Illinois 2023-2024 Regular Session

Illinois House Bill HB3208 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 HB3208 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED: 5 ILCS 140/7.5 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/8.6 new430 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 Firearm Owners Identification Card Act. Provides that the State, including the Illinois State Police, shall not establish or maintain a registry that contains information about the purchase of a firearm or the purchaser's personal identifying information. Repeals amendatory provisions of the Criminal Code of 2012 that beginning January 1, 2024, make it is unlawful for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions, and provides penalties and repeals provisions 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, and which provide penalties for those actions. Repeals amendatory provisions of the Criminal Code of 2012 that prohibits the manufacture, possession, sale, or offers 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 that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately. LRB103 25822 RLC 52173 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3208 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED: 5 ILCS 140/7.5 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/8.6 new430 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 65/8.6 new 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 Firearm Owners Identification Card Act. Provides that the State, including the Illinois State Police, shall not establish or maintain a registry that contains information about the purchase of a firearm or the purchaser's personal identifying information. Repeals amendatory provisions of the Criminal Code of 2012 that beginning January 1, 2024, make it is unlawful for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions, and provides penalties and repeals provisions 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, and which provide penalties for those actions. Repeals amendatory provisions of the Criminal Code of 2012 that prohibits the manufacture, possession, sale, or offers 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 that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately. LRB103 25822 RLC 52173 b LRB103 25822 RLC 52173 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3208 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 140/7.5 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/8.6 new430 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 65/8.6 new 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 65/8.6 new
7	7	430 ILCS 65/4.1 rep.
8	8	720 ILCS 5/24-1 from Ch. 38, par. 24-1
9	9	720 ILCS 5/24-1.9 rep.
10	10	720 ILCS 5/24-1.10 rep.
11	11	Amends the Firearm Owners Identification Card Act. Provides that the State, including the Illinois State Police, shall not establish or maintain a registry that contains information about the purchase of a firearm or the purchaser's personal identifying information. Repeals amendatory provisions of the Criminal Code of 2012 that beginning January 1, 2024, make it is unlawful for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions, and provides penalties and repeals provisions 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, and which provide penalties for those actions. Repeals amendatory provisions of the Criminal Code of 2012 that prohibits the manufacture, possession, sale, or offers 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 that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately.
12	12	LRB103 25822 RLC 52173 b LRB103 25822 RLC 52173 b
13	13	LRB103 25822 RLC 52173 b
14	14	A BILL FOR
15	15	HB3208LRB103 25822 RLC 52173 b HB3208 LRB103 25822 RLC 52173 b
16	16	HB3208 LRB103 25822 RLC 52173 b
17	17	1 AN ACT concerning criminal law.
18	18	2 Be it enacted by the People of the State of Illinois,
19	19	3 represented in the General Assembly:
20	20	4 Section 5. The Freedom of Information Act is amended by
21	21	5 changing Section 7.5 as follows:
22	22	6 (5 ILCS 140/7.5)
23	23	7 Sec. 7.5. Statutory exemptions. To the extent provided for
24	24	8 by the statutes referenced below, the following shall be
25	25	9 exempt from inspection and copying:
26	26	10 (a) All information determined to be confidential
27	27	11 under Section 4002 of the Technology Advancement and
28	28	12 Development Act.
29	29	13 (b) Library circulation and order records identifying
30	30	14 library users with specific materials under the Library
31	31	15 Records Confidentiality Act.
32	32	16 (c) Applications, related documents, and medical
33	33	17 records received by the Experimental Organ Transplantation
34	34	18 Procedures Board and any and all documents or other
35	35	19 records prepared by the Experimental Organ Transplantation
36	36	20 Procedures Board or its staff relating to applications it
37	37	21 has received.
38	38	22 (d) Information and records held by the Department of
39	39	23 Public Health and its authorized representatives relating
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43	43	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3208 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
44	44	5 ILCS 140/7.5 430 ILCS 65/8 from Ch. 38, par. 83-8 430 ILCS 65/8.6 new430 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 65/8.6 new 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.
45	45	5 ILCS 140/7.5
46	46	430 ILCS 65/8 from Ch. 38, par. 83-8
47	47	430 ILCS 65/8.6 new
48	48	430 ILCS 65/4.1 rep.
49	49	720 ILCS 5/24-1 from Ch. 38, par. 24-1
50	50	720 ILCS 5/24-1.9 rep.
51	51	720 ILCS 5/24-1.10 rep.
52	52	Amends the Firearm Owners Identification Card Act. Provides that the State, including the Illinois State Police, shall not establish or maintain a registry that contains information about the purchase of a firearm or the purchaser's personal identifying information. Repeals amendatory provisions of the Criminal Code of 2012 that beginning January 1, 2024, make it is unlawful for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions, and provides penalties and repeals provisions 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, and which provide penalties for those actions. Repeals amendatory provisions of the Criminal Code of 2012 that prohibits the manufacture, possession, sale, or offers 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 that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately.
53	53	LRB103 25822 RLC 52173 b LRB103 25822 RLC 52173 b
54	54	LRB103 25822 RLC 52173 b
55	55	A BILL FOR
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61	61	5 ILCS 140/7.5
62	62	430 ILCS 65/8 from Ch. 38, par. 83-8
63	63	430 ILCS 65/8.6 new
64	64	430 ILCS 65/4.1 rep.
65	65	720 ILCS 5/24-1 from Ch. 38, par. 24-1
66	66	720 ILCS 5/24-1.9 rep.
67	67	720 ILCS 5/24-1.10 rep.
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86	86	1 to known or suspected cases of sexually transmissible
87	87	2 disease or any information the disclosure of which is
88	88	3 restricted under the Illinois Sexually Transmissible
89	89	4 Disease Control Act.
90	90	5 (e) Information the disclosure of which is exempted
91	91	6 under Section 30 of the Radon Industry Licensing Act.
92	92	7 (f) Firm performance evaluations under Section 55 of
93	93	8 the Architectural, Engineering, and Land Surveying
94	94	9 Qualifications Based Selection Act.
95	95	10 (g) Information the disclosure of which is restricted
96	96	11 and exempted under Section 50 of the Illinois Prepaid
97	97	12 Tuition Act.
98	98	13 (h) Information the disclosure of which is exempted
99	99	14 under the State Officials and Employees Ethics Act, and
100	100	15 records of any lawfully created State or local inspector
101	101	16 general's office that would be exempt if created or
102	102	17 obtained by an Executive Inspector General's office under
103	103	18 that Act.
104	104	19 (i) Information contained in a local emergency energy
105	105	20 plan submitted to a municipality in accordance with a
106	106	21 local emergency energy plan ordinance that is adopted
107	107	22 under Section 11-21.5-5 of the Illinois Municipal Code.
108	108	23 (j) Information and data concerning the distribution
109	109	24 of surcharge moneys collected and remitted by carriers
110	110	25 under the Emergency Telephone System Act.
111	111	26 (k) Law enforcement officer identification information
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122	122	1 or driver identification information compiled by a law
123	123	2 enforcement agency or the Department of Transportation
124	124	3 under Section 11-212 of the Illinois Vehicle Code.
125	125	4 (l) Records and information provided to a residential
126	126	5 health care facility resident sexual assault and death
127	127	6 review team or the Executive Council under the Abuse
128	128	7 Prevention Review Team Act.
129	129	8 (m) Information provided to the predatory lending
130	130	9 database created pursuant to Article 3 of the Residential
131	131	10 Real Property Disclosure Act, except to the extent
132	132	11 authorized under that Article.
133	133	12 (n) Defense budgets and petitions for certification of
134	134	13 compensation and expenses for court appointed trial
135	135	14 counsel as provided under Sections 10 and 15 of the
136	136	15 Capital Crimes Litigation Act. This subsection (n) shall
137	137	16 apply until the conclusion of the trial of the case, even
138	138	17 if the prosecution chooses not to pursue the death penalty
139	139	18 prior to trial or sentencing.
140	140	19 (o) Information that is prohibited from being
141	141	20 disclosed under Section 4 of the Illinois Health and
142	142	21 Hazardous Substances Registry Act.
143	143	22 (p) Security portions of system safety program plans,
144	144	23 investigation reports, surveys, schedules, lists, data, or
145	145	24 information compiled, collected, or prepared by or for the
146	146	25 Department of Transportation under Sections 2705-300 and
147	147	26 2705-616 of the Department of Transportation Law of the
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158	158	1 Civil Administrative Code of Illinois, the Regional
159	159	2 Transportation Authority under Section 2.11 of the
160	160	3 Regional Transportation Authority Act, or the St. Clair
161	161	4 County Transit District under the Bi-State Transit Safety
162	162	5 Act.
163	163	6 (q) Information prohibited from being disclosed by the
164	164	7 Personnel Record Review Act.
165	165	8 (r) Information prohibited from being disclosed by the
166	166	9 Illinois School Student Records Act.
167	167	10 (s) Information the disclosure of which is restricted
168	168	11 under Section 5-108 of the Public Utilities Act.
169	169	12 (t) All identified or deidentified health information
170	170	13 in the form of health data or medical records contained
171	171	14 in, stored in, submitted to, transferred by, or released
172	172	15 from the Illinois Health Information Exchange, and
173	173	16 identified or deidentified health information in the form
174	174	17 of health data and medical records of the Illinois Health
175	175	18 Information Exchange in the possession of the Illinois
176	176	19 Health Information Exchange Office due to its
177	177	20 administration of the Illinois Health Information
178	178	21 Exchange. The terms "identified" and "deidentified" shall
179	179	22 be given the same meaning as in the Health Insurance
180	180	23 Portability and Accountability Act of 1996, Public Law
181	181	24 104-191, or any subsequent amendments thereto, and any
182	182	25 regulations promulgated thereunder.
183	183	26 (u) Records and information provided to an independent
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188	188
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194	194	1 team of experts under the Developmental Disability and
195	195	2 Mental Health Safety Act (also known as Brian's Law).
196	196	3 (v) Names and information of people who have applied
197	197	4 for or received Firearm Owner's Identification Cards under
198	198	5 the Firearm Owners Identification Card Act or applied for
199	199	6 or received a concealed carry license under the Firearm
200	200	7 Concealed Carry Act, unless otherwise authorized by the
201	201	8 Firearm Concealed Carry Act; and databases under the
202	202	9 Firearm Concealed Carry Act, records of the Concealed
203	203	10 Carry Licensing Review Board under the Firearm Concealed
204	204	11 Carry Act, and law enforcement agency objections under the
205	205	12 Firearm Concealed Carry Act.
206	206	13 (v-5) Records of the Firearm Owner's Identification
207	207	14 Card Review Board that are exempted from disclosure under
208	208	15 Section 10 of the Firearm Owners Identification Card Act.
209	209	16 (w) Personally identifiable information which is
210	210	17 exempted from disclosure under subsection (g) of Section
211	211	18 19.1 of the Toll Highway Act.
212	212	19 (x) Information which is exempted from disclosure
213	213	20 under Section 5-1014.3 of the Counties Code or Section
214	214	21 8-11-21 of the Illinois Municipal Code.
215	215	22 (y) Confidential information under the Adult
216	216	23 Protective Services Act and its predecessor enabling
217	217	24 statute, the Elder Abuse and Neglect Act, including
218	218	25 information about the identity and administrative finding
219	219	26 against any caregiver of a verified and substantiated
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224	224
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229	229	HB3208 - 6 - LRB103 25822 RLC 52173 b
230	230	1 decision of abuse, neglect, or financial exploitation of
231	231	2 an eligible adult maintained in the Registry established
232	232	3 under Section 7.5 of the Adult Protective Services Act.
233	233	4 (z) Records and information provided to a fatality
234	234	5 review team or the Illinois Fatality Review Team Advisory
235	235	6 Council under Section 15 of the Adult Protective Services
236	236	7 Act.
237	237	8 (aa) Information which is exempted from disclosure
238	238	9 under Section 2.37 of the Wildlife Code.
239	239	10 (bb) Information which is or was prohibited from
240	240	11 disclosure by the Juvenile Court Act of 1987.
241	241	12 (cc) Recordings made under the Law Enforcement
242	242	13 Officer-Worn Body Camera Act, except to the extent
243	243	14 authorized under that Act.
244	244	15 (dd) Information that is prohibited from being
245	245	16 disclosed under Section 45 of the Condominium and Common
246	246	17 Interest Community Ombudsperson Act.
247	247	18 (ee) Information that is exempted from disclosure
248	248	19 under Section 30.1 of the Pharmacy Practice Act.
249	249	20 (ff) Information that is exempted from disclosure
250	250	21 under the Revised Uniform Unclaimed Property Act.
251	251	22 (gg) Information that is prohibited from being
252	252	23 disclosed under Section 7-603.5 of the Illinois Vehicle
253	253	24 Code.
254	254	25 (hh) Records that are exempt from disclosure under
255	255	26 Section 1A-16.7 of the Election Code.
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266	266	1 (ii) Information which is exempted from disclosure
267	267	2 under Section 2505-800 of the Department of Revenue Law of
268	268	3 the Civil Administrative Code of Illinois.
269	269	4 (jj) Information and reports that are required to be
270	270	5 submitted to the Department of Labor by registering day
271	271	6 and temporary labor service agencies but are exempt from
272	272	7 disclosure under subsection (a-1) of Section 45 of the Day
273	273	8 and Temporary Labor Services Act.
274	274	9 (kk) Information prohibited from disclosure under the
275	275	10 Seizure and Forfeiture Reporting Act.
276	276	11 (ll) Information the disclosure of which is restricted
277	277	12 and exempted under Section 5-30.8 of the Illinois Public
278	278	13 Aid Code.
279	279	14 (mm) Records that are exempt from disclosure under
280	280	15 Section 4.2 of the Crime Victims Compensation Act.
281	281	16 (nn) Information that is exempt from disclosure under
282	282	17 Section 70 of the Higher Education Student Assistance Act.
283	283	18 (oo) Communications, notes, records, and reports
284	284	19 arising out of a peer support counseling session
285	285	20 prohibited from disclosure under the First Responders
286	286	21 Suicide Prevention Act.
287	287	22 (pp) Names and all identifying information relating to
288	288	23 an employee of an emergency services provider or law
289	289	24 enforcement agency under the First Responders Suicide
290	290	25 Prevention Act.
291	291	26 (qq) Information and records held by the Department of
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302	302	1 Public Health and its authorized representatives collected
303	303	2 under the Reproductive Health Act.
304	304	3 (rr) Information that is exempt from disclosure under
305	305	4 the Cannabis Regulation and Tax Act.
306	306	5 (ss) Data reported by an employer to the Department of
307	307	6 Human Rights pursuant to Section 2-108 of the Illinois
308	308	7 Human Rights Act.
309	309	8 (tt) Recordings made under the Children's Advocacy
310	310	9 Center Act, except to the extent authorized under that
311	311	10 Act.
312	312	11 (uu) Information that is exempt from disclosure under
313	313	12 Section 50 of the Sexual Assault Evidence Submission Act.
314	314	13 (vv) Information that is exempt from disclosure under
315	315	14 subsections (f) and (j) of Section 5-36 of the Illinois
316	316	15 Public Aid Code.
317	317	16 (ww) Information that is exempt from disclosure under
318	318	17 Section 16.8 of the State Treasurer Act.
319	319	18 (xx) Information that is exempt from disclosure or
320	320	19 information that shall not be made public under the
321	321	20 Illinois Insurance Code.
322	322	21 (yy) Information prohibited from being disclosed under
323	323	22 the Illinois Educational Labor Relations Act.
324	324	23 (zz) Information prohibited from being disclosed under
325	325	24 the Illinois Public Labor Relations Act.
326	326	25 (aaa) Information prohibited from being disclosed
327	327	26 under Section 1-167 of the Illinois Pension Code.
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338	338	1 (bbb) Information that is prohibited from disclosure
339	339	2 by the Illinois Police Training Act and the Illinois State
340	340	3 Police Act.
341	341	4 (ccc) Records exempt from disclosure under Section
342	342	5 2605-304 of the Illinois State Police Law of the Civil
343	343	6 Administrative Code of Illinois.
344	344	7 (ddd) Information prohibited from being disclosed
345	345	8 under Section 35 of the Address Confidentiality for
346	346	9 Victims of Domestic Violence, Sexual Assault, Human
347	347	10 Trafficking, or Stalking Act.
348	348	11 (eee) Information prohibited from being disclosed
349	349	12 under subsection (b) of Section 75 of the Domestic
350	350	13 Violence Fatality Review Act.
351	351	14 (fff) Images from cameras under the Expressway Camera
352	352	15 Act. This subsection (fff) is inoperative on and after
353	353	16 July 1, 2023.
354	354	17 (ggg) Information prohibited from disclosure under
355	355	18 paragraph (3) of subsection (a) of Section 14 of the Nurse
356	356	19 Agency Licensing Act.
357	357	20 (hhh) Information submitted to the Department of State
358	358	21 Police in an affidavit or application for an assault
359	359	22 weapon endorsement, assault weapon attachment endorsement,
360	360	23 .50 caliber rifle endorsement, or .50 caliber cartridge
361	361	24 endorsement under the Firearm Owners Identification Card
362	362	25 Act.
363	363	26 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
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374	374	1 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
375	375	2 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
376	376	3 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
377	377	4 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
378	378	5 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
379	379	6 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
380	380	7 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
381	381	8 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)
382	382	9 Section 10. The Firearm Owners Identification Card Act is
383	383	10 amended by changing Section 8 and by adding Section 8.6 as
384	384	11 follows:
385	385	12 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
386	386	13 Sec. 8. Grounds for denial and revocation. The Illinois
387	387	14 State Police has authority to deny an application for or to
388	388	15 revoke and seize a Firearm Owner's Identification Card
389	389	16 previously issued under this Act only if the Illinois State
390	390	17 Police finds that the applicant or the person to whom such card
391	391	18 was issued is or was at the time of issuance:
392	392	19 (a) A person under 21 years of age who has been
393	393	20 convicted of a misdemeanor other than a traffic offense or
394	394	21 adjudged delinquent;
395	395	22 (b) This subsection (b) applies through the 180th day
396	396	23 following July 12, 2019 (the effective date of Public Act
397	397	24 101-80). A person under 21 years of age who does not have
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407	407	HB3208 - 11 - LRB103 25822 RLC 52173 b
408	408	1 the written consent of his parent or guardian to acquire
409	409	2 and possess firearms and firearm ammunition, or whose
410	410	3 parent or guardian has revoked such written consent, or
411	411	4 where such parent or guardian does not qualify to have a
412	412	5 Firearm Owner's Identification Card;
413	413	6 (b-5) This subsection (b-5) applies on and after the
414	414	7 181st day following July 12, 2019 (the effective date of
415	415	8 Public Act 101-80). A person under 21 years of age who is
416	416	9 not an active duty member of the United States Armed
417	417	10 Forces or the Illinois National Guard and does not have
418	418	11 the written consent of his or her parent or guardian to
419	419	12 acquire and possess firearms and firearm ammunition, or
420	420	13 whose parent or guardian has revoked such written consent,
421	421	14 or where such parent or guardian does not qualify to have a
422	422	15 Firearm Owner's Identification Card;
423	423	16 (c) A person convicted of a felony under the laws of
424	424	17 this or any other jurisdiction;
425	425	18 (d) A person addicted to narcotics;
426	426	19 (e) A person who has been a patient of a mental health
427	427	20 facility within the past 5 years or a person who has been a
428	428	21 patient in a mental health facility more than 5 years ago
429	429	22 who has not received the certification required under
430	430	23 subsection (u) of this Section. An active law enforcement
431	431	24 officer employed by a unit of government or a Department
432	432	25 of Corrections employee authorized to possess firearms who
433	433	26 is denied, revoked, or has his or her Firearm Owner's
434	434
435	435
436	436
437	437
438	438
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440	440
441	441
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443	443	HB3208 - 12 - LRB103 25822 RLC 52173 b
444	444	1 Identification Card seized under this subsection (e) may
445	445	2 obtain relief as described in subsection (c-5) of Section
446	446	3 10 of this Act if the officer or employee did not act in a
447	447	4 manner threatening to the officer or employee, another
448	448	5 person, or the public as determined by the treating
449	449	6 clinical psychologist or physician, and the officer or
450	450	7 employee seeks mental health treatment;
451	451	8 (f) A person whose mental condition is of such a
452	452	9 nature that it poses a clear and present danger to the
453	453	10 applicant, any other person or persons, or the community;
454	454	11 (g) A person who has an intellectual disability;
455	455	12 (h) A person who intentionally makes a false statement
456	456	13 in the Firearm Owner's Identification Card application or
457	457	14 endorsement affidavit;
458	458	15 (i) A noncitizen who is unlawfully present in the
459	459	16 United States under the laws of the United States;
460	460	17 (i-5) A noncitizen who has been admitted to the United
461	461	18 States under a non-immigrant visa (as that term is defined
462	462	19 in Section 101(a)(26) of the Immigration and Nationality
463	463	20 Act (8 U.S.C. 1101(a)(26))), except that this subsection
464	464	21 (i-5) does not apply to any noncitizen who has been
465	465	22 lawfully admitted to the United States under a
466	466	23 non-immigrant visa if that noncitizen is:
467	467	24 (1) admitted to the United States for lawful
468	468	25 hunting or sporting purposes;
469	469	26 (2) an official representative of a foreign
470	470
471	471
472	472
473	473
474	474
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476	476
477	477
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479	479	HB3208 - 13 - LRB103 25822 RLC 52173 b
480	480	1 government who is:
481	481	2 (A) accredited to the United States Government
482	482	3 or the Government's mission to an international
483	483	4 organization having its headquarters in the United
484	484	5 States; or
485	485	6 (B) en route to or from another country to
486	486	7 which that noncitizen is accredited;
487	487	8 (3) an official of a foreign government or
488	488	9 distinguished foreign visitor who has been so
489	489	10 designated by the Department of State;
490	490	11 (4) a foreign law enforcement officer of a
491	491	12 friendly foreign government entering the United States
492	492	13 on official business; or
493	493	14 (5) one who has received a waiver from the
494	494	15 Attorney General of the United States pursuant to 18
495	495	16 U.S.C. 922(y)(3);
496	496	17 (j) (Blank);
497	497	18 (k) A person who has been convicted within the past 5
498	498	19 years of battery, assault, aggravated assault, violation
499	499	20 of an order of protection, or a substantially similar
500	500	21 offense in another jurisdiction, in which a firearm was
501	501	22 used or possessed;
502	502	23 (l) A person who has been convicted of domestic
503	503	24 battery, aggravated domestic battery, or a substantially
504	504	25 similar offense in another jurisdiction committed before,
505	505	26 on or after January 1, 2012 (the effective date of Public
506	506
507	507
508	508
509	509
510	510
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512	512
513	513
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515	515	HB3208 - 14 - LRB103 25822 RLC 52173 b
516	516	1 Act 97-158). If the applicant or person who has been
517	517	2 previously issued a Firearm Owner's Identification Card
518	518	3 under this Act knowingly and intelligently waives the
519	519	4 right to have an offense described in this paragraph (l)
520	520	5 tried by a jury, and by guilty plea or otherwise, results
521	521	6 in a conviction for an offense in which a domestic
522	522	7 relationship is not a required element of the offense but
523	523	8 in which a determination of the applicability of 18 U.S.C.
524	524	9 922(g)(9) is made under Section 112A-11.1 of the Code of
525	525	10 Criminal Procedure of 1963, an entry by the court of a
526	526	11 judgment of conviction for that offense shall be grounds
527	527	12 for denying an application for and for revoking and
528	528	13 seizing a Firearm Owner's Identification Card previously
529	529	14 issued to the person under this Act;
530	530	15 (m) (Blank);
531	531	16 (n) A person who is prohibited from acquiring or
532	532	17 possessing firearms or firearm ammunition by any Illinois
533	533	18 State statute or by federal law;
534	534	19 (o) A minor subject to a petition filed under Section
535	535	20 5-520 of the Juvenile Court Act of 1987 alleging that the
536	536	21 minor is a delinquent minor for the commission of an
537	537	22 offense that if committed by an adult would be a felony;
538	538	23 (p) An adult who had been adjudicated a delinquent
539	539	24 minor under the Juvenile Court Act of 1987 for the
540	540	25 commission of an offense that if committed by an adult
541	541	26 would be a felony;
542	542
543	543
544	544
545	545
546	546
547	547	HB3208 - 14 - LRB103 25822 RLC 52173 b
548	548
549	549
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551	551	HB3208 - 15 - LRB103 25822 RLC 52173 b
552	552	1 (q) A person who is not a resident of the State of
553	553	2 Illinois, except as provided in subsection (a-10) of
554	554	3 Section 4;
555	555	4 (r) A person who has been adjudicated as a person with
556	556	5 a mental disability;
557	557	6 (s) A person who has been found to have a
558	558	7 developmental disability;
559	559	8 (t) A person involuntarily admitted into a mental
560	560	9 health facility; or
561	561	10 (u) A person who has had his or her Firearm Owner's
562	562	11 Identification Card revoked or denied under subsection (e)
563	563	12 of this Section or item (iv) of paragraph (2) of
564	564	13 subsection (a) of Section 4 of this Act because he or she
565	565	14 was a patient in a mental health facility as provided in
566	566	15 subsection (e) of this Section, shall not be permitted to
567	567	16 obtain a Firearm Owner's Identification Card, after the
568	568	17 5-year period has lapsed, unless he or she has received a
569	569	18 mental health evaluation by a physician, clinical
570	570	19 psychologist, or qualified examiner as those terms are
571	571	20 defined in the Mental Health and Developmental
572	572	21 Disabilities Code, and has received a certification that
573	573	22 he or she is not a clear and present danger to himself,
574	574	23 herself, or others. The physician, clinical psychologist,
575	575	24 or qualified examiner making the certification and his or
576	576	25 her employer shall not be held criminally, civilly, or
577	577	26 professionally liable for making or not making the
578	578
579	579
580	580
581	581
582	582
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584	584
585	585
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587	587	HB3208 - 16 - LRB103 25822 RLC 52173 b
588	588	1 certification required under this subsection, except for
589	589	2 willful or wanton misconduct. This subsection does not
590	590	3 apply to a person whose firearm possession rights have
591	591	4 been restored through administrative or judicial action
592	592	5 under Section 10 or 11 of this Act.
593	593	6 Upon revocation of a person's Firearm Owner's
594	594	7 Identification Card, the Illinois State Police shall provide
595	595	8 notice to the person and the person shall comply with Section
596	596	9 9.5 of this Act.
597	597	10 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
598	598	11 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
599	599	12 5-27-22; 102-1116, eff. 1-10-23.)
600	600	13 (430 ILCS 65/8.6 new)
601	601	14 Sec. 8.6. Firearm registry; prohibited. This State,
602	602	15 including the Illinois State Police, shall not establish or
603	603	16 maintain a registry that contains information about the
604	604	17 purchase of a firearm or the purchaser's personal identifying
605	605	18 information.
606	606	19 (430 ILCS 65/4.1 rep.)
607	607	20 Section 15. The Firearm Owners Identification Card Act is
608	608	21 amended by repealing Section 4.1.
609	609	22 Section 20. The Criminal Code of 2012 is amended by
610	610	23 changing Section 24-1 as follows:
611	611
612	612
613	613
614	614
615	615
616	616	HB3208 - 16 - LRB103 25822 RLC 52173 b
617	617
618	618
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620	620	HB3208 - 17 - LRB103 25822 RLC 52173 b
621	621	1 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
622	622	2 Sec. 24-1. Unlawful use of weapons.
623	623	3 (a) A person commits the offense of unlawful use of
624	624	4 weapons when he knowingly:
625	625	5 (1) Sells, manufactures, purchases, possesses or
626	626	6 carries any bludgeon, black-jack, slung-shot, sand-club,
627	627	7 sand-bag, metal knuckles or other knuckle weapon
628	628	8 regardless of its composition, throwing star, or any
629	629	9 knife, commonly referred to as a switchblade knife, which
630	630	10 has a blade that opens automatically by hand pressure
631	631	11 applied to a button, spring or other device in the handle
632	632	12 of the knife, or a ballistic knife, which is a device that
633	633	13 propels a knifelike blade as a projectile by means of a
634	634	14 coil spring, elastic material or compressed gas; or
635	635	15 (2) Carries or possesses with intent to use the same
636	636	16 unlawfully against another, a dagger, dirk, billy,
637	637	17 dangerous knife, razor, stiletto, broken bottle or other
638	638	18 piece of glass, stun gun or taser or any other dangerous or
639	639	19 deadly weapon or instrument of like character; or
640	640	20 (2.5) Carries or possesses with intent to use the same
641	641	21 unlawfully against another, any firearm in a church,
642	642	22 synagogue, mosque, or other building, structure, or place
643	643	23 used for religious worship; or
644	644	24 (3) Carries on or about his person or in any vehicle, a
645	645	25 tear gas gun projector or bomb or any object containing
646	646
647	647
648	648
649	649
650	650
651	651	HB3208 - 17 - LRB103 25822 RLC 52173 b
652	652
653	653
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655	655	HB3208 - 18 - LRB103 25822 RLC 52173 b
656	656	1 noxious liquid gas or substance, other than an object
657	657	2 containing a non-lethal noxious liquid gas or substance
658	658	3 designed solely for personal defense carried by a person
659	659	4 18 years of age or older; or
660	660	5 (4) Carries or possesses in any vehicle or concealed
661	661	6 on or about his person except when on his land or in his
662	662	7 own abode, legal dwelling, or fixed place of business, or
663	663	8 on the land or in the legal dwelling of another person as
664	664	9 an invitee with that person's permission, any pistol,
665	665	10 revolver, stun gun or taser or other firearm, except that
666	666	11 this subsection (a) (4) does not apply to or affect
667	667	12 transportation of weapons that meet one of the following
668	668	13 conditions:
669	669	14 (i) are broken down in a non-functioning state; or
670	670	15 (ii) are not immediately accessible; or
671	671	16 (iii) are unloaded and enclosed in a case, firearm
672	672	17 carrying box, shipping box, or other container by a
673	673	18 person who has been issued a currently valid Firearm
674	674	19 Owner's Identification Card; or
675	675	20 (iv) are carried or possessed in accordance with
676	676	21 the Firearm Concealed Carry Act by a person who has
677	677	22 been issued a currently valid license under the
678	678	23 Firearm Concealed Carry Act; or
679	679	24 (5) Sets a spring gun; or
680	680	25 (6) Possesses any device or attachment of any kind
681	681	26 designed, used or intended for use in silencing the report
682	682
683	683
684	684
685	685
686	686
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688	688
689	689
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691	691	HB3208 - 19 - LRB103 25822 RLC 52173 b
692	692	1 of any firearm; or
693	693	2 (7) Sells, manufactures, purchases, possesses or
694	694	3 carries:
695	695	4 (i) a machine gun, which shall be defined for the
696	696	5 purposes of this subsection as any weapon, which
697	697	6 shoots, is designed to shoot, or can be readily
698	698	7 restored to shoot, automatically more than one shot
699	699	8 without manually reloading by a single function of the
700	700	9 trigger, including the frame or receiver of any such
701	701	10 weapon, or sells, manufactures, purchases, possesses,
702	702	11 or carries any combination of parts designed or
703	703	12 intended for use in converting any weapon into a
704	704	13 machine gun, or any combination or parts from which a
705	705	14 machine gun can be assembled if such parts are in the
706	706	15 possession or under the control of a person;
707	707	16 (ii) any rifle having one or more barrels less
708	708	17 than 16 inches in length or a shotgun having one or
709	709	18 more barrels less than 18 inches in length or any
710	710	19 weapon made from a rifle or shotgun, whether by
711	711	20 alteration, modification, or otherwise, if such a
712	712	21 weapon as modified has an overall length of less than
713	713	22 26 inches; or
714	714	23 (iii) any bomb, bomb-shell, grenade, bottle or
715	715	24 other container containing an explosive substance of
716	716	25 over one-quarter ounce for like purposes, such as, but
717	717	26 not limited to, black powder bombs and Molotov
718	718
719	719
720	720
721	721
722	722
723	723	HB3208 - 19 - LRB103 25822 RLC 52173 b
724	724
725	725
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727	727	HB3208 - 20 - LRB103 25822 RLC 52173 b
728	728	1 cocktails or artillery projectiles; or
729	729	2 (8) Carries or possesses any firearm, stun gun or
730	730	3 taser or other deadly weapon in any place which is
731	731	4 licensed to sell intoxicating beverages, or at any public
732	732	5 gathering held pursuant to a license issued by any
733	733	6 governmental body or any public gathering at which an
734	734	7 admission is charged, excluding a place where a showing,
735	735	8 demonstration or lecture involving the exhibition of
736	736	9 unloaded firearms is conducted.
737	737	10 This subsection (a)(8) does not apply to any auction
738	738	11 or raffle of a firearm held pursuant to a license or permit
739	739	12 issued by a governmental body, nor does it apply to
740	740	13 persons engaged in firearm safety training courses; or
741	741	14 (9) Carries or possesses in a vehicle or on or about
742	742	15 his or her person any pistol, revolver, stun gun or taser
743	743	16 or firearm or ballistic knife, when he or she is hooded,
744	744	17 robed or masked in such manner as to conceal his or her
745	745	18 identity; or
746	746	19 (10) Carries or possesses on or about his or her
747	747	20 person, upon any public street, alley, or other public
748	748	21 lands within the corporate limits of a city, village, or
749	749	22 incorporated town, except when an invitee thereon or
750	750	23 therein, for the purpose of the display of such weapon or
751	751	24 the lawful commerce in weapons, or except when on his land
752	752	25 or in his or her own abode, legal dwelling, or fixed place
753	753	26 of business, or on the land or in the legal dwelling of
754	754
755	755
756	756
757	757
758	758
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760	760
761	761
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763	763	HB3208 - 21 - LRB103 25822 RLC 52173 b
764	764	1 another person as an invitee with that person's
765	765	2 permission, any pistol, revolver, stun gun, or taser or
766	766	3 other firearm, except that this subsection (a) (10) does
767	767	4 not apply to or affect transportation of weapons that meet
768	768	5 one of the following conditions:
769	769	6 (i) are broken down in a non-functioning state; or
770	770	7 (ii) are not immediately accessible; or
771	771	8 (iii) are unloaded and enclosed in a case, firearm
772	772	9 carrying box, shipping box, or other container by a
773	773	10 person who has been issued a currently valid Firearm
774	774	11 Owner's Identification Card; or
775	775	12 (iv) are carried or possessed in accordance with
776	776	13 the Firearm Concealed Carry Act by a person who has
777	777	14 been issued a currently valid license under the
778	778	15 Firearm Concealed Carry Act.
779	779	16 A "stun gun or taser", as used in this paragraph (a)
780	780	17 means (i) any device which is powered by electrical
781	781	18 charging units, such as, batteries, and which fires one or
782	782	19 several barbs attached to a length of wire and which, upon
783	783	20 hitting a human, can send out a current capable of
784	784	21 disrupting the person's nervous system in such a manner as
785	785	22 to render him incapable of normal functioning or (ii) any
786	786	23 device which is powered by electrical charging units, such
787	787	24 as batteries, and which, upon contact with a human or
788	788	25 clothing worn by a human, can send out current capable of
789	789	26 disrupting the person's nervous system in such a manner as
790	790
791	791
792	792
793	793
794	794
795	795	HB3208 - 21 - LRB103 25822 RLC 52173 b
796	796
797	797
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799	799	HB3208 - 22 - LRB103 25822 RLC 52173 b
800	800	1 to render him incapable of normal functioning; or
801	801	2 (11) Sells, manufactures, delivers, imports,
802	802	3 possesses, or purchases any assault weapon attachment or
803	803	4 .50 caliber cartridge in violation of Section 24-1.9 or
804	804	5 any explosive bullet. For purposes of this paragraph (a)
805	805	6 "explosive bullet" means the projectile portion of an
806	806	7 ammunition cartridge which contains or carries an
807	807	8 explosive charge which will explode upon contact with the
808	808	9 flesh of a human or an animal. "Cartridge" means a tubular
809	809	10 metal case having a projectile affixed at the front
810	810	11 thereof and a cap or primer at the rear end thereof, with
811	811	12 the propellant contained in such tube between the
812	812	13 projectile and the cap; or
813	813	14 (12) (Blank); or
814	814	15 (13) Carries or possesses on or about his or her
815	815	16 person while in a building occupied by a unit of
816	816	17 government, a billy club, other weapon of like character,
817	817	18 or other instrument of like character intended for use as
818	818	19 a weapon. For the purposes of this Section, "billy club"
819	819	20 means a short stick or club commonly carried by police
820	820	21 officers which is either telescopic or constructed of a
821	821	22 solid piece of wood or other man-made material; or
822	822	23 (14) Manufactures, possesses, sells, or offers to
823	823	24 sell, purchase, manufacture, import, transfer, or use any
824	824	25 device, part, kit, tool, accessory, or combination of
825	825	26 parts that is designed to and functions to increase the
826	826
827	827
828	828
829	829
830	830
831	831	HB3208 - 22 - LRB103 25822 RLC 52173 b
832	832
833	833
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835	835	HB3208 - 23 - LRB103 25822 RLC 52173 b
836	836	1 rate of fire of a semiautomatic firearm above the standard
837	837	2 rate of fire for semiautomatic firearms that is not
838	838	3 equipped with that device, part, or combination of parts;
839	839	4 or
840	840	5 (15) Carries or possesses any assault weapon or .50
841	841	6 caliber rifle in violation of Section 24-1.9; or
842	842	7 (16) Manufactures, sells, delivers, imports, or
843	843	8 purchases any assault weapon or .50 caliber rifle in
844	844	9 violation of Section 24-1.9.
845	845	10 (b) Sentence. A person convicted of a violation of
846	846	11 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
847	847	12 subsection 24-1(a)(11), or subsection 24-1(a)(13), or
848	848	13 24-1(a)(15) commits a Class A misdemeanor. A person convicted
849	849	14 of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits
850	850	15 a Class 4 felony; a person convicted of a violation of
851	851	16 subsection 24-1(a)(6), or 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
852	852	17 24-1(a)(16) or (iii) commits a Class 3 felony. A person
853	853	18 convicted of a violation of subsection 24-1(a)(7)(i) commits a
854	854	19 Class 2 felony and shall be sentenced to a term of imprisonment
855	855	20 of not less than 3 years and not more than 7 years, unless the
856	856	21 weapon is possessed in the passenger compartment of a motor
857	857	22 vehicle as defined in Section 1-146 of the Illinois Vehicle
858	858	23 Code, or on the person, while the weapon is loaded, in which
859	859	24 case it shall be a Class X felony. A person convicted of a
860	860	25 second or subsequent violation of subsection 24-1(a)(4),
861	861	26 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10), or 24-1(a)(15) commits
862	862
863	863
864	864
865	865
866	866
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868	868
869	869
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871	871	HB3208 - 24 - LRB103 25822 RLC 52173 b
872	872	1 a Class 3 felony. A person convicted of a violation of
873	873	2 subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2
874	874	3 felony. The possession of each weapon or device in violation
875	875	4 of this Section constitutes a single and separate violation.
876	876	5 (c) Violations in specific places.
877	877	6 (1) A person who violates subsection 24-1(a)(6) or
878	878	7 24-1(a)(7) in any school, regardless of the time of day or
879	879	8 the time of year, in residential property owned, operated
880	880	9 or managed by a public housing agency or leased by a public
881	881	10 housing agency as part of a scattered site or mixed-income
882	882	11 development, in a public park, in a courthouse, on the
883	883	12 real property comprising any school, regardless of the
884	884	13 time of day or the time of year, on residential property
885	885	14 owned, operated or managed by a public housing agency or
886	886	15 leased by a public housing agency as part of a scattered
887	887	16 site or mixed-income development, on the real property
888	888	17 comprising any public park, on the real property
889	889	18 comprising any courthouse, in any conveyance owned, leased
890	890	19 or contracted by a school to transport students to or from
891	891	20 school or a school related activity, in any conveyance
892	892	21 owned, leased, or contracted by a public transportation
893	893	22 agency, or on any public way within 1,000 feet of the real
894	894	23 property comprising any school, public park, courthouse,
895	895	24 public transportation facility, or residential property
896	896	25 owned, operated, or managed by a public housing agency or
897	897	26 leased by a public housing agency as part of a scattered
898	898
899	899
900	900
901	901
902	902
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904	904
905	905
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907	907	HB3208 - 25 - LRB103 25822 RLC 52173 b
908	908	1 site or mixed-income development commits a Class 2 felony
909	909	2 and shall be sentenced to a term of imprisonment of not
910	910	3 less than 3 years and not more than 7 years.
911	911	4 (1.5) A person who violates subsection 24-1(a)(4),
912	912	5 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
913	913	6 the time of day or the time of year, in residential
914	914	7 property owned, operated, or managed by a public housing
915	915	8 agency or leased by a public housing agency as part of a
916	916	9 scattered site or mixed-income development, in a public
917	917	10 park, in a courthouse, on the real property comprising any
918	918	11 school, regardless of the time of day or the time of year,
919	919	12 on residential property owned, operated, or managed by a
920	920	13 public housing agency or leased by a public housing agency
921	921	14 as part of a scattered site or mixed-income development,
922	922	15 on the real property comprising any public park, on the
923	923	16 real property comprising any courthouse, in any conveyance
924	924	17 owned, leased, or contracted by a school to transport
925	925	18 students to or from school or a school related activity,
926	926	19 in any conveyance owned, leased, or contracted by a public
927	927	20 transportation agency, or on any public way within 1,000
928	928	21 feet of the real property comprising any school, public
929	929	22 park, courthouse, public transportation facility, or
930	930	23 residential property owned, operated, or managed by a
931	931	24 public housing agency or leased by a public housing agency
932	932	25 as part of a scattered site or mixed-income development
933	933	26 commits a Class 3 felony.
934	934
935	935
936	936
937	937
938	938
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940	940
941	941
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943	943	HB3208 - 26 - LRB103 25822 RLC 52173 b
944	944	1 (2) A person who violates subsection 24-1(a)(1),
945	945	2 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
946	946	3 time of day or the time of year, in residential property
947	947	4 owned, operated or managed by a public housing agency or
948	948	5 leased by a public housing agency as part of a scattered
949	949	6 site or mixed-income development, in a public park, in a
950	950	7 courthouse, on the real property comprising any school,
951	951	8 regardless of the time of day or the time of year, on
952	952	9 residential property owned, operated or managed by a
953	953	10 public housing agency or leased by a public housing agency
954	954	11 as part of a scattered site or mixed-income development,
955	955	12 on the real property comprising any public park, on the
956	956	13 real property comprising any courthouse, in any conveyance
957	957	14 owned, leased or contracted by a school to transport
958	958	15 students to or from school or a school related activity,
959	959	16 in any conveyance owned, leased, or contracted by a public
960	960	17 transportation agency, or on any public way within 1,000
961	961	18 feet of the real property comprising any school, public
962	962	19 park, courthouse, public transportation facility, or
963	963	20 residential property owned, operated, or managed by a
964	964	21 public housing agency or leased by a public housing agency
965	965	22 as part of a scattered site or mixed-income development
966	966	23 commits a Class 4 felony. "Courthouse" means any building
967	967	24 that is used by the Circuit, Appellate, or Supreme Court
968	968	25 of this State for the conduct of official business.
969	969	26 (3) Paragraphs (1), (1.5), and (2) of this subsection
970	970
971	971
972	972
973	973
974	974
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976	976
977	977
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979	979	HB3208 - 27 - LRB103 25822 RLC 52173 b
980	980	1 (c) shall not apply to law enforcement officers or
981	981	2 security officers of such school, college, or university
982	982	3 or to students carrying or possessing firearms for use in
983	983	4 training courses, parades, hunting, target shooting on
984	984	5 school ranges, or otherwise with the consent of school
985	985	6 authorities and which firearms are transported unloaded
986	986	7 enclosed in a suitable case, box, or transportation
987	987	8 package.
988	988	9 (4) For the purposes of this subsection (c), "school"
989	989	10 means any public or private elementary or secondary
990	990	11 school, community college, college, or university.
991	991	12 (5) For the purposes of this subsection (c), "public
992	992	13 transportation agency" means a public or private agency
993	993	14 that provides for the transportation or conveyance of
994	994	15 persons by means available to the general public, except
995	995	16 for transportation by automobiles not used for conveyance
996	996	17 of the general public as passengers; and "public
997	997	18 transportation facility" means a terminal or other place
998	998	19 where one may obtain public transportation.
999	999	20 (d) The presence in an automobile other than a public
1000	1000	21 omnibus of any weapon, instrument or substance referred to in
1001	1001	22 subsection (a)(7) is prima facie evidence that it is in the
1002	1002	23 possession of, and is being carried by, all persons occupying
1003	1003	24 such automobile at the time such weapon, instrument or
1004	1004	25 substance is found, except under the following circumstances:
1005	1005	26 (i) if such weapon, instrument or instrumentality is found
1006	1006
1007	1007
1008	1008
1009	1009
1010	1010
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1012	1012
1013	1013
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1015	1015	HB3208 - 28 - LRB103 25822 RLC 52173 b
1016	1016	1 upon the person of one of the occupants therein; or (ii) if
1017	1017	2 such weapon, instrument or substance is found in an automobile
1018	1018	3 operated for hire by a duly licensed driver in the due, lawful
1019	1019	4 and proper pursuit of his or her trade, then such presumption
1020	1020	5 shall not apply to the driver.
1021	1021	6 (e) Exemptions.
1022	1022	7 (1) Crossbows, Common or Compound bows and Underwater
1023	1023	8 Spearguns are exempted from the definition of ballistic
1024	1024	9 knife as defined in paragraph (1) of subsection (a) of
1025	1025	10 this Section.
1026	1026	11 (2) The provision of paragraph (1) of subsection (a)
1027	1027	12 of this Section prohibiting the sale, manufacture,
1028	1028	13 purchase, possession, or carrying of any knife, commonly
1029	1029	14 referred to as a switchblade knife, which has a blade that
1030	1030	15 opens automatically by hand pressure applied to a button,
1031	1031	16 spring or other device in the handle of the knife, does not
1032	1032	17 apply to a person who possesses a currently valid Firearm
1033	1033	18 Owner's Identification Card previously issued in his or
1034	1034	19 her name by the Illinois State Police or to a person or an
1035	1035	20 entity engaged in the business of selling or manufacturing
1036	1036	21 switchblade knives.
1037	1037	22 (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;
1038	1038	23 102-1116, eff. 1-10-23.)
1039	1039	24 (720 ILCS 5/24-1.9 rep.)
1040	1040	25 (720 ILCS 5/24-1.10 rep.)
1041	1041
1042	1042
1043	1043
1044	1044
1045	1045
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1047	1047
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1050	1050	HB3208 - 29 - LRB103 25822 RLC 52173 b
1051	1051	1 Section 25. The Criminal Code of 2012 is amended by
1052	1052	2 repealing Sections 24-1.9 and 24-1.10.
1053	1053	3 Section 99. Effective date. This Act takes effect upon
1054	1054	4 becoming law.
1055	1055
1056	1056
1057	1057
1058	1058
1059	1059
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