IL
Illinois House Bill HB3165

Illinois 2023-2024 Regular Session

Illinois House Bill HB3165 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3165 Introduced , by Rep. Brad Stephens SYNOPSIS AS INTRODUCED: 55 ILCS 5/3-6023 from Ch. 34, par. 3-6023 430 ILCS 66/65705 ILCS 35/28.1 new Amends the Counties Code. Provides that the function of the sheriff as the person who shall maintain the security of the courthouse is affirmed; however, the sheriff shall not interfere with the right of a judge or an associate judge of the circuit court, if the judge or associate judge is a possessor or holder of a valid concealed carry license issued under the Firearm Concealed Carry Act, to exercise this right within or on the grounds of a courthouse to which the judge or associate judge has been assigned. Provides that validity of a concealed carry license shall be as provided in the Firearm Concealed Carry Act. Provides that the sheriff of the county where the court is located shall allow the judge or associate judge to secure his or her firearm in the same manner as a peace officer, in a secure area in chambers or adjacent to the courtroom, and the firearm shall not be permitted within the courtroom. Provides that the firearm may be carried to and from the courthouse and shall be secured upon the judge or associate judge reporting to his or her chambers. Amends the Firearm Concealed Carry Act and the Circuit Courts Act to make conforming changes. LRB103 30001 RLC 56421 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3165 Introduced , by Rep. Brad Stephens SYNOPSIS AS INTRODUCED: 55 ILCS 5/3-6023 from Ch. 34, par. 3-6023 430 ILCS 66/65705 ILCS 35/28.1 new 55 ILCS 5/3-6023 from Ch. 34, par. 3-6023 430 ILCS 66/65 705 ILCS 35/28.1 new Amends the Counties Code. Provides that the function of the sheriff as the person who shall maintain the security of the courthouse is affirmed; however, the sheriff shall not interfere with the right of a judge or an associate judge of the circuit court, if the judge or associate judge is a possessor or holder of a valid concealed carry license issued under the Firearm Concealed Carry Act, to exercise this right within or on the grounds of a courthouse to which the judge or associate judge has been assigned. Provides that validity of a concealed carry license shall be as provided in the Firearm Concealed Carry Act. Provides that the sheriff of the county where the court is located shall allow the judge or associate judge to secure his or her firearm in the same manner as a peace officer, in a secure area in chambers or adjacent to the courtroom, and the firearm shall not be permitted within the courtroom. Provides that the firearm may be carried to and from the courthouse and shall be secured upon the judge or associate judge reporting to his or her chambers. Amends the Firearm Concealed Carry Act and the Circuit Courts Act to make conforming changes. LRB103 30001 RLC 56421 b LRB103 30001 RLC 56421 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3165 Introduced , by Rep. Brad Stephens SYNOPSIS AS INTRODUCED:
33 55 ILCS 5/3-6023 from Ch. 34, par. 3-6023 430 ILCS 66/65705 ILCS 35/28.1 new 55 ILCS 5/3-6023 from Ch. 34, par. 3-6023 430 ILCS 66/65 705 ILCS 35/28.1 new
44 55 ILCS 5/3-6023 from Ch. 34, par. 3-6023
55 430 ILCS 66/65
66 705 ILCS 35/28.1 new
77 Amends the Counties Code. Provides that the function of the sheriff as the person who shall maintain the security of the courthouse is affirmed; however, the sheriff shall not interfere with the right of a judge or an associate judge of the circuit court, if the judge or associate judge is a possessor or holder of a valid concealed carry license issued under the Firearm Concealed Carry Act, to exercise this right within or on the grounds of a courthouse to which the judge or associate judge has been assigned. Provides that validity of a concealed carry license shall be as provided in the Firearm Concealed Carry Act. Provides that the sheriff of the county where the court is located shall allow the judge or associate judge to secure his or her firearm in the same manner as a peace officer, in a secure area in chambers or adjacent to the courtroom, and the firearm shall not be permitted within the courtroom. Provides that the firearm may be carried to and from the courthouse and shall be secured upon the judge or associate judge reporting to his or her chambers. Amends the Firearm Concealed Carry Act and the Circuit Courts Act to make conforming changes.
88 LRB103 30001 RLC 56421 b LRB103 30001 RLC 56421 b
99 LRB103 30001 RLC 56421 b
1010 A BILL FOR
1111 HB3165LRB103 30001 RLC 56421 b HB3165 LRB103 30001 RLC 56421 b
1212 HB3165 LRB103 30001 RLC 56421 b
1313 1 AN ACT concerning courts.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The Counties Code is amended by changing
1717 5 Section 3-6023 as follows:
1818 6 (55 ILCS 5/3-6023) (from Ch. 34, par. 3-6023)
1919 7 Sec. 3-6023. Attendance at courts. Each sheriff shall, in
2020 8 person or by deputy, county corrections officer, or court
2121 9 security officer, attend upon all courts held in his or her
2222 10 county when in session, and obey the lawful orders and
2323 11 directions of the court, and shall maintain the security of
2424 12 the courthouse. The function of the sheriff as the person who
2525 13 shall maintain the security of the courthouse is affirmed;
2626 14 however, the sheriff shall not interfere with the right of a
2727 15 judge or an associate judge of the circuit court, if the judge
2828 16 or associate judge is a possessor or holder of a valid
2929 17 concealed carry license issued under the Firearm Concealed
3030 18 Carry Act, to exercise this right within or on the grounds of a
3131 19 courthouse to which the judge or associate judge has been
3232 20 assigned. Validity of a concealed carry license shall be as
3333 21 provided in Section 10 of the Firearm Concealed Carry Act. The
3434 22 sheriff of the county where the court is located shall allow
3535 23 the judge or associate judge to secure his or her firearm in
3636
3737
3838
3939 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3165 Introduced , by Rep. Brad Stephens SYNOPSIS AS INTRODUCED:
4040 55 ILCS 5/3-6023 from Ch. 34, par. 3-6023 430 ILCS 66/65705 ILCS 35/28.1 new 55 ILCS 5/3-6023 from Ch. 34, par. 3-6023 430 ILCS 66/65 705 ILCS 35/28.1 new
4141 55 ILCS 5/3-6023 from Ch. 34, par. 3-6023
4242 430 ILCS 66/65
4343 705 ILCS 35/28.1 new
4444 Amends the Counties Code. Provides that the function of the sheriff as the person who shall maintain the security of the courthouse is affirmed; however, the sheriff shall not interfere with the right of a judge or an associate judge of the circuit court, if the judge or associate judge is a possessor or holder of a valid concealed carry license issued under the Firearm Concealed Carry Act, to exercise this right within or on the grounds of a courthouse to which the judge or associate judge has been assigned. Provides that validity of a concealed carry license shall be as provided in the Firearm Concealed Carry Act. Provides that the sheriff of the county where the court is located shall allow the judge or associate judge to secure his or her firearm in the same manner as a peace officer, in a secure area in chambers or adjacent to the courtroom, and the firearm shall not be permitted within the courtroom. Provides that the firearm may be carried to and from the courthouse and shall be secured upon the judge or associate judge reporting to his or her chambers. Amends the Firearm Concealed Carry Act and the Circuit Courts Act to make conforming changes.
4545 LRB103 30001 RLC 56421 b LRB103 30001 RLC 56421 b
4646 LRB103 30001 RLC 56421 b
4747 A BILL FOR
4848
4949
5050
5151
5252
5353 55 ILCS 5/3-6023 from Ch. 34, par. 3-6023
5454 430 ILCS 66/65
5555 705 ILCS 35/28.1 new
5656
5757
5858
5959 LRB103 30001 RLC 56421 b
6060
6161
6262
6363
6464
6565
6666
6767
6868
6969 HB3165 LRB103 30001 RLC 56421 b
7070
7171
7272 HB3165- 2 -LRB103 30001 RLC 56421 b HB3165 - 2 - LRB103 30001 RLC 56421 b
7373 HB3165 - 2 - LRB103 30001 RLC 56421 b
7474 1 the same manner as a peace officer, in a secure area in
7575 2 chambers or adjacent to the courtroom, and the firearm shall
7676 3 not be permitted within the courtroom. The firearm may be
7777 4 carried to and from the courthouse and shall be secured upon
7878 5 the judge or associate judge reporting to his or her chambers.
7979 6 Court services customarily performed by sheriffs shall be
8080 7 provided by the sheriff or his or her deputies, county
8181 8 corrections officers, or court security officers, rather than
8282 9 by employees of the court, unless there are no deputies,
8383 10 county corrections officers, or court security officers
8484 11 available to perform such services. The expenses of the
8585 12 sheriff in carrying out his or her duties under this Section,
8686 13 including the compensation of deputies, county corrections
8787 14 officers, or court security officers assigned to such
8888 15 services, shall be paid to the county from fees collected
8989 16 pursuant to court order for services of the sheriff and from
9090 17 any court services fees collected by the county under the
9191 18 Criminal and Traffic Assessment Act.
9292 19 (Source: P.A. 100-987, eff. 7-1-19.)
9393 20 Section 10. The Firearm Concealed Carry Act is amended by
9494 21 changing Section 65 as follows:
9595 22 (430 ILCS 66/65)
9696 23 Sec. 65. Prohibited areas.
9797 24 (a) A licensee under this Act shall not knowingly carry a
9898
9999
100100
101101
102102
103103 HB3165 - 2 - LRB103 30001 RLC 56421 b
104104
105105
106106 HB3165- 3 -LRB103 30001 RLC 56421 b HB3165 - 3 - LRB103 30001 RLC 56421 b
107107 HB3165 - 3 - LRB103 30001 RLC 56421 b
108108 1 firearm on or into:
109109 2 (1) Any building, real property, and parking area
110110 3 under the control of a public or private elementary or
111111 4 secondary school.
112112 5 (2) Any building, real property, and parking area
113113 6 under the control of a pre-school or child care facility,
114114 7 including any room or portion of a building under the
115115 8 control of a pre-school or child care facility. Nothing in
116116 9 this paragraph shall prevent the operator of a child care
117117 10 facility in a family home from owning or possessing a
118118 11 firearm in the home or license under this Act, if no child
119119 12 under child care at the home is present in the home or the
120120 13 firearm in the home is stored in a locked container when a
121121 14 child under child care at the home is present in the home.
122122 15 (3) Any building, parking area, or portion of a
123123 16 building under the control of an officer of the executive
124124 17 or legislative branch of government, provided that nothing
125125 18 in this paragraph shall prohibit a licensee from carrying
126126 19 a concealed firearm onto the real property, bikeway, or
127127 20 trail in a park regulated by the Department of Natural
128128 21 Resources or any other designated public hunting area or
129129 22 building where firearm possession is permitted as
130130 23 established by the Department of Natural Resources under
131131 24 Section 1.8 of the Wildlife Code.
132132 25 (4) Except as otherwise provided in Section 3-6023 of
133133 26 the Counties Code and Section 28.1 of the Circuit Courts
134134
135135
136136
137137
138138
139139 HB3165 - 3 - LRB103 30001 RLC 56421 b
140140
141141
142142 HB3165- 4 -LRB103 30001 RLC 56421 b HB3165 - 4 - LRB103 30001 RLC 56421 b
143143 HB3165 - 4 - LRB103 30001 RLC 56421 b
144144 1 Act, any Any building designated for matters before a
145145 2 circuit court, appellate court, or the Supreme Court, or
146146 3 any building or portion of a building under the control of
147147 4 the Supreme Court.
148148 5 (5) Any building or portion of a building under the
149149 6 control of a unit of local government.
150150 7 (6) Any building, real property, and parking area
151151 8 under the control of an adult or juvenile detention or
152152 9 correctional institution, prison, or jail.
153153 10 (7) Any building, real property, and parking area
154154 11 under the control of a public or private hospital or
155155 12 hospital affiliate, mental health facility, or nursing
156156 13 home.
157157 14 (8) Any bus, train, or form of transportation paid for
158158 15 in whole or in part with public funds, and any building,
159159 16 real property, and parking area under the control of a
160160 17 public transportation facility paid for in whole or in
161161 18 part with public funds.
162162 19 (9) Any building, real property, and parking area
163163 20 under the control of an establishment that serves alcohol
164164 21 on its premises, if more than 50% of the establishment's
165165 22 gross receipts within the prior 3 months is from the sale
166166 23 of alcohol. The owner of an establishment who knowingly
167167 24 fails to prohibit concealed firearms on its premises as
168168 25 provided in this paragraph or who knowingly makes a false
169169 26 statement or record to avoid the prohibition on concealed
170170
171171
172172
173173
174174
175175 HB3165 - 4 - LRB103 30001 RLC 56421 b
176176
177177
178178 HB3165- 5 -LRB103 30001 RLC 56421 b HB3165 - 5 - LRB103 30001 RLC 56421 b
179179 HB3165 - 5 - LRB103 30001 RLC 56421 b
180180 1 firearms under this paragraph is subject to the penalty
181181 2 under subsection (c-5) of Section 10-1 of the Liquor
182182 3 Control Act of 1934.
183183 4 (10) Any public gathering or special event conducted
184184 5 on property open to the public that requires the issuance
185185 6 of a permit from the unit of local government, provided
186186 7 this prohibition shall not apply to a licensee who must
187187 8 walk through a public gathering in order to access his or
188188 9 her residence, place of business, or vehicle.
189189 10 (11) Any building or real property that has been
190190 11 issued a Special Event Retailer's license as defined in
191191 12 Section 1-3.17.1 of the Liquor Control Act during the time
192192 13 designated for the sale of alcohol by the Special Event
193193 14 Retailer's license, or a Special use permit license as
194194 15 defined in subsection (q) of Section 5-1 of the Liquor
195195 16 Control Act during the time designated for the sale of
196196 17 alcohol by the Special use permit license.
197197 18 (12) Any public playground.
198198 19 (13) Any public park, athletic area, or athletic
199199 20 facility under the control of a municipality or park
200200 21 district, provided nothing in this Section shall prohibit
201201 22 a licensee from carrying a concealed firearm while on a
202202 23 trail or bikeway if only a portion of the trail or bikeway
203203 24 includes a public park.
204204 25 (14) Any real property under the control of the Cook
205205 26 County Forest Preserve District.
206206
207207
208208
209209
210210
211211 HB3165 - 5 - LRB103 30001 RLC 56421 b
212212
213213
214214 HB3165- 6 -LRB103 30001 RLC 56421 b HB3165 - 6 - LRB103 30001 RLC 56421 b
215215 HB3165 - 6 - LRB103 30001 RLC 56421 b
216216 1 (15) Any building, classroom, laboratory, medical
217217 2 clinic, hospital, artistic venue, athletic venue,
218218 3 entertainment venue, officially recognized
219219 4 university-related organization property, whether owned or
220220 5 leased, and any real property, including parking areas,
221221 6 sidewalks, and common areas under the control of a public
222222 7 or private community college, college, or university.
223223 8 (16) Any building, real property, or parking area
224224 9 under the control of a gaming facility licensed under the
225225 10 Illinois Gambling Act or the Illinois Horse Racing Act of
226226 11 1975, including an inter-track wagering location licensee.
227227 12 (17) Any stadium, arena, or the real property or
228228 13 parking area under the control of a stadium, arena, or any
229229 14 collegiate or professional sporting event.
230230 15 (18) Any building, real property, or parking area
231231 16 under the control of a public library.
232232 17 (19) Any building, real property, or parking area
233233 18 under the control of an airport.
234234 19 (20) Any building, real property, or parking area
235235 20 under the control of an amusement park.
236236 21 (21) Any building, real property, or parking area
237237 22 under the control of a zoo or museum.
238238 23 (22) Any street, driveway, parking area, property,
239239 24 building, or facility, owned, leased, controlled, or used
240240 25 by a nuclear energy, storage, weapons, or development site
241241 26 or facility regulated by the federal Nuclear Regulatory
242242
243243
244244
245245
246246
247247 HB3165 - 6 - LRB103 30001 RLC 56421 b
248248
249249
250250 HB3165- 7 -LRB103 30001 RLC 56421 b HB3165 - 7 - LRB103 30001 RLC 56421 b
251251 HB3165 - 7 - LRB103 30001 RLC 56421 b
252252 1 Commission. The licensee shall not under any circumstance
253253 2 store a firearm or ammunition in his or her vehicle or in a
254254 3 compartment or container within a vehicle located anywhere
255255 4 in or on the street, driveway, parking area, property,
256256 5 building, or facility described in this paragraph.
257257 6 (23) Any area where firearms are prohibited under
258258 7 federal law.
259259 8 (a-5) Nothing in this Act shall prohibit a public or
260260 9 private community college, college, or university from:
261261 10 (1) prohibiting persons from carrying a firearm within
262262 11 a vehicle owned, leased, or controlled by the college or
263263 12 university;
264264 13 (2) developing resolutions, regulations, or policies
265265 14 regarding student, employee, or visitor misconduct and
266266 15 discipline, including suspension and expulsion;
267267 16 (3) developing resolutions, regulations, or policies
268268 17 regarding the storage or maintenance of firearms, which
269269 18 must include designated areas where persons can park
270270 19 vehicles that carry firearms; and
271271 20 (4) permitting the carrying or use of firearms for the
272272 21 purpose of instruction and curriculum of officially
273273 22 recognized programs, including but not limited to military
274274 23 science and law enforcement training programs, or in any
275275 24 designated area used for hunting purposes or target
276276 25 shooting.
277277 26 (a-10) The owner of private real property of any type may
278278
279279
280280
281281
282282
283283 HB3165 - 7 - LRB103 30001 RLC 56421 b
284284
285285
286286 HB3165- 8 -LRB103 30001 RLC 56421 b HB3165 - 8 - LRB103 30001 RLC 56421 b
287287 HB3165 - 8 - LRB103 30001 RLC 56421 b
288288 1 prohibit the carrying of concealed firearms on the property
289289 2 under his or her control. The owner must post a sign in
290290 3 accordance with subsection (d) of this Section indicating that
291291 4 firearms are prohibited on the property, unless the property
292292 5 is a private residence.
293293 6 (b) Notwithstanding subsections (a), (a-5), and (a-10) of
294294 7 this Section except under paragraph (22) or (23) of subsection
295295 8 (a), any licensee prohibited from carrying a concealed firearm
296296 9 into the parking area of a prohibited location specified in
297297 10 subsection (a), (a-5), or (a-10) of this Section shall be
298298 11 permitted to carry a concealed firearm on or about his or her
299299 12 person within a vehicle into the parking area and may store a
300300 13 firearm or ammunition concealed in a case within a locked
301301 14 vehicle or locked container out of plain view within the
302302 15 vehicle in the parking area. A licensee may carry a concealed
303303 16 firearm in the immediate area surrounding his or her vehicle
304304 17 within a prohibited parking lot area only for the limited
305305 18 purpose of storing or retrieving a firearm within the
306306 19 vehicle's trunk. For purposes of this subsection, "case"
307307 20 includes a glove compartment or console that completely
308308 21 encloses the concealed firearm or ammunition, the trunk of the
309309 22 vehicle, or a firearm carrying box, shipping box, or other
310310 23 container.
311311 24 (c) A licensee shall not be in violation of this Section
312312 25 while he or she is traveling along a public right of way that
313313 26 touches or crosses any of the premises under subsection (a),
314314
315315
316316
317317
318318
319319 HB3165 - 8 - LRB103 30001 RLC 56421 b
320320
321321
322322 HB3165- 9 -LRB103 30001 RLC 56421 b HB3165 - 9 - LRB103 30001 RLC 56421 b
323323 HB3165 - 9 - LRB103 30001 RLC 56421 b
324324 1 (a-5), or (a-10) of this Section if the concealed firearm is
325325 2 carried on his or her person in accordance with the provisions
326326 3 of this Act or is being transported in a vehicle by the
327327 4 licensee in accordance with all other applicable provisions of
328328 5 law.
329329 6 (d) Signs stating that the carrying of firearms is
330330 7 prohibited shall be clearly and conspicuously posted at the
331331 8 entrance of a building, premises, or real property specified
332332 9 in this Section as a prohibited area, unless the building or
333333 10 premises is a private residence. Signs shall be of a uniform
334334 11 design as established by the Illinois State Police and shall
335335 12 be 4 inches by 6 inches in size. The Illinois State Police
336336 13 shall adopt rules for standardized signs to be used under this
337337 14 subsection.
338338 15 (Source: P.A. 101-31, eff. 6-28-19; 102-538, eff. 8-20-21.)
339339 16 Section 15. The Circuit Courts Act is amended by adding
340340 17 Section 28.1 as follows:
341341 18 (705 ILCS 35/28.1 new)
342342 19 Sec. 28.1. Judges and associate judges; firearms. A judge
343343 20 or an associate judge of the circuit court with a valid
344344 21 concealed carry license issued under the Firearm Concealed
345345 22 Carry Act may exercise the rights granted by this license
346346 23 within any premises containing a circuit court to which that
347347 24 judge or associate judge has been assigned. Validity of the
348348
349349
350350
351351
352352
353353 HB3165 - 9 - LRB103 30001 RLC 56421 b
354354
355355
356356 HB3165- 10 -LRB103 30001 RLC 56421 b HB3165 - 10 - LRB103 30001 RLC 56421 b
357357 HB3165 - 10 - LRB103 30001 RLC 56421 b
358358 1 concealed carry license shall be as provided in Section 10 of
359359 2 the Firearm Concealed Carry Act. The sheriff of the county
360360 3 where the court is located shall allow the judge or associate
361361 4 judge to secure his or her firearm in the same manner as a
362362 5 peace officer, in a secure area in chambers or adjacent to the
363363 6 courtroom, and the firearm shall not be permitted within the
364364 7 courtroom. The firearm may be carried to and from the
365365 8 courthouse and shall be secured upon the judge or associate
366366 9 judge reporting to his or her chambers.
367367
368368
369369
370370
371371
372372 HB3165 - 10 - LRB103 30001 RLC 56421 b