Illinois 2025-2026 Regular Session

Illinois House Bill HB3242 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3242 Introduced , by Rep. Adam M. Niemerg 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 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. LRB104 10409 RLC 20484 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3242 Introduced , by Rep. Adam M. Niemerg 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 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. LRB104 10409 RLC 20484 b LRB104 10409 RLC 20484 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3242 Introduced , by Rep. Adam M. Niemerg 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 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	LRB104 10409 RLC 20484 b LRB104 10409 RLC 20484 b
15	15	LRB104 10409 RLC 20484 b
16	16	A BILL FOR
17	17	HB3242LRB104 10409 RLC 20484 b HB3242 LRB104 10409 RLC 20484 b
18	18	HB3242 LRB104 10409 RLC 20484 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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43	43
44	44
45	45	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3242 Introduced , by Rep. Adam M. Niemerg 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 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	LRB104 10409 RLC 20484 b LRB104 10409 RLC 20484 b
58	58	LRB104 10409 RLC 20484 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.
74	74
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91	91	HB3242 - 2 - LRB104 10409 RLC 20484 b
92	92	1 to known or suspected cases of sexually transmitted
93	93	2 infection or any information the disclosure of which is
94	94	3 restricted under the Illinois Sexually Transmitted
95	95	4 Infection 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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122	122
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127	127	HB3242 - 3 - LRB104 10409 RLC 20484 b
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 (repealed). This subsection
143	143	16 (n) shall apply until the conclusion of the trial of the
144	144	17 case, even if the prosecution chooses not to pursue the
145	145	18 death penalty 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
154	154
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158	158
159	159	HB3242 - 3 - LRB104 10409 RLC 20484 b
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162	162	HB3242- 4 -LRB104 10409 RLC 20484 b HB3242 - 4 - LRB104 10409 RLC 20484 b
163	163	HB3242 - 4 - LRB104 10409 RLC 20484 b
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 (repealed).
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) (Blank).
176	176	13 (u) Records and information provided to an independent
177	177	14 team of experts under the Developmental Disability and
178	178	15 Mental Health Safety Act (also known as Brian's Law).
179	179	16 (v) Names and information of people who have applied
180	180	17 for or received Firearm Owner's Identification Cards under
181	181	18 the Firearm Owners Identification Card Act or applied for
182	182	19 or received a concealed carry license under the Firearm
183	183	20 Concealed Carry Act, unless otherwise authorized by the
184	184	21 Firearm Concealed Carry Act; and databases under the
185	185	22 Firearm Concealed Carry Act, records of the Concealed
186	186	23 Carry Licensing Review Board under the Firearm Concealed
187	187	24 Carry Act, and law enforcement agency objections under the
188	188	25 Firearm Concealed Carry Act.
189	189	26 (v-5) Records of the Firearm Owner's Identification
190	190
191	191
192	192
193	193
194	194
195	195	HB3242 - 4 - LRB104 10409 RLC 20484 b
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198	198	HB3242- 5 -LRB104 10409 RLC 20484 b HB3242 - 5 - LRB104 10409 RLC 20484 b
199	199	HB3242 - 5 - LRB104 10409 RLC 20484 b
200	200	1 Card Review Board that are exempted from disclosure under
201	201	2 Section 10 of the Firearm Owners Identification Card Act.
202	202	3 (w) Personally identifiable information which is
203	203	4 exempted from disclosure under subsection (g) of Section
204	204	5 19.1 of the Toll Highway Act.
205	205	6 (x) Information which is exempted from disclosure
206	206	7 under Section 5-1014.3 of the Counties Code or Section
207	207	8 8-11-21 of the Illinois Municipal Code.
208	208	9 (y) Confidential information under the Adult
209	209	10 Protective Services Act and its predecessor enabling
210	210	11 statute, the Elder Abuse and Neglect Act, including
211	211	12 information about the identity and administrative finding
212	212	13 against any caregiver of a verified and substantiated
213	213	14 decision of abuse, neglect, or financial exploitation of
214	214	15 an eligible adult maintained in the Registry established
215	215	16 under Section 7.5 of the Adult Protective Services Act.
216	216	17 (z) Records and information provided to a fatality
217	217	18 review team or the Illinois Fatality Review Team Advisory
218	218	19 Council under Section 15 of the Adult Protective Services
219	219	20 Act.
220	220	21 (aa) Information which is exempted from disclosure
221	221	22 under Section 2.37 of the Wildlife Code.
222	222	23 (bb) Information which is or was prohibited from
223	223	24 disclosure by the Juvenile Court Act of 1987.
224	224	25 (cc) Recordings made under the Law Enforcement
225	225	26 Officer-Worn Body Camera Act, except to the extent
226	226
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228	228
229	229
230	230
231	231	HB3242 - 5 - LRB104 10409 RLC 20484 b
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235	235	HB3242 - 6 - LRB104 10409 RLC 20484 b
236	236	1 authorized under that Act.
237	237	2 (dd) Information that is prohibited from being
238	238	3 disclosed under Section 45 of the Condominium and Common
239	239	4 Interest Community Ombudsperson Act.
240	240	5 (ee) Information that is exempted from disclosure
241	241	6 under Section 30.1 of the Pharmacy Practice Act.
242	242	7 (ff) Information that is exempted from disclosure
243	243	8 under the Revised Uniform Unclaimed Property Act.
244	244	9 (gg) Information that is prohibited from being
245	245	10 disclosed under Section 7-603.5 of the Illinois Vehicle
246	246	11 Code.
247	247	12 (hh) Records that are exempt from disclosure under
248	248	13 Section 1A-16.7 of the Election Code.
249	249	14 (ii) Information which is exempted from disclosure
250	250	15 under Section 2505-800 of the Department of Revenue Law of
251	251	16 the Civil Administrative Code of Illinois.
252	252	17 (jj) Information and reports that are required to be
253	253	18 submitted to the Department of Labor by registering day
254	254	19 and temporary labor service agencies but are exempt from
255	255	20 disclosure under subsection (a-1) of Section 45 of the Day
256	256	21 and Temporary Labor Services Act.
257	257	22 (kk) Information prohibited from disclosure under the
258	258	23 Seizure and Forfeiture Reporting Act.
259	259	24 (ll) Information the disclosure of which is restricted
260	260	25 and exempted under Section 5-30.8 of the Illinois Public
261	261	26 Aid Code.
262	262
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266	266
267	267	HB3242 - 6 - LRB104 10409 RLC 20484 b
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272	272	1 (mm) Records that are exempt from disclosure under
273	273	2 Section 4.2 of the Crime Victims Compensation Act.
274	274	3 (nn) Information that is exempt from disclosure under
275	275	4 Section 70 of the Higher Education Student Assistance Act.
276	276	5 (oo) Communications, notes, records, and reports
277	277	6 arising out of a peer support counseling session
278	278	7 prohibited from disclosure under the First Responders
279	279	8 Suicide Prevention Act.
280	280	9 (pp) Names and all identifying information relating to
281	281	10 an employee of an emergency services provider or law
282	282	11 enforcement agency under the First Responders Suicide
283	283	12 Prevention Act.
284	284	13 (qq) Information and records held by the Department of
285	285	14 Public Health and its authorized representatives collected
286	286	15 under the Reproductive Health Act.
287	287	16 (rr) Information that is exempt from disclosure under
288	288	17 the Cannabis Regulation and Tax Act.
289	289	18 (ss) Data reported by an employer to the Department of
290	290	19 Human Rights pursuant to Section 2-108 of the Illinois
291	291	20 Human Rights Act.
292	292	21 (tt) Recordings made under the Children's Advocacy
293	293	22 Center Act, except to the extent authorized under that
294	294	23 Act.
295	295	24 (uu) Information that is exempt from disclosure under
296	296	25 Section 50 of the Sexual Assault Evidence Submission Act.
297	297	26 (vv) Information that is exempt from disclosure under
298	298
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302	302
303	303	HB3242 - 7 - LRB104 10409 RLC 20484 b
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308	308	1 subsections (f) and (j) of Section 5-36 of the Illinois
309	309	2 Public Aid Code.
310	310	3 (ww) Information that is exempt from disclosure under
311	311	4 Section 16.8 of the State Treasurer Act.
312	312	5 (xx) Information that is exempt from disclosure or
313	313	6 information that shall not be made public under the
314	314	7 Illinois Insurance Code.
315	315	8 (yy) Information prohibited from being disclosed under
316	316	9 the Illinois Educational Labor Relations Act.
317	317	10 (zz) Information prohibited from being disclosed under
318	318	11 the Illinois Public Labor Relations Act.
319	319	12 (aaa) Information prohibited from being disclosed
320	320	13 under Section 1-167 of the Illinois Pension Code.
321	321	14 (bbb) Information that is prohibited from disclosure
322	322	15 by the Illinois Police Training Act and the Illinois State
323	323	16 Police Act.
324	324	17 (ccc) Records exempt from disclosure under Section
325	325	18 2605-304 of the Illinois State Police Law of the Civil
326	326	19 Administrative Code of Illinois.
327	327	20 (ddd) Information prohibited from being disclosed
328	328	21 under Section 35 of the Address Confidentiality for
329	329	22 Victims of Domestic Violence, Sexual Assault, Human
330	330	23 Trafficking, or Stalking Act.
331	331	24 (eee) Information prohibited from being disclosed
332	332	25 under subsection (b) of Section 75 of the Domestic
333	333	26 Violence Fatality Review Act.
334	334
335	335
336	336
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338	338
339	339	HB3242 - 8 - LRB104 10409 RLC 20484 b
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344	344	1 (fff) Images from cameras under the Expressway Camera
345	345	2 Act. This subsection (fff) is inoperative on and after
346	346	3 July 1, 2025.
347	347	4 (ggg) Information prohibited from disclosure under
348	348	5 paragraph (3) of subsection (a) of Section 14 of the Nurse
349	349	6 Agency Licensing Act.
350	350	7 (hhh) (Blank). Information submitted to the Illinois
351	351	8 State Police in an affidavit or application for an assault
352	352	9 weapon endorsement, assault weapon attachment endorsement,
353	353	10 .50 caliber rifle endorsement, or .50 caliber cartridge
354	354	11 endorsement under the Firearm Owners Identification Card
355	355	12 Act.
356	356	13 (iii) Data exempt from disclosure under Section 50 of
357	357	14 the School Safety Drill Act.
358	358	15 (jjj) Information exempt from disclosure under Section
359	359	16 30 of the Insurance Data Security Law.
360	360	17 (kkk) Confidential business information prohibited
361	361	18 from disclosure under Section 45 of the Paint Stewardship
362	362	19 Act.
363	363	20 (lll) Data exempt from disclosure under Section
364	364	21 2-3.196 of the School Code.
365	365	22 (mmm) Information prohibited from being disclosed
366	366	23 under subsection (e) of Section 1-129 of the Illinois
367	367	24 Power Agency Act.
368	368	25 (nnn) Materials received by the Department of Commerce
369	369	26 and Economic Opportunity that are confidential under the
370	370
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380	380	1 Music and Musicians Tax Credit and Jobs Act.
381	381	2 (ooo) (nnn) Data or information provided pursuant to
382	382	3 Section 20 of the Statewide Recycling Needs and Assessment
383	383	4 Act.
384	384	5 (ppp) (nnn) Information that is exempt from disclosure
385	385	6 under Section 28-11 of the Lawful Health Care Activity
386	386	7 Act.
387	387	8 (qqq) (nnn) Information that is exempt from disclosure
388	388	9 under Section 7-101 of the Illinois Human Rights Act.
389	389	10 (rrr) (mmm) Information prohibited from being
390	390	11 disclosed under Section 4-2 of the Uniform Money
391	391	12 Transmission Modernization Act.
392	392	13 (sss) (nnn) Information exempt from disclosure under
393	393	14 Section 40 of the Student-Athlete Endorsement Rights Act.
394	394	15 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
395	395	16 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
396	396	17 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
397	397	18 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
398	398	19 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
399	399	20 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
400	400	21 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff.
401	401	22 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786,
402	402	23 eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24;
403	403	24 103-1049, eff. 8-9-24; revised 11-26-24.)
404	404	25 Section 10. The Firearm Owners Identification Card Act is
405	405
406	406
407	407
408	408
409	409
410	410	HB3242 - 10 - LRB104 10409 RLC 20484 b
411	411
412	412
413	413	HB3242- 11 -LRB104 10409 RLC 20484 b HB3242 - 11 - LRB104 10409 RLC 20484 b
414	414	HB3242 - 11 - LRB104 10409 RLC 20484 b
415	415	1 amended by changing Section 8 as follows:
416	416	2 (430 ILCS 65/8) (from Ch. 38, par. 83-8)
417	417	3 Sec. 8. Grounds for denial and revocation. The Illinois
418	418	4 State Police has authority to deny an application for or to
419	419	5 revoke and seize a Firearm Owner's Identification Card
420	420	6 previously issued under this Act only if the Illinois State
421	421	7 Police finds that the applicant or the person to whom such card
422	422	8 was issued is or was at the time of issuance:
423	423	9 (a) A person under 21 years of age who has been
424	424	10 convicted of a misdemeanor other than a traffic offense or
425	425	11 adjudged delinquent;
426	426	12 (b) This subsection (b) applies through the 180th day
427	427	13 following July 12, 2019 (the effective date of Public Act
428	428	14 101-80). A person under 21 years of age who does not have
429	429	15 the written consent of his parent or guardian to acquire
430	430	16 and possess firearms and firearm ammunition, or whose
431	431	17 parent or guardian has revoked such written consent, or
432	432	18 where such parent or guardian does not qualify to have a
433	433	19 Firearm Owner's Identification Card;
434	434	20 (b-5) This subsection (b-5) applies on and after the
435	435	21 181st day following July 12, 2019 (the effective date of
436	436	22 Public Act 101-80). A person under 21 years of age who is
437	437	23 not an active duty member of the United States Armed
438	438	24 Forces or the Illinois National Guard and does not have
439	439	25 the written consent of his or her parent or guardian to
440	440
441	441
442	442
443	443
444	444
445	445	HB3242 - 11 - LRB104 10409 RLC 20484 b
446	446
447	447
448	448	HB3242- 12 -LRB104 10409 RLC 20484 b HB3242 - 12 - LRB104 10409 RLC 20484 b
449	449	HB3242 - 12 - LRB104 10409 RLC 20484 b
450	450	1 acquire and possess firearms and firearm ammunition, or
451	451	2 whose parent or guardian has revoked such written consent,
452	452	3 or where such parent or guardian does not qualify to have a
453	453	4 Firearm Owner's Identification Card;
454	454	5 (c) A person convicted of a felony under the laws of
455	455	6 this or any other jurisdiction;
456	456	7 (d) A person addicted to narcotics;
457	457	8 (e) A person who has been a patient of a mental health
458	458	9 facility within the past 5 years or a person who has been a
459	459	10 patient in a mental health facility more than 5 years ago
460	460	11 who has not received the certification required under
461	461	12 subsection (u) of this Section. An active law enforcement
462	462	13 officer employed by a unit of government or a Department
463	463	14 of Corrections employee authorized to possess firearms who
464	464	15 is denied, revoked, or has his or her Firearm Owner's
465	465	16 Identification Card seized under this subsection (e) may
466	466	17 obtain relief as described in subsection (c-5) of Section
467	467	18 10 of this Act if the officer or employee did not act in a
468	468	19 manner threatening to the officer or employee, another
469	469	20 person, or the public as determined by the treating
470	470	21 clinical psychologist or physician, and the officer or
471	471	22 employee seeks mental health treatment;
472	472	23 (f) A person whose mental condition is of such a
473	473	24 nature that it poses a clear and present danger to the
474	474	25 applicant, any other person or persons, or the community;
475	475	26 (g) A person who has an intellectual disability;
476	476
477	477
478	478
479	479
480	480
481	481	HB3242 - 12 - LRB104 10409 RLC 20484 b
482	482
483	483
484	484	HB3242- 13 -LRB104 10409 RLC 20484 b HB3242 - 13 - LRB104 10409 RLC 20484 b
485	485	HB3242 - 13 - LRB104 10409 RLC 20484 b
486	486	1 (h) A person who intentionally makes a false statement
487	487	2 in the Firearm Owner's Identification Card application or
488	488	3 endorsement affidavit;
489	489	4 (i) A noncitizen who is unlawfully present in the
490	490	5 United States under the laws of the United States;
491	491	6 (i-5) A noncitizen who has been admitted to the United
492	492	7 States under a non-immigrant visa (as that term is defined
493	493	8 in Section 101(a)(26) of the Immigration and Nationality
494	494	9 Act (8 U.S.C. 1101(a)(26))), except that this subsection
495	495	10 (i-5) does not apply to any noncitizen who has been
496	496	11 lawfully admitted to the United States under a
497	497	12 non-immigrant visa if that noncitizen is:
498	498	13 (1) admitted to the United States for lawful
499	499	14 hunting or sporting purposes;
500	500	15 (2) an official representative of a foreign
501	501	16 government who is:
502	502	17 (A) accredited to the United States Government
503	503	18 or the Government's mission to an international
504	504	19 organization having its headquarters in the United
505	505	20 States; or
506	506	21 (B) en route to or from another country to
507	507	22 which that noncitizen is accredited;
508	508	23 (3) an official of a foreign government or
509	509	24 distinguished foreign visitor who has been so
510	510	25 designated by the Department of State;
511	511	26 (4) a foreign law enforcement officer of a
512	512
513	513
514	514
515	515
516	516
517	517	HB3242 - 13 - LRB104 10409 RLC 20484 b
518	518
519	519
520	520	HB3242- 14 -LRB104 10409 RLC 20484 b HB3242 - 14 - LRB104 10409 RLC 20484 b
521	521	HB3242 - 14 - LRB104 10409 RLC 20484 b
522	522	1 friendly foreign government entering the United States
523	523	2 on official business; or
524	524	3 (5) one who has received a waiver from the
525	525	4 Attorney General of the United States pursuant to 18
526	526	5 U.S.C. 922(y)(3);
527	527	6 (j) (Blank);
528	528	7 (k) A person who has been convicted within the past 5
529	529	8 years of battery, assault, aggravated assault, violation
530	530	9 of an order of protection, or a substantially similar
531	531	10 offense in another jurisdiction, in which a firearm was
532	532	11 used or possessed;
533	533	12 (l) A person who has been convicted of domestic
534	534	13 battery, aggravated domestic battery, or a substantially
535	535	14 similar offense in another jurisdiction committed before,
536	536	15 on or after January 1, 2012 (the effective date of Public
537	537	16 Act 97-158). If the applicant or person who has been
538	538	17 previously issued a Firearm Owner's Identification Card
539	539	18 under this Act knowingly and intelligently waives the
540	540	19 right to have an offense described in this paragraph (l)
541	541	20 tried by a jury, and by guilty plea or otherwise, results
542	542	21 in a conviction for an offense in which a domestic
543	543	22 relationship is not a required element of the offense but
544	544	23 in which a determination of the applicability of 18 U.S.C.
545	545	24 922(g)(9) is made under Section 112A-11.1 of the Code of
546	546	25 Criminal Procedure of 1963, an entry by the court of a
547	547	26 judgment of conviction for that offense shall be grounds
548	548
549	549
550	550
551	551
552	552
553	553	HB3242 - 14 - LRB104 10409 RLC 20484 b
554	554
555	555
556	556	HB3242- 15 -LRB104 10409 RLC 20484 b HB3242 - 15 - LRB104 10409 RLC 20484 b
557	557	HB3242 - 15 - LRB104 10409 RLC 20484 b
558	558	1 for denying an application for and for revoking and
559	559	2 seizing a Firearm Owner's Identification Card previously
560	560	3 issued to the person under this Act;
561	561	4 (m) (Blank);
562	562	5 (n) A person who is prohibited from acquiring or
563	563	6 possessing firearms or firearm ammunition by any Illinois
564	564	7 State statute or by federal law;
565	565	8 (o) A minor subject to a petition filed under Section
566	566	9 5-520 of the Juvenile Court Act of 1987 alleging that the
567	567	10 minor is a delinquent minor for the commission of an
568	568	11 offense that if committed by an adult would be a felony;
569	569	12 (p) An adult who had been adjudicated a delinquent
570	570	13 minor under the Juvenile Court Act of 1987 for the
571	571	14 commission of an offense that if committed by an adult
572	572	15 would be a felony;
573	573	16 (q) A person who is not a resident of the State of
574	574	17 Illinois, except as provided in subsection (a-10) of
575	575	18 Section 4;
576	576	19 (r) A person who has been adjudicated as a person with
577	577	20 a mental disability;
578	578	21 (s) A person who has been found to have a
579	579	22 developmental disability;
580	580	23 (t) A person involuntarily admitted into a mental
581	581	24 health facility; or
582	582	25 (u) A person who has had his or her Firearm Owner's
583	583	26 Identification Card revoked or denied under subsection (e)
584	584
585	585
586	586
587	587
588	588
589	589	HB3242 - 15 - LRB104 10409 RLC 20484 b
590	590
591	591
592	592	HB3242- 16 -LRB104 10409 RLC 20484 b HB3242 - 16 - LRB104 10409 RLC 20484 b
593	593	HB3242 - 16 - LRB104 10409 RLC 20484 b
594	594	1 of this Section or item (iv) of paragraph (2) of
595	595	2 subsection (a) of Section 4 of this Act because he or she
596	596	3 was a patient in a mental health facility as provided in
597	597	4 subsection (e) of this Section, shall not be permitted to
598	598	5 obtain a Firearm Owner's Identification Card, after the
599	599	6 5-year period has lapsed, unless he or she has received a
600	600	7 mental health evaluation by a physician, clinical
601	601	8 psychologist, or qualified examiner as those terms are
602	602	9 defined in the Mental Health and Developmental
603	603	10 Disabilities Code, and has received a certification that
604	604	11 he or she is not a clear and present danger to himself,
605	605	12 herself, or others. The physician, clinical psychologist,
606	606	13 or qualified examiner making the certification and his or
607	607	14 her employer shall not be held criminally, civilly, or
608	608	15 professionally liable for making or not making the
609	609	16 certification required under this subsection, except for
610	610	17 willful or wanton misconduct. This subsection does not
611	611	18 apply to a person whose firearm possession rights have
612	612	19 been restored through administrative or judicial action
613	613	20 under Section 10 or 11 of this Act.
614	614	21 Upon revocation of a person's Firearm Owner's
615	615	22 Identification Card, the Illinois State Police shall provide
616	616	23 notice to the person and the person shall comply with Section
617	617	24 9.5 of this Act.
618	618	25 (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
619	619	26 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
620	620
621	621
622	622
623	623
624	624
625	625	HB3242 - 16 - LRB104 10409 RLC 20484 b
626	626
627	627
628	628	HB3242- 17 -LRB104 10409 RLC 20484 b HB3242 - 17 - LRB104 10409 RLC 20484 b
629	629	HB3242 - 17 - LRB104 10409 RLC 20484 b
630	630	1 5-27-22; 102-1116, eff. 1-10-23.)
631	631	2 (430 ILCS 65/4.1 rep.)
632	632	3 Section 15. The Firearm Owners Identification Card Act is
633	633	4 amended by repealing Section 4.1.
634	634	5 Section 20. The Firearms Restraining Order Act is amended
635	635	6 by changing Sections 40, 45, and 55 as follows:
636	636	7 (430 ILCS 67/40)
637	637	8 Sec. 40. Plenary Six-month orders.
638	638	9 (a) A petitioner may request a 6-month firearms
639	639	10 restraining order for up to one year by filing an affidavit or
640	640	11 verified pleading alleging that the respondent poses a
641	641	12 significant danger of causing personal injury to himself,
642	642	13 herself, or another in the near future by having in his or her
643	643	14 custody or control, purchasing, possessing, or receiving a
644	644	15 firearm, ammunition, and firearm parts that could be assembled
645	645	16 to make an operable firearm. The petition shall also describe
646	646	17 the number, types, and locations of any firearms, ammunition,
647	647	18 and firearm parts that could be assembled to make an operable
648	648	19 firearm presently believed by the petitioner to be possessed
649	649	20 or controlled by the respondent. The firearms restraining
650	650	21 order may be renewed for an additional period of up to one year
651	651	22 in accordance with Section 45 of this Act.
652	652	23 (b) If the respondent is alleged to pose a significant
653	653
654	654
655	655
656	656
657	657
658	658	HB3242 - 17 - LRB104 10409 RLC 20484 b
659	659
660	660
661	661	HB3242- 18 -LRB104 10409 RLC 20484 b HB3242 - 18 - LRB104 10409 RLC 20484 b
662	662	HB3242 - 18 - LRB104 10409 RLC 20484 b
663	663	1 danger of causing personal injury to an intimate partner, or
664	664	2 an intimate partner is alleged to have been the target of a
665	665	3 threat or act of violence by the respondent, the petitioner
666	666	4 shall make a good faith effort to provide notice to any and all
667	667	5 intimate partners of the respondent. The notice must include
668	668	6 the duration of time that the petitioner intends to petition
669	669	7 the court for a 6-month firearms restraining order, and, if
670	670	8 the petitioner is a law enforcement officer, referral to
671	671	9 relevant domestic violence or stalking advocacy or counseling
672	672	10 resources, if appropriate. The petitioner shall attest to
673	673	11 having provided the notice in the filed affidavit or verified
674	674	12 pleading. If, after making a good faith effort, the petitioner
675	675	13 is unable to provide notice to any or all intimate partners,
676	676	14 the affidavit or verified pleading should describe what
677	677	15 efforts were made.
678	678	16 (c) Every person who files a petition for a plenary
679	679	17 6-month firearms restraining order, knowing the information
680	680	18 provided to the court at any hearing or in the affidavit or
681	681	19 verified pleading to be false, is guilty of perjury under
682	682	20 Section 32-2 of the Criminal Code of 2012.
683	683	21 (d) Upon receipt of a petition for a plenary 6-month
684	684	22 firearms restraining order, the court shall order a hearing
685	685	23 within 30 days.
686	686	24 (e) In determining whether to issue a firearms restraining
687	687	25 order under this Section, the court shall consider evidence
688	688	26 including, but not limited to, the following:
689	689
690	690
691	691
692	692
693	693
694	694	HB3242 - 18 - LRB104 10409 RLC 20484 b
695	695
696	696
697	697	HB3242- 19 -LRB104 10409 RLC 20484 b HB3242 - 19 - LRB104 10409 RLC 20484 b
698	698	HB3242 - 19 - LRB104 10409 RLC 20484 b
699	699	1 (1) The unlawful and reckless use, display, or
700	700	2 brandishing of a firearm, ammunition, and firearm parts
701	701	3 that could be assembled to make an operable firearm by the
702	702	4 respondent.
703	703	5 (2) The history of use, attempted use, or threatened
704	704	6 use of physical force by the respondent against another
705	705	7 person.
706	706	8 (3) Any prior arrest of the respondent for a felony
707	707	9 offense.
708	708	10 (4) Evidence of the abuse of controlled substances or
709	709	11 alcohol by the respondent.
710	710	12 (5) A recent threat of violence or act of violence by
711	711	13 the respondent directed toward himself, herself, or
712	712	14 another.
713	713	15 (6) A violation of an emergency order of protection
714	714	16 issued under Section 217 of the Illinois Domestic Violence
715	715	17 Act of 1986 or Section 112A-17 of the Code of Criminal
716	716	18 Procedure of 1963 or of an order of protection issued
717	717	19 under Section 214 of the Illinois Domestic Violence Act of
718	718	20 1986 or Section 112A-14 of the Code of Criminal Procedure
719	719	21 of 1963.
720	720	22 (7) A pattern of violent acts or violent threats,
721	721	23 including, but not limited to, threats of violence or acts
722	722	24 of violence by the respondent directed toward himself,
723	723	25 herself, or another.
724	724	26 (f) At the hearing, the petitioner shall have the burden
725	725
726	726
727	727
728	728
729	729
730	730	HB3242 - 19 - LRB104 10409 RLC 20484 b
731	731
732	732
733	733	HB3242- 20 -LRB104 10409 RLC 20484 b HB3242 - 20 - LRB104 10409 RLC 20484 b
734	734	HB3242 - 20 - LRB104 10409 RLC 20484 b
735	735	1 of proving, by clear and convincing evidence, that the
736	736	2 respondent poses a significant danger of personal injury to
737	737	3 himself, herself, or another by having in his or her custody or
738	738	4 control, purchasing, possessing, or receiving a firearm,
739	739	5 ammunition, and firearm parts that could be assembled to make
740	740	6 an operable firearm.
741	741	7 (g) If the court finds that there is clear and convincing
742	742	8 evidence to issue a plenary firearms restraining order, the
743	743	9 court shall issue a firearms restraining order that shall be
744	744	10 in effect for up to one year, but not less than 6 months, 6
745	745	11 months subject to renewal under Section 45 of this Act or
746	746	12 termination under that Section.
747	747	13 (g-5) If the court issues a plenary 6-month firearms
748	748	14 restraining order, it shall, upon a finding of probable cause
749	749	15 that the respondent possesses firearms, ammunition, and
750	750	16 firearm parts that could be assembled to make an operable
751	751	17 firearm, issue a search warrant directing a law enforcement
752	752	18 agency to seize the respondent's firearms, ammunition, and
753	753	19 firearm parts that could be assembled to make an operable
754	754	20 firearm. The court may, as part of that warrant, direct the law
755	755	21 enforcement agency to search the respondent's residence and
756	756	22 other places where the court finds there is probable cause to
757	757	23 believe he or she is likely to possess the firearms,
758	758	24 ammunition, and firearm parts that could be assembled to make
759	759	25 an operable firearm. A return of the search warrant shall be
760	760	26 filed by the law enforcement agency within 4 days thereafter,
761	761
762	762
763	763
764	764
765	765
766	766	HB3242 - 20 - LRB104 10409 RLC 20484 b
767	767
768	768
769	769	HB3242- 21 -LRB104 10409 RLC 20484 b HB3242 - 21 - LRB104 10409 RLC 20484 b
770	770	HB3242 - 21 - LRB104 10409 RLC 20484 b
771	771	1 setting forth the time, date, and location that the search
772	772	2 warrant was executed and what items, if any, were seized.
773	773	3 (h) A plenary 6-month firearms restraining order shall
774	774	4 require:
775	775	5 (1) the respondent to refrain from having in his or
776	776	6 her custody or control, purchasing, possessing, or
777	777	7 receiving additional firearms, ammunition, and firearm
778	778	8 parts that could be assembled to make an operable firearm
779	779	9 for the duration of the order under Section 8.2 of the
780	780	10 Firearm Owners Identification Card Act; and
781	781	11 (2) the respondent to comply with Section 9.5 of the
782	782	12 Firearm Owners Identification Card Act and subsection (g)
783	783	13 of Section 70 of the Firearm Concealed Carry Act.
784	784	14 (i) Except as otherwise provided in subsection (i-5) of
785	785	15 this Section, upon expiration of the period of safekeeping, if
786	786	16 the firearms, ammunition, and firearm parts that could be
787	787	17 assembled to make an operable firearm or Firearm Owner's
788	788	18 Identification Card cannot be returned to the respondent
789	789	19 because the respondent cannot be located, fails to respond to
790	790	20 requests to retrieve the firearms, ammunition, and firearm
791	791	21 parts that could be assembled to make an operable firearm, or
792	792	22 is not lawfully eligible to possess a firearm, ammunition, and
793	793	23 firearm parts that could be assembled to make an operable
794	794	24 firearm, upon petition from the local law enforcement agency,
795	795	25 the court may order the local law enforcement agency to
796	796	26 destroy the firearms, ammunition, and firearm parts that could
797	797
798	798
799	799
800	800
801	801
802	802	HB3242 - 21 - LRB104 10409 RLC 20484 b
803	803
804	804
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806	806	HB3242 - 22 - LRB104 10409 RLC 20484 b
807	807	1 be assembled to make an operable firearm, use the firearms,
808	808	2 ammunition, and firearm parts that could be assembled to make
809	809	3 an operable firearm for training purposes, or use the
810	810	4 firearms, ammunition, and firearm parts that could be
811	811	5 assembled to make an operable firearm for any other
812	812	6 application as deemed appropriate by the local law enforcement
813	813	7 agency.
814	814	8 (i-5) A respondent whose Firearm Owner's Identification
815	815	9 Card has been revoked or suspended may petition the court, if
816	816	10 the petitioner is present in court or has notice of the
817	817	11 respondent's petition, to transfer the respondent's firearm,
818	818	12 ammunition, and firearm parts that could be assembled to make
819	819	13 an operable firearm to a person who is lawfully able to possess
820	820	14 the firearm, ammunition, and firearm parts that could be
821	821	15 assembled to make an operable firearm if the person does not
822	822	16 reside at the same address as the respondent. Notice of the
823	823	17 petition shall be served upon the person protected by the
824	824	18 emergency firearms restraining order. While the order is in
825	825	19 effect, the transferee who receives the respondent's firearms,
826	826	20 ammunition, and firearm parts that could be assembled to make
827	827	21 an operable firearm must swear or affirm by affidavit that he
828	828	22 or she shall not transfer the firearm, ammunition, and firearm
829	829	23 parts that could be assembled to make an operable firearm to
830	830	24 the respondent or to anyone residing in the same residence as
831	831	25 the respondent.
832	832	26 (i-6) If a person other than the respondent claims title
833	833
834	834
835	835
836	836
837	837
838	838	HB3242 - 22 - LRB104 10409 RLC 20484 b
839	839
840	840
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842	842	HB3242 - 23 - LRB104 10409 RLC 20484 b
843	843	1 to any firearms, ammunition, and firearm parts that could be
844	844	2 assembled to make an operable firearm surrendered under this
845	845	3 Section, he or she may petition the court, if the petitioner is
846	846	4 present in court or has notice of the petition, to have the
847	847	5 firearm, ammunition, and firearm parts that could be assembled
848	848	6 to make an operable firearm returned to him or her. If the
849	849	7 court determines that person to be the lawful owner of the
850	850	8 firearm, ammunition, and firearm parts that could be assembled
851	851	9 to make an operable firearm, the firearm, ammunition, and
852	852	10 firearm parts that could be assembled to make an operable
853	853	11 firearm shall be returned to him or her, provided that:
854	854	12 (1) the firearm, ammunition, and firearm parts that
855	855	13 could be assembled to make an operable firearm are removed
856	856	14 from the respondent's custody, control, or possession and
857	857	15 the lawful owner agrees to store the firearm, ammunition,
858	858	16 and firearm parts that could be assembled to make an
859	859	17 operable firearm in a manner such that the respondent does
860	860	18 not have access to or control of the firearm, ammunition,
861	861	19 and firearm parts that could be assembled to make an
862	862	20 operable firearm; and
863	863	21 (2) the firearm, ammunition, and firearm parts that
864	864	22 could be assembled to make an operable firearm are not
865	865	23 otherwise unlawfully possessed by the owner.
866	866	24 The person petitioning for the return of his or her
867	867	25 firearm, ammunition, and firearm parts that could be assembled
868	868	26 to make an operable firearm must swear or affirm by affidavit
869	869
870	870
871	871
872	872
873	873
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875	875
876	876
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878	878	HB3242 - 24 - LRB104 10409 RLC 20484 b
879	879	1 that he or she: (i) is the lawful owner of the firearm,
880	880	2 ammunition, and firearm parts that could be assembled to make
881	881	3 an operable firearm; (ii) shall not transfer the firearm,
882	882	4 ammunition, and firearm parts that could be assembled to make
883	883	5 an operable firearm to the respondent; and (iii) will store
884	884	6 the firearm, ammunition, and firearm parts that could be
885	885	7 assembled to make an operable firearm in a manner that the
886	886	8 respondent does not have access to or control of the firearm,
887	887	9 ammunition, and firearm parts that could be assembled to make
888	888	10 an operable firearm.
889	889	11 (j) If the court does not issue a firearms restraining
890	890	12 order at the hearing, the court shall dissolve any emergency
891	891	13 firearms restraining order then in effect.
892	892	14 (k) When the court issues a firearms restraining order
893	893	15 under this Section, the court shall inform the respondent that
894	894	16 he or she is entitled to one hearing during the period of the
895	895	17 order to request a termination of the order, under Section 45
896	896	18 of this Act, and shall provide the respondent with a form to
897	897	19 request a hearing.
898	898	20 (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
899	899	21 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
900	900	22 5-13-22; 102-1116, eff. 1-10-23.)
901	901	23 (430 ILCS 67/45)
902	902	24 Sec. 45. Termination and renewal.
903	903	25 (a) A person subject to a firearms restraining order
904	904
905	905
906	906
907	907
908	908
909	909	HB3242 - 24 - LRB104 10409 RLC 20484 b
910	910
911	911
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913	913	HB3242 - 25 - LRB104 10409 RLC 20484 b
914	914	1 issued under this Act may submit one written request at any
915	915	2 time during the effective period of the order for a hearing to
916	916	3 terminate the order.
917	917	4 (1) The respondent shall have the burden of proving by
918	918	5 a preponderance of the evidence that the respondent does
919	919	6 not pose a danger of causing personal injury to himself,
920	920	7 herself, or another in the near future by having in his or
921	921	8 her custody or control, purchasing, possessing, or
922	922	9 receiving a firearm, ammunition, and firearm parts that
923	923	10 could be assembled to make an operable firearm.
924	924	11 (2) If the court finds after the hearing that the
925	925	12 respondent has met his or her burden, the court shall
926	926	13 terminate the order.
927	927	14 (b) A petitioner may request a renewal of a firearms
928	928	15 restraining order at any time within the 3 months before the
929	929	16 expiration of a firearms restraining order.
930	930	17 (1) A court shall, after notice and a hearing, renew a
931	931	18 firearms restraining order issued under this part if the
932	932	19 petitioner proves, by clear and convincing evidence, that
933	933	20 the respondent continues to pose a danger of causing
934	934	21 personal injury to himself, herself, or another in the
935	935	22 near future by having in his or her custody or control,
936	936	23 purchasing, possessing, or receiving a firearm,
937	937	24 ammunition, and firearm parts that could be assembled to
938	938	25 make an operable firearm.
939	939	26 (2) In determining whether to renew a firearms
940	940
941	941
942	942
943	943
944	944
945	945	HB3242 - 25 - LRB104 10409 RLC 20484 b
946	946
947	947
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949	949	HB3242 - 26 - LRB104 10409 RLC 20484 b
950	950	1 restraining order issued under this Act, the court shall
951	951	2 consider evidence of the facts identified in subsection
952	952	3 (e) of Section 40 of this Act and any other evidence of an
953	953	4 increased risk for violence.
954	954	5 (3) At the hearing, the petitioner shall have the
955	955	6 burden of proving by clear and convincing evidence that
956	956	7 the respondent continues to pose a danger of causing
957	957	8 personal injury to himself, herself, or another in the
958	958	9 near future by having in his or her custody or control,
959	959	10 purchasing, possessing, or receiving a firearm,
960	960	11 ammunition, and firearm parts that could be assembled to
961	961	12 make an operable firearm.
962	962	13 (4) The renewal of a firearms restraining order issued
963	963	14 under this Section shall be in effect for 6 months up to
964	964	15 one year and may be renewed for an additional period of up
965	965	16 to one year, subject to termination by further order of
966	966	17 the court at a hearing held under this Section and further
967	967	18 renewal by further order of the court under this Section.
968	968	19 (Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22;
969	969	20 102-1116, eff. 1-10-23.)
970	970	21 (430 ILCS 67/55)
971	971	22 Sec. 55. Data maintenance by law enforcement agencies.
972	972	23 (a) All sheriffs shall furnish to the Illinois State
973	973	24 Police, daily, in the form and detail the Illinois State
974	974	25 Police requires, copies of any recorded firearms restraining
975	975
976	976
977	977
978	978
979	979
980	980	HB3242 - 26 - LRB104 10409 RLC 20484 b
981	981
982	982
983	983	HB3242- 27 -LRB104 10409 RLC 20484 b HB3242 - 27 - LRB104 10409 RLC 20484 b
984	984	HB3242 - 27 - LRB104 10409 RLC 20484 b
985	985	1 orders issued by the court, and any foreign orders of
986	986	2 protection filed by the clerk of the court, and transmitted to
987	987	3 the sheriff by the clerk of the court under Section 50. Each
988	988	4 firearms restraining order shall be entered in the Law
989	989	5 Enforcement Agencies Data System (LEADS) on the same day it is
990	990	6 issued by the court. If an emergency firearms restraining
991	991	7 order was issued in accordance with Section 35 of this Act, the
992	992	8 order shall be entered in the Law Enforcement Agencies Data
993	993	9 System (LEADS) as soon as possible after receipt from the
994	994	10 clerk.
995	995	11 (b) The Illinois State Police shall maintain a complete
996	996	12 and systematic record and index of all valid and recorded
997	997	13 firearms restraining orders issued or filed under this Act.
998	998	14 The data shall be used to inform all dispatchers and law
999	999	15 enforcement officers at the scene of a violation of a firearms
1000	1000	16 restraining order of the effective dates and terms of any
1001	1001	17 recorded order of protection.
1002	1002	18 (c) The data, records, and transmittals required under
1003	1003	19 this Section shall pertain to any valid emergency or plenary
1004	1004	20 6-month firearms restraining order, whether issued in a civil
1005	1005	21 or criminal proceeding or authorized under the laws of another
1006	1006	22 state, tribe, or United States territory.
1007	1007	23 (Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21;
1008	1008	24 102-1116, eff. 1-10-23.)
1009	1009	25 Section 25. The Criminal Code of 2012 is amended by
1010	1010
1011	1011
1012	1012
1013	1013
1014	1014
1015	1015	HB3242 - 27 - LRB104 10409 RLC 20484 b
1016	1016
1017	1017
1018	1018	HB3242- 28 -LRB104 10409 RLC 20484 b HB3242 - 28 - LRB104 10409 RLC 20484 b
1019	1019	HB3242 - 28 - LRB104 10409 RLC 20484 b
1020	1020	1 changing Section 24-1 as follows:
1021	1021	2 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
1022	1022	3 Sec. 24-1. Unlawful possession of weapons.
1023	1023	4 (a) A person commits the offense of unlawful possession of
1024	1024	5 weapons when he knowingly:
1025	1025	6 (1) Sells, manufactures, purchases, possesses or
1026	1026	7 carries any bludgeon, black-jack, slung-shot, sand-club,
1027	1027	8 sand-bag, metal knuckles or other knuckle weapon
1028	1028	9 regardless of its composition, throwing star, or any
1029	1029	10 knife, commonly referred to as a switchblade knife, which
1030	1030	11 has a blade that opens automatically by hand pressure
1031	1031	12 applied to a button, spring or other device in the handle
1032	1032	13 of the knife, or a ballistic knife, which is a device that
1033	1033	14 propels a knifelike blade as a projectile by means of a
1034	1034	15 coil spring, elastic material or compressed gas; or
1035	1035	16 (2) Carries or possesses with intent to use the same
1036	1036	17 unlawfully against another, a dagger, dirk, billy,
1037	1037	18 dangerous knife, razor, stiletto, broken bottle or other
1038	1038	19 piece of glass, stun gun or taser or any other dangerous or
1039	1039	20 deadly weapon or instrument of like character; or
1040	1040	21 (2.5) Carries or possesses with intent to use the same
1041	1041	22 unlawfully against another, any firearm in a church,
1042	1042	23 synagogue, mosque, or other building, structure, or place
1043	1043	24 used for religious worship; or
1044	1044	25 (3) Carries on or about his person or in any vehicle, a
1045	1045
1046	1046
1047	1047
1048	1048
1049	1049
1050	1050	HB3242 - 28 - LRB104 10409 RLC 20484 b
1051	1051
1052	1052
1053	1053	HB3242- 29 -LRB104 10409 RLC 20484 b HB3242 - 29 - LRB104 10409 RLC 20484 b
1054	1054	HB3242 - 29 - LRB104 10409 RLC 20484 b
1055	1055	1 tear gas gun projector or bomb or any object containing
1056	1056	2 noxious liquid gas or substance, other than an object
1057	1057	3 containing a non-lethal noxious liquid gas or substance
1058	1058	4 designed solely for personal defense carried by a person
1059	1059	5 18 years of age or older; or
1060	1060	6 (4) Carries or possesses in any vehicle or concealed
1061	1061	7 on or about his person except when on his land or in his
1062	1062	8 own abode, legal dwelling, or fixed place of business, or
1063	1063	9 on the land or in the legal dwelling of another person as
1064	1064	10 an invitee with that person's permission, any pistol,
1065	1065	11 revolver, stun gun or taser or other firearm, except that
1066	1066	12 this subsection (a)(4) does not apply to or affect
1067	1067	13 transportation of weapons that meet one of the following
1068	1068	14 conditions:
1069	1069	15 (i) are broken down in a non-functioning state; or
1070	1070	16 (ii) are not immediately accessible; or
1071	1071	17 (iii) are unloaded and enclosed in a case, firearm
1072	1072	18 carrying box, shipping box, or other container by a
1073	1073	19 person who has been issued a currently valid Firearm
1074	1074	20 Owner's Identification Card; or
1075	1075	21 (iv) are carried or possessed in accordance with
1076	1076	22 the Firearm Concealed Carry Act by a person who has
1077	1077	23 been issued a currently valid license under the
1078	1078	24 Firearm Concealed Carry Act; or
1079	1079	25 (5) Sets a spring gun; or
1080	1080	26 (6) Possesses any device or attachment of any kind
1081	1081
1082	1082
1083	1083
1084	1084
1085	1085
1086	1086	HB3242 - 29 - LRB104 10409 RLC 20484 b
1087	1087
1088	1088
1089	1089	HB3242- 30 -LRB104 10409 RLC 20484 b HB3242 - 30 - LRB104 10409 RLC 20484 b
1090	1090	HB3242 - 30 - LRB104 10409 RLC 20484 b
1091	1091	1 designed, used or intended for use in silencing the report
1092	1092	2 of any firearm; or
1093	1093	3 (7) Sells, manufactures, purchases, possesses or
1094	1094	4 carries:
1095	1095	5 (i) a machine gun, which shall be defined for the
1096	1096	6 purposes of this subsection as any weapon, which
1097	1097	7 shoots, is designed to shoot, or can be readily
1098	1098	8 restored to shoot, automatically more than one shot
1099	1099	9 without manually reloading by a single function of the
1100	1100	10 trigger, including the frame or receiver of any such
1101	1101	11 weapon, or sells, manufactures, purchases, possesses,
1102	1102	12 or carries any combination of parts designed or
1103	1103	13 intended for use in converting any weapon into a
1104	1104	14 machine gun, or any combination or parts from which a
1105	1105	15 machine gun can be assembled if such parts are in the
1106	1106	16 possession or under the control of a person;
1107	1107	17 (ii) any rifle having one or more barrels less
1108	1108	18 than 16 inches in length or a shotgun having one or
1109	1109	19 more barrels less than 18 inches in length or any
1110	1110	20 weapon made from a rifle or shotgun, whether by
1111	1111	21 alteration, modification, or otherwise, if such a
1112	1112	22 weapon as modified has an overall length of less than
1113	1113	23 26 inches; or
1114	1114	24 (iii) any bomb, bomb-shell, grenade, bottle or
1115	1115	25 other container containing an explosive substance of
1116	1116	26 over one-quarter ounce for like purposes, such as, but
1117	1117
1118	1118
1119	1119
1120	1120
1121	1121
1122	1122	HB3242 - 30 - LRB104 10409 RLC 20484 b
1123	1123
1124	1124
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1126	1126	HB3242 - 31 - LRB104 10409 RLC 20484 b
1127	1127	1 not limited to, black powder bombs and Molotov
1128	1128	2 cocktails or artillery projectiles; or
1129	1129	3 (8) Carries or possesses any firearm, stun gun or
1130	1130	4 taser or other deadly weapon in any place which is
1131	1131	5 licensed to sell intoxicating beverages, or at any public
1132	1132	6 gathering held pursuant to a license issued by any
1133	1133	7 governmental body or any public gathering at which an
1134	1134	8 admission is charged, excluding a place where a showing,
1135	1135	9 demonstration or lecture involving the exhibition of
1136	1136	10 unloaded firearms is conducted.
1137	1137	11 This subsection (a)(8) does not apply to any auction
1138	1138	12 or raffle of a firearm held pursuant to a license or permit
1139	1139	13 issued by a governmental body, nor does it apply to
1140	1140	14 persons engaged in firearm safety training courses; or
1141	1141	15 (9) Carries or possesses in a vehicle or on or about
1142	1142	16 his or her person any pistol, revolver, stun gun or taser
1143	1143	17 or firearm or ballistic knife, when he or she is hooded,
1144	1144	18 robed or masked in such manner as to conceal his or her
1145	1145	19 identity; or
1146	1146	20 (10) Carries or possesses on or about his or her
1147	1147	21 person, upon any public street, alley, or other public
1148	1148	22 lands within the corporate limits of a city, village, or
1149	1149	23 incorporated town, except when an invitee thereon or
1150	1150	24 therein, for the purpose of the display of such weapon or
1151	1151	25 the lawful commerce in weapons, or except when on his land
1152	1152	26 or in his or her own abode, legal dwelling, or fixed place
1153	1153
1154	1154
1155	1155
1156	1156
1157	1157
1158	1158	HB3242 - 31 - LRB104 10409 RLC 20484 b
1159	1159
1160	1160
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1162	1162	HB3242 - 32 - LRB104 10409 RLC 20484 b
1163	1163	1 of business, or on the land or in the legal dwelling of
1164	1164	2 another person as an invitee with that person's
1165	1165	3 permission, any pistol, revolver, stun gun, or taser or
1166	1166	4 other firearm, except that this subsection (a)(10) does
1167	1167	5 not apply to or affect transportation of weapons that meet
1168	1168	6 one of the following conditions:
1169	1169	7 (i) are broken down in a non-functioning state; or
1170	1170	8 (ii) are not immediately accessible; or
1171	1171	9 (iii) are unloaded and enclosed in a case, firearm
1172	1172	10 carrying box, shipping box, or other container by a
1173	1173	11 person who has been issued a currently valid Firearm
1174	1174	12 Owner's Identification Card; or
1175	1175	13 (iv) are carried or possessed in accordance with
1176	1176	14 the Firearm Concealed Carry Act by a person who has
1177	1177	15 been issued a currently valid license under the
1178	1178	16 Firearm Concealed Carry Act.
1179	1179	17 A "stun gun or taser", as used in this paragraph (a)
1180	1180	18 means (i) any device which is powered by electrical
1181	1181	19 charging units, such as, batteries, and which fires one or
1182	1182	20 several barbs attached to a length of wire and which, upon
1183	1183	21 hitting a human, can send out a current capable of
1184	1184	22 disrupting the person's nervous system in such a manner as
1185	1185	23 to render him incapable of normal functioning or (ii) any
1186	1186	24 device which is powered by electrical charging units, such
1187	1187	25 as batteries, and which, upon contact with a human or
1188	1188	26 clothing worn by a human, can send out current capable of
1189	1189
1190	1190
1191	1191
1192	1192
1193	1193
1194	1194	HB3242 - 32 - LRB104 10409 RLC 20484 b
1195	1195
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1198	1198	HB3242 - 33 - LRB104 10409 RLC 20484 b
1199	1199	1 disrupting the person's nervous system in such a manner as
1200	1200	2 to render him incapable of normal functioning; or
1201	1201	3 (11) Sells, manufactures, delivers, imports,
1202	1202	4 possesses, or purchases any assault weapon attachment or
1203	1203	5 .50 caliber cartridge in violation of Section 24-1.9 or
1204	1204	6 any explosive bullet. For purposes of this paragraph (a)
1205	1205	7 "explosive bullet" means the projectile portion of an
1206	1206	8 ammunition cartridge which contains or carries an
1207	1207	9 explosive charge which will explode upon contact with the
1208	1208	10 flesh of a human or an animal. "Cartridge" means a tubular
1209	1209	11 metal case having a projectile affixed at the front
1210	1210	12 thereof and a cap or primer at the rear end thereof, with
1211	1211	13 the propellant contained in such tube between the
1212	1212	14 projectile and the cap; or
1213	1213	15 (12) (Blank); or
1214	1214	16 (13) Carries or possesses on or about his or her
1215	1215	17 person while in a building occupied by a unit of
1216	1216	18 government, a billy club, other weapon of like character,
1217	1217	19 or other instrument of like character intended for use as
1218	1218	20 a weapon. For the purposes of this Section, "billy club"
1219	1219	21 means a short stick or club commonly carried by police
1220	1220	22 officers which is either telescopic or constructed of a
1221	1221	23 solid piece of wood or other man-made material. ; or
1222	1222	24 (14) Manufactures, possesses, sells, or offers to
1223	1223	25 sell, purchase, manufacture, import, transfer, or use any
1224	1224	26 device, part, kit, tool, accessory, or combination of
1225	1225
1226	1226
1227	1227
1228	1228
1229	1229
1230	1230	HB3242 - 33 - LRB104 10409 RLC 20484 b
1231	1231
1232	1232
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1235	1235	1 parts that is designed to and functions to increase the
1236	1236	2 rate of fire of a semiautomatic firearm above the standard
1237	1237	3 rate of fire for semiautomatic firearms that is not
1238	1238	4 equipped with that device, part, or combination of parts;
1239	1239	5 or
1240	1240	6 (15) Carries or possesses any assault weapon or .50
1241	1241	7 caliber rifle in violation of Section 24-1.9; or
1242	1242	8 (16) Manufactures, sells, delivers, imports, or
1243	1243	9 purchases any assault weapon or .50 caliber rifle in
1244	1244	10 violation of Section 24-1.9.
1245	1245	11 (b) Sentence. A person convicted of a violation of
1246	1246	12 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
1247	1247	13 subsection 24-1(a)(11), or subsection 24-1(a)(13), or
1248	1248	14 24-1(a)(15) commits a Class A misdemeanor. A person convicted
1249	1249	15 of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits
1250	1250	16 a Class 4 felony; a person convicted of a violation of
1251	1251	17 subsection 24-1(a)(6), 24-1(a)(7)(ii), or 24-1(a)(7)(iii), or
1252	1252	18 24-1(a)(16) commits a Class 3 felony. A person convicted of a
1253	1253	19 violation of subsection 24-1(a)(7)(i) commits a Class 2 felony
1254	1254	20 and shall be sentenced to a term of imprisonment of not less
1255	1255	21 than 3 years and not more than 7 years, unless the weapon is
1256	1256	22 possessed in the passenger compartment of a motor vehicle as
1257	1257	23 defined in Section 1-146 of the Illinois Vehicle Code, or on
1258	1258	24 the person, while the weapon is loaded, in which case it shall
1259	1259	25 be a Class X felony. A person convicted of a second or
1260	1260	26 subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
1261	1261
1262	1262
1263	1263
1264	1264
1265	1265
1266	1266	HB3242 - 34 - LRB104 10409 RLC 20484 b
1267	1267
1268	1268
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1271	1271	1 24-1(a)(9) or , 24-1(a)(10), or 24-1(a)(15) commits a Class 3
1272	1272	2 felony. A person convicted of a violation of subsection
1273	1273	3 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The
1274	1274	4 possession of each weapon or device in violation of this
1275	1275	5 Section constitutes a single and separate violation.
1276	1276	6 (c) Violations in specific places.
1277	1277	7 (1) A person who violates subsection 24-1(a)(6) or
1278	1278	8 24-1(a)(7) in any school, regardless of the time of day or
1279	1279	9 the time of year, in residential property owned, operated
1280	1280	10 or managed by a public housing agency or leased by a public
1281	1281	11 housing agency as part of a scattered site or mixed-income
1282	1282	12 development, in a public park, in a courthouse, on the
1283	1283	13 real property comprising any school, regardless of the
1284	1284	14 time of day or the time of year, on residential property
1285	1285	15 owned, operated or managed by a public housing agency or
1286	1286	16 leased by a public housing agency as part of a scattered
1287	1287	17 site or mixed-income development, on the real property
1288	1288	18 comprising any public park, on the real property
1289	1289	19 comprising any courthouse, in any conveyance owned, leased
1290	1290	20 or contracted by a school to transport students to or from
1291	1291	21 school or a school related activity, in any conveyance
1292	1292	22 owned, leased, or contracted by a public transportation
1293	1293	23 agency, or on any public way within 1,000 feet of the real
1294	1294	24 property comprising any school, public park, courthouse,
1295	1295	25 public transportation facility, or residential property
1296	1296	26 owned, operated, or managed by a public housing agency or
1297	1297
1298	1298
1299	1299
1300	1300
1301	1301
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1303	1303
1304	1304
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1306	1306	HB3242 - 36 - LRB104 10409 RLC 20484 b
1307	1307	1 leased by a public housing agency as part of a scattered
1308	1308	2 site or mixed-income development commits a Class 2 felony
1309	1309	3 and shall be sentenced to a term of imprisonment of not
1310	1310	4 less than 3 years and not more than 7 years.
1311	1311	5 (1.5) A person who violates subsection 24-1(a)(4),
1312	1312	6 24-1(a)(9), or 24-1(a)(10) in any school, regardless of
1313	1313	7 the time of day or the time of year, in residential
1314	1314	8 property owned, operated, or managed by a public housing
1315	1315	9 agency or leased by a public housing agency as part of a
1316	1316	10 scattered site or mixed-income development, in a public
1317	1317	11 park, in a courthouse, on the real property comprising any
1318	1318	12 school, regardless of the time of day or the time of year,
1319	1319	13 on residential property owned, operated, or managed by a
1320	1320	14 public housing agency or leased by a public housing agency
1321	1321	15 as part of a scattered site or mixed-income development,
1322	1322	16 on the real property comprising any public park, on the
1323	1323	17 real property comprising any courthouse, in any conveyance
1324	1324	18 owned, leased, or contracted by a school to transport
1325	1325	19 students to or from school or a school related activity,
1326	1326	20 in any conveyance owned, leased, or contracted by a public
1327	1327	21 transportation agency, or on any public way within 1,000
1328	1328	22 feet of the real property comprising any school, public
1329	1329	23 park, courthouse, public transportation facility, or
1330	1330	24 residential property owned, operated, or managed by a
1331	1331	25 public housing agency or leased by a public housing agency
1332	1332	26 as part of a scattered site or mixed-income development
1333	1333
1334	1334
1335	1335
1336	1336
1337	1337
1338	1338	HB3242 - 36 - LRB104 10409 RLC 20484 b
1339	1339
1340	1340
1341	1341	HB3242- 37 -LRB104 10409 RLC 20484 b HB3242 - 37 - LRB104 10409 RLC 20484 b
1342	1342	HB3242 - 37 - LRB104 10409 RLC 20484 b
1343	1343	1 commits a Class 3 felony.
1344	1344	2 (2) A person who violates subsection 24-1(a)(1),
1345	1345	3 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
1346	1346	4 time of day or the time of year, in residential property
1347	1347	5 owned, operated or managed by a public housing agency or
1348	1348	6 leased by a public housing agency as part of a scattered
1349	1349	7 site or mixed-income development, in a public park, in a
1350	1350	8 courthouse, on the real property comprising any school,
1351	1351	9 regardless of the time of day or the time of year, on
1352	1352	10 residential property owned, operated or managed by a
1353	1353	11 public housing agency or leased by a public housing agency
1354	1354	12 as part of a scattered site or mixed-income development,
1355	1355	13 on the real property comprising any public park, on the
1356	1356	14 real property comprising any courthouse, in any conveyance
1357	1357	15 owned, leased or contracted by a school to transport
1358	1358	16 students to or from school or a school related activity,
1359	1359	17 in any conveyance owned, leased, or contracted by a public
1360	1360	18 transportation agency, or on any public way within 1,000
1361	1361	19 feet of the real property comprising any school, public
1362	1362	20 park, courthouse, public transportation facility, or
1363	1363	21 residential property owned, operated, or managed by a
1364	1364	22 public housing agency or leased by a public housing agency
1365	1365	23 as part of a scattered site or mixed-income development
1366	1366	24 commits a Class 4 felony. "Courthouse" means any building
1367	1367	25 that is used by the Circuit, Appellate, or Supreme Court
1368	1368	26 of this State for the conduct of official business.
1369	1369
1370	1370
1371	1371
1372	1372
1373	1373
1374	1374	HB3242 - 37 - LRB104 10409 RLC 20484 b
1375	1375
1376	1376
1377	1377	HB3242- 38 -LRB104 10409 RLC 20484 b HB3242 - 38 - LRB104 10409 RLC 20484 b
1378	1378	HB3242 - 38 - LRB104 10409 RLC 20484 b
1379	1379	1 (3) Paragraphs (1), (1.5), and (2) of this subsection
1380	1380	2 (c) shall not apply to law enforcement officers or
1381	1381	3 security officers of such school, college, or university
1382	1382	4 or to students carrying or possessing firearms for use in
1383	1383	5 training courses, parades, hunting, target shooting on
1384	1384	6 school ranges, or otherwise with the consent of school
1385	1385	7 authorities and which firearms are transported unloaded
1386	1386	8 enclosed in a suitable case, box, or transportation
1387	1387	9 package.
1388	1388	10 (4) For the purposes of this subsection (c), "school"
1389	1389	11 means any public or private elementary or secondary
1390	1390	12 school, community college, college, or university.
1391	1391	13 (5) For the purposes of this subsection (c), "public
1392	1392	14 transportation agency" means a public or private agency
1393	1393	15 that provides for the transportation or conveyance of
1394	1394	16 persons by means available to the general public, except
1395	1395	17 for transportation by automobiles not used for conveyance
1396	1396	18 of the general public as passengers; and "public
1397	1397	19 transportation facility" means a terminal or other place
1398	1398	20 where one may obtain public transportation.
1399	1399	21 (d) The presence in an automobile other than a public
1400	1400	22 omnibus of any weapon, instrument or substance referred to in
1401	1401	23 subsection (a)(7) is prima facie evidence that it is in the
1402	1402	24 possession of, and is being carried by, all persons occupying
1403	1403	25 such automobile at the time such weapon, instrument or
1404	1404	26 substance is found, except under the following circumstances:
1405	1405
1406	1406
1407	1407
1408	1408
1409	1409
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1411	1411
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1414	1414	HB3242 - 39 - LRB104 10409 RLC 20484 b
1415	1415	1 (i) if such weapon, instrument or instrumentality is found
1416	1416	2 upon the person of one of the occupants therein; or (ii) if
1417	1417	3 such weapon, instrument or substance is found in an automobile
1418	1418	4 operated for hire by a duly licensed driver in the due, lawful
1419	1419	5 and proper pursuit of his or her trade, then such presumption
1420	1420	6 shall not apply to the driver.
1421	1421	7 (e) Exemptions.
1422	1422	8 (1) Crossbows, Common or Compound bows and Underwater
1423	1423	9 Spearguns are exempted from the definition of ballistic
1424	1424	10 knife as defined in paragraph (1) of subsection (a) of
1425	1425	11 this Section.
1426	1426	12 (2) The provision of paragraph (1) of subsection (a)
1427	1427	13 of this Section prohibiting the sale, manufacture,
1428	1428	14 purchase, possession, or carrying of any knife, commonly
1429	1429	15 referred to as a switchblade knife, which has a blade that
1430	1430	16 opens automatically by hand pressure applied to a button,
1431	1431	17 spring or other device in the handle of the knife, does not
1432	1432	18 apply to a person who possesses a currently valid Firearm
1433	1433	19 Owner's Identification Card previously issued in his or
1434	1434	20 her name by the Illinois State Police or to a person or an
1435	1435	21 entity engaged in the business of selling or manufacturing
1436	1436	22 switchblade knives.
1437	1437	23 (Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23;
1438	1438	24 103-822, eff. 1-1-25.)
1439	1439	25 (720 ILCS 5/24-1.9 rep.)
1440	1440
1441	1441
1442	1442
1443	1443
1444	1444
1445	1445	HB3242 - 39 - LRB104 10409 RLC 20484 b
1446	1446
1447	1447
1448	1448	HB3242- 40 -LRB104 10409 RLC 20484 b HB3242 - 40 - LRB104 10409 RLC 20484 b
1449	1449	HB3242 - 40 - LRB104 10409 RLC 20484 b
1450	1450	1 (720 ILCS 5/24-1.10 rep.)
1451	1451	2 Section 30. The Criminal Code of 2012 is amended by
1452	1452	3 repealing Sections 24-1.9 and 24-1.10.
1453	1453
1454	1454
1455	1455
1456	1456
1457	1457
1458	1458	HB3242 - 40 - LRB104 10409 RLC 20484 b