Illinois 2023-2024 Regular Session

Illinois House Bill HB2999 Compare Versions

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

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2999 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED: 5 ILCS 140/7.5 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/4.1 rep. 720 ILCS 5/24-1 from Ch. 38, par. 24-1 720 ILCS 5/24-1.9 rep.720 ILCS 5/24-1.10 rep. Amends the Criminal Code of 2012. Repeals amendatory provisions of the Criminal Code of 2012 added by Public Act 102-1116 making it unlawful, beginning January 1, 2024, for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions. Repeals provisions added by Public Act 102-1116 that make it unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device, with specified exemptions. Repeals amendatory provisions of the Criminal Code of 2012 that prohibit the manufacture, possession, sale, or offer to sell, purchase, manufacture, import, transfer, or use any device, part, kit, tool, accessory, or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts. Repeals amendatory provisions of the Freedom of Information Act added by Public Act 102-1116 that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately. LRB103 30312 RLC 56740 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2999 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED: 5 ILCS 140/7.5 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/4.1 rep. 720 ILCS 5/24-1 from Ch. 38, par. 24-1 720 ILCS 5/24-1.9 rep.720 ILCS 5/24-1.10 rep. 5 ILCS 140/7.5 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/4.1 rep. 720 ILCS 5/24-1 from Ch. 38, par. 24-1 720 ILCS 5/24-1.9 rep. 720 ILCS 5/24-1.10 rep. Amends the Criminal Code of 2012. Repeals amendatory provisions of the Criminal Code of 2012 added by Public Act 102-1116 making it unlawful, beginning January 1, 2024, for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions. Repeals provisions added by Public Act 102-1116 that make it unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device, with specified exemptions. Repeals amendatory provisions of the Criminal Code of 2012 that prohibit the manufacture, possession, sale, or offer to sell, purchase, manufacture, import, transfer, or use any device, part, kit, tool, accessory, or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts. Repeals amendatory provisions of the Freedom of Information Act added by Public Act 102-1116 that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately. LRB103 30312 RLC 56740 b LRB103 30312 RLC 56740 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2999 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 140/7.5 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/4.1 rep. 720 ILCS 5/24-1 from Ch. 38, par. 24-1 720 ILCS 5/24-1.9 rep.720 ILCS 5/24-1.10 rep. 5 ILCS 140/7.5 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/4.1 rep. 720 ILCS 5/24-1 from Ch. 38, par. 24-1 720 ILCS 5/24-1.9 rep. 720 ILCS 5/24-1.10 rep.
4	4	5 ILCS 140/7.5
5	5	430 ILCS 65/8 from Ch. 38, par. 83-8
6	6	430 ILCS 65/4.1 rep.
7	7	720 ILCS 5/24-1 from Ch. 38, par. 24-1
8	8	720 ILCS 5/24-1.9 rep.
9	9	720 ILCS 5/24-1.10 rep.
10	10	Amends the Criminal Code of 2012. Repeals amendatory provisions of the Criminal Code of 2012 added by Public Act 102-1116 making it unlawful, beginning January 1, 2024, for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions. Repeals provisions added by Public Act 102-1116 that make it unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device, with specified exemptions. Repeals amendatory provisions of the Criminal Code of 2012 that prohibit the manufacture, possession, sale, or offer to sell, purchase, manufacture, import, transfer, or use any device, part, kit, tool, accessory, or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts. Repeals amendatory provisions of the Freedom of Information Act added by Public Act 102-1116 that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately.
11	11	LRB103 30312 RLC 56740 b LRB103 30312 RLC 56740 b
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13	13	A BILL FOR
14	14	HB2999LRB103 30312 RLC 56740 b HB2999 LRB103 30312 RLC 56740 b
15	15	HB2999 LRB103 30312 RLC 56740 b
16	16	1 AN ACT concerning criminal law.
17	17	2 Be it enacted by the People of the State of Illinois,
18	18	3 represented in the General Assembly:
19	19	4 Section 5. The Freedom of Information Act is amended by
20	20	5 changing Section 7.5 as follows:
21	21	6 (5 ILCS 140/7.5)
22	22	7 Sec. 7.5. Statutory exemptions. To the extent provided for
23	23	8 by the statutes referenced below, the following shall be
24	24	9 exempt from inspection and copying:
25	25	10 (a) All information determined to be confidential
26	26	11 under Section 4002 of the Technology Advancement and
27	27	12 Development Act.
28	28	13 (b) Library circulation and order records identifying
29	29	14 library users with specific materials under the Library
30	30	15 Records Confidentiality Act.
31	31	16 (c) Applications, related documents, and medical
32	32	17 records received by the Experimental Organ Transplantation
33	33	18 Procedures Board and any and all documents or other
34	34	19 records prepared by the Experimental Organ Transplantation
35	35	20 Procedures Board or its staff relating to applications it
36	36	21 has received.
37	37	22 (d) Information and records held by the Department of
38	38	23 Public Health and its authorized representatives relating
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42	42	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2999 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED:
43	43	5 ILCS 140/7.5 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/4.1 rep. 720 ILCS 5/24-1 from Ch. 38, par. 24-1 720 ILCS 5/24-1.9 rep.720 ILCS 5/24-1.10 rep. 5 ILCS 140/7.5 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/4.1 rep. 720 ILCS 5/24-1 from Ch. 38, par. 24-1 720 ILCS 5/24-1.9 rep. 720 ILCS 5/24-1.10 rep.
44	44	5 ILCS 140/7.5
45	45	430 ILCS 65/8 from Ch. 38, par. 83-8
46	46	430 ILCS 65/4.1 rep.
47	47	720 ILCS 5/24-1 from Ch. 38, par. 24-1
48	48	720 ILCS 5/24-1.9 rep.
49	49	720 ILCS 5/24-1.10 rep.
50	50	Amends the Criminal Code of 2012. Repeals amendatory provisions of the Criminal Code of 2012 added by Public Act 102-1116 making it unlawful, beginning January 1, 2024, for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions. Repeals provisions added by Public Act 102-1116 that make it unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device, with specified exemptions. Repeals amendatory provisions of the Criminal Code of 2012 that prohibit the manufacture, possession, sale, or offer to sell, purchase, manufacture, import, transfer, or use any device, part, kit, tool, accessory, or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts. Repeals amendatory provisions of the Freedom of Information Act added by Public Act 102-1116 that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately.
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53	53	A BILL FOR
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59	59	5 ILCS 140/7.5
60	60	430 ILCS 65/8 from Ch. 38, par. 83-8
61	61	430 ILCS 65/4.1 rep.
62	62	720 ILCS 5/24-1 from Ch. 38, par. 24-1
63	63	720 ILCS 5/24-1.9 rep.
64	64	720 ILCS 5/24-1.10 rep.
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83	83	1 to known or suspected cases of sexually transmissible
84	84	2 disease or any information the disclosure of which is
85	85	3 restricted under the Illinois Sexually Transmissible
86	86	4 Disease Control Act.
87	87	5 (e) Information the disclosure of which is exempted
88	88	6 under Section 30 of the Radon Industry Licensing Act.
89	89	7 (f) Firm performance evaluations under Section 55 of
90	90	8 the Architectural, Engineering, and Land Surveying
91	91	9 Qualifications Based Selection Act.
92	92	10 (g) Information the disclosure of which is restricted
93	93	11 and exempted under Section 50 of the Illinois Prepaid
94	94	12 Tuition Act.
95	95	13 (h) Information the disclosure of which is exempted
96	96	14 under the State Officials and Employees Ethics Act, and
97	97	15 records of any lawfully created State or local inspector
98	98	16 general's office that would be exempt if created or
99	99	17 obtained by an Executive Inspector General's office under
100	100	18 that Act.
101	101	19 (i) Information contained in a local emergency energy
102	102	20 plan submitted to a municipality in accordance with a
103	103	21 local emergency energy plan ordinance that is adopted
104	104	22 under Section 11-21.5-5 of the Illinois Municipal Code.
105	105	23 (j) Information and data concerning the distribution
106	106	24 of surcharge moneys collected and remitted by carriers
107	107	25 under the Emergency Telephone System Act.
108	108	26 (k) Law enforcement officer identification information
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119	119	1 or driver identification information compiled by a law
120	120	2 enforcement agency or the Department of Transportation
121	121	3 under Section 11-212 of the Illinois Vehicle Code.
122	122	4 (l) Records and information provided to a residential
123	123	5 health care facility resident sexual assault and death
124	124	6 review team or the Executive Council under the Abuse
125	125	7 Prevention Review Team Act.
126	126	8 (m) Information provided to the predatory lending
127	127	9 database created pursuant to Article 3 of the Residential
128	128	10 Real Property Disclosure Act, except to the extent
129	129	11 authorized under that Article.
130	130	12 (n) Defense budgets and petitions for certification of
131	131	13 compensation and expenses for court appointed trial
132	132	14 counsel as provided under Sections 10 and 15 of the
133	133	15 Capital Crimes Litigation Act. This subsection (n) shall
134	134	16 apply until the conclusion of the trial of the case, even
135	135	17 if the prosecution chooses not to pursue the death penalty
136	136	18 prior to trial or sentencing.
137	137	19 (o) Information that is prohibited from being
138	138	20 disclosed under Section 4 of the Illinois Health and
139	139	21 Hazardous Substances Registry Act.
140	140	22 (p) Security portions of system safety program plans,
141	141	23 investigation reports, surveys, schedules, lists, data, or
142	142	24 information compiled, collected, or prepared by or for the
143	143	25 Department of Transportation under Sections 2705-300 and
144	144	26 2705-616 of the Department of Transportation Law of the
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155	155	1 Civil Administrative Code of Illinois, the Regional
156	156	2 Transportation Authority under Section 2.11 of the
157	157	3 Regional Transportation Authority Act, or the St. Clair
158	158	4 County Transit District under the Bi-State Transit Safety
159	159	5 Act.
160	160	6 (q) Information prohibited from being disclosed by the
161	161	7 Personnel Record Review Act.
162	162	8 (r) Information prohibited from being disclosed by the
163	163	9 Illinois School Student Records Act.
164	164	10 (s) Information the disclosure of which is restricted
165	165	11 under Section 5-108 of the Public Utilities Act.
166	166	12 (t) All identified or deidentified health information
167	167	13 in the form of health data or medical records contained
168	168	14 in, stored in, submitted to, transferred by, or released
169	169	15 from the Illinois Health Information Exchange, and
170	170	16 identified or deidentified health information in the form
171	171	17 of health data and medical records of the Illinois Health
172	172	18 Information Exchange in the possession of the Illinois
173	173	19 Health Information Exchange Office due to its
174	174	20 administration of the Illinois Health Information
175	175	21 Exchange. The terms "identified" and "deidentified" shall
176	176	22 be given the same meaning as in the Health Insurance
177	177	23 Portability and Accountability Act of 1996, Public Law
178	178	24 104-191, or any subsequent amendments thereto, and any
179	179	25 regulations promulgated thereunder.
180	180	26 (u) Records and information provided to an independent
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191	191	1 team of experts under the Developmental Disability and
192	192	2 Mental Health Safety Act (also known as Brian's Law).
193	193	3 (v) Names and information of people who have applied
194	194	4 for or received Firearm Owner's Identification Cards under
195	195	5 the Firearm Owners Identification Card Act or applied for
196	196	6 or received a concealed carry license under the Firearm
197	197	7 Concealed Carry Act, unless otherwise authorized by the
198	198	8 Firearm Concealed Carry Act; and databases under the
199	199	9 Firearm Concealed Carry Act, records of the Concealed
200	200	10 Carry Licensing Review Board under the Firearm Concealed
201	201	11 Carry Act, and law enforcement agency objections under the
202	202	12 Firearm Concealed Carry Act.
203	203	13 (v-5) Records of the Firearm Owner's Identification
204	204	14 Card Review Board that are exempted from disclosure under
205	205	15 Section 10 of the Firearm Owners Identification Card Act.
206	206	16 (w) Personally identifiable information which is
207	207	17 exempted from disclosure under subsection (g) of Section
208	208	18 19.1 of the Toll Highway Act.
209	209	19 (x) Information which is exempted from disclosure
210	210	20 under Section 5-1014.3 of the Counties Code or Section
211	211	21 8-11-21 of the Illinois Municipal Code.
212	212	22 (y) Confidential information under the Adult
213	213	23 Protective Services Act and its predecessor enabling
214	214	24 statute, the Elder Abuse and Neglect Act, including
215	215	25 information about the identity and administrative finding
216	216	26 against any caregiver of a verified and substantiated
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227	227	1 decision of abuse, neglect, or financial exploitation of
228	228	2 an eligible adult maintained in the Registry established
229	229	3 under Section 7.5 of the Adult Protective Services Act.
230	230	4 (z) Records and information provided to a fatality
231	231	5 review team or the Illinois Fatality Review Team Advisory
232	232	6 Council under Section 15 of the Adult Protective Services
233	233	7 Act.
234	234	8 (aa) Information which is exempted from disclosure
235	235	9 under Section 2.37 of the Wildlife Code.
236	236	10 (bb) Information which is or was prohibited from
237	237	11 disclosure by the Juvenile Court Act of 1987.
238	238	12 (cc) Recordings made under the Law Enforcement
239	239	13 Officer-Worn Body Camera Act, except to the extent
240	240	14 authorized under that Act.
241	241	15 (dd) Information that is prohibited from being
242	242	16 disclosed under Section 45 of the Condominium and Common
243	243	17 Interest Community Ombudsperson Act.
244	244	18 (ee) Information that is exempted from disclosure
245	245	19 under Section 30.1 of the Pharmacy Practice Act.
246	246	20 (ff) Information that is exempted from disclosure
247	247	21 under the Revised Uniform Unclaimed Property Act.
248	248	22 (gg) Information that is prohibited from being
249	249	23 disclosed under Section 7-603.5 of the Illinois Vehicle
250	250	24 Code.
251	251	25 (hh) Records that are exempt from disclosure under
252	252	26 Section 1A-16.7 of the Election Code.
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263	263	1 (ii) Information which is exempted from disclosure
264	264	2 under Section 2505-800 of the Department of Revenue Law of
265	265	3 the Civil Administrative Code of Illinois.
266	266	4 (jj) Information and reports that are required to be
267	267	5 submitted to the Department of Labor by registering day
268	268	6 and temporary labor service agencies but are exempt from
269	269	7 disclosure under subsection (a-1) of Section 45 of the Day
270	270	8 and Temporary Labor Services Act.
271	271	9 (kk) Information prohibited from disclosure under the
272	272	10 Seizure and Forfeiture Reporting Act.
273	273	11 (ll) Information the disclosure of which is restricted
274	274	12 and exempted under Section 5-30.8 of the Illinois Public
275	275	13 Aid Code.
276	276	14 (mm) Records that are exempt from disclosure under
277	277	15 Section 4.2 of the Crime Victims Compensation Act.
278	278	16 (nn) Information that is exempt from disclosure under
279	279	17 Section 70 of the Higher Education Student Assistance Act.
280	280	18 (oo) Communications, notes, records, and reports
281	281	19 arising out of a peer support counseling session
282	282	20 prohibited from disclosure under the First Responders
283	283	21 Suicide Prevention Act.
284	284	22 (pp) Names and all identifying information relating to
285	285	23 an employee of an emergency services provider or law
286	286	24 enforcement agency under the First Responders Suicide
287	287	25 Prevention Act.
288	288	26 (qq) Information and records held by the Department of
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299	299	1 Public Health and its authorized representatives collected
300	300	2 under the Reproductive Health Act.
301	301	3 (rr) Information that is exempt from disclosure under
302	302	4 the Cannabis Regulation and Tax Act.
303	303	5 (ss) Data reported by an employer to the Department of
304	304	6 Human Rights pursuant to Section 2-108 of the Illinois
305	305	7 Human Rights Act.
306	306	8 (tt) Recordings made under the Children's Advocacy
307	307	9 Center Act, except to the extent authorized under that
308	308	10 Act.
309	309	11 (uu) Information that is exempt from disclosure under
310	310	12 Section 50 of the Sexual Assault Evidence Submission Act.
311	311	13 (vv) Information that is exempt from disclosure under
312	312	14 subsections (f) and (j) of Section 5-36 of the Illinois
313	313	15 Public Aid Code.
314	314	16 (ww) Information that is exempt from disclosure under
315	315	17 Section 16.8 of the State Treasurer Act.
316	316	18 (xx) Information that is exempt from disclosure or
317	317	19 information that shall not be made public under the
318	318	20 Illinois Insurance Code.
319	319	21 (yy) Information prohibited from being disclosed under
320	320	22 the Illinois Educational Labor Relations Act.
321	321	23 (zz) Information prohibited from being disclosed under
322	322	24 the Illinois Public Labor Relations Act.
323	323	25 (aaa) Information prohibited from being disclosed
324	324	26 under Section 1-167 of the Illinois Pension Code.
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335	335	1 (bbb) Information that is prohibited from disclosure
336	336	2 by the Illinois Police Training Act and the Illinois State
337	337	3 Police Act.
338	338	4 (ccc) Records exempt from disclosure under Section
339	339	5 2605-304 of the Illinois State Police Law of the Civil
340	340	6 Administrative Code of Illinois.
341	341	7 (ddd) Information prohibited from being disclosed
342	342	8 under Section 35 of the Address Confidentiality for
343	343	9 Victims of Domestic Violence, Sexual Assault, Human
344	344	10 Trafficking, or Stalking Act.
345	345	11 (eee) Information prohibited from being disclosed
346	346	12 under subsection (b) of Section 75 of the Domestic
347	347	13 Violence Fatality Review Act.
348	348	14 (fff) Images from cameras under the Expressway Camera
349	349	15 Act. This subsection (fff) is inoperative on and after
350	350	16 July 1, 2023.
351	351	17 (ggg) Information prohibited from disclosure under
352	352	18 paragraph (3) of subsection (a) of Section 14 of the Nurse
353	353	19 Agency Licensing Act.
354	354	20 (hhh) Information submitted to the Department of State
355	355	21 Police in an affidavit or application for an assault
356	356	22 weapon endorsement, assault weapon attachment endorsement,
357	357	23 .50 caliber rifle endorsement, or .50 caliber cartridge
358	358	24 endorsement under the Firearm Owners Identification Card
359	359	25 Act.
360	360	26 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
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371	371	1 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
372	372	2 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
373	373	3 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
374	374	4 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
375	375	5 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
376	376	6 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
377	377	7 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
378	378	8 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)
379	379	9 Section 10. The Firearm Owners Identification Card Act is
380	380	10 amended by changing Section 8 as follows:
381	381	11 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
382	382	12 Sec. 8. Grounds for denial and revocation. The Illinois
383	383	13 State Police has authority to deny an application for or to
384	384	14 revoke and seize a Firearm Owner's Identification Card
385	385	15 previously issued under this Act only if the Illinois State
386	386	16 Police finds that the applicant or the person to whom such card
387	387	17 was issued is or was at the time of issuance:
388	388	18 (a) A person under 21 years of age who has been
389	389	19 convicted of a misdemeanor other than a traffic offense or
390	390	20 adjudged delinquent;
391	391	21 (b) This subsection (b) applies through the 180th day
392	392	22 following July 12, 2019 (the effective date of Public Act
393	393	23 101-80). A person under 21 years of age who does not have
394	394	24 the written consent of his parent or guardian to acquire
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405	405	1 and possess firearms and firearm ammunition, or whose
406	406	2 parent or guardian has revoked such written consent, or
407	407	3 where such parent or guardian does not qualify to have a
408	408	4 Firearm Owner's Identification Card;
409	409	5 (b-5) This subsection (b-5) applies on and after the
410	410	6 181st day following July 12, 2019 (the effective date of
411	411	7 Public Act 101-80). A person under 21 years of age who is
412	412	8 not an active duty member of the United States Armed
413	413	9 Forces or the Illinois National Guard and does not have
414	414	10 the written consent of his or her parent or guardian to
415	415	11 acquire and possess firearms and firearm ammunition, or
416	416	12 whose parent or guardian has revoked such written consent,
417	417	13 or where such parent or guardian does not qualify to have a
418	418	14 Firearm Owner's Identification Card;
419	419	15 (c) A person convicted of a felony under the laws of
420	420	16 this or any other jurisdiction;
421	421	17 (d) A person addicted to narcotics;
422	422	18 (e) A person who has been a patient of a mental health
423	423	19 facility within the past 5 years or a person who has been a
424	424	20 patient in a mental health facility more than 5 years ago
425	425	21 who has not received the certification required under
426	426	22 subsection (u) of this Section. An active law enforcement
427	427	23 officer employed by a unit of government or a Department
428	428	24 of Corrections employee authorized to possess firearms who
429	429	25 is denied, revoked, or has his or her Firearm Owner's
430	430	26 Identification Card seized under this subsection (e) may
431	431
432	432
433	433
434	434
435	435
436	436	HB2999 - 11 - LRB103 30312 RLC 56740 b
437	437
438	438
439	439	HB2999- 12 -LRB103 30312 RLC 56740 b HB2999 - 12 - LRB103 30312 RLC 56740 b
440	440	HB2999 - 12 - LRB103 30312 RLC 56740 b
441	441	1 obtain relief as described in subsection (c-5) of Section
442	442	2 10 of this Act if the officer or employee did not act in a
443	443	3 manner threatening to the officer or employee, another
444	444	4 person, or the public as determined by the treating
445	445	5 clinical psychologist or physician, and the officer or
446	446	6 employee seeks mental health treatment;
447	447	7 (f) A person whose mental condition is of such a
448	448	8 nature that it poses a clear and present danger to the
449	449	9 applicant, any other person or persons, or the community;
450	450	10 (g) A person who has an intellectual disability;
451	451	11 (h) A person who intentionally makes a false statement
452	452	12 in the Firearm Owner's Identification Card application or
453	453	13 endorsement affidavit;
454	454	14 (i) A noncitizen who is unlawfully present in the
455	455	15 United States under the laws of the United States;
456	456	16 (i-5) A noncitizen who has been admitted to the United
457	457	17 States under a non-immigrant visa (as that term is defined
458	458	18 in Section 101(a)(26) of the Immigration and Nationality
459	459	19 Act (8 U.S.C. 1101(a)(26))), except that this subsection
460	460	20 (i-5) does not apply to any noncitizen who has been
461	461	21 lawfully admitted to the United States under a
462	462	22 non-immigrant visa if that noncitizen is:
463	463	23 (1) admitted to the United States for lawful
464	464	24 hunting or sporting purposes;
465	465	25 (2) an official representative of a foreign
466	466	26 government who is:
467	467
468	468
469	469
470	470
471	471
472	472	HB2999 - 12 - LRB103 30312 RLC 56740 b
473	473
474	474
475	475	HB2999- 13 -LRB103 30312 RLC 56740 b HB2999 - 13 - LRB103 30312 RLC 56740 b
476	476	HB2999 - 13 - LRB103 30312 RLC 56740 b
477	477	1 (A) accredited to the United States Government
478	478	2 or the Government's mission to an international
479	479	3 organization having its headquarters in the United
480	480	4 States; or
481	481	5 (B) en route to or from another country to
482	482	6 which that noncitizen is accredited;
483	483	7 (3) an official of a foreign government or
484	484	8 distinguished foreign visitor who has been so
485	485	9 designated by the Department of State;
486	486	10 (4) a foreign law enforcement officer of a
487	487	11 friendly foreign government entering the United States
488	488	12 on official business; or
489	489	13 (5) one who has received a waiver from the
490	490	14 Attorney General of the United States pursuant to 18
491	491	15 U.S.C. 922(y)(3);
492	492	16 (j) (Blank);
493	493	17 (k) A person who has been convicted within the past 5
494	494	18 years of battery, assault, aggravated assault, violation
495	495	19 of an order of protection, or a substantially similar
496	496	20 offense in another jurisdiction, in which a firearm was
497	497	21 used or possessed;
498	498	22 (l) A person who has been convicted of domestic
499	499	23 battery, aggravated domestic battery, or a substantially
500	500	24 similar offense in another jurisdiction committed before,
501	501	25 on or after January 1, 2012 (the effective date of Public
502	502	26 Act 97-158). If the applicant or person who has been
503	503
504	504
505	505
506	506
507	507
508	508	HB2999 - 13 - LRB103 30312 RLC 56740 b
509	509
510	510
511	511	HB2999- 14 -LRB103 30312 RLC 56740 b HB2999 - 14 - LRB103 30312 RLC 56740 b
512	512	HB2999 - 14 - LRB103 30312 RLC 56740 b
513	513	1 previously issued a Firearm Owner's Identification Card
514	514	2 under this Act knowingly and intelligently waives the
515	515	3 right to have an offense described in this paragraph (l)
516	516	4 tried by a jury, and by guilty plea or otherwise, results
517	517	5 in a conviction for an offense in which a domestic
518	518	6 relationship is not a required element of the offense but
519	519	7 in which a determination of the applicability of 18 U.S.C.
520	520	8 922(g)(9) is made under Section 112A-11.1 of the Code of
521	521	9 Criminal Procedure of 1963, an entry by the court of a
522	522	10 judgment of conviction for that offense shall be grounds
523	523	11 for denying an application for and for revoking and
524	524	12 seizing a Firearm Owner's Identification Card previously
525	525	13 issued to the person under this Act;
526	526	14 (m) (Blank);
527	527	15 (n) A person who is prohibited from acquiring or
528	528	16 possessing firearms or firearm ammunition by any Illinois
529	529	17 State statute or by federal law;
530	530	18 (o) A minor subject to a petition filed under Section
531	531	19 5-520 of the Juvenile Court Act of 1987 alleging that the
532	532	20 minor is a delinquent minor for the commission of an
533	533	21 offense that if committed by an adult would be a felony;
534	534	22 (p) An adult who had been adjudicated a delinquent
535	535	23 minor under the Juvenile Court Act of 1987 for the
536	536	24 commission of an offense that if committed by an adult
537	537	25 would be a felony;
538	538	26 (q) A person who is not a resident of the State of
539	539
540	540
541	541
542	542
543	543
544	544	HB2999 - 14 - LRB103 30312 RLC 56740 b
545	545
546	546
547	547	HB2999- 15 -LRB103 30312 RLC 56740 b HB2999 - 15 - LRB103 30312 RLC 56740 b
548	548	HB2999 - 15 - LRB103 30312 RLC 56740 b
549	549	1 Illinois, except as provided in subsection (a-10) of
550	550	2 Section 4;
551	551	3 (r) A person who has been adjudicated as a person with
552	552	4 a mental disability;
553	553	5 (s) A person who has been found to have a
554	554	6 developmental disability;
555	555	7 (t) A person involuntarily admitted into a mental
556	556	8 health facility; or
557	557	9 (u) A person who has had his or her Firearm Owner's
558	558	10 Identification Card revoked or denied under subsection (e)
559	559	11 of this Section or item (iv) of paragraph (2) of
560	560	12 subsection (a) of Section 4 of this Act because he or she
561	561	13 was a patient in a mental health facility as provided in
562	562	14 subsection (e) of this Section, shall not be permitted to
563	563	15 obtain a Firearm Owner's Identification Card, after the
564	564	16 5-year period has lapsed, unless he or she has received a
565	565	17 mental health evaluation by a physician, clinical
566	566	18 psychologist, or qualified examiner as those terms are
567	567	19 defined in the Mental Health and Developmental
568	568	20 Disabilities Code, and has received a certification that
569	569	21 he or she is not a clear and present danger to himself,
570	570	22 herself, or others. The physician, clinical psychologist,
571	571	23 or qualified examiner making the certification and his or
572	572	24 her employer shall not be held criminally, civilly, or
573	573	25 professionally liable for making or not making the
574	574	26 certification required under this subsection, except for
575	575
576	576
577	577
578	578
579	579
580	580	HB2999 - 15 - LRB103 30312 RLC 56740 b
581	581
582	582
583	583	HB2999- 16 -LRB103 30312 RLC 56740 b HB2999 - 16 - LRB103 30312 RLC 56740 b
584	584	HB2999 - 16 - LRB103 30312 RLC 56740 b
585	585	1 willful or wanton misconduct. This subsection does not
586	586	2 apply to a person whose firearm possession rights have
587	587	3 been restored through administrative or judicial action
588	588	4 under Section 10 or 11 of this Act.
589	589	5 Upon revocation of a person's Firearm Owner's
590	590	6 Identification Card, the Illinois State Police shall provide
591	591	7 notice to the person and the person shall comply with Section
592	592	8 9.5 of this Act.
593	593	9 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
594	594	10 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
595	595	11 5-27-22; 102-1116, eff. 1-10-23.)
596	596	12 (430 ILCS 65/4.1 rep.)
597	597	13 Section 15. The Firearm Owners Identification Card Act is
598	598	14 amended by repealing Section 4.1.
599	599	15 Section 20. The Criminal Code of 2012 is amended by
600	600	16 changing Section 24-1 as follows:
601	601	17 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
602	602	18 Sec. 24-1. Unlawful use of weapons.
603	603	19 (a) A person commits the offense of unlawful use of
604	604	20 weapons when he knowingly:
605	605	21 (1) Sells, manufactures, purchases, possesses or
606	606	22 carries any bludgeon, black-jack, slung-shot, sand-club,
607	607	23 sand-bag, metal knuckles or other knuckle weapon
608	608
609	609
610	610
611	611
612	612
613	613	HB2999 - 16 - LRB103 30312 RLC 56740 b
614	614
615	615
616	616	HB2999- 17 -LRB103 30312 RLC 56740 b HB2999 - 17 - LRB103 30312 RLC 56740 b
617	617	HB2999 - 17 - LRB103 30312 RLC 56740 b
618	618	1 regardless of its composition, throwing star, or any
619	619	2 knife, commonly referred to as a switchblade knife, which
620	620	3 has a blade that opens automatically by hand pressure
621	621	4 applied to a button, spring or other device in the handle
622	622	5 of the knife, or a ballistic knife, which is a device that
623	623	6 propels a knifelike blade as a projectile by means of a
624	624	7 coil spring, elastic material or compressed gas; or
625	625	8 (2) Carries or possesses with intent to use the same
626	626	9 unlawfully against another, a dagger, dirk, billy,
627	627	10 dangerous knife, razor, stiletto, broken bottle or other
628	628	11 piece of glass, stun gun or taser or any other dangerous or
629	629	12 deadly weapon or instrument of like character; or
630	630	13 (2.5) Carries or possesses with intent to use the same
631	631	14 unlawfully against another, any firearm in a church,
632	632	15 synagogue, mosque, or other building, structure, or place
633	633	16 used for religious worship; or
634	634	17 (3) Carries on or about his person or in any vehicle, a
635	635	18 tear gas gun projector or bomb or any object containing
636	636	19 noxious liquid gas or substance, other than an object
637	637	20 containing a non-lethal noxious liquid gas or substance
638	638	21 designed solely for personal defense carried by a person
639	639	22 18 years of age or older; or
640	640	23 (4) Carries or possesses in any vehicle or concealed
641	641	24 on or about his person except when on his land or in his
642	642	25 own abode, legal dwelling, or fixed place of business, or
643	643	26 on the land or in the legal dwelling of another person as
644	644
645	645
646	646
647	647
648	648
649	649	HB2999 - 17 - LRB103 30312 RLC 56740 b
650	650
651	651
652	652	HB2999- 18 -LRB103 30312 RLC 56740 b HB2999 - 18 - LRB103 30312 RLC 56740 b
653	653	HB2999 - 18 - LRB103 30312 RLC 56740 b
654	654	1 an invitee with that person's permission, any pistol,
655	655	2 revolver, stun gun or taser or other firearm, except that
656	656	3 this subsection (a) (4) does not apply to or affect
657	657	4 transportation of weapons that meet one of the following
658	658	5 conditions:
659	659	6 (i) are broken down in a non-functioning state; or
660	660	7 (ii) are not immediately accessible; or
661	661	8 (iii) are unloaded and enclosed in a case, firearm
662	662	9 carrying box, shipping box, or other container by a
663	663	10 person who has been issued a currently valid Firearm
664	664	11 Owner's Identification Card; or
665	665	12 (iv) are carried or possessed in accordance with
666	666	13 the Firearm Concealed Carry Act by a person who has
667	667	14 been issued a currently valid license under the
668	668	15 Firearm Concealed Carry Act; or
669	669	16 (5) Sets a spring gun; or
670	670	17 (6) Possesses any device or attachment of any kind
671	671	18 designed, used or intended for use in silencing the report
672	672	19 of any firearm; or
673	673	20 (7) Sells, manufactures, purchases, possesses or
674	674	21 carries:
675	675	22 (i) a machine gun, which shall be defined for the
676	676	23 purposes of this subsection as any weapon, which
677	677	24 shoots, is designed to shoot, or can be readily
678	678	25 restored to shoot, automatically more than one shot
679	679	26 without manually reloading by a single function of the
680	680
681	681
682	682
683	683
684	684
685	685	HB2999 - 18 - LRB103 30312 RLC 56740 b
686	686
687	687
688	688	HB2999- 19 -LRB103 30312 RLC 56740 b HB2999 - 19 - LRB103 30312 RLC 56740 b
689	689	HB2999 - 19 - LRB103 30312 RLC 56740 b
690	690	1 trigger, including the frame or receiver of any such
691	691	2 weapon, or sells, manufactures, purchases, possesses,
692	692	3 or carries any combination of parts designed or
693	693	4 intended for use in converting any weapon into a
694	694	5 machine gun, or any combination or parts from which a
695	695	6 machine gun can be assembled if such parts are in the
696	696	7 possession or under the control of a person;
697	697	8 (ii) any rifle having one or more barrels less
698	698	9 than 16 inches in length or a shotgun having one or
699	699	10 more barrels less than 18 inches in length or any
700	700	11 weapon made from a rifle or shotgun, whether by
701	701	12 alteration, modification, or otherwise, if such a
702	702	13 weapon as modified has an overall length of less than
703	703	14 26 inches; or
704	704	15 (iii) any bomb, bomb-shell, grenade, bottle or
705	705	16 other container containing an explosive substance of
706	706	17 over one-quarter ounce for like purposes, such as, but
707	707	18 not limited to, black powder bombs and Molotov
708	708	19 cocktails or artillery projectiles; or
709	709	20 (8) Carries or possesses any firearm, stun gun or
710	710	21 taser or other deadly weapon in any place which is
711	711	22 licensed to sell intoxicating beverages, or at any public
712	712	23 gathering held pursuant to a license issued by any
713	713	24 governmental body or any public gathering at which an
714	714	25 admission is charged, excluding a place where a showing,
715	715	26 demonstration or lecture involving the exhibition of
716	716
717	717
718	718
719	719
720	720
721	721	HB2999 - 19 - LRB103 30312 RLC 56740 b
722	722
723	723
724	724	HB2999- 20 -LRB103 30312 RLC 56740 b HB2999 - 20 - LRB103 30312 RLC 56740 b
725	725	HB2999 - 20 - LRB103 30312 RLC 56740 b
726	726	1 unloaded firearms is conducted.
727	727	2 This subsection (a)(8) does not apply to any auction
728	728	3 or raffle of a firearm held pursuant to a license or permit
729	729	4 issued by a governmental body, nor does it apply to
730	730	5 persons engaged in firearm safety training courses; or
731	731	6 (9) Carries or possesses in a vehicle or on or about
732	732	7 his or her person any pistol, revolver, stun gun or taser
733	733	8 or firearm or ballistic knife, when he or she is hooded,
734	734	9 robed or masked in such manner as to conceal his or her
735	735	10 identity; or
736	736	11 (10) Carries or possesses on or about his or her
737	737	12 person, upon any public street, alley, or other public
738	738	13 lands within the corporate limits of a city, village, or
739	739	14 incorporated town, except when an invitee thereon or
740	740	15 therein, for the purpose of the display of such weapon or
741	741	16 the lawful commerce in weapons, or except when on his land
742	742	17 or in his or her own abode, legal dwelling, or fixed place
743	743	18 of business, or on the land or in the legal dwelling of
744	744	19 another person as an invitee with that person's
745	745	20 permission, any pistol, revolver, stun gun, or taser or
746	746	21 other firearm, except that this subsection (a) (10) does
747	747	22 not apply to or affect transportation of weapons that meet
748	748	23 one of the following conditions:
749	749	24 (i) are broken down in a non-functioning state; or
750	750	25 (ii) are not immediately accessible; or
751	751	26 (iii) are unloaded and enclosed in a case, firearm
752	752
753	753
754	754
755	755
756	756
757	757	HB2999 - 20 - LRB103 30312 RLC 56740 b
758	758
759	759
760	760	HB2999- 21 -LRB103 30312 RLC 56740 b HB2999 - 21 - LRB103 30312 RLC 56740 b
761	761	HB2999 - 21 - LRB103 30312 RLC 56740 b
762	762	1 carrying box, shipping box, or other container by a
763	763	2 person who has been issued a currently valid Firearm
764	764	3 Owner's Identification Card; or
765	765	4 (iv) are carried or possessed in accordance with
766	766	5 the Firearm Concealed Carry Act by a person who has
767	767	6 been issued a currently valid license under the
768	768	7 Firearm Concealed Carry Act.
769	769	8 A "stun gun or taser", as used in this paragraph (a)
770	770	9 means (i) any device which is powered by electrical
771	771	10 charging units, such as, batteries, and which fires one or
772	772	11 several barbs attached to a length of wire and which, upon
773	773	12 hitting a human, can send out a current capable of
774	774	13 disrupting the person's nervous system in such a manner as
775	775	14 to render him incapable of normal functioning or (ii) any
776	776	15 device which is powered by electrical charging units, such
777	777	16 as batteries, and which, upon contact with a human or
778	778	17 clothing worn by a human, can send out current capable of
779	779	18 disrupting the person's nervous system in such a manner as
780	780	19 to render him incapable of normal functioning; or
781	781	20 (11) Sells, manufactures, delivers, imports,
782	782	21 possesses, or purchases any assault weapon attachment or
783	783	22 .50 caliber cartridge in violation of Section 24-1.9 or
784	784	23 any explosive bullet. For purposes of this paragraph (a)
785	785	24 "explosive bullet" means the projectile portion of an
786	786	25 ammunition cartridge which contains or carries an
787	787	26 explosive charge which will explode upon contact with the
788	788
789	789
790	790
791	791
792	792
793	793	HB2999 - 21 - LRB103 30312 RLC 56740 b
794	794
795	795
796	796	HB2999- 22 -LRB103 30312 RLC 56740 b HB2999 - 22 - LRB103 30312 RLC 56740 b
797	797	HB2999 - 22 - LRB103 30312 RLC 56740 b
798	798	1 flesh of a human or an animal. "Cartridge" means a tubular
799	799	2 metal case having a projectile affixed at the front
800	800	3 thereof and a cap or primer at the rear end thereof, with
801	801	4 the propellant contained in such tube between the
802	802	5 projectile and the cap; or
803	803	6 (12) (Blank); or
804	804	7 (13) Carries or possesses on or about his or her
805	805	8 person while in a building occupied by a unit of
806	806	9 government, a billy club, other weapon of like character,
807	807	10 or other instrument of like character intended for use as
808	808	11 a weapon. For the purposes of this Section, "billy club"
809	809	12 means a short stick or club commonly carried by police
810	810	13 officers which is either telescopic or constructed of a
811	811	14 solid piece of wood or other man-made material; or
812	812	15 (14) Manufactures, possesses, sells, or offers to
813	813	16 sell, purchase, manufacture, import, transfer, or use any
814	814	17 device, part, kit, tool, accessory, or combination of
815	815	18 parts that is designed to and functions to increase the
816	816	19 rate of fire of a semiautomatic firearm above the standard
817	817	20 rate of fire for semiautomatic firearms that is not
818	818	21 equipped with that device, part, or combination of parts;
819	819	22 or
820	820	23 (15) Carries or possesses any assault weapon or .50
821	821	24 caliber rifle in violation of Section 24-1.9; or
822	822	25 (16) Manufactures, sells, delivers, imports, or
823	823	26 purchases any assault weapon or .50 caliber rifle in
824	824
825	825
826	826
827	827
828	828
829	829	HB2999 - 22 - LRB103 30312 RLC 56740 b
830	830
831	831
832	832	HB2999- 23 -LRB103 30312 RLC 56740 b HB2999 - 23 - LRB103 30312 RLC 56740 b
833	833	HB2999 - 23 - LRB103 30312 RLC 56740 b
834	834	1 violation of Section 24-1.9.
835	835	2 (b) Sentence. A person convicted of a violation of
836	836	3 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
837	837	4 subsection 24-1(a)(11), or subsection 24-1(a)(13), or
838	838	5 24-1(a)(15) commits a Class A misdemeanor. A person convicted
839	839	6 of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits
840	840	7 a Class 4 felony; a person convicted of a violation of
841	841	8 subsection 24-1(a)(6), or 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
842	842	9 24-1(a)(16) or (iii) commits a Class 3 felony. A person
843	843	10 convicted of a violation of subsection 24-1(a)(7)(i) commits a
844	844	11 Class 2 felony and shall be sentenced to a term of imprisonment
845	845	12 of not less than 3 years and not more than 7 years, unless the
846	846	13 weapon is possessed in the passenger compartment of a motor
847	847	14 vehicle as defined in Section 1-146 of the Illinois Vehicle
848	848	15 Code, or on the person, while the weapon is loaded, in which
849	849	16 case it shall be a Class X felony. A person convicted of a
850	850	17 second or subsequent violation of subsection 24-1(a)(4),
851	851	18 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10), or 24-1(a)(15) commits
852	852	19 a Class 3 felony. A person convicted of a violation of
853	853	20 subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2
854	854	21 felony. The possession of each weapon or device in violation
855	855	22 of this Section constitutes a single and separate violation.
856	856	23 (c) Violations in specific places.
857	857	24 (1) A person who violates subsection 24-1(a)(6) or
858	858	25 24-1(a)(7) in any school, regardless of the time of day or
859	859	26 the time of year, in residential property owned, operated
860	860
861	861
862	862
863	863
864	864
865	865	HB2999 - 23 - LRB103 30312 RLC 56740 b
866	866
867	867
868	868	HB2999- 24 -LRB103 30312 RLC 56740 b HB2999 - 24 - LRB103 30312 RLC 56740 b
869	869	HB2999 - 24 - LRB103 30312 RLC 56740 b
870	870	1 or managed by a public housing agency or leased by a public
871	871	2 housing agency as part of a scattered site or mixed-income
872	872	3 development, in a public park, in a courthouse, on the
873	873	4 real property comprising any school, regardless of the
874	874	5 time of day or the time of year, on residential property
875	875	6 owned, operated or managed by a public housing agency or
876	876	7 leased by a public housing agency as part of a scattered
877	877	8 site or mixed-income development, on the real property
878	878	9 comprising any public park, on the real property
879	879	10 comprising any courthouse, in any conveyance owned, leased
880	880	11 or contracted by a school to transport students to or from
881	881	12 school or a school related activity, in any conveyance
882	882	13 owned, leased, or contracted by a public transportation
883	883	14 agency, or on any public way within 1,000 feet of the real
884	884	15 property comprising any school, public park, courthouse,
885	885	16 public transportation facility, or residential property
886	886	17 owned, operated, or managed by a public housing agency or
887	887	18 leased by a public housing agency as part of a scattered
888	888	19 site or mixed-income development commits a Class 2 felony
889	889	20 and shall be sentenced to a term of imprisonment of not
890	890	21 less than 3 years and not more than 7 years.
891	891	22 (1.5) A person who violates subsection 24-1(a)(4),
892	892	23 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
893	893	24 the time of day or the time of year, in residential
894	894	25 property owned, operated, or managed by a public housing
895	895	26 agency or leased by a public housing agency as part of a
896	896
897	897
898	898
899	899
900	900
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902	902
903	903
904	904	HB2999- 25 -LRB103 30312 RLC 56740 b HB2999 - 25 - LRB103 30312 RLC 56740 b
905	905	HB2999 - 25 - LRB103 30312 RLC 56740 b
906	906	1 scattered site or mixed-income development, in a public
907	907	2 park, in a courthouse, on the real property comprising any
908	908	3 school, regardless of the time of day or the time of year,
909	909	4 on residential property owned, operated, or managed by a
910	910	5 public housing agency or leased by a public housing agency
911	911	6 as part of a scattered site or mixed-income development,
912	912	7 on the real property comprising any public park, on the
913	913	8 real property comprising any courthouse, in any conveyance
914	914	9 owned, leased, or contracted by a school to transport
915	915	10 students to or from school or a school related activity,
916	916	11 in any conveyance owned, leased, or contracted by a public
917	917	12 transportation agency, or on any public way within 1,000
918	918	13 feet of the real property comprising any school, public
919	919	14 park, courthouse, public transportation facility, or
920	920	15 residential property owned, operated, or managed by a
921	921	16 public housing agency or leased by a public housing agency
922	922	17 as part of a scattered site or mixed-income development
923	923	18 commits a Class 3 felony.
924	924	19 (2) A person who violates subsection 24-1(a)(1),
925	925	20 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
926	926	21 time of day or the time of year, in residential property
927	927	22 owned, operated or managed by a public housing agency or
928	928	23 leased by a public housing agency as part of a scattered
929	929	24 site or mixed-income development, in a public park, in a
930	930	25 courthouse, on the real property comprising any school,
931	931	26 regardless of the time of day or the time of year, on
932	932
933	933
934	934
935	935
936	936
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938	938
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941	941	HB2999 - 26 - LRB103 30312 RLC 56740 b
942	942	1 residential property owned, operated or managed by a
943	943	2 public housing agency or leased by a public housing agency
944	944	3 as part of a scattered site or mixed-income development,
945	945	4 on the real property comprising any public park, on the
946	946	5 real property comprising any courthouse, in any conveyance
947	947	6 owned, leased or contracted by a school to transport
948	948	7 students to or from school or a school related activity,
949	949	8 in any conveyance owned, leased, or contracted by a public
950	950	9 transportation agency, or on any public way within 1,000
951	951	10 feet of the real property comprising any school, public
952	952	11 park, courthouse, public transportation facility, or
953	953	12 residential property owned, operated, or managed by a
954	954	13 public housing agency or leased by a public housing agency
955	955	14 as part of a scattered site or mixed-income development
956	956	15 commits a Class 4 felony. "Courthouse" means any building
957	957	16 that is used by the Circuit, Appellate, or Supreme Court
958	958	17 of this State for the conduct of official business.
959	959	18 (3) Paragraphs (1), (1.5), and (2) of this subsection
960	960	19 (c) shall not apply to law enforcement officers or
961	961	20 security officers of such school, college, or university
962	962	21 or to students carrying or possessing firearms for use in
963	963	22 training courses, parades, hunting, target shooting on
964	964	23 school ranges, or otherwise with the consent of school
965	965	24 authorities and which firearms are transported unloaded
966	966	25 enclosed in a suitable case, box, or transportation
967	967	26 package.
968	968
969	969
970	970
971	971
972	972
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974	974
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977	977	HB2999 - 27 - LRB103 30312 RLC 56740 b
978	978	1 (4) For the purposes of this subsection (c), "school"
979	979	2 means any public or private elementary or secondary
980	980	3 school, community college, college, or university.
981	981	4 (5) For the purposes of this subsection (c), "public
982	982	5 transportation agency" means a public or private agency
983	983	6 that provides for the transportation or conveyance of
984	984	7 persons by means available to the general public, except
985	985	8 for transportation by automobiles not used for conveyance
986	986	9 of the general public as passengers; and "public
987	987	10 transportation facility" means a terminal or other place
988	988	11 where one may obtain public transportation.
989	989	12 (d) The presence in an automobile other than a public
990	990	13 omnibus of any weapon, instrument or substance referred to in
991	991	14 subsection (a)(7) is prima facie evidence that it is in the
992	992	15 possession of, and is being carried by, all persons occupying
993	993	16 such automobile at the time such weapon, instrument or
994	994	17 substance is found, except under the following circumstances:
995	995	18 (i) if such weapon, instrument or instrumentality is found
996	996	19 upon the person of one of the occupants therein; or (ii) if
997	997	20 such weapon, instrument or substance is found in an automobile
998	998	21 operated for hire by a duly licensed driver in the due, lawful
999	999	22 and proper pursuit of his or her trade, then such presumption
1000	1000	23 shall not apply to the driver.
1001	1001	24 (e) Exemptions.
1002	1002	25 (1) Crossbows, Common or Compound bows and Underwater
1003	1003	26 Spearguns are exempted from the definition of ballistic
1004	1004
1005	1005
1006	1006
1007	1007
1008	1008
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1010	1010
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1014	1014	1 knife as defined in paragraph (1) of subsection (a) of
1015	1015	2 this Section.
1016	1016	3 (2) The provision of paragraph (1) of subsection (a)
1017	1017	4 of this Section prohibiting the sale, manufacture,
1018	1018	5 purchase, possession, or carrying of any knife, commonly
1019	1019	6 referred to as a switchblade knife, which has a blade that
1020	1020	7 opens automatically by hand pressure applied to a button,
1021	1021	8 spring or other device in the handle of the knife, does not
1022	1022	9 apply to a person who possesses a currently valid Firearm
1023	1023	10 Owner's Identification Card previously issued in his or
1024	1024	11 her name by the Illinois State Police or to a person or an
1025	1025	12 entity engaged in the business of selling or manufacturing
1026	1026	13 switchblade knives.
1027	1027	14 (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;
1028	1028	15 102-1116, eff. 1-10-23.)
1029	1029	16 (720 ILCS 5/24-1.9 rep.)
1030	1030	17 (720 ILCS 5/24-1.10 rep.)
1031	1031	18 Section 30. The Criminal Code of 2012 is amended by
1032	1032	19 repealing Sections 24-1.9 and 24-1.10.
1033	1033	20 Section 99. Effective date. This Act takes effect upon
1034	1034	21 becoming law.
1035	1035
1036	1036
1037	1037
1038	1038
1039	1039
1040	1040	HB2999 - 28 - LRB103 30312 RLC 56740 b