289 -LRB103 27829 RLC 54207 b HB2922 - 289 - LRB103 27829 RLC 54207 b
1030910309 HB2922 - 289 - LRB103 27829 RLC 54207 b
1031010310 1 includes, but is not limited to, any propane tank, fire
1031110311 2 extinguisher, oxygen cylinder, gasoline can, food or beverage
1031210312 3 cooler, or compressed gas cylinder used in dispensing fountain
1031310313 4 drinks. "Unauthorized container" does not encompass anhydrous
1031410314 5 ammonia manufacturing plants, refrigeration systems where
1031510315 6 anhydrous ammonia is used solely as a refrigerant, anhydrous
1031610316 7 ammonia transportation pipelines, anhydrous ammonia tankers,
1031710317 8 or anhydrous ammonia barges.
1031810318 9 (Source: P.A. 102-538, eff. 8-20-21.)
1031910319 10 Section 85. The Code of Criminal Procedure of 1963 is
1032010320 11 amended by changing Sections 102-7.1, 110-10, 112A-11.1,
1032110321 12 112A-11.2, 112A-14, and 112A-14.7 as follows:
1032210322 13 (725 ILCS 5/102-7.1)
1032310323 14 (Text of Section before amendment by P.A. 102-982)
1032410324 15 Sec. 102-7.1. "Category A offense". "Category A offense"
1032510325 16 means a Class 1 felony, Class 2 felony, Class X felony, first
1032610326 17 degree murder, a violation of Section 11-204 of the Illinois
1032710327 18 Vehicle Code, a second or subsequent violation of Section
1032810328 19 11-501 of the Illinois Vehicle Code, a violation of subsection
1032910329 20 (d) of Section 11-501 of the Illinois Vehicle Code, a
1033010330 21 violation of Section 11-401 of the Illinois Vehicle Code if
1033110331 22 the accident results in injury and the person failed to report
1033210332 23 the accident within 30 minutes, a violation of Section 9-3,
1033310333 24 9-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5,
1033410334
1033510335
1033610336
1033710337
1033810338
1033910339 HB2922 - 289 - LRB103 27829 RLC 54207 b
1034010340
1034110341
1034210342 HB2922- 290 -LRB103 27829 RLC 54207 b HB2922 - 290 - LRB103 27829 RLC 54207 b
1034310343 HB2922 - 290 - LRB103 27829 RLC 54207 b
1034410344 1 11-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5,
1034510345 2 12-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5,
1034610346 3 24-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a
1034710347 4 second or subsequent violation of 12-3.2 or 12-3.4 of the
1034810348 5 Criminal Code of 2012, a violation of paragraph (5) or (6) of
1034910349 6 subsection (b) of Section 10-9 of the Criminal Code of 2012, a
1035010350 7 violation of subsection (b) or (c) or paragraph (1) or (2) of
1035110351 8 subsection (a) of Section 11-1.50 of the Criminal Code of
1035210352 9 2012, a violation of Section 12-7 of the Criminal Code of 2012
1035310353 10 if the defendant inflicts bodily harm on the victim to obtain a
1035410354 11 confession, statement, or information, a violation of Section
1035510355 12 12-7.5 of the Criminal Code of 2012 if the action results in
1035610356 13 bodily harm, a violation of paragraph (3) of subsection (b) of
1035710357 14 Section 17-2 of the Criminal Code of 2012, a violation of
1035810358 15 subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of
1035910359 16 2012, a violation of paragraph (6) of subsection (a) of
1036010360 17 Section 24-1 of the Criminal Code of 2012, a first violation of
1036110361 18 Section 24-1.6 of the Criminal Code of 2012 by a person 18
1036210362 19 years of age or older where the factors listed in both items
1036310363 20 (A) and (C) or both items (A-5) and (C) of paragraph (3) of
1036410364 21 subsection (a) of Section 24-1.6 of the Criminal Code of 2012
1036510365 22 are present, a Class 3 felony violation of paragraph (1) of
1036610366 23 subsection (a) of Section 2 of the Firearm Owners
1036710367 24 Identification Card Act committed before the effective date of
1036810368 25 this amendatory Act of the 103rd General Assembly, or a
1036910369 26 violation of Section 10 of the Sex Offender Registration Act.
1037010370
1037110371
1037210372
1037310373
1037410374
1037510375 HB2922 - 290 - LRB103 27829 RLC 54207 b
1037610376
1037710377
1037810378 HB2922- 291 -LRB103 27829 RLC 54207 b HB2922 - 291 - LRB103 27829 RLC 54207 b
1037910379 HB2922 - 291 - LRB103 27829 RLC 54207 b
1038010380 1 (Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
1038110381 2 (Text of Section after amendment by P.A. 102-982)
1038210382 3 Sec. 102-7.1. "Category A offense". "Category A offense"
1038310383 4 means a Class 1 felony, Class 2 felony, Class X felony, first
1038410384 5 degree murder, a violation of Section 11-204 of the Illinois
1038510385 6 Vehicle Code, a second or subsequent violation of Section
1038610386 7 11-501 of the Illinois Vehicle Code, a violation of subsection
1038710387 8 (d) of Section 11-501 of the Illinois Vehicle Code, a
1038810388 9 violation of Section 11-401 of the Illinois Vehicle Code if
1038910389 10 the crash results in injury and the person failed to report the
1039010390 11 crash within 30 minutes, a violation of Section 9-3, 9-3.4,
1039110391 12 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25,
1039210392 13 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6,
1039310393 14 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3,
1039410394 15 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or
1039510395 16 subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code
1039610396 17 of 2012, a violation of paragraph (5) or (6) of subsection (b)
1039710397 18 of Section 10-9 of the Criminal Code of 2012, a violation of
1039810398 19 subsection (b) or (c) or paragraph (1) or (2) of subsection (a)
1039910399 20 of Section 11-1.50 of the Criminal Code of 2012, a violation of
1040010400 21 Section 12-7 of the Criminal Code of 2012 if the defendant
1040110401 22 inflicts bodily harm on the victim to obtain a confession,
1040210402 23 statement, or information, a violation of Section 12-7.5 of
1040310403 24 the Criminal Code of 2012 if the action results in bodily harm,
1040410404 25 a violation of paragraph (3) of subsection (b) of Section 17-2
1040510405
1040610406
1040710407
1040810408
1040910409
1041010410 HB2922 - 291 - LRB103 27829 RLC 54207 b
1041110411
1041210412
1041310413 HB2922- 292 -LRB103 27829 RLC 54207 b HB2922 - 292 - LRB103 27829 RLC 54207 b
1041410414 HB2922 - 292 - LRB103 27829 RLC 54207 b
1041510415 1 of the Criminal Code of 2012, a violation of subdivision
1041610416 2 (a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a
1041710417 3 violation of paragraph (6) of subsection (a) of Section 24-1
1041810418 4 of the Criminal Code of 2012, a first violation of Section
1041910419 5 24-1.6 of the Criminal Code of 2012 by a person 18 years of age
1042010420 6 or older where the factors listed in both items (A) and (C) or
1042110421 7 both items (A-5) and (C) of paragraph (3) of subsection (a) of
1042210422 8 Section 24-1.6 of the Criminal Code of 2012 are present, a
1042310423 9 Class 3 felony violation of paragraph (1) of subsection (a) of
1042410424 10 Section 2 of the Firearm Owners Identification Card Act
1042510425 11 committed before the effective date of this amendatory Act of
1042610426 12 the 103rd General Assembly, or a violation of Section 10 of the
1042710427 13 Sex Offender Registration Act.
1042810428 14 (Source: P.A. 102-982, eff. 7-1-23.)
1042910429 15 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
1043010430 16 Sec. 110-10. Conditions of pretrial release.
1043110431 17 (a) If a person is released prior to conviction, the
1043210432 18 conditions of pretrial release shall be that he or she will:
1043310433 19 (1) Appear to answer the charge in the court having
1043410434 20 jurisdiction on a day certain and thereafter as ordered by
1043510435 21 the court until discharged or final order of the court;
1043610436 22 (2) Submit himself or herself to the orders and
1043710437 23 process of the court;
1043810438 24 (3) (Blank);
1043910439 25 (4) Not violate any criminal statute of any
1044010440
1044110441
1044210442
1044310443
1044410444
1044510445 HB2922 - 292 - LRB103 27829 RLC 54207 b
1044610446
1044710447
1044810448 HB2922- 293 -LRB103 27829 RLC 54207 b HB2922 - 293 - LRB103 27829 RLC 54207 b
1044910449 HB2922 - 293 - LRB103 27829 RLC 54207 b
1045010450 1 jurisdiction;
1045110451 2 (5) At a time and place designated by the court,
1045210452 3 surrender all firearms in his or her possession to a law
1045310453 4 enforcement officer designated by the court to take
1045410454 5 custody of and impound the firearms and physically
1045510455 6 surrender his or her Firearm Owner's Identification Card
1045610456 7 to the clerk of the circuit court when the offense the
1045710457 8 person has been charged with is a forcible felony,
1045810458 9 stalking, aggravated stalking, domestic battery, any
1045910459 10 violation of the Illinois Controlled Substances Act, the
1046010460 11 Methamphetamine Control and Community Protection Act, or
1046110461 12 the Cannabis Control Act that is classified as a Class 2 or
1046210462 13 greater felony, or any felony violation of Article 24 of
1046310463 14 the Criminal Code of 1961 or the Criminal Code of 2012; the
1046410464 15 court may, however, forgo the imposition of this condition
1046510465 16 when the circumstances of the case clearly do not warrant
1046610466 17 it or when its imposition would be impractical; if the
1046710467 18 Firearm Owner's Identification Card is confiscated, the
1046810468 19 clerk of the circuit court shall mail the confiscated card
1046910469 20 to the Illinois State Police; all legally possessed
1047010470 21 firearms shall be returned to the person upon the charges
1047110471 22 being dismissed, or if the person is found not guilty,
1047210472 23 unless the finding of not guilty is by reason of insanity;
1047310473 24 and
1047410474 25 (6) At a time and place designated by the court,
1047510475 26 submit to a psychological evaluation when the person has
1047610476
1047710477
1047810478
1047910479
1048010480
1048110481 HB2922 - 293 - LRB103 27829 RLC 54207 b
1048210482
1048310483
1048410484 HB2922- 294 -LRB103 27829 RLC 54207 b HB2922 - 294 - LRB103 27829 RLC 54207 b
1048510485 HB2922 - 294 - LRB103 27829 RLC 54207 b
1048610486 1 been charged with a violation of item (4) of subsection
1048710487 2 (a) of Section 24-1 of the Criminal Code of 1961 or the
1048810488 3 Criminal Code of 2012 and that violation occurred in a
1048910489 4 school or in any conveyance owned, leased, or contracted
1049010490 5 by a school to transport students to or from school or a
1049110491 6 school-related activity, or on any public way within 1,000
1049210492 7 feet of real property comprising any school.
1049310493 8 Psychological evaluations ordered pursuant to this Section
1049410494 9 shall be completed promptly and made available to the State,
1049510495 10 the defendant, and the court. As a further condition of
1049610496 11 pretrial release under these circumstances, the court shall
1049710497 12 order the defendant to refrain from entering upon the property
1049810498 13 of the school, including any conveyance owned, leased, or
1049910499 14 contracted by a school to transport students to or from school
1050010500 15 or a school-related activity, or on any public way within
1050110501 16 1,000 feet of real property comprising any school. Upon
1050210502 17 receipt of the psychological evaluation, either the State or
1050310503 18 the defendant may request a change in the conditions of
1050410504 19 pretrial release, pursuant to Section 110-6 of this Code. The
1050510505 20 court may change the conditions of pretrial release to include
1050610506 21 a requirement that the defendant follow the recommendations of
1050710507 22 the psychological evaluation, including undergoing psychiatric
1050810508 23 treatment. The conclusions of the psychological evaluation and
1050910509 24 any statements elicited from the defendant during its
1051010510 25 administration are not admissible as evidence of guilt during
1051110511 26 the course of any trial on the charged offense, unless the
1051210512
1051310513
1051410514
1051510515
1051610516
1051710517 HB2922 - 294 - LRB103 27829 RLC 54207 b
1051810518
1051910519
1052010520 HB2922- 295 -LRB103 27829 RLC 54207 b HB2922 - 295 - LRB103 27829 RLC 54207 b
1052110521 HB2922 - 295 - LRB103 27829 RLC 54207 b
1052210522 1 defendant places his or her mental competency in issue.
1052310523 2 (b) Additional conditions of release shall be set only
1052410524 3 when it is determined that they are necessary to ensure the
1052510525 4 defendant's appearance in court, ensure the defendant does not
1052610526 5 commit any criminal offense, ensure the defendant complies
1052710527 6 with all conditions of pretrial release, prevent the
1052810528 7 defendant's unlawful interference with the orderly
1052910529 8 administration of justice, or ensure compliance with the rules
1053010530 9 and procedures of problem solving courts. However, conditions
1053110531 10 shall include the least restrictive means and be
1053210532 11 individualized. Conditions shall not mandate rehabilitative
1053310533 12 services unless directly tied to the risk of pretrial
1053410534 13 misconduct. Conditions of supervision shall not include
1053510535 14 punitive measures such as community service work or
1053610536 15 restitution. Conditions may include the following:
1053710537 16 (0.05) Not depart this State without leave of the
1053810538 17 court;
1053910539 18 (1) Report to or appear in person before such person
1054010540 19 or agency as the court may direct;
1054110541 20 (2) Refrain from possessing a firearm or other
1054210542 21 dangerous weapon;
1054310543 22 (3) Refrain from approaching or communicating with
1054410544 23 particular persons or classes of persons;
1054510545 24 (4) Refrain from going to certain described geographic
1054610546 25 areas or premises;
1054710547 26 (5) Be placed under direct supervision of the Pretrial
1054810548
1054910549
1055010550
1055110551
1055210552
1055310553 HB2922 - 295 - LRB103 27829 RLC 54207 b
1055410554
1055510555
1055610556 HB2922- 296 -LRB103 27829 RLC 54207 b HB2922 - 296 - LRB103 27829 RLC 54207 b
1055710557 HB2922 - 296 - LRB103 27829 RLC 54207 b
1055810558 1 Services Agency, Probation Department or Court Services
1055910559 2 Department in a pretrial home supervision capacity with or
1056010560 3 without the use of an approved electronic monitoring
1056110561 4 device subject to Article 8A of Chapter V of the Unified
1056210562 5 Code of Corrections;
1056310563 6 (6) For persons charged with violating Section 11-501
1056410564 7 of the Illinois Vehicle Code, refrain from operating a
1056510565 8 motor vehicle not equipped with an ignition interlock
1056610566 9 device, as defined in Section 1-129.1 of the Illinois
1056710567 10 Vehicle Code, pursuant to the rules promulgated by the
1056810568 11 Secretary of State for the installation of ignition
1056910569 12 interlock devices. Under this condition the court may
1057010570 13 allow a defendant who is not self-employed to operate a
1057110571 14 vehicle owned by the defendant's employer that is not
1057210572 15 equipped with an ignition interlock device in the course
1057310573 16 and scope of the defendant's employment;
1057410574 17 (7) Comply with the terms and conditions of an order
1057510575 18 of protection issued by the court under the Illinois
1057610576 19 Domestic Violence Act of 1986 or an order of protection
1057710577 20 issued by the court of another state, tribe, or United
1057810578 21 States territory;
1057910579 22 (8) Sign a written admonishment requiring that he or
1058010580 23 she comply with the provisions of Section 110-12 regarding
1058110581 24 any change in his or her address. The defendant's address
1058210582 25 shall at all times remain a matter of record with the clerk
1058310583 26 of the court; and
1058410584
1058510585
1058610586
1058710587
1058810588
1058910589 HB2922 - 296 - LRB103 27829 RLC 54207 b
1059010590
1059110591
1059210592 HB2922- 297 -LRB103 27829 RLC 54207 b HB2922 - 297 - LRB103 27829 RLC 54207 b
1059310593 HB2922 - 297 - LRB103 27829 RLC 54207 b
1059410594 1 (9) Such other reasonable conditions as the court may
1059510595 2 impose, so long as these conditions are the least
1059610596 3 restrictive means to achieve the goals listed in
1059710597 4 subsection (b), are individualized, and are in accordance
1059810598 5 with national best practices as detailed in the Pretrial
1059910599 6 Supervision Standards of the Supreme Court.
1060010600 7 The defendant shall receive verbal and written
1060110601 8 notification of conditions of pretrial release and future
1060210602 9 court dates, including the date, time, and location of court.
1060310603 10 (c) When a person is charged with an offense under Section
1060410604 11 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
1060510605 12 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
1060610606 13 Criminal Code of 2012, involving a victim who is a minor under
1060710607 14 18 years of age living in the same household with the defendant
1060810608 15 at the time of the offense, in releasing the defendant, the
1060910609 16 judge shall impose conditions to restrict the defendant's
1061010610 17 access to the victim which may include, but are not limited to
1061110611 18 conditions that he will:
1061210612 19 1. Vacate the household.
1061310613 20 2. Make payment of temporary support to his
1061410614 21 dependents.
1061510615 22 3. Refrain from contact or communication with the
1061610616 23 child victim, except as ordered by the court.
1061710617 24 (d) When a person is charged with a criminal offense and
1061810618 25 the victim is a family or household member as defined in
1061910619 26 Article 112A, conditions shall be imposed at the time of the
1062010620
1062110621
1062210622
1062310623
1062410624
1062510625 HB2922 - 297 - LRB103 27829 RLC 54207 b
1062610626
1062710627
1062810628 HB2922- 298 -LRB103 27829 RLC 54207 b HB2922 - 298 - LRB103 27829 RLC 54207 b
1062910629 HB2922 - 298 - LRB103 27829 RLC 54207 b
1063010630 1 defendant's release that restrict the defendant's access to
1063110631 2 the victim. Unless provided otherwise by the court, the
1063210632 3 restrictions shall include requirements that the defendant do
1063310633 4 the following:
1063410634 5 (1) refrain from contact or communication with the
1063510635 6 victim for a minimum period of 72 hours following the
1063610636 7 defendant's release; and
1063710637 8 (2) refrain from entering or remaining at the victim's
1063810638 9 residence for a minimum period of 72 hours following the
1063910639 10 defendant's release.
1064010640 11 (e) Local law enforcement agencies shall develop
1064110641 12 standardized pretrial release forms for use in cases involving
1064210642 13 family or household members as defined in Article 112A,
1064310643 14 including specific conditions of pretrial release as provided
1064410644 15 in subsection (d). Failure of any law enforcement department
1064510645 16 to develop or use those forms shall in no way limit the
1064610646 17 applicability and enforcement of subsections (d) and (f).
1064710647 18 (f) If the defendant is released after conviction
1064810648 19 following appeal or other post-conviction proceeding, the
1064910649 20 conditions of the pretrial release shall be that he will, in
1065010650 21 addition to the conditions set forth in subsections (a) and
1065110651 22 (b) hereof:
1065210652 23 (1) Duly prosecute his appeal;
1065310653 24 (2) Appear at such time and place as the court may
1065410654 25 direct;
1065510655 26 (3) Not depart this State without leave of the court;
1065610656
1065710657
1065810658
1065910659
1066010660
1066110661 HB2922 - 298 - LRB103 27829 RLC 54207 b
1066210662
1066310663
1066410664 HB2922- 299 -LRB103 27829 RLC 54207 b HB2922 - 299 - LRB103 27829 RLC 54207 b
1066510665 HB2922 - 299 - LRB103 27829 RLC 54207 b
1066610666 1 (4) Comply with such other reasonable conditions as
1066710667 2 the court may impose; and
1066810668 3 (5) If the judgment is affirmed or the cause reversed
1066910669 4 and remanded for a new trial, forthwith surrender to the
1067010670 5 officer from whose custody he was released.
1067110671 6 (g) Upon a finding of guilty for any felony offense, the
1067210672 7 defendant shall physically surrender, at a time and place
1067310673 8 designated by the court, any and all firearms in his or her
1067410674 9 possession and his or her Firearm Owner's Identification Card
1067510675 10 as a condition of being released pending sentencing.
1067610676 11 (Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23;
1067710677 12 102-1104, eff. 1-1-23.)
1067810678 13 (725 ILCS 5/112A-11.1)
1067910679 14 Sec. 112A-11.1. Procedure for determining whether certain
1068010680 15 misdemeanor crimes are crimes of domestic violence for
1068110681 16 purposes of federal law.
1068210682 17 (a) When a defendant has been charged with a violation of
1068310683 18 Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
1068410684 19 Criminal Code of 1961 or the Criminal Code of 2012, the State
1068510685 20 may, at arraignment or no later than 45 days after
1068610686 21 arraignment, for the purpose of notification to the Illinois
1068710687 22 State Police Firearm Owner's Identification Card Office, serve
1068810688 23 on the defendant and file with the court a notice alleging that
1068910689 24 conviction of the offense would subject the defendant to the
1069010690 25 prohibitions of 18 U.S.C. 922(g)(9) because of the
1069110691
1069210692
1069310693
1069410694
1069510695
1069610696 HB2922 - 299 - LRB103 27829 RLC 54207 b
1069710697
1069810698
1069910699 HB2922- 300 -LRB103 27829 RLC 54207 b HB2922 - 300 - LRB103 27829 RLC 54207 b
1070010700 HB2922 - 300 - LRB103 27829 RLC 54207 b
1070110701 1 relationship between the defendant and the alleged victim and
1070210702 2 the nature of the alleged offense.
1070310703 3 (b) The notice shall include the name of the person
1070410704 4 alleged to be the victim of the crime and shall specify the
1070510705 5 nature of the alleged relationship as set forth in 18 U.S.C.
1070610706 6 921(a)(33)(A)(ii). It shall also specify the element of the
1070710707 7 charged offense which requires the use or attempted use of
1070810708 8 physical force, or the threatened use of a deadly weapon, as
1070910709 9 set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
1071010710 10 notice that the defendant is entitled to a hearing on the
1071110711 11 allegation contained in the notice and that if the allegation
1071210712 12 is sustained, that determination and conviction shall be
1071310713 13 reported to the Illinois State Police Firearm Owner's
1071410714 14 Identification Card Office.
1071510715 15 (c) After having been notified as provided in subsection
1071610716 16 (b) of this Section, the defendant may stipulate or admit,
1071710717 17 orally on the record or in writing, that conviction of the
1071810718 18 offense would subject the defendant to the prohibitions of 18
1071910719 19 U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
1072010720 20 922(g)(9) shall be deemed established for purposes of Section
1072110721 21 112A-11.2. If the defendant denies the applicability of 18
1072210722 22 U.S.C. 922(g)(9) as alleged in the notice served by the State,
1072310723 23 or stands mute with respect to that allegation, then the State
1072410724 24 shall bear the burden to prove beyond a reasonable doubt that
1072510725 25 the offense is one to which the prohibitions of 18 U.S.C.
1072610726 26 922(g)(9) apply. The court may consider reliable hearsay
1072710727
1072810728
1072910729
1073010730
1073110731
1073210732 HB2922 - 300 - LRB103 27829 RLC 54207 b
1073310733
1073410734
1073510735 HB2922- 301 -LRB103 27829 RLC 54207 b HB2922 - 301 - LRB103 27829 RLC 54207 b
1073610736 HB2922 - 301 - LRB103 27829 RLC 54207 b
1073710737 1 evidence submitted by either party provided that it is
1073810738 2 relevant to the determination of the allegation. Facts
1073910739 3 previously proven at trial or elicited at the time of entry of
1074010740 4 a plea of guilty shall be deemed established beyond a
1074110741 5 reasonable doubt and shall not be relitigated. At the
1074210742 6 conclusion of the hearing, or upon a stipulation or admission,
1074310743 7 as applicable, the court shall make a specific written
1074410744 8 determination with respect to the allegation.
1074510745 9 (Source: P.A. 102-538, eff. 8-20-21.)
1074610746 10 (725 ILCS 5/112A-11.2)
1074710747 11 Sec. 112A-11.2. Notification to the Illinois State Police
1074810748 12 Firearm Owner's Identification Card Office of determinations
1074910749 13 in certain misdemeanor cases. Upon judgment of conviction of a
1075010750 14 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
1075110751 15 12-3.5 of the Criminal Code of 1961 or the Criminal Code of
1075210752 16 2012 when the defendant has been determined, under Section
1075310753 17 112A-11.1, to be subject to the prohibitions of 18 U.S.C.
1075410754 18 922(g)(9), the circuit court clerk shall include notification
1075510755 19 and a copy of the written determination in a report of the
1075610756 20 conviction to the Illinois State Police Firearm Owner's
1075710757 21 Identification Card Office to enable the office to report that
1075810758 22 determination to the Federal Bureau of Investigation and
1075910759 23 assist the Bureau in identifying persons prohibited from
1076010760 24 purchasing and possessing a firearm pursuant to the provisions
1076110761 25 of 18 U.S.C. 922.
1076210762
1076310763
1076410764
1076510765
1076610766
1076710767 HB2922 - 301 - LRB103 27829 RLC 54207 b
1076810768
1076910769
1077010770 HB2922- 302 -LRB103 27829 RLC 54207 b HB2922 - 302 - LRB103 27829 RLC 54207 b
1077110771 HB2922 - 302 - LRB103 27829 RLC 54207 b
1077210772 1 (Source: P.A. 102-538, eff. 8-20-21.)
1077310773 2 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
1077410774 3 Sec. 112A-14. Domestic violence order of protection;
1077510775 4 remedies.
1077610776 5 (a) (Blank).
1077710777 6 (b) The court may order any of the remedies listed in this
1077810778 7 subsection (b). The remedies listed in this subsection (b)
1077910779 8 shall be in addition to other civil or criminal remedies
1078010780 9 available to petitioner.
1078110781 10 (1) Prohibition of abuse. Prohibit respondent's
1078210782 11 harassment, interference with personal liberty,
1078310783 12 intimidation of a dependent, physical abuse, or willful
1078410784 13 deprivation, as defined in this Article, if such abuse has
1078510785 14 occurred or otherwise appears likely to occur if not
1078610786 15 prohibited.
1078710787 16 (2) Grant of exclusive possession of residence.
1078810788 17 Prohibit respondent from entering or remaining in any
1078910789 18 residence, household, or premises of the petitioner,
1079010790 19 including one owned or leased by respondent, if petitioner
1079110791 20 has a right to occupancy thereof. The grant of exclusive
1079210792 21 possession of the residence, household, or premises shall
1079310793 22 not affect title to real property, nor shall the court be
1079410794 23 limited by the standard set forth in subsection (c-2) of
1079510795 24 Section 501 of the Illinois Marriage and Dissolution of
1079610796 25 Marriage Act.
1079710797
1079810798
1079910799
1080010800
1080110801
1080210802 HB2922 - 302 - LRB103 27829 RLC 54207 b
1080310803
1080410804
1080510805 HB2922- 303 -LRB103 27829 RLC 54207 b HB2922 - 303 - LRB103 27829 RLC 54207 b
1080610806 HB2922 - 303 - LRB103 27829 RLC 54207 b
1080710807 1 (A) Right to occupancy. A party has a right to
1080810808 2 occupancy of a residence or household if it is solely
1080910809 3 or jointly owned or leased by that party, that party's
1081010810 4 spouse, a person with a legal duty to support that
1081110811 5 party or a minor child in that party's care, or by any
1081210812 6 person or entity other than the opposing party that
1081310813 7 authorizes that party's occupancy (e.g., a domestic
1081410814 8 violence shelter). Standards set forth in subparagraph
1081510815 9 (B) shall not preclude equitable relief.
1081610816 10 (B) Presumption of hardships. If petitioner and
1081710817 11 respondent each has the right to occupancy of a
1081810818 12 residence or household, the court shall balance (i)
1081910819 13 the hardships to respondent and any minor child or
1082010820 14 dependent adult in respondent's care resulting from
1082110821 15 entry of this remedy with (ii) the hardships to
1082210822 16 petitioner and any minor child or dependent adult in
1082310823 17 petitioner's care resulting from continued exposure to
1082410824 18 the risk of abuse (should petitioner remain at the
1082510825 19 residence or household) or from loss of possession of
1082610826 20 the residence or household (should petitioner leave to
1082710827 21 avoid the risk of abuse). When determining the balance
1082810828 22 of hardships, the court shall also take into account
1082910829 23 the accessibility of the residence or household.
1083010830 24 Hardships need not be balanced if respondent does not
1083110831 25 have a right to occupancy.
1083210832 26 The balance of hardships is presumed to favor
1083310833
1083410834
1083510835
1083610836
1083710837
1083810838 HB2922 - 303 - LRB103 27829 RLC 54207 b
1083910839
1084010840
1084110841 HB2922- 304 -LRB103 27829 RLC 54207 b HB2922 - 304 - LRB103 27829 RLC 54207 b
1084210842 HB2922 - 304 - LRB103 27829 RLC 54207 b
1084310843 1 possession by petitioner unless the presumption is
1084410844 2 rebutted by a preponderance of the evidence, showing
1084510845 3 that the hardships to respondent substantially
1084610846 4 outweigh the hardships to petitioner and any minor
1084710847 5 child or dependent adult in petitioner's care. The
1084810848 6 court, on the request of petitioner or on its own
1084910849 7 motion, may order respondent to provide suitable,
1085010850 8 accessible, alternate housing for petitioner instead
1085110851 9 of excluding respondent from a mutual residence or
1085210852 10 household.
1085310853 11 (3) Stay away order and additional prohibitions. Order
1085410854 12 respondent to stay away from petitioner or any other
1085510855 13 person protected by the domestic violence order of
1085610856 14 protection, or prohibit respondent from entering or
1085710857 15 remaining present at petitioner's school, place of
1085810858 16 employment, or other specified places at times when
1085910859 17 petitioner is present, or both, if reasonable, given the
1086010860 18 balance of hardships. Hardships need not be balanced for
1086110861 19 the court to enter a stay away order or prohibit entry if
1086210862 20 respondent has no right to enter the premises.
1086310863 21 (A) If a domestic violence order of protection
1086410864 22 grants petitioner exclusive possession of the
1086510865 23 residence, prohibits respondent from entering the
1086610866 24 residence, or orders respondent to stay away from
1086710867 25 petitioner or other protected persons, then the court
1086810868 26 may allow respondent access to the residence to remove
1086910869
1087010870
1087110871
1087210872
1087310873
1087410874 HB2922 - 304 - LRB103 27829 RLC 54207 b
1087510875
1087610876
1087710877 HB2922- 305 -LRB103 27829 RLC 54207 b HB2922 - 305 - LRB103 27829 RLC 54207 b
1087810878 HB2922 - 305 - LRB103 27829 RLC 54207 b
1087910879 1 items of clothing and personal adornment used
1088010880 2 exclusively by respondent, medications, and other
1088110881 3 items as the court directs. The right to access shall
1088210882 4 be exercised on only one occasion as the court directs
1088310883 5 and in the presence of an agreed-upon adult third
1088410884 6 party or law enforcement officer.
1088510885 7 (B) When the petitioner and the respondent attend
1088610886 8 the same public, private, or non-public elementary,
1088710887 9 middle, or high school, the court when issuing a
1088810888 10 domestic violence order of protection and providing
1088910889 11 relief shall consider the severity of the act, any
1089010890 12 continuing physical danger or emotional distress to
1089110891 13 the petitioner, the educational rights guaranteed to
1089210892 14 the petitioner and respondent under federal and State
1089310893 15 law, the availability of a transfer of the respondent
1089410894 16 to another school, a change of placement or a change of
1089510895 17 program of the respondent, the expense, difficulty,
1089610896 18 and educational disruption that would be caused by a
1089710897 19 transfer of the respondent to another school, and any
1089810898 20 other relevant facts of the case. The court may order
1089910899 21 that the respondent not attend the public, private, or
1090010900 22 non-public elementary, middle, or high school attended
1090110901 23 by the petitioner, order that the respondent accept a
1090210902 24 change of placement or change of program, as
1090310903 25 determined by the school district or private or
1090410904 26 non-public school, or place restrictions on the
1090510905
1090610906
1090710907
1090810908
1090910909
1091010910 HB2922 - 305 - LRB103 27829 RLC 54207 b
1091110911
1091210912
1091310913 HB2922- 306 -LRB103 27829 RLC 54207 b HB2922 - 306 - LRB103 27829 RLC 54207 b
1091410914 HB2922 - 306 - LRB103 27829 RLC 54207 b
1091510915 1 respondent's movements within the school attended by
1091610916 2 the petitioner. The respondent bears the burden of
1091710917 3 proving by a preponderance of the evidence that a
1091810918 4 transfer, change of placement, or change of program of
1091910919 5 the respondent is not available. The respondent also
1092010920 6 bears the burden of production with respect to the
1092110921 7 expense, difficulty, and educational disruption that
1092210922 8 would be caused by a transfer of the respondent to
1092310923 9 another school. A transfer, change of placement, or
1092410924 10 change of program is not unavailable to the respondent
1092510925 11 solely on the ground that the respondent does not
1092610926 12 agree with the school district's or private or
1092710927 13 non-public school's transfer, change of placement, or
1092810928 14 change of program or solely on the ground that the
1092910929 15 respondent fails or refuses to consent or otherwise
1093010930 16 does not take an action required to effectuate a
1093110931 17 transfer, change of placement, or change of program.
1093210932 18 When a court orders a respondent to stay away from the
1093310933 19 public, private, or non-public school attended by the
1093410934 20 petitioner and the respondent requests a transfer to
1093510935 21 another attendance center within the respondent's
1093610936 22 school district or private or non-public school, the
1093710937 23 school district or private or non-public school shall
1093810938 24 have sole discretion to determine the attendance
1093910939 25 center to which the respondent is transferred. If the
1094010940 26 court order results in a transfer of the minor
1094110941
1094210942
1094310943
1094410944
1094510945
1094610946 HB2922 - 306 - LRB103 27829 RLC 54207 b
1094710947
1094810948
1094910949 HB2922- 307 -LRB103 27829 RLC 54207 b HB2922 - 307 - LRB103 27829 RLC 54207 b
1095010950 HB2922 - 307 - LRB103 27829 RLC 54207 b
1095110951 1 respondent to another attendance center, a change in
1095210952 2 the respondent's placement, or a change of the
1095310953 3 respondent's program, the parents, guardian, or legal
1095410954 4 custodian of the respondent is responsible for
1095510955 5 transportation and other costs associated with the
1095610956 6 transfer or change.
1095710957 7 (C) The court may order the parents, guardian, or
1095810958 8 legal custodian of a minor respondent to take certain
1095910959 9 actions or to refrain from taking certain actions to
1096010960 10 ensure that the respondent complies with the order. If
1096110961 11 the court orders a transfer of the respondent to
1096210962 12 another school, the parents, guardian, or legal
1096310963 13 custodian of the respondent is responsible for
1096410964 14 transportation and other costs associated with the
1096510965 15 change of school by the respondent.
1096610966 16 (4) Counseling. Require or recommend the respondent to
1096710967 17 undergo counseling for a specified duration with a social
1096810968 18 worker, psychologist, clinical psychologist,
1096910969 19 psychiatrist, family service agency, alcohol or substance
1097010970 20 abuse program, mental health center guidance counselor,
1097110971 21 agency providing services to elders, program designed for
1097210972 22 domestic violence abusers, or any other guidance service
1097310973 23 the court deems appropriate. The court may order the
1097410974 24 respondent in any intimate partner relationship to report
1097510975 25 to an Illinois Department of Human Services protocol
1097610976 26 approved partner abuse intervention program for an
1097710977
1097810978
1097910979
1098010980
1098110981
1098210982 HB2922 - 307 - LRB103 27829 RLC 54207 b
1098310983
1098410984
1098510985 HB2922- 308 -LRB103 27829 RLC 54207 b HB2922 - 308 - LRB103 27829 RLC 54207 b
1098610986 HB2922 - 308 - LRB103 27829 RLC 54207 b
1098710987 1 assessment and to follow all recommended treatment.
1098810988 2 (5) Physical care and possession of the minor child.
1098910989 3 In order to protect the minor child from abuse, neglect,
1099010990 4 or unwarranted separation from the person who has been the
1099110991 5 minor child's primary caretaker, or to otherwise protect
1099210992 6 the well-being of the minor child, the court may do either
1099310993 7 or both of the following: (i) grant petitioner physical
1099410994 8 care or possession of the minor child, or both, or (ii)
1099510995 9 order respondent to return a minor child to, or not remove
1099610996 10 a minor child from, the physical care of a parent or person
1099710997 11 in loco parentis.
1099810998 12 If the respondent is charged with abuse (as defined in
1099910999 13 Section 112A-3 of this Code) of a minor child, there shall
1100011000 14 be a rebuttable presumption that awarding physical care to
1100111001 15 respondent would not be in the minor child's best
1100211002 16 interest.
1100311003 17 (6) Temporary allocation of parental responsibilities
1100411004 18 and significant decision-making responsibilities. Award
1100511005 19 temporary significant decision-making responsibility to
1100611006 20 petitioner in accordance with this Section, the Illinois
1100711007 21 Marriage and Dissolution of Marriage Act, the Illinois
1100811008 22 Parentage Act of 2015, and this State's Uniform
1100911009 23 Child-Custody Jurisdiction and Enforcement Act.
1101011010 24 If the respondent is charged with abuse (as defined in
1101111011 25 Section 112A-3 of this Code) of a minor child, there shall
1101211012 26 be a rebuttable presumption that awarding temporary
1101311013
1101411014
1101511015
1101611016
1101711017
1101811018 HB2922 - 308 - LRB103 27829 RLC 54207 b
1101911019
1102011020
1102111021 HB2922- 309 -LRB103 27829 RLC 54207 b HB2922 - 309 - LRB103 27829 RLC 54207 b
1102211022 HB2922 - 309 - LRB103 27829 RLC 54207 b
1102311023 1 significant decision-making responsibility to respondent
1102411024 2 would not be in the child's best interest.
1102511025 3 (7) Parenting time. Determine the parenting time, if
1102611026 4 any, of respondent in any case in which the court awards
1102711027 5 physical care or temporary significant decision-making
1102811028 6 responsibility of a minor child to petitioner. The court
1102911029 7 shall restrict or deny respondent's parenting time with a
1103011030 8 minor child if the court finds that respondent has done or
1103111031 9 is likely to do any of the following:
1103211032 10 (i) abuse or endanger the minor child during
1103311033 11 parenting time;
1103411034 12 (ii) use the parenting time as an opportunity to
1103511035 13 abuse or harass petitioner or petitioner's family or
1103611036 14 household members;
1103711037 15 (iii) improperly conceal or detain the minor
1103811038 16 child; or
1103911039 17 (iv) otherwise act in a manner that is not in the
1104011040 18 best interests of the minor child.
1104111041 19 The court shall not be limited by the standards set
1104211042 20 forth in Section 603.10 of the Illinois Marriage and
1104311043 21 Dissolution of Marriage Act. If the court grants parenting
1104411044 22 time, the order shall specify dates and times for the
1104511045 23 parenting time to take place or other specific parameters
1104611046 24 or conditions that are appropriate. No order for parenting
1104711047 25 time shall refer merely to the term "reasonable parenting
1104811048 26 time". Petitioner may deny respondent access to the minor
1104911049
1105011050
1105111051
1105211052
1105311053
1105411054 HB2922 - 309 - LRB103 27829 RLC 54207 b
1105511055
1105611056
1105711057 HB2922- 310 -LRB103 27829 RLC 54207 b HB2922 - 310 - LRB103 27829 RLC 54207 b
1105811058 HB2922 - 310 - LRB103 27829 RLC 54207 b
1105911059 1 child if, when respondent arrives for parenting time,
1106011060 2 respondent is under the influence of drugs or alcohol and
1106111061 3 constitutes a threat to the safety and well-being of
1106211062 4 petitioner or petitioner's minor children or is behaving
1106311063 5 in a violent or abusive manner. If necessary to protect
1106411064 6 any member of petitioner's family or household from future
1106511065 7 abuse, respondent shall be prohibited from coming to
1106611066 8 petitioner's residence to meet the minor child for
1106711067 9 parenting time, and the petitioner and respondent shall
1106811068 10 submit to the court their recommendations for reasonable
1106911069 11 alternative arrangements for parenting time. A person may
1107011070 12 be approved to supervise parenting time only after filing
1107111071 13 an affidavit accepting that responsibility and
1107211072 14 acknowledging accountability to the court.
1107311073 15 (8) Removal or concealment of minor child. Prohibit
1107411074 16 respondent from removing a minor child from the State or
1107511075 17 concealing the child within the State.
1107611076 18 (9) Order to appear. Order the respondent to appear in
1107711077 19 court, alone or with a minor child, to prevent abuse,
1107811078 20 neglect, removal or concealment of the child, to return
1107911079 21 the child to the custody or care of the petitioner, or to
1108011080 22 permit any court-ordered interview or examination of the
1108111081 23 child or the respondent.
1108211082 24 (10) Possession of personal property. Grant petitioner
1108311083 25 exclusive possession of personal property and, if
1108411084 26 respondent has possession or control, direct respondent to
1108511085
1108611086
1108711087
1108811088
1108911089
1109011090 HB2922 - 310 - LRB103 27829 RLC 54207 b
1109111091
1109211092
1109311093 HB2922- 311 -LRB103 27829 RLC 54207 b HB2922 - 311 - LRB103 27829 RLC 54207 b
1109411094 HB2922 - 311 - LRB103 27829 RLC 54207 b
1109511095 1 promptly make it available to petitioner, if:
1109611096 2 (i) petitioner, but not respondent, owns the
1109711097 3 property; or
1109811098 4 (ii) the petitioner and respondent own the
1109911099 5 property jointly; sharing it would risk abuse of
1110011100 6 petitioner by respondent or is impracticable; and the
1110111101 7 balance of hardships favors temporary possession by
1110211102 8 petitioner.
1110311103 9 If petitioner's sole claim to ownership of the
1110411104 10 property is that it is marital property, the court may
1110511105 11 award petitioner temporary possession thereof under the
1110611106 12 standards of subparagraph (ii) of this paragraph only if a
1110711107 13 proper proceeding has been filed under the Illinois
1110811108 14 Marriage and Dissolution of Marriage Act, as now or
1110911109 15 hereafter amended.
1111011110 16 No order under this provision shall affect title to
1111111111 17 property.
1111211112 18 (11) Protection of property. Forbid the respondent
1111311113 19 from taking, transferring, encumbering, concealing,
1111411114 20 damaging, or otherwise disposing of any real or personal
1111511115 21 property, except as explicitly authorized by the court,
1111611116 22 if:
1111711117 23 (i) petitioner, but not respondent, owns the
1111811118 24 property; or
1111911119 25 (ii) the petitioner and respondent own the
1112011120 26 property jointly, and the balance of hardships favors
1112111121
1112211122
1112311123
1112411124
1112511125
1112611126 HB2922 - 311 - LRB103 27829 RLC 54207 b
1112711127
1112811128
1112911129 HB2922- 312 -LRB103 27829 RLC 54207 b HB2922 - 312 - LRB103 27829 RLC 54207 b
1113011130 HB2922 - 312 - LRB103 27829 RLC 54207 b
1113111131 1 granting this remedy.
1113211132 2 If petitioner's sole claim to ownership of the
1113311133 3 property is that it is marital property, the court may
1113411134 4 grant petitioner relief under subparagraph (ii) of this
1113511135 5 paragraph only if a proper proceeding has been filed under
1113611136 6 the Illinois Marriage and Dissolution of Marriage Act, as
1113711137 7 now or hereafter amended.
1113811138 8 The court may further prohibit respondent from
1113911139 9 improperly using the financial or other resources of an
1114011140 10 aged member of the family or household for the profit or
1114111141 11 advantage of respondent or of any other person.
1114211142 12 (11.5) Protection of animals. Grant the petitioner the
1114311143 13 exclusive care, custody, or control of any animal owned,
1114411144 14 possessed, leased, kept, or held by either the petitioner
1114511145 15 or the respondent or a minor child residing in the
1114611146 16 residence or household of either the petitioner or the
1114711147 17 respondent and order the respondent to stay away from the
1114811148 18 animal and forbid the respondent from taking,
1114911149 19 transferring, encumbering, concealing, harming, or
1115011150 20 otherwise disposing of the animal.
1115111151 21 (12) Order for payment of support. Order respondent to
1115211152 22 pay temporary support for the petitioner or any child in
1115311153 23 the petitioner's care or over whom the petitioner has been
1115411154 24 allocated parental responsibility, when the respondent has
1115511155 25 a legal obligation to support that person, in accordance
1115611156 26 with the Illinois Marriage and Dissolution of Marriage
1115711157
1115811158
1115911159
1116011160
1116111161
1116211162 HB2922 - 312 - LRB103 27829 RLC 54207 b
1116311163
1116411164
1116511165 HB2922- 313 -LRB103 27829 RLC 54207 b HB2922 - 313 - LRB103 27829 RLC 54207 b
1116611166 HB2922 - 313 - LRB103 27829 RLC 54207 b
1116711167 1 Act, which shall govern, among other matters, the amount
1116811168 2 of support, payment through the clerk and withholding of
1116911169 3 income to secure payment. An order for child support may
1117011170 4 be granted to a petitioner with lawful physical care of a
1117111171 5 child, or an order or agreement for physical care of a
1117211172 6 child, prior to entry of an order allocating significant
1117311173 7 decision-making responsibility. Such a support order shall
1117411174 8 expire upon entry of a valid order allocating parental
1117511175 9 responsibility differently and vacating petitioner's
1117611176 10 significant decision-making responsibility unless
1117711177 11 otherwise provided in the order.
1117811178 12 (13) Order for payment of losses. Order respondent to
1117911179 13 pay petitioner for losses suffered as a direct result of
1118011180 14 the abuse. Such losses shall include, but not be limited
1118111181 15 to, medical expenses, lost earnings or other support,
1118211182 16 repair or replacement of property damaged or taken,
1118311183 17 reasonable attorney's fees, court costs, and moving or
1118411184 18 other travel expenses, including additional reasonable
1118511185 19 expenses for temporary shelter and restaurant meals.
1118611186 20 (i) Losses affecting family needs. If a party is
1118711187 21 entitled to seek maintenance, child support, or
1118811188 22 property distribution from the other party under the
1118911189 23 Illinois Marriage and Dissolution of Marriage Act, as
1119011190 24 now or hereafter amended, the court may order
1119111191 25 respondent to reimburse petitioner's actual losses, to
1119211192 26 the extent that such reimbursement would be
1119311193
1119411194
1119511195
1119611196
1119711197
1119811198 HB2922 - 313 - LRB103 27829 RLC 54207 b
1119911199
1120011200
1120111201 HB2922- 314 -LRB103 27829 RLC 54207 b HB2922 - 314 - LRB103 27829 RLC 54207 b
1120211202 HB2922 - 314 - LRB103 27829 RLC 54207 b
1120311203 1 "appropriate temporary relief", as authorized by
1120411204 2 subsection (a)(3) of Section 501 of that Act.
1120511205 3 (ii) Recovery of expenses. In the case of an
1120611206 4 improper concealment or removal of a minor child, the
1120711207 5 court may order respondent to pay the reasonable
1120811208 6 expenses incurred or to be incurred in the search for
1120911209 7 and recovery of the minor child, including, but not
1121011210 8 limited to, legal fees, court costs, private
1121111211 9 investigator fees, and travel costs.
1121211212 10 (14) Prohibition of entry. Prohibit the respondent
1121311213 11 from entering or remaining in the residence or household
1121411214 12 while the respondent is under the influence of alcohol or
1121511215 13 drugs and constitutes a threat to the safety and
1121611216 14 well-being of the petitioner or the petitioner's children.
1121711217 15 (14.5) Prohibition of firearm possession.
1121811218 16 (A) A person who is subject to an existing
1121911219 17 domestic violence order of protection issued under
1122011220 18 this Code may not lawfully possess firearms, stun
1122111221 19 guns, or tasers weapons or a Firearm Owner's
1122211222 20 Identification Card under Section 8.2 of the Firearm
1122311223 21 Owners Identification Card Act.
1122411224 22 (B) Any firearms in the possession of the
1122511225 23 respondent, except as provided in subparagraph (C) of
1122611226 24 this paragraph (14.5), shall be ordered by the court
1122711227 25 to be turned over to a person who is not prohibited
1122811228 26 under State or federal law from possessing firearms
1122911229
1123011230
1123111231
1123211232
1123311233
1123411234 HB2922 - 314 - LRB103 27829 RLC 54207 b
1123511235
1123611236
1123711237 HB2922- 315 -LRB103 27829 RLC 54207 b HB2922 - 315 - LRB103 27829 RLC 54207 b
1123811238 HB2922 - 315 - LRB103 27829 RLC 54207 b
1123911239 1 with a valid Firearm Owner's Identification Card for
1124011240 2 safekeeping. The court shall issue an order that the
1124111241 3 respondent comply with Section 9.5 of the Firearm
1124211242 4 Owners Identification Card Act.
1124311243 5 (C) If the respondent is a peace officer as
1124411244 6 defined in Section 2-13 of the Criminal Code of 2012,
1124511245 7 the court shall order that any firearms used by the
1124611246 8 respondent in the performance of his or her duties as a
1124711247 9 peace officer be surrendered to the chief law
1124811248 10 enforcement executive of the agency in which the
1124911249 11 respondent is employed, who shall retain the firearms
1125011250 12 for safekeeping for the duration of the domestic
1125111251 13 violence order of protection.
1125211252 14 (D) Upon expiration of the period of safekeeping,
1125311253 15 if the firearms or Firearm Owner's Identification Card
1125411254 16 cannot be returned to respondent because respondent
1125511255 17 cannot be located, fails to respond to requests to
1125611256 18 retrieve the firearms, or is not lawfully eligible to
1125711257 19 possess a firearm, upon petition from the local law
1125811258 20 enforcement agency, the court may order the local law
1125911259 21 enforcement agency to destroy the firearms, use the
1126011260 22 firearms for training purposes, or for any other
1126111261 23 application as deemed appropriate by the local law
1126211262 24 enforcement agency; or that the firearms be turned
1126311263 25 over to a third party who is lawfully eligible to
1126411264 26 possess firearms, and who does not reside with
1126511265
1126611266
1126711267
1126811268
1126911269
1127011270 HB2922 - 315 - LRB103 27829 RLC 54207 b
1127111271
1127211272
1127311273 HB2922- 316 -LRB103 27829 RLC 54207 b HB2922 - 316 - LRB103 27829 RLC 54207 b
1127411274 HB2922 - 316 - LRB103 27829 RLC 54207 b
1127511275 1 respondent.
1127611276 2 (15) Prohibition of access to records. If a domestic
1127711277 3 violence order of protection prohibits respondent from
1127811278 4 having contact with the minor child, or if petitioner's
1127911279 5 address is omitted under subsection (b) of Section 112A-5
1128011280 6 of this Code, or if necessary to prevent abuse or wrongful
1128111281 7 removal or concealment of a minor child, the order shall
1128211282 8 deny respondent access to, and prohibit respondent from
1128311283 9 inspecting, obtaining, or attempting to inspect or obtain,
1128411284 10 school or any other records of the minor child who is in
1128511285 11 the care of petitioner.
1128611286 12 (16) Order for payment of shelter services. Order
1128711287 13 respondent to reimburse a shelter providing temporary
1128811288 14 housing and counseling services to the petitioner for the
1128911289 15 cost of the services, as certified by the shelter and
1129011290 16 deemed reasonable by the court.
1129111291 17 (17) Order for injunctive relief. Enter injunctive
1129211292 18 relief necessary or appropriate to prevent further abuse
1129311293 19 of a family or household member or to effectuate one of the
1129411294 20 granted remedies, if supported by the balance of
1129511295 21 hardships. If the harm to be prevented by the injunction
1129611296 22 is abuse or any other harm that one of the remedies listed
1129711297 23 in paragraphs (1) through (16) of this subsection is
1129811298 24 designed to prevent, no further evidence is necessary to
1129911299 25 establish that the harm is an irreparable injury.
1130011300 26 (18) Telephone services.
1130111301
1130211302
1130311303
1130411304
1130511305
1130611306 HB2922 - 316 - LRB103 27829 RLC 54207 b
1130711307
1130811308
1130911309 HB2922- 317 -LRB103 27829 RLC 54207 b HB2922 - 317 - LRB103 27829 RLC 54207 b
1131011310 HB2922 - 317 - LRB103 27829 RLC 54207 b
1131111311 1 (A) Unless a condition described in subparagraph
1131211312 2 (B) of this paragraph exists, the court may, upon
1131311313 3 request by the petitioner, order a wireless telephone
1131411314 4 service provider to transfer to the petitioner the
1131511315 5 right to continue to use a telephone number or numbers
1131611316 6 indicated by the petitioner and the financial
1131711317 7 responsibility associated with the number or numbers,
1131811318 8 as set forth in subparagraph (C) of this paragraph. In
1131911319 9 this paragraph (18), the term "wireless telephone
1132011320 10 service provider" means a provider of commercial
1132111321 11 mobile service as defined in 47 U.S.C. 332. The
1132211322 12 petitioner may request the transfer of each telephone
1132311323 13 number that the petitioner, or a minor child in his or
1132411324 14 her custody, uses. The clerk of the court shall serve
1132511325 15 the order on the wireless telephone service provider's
1132611326 16 agent for service of process provided to the Illinois
1132711327 17 Commerce Commission. The order shall contain all of
1132811328 18 the following:
1132911329 19 (i) The name and billing telephone number of
1133011330 20 the account holder including the name of the
1133111331 21 wireless telephone service provider that serves
1133211332 22 the account.
1133311333 23 (ii) Each telephone number that will be
1133411334 24 transferred.
1133511335 25 (iii) A statement that the provider transfers
1133611336 26 to the petitioner all financial responsibility for
1133711337
1133811338
1133911339
1134011340
1134111341
1134211342 HB2922 - 317 - LRB103 27829 RLC 54207 b
1134311343
1134411344
1134511345 HB2922- 318 -LRB103 27829 RLC 54207 b HB2922 - 318 - LRB103 27829 RLC 54207 b
1134611346 HB2922 - 318 - LRB103 27829 RLC 54207 b
1134711347 1 and right to the use of any telephone number
1134811348 2 transferred under this paragraph.
1134911349 3 (B) A wireless telephone service provider shall
1135011350 4 terminate the respondent's use of, and shall transfer
1135111351 5 to the petitioner use of, the telephone number or
1135211352 6 numbers indicated in subparagraph (A) of this
1135311353 7 paragraph unless it notifies the petitioner, within 72
1135411354 8 hours after it receives the order, that one of the
1135511355 9 following applies:
1135611356 10 (i) The account holder named in the order has
1135711357 11 terminated the account.
1135811358 12 (ii) A difference in network technology would
1135911359 13 prevent or impair the functionality of a device on
1136011360 14 a network if the transfer occurs.
1136111361 15 (iii) The transfer would cause a geographic or
1136211362 16 other limitation on network or service provision
1136311363 17 to the petitioner.
1136411364 18 (iv) Another technological or operational
1136511365 19 issue would prevent or impair the use of the
1136611366 20 telephone number if the transfer occurs.
1136711367 21 (C) The petitioner assumes all financial
1136811368 22 responsibility for and right to the use of any
1136911369 23 telephone number transferred under this paragraph. In
1137011370 24 this paragraph, "financial responsibility" includes
1137111371 25 monthly service costs and costs associated with any
1137211372 26 mobile device associated with the number.
1137311373
1137411374
1137511375
1137611376
1137711377
1137811378 HB2922 - 318 - LRB103 27829 RLC 54207 b
1137911379
1138011380
1138111381 HB2922- 319 -LRB103 27829 RLC 54207 b HB2922 - 319 - LRB103 27829 RLC 54207 b
1138211382 HB2922 - 319 - LRB103 27829 RLC 54207 b
1138311383 1 (D) A wireless telephone service provider may
1138411384 2 apply to the petitioner its routine and customary
1138511385 3 requirements for establishing an account or
1138611386 4 transferring a number, including requiring the
1138711387 5 petitioner to provide proof of identification,
1138811388 6 financial information, and customer preferences.
1138911389 7 (E) Except for willful or wanton misconduct, a
1139011390 8 wireless telephone service provider is immune from
1139111391 9 civil liability for its actions taken in compliance
1139211392 10 with a court order issued under this paragraph.
1139311393 11 (F) All wireless service providers that provide
1139411394 12 services to residential customers shall provide to the
1139511395 13 Illinois Commerce Commission the name and address of
1139611396 14 an agent for service of orders entered under this
1139711397 15 paragraph (18). Any change in status of the registered
1139811398 16 agent must be reported to the Illinois Commerce
1139911399 17 Commission within 30 days of such change.
1140011400 18 (G) The Illinois Commerce Commission shall
1140111401 19 maintain the list of registered agents for service for
1140211402 20 each wireless telephone service provider on the
1140311403 21 Commission's website. The Commission may consult with
1140411404 22 wireless telephone service providers and the Circuit
1140511405 23 Court Clerks on the manner in which this information
1140611406 24 is provided and displayed.
1140711407 25 (c) Relevant factors; findings.
1140811408 26 (1) In determining whether to grant a specific remedy,
1140911409
1141011410
1141111411
1141211412
1141311413
1141411414 HB2922 - 319 - LRB103 27829 RLC 54207 b
1141511415
1141611416
1141711417 HB2922- 320 -LRB103 27829 RLC 54207 b HB2922 - 320 - LRB103 27829 RLC 54207 b
1141811418 HB2922 - 320 - LRB103 27829 RLC 54207 b
1141911419 1 other than payment of support, the court shall consider
1142011420 2 relevant factors, including, but not limited to, the
1142111421 3 following:
1142211422 4 (i) the nature, frequency, severity, pattern, and
1142311423 5 consequences of the respondent's past abuse of the
1142411424 6 petitioner or any family or household member,
1142511425 7 including the concealment of his or her location in
1142611426 8 order to evade service of process or notice, and the
1142711427 9 likelihood of danger of future abuse to petitioner or
1142811428 10 any member of petitioner's or respondent's family or
1142911429 11 household; and
1143011430 12 (ii) the danger that any minor child will be
1143111431 13 abused or neglected or improperly relocated from the
1143211432 14 jurisdiction, improperly concealed within the State,
1143311433 15 or improperly separated from the child's primary
1143411434 16 caretaker.
1143511435 17 (2) In comparing relative hardships resulting to the
1143611436 18 parties from loss of possession of the family home, the
1143711437 19 court shall consider relevant factors, including, but not
1143811438 20 limited to, the following:
1143911439 21 (i) availability, accessibility, cost, safety,
1144011440 22 adequacy, location, and other characteristics of
1144111441 23 alternate housing for each party and any minor child
1144211442 24 or dependent adult in the party's care;
1144311443 25 (ii) the effect on the party's employment; and
1144411444 26 (iii) the effect on the relationship of the party,
1144511445
1144611446
1144711447
1144811448
1144911449
1145011450 HB2922 - 320 - LRB103 27829 RLC 54207 b
1145111451
1145211452
1145311453 HB2922- 321 -LRB103 27829 RLC 54207 b HB2922 - 321 - LRB103 27829 RLC 54207 b
1145411454 HB2922 - 321 - LRB103 27829 RLC 54207 b
1145511455 1 and any minor child or dependent adult in the party's
1145611456 2 care, to family, school, church, and community.
1145711457 3 (3) Subject to the exceptions set forth in paragraph
1145811458 4 (4) of this subsection (c), the court shall make its
1145911459 5 findings in an official record or in writing, and shall at
1146011460 6 a minimum set forth the following:
1146111461 7 (i) That the court has considered the applicable
1146211462 8 relevant factors described in paragraphs (1) and (2)
1146311463 9 of this subsection (c).
1146411464 10 (ii) Whether the conduct or actions of respondent,
1146511465 11 unless prohibited, will likely cause irreparable harm
1146611466 12 or continued abuse.
1146711467 13 (iii) Whether it is necessary to grant the
1146811468 14 requested relief in order to protect petitioner or
1146911469 15 other alleged abused persons.
1147011470 16 (4) (Blank).
1147111471 17 (5) Never married parties. No rights or
1147211472 18 responsibilities for a minor child born outside of
1147311473 19 marriage attach to a putative father until a father and
1147411474 20 child relationship has been established under the Illinois
1147511475 21 Parentage Act of 1984, the Illinois Parentage Act of 2015,
1147611476 22 the Illinois Public Aid Code, Section 12 of the Vital
1147711477 23 Records Act, the Juvenile Court Act of 1987, the Probate
1147811478 24 Act of 1975, the Uniform Interstate Family Support Act,
1147911479 25 the Expedited Child Support Act of 1990, any judicial,
1148011480 26 administrative, or other act of another state or
1148111481
1148211482
1148311483
1148411484
1148511485
1148611486 HB2922 - 321 - LRB103 27829 RLC 54207 b
1148711487
1148811488
1148911489 HB2922- 322 -LRB103 27829 RLC 54207 b HB2922 - 322 - LRB103 27829 RLC 54207 b
1149011490 HB2922 - 322 - LRB103 27829 RLC 54207 b
1149111491 1 territory, any other statute of this State, or by any
1149211492 2 foreign nation establishing the father and child
1149311493 3 relationship, any other proceeding substantially in
1149411494 4 conformity with the federal Personal Responsibility and
1149511495 5 Work Opportunity Reconciliation Act of 1996, or when both
1149611496 6 parties appeared in open court or at an administrative
1149711497 7 hearing acknowledging under oath or admitting by
1149811498 8 affirmation the existence of a father and child
1149911499 9 relationship. Absent such an adjudication, no putative
1150011500 10 father shall be granted temporary allocation of parental
1150111501 11 responsibilities, including parenting time with the minor
1150211502 12 child, or physical care and possession of the minor child,
1150311503 13 nor shall an order of payment for support of the minor
1150411504 14 child be entered.
1150511505 15 (d) Balance of hardships; findings. If the court finds
1150611506 16 that the balance of hardships does not support the granting of
1150711507 17 a remedy governed by paragraph (2), (3), (10), (11), or (16) of
1150811508 18 subsection (b) of this Section, which may require such
1150911509 19 balancing, the court's findings shall so indicate and shall
1151011510 20 include a finding as to whether granting the remedy will
1151111511 21 result in hardship to respondent that would substantially
1151211512 22 outweigh the hardship to petitioner from denial of the remedy.
1151311513 23 The findings shall be an official record or in writing.
1151411514 24 (e) Denial of remedies. Denial of any remedy shall not be
1151511515 25 based, in whole or in part, on evidence that:
1151611516 26 (1) respondent has cause for any use of force, unless
1151711517
1151811518
1151911519
1152011520
1152111521
1152211522 HB2922 - 322 - LRB103 27829 RLC 54207 b
1152311523
1152411524
1152511525 HB2922- 323 -LRB103 27829 RLC 54207 b HB2922 - 323 - LRB103 27829 RLC 54207 b
1152611526 HB2922 - 323 - LRB103 27829 RLC 54207 b
1152711527 1 that cause satisfies the standards for justifiable use of
1152811528 2 force provided by Article 7 of the Criminal Code of 2012;
1152911529 3 (2) respondent was voluntarily intoxicated;
1153011530 4 (3) petitioner acted in self-defense or defense of
1153111531 5 another, provided that, if petitioner utilized force, such
1153211532 6 force was justifiable under Article 7 of the Criminal Code
1153311533 7 of 2012;
1153411534 8 (4) petitioner did not act in self-defense or defense
1153511535 9 of another;
1153611536 10 (5) petitioner left the residence or household to
1153711537 11 avoid further abuse by respondent;
1153811538 12 (6) petitioner did not leave the residence or
1153911539 13 household to avoid further abuse by respondent; or
1154011540 14 (7) conduct by any family or household member excused
1154111541 15 the abuse by respondent, unless that same conduct would
1154211542 16 have excused such abuse if the parties had not been family
1154311543 17 or household members.
1154411544 18 (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
1154511545 19 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
1154611546 20 (725 ILCS 5/112A-14.7)
1154711547 21 Sec. 112A-14.7. Stalking no contact order; remedies.
1154811548 22 (a) The court may order any of the remedies listed in this
1154911549 23 Section. The remedies listed in this Section shall be in
1155011550 24 addition to other civil or criminal remedies available to
1155111551 25 petitioner. A stalking no contact order shall order one or
1155211552
1155311553
1155411554
1155511555
1155611556
1155711557 HB2922 - 323 - LRB103 27829 RLC 54207 b
1155811558
1155911559
1156011560 HB2922- 324 -LRB103 27829 RLC 54207 b HB2922 - 324 - LRB103 27829 RLC 54207 b
1156111561 HB2922 - 324 - LRB103 27829 RLC 54207 b
1156211562 1 more of the following:
1156311563 2 (1) prohibit the respondent from threatening to commit
1156411564 3 or committing stalking;
1156511565 4 (2) order the respondent not to have any contact with
1156611566 5 the petitioner or a third person specifically named by the
1156711567 6 court;
1156811568 7 (3) prohibit the respondent from knowingly coming
1156911569 8 within, or knowingly remaining within a specified distance
1157011570 9 of the petitioner or the petitioner's residence, school,
1157111571 10 daycare, or place of employment, or any specified place
1157211572 11 frequented by the petitioner; however, the court may order
1157311573 12 the respondent to stay away from the respondent's own
1157411574 13 residence, school, or place of employment only if the
1157511575 14 respondent has been provided actual notice of the
1157611576 15 opportunity to appear and be heard on the petition;
1157711577 16 (4) prohibit the respondent from possessing a Firearm
1157811578 17 Owners Identification Card, or possessing or buying
1157911579 18 firearms; and
1158011580 19 (5) order other injunctive relief the court determines
1158111581 20 to be necessary to protect the petitioner or third party
1158211582 21 specifically named by the court.
1158311583 22 (b) When the petitioner and the respondent attend the same
1158411584 23 public, private, or non-public elementary, middle, or high
1158511585 24 school, the court when issuing a stalking no contact order and
1158611586 25 providing relief shall consider the severity of the act, any
1158711587 26 continuing physical danger or emotional distress to the
1158811588
1158911589
1159011590
1159111591
1159211592
1159311593 HB2922 - 324 - LRB103 27829 RLC 54207 b
1159411594
1159511595
1159611596 HB2922- 325 -LRB103 27829 RLC 54207 b HB2922 - 325 - LRB103 27829 RLC 54207 b
1159711597 HB2922 - 325 - LRB103 27829 RLC 54207 b
1159811598 1 petitioner, the educational rights guaranteed to the
1159911599 2 petitioner and respondent under federal and State law, the
1160011600 3 availability of a transfer of the respondent to another
1160111601 4 school, a change of placement or a change of program of the
1160211602 5 respondent, the expense, difficulty, and educational
1160311603 6 disruption that would be caused by a transfer of the
1160411604 7 respondent to another school, and any other relevant facts of
1160511605 8 the case. The court may order that the respondent not attend
1160611606 9 the public, private, or non-public elementary, middle, or high
1160711607 10 school attended by the petitioner, order that the respondent
1160811608 11 accept a change of placement or program, as determined by the
1160911609 12 school district or private or non-public school, or place
1161011610 13 restrictions on the respondent's movements within the school
1161111611 14 attended by the petitioner. The respondent bears the burden of
1161211612 15 proving by a preponderance of the evidence that a transfer,
1161311613 16 change of placement, or change of program of the respondent is
1161411614 17 not available. The respondent also bears the burden of
1161511615 18 production with respect to the expense, difficulty, and
1161611616 19 educational disruption that would be caused by a transfer of
1161711617 20 the respondent to another school. A transfer, change of
1161811618 21 placement, or change of program is not unavailable to the
1161911619 22 respondent solely on the ground that the respondent does not
1162011620 23 agree with the school district's or private or non-public
1162111621 24 school's transfer, change of placement, or change of program
1162211622 25 or solely on the ground that the respondent fails or refuses to
1162311623 26 consent to or otherwise does not take an action required to
1162411624
1162511625
1162611626
1162711627
1162811628
1162911629 HB2922 - 325 - LRB103 27829 RLC 54207 b
1163011630
1163111631
1163211632 HB2922- 326 -LRB103 27829 RLC 54207 b HB2922 - 326 - LRB103 27829 RLC 54207 b
1163311633 HB2922 - 326 - LRB103 27829 RLC 54207 b
1163411634 1 effectuate a transfer, change of placement, or change of
1163511635 2 program. When a court orders a respondent to stay away from the
1163611636 3 public, private, or non-public school attended by the
1163711637 4 petitioner and the respondent requests a transfer to another
1163811638 5 attendance center within the respondent's school district or
1163911639 6 private or non-public school, the school district or private
1164011640 7 or non-public school shall have sole discretion to determine
1164111641 8 the attendance center to which the respondent is transferred.
1164211642 9 If the court order results in a transfer of the minor
1164311643 10 respondent to another attendance center, a change in the
1164411644 11 respondent's placement, or a change of the respondent's
1164511645 12 program, the parents, guardian, or legal custodian of the
1164611646 13 respondent is responsible for transportation and other costs
1164711647 14 associated with the transfer or change.
1164811648 15 (c) The court may order the parents, guardian, or legal
1164911649 16 custodian of a minor respondent to take certain actions or to
1165011650 17 refrain from taking certain actions to ensure that the
1165111651 18 respondent complies with the order. If the court orders a
1165211652 19 transfer of the respondent to another school, the parents,
1165311653 20 guardian, or legal custodian of the respondent are responsible
1165411654 21 for transportation and other costs associated with the change
1165511655 22 of school by the respondent.
1165611656 23 (d) The court shall not hold a school district or private
1165711657 24 or non-public school or any of its employees in civil or
1165811658 25 criminal contempt unless the school district or private or
1165911659 26 non-public school has been allowed to intervene.
1166011660
1166111661
1166211662
1166311663
1166411664
1166511665 HB2922 - 326 - LRB103 27829 RLC 54207 b
1166611666
1166711667
1166811668 HB2922- 327 -LRB103 27829 RLC 54207 b HB2922 - 327 - LRB103 27829 RLC 54207 b
1166911669 HB2922 - 327 - LRB103 27829 RLC 54207 b
1167011670 1 (e) The court may hold the parents, guardian, or legal
1167111671 2 custodian of a minor respondent in civil or criminal contempt
1167211672 3 for a violation of any provision of any order entered under
1167311673 4 this Article for conduct of the minor respondent in violation
1167411674 5 of this Article if the parents, guardian, or legal custodian
1167511675 6 directed, encouraged, or assisted the respondent minor in the
1167611676 7 conduct.
1167711677 8 (f) Monetary damages are not recoverable as a remedy.
1167811678 9 (g) If the stalking no contact order prohibits the
1167911679 10 respondent from possessing a Firearm Owner's Identification
1168011680 11 Card, or possessing or buying firearms; the court shall
1168111681 12 confiscate the respondent's firearms and firearm ammunition
1168211682 13 Firearm Owner's Identification Card and immediately return the
1168311683 14 card to the Illinois State Police Firearm Owner's
1168411684 15 Identification Card Office.
1168511685 16 (Source: P.A. 102-538, eff. 8-20-21.)
1168611686 17 Section 90. The Unified Code of Corrections is amended by
1168711687 18 changing Sections 5-4.5-110, 5-5-3, 5-5-3.2, and 5-6-3 as
1168811688 19 follows:
1168911689 20 (730 ILCS 5/5-4.5-110)
1169011690 21 (Section scheduled to be repealed on January 1, 2024)
1169111691 22 Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
1169211692 23 PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.
1169311693 24 (a) DEFINITIONS. For the purposes of this Section:
1169411694
1169511695
1169611696
1169711697
1169811698
1169911699 HB2922 - 327 - LRB103 27829 RLC 54207 b
1170011700
1170111701
1170211702 HB2922- 328 -LRB103 27829 RLC 54207 b HB2922 - 328 - LRB103 27829 RLC 54207 b
1170311703 HB2922 - 328 - LRB103 27829 RLC 54207 b
1170411704 1 "Firearm" has the meaning ascribed to it in Section
1170511705 2 2-7.5 of the Criminal Code of 2012 1.1 of the Firearm
1170611706 3 Owners Identification Card Act.
1170711707 4 "Qualifying predicate offense" means the following
1170811708 5 offenses under the Criminal Code of 2012:
1170911709 6 (A) aggravated unlawful use of a weapon under
1171011710 7 Section 24-1.6 or similar offense under the Criminal
1171111711 8 Code of 1961, when the weapon is a firearm;
1171211712 9 (B) unlawful use or possession of a weapon by a
1171311713 10 felon under Section 24-1.1 or similar offense under
1171411714 11 the Criminal Code of 1961, when the weapon is a
1171511715 12 firearm;
1171611716 13 (C) first degree murder under Section 9-1 or
1171711717 14 similar offense under the Criminal Code of 1961;
1171811718 15 (D) attempted first degree murder with a firearm
1171911719 16 or similar offense under the Criminal Code of 1961;
1172011720 17 (E) aggravated kidnapping with a firearm under
1172111721 18 paragraph (6) or (7) of subsection (a) of Section 10-2
1172211722 19 or similar offense under the Criminal Code of 1961;
1172311723 20 (F) aggravated battery with a firearm under
1172411724 21 subsection (e) of Section 12-3.05 or similar offense
1172511725 22 under the Criminal Code of 1961;
1172611726 23 (G) aggravated criminal sexual assault under
1172711727 24 Section 11-1.30 or similar offense under the Criminal
1172811728 25 Code of 1961;
1172911729 26 (H) predatory criminal sexual assault of a child
1173011730
1173111731
1173211732
1173311733
1173411734
1173511735 HB2922 - 328 - LRB103 27829 RLC 54207 b
1173611736
1173711737
1173811738 HB2922- 329 -LRB103 27829 RLC 54207 b HB2922 - 329 - LRB103 27829 RLC 54207 b
1173911739 HB2922 - 329 - LRB103 27829 RLC 54207 b
1174011740 1 under Section 11-1.40 or similar offense under the
1174111741 2 Criminal Code of 1961;
1174211742 3 (I) armed robbery under Section 18-2 or similar
1174311743 4 offense under the Criminal Code of 1961;
1174411744 5 (J) vehicular hijacking under Section 18-3 or
1174511745 6 similar offense under the Criminal Code of 1961;
1174611746 7 (K) aggravated vehicular hijacking under Section
1174711747 8 18-4 or similar offense under the Criminal Code of
1174811748 9 1961;
1174911749 10 (L) home invasion with a firearm under paragraph
1175011750 11 (3), (4), or (5) of subsection (a) of Section 19-6 or
1175111751 12 similar offense under the Criminal Code of 1961;
1175211752 13 (M) aggravated discharge of a firearm under
1175311753 14 Section 24-1.2 or similar offense under the Criminal
1175411754 15 Code of 1961;
1175511755 16 (N) aggravated discharge of a machine gun or a
1175611756 17 firearm equipped with a device designed or used for
1175711757 18 silencing the report of a firearm under Section
1175811758 19 24-1.2-5 or similar offense under the Criminal Code of
1175911759 20 1961;
1176011760 21 (0) unlawful use of firearm projectiles under
1176111761 22 Section 24-2.1 or similar offense under the Criminal
1176211762 23 Code of 1961;
1176311763 24 (P) manufacture, sale, or transfer of bullets or
1176411764 25 shells represented to be armor piercing bullets,
1176511765 26 dragon's breath shotgun shells, bolo shells, or
1176611766
1176711767
1176811768
1176911769
1177011770
1177111771 HB2922 - 329 - LRB103 27829 RLC 54207 b
1177211772
1177311773
1177411774 HB2922- 330 -LRB103 27829 RLC 54207 b HB2922 - 330 - LRB103 27829 RLC 54207 b
1177511775 HB2922 - 330 - LRB103 27829 RLC 54207 b
1177611776 1 flechette shells under Section 24-2.2 or similar
1177711777 2 offense under the Criminal Code of 1961;
1177811778 3 (Q) unlawful sale or delivery of firearms under
1177911779 4 Section 24-3 or similar offense under the Criminal
1178011780 5 Code of 1961;
1178111781 6 (R) unlawful discharge of firearm projectiles
1178211782 7 under Section 24-3.2 or similar offense under the
1178311783 8 Criminal Code of 1961;
1178411784 9 (S) unlawful sale or delivery of firearms on
1178511785 10 school premises of any school under Section 24-3.3 or
1178611786 11 similar offense under the Criminal Code of 1961;
1178711787 12 (T) unlawful purchase of a firearm under Section
1178811788 13 24-3.5 or similar offense under the Criminal Code of
1178911789 14 1961;
1179011790 15 (U) use of a stolen firearm in the commission of an
1179111791 16 offense under Section 24-3.7 or similar offense under
1179211792 17 the Criminal Code of 1961;
1179311793 18 (V) possession of a stolen firearm under Section
1179411794 19 24-3.8 or similar offense under the Criminal Code of
1179511795 20 1961;
1179611796 21 (W) aggravated possession of a stolen firearm
1179711797 22 under Section 24-3.9 or similar offense under the
1179811798 23 Criminal Code of 1961;
1179911799 24 (X) gunrunning under Section 24-3A or similar
1180011800 25 offense under the Criminal Code of 1961;
1180111801 26 (Y) defacing identification marks of firearms
1180211802
1180311803
1180411804
1180511805
1180611806
1180711807 HB2922 - 330 - LRB103 27829 RLC 54207 b
1180811808
1180911809
1181011810 HB2922- 331 -LRB103 27829 RLC 54207 b HB2922 - 331 - LRB103 27829 RLC 54207 b
1181111811 HB2922 - 331 - LRB103 27829 RLC 54207 b
1181211812 1 under Section 24-5 or similar offense under the
1181311813 2 Criminal Code of 1961; and
1181411814 3 (Z) armed violence under Section 33A-2 or similar
1181511815 4 offense under the Criminal Code of 1961.
1181611816 5 (b) APPLICABILITY. For an offense committed on or after
1181711817 6 January 1, 2018 (the effective date of Public Act 100-3) and
1181811818 7 before January 1, 2024, when a person is convicted of unlawful
1181911819 8 use or possession of a weapon by a felon, when the weapon is a
1182011820 9 firearm, or aggravated unlawful use of a weapon, when the
1182111821 10 weapon is a firearm, after being previously convicted of a
1182211822 11 qualifying predicate offense the person shall be subject to
1182311823 12 the sentencing guidelines under this Section.
1182411824 13 (c) SENTENCING GUIDELINES.
1182511825 14 (1) When a person is convicted of unlawful use or
1182611826 15 possession of a weapon by a felon, when the weapon is a
1182711827 16 firearm, and that person has been previously convicted of
1182811828 17 a qualifying predicate offense, the person shall be
1182911829 18 sentenced to a term of imprisonment within the sentencing
1183011830 19 range of not less than 7 years and not more than 14 years,
1183111831 20 unless the court finds that a departure from the
1183211832 21 sentencing guidelines under this paragraph is warranted
1183311833 22 under subsection (d) of this Section.
1183411834 23 (2) When a person is convicted of aggravated unlawful
1183511835 24 use of a weapon, when the weapon is a firearm, and that
1183611836 25 person has been previously convicted of a qualifying
1183711837 26 predicate offense, the person shall be sentenced to a term
1183811838
1183911839
1184011840
1184111841
1184211842
1184311843 HB2922 - 331 - LRB103 27829 RLC 54207 b
1184411844
1184511845
1184611846 HB2922- 332 -LRB103 27829 RLC 54207 b HB2922 - 332 - LRB103 27829 RLC 54207 b
1184711847 HB2922 - 332 - LRB103 27829 RLC 54207 b
1184811848 1 of imprisonment within the sentencing range of not less
1184911849 2 than 6 years and not more than 7 years, unless the court
1185011850 3 finds that a departure from the sentencing guidelines
1185111851 4 under this paragraph is warranted under subsection (d) of
1185211852 5 this Section.
1185311853 6 (3) The sentencing guidelines in paragraphs (1) and
1185411854 7 (2) of this subsection (c) apply only to offenses
1185511855 8 committed on and after January 1, 2018 (the effective date
1185611856 9 of Public Act 100-3) and before January 1, 2024.
1185711857 10 (d) DEPARTURE FROM SENTENCING GUIDELINES.
1185811858 11 (1) At the sentencing hearing conducted under Section
1185911859 12 5-4-1 of this Code, the court may depart from the
1186011860 13 sentencing guidelines provided in subsection (c) of this
1186111861 14 Section and impose a sentence otherwise authorized by law
1186211862 15 for the offense if the court, after considering any factor
1186311863 16 under paragraph (2) of this subsection (d) relevant to the
1186411864 17 nature and circumstances of the crime and to the history
1186511865 18 and character of the defendant, finds on the record
1186611866 19 substantial and compelling justification that the sentence
1186711867 20 within the sentencing guidelines would be unduly harsh and
1186811868 21 that a sentence otherwise authorized by law would be
1186911869 22 consistent with public safety and does not deprecate the
1187011870 23 seriousness of the offense.
1187111871 24 (2) In deciding whether to depart from the sentencing
1187211872 25 guidelines under this paragraph, the court shall consider:
1187311873 26 (A) the age, immaturity, or limited mental
1187411874
1187511875
1187611876
1187711877
1187811878
1187911879 HB2922 - 332 - LRB103 27829 RLC 54207 b
1188011880
1188111881
1188211882 HB2922- 333 -LRB103 27829 RLC 54207 b HB2922 - 333 - LRB103 27829 RLC 54207 b
1188311883 HB2922 - 333 - LRB103 27829 RLC 54207 b
1188411884 1 capacity of the defendant at the time of commission of
1188511885 2 the qualifying predicate or current offense, including
1188611886 3 whether the defendant was suffering from a mental or
1188711887 4 physical condition insufficient to constitute a
1188811888 5 defense but significantly reduced the defendant's
1188911889 6 culpability;
1189011890 7 (B) the nature and circumstances of the qualifying
1189111891 8 predicate offense;
1189211892 9 (C) the time elapsed since the qualifying
1189311893 10 predicate offense;
1189411894 11 (D) the nature and circumstances of the current
1189511895 12 offense;
1189611896 13 (E) the defendant's prior criminal history;
1189711897 14 (F) whether the defendant committed the qualifying
1189811898 15 predicate or current offense under specific and
1189911899 16 credible duress, coercion, threat, or compulsion;
1190011900 17 (G) whether the defendant aided in the
1190111901 18 apprehension of another felon or testified truthfully
1190211902 19 on behalf of another prosecution of a felony; and
1190311903 20 (H) whether departure is in the interest of the
1190411904 21 person's rehabilitation, including employment or
1190511905 22 educational or vocational training, after taking into
1190611906 23 account any past rehabilitation efforts or
1190711907 24 dispositions of probation or supervision, and the
1190811908 25 defendant's cooperation or response to rehabilitation.
1190911909 26 (3) When departing from the sentencing guidelines
1191011910
1191111911
1191211912
1191311913
1191411914
1191511915 HB2922 - 333 - LRB103 27829 RLC 54207 b
1191611916
1191711917
1191811918 HB2922- 334 -LRB103 27829 RLC 54207 b HB2922 - 334 - LRB103 27829 RLC 54207 b
1191911919 HB2922 - 334 - LRB103 27829 RLC 54207 b
1192011920 1 under this Section, the court shall specify on the record,
1192111921 2 the particular evidence, information, factor or factors,
1192211922 3 or other reasons which led to the departure from the
1192311923 4 sentencing guidelines. When departing from the sentencing
1192411924 5 range in accordance with this subsection (d), the court
1192511925 6 shall indicate on the sentencing order which departure
1192611926 7 factor or factors outlined in paragraph (2) of this
1192711927 8 subsection (d) led to the sentence imposed. The sentencing
1192811928 9 order shall be filed with the clerk of the court and shall
1192911929 10 be a public record.
1193011930 11 (e) This Section is repealed on January 1, 2024.
1193111931 12 (Source: P.A. 102-1109, eff. 12-21-22.)
1193211932 13 (730 ILCS 5/5-5-3)
1193311933 14 Sec. 5-5-3. Disposition.
1193411934 15 (a) (Blank).
1193511935 16 (b) (Blank).
1193611936 17 (c) (1) (Blank).
1193711937 18 (2) A period of probation, a term of periodic imprisonment
1193811938 19 or conditional discharge shall not be imposed for the
1193911939 20 following offenses. The court shall sentence the offender to
1194011940 21 not less than the minimum term of imprisonment set forth in
1194111941 22 this Code for the following offenses, and may order a fine or
1194211942 23 restitution or both in conjunction with such term of
1194311943 24 imprisonment:
1194411944 25 (A) First degree murder where the death penalty is not
1194511945
1194611946
1194711947
1194811948
1194911949
1195011950 HB2922 - 334 - LRB103 27829 RLC 54207 b
1195111951
1195211952
1195311953 HB2922- 335 -LRB103 27829 RLC 54207 b HB2922 - 335 - LRB103 27829 RLC 54207 b
1195411954 HB2922 - 335 - LRB103 27829 RLC 54207 b
1195511955 1 imposed.
1195611956 2 (B) Attempted first degree murder.
1195711957 3 (C) A Class X felony.
1195811958 4 (D) A violation of Section 401.1 or 407 of the
1195911959 5 Illinois Controlled Substances Act, or a violation of
1196011960 6 subdivision (c)(1.5) of Section 401 of that Act which
1196111961 7 relates to more than 5 grams of a substance containing
1196211962 8 fentanyl or an analog thereof.
1196311963 9 (D-5) A violation of subdivision (c)(1) of Section 401
1196411964 10 of the Illinois Controlled Substances Act which relates to
1196511965 11 3 or more grams of a substance containing heroin or an
1196611966 12 analog thereof.
1196711967 13 (E) (Blank).
1196811968 14 (F) A Class 1 or greater felony if the offender had
1196911969 15 been convicted of a Class 1 or greater felony, including
1197011970 16 any state or federal conviction for an offense that
1197111971 17 contained, at the time it was committed, the same elements
1197211972 18 as an offense now (the date of the offense committed after
1197311973 19 the prior Class 1 or greater felony) classified as a Class
1197411974 20 1 or greater felony, within 10 years of the date on which
1197511975 21 the offender committed the offense for which he or she is
1197611976 22 being sentenced, except as otherwise provided in Section
1197711977 23 40-10 of the Substance Use Disorder Act.
1197811978 24 (F-3) A Class 2 or greater felony sex offense or
1197911979 25 felony firearm offense if the offender had been convicted
1198011980 26 of a Class 2 or greater felony, including any state or
1198111981
1198211982
1198311983
1198411984
1198511985
1198611986 HB2922 - 335 - LRB103 27829 RLC 54207 b
1198711987
1198811988
1198911989 HB2922- 336 -LRB103 27829 RLC 54207 b HB2922 - 336 - LRB103 27829 RLC 54207 b
1199011990 HB2922 - 336 - LRB103 27829 RLC 54207 b
1199111991 1 federal conviction for an offense that contained, at the
1199211992 2 time it was committed, the same elements as an offense now
1199311993 3 (the date of the offense committed after the prior Class 2
1199411994 4 or greater felony) classified as a Class 2 or greater
1199511995 5 felony, within 10 years of the date on which the offender
1199611996 6 committed the offense for which he or she is being
1199711997 7 sentenced, except as otherwise provided in Section 40-10
1199811998 8 of the Substance Use Disorder Act.
1199911999 9 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
1200012000 10 of the Criminal Code of 1961 or the Criminal Code of 2012
1200112001 11 for which imprisonment is prescribed in those Sections.
1200212002 12 (G) Residential burglary, except as otherwise provided
1200312003 13 in Section 40-10 of the Substance Use Disorder Act.
1200412004 14 (H) Criminal sexual assault.
1200512005 15 (I) Aggravated battery of a senior citizen as
1200612006 16 described in Section 12-4.6 or subdivision (a)(4) of
1200712007 17 Section 12-3.05 of the Criminal Code of 1961 or the
1200812008 18 Criminal Code of 2012.
1200912009 19 (J) A forcible felony if the offense was related to
1201012010 20 the activities of an organized gang.
1201112011 21 Before July 1, 1994, for the purposes of this
1201212012 22 paragraph, "organized gang" means an association of 5 or
1201312013 23 more persons, with an established hierarchy, that
1201412014 24 encourages members of the association to perpetrate crimes
1201512015 25 or provides support to the members of the association who
1201612016 26 do commit crimes.
1201712017
1201812018
1201912019
1202012020
1202112021
1202212022 HB2922 - 336 - LRB103 27829 RLC 54207 b
1202312023
1202412024
1202512025 HB2922- 337 -LRB103 27829 RLC 54207 b HB2922 - 337 - LRB103 27829 RLC 54207 b
1202612026 HB2922 - 337 - LRB103 27829 RLC 54207 b
1202712027 1 Beginning July 1, 1994, for the purposes of this
1202812028 2 paragraph, "organized gang" has the meaning ascribed to it
1202912029 3 in Section 10 of the Illinois Streetgang Terrorism Omnibus
1203012030 4 Prevention Act.
1203112031 5 (K) Vehicular hijacking.
1203212032 6 (L) A second or subsequent conviction for the offense
1203312033 7 of hate crime when the underlying offense upon which the
1203412034 8 hate crime is based is felony aggravated assault or felony
1203512035 9 mob action.
1203612036 10 (M) A second or subsequent conviction for the offense
1203712037 11 of institutional vandalism if the damage to the property
1203812038 12 exceeds $300.
1203912039 13 (N) A Class 3 felony violation of paragraph (1) of
1204012040 14 subsection (a) of Section 2 of the Firearm Owners
1204112041 15 Identification Card Act committed before the effective
1204212042 16 date of this amendatory Act of the 103rd General Assembly.
1204312043 17 (O) A violation of Section 12-6.1 or 12-6.5 of the
1204412044 18 Criminal Code of 1961 or the Criminal Code of 2012.
1204512045 19 (P) A violation of paragraph (1), (2), (3), (4), (5),
1204612046 20 or (7) of subsection (a) of Section 11-20.1 of the
1204712047 21 Criminal Code of 1961 or the Criminal Code of 2012.
1204812048 22 (P-5) A violation of paragraph (6) of subsection (a)
1204912049 23 of Section 11-20.1 of the Criminal Code of 1961 or the
1205012050 24 Criminal Code of 2012 if the victim is a household or
1205112051 25 family member of the defendant.
1205212052 26 (Q) A violation of subsection (b) or (b-5) of Section
1205312053
1205412054
1205512055
1205612056
1205712057
1205812058 HB2922 - 337 - LRB103 27829 RLC 54207 b
1205912059
1206012060
1206112061 HB2922- 338 -LRB103 27829 RLC 54207 b HB2922 - 338 - LRB103 27829 RLC 54207 b
1206212062 HB2922 - 338 - LRB103 27829 RLC 54207 b
1206312063 1 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
1206412064 2 Code of 1961 or the Criminal Code of 2012.
1206512065 3 (R) A violation of Section 24-3A of the Criminal Code
1206612066 4 of 1961 or the Criminal Code of 2012.
1206712067 5 (S) (Blank).
1206812068 6 (T) (Blank).
1206912069 7 (U) A second or subsequent violation of Section 6-303
1207012070 8 of the Illinois Vehicle Code committed while his or her
1207112071 9 driver's license, permit, or privilege was revoked because
1207212072 10 of a violation of Section 9-3 of the Criminal Code of 1961
1207312073 11 or the Criminal Code of 2012, relating to the offense of
1207412074 12 reckless homicide, or a similar provision of a law of
1207512075 13 another state.
1207612076 14 (V) A violation of paragraph (4) of subsection (c) of
1207712077 15 Section 11-20.1B or paragraph (4) of subsection (c) of
1207812078 16 Section 11-20.3 of the Criminal Code of 1961, or paragraph
1207912079 17 (6) of subsection (a) of Section 11-20.1 of the Criminal
1208012080 18 Code of 2012 when the victim is under 13 years of age and
1208112081 19 the defendant has previously been convicted under the laws
1208212082 20 of this State or any other state of the offense of child
1208312083 21 pornography, aggravated child pornography, aggravated
1208412084 22 criminal sexual abuse, aggravated criminal sexual assault,
1208512085 23 predatory criminal sexual assault of a child, or any of
1208612086 24 the offenses formerly known as rape, deviate sexual
1208712087 25 assault, indecent liberties with a child, or aggravated
1208812088 26 indecent liberties with a child where the victim was under
1208912089
1209012090
1209112091
1209212092
1209312093
1209412094 HB2922 - 338 - LRB103 27829 RLC 54207 b
1209512095
1209612096
1209712097 HB2922- 339 -LRB103 27829 RLC 54207 b HB2922 - 339 - LRB103 27829 RLC 54207 b
1209812098 HB2922 - 339 - LRB103 27829 RLC 54207 b
1209912099 1 the age of 18 years or an offense that is substantially
1210012100 2 equivalent to those offenses.
1210112101 3 (W) A violation of Section 24-3.5 of the Criminal Code
1210212102 4 of 1961 or the Criminal Code of 2012.
1210312103 5 (X) A violation of subsection (a) of Section 31-1a of
1210412104 6 the Criminal Code of 1961 or the Criminal Code of 2012.
1210512105 7 (Y) A conviction for unlawful possession of a firearm
1210612106 8 by a street gang member when the firearm was loaded or
1210712107 9 contained firearm ammunition.
1210812108 10 (Z) A Class 1 felony committed while he or she was
1210912109 11 serving a term of probation or conditional discharge for a
1211012110 12 felony.
1211112111 13 (AA) Theft of property exceeding $500,000 and not
1211212112 14 exceeding $1,000,000 in value.
1211312113 15 (BB) Laundering of criminally derived property of a
1211412114 16 value exceeding $500,000.
1211512115 17 (CC) Knowingly selling, offering for sale, holding for
1211612116 18 sale, or using 2,000 or more counterfeit items or
1211712117 19 counterfeit items having a retail value in the aggregate
1211812118 20 of $500,000 or more.
1211912119 21 (DD) A conviction for aggravated assault under
1212012120 22 paragraph (6) of subsection (c) of Section 12-2 of the
1212112121 23 Criminal Code of 1961 or the Criminal Code of 2012 if the
1212212122 24 firearm is aimed toward the person against whom the
1212312123 25 firearm is being used.
1212412124 26 (EE) A conviction for a violation of paragraph (2) of
1212512125
1212612126
1212712127
1212812128
1212912129
1213012130 HB2922 - 339 - LRB103 27829 RLC 54207 b
1213112131
1213212132
1213312133 HB2922- 340 -LRB103 27829 RLC 54207 b HB2922 - 340 - LRB103 27829 RLC 54207 b
1213412134 HB2922 - 340 - LRB103 27829 RLC 54207 b
1213512135 1 subsection (a) of Section 24-3B of the Criminal Code of
1213612136 2 2012.
1213712137 3 (3) (Blank).
1213812138 4 (4) A minimum term of imprisonment of not less than 10
1213912139 5 consecutive days or 30 days of community service shall be
1214012140 6 imposed for a violation of paragraph (c) of Section 6-303 of
1214112141 7 the Illinois Vehicle Code.
1214212142 8 (4.1) (Blank).
1214312143 9 (4.2) Except as provided in paragraphs (4.3) and (4.8) of
1214412144 10 this subsection (c), a minimum of 100 hours of community
1214512145 11 service shall be imposed for a second violation of Section
1214612146 12 6-303 of the Illinois Vehicle Code.
1214712147 13 (4.3) A minimum term of imprisonment of 30 days or 300
1214812148 14 hours of community service, as determined by the court, shall
1214912149 15 be imposed for a second violation of subsection (c) of Section
1215012150 16 6-303 of the Illinois Vehicle Code.
1215112151 17 (4.4) Except as provided in paragraphs (4.5), (4.6), and
1215212152 18 (4.9) of this subsection (c), a minimum term of imprisonment
1215312153 19 of 30 days or 300 hours of community service, as determined by
1215412154 20 the court, shall be imposed for a third or subsequent
1215512155 21 violation of Section 6-303 of the Illinois Vehicle Code. The
1215612156 22 court may give credit toward the fulfillment of community
1215712157 23 service hours for participation in activities and treatment as
1215812158 24 determined by court services.
1215912159 25 (4.5) A minimum term of imprisonment of 30 days shall be
1216012160 26 imposed for a third violation of subsection (c) of Section
1216112161
1216212162
1216312163
1216412164
1216512165
1216612166 HB2922 - 340 - LRB103 27829 RLC 54207 b
1216712167
1216812168
1216912169 HB2922- 341 -LRB103 27829 RLC 54207 b HB2922 - 341 - LRB103 27829 RLC 54207 b
1217012170 HB2922 - 341 - LRB103 27829 RLC 54207 b
1217112171 1 6-303 of the Illinois Vehicle Code.
1217212172 2 (4.6) Except as provided in paragraph (4.10) of this
1217312173 3 subsection (c), a minimum term of imprisonment of 180 days
1217412174 4 shall be imposed for a fourth or subsequent violation of
1217512175 5 subsection (c) of Section 6-303 of the Illinois Vehicle Code.
1217612176 6 (4.7) A minimum term of imprisonment of not less than 30
1217712177 7 consecutive days, or 300 hours of community service, shall be
1217812178 8 imposed for a violation of subsection (a-5) of Section 6-303
1217912179 9 of the Illinois Vehicle Code, as provided in subsection (b-5)
1218012180 10 of that Section.
1218112181 11 (4.8) A mandatory prison sentence shall be imposed for a
1218212182 12 second violation of subsection (a-5) of Section 6-303 of the
1218312183 13 Illinois Vehicle Code, as provided in subsection (c-5) of that
1218412184 14 Section. The person's driving privileges shall be revoked for
1218512185 15 a period of not less than 5 years from the date of his or her
1218612186 16 release from prison.
1218712187 17 (4.9) A mandatory prison sentence of not less than 4 and
1218812188 18 not more than 15 years shall be imposed for a third violation
1218912189 19 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
1219012190 20 Code, as provided in subsection (d-2.5) of that Section. The
1219112191 21 person's driving privileges shall be revoked for the remainder
1219212192 22 of his or her life.
1219312193 23 (4.10) A mandatory prison sentence for a Class 1 felony
1219412194 24 shall be imposed, and the person shall be eligible for an
1219512195 25 extended term sentence, for a fourth or subsequent violation
1219612196 26 of subsection (a-5) of Section 6-303 of the Illinois Vehicle
1219712197
1219812198
1219912199
1220012200
1220112201
1220212202 HB2922 - 341 - LRB103 27829 RLC 54207 b
1220312203
1220412204
1220512205 HB2922- 342 -LRB103 27829 RLC 54207 b HB2922 - 342 - LRB103 27829 RLC 54207 b
1220612206 HB2922 - 342 - LRB103 27829 RLC 54207 b
1220712207 1 Code, as provided in subsection (d-3.5) of that Section. The
1220812208 2 person's driving privileges shall be revoked for the remainder
1220912209 3 of his or her life.
1221012210 4 (5) The court may sentence a corporation or unincorporated
1221112211 5 association convicted of any offense to:
1221212212 6 (A) a period of conditional discharge;
1221312213 7 (B) a fine;
1221412214 8 (C) make restitution to the victim under Section 5-5-6
1221512215 9 of this Code.
1221612216 10 (5.1) In addition to any other penalties imposed, and
1221712217 11 except as provided in paragraph (5.2) or (5.3), a person
1221812218 12 convicted of violating subsection (c) of Section 11-907 of the
1221912219 13 Illinois Vehicle Code shall have his or her driver's license,
1222012220 14 permit, or privileges suspended for at least 90 days but not
1222112221 15 more than one year, if the violation resulted in damage to the
1222212222 16 property of another person.
1222312223 17 (5.2) In addition to any other penalties imposed, and
1222412224 18 except as provided in paragraph (5.3), a person convicted of
1222512225 19 violating subsection (c) of Section 11-907 of the Illinois
1222612226 20 Vehicle Code shall have his or her driver's license, permit,
1222712227 21 or privileges suspended for at least 180 days but not more than
1222812228 22 2 years, if the violation resulted in injury to another
1222912229 23 person.
1223012230 24 (5.3) In addition to any other penalties imposed, a person
1223112231 25 convicted of violating subsection (c) of Section 11-907 of the
1223212232 26 Illinois Vehicle Code shall have his or her driver's license,
1223312233
1223412234
1223512235
1223612236
1223712237
1223812238 HB2922 - 342 - LRB103 27829 RLC 54207 b
1223912239
1224012240
1224112241 HB2922- 343 -LRB103 27829 RLC 54207 b HB2922 - 343 - LRB103 27829 RLC 54207 b
1224212242 HB2922 - 343 - LRB103 27829 RLC 54207 b
1224312243 1 permit, or privileges suspended for 2 years, if the violation
1224412244 2 resulted in the death of another person.
1224512245 3 (5.4) In addition to any other penalties imposed, a person
1224612246 4 convicted of violating Section 3-707 of the Illinois Vehicle
1224712247 5 Code shall have his or her driver's license, permit, or
1224812248 6 privileges suspended for 3 months and until he or she has paid
1224912249 7 a reinstatement fee of $100.
1225012250 8 (5.5) In addition to any other penalties imposed, a person
1225112251 9 convicted of violating Section 3-707 of the Illinois Vehicle
1225212252 10 Code during a period in which his or her driver's license,
1225312253 11 permit, or privileges were suspended for a previous violation
1225412254 12 of that Section shall have his or her driver's license,
1225512255 13 permit, or privileges suspended for an additional 6 months
1225612256 14 after the expiration of the original 3-month suspension and
1225712257 15 until he or she has paid a reinstatement fee of $100.
1225812258 16 (6) (Blank).
1225912259 17 (7) (Blank).
1226012260 18 (8) (Blank).
1226112261 19 (9) A defendant convicted of a second or subsequent
1226212262 20 offense of ritualized abuse of a child may be sentenced to a
1226312263 21 term of natural life imprisonment.
1226412264 22 (10) (Blank).
1226512265 23 (11) The court shall impose a minimum fine of $1,000 for a
1226612266 24 first offense and $2,000 for a second or subsequent offense
1226712267 25 upon a person convicted of or placed on supervision for
1226812268 26 battery when the individual harmed was a sports official or
1226912269
1227012270
1227112271
1227212272
1227312273
1227412274 HB2922 - 343 - LRB103 27829 RLC 54207 b
1227512275
1227612276
1227712277 HB2922- 344 -LRB103 27829 RLC 54207 b HB2922 - 344 - LRB103 27829 RLC 54207 b
1227812278 HB2922 - 344 - LRB103 27829 RLC 54207 b
1227912279 1 coach at any level of competition and the act causing harm to
1228012280 2 the sports official or coach occurred within an athletic
1228112281 3 facility or within the immediate vicinity of the athletic
1228212282 4 facility at which the sports official or coach was an active
1228312283 5 participant of the athletic contest held at the athletic
1228412284 6 facility. For the purposes of this paragraph (11), "sports
1228512285 7 official" means a person at an athletic contest who enforces
1228612286 8 the rules of the contest, such as an umpire or referee;
1228712287 9 "athletic facility" means an indoor or outdoor playing field
1228812288 10 or recreational area where sports activities are conducted;
1228912289 11 and "coach" means a person recognized as a coach by the
1229012290 12 sanctioning authority that conducted the sporting event.
1229112291 13 (12) A person may not receive a disposition of court
1229212292 14 supervision for a violation of Section 5-16 of the Boat
1229312293 15 Registration and Safety Act if that person has previously
1229412294 16 received a disposition of court supervision for a violation of
1229512295 17 that Section.
1229612296 18 (13) A person convicted of or placed on court supervision
1229712297 19 for an assault or aggravated assault when the victim and the
1229812298 20 offender are family or household members as defined in Section
1229912299 21 103 of the Illinois Domestic Violence Act of 1986 or convicted
1230012300 22 of domestic battery or aggravated domestic battery may be
1230112301 23 required to attend a Partner Abuse Intervention Program under
1230212302 24 protocols set forth by the Illinois Department of Human
1230312303 25 Services under such terms and conditions imposed by the court.
1230412304 26 The costs of such classes shall be paid by the offender.
1230512305
1230612306
1230712307
1230812308
1230912309
1231012310 HB2922 - 344 - LRB103 27829 RLC 54207 b
1231112311
1231212312
1231312313 HB2922- 345 -LRB103 27829 RLC 54207 b HB2922 - 345 - LRB103 27829 RLC 54207 b
1231412314 HB2922 - 345 - LRB103 27829 RLC 54207 b
1231512315 1 (d) In any case in which a sentence originally imposed is
1231612316 2 vacated, the case shall be remanded to the trial court. The
1231712317 3 trial court shall hold a hearing under Section 5-4-1 of this
1231812318 4 Code which may include evidence of the defendant's life, moral
1231912319 5 character and occupation during the time since the original
1232012320 6 sentence was passed. The trial court shall then impose
1232112321 7 sentence upon the defendant. The trial court may impose any
1232212322 8 sentence which could have been imposed at the original trial
1232312323 9 subject to Section 5-5-4 of this Code. If a sentence is vacated
1232412324 10 on appeal or on collateral attack due to the failure of the
1232512325 11 trier of fact at trial to determine beyond a reasonable doubt
1232612326 12 the existence of a fact (other than a prior conviction)
1232712327 13 necessary to increase the punishment for the offense beyond
1232812328 14 the statutory maximum otherwise applicable, either the
1232912329 15 defendant may be re-sentenced to a term within the range
1233012330 16 otherwise provided or, if the State files notice of its
1233112331 17 intention to again seek the extended sentence, the defendant
1233212332 18 shall be afforded a new trial.
1233312333 19 (e) In cases where prosecution for aggravated criminal
1233412334 20 sexual abuse under Section 11-1.60 or 12-16 of the Criminal
1233512335 21 Code of 1961 or the Criminal Code of 2012 results in conviction
1233612336 22 of a defendant who was a family member of the victim at the
1233712337 23 time of the commission of the offense, the court shall
1233812338 24 consider the safety and welfare of the victim and may impose a
1233912339 25 sentence of probation only where:
1234012340 26 (1) the court finds (A) or (B) or both are
1234112341
1234212342
1234312343
1234412344
1234512345
1234612346 HB2922 - 345 - LRB103 27829 RLC 54207 b
1234712347
1234812348
1234912349 HB2922- 346 -LRB103 27829 RLC 54207 b HB2922 - 346 - LRB103 27829 RLC 54207 b
1235012350 HB2922 - 346 - LRB103 27829 RLC 54207 b
1235112351 1 appropriate:
1235212352 2 (A) the defendant is willing to undergo a court
1235312353 3 approved counseling program for a minimum duration of
1235412354 4 2 years; or
1235512355 5 (B) the defendant is willing to participate in a
1235612356 6 court approved plan, including, but not limited to,
1235712357 7 the defendant's:
1235812358 8 (i) removal from the household;
1235912359 9 (ii) restricted contact with the victim;
1236012360 10 (iii) continued financial support of the
1236112361 11 family;
1236212362 12 (iv) restitution for harm done to the victim;
1236312363 13 and
1236412364 14 (v) compliance with any other measures that
1236512365 15 the court may deem appropriate; and
1236612366 16 (2) the court orders the defendant to pay for the
1236712367 17 victim's counseling services, to the extent that the court
1236812368 18 finds, after considering the defendant's income and
1236912369 19 assets, that the defendant is financially capable of
1237012370 20 paying for such services, if the victim was under 18 years
1237112371 21 of age at the time the offense was committed and requires
1237212372 22 counseling as a result of the offense.
1237312373 23 Probation may be revoked or modified pursuant to Section
1237412374 24 5-6-4; except where the court determines at the hearing that
1237512375 25 the defendant violated a condition of his or her probation
1237612376 26 restricting contact with the victim or other family members or
1237712377
1237812378
1237912379
1238012380
1238112381
1238212382 HB2922 - 346 - LRB103 27829 RLC 54207 b
1238312383
1238412384
1238512385 HB2922- 347 -LRB103 27829 RLC 54207 b HB2922 - 347 - LRB103 27829 RLC 54207 b
1238612386 HB2922 - 347 - LRB103 27829 RLC 54207 b
1238712387 1 commits another offense with the victim or other family
1238812388 2 members, the court shall revoke the defendant's probation and
1238912389 3 impose a term of imprisonment.
1239012390 4 For the purposes of this Section, "family member" and
1239112391 5 "victim" shall have the meanings ascribed to them in Section
1239212392 6 11-0.1 of the Criminal Code of 2012.
1239312393 7 (f) (Blank).
1239412394 8 (g) Whenever a defendant is convicted of an offense under
1239512395 9 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1239612396 10 11-14.3, 11-14.4 except for an offense that involves keeping a
1239712397 11 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1239812398 12 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1239912399 13 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
1240012400 14 Criminal Code of 2012, the defendant shall undergo medical
1240112401 15 testing to determine whether the defendant has any sexually
1240212402 16 transmissible disease, including a test for infection with
1240312403 17 human immunodeficiency virus (HIV) or any other identified
1240412404 18 causative agent of acquired immunodeficiency syndrome (AIDS).
1240512405 19 Any such medical test shall be performed only by appropriately
1240612406 20 licensed medical practitioners and may include an analysis of
1240712407 21 any bodily fluids as well as an examination of the defendant's
1240812408 22 person. Except as otherwise provided by law, the results of
1240912409 23 such test shall be kept strictly confidential by all medical
1241012410 24 personnel involved in the testing and must be personally
1241112411 25 delivered in a sealed envelope to the judge of the court in
1241212412 26 which the conviction was entered for the judge's inspection in
1241312413
1241412414
1241512415
1241612416
1241712417
1241812418 HB2922 - 347 - LRB103 27829 RLC 54207 b
1241912419
1242012420
1242112421 HB2922- 348 -LRB103 27829 RLC 54207 b HB2922 - 348 - LRB103 27829 RLC 54207 b
1242212422 HB2922 - 348 - LRB103 27829 RLC 54207 b
1242312423 1 camera. Acting in accordance with the best interests of the
1242412424 2 victim and the public, the judge shall have the discretion to
1242512425 3 determine to whom, if anyone, the results of the testing may be
1242612426 4 revealed. The court shall notify the defendant of the test
1242712427 5 results. The court shall also notify the victim if requested
1242812428 6 by the victim, and if the victim is under the age of 15 and if
1242912429 7 requested by the victim's parents or legal guardian, the court
1243012430 8 shall notify the victim's parents or legal guardian of the
1243112431 9 test results. The court shall provide information on the
1243212432 10 availability of HIV testing and counseling at Department of
1243312433 11 Public Health facilities to all parties to whom the results of
1243412434 12 the testing are revealed and shall direct the State's Attorney
1243512435 13 to provide the information to the victim when possible. The
1243612436 14 court shall order that the cost of any such test shall be paid
1243712437 15 by the county and may be taxed as costs against the convicted
1243812438 16 defendant.
1243912439 17 (g-5) When an inmate is tested for an airborne
1244012440 18 communicable disease, as determined by the Illinois Department
1244112441 19 of Public Health, including, but not limited to, tuberculosis,
1244212442 20 the results of the test shall be personally delivered by the
1244312443 21 warden or his or her designee in a sealed envelope to the judge
1244412444 22 of the court in which the inmate must appear for the judge's
1244512445 23 inspection in camera if requested by the judge. Acting in
1244612446 24 accordance with the best interests of those in the courtroom,
1244712447 25 the judge shall have the discretion to determine what if any
1244812448 26 precautions need to be taken to prevent transmission of the
1244912449
1245012450
1245112451
1245212452
1245312453
1245412454 HB2922 - 348 - LRB103 27829 RLC 54207 b
1245512455
1245612456
1245712457 HB2922- 349 -LRB103 27829 RLC 54207 b HB2922 - 349 - LRB103 27829 RLC 54207 b
1245812458 HB2922 - 349 - LRB103 27829 RLC 54207 b
1245912459 1 disease in the courtroom.
1246012460 2 (h) Whenever a defendant is convicted of an offense under
1246112461 3 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
1246212462 4 defendant shall undergo medical testing to determine whether
1246312463 5 the defendant has been exposed to human immunodeficiency virus
1246412464 6 (HIV) or any other identified causative agent of acquired
1246512465 7 immunodeficiency syndrome (AIDS). Except as otherwise provided
1246612466 8 by law, the results of such test shall be kept strictly
1246712467 9 confidential by all medical personnel involved in the testing
1246812468 10 and must be personally delivered in a sealed envelope to the
1246912469 11 judge of the court in which the conviction was entered for the
1247012470 12 judge's inspection in camera. Acting in accordance with the
1247112471 13 best interests of the public, the judge shall have the
1247212472 14 discretion to determine to whom, if anyone, the results of the
1247312473 15 testing may be revealed. The court shall notify the defendant
1247412474 16 of a positive test showing an infection with the human
1247512475 17 immunodeficiency virus (HIV). The court shall provide
1247612476 18 information on the availability of HIV testing and counseling
1247712477 19 at Department of Public Health facilities to all parties to
1247812478 20 whom the results of the testing are revealed and shall direct
1247912479 21 the State's Attorney to provide the information to the victim
1248012480 22 when possible. The court shall order that the cost of any such
1248112481 23 test shall be paid by the county and may be taxed as costs
1248212482 24 against the convicted defendant.
1248312483 25 (i) All fines and penalties imposed under this Section for
1248412484 26 any violation of Chapters 3, 4, 6, and 11 of the Illinois
1248512485
1248612486
1248712487
1248812488
1248912489
1249012490 HB2922 - 349 - LRB103 27829 RLC 54207 b
1249112491
1249212492
1249312493 HB2922- 350 -LRB103 27829 RLC 54207 b HB2922 - 350 - LRB103 27829 RLC 54207 b
1249412494 HB2922 - 350 - LRB103 27829 RLC 54207 b
1249512495 1 Vehicle Code, or a similar provision of a local ordinance, and
1249612496 2 any violation of the Child Passenger Protection Act, or a
1249712497 3 similar provision of a local ordinance, shall be collected and
1249812498 4 disbursed by the circuit clerk as provided under the Criminal
1249912499 5 and Traffic Assessment Act.
1250012500 6 (j) In cases when prosecution for any violation of Section
1250112501 7 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1250212502 8 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1250312503 9 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1250412504 10 11-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1250512505 11 12-15, or 12-16 of the Criminal Code of 1961 or the Criminal
1250612506 12 Code of 2012, any violation of the Illinois Controlled
1250712507 13 Substances Act, any violation of the Cannabis Control Act, or
1250812508 14 any violation of the Methamphetamine Control and Community
1250912509 15 Protection Act results in conviction, a disposition of court
1251012510 16 supervision, or an order of probation granted under Section 10
1251112511 17 of the Cannabis Control Act, Section 410 of the Illinois
1251212512 18 Controlled Substances Act, or Section 70 of the
1251312513 19 Methamphetamine Control and Community Protection Act of a
1251412514 20 defendant, the court shall determine whether the defendant is
1251512515 21 employed by a facility or center as defined under the Child
1251612516 22 Care Act of 1969, a public or private elementary or secondary
1251712517 23 school, or otherwise works with children under 18 years of age
1251812518 24 on a daily basis. When a defendant is so employed, the court
1251912519 25 shall order the Clerk of the Court to send a copy of the
1252012520 26 judgment of conviction or order of supervision or probation to
1252112521
1252212522
1252312523
1252412524
1252512525
1252612526 HB2922 - 350 - LRB103 27829 RLC 54207 b
1252712527
1252812528
1252912529 HB2922- 351 -LRB103 27829 RLC 54207 b HB2922 - 351 - LRB103 27829 RLC 54207 b
1253012530 HB2922 - 351 - LRB103 27829 RLC 54207 b
1253112531 1 the defendant's employer by certified mail. If the employer of
1253212532 2 the defendant is a school, the Clerk of the Court shall direct
1253312533 3 the mailing of a copy of the judgment of conviction or order of
1253412534 4 supervision or probation to the appropriate regional
1253512535 5 superintendent of schools. The regional superintendent of
1253612536 6 schools shall notify the State Board of Education of any
1253712537 7 notification under this subsection.
1253812538 8 (j-5) A defendant at least 17 years of age who is convicted
1253912539 9 of a felony and who has not been previously convicted of a
1254012540 10 misdemeanor or felony and who is sentenced to a term of
1254112541 11 imprisonment in the Illinois Department of Corrections shall
1254212542 12 as a condition of his or her sentence be required by the court
1254312543 13 to attend educational courses designed to prepare the
1254412544 14 defendant for a high school diploma and to work toward a high
1254512545 15 school diploma or to work toward passing high school
1254612546 16 equivalency testing or to work toward completing a vocational
1254712547 17 training program offered by the Department of Corrections. If
1254812548 18 a defendant fails to complete the educational training
1254912549 19 required by his or her sentence during the term of
1255012550 20 incarceration, the Prisoner Review Board shall, as a condition
1255112551 21 of mandatory supervised release, require the defendant, at his
1255212552 22 or her own expense, to pursue a course of study toward a high
1255312553 23 school diploma or passage of high school equivalency testing.
1255412554 24 The Prisoner Review Board shall revoke the mandatory
1255512555 25 supervised release of a defendant who wilfully fails to comply
1255612556 26 with this subsection (j-5) upon his or her release from
1255712557
1255812558
1255912559
1256012560
1256112561
1256212562 HB2922 - 351 - LRB103 27829 RLC 54207 b
1256312563
1256412564
1256512565 HB2922- 352 -LRB103 27829 RLC 54207 b HB2922 - 352 - LRB103 27829 RLC 54207 b
1256612566 HB2922 - 352 - LRB103 27829 RLC 54207 b
1256712567 1 confinement in a penal institution while serving a mandatory
1256812568 2 supervised release term; however, the inability of the
1256912569 3 defendant after making a good faith effort to obtain financial
1257012570 4 aid or pay for the educational training shall not be deemed a
1257112571 5 wilful failure to comply. The Prisoner Review Board shall
1257212572 6 recommit the defendant whose mandatory supervised release term
1257312573 7 has been revoked under this subsection (j-5) as provided in
1257412574 8 Section 3-3-9. This subsection (j-5) does not apply to a
1257512575 9 defendant who has a high school diploma or has successfully
1257612576 10 passed high school equivalency testing. This subsection (j-5)
1257712577 11 does not apply to a defendant who is determined by the court to
1257812578 12 be a person with a developmental disability or otherwise
1257912579 13 mentally incapable of completing the educational or vocational
1258012580 14 program.
1258112581 15 (k) (Blank).
1258212582 16 (l) (A) Except as provided in paragraph (C) of subsection
1258312583 17 (l), whenever a defendant, who is not a citizen or national of
1258412584 18 the United States, is convicted of any felony or misdemeanor
1258512585 19 offense, the court after sentencing the defendant may, upon
1258612586 20 motion of the State's Attorney, hold sentence in abeyance and
1258712587 21 remand the defendant to the custody of the Attorney General of
1258812588 22 the United States or his or her designated agent to be deported
1258912589 23 when:
1259012590 24 (1) a final order of deportation has been issued
1259112591 25 against the defendant pursuant to proceedings under the
1259212592 26 Immigration and Nationality Act, and
1259312593
1259412594
1259512595
1259612596
1259712597
1259812598 HB2922 - 352 - LRB103 27829 RLC 54207 b
1259912599
1260012600
1260112601 HB2922- 353 -LRB103 27829 RLC 54207 b HB2922 - 353 - LRB103 27829 RLC 54207 b
1260212602 HB2922 - 353 - LRB103 27829 RLC 54207 b
1260312603 1 (2) the deportation of the defendant would not
1260412604 2 deprecate the seriousness of the defendant's conduct and
1260512605 3 would not be inconsistent with the ends of justice.
1260612606 4 Otherwise, the defendant shall be sentenced as provided in
1260712607 5 this Chapter V.
1260812608 6 (B) If the defendant has already been sentenced for a
1260912609 7 felony or misdemeanor offense, or has been placed on probation
1261012610 8 under Section 10 of the Cannabis Control Act, Section 410 of
1261112611 9 the Illinois Controlled Substances Act, or Section 70 of the
1261212612 10 Methamphetamine Control and Community Protection Act, the
1261312613 11 court may, upon motion of the State's Attorney to suspend the
1261412614 12 sentence imposed, commit the defendant to the custody of the
1261512615 13 Attorney General of the United States or his or her designated
1261612616 14 agent when:
1261712617 15 (1) a final order of deportation has been issued
1261812618 16 against the defendant pursuant to proceedings under the
1261912619 17 Immigration and Nationality Act, and
1262012620 18 (2) the deportation of the defendant would not
1262112621 19 deprecate the seriousness of the defendant's conduct and
1262212622 20 would not be inconsistent with the ends of justice.
1262312623 21 (C) This subsection (l) does not apply to offenders who
1262412624 22 are subject to the provisions of paragraph (2) of subsection
1262512625 23 (a) of Section 3-6-3.
1262612626 24 (D) Upon motion of the State's Attorney, if a defendant
1262712627 25 sentenced under this Section returns to the jurisdiction of
1262812628 26 the United States, the defendant shall be recommitted to the
1262912629
1263012630
1263112631
1263212632
1263312633
1263412634 HB2922 - 353 - LRB103 27829 RLC 54207 b
1263512635
1263612636
1263712637 HB2922- 354 -LRB103 27829 RLC 54207 b HB2922 - 354 - LRB103 27829 RLC 54207 b
1263812638 HB2922 - 354 - LRB103 27829 RLC 54207 b
1263912639 1 custody of the county from which he or she was sentenced.
1264012640 2 Thereafter, the defendant shall be brought before the
1264112641 3 sentencing court, which may impose any sentence that was
1264212642 4 available under Section 5-5-3 at the time of initial
1264312643 5 sentencing. In addition, the defendant shall not be eligible
1264412644 6 for additional earned sentence credit as provided under
1264512645 7 Section 3-6-3.
1264612646 8 (m) A person convicted of criminal defacement of property
1264712647 9 under Section 21-1.3 of the Criminal Code of 1961 or the
1264812648 10 Criminal Code of 2012, in which the property damage exceeds
1264912649 11 $300 and the property damaged is a school building, shall be
1265012650 12 ordered to perform community service that may include cleanup,
1265112651 13 removal, or painting over the defacement.
1265212652 14 (n) The court may sentence a person convicted of a
1265312653 15 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
1265412654 16 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
1265512655 17 of 1961 or the Criminal Code of 2012 (i) to an impact
1265612656 18 incarceration program if the person is otherwise eligible for
1265712657 19 that program under Section 5-8-1.1, (ii) to community service,
1265812658 20 or (iii) if the person has a substance use disorder, as defined
1265912659 21 in the Substance Use Disorder Act, to a treatment program
1266012660 22 licensed under that Act.
1266112661 23 (o) Whenever a person is convicted of a sex offense as
1266212662 24 defined in Section 2 of the Sex Offender Registration Act, the
1266312663 25 defendant's driver's license or permit shall be subject to
1266412664 26 renewal on an annual basis in accordance with the provisions
1266512665
1266612666
1266712667
1266812668
1266912669
1267012670 HB2922 - 354 - LRB103 27829 RLC 54207 b
1267112671
1267212672
1267312673 HB2922- 355 -LRB103 27829 RLC 54207 b HB2922 - 355 - LRB103 27829 RLC 54207 b
1267412674 HB2922 - 355 - LRB103 27829 RLC 54207 b
1267512675 1 of license renewal established by the Secretary of State.
1267612676 2 (Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
1267712677 3 102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
1267812678 4 5-27-22.)
1267912679 5 (730 ILCS 5/5-5-3.2)
1268012680 6 (Text of Section before amendment by P.A. 102-982)
1268112681 7 Sec. 5-5-3.2. Factors in aggravation and extended-term
1268212682 8 sentencing.
1268312683 9 (a) The following factors shall be accorded weight in
1268412684 10 favor of imposing a term of imprisonment or may be considered
1268512685 11 by the court as reasons to impose a more severe sentence under
1268612686 12 Section 5-8-1 or Article 4.5 of Chapter V:
1268712687 13 (1) the defendant's conduct caused or threatened
1268812688 14 serious harm;
1268912689 15 (2) the defendant received compensation for committing
1269012690 16 the offense;
1269112691 17 (3) the defendant has a history of prior delinquency
1269212692 18 or criminal activity;
1269312693 19 (4) the defendant, by the duties of his office or by
1269412694 20 his position, was obliged to prevent the particular
1269512695 21 offense committed or to bring the offenders committing it
1269612696 22 to justice;
1269712697 23 (5) the defendant held public office at the time of
1269812698 24 the offense, and the offense related to the conduct of
1269912699 25 that office;
1270012700
1270112701
1270212702
1270312703
1270412704
1270512705 HB2922 - 355 - LRB103 27829 RLC 54207 b
1270612706
1270712707
1270812708 HB2922- 356 -LRB103 27829 RLC 54207 b HB2922 - 356 - LRB103 27829 RLC 54207 b
1270912709 HB2922 - 356 - LRB103 27829 RLC 54207 b
1271012710 1 (6) the defendant utilized his professional reputation
1271112711 2 or position in the community to commit the offense, or to
1271212712 3 afford him an easier means of committing it;
1271312713 4 (7) the sentence is necessary to deter others from
1271412714 5 committing the same crime;
1271512715 6 (8) the defendant committed the offense against a
1271612716 7 person 60 years of age or older or such person's property;
1271712717 8 (9) the defendant committed the offense against a
1271812718 9 person who has a physical disability or such person's
1271912719 10 property;
1272012720 11 (10) by reason of another individual's actual or
1272112721 12 perceived race, color, creed, religion, ancestry, gender,
1272212722 13 sexual orientation, physical or mental disability, or
1272312723 14 national origin, the defendant committed the offense
1272412724 15 against (i) the person or property of that individual;
1272512725 16 (ii) the person or property of a person who has an
1272612726 17 association with, is married to, or has a friendship with
1272712727 18 the other individual; or (iii) the person or property of a
1272812728 19 relative (by blood or marriage) of a person described in
1272912729 20 clause (i) or (ii). For the purposes of this Section,
1273012730 21 "sexual orientation" has the meaning ascribed to it in
1273112731 22 paragraph (O-1) of Section 1-103 of the Illinois Human
1273212732 23 Rights Act;
1273312733 24 (11) the offense took place in a place of worship or on
1273412734 25 the grounds of a place of worship, immediately prior to,
1273512735 26 during or immediately following worship services. For
1273612736
1273712737
1273812738
1273912739
1274012740
1274112741 HB2922 - 356 - LRB103 27829 RLC 54207 b
1274212742
1274312743
1274412744 HB2922- 357 -LRB103 27829 RLC 54207 b HB2922 - 357 - LRB103 27829 RLC 54207 b
1274512745 HB2922 - 357 - LRB103 27829 RLC 54207 b
1274612746 1 purposes of this subparagraph, "place of worship" shall
1274712747 2 mean any church, synagogue or other building, structure or
1274812748 3 place used primarily for religious worship;
1274912749 4 (12) the defendant was convicted of a felony committed
1275012750 5 while he was on pretrial release or his own recognizance
1275112751 6 pending trial for a prior felony and was convicted of such
1275212752 7 prior felony, or the defendant was convicted of a felony
1275312753 8 committed while he was serving a period of probation,
1275412754 9 conditional discharge, or mandatory supervised release
1275512755 10 under subsection (d) of Section 5-8-1 for a prior felony;
1275612756 11 (13) the defendant committed or attempted to commit a
1275712757 12 felony while he was wearing a bulletproof vest. For the
1275812758 13 purposes of this paragraph (13), a bulletproof vest is any
1275912759 14 device which is designed for the purpose of protecting the
1276012760 15 wearer from bullets, shot or other lethal projectiles;
1276112761 16 (14) the defendant held a position of trust or
1276212762 17 supervision such as, but not limited to, family member as
1276312763 18 defined in Section 11-0.1 of the Criminal Code of 2012,
1276412764 19 teacher, scout leader, baby sitter, or day care worker, in
1276512765 20 relation to a victim under 18 years of age, and the
1276612766 21 defendant committed an offense in violation of Section
1276712767 22 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
1276812768 23 11-14.4 except for an offense that involves keeping a
1276912769 24 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
1277012770 25 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
1277112771 26 or 12-16 of the Criminal Code of 1961 or the Criminal Code
1277212772
1277312773
1277412774
1277512775
1277612776
1277712777 HB2922 - 357 - LRB103 27829 RLC 54207 b
1277812778
1277912779
1278012780 HB2922- 358 -LRB103 27829 RLC 54207 b HB2922 - 358 - LRB103 27829 RLC 54207 b
1278112781 HB2922 - 358 - LRB103 27829 RLC 54207 b
1278212782 1 of 2012 against that victim;
1278312783 2 (15) the defendant committed an offense related to the
1278412784 3 activities of an organized gang. For the purposes of this
1278512785 4 factor, "organized gang" has the meaning ascribed to it in
1278612786 5 Section 10 of the Streetgang Terrorism Omnibus Prevention
1278712787 6 Act;
1278812788 7 (16) the defendant committed an offense in violation
1278912789 8 of one of the following Sections while in a school,
1279012790 9 regardless of the time of day or time of year; on any
1279112791 10 conveyance owned, leased, or contracted by a school to
1279212792 11 transport students to or from school or a school related
1279312793 12 activity; on the real property of a school; or on a public
1279412794 13 way within 1,000 feet of the real property comprising any
1279512795 14 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
1279612796 15 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
1279712797 16 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
1279812798 17 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
1279912799 18 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
1280012800 19 for subdivision (a)(4) or (g)(1), of the Criminal Code of
1280112801 20 1961 or the Criminal Code of 2012;
1280212802 21 (16.5) the defendant committed an offense in violation
1280312803 22 of one of the following Sections while in a day care
1280412804 23 center, regardless of the time of day or time of year; on
1280512805 24 the real property of a day care center, regardless of the
1280612806 25 time of day or time of year; or on a public way within
1280712807 26 1,000 feet of the real property comprising any day care
1280812808
1280912809
1281012810
1281112811
1281212812
1281312813 HB2922 - 358 - LRB103 27829 RLC 54207 b
1281412814
1281512815
1281612816 HB2922- 359 -LRB103 27829 RLC 54207 b HB2922 - 359 - LRB103 27829 RLC 54207 b
1281712817 HB2922 - 359 - LRB103 27829 RLC 54207 b
1281812818 1 center, regardless of the time of day or time of year:
1281912819 2 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
1282012820 3 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
1282112821 4 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
1282212822 5 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
1282312823 6 18-2, or 33A-2, or Section 12-3.05 except for subdivision
1282412824 7 (a)(4) or (g)(1), of the Criminal Code of 1961 or the
1282512825 8 Criminal Code of 2012;
1282612826 9 (17) the defendant committed the offense by reason of
1282712827 10 any person's activity as a community policing volunteer or
1282812828 11 to prevent any person from engaging in activity as a
1282912829 12 community policing volunteer. For the purpose of this
1283012830 13 Section, "community policing volunteer" has the meaning
1283112831 14 ascribed to it in Section 2-3.5 of the Criminal Code of
1283212832 15 2012;
1283312833 16 (18) the defendant committed the offense in a nursing
1283412834 17 home or on the real property comprising a nursing home.
1283512835 18 For the purposes of this paragraph (18), "nursing home"
1283612836 19 means a skilled nursing or intermediate long term care
1283712837 20 facility that is subject to license by the Illinois
1283812838 21 Department of Public Health under the Nursing Home Care
1283912839 22 Act, the Specialized Mental Health Rehabilitation Act of
1284012840 23 2013, the ID/DD Community Care Act, or the MC/DD Act;
1284112841 24 (19) the defendant was a federally licensed firearm
1284212842 25 dealer and was previously convicted of a violation of
1284312843 26 subsection (a) of Section 3 of the Firearm Owners
1284412844
1284512845
1284612846
1284712847
1284812848
1284912849 HB2922 - 359 - LRB103 27829 RLC 54207 b
1285012850
1285112851
1285212852 HB2922- 360 -LRB103 27829 RLC 54207 b HB2922 - 360 - LRB103 27829 RLC 54207 b
1285312853 HB2922 - 360 - LRB103 27829 RLC 54207 b
1285412854 1 Identification Card Act before its repeal by this
1285512855 2 amendatory Act of the 103rd General Assembly and has now
1285612856 3 committed either a felony violation of the Firearm Owners
1285712857 4 Identification Card Act or an act of armed violence while
1285812858 5 armed with a firearm;
1285912859 6 (20) the defendant (i) committed the offense of
1286012860 7 reckless homicide under Section 9-3 of the Criminal Code
1286112861 8 of 1961 or the Criminal Code of 2012 or the offense of
1286212862 9 driving under the influence of alcohol, other drug or
1286312863 10 drugs, intoxicating compound or compounds or any
1286412864 11 combination thereof under Section 11-501 of the Illinois
1286512865 12 Vehicle Code or a similar provision of a local ordinance
1286612866 13 and (ii) was operating a motor vehicle in excess of 20
1286712867 14 miles per hour over the posted speed limit as provided in
1286812868 15 Article VI of Chapter 11 of the Illinois Vehicle Code;
1286912869 16 (21) the defendant (i) committed the offense of
1287012870 17 reckless driving or aggravated reckless driving under
1287112871 18 Section 11-503 of the Illinois Vehicle Code and (ii) was
1287212872 19 operating a motor vehicle in excess of 20 miles per hour
1287312873 20 over the posted speed limit as provided in Article VI of
1287412874 21 Chapter 11 of the Illinois Vehicle Code;
1287512875 22 (22) the defendant committed the offense against a
1287612876 23 person that the defendant knew, or reasonably should have
1287712877 24 known, was a member of the Armed Forces of the United
1287812878 25 States serving on active duty. For purposes of this clause
1287912879 26 (22), the term "Armed Forces" means any of the Armed
1288012880
1288112881
1288212882
1288312883
1288412884
1288512885 HB2922 - 360 - LRB103 27829 RLC 54207 b
1288612886
1288712887
1288812888 HB2922- 361 -LRB103 27829 RLC 54207 b HB2922 - 361 - LRB103 27829 RLC 54207 b
1288912889 HB2922 - 361 - LRB103 27829 RLC 54207 b
1289012890 1 Forces of the United States, including a member of any
1289112891 2 reserve component thereof or National Guard unit called to
1289212892 3 active duty;
1289312893 4 (23) the defendant committed the offense against a
1289412894 5 person who was elderly or infirm or who was a person with a
1289512895 6 disability by taking advantage of a family or fiduciary
1289612896 7 relationship with the elderly or infirm person or person
1289712897 8 with a disability;
1289812898 9 (24) the defendant committed any offense under Section
1289912899 10 11-20.1 of the Criminal Code of 1961 or the Criminal Code
1290012900 11 of 2012 and possessed 100 or more images;
1290112901 12 (25) the defendant committed the offense while the
1290212902 13 defendant or the victim was in a train, bus, or other
1290312903 14 vehicle used for public transportation;
1290412904 15 (26) the defendant committed the offense of child
1290512905 16 pornography or aggravated child pornography, specifically
1290612906 17 including paragraph (1), (2), (3), (4), (5), or (7) of
1290712907 18 subsection (a) of Section 11-20.1 of the Criminal Code of
1290812908 19 1961 or the Criminal Code of 2012 where a child engaged in,
1290912909 20 solicited for, depicted in, or posed in any act of sexual
1291012910 21 penetration or bound, fettered, or subject to sadistic,
1291112911 22 masochistic, or sadomasochistic abuse in a sexual context
1291212912 23 and specifically including paragraph (1), (2), (3), (4),
1291312913 24 (5), or (7) of subsection (a) of Section 11-20.1B or
1291412914 25 Section 11-20.3 of the Criminal Code of 1961 where a child
1291512915 26 engaged in, solicited for, depicted in, or posed in any
1291612916
1291712917
1291812918
1291912919
1292012920
1292112921 HB2922 - 361 - LRB103 27829 RLC 54207 b
1292212922
1292312923
1292412924 HB2922- 362 -LRB103 27829 RLC 54207 b HB2922 - 362 - LRB103 27829 RLC 54207 b
1292512925 HB2922 - 362 - LRB103 27829 RLC 54207 b
1292612926 1 act of sexual penetration or bound, fettered, or subject
1292712927 2 to sadistic, masochistic, or sadomasochistic abuse in a
1292812928 3 sexual context;
1292912929 4 (27) the defendant committed the offense of first
1293012930 5 degree murder, assault, aggravated assault, battery,
1293112931 6 aggravated battery, robbery, armed robbery, or aggravated
1293212932 7 robbery against a person who was a veteran and the
1293312933 8 defendant knew, or reasonably should have known, that the
1293412934 9 person was a veteran performing duties as a representative
1293512935 10 of a veterans' organization. For the purposes of this
1293612936 11 paragraph (27), "veteran" means an Illinois resident who
1293712937 12 has served as a member of the United States Armed Forces, a
1293812938 13 member of the Illinois National Guard, or a member of the
1293912939 14 United States Reserve Forces; and "veterans' organization"
1294012940 15 means an organization comprised of members of which
1294112941 16 substantially all are individuals who are veterans or
1294212942 17 spouses, widows, or widowers of veterans, the primary
1294312943 18 purpose of which is to promote the welfare of its members
1294412944 19 and to provide assistance to the general public in such a
1294512945 20 way as to confer a public benefit;
1294612946 21 (28) the defendant committed the offense of assault,
1294712947 22 aggravated assault, battery, aggravated battery, robbery,
1294812948 23 armed robbery, or aggravated robbery against a person that
1294912949 24 the defendant knew or reasonably should have known was a
1295012950 25 letter carrier or postal worker while that person was
1295112951 26 performing his or her duties delivering mail for the
1295212952
1295312953
1295412954
1295512955
1295612956
1295712957 HB2922 - 362 - LRB103 27829 RLC 54207 b
1295812958
1295912959
1296012960 HB2922- 363 -LRB103 27829 RLC 54207 b HB2922 - 363 - LRB103 27829 RLC 54207 b
1296112961 HB2922 - 363 - LRB103 27829 RLC 54207 b
1296212962 1 United States Postal Service;
1296312963 2 (29) the defendant committed the offense of criminal
1296412964 3 sexual assault, aggravated criminal sexual assault,
1296512965 4 criminal sexual abuse, or aggravated criminal sexual abuse
1296612966 5 against a victim with an intellectual disability, and the
1296712967 6 defendant holds a position of trust, authority, or
1296812968 7 supervision in relation to the victim;
1296912969 8 (30) the defendant committed the offense of promoting
1297012970 9 juvenile prostitution, patronizing a prostitute, or
1297112971 10 patronizing a minor engaged in prostitution and at the
1297212972 11 time of the commission of the offense knew that the
1297312973 12 prostitute or minor engaged in prostitution was in the
1297412974 13 custody or guardianship of the Department of Children and
1297512975 14 Family Services;
1297612976 15 (31) the defendant (i) committed the offense of
1297712977 16 driving while under the influence of alcohol, other drug
1297812978 17 or drugs, intoxicating compound or compounds or any
1297912979 18 combination thereof in violation of Section 11-501 of the
1298012980 19 Illinois Vehicle Code or a similar provision of a local
1298112981 20 ordinance and (ii) the defendant during the commission of
1298212982 21 the offense was driving his or her vehicle upon a roadway
1298312983 22 designated for one-way traffic in the opposite direction
1298412984 23 of the direction indicated by official traffic control
1298512985 24 devices;
1298612986 25 (32) the defendant committed the offense of reckless
1298712987 26 homicide while committing a violation of Section 11-907 of
1298812988
1298912989
1299012990
1299112991
1299212992
1299312993 HB2922 - 363 - LRB103 27829 RLC 54207 b
1299412994
1299512995
1299612996 HB2922- 364 -LRB103 27829 RLC 54207 b HB2922 - 364 - LRB103 27829 RLC 54207 b
1299712997 HB2922 - 364 - LRB103 27829 RLC 54207 b
1299812998 1 the Illinois Vehicle Code;
1299912999 2 (33) the defendant was found guilty of an
1300013000 3 administrative infraction related to an act or acts of
1300113001 4 public indecency or sexual misconduct in the penal
1300213002 5 institution. In this paragraph (33), "penal institution"
1300313003 6 has the same meaning as in Section 2-14 of the Criminal
1300413004 7 Code of 2012; or
1300513005 8 (34) the defendant committed the offense of leaving
1300613006 9 the scene of an accident in violation of subsection (b) of
1300713007 10 Section 11-401 of the Illinois Vehicle Code and the
1300813008 11 accident resulted in the death of a person and at the time
1300913009 12 of the offense, the defendant was: (i) driving under the
1301013010 13 influence of alcohol, other drug or drugs, intoxicating
1301113011 14 compound or compounds or any combination thereof as
1301213012 15 defined by Section 11-501 of the Illinois Vehicle Code; or
1301313013 16 (ii) operating the motor vehicle while using an electronic
1301413014 17 communication device as defined in Section 12-610.2 of the
1301513015 18 Illinois Vehicle Code.
1301613016 19 For the purposes of this Section:
1301713017 20 "School" is defined as a public or private elementary or
1301813018 21 secondary school, community college, college, or university.
1301913019 22 "Day care center" means a public or private State
1302013020 23 certified and licensed day care center as defined in Section
1302113021 24 2.09 of the Child Care Act of 1969 that displays a sign in
1302213022 25 plain view stating that the property is a day care center.
1302313023 26 "Intellectual disability" means significantly subaverage
1302413024
1302513025
1302613026
1302713027
1302813028
1302913029 HB2922 - 364 - LRB103 27829 RLC 54207 b
1303013030
1303113031
1303213032 HB2922- 365 -LRB103 27829 RLC 54207 b HB2922 - 365 - LRB103 27829 RLC 54207 b
1303313033 HB2922 - 365 - LRB103 27829 RLC 54207 b
1303413034 1 intellectual functioning which exists concurrently with
1303513035 2 impairment in adaptive behavior.
1303613036 3 "Public transportation" means the transportation or
1303713037 4 conveyance of persons by means available to the general
1303813038 5 public, and includes paratransit services.
1303913039 6 "Traffic control devices" means all signs, signals,
1304013040 7 markings, and devices that conform to the Illinois Manual on
1304113041 8 Uniform Traffic Control Devices, placed or erected by
1304213042 9 authority of a public body or official having jurisdiction,
1304313043 10 for the purpose of regulating, warning, or guiding traffic.
1304413044 11 (b) The following factors, related to all felonies, may be
1304513045 12 considered by the court as reasons to impose an extended term
1304613046 13 sentence under Section 5-8-2 upon any offender:
1304713047 14 (1) When a defendant is convicted of any felony, after
1304813048 15 having been previously convicted in Illinois or any other
1304913049 16 jurisdiction of the same or similar class felony or
1305013050 17 greater class felony, when such conviction has occurred
1305113051 18 within 10 years after the previous conviction, excluding
1305213052 19 time spent in custody, and such charges are separately
1305313053 20 brought and tried and arise out of different series of
1305413054 21 acts; or
1305513055 22 (2) When a defendant is convicted of any felony and
1305613056 23 the court finds that the offense was accompanied by
1305713057 24 exceptionally brutal or heinous behavior indicative of
1305813058 25 wanton cruelty; or
1305913059 26 (3) When a defendant is convicted of any felony
1306013060
1306113061
1306213062
1306313063
1306413064
1306513065 HB2922 - 365 - LRB103 27829 RLC 54207 b
1306613066
1306713067
1306813068 HB2922- 366 -LRB103 27829 RLC 54207 b HB2922 - 366 - LRB103 27829 RLC 54207 b
1306913069 HB2922 - 366 - LRB103 27829 RLC 54207 b
1307013070 1 committed against:
1307113071 2 (i) a person under 12 years of age at the time of
1307213072 3 the offense or such person's property;
1307313073 4 (ii) a person 60 years of age or older at the time
1307413074 5 of the offense or such person's property; or
1307513075 6 (iii) a person who had a physical disability at
1307613076 7 the time of the offense or such person's property; or
1307713077 8 (4) When a defendant is convicted of any felony and
1307813078 9 the offense involved any of the following types of
1307913079 10 specific misconduct committed as part of a ceremony, rite,
1308013080 11 initiation, observance, performance, practice or activity
1308113081 12 of any actual or ostensible religious, fraternal, or
1308213082 13 social group:
1308313083 14 (i) the brutalizing or torturing of humans or
1308413084 15 animals;
1308513085 16 (ii) the theft of human corpses;
1308613086 17 (iii) the kidnapping of humans;
1308713087 18 (iv) the desecration of any cemetery, religious,
1308813088 19 fraternal, business, governmental, educational, or
1308913089 20 other building or property; or
1309013090 21 (v) ritualized abuse of a child; or
1309113091 22 (5) When a defendant is convicted of a felony other
1309213092 23 than conspiracy and the court finds that the felony was
1309313093 24 committed under an agreement with 2 or more other persons
1309413094 25 to commit that offense and the defendant, with respect to
1309513095 26 the other individuals, occupied a position of organizer,
1309613096
1309713097
1309813098
1309913099
1310013100
1310113101 HB2922 - 366 - LRB103 27829 RLC 54207 b
1310213102
1310313103
1310413104 HB2922- 367 -LRB103 27829 RLC 54207 b HB2922 - 367 - LRB103 27829 RLC 54207 b
1310513105 HB2922 - 367 - LRB103 27829 RLC 54207 b
1310613106 1 supervisor, financier, or any other position of management
1310713107 2 or leadership, and the court further finds that the felony
1310813108 3 committed was related to or in furtherance of the criminal
1310913109 4 activities of an organized gang or was motivated by the
1311013110 5 defendant's leadership in an organized gang; or
1311113111 6 (6) When a defendant is convicted of an offense
1311213112 7 committed while using a firearm with a laser sight
1311313113 8 attached to it. For purposes of this paragraph, "laser
1311413114 9 sight" has the meaning ascribed to it in Section 26-7 of
1311513115 10 the Criminal Code of 2012; or
1311613116 11 (7) When a defendant who was at least 17 years of age
1311713117 12 at the time of the commission of the offense is convicted
1311813118 13 of a felony and has been previously adjudicated a
1311913119 14 delinquent minor under the Juvenile Court Act of 1987 for
1312013120 15 an act that if committed by an adult would be a Class X or
1312113121 16 Class 1 felony when the conviction has occurred within 10
1312213122 17 years after the previous adjudication, excluding time
1312313123 18 spent in custody; or
1312413124 19 (8) When a defendant commits any felony and the
1312513125 20 defendant used, possessed, exercised control over, or
1312613126 21 otherwise directed an animal to assault a law enforcement
1312713127 22 officer engaged in the execution of his or her official
1312813128 23 duties or in furtherance of the criminal activities of an
1312913129 24 organized gang in which the defendant is engaged; or
1313013130 25 (9) When a defendant commits any felony and the
1313113131 26 defendant knowingly video or audio records the offense
1313213132
1313313133
1313413134
1313513135
1313613136
1313713137 HB2922 - 367 - LRB103 27829 RLC 54207 b
1313813138
1313913139
1314013140 HB2922- 368 -LRB103 27829 RLC 54207 b HB2922 - 368 - LRB103 27829 RLC 54207 b
1314113141 HB2922 - 368 - LRB103 27829 RLC 54207 b
1314213142 1 with the intent to disseminate the recording.
1314313143 2 (c) The following factors may be considered by the court
1314413144 3 as reasons to impose an extended term sentence under Section
1314513145 4 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
1314613146 5 offenses:
1314713147 6 (1) When a defendant is convicted of first degree
1314813148 7 murder, after having been previously convicted in Illinois
1314913149 8 of any offense listed under paragraph (c)(2) of Section
1315013150 9 5-5-3 (730 ILCS 5/5-5-3), when that conviction has
1315113151 10 occurred within 10 years after the previous conviction,
1315213152 11 excluding time spent in custody, and the charges are
1315313153 12 separately brought and tried and arise out of different
1315413154 13 series of acts.
1315513155 14 (1.5) When a defendant is convicted of first degree
1315613156 15 murder, after having been previously convicted of domestic
1315713157 16 battery (720 ILCS 5/12-3.2) or aggravated domestic battery
1315813158 17 (720 ILCS 5/12-3.3) committed on the same victim or after
1315913159 18 having been previously convicted of violation of an order
1316013160 19 of protection (720 ILCS 5/12-30) in which the same victim
1316113161 20 was the protected person.
1316213162 21 (2) When a defendant is convicted of voluntary
1316313163 22 manslaughter, second degree murder, involuntary
1316413164 23 manslaughter, or reckless homicide in which the defendant
1316513165 24 has been convicted of causing the death of more than one
1316613166 25 individual.
1316713167 26 (3) When a defendant is convicted of aggravated
1316813168
1316913169
1317013170
1317113171
1317213172
1317313173 HB2922 - 368 - LRB103 27829 RLC 54207 b
1317413174
1317513175
1317613176 HB2922- 369 -LRB103 27829 RLC 54207 b HB2922 - 369 - LRB103 27829 RLC 54207 b
1317713177 HB2922 - 369 - LRB103 27829 RLC 54207 b
1317813178 1 criminal sexual assault or criminal sexual assault, when
1317913179 2 there is a finding that aggravated criminal sexual assault
1318013180 3 or criminal sexual assault was also committed on the same
1318113181 4 victim by one or more other individuals, and the defendant
1318213182 5 voluntarily participated in the crime with the knowledge
1318313183 6 of the participation of the others in the crime, and the
1318413184 7 commission of the crime was part of a single course of
1318513185 8 conduct during which there was no substantial change in
1318613186 9 the nature of the criminal objective.
1318713187 10 (4) If the victim was under 18 years of age at the time
1318813188 11 of the commission of the offense, when a defendant is
1318913189 12 convicted of aggravated criminal sexual assault or
1319013190 13 predatory criminal sexual assault of a child under
1319113191 14 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
1319213192 15 of Section 12-14.1 of the Criminal Code of 1961 or the
1319313193 16 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
1319413194 17 (5) When a defendant is convicted of a felony
1319513195 18 violation of Section 24-1 of the Criminal Code of 1961 or
1319613196 19 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
1319713197 20 finding that the defendant is a member of an organized
1319813198 21 gang.
1319913199 22 (6) When a defendant was convicted of unlawful use of
1320013200 23 weapons under Section 24-1 of the Criminal Code of 1961 or
1320113201 24 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
1320213202 25 a weapon that is not readily distinguishable as one of the
1320313203 26 weapons enumerated in Section 24-1 of the Criminal Code of
1320413204
1320513205
1320613206
1320713207
1320813208
1320913209 HB2922 - 369 - LRB103 27829 RLC 54207 b
1321013210
1321113211
1321213212 HB2922- 370 -LRB103 27829 RLC 54207 b HB2922 - 370 - LRB103 27829 RLC 54207 b
1321313213 HB2922 - 370 - LRB103 27829 RLC 54207 b
1321413214 1 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
1321513215 2 (7) When a defendant is convicted of an offense
1321613216 3 involving the illegal manufacture of a controlled
1321713217 4 substance under Section 401 of the Illinois Controlled
1321813218 5 Substances Act (720 ILCS 570/401), the illegal manufacture
1321913219 6 of methamphetamine under Section 25 of the Methamphetamine
1322013220 7 Control and Community Protection Act (720 ILCS 646/25), or
1322113221 8 the illegal possession of explosives and an emergency
1322213222 9 response officer in the performance of his or her duties
1322313223 10 is killed or injured at the scene of the offense while
1322413224 11 responding to the emergency caused by the commission of
1322513225 12 the offense. In this paragraph, "emergency" means a
1322613226 13 situation in which a person's life, health, or safety is
1322713227 14 in jeopardy; and "emergency response officer" means a
1322813228 15 peace officer, community policing volunteer, fireman,
1322913229 16 emergency medical technician-ambulance, emergency medical
1323013230 17 technician-intermediate, emergency medical
1323113231 18 technician-paramedic, ambulance driver, other medical
1323213232 19 assistance or first aid personnel, or hospital emergency
1323313233 20 room personnel.
1323413234 21 (8) When the defendant is convicted of attempted mob
1323513235 22 action, solicitation to commit mob action, or conspiracy
1323613236 23 to commit mob action under Section 8-1, 8-2, or 8-4 of the
1323713237 24 Criminal Code of 2012, where the criminal object is a
1323813238 25 violation of Section 25-1 of the Criminal Code of 2012,
1323913239 26 and an electronic communication is used in the commission
1324013240
1324113241
1324213242
1324313243
1324413244
1324513245 HB2922 - 370 - LRB103 27829 RLC 54207 b
1324613246
1324713247
1324813248 HB2922- 371 -LRB103 27829 RLC 54207 b HB2922 - 371 - LRB103 27829 RLC 54207 b
1324913249 HB2922 - 371 - LRB103 27829 RLC 54207 b
1325013250 1 of the offense. For the purposes of this paragraph (8),
1325113251 2 "electronic communication" shall have the meaning provided
1325213252 3 in Section 26.5-0.1 of the Criminal Code of 2012.
1325313253 4 (d) For the purposes of this Section, "organized gang" has
1325413254 5 the meaning ascribed to it in Section 10 of the Illinois
1325513255 6 Streetgang Terrorism Omnibus Prevention Act.
1325613256 7 (e) The court may impose an extended term sentence under
1325713257 8 Article 4.5 of Chapter V upon an offender who has been
1325813258 9 convicted of a felony violation of Section 11-1.20, 11-1.30,
1325913259 10 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
1326013260 11 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
1326113261 12 when the victim of the offense is under 18 years of age at the
1326213262 13 time of the commission of the offense and, during the
1326313263 14 commission of the offense, the victim was under the influence
1326413264 15 of alcohol, regardless of whether or not the alcohol was
1326513265 16 supplied by the offender; and the offender, at the time of the
1326613266 17 commission of the offense, knew or should have known that the
1326713267 18 victim had consumed alcohol.
1326813268 19 (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
1326913269 20 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
1327013270 21 8-20-21.)
1327113271 22 (Text of Section after amendment by P.A. 102-982)
1327213272 23 Sec. 5-5-3.2. Factors in aggravation and extended-term
1327313273 24 sentencing.
1327413274 25 (a) The following factors shall be accorded weight in
1327513275
1327613276
1327713277
1327813278
1327913279
1328013280 HB2922 - 371 - LRB103 27829 RLC 54207 b
1328113281
1328213282
1328313283 HB2922- 372 -LRB103 27829 RLC 54207 b HB2922 - 372 - LRB103 27829 RLC 54207 b
1328413284 HB2922 - 372 - LRB103 27829 RLC 54207 b
1328513285 1 favor of imposing a term of imprisonment or may be considered
1328613286 2 by the court as reasons to impose a more severe sentence under
1328713287 3 Section 5-8-1 or Article 4.5 of Chapter V:
1328813288 4 (1) the defendant's conduct caused or threatened
1328913289 5 serious harm;
1329013290 6 (2) the defendant received compensation for committing
1329113291 7 the offense;
1329213292 8 (3) the defendant has a history of prior delinquency
1329313293 9 or criminal activity;
1329413294 10 (4) the defendant, by the duties of his office or by
1329513295 11 his position, was obliged to prevent the particular
1329613296 12 offense committed or to bring the offenders committing it
1329713297 13 to justice;
1329813298 14 (5) the defendant held public office at the time of
1329913299 15 the offense, and the offense related to the conduct of
1330013300 16 that office;
1330113301 17 (6) the defendant utilized his professional reputation
1330213302 18 or position in the community to commit the offense, or to
1330313303 19 afford him an easier means of committing it;
1330413304 20 (7) the sentence is necessary to deter others from
1330513305 21 committing the same crime;
1330613306 22 (8) the defendant committed the offense against a
1330713307 23 person 60 years of age or older or such person's property;
1330813308 24 (9) the defendant committed the offense against a
1330913309 25 person who has a physical disability or such person's
1331013310 26 property;
1331113311
1331213312
1331313313
1331413314
1331513315
1331613316 HB2922 - 372 - LRB103 27829 RLC 54207 b
1331713317
1331813318
1331913319 HB2922- 373 -LRB103 27829 RLC 54207 b HB2922 - 373 - LRB103 27829 RLC 54207 b
1332013320 HB2922 - 373 - LRB103 27829 RLC 54207 b
1332113321 1 (10) by reason of another individual's actual or
1332213322 2 perceived race, color, creed, religion, ancestry, gender,
1332313323 3 sexual orientation, physical or mental disability, or
1332413324 4 national origin, the defendant committed the offense
1332513325 5 against (i) the person or property of that individual;
1332613326 6 (ii) the person or property of a person who has an
1332713327 7 association with, is married to, or has a friendship with
1332813328 8 the other individual; or (iii) the person or property of a
1332913329 9 relative (by blood or marriage) of a person described in
1333013330 10 clause (i) or (ii). For the purposes of this Section,
1333113331 11 "sexual orientation" has the meaning ascribed to it in
1333213332 12 paragraph (O-1) of Section 1-103 of the Illinois Human
1333313333 13 Rights Act;
1333413334 14 (11) the offense took place in a place of worship or on
1333513335 15 the grounds of a place of worship, immediately prior to,
1333613336 16 during or immediately following worship services. For
1333713337 17 purposes of this subparagraph, "place of worship" shall
1333813338 18 mean any church, synagogue or other building, structure or
1333913339 19 place used primarily for religious worship;
1334013340 20 (12) the defendant was convicted of a felony committed
1334113341 21 while he was on pretrial release or his own recognizance
1334213342 22 pending trial for a prior felony and was convicted of such
1334313343 23 prior felony, or the defendant was convicted of a felony
1334413344 24 committed while he was serving a period of probation,
1334513345 25 conditional discharge, or mandatory supervised release
1334613346 26 under subsection (d) of Section 5-8-1 for a prior felony;
1334713347
1334813348
1334913349
1335013350
1335113351
1335213352 HB2922 - 373 - LRB103 27829 RLC 54207 b
1335313353
1335413354
1335513355 HB2922- 374 -LRB103 27829 RLC 54207 b HB2922 - 374 - LRB103 27829 RLC 54207 b
1335613356 HB2922 - 374 - LRB103 27829 RLC 54207 b
1335713357 1 (13) the defendant committed or attempted to commit a
1335813358 2 felony while he was wearing a bulletproof vest. For the
1335913359 3 purposes of this paragraph (13), a bulletproof vest is any
1336013360 4 device which is designed for the purpose of protecting the
1336113361 5 wearer from bullets, shot or other lethal projectiles;
1336213362 6 (14) the defendant held a position of trust or
1336313363 7 supervision such as, but not limited to, family member as
1336413364 8 defined in Section 11-0.1 of the Criminal Code of 2012,
1336513365 9 teacher, scout leader, baby sitter, or day care worker, in
1336613366 10 relation to a victim under 18 years of age, and the
1336713367 11 defendant committed an offense in violation of Section
1336813368 12 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
1336913369 13 11-14.4 except for an offense that involves keeping a
1337013370 14 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
1337113371 15 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
1337213372 16 or 12-16 of the Criminal Code of 1961 or the Criminal Code
1337313373 17 of 2012 against that victim;
1337413374 18 (15) the defendant committed an offense related to the
1337513375 19 activities of an organized gang. For the purposes of this
1337613376 20 factor, "organized gang" has the meaning ascribed to it in
1337713377 21 Section 10 of the Streetgang Terrorism Omnibus Prevention
1337813378 22 Act;
1337913379 23 (16) the defendant committed an offense in violation
1338013380 24 of one of the following Sections while in a school,
1338113381 25 regardless of the time of day or time of year; on any
1338213382 26 conveyance owned, leased, or contracted by a school to
1338313383
1338413384
1338513385
1338613386
1338713387
1338813388 HB2922 - 374 - LRB103 27829 RLC 54207 b
1338913389
1339013390
1339113391 HB2922- 375 -LRB103 27829 RLC 54207 b HB2922 - 375 - LRB103 27829 RLC 54207 b
1339213392 HB2922 - 375 - LRB103 27829 RLC 54207 b
1339313393 1 transport students to or from school or a school related
1339413394 2 activity; on the real property of a school; or on a public
1339513395 3 way within 1,000 feet of the real property comprising any
1339613396 4 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
1339713397 5 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
1339813398 6 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
1339913399 7 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
1340013400 8 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
1340113401 9 for subdivision (a)(4) or (g)(1), of the Criminal Code of
1340213402 10 1961 or the Criminal Code of 2012;
1340313403 11 (16.5) the defendant committed an offense in violation
1340413404 12 of one of the following Sections while in a day care
1340513405 13 center, regardless of the time of day or time of year; on
1340613406 14 the real property of a day care center, regardless of the
1340713407 15 time of day or time of year; or on a public way within
1340813408 16 1,000 feet of the real property comprising any day care
1340913409 17 center, regardless of the time of day or time of year:
1341013410 18 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
1341113411 19 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
1341213412 20 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
1341313413 21 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
1341413414 22 18-2, or 33A-2, or Section 12-3.05 except for subdivision
1341513415 23 (a)(4) or (g)(1), of the Criminal Code of 1961 or the
1341613416 24 Criminal Code of 2012;
1341713417 25 (17) the defendant committed the offense by reason of
1341813418 26 any person's activity as a community policing volunteer or
1341913419
1342013420
1342113421
1342213422
1342313423
1342413424 HB2922 - 375 - LRB103 27829 RLC 54207 b
1342513425
1342613426
1342713427 HB2922- 376 -LRB103 27829 RLC 54207 b HB2922 - 376 - LRB103 27829 RLC 54207 b
1342813428 HB2922 - 376 - LRB103 27829 RLC 54207 b
1342913429 1 to prevent any person from engaging in activity as a
1343013430 2 community policing volunteer. For the purpose of this
1343113431 3 Section, "community policing volunteer" has the meaning
1343213432 4 ascribed to it in Section 2-3.5 of the Criminal Code of
1343313433 5 2012;
1343413434 6 (18) the defendant committed the offense in a nursing
1343513435 7 home or on the real property comprising a nursing home.
1343613436 8 For the purposes of this paragraph (18), "nursing home"
1343713437 9 means a skilled nursing or intermediate long term care
1343813438 10 facility that is subject to license by the Illinois
1343913439 11 Department of Public Health under the Nursing Home Care
1344013440 12 Act, the Specialized Mental Health Rehabilitation Act of
1344113441 13 2013, the ID/DD Community Care Act, or the MC/DD Act;
1344213442 14 (19) the defendant was a federally licensed firearm
1344313443 15 dealer and was previously convicted of a violation of
1344413444 16 subsection (a) of Section 3 of the Firearm Owners
1344513445 17 Identification Card Act before its repeal by this
1344613446 18 amendatory Act of the 103rd General Assembly and has now
1344713447 19 committed either a felony violation of the Firearm Owners
1344813448 20 Identification Card Act or an act of armed violence while
1344913449 21 armed with a firearm;
1345013450 22 (20) the defendant (i) committed the offense of
1345113451 23 reckless homicide under Section 9-3 of the Criminal Code
1345213452 24 of 1961 or the Criminal Code of 2012 or the offense of
1345313453 25 driving under the influence of alcohol, other drug or
1345413454 26 drugs, intoxicating compound or compounds or any
1345513455
1345613456
1345713457
1345813458
1345913459
1346013460 HB2922 - 376 - LRB103 27829 RLC 54207 b
1346113461
1346213462
1346313463 HB2922- 377 -LRB103 27829 RLC 54207 b HB2922 - 377 - LRB103 27829 RLC 54207 b
1346413464 HB2922 - 377 - LRB103 27829 RLC 54207 b
1346513465 1 combination thereof under Section 11-501 of the Illinois
1346613466 2 Vehicle Code or a similar provision of a local ordinance
1346713467 3 and (ii) was operating a motor vehicle in excess of 20
1346813468 4 miles per hour over the posted speed limit as provided in
1346913469 5 Article VI of Chapter 11 of the Illinois Vehicle Code;
1347013470 6 (21) the defendant (i) committed the offense of
1347113471 7 reckless driving or aggravated reckless driving under
1347213472 8 Section 11-503 of the Illinois Vehicle Code and (ii) was
1347313473 9 operating a motor vehicle in excess of 20 miles per hour
1347413474 10 over the posted speed limit as provided in Article VI of
1347513475 11 Chapter 11 of the Illinois Vehicle Code;
1347613476 12 (22) the defendant committed the offense against a
1347713477 13 person that the defendant knew, or reasonably should have
1347813478 14 known, was a member of the Armed Forces of the United
1347913479 15 States serving on active duty. For purposes of this clause
1348013480 16 (22), the term "Armed Forces" means any of the Armed
1348113481 17 Forces of the United States, including a member of any
1348213482 18 reserve component thereof or National Guard unit called to
1348313483 19 active duty;
1348413484 20 (23) the defendant committed the offense against a
1348513485 21 person who was elderly or infirm or who was a person with a
1348613486 22 disability by taking advantage of a family or fiduciary
1348713487 23 relationship with the elderly or infirm person or person
1348813488 24 with a disability;
1348913489 25 (24) the defendant committed any offense under Section
1349013490 26 11-20.1 of the Criminal Code of 1961 or the Criminal Code
1349113491
1349213492
1349313493
1349413494
1349513495
1349613496 HB2922 - 377 - LRB103 27829 RLC 54207 b
1349713497
1349813498
1349913499 HB2922- 378 -LRB103 27829 RLC 54207 b HB2922 - 378 - LRB103 27829 RLC 54207 b
1350013500 HB2922 - 378 - LRB103 27829 RLC 54207 b
1350113501 1 of 2012 and possessed 100 or more images;
1350213502 2 (25) the defendant committed the offense while the
1350313503 3 defendant or the victim was in a train, bus, or other
1350413504 4 vehicle used for public transportation;
1350513505 5 (26) the defendant committed the offense of child
1350613506 6 pornography or aggravated child pornography, specifically
1350713507 7 including paragraph (1), (2), (3), (4), (5), or (7) of
1350813508 8 subsection (a) of Section 11-20.1 of the Criminal Code of
1350913509 9 1961 or the Criminal Code of 2012 where a child engaged in,
1351013510 10 solicited for, depicted in, or posed in any act of sexual
1351113511 11 penetration or bound, fettered, or subject to sadistic,
1351213512 12 masochistic, or sadomasochistic abuse in a sexual context
1351313513 13 and specifically including paragraph (1), (2), (3), (4),
1351413514 14 (5), or (7) of subsection (a) of Section 11-20.1B or
1351513515 15 Section 11-20.3 of the Criminal Code of 1961 where a child
1351613516 16 engaged in, solicited for, depicted in, or posed in any
1351713517 17 act of sexual penetration or bound, fettered, or subject
1351813518 18 to sadistic, masochistic, or sadomasochistic abuse in a
1351913519 19 sexual context;
1352013520 20 (27) the defendant committed the offense of first
1352113521 21 degree murder, assault, aggravated assault, battery,
1352213522 22 aggravated battery, robbery, armed robbery, or aggravated
1352313523 23 robbery against a person who was a veteran and the
1352413524 24 defendant knew, or reasonably should have known, that the
1352513525 25 person was a veteran performing duties as a representative
1352613526 26 of a veterans' organization. For the purposes of this
1352713527
1352813528
1352913529
1353013530
1353113531
1353213532 HB2922 - 378 - LRB103 27829 RLC 54207 b
1353313533
1353413534
1353513535 HB2922- 379 -LRB103 27829 RLC 54207 b HB2922 - 379 - LRB103 27829 RLC 54207 b
1353613536 HB2922 - 379 - LRB103 27829 RLC 54207 b
1353713537 1 paragraph (27), "veteran" means an Illinois resident who
1353813538 2 has served as a member of the United States Armed Forces, a
1353913539 3 member of the Illinois National Guard, or a member of the
1354013540 4 United States Reserve Forces; and "veterans' organization"
1354113541 5 means an organization comprised of members of which
1354213542 6 substantially all are individuals who are veterans or
1354313543 7 spouses, widows, or widowers of veterans, the primary
1354413544 8 purpose of which is to promote the welfare of its members
1354513545 9 and to provide assistance to the general public in such a
1354613546 10 way as to confer a public benefit;
1354713547 11 (28) the defendant committed the offense of assault,
1354813548 12 aggravated assault, battery, aggravated battery, robbery,
1354913549 13 armed robbery, or aggravated robbery against a person that
1355013550 14 the defendant knew or reasonably should have known was a
1355113551 15 letter carrier or postal worker while that person was
1355213552 16 performing his or her duties delivering mail for the
1355313553 17 United States Postal Service;
1355413554 18 (29) the defendant committed the offense of criminal
1355513555 19 sexual assault, aggravated criminal sexual assault,
1355613556 20 criminal sexual abuse, or aggravated criminal sexual abuse
1355713557 21 against a victim with an intellectual disability, and the
1355813558 22 defendant holds a position of trust, authority, or
1355913559 23 supervision in relation to the victim;
1356013560 24 (30) the defendant committed the offense of promoting
1356113561 25 juvenile prostitution, patronizing a prostitute, or
1356213562 26 patronizing a minor engaged in prostitution and at the
1356313563
1356413564
1356513565
1356613566
1356713567
1356813568 HB2922 - 379 - LRB103 27829 RLC 54207 b
1356913569
1357013570
1357113571 HB2922- 380 -LRB103 27829 RLC 54207 b HB2922 - 380 - LRB103 27829 RLC 54207 b
1357213572 HB2922 - 380 - LRB103 27829 RLC 54207 b
1357313573 1 time of the commission of the offense knew that the
1357413574 2 prostitute or minor engaged in prostitution was in the
1357513575 3 custody or guardianship of the Department of Children and
1357613576 4 Family Services;
1357713577 5 (31) the defendant (i) committed the offense of
1357813578 6 driving while under the influence of alcohol, other drug
1357913579 7 or drugs, intoxicating compound or compounds or any
1358013580 8 combination thereof in violation of Section 11-501 of the
1358113581 9 Illinois Vehicle Code or a similar provision of a local
1358213582 10 ordinance and (ii) the defendant during the commission of
1358313583 11 the offense was driving his or her vehicle upon a roadway
1358413584 12 designated for one-way traffic in the opposite direction
1358513585 13 of the direction indicated by official traffic control
1358613586 14 devices;
1358713587 15 (32) the defendant committed the offense of reckless
1358813588 16 homicide while committing a violation of Section 11-907 of
1358913589 17 the Illinois Vehicle Code;
1359013590 18 (33) the defendant was found guilty of an
1359113591 19 administrative infraction related to an act or acts of
1359213592 20 public indecency or sexual misconduct in the penal
1359313593 21 institution. In this paragraph (33), "penal institution"
1359413594 22 has the same meaning as in Section 2-14 of the Criminal
1359513595 23 Code of 2012; or
1359613596 24 (34) the defendant committed the offense of leaving
1359713597 25 the scene of a crash in violation of subsection (b) of
1359813598 26 Section 11-401 of the Illinois Vehicle Code and the crash
1359913599
1360013600
1360113601
1360213602
1360313603
1360413604 HB2922 - 380 - LRB103 27829 RLC 54207 b
1360513605
1360613606
1360713607 HB2922- 381 -LRB103 27829 RLC 54207 b HB2922 - 381 - LRB103 27829 RLC 54207 b
1360813608 HB2922 - 381 - LRB103 27829 RLC 54207 b
1360913609 1 resulted in the death of a person and at the time of the
1361013610 2 offense, the defendant was: (i) driving under the
1361113611 3 influence of alcohol, other drug or drugs, intoxicating
1361213612 4 compound or compounds or any combination thereof as
1361313613 5 defined by Section 11-501 of the Illinois Vehicle Code; or
1361413614 6 (ii) operating the motor vehicle while using an electronic
1361513615 7 communication device as defined in Section 12-610.2 of the
1361613616 8 Illinois Vehicle Code.
1361713617 9 For the purposes of this Section:
1361813618 10 "School" is defined as a public or private elementary or
1361913619 11 secondary school, community college, college, or university.
1362013620 12 "Day care center" means a public or private State
1362113621 13 certified and licensed day care center as defined in Section
1362213622 14 2.09 of the Child Care Act of 1969 that displays a sign in
1362313623 15 plain view stating that the property is a day care center.
1362413624 16 "Intellectual disability" means significantly subaverage
1362513625 17 intellectual functioning which exists concurrently with
1362613626 18 impairment in adaptive behavior.
1362713627 19 "Public transportation" means the transportation or
1362813628 20 conveyance of persons by means available to the general
1362913629 21 public, and includes paratransit services.
1363013630 22 "Traffic control devices" means all signs, signals,
1363113631 23 markings, and devices that conform to the Illinois Manual on
1363213632 24 Uniform Traffic Control Devices, placed or erected by
1363313633 25 authority of a public body or official having jurisdiction,
1363413634 26 for the purpose of regulating, warning, or guiding traffic.
1363513635
1363613636
1363713637
1363813638
1363913639
1364013640 HB2922 - 381 - LRB103 27829 RLC 54207 b
1364113641
1364213642
1364313643 HB2922- 382 -LRB103 27829 RLC 54207 b HB2922 - 382 - LRB103 27829 RLC 54207 b
1364413644 HB2922 - 382 - LRB103 27829 RLC 54207 b
1364513645 1 (b) The following factors, related to all felonies, may be
1364613646 2 considered by the court as reasons to impose an extended term
1364713647 3 sentence under Section 5-8-2 upon any offender:
1364813648 4 (1) When a defendant is convicted of any felony, after
1364913649 5 having been previously convicted in Illinois or any other
1365013650 6 jurisdiction of the same or similar class felony or
1365113651 7 greater class felony, when such conviction has occurred
1365213652 8 within 10 years after the previous conviction, excluding
1365313653 9 time spent in custody, and such charges are separately
1365413654 10 brought and tried and arise out of different series of
1365513655 11 acts; or
1365613656 12 (2) When a defendant is convicted of any felony and
1365713657 13 the court finds that the offense was accompanied by
1365813658 14 exceptionally brutal or heinous behavior indicative of
1365913659 15 wanton cruelty; or
1366013660 16 (3) When a defendant is convicted of any felony
1366113661 17 committed against:
1366213662 18 (i) a person under 12 years of age at the time of
1366313663 19 the offense or such person's property;
1366413664 20 (ii) a person 60 years of age or older at the time
1366513665 21 of the offense or such person's property; or
1366613666 22 (iii) a person who had a physical disability at
1366713667 23 the time of the offense or such person's property; or
1366813668 24 (4) When a defendant is convicted of any felony and
1366913669 25 the offense involved any of the following types of
1367013670 26 specific misconduct committed as part of a ceremony, rite,
1367113671
1367213672
1367313673
1367413674
1367513675
1367613676 HB2922 - 382 - LRB103 27829 RLC 54207 b
1367713677
1367813678
1367913679 HB2922- 383 -LRB103 27829 RLC 54207 b HB2922 - 383 - LRB103 27829 RLC 54207 b
1368013680 HB2922 - 383 - LRB103 27829 RLC 54207 b
1368113681 1 initiation, observance, performance, practice or activity
1368213682 2 of any actual or ostensible religious, fraternal, or
1368313683 3 social group:
1368413684 4 (i) the brutalizing or torturing of humans or
1368513685 5 animals;
1368613686 6 (ii) the theft of human corpses;
1368713687 7 (iii) the kidnapping of humans;
1368813688 8 (iv) the desecration of any cemetery, religious,
1368913689 9 fraternal, business, governmental, educational, or
1369013690 10 other building or property; or
1369113691 11 (v) ritualized abuse of a child; or
1369213692 12 (5) When a defendant is convicted of a felony other
1369313693 13 than conspiracy and the court finds that the felony was
1369413694 14 committed under an agreement with 2 or more other persons
1369513695 15 to commit that offense and the defendant, with respect to
1369613696 16 the other individuals, occupied a position of organizer,
1369713697 17 supervisor, financier, or any other position of management
1369813698 18 or leadership, and the court further finds that the felony
1369913699 19 committed was related to or in furtherance of the criminal
1370013700 20 activities of an organized gang or was motivated by the
1370113701 21 defendant's leadership in an organized gang; or
1370213702 22 (6) When a defendant is convicted of an offense
1370313703 23 committed while using a firearm with a laser sight
1370413704 24 attached to it. For purposes of this paragraph, "laser
1370513705 25 sight" has the meaning ascribed to it in Section 26-7 of
1370613706 26 the Criminal Code of 2012; or
1370713707
1370813708
1370913709
1371013710
1371113711
1371213712 HB2922 - 383 - LRB103 27829 RLC 54207 b
1371313713
1371413714
1371513715 HB2922- 384 -LRB103 27829 RLC 54207 b HB2922 - 384 - LRB103 27829 RLC 54207 b
1371613716 HB2922 - 384 - LRB103 27829 RLC 54207 b
1371713717 1 (7) When a defendant who was at least 17 years of age
1371813718 2 at the time of the commission of the offense is convicted
1371913719 3 of a felony and has been previously adjudicated a
1372013720 4 delinquent minor under the Juvenile Court Act of 1987 for
1372113721 5 an act that if committed by an adult would be a Class X or
1372213722 6 Class 1 felony when the conviction has occurred within 10
1372313723 7 years after the previous adjudication, excluding time
1372413724 8 spent in custody; or
1372513725 9 (8) When a defendant commits any felony and the
1372613726 10 defendant used, possessed, exercised control over, or
1372713727 11 otherwise directed an animal to assault a law enforcement
1372813728 12 officer engaged in the execution of his or her official
1372913729 13 duties or in furtherance of the criminal activities of an
1373013730 14 organized gang in which the defendant is engaged; or
1373113731 15 (9) When a defendant commits any felony and the
1373213732 16 defendant knowingly video or audio records the offense
1373313733 17 with the intent to disseminate the recording.
1373413734 18 (c) The following factors may be considered by the court
1373513735 19 as reasons to impose an extended term sentence under Section
1373613736 20 5-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
1373713737 21 offenses:
1373813738 22 (1) When a defendant is convicted of first degree
1373913739 23 murder, after having been previously convicted in Illinois
1374013740 24 of any offense listed under paragraph (c)(2) of Section
1374113741 25 5-5-3 (730 ILCS 5/5-5-3), when that conviction has
1374213742 26 occurred within 10 years after the previous conviction,
1374313743
1374413744
1374513745
1374613746
1374713747
1374813748 HB2922 - 384 - LRB103 27829 RLC 54207 b
1374913749
1375013750
1375113751 HB2922- 385 -LRB103 27829 RLC 54207 b HB2922 - 385 - LRB103 27829 RLC 54207 b
1375213752 HB2922 - 385 - LRB103 27829 RLC 54207 b
1375313753 1 excluding time spent in custody, and the charges are
1375413754 2 separately brought and tried and arise out of different
1375513755 3 series of acts.
1375613756 4 (1.5) When a defendant is convicted of first degree
1375713757 5 murder, after having been previously convicted of domestic
1375813758 6 battery (720 ILCS 5/12-3.2) or aggravated domestic battery
1375913759 7 (720 ILCS 5/12-3.3) committed on the same victim or after
1376013760 8 having been previously convicted of violation of an order
1376113761 9 of protection (720 ILCS 5/12-30) in which the same victim
1376213762 10 was the protected person.
1376313763 11 (2) When a defendant is convicted of voluntary
1376413764 12 manslaughter, second degree murder, involuntary
1376513765 13 manslaughter, or reckless homicide in which the defendant
1376613766 14 has been convicted of causing the death of more than one
1376713767 15 individual.
1376813768 16 (3) When a defendant is convicted of aggravated
1376913769 17 criminal sexual assault or criminal sexual assault, when
1377013770 18 there is a finding that aggravated criminal sexual assault
1377113771 19 or criminal sexual assault was also committed on the same
1377213772 20 victim by one or more other individuals, and the defendant
1377313773 21 voluntarily participated in the crime with the knowledge
1377413774 22 of the participation of the others in the crime, and the
1377513775 23 commission of the crime was part of a single course of
1377613776 24 conduct during which there was no substantial change in
1377713777 25 the nature of the criminal objective.
1377813778 26 (4) If the victim was under 18 years of age at the time
1377913779
1378013780
1378113781
1378213782
1378313783
1378413784 HB2922 - 385 - LRB103 27829 RLC 54207 b
1378513785
1378613786
1378713787 HB2922- 386 -LRB103 27829 RLC 54207 b HB2922 - 386 - LRB103 27829 RLC 54207 b
1378813788 HB2922 - 386 - LRB103 27829 RLC 54207 b
1378913789 1 of the commission of the offense, when a defendant is
1379013790 2 convicted of aggravated criminal sexual assault or
1379113791 3 predatory criminal sexual assault of a child under
1379213792 4 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
1379313793 5 of Section 12-14.1 of the Criminal Code of 1961 or the
1379413794 6 Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
1379513795 7 (5) When a defendant is convicted of a felony
1379613796 8 violation of Section 24-1 of the Criminal Code of 1961 or
1379713797 9 the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
1379813798 10 finding that the defendant is a member of an organized
1379913799 11 gang.
1380013800 12 (6) When a defendant was convicted of unlawful use of
1380113801 13 weapons under Section 24-1 of the Criminal Code of 1961 or
1380213802 14 the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
1380313803 15 a weapon that is not readily distinguishable as one of the
1380413804 16 weapons enumerated in Section 24-1 of the Criminal Code of
1380513805 17 1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
1380613806 18 (7) When a defendant is convicted of an offense
1380713807 19 involving the illegal manufacture of a controlled
1380813808 20 substance under Section 401 of the Illinois Controlled
1380913809 21 Substances Act (720 ILCS 570/401), the illegal manufacture
1381013810 22 of methamphetamine under Section 25 of the Methamphetamine
1381113811 23 Control and Community Protection Act (720 ILCS 646/25), or
1381213812 24 the illegal possession of explosives and an emergency
1381313813 25 response officer in the performance of his or her duties
1381413814 26 is killed or injured at the scene of the offense while
1381513815
1381613816
1381713817
1381813818
1381913819
1382013820 HB2922 - 386 - LRB103 27829 RLC 54207 b
1382113821
1382213822
1382313823 HB2922- 387 -LRB103 27829 RLC 54207 b HB2922 - 387 - LRB103 27829 RLC 54207 b
1382413824 HB2922 - 387 - LRB103 27829 RLC 54207 b
1382513825 1 responding to the emergency caused by the commission of
1382613826 2 the offense. In this paragraph, "emergency" means a
1382713827 3 situation in which a person's life, health, or safety is
1382813828 4 in jeopardy; and "emergency response officer" means a
1382913829 5 peace officer, community policing volunteer, fireman,
1383013830 6 emergency medical technician-ambulance, emergency medical
1383113831 7 technician-intermediate, emergency medical
1383213832 8 technician-paramedic, ambulance driver, other medical
1383313833 9 assistance or first aid personnel, or hospital emergency
1383413834 10 room personnel.
1383513835 11 (8) When the defendant is convicted of attempted mob
1383613836 12 action, solicitation to commit mob action, or conspiracy
1383713837 13 to commit mob action under Section 8-1, 8-2, or 8-4 of the
1383813838 14 Criminal Code of 2012, where the criminal object is a
1383913839 15 violation of Section 25-1 of the Criminal Code of 2012,
1384013840 16 and an electronic communication is used in the commission
1384113841 17 of the offense. For the purposes of this paragraph (8),
1384213842 18 "electronic communication" shall have the meaning provided
1384313843 19 in Section 26.5-0.1 of the Criminal Code of 2012.
1384413844 20 (d) For the purposes of this Section, "organized gang" has
1384513845 21 the meaning ascribed to it in Section 10 of the Illinois
1384613846 22 Streetgang Terrorism Omnibus Prevention Act.
1384713847 23 (e) The court may impose an extended term sentence under
1384813848 24 Article 4.5 of Chapter V upon an offender who has been
1384913849 25 convicted of a felony violation of Section 11-1.20, 11-1.30,
1385013850 26 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
1385113851
1385213852
1385313853
1385413854
1385513855
1385613856 HB2922 - 387 - LRB103 27829 RLC 54207 b
1385713857
1385813858
1385913859 HB2922- 388 -LRB103 27829 RLC 54207 b HB2922 - 388 - LRB103 27829 RLC 54207 b
1386013860 HB2922 - 388 - LRB103 27829 RLC 54207 b
1386113861 1 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012
1386213862 2 when the victim of the offense is under 18 years of age at the
1386313863 3 time of the commission of the offense and, during the
1386413864 4 commission of the offense, the victim was under the influence
1386513865 5 of alcohol, regardless of whether or not the alcohol was
1386613866 6 supplied by the offender; and the offender, at the time of the
1386713867 7 commission of the offense, knew or should have known that the
1386813868 8 victim had consumed alcohol.
1386913869 9 (Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
1387013870 10 101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
1387113871 11 8-20-21; 102-982, eff. 7-1-23.)
1387213872 12 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)
1387313873 13 Sec. 5-6-3. Conditions of probation and of conditional
1387413874 14 discharge.
1387513875 15 (a) The conditions of probation and of conditional
1387613876 16 discharge shall be that the person:
1387713877 17 (1) not violate any criminal statute of any
1387813878 18 jurisdiction;
1387913879 19 (2) report to or appear in person before such person
1388013880 20 or agency as directed by the court;
1388113881 21 (3) refrain from possessing a firearm or other
1388213882 22 dangerous weapon where the offense is a felony or, if a
1388313883 23 misdemeanor, the offense involved the intentional or
1388413884 24 knowing infliction of bodily harm or threat of bodily
1388513885 25 harm;
1388613886
1388713887
1388813888
1388913889
1389013890
1389113891 HB2922 - 388 - LRB103 27829 RLC 54207 b
1389213892
1389313893
1389413894 HB2922- 389 -LRB103 27829 RLC 54207 b HB2922 - 389 - LRB103 27829 RLC 54207 b
1389513895 HB2922 - 389 - LRB103 27829 RLC 54207 b
1389613896 1 (4) not leave the State without the consent of the
1389713897 2 court or, in circumstances in which the reason for the
1389813898 3 absence is of such an emergency nature that prior consent
1389913899 4 by the court is not possible, without the prior
1390013900 5 notification and approval of the person's probation
1390113901 6 officer. Transfer of a person's probation or conditional
1390213902 7 discharge supervision to another state is subject to
1390313903 8 acceptance by the other state pursuant to the Interstate
1390413904 9 Compact for Adult Offender Supervision;
1390513905 10 (5) permit the probation officer to visit him at his
1390613906 11 home or elsewhere to the extent necessary to discharge his
1390713907 12 duties;
1390813908 13 (6) perform no less than 30 hours of community service
1390913909 14 and not more than 120 hours of community service, if
1391013910 15 community service is available in the jurisdiction and is
1391113911 16 funded and approved by the county board where the offense
1391213912 17 was committed, where the offense was related to or in
1391313913 18 furtherance of the criminal activities of an organized
1391413914 19 gang and was motivated by the offender's membership in or
1391513915 20 allegiance to an organized gang. The community service
1391613916 21 shall include, but not be limited to, the cleanup and
1391713917 22 repair of any damage caused by a violation of Section
1391813918 23 21-1.3 of the Criminal Code of 1961 or the Criminal Code of
1391913919 24 2012 and similar damage to property located within the
1392013920 25 municipality or county in which the violation occurred.
1392113921 26 When possible and reasonable, the community service should
1392213922
1392313923
1392413924
1392513925
1392613926
1392713927 HB2922 - 389 - LRB103 27829 RLC 54207 b
1392813928
1392913929
1393013930 HB2922- 390 -LRB103 27829 RLC 54207 b HB2922 - 390 - LRB103 27829 RLC 54207 b
1393113931 HB2922 - 390 - LRB103 27829 RLC 54207 b
1393213932 1 be performed in the offender's neighborhood. For purposes
1393313933 2 of this Section, "organized gang" has the meaning ascribed
1393413934 3 to it in Section 10 of the Illinois Streetgang Terrorism
1393513935 4 Omnibus Prevention Act. The court may give credit toward
1393613936 5 the fulfillment of community service hours for
1393713937 6 participation in activities and treatment as determined by
1393813938 7 court services;
1393913939 8 (7) if he or she is at least 17 years of age and has
1394013940 9 been sentenced to probation or conditional discharge for a
1394113941 10 misdemeanor or felony in a county of 3,000,000 or more
1394213942 11 inhabitants and has not been previously convicted of a
1394313943 12 misdemeanor or felony, may be required by the sentencing
1394413944 13 court to attend educational courses designed to prepare
1394513945 14 the defendant for a high school diploma and to work toward
1394613946 15 a high school diploma or to work toward passing high
1394713947 16 school equivalency testing or to work toward completing a
1394813948 17 vocational training program approved by the court. The
1394913949 18 person on probation or conditional discharge must attend a
1395013950 19 public institution of education to obtain the educational
1395113951 20 or vocational training required by this paragraph (7). The
1395213952 21 court shall revoke the probation or conditional discharge
1395313953 22 of a person who willfully fails to comply with this
1395413954 23 paragraph (7). The person on probation or conditional
1395513955 24 discharge shall be required to pay for the cost of the
1395613956 25 educational courses or high school equivalency testing if
1395713957 26 a fee is charged for those courses or testing. The court
1395813958
1395913959
1396013960
1396113961
1396213962
1396313963 HB2922 - 390 - LRB103 27829 RLC 54207 b
1396413964
1396513965
1396613966 HB2922- 391 -LRB103 27829 RLC 54207 b HB2922 - 391 - LRB103 27829 RLC 54207 b
1396713967 HB2922 - 391 - LRB103 27829 RLC 54207 b
1396813968 1 shall resentence the offender whose probation or
1396913969 2 conditional discharge has been revoked as provided in
1397013970 3 Section 5-6-4. This paragraph (7) does not apply to a
1397113971 4 person who has a high school diploma or has successfully
1397213972 5 passed high school equivalency testing. This paragraph (7)
1397313973 6 does not apply to a person who is determined by the court
1397413974 7 to be a person with a developmental disability or
1397513975 8 otherwise mentally incapable of completing the educational
1397613976 9 or vocational program;
1397713977 10 (8) if convicted of possession of a substance
1397813978 11 prohibited by the Cannabis Control Act, the Illinois
1397913979 12 Controlled Substances Act, or the Methamphetamine Control
1398013980 13 and Community Protection Act after a previous conviction
1398113981 14 or disposition of supervision for possession of a
1398213982 15 substance prohibited by the Cannabis Control Act or
1398313983 16 Illinois Controlled Substances Act or after a sentence of
1398413984 17 probation under Section 10 of the Cannabis Control Act,
1398513985 18 Section 410 of the Illinois Controlled Substances Act, or
1398613986 19 Section 70 of the Methamphetamine Control and Community
1398713987 20 Protection Act and upon a finding by the court that the
1398813988 21 person is addicted, undergo treatment at a substance abuse
1398913989 22 program approved by the court;
1399013990 23 (8.5) if convicted of a felony sex offense as defined
1399113991 24 in the Sex Offender Management Board Act, the person shall
1399213992 25 undergo and successfully complete sex offender treatment
1399313993 26 by a treatment provider approved by the Board and
1399413994
1399513995
1399613996
1399713997
1399813998
1399913999 HB2922 - 391 - LRB103 27829 RLC 54207 b
1400014000
1400114001
1400214002 HB2922- 392 -LRB103 27829 RLC 54207 b HB2922 - 392 - LRB103 27829 RLC 54207 b
1400314003 HB2922 - 392 - LRB103 27829 RLC 54207 b
1400414004 1 conducted in conformance with the standards developed
1400514005 2 under the Sex Offender Management Board Act;
1400614006 3 (8.6) if convicted of a sex offense as defined in the
1400714007 4 Sex Offender Management Board Act, refrain from residing
1400814008 5 at the same address or in the same condominium unit or
1400914009 6 apartment unit or in the same condominium complex or
1401014010 7 apartment complex with another person he or she knows or
1401114011 8 reasonably should know is a convicted sex offender or has
1401214012 9 been placed on supervision for a sex offense; the
1401314013 10 provisions of this paragraph do not apply to a person
1401414014 11 convicted of a sex offense who is placed in a Department of
1401514015 12 Corrections licensed transitional housing facility for sex
1401614016 13 offenders;
1401714017 14 (8.7) if convicted for an offense committed on or
1401814018 15 after June 1, 2008 (the effective date of Public Act
1401914019 16 95-464) that would qualify the accused as a child sex
1402014020 17 offender as defined in Section 11-9.3 or 11-9.4 of the
1402114021 18 Criminal Code of 1961 or the Criminal Code of 2012,
1402214022 19 refrain from communicating with or contacting, by means of
1402314023 20 the Internet, a person who is not related to the accused
1402414024 21 and whom the accused reasonably believes to be under 18
1402514025 22 years of age; for purposes of this paragraph (8.7),
1402614026 23 "Internet" has the meaning ascribed to it in Section
1402714027 24 16-0.1 of the Criminal Code of 2012; and a person is not
1402814028 25 related to the accused if the person is not: (i) the
1402914029 26 spouse, brother, or sister of the accused; (ii) a
1403014030
1403114031
1403214032
1403314033
1403414034
1403514035 HB2922 - 392 - LRB103 27829 RLC 54207 b
1403614036
1403714037
1403814038 HB2922- 393 -LRB103 27829 RLC 54207 b HB2922 - 393 - LRB103 27829 RLC 54207 b
1403914039 HB2922 - 393 - LRB103 27829 RLC 54207 b
1404014040 1 descendant of the accused; (iii) a first or second cousin
1404114041 2 of the accused; or (iv) a step-child or adopted child of
1404214042 3 the accused;
1404314043 4 (8.8) if convicted for an offense under Section 11-6,
1404414044 5 11-9.1, 11-14.4 that involves soliciting for a juvenile
1404514045 6 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
1404614046 7 of the Criminal Code of 1961 or the Criminal Code of 2012,
1404714047 8 or any attempt to commit any of these offenses, committed
1404814048 9 on or after June 1, 2009 (the effective date of Public Act
1404914049 10 95-983):
1405014050 11 (i) not access or use a computer or any other
1405114051 12 device with Internet capability without the prior
1405214052 13 written approval of the offender's probation officer,
1405314053 14 except in connection with the offender's employment or
1405414054 15 search for employment with the prior approval of the
1405514055 16 offender's probation officer;
1405614056 17 (ii) submit to periodic unannounced examinations
1405714057 18 of the offender's computer or any other device with
1405814058 19 Internet capability by the offender's probation
1405914059 20 officer, a law enforcement officer, or assigned
1406014060 21 computer or information technology specialist,
1406114061 22 including the retrieval and copying of all data from
1406214062 23 the computer or device and any internal or external
1406314063 24 peripherals and removal of such information,
1406414064 25 equipment, or device to conduct a more thorough
1406514065 26 inspection;
1406614066
1406714067
1406814068
1406914069
1407014070
1407114071 HB2922 - 393 - LRB103 27829 RLC 54207 b
1407214072
1407314073
1407414074 HB2922- 394 -LRB103 27829 RLC 54207 b HB2922 - 394 - LRB103 27829 RLC 54207 b
1407514075 HB2922 - 394 - LRB103 27829 RLC 54207 b
1407614076 1 (iii) submit to the installation on the offender's
1407714077 2 computer or device with Internet capability, at the
1407814078 3 offender's expense, of one or more hardware or
1407914079 4 software systems to monitor the Internet use; and
1408014080 5 (iv) submit to any other appropriate restrictions
1408114081 6 concerning the offender's use of or access to a
1408214082 7 computer or any other device with Internet capability
1408314083 8 imposed by the offender's probation officer;
1408414084 9 (8.9) if convicted of a sex offense as defined in the
1408514085 10 Sex Offender Registration Act committed on or after
1408614086 11 January 1, 2010 (the effective date of Public Act 96-262),
1408714087 12 refrain from accessing or using a social networking
1408814088 13 website as defined in Section 17-0.5 of the Criminal Code
1408914089 14 of 2012;
1409014090 15 (9) if convicted of a felony or of any misdemeanor
1409114091 16 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
1409214092 17 12-3.5 of the Criminal Code of 1961 or the Criminal Code of
1409314093 18 2012 that was determined, pursuant to Section 112A-11.1 of
1409414094 19 the Code of Criminal Procedure of 1963, to trigger the
1409514095 20 prohibitions of 18 U.S.C. 922(g)(9), physically surrender
1409614096 21 at a time and place designated by the court, his or her
1409714097 22 Firearm Owner's Identification Card and any and all
1409814098 23 firearms in his or her possession. The Court shall return
1409914099 24 to the Illinois State Police Firearm Owner's
1410014100 25 Identification Card Office the person's Firearm Owner's
1410114101 26 Identification Card;
1410214102
1410314103
1410414104
1410514105
1410614106
1410714107 HB2922 - 394 - LRB103 27829 RLC 54207 b
1410814108
1410914109
1411014110 HB2922- 395 -LRB103 27829 RLC 54207 b HB2922 - 395 - LRB103 27829 RLC 54207 b
1411114111 HB2922 - 395 - LRB103 27829 RLC 54207 b
1411214112 1 (10) if convicted of a sex offense as defined in
1411314113 2 subsection (a-5) of Section 3-1-2 of this Code, unless the
1411414114 3 offender is a parent or guardian of the person under 18
1411514115 4 years of age present in the home and no non-familial
1411614116 5 minors are present, not participate in a holiday event
1411714117 6 involving children under 18 years of age, such as
1411814118 7 distributing candy or other items to children on
1411914119 8 Halloween, wearing a Santa Claus costume on or preceding
1412014120 9 Christmas, being employed as a department store Santa
1412114121 10 Claus, or wearing an Easter Bunny costume on or preceding
1412214122 11 Easter;
1412314123 12 (11) if convicted of a sex offense as defined in
1412414124 13 Section 2 of the Sex Offender Registration Act committed
1412514125 14 on or after January 1, 2010 (the effective date of Public
1412614126 15 Act 96-362) that requires the person to register as a sex
1412714127 16 offender under that Act, may not knowingly use any
1412814128 17 computer scrub software on any computer that the sex
1412914129 18 offender uses;
1413014130 19 (12) if convicted of a violation of the
1413114131 20 Methamphetamine Control and Community Protection Act, the
1413214132 21 Methamphetamine Precursor Control Act, or a
1413314133 22 methamphetamine related offense:
1413414134 23 (A) prohibited from purchasing, possessing, or
1413514135 24 having under his or her control any product containing
1413614136 25 pseudoephedrine unless prescribed by a physician; and
1413714137 26 (B) prohibited from purchasing, possessing, or
1413814138
1413914139
1414014140
1414114141
1414214142
1414314143 HB2922 - 395 - LRB103 27829 RLC 54207 b
1414414144
1414514145
1414614146 HB2922- 396 -LRB103 27829 RLC 54207 b HB2922 - 396 - LRB103 27829 RLC 54207 b
1414714147 HB2922 - 396 - LRB103 27829 RLC 54207 b
1414814148 1 having under his or her control any product containing
1414914149 2 ammonium nitrate; and
1415014150 3 (13) if convicted of a hate crime involving the
1415114151 4 protected class identified in subsection (a) of Section
1415214152 5 12-7.1 of the Criminal Code of 2012 that gave rise to the
1415314153 6 offense the offender committed, perform public or
1415414154 7 community service of no less than 200 hours and enroll in
1415514155 8 an educational program discouraging hate crimes that
1415614156 9 includes racial, ethnic, and cultural sensitivity training
1415714157 10 ordered by the court.
1415814158 11 (b) The Court may in addition to other reasonable
1415914159 12 conditions relating to the nature of the offense or the
1416014160 13 rehabilitation of the defendant as determined for each
1416114161 14 defendant in the proper discretion of the Court require that
1416214162 15 the person:
1416314163 16 (1) serve a term of periodic imprisonment under
1416414164 17 Article 7 for a period not to exceed that specified in
1416514165 18 paragraph (d) of Section 5-7-1;
1416614166 19 (2) pay a fine and costs;
1416714167 20 (3) work or pursue a course of study or vocational
1416814168 21 training;
1416914169 22 (4) undergo medical, psychological or psychiatric
1417014170 23 treatment; or treatment for drug addiction or alcoholism;
1417114171 24 (5) attend or reside in a facility established for the
1417214172 25 instruction or residence of defendants on probation;
1417314173 26 (6) support his dependents;
1417414174
1417514175
1417614176
1417714177
1417814178
1417914179 HB2922 - 396 - LRB103 27829 RLC 54207 b
1418014180
1418114181
1418214182 HB2922- 397 -LRB103 27829 RLC 54207 b HB2922 - 397 - LRB103 27829 RLC 54207 b
1418314183 HB2922 - 397 - LRB103 27829 RLC 54207 b
1418414184 1 (7) and in addition, if a minor:
1418514185 2 (i) reside with his parents or in a foster home;
1418614186 3 (ii) attend school;
1418714187 4 (iii) attend a non-residential program for youth;
1418814188 5 (iv) contribute to his own support at home or in a
1418914189 6 foster home;
1419014190 7 (v) with the consent of the superintendent of the
1419114191 8 facility, attend an educational program at a facility
1419214192 9 other than the school in which the offense was
1419314193 10 committed if he or she is convicted of a crime of
1419414194 11 violence as defined in Section 2 of the Crime Victims
1419514195 12 Compensation Act committed in a school, on the real
1419614196 13 property comprising a school, or within 1,000 feet of
1419714197 14 the real property comprising a school;
1419814198 15 (8) make restitution as provided in Section 5-5-6 of
1419914199 16 this Code;
1420014200 17 (9) perform some reasonable public or community
1420114201 18 service;
1420214202 19 (10) serve a term of home confinement. In addition to
1420314203 20 any other applicable condition of probation or conditional
1420414204 21 discharge, the conditions of home confinement shall be
1420514205 22 that the offender:
1420614206 23 (i) remain within the interior premises of the
1420714207 24 place designated for his confinement during the hours
1420814208 25 designated by the court;
1420914209 26 (ii) admit any person or agent designated by the
1421014210
1421114211
1421214212
1421314213
1421414214
1421514215 HB2922 - 397 - LRB103 27829 RLC 54207 b
1421614216
1421714217
1421814218 HB2922- 398 -LRB103 27829 RLC 54207 b HB2922 - 398 - LRB103 27829 RLC 54207 b
1421914219 HB2922 - 398 - LRB103 27829 RLC 54207 b
1422014220 1 court into the offender's place of confinement at any
1422114221 2 time for purposes of verifying the offender's
1422214222 3 compliance with the conditions of his confinement; and
1422314223 4 (iii) if further deemed necessary by the court or
1422414224 5 the Probation or Court Services Department, be placed
1422514225 6 on an approved electronic monitoring device, subject
1422614226 7 to Article 8A of Chapter V;
1422714227 8 (iv) for persons convicted of any alcohol,
1422814228 9 cannabis or controlled substance violation who are
1422914229 10 placed on an approved monitoring device as a condition
1423014230 11 of probation or conditional discharge, the court shall
1423114231 12 impose a reasonable fee for each day of the use of the
1423214232 13 device, as established by the county board in
1423314233 14 subsection (g) of this Section, unless after
1423414234 15 determining the inability of the offender to pay the
1423514235 16 fee, the court assesses a lesser fee or no fee as the
1423614236 17 case may be. This fee shall be imposed in addition to
1423714237 18 the fees imposed under subsections (g) and (i) of this
1423814238 19 Section. The fee shall be collected by the clerk of the
1423914239 20 circuit court, except as provided in an administrative
1424014240 21 order of the Chief Judge of the circuit court. The
1424114241 22 clerk of the circuit court shall pay all monies
1424214242 23 collected from this fee to the county treasurer for
1424314243 24 deposit in the substance abuse services fund under
1424414244 25 Section 5-1086.1 of the Counties Code, except as
1424514245 26 provided in an administrative order of the Chief Judge
1424614246
1424714247
1424814248
1424914249
1425014250
1425114251 HB2922 - 398 - LRB103 27829 RLC 54207 b
1425214252
1425314253
1425414254 HB2922- 399 -LRB103 27829 RLC 54207 b HB2922 - 399 - LRB103 27829 RLC 54207 b
1425514255 HB2922 - 399 - LRB103 27829 RLC 54207 b
1425614256 1 of the circuit court.
1425714257 2 The Chief Judge of the circuit court of the county
1425814258 3 may by administrative order establish a program for
1425914259 4 electronic monitoring of offenders, in which a vendor
1426014260 5 supplies and monitors the operation of the electronic
1426114261 6 monitoring device, and collects the fees on behalf of
1426214262 7 the county. The program shall include provisions for
1426314263 8 indigent offenders and the collection of unpaid fees.
1426414264 9 The program shall not unduly burden the offender and
1426514265 10 shall be subject to review by the Chief Judge.
1426614266 11 The Chief Judge of the circuit court may suspend
1426714267 12 any additional charges or fees for late payment,
1426814268 13 interest, or damage to any device; and
1426914269 14 (v) for persons convicted of offenses other than
1427014270 15 those referenced in clause (iv) above and who are
1427114271 16 placed on an approved monitoring device as a condition
1427214272 17 of probation or conditional discharge, the court shall
1427314273 18 impose a reasonable fee for each day of the use of the
1427414274 19 device, as established by the county board in
1427514275 20 subsection (g) of this Section, unless after
1427614276 21 determining the inability of the defendant to pay the
1427714277 22 fee, the court assesses a lesser fee or no fee as the
1427814278 23 case may be. This fee shall be imposed in addition to
1427914279 24 the fees imposed under subsections (g) and (i) of this
1428014280 25 Section. The fee shall be collected by the clerk of the
1428114281 26 circuit court, except as provided in an administrative
1428214282
1428314283
1428414284
1428514285
1428614286
1428714287 HB2922 - 399 - LRB103 27829 RLC 54207 b
1428814288
1428914289
1429014290 HB2922- 400 -LRB103 27829 RLC 54207 b HB2922 - 400 - LRB103 27829 RLC 54207 b
1429114291 HB2922 - 400 - LRB103 27829 RLC 54207 b
1429214292 1 order of the Chief Judge of the circuit court. The
1429314293 2 clerk of the circuit court shall pay all monies
1429414294 3 collected from this fee to the county treasurer who
1429514295 4 shall use the monies collected to defray the costs of
1429614296 5 corrections. The county treasurer shall deposit the
1429714297 6 fee collected in the probation and court services
1429814298 7 fund. The Chief Judge of the circuit court of the
1429914299 8 county may by administrative order establish a program
1430014300 9 for electronic monitoring of offenders, in which a
1430114301 10 vendor supplies and monitors the operation of the
1430214302 11 electronic monitoring device, and collects the fees on
1430314303 12 behalf of the county. The program shall include
1430414304 13 provisions for indigent offenders and the collection
1430514305 14 of unpaid fees. The program shall not unduly burden
1430614306 15 the offender and shall be subject to review by the
1430714307 16 Chief Judge.
1430814308 17 The Chief Judge of the circuit court may suspend
1430914309 18 any additional charges or fees for late payment,
1431014310 19 interest, or damage to any device.
1431114311 20 (11) comply with the terms and conditions of an order
1431214312 21 of protection issued by the court pursuant to the Illinois
1431314313 22 Domestic Violence Act of 1986, as now or hereafter
1431414314 23 amended, or an order of protection issued by the court of
1431514315 24 another state, tribe, or United States territory. A copy
1431614316 25 of the order of protection shall be transmitted to the
1431714317 26 probation officer or agency having responsibility for the
1431814318
1431914319
1432014320
1432114321
1432214322
1432314323 HB2922 - 400 - LRB103 27829 RLC 54207 b
1432414324
1432514325
1432614326 HB2922- 401 -LRB103 27829 RLC 54207 b HB2922 - 401 - LRB103 27829 RLC 54207 b
1432714327 HB2922 - 401 - LRB103 27829 RLC 54207 b
1432814328 1 case;
1432914329 2 (12) reimburse any "local anti-crime program" as
1433014330 3 defined in Section 7 of the Anti-Crime Advisory Council
1433114331 4 Act for any reasonable expenses incurred by the program on
1433214332 5 the offender's case, not to exceed the maximum amount of
1433314333 6 the fine authorized for the offense for which the
1433414334 7 defendant was sentenced;
1433514335 8 (13) contribute a reasonable sum of money, not to
1433614336 9 exceed the maximum amount of the fine authorized for the
1433714337 10 offense for which the defendant was sentenced, (i) to a
1433814338 11 "local anti-crime program", as defined in Section 7 of the
1433914339 12 Anti-Crime Advisory Council Act, or (ii) for offenses
1434014340 13 under the jurisdiction of the Department of Natural
1434114341 14 Resources, to the fund established by the Department of
1434214342 15 Natural Resources for the purchase of evidence for
1434314343 16 investigation purposes and to conduct investigations as
1434414344 17 outlined in Section 805-105 of the Department of Natural
1434514345 18 Resources (Conservation) Law;
1434614346 19 (14) refrain from entering into a designated
1434714347 20 geographic area except upon such terms as the court finds
1434814348 21 appropriate. Such terms may include consideration of the
1434914349 22 purpose of the entry, the time of day, other persons
1435014350 23 accompanying the defendant, and advance approval by a
1435114351 24 probation officer, if the defendant has been placed on
1435214352 25 probation or advance approval by the court, if the
1435314353 26 defendant was placed on conditional discharge;
1435414354
1435514355
1435614356
1435714357
1435814358
1435914359 HB2922 - 401 - LRB103 27829 RLC 54207 b
1436014360
1436114361
1436214362 HB2922- 402 -LRB103 27829 RLC 54207 b HB2922 - 402 - LRB103 27829 RLC 54207 b
1436314363 HB2922 - 402 - LRB103 27829 RLC 54207 b
1436414364 1 (15) refrain from having any contact, directly or
1436514365 2 indirectly, with certain specified persons or particular
1436614366 3 types of persons, including but not limited to members of
1436714367 4 street gangs and drug users or dealers;
1436814368 5 (16) refrain from having in his or her body the
1436914369 6 presence of any illicit drug prohibited by the Cannabis
1437014370 7 Control Act, the Illinois Controlled Substances Act, or
1437114371 8 the Methamphetamine Control and Community Protection Act,
1437214372 9 unless prescribed by a physician, and submit samples of
1437314373 10 his or her blood or urine or both for tests to determine
1437414374 11 the presence of any illicit drug;
1437514375 12 (17) if convicted for an offense committed on or after
1437614376 13 June 1, 2008 (the effective date of Public Act 95-464)
1437714377 14 that would qualify the accused as a child sex offender as
1437814378 15 defined in Section 11-9.3 or 11-9.4 of the Criminal Code
1437914379 16 of 1961 or the Criminal Code of 2012, refrain from
1438014380 17 communicating with or contacting, by means of the
1438114381 18 Internet, a person who is related to the accused and whom
1438214382 19 the accused reasonably believes to be under 18 years of
1438314383 20 age; for purposes of this paragraph (17), "Internet" has
1438414384 21 the meaning ascribed to it in Section 16-0.1 of the
1438514385 22 Criminal Code of 2012; and a person is related to the
1438614386 23 accused if the person is: (i) the spouse, brother, or
1438714387 24 sister of the accused; (ii) a descendant of the accused;
1438814388 25 (iii) a first or second cousin of the accused; or (iv) a
1438914389 26 step-child or adopted child of the accused;
1439014390
1439114391
1439214392
1439314393
1439414394
1439514395 HB2922 - 402 - LRB103 27829 RLC 54207 b
1439614396
1439714397
1439814398 HB2922- 403 -LRB103 27829 RLC 54207 b HB2922 - 403 - LRB103 27829 RLC 54207 b
1439914399 HB2922 - 403 - LRB103 27829 RLC 54207 b
1440014400 1 (18) if convicted for an offense committed on or after
1440114401 2 June 1, 2009 (the effective date of Public Act 95-983)
1440214402 3 that would qualify as a sex offense as defined in the Sex
1440314403 4 Offender Registration Act:
1440414404 5 (i) not access or use a computer or any other
1440514405 6 device with Internet capability without the prior
1440614406 7 written approval of the offender's probation officer,
1440714407 8 except in connection with the offender's employment or
1440814408 9 search for employment with the prior approval of the
1440914409 10 offender's probation officer;
1441014410 11 (ii) submit to periodic unannounced examinations
1441114411 12 of the offender's computer or any other device with
1441214412 13 Internet capability by the offender's probation
1441314413 14 officer, a law enforcement officer, or assigned
1441414414 15 computer or information technology specialist,
1441514415 16 including the retrieval and copying of all data from
1441614416 17 the computer or device and any internal or external
1441714417 18 peripherals and removal of such information,
1441814418 19 equipment, or device to conduct a more thorough
1441914419 20 inspection;
1442014420 21 (iii) submit to the installation on the offender's
1442114421 22 computer or device with Internet capability, at the
1442214422 23 subject's expense, of one or more hardware or software
1442314423 24 systems to monitor the Internet use; and
1442414424 25 (iv) submit to any other appropriate restrictions
1442514425 26 concerning the offender's use of or access to a
1442614426
1442714427
1442814428
1442914429
1443014430
1443114431 HB2922 - 403 - LRB103 27829 RLC 54207 b
1443214432
1443314433
1443414434 HB2922- 404 -LRB103 27829 RLC 54207 b HB2922 - 404 - LRB103 27829 RLC 54207 b
1443514435 HB2922 - 404 - LRB103 27829 RLC 54207 b
1443614436 1 computer or any other device with Internet capability
1443714437 2 imposed by the offender's probation officer; and
1443814438 3 (19) refrain from possessing a firearm or other
1443914439 4 dangerous weapon where the offense is a misdemeanor that
1444014440 5 did not involve the intentional or knowing infliction of
1444114441 6 bodily harm or threat of bodily harm.
1444214442 7 (c) The court may as a condition of probation or of
1444314443 8 conditional discharge require that a person under 18 years of
1444414444 9 age found guilty of any alcohol, cannabis or controlled
1444514445 10 substance violation, refrain from acquiring a driver's license
1444614446 11 during the period of probation or conditional discharge. If
1444714447 12 such person is in possession of a permit or license, the court
1444814448 13 may require that the minor refrain from driving or operating
1444914449 14 any motor vehicle during the period of probation or
1445014450 15 conditional discharge, except as may be necessary in the
1445114451 16 course of the minor's lawful employment.
1445214452 17 (d) An offender sentenced to probation or to conditional
1445314453 18 discharge shall be given a certificate setting forth the
1445414454 19 conditions thereof.
1445514455 20 (e) Except where the offender has committed a fourth or
1445614456 21 subsequent violation of subsection (c) of Section 6-303 of the
1445714457 22 Illinois Vehicle Code, the court shall not require as a
1445814458 23 condition of the sentence of probation or conditional
1445914459 24 discharge that the offender be committed to a period of
1446014460 25 imprisonment in excess of 6 months. This 6-month limit shall
1446114461 26 not include periods of confinement given pursuant to a
1446214462
1446314463
1446414464
1446514465
1446614466
1446714467 HB2922 - 404 - LRB103 27829 RLC 54207 b
1446814468
1446914469
1447014470 HB2922- 405 -LRB103 27829 RLC 54207 b HB2922 - 405 - LRB103 27829 RLC 54207 b
1447114471 HB2922 - 405 - LRB103 27829 RLC 54207 b
1447214472 1 sentence of county impact incarceration under Section 5-8-1.2.
1447314473 2 Persons committed to imprisonment as a condition of
1447414474 3 probation or conditional discharge shall not be committed to
1447514475 4 the Department of Corrections.
1447614476 5 (f) The court may combine a sentence of periodic
1447714477 6 imprisonment under Article 7 or a sentence to a county impact
1447814478 7 incarceration program under Article 8 with a sentence of
1447914479 8 probation or conditional discharge.
1448014480 9 (g) An offender sentenced to probation or to conditional
1448114481 10 discharge and who during the term of either undergoes
1448214482 11 mandatory drug or alcohol testing, or both, or is assigned to
1448314483 12 be placed on an approved electronic monitoring device, shall
1448414484 13 be ordered to pay all costs incidental to such mandatory drug
1448514485 14 or alcohol testing, or both, and all costs incidental to such
1448614486 15 approved electronic monitoring in accordance with the
1448714487 16 defendant's ability to pay those costs. The county board with
1448814488 17 the concurrence of the Chief Judge of the judicial circuit in
1448914489 18 which the county is located shall establish reasonable fees
1449014490 19 for the cost of maintenance, testing, and incidental expenses
1449114491 20 related to the mandatory drug or alcohol testing, or both, and
1449214492 21 all costs incidental to approved electronic monitoring,
1449314493 22 involved in a successful probation program for the county. The
1449414494 23 concurrence of the Chief Judge shall be in the form of an
1449514495 24 administrative order. The fees shall be collected by the clerk
1449614496 25 of the circuit court, except as provided in an administrative
1449714497 26 order of the Chief Judge of the circuit court. The clerk of the
1449814498
1449914499
1450014500
1450114501
1450214502
1450314503 HB2922 - 405 - LRB103 27829 RLC 54207 b
1450414504
1450514505
1450614506 HB2922- 406 -LRB103 27829 RLC 54207 b HB2922 - 406 - LRB103 27829 RLC 54207 b
1450714507 HB2922 - 406 - LRB103 27829 RLC 54207 b
1450814508 1 circuit court shall pay all moneys collected from these fees
1450914509 2 to the county treasurer who shall use the moneys collected to
1451014510 3 defray the costs of drug testing, alcohol testing, and
1451114511 4 electronic monitoring. The county treasurer shall deposit the
1451214512 5 fees collected in the county working cash fund under Section
1451314513 6 6-27001 or Section 6-29002 of the Counties Code, as the case
1451414514 7 may be. The Chief Judge of the circuit court of the county may
1451514515 8 by administrative order establish a program for electronic
1451614516 9 monitoring of offenders, in which a vendor supplies and
1451714517 10 monitors the operation of the electronic monitoring device,
1451814518 11 and collects the fees on behalf of the county. The program
1451914519 12 shall include provisions for indigent offenders and the
1452014520 13 collection of unpaid fees. The program shall not unduly burden
1452114521 14 the offender and shall be subject to review by the Chief Judge.
1452214522 15 The Chief Judge of the circuit court may suspend any
1452314523 16 additional charges or fees for late payment, interest, or
1452414524 17 damage to any device.
1452514525 18 (h) Jurisdiction over an offender may be transferred from
1452614526 19 the sentencing court to the court of another circuit with the
1452714527 20 concurrence of both courts. Further transfers or retransfers
1452814528 21 of jurisdiction are also authorized in the same manner. The
1452914529 22 court to which jurisdiction has been transferred shall have
1453014530 23 the same powers as the sentencing court. The probation
1453114531 24 department within the circuit to which jurisdiction has been
1453214532 25 transferred, or which has agreed to provide supervision, may
1453314533 26 impose probation fees upon receiving the transferred offender,
1453414534
1453514535
1453614536
1453714537
1453814538
1453914539 HB2922 - 406 - LRB103 27829 RLC 54207 b
1454014540
1454114541
1454214542 HB2922- 407 -LRB103 27829 RLC 54207 b HB2922 - 407 - LRB103 27829 RLC 54207 b
1454314543 HB2922 - 407 - LRB103 27829 RLC 54207 b
1454414544 1 as provided in subsection (i). For all transfer cases, as
1454514545 2 defined in Section 9b of the Probation and Probation Officers
1454614546 3 Act, the probation department from the original sentencing
1454714547 4 court shall retain all probation fees collected prior to the
1454814548 5 transfer. After the transfer, all probation fees shall be paid
1454914549 6 to the probation department within the circuit to which
1455014550 7 jurisdiction has been transferred.
1455114551 8 (i) The court shall impose upon an offender sentenced to
1455214552 9 probation after January 1, 1989 or to conditional discharge
1455314553 10 after January 1, 1992 or to community service under the
1455414554 11 supervision of a probation or court services department after
1455514555 12 January 1, 2004, as a condition of such probation or
1455614556 13 conditional discharge or supervised community service, a fee
1455714557 14 of $50 for each month of probation or conditional discharge
1455814558 15 supervision or supervised community service ordered by the
1455914559 16 court, unless after determining the inability of the person
1456014560 17 sentenced to probation or conditional discharge or supervised
1456114561 18 community service to pay the fee, the court assesses a lesser
1456214562 19 fee. The court may not impose the fee on a minor who is placed
1456314563 20 in the guardianship or custody of the Department of Children
1456414564 21 and Family Services under the Juvenile Court Act of 1987 while
1456514565 22 the minor is in placement. The fee shall be imposed only upon
1456614566 23 an offender who is actively supervised by the probation and
1456714567 24 court services department. The fee shall be collected by the
1456814568 25 clerk of the circuit court. The clerk of the circuit court
1456914569 26 shall pay all monies collected from this fee to the county
1457014570
1457114571
1457214572
1457314573
1457414574
1457514575 HB2922 - 407 - LRB103 27829 RLC 54207 b
1457614576
1457714577
1457814578 HB2922- 408 -LRB103 27829 RLC 54207 b HB2922 - 408 - LRB103 27829 RLC 54207 b
1457914579 HB2922 - 408 - LRB103 27829 RLC 54207 b
1458014580 1 treasurer for deposit in the probation and court services fund
1458114581 2 under Section 15.1 of the Probation and Probation Officers
1458214582 3 Act.
1458314583 4 A circuit court may not impose a probation fee under this
1458414584 5 subsection (i) in excess of $25 per month unless the circuit
1458514585 6 court has adopted, by administrative order issued by the chief
1458614586 7 judge, a standard probation fee guide determining an
1458714587 8 offender's ability to pay. Of the amount collected as a
1458814588 9 probation fee, up to $5 of that fee collected per month may be
1458914589 10 used to provide services to crime victims and their families.
1459014590 11 The Court may only waive probation fees based on an
1459114591 12 offender's ability to pay. The probation department may
1459214592 13 re-evaluate an offender's ability to pay every 6 months, and,
1459314593 14 with the approval of the Director of Court Services or the
1459414594 15 Chief Probation Officer, adjust the monthly fee amount. An
1459514595 16 offender may elect to pay probation fees due in a lump sum. Any
1459614596 17 offender that has been assigned to the supervision of a
1459714597 18 probation department, or has been transferred either under
1459814598 19 subsection (h) of this Section or under any interstate
1459914599 20 compact, shall be required to pay probation fees to the
1460014600 21 department supervising the offender, based on the offender's
1460114601 22 ability to pay.
1460214602 23 Public Act 93-970 deletes the $10 increase in the fee
1460314603 24 under this subsection that was imposed by Public Act 93-616.
1460414604 25 This deletion is intended to control over any other Act of the
1460514605 26 93rd General Assembly that retains or incorporates that fee
1460614606
1460714607
1460814608
1460914609
1461014610
1461114611 HB2922 - 408 - LRB103 27829 RLC 54207 b
1461214612
1461314613
1461414614 HB2922- 409 -LRB103 27829 RLC 54207 b HB2922 - 409 - LRB103 27829 RLC 54207 b
1461514615 HB2922 - 409 - LRB103 27829 RLC 54207 b
1461614616 1 increase.
1461714617 2 (i-5) In addition to the fees imposed under subsection (i)
1461814618 3 of this Section, in the case of an offender convicted of a
1461914619 4 felony sex offense (as defined in the Sex Offender Management
1462014620 5 Board Act) or an offense that the court or probation
1462114621 6 department has determined to be sexually motivated (as defined
1462214622 7 in the Sex Offender Management Board Act), the court or the
1462314623 8 probation department shall assess additional fees to pay for
1462414624 9 all costs of treatment, assessment, evaluation for risk and
1462514625 10 treatment, and monitoring the offender, based on that
1462614626 11 offender's ability to pay those costs either as they occur or
1462714627 12 under a payment plan.
1462814628 13 (j) All fines and costs imposed under this Section for any
1462914629 14 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
1463014630 15 Code, or a similar provision of a local ordinance, and any
1463114631 16 violation of the Child Passenger Protection Act, or a similar
1463214632 17 provision of a local ordinance, shall be collected and
1463314633 18 disbursed by the circuit clerk as provided under the Criminal
1463414634 19 and Traffic Assessment Act.
1463514635 20 (k) Any offender who is sentenced to probation or
1463614636 21 conditional discharge for a felony sex offense as defined in
1463714637 22 the Sex Offender Management Board Act or any offense that the
1463814638 23 court or probation department has determined to be sexually
1463914639 24 motivated as defined in the Sex Offender Management Board Act
1464014640 25 shall be required to refrain from any contact, directly or
1464114641 26 indirectly, with any persons specified by the court and shall
1464214642
1464314643
1464414644
1464514645
1464614646
1464714647 HB2922 - 409 - LRB103 27829 RLC 54207 b
1464814648
1464914649
1465014650 HB2922- 410 -LRB103 27829 RLC 54207 b HB2922 - 410 - LRB103 27829 RLC 54207 b
1465114651 HB2922 - 410 - LRB103 27829 RLC 54207 b
1465214652 1 be available for all evaluations and treatment programs
1465314653 2 required by the court or the probation department.
1465414654 3 (l) The court may order an offender who is sentenced to
1465514655 4 probation or conditional discharge for a violation of an order
1465614656 5 of protection be placed under electronic surveillance as
1465714657 6 provided in Section 5-8A-7 of this Code.
1465814658 7 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
1465914659 8 Section 95. The Stalking No Contact Order Act is amended
1466014660 9 by changing Section 80 as follows:
1466114661 10 (740 ILCS 21/80)
1466214662 11 Sec. 80. Stalking no contact orders; remedies.
1466314663 12 (a) If the court finds that the petitioner has been a
1466414664 13 victim of stalking, a stalking no contact order shall issue;
1466514665 14 provided that the petitioner must also satisfy the
1466614666 15 requirements of Section 95 on emergency orders or Section 100
1466714667 16 on plenary orders. The petitioner shall not be denied a
1466814668 17 stalking no contact order because the petitioner or the
1466914669 18 respondent is a minor. The court, when determining whether or
1467014670 19 not to issue a stalking no contact order, may not require
1467114671 20 physical injury on the person of the petitioner. Modification
1467214672 21 and extension of prior stalking no contact orders shall be in
1467314673 22 accordance with this Act.
1467414674 23 (b) A stalking no contact order shall order one or more of
1467514675 24 the following:
1467614676
1467714677
1467814678
1467914679
1468014680
1468114681 HB2922 - 410 - LRB103 27829 RLC 54207 b
1468214682
1468314683
1468414684 HB2922- 411 -LRB103 27829 RLC 54207 b HB2922 - 411 - LRB103 27829 RLC 54207 b
1468514685 HB2922 - 411 - LRB103 27829 RLC 54207 b
1468614686 1 (1) prohibit the respondent from threatening to commit
1468714687 2 or committing stalking;
1468814688 3 (2) order the respondent not to have any contact with
1468914689 4 the petitioner or a third person specifically named by the
1469014690 5 court;
1469114691 6 (3) prohibit the respondent from knowingly coming
1469214692 7 within, or knowingly remaining within a specified distance
1469314693 8 of the petitioner or the petitioner's residence, school,
1469414694 9 daycare, or place of employment, or any specified place
1469514695 10 frequented by the petitioner; however, the court may order
1469614696 11 the respondent to stay away from the respondent's own
1469714697 12 residence, school, or place of employment only if the
1469814698 13 respondent has been provided actual notice of the
1469914699 14 opportunity to appear and be heard on the petition;
1470014700 15 (4) prohibit the respondent from possessing a Firearm
1470114701 16 Owners Identification Card, or possessing or buying
1470214702 17 firearms; and
1470314703 18 (5) order other injunctive relief the court determines
1470414704 19 to be necessary to protect the petitioner or third party
1470514705 20 specifically named by the court.
1470614706 21 (b-5) When the petitioner and the respondent attend the
1470714707 22 same public, private, or non-public elementary, middle, or
1470814708 23 high school, the court when issuing a stalking no contact
1470914709 24 order and providing relief shall consider the severity of the
1471014710 25 act, any continuing physical danger or emotional distress to
1471114711 26 the petitioner, the educational rights guaranteed to the
1471214712
1471314713
1471414714
1471514715
1471614716
1471714717 HB2922 - 411 - LRB103 27829 RLC 54207 b
1471814718
1471914719
1472014720 HB2922- 412 -LRB103 27829 RLC 54207 b HB2922 - 412 - LRB103 27829 RLC 54207 b
1472114721 HB2922 - 412 - LRB103 27829 RLC 54207 b
1472214722 1 petitioner and respondent under federal and State law, the
1472314723 2 availability of a transfer of the respondent to another
1472414724 3 school, a change of placement or a change of program of the
1472514725 4 respondent, the expense, difficulty, and educational
1472614726 5 disruption that would be caused by a transfer of the
1472714727 6 respondent to another school, and any other relevant facts of
1472814728 7 the case. The court may order that the respondent not attend
1472914729 8 the public, private, or non-public elementary, middle, or high
1473014730 9 school attended by the petitioner, order that the respondent
1473114731 10 accept a change of placement or program, as determined by the
1473214732 11 school district or private or non-public school, or place
1473314733 12 restrictions on the respondent's movements within the school
1473414734 13 attended by the petitioner. The respondent bears the burden of
1473514735 14 proving by a preponderance of the evidence that a transfer,
1473614736 15 change of placement, or change of program of the respondent is
1473714737 16 not available. The respondent also bears the burden of
1473814738 17 production with respect to the expense, difficulty, and
1473914739 18 educational disruption that would be caused by a transfer of
1474014740 19 the respondent to another school. A transfer, change of
1474114741 20 placement, or change of program is not unavailable to the
1474214742 21 respondent solely on the ground that the respondent does not
1474314743 22 agree with the school district's or private or non-public
1474414744 23 school's transfer, change of placement, or change of program
1474514745 24 or solely on the ground that the respondent fails or refuses to
1474614746 25 consent to or otherwise does not take an action required to
1474714747 26 effectuate a transfer, change of placement, or change of
1474814748
1474914749
1475014750
1475114751
1475214752
1475314753 HB2922 - 412 - LRB103 27829 RLC 54207 b
1475414754
1475514755
1475614756 HB2922- 413 -LRB103 27829 RLC 54207 b HB2922 - 413 - LRB103 27829 RLC 54207 b
1475714757 HB2922 - 413 - LRB103 27829 RLC 54207 b
1475814758 1 program. When a court orders a respondent to stay away from the
1475914759 2 public, private, or non-public school attended by the
1476014760 3 petitioner and the respondent requests a transfer to another
1476114761 4 attendance center within the respondent's school district or
1476214762 5 private or non-public school, the school district or private
1476314763 6 or non-public school shall have sole discretion to determine
1476414764 7 the attendance center to which the respondent is transferred.
1476514765 8 In the event the court order results in a transfer of the minor
1476614766 9 respondent to another attendance center, a change in the
1476714767 10 respondent's placement, or a change of the respondent's
1476814768 11 program, the parents, guardian, or legal custodian of the
1476914769 12 respondent is responsible for transportation and other costs
1477014770 13 associated with the transfer or change.
1477114771 14 (b-6) The court may order the parents, guardian, or legal
1477214772 15 custodian of a minor respondent to take certain actions or to
1477314773 16 refrain from taking certain actions to ensure that the
1477414774 17 respondent complies with the order. In the event the court
1477514775 18 orders a transfer of the respondent to another school, the
1477614776 19 parents, guardian, or legal custodian of the respondent are
1477714777 20 responsible for transportation and other costs associated with
1477814778 21 the change of school by the respondent.
1477914779 22 (b-7) The court shall not hold a school district or
1478014780 23 private or non-public school or any of its employees in civil
1478114781 24 or criminal contempt unless the school district or private or
1478214782 25 non-public school has been allowed to intervene.
1478314783 26 (b-8) The court may hold the parents, guardian, or legal
1478414784
1478514785
1478614786
1478714787
1478814788
1478914789 HB2922 - 413 - LRB103 27829 RLC 54207 b
1479014790
1479114791
1479214792 HB2922- 414 -LRB103 27829 RLC 54207 b HB2922 - 414 - LRB103 27829 RLC 54207 b
1479314793 HB2922 - 414 - LRB103 27829 RLC 54207 b
1479414794 1 custodian of a minor respondent in civil or criminal contempt
1479514795 2 for a violation of any provision of any order entered under
1479614796 3 this Act for conduct of the minor respondent in violation of
1479714797 4 this Act if the parents, guardian, or legal custodian
1479814798 5 directed, encouraged, or assisted the respondent minor in such
1479914799 6 conduct.
1480014800 7 (c) The court may award the petitioner costs and attorneys
1480114801 8 fees if a stalking no contact order is granted.
1480214802 9 (d) Monetary damages are not recoverable as a remedy.
1480314803 10 (e) If the stalking no contact order prohibits the
1480414804 11 respondent from possessing a Firearm Owner's Identification
1480514805 12 Card, or possessing or buying firearms; the court shall
1480614806 13 confiscate the respondent's firearms Firearm Owner's
1480714807 14 Identification Card and immediately return the card to the
1480814808 15 Illinois State Police Firearm Owner's Identification Card
1480914809 16 Office.
1481014810 17 (Source: P.A. 102-538, eff. 8-20-21.)
1481114811 18 Section 100. The Mental Health and Developmental
1481214812 19 Disabilities Confidentiality Act is amended by changing
1481314813 20 Section 12 as follows:
1481414814 21 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
1481514815 22 Sec. 12. (a) If the United States Secret Service or the
1481614816 23 Illinois State Police requests information from a mental
1481714817 24 health or developmental disability facility, as defined in
1481814818
1481914819
1482014820
1482114821
1482214822
1482314823 HB2922 - 414 - LRB103 27829 RLC 54207 b
1482414824
1482514825
1482614826 HB2922- 415 -LRB103 27829 RLC 54207 b HB2922 - 415 - LRB103 27829 RLC 54207 b
1482714827 HB2922 - 415 - LRB103 27829 RLC 54207 b
1482814828 1 Section 1-107 and 1-114 of the Mental Health and Developmental
1482914829 2 Disabilities Code, relating to a specific recipient and the
1483014830 3 facility director determines that disclosure of such
1483114831 4 information may be necessary to protect the life of, or to
1483214832 5 prevent the infliction of great bodily harm to, a public
1483314833 6 official, or a person under the protection of the United
1483414834 7 States Secret Service, only the following information may be
1483514835 8 disclosed: the recipient's name, address, and age and the date
1483614836 9 of any admission to or discharge from a facility; and any
1483714837 10 information which would indicate whether or not the recipient
1483814838 11 has a history of violence or presents a danger of violence to
1483914839 12 the person under protection. Any information so disclosed
1484014840 13 shall be used for investigative purposes only and shall not be
1484114841 14 publicly disseminated. Any person participating in good faith
1484214842 15 in the disclosure of such information in accordance with this
1484314843 16 provision shall have immunity from any liability, civil,
1484414844 17 criminal or otherwise, if such information is disclosed
1484514845 18 relying upon the representation of an officer of the United
1484614846 19 States Secret Service or the Illinois State Police that a
1484714847 20 person is under the protection of the United States Secret
1484814848 21 Service or is a public official.
1484914849 22 For the purpose of this subsection (a), the term "public
1485014850 23 official" means the Governor, Lieutenant Governor, Attorney
1485114851 24 General, Secretary of State, State Comptroller, State
1485214852 25 Treasurer, member of the General Assembly, member of the
1485314853 26 United States Congress, Judge of the United States as defined
1485414854
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1486014860
1486114861
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1486314863 HB2922 - 416 - LRB103 27829 RLC 54207 b
1486414864 1 in 28 U.S.C. 451, Justice of the United States as defined in 28
1486514865 2 U.S.C. 451, United States Magistrate Judge as defined in 28
1486614866 3 U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
1486714867 4 Supreme, Appellate, Circuit, or Associate Judge of the State
1486814868 5 of Illinois. The term shall also include the spouse, child or
1486914869 6 children of a public official.
1487014870 7 (b) The Department of Human Services (acting as successor
1487114871 8 to the Department of Mental Health and Developmental
1487214872 9 Disabilities) and all public or private hospitals and mental
1487314873 10 health facilities are required, as hereafter described in this
1487414874 11 subsection, to furnish the Illinois State Police only such
1487514875 12 information as may be required for the sole purpose of
1487614876 13 determining whether an individual who may be or may have been a
1487714877 14 patient is disqualified because of that status from receiving
1487814878 15 or retaining a firearm under paragraph (4) of subsection (a)
1487914879 16 of Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's
1488014880 17 Identification Card or falls within the federal prohibitors
1488114881 18 under subsection (e), (f), (g), (r), (s), or (t) of Section 8
1488214882 19 of the Firearm Owners Identification Card Act, or falls within
1488314883 20 the federal prohibitors in 18 U.S.C. 922(g) and (n). All
1488414884 21 physicians, clinical psychologists, or qualified examiners at
1488514885 22 public or private mental health facilities or parts thereof as
1488614886 23 defined in this subsection shall, in the form and manner
1488714887 24 required by the Department, provide notice directly to the
1488814888 25 Department of Human Services, or to his or her employer who
1488914889 26 shall then report to the Department, within 24 hours after
1489014890
1489114891
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1489614896
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1489914899 HB2922 - 417 - LRB103 27829 RLC 54207 b
1490014900 1 determining that a person poses a clear and present danger to
1490114901 2 himself, herself, or others, or within 7 days after a person 14
1490214902 3 years or older is determined to be a person with a
1490314903 4 developmental disability by a physician, clinical
1490414904 5 psychologist, or qualified examiner as described in this
1490514905 6 subsection (b) Section 1.1 of the Firearm Owners
1490614906 7 Identification Card Act. If a person is a patient as described
1490714907 8 in clause (2)(A) (1) of the definition of "patient" in this
1490814908 9 subsection Section 1.1 of the Firearm Owners Identification
1490914909 10 Card Act, this information shall be furnished within 7 days
1491014910 11 after admission to a public or private hospital or mental
1491114911 12 health facility or the provision of services. Any such
1491214912 13 information disclosed under this subsection shall remain
1491314913 14 privileged and confidential, and shall not be redisclosed,
1491414914 15 except as required by clause (e)(2) of Section 24-4.5 of the
1491514915 16 Criminal Code of 2012 subsection (e) of Section 3.1 of the
1491614916 17 Firearm Owners Identification Card Act, nor utilized for any
1491714917 18 other purpose. The method of requiring the providing of such
1491814918 19 information shall guarantee that no information is released
1491914919 20 beyond what is necessary for this purpose. In addition, the
1492014920 21 information disclosed shall be provided by the Department
1492114921 22 within the time period established by Section 24-3 of the
1492214922 23 Criminal Code of 2012 regarding the delivery of firearms. The
1492314923 24 method used shall be sufficient to provide the necessary
1492414924 25 information within the prescribed time period, which may
1492514925 26 include periodically providing lists to the Department of
1492614926
1492714927
1492814928
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1493214932
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1493514935 HB2922 - 418 - LRB103 27829 RLC 54207 b
1493614936 1 Human Services or any public or private hospital or mental
1493714937 2 health facility of Firearm Owner's Identification Card
1493814938 3 applicants for firearm purchases on which the Department or
1493914939 4 hospital shall indicate the identities of those individuals
1494014940 5 who are to its knowledge disqualified from having a firearm
1494114941 6 Firearm Owner's Identification Card for reasons described
1494214942 7 herein. The Department may provide for a centralized source of
1494314943 8 information for the State on this subject under its
1494414944 9 jurisdiction. The identity of the person reporting under this
1494514945 10 subsection shall not be disclosed to the subject of the
1494614946 11 report. For the purposes of this subsection, the physician,
1494714947 12 clinical psychologist, or qualified examiner making the
1494814948 13 determination and his or her employer shall not be held
1494914949 14 criminally, civilly, or professionally liable for making or
1495014950 15 not making the notification required under this subsection,
1495114951 16 except for willful or wanton misconduct.
1495214952 17 Any person, institution, or agency, under this Act,
1495314953 18 participating in good faith in the reporting or disclosure of
1495414954 19 records and communications otherwise in accordance with this
1495514955 20 provision or with rules, regulations or guidelines issued by
1495614956 21 the Department shall have immunity from any liability, civil,
1495714957 22 criminal or otherwise, that might result by reason of the
1495814958 23 action. For the purpose of any proceeding, civil or criminal,
1495914959 24 arising out of a report or disclosure in accordance with this
1496014960 25 provision, the good faith of any person, institution, or
1496114961 26 agency so reporting or disclosing shall be presumed. The full
1496214962
1496314963
1496414964
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1496814968
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1497114971 HB2922 - 419 - LRB103 27829 RLC 54207 b
1497214972 1 extent of the immunity provided in this subsection (b) shall
1497314973 2 apply to any person, institution or agency that fails to make a
1497414974 3 report or disclosure in the good faith belief that the report
1497514975 4 or disclosure would violate federal regulations governing the
1497614976 5 confidentiality of alcohol and drug abuse patient records
1497714977 6 implementing 42 U.S.C. 290dd-3 and 290ee-3.
1497814978 7 For purposes of this subsection (b) only, the following
1497914979 8 terms shall have the meaning prescribed:
1498014980 9 (1) (Blank).
1498114981 10 (1.3) "Clear and present danger" has the meaning as
1498214982 11 defined in Section 6-103.3 of the Mental Health and
1498314983 12 Developmental Disabilities Code 1.1 of the Firearm Owners
1498414984 13 Identification Card Act.
1498514985 14 (1.5) "Person with a developmental disability" has the
1498614986 15 meaning as defined in Section 6-103.3 of the Mental Health
1498714987 16 and Developmental Disabilities Code 1.1 of the Firearm
1498814988 17 Owners Identification Card Act.
1498914989 18 (2) "Patient" means (A) a person who voluntarily
1499014990 19 receives mental health treatment as an in-patient or
1499114991 20 resident of any public or private mental health facility,
1499214992 21 unless the treatment was solely for an alcohol abuse
1499314993 22 disorder and no other secondary substance abuse disorder
1499414994 23 or mental illness; or (B) a person who voluntarily
1499514995 24 receives mental health treatment as an out-patient or is
1499614996 25 provided services by a public or private mental health
1499714997 26 facility, and who poses a clear and present danger to
1499814998
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1500715007 HB2922 - 420 - LRB103 27829 RLC 54207 b
1500815008 1 himself, herself, or to others has the meaning as defined
1500915009 2 in Section 1.1 of the Firearm Owners Identification Card
1501015010 3 Act.
1501115011 4 (3) "Mental health facility" means any licensed
1501215012 5 private hospital or hospital affiliate, institution, or
1501315013 6 facility, or part thereof, and any facility, or part
1501415014 7 thereof, operated by the State or a political subdivision
1501515015 8 thereof which provide treatment of persons with mental
1501615016 9 illness and includes all hospitals, institutions, clinics,
1501715017 10 evaluation facilities, mental health centers, colleges,
1501815018 11 universities, long-term care facilities, and nursing
1501915019 12 homes, or parts thereof, which provide treatment of
1502015020 13 persons with mental illness whether or not the primary
1502115021 14 purpose is to provide treatment of persons with mental
1502215022 15 illness has the meaning as defined in Section 1.1 of the
1502315023 16 Firearm Owners Identification Card Act.
1502415024 17 (c) Upon the request of a peace officer who takes a person
1502515025 18 into custody and transports such person to a mental health or
1502615026 19 developmental disability facility pursuant to Section 3-606 or
1502715027 20 4-404 of the Mental Health and Developmental Disabilities Code
1502815028 21 or who transports a person from such facility, a facility
1502915029 22 director shall furnish said peace officer the name, address,
1503015030 23 age and name of the nearest relative of the person transported
1503115031 24 to or from the mental health or developmental disability
1503215032 25 facility. In no case shall the facility director disclose to
1503315033 26 the peace officer any information relating to the diagnosis,
1503415034
1503515035
1503615036
1503715037
1503815038
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1504015040
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1504315043 HB2922 - 421 - LRB103 27829 RLC 54207 b
1504415044 1 treatment or evaluation of the person's mental or physical
1504515045 2 health.
1504615046 3 For the purposes of this subsection (c), the terms "mental
1504715047 4 health or developmental disability facility", "peace officer"
1504815048 5 and "facility director" shall have the meanings ascribed to
1504915049 6 them in the Mental Health and Developmental Disabilities Code.
1505015050 7 (d) Upon the request of a peace officer or prosecuting
1505115051 8 authority who is conducting a bona fide investigation of a
1505215052 9 criminal offense, or attempting to apprehend a fugitive from
1505315053 10 justice, a facility director may disclose whether a person is
1505415054 11 present at the facility. Upon request of a peace officer or
1505515055 12 prosecuting authority who has a valid forcible felony warrant
1505615056 13 issued, a facility director shall disclose: (1) whether the
1505715057 14 person who is the subject of the warrant is present at the
1505815058 15 facility and (2) the date of that person's discharge or future
1505915059 16 discharge from the facility. The requesting peace officer or
1506015060 17 prosecuting authority must furnish a case number and the
1506115061 18 purpose of the investigation or an outstanding arrest warrant
1506215062 19 at the time of the request. Any person, institution, or agency
1506315063 20 participating in good faith in disclosing such information in
1506415064 21 accordance with this subsection (d) is immune from any
1506515065 22 liability, civil, criminal or otherwise, that might result by
1506615066 23 reason of the action.
1506715067 24 (Source: P.A. 102-538, eff. 8-20-21.)
1506815068 25 Section 105. The Illinois Domestic Violence Act of 1986 is
1506915069
1507015070
1507115071
1507215072
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1507515075
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1507815078 HB2922 - 422 - LRB103 27829 RLC 54207 b
1507915079 1 amended by changing Sections 210 and 214 as follows:
1508015080 2 (750 ILCS 60/210) (from Ch. 40, par. 2312-10)
1508115081 3 Sec. 210. Process.
1508215082 4 (a) Summons. Any action for an order of protection,
1508315083 5 whether commenced alone or in conjunction with another
1508415084 6 proceeding, is a distinct cause of action and requires that a
1508515085 7 separate summons be issued and served, except that in pending
1508615086 8 cases the following methods may be used:
1508715087 9 (1) By delivery of the summons to respondent
1508815088 10 personally in open court in pending civil or criminal
1508915089 11 cases.
1509015090 12 (2) By notice in accordance with Section 210.1 in
1509115091 13 civil cases in which the defendant has filed a general
1509215092 14 appearance.
1509315093 15 The summons shall be in the form prescribed by Supreme
1509415094 16 Court Rule 101(d), except that it shall require respondent to
1509515095 17 answer or appear within 7 days. Attachments to the summons or
1509615096 18 notice shall include the petition for order of protection and
1509715097 19 supporting affidavits, if any, and any emergency order of
1509815098 20 protection that has been issued. The enforcement of an order
1509915099 21 of protection under Section 223 shall not be affected by the
1510015100 22 lack of service, delivery, or notice, provided the
1510115101 23 requirements of subsection (d) of that Section are otherwise
1510215102 24 met.
1510315103 25 (b) Blank.
1510415104
1510515105
1510615106
1510715107
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1511015110
1511115111
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1511315113 HB2922 - 423 - LRB103 27829 RLC 54207 b
1511415114 1 (c) Expedited service. The summons shall be served by the
1511515115 2 sheriff or other law enforcement officer at the earliest time
1511615116 3 and shall take precedence over other summonses except those of
1511715117 4 a similar emergency nature. Special process servers may be
1511815118 5 appointed at any time, and their designation shall not affect
1511915119 6 the responsibilities and authority of the sheriff or other
1512015120 7 official process servers. In counties with a population over
1512115121 8 3,000,000, a special process server may not be appointed if
1512215122 9 the order of protection grants the surrender of a child, the
1512315123 10 surrender of a firearm or firearm owners identification card,
1512415124 11 or the exclusive possession of a shared residence.
1512515125 12 (d) Remedies requiring actual notice. The counseling,
1512615126 13 payment of support, payment of shelter services, and payment
1512715127 14 of losses remedies provided by paragraphs 4, 12, 13, and 16 of
1512815128 15 subsection (b) of Section 214 may be granted only if
1512915129 16 respondent has been personally served with process, has
1513015130 17 answered or has made a general appearance.
1513115131 18 (e) Remedies upon constructive notice. Service of process
1513215132 19 on a member of respondent's household or by publication shall
1513315133 20 be adequate for the remedies provided by paragraphs 1, 2, 3, 5,
1513415134 21 6, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section
1513515135 22 214, but only if: (i) petitioner has made all reasonable
1513615136 23 efforts to accomplish actual service of process personally
1513715137 24 upon respondent, but respondent cannot be found to effect such
1513815138 25 service and (ii) petitioner files an affidavit or presents
1513915139 26 sworn testimony as to those efforts.
1514015140
1514115141
1514215142
1514315143
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1514915149 HB2922 - 424 - LRB103 27829 RLC 54207 b
1515015150 1 (f) Default. A plenary order of protection may be entered
1515115151 2 by default as follows:
1515215152 3 (1) For any of the remedies sought in the petition, if
1515315153 4 respondent has been served or given notice in accordance
1515415154 5 with subsection (a) and if respondent then fails to appear
1515515155 6 as directed or fails to appear on any subsequent
1515615156 7 appearance or hearing date agreed to by the parties or set
1515715157 8 by the court; or
1515815158 9 (2) For any of the remedies provided in accordance
1515915159 10 with subsection (e), if respondent fails to answer or
1516015160 11 appear in accordance with the date set in the publication
1516115161 12 notice or the return date indicated on the service of a
1516215162 13 household member.
1516315163 14 (g) Emergency orders. If an order is granted under
1516415164 15 subsection (c) of Section 217, the court shall immediately
1516515165 16 file a certified copy of the order with the sheriff or other
1516615166 17 law enforcement official charged with maintaining Department
1516715167 18 of State Police records.
1516815168 19 (Source: P.A. 101-508, eff. 1-1-20.)
1516915169 20 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
1517015170 21 Sec. 214. Order of protection; remedies.
1517115171 22 (a) Issuance of order. If the court finds that petitioner
1517215172 23 has been abused by a family or household member or that
1517315173 24 petitioner is a high-risk adult who has been abused,
1517415174 25 neglected, or exploited, as defined in this Act, an order of
1517515175
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1518415184 HB2922 - 425 - LRB103 27829 RLC 54207 b
1518515185 1 protection prohibiting the abuse, neglect, or exploitation
1518615186 2 shall issue; provided that petitioner must also satisfy the
1518715187 3 requirements of one of the following Sections, as appropriate:
1518815188 4 Section 217 on emergency orders, Section 218 on interim
1518915189 5 orders, or Section 219 on plenary orders. Petitioner shall not
1519015190 6 be denied an order of protection because petitioner or
1519115191 7 respondent is a minor. The court, when determining whether or
1519215192 8 not to issue an order of protection, shall not require
1519315193 9 physical manifestations of abuse on the person of the victim.
1519415194 10 Modification and extension of prior orders of protection shall
1519515195 11 be in accordance with this Act.
1519615196 12 (b) Remedies and standards. The remedies to be included in
1519715197 13 an order of protection shall be determined in accordance with
1519815198 14 this Section and one of the following Sections, as
1519915199 15 appropriate: Section 217 on emergency orders, Section 218 on
1520015200 16 interim orders, and Section 219 on plenary orders. The
1520115201 17 remedies listed in this subsection shall be in addition to
1520215202 18 other civil or criminal remedies available to petitioner.
1520315203 19 (1) Prohibition of abuse, neglect, or exploitation.
1520415204 20 Prohibit respondent's harassment, interference with
1520515205 21 personal liberty, intimidation of a dependent, physical
1520615206 22 abuse, or willful deprivation, neglect or exploitation, as
1520715207 23 defined in this Act, or stalking of the petitioner, as
1520815208 24 defined in Section 12-7.3 of the Criminal Code of 2012, if
1520915209 25 such abuse, neglect, exploitation, or stalking has
1521015210 26 occurred or otherwise appears likely to occur if not
1521115211
1521215212
1521315213
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1521715217
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1522015220 HB2922 - 426 - LRB103 27829 RLC 54207 b
1522115221 1 prohibited.
1522215222 2 (2) Grant of exclusive possession of residence.
1522315223 3 Prohibit respondent from entering or remaining in any
1522415224 4 residence, household, or premises of the petitioner,
1522515225 5 including one owned or leased by respondent, if petitioner
1522615226 6 has a right to occupancy thereof. The grant of exclusive
1522715227 7 possession of the residence, household, or premises shall
1522815228 8 not affect title to real property, nor shall the court be
1522915229 9 limited by the standard set forth in subsection (c-2) of
1523015230 10 Section 501 of the Illinois Marriage and Dissolution of
1523115231 11 Marriage Act.
1523215232 12 (A) Right to occupancy. A party has a right to
1523315233 13 occupancy of a residence or household if it is solely
1523415234 14 or jointly owned or leased by that party, that party's
1523515235 15 spouse, a person with a legal duty to support that
1523615236 16 party or a minor child in that party's care, or by any
1523715237 17 person or entity other than the opposing party that
1523815238 18 authorizes that party's occupancy (e.g., a domestic
1523915239 19 violence shelter). Standards set forth in subparagraph
1524015240 20 (B) shall not preclude equitable relief.
1524115241 21 (B) Presumption of hardships. If petitioner and
1524215242 22 respondent each has the right to occupancy of a
1524315243 23 residence or household, the court shall balance (i)
1524415244 24 the hardships to respondent and any minor child or
1524515245 25 dependent adult in respondent's care resulting from
1524615246 26 entry of this remedy with (ii) the hardships to
1524715247
1524815248
1524915249
1525015250
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1525315253
1525415254
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1525615256 HB2922 - 427 - LRB103 27829 RLC 54207 b
1525715257 1 petitioner and any minor child or dependent adult in
1525815258 2 petitioner's care resulting from continued exposure to
1525915259 3 the risk of abuse (should petitioner remain at the
1526015260 4 residence or household) or from loss of possession of
1526115261 5 the residence or household (should petitioner leave to
1526215262 6 avoid the risk of abuse). When determining the balance
1526315263 7 of hardships, the court shall also take into account
1526415264 8 the accessibility of the residence or household.
1526515265 9 Hardships need not be balanced if respondent does not
1526615266 10 have a right to occupancy.
1526715267 11 The balance of hardships is presumed to favor
1526815268 12 possession by petitioner unless the presumption is
1526915269 13 rebutted by a preponderance of the evidence, showing
1527015270 14 that the hardships to respondent substantially
1527115271 15 outweigh the hardships to petitioner and any minor
1527215272 16 child or dependent adult in petitioner's care. The
1527315273 17 court, on the request of petitioner or on its own
1527415274 18 motion, may order respondent to provide suitable,
1527515275 19 accessible, alternate housing for petitioner instead
1527615276 20 of excluding respondent from a mutual residence or
1527715277 21 household.
1527815278 22 (3) Stay away order and additional prohibitions. Order
1527915279 23 respondent to stay away from petitioner or any other
1528015280 24 person protected by the order of protection, or prohibit
1528115281 25 respondent from entering or remaining present at
1528215282 26 petitioner's school, place of employment, or other
1528315283
1528415284
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1529315293 1 specified places at times when petitioner is present, or
1529415294 2 both, if reasonable, given the balance of hardships.
1529515295 3 Hardships need not be balanced for the court to enter a
1529615296 4 stay away order or prohibit entry if respondent has no
1529715297 5 right to enter the premises.
1529815298 6 (A) If an order of protection grants petitioner
1529915299 7 exclusive possession of the residence, or prohibits
1530015300 8 respondent from entering the residence, or orders
1530115301 9 respondent to stay away from petitioner or other
1530215302 10 protected persons, then the court may allow respondent
1530315303 11 access to the residence to remove items of clothing
1530415304 12 and personal adornment used exclusively by respondent,
1530515305 13 medications, and other items as the court directs. The
1530615306 14 right to access shall be exercised on only one
1530715307 15 occasion as the court directs and in the presence of an
1530815308 16 agreed-upon adult third party or law enforcement
1530915309 17 officer.
1531015310 18 (B) When the petitioner and the respondent attend
1531115311 19 the same public, private, or non-public elementary,
1531215312 20 middle, or high school, the court when issuing an
1531315313 21 order of protection and providing relief shall
1531415314 22 consider the severity of the act, any continuing
1531515315 23 physical danger or emotional distress to the
1531615316 24 petitioner, the educational rights guaranteed to the
1531715317 25 petitioner and respondent under federal and State law,
1531815318 26 the availability of a transfer of the respondent to
1531915319
1532015320
1532115321
1532215322
1532315323
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1532515325
1532615326
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1532815328 HB2922 - 429 - LRB103 27829 RLC 54207 b
1532915329 1 another school, a change of placement or a change of
1533015330 2 program of the respondent, the expense, difficulty,
1533115331 3 and educational disruption that would be caused by a
1533215332 4 transfer of the respondent to another school, and any
1533315333 5 other relevant facts of the case. The court may order
1533415334 6 that the respondent not attend the public, private, or
1533515335 7 non-public elementary, middle, or high school attended
1533615336 8 by the petitioner, order that the respondent accept a
1533715337 9 change of placement or change of program, as
1533815338 10 determined by the school district or private or
1533915339 11 non-public school, or place restrictions on the
1534015340 12 respondent's movements within the school attended by
1534115341 13 the petitioner. The respondent bears the burden of
1534215342 14 proving by a preponderance of the evidence that a
1534315343 15 transfer, change of placement, or change of program of
1534415344 16 the respondent is not available. The respondent also
1534515345 17 bears the burden of production with respect to the
1534615346 18 expense, difficulty, and educational disruption that
1534715347 19 would be caused by a transfer of the respondent to
1534815348 20 another school. A transfer, change of placement, or
1534915349 21 change of program is not unavailable to the respondent
1535015350 22 solely on the ground that the respondent does not
1535115351 23 agree with the school district's or private or
1535215352 24 non-public school's transfer, change of placement, or
1535315353 25 change of program or solely on the ground that the
1535415354 26 respondent fails or refuses to consent or otherwise
1535515355
1535615356
1535715357
1535815358
1535915359
1536015360 HB2922 - 429 - LRB103 27829 RLC 54207 b
1536115361
1536215362
1536315363 HB2922- 430 -LRB103 27829 RLC 54207 b HB2922 - 430 - LRB103 27829 RLC 54207 b
1536415364 HB2922 - 430 - LRB103 27829 RLC 54207 b
1536515365 1 does not take an action required to effectuate a
1536615366 2 transfer, change of placement, or change of program.
1536715367 3 When a court orders a respondent to stay away from the
1536815368 4 public, private, or non-public school attended by the
1536915369 5 petitioner and the respondent requests a transfer to
1537015370 6 another attendance center within the respondent's
1537115371 7 school district or private or non-public school, the
1537215372 8 school district or private or non-public school shall
1537315373 9 have sole discretion to determine the attendance
1537415374 10 center to which the respondent is transferred. In the
1537515375 11 event the court order results in a transfer of the
1537615376 12 minor respondent to another attendance center, a
1537715377 13 change in the respondent's placement, or a change of
1537815378 14 the respondent's program, the parents, guardian, or
1537915379 15 legal custodian of the respondent is responsible for
1538015380 16 transportation and other costs associated with the
1538115381 17 transfer or change.
1538215382 18 (C) The court may order the parents, guardian, or
1538315383 19 legal custodian of a minor respondent to take certain
1538415384 20 actions or to refrain from taking certain actions to
1538515385 21 ensure that the respondent complies with the order. In
1538615386 22 the event the court orders a transfer of the
1538715387 23 respondent to another school, the parents, guardian,
1538815388 24 or legal custodian of the respondent is responsible
1538915389 25 for transportation and other costs associated with the
1539015390 26 change of school by the respondent.
1539115391
1539215392
1539315393
1539415394
1539515395
1539615396 HB2922 - 430 - LRB103 27829 RLC 54207 b
1539715397
1539815398
1539915399 HB2922- 431 -LRB103 27829 RLC 54207 b HB2922 - 431 - LRB103 27829 RLC 54207 b
1540015400 HB2922 - 431 - LRB103 27829 RLC 54207 b
1540115401 1 (4) Counseling. Require or recommend the respondent to
1540215402 2 undergo counseling for a specified duration with a social
1540315403 3 worker, psychologist, clinical psychologist,
1540415404 4 psychiatrist, family service agency, alcohol or substance
1540515405 5 abuse program, mental health center guidance counselor,
1540615406 6 agency providing services to elders, program designed for
1540715407 7 domestic violence abusers or any other guidance service
1540815408 8 the court deems appropriate. The Court may order the
1540915409 9 respondent in any intimate partner relationship to report
1541015410 10 to an Illinois Department of Human Services protocol
1541115411 11 approved partner abuse intervention program for an
1541215412 12 assessment and to follow all recommended treatment.
1541315413 13 (5) Physical care and possession of the minor child.
1541415414 14 In order to protect the minor child from abuse, neglect,
1541515415 15 or unwarranted separation from the person who has been the
1541615416 16 minor child's primary caretaker, or to otherwise protect
1541715417 17 the well-being of the minor child, the court may do either
1541815418 18 or both of the following: (i) grant petitioner physical
1541915419 19 care or possession of the minor child, or both, or (ii)
1542015420 20 order respondent to return a minor child to, or not remove
1542115421 21 a minor child from, the physical care of a parent or person
1542215422 22 in loco parentis.
1542315423 23 If a court finds, after a hearing, that respondent has
1542415424 24 committed abuse (as defined in Section 103) of a minor
1542515425 25 child, there shall be a rebuttable presumption that
1542615426 26 awarding physical care to respondent would not be in the
1542715427
1542815428
1542915429
1543015430
1543115431
1543215432 HB2922 - 431 - LRB103 27829 RLC 54207 b
1543315433
1543415434
1543515435 HB2922- 432 -LRB103 27829 RLC 54207 b HB2922 - 432 - LRB103 27829 RLC 54207 b
1543615436 HB2922 - 432 - LRB103 27829 RLC 54207 b
1543715437 1 minor child's best interest.
1543815438 2 (6) Temporary allocation of parental responsibilities:
1543915439 3 significant decision-making. Award temporary
1544015440 4 decision-making responsibility to petitioner in accordance
1544115441 5 with this Section, the Illinois Marriage and Dissolution
1544215442 6 of Marriage Act, the Illinois Parentage Act of 2015, and
1544315443 7 this State's Uniform Child-Custody Jurisdiction and
1544415444 8 Enforcement Act.
1544515445 9 If a court finds, after a hearing, that respondent has
1544615446 10 committed abuse (as defined in Section 103) of a minor
1544715447 11 child, there shall be a rebuttable presumption that
1544815448 12 awarding temporary significant decision-making
1544915449 13 responsibility to respondent would not be in the child's
1545015450 14 best interest.
1545115451 15 (7) Parenting time. Determine the parenting time, if
1545215452 16 any, of respondent in any case in which the court awards
1545315453 17 physical care or allocates temporary significant
1545415454 18 decision-making responsibility of a minor child to
1545515455 19 petitioner. The court shall restrict or deny respondent's
1545615456 20 parenting time with a minor child if the court finds that
1545715457 21 respondent has done or is likely to do any of the
1545815458 22 following: (i) abuse or endanger the minor child during
1545915459 23 parenting time; (ii) use the parenting time as an
1546015460 24 opportunity to abuse or harass petitioner or petitioner's
1546115461 25 family or household members; (iii) improperly conceal or
1546215462 26 detain the minor child; or (iv) otherwise act in a manner
1546315463
1546415464
1546515465
1546615466
1546715467
1546815468 HB2922 - 432 - LRB103 27829 RLC 54207 b
1546915469
1547015470
1547115471 HB2922- 433 -LRB103 27829 RLC 54207 b HB2922 - 433 - LRB103 27829 RLC 54207 b
1547215472 HB2922 - 433 - LRB103 27829 RLC 54207 b
1547315473 1 that is not in the best interests of the minor child. The
1547415474 2 court shall not be limited by the standards set forth in
1547515475 3 Section 603.10 of the Illinois Marriage and Dissolution of
1547615476 4 Marriage Act. If the court grants parenting time, the
1547715477 5 order shall specify dates and times for the parenting time
1547815478 6 to take place or other specific parameters or conditions
1547915479 7 that are appropriate. No order for parenting time shall
1548015480 8 refer merely to the term "reasonable parenting time".
1548115481 9 Petitioner may deny respondent access to the minor
1548215482 10 child if, when respondent arrives for parenting time,
1548315483 11 respondent is under the influence of drugs or alcohol and
1548415484 12 constitutes a threat to the safety and well-being of
1548515485 13 petitioner or petitioner's minor children or is behaving
1548615486 14 in a violent or abusive manner.
1548715487 15 If necessary to protect any member of petitioner's
1548815488 16 family or household from future abuse, respondent shall be
1548915489 17 prohibited from coming to petitioner's residence to meet
1549015490 18 the minor child for parenting time, and the parties shall
1549115491 19 submit to the court their recommendations for reasonable
1549215492 20 alternative arrangements for parenting time. A person may
1549315493 21 be approved to supervise parenting time only after filing
1549415494 22 an affidavit accepting that responsibility and
1549515495 23 acknowledging accountability to the court.
1549615496 24 (8) Removal or concealment of minor child. Prohibit
1549715497 25 respondent from removing a minor child from the State or
1549815498 26 concealing the child within the State.
1549915499
1550015500
1550115501
1550215502
1550315503
1550415504 HB2922 - 433 - LRB103 27829 RLC 54207 b
1550515505
1550615506
1550715507 HB2922- 434 -LRB103 27829 RLC 54207 b HB2922 - 434 - LRB103 27829 RLC 54207 b
1550815508 HB2922 - 434 - LRB103 27829 RLC 54207 b
1550915509 1 (9) Order to appear. Order the respondent to appear in
1551015510 2 court, alone or with a minor child, to prevent abuse,
1551115511 3 neglect, removal or concealment of the child, to return
1551215512 4 the child to the custody or care of the petitioner or to
1551315513 5 permit any court-ordered interview or examination of the
1551415514 6 child or the respondent.
1551515515 7 (10) Possession of personal property. Grant petitioner
1551615516 8 exclusive possession of personal property and, if
1551715517 9 respondent has possession or control, direct respondent to
1551815518 10 promptly make it available to petitioner, if:
1551915519 11 (i) petitioner, but not respondent, owns the
1552015520 12 property; or
1552115521 13 (ii) the parties own the property jointly; sharing
1552215522 14 it would risk abuse of petitioner by respondent or is
1552315523 15 impracticable; and the balance of hardships favors
1552415524 16 temporary possession by petitioner.
1552515525 17 If petitioner's sole claim to ownership of the
1552615526 18 property is that it is marital property, the court may
1552715527 19 award petitioner temporary possession thereof under the
1552815528 20 standards of subparagraph (ii) of this paragraph only if a
1552915529 21 proper proceeding has been filed under the Illinois
1553015530 22 Marriage and Dissolution of Marriage Act, as now or
1553115531 23 hereafter amended.
1553215532 24 No order under this provision shall affect title to
1553315533 25 property.
1553415534 26 (11) Protection of property. Forbid the respondent
1553515535
1553615536
1553715537
1553815538
1553915539
1554015540 HB2922 - 434 - LRB103 27829 RLC 54207 b
1554115541
1554215542
1554315543 HB2922- 435 -LRB103 27829 RLC 54207 b HB2922 - 435 - LRB103 27829 RLC 54207 b
1554415544 HB2922 - 435 - LRB103 27829 RLC 54207 b
1554515545 1 from taking, transferring, encumbering, concealing,
1554615546 2 damaging or otherwise disposing of any real or personal
1554715547 3 property, except as explicitly authorized by the court,
1554815548 4 if:
1554915549 5 (i) petitioner, but not respondent, owns the
1555015550 6 property; or
1555115551 7 (ii) the parties own the property jointly, and the
1555215552 8 balance of hardships favors granting this remedy.
1555315553 9 If petitioner's sole claim to ownership of the
1555415554 10 property is that it is marital property, the court may
1555515555 11 grant petitioner relief under subparagraph (ii) of this
1555615556 12 paragraph only if a proper proceeding has been filed under
1555715557 13 the Illinois Marriage and Dissolution of Marriage Act, as
1555815558 14 now or hereafter amended.
1555915559 15 The court may further prohibit respondent from
1556015560 16 improperly using the financial or other resources of an
1556115561 17 aged member of the family or household for the profit or
1556215562 18 advantage of respondent or of any other person.
1556315563 19 (11.5) Protection of animals. Grant the petitioner the
1556415564 20 exclusive care, custody, or control of any animal owned,
1556515565 21 possessed, leased, kept, or held by either the petitioner
1556615566 22 or the respondent or a minor child residing in the
1556715567 23 residence or household of either the petitioner or the
1556815568 24 respondent and order the respondent to stay away from the
1556915569 25 animal and forbid the respondent from taking,
1557015570 26 transferring, encumbering, concealing, harming, or
1557115571
1557215572
1557315573
1557415574
1557515575
1557615576 HB2922 - 435 - LRB103 27829 RLC 54207 b
1557715577
1557815578
1557915579 HB2922- 436 -LRB103 27829 RLC 54207 b HB2922 - 436 - LRB103 27829 RLC 54207 b
1558015580 HB2922 - 436 - LRB103 27829 RLC 54207 b
1558115581 1 otherwise disposing of the animal.
1558215582 2 (12) Order for payment of support. Order respondent to
1558315583 3 pay temporary support for the petitioner or any child in
1558415584 4 the petitioner's care or over whom the petitioner has been
1558515585 5 allocated parental responsibility, when the respondent has
1558615586 6 a legal obligation to support that person, in accordance
1558715587 7 with the Illinois Marriage and Dissolution of Marriage
1558815588 8 Act, which shall govern, among other matters, the amount
1558915589 9 of support, payment through the clerk and withholding of
1559015590 10 income to secure payment. An order for child support may
1559115591 11 be granted to a petitioner with lawful physical care of a
1559215592 12 child, or an order or agreement for physical care of a
1559315593 13 child, prior to entry of an order allocating significant
1559415594 14 decision-making responsibility. Such a support order shall
1559515595 15 expire upon entry of a valid order allocating parental
1559615596 16 responsibility differently and vacating the petitioner's
1559715597 17 significant decision-making authority, unless otherwise
1559815598 18 provided in the order.
1559915599 19 (13) Order for payment of losses. Order respondent to
1560015600 20 pay petitioner for losses suffered as a direct result of
1560115601 21 the abuse, neglect, or exploitation. Such losses shall
1560215602 22 include, but not be limited to, medical expenses, lost
1560315603 23 earnings or other support, repair or replacement of
1560415604 24 property damaged or taken, reasonable attorney's fees,
1560515605 25 court costs and moving or other travel expenses, including
1560615606 26 additional reasonable expenses for temporary shelter and
1560715607
1560815608
1560915609
1561015610
1561115611
1561215612 HB2922 - 436 - LRB103 27829 RLC 54207 b
1561315613
1561415614
1561515615 HB2922- 437 -LRB103 27829 RLC 54207 b HB2922 - 437 - LRB103 27829 RLC 54207 b
1561615616 HB2922 - 437 - LRB103 27829 RLC 54207 b
1561715617 1 restaurant meals.
1561815618 2 (i) Losses affecting family needs. If a party is
1561915619 3 entitled to seek maintenance, child support or
1562015620 4 property distribution from the other party under the
1562115621 5 Illinois Marriage and Dissolution of Marriage Act, as
1562215622 6 now or hereafter amended, the court may order
1562315623 7 respondent to reimburse petitioner's actual losses, to
1562415624 8 the extent that such reimbursement would be
1562515625 9 "appropriate temporary relief", as authorized by
1562615626 10 subsection (a)(3) of Section 501 of that Act.
1562715627 11 (ii) Recovery of expenses. In the case of an
1562815628 12 improper concealment or removal of a minor child, the
1562915629 13 court may order respondent to pay the reasonable
1563015630 14 expenses incurred or to be incurred in the search for
1563115631 15 and recovery of the minor child, including but not
1563215632 16 limited to legal fees, court costs, private
1563315633 17 investigator fees, and travel costs.
1563415634 18 (14) Prohibition of entry. Prohibit the respondent
1563515635 19 from entering or remaining in the residence or household
1563615636 20 while the respondent is under the influence of alcohol or
1563715637 21 drugs and constitutes a threat to the safety and
1563815638 22 well-being of the petitioner or the petitioner's children.
1563915639 23 (14.5) Prohibition of firearm possession.
1564015640 24 (a) Prohibit a respondent against whom an order of
1564115641 25 protection was issued from possessing any firearms
1564215642 26 during the duration of the order if the order:
1564315643
1564415644
1564515645
1564615646
1564715647
1564815648 HB2922 - 437 - LRB103 27829 RLC 54207 b
1564915649
1565015650
1565115651 HB2922- 438 -LRB103 27829 RLC 54207 b HB2922 - 438 - LRB103 27829 RLC 54207 b
1565215652 HB2922 - 438 - LRB103 27829 RLC 54207 b
1565315653 1 (1) was issued after a hearing of which such
1565415654 2 person received actual notice, and at which such
1565515655 3 person had an opportunity to participate;
1565615656 4 (2) restrains such person from harassing,
1565715657 5 stalking, or threatening an intimate partner of
1565815658 6 such person or child of such intimate partner or
1565915659 7 person, or engaging in other conduct that would
1566015660 8 place an intimate partner in reasonable fear of
1566115661 9 bodily injury to the partner or child; and
1566215662 10 (3)(i) includes a finding that such person
1566315663 11 represents a credible threat to the physical
1566415664 12 safety of such intimate partner or child; or (ii)
1566515665 13 by its terms explicitly prohibits the use,
1566615666 14 attempted use, or threatened use of physical force
1566715667 15 against such intimate partner or child that would
1566815668 16 reasonably be expected to cause bodily injury.
1566915669 17 Any Firearm Owner's Identification Card in the
1567015670 18 possession of the respondent, except as provided in
1567115671 19 subsection (b), shall be ordered by the court to be
1567215672 20 turned over to the local law enforcement agency. The
1567315673 21 local law enforcement agency shall immediately mail
1567415674 22 the card to the Illinois State Police Firearm Owner's
1567515675 23 Identification Card Office for safekeeping. The court
1567615676 24 shall issue a warrant for seizure of any firearm in the
1567715677 25 possession of the respondent, to be kept by the local
1567815678 26 law enforcement agency for safekeeping, except as
1567915679
1568015680
1568115681
1568215682
1568315683
1568415684 HB2922 - 438 - LRB103 27829 RLC 54207 b
1568515685
1568615686
1568715687 HB2922- 439 -LRB103 27829 RLC 54207 b HB2922 - 439 - LRB103 27829 RLC 54207 b
1568815688 HB2922 - 439 - LRB103 27829 RLC 54207 b
1568915689 1 provided in subsection (b). The period of safekeeping
1569015690 2 shall be for the duration of the order of protection.
1569115691 3 The firearm or firearms and Firearm Owner's
1569215692 4 Identification Card, if unexpired, shall at the
1569315693 5 respondent's request, be returned to the respondent at
1569415694 6 the end of the order of protection. It is the
1569515695 7 respondent's responsibility to notify the Illinois
1569615696 8 State Police Firearm Owner's Identification Card
1569715697 9 Office.
1569815698 10 (b) If the respondent is a peace officer as
1569915699 11 defined in Section 2-13 of the Criminal Code of 2012,
1570015700 12 the court shall order that any firearms used by the
1570115701 13 respondent in the performance of his or her duties as a
1570215702 14 peace officer be surrendered to the chief law
1570315703 15 enforcement executive of the agency in which the
1570415704 16 respondent is employed, who shall retain the firearms
1570515705 17 for safekeeping for the duration of the order of
1570615706 18 protection.
1570715707 19 (c) Upon expiration of the period of safekeeping,
1570815708 20 if the firearms or Firearm Owner's Identification Card
1570915709 21 cannot be returned to respondent because respondent
1571015710 22 cannot be located, fails to respond to requests to
1571115711 23 retrieve the firearms, or is not lawfully eligible to
1571215712 24 possess a firearm, upon petition from the local law
1571315713 25 enforcement agency, the court may order the local law
1571415714 26 enforcement agency to destroy the firearms, use the
1571515715
1571615716
1571715717
1571815718
1571915719
1572015720 HB2922 - 439 - LRB103 27829 RLC 54207 b
1572115721
1572215722
1572315723 HB2922- 440 -LRB103 27829 RLC 54207 b HB2922 - 440 - LRB103 27829 RLC 54207 b
1572415724 HB2922 - 440 - LRB103 27829 RLC 54207 b
1572515725 1 firearms for training purposes, or for any other
1572615726 2 application as deemed appropriate by the local law
1572715727 3 enforcement agency; or that the firearms be turned
1572815728 4 over to a third party who is lawfully eligible to
1572915729 5 possess firearms, and who does not reside with
1573015730 6 respondent.
1573115731 7 (15) Prohibition of access to records. If an order of
1573215732 8 protection prohibits respondent from having contact with
1573315733 9 the minor child, or if petitioner's address is omitted
1573415734 10 under subsection (b) of Section 203, or if necessary to
1573515735 11 prevent abuse or wrongful removal or concealment of a
1573615736 12 minor child, the order shall deny respondent access to,
1573715737 13 and prohibit respondent from inspecting, obtaining, or
1573815738 14 attempting to inspect or obtain, school or any other
1573915739 15 records of the minor child who is in the care of
1574015740 16 petitioner.
1574115741 17 (16) Order for payment of shelter services. Order
1574215742 18 respondent to reimburse a shelter providing temporary
1574315743 19 housing and counseling services to the petitioner for the
1574415744 20 cost of the services, as certified by the shelter and
1574515745 21 deemed reasonable by the court.
1574615746 22 (17) Order for injunctive relief. Enter injunctive
1574715747 23 relief necessary or appropriate to prevent further abuse
1574815748 24 of a family or household member or further abuse, neglect,
1574915749 25 or exploitation of a high-risk adult with disabilities or
1575015750 26 to effectuate one of the granted remedies, if supported by
1575115751
1575215752
1575315753
1575415754
1575515755
1575615756 HB2922 - 440 - LRB103 27829 RLC 54207 b
1575715757
1575815758
1575915759 HB2922- 441 -LRB103 27829 RLC 54207 b HB2922 - 441 - LRB103 27829 RLC 54207 b
1576015760 HB2922 - 441 - LRB103 27829 RLC 54207 b
1576115761 1 the balance of hardships. If the harm to be prevented by
1576215762 2 the injunction is abuse or any other harm that one of the
1576315763 3 remedies listed in paragraphs (1) through (16) of this
1576415764 4 subsection is designed to prevent, no further evidence is
1576515765 5 necessary that the harm is an irreparable injury.
1576615766 6 (18) Telephone services.
1576715767 7 (A) Unless a condition described in subparagraph
1576815768 8 (B) of this paragraph exists, the court may, upon
1576915769 9 request by the petitioner, order a wireless telephone
1577015770 10 service provider to transfer to the petitioner the
1577115771 11 right to continue to use a telephone number or numbers
1577215772 12 indicated by the petitioner and the financial
1577315773 13 responsibility associated with the number or numbers,
1577415774 14 as set forth in subparagraph (C) of this paragraph.
1577515775 15 For purposes of this paragraph (18), the term
1577615776 16 "wireless telephone service provider" means a provider
1577715777 17 of commercial mobile service as defined in 47 U.S.C.
1577815778 18 332. The petitioner may request the transfer of each
1577915779 19 telephone number that the petitioner, or a minor child
1578015780 20 in his or her custody, uses. The clerk of the court
1578115781 21 shall serve the order on the wireless telephone
1578215782 22 service provider's agent for service of process
1578315783 23 provided to the Illinois Commerce Commission. The
1578415784 24 order shall contain all of the following:
1578515785 25 (i) The name and billing telephone number of
1578615786 26 the account holder including the name of the
1578715787
1578815788
1578915789
1579015790
1579115791
1579215792 HB2922 - 441 - LRB103 27829 RLC 54207 b
1579315793
1579415794
1579515795 HB2922- 442 -LRB103 27829 RLC 54207 b HB2922 - 442 - LRB103 27829 RLC 54207 b
1579615796 HB2922 - 442 - LRB103 27829 RLC 54207 b
1579715797 1 wireless telephone service provider that serves
1579815798 2 the account.
1579915799 3 (ii) Each telephone number that will be
1580015800 4 transferred.
1580115801 5 (iii) A statement that the provider transfers
1580215802 6 to the petitioner all financial responsibility for
1580315803 7 and right to the use of any telephone number
1580415804 8 transferred under this paragraph.
1580515805 9 (B) A wireless telephone service provider shall
1580615806 10 terminate the respondent's use of, and shall transfer
1580715807 11 to the petitioner use of, the telephone number or
1580815808 12 numbers indicated in subparagraph (A) of this
1580915809 13 paragraph unless it notifies the petitioner, within 72
1581015810 14 hours after it receives the order, that one of the
1581115811 15 following applies:
1581215812 16 (i) The account holder named in the order has
1581315813 17 terminated the account.
1581415814 18 (ii) A difference in network technology would
1581515815 19 prevent or impair the functionality of a device on
1581615816 20 a network if the transfer occurs.
1581715817 21 (iii) The transfer would cause a geographic or
1581815818 22 other limitation on network or service provision
1581915819 23 to the petitioner.
1582015820 24 (iv) Another technological or operational
1582115821 25 issue would prevent or impair the use of the
1582215822 26 telephone number if the transfer occurs.
1582315823
1582415824
1582515825
1582615826
1582715827
1582815828 HB2922 - 442 - LRB103 27829 RLC 54207 b
1582915829
1583015830
1583115831 HB2922- 443 -LRB103 27829 RLC 54207 b HB2922 - 443 - LRB103 27829 RLC 54207 b
1583215832 HB2922 - 443 - LRB103 27829 RLC 54207 b
1583315833 1 (C) The petitioner assumes all financial
1583415834 2 responsibility for and right to the use of any
1583515835 3 telephone number transferred under this paragraph. In
1583615836 4 this paragraph, "financial responsibility" includes
1583715837 5 monthly service costs and costs associated with any
1583815838 6 mobile device associated with the number.
1583915839 7 (D) A wireless telephone service provider may
1584015840 8 apply to the petitioner its routine and customary
1584115841 9 requirements for establishing an account or
1584215842 10 transferring a number, including requiring the
1584315843 11 petitioner to provide proof of identification,
1584415844 12 financial information, and customer preferences.
1584515845 13 (E) Except for willful or wanton misconduct, a
1584615846 14 wireless telephone service provider is immune from
1584715847 15 civil liability for its actions taken in compliance
1584815848 16 with a court order issued under this paragraph.
1584915849 17 (F) All wireless service providers that provide
1585015850 18 services to residential customers shall provide to the
1585115851 19 Illinois Commerce Commission the name and address of
1585215852 20 an agent for service of orders entered under this
1585315853 21 paragraph (18). Any change in status of the registered
1585415854 22 agent must be reported to the Illinois Commerce
1585515855 23 Commission within 30 days of such change.
1585615856 24 (G) The Illinois Commerce Commission shall
1585715857 25 maintain the list of registered agents for service for
1585815858 26 each wireless telephone service provider on the
1585915859
1586015860
1586115861
1586215862
1586315863
1586415864 HB2922 - 443 - LRB103 27829 RLC 54207 b
1586515865
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1586915869 1 Commission's website. The Commission may consult with
1587015870 2 wireless telephone service providers and the Circuit
1587115871 3 Court Clerks on the manner in which this information
1587215872 4 is provided and displayed.
1587315873 5 (c) Relevant factors; findings.
1587415874 6 (1) In determining whether to grant a specific remedy,
1587515875 7 other than payment of support, the court shall consider
1587615876 8 relevant factors, including but not limited to the
1587715877 9 following:
1587815878 10 (i) the nature, frequency, severity, pattern and
1587915879 11 consequences of the respondent's past abuse, neglect
1588015880 12 or exploitation of the petitioner or any family or
1588115881 13 household member, including the concealment of his or
1588215882 14 her location in order to evade service of process or
1588315883 15 notice, and the likelihood of danger of future abuse,
1588415884 16 neglect, or exploitation to petitioner or any member
1588515885 17 of petitioner's or respondent's family or household;
1588615886 18 and
1588715887 19 (ii) the danger that any minor child will be
1588815888 20 abused or neglected or improperly relocated from the
1588915889 21 jurisdiction, improperly concealed within the State or
1589015890 22 improperly separated from the child's primary
1589115891 23 caretaker.
1589215892 24 (2) In comparing relative hardships resulting to the
1589315893 25 parties from loss of possession of the family home, the
1589415894 26 court shall consider relevant factors, including but not
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1590515905 1 limited to the following:
1590615906 2 (i) availability, accessibility, cost, safety,
1590715907 3 adequacy, location and other characteristics of
1590815908 4 alternate housing for each party and any minor child
1590915909 5 or dependent adult in the party's care;
1591015910 6 (ii) the effect on the party's employment; and
1591115911 7 (iii) the effect on the relationship of the party,
1591215912 8 and any minor child or dependent adult in the party's
1591315913 9 care, to family, school, church and community.
1591415914 10 (3) Subject to the exceptions set forth in paragraph
1591515915 11 (4) of this subsection, the court shall make its findings
1591615916 12 in an official record or in writing, and shall at a minimum
1591715917 13 set forth the following:
1591815918 14 (i) That the court has considered the applicable
1591915919 15 relevant factors described in paragraphs (1) and (2)
1592015920 16 of this subsection.
1592115921 17 (ii) Whether the conduct or actions of respondent,
1592215922 18 unless prohibited, will likely cause irreparable harm
1592315923 19 or continued abuse.
1592415924 20 (iii) Whether it is necessary to grant the
1592515925 21 requested relief in order to protect petitioner or
1592615926 22 other alleged abused persons.
1592715927 23 (4) For purposes of issuing an ex parte emergency
1592815928 24 order of protection, the court, as an alternative to or as
1592915929 25 a supplement to making the findings described in
1593015930 26 paragraphs (c)(3)(i) through (c)(3)(iii) of this
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1594115941 1 subsection, may use the following procedure:
1594215942 2 When a verified petition for an emergency order of
1594315943 3 protection in accordance with the requirements of Sections
1594415944 4 203 and 217 is presented to the court, the court shall
1594515945 5 examine petitioner on oath or affirmation. An emergency
1594615946 6 order of protection shall be issued by the court if it
1594715947 7 appears from the contents of the petition and the
1594815948 8 examination of petitioner that the averments are
1594915949 9 sufficient to indicate abuse by respondent and to support
1595015950 10 the granting of relief under the issuance of the emergency
1595115951 11 order of protection.
1595215952 12 (5) Never married parties. No rights or
1595315953 13 responsibilities for a minor child born outside of
1595415954 14 marriage attach to a putative father until a father and
1595515955 15 child relationship has been established under the Illinois
1595615956 16 Parentage Act of 1984, the Illinois Parentage Act of 2015,
1595715957 17 the Illinois Public Aid Code, Section 12 of the Vital
1595815958 18 Records Act, the Juvenile Court Act of 1987, the Probate
1595915959 19 Act of 1975, the Revised Uniform Reciprocal Enforcement of
1596015960 20 Support Act, the Uniform Interstate Family Support Act,
1596115961 21 the Expedited Child Support Act of 1990, any judicial,
1596215962 22 administrative, or other act of another state or
1596315963 23 territory, any other Illinois statute, or by any foreign
1596415964 24 nation establishing the father and child relationship, any
1596515965 25 other proceeding substantially in conformity with the
1596615966 26 Personal Responsibility and Work Opportunity
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1597715977 1 Reconciliation Act of 1996 (Pub. L. 104-193), or where
1597815978 2 both parties appeared in open court or at an
1597915979 3 administrative hearing acknowledging under oath or
1598015980 4 admitting by affirmation the existence of a father and
1598115981 5 child relationship. Absent such an adjudication, finding,
1598215982 6 or acknowledgment, no putative father shall be granted
1598315983 7 temporary allocation of parental responsibilities,
1598415984 8 including parenting time with the minor child, or physical
1598515985 9 care and possession of the minor child, nor shall an order
1598615986 10 of payment for support of the minor child be entered.
1598715987 11 (d) Balance of hardships; findings. If the court finds
1598815988 12 that the balance of hardships does not support the granting of
1598915989 13 a remedy governed by paragraph (2), (3), (10), (11), or (16) of
1599015990 14 subsection (b) of this Section, which may require such
1599115991 15 balancing, the court's findings shall so indicate and shall
1599215992 16 include a finding as to whether granting the remedy will
1599315993 17 result in hardship to respondent that would substantially
1599415994 18 outweigh the hardship to petitioner from denial of the remedy.
1599515995 19 The findings shall be an official record or in writing.
1599615996 20 (e) Denial of remedies. Denial of any remedy shall not be
1599715997 21 based, in whole or in part, on evidence that:
1599815998 22 (1) Respondent has cause for any use of force, unless
1599915999 23 that cause satisfies the standards for justifiable use of
1600016000 24 force provided by Article 7 of the Criminal Code of 2012;
1600116001 25 (2) Respondent was voluntarily intoxicated;
1600216002 26 (3) Petitioner acted in self-defense or defense of
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1601316013 1 another, provided that, if petitioner utilized force, such
1601416014 2 force was justifiable under Article 7 of the Criminal Code
1601516015 3 of 2012;
1601616016 4 (4) Petitioner did not act in self-defense or defense
1601716017 5 of another;
1601816018 6 (5) Petitioner left the residence or household to
1601916019 7 avoid further abuse, neglect, or exploitation by
1602016020 8 respondent;
1602116021 9 (6) Petitioner did not leave the residence or
1602216022 10 household to avoid further abuse, neglect, or exploitation
1602316023 11 by respondent;
1602416024 12 (7) Conduct by any family or household member excused
1602516025 13 the abuse, neglect, or exploitation by respondent, unless
1602616026 14 that same conduct would have excused such abuse, neglect,
1602716027 15 or exploitation if the parties had not been family or
1602816028 16 household members.
1602916029 17 (Source: P.A. 102-538, eff. 8-20-21.)
1603016030 18 Section 110. The Uniform Disposition of Unclaimed Property
1603116031 19 Act is amended by changing Section 1 as follows:
1603216032 20 (765 ILCS 1025/1) (from Ch. 141, par. 101)
1603316033 21 Sec. 1. As used in this Act, unless the context otherwise
1603416034 22 requires:
1603516035 23 (a) "Banking organization" means any bank, trust company,
1603616036 24 savings bank, industrial bank, land bank, safe deposit
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1604716047 1 company, or a private banker.
1604816048 2 (b) "Business association" means any corporation, joint
1604916049 3 stock company, business trust, partnership, or any
1605016050 4 association, limited liability company, or other business
1605116051 5 entity consisting of one or more persons, whether or not for
1605216052 6 profit.
1605316053 7 (c) "Financial organization" means any savings and loan
1605416054 8 association, building and loan association, credit union,
1605516055 9 currency exchange, co-operative bank, mutual funds, or
1605616056 10 investment company.
1605716057 11 (d) "Holder" means any person in possession of property
1605816058 12 subject to this Act belonging to another, or who is trustee in
1605916059 13 case of a trust, or is indebted to another on an obligation
1606016060 14 subject to this Act.
1606116061 15 (e) "Life insurance corporation" means any association or
1606216062 16 corporation transacting the business of insurance on the lives
1606316063 17 of persons or insurance appertaining thereto, including, but
1606416064 18 not by way of limitation, endowments and annuities.
1606516065 19 (f) "Owner" means a depositor in case of a deposit, a
1606616066 20 beneficiary in case of a trust, a creditor, claimant, or payee
1606716067 21 in case of other property, or any person having a legal or
1606816068 22 equitable interest in property subject to this Act, or his
1606916069 23 legal representative.
1607016070 24 (g) "Person" means any individual, business association,
1607116071 25 financial organization, government or political subdivision or
1607216072 26 agency, public authority, estate, trust, or any other legal or
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1608316083 1 commercial entity.
1608416084 2 (h) "Utility" means any person who owns or operates, for
1608516085 3 public use, any plant, equipment, property, franchise, or
1608616086 4 license for the transmission of communications or the
1608716087 5 production, storage, transmission, sale, delivery, or
1608816088 6 furnishing of electricity, water, steam, oil or gas.
1608916089 7 (i) (Blank).
1609016090 8 (j) "Insurance company" means any person transacting the
1609116091 9 kinds of business enumerated in Section 4 of the Illinois
1609216092 10 Insurance Code other than life insurance.
1609316093 11 (k) "Economic loss", as used in Sections 2a and 9 of this
1609416094 12 Act includes, but is not limited to, delivery charges,
1609516095 13 mark-downs and write-offs, carrying costs, restocking charges,
1609616096 14 lay-aways, special orders, issuance of credit memos, and the
1609716097 15 costs of special services or goods provided that reduce the
1609816098 16 property value or that result in lost sales opportunity.
1609916099 17 (l) "Reportable property" means property, tangible or
1610016100 18 intangible, presumed abandoned under this Act that must be
1610116101 19 appropriately and timely reported and remitted to the Office
1610216102 20 of the State Treasurer under this Act. Interest, dividends,
1610316103 21 stock splits, warrants, or other rights that become reportable
1610416104 22 property under this Act include the underlying security or
1610516105 23 commodity giving rise to the interest, dividend, split,
1610616106 24 warrant, or other right to which the owner would be entitled.
1610716107 25 (m) "Firearm" has the meaning ascribed to that term in
1610816108 26 Section 2-7.5 of the Criminal Code of 2012 the Firearm Owners
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1611916119 1 Identification Card Act.
1612016120 2 (Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99;
1612116121 3 91-748, eff. 6-2-00.)
1612216122 4 Section 115. The Revised Uniform Unclaimed Property Act is
1612316123 5 amended by changing Section 15-705 as follows:
1612416124 6 (765 ILCS 1026/15-705)
1612516125 7 Sec. 15-705. Exceptions to the sale of tangible property.
1612616126 8 The administrator shall dispose of tangible property
1612716127 9 identified by this Section in accordance with this Section.
1612816128 10 (a) Military medals or decorations. The administrator may
1612916129 11 not sell a medal or decoration awarded for military service in
1613016130 12 the armed forces of the United States. Instead, the
1613116131 13 administrator, with the consent of the respective organization
1613216132 14 under paragraph (1), agency under paragraph (2), or entity
1613316133 15 under paragraph (3), may deliver a medal or decoration to be
1613416134 16 held in custody for the owner, to:
1613516135 17 (1) a military veterans organization qualified under
1613616136 18 Section 501(c)(19) of the Internal Revenue Code;
1613716137 19 (2) the agency that awarded the medal or decoration;
1613816138 20 or
1613916139 21 (3) a governmental entity.
1614016140 22 After delivery, the administrator is not responsible for
1614116141 23 the safekeeping of the medal or decoration.
1614216142 24 (b) Property with historical value. Property that the
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1615316153 1 administrator reasonably believes may have historical value
1615416154 2 may be, at his or her discretion, loaned to an accredited
1615516155 3 museum in the United States where it will be kept until such
1615616156 4 time as the administrator orders it to be returned to his or
1615716157 5 her custody.
1615816158 6 (c) Human remains. If human remains are delivered to the
1615916159 7 administrator under this Act, the administrator shall deliver
1616016160 8 those human remains to the coroner of the county in which the
1616116161 9 human remains were abandoned for disposition under Section
1616216162 10 3-3034 of the Counties Code. The only human remains that may be
1616316163 11 delivered to the administrator under this Act and that the
1616416164 12 administrator may receive are those that are reported and
1616516165 13 delivered as contents of a safe deposit box.
1616616166 14 (d) Evidence in a criminal investigation. Property that
1616716167 15 may have been used in the commission of a crime or that may
1616816168 16 assist in the investigation of a crime, as determined after
1616916169 17 consulting with the Illinois State Police, shall be delivered
1617016170 18 to the Illinois State Police or other appropriate law
1617116171 19 enforcement authority to allow law enforcement to determine
1617216172 20 whether a criminal investigation should take place. Any such
1617316173 21 property delivered to a law enforcement authority shall be
1617416174 22 held in accordance with existing statutes and rules related to
1617516175 23 the gathering, retention, and release of evidence.
1617616176 24 (e) Firearms.
1617716177 25 (1) The administrator, in cooperation with the
1617816178 26 Illinois State Police, shall develop a procedure to
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1618916189 1 determine whether a firearm delivered to the administrator
1619016190 2 under this Act has been stolen or used in the commission of
1619116191 3 a crime. The Illinois State Police shall determine the
1619216192 4 appropriate disposition of a firearm that has been stolen
1619316193 5 or used in the commission of a crime. The administrator
1619416194 6 shall attempt to return a firearm that has not been stolen
1619516195 7 or used in the commission of a crime to the rightful owner
1619616196 8 if the Illinois State Police determines that the owner may
1619716197 9 lawfully possess the firearm.
1619816198 10 (2) If the administrator is unable to return a firearm
1619916199 11 to its owner, the administrator shall transfer custody of
1620016200 12 the firearm to the Illinois State Police. Legal title to a
1620116201 13 firearm transferred to the Illinois State Police under
1620216202 14 this subsection (e) is vested in the Illinois State Police
1620316203 15 by operation of law if:
1620416204 16 (i) the administrator cannot locate the owner of
1620516205 17 the firearm;
1620616206 18 (ii) the owner of the firearm may not lawfully
1620716207 19 possess the firearm;
1620816208 20 (iii) the apparent owner does not respond to
1620916209 21 notice published under Section 15-503 of this Act; or
1621016210 22 (iv) the apparent owner responds to notice
1621116211 23 published under Section 15-502 and states that he or
1621216212 24 she no longer claims an interest in the firearm.
1621316213 25 (3) With respect to a firearm whose title is
1621416214 26 transferred to the Illinois State Police under this
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1622516225 1 subsection (e), the Illinois State Police may:
1622616226 2 (i) retain the firearm for use by the crime
1622716227 3 laboratory system, for training purposes, or for any
1622816228 4 other application as deemed appropriate by the
1622916229 5 Department;
1623016230 6 (ii) transfer the firearm to the Illinois State
1623116231 7 Museum if the firearm has historical value; or
1623216232 8 (iii) destroy the firearm if it is not retained
1623316233 9 pursuant to subparagraph (i) or transferred pursuant
1623416234 10 to subparagraph (ii).
1623516235 11 As used in this subsection, "firearm" has the meaning
1623616236 12 provided in Section 2-7.5 of the Criminal Code of 2012 the
1623716237 13 Firearm Owners Identification Card Act.
1623816238 14 (Source: P.A. 102-538, eff. 8-20-21.)
1623916239 15 Section 195. No acceleration or delay. Where this Act
1624016240 16 makes changes in a statute that is represented in this Act by
1624116241 17 text that is not yet or no longer in effect (for example, a
1624216242 18 Section represented by multiple versions), the use of that
1624316243 19 text does not accelerate or delay the taking effect of (i) the
1624416244 20 changes made by this Act or (ii) provisions derived from any
1624516245 21 other Public Act.
1624616246 22 Section 999. Effective date. This Act takes effect upon
1624716247 23 becoming law.
1624816248 HB2922- 455 -LRB103 27829 RLC 54207 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 120/2from Ch. 102, par. 42 4 5 ILCS 140/7.5 5 5 ILCS 805/156 5 ILCS 830/10-57 5 ILCS 840/40 8 20 ILCS 2605/2605-10was 20 ILCS 2605/55a in part 9 20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5 10 20 ILCS 2605/2605-200was 20 ILCS 2605/55a in part 11 20 ILCS 2605/2605-59512 20 ILCS 2605/2605-120 rep.13 20 ILCS 2605/2605-304 rep.14 20 ILCS 2630/2.215 20 ILCS 3930/7.916 30 ILCS 105/6z-9917 30 ILCS 105/6z-127 18 30 ILCS 500/1-10 19 30 ILCS 715/3from Ch. 56 1/2, par. 1703 20 50 ILCS 710/1from Ch. 85, par. 515 21 105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6 22 105 ILCS 5/10-27.1A 23 105 ILCS 5/34-8.05 24 225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005 25 225 ILCS 447/35-30 HB2922- 456 -LRB103 27829 RLC 54207 b 1 225 ILCS 447/35-35 2 405 ILCS 5/1-106from Ch. 91 1/2, par. 1-106 3 405 ILCS 5/1-116from Ch. 91 1/2, par. 1-116 4 405 ILCS 5/6-103.15 405 ILCS 5/6-103.26 405 ILCS 5/6-103.3 7 410 ILCS 45/2from Ch. 111 1/2, par. 1302 8 430 ILCS 65/Act rep. 9 430 ILCS 66/2510 430 ILCS 66/3011 430 ILCS 66/4012 430 ILCS 66/6613 430 ILCS 66/7014 430 ILCS 66/8015 430 ILCS 66/10516 430 ILCS 67/35 17 430 ILCS 67/40 18 430 ILCS 68/5-2019 430 ILCS 68/5-2520 430 ILCS 68/5-4021 430 ILCS 68/5-85 22 520 ILCS 5/3.2from Ch. 61, par. 3.2 23 520 ILCS 5/3.2afrom Ch. 61, par. 3.2a 24 720 ILCS 5/2-7.1 25 720 ILCS 5/2-7.5 26 720 ILCS 5/12-3.05was 720 ILCS 5/12-4 HB2922- 457 -LRB103 27829 RLC 54207 b 1 720 ILCS 5/16-0.1 2 720 ILCS 5/17-30was 720 ILCS 5/16C-2 3 720 ILCS 5/24-1from Ch. 38, par. 24-1 4 720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1 5 720 ILCS 5/24-1.66 720 ILCS 5/24-1.87 720 ILCS 5/24-1.98 720 ILCS 5/24-1.109 720 ILCS 5/24-2 10 720 ILCS 5/24-3from Ch. 38, par. 24-3 11 720 ILCS 5/24-3.1from Ch. 38, par. 24-3.1 12 720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2 13 720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4 14 720 ILCS 5/24-3.5 15 720 ILCS 5/24-3B16 720 ILCS 5/24-4.117 720 ILCS 5/24-4.5 new18 720 ILCS 5/24-5.1 19 720 ILCS 5/24-9 20 720 ILCS 646/1021 725 ILCS 5/102-7.1 22 725 ILCS 5/110-10from Ch. 38, par. 110-10 23 725 ILCS 5/112A-11.124 725 ILCS 5/112A-11.2 25 725 ILCS 5/112A-14from Ch. 38, par. 112A-14 26 725 ILCS 5/112A-14.7 HB2922- 458 -LRB103 27829 RLC 54207 b HB2922- 455 -LRB103 27829 RLC 54207 b HB2922 - 455 - LRB103 27829 RLC 54207 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 120/2 from Ch. 102, par. 42 4 5 ILCS 140/7.5 5 5 ILCS 805/15 6 5 ILCS 830/10-5 7 5 ILCS 840/40 8 20 ILCS 2605/2605-10 was 20 ILCS 2605/55a in part 9 20 ILCS 2605/2605-45 was 20 ILCS 2605/55a-5 10 20 ILCS 2605/2605-200 was 20 ILCS 2605/55a in part 11 20 ILCS 2605/2605-595 12 20 ILCS 2605/2605-120 rep. 13 20 ILCS 2605/2605-304 rep. 14 20 ILCS 2630/2.2 15 20 ILCS 3930/7.9 16 30 ILCS 105/6z-99 17 30 ILCS 105/6z-127 18 30 ILCS 500/1-10 19 30 ILCS 715/3 from Ch. 56 1/2, par. 1703 20 50 ILCS 710/1 from Ch. 85, par. 515 21 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6 22 105 ILCS 5/10-27.1A 23 105 ILCS 5/34-8.05 24 225 ILCS 210/2005 from Ch. 96 1/2, par. 1-2005 25 225 ILCS 447/35-30 HB2922- 456 -LRB103 27829 RLC 54207 b HB2922 - 456 - LRB103 27829 RLC 54207 b 1 225 ILCS 447/35-35 2 405 ILCS 5/1-106 from Ch. 91 1/2, par. 1-106 3 405 ILCS 5/1-116 from Ch. 91 1/2, par. 1-116 4 405 ILCS 5/6-103.1 5 405 ILCS 5/6-103.2 6 405 ILCS 5/6-103.3 7 410 ILCS 45/2 from Ch. 111 1/2, par. 1302 8 430 ILCS 65/Act rep. 9 430 ILCS 66/25 10 430 ILCS 66/30 11 430 ILCS 66/40 12 430 ILCS 66/66 13 430 ILCS 66/70 14 430 ILCS 66/80 15 430 ILCS 66/105 16 430 ILCS 67/35 17 430 ILCS 67/40 18 430 ILCS 68/5-20 19 430 ILCS 68/5-25 20 430 ILCS 68/5-40 21 430 ILCS 68/5-85 22 520 ILCS 5/3.2 from Ch. 61, par. 3.2 23 520 ILCS 5/3.2a from Ch. 61, par. 3.2a 24 720 ILCS 5/2-7.1 25 720 ILCS 5/2-7.5 26 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4 HB2922- 457 -LRB103 27829 RLC 54207 b HB2922 - 457 - LRB103 27829 RLC 54207 b 1 720 ILCS 5/16-0.1 2 720 ILCS 5/17-30 was 720 ILCS 5/16C-2 3 720 ILCS 5/24-1 from Ch. 38, par. 24-1 4 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1 5 720 ILCS 5/24-1.6 6 720 ILCS 5/24-1.8 7 720 ILCS 5/24-1.9 8 720 ILCS 5/24-1.10 9 720 ILCS 5/24-2 10 720 ILCS 5/24-3 from Ch. 38, par. 24-3 11 720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1 12 720 ILCS 5/24-3.2 from Ch. 38, par. 24-3.2 13 720 ILCS 5/24-3.4 from Ch. 38, par. 24-3.4 14 720 ILCS 5/24-3.5 15 720 ILCS 5/24-3B 16 720 ILCS 5/24-4.1 17 720 ILCS 5/24-4.5 new 18 720 ILCS 5/24-5.1 19 720 ILCS 5/24-9 20 720 ILCS 646/10 21 725 ILCS 5/102-7.1 22 725 ILCS 5/110-10 from Ch. 38, par. 110-10 23 725 ILCS 5/112A-11.1 24 725 ILCS 5/112A-11.2 25 725 ILCS 5/112A-14 from Ch. 38, par. 112A-14 26 725 ILCS 5/112A-14.7 HB2922- 458 -LRB103 27829 RLC 54207 b HB2922 - 458 - LRB103 27829 RLC 54207 b
1624916249 HB2922- 455 -LRB103 27829 RLC 54207 b HB2922 - 455 - LRB103 27829 RLC 54207 b
1625016250 HB2922 - 455 - LRB103 27829 RLC 54207 b
1625116251 1 INDEX
1625216252 2 Statutes amended in order of appearance
1625316253 3 5 ILCS 120/2 from Ch. 102, par. 42
1625416254 4 5 ILCS 140/7.5
1625516255 5 5 ILCS 805/15
1625616256 6 5 ILCS 830/10-5
1625716257 7 5 ILCS 840/40
1625816258 8 20 ILCS 2605/2605-10 was 20 ILCS 2605/55a in part
1625916259 9 20 ILCS 2605/2605-45 was 20 ILCS 2605/55a-5
1626016260 10 20 ILCS 2605/2605-200 was 20 ILCS 2605/55a in part
1626116261 11 20 ILCS 2605/2605-595
1626216262 12 20 ILCS 2605/2605-120 rep.
1626316263 13 20 ILCS 2605/2605-304 rep.
1626416264 14 20 ILCS 2630/2.2
1626516265 15 20 ILCS 3930/7.9
1626616266 16 30 ILCS 105/6z-99
1626716267 17 30 ILCS 105/6z-127
1626816268 18 30 ILCS 500/1-10
1626916269 19 30 ILCS 715/3 from Ch. 56 1/2, par. 1703
1627016270 20 50 ILCS 710/1 from Ch. 85, par. 515
1627116271 21 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
1627216272 22 105 ILCS 5/10-27.1A
1627316273 23 105 ILCS 5/34-8.05
1627416274 24 225 ILCS 210/2005 from Ch. 96 1/2, par. 1-2005
1627516275 25 225 ILCS 447/35-30
1627616276 HB2922- 456 -LRB103 27829 RLC 54207 b HB2922 - 456 - LRB103 27829 RLC 54207 b
1627716277 HB2922 - 456 - LRB103 27829 RLC 54207 b
1627816278 1 225 ILCS 447/35-35
1627916279 2 405 ILCS 5/1-106 from Ch. 91 1/2, par. 1-106
1628016280 3 405 ILCS 5/1-116 from Ch. 91 1/2, par. 1-116
1628116281 4 405 ILCS 5/6-103.1
1628216282 5 405 ILCS 5/6-103.2
1628316283 6 405 ILCS 5/6-103.3
1628416284 7 410 ILCS 45/2 from Ch. 111 1/2, par. 1302
1628516285 8 430 ILCS 65/Act rep.
1628616286 9 430 ILCS 66/25
1628716287 10 430 ILCS 66/30
1628816288 11 430 ILCS 66/40
1628916289 12 430 ILCS 66/66
1629016290 13 430 ILCS 66/70
1629116291 14 430 ILCS 66/80
1629216292 15 430 ILCS 66/105
1629316293 16 430 ILCS 67/35
1629416294 17 430 ILCS 67/40
1629516295 18 430 ILCS 68/5-20
1629616296 19 430 ILCS 68/5-25
1629716297 20 430 ILCS 68/5-40
1629816298 21 430 ILCS 68/5-85
1629916299 22 520 ILCS 5/3.2 from Ch. 61, par. 3.2
1630016300 23 520 ILCS 5/3.2a from Ch. 61, par. 3.2a
1630116301 24 720 ILCS 5/2-7.1
1630216302 25 720 ILCS 5/2-7.5
1630316303 26 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
1630416304 HB2922- 457 -LRB103 27829 RLC 54207 b HB2922 - 457 - LRB103 27829 RLC 54207 b
1630516305 HB2922 - 457 - LRB103 27829 RLC 54207 b
1630616306 1 720 ILCS 5/16-0.1
1630716307 2 720 ILCS 5/17-30 was 720 ILCS 5/16C-2
1630816308 3 720 ILCS 5/24-1 from Ch. 38, par. 24-1
1630916309 4 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
1631016310 5 720 ILCS 5/24-1.6
1631116311 6 720 ILCS 5/24-1.8
1631216312 7 720 ILCS 5/24-1.9
1631316313 8 720 ILCS 5/24-1.10
1631416314 9 720 ILCS 5/24-2
1631516315 10 720 ILCS 5/24-3 from Ch. 38, par. 24-3
1631616316 11 720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1
1631716317 12 720 ILCS 5/24-3.2 from Ch. 38, par. 24-3.2
1631816318 13 720 ILCS 5/24-3.4 from Ch. 38, par. 24-3.4
1631916319 14 720 ILCS 5/24-3.5
1632016320 15 720 ILCS 5/24-3B
1632116321 16 720 ILCS 5/24-4.1
1632216322 17 720 ILCS 5/24-4.5 new
1632316323 18 720 ILCS 5/24-5.1
1632416324 19 720 ILCS 5/24-9
1632516325 20 720 ILCS 646/10
1632616326 21 725 ILCS 5/102-7.1
1632716327 22 725 ILCS 5/110-10 from Ch. 38, par. 110-10
1632816328 23 725 ILCS 5/112A-11.1
1632916329 24 725 ILCS 5/112A-11.2
1633016330 25 725 ILCS 5/112A-14 from Ch. 38, par. 112A-14
1633116331 26 725 ILCS 5/112A-14.7
1633216332 HB2922- 458 -LRB103 27829 RLC 54207 b HB2922 - 458 - LRB103 27829 RLC 54207 b
1633316333 HB2922 - 458 - LRB103 27829 RLC 54207 b
1633416334
1633516335
1633616336
1633716337
1633816338
1633916339 HB2922 - 454 - LRB103 27829 RLC 54207 b
1634016340
1634116341
1634216342
1634316343 HB2922- 455 -LRB103 27829 RLC 54207 b HB2922 - 455 - LRB103 27829 RLC 54207 b
1634416344 HB2922 - 455 - LRB103 27829 RLC 54207 b
1634516345 1 INDEX
1634616346 2 Statutes amended in order of appearance
1634716347 3 5 ILCS 120/2 from Ch. 102, par. 42
1634816348 4 5 ILCS 140/7.5
1634916349 5 5 ILCS 805/15
1635016350 6 5 ILCS 830/10-5
1635116351 7 5 ILCS 840/40
1635216352 8 20 ILCS 2605/2605-10 was 20 ILCS 2605/55a in part
1635316353 9 20 ILCS 2605/2605-45 was 20 ILCS 2605/55a-5
1635416354 10 20 ILCS 2605/2605-200 was 20 ILCS 2605/55a in part
1635516355 11 20 ILCS 2605/2605-595
1635616356 12 20 ILCS 2605/2605-120 rep.
1635716357 13 20 ILCS 2605/2605-304 rep.
1635816358 14 20 ILCS 2630/2.2
1635916359 15 20 ILCS 3930/7.9
1636016360 16 30 ILCS 105/6z-99
1636116361 17 30 ILCS 105/6z-127
1636216362 18 30 ILCS 500/1-10
1636316363 19 30 ILCS 715/3 from Ch. 56 1/2, par. 1703
1636416364 20 50 ILCS 710/1 from Ch. 85, par. 515
1636516365 21 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
1636616366 22 105 ILCS 5/10-27.1A
1636716367 23 105 ILCS 5/34-8.05
1636816368 24 225 ILCS 210/2005 from Ch. 96 1/2, par. 1-2005
1636916369 25 225 ILCS 447/35-30
1637016370
1637116371
1637216372
1637316373
1637416374
1637516375 HB2922 - 455 - LRB103 27829 RLC 54207 b
1637616376
1637716377
1637816378 HB2922- 456 -LRB103 27829 RLC 54207 b HB2922 - 456 - LRB103 27829 RLC 54207 b
1637916379 HB2922 - 456 - LRB103 27829 RLC 54207 b
1638016380 1 225 ILCS 447/35-35
1638116381 2 405 ILCS 5/1-106 from Ch. 91 1/2, par. 1-106
1638216382 3 405 ILCS 5/1-116 from Ch. 91 1/2, par. 1-116
1638316383 4 405 ILCS 5/6-103.1
1638416384 5 405 ILCS 5/6-103.2
1638516385 6 405 ILCS 5/6-103.3
1638616386 7 410 ILCS 45/2 from Ch. 111 1/2, par. 1302
1638716387 8 430 ILCS 65/Act rep.
1638816388 9 430 ILCS 66/25
1638916389 10 430 ILCS 66/30
1639016390 11 430 ILCS 66/40
1639116391 12 430 ILCS 66/66
1639216392 13 430 ILCS 66/70
1639316393 14 430 ILCS 66/80
1639416394 15 430 ILCS 66/105
1639516395 16 430 ILCS 67/35
1639616396 17 430 ILCS 67/40
1639716397 18 430 ILCS 68/5-20
1639816398 19 430 ILCS 68/5-25
1639916399 20 430 ILCS 68/5-40
1640016400 21 430 ILCS 68/5-85
1640116401 22 520 ILCS 5/3.2 from Ch. 61, par. 3.2
1640216402 23 520 ILCS 5/3.2a from Ch. 61, par. 3.2a
1640316403 24 720 ILCS 5/2-7.1
1640416404 25 720 ILCS 5/2-7.5
1640516405 26 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4
1640616406
1640716407
1640816408
1640916409
1641016410
1641116411 HB2922 - 456 - LRB103 27829 RLC 54207 b
1641216412
1641316413
1641416414 HB2922- 457 -LRB103 27829 RLC 54207 b HB2922 - 457 - LRB103 27829 RLC 54207 b
1641516415 HB2922 - 457 - LRB103 27829 RLC 54207 b
1641616416 1 720 ILCS 5/16-0.1
1641716417 2 720 ILCS 5/17-30 was 720 ILCS 5/16C-2
1641816418 3 720 ILCS 5/24-1 from Ch. 38, par. 24-1
1641916419 4 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1
1642016420 5 720 ILCS 5/24-1.6
1642116421 6 720 ILCS 5/24-1.8
1642216422 7 720 ILCS 5/24-1.9
1642316423 8 720 ILCS 5/24-1.10
1642416424 9 720 ILCS 5/24-2
1642516425 10 720 ILCS 5/24-3 from Ch. 38, par. 24-3
1642616426 11 720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1
1642716427 12 720 ILCS 5/24-3.2 from Ch. 38, par. 24-3.2
1642816428 13 720 ILCS 5/24-3.4 from Ch. 38, par. 24-3.4
1642916429 14 720 ILCS 5/24-3.5
1643016430 15 720 ILCS 5/24-3B
1643116431 16 720 ILCS 5/24-4.1
1643216432 17 720 ILCS 5/24-4.5 new
1643316433 18 720 ILCS 5/24-5.1
1643416434 19 720 ILCS 5/24-9
1643516435 20 720 ILCS 646/10
1643616436 21 725 ILCS 5/102-7.1
1643716437 22 725 ILCS 5/110-10 from Ch. 38, par. 110-10
1643816438 23 725 ILCS 5/112A-11.1
1643916439 24 725 ILCS 5/112A-11.2
1644016440 25 725 ILCS 5/112A-14 from Ch. 38, par. 112A-14
1644116441 26 725 ILCS 5/112A-14.7
1644216442
1644316443
1644416444
1644516445
1644616446
1644716447 HB2922 - 457 - LRB103 27829 RLC 54207 b
1644816448
1644916449
1645016450 HB2922- 458 -LRB103 27829 RLC 54207 b HB2922 - 458 - LRB103 27829 RLC 54207 b
1645116451 HB2922 - 458 - LRB103 27829 RLC 54207 b
1645216452
1645316453
1645416454
1645516455
1645616456
1645716457 HB2922 - 458 - LRB103 27829 RLC 54207 b