IL
Illinois Senate Bill SB2138

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2138 Compare Versions

Only one version of the bill is available at this time.
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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2138 Introduced 2/7/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: 720 ILCS 5/24-2730 ILCS 125/26.1 Amends the Criminal Code of 2012. Provides that court security officers are exempt from provisions barring the carrying and possession of weapons in a vehicle, concealed upon one's person, or upon public streets, alleys, or other public lands within the corporate limits of a municipality. Amends the County Jail Act. Provides that court security officers shall be deemed to be qualified law enforcement officers or, if retired, shall be deemed qualified retired or separated law enforcement officers in Illinois for purposes of coverage under the federal Law Enforcement Officers Safety Act of 2004 and shall have all rights and privileges granted by that Act if the court security officer or retired court security officer is otherwise compliant with the applicable laws of this State governing the implementation and administration of the federal Law Enforcement Officers Safety Act of 2004 in the State of Illinois. LRB104 03907 RLC 13931 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2138 Introduced 2/7/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED: 720 ILCS 5/24-2730 ILCS 125/26.1 720 ILCS 5/24-2 730 ILCS 125/26.1 Amends the Criminal Code of 2012. Provides that court security officers are exempt from provisions barring the carrying and possession of weapons in a vehicle, concealed upon one's person, or upon public streets, alleys, or other public lands within the corporate limits of a municipality. Amends the County Jail Act. Provides that court security officers shall be deemed to be qualified law enforcement officers or, if retired, shall be deemed qualified retired or separated law enforcement officers in Illinois for purposes of coverage under the federal Law Enforcement Officers Safety Act of 2004 and shall have all rights and privileges granted by that Act if the court security officer or retired court security officer is otherwise compliant with the applicable laws of this State governing the implementation and administration of the federal Law Enforcement Officers Safety Act of 2004 in the State of Illinois. LRB104 03907 RLC 13931 b LRB104 03907 RLC 13931 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2138 Introduced 2/7/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
33 720 ILCS 5/24-2730 ILCS 125/26.1 720 ILCS 5/24-2 730 ILCS 125/26.1
44 720 ILCS 5/24-2
55 730 ILCS 125/26.1
66 Amends the Criminal Code of 2012. Provides that court security officers are exempt from provisions barring the carrying and possession of weapons in a vehicle, concealed upon one's person, or upon public streets, alleys, or other public lands within the corporate limits of a municipality. Amends the County Jail Act. Provides that court security officers shall be deemed to be qualified law enforcement officers or, if retired, shall be deemed qualified retired or separated law enforcement officers in Illinois for purposes of coverage under the federal Law Enforcement Officers Safety Act of 2004 and shall have all rights and privileges granted by that Act if the court security officer or retired court security officer is otherwise compliant with the applicable laws of this State governing the implementation and administration of the federal Law Enforcement Officers Safety Act of 2004 in the State of Illinois.
77 LRB104 03907 RLC 13931 b LRB104 03907 RLC 13931 b
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1212 1 AN ACT concerning criminal law.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Criminal Code of 2012 is amended by
1616 5 changing Section 24-2 as follows:
1717 6 (720 ILCS 5/24-2)
1818 7 Sec. 24-2. Exemptions.
1919 8 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
2020 9 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of
2121 10 the following:
2222 11 (1) Peace officers, and any person summoned by a peace
2323 12 officer to assist in making arrests or preserving the
2424 13 peace, while actually engaged in assisting such officer.
2525 14 (2) Wardens, superintendents, and keepers of prisons,
2626 15 penitentiaries, jails, and other institutions for the
2727 16 detention of persons accused or convicted of an offense,
2828 17 while in the performance of their official duty, or while
2929 18 commuting between their homes and places of employment.
3030 19 (3) Members of the Armed Services or Reserve Forces of
3131 20 the United States or the Illinois National Guard or the
3232 21 Reserve Officers Training Corps, while in the performance
3333 22 of their official duty.
3434 23 (4) Special agents employed by a railroad or a public
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3838 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2138 Introduced 2/7/2025, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
3939 720 ILCS 5/24-2730 ILCS 125/26.1 720 ILCS 5/24-2 730 ILCS 125/26.1
4040 720 ILCS 5/24-2
4141 730 ILCS 125/26.1
4242 Amends the Criminal Code of 2012. Provides that court security officers are exempt from provisions barring the carrying and possession of weapons in a vehicle, concealed upon one's person, or upon public streets, alleys, or other public lands within the corporate limits of a municipality. Amends the County Jail Act. Provides that court security officers shall be deemed to be qualified law enforcement officers or, if retired, shall be deemed qualified retired or separated law enforcement officers in Illinois for purposes of coverage under the federal Law Enforcement Officers Safety Act of 2004 and shall have all rights and privileges granted by that Act if the court security officer or retired court security officer is otherwise compliant with the applicable laws of this State governing the implementation and administration of the federal Law Enforcement Officers Safety Act of 2004 in the State of Illinois.
4343 LRB104 03907 RLC 13931 b LRB104 03907 RLC 13931 b
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7171 1 utility to perform police functions, and guards of armored
7272 2 car companies, while actually engaged in the performance
7373 3 of the duties of their employment or commuting between
7474 4 their homes and places of employment; and watchmen while
7575 5 actually engaged in the performance of the duties of their
7676 6 employment.
7777 7 (5) Persons licensed as private security contractors,
7878 8 private detectives, or private alarm contractors, or
7979 9 employed by a private security contractor, private
8080 10 detective, or private alarm contractor agency licensed by
8181 11 the Department of Financial and Professional Regulation,
8282 12 if their duties include the carrying of a weapon under the
8383 13 provisions of the Private Detective, Private Alarm,
8484 14 Private Security, Fingerprint Vendor, and Locksmith Act of
8585 15 2004, while actually engaged in the performance of the
8686 16 duties of their employment or commuting between their
8787 17 homes and places of employment. A person shall be
8888 18 considered eligible for this exemption if he or she has
8989 19 completed the required 20 hours of training for a private
9090 20 security contractor, private detective, or private alarm
9191 21 contractor, or employee of a licensed private security
9292 22 contractor, private detective, or private alarm contractor
9393 23 agency and 28 hours of required firearm training, and has
9494 24 been issued a firearm control card by the Department of
9595 25 Financial and Professional Regulation. Conditions for the
9696 26 renewal of firearm control cards issued under the
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107107 1 provisions of this Section shall be the same as for those
108108 2 cards issued under the provisions of the Private
109109 3 Detective, Private Alarm, Private Security, Fingerprint
110110 4 Vendor, and Locksmith Act of 2004. The firearm control
111111 5 card shall be carried by the private security contractor,
112112 6 private detective, or private alarm contractor, or
113113 7 employee of the licensed private security contractor,
114114 8 private detective, or private alarm contractor agency at
115115 9 all times when he or she is in possession of a concealable
116116 10 weapon permitted by his or her firearm control card.
117117 11 (6) Any person regularly employed in a commercial or
118118 12 industrial operation as a security guard for the
119119 13 protection of persons employed and private property
120120 14 related to such commercial or industrial operation, while
121121 15 actually engaged in the performance of his or her duty or
122122 16 traveling between sites or properties belonging to the
123123 17 employer, and who, as a security guard, is a member of a
124124 18 security force registered with the Department of Financial
125125 19 and Professional Regulation; provided that such security
126126 20 guard has successfully completed a course of study,
127127 21 approved by and supervised by the Department of Financial
128128 22 and Professional Regulation, consisting of not less than
129129 23 48 hours of training that includes the theory of law
130130 24 enforcement, liability for acts, and the handling of
131131 25 weapons. A person shall be considered eligible for this
132132 26 exemption if he or she has completed the required 20 hours
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143143 1 of training for a security officer and 28 hours of
144144 2 required firearm training, and has been issued a firearm
145145 3 control card by the Department of Financial and
146146 4 Professional Regulation. Conditions for the renewal of
147147 5 firearm control cards issued under the provisions of this
148148 6 Section shall be the same as for those cards issued under
149149 7 the provisions of the Private Detective, Private Alarm,
150150 8 Private Security, Fingerprint Vendor, and Locksmith Act of
151151 9 2004. The firearm control card shall be carried by the
152152 10 security guard at all times when he or she is in possession
153153 11 of a concealable weapon permitted by his or her firearm
154154 12 control card.
155155 13 (7) Agents and investigators of the Illinois
156156 14 Legislative Investigating Commission authorized by the
157157 15 Commission to carry the weapons specified in subsections
158158 16 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
159159 17 any investigation for the Commission.
160160 18 (8) Persons employed by a financial institution as a
161161 19 security guard for the protection of other employees and
162162 20 property related to such financial institution, while
163163 21 actually engaged in the performance of their duties,
164164 22 commuting between their homes and places of employment, or
165165 23 traveling between sites or properties owned or operated by
166166 24 such financial institution, and who, as a security guard,
167167 25 is a member of a security force registered with the
168168 26 Department; provided that any person so employed has
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179179 1 successfully completed a course of study, approved by and
180180 2 supervised by the Department of Financial and Professional
181181 3 Regulation, consisting of not less than 48 hours of
182182 4 training which includes theory of law enforcement,
183183 5 liability for acts, and the handling of weapons. A person
184184 6 shall be considered to be eligible for this exemption if
185185 7 he or she has completed the required 20 hours of training
186186 8 for a security officer and 28 hours of required firearm
187187 9 training, and has been issued a firearm control card by
188188 10 the Department of Financial and Professional Regulation.
189189 11 Conditions for renewal of firearm control cards issued
190190 12 under the provisions of this Section shall be the same as
191191 13 for those issued under the provisions of the Private
192192 14 Detective, Private Alarm, Private Security, Fingerprint
193193 15 Vendor, and Locksmith Act of 2004. The firearm control
194194 16 card shall be carried by the security guard at all times
195195 17 when he or she is in possession of a concealable weapon
196196 18 permitted by his or her firearm control card. For purposes
197197 19 of this subsection, "financial institution" means a bank,
198198 20 savings and loan association, credit union, or company
199199 21 providing armored car services.
200200 22 (9) Any person employed by an armored car company to
201201 23 drive an armored car, while actually engaged in the
202202 24 performance of his duties.
203203 25 (10) Persons who have been classified as peace
204204 26 officers pursuant to the Peace Officer Fire Investigation
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215215 1 Act.
216216 2 (11) Investigators of the Office of the State's
217217 3 Attorneys Appellate Prosecutor authorized by the board of
218218 4 governors of the Office of the State's Attorneys Appellate
219219 5 Prosecutor to carry weapons pursuant to Section 7.06 of
220220 6 the State's Attorneys Appellate Prosecutor's Act.
221221 7 (12) Special investigators appointed by a State's
222222 8 Attorney under Section 3-9005 of the Counties Code.
223223 9 (12.5) Probation officers while in the performance of
224224 10 their duties, or while commuting between their homes,
225225 11 places of employment or specific locations that are part
226226 12 of their assigned duties, with the consent of the chief
227227 13 judge of the circuit for which they are employed, if they
228228 14 have received weapons training according to requirements
229229 15 of the Peace Officer and Probation Officer Firearm
230230 16 Training Act.
231231 17 (13) Court security officers Security Officers while
232232 18 in the performance of their official duties, or while
233233 19 commuting between their homes and places of employment,
234234 20 with the consent of the sheriff Sheriff.
235235 21 (13.5) A person employed as an armed security guard at
236236 22 a nuclear energy, storage, weapons, or development site or
237237 23 facility regulated by the Nuclear Regulatory Commission
238238 24 who has completed the background screening and training
239239 25 mandated by the rules and regulations of the Nuclear
240240 26 Regulatory Commission.
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251251 1 (14) Manufacture, transportation, or sale of weapons
252252 2 to persons authorized under subdivisions (1) through
253253 3 (13.5) of this subsection to possess those weapons.
254254 4 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
255255 5 to or affect any person carrying a concealed pistol, revolver,
256256 6 or handgun and the person has been issued a currently valid
257257 7 license under the Firearm Concealed Carry Act at the time of
258258 8 the commission of the offense.
259259 9 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
260260 10 to or affect a qualified current or retired law enforcement
261261 11 officer or a current or retired deputy, county correctional
262262 12 officer, court security officer, or correctional officer of
263263 13 the Department of Corrections qualified under the laws of this
264264 14 State or under the federal Law Enforcement Officers Safety
265265 15 Act.
266266 16 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
267267 17 24-1.6 do not apply to or affect any of the following:
268268 18 (1) Members of any club or organization organized for
269269 19 the purpose of practicing shooting at targets upon
270270 20 established target ranges, whether public or private, and
271271 21 patrons of such ranges, while such members or patrons are
272272 22 using their firearms on those target ranges.
273273 23 (2) Duly authorized military or civil organizations
274274 24 while parading, with the special permission of the
275275 25 Governor.
276276 26 (3) Hunters, trappers, or fishermen while engaged in
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287287 1 lawful hunting, trapping, or fishing under the provisions
288288 2 of the Wildlife Code or the Fish and Aquatic Life Code.
289289 3 (4) Transportation of weapons that are broken down in
290290 4 a non-functioning state or are not immediately accessible.
291291 5 (5) Carrying or possessing any pistol, revolver, stun
292292 6 gun or taser or other firearm on the land or in the legal
293293 7 dwelling of another person as an invitee with that
294294 8 person's permission.
295295 9 (c) Subsection 24-1(a)(7) does not apply to or affect any
296296 10 of the following:
297297 11 (1) Peace officers while in performance of their
298298 12 official duties.
299299 13 (2) Wardens, superintendents, and keepers of prisons,
300300 14 penitentiaries, jails, and other institutions for the
301301 15 detention of persons accused or convicted of an offense.
302302 16 (3) Members of the Armed Services or Reserve Forces of
303303 17 the United States or the Illinois National Guard, while in
304304 18 the performance of their official duty.
305305 19 (4) Manufacture, transportation, or sale of machine
306306 20 guns to persons authorized under subdivisions (1) through
307307 21 (3) of this subsection to possess machine guns, if the
308308 22 machine guns are broken down in a non-functioning state or
309309 23 are not immediately accessible.
310310 24 (5) Persons licensed under federal law to manufacture
311311 25 any weapon from which 8 or more shots or bullets can be
312312 26 discharged by a single function of the firing device, or
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323323 1 ammunition for such weapons, and actually engaged in the
324324 2 business of manufacturing such weapons or ammunition, but
325325 3 only with respect to activities which are within the
326326 4 lawful scope of such business, such as the manufacture,
327327 5 transportation, or testing of such weapons or ammunition.
328328 6 This exemption does not authorize the general private
329329 7 possession of any weapon from which 8 or more shots or
330330 8 bullets can be discharged by a single function of the
331331 9 firing device, but only such possession and activities as
332332 10 are within the lawful scope of a licensed manufacturing
333333 11 business described in this paragraph.
334334 12 During transportation, such weapons shall be broken
335335 13 down in a non-functioning state or not immediately
336336 14 accessible.
337337 15 (6) The manufacture, transport, testing, delivery,
338338 16 transfer, or sale, and all lawful commercial or
339339 17 experimental activities necessary thereto, of rifles,
340340 18 shotguns, and weapons made from rifles or shotguns, or
341341 19 ammunition for such rifles, shotguns, or weapons, where
342342 20 engaged in by a person operating as a contractor or
343343 21 subcontractor pursuant to a contract or subcontract for
344344 22 the development and supply of such rifles, shotguns,
345345 23 weapons, or ammunition to the United States government or
346346 24 any branch of the Armed Forces of the United States, when
347347 25 such activities are necessary and incident to fulfilling
348348 26 the terms of such contract.
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359359 1 The exemption granted under this subdivision (c)(6)
360360 2 shall also apply to any authorized agent of any such
361361 3 contractor or subcontractor who is operating within the
362362 4 scope of his employment, where such activities involving
363363 5 such weapon, weapons, or ammunition are necessary and
364364 6 incident to fulfilling the terms of such contract.
365365 7 (7) A person possessing a rifle with a barrel or
366366 8 barrels less than 16 inches in length if: (A) the person
367367 9 has been issued a Curios and Relics license from the U.S.
368368 10 Bureau of Alcohol, Tobacco, Firearms and Explosives; or
369369 11 (B) the person is an active member of a bona fide,
370370 12 nationally recognized military re-enacting group and the
371371 13 modification is required and necessary to accurately
372372 14 portray the weapon for historical re-enactment purposes;
373373 15 the re-enactor is in possession of a valid and current
374374 16 re-enacting group membership credential; and the overall
375375 17 length of the weapon as modified is not less than 26
376376 18 inches.
377377 19 (d) Subsection 24-1(a)(1) does not apply to the purchase,
378378 20 possession or carrying of a black-jack or slung-shot by a
379379 21 peace officer.
380380 22 (e) Subsection 24-1(a)(8) does not apply to any owner,
381381 23 manager, or authorized employee of any place specified in that
382382 24 subsection nor to any law enforcement officer.
383383 25 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
384384 26 Section 24-1.6 do not apply to members of any club or
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395395 1 organization organized for the purpose of practicing shooting
396396 2 at targets upon established target ranges, whether public or
397397 3 private, while using their firearms on those target ranges.
398398 4 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
399399 5 to:
400400 6 (1) Members of the Armed Services or Reserve Forces of
401401 7 the United States or the Illinois National Guard, while in
402402 8 the performance of their official duty.
403403 9 (2) Bonafide collectors of antique or surplus military
404404 10 ordnance.
405405 11 (3) Laboratories having a department of forensic
406406 12 ballistics, or specializing in the development of
407407 13 ammunition or explosive ordnance.
408408 14 (4) Commerce, preparation, assembly, or possession of
409409 15 explosive bullets by manufacturers of ammunition licensed
410410 16 by the federal government, in connection with the supply
411411 17 of those organizations and persons exempted by subdivision
412412 18 (g)(1) of this Section, or like organizations and persons
413413 19 outside this State, or the transportation of explosive
414414 20 bullets to any organization or person exempted in this
415415 21 Section by a common carrier or by a vehicle owned or leased
416416 22 by an exempted manufacturer.
417417 23 (g-5) Subsection 24-1(a)(6) does not apply to or affect
418418 24 persons licensed under federal law to manufacture any device
419419 25 or attachment of any kind designed, used, or intended for use
420420 26 in silencing the report of any firearm, firearms, or
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431431 1 ammunition for those firearms equipped with those devices, and
432432 2 actually engaged in the business of manufacturing those
433433 3 devices, firearms, or ammunition, but only with respect to
434434 4 activities that are within the lawful scope of that business,
435435 5 such as the manufacture, transportation, or testing of those
436436 6 devices, firearms, or ammunition. This exemption does not
437437 7 authorize the general private possession of any device or
438438 8 attachment of any kind designed, used, or intended for use in
439439 9 silencing the report of any firearm, but only such possession
440440 10 and activities as are within the lawful scope of a licensed
441441 11 manufacturing business described in this subsection (g-5).
442442 12 During transportation, these devices shall be detached from
443443 13 any weapon or not immediately accessible.
444444 14 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
445445 15 24-1.6 do not apply to or affect any parole agent or parole
446446 16 supervisor who meets the qualifications and conditions
447447 17 prescribed in Section 3-14-1.5 of the Unified Code of
448448 18 Corrections.
449449 19 (g-7) Subsection 24-1(a)(6) does not apply to a peace
450450 20 officer while serving as a member of a tactical response team
451451 21 or special operations team. A peace officer may not personally
452452 22 own or apply for ownership of a device or attachment of any
453453 23 kind designed, used, or intended for use in silencing the
454454 24 report of any firearm. These devices shall be owned and
455455 25 maintained by lawfully recognized units of government whose
456456 26 duties include the investigation of criminal acts.
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467467 1 (g-10) (Blank).
468468 2 (h) An information or indictment based upon a violation of
469469 3 any subsection of this Article need not negate negative any
470470 4 exemptions contained in this Article. The defendant shall have
471471 5 the burden of proving such an exemption.
472472 6 (i) Nothing in this Article shall prohibit, apply to, or
473473 7 affect the transportation, carrying, or possession, of any
474474 8 pistol or revolver, stun gun, taser, or other firearm
475475 9 consigned to a common carrier operating under license of the
476476 10 State of Illinois or the federal government, where such
477477 11 transportation, carrying, or possession is incident to the
478478 12 lawful transportation in which such common carrier is engaged;
479479 13 and nothing in this Article shall prohibit, apply to, or
480480 14 affect the transportation, carrying, or possession of any
481481 15 pistol, revolver, stun gun, taser, or other firearm, not the
482482 16 subject of and regulated by subsection 24-1(a)(7) or
483483 17 subsection 24-2(c) of this Article, which is unloaded and
484484 18 enclosed in a case, firearm carrying box, shipping box, or
485485 19 other container, by the possessor of a valid Firearm Owners
486486 20 Identification Card.
487487 21 (Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23;
488488 22 102-837, eff. 5-13-22; 103-154, eff. 6-30-23; revised
489489 23 7-22-24.)
490490 24 Section 10. The County Jail Act is amended by changing
491491 25 Section 26.1 as follows:
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