Illinois 2023-2024 Regular Session

Illinois House Bill HB4328 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 HB4328 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: 5 ILCS 140/7.5430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 65/4.1 rep.430 ILCS 67/40430 ILCS 67/45430 ILCS 67/55720 ILCS 5/24-1 from Ch. 38, par. 24-1720 ILCS 5/24-1.9 rep.720 ILCS 5/24-1.10 rep. Repeals the provisions of Public Act 102-1116 that make amendatory changes to the Firearms Restraining Order Act that provide that a petitioner for a firearms restraining order may request a plenary firearms restraining order of up to one-year, but not less than 6 months (restores the 6 months provision). Repeals provisions that the firearms restraining order may be renewed for an additional period of up to one year. Repeals amendatory provisions of the Criminal Code of 2012 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 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 that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately. LRB103 34894 RLC 64761 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4328 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED: 5 ILCS 140/7.5430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 65/4.1 rep.430 ILCS 67/40430 ILCS 67/45430 ILCS 67/55720 ILCS 5/24-1 from Ch. 38, par. 24-1720 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. 430 ILCS 67/40 430 ILCS 67/45 430 ILCS 67/55 720 ILCS 5/24-1 from Ch. 38, par. 24-1 720 ILCS 5/24-1.9 rep. 720 ILCS 5/24-1.10 rep. Repeals the provisions of Public Act 102-1116 that make amendatory changes to the Firearms Restraining Order Act that provide that a petitioner for a firearms restraining order may request a plenary firearms restraining order of up to one-year, but not less than 6 months (restores the 6 months provision). Repeals provisions that the firearms restraining order may be renewed for an additional period of up to one year. Repeals amendatory provisions of the Criminal Code of 2012 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 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 that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately. LRB103 34894 RLC 64761 b LRB103 34894 RLC 64761 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4328 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
3	3	5 ILCS 140/7.5430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 65/4.1 rep.430 ILCS 67/40430 ILCS 67/45430 ILCS 67/55720 ILCS 5/24-1 from Ch. 38, par. 24-1720 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. 430 ILCS 67/40 430 ILCS 67/45 430 ILCS 67/55 720 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	430 ILCS 67/40
8	8	430 ILCS 67/45
9	9	430 ILCS 67/55
10	10	720 ILCS 5/24-1 from Ch. 38, par. 24-1
11	11	720 ILCS 5/24-1.9 rep.
12	12	720 ILCS 5/24-1.10 rep.
13	13	Repeals the provisions of Public Act 102-1116 that make amendatory changes to the Firearms Restraining Order Act that provide that a petitioner for a firearms restraining order may request a plenary firearms restraining order of up to one-year, but not less than 6 months (restores the 6 months provision). Repeals provisions that the firearms restraining order may be renewed for an additional period of up to one year. Repeals amendatory provisions of the Criminal Code of 2012 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 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 that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately.
14	14	LRB103 34894 RLC 64761 b LRB103 34894 RLC 64761 b
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16	16	A BILL FOR
17	17	HB4328LRB103 34894 RLC 64761 b HB4328 LRB103 34894 RLC 64761 b
18	18	HB4328 LRB103 34894 RLC 64761 b
19	19	1 AN ACT concerning criminal law.
20	20	2 Be it enacted by the People of the State of Illinois,
21	21	3 represented in the General Assembly:
22	22	4 Section 5. The Freedom of Information Act is amended by
23	23	5 changing Section 7.5 as follows:
24	24	6 (5 ILCS 140/7.5)
25	25	7 Sec. 7.5. Statutory exemptions. To the extent provided for
26	26	8 by the statutes referenced below, the following shall be
27	27	9 exempt from inspection and copying:
28	28	10 (a) All information determined to be confidential
29	29	11 under Section 4002 of the Technology Advancement and
30	30	12 Development Act.
31	31	13 (b) Library circulation and order records identifying
32	32	14 library users with specific materials under the Library
33	33	15 Records Confidentiality Act.
34	34	16 (c) Applications, related documents, and medical
35	35	17 records received by the Experimental Organ Transplantation
36	36	18 Procedures Board and any and all documents or other
37	37	19 records prepared by the Experimental Organ Transplantation
38	38	20 Procedures Board or its staff relating to applications it
39	39	21 has received.
40	40	22 (d) Information and records held by the Department of
41	41	23 Public Health and its authorized representatives relating
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45	45	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4328 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
46	46	5 ILCS 140/7.5430 ILCS 65/8 from Ch. 38, par. 83-8430 ILCS 65/4.1 rep.430 ILCS 67/40430 ILCS 67/45430 ILCS 67/55720 ILCS 5/24-1 from Ch. 38, par. 24-1720 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. 430 ILCS 67/40 430 ILCS 67/45 430 ILCS 67/55 720 ILCS 5/24-1 from Ch. 38, par. 24-1 720 ILCS 5/24-1.9 rep. 720 ILCS 5/24-1.10 rep.
47	47	5 ILCS 140/7.5
48	48	430 ILCS 65/8 from Ch. 38, par. 83-8
49	49	430 ILCS 65/4.1 rep.
50	50	430 ILCS 67/40
51	51	430 ILCS 67/45
52	52	430 ILCS 67/55
53	53	720 ILCS 5/24-1 from Ch. 38, par. 24-1
54	54	720 ILCS 5/24-1.9 rep.
55	55	720 ILCS 5/24-1.10 rep.
56	56	Repeals the provisions of Public Act 102-1116 that make amendatory changes to the Firearms Restraining Order Act that provide that a petitioner for a firearms restraining order may request a plenary firearms restraining order of up to one-year, but not less than 6 months (restores the 6 months provision). Repeals provisions that the firearms restraining order may be renewed for an additional period of up to one year. Repeals amendatory provisions of the Criminal Code of 2012 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 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 that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately.
57	57	LRB103 34894 RLC 64761 b LRB103 34894 RLC 64761 b
58	58	LRB103 34894 RLC 64761 b
59	59	A BILL FOR
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65	65	5 ILCS 140/7.5
66	66	430 ILCS 65/8 from Ch. 38, par. 83-8
67	67	430 ILCS 65/4.1 rep.
68	68	430 ILCS 67/40
69	69	430 ILCS 67/45
70	70	430 ILCS 67/55
71	71	720 ILCS 5/24-1 from Ch. 38, par. 24-1
72	72	720 ILCS 5/24-1.9 rep.
73	73	720 ILCS 5/24-1.10 rep.
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92	92	1 to known or suspected cases of sexually transmissible
93	93	2 disease or any information the disclosure of which is
94	94	3 restricted under the Illinois Sexually Transmissible
95	95	4 Disease Control Act.
96	96	5 (e) Information the disclosure of which is exempted
97	97	6 under Section 30 of the Radon Industry Licensing Act.
98	98	7 (f) Firm performance evaluations under Section 55 of
99	99	8 the Architectural, Engineering, and Land Surveying
100	100	9 Qualifications Based Selection Act.
101	101	10 (g) Information the disclosure of which is restricted
102	102	11 and exempted under Section 50 of the Illinois Prepaid
103	103	12 Tuition Act.
104	104	13 (h) Information the disclosure of which is exempted
105	105	14 under the State Officials and Employees Ethics Act, and
106	106	15 records of any lawfully created State or local inspector
107	107	16 general's office that would be exempt if created or
108	108	17 obtained by an Executive Inspector General's office under
109	109	18 that Act.
110	110	19 (i) Information contained in a local emergency energy
111	111	20 plan submitted to a municipality in accordance with a
112	112	21 local emergency energy plan ordinance that is adopted
113	113	22 under Section 11-21.5-5 of the Illinois Municipal Code.
114	114	23 (j) Information and data concerning the distribution
115	115	24 of surcharge moneys collected and remitted by carriers
116	116	25 under the Emergency Telephone System Act.
117	117	26 (k) Law enforcement officer identification information
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128	128	1 or driver identification information compiled by a law
129	129	2 enforcement agency or the Department of Transportation
130	130	3 under Section 11-212 of the Illinois Vehicle Code.
131	131	4 (l) Records and information provided to a residential
132	132	5 health care facility resident sexual assault and death
133	133	6 review team or the Executive Council under the Abuse
134	134	7 Prevention Review Team Act.
135	135	8 (m) Information provided to the predatory lending
136	136	9 database created pursuant to Article 3 of the Residential
137	137	10 Real Property Disclosure Act, except to the extent
138	138	11 authorized under that Article.
139	139	12 (n) Defense budgets and petitions for certification of
140	140	13 compensation and expenses for court appointed trial
141	141	14 counsel as provided under Sections 10 and 15 of the
142	142	15 Capital Crimes Litigation Act. This subsection (n) shall
143	143	16 apply until the conclusion of the trial of the case, even
144	144	17 if the prosecution chooses not to pursue the death penalty
145	145	18 prior to trial or sentencing.
146	146	19 (o) Information that is prohibited from being
147	147	20 disclosed under Section 4 of the Illinois Health and
148	148	21 Hazardous Substances Registry Act.
149	149	22 (p) Security portions of system safety program plans,
150	150	23 investigation reports, surveys, schedules, lists, data, or
151	151	24 information compiled, collected, or prepared by or for the
152	152	25 Department of Transportation under Sections 2705-300 and
153	153	26 2705-616 of the Department of Transportation Law of the
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164	164	1 Civil Administrative Code of Illinois, the Regional
165	165	2 Transportation Authority under Section 2.11 of the
166	166	3 Regional Transportation Authority Act, or the St. Clair
167	167	4 County Transit District under the Bi-State Transit Safety
168	168	5 Act.
169	169	6 (q) Information prohibited from being disclosed by the
170	170	7 Personnel Record Review Act.
171	171	8 (r) Information prohibited from being disclosed by the
172	172	9 Illinois School Student Records Act.
173	173	10 (s) Information the disclosure of which is restricted
174	174	11 under Section 5-108 of the Public Utilities Act.
175	175	12 (t) All identified or deidentified health information
176	176	13 in the form of health data or medical records contained
177	177	14 in, stored in, submitted to, transferred by, or released
178	178	15 from the Illinois Health Information Exchange, and
179	179	16 identified or deidentified health information in the form
180	180	17 of health data and medical records of the Illinois Health
181	181	18 Information Exchange in the possession of the Illinois
182	182	19 Health Information Exchange Office due to its
183	183	20 administration of the Illinois Health Information
184	184	21 Exchange. The terms "identified" and "deidentified" shall
185	185	22 be given the same meaning as in the Health Insurance
186	186	23 Portability and Accountability Act of 1996, Public Law
187	187	24 104-191, or any subsequent amendments thereto, and any
188	188	25 regulations promulgated thereunder.
189	189	26 (u) Records and information provided to an independent
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200	200	1 team of experts under the Developmental Disability and
201	201	2 Mental Health Safety Act (also known as Brian's Law).
202	202	3 (v) Names and information of people who have applied
203	203	4 for or received Firearm Owner's Identification Cards under
204	204	5 the Firearm Owners Identification Card Act or applied for
205	205	6 or received a concealed carry license under the Firearm
206	206	7 Concealed Carry Act, unless otherwise authorized by the
207	207	8 Firearm Concealed Carry Act; and databases under the
208	208	9 Firearm Concealed Carry Act, records of the Concealed
209	209	10 Carry Licensing Review Board under the Firearm Concealed
210	210	11 Carry Act, and law enforcement agency objections under the
211	211	12 Firearm Concealed Carry Act.
212	212	13 (v-5) Records of the Firearm Owner's Identification
213	213	14 Card Review Board that are exempted from disclosure under
214	214	15 Section 10 of the Firearm Owners Identification Card Act.
215	215	16 (w) Personally identifiable information which is
216	216	17 exempted from disclosure under subsection (g) of Section
217	217	18 19.1 of the Toll Highway Act.
218	218	19 (x) Information which is exempted from disclosure
219	219	20 under Section 5-1014.3 of the Counties Code or Section
220	220	21 8-11-21 of the Illinois Municipal Code.
221	221	22 (y) Confidential information under the Adult
222	222	23 Protective Services Act and its predecessor enabling
223	223	24 statute, the Elder Abuse and Neglect Act, including
224	224	25 information about the identity and administrative finding
225	225	26 against any caregiver of a verified and substantiated
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236	236	1 decision of abuse, neglect, or financial exploitation of
237	237	2 an eligible adult maintained in the Registry established
238	238	3 under Section 7.5 of the Adult Protective Services Act.
239	239	4 (z) Records and information provided to a fatality
240	240	5 review team or the Illinois Fatality Review Team Advisory
241	241	6 Council under Section 15 of the Adult Protective Services
242	242	7 Act.
243	243	8 (aa) Information which is exempted from disclosure
244	244	9 under Section 2.37 of the Wildlife Code.
245	245	10 (bb) Information which is or was prohibited from
246	246	11 disclosure by the Juvenile Court Act of 1987.
247	247	12 (cc) Recordings made under the Law Enforcement
248	248	13 Officer-Worn Body Camera Act, except to the extent
249	249	14 authorized under that Act.
250	250	15 (dd) Information that is prohibited from being
251	251	16 disclosed under Section 45 of the Condominium and Common
252	252	17 Interest Community Ombudsperson Act.
253	253	18 (ee) Information that is exempted from disclosure
254	254	19 under Section 30.1 of the Pharmacy Practice Act.
255	255	20 (ff) Information that is exempted from disclosure
256	256	21 under the Revised Uniform Unclaimed Property Act.
257	257	22 (gg) Information that is prohibited from being
258	258	23 disclosed under Section 7-603.5 of the Illinois Vehicle
259	259	24 Code.
260	260	25 (hh) Records that are exempt from disclosure under
261	261	26 Section 1A-16.7 of the Election Code.
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272	272	1 (ii) Information which is exempted from disclosure
273	273	2 under Section 2505-800 of the Department of Revenue Law of
274	274	3 the Civil Administrative Code of Illinois.
275	275	4 (jj) Information and reports that are required to be
276	276	5 submitted to the Department of Labor by registering day
277	277	6 and temporary labor service agencies but are exempt from
278	278	7 disclosure under subsection (a-1) of Section 45 of the Day
279	279	8 and Temporary Labor Services Act.
280	280	9 (kk) Information prohibited from disclosure under the
281	281	10 Seizure and Forfeiture Reporting Act.
282	282	11 (ll) Information the disclosure of which is restricted
283	283	12 and exempted under Section 5-30.8 of the Illinois Public
284	284	13 Aid Code.
285	285	14 (mm) Records that are exempt from disclosure under
286	286	15 Section 4.2 of the Crime Victims Compensation Act.
287	287	16 (nn) Information that is exempt from disclosure under
288	288	17 Section 70 of the Higher Education Student Assistance Act.
289	289	18 (oo) Communications, notes, records, and reports
290	290	19 arising out of a peer support counseling session
291	291	20 prohibited from disclosure under the First Responders
292	292	21 Suicide Prevention Act.
293	293	22 (pp) Names and all identifying information relating to
294	294	23 an employee of an emergency services provider or law
295	295	24 enforcement agency under the First Responders Suicide
296	296	25 Prevention Act.
297	297	26 (qq) Information and records held by the Department of
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308	308	1 Public Health and its authorized representatives collected
309	309	2 under the Reproductive Health Act.
310	310	3 (rr) Information that is exempt from disclosure under
311	311	4 the Cannabis Regulation and Tax Act.
312	312	5 (ss) Data reported by an employer to the Department of
313	313	6 Human Rights pursuant to Section 2-108 of the Illinois
314	314	7 Human Rights Act.
315	315	8 (tt) Recordings made under the Children's Advocacy
316	316	9 Center Act, except to the extent authorized under that
317	317	10 Act.
318	318	11 (uu) Information that is exempt from disclosure under
319	319	12 Section 50 of the Sexual Assault Evidence Submission Act.
320	320	13 (vv) Information that is exempt from disclosure under
321	321	14 subsections (f) and (j) of Section 5-36 of the Illinois
322	322	15 Public Aid Code.
323	323	16 (ww) Information that is exempt from disclosure under
324	324	17 Section 16.8 of the State Treasurer Act.
325	325	18 (xx) Information that is exempt from disclosure or
326	326	19 information that shall not be made public under the
327	327	20 Illinois Insurance Code.
328	328	21 (yy) Information prohibited from being disclosed under
329	329	22 the Illinois Educational Labor Relations Act.
330	330	23 (zz) Information prohibited from being disclosed under
331	331	24 the Illinois Public Labor Relations Act.
332	332	25 (aaa) Information prohibited from being disclosed
333	333	26 under Section 1-167 of the Illinois Pension Code.
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344	344	1 (bbb) Information that is prohibited from disclosure
345	345	2 by the Illinois Police Training Act and the Illinois State
346	346	3 Police Act.
347	347	4 (ccc) Records exempt from disclosure under Section
348	348	5 2605-304 of the Illinois State Police Law of the Civil
349	349	6 Administrative Code of Illinois.
350	350	7 (ddd) Information prohibited from being disclosed
351	351	8 under Section 35 of the Address Confidentiality for
352	352	9 Victims of Domestic Violence, Sexual Assault, Human
353	353	10 Trafficking, or Stalking Act.
354	354	11 (eee) Information prohibited from being disclosed
355	355	12 under subsection (b) of Section 75 of the Domestic
356	356	13 Violence Fatality Review Act.
357	357	14 (fff) Images from cameras under the Expressway Camera
358	358	15 Act. This subsection (fff) is inoperative on and after
359	359	16 July 1, 2023.
360	360	17 (ggg) Information prohibited from disclosure under
361	361	18 paragraph (3) of subsection (a) of Section 14 of the Nurse
362	362	19 Agency Licensing Act.
363	363	20 (hhh) Information submitted to the Department of State
364	364	21 Police in an affidavit or application for an assault
365	365	22 weapon endorsement, assault weapon attachment endorsement,
366	366	23 .50 caliber rifle endorsement, or .50 caliber cartridge
367	367	24 endorsement under the Firearm Owners Identification Card
368	368	25 Act.
369	369	26 (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
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380	380	1 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
381	381	2 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
382	382	3 eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
383	383	4 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
384	384	5 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
385	385	6 eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
386	386	7 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
387	387	8 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
388	388	9 2-13-23.)
389	389	10 Section 10. The Firearm Owners Identification Card Act is
390	390	11 amended by changing Section 8 as follows:
391	391	12 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
392	392	13 Sec. 8. Grounds for denial and revocation. The Illinois
393	393	14 State Police has authority to deny an application for or to
394	394	15 revoke and seize a Firearm Owner's Identification Card
395	395	16 previously issued under this Act only if the Illinois State
396	396	17 Police finds that the applicant or the person to whom such card
397	397	18 was issued is or was at the time of issuance:
398	398	19 (a) A person under 21 years of age who has been
399	399	20 convicted of a misdemeanor other than a traffic offense or
400	400	21 adjudged delinquent;
401	401	22 (b) This subsection (b) applies through the 180th day
402	402	23 following July 12, 2019 (the effective date of Public Act
403	403	24 101-80). A person under 21 years of age who does not have
404	404
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406	406
407	407
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414	414	1 the written consent of his parent or guardian to acquire
415	415	2 and possess firearms and firearm ammunition, or whose
416	416	3 parent or guardian has revoked such written consent, or
417	417	4 where such parent or guardian does not qualify to have a
418	418	5 Firearm Owner's Identification Card;
419	419	6 (b-5) This subsection (b-5) applies on and after the
420	420	7 181st day following July 12, 2019 (the effective date of
421	421	8 Public Act 101-80). A person under 21 years of age who is
422	422	9 not an active duty member of the United States Armed
423	423	10 Forces or the Illinois National Guard and does not have
424	424	11 the written consent of his or her parent or guardian to
425	425	12 acquire and possess firearms and firearm ammunition, or
426	426	13 whose parent or guardian has revoked such written consent,
427	427	14 or where such parent or guardian does not qualify to have a
428	428	15 Firearm Owner's Identification Card;
429	429	16 (c) A person convicted of a felony under the laws of
430	430	17 this or any other jurisdiction;
431	431	18 (d) A person addicted to narcotics;
432	432	19 (e) A person who has been a patient of a mental health
433	433	20 facility within the past 5 years or a person who has been a
434	434	21 patient in a mental health facility more than 5 years ago
435	435	22 who has not received the certification required under
436	436	23 subsection (u) of this Section. An active law enforcement
437	437	24 officer employed by a unit of government or a Department
438	438	25 of Corrections employee authorized to possess firearms who
439	439	26 is denied, revoked, or has his or her Firearm Owner's
440	440
441	441
442	442
443	443
444	444
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446	446
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449	449	HB4328 - 12 - LRB103 34894 RLC 64761 b
450	450	1 Identification Card seized under this subsection (e) may
451	451	2 obtain relief as described in subsection (c-5) of Section
452	452	3 10 of this Act if the officer or employee did not act in a
453	453	4 manner threatening to the officer or employee, another
454	454	5 person, or the public as determined by the treating
455	455	6 clinical psychologist or physician, and the officer or
456	456	7 employee seeks mental health treatment;
457	457	8 (f) A person whose mental condition is of such a
458	458	9 nature that it poses a clear and present danger to the
459	459	10 applicant, any other person or persons, or the community;
460	460	11 (g) A person who has an intellectual disability;
461	461	12 (h) A person who intentionally makes a false statement
462	462	13 in the Firearm Owner's Identification Card application or
463	463	14 endorsement affidavit;
464	464	15 (i) A noncitizen who is unlawfully present in the
465	465	16 United States under the laws of the United States;
466	466	17 (i-5) A noncitizen who has been admitted to the United
467	467	18 States under a non-immigrant visa (as that term is defined
468	468	19 in Section 101(a)(26) of the Immigration and Nationality
469	469	20 Act (8 U.S.C. 1101(a)(26))), except that this subsection
470	470	21 (i-5) does not apply to any noncitizen who has been
471	471	22 lawfully admitted to the United States under a
472	472	23 non-immigrant visa if that noncitizen is:
473	473	24 (1) admitted to the United States for lawful
474	474	25 hunting or sporting purposes;
475	475	26 (2) an official representative of a foreign
476	476
477	477
478	478
479	479
480	480
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486	486	1 government who is:
487	487	2 (A) accredited to the United States Government
488	488	3 or the Government's mission to an international
489	489	4 organization having its headquarters in the United
490	490	5 States; or
491	491	6 (B) en route to or from another country to
492	492	7 which that noncitizen is accredited;
493	493	8 (3) an official of a foreign government or
494	494	9 distinguished foreign visitor who has been so
495	495	10 designated by the Department of State;
496	496	11 (4) a foreign law enforcement officer of a
497	497	12 friendly foreign government entering the United States
498	498	13 on official business; or
499	499	14 (5) one who has received a waiver from the
500	500	15 Attorney General of the United States pursuant to 18
501	501	16 U.S.C. 922(y)(3);
502	502	17 (j) (Blank);
503	503	18 (k) A person who has been convicted within the past 5
504	504	19 years of battery, assault, aggravated assault, violation
505	505	20 of an order of protection, or a substantially similar
506	506	21 offense in another jurisdiction, in which a firearm was
507	507	22 used or possessed;
508	508	23 (l) A person who has been convicted of domestic
509	509	24 battery, aggravated domestic battery, or a substantially
510	510	25 similar offense in another jurisdiction committed before,
511	511	26 on or after January 1, 2012 (the effective date of Public
512	512
513	513
514	514
515	515
516	516
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518	518
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522	522	1 Act 97-158). If the applicant or person who has been
523	523	2 previously issued a Firearm Owner's Identification Card
524	524	3 under this Act knowingly and intelligently waives the
525	525	4 right to have an offense described in this paragraph (l)
526	526	5 tried by a jury, and by guilty plea or otherwise, results
527	527	6 in a conviction for an offense in which a domestic
528	528	7 relationship is not a required element of the offense but
529	529	8 in which a determination of the applicability of 18 U.S.C.
530	530	9 922(g)(9) is made under Section 112A-11.1 of the Code of
531	531	10 Criminal Procedure of 1963, an entry by the court of a
532	532	11 judgment of conviction for that offense shall be grounds
533	533	12 for denying an application for and for revoking and
534	534	13 seizing a Firearm Owner's Identification Card previously
535	535	14 issued to the person under this Act;
536	536	15 (m) (Blank);
537	537	16 (n) A person who is prohibited from acquiring or
538	538	17 possessing firearms or firearm ammunition by any Illinois
539	539	18 State statute or by federal law;
540	540	19 (o) A minor subject to a petition filed under Section
541	541	20 5-520 of the Juvenile Court Act of 1987 alleging that the
542	542	21 minor is a delinquent minor for the commission of an
543	543	22 offense that if committed by an adult would be a felony;
544	544	23 (p) An adult who had been adjudicated a delinquent
545	545	24 minor under the Juvenile Court Act of 1987 for the
546	546	25 commission of an offense that if committed by an adult
547	547	26 would be a felony;
548	548
549	549
550	550
551	551
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554	554
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557	557	HB4328 - 15 - LRB103 34894 RLC 64761 b
558	558	1 (q) A person who is not a resident of the State of
559	559	2 Illinois, except as provided in subsection (a-10) of
560	560	3 Section 4;
561	561	4 (r) A person who has been adjudicated as a person with
562	562	5 a mental disability;
563	563	6 (s) A person who has been found to have a
564	564	7 developmental disability;
565	565	8 (t) A person involuntarily admitted into a mental
566	566	9 health facility; or
567	567	10 (u) A person who has had his or her Firearm Owner's
568	568	11 Identification Card revoked or denied under subsection (e)
569	569	12 of this Section or item (iv) of paragraph (2) of
570	570	13 subsection (a) of Section 4 of this Act because he or she
571	571	14 was a patient in a mental health facility as provided in
572	572	15 subsection (e) of this Section, shall not be permitted to
573	573	16 obtain a Firearm Owner's Identification Card, after the
574	574	17 5-year period has lapsed, unless he or she has received a
575	575	18 mental health evaluation by a physician, clinical
576	576	19 psychologist, or qualified examiner as those terms are
577	577	20 defined in the Mental Health and Developmental
578	578	21 Disabilities Code, and has received a certification that
579	579	22 he or she is not a clear and present danger to himself,
580	580	23 herself, or others. The physician, clinical psychologist,
581	581	24 or qualified examiner making the certification and his or
582	582	25 her employer shall not be held criminally, civilly, or
583	583	26 professionally liable for making or not making the
584	584
585	585
586	586
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593	593	HB4328 - 16 - LRB103 34894 RLC 64761 b
594	594	1 certification required under this subsection, except for
595	595	2 willful or wanton misconduct. This subsection does not
596	596	3 apply to a person whose firearm possession rights have
597	597	4 been restored through administrative or judicial action
598	598	5 under Section 10 or 11 of this Act.
599	599	6 Upon revocation of a person's Firearm Owner's
600	600	7 Identification Card, the Illinois State Police shall provide
601	601	8 notice to the person and the person shall comply with Section
602	602	9 9.5 of this Act.
603	603	10 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
604	604	11 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
605	605	12 5-27-22; 102-1116, eff. 1-10-23.)
606	606	13 (430 ILCS 65/4.1 rep.)
607	607	14 Section 15. The Firearm Owners Identification Card Act is
608	608	15 amended by repealing Section 4.1.
609	609	16 Section 20. The Firearms Restraining Order Act is amended
610	610	17 by changing Sections 40, 45, and 55 as follows:
611	611	18 (430 ILCS 67/40)
612	612	19 Sec. 40. Plenary Six-month orders.
613	613	20 (a) A petitioner may request a 6-month firearms
614	614	21 restraining order for up to one year by filing an affidavit or
615	615	22 verified pleading alleging that the respondent poses a
616	616	23 significant danger of causing personal injury to himself,
617	617
618	618
619	619
620	620
621	621
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623	623
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627	627	1 herself, or another in the near future by having in his or her
628	628	2 custody or control, purchasing, possessing, or receiving a
629	629	3 firearm, ammunition, and firearm parts that could be assembled
630	630	4 to make an operable firearm. The petition shall also describe
631	631	5 the number, types, and locations of any firearms, ammunition,
632	632	6 and firearm parts that could be assembled to make an operable
633	633	7 firearm presently believed by the petitioner to be possessed
634	634	8 or controlled by the respondent. The firearms restraining
635	635	9 order may be renewed for an additional period of up to one year
636	636	10 in accordance with Section 45 of this Act.
637	637	11 (b) If the respondent is alleged to pose a significant
638	638	12 danger of causing personal injury to an intimate partner, or
639	639	13 an intimate partner is alleged to have been the target of a
640	640	14 threat or act of violence by the respondent, the petitioner
641	641	15 shall make a good faith effort to provide notice to any and all
642	642	16 intimate partners of the respondent. The notice must include
643	643	17 the duration of time that the petitioner intends to petition
644	644	18 the court for a 6-month firearms restraining order, and, if
645	645	19 the petitioner is a law enforcement officer, referral to
646	646	20 relevant domestic violence or stalking advocacy or counseling
647	647	21 resources, if appropriate. The petitioner shall attest to
648	648	22 having provided the notice in the filed affidavit or verified
649	649	23 pleading. If, after making a good faith effort, the petitioner
650	650	24 is unable to provide notice to any or all intimate partners,
651	651	25 the affidavit or verified pleading should describe what
652	652	26 efforts were made.
653	653
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655	655
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662	662	HB4328 - 18 - LRB103 34894 RLC 64761 b
663	663	1 (c) Every person who files a petition for a plenary
664	664	2 6-month firearms restraining order, knowing the information
665	665	3 provided to the court at any hearing or in the affidavit or
666	666	4 verified pleading to be false, is guilty of perjury under
667	667	5 Section 32-2 of the Criminal Code of 2012.
668	668	6 (d) Upon receipt of a petition for a plenary 6-month
669	669	7 firearms restraining order, the court shall order a hearing
670	670	8 within 30 days.
671	671	9 (e) In determining whether to issue a firearms restraining
672	672	10 order under this Section, the court shall consider evidence
673	673	11 including, but not limited to, the following:
674	674	12 (1) The unlawful and reckless use, display, or
675	675	13 brandishing of a firearm, ammunition, and firearm parts
676	676	14 that could be assembled to make an operable firearm by the
677	677	15 respondent.
678	678	16 (2) The history of use, attempted use, or threatened
679	679	17 use of physical force by the respondent against another
680	680	18 person.
681	681	19 (3) Any prior arrest of the respondent for a felony
682	682	20 offense.
683	683	21 (4) Evidence of the abuse of controlled substances or
684	684	22 alcohol by the respondent.
685	685	23 (5) A recent threat of violence or act of violence by
686	686	24 the respondent directed toward himself, herself, or
687	687	25 another.
688	688	26 (6) A violation of an emergency order of protection
689	689
690	690
691	691
692	692
693	693
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695	695
696	696
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698	698	HB4328 - 19 - LRB103 34894 RLC 64761 b
699	699	1 issued under Section 217 of the Illinois Domestic Violence
700	700	2 Act of 1986 or Section 112A-17 of the Code of Criminal
701	701	3 Procedure of 1963 or of an order of protection issued
702	702	4 under Section 214 of the Illinois Domestic Violence Act of
703	703	5 1986 or Section 112A-14 of the Code of Criminal Procedure
704	704	6 of 1963.
705	705	7 (7) A pattern of violent acts or violent threats,
706	706	8 including, but not limited to, threats of violence or acts
707	707	9 of violence by the respondent directed toward himself,
708	708	10 herself, or another.
709	709	11 (f) At the hearing, the petitioner shall have the burden
710	710	12 of proving, by clear and convincing evidence, that the
711	711	13 respondent poses a significant danger of personal injury to
712	712	14 himself, herself, or another by having in his or her custody or
713	713	15 control, purchasing, possessing, or receiving a firearm,
714	714	16 ammunition, and firearm parts that could be assembled to make
715	715	17 an operable firearm.
716	716	18 (g) If the court finds that there is clear and convincing
717	717	19 evidence to issue a plenary firearms restraining order, the
718	718	20 court shall issue a firearms restraining order that shall be
719	719	21 in effect for up to one year, but not less than 6 months, 6
720	720	22 months subject to renewal under Section 45 of this Act or
721	721	23 termination under that Section.
722	722	24 (g-5) If the court issues a plenary 6-month firearms
723	723	25 restraining order, it shall, upon a finding of probable cause
724	724	26 that the respondent possesses firearms, ammunition, and
725	725
726	726
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731	731
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735	735	1 firearm parts that could be assembled to make an operable
736	736	2 firearm, issue a search warrant directing a law enforcement
737	737	3 agency to seize the respondent's firearms, ammunition, and
738	738	4 firearm parts that could be assembled to make an operable
739	739	5 firearm. The court may, as part of that warrant, direct the law
740	740	6 enforcement agency to search the respondent's residence and
741	741	7 other places where the court finds there is probable cause to
742	742	8 believe he or she is likely to possess the firearms,
743	743	9 ammunition, and firearm parts that could be assembled to make
744	744	10 an operable firearm. A return of the search warrant shall be
745	745	11 filed by the law enforcement agency within 4 days thereafter,
746	746	12 setting forth the time, date, and location that the search
747	747	13 warrant was executed and what items, if any, were seized.
748	748	14 (h) A plenary 6-month firearms restraining order shall
749	749	15 require:
750	750	16 (1) the respondent to refrain from having in his or
751	751	17 her custody or control, purchasing, possessing, or
752	752	18 receiving additional firearms, ammunition, and firearm
753	753	19 parts that could be assembled to make an operable firearm
754	754	20 for the duration of the order under Section 8.2 of the
755	755	21 Firearm Owners Identification Card Act; and
756	756	22 (2) the respondent to comply with Section 9.5 of the
757	757	23 Firearm Owners Identification Card Act and subsection (g)
758	758	24 of Section 70 of the Firearm Concealed Carry Act.
759	759	25 (i) Except as otherwise provided in subsection (i-5) of
760	760	26 this Section, upon expiration of the period of safekeeping, if
761	761
762	762
763	763
764	764
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768	768
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771	771	1 the firearms, ammunition, and firearm parts that could be
772	772	2 assembled to make an operable firearm or Firearm Owner's
773	773	3 Identification Card cannot be returned to the respondent
774	774	4 because the respondent cannot be located, fails to respond to
775	775	5 requests to retrieve the firearms, ammunition, and firearm
776	776	6 parts that could be assembled to make an operable firearm, or
777	777	7 is not lawfully eligible to possess a firearm, ammunition, and
778	778	8 firearm parts that could be assembled to make an operable
779	779	9 firearm, upon petition from the local law enforcement agency,
780	780	10 the court may order the local law enforcement agency to
781	781	11 destroy the firearms, ammunition, and firearm parts that could
782	782	12 be assembled to make an operable firearm, use the firearms,
783	783	13 ammunition, and firearm parts that could be assembled to make
784	784	14 an operable firearm for training purposes, or use the
785	785	15 firearms, ammunition, and firearm parts that could be
786	786	16 assembled to make an operable firearm for any other
787	787	17 application as deemed appropriate by the local law enforcement
788	788	18 agency.
789	789	19 (i-5) A respondent whose Firearm Owner's Identification
790	790	20 Card has been revoked or suspended may petition the court, if
791	791	21 the petitioner is present in court or has notice of the
792	792	22 respondent's petition, to transfer the respondent's firearm,
793	793	23 ammunition, and firearm parts that could be assembled to make
794	794	24 an operable firearm to a person who is lawfully able to possess
795	795	25 the firearm, ammunition, and firearm parts that could be
796	796	26 assembled to make an operable firearm if the person does not
797	797
798	798
799	799
800	800
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803	803
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807	807	1 reside at the same address as the respondent. Notice of the
808	808	2 petition shall be served upon the person protected by the
809	809	3 emergency firearms restraining order. While the order is in
810	810	4 effect, the transferee who receives the respondent's firearms,
811	811	5 ammunition, and firearm parts that could be assembled to make
812	812	6 an operable firearm must swear or affirm by affidavit that he
813	813	7 or she shall not transfer the firearm, ammunition, and firearm
814	814	8 parts that could be assembled to make an operable firearm to
815	815	9 the respondent or to anyone residing in the same residence as
816	816	10 the respondent.
817	817	11 (i-6) If a person other than the respondent claims title
818	818	12 to any firearms, ammunition, and firearm parts that could be
819	819	13 assembled to make an operable firearm surrendered under this
820	820	14 Section, he or she may petition the court, if the petitioner is
821	821	15 present in court or has notice of the petition, to have the
822	822	16 firearm, ammunition, and firearm parts that could be assembled
823	823	17 to make an operable firearm returned to him or her. If the
824	824	18 court determines that person to be the lawful owner of the
825	825	19 firearm, ammunition, and firearm parts that could be assembled
826	826	20 to make an operable firearm, the firearm, ammunition, and
827	827	21 firearm parts that could be assembled to make an operable
828	828	22 firearm shall be returned to him or her, provided that:
829	829	23 (1) the firearm, ammunition, and firearm parts that
830	830	24 could be assembled to make an operable firearm are removed
831	831	25 from the respondent's custody, control, or possession and
832	832	26 the lawful owner agrees to store the firearm, ammunition,
833	833
834	834
835	835
836	836
837	837
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839	839
840	840
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843	843	1 and firearm parts that could be assembled to make an
844	844	2 operable firearm in a manner such that the respondent does
845	845	3 not have access to or control of the firearm, ammunition,
846	846	4 and firearm parts that could be assembled to make an
847	847	5 operable firearm; and
848	848	6 (2) the firearm, ammunition, and firearm parts that
849	849	7 could be assembled to make an operable firearm are not
850	850	8 otherwise unlawfully possessed by the owner.
851	851	9 The person petitioning for the return of his or her
852	852	10 firearm, ammunition, and firearm parts that could be assembled
853	853	11 to make an operable firearm must swear or affirm by affidavit
854	854	12 that he or she: (i) is the lawful owner of the firearm,
855	855	13 ammunition, and firearm parts that could be assembled to make
856	856	14 an operable firearm; (ii) shall not transfer the firearm,
857	857	15 ammunition, and firearm parts that could be assembled to make
858	858	16 an operable firearm to the respondent; and (iii) will store
859	859	17 the firearm, ammunition, and firearm parts that could be
860	860	18 assembled to make an operable firearm in a manner that the
861	861	19 respondent does not have access to or control of the firearm,
862	862	20 ammunition, and firearm parts that could be assembled to make
863	863	21 an operable firearm.
864	864	22 (j) If the court does not issue a firearms restraining
865	865	23 order at the hearing, the court shall dissolve any emergency
866	866	24 firearms restraining order then in effect.
867	867	25 (k) When the court issues a firearms restraining order
868	868	26 under this Section, the court shall inform the respondent that
869	869
870	870
871	871
872	872
873	873
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876	876
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879	879	1 he or she is entitled to one hearing during the period of the
880	880	2 order to request a termination of the order, under Section 45
881	881	3 of this Act, and shall provide the respondent with a form to
882	882	4 request a hearing.
883	883	5 (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
884	884	6 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
885	885	7 5-13-22; 102-1116, eff. 1-10-23.)
886	886	8 (430 ILCS 67/45)
887	887	9 Sec. 45. Termination and renewal.
888	888	10 (a) A person subject to a firearms restraining order
889	889	11 issued under this Act may submit one written request at any
890	890	12 time during the effective period of the order for a hearing to
891	891	13 terminate the order.
892	892	14 (1) The respondent shall have the burden of proving by
893	893	15 a preponderance of the evidence that the respondent does
894	894	16 not pose a danger of causing personal injury to himself,
895	895	17 herself, or another in the near future by having in his or
896	896	18 her custody or control, purchasing, possessing, or
897	897	19 receiving a firearm, ammunition, and firearm parts that
898	898	20 could be assembled to make an operable firearm.
899	899	21 (2) If the court finds after the hearing that the
900	900	22 respondent has met his or her burden, the court shall
901	901	23 terminate the order.
902	902	24 (b) A petitioner may request a renewal of a firearms
903	903	25 restraining order at any time within the 3 months before the
904	904
905	905
906	906
907	907
908	908
909	909	HB4328 - 24 - LRB103 34894 RLC 64761 b
910	910
911	911
912	912	HB4328- 25 -LRB103 34894 RLC 64761 b HB4328 - 25 - LRB103 34894 RLC 64761 b
913	913	HB4328 - 25 - LRB103 34894 RLC 64761 b
914	914	1 expiration of a firearms restraining order.
915	915	2 (1) A court shall, after notice and a hearing, renew a
916	916	3 firearms restraining order issued under this part if the
917	917	4 petitioner proves, by clear and convincing evidence, that
918	918	5 the respondent continues to pose a danger of causing
919	919	6 personal injury to himself, herself, or another in the
920	920	7 near future by having in his or her custody or control,
921	921	8 purchasing, possessing, or receiving a firearm,
922	922	9 ammunition, and firearm parts that could be assembled to
923	923	10 make an operable firearm.
924	924	11 (2) In determining whether to renew a firearms
925	925	12 restraining order issued under this Act, the court shall
926	926	13 consider evidence of the facts identified in subsection
927	927	14 (e) of Section 40 of this Act and any other evidence of an
928	928	15 increased risk for violence.
929	929	16 (3) At the hearing, the petitioner shall have the
930	930	17 burden of proving by clear and convincing evidence that
931	931	18 the respondent continues to pose a danger of causing
932	932	19 personal injury to himself, herself, or another in the
933	933	20 near future by having in his or her custody or control,
934	934	21 purchasing, possessing, or receiving a firearm,
935	935	22 ammunition, and firearm parts that could be assembled to
936	936	23 make an operable firearm.
937	937	24 (4) The renewal of a firearms restraining order issued
938	938	25 under this Section shall be in effect for 6 months up to
939	939	26 one year and may be renewed for an additional period of up
940	940
941	941
942	942
943	943
944	944
945	945	HB4328 - 25 - LRB103 34894 RLC 64761 b
946	946
947	947
948	948	HB4328- 26 -LRB103 34894 RLC 64761 b HB4328 - 26 - LRB103 34894 RLC 64761 b
949	949	HB4328 - 26 - LRB103 34894 RLC 64761 b
950	950	1 to one year, subject to termination by further order of
951	951	2 the court at a hearing held under this Section and further
952	952	3 renewal by further order of the court under this Section.
953	953	4 (Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22;
954	954	5 102-1116, eff. 1-10-23.)
955	955	6 (430 ILCS 67/55)
956	956	7 Sec. 55. Data maintenance by law enforcement agencies.
957	957	8 (a) All sheriffs shall furnish to the Illinois State
958	958	9 Police, daily, in the form and detail the Illinois State
959	959	10 Police requires, copies of any recorded firearms restraining
960	960	11 orders issued by the court, and any foreign orders of
961	961	12 protection filed by the clerk of the court, and transmitted to
962	962	13 the sheriff by the clerk of the court under Section 50. Each
963	963	14 firearms restraining order shall be entered in the Law
964	964	15 Enforcement Agencies Data System (LEADS) on the same day it is
965	965	16 issued by the court. If an emergency firearms restraining
966	966	17 order was issued in accordance with Section 35 of this Act, the
967	967	18 order shall be entered in the Law Enforcement Agencies Data
968	968	19 System (LEADS) as soon as possible after receipt from the
969	969	20 clerk.
970	970	21 (b) The Illinois State Police shall maintain a complete
971	971	22 and systematic record and index of all valid and recorded
972	972	23 firearms restraining orders issued or filed under this Act.
973	973	24 The data shall be used to inform all dispatchers and law
974	974	25 enforcement officers at the scene of a violation of a firearms
975	975
976	976
977	977
978	978
979	979
980	980	HB4328 - 26 - LRB103 34894 RLC 64761 b
981	981
982	982
983	983	HB4328- 27 -LRB103 34894 RLC 64761 b HB4328 - 27 - LRB103 34894 RLC 64761 b
984	984	HB4328 - 27 - LRB103 34894 RLC 64761 b
985	985	1 restraining order of the effective dates and terms of any
986	986	2 recorded order of protection.
987	987	3 (c) The data, records, and transmittals required under
988	988	4 this Section shall pertain to any valid emergency or plenary
989	989	5 6-month firearms restraining order, whether issued in a civil
990	990	6 or criminal proceeding or authorized under the laws of another
991	991	7 state, tribe, or United States territory.
992	992	8 (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21;
993	993	9 102-1116, eff. 1-10-23.)
994	994	10 Section 25. The Criminal Code of 2012 is amended by
995	995	11 changing Section 24-1 as follows:
996	996	12 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
997	997	13 Sec. 24-1. Unlawful use of weapons.
998	998	14 (a) A person commits the offense of unlawful use of
999	999	15 weapons when he knowingly:
1000	1000	16 (1) Sells, manufactures, purchases, possesses or
1001	1001	17 carries any bludgeon, black-jack, slung-shot, sand-club,
1002	1002	18 sand-bag, metal knuckles or other knuckle weapon
1003	1003	19 regardless of its composition, throwing star, or any
1004	1004	20 knife, commonly referred to as a switchblade knife, which
1005	1005	21 has a blade that opens automatically by hand pressure
1006	1006	22 applied to a button, spring or other device in the handle
1007	1007	23 of the knife, or a ballistic knife, which is a device that
1008	1008	24 propels a knifelike blade as a projectile by means of a
1009	1009
1010	1010
1011	1011
1012	1012
1013	1013
1014	1014	HB4328 - 27 - LRB103 34894 RLC 64761 b
1015	1015
1016	1016
1017	1017	HB4328- 28 -LRB103 34894 RLC 64761 b HB4328 - 28 - LRB103 34894 RLC 64761 b
1018	1018	HB4328 - 28 - LRB103 34894 RLC 64761 b
1019	1019	1 coil spring, elastic material or compressed gas; or
1020	1020	2 (2) Carries or possesses with intent to use the same
1021	1021	3 unlawfully against another, a dagger, dirk, billy,
1022	1022	4 dangerous knife, razor, stiletto, broken bottle or other
1023	1023	5 piece of glass, stun gun or taser or any other dangerous or
1024	1024	6 deadly weapon or instrument of like character; or
1025	1025	7 (2.5) Carries or possesses with intent to use the same
1026	1026	8 unlawfully against another, any firearm in a church,
1027	1027	9 synagogue, mosque, or other building, structure, or place
1028	1028	10 used for religious worship; or
1029	1029	11 (3) Carries on or about his person or in any vehicle, a
1030	1030	12 tear gas gun projector or bomb or any object containing
1031	1031	13 noxious liquid gas or substance, other than an object
1032	1032	14 containing a non-lethal noxious liquid gas or substance
1033	1033	15 designed solely for personal defense carried by a person
1034	1034	16 18 years of age or older; or
1035	1035	17 (4) Carries or possesses in any vehicle or concealed
1036	1036	18 on or about his person except when on his land or in his
1037	1037	19 own abode, legal dwelling, or fixed place of business, or
1038	1038	20 on the land or in the legal dwelling of another person as
1039	1039	21 an invitee with that person's permission, any pistol,
1040	1040	22 revolver, stun gun or taser or other firearm, except that
1041	1041	23 this subsection (a) (4) does not apply to or affect
1042	1042	24 transportation of weapons that meet one of the following
1043	1043	25 conditions:
1044	1044	26 (i) are broken down in a non-functioning state; or
1045	1045
1046	1046
1047	1047
1048	1048
1049	1049
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1051	1051
1052	1052
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1054	1054	HB4328 - 29 - LRB103 34894 RLC 64761 b
1055	1055	1 (ii) are not immediately accessible; or
1056	1056	2 (iii) are unloaded and enclosed in a case, firearm
1057	1057	3 carrying box, shipping box, or other container by a
1058	1058	4 person who has been issued a currently valid Firearm
1059	1059	5 Owner's Identification Card; or
1060	1060	6 (iv) are carried or possessed in accordance with
1061	1061	7 the Firearm Concealed Carry Act by a person who has
1062	1062	8 been issued a currently valid license under the
1063	1063	9 Firearm Concealed Carry Act; or
1064	1064	10 (5) Sets a spring gun; or
1065	1065	11 (6) Possesses any device or attachment of any kind
1066	1066	12 designed, used or intended for use in silencing the report
1067	1067	13 of any firearm; or
1068	1068	14 (7) Sells, manufactures, purchases, possesses or
1069	1069	15 carries:
1070	1070	16 (i) a machine gun, which shall be defined for the
1071	1071	17 purposes of this subsection as any weapon, which
1072	1072	18 shoots, is designed to shoot, or can be readily
1073	1073	19 restored to shoot, automatically more than one shot
1074	1074	20 without manually reloading by a single function of the
1075	1075	21 trigger, including the frame or receiver of any such
1076	1076	22 weapon, or sells, manufactures, purchases, possesses,
1077	1077	23 or carries any combination of parts designed or
1078	1078	24 intended for use in converting any weapon into a
1079	1079	25 machine gun, or any combination or parts from which a
1080	1080	26 machine gun can be assembled if such parts are in the
1081	1081
1082	1082
1083	1083
1084	1084
1085	1085
1086	1086	HB4328 - 29 - LRB103 34894 RLC 64761 b
1087	1087
1088	1088
1089	1089	HB4328- 30 -LRB103 34894 RLC 64761 b HB4328 - 30 - LRB103 34894 RLC 64761 b
1090	1090	HB4328 - 30 - LRB103 34894 RLC 64761 b
1091	1091	1 possession or under the control of a person;
1092	1092	2 (ii) any rifle having one or more barrels less
1093	1093	3 than 16 inches in length or a shotgun having one or
1094	1094	4 more barrels less than 18 inches in length or any
1095	1095	5 weapon made from a rifle or shotgun, whether by
1096	1096	6 alteration, modification, or otherwise, if such a
1097	1097	7 weapon as modified has an overall length of less than
1098	1098	8 26 inches; or
1099	1099	9 (iii) any bomb, bomb-shell, grenade, bottle or
1100	1100	10 other container containing an explosive substance of
1101	1101	11 over one-quarter ounce for like purposes, such as, but
1102	1102	12 not limited to, black powder bombs and Molotov
1103	1103	13 cocktails or artillery projectiles; or
1104	1104	14 (8) Carries or possesses any firearm, stun gun or
1105	1105	15 taser or other deadly weapon in any place which is
1106	1106	16 licensed to sell intoxicating beverages, or at any public
1107	1107	17 gathering held pursuant to a license issued by any
1108	1108	18 governmental body or any public gathering at which an
1109	1109	19 admission is charged, excluding a place where a showing,
1110	1110	20 demonstration or lecture involving the exhibition of
1111	1111	21 unloaded firearms is conducted.
1112	1112	22 This subsection (a)(8) does not apply to any auction
1113	1113	23 or raffle of a firearm held pursuant to a license or permit
1114	1114	24 issued by a governmental body, nor does it apply to
1115	1115	25 persons engaged in firearm safety training courses; or
1116	1116	26 (9) Carries or possesses in a vehicle or on or about
1117	1117
1118	1118
1119	1119
1120	1120
1121	1121
1122	1122	HB4328 - 30 - LRB103 34894 RLC 64761 b
1123	1123
1124	1124
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1126	1126	HB4328 - 31 - LRB103 34894 RLC 64761 b
1127	1127	1 his or her person any pistol, revolver, stun gun or taser
1128	1128	2 or firearm or ballistic knife, when he or she is hooded,
1129	1129	3 robed or masked in such manner as to conceal his or her
1130	1130	4 identity; or
1131	1131	5 (10) Carries or possesses on or about his or her
1132	1132	6 person, upon any public street, alley, or other public
1133	1133	7 lands within the corporate limits of a city, village, or
1134	1134	8 incorporated town, except when an invitee thereon or
1135	1135	9 therein, for the purpose of the display of such weapon or
1136	1136	10 the lawful commerce in weapons, or except when on his land
1137	1137	11 or in his or her own abode, legal dwelling, or fixed place
1138	1138	12 of business, or on the land or in the legal dwelling of
1139	1139	13 another person as an invitee with that person's
1140	1140	14 permission, any pistol, revolver, stun gun, or taser or
1141	1141	15 other firearm, except that this subsection (a) (10) does
1142	1142	16 not apply to or affect transportation of weapons that meet
1143	1143	17 one of the following conditions:
1144	1144	18 (i) are broken down in a non-functioning state; or
1145	1145	19 (ii) are not immediately accessible; or
1146	1146	20 (iii) are unloaded and enclosed in a case, firearm
1147	1147	21 carrying box, shipping box, or other container by a
1148	1148	22 person who has been issued a currently valid Firearm
1149	1149	23 Owner's Identification Card; or
1150	1150	24 (iv) are carried or possessed in accordance with
1151	1151	25 the Firearm Concealed Carry Act by a person who has
1152	1152	26 been issued a currently valid license under the
1153	1153
1154	1154
1155	1155
1156	1156
1157	1157
1158	1158	HB4328 - 31 - LRB103 34894 RLC 64761 b
1159	1159
1160	1160
1161	1161	HB4328- 32 -LRB103 34894 RLC 64761 b HB4328 - 32 - LRB103 34894 RLC 64761 b
1162	1162	HB4328 - 32 - LRB103 34894 RLC 64761 b
1163	1163	1 Firearm Concealed Carry Act.
1164	1164	2 A "stun gun or taser", as used in this paragraph (a)
1165	1165	3 means (i) any device which is powered by electrical
1166	1166	4 charging units, such as, batteries, and which fires one or
1167	1167	5 several barbs attached to a length of wire and which, upon
1168	1168	6 hitting a human, can send out a current capable of
1169	1169	7 disrupting the person's nervous system in such a manner as
1170	1170	8 to render him incapable of normal functioning or (ii) any
1171	1171	9 device which is powered by electrical charging units, such
1172	1172	10 as batteries, and which, upon contact with a human or
1173	1173	11 clothing worn by a human, can send out current capable of
1174	1174	12 disrupting the person's nervous system in such a manner as
1175	1175	13 to render him incapable of normal functioning; or
1176	1176	14 (11) Sells, manufactures, delivers, imports,
1177	1177	15 possesses, or purchases any assault weapon attachment or
1178	1178	16 .50 caliber cartridge in violation of Section 24-1.9 or
1179	1179	17 any explosive bullet. For purposes of this paragraph (a)
1180	1180	18 "explosive bullet" means the projectile portion of an
1181	1181	19 ammunition cartridge which contains or carries an
1182	1182	20 explosive charge which will explode upon contact with the
1183	1183	21 flesh of a human or an animal. "Cartridge" means a tubular
1184	1184	22 metal case having a projectile affixed at the front
1185	1185	23 thereof and a cap or primer at the rear end thereof, with
1186	1186	24 the propellant contained in such tube between the
1187	1187	25 projectile and the cap; or
1188	1188	26 (12) (Blank); or
1189	1189
1190	1190
1191	1191
1192	1192
1193	1193
1194	1194	HB4328 - 32 - LRB103 34894 RLC 64761 b
1195	1195
1196	1196
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1198	1198	HB4328 - 33 - LRB103 34894 RLC 64761 b
1199	1199	1 (13) Carries or possesses on or about his or her
1200	1200	2 person while in a building occupied by a unit of
1201	1201	3 government, a billy club, other weapon of like character,
1202	1202	4 or other instrument of like character intended for use as
1203	1203	5 a weapon. For the purposes of this Section, "billy club"
1204	1204	6 means a short stick or club commonly carried by police
1205	1205	7 officers which is either telescopic or constructed of a
1206	1206	8 solid piece of wood or other man-made material; or
1207	1207	9 (14) Manufactures, possesses, sells, or offers to
1208	1208	10 sell, purchase, manufacture, import, transfer, or use any
1209	1209	11 device, part, kit, tool, accessory, or combination of
1210	1210	12 parts that is designed to and functions to increase the
1211	1211	13 rate of fire of a semiautomatic firearm above the standard
1212	1212	14 rate of fire for semiautomatic firearms that is not
1213	1213	15 equipped with that device, part, or combination of parts;
1214	1214	16 or
1215	1215	17 (15) Carries or possesses any assault weapon or .50
1216	1216	18 caliber rifle in violation of Section 24-1.9; or
1217	1217	19 (16) Manufactures, sells, delivers, imports, or
1218	1218	20 purchases any assault weapon or .50 caliber rifle in
1219	1219	21 violation of Section 24-1.9.
1220	1220	22 (b) Sentence. A person convicted of a violation of
1221	1221	23 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
1222	1222	24 subsection 24-1(a)(11), or subsection 24-1(a)(13), or
1223	1223	25 24-1(a)(15) commits a Class A misdemeanor. A person convicted
1224	1224	26 of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits
1225	1225
1226	1226
1227	1227
1228	1228
1229	1229
1230	1230	HB4328 - 33 - LRB103 34894 RLC 64761 b
1231	1231
1232	1232
1233	1233	HB4328- 34 -LRB103 34894 RLC 64761 b HB4328 - 34 - LRB103 34894 RLC 64761 b
1234	1234	HB4328 - 34 - LRB103 34894 RLC 64761 b
1235	1235	1 a Class 4 felony; a person convicted of a violation of
1236	1236	2 subsection 24-1(a)(6), or 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
1237	1237	3 24-1(a)(16) or (iii) commits a Class 3 felony. A person
1238	1238	4 convicted of a violation of subsection 24-1(a)(7)(i) commits a
1239	1239	5 Class 2 felony and shall be sentenced to a term of imprisonment
1240	1240	6 of not less than 3 years and not more than 7 years, unless the
1241	1241	7 weapon is possessed in the passenger compartment of a motor
1242	1242	8 vehicle as defined in Section 1-146 of the Illinois Vehicle
1243	1243	9 Code, or on the person, while the weapon is loaded, in which
1244	1244	10 case it shall be a Class X felony. A person convicted of a
1245	1245	11 second or subsequent violation of subsection 24-1(a)(4),
1246	1246	12 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10), or 24-1(a)(15) commits
1247	1247	13 a Class 3 felony. A person convicted of a violation of
1248	1248	14 subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2
1249	1249	15 felony. The possession of each weapon or device in violation
1250	1250	16 of this Section constitutes a single and separate violation.
1251	1251	17 (c) Violations in specific places.
1252	1252	18 (1) A person who violates subsection 24-1(a)(6) or
1253	1253	19 24-1(a)(7) in any school, regardless of the time of day or
1254	1254	20 the time of year, in residential property owned, operated
1255	1255	21 or managed by a public housing agency or leased by a public
1256	1256	22 housing agency as part of a scattered site or mixed-income
1257	1257	23 development, in a public park, in a courthouse, on the
1258	1258	24 real property comprising any school, regardless of the
1259	1259	25 time of day or the time of year, on residential property
1260	1260	26 owned, operated or managed by a public housing agency or
1261	1261
1262	1262
1263	1263
1264	1264
1265	1265
1266	1266	HB4328 - 34 - LRB103 34894 RLC 64761 b
1267	1267
1268	1268
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1270	1270	HB4328 - 35 - LRB103 34894 RLC 64761 b
1271	1271	1 leased by a public housing agency as part of a scattered
1272	1272	2 site or mixed-income development, on the real property
1273	1273	3 comprising any public park, on the real property
1274	1274	4 comprising any courthouse, in any conveyance owned, leased
1275	1275	5 or contracted by a school to transport students to or from
1276	1276	6 school or a school related activity, in any conveyance
1277	1277	7 owned, leased, or contracted by a public transportation
1278	1278	8 agency, or on any public way within 1,000 feet of the real
1279	1279	9 property comprising any school, public park, courthouse,
1280	1280	10 public transportation facility, or residential property
1281	1281	11 owned, operated, or managed by a public housing agency or
1282	1282	12 leased by a public housing agency as part of a scattered
1283	1283	13 site or mixed-income development commits a Class 2 felony
1284	1284	14 and shall be sentenced to a term of imprisonment of not
1285	1285	15 less than 3 years and not more than 7 years.
1286	1286	16 (1.5) A person who violates subsection 24-1(a)(4),
1287	1287	17 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
1288	1288	18 the time of day or the time of year, in residential
1289	1289	19 property owned, operated, or managed by a public housing
1290	1290	20 agency or leased by a public housing agency as part of a
1291	1291	21 scattered site or mixed-income development, in a public
1292	1292	22 park, in a courthouse, on the real property comprising any
1293	1293	23 school, regardless of the time of day or the time of year,
1294	1294	24 on residential property owned, operated, or managed by a
1295	1295	25 public housing agency or leased by a public housing agency
1296	1296	26 as part of a scattered site or mixed-income development,
1297	1297
1298	1298
1299	1299
1300	1300
1301	1301
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1303	1303
1304	1304
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1306	1306	HB4328 - 36 - LRB103 34894 RLC 64761 b
1307	1307	1 on the real property comprising any public park, on the
1308	1308	2 real property comprising any courthouse, in any conveyance
1309	1309	3 owned, leased, or contracted by a school to transport
1310	1310	4 students to or from school or a school related activity,
1311	1311	5 in any conveyance owned, leased, or contracted by a public
1312	1312	6 transportation agency, or on any public way within 1,000
1313	1313	7 feet of the real property comprising any school, public
1314	1314	8 park, courthouse, public transportation facility, or
1315	1315	9 residential property owned, operated, or managed by a
1316	1316	10 public housing agency or leased by a public housing agency
1317	1317	11 as part of a scattered site or mixed-income development
1318	1318	12 commits a Class 3 felony.
1319	1319	13 (2) A person who violates subsection 24-1(a)(1),
1320	1320	14 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
1321	1321	15 time of day or the time of year, in residential property
1322	1322	16 owned, operated or managed by a public housing agency or
1323	1323	17 leased by a public housing agency as part of a scattered
1324	1324	18 site or mixed-income development, in a public park, in a
1325	1325	19 courthouse, on the real property comprising any school,
1326	1326	20 regardless of the time of day or the time of year, on
1327	1327	21 residential property owned, operated or managed by a
1328	1328	22 public housing agency or leased by a public housing agency
1329	1329	23 as part of a scattered site or mixed-income development,
1330	1330	24 on the real property comprising any public park, on the
1331	1331	25 real property comprising any courthouse, in any conveyance
1332	1332	26 owned, leased or contracted by a school to transport
1333	1333
1334	1334
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1343	1343	1 students to or from school or a school related activity,
1344	1344	2 in any conveyance owned, leased, or contracted by a public
1345	1345	3 transportation agency, or on any public way within 1,000
1346	1346	4 feet of the real property comprising any school, public
1347	1347	5 park, courthouse, public transportation facility, or
1348	1348	6 residential property owned, operated, or managed by a
1349	1349	7 public housing agency or leased by a public housing agency
1350	1350	8 as part of a scattered site or mixed-income development
1351	1351	9 commits a Class 4 felony. "Courthouse" means any building
1352	1352	10 that is used by the Circuit, Appellate, or Supreme Court
1353	1353	11 of this State for the conduct of official business.
1354	1354	12 (3) Paragraphs (1), (1.5), and (2) of this subsection
1355	1355	13 (c) shall not apply to law enforcement officers or
1356	1356	14 security officers of such school, college, or university
1357	1357	15 or to students carrying or possessing firearms for use in
1358	1358	16 training courses, parades, hunting, target shooting on
1359	1359	17 school ranges, or otherwise with the consent of school
1360	1360	18 authorities and which firearms are transported unloaded
1361	1361	19 enclosed in a suitable case, box, or transportation
1362	1362	20 package.
1363	1363	21 (4) For the purposes of this subsection (c), "school"
1364	1364	22 means any public or private elementary or secondary
1365	1365	23 school, community college, college, or university.
1366	1366	24 (5) For the purposes of this subsection (c), "public
1367	1367	25 transportation agency" means a public or private agency
1368	1368	26 that provides for the transportation or conveyance of
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1379	1379	1 persons by means available to the general public, except
1380	1380	2 for transportation by automobiles not used for conveyance
1381	1381	3 of the general public as passengers; and "public
1382	1382	4 transportation facility" means a terminal or other place
1383	1383	5 where one may obtain public transportation.
1384	1384	6 (d) The presence in an automobile other than a public
1385	1385	7 omnibus of any weapon, instrument or substance referred to in
1386	1386	8 subsection (a)(7) is prima facie evidence that it is in the
1387	1387	9 possession of, and is being carried by, all persons occupying
1388	1388	10 such automobile at the time such weapon, instrument or
1389	1389	11 substance is found, except under the following circumstances:
1390	1390	12 (i) if such weapon, instrument or instrumentality is found
1391	1391	13 upon the person of one of the occupants therein; or (ii) if
1392	1392	14 such weapon, instrument or substance is found in an automobile
1393	1393	15 operated for hire by a duly licensed driver in the due, lawful
1394	1394	16 and proper pursuit of his or her trade, then such presumption
1395	1395	17 shall not apply to the driver.
1396	1396	18 (e) Exemptions.
1397	1397	19 (1) Crossbows, Common or Compound bows and Underwater
1398	1398	20 Spearguns are exempted from the definition of ballistic
1399	1399	21 knife as defined in paragraph (1) of subsection (a) of
1400	1400	22 this Section.
1401	1401	23 (2) The provision of paragraph (1) of subsection (a)
1402	1402	24 of this Section prohibiting the sale, manufacture,
1403	1403	25 purchase, possession, or carrying of any knife, commonly
1404	1404	26 referred to as a switchblade knife, which has a blade that
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1415	1415	1 opens automatically by hand pressure applied to a button,
1416	1416	2 spring or other device in the handle of the knife, does not
1417	1417	3 apply to a person who possesses a currently valid Firearm
1418	1418	4 Owner's Identification Card previously issued in his or
1419	1419	5 her name by the Illinois State Police or to a person or an
1420	1420	6 entity engaged in the business of selling or manufacturing
1421	1421	7 switchblade knives.
1422	1422	8 (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;
1423	1423	9 102-1116, eff. 1-10-23.)
1424	1424	10 (720 ILCS 5/24-1.9 rep.)
1425	1425	11 (720 ILCS 5/24-1.10 rep.)
1426	1426	12 Section 30. The Criminal Code of 2012 is amended by
1427	1427	13 repealing Sections 24-1.9 and 24-1.10.
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