HB1373 EngrossedLRB104 07544 RLC 17588 b HB1373 Engrossed LRB104 07544 RLC 17588 b
HB1373 Engrossed LRB104 07544 RLC 17588 b
1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Criminal Code of 2012 is amended by
5 changing Sections 2-13 and 24-8 as follows:
6 (720 ILCS 5/2-13) (from Ch. 38, par. 2-13)
7 Sec. 2-13. "Peace officer". "Peace officer" means (i) any
8 person who by virtue of the person's his office or public
9 employment is vested by law with a duty to maintain public
10 order or to make arrests for offenses, whether that duty
11 extends to all offenses or is limited to specific offenses, or
12 (ii) any person who, by statute, is granted and authorized to
13 exercise powers similar to those conferred upon any peace
14 officer employed by a law enforcement agency of this State.
15 For purposes of Sections concerning unlawful possession of
16 weapons, for the purposes of assisting an Illinois peace
17 officer in an arrest, or when the commission of any offense
18 under Illinois law is directly observed by the person, and
19 statutes involving the false personation of a peace officer,
20 false personation of a peace officer while carrying a deadly
21 weapon, false personation of a peace officer in attempting or
22 committing a felony, and false personation of a peace officer
23 in attempting or committing a forcible felony, then officers,
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1 agents, or employees of the federal government commissioned by
2 federal statute to make arrests for violations of federal
3 criminal laws shall be considered "peace officers" under this
4 Code, including, but not limited to, all criminal
5 investigators of:
6 (1) the United States Department of Justice, the
7 Federal Bureau of Investigation, the Bureau of Alcohol,
8 Tobacco, Firearms and Explosives, and the Drug Enforcement
9 Administration and all United States Marshals or Deputy
10 United States Marshals whose duties involve the
11 enforcement of federal criminal laws;
12 (1.5) the United States Department of Homeland
13 Security, United States Citizenship and Immigration
14 Services, United States Coast Guard, United States Customs
15 and Border Protection, and United States Immigration and
16 Customs Enforcement;
17 (2) the United States Department of the Treasury, the
18 Alcohol and Tobacco Tax and Trade Bureau, and the United
19 States Secret Service;
20 (3) the United States Internal Revenue Service;
21 (4) the United States General Services Administration;
22 (5) the United States Postal Service;
23 (6) (blank); and
24 (7) the United States Department of Defense.
25 (Source: P.A. 102-558, eff. 8-20-21; 103-822, eff. 1-1-25.)
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1 (720 ILCS 5/24-8)
2 Sec. 24-8. Firearm evidence.
3 (a) Upon seizing or taking into custody recovering a
4 firearm that was (i) unlawfully possessed, (ii) used for any
5 unlawful purpose, (iii) recovered from the scene of a crime,
6 or (iv) reasonably believed to have been used or associated
7 with the commission of a crime, or when a firearm is acquired
8 by the law enforcement agency as an abandoned, lost, or
9 discarded firearm, from the possession of anyone who is not
10 permitted by federal or State law to possess a firearm, a law
11 enforcement agency shall use the best available information,
12 including a firearms trace when necessary, to determine how
13 and from whom the person gained possession of the firearm and .
14 Upon recovering a firearm that was used in the commission of
15 any offense classified as a felony or upon recovering a
16 firearm that appears to have been lost, mislaid, stolen, or
17 otherwise unclaimed, a law enforcement agency shall use the
18 best available information, including a firearms trace, to
19 determine prior ownership of the firearm.
20 (b) Law enforcement shall, when appropriate, use the
21 National Tracing Center of the Federal Bureau of Alcohol,
22 Tobacco, and Firearms and Explosives and the National Crime
23 Information Center of the Federal Bureau of Investigation in
24 complying with subsection (a) of this Section.
25 (b-5) Law enforcement shall use the National Tracing
26 Center of the Federal Bureau of Alcohol, Tobacco, Firearms and
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1 Explosives' eTrace platform or successor platform in complying
2 with subsection (a). Law enforcement shall participate in the
3 National Tracing Center of the Federal Bureau of Alcohol,
4 Tobacco, Firearms and Explosives' eTrace platform or successor
5 platform's collective data sharing program for the purpose of
6 sharing firearm trace reports among all law enforcement
7 agencies in this State on a reciprocal basis.
8 (c) Law enforcement agencies shall use the Illinois State
9 Police Law Enforcement Agencies Data System (LEADS) Gun File
10 to enter all stolen, seized, or recovered firearms as
11 prescribed by LEADS regulations and policies.
12 (d) Whenever a law enforcement agency recovers a fired
13 cartridge case at a crime scene or has reason to believe that
14 the recovered fired cartridge case is related to or associated
15 with the commission of a crime, the law enforcement agency
16 shall submit the evidence to the National Integrated
17 Ballistics Information Network (NIBIN) or an Illinois State
18 Police laboratory for NIBIN processing. Whenever a law
19 enforcement agency seizes or recovers a semiautomatic firearm
20 that is deemed suitable to be entered into the NIBIN that was:
21 (i) unlawfully possessed, (ii) used for any unlawful purpose,
22 (iii) recovered from the scene of a crime, (iv) is reasonably
23 believed to have been used or associated with the commission
24 of a crime, or (v) is acquired by the law enforcement agency as
25 an abandoned or discarded firearm, the law enforcement agency
26 shall submit the evidence to the NIBIN or an Illinois State
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1 Police laboratory for NIBIN processing. When practicable, all
2 NIBIN-suitable evidence and NIBIN-suitable test fires from
3 recovered firearms shall be entered into the NIBIN within 2
4 business days of submission to Illinois State Police
5 laboratories that have NIBIN access or another NIBIN site.
6 Exceptions to this may occur if the evidence in question
7 requires analysis by other forensic disciplines. The Illinois
8 State Police laboratory, submitting agency, and relevant court
9 representatives shall determine whether the request for
10 additional analysis outweighs the 2 business-day requirement.
11 Illinois State Police laboratories that do not have NIBIN
12 access shall submit NIBIN-suitable evidence and test fires to
13 an Illinois State Police laboratory with NIBIN access. Upon
14 receipt at the laboratory with NIBIN access, when practicable,
15 the evidence and test fires shall be entered into the NIBIN
16 within 2 business days. Exceptions to this 2 business-day
17 requirement may occur if the evidence in question requires
18 analysis by other forensic disciplines. The Illinois State
19 Police laboratory, submitting agency, and relevant court
20 representatives shall determine whether the request for
21 additional analysis outweighs the 2 business-day requirement.
22 Nothing in this Section shall be interpreted to conflict with
23 standards and policies for NIBIN sites as promulgated by the
24 federal Bureau of Alcohol, Tobacco, Firearms and Explosives or
25 successor agencies.
26 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
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1 102-813, eff. 5-13-22.)
2 Section 99. Effective date. This Act takes effect upon
3 becoming law.
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