HB1468AVM001 LRB100 03292 RLC 40115 v
1		MOTION
2		I move to accept the specific recommendations of the
3		Governor as to House Bill 1468 in manner and form as follows:
4		AMENDMENT TO HOUSE BILL 1468
5		IN ACCEPTANCE OF GOVERNOR'S RECOMMENDATIONS
6		Amend House Bill 1468 on page 1, immediately below line 3,
7		by inserting the following:
8		"Article 1. Gun Violence Restraining Order Act.
9		Section 1-1. Short title. This Article may be cited as the
10		Gun Violence Restraining Order Act, and references in this
11		Article to "this Act" mean this Article.
12		Section 1-5. Legislative findings. The General Assembly
13		finds as a matter of legislative determination that to protect
14		the safety and welfare of the public it is necessary to provide
15		a system of identifying and disarming persons who pose a danger
16		of imminent personal injury to themselves or others.
17		Section 1-10. Definitions. In this Act:
18		"Danger" means reasonably likely to cause death or serious
19		bodily injury.
20		"Firearm" has the same meaning ascribed to the term in
21		Section 1.1 of the Firearm Owners Identification Card Act.

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1		"Firearm ammunition" has the same meaning ascribed to the
2		term in Section 1.1 of the Firearm Owners Identification Card
3		Act.
4		"Immediate family member" means a spouse, child, sibling,
5		parent, grandparent, or grandchild, and includes a
6		step-parent, step-child, step-sibling, or adoptive or foster
7		relationship, or any other person who regularly resides in the
8		same household.
9		Section 1-15. Emergency gun violence restraining order.
10		(a) Upon written complaint for an emergency gun violence
11		restraining order filed by a State's Attorney, assistant
12		State's Attorney, law enforcement officer, or immediate family
13		member supported by evidence submitted under oath or
14		affirmation, subject to the penalties for perjury, and stating
15		facts sufficient to show probable cause to believe that:
16		(1) the identified person poses an imminent danger of
17		causing death or serious bodily injury to himself, herself,
18		or any other person;
19		(2) the person possesses or has ready access to one or
20		more firearms; and
21		(3) less restrictive alternatives either have been
22		tried and found to be ineffective or would be inadequate or
23		inappropriate under the circumstances,
24		any judge in the jurisdiction in which the person who is the
25		subject of the complaint resides or is currently located may

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1		issue an emergency gun violence restraining order prohibiting
2		the subject of the complaint from possessing, controlling,
3		purchasing, receiving, or attempting to possess, control,
4		purchase, or receive a firearm or firearm ammunition.
5		(a-5) Upon a finding by the court supported by a
6		preponderance of the evidence that a complaint for an emergency
7		gun violence restraining order is frivolous and filed for a
8		vexatious reason, the court shall order the complaining party
9		to pay any attorney's fees and court costs incurred by the
10		person who is the subject of the complaint and to pay a civil
11		penalty of at least $500 and up to $1000, to be paid in that
12		order of priority.
13		(b) In all cases in which a complaint seeking an emergency
14		gun violence restraining order pursuant to subsection (a) of
15		this Section is filed by a person other than a State's Attorney
16		or assistant State's Attorney, the judge receiving the
17		complaint shall promptly notify the appropriate State's
18		Attorney's office of the filing of the complaint and provide
19		the State's Attorney or his or her representative an
20		opportunity to be heard on the matter before issuing the
21		requested order, provided such opportunity to be heard causes
22		no material delay.
23		(c) The court issuing an emergency gun violence restraining
24		order under subsection (a) of this Section may order redaction
25		of the name and any other personal identifying information of
26		any affiant or witness other than a law enforcement officer or

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1		prosecutor in any copies of the complaint, order, or any
2		related documents, provided that the unredacted original shall
3		be maintained in an official court file that may be ordered
4		sealed until further order of the court.
5		Section 1-20. Consideration of factors.
6		(a) In determining whether grounds exist to issue an
7		emergency gun violence restraining order, the judge may
8		consider, but is not limited to, evidence of:
9		(1) recent threats, acts, or attempted acts of violence
10		the person against himself, herself, or another person or
11		persons;
12		(2) a history of threats, acts, or attempted acts of
13		violence by the person against himself, herself, or another
14		person or persons;
15		(3) recent acts of cruelty to animals as described in
16		Section 3.01 of the Humane Care for Animals Act;
17		(4) social media posts or any other statements or
18		actions by such person evidencing an intent or propensity
19		to commit an act of violence resulting in personal injury
20		to himself, herself, or any other person;
21		(5) any previous determination that the person poses a
22		clear and present danger under subsection (d) of Section
23		8.1 of the Firearm Owners Identification Card Act and
24		related administrative rules;
25		(6) failure to take medications prescribed to control a

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1		mental illness otherwise likely to result or has previously
2		resulted in violent behavior;
3		(7) any disqualifying factor for eligibility for a
4		Firearm Owner's Identification Card under the Firearm
5		Owners Identification Card Act;
6		(8) the illegal use of controlled substances or
7		excessive use of alcohol by the person; and
8		(9) any available evidence the person does not pose an
9		imminent danger of causing death or serious bodily injury
10		to himself, herself, or any other person.
11		(b) In considering the weight to be given to these and any
12		other relevant factors, the judge shall consider the evidence
13		as a whole.
14		(c) Any emergency gun violence restraining order issued
15		shall expire no later than 14 days from the date the order is
16		issued. The order shall state the date and time the order was
17		entered and shall expire. The order shall also contain the
18		following statement:
19		"Based on credible evidence presented to the Court, the
20		Court finds: (1) there is probable cause to believe that
21		the person identified above poses an imminent danger of
22		causing death or serious bodily injury to himself, herself,
23		or another person or persons; (2) the person identified
24		above possesses or has ready access to one or more
25		firearms; and (3) less restrictive alternatives to
26		entering this order either have been tried and found to be

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1		ineffective or would be inadequate or inappropriate under
2		the circumstances. Based on those findings, the Court
3		orders that the person identified above shall immediately
4		surrender to the law enforcement officer or officers
5		serving upon him or her a copy of this order all firearms
6		and firearm ammunition he or she possesses, controls, or to
7		which he or she has ready access. Further, the person
8		identified above is prohibited from possessing,
9		controlling, purchasing, receiving, or attempting to
10		possess, control, purchase, or receive a firearm or firearm
11		ammunition while this order is in effect. An evidentiary
12		hearing shall be held within 14 days on the date and at the
13		time and place stated below to determine whether this
14		temporary emergency order should be made permanent for a
15		period up to six months. At the hearing, the person
16		identified above shall have the right to appear, present
17		evidence, testify on his or her own behalf if he or she
18		chooses to do so, make arguments to the court, and be
19		represented by an attorney retained at his or her own
20		expense."
21		The order shall also state the date, time, and place of the
22		hearing.
23		(d) A copy of any emergency gun violence restraining order
24		entered shall be served on the subject of the complaint by one
25		or more law enforcement officers as soon as reasonably possible
26		after being entered. The officer or officers shall immediately

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1		take custody of all firearms and firearm ammunition surrendered
2		by the subject of the complaint or in a location to which the
3		officer or officers have or gain lawful access, which shall be
4		maintained in the custody of the sheriff or law enforcement
5		agency where the person resides or is found or the items are
6		surrendered until further order of the court.
7		(e) If no further action is taken by the court by the date
8		and time the order expires and if the person who is the subject
9		of the order is lawfully entitled to possess a firearm, then
10		any firearm or other items surrendered, seized, or transferred
11		under the emergency gun violence restraining order shall be
12		promptly returned to the person or transferred to an authorized
13		representative lawfully entitled to possess them.
14		Section 1-25. Gun violence prevention search warrant.
15		(a) In any case in which a judge issues an emergency gun
16		violence restraining order or gun violence restraining order,
17		upon written application filed by a State's Attorney, assistant
18		State's Attorney, or law enforcement officer supported by
19		evidence submitted under oath or affirmation stating facts
20		sufficient to show probable cause to believe that: (1)
21		certifying that the applicant has conducted an independent
22		investigation and determined that no reasonably available
23		alternative will prevent such person from causing death or
24		serious bodily injury to himself, herself, or another person
25		with a firearm or firearms, any judge with jurisdiction where

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1		the items are located may issue a search warrant for seizure of
2		the firearm or firearms.
3		(b) An application for a gun violence prevention search
4		warrant may incorporate by reference any previous complaint or
5		other evidence submitted in the matter and the judge may take
6		judicial notice of any evidence presented to the court and any
7		judicial findings entered in any prior proceedings relating to
8		the matter.
9		(c) Unless otherwise provided in this Act, the procedures
10		for issuance and execution of a gun violence prevention search
11		warrant shall conform to applicable provisions of Article 108
12		of the Code of Criminal Procedure of 1963.
13		(d) In determining whether grounds exist to issue a gun
14		violence prevention search warrant, the judge may consider, but
15		is not limited to, the factors described in Section 1-20 of
16		this Act.
17		Section 1-30. Hearing; gun violence restraining order; and
18		disposition of firearms.
19		(a) No later than 14 days after issuance of an emergency
20		gun violence restraining order issued under Section 1-15 of
21		this Act, a court with jurisdiction where the subject of the
22		order resides or is found shall hold an evidentiary hearing to
23		determine whether a gun violence restraining order should be
24		entered. At the hearing, the petitioner, or the State's
25		Attorney if the petitioner was a law enforcement officer, shall

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1		have the burden of proving all material facts by clear and
2		convincing evidence. At the hearing, the person who is the
3		subject of the emergency gun violence restraining order shall
4		have the right to appear, present evidence, testify on his or
5		her own behalf if he or she chooses to do so or remain silent,
6		make arguments to the court, and be represented by an attorney
7		retained at his or her own expense.
8		(a-5) The hearing may be continued for up to 30 days at the
9		request of the person who is the subject of the emergency gun
10		violence restraining order. If the person who is the subject of
11		the emergency gun violence restraining order fails to appear
12		after being served with a copy of the emergency gun violence
13		restraining order or after reasonable efforts to serve such
14		order have failed, the evidentiary hearing may proceed in his
15		or her absence.
16		(b) In determining whether grounds exist to issue a gun
17		violence restraining order, the judge may consider, but is not
18		limited to, the factors described in Section 1-20 of this Act.
19		(c) If, after a hearing held pursuant to subsection (a) of
20		this Section, the judge finds by clear and convincing evidence
21		that:
22		(1) the subject of the emergency gun violence
23		restraining order poses an imminent danger of causing death
24		or serious bodily injury to himself, herself, or any other
25		person;
26		(2) the person possesses or has ready access to one or

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1		more firearms; and
2		(3) less restrictive alternatives either have been
3		tried and found to be ineffective or would be inadequate or
4		inappropriate under the circumstances, the judge shall
5		enter a gun violence restraining order containing the same
6		prohibitions described in Section 1-15 of this Act and
7		ordering that any firearm and firearm ammunition
8		surrendered or seized under the emergency gun violence
9		restraining order or gun violence prevention search
10		warrant issued under this Act shall continue to be held for
11		safekeeping by a designated law enforcement agency for a
12		period not to exceed six months. Otherwise, the judge shall
13		order that the surrendered or seized firearm and firearm
14		ammunition be returned to the subject of the emergency
15		order.
16		(c-5) All firearms and firearm ammunition surrendered or
17		seized under this Act shall be maintained by the law
18		enforcement agency having custody of the items in a location
19		and such manner that when returned or transferred to their
20		owner they shall be in the same physical and operating
21		condition as when surrendered or seized.
22		(d) Any person whose firearm or firearm ammunition have
23		been surrendered or ordered seized pursuant to this Act, or the
24		person's legal representative, may transfer ownership or
25		possession of the items in accordance with the provisions of
26		subsection (a) of Section 9.5 of the Firearm Owners

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1		Identification Card Act, or other applicable state or federal
2		law, to any person eligible to possess a firearm under the
3		Firearm Owners Identification Card Act, subject to an order by
4		the court and agreement of the person receiving the items that
5		they shall be maintained in a secure manner inaccessible to the
6		subject of an emergency gun violence restraining order or gun
7		violence restraining order while any such order is in effect.
8		(e) If the judge at any time determines that a firearm or
9		other item surrendered or seized under an emergency gun
10		violence restraining order, gun violence restraining order, or
11		search warrant is owned by another person who is lawfully
12		eligible to possess a firearm, the judge may order the law
13		enforcement agency having custody of the firearm or item to
14		deliver the firearm or item to the owner, subject to an order
15		by the court and agreement of the person receiving the items
16		that they shall be maintained in a secure manner inaccessible
17		to the subject of an emergency gun violence restraining order
18		or gun violence restraining order while any such order is in
19		effect.
20		(f) At any time after a court orders a law enforcement
21		agency to retain a person's firearm or firearm ammunition under
22		this Act, the person may petition the court for return of the
23		item. Upon receipt of the petition the court shall enter an
24		order setting a date for a hearing on the petition and inform
25		the person and State's Attorney of the date, time, and location
26		of the hearing. In a hearing on a petition under this

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1		subsection (f), the person whose firearm or firearm ammunition
2		has been surrendered or seized may be represented by an
3		attorney retained at his or her own expense; and shall have the
4		burden of proving by a preponderance of the evidence that the
5		person does not pose an imminent danger of causing serious
6		bodily injury to himself, herself, or any other person.
7		(g) If, after a hearing held under subsection (f) of this
8		Section, the judge finds that the person who is the subject of
9		the complaint does not pose an imminent danger of serious
10		bodily injury to himself, herself, or any other person and that
11		the person is otherwise eligible to lawfully possess a firearm
12		under the Firearm Owners Identification Card Act, the judge
13		shall order the law enforcement agency having custody of the
14		firearm or firearm ammunition to promptly return the item to
15		the person or authorized representative. The court shall direct
16		the Department of State Police to return and reinstate the
17		person's Firearm Owner's Identification Card if not otherwise
18		expired, suspended, or revoked. If the judge denies the
19		person's petition, the judge shall order that the firearm or
20		firearm ammunition surrendered or seized under this Act
21		continue to be held by the sheriff or law enforcement agency
22		having custody of them for a period not to exceed six months
23		from the date of denial of the petition, and the person may not
24		file a subsequent petition until at least 90 days after the
25		date on which the petition was denied.
26		(h) Upon expiration of the last order directing a law

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1		enforcement agency to retain a person's firearm or firearm
2		ammunition under this Act, and upon request by the person who
3		surrendered the items or from whom the items were seized, the
4		law enforcement agency with custody of the items shall release
5		the items to the person if the person is otherwise eligible to
6		lawfully possess a firearm to lawfully possess a firearm under
7		the Firearm Owners Identification Card Act. If the person fails
8		to request return of the firearm or firearm ammunition is
9		ineligible to lawfully possess a firearm and fails to transfer
10		the firearm or other item to another person pursuant to
11		subsection (d) of this Section, the law enforcement agency
12		shall continue to retain the firearm or other item until entry
13		of a court order under subsection (i) of this Section.
14		(i) If after 5 years from the expiration of the last order
15		directing a law enforcement agency to retain a person's firearm
16		or firearm ammunition under this Act, a firearm or firearm
17		ammunition continues to be held by a law enforcement agency
18		under the order and the person who is the subject of the order
19		fails to request return of the item or is ineligible to
20		lawfully possess a firearm and fails to transfer the firearm or
21		other item to another person pursuant to subsection (d) of this
22		Section, the court, after giving notice to the parties and
23		conducting a hearing, may order the law enforcement agency
24		having custody of the firearm or other item to dispose of the
25		firearm or other item in whatever manner the court deems
26		appropriate.

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1		Section 1-35. Suspension of Firearm Owner's Identification
2		Card and concealed carry license.
3		(a) Upon issuance of an emergency gun violence restraining
4		order under subsection (a) of Section 1-15 of this Act, the
5		court shall immediately notify the Department of State Police.
6		The local law enforcement agency, upon direction of the court,
7		shall immediately mail the person's Firearm Owner's
8		Identification Card and any concealed carry license to the
9		Department of State Police Firearm Owners Identification Card
10		Office for safekeeping. Upon receipt of the notice, the
11		Department of State Police shall immediately suspend any
12		Firearm Owner's Identification Card and Concealed Carry
13		License of the person who is the subject of the order, pending
14		the outcome of a hearing held pursuant to Section 1-30 of this
15		Act. If, after the hearing, the court fails to issue a gun
16		violence restraining order the court shall immediately notify
17		the Department of State Police. Upon receipt of the notice, the
18		Department of State Police shall immediately reinstate and
19		return the person's Firearm Owner's Identification Card and any
20		concealed carry license at no cost to the person.
21		(b) Upon entry of a gun violence restraining order pursuant
22		to Section 1-30 of this Act, the court shall immediately notify
23		the Department of State Police. Upon receipt of such notice,
24		the Illinois State Police shall immediately suspend any Firearm
25		Owner's Identification Card and concealed carry license of the
26		person who is the subject of the order for the duration of the

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1		order.
2		Section 1-40. Military and police firearms and personnel.
3		(a) Notwithstanding any other provision of this Act, this
4		Act shall not be construed or applied to restrict the Illinois
5		National Guard or Armed Forces of the United States from
6		issuing firearms to its personnel. Any firearm or firearm
7		ammunition surrendered or seized under this Act issued by or
8		otherwise constituting property of the Illinois National Guard
9		or Armed Forces of the United States shall be promptly
10		delivered to the Illinois National Guard or appropriate branch
11		of the Armed Forces of the United States to be retained and
12		used in whatever manner that entity deems appropriate. Notice
13		of any order entered under this Act relating to a member of the
14		Illinois National Guard or Armed Forces of the United States
15		shall be promptly provided to the Illinois National Guard or
16		appropriate branch of the Armed Forces of the United States.
17		(b) Any firearms or firearm ammunition surrendered or
18		seized under this act issued by or otherwise constituting
19		property of a law enforcement agency shall be promptly
20		delivered to the law enforcement agency to be retained and used
21		in whatever manner the agency deems appropriate, except that no
22		such firearm or firearm ammunition may be possessed by a person
23		subject to an order entered under this Act. Notice of any order
24		entered under this Act relating to a law enforcement officer
25		shall be promptly provided to the person's law enforcement

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1		agency.
2		Section 1-45. Penalty. A person who knowingly violates an
3		emergency gun violence restraining order or gun violence
4		restraining order entered under this Act shall be guilty of a
5		Class 4 felony.
6		Article 5. Gun Crime Charging and Sentencing Accountability and
7		Transparency Act.
8		Section 5-1. Short title. This Article may be cited as the
9		Gun Crime Charging and Sentencing Accountability and
10		Transparency Act, and references in this Article to "this Act"
11		mean this Article.
12		Section 5-5. Plea agreement; State's Attorney. In a
13		criminal case, if a defendant is charged with an offense
14		involving the illegal use or possession of a firearm and
15		subsequently enters into a plea agreement in which in the
16		charge will be reduced to a lesser offense or a non-weapons
17		offense in exchange for a plea of guilty, at or before the time
18		of sentencing, the State's Attorney shall file with the court a
19		written statement of his or her reasons in support of the plea
20		agreement, which reasons shall specifically explain why the
21		offense or offenses of conviction that result from the plea
22		agreement do not include the originally charged weapons

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1		offense. The written statement shall be part of the court
2		record in the case and a copy shall be provided to any person
3		upon request.
4		Section 5-10. Sentencing; judge. In a criminal case in
5		which the original charge is or was for an offense involving
6		the illegal use or possession of a firearm, if a defendant
7		pleads guilty or is found guilty of the original charge or a
8		lesser offense or a non-weapons offense, in imposing sentence
9		the judge shall set forth in a written sentencing order his or
10		her reasons for imposing the sentence or accepting the plea
11		agreement. A copy of the written sentencing order shall be
12		provided to any person upon request.
13		Article 10. Amendatory Provisions.
14		Section 10-5. The Counties Code is amended by changing
15		Section 5-1006.7 as follows:
16		(55 ILCS 5/5-1006.7)
17		Sec. 5-1006.7. School facility and resources occupation
18		taxes.
19		(a) In any county, a tax shall be imposed upon all persons
20		engaged in the business of selling tangible personal property,
21		other than personal property titled or registered with an
22		agency of this State's government, at retail in the county on

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1		the gross receipts from the sales made in the course of
2		business to provide revenue to be used exclusively for (i)
3		school facility purposes or (ii) school resource officers and
4		mental health professionals, or (iii) school facility
5		purposes, school resource officers, and mental health
6		professionals, if a proposition for the tax has been submitted
7		to the electors of that county and approved by a majority of
8		those voting on the question as provided in subsection (c). The
9		tax under this Section shall be imposed only in one-quarter
10		percent increments and may not exceed 1%.
11		This additional tax may not be imposed on the sale of food
12		for human consumption that is to be consumed off the premises
13		where it is sold (other than alcoholic beverages, soft drinks,
14		and food that has been prepared for immediate consumption) and
15		prescription and non-prescription medicines, drugs, medical
16		appliances and insulin, urine testing materials, syringes and
17		needles used by diabetics. The Department of Revenue has full
18		power to administer and enforce this subsection, to collect all
19		taxes and penalties due under this subsection, to dispose of
20		taxes and penalties so collected in the manner provided in this
21		subsection, and to determine all rights to credit memoranda
22		arising on account of the erroneous payment of a tax or penalty
23		under this subsection. The Department shall deposit all taxes
24		and penalties collected under this subsection into a special
25		fund created for that purpose.
26		In the administration of and compliance with this

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1		subsection, the Department and persons who are subject to this
2		subsection (i) have the same rights, remedies, privileges,
3		immunities, powers, and duties, (ii) are subject to the same
4		conditions, restrictions, limitations, penalties, and
5		definitions of terms, and (iii) shall employ the same modes of
6		procedure as are set forth in Sections 1 through 1o, 2 through
7		2-70 (in respect to all provisions contained in those Sections
8		other than the State rate of tax), 2a through 2h, 3 (except as
9		to the disposition of taxes and penalties collected), 4, 5, 5a,
10		5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
11		7, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation
12		Tax Act and all provisions of the Uniform Penalty and Interest
13		Act as if those provisions were set forth in this subsection.
14		The certificate of registration that is issued by the
15		Department to a retailer under the Retailers' Occupation Tax
16		Act permits the retailer to engage in a business that is
17		taxable without registering separately with the Department
18		under an ordinance or resolution under this subsection.
19		Persons subject to any tax imposed under the authority
20		granted in this subsection may reimburse themselves for their
21		seller's tax liability by separately stating that tax as an
22		additional charge, which may be stated in combination, in a
23		single amount, with State tax that sellers are required to
24		collect under the Use Tax Act, pursuant to any bracketed
25		schedules set forth by the Department.
26		(b) If a tax has been imposed under subsection (a), then a

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1		service occupation tax must also be imposed at the same rate
2		upon all persons engaged, in the county, in the business of
3		making sales of service, who, as an incident to making those
4		sales of service, transfer tangible personal property within
5		the county as an incident to a sale of service.
6		This tax may not be imposed on sales of food for human
7		consumption that is to be consumed off the premises where it is
8		sold (other than alcoholic beverages, soft drinks, and food
9		prepared for immediate consumption) and prescription and
10		non-prescription medicines, drugs, medical appliances and
11		insulin, urine testing materials, syringes, and needles used by
12		diabetics.
13		The tax imposed under this subsection and all civil
14		penalties that may be assessed as an incident thereof shall be
15		collected and enforced by the Department and deposited into a
16		special fund created for that purpose. The Department has full
17		power to administer and enforce this subsection, to collect all
18		taxes and penalties due under this subsection, to dispose of
19		taxes and penalties so collected in the manner provided in this
20		subsection, and to determine all rights to credit memoranda
21		arising on account of the erroneous payment of a tax or penalty
22		under this subsection.
23		In the administration of and compliance with this
24		subsection, the Department and persons who are subject to this
25		subsection shall (i) have the same rights, remedies,
26		privileges, immunities, powers and duties, (ii) be subject to

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1		the same conditions, restrictions, limitations, penalties and
2		definition of terms, and (iii) employ the same modes of
3		procedure as are set forth in Sections 2 (except that that
4		reference to State in the definition of supplier maintaining a
5		place of business in this State means the county), 2a through
6		2d, 3 through 3-50 (in respect to all provisions contained in
7		those Sections other than the State rate of tax), 4 (except
8		that the reference to the State shall be to the county), 5, 7,
9		8 (except that the jurisdiction to which the tax is a debt to
10		the extent indicated in that Section 8 is the county), 9
11		(except as to the disposition of taxes and penalties
12		collected), 10, 11, 12 (except the reference therein to Section
13		2b of the Retailers' Occupation Tax Act), 13 (except that any
14		reference to the State means the county), Section 15, 16, 17,
15		18, 19, and 20 of the Service Occupation Tax Act and all
16		provisions of the Uniform Penalty and Interest Act, as fully as
17		if those provisions were set forth herein.
18		Persons subject to any tax imposed under the authority
19		granted in this subsection may reimburse themselves for their
20		serviceman's tax liability by separately stating the tax as an
21		additional charge, which may be stated in combination, in a
22		single amount, with State tax that servicemen are authorized to
23		collect under the Service Use Tax Act, pursuant to any
24		bracketed schedules set forth by the Department.
25		(c) The tax under this Section may not be imposed until the
26		question of imposing the tax has been submitted to the electors

HB1468AVM001 - 22 - LRB100 03292 RLC 40115 v
1		of the county at a regular election and approved by a majority
2		of the electors voting on the question. For all regular
3		elections held prior to August 23, 2011 (the effective date of
4		Public Act 97-542), upon a resolution by the county board or a
5		resolution by school district boards that represent at least
6		51% of the student enrollment within the county, the county
7		board must certify the question to the proper election
8		authority in accordance with the Election Code.
9		For all regular elections held prior to August 23, 2011
10		(the effective date of Public Act 97-542), the election
11		authority must submit the question in substantially the
12		following form:
13		Shall (name of county) be authorized to impose a
14		retailers' occupation tax and a service occupation tax
15		(commonly referred to as a "sales tax") at a rate of
16		(insert rate) to be used exclusively for school facility
17		purposes?
18		The election authority must record the votes as "Yes" or "No".
19		If a majority of the electors voting on the question vote
20		in the affirmative, then the county may, thereafter, impose the
21		tax.
22		For all regular elections held on or after August 23, 2011
23		(the effective date of Public Act 97-542), the regional
24		superintendent of schools for the county must, upon receipt of
25		a resolution or resolutions of school district boards that
26		represent more than 50% of the student enrollment within the

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1		county, certify the question to the proper election authority
2		for submission to the electors of the county at the next
3		regular election at which the question lawfully may be
4		submitted to the electors, all in accordance with the Election
5		Code.
6		For all regular elections held on or after August 23, 2011
7		(the effective date of Public Act 97-542) and before the
8		effective date of this amendatory Act of the 100th General
9		Assembly, the election authority must submit the question in
10		substantially the following form:
11		Shall a retailers' occupation tax and a service
12		occupation tax (commonly referred to as a "sales tax") be
13		imposed in (name of county) at a rate of (insert rate) to
14		be used exclusively for school facility purposes?
15		The election authority must record the votes as "Yes" or "No".
16		If a majority of the electors voting on the question vote
17		in the affirmative, then the tax shall be imposed at the rate
18		set forth in the question.
19		For all regular elections held on or after the effective
20		date of this amendatory Act of the 100th General Assembly, the
21		election authority must submit the question as provided in this
22		paragraph. If the referendum is to expand the use of revenues
23		from a currently imposed tax to include school resource
24		officers and mental health professionals, the question shall be
25		in substantially the following form:
26		In addition to school facility purposes, shall (name of

HB1468AVM001 - 24 - LRB100 03292 RLC 40115 v
1		county) school districts be authorized to use revenues from
2		the tax commonly referred to as the school facility sales
3		tax that is currently imposed in (name of county) at a rate
4		of (insert rate) for school resource officers and mental
5		health professionals?
6		If the referendum is to increase the rate of a tax
7		currently imposed at less than 1% and dedicate the additional
8		revenues for school resource officers and mental health
9		professionals, the question shall be in substantially the
10		following form:
11		Shall the tax commonly referred to as the school
12		facility sales tax that is currently imposed in (name of
13		county) at the rate of (insert rate) be increased to a rate
14		of (insert rate) with the additional revenues used
15		exclusively for school resource officers and mental health
16		professionals?
17		If the referendum is to impose a tax, in a county that has not
18		previously imposed a tax under this Section, exclusively for
19		school facility purposes, the question shall be in
20		substantially the following form:
21		Shall a retailers' occupation tax and a service
22		occupation tax (commonly referred to as a "sales tax") be
23		imposed in (name of county) at a rate of (insert rate) to
24		be used exclusively for school facility purposes?
25		If the referendum is to impose a tax, in a county that has not
26		previously imposed a tax under this Section, exclusively for

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1		school resource officers and mental health professionals, the
2		question shall be in substantially the following form:
3		Shall a retailers' occupation tax and a service
4		occupation tax (commonly referred to as a "sales tax") be
5		imposed in (name of county) at a rate of (insert rate) to
6		be used exclusively for school resource officers and mental
7		health professionals?
8		If the referendum is to impose a tax, in a county that has
9		not previously imposed a tax under this Section, exclusively
10		for school facility purposes, school resource officers, and
11		mental health professionals, the question shall be in
12		substantially the following form:
13		Shall a retailers' occupation tax and a service
14		occupation tax (commonly referred to as a "sales tax") be
15		imposed in (name of county) at a rate of (insert rate) to
16		be used exclusively for school facility purposes, school
17		resource officers, and mental health professionals?
18		The election authority must record the votes as "Yes" or
19		"No".
20		If a majority of the electors voting on the question vote
21		in the affirmative, then the tax shall be imposed at the rate
22		set forth in the question.
23		For the purposes of this subsection (c), "enrollment" means
24		the head count of the students residing in the county on the
25		last school day of September of each year, which must be
26		reported on the Illinois State Board of Education Public School

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1		Fall Enrollment/Housing Report.
2		(d) The Department shall immediately pay over to the State
3		Treasurer, ex officio, as trustee, all taxes and penalties
4		collected under this Section to be deposited into the School
5		Facility Occupation Tax Fund, which shall be an unappropriated
6		trust fund held outside the State treasury.
7		On or before the 25th day of each calendar month, the
8		Department shall prepare and certify to the Comptroller the
9		disbursement of stated sums of money to the regional
10		superintendents of schools in counties from which retailers or
11		servicemen have paid taxes or penalties to the Department
12		during the second preceding calendar month. The amount to be
13		paid to each regional superintendent of schools and disbursed
14		to him or her in accordance with Section 3-14.31 of the School
15		Code, is equal to the amount (not including credit memoranda)
16		collected from the county under this Section during the second
17		preceding calendar month by the Department, (i) less 2% of that
18		amount, which shall be deposited into the Tax Compliance and
19		Administration Fund and shall be used by the Department,
20		subject to appropriation, to cover the costs of the Department
21		in administering and enforcing the provisions of this Section,
22		on behalf of the county, (ii) plus an amount that the
23		Department determines is necessary to offset any amounts that
24		were erroneously paid to a different taxing body; (iii) less an
25		amount equal to the amount of refunds made during the second
26		preceding calendar month by the Department on behalf of the

HB1468AVM001 - 27 - LRB100 03292 RLC 40115 v
1		county; and (iv) less any amount that the Department determines
2		is necessary to offset any amounts that were payable to a
3		different taxing body but were erroneously paid to the county.
4		When certifying the amount of a monthly disbursement to a
5		regional superintendent of schools under this Section, the
6		Department shall increase or decrease the amounts by an amount
7		necessary to offset any miscalculation of previous
8		disbursements within the previous 6 months from the time a
9		miscalculation is discovered.
10		Within 10 days after receipt by the Comptroller from the
11		Department of the disbursement certification to the regional
12		superintendents of the schools provided for in this Section,
13		the Comptroller shall cause the orders to be drawn for the
14		respective amounts in accordance with directions contained in
15		the certification.
16		If the Department determines that a refund should be made
17		under this Section to a claimant instead of issuing a credit
18		memorandum, then the Department shall notify the Comptroller,
19		who shall cause the order to be drawn for the amount specified
20		and to the person named in the notification from the
21		Department. The refund shall be paid by the Treasurer out of
22		the School Facility Occupation Tax Fund.
23		(e) For the purposes of determining the local governmental
24		unit whose tax is applicable, a retail sale by a producer of
25		coal or another mineral mined in Illinois is a sale at retail
26		at the place where the coal or other mineral mined in Illinois

HB1468AVM001 - 28 - LRB100 03292 RLC 40115 v
1		is extracted from the earth. This subsection does not apply to
2		coal or another mineral when it is delivered or shipped by the
3		seller to the purchaser at a point outside Illinois so that the
4		sale is exempt under the United States Constitution as a sale
5		in interstate or foreign commerce.
6		(f) Nothing in this Section may be construed to authorize a
7		tax to be imposed upon the privilege of engaging in any
8		business that under the Constitution of the United States may
9		not be made the subject of taxation by this State.
10		(g) If a county board imposes a tax under this Section
11		pursuant to a referendum held before August 23, 2011 (the
12		effective date of Public Act 97-542) at a rate below the rate
13		set forth in the question approved by a majority of electors of
14		that county voting on the question as provided in subsection
15		(c), then the county board may, by ordinance, increase the rate
16		of the tax up to the rate set forth in the question approved by
17		a majority of electors of that county voting on the question as
18		provided in subsection (c). If a county board imposes a tax
19		under this Section pursuant to a referendum held before August
20		23, 2011 (the effective date of Public Act 97-542), then the
21		board may, by ordinance, discontinue or reduce the rate of the
22		tax. If a tax is imposed under this Section pursuant to a
23		referendum held on or after August 23, 2011 (the effective date
24		of Public Act 97-542) and before the effective date of this
25		amendatory Act of the 100th General Assembly, then the county
26		board may reduce or discontinue the tax, but only in accordance

HB1468AVM001 - 29 - LRB100 03292 RLC 40115 v
1		with subsection (h-5) of this Section. If a tax is imposed
2		under this Section pursuant to a referendum held on or after
3		the effective date of this amendatory Act of the 100th General
4		Assembly, then the county board may reduce or discontinue the
5		tax, but only in accordance with subsection (h-10) of this
6		Section. If, however, a school board issues bonds that are
7		secured by the proceeds of the tax under this Section, then the
8		county board may not reduce the tax rate or discontinue the tax
9		if that rate reduction or discontinuance would adversely affect
10		the school board's ability to pay the principal and interest on
11		those bonds as they become due or necessitate the extension of
12		additional property taxes to pay the principal and interest on
13		those bonds. If the county board reduces the tax rate or
14		discontinues the tax, then a referendum must be held in
15		accordance with subsection (c) of this Section in order to
16		increase the rate of the tax or to reimpose the discontinued
17		tax.
18		Until January 1, 2014, the results of any election that
19		imposes, reduces, or discontinues a tax under this Section must
20		be certified by the election authority, and any ordinance that
21		increases or lowers the rate or discontinues the tax must be
22		certified by the county clerk and, in each case, filed with the
23		Illinois Department of Revenue either (i) on or before the
24		first day of April, whereupon the Department shall proceed to
25		administer and enforce the tax or change in the rate as of the
26		first day of July next following the filing; or (ii) on or

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1		before the first day of October, whereupon the Department shall
2		proceed to administer and enforce the tax or change in the rate
3		as of the first day of January next following the filing.
4		Beginning January 1, 2014, the results of any election that
5		imposes, reduces, or discontinues a tax under this Section must
6		be certified by the election authority, and any ordinance that
7		increases or lowers the rate or discontinues the tax must be
8		certified by the county clerk and, in each case, filed with the
9		Illinois Department of Revenue either (i) on or before the
10		first day of May, whereupon the Department shall proceed to
11		administer and enforce the tax or change in the rate as of the
12		first day of July next following the filing; or (ii) on or
13		before the first day of October, whereupon the Department shall
14		proceed to administer and enforce the tax or change in the rate
15		as of the first day of January next following the filing.
16		(h) For purposes of this Section, "school facility
17		purposes" means (i) the acquisition, development,
18		construction, reconstruction, rehabilitation, improvement,
19		financing, architectural planning, and installation of capital
20		facilities consisting of buildings, structures, and durable
21		equipment and for the acquisition and improvement of real
22		property and interest in real property required, or expected to
23		be required, in connection with the capital facilities and (ii)
24		the payment of bonds or other obligations heretofore or
25		hereafter issued, including bonds or other obligations
26		heretofore or hereafter issued to refund or to continue to

HB1468AVM001 - 31 - LRB100 03292 RLC 40115 v
1		refund bonds or other obligations issued, for school facility
2		purposes, provided that the taxes levied to pay those bonds are
3		abated by the amount of the taxes imposed under this Section
4		that are used to pay those bonds. "School-facility purposes"
5		also includes fire prevention, safety, energy conservation,
6		accessibility, school security, and specified repair purposes
7		set forth under Section 17-2.11 of the School Code.
8		(h-5) A county board in a county where a tax has been
9		imposed under this Section pursuant to a referendum held on or
10		after August 23, 2011 (the effective date of Public Act 97-542)
11		and before the effective date of this amendatory Act of the
12		100th General Assembly may, by ordinance or resolution, submit
13		to the voters of the county the question of reducing or
14		discontinuing the tax. In the ordinance or resolution, the
15		county board shall certify the question to the proper election
16		authority in accordance with the Election Code. The election
17		authority must submit the question in substantially the
18		following form:
19		Shall the school facility retailers' occupation tax
20		and service occupation tax (commonly referred to as the
21		"school facility sales tax") currently imposed in (name of
22		county) at a rate of (insert rate) be (reduced to (insert
23		rate))(discontinued)?
24		If a majority of the electors voting on the question vote in
25		the affirmative, then, subject to the provisions of subsection
26		(g) of this Section, the tax shall be reduced or discontinued

HB1468AVM001 - 32 - LRB100 03292 RLC 40115 v
1		as set forth in the question.
2		(h-10) A county board in a county where a tax has been
3		imposed under this Section pursuant to a referendum held on or
4		after the effective date of this amendatory Act of the 100th
5		General Assembly may, by ordinance or resolution, submit to the
6		voters of the county the question of reducing or discontinuing
7		the tax. In the ordinance or resolution, the county board shall
8		certify the question to the proper election authority in
9		accordance with the Election Code. The election authority must
10		submit the question in substantially the following form:
11		Shall the school facility and resources retailers'
12		occupation tax and service occupation tax (commonly
13		referred to as the "school facility and resources sales
14		tax") currently imposed in (name of county) at a rate of
15		(insert rate) be (reduced to (insert rate))(discontinued)?
16		If a majority of the electors voting on the question vote
17		in the affirmative, then, subject to the provisions of
18		subsection (g) of this Section, the tax shall be reduced or
19		discontinued as set forth in the question.
20		(i) This Section does not apply to Cook County.
21		(j) This Section may be cited as the County School Facility
22		and Resources Occupation Tax Law.
23		(Source: P.A. 98-584, eff. 8-27-13; 99-143, eff. 7-27-15;
24		99-217, eff. 7-31-15; 99-642, eff. 7-28-16.)

HB1468AVM001 - 33 - LRB100 03292 RLC 40115 v
1		Section 10-10. The Firearm Owners Identification Card Act
2		is amended by adding Section 8.5 as follows:
3		(430 ILCS 65/8.5 new)
4		Sec. 8.5. Suspension of a Firearm Owner's Identification
5		Card under the Gun Violence Restraining Order Act. The
6		Department of State Police shall suspend a person's Firearm
7		Owner's Identification Card for the duration of an emergency
8		gun violence restraining order or a gun violence restraining
9		order as provided in Section 1-35 of the Gun Violence
10		Restraining Order Act.
11		Section 10-15. The Firearm Concealed Carry Act is amended
12		by adding Section 42 as follows:
13		(430 ILCS 66/42 new)
14		Sec. 42. Suspension of a concealed carry license under the
15		Gun Violence Restraining Order Act. The Department of State
16		Police shall suspend a person's concealed carry license for the
17		duration of an emergency gun violence restraining order or a
18		gun violence restraining order as provided under Section 1-35
19		of the Gun Violence Restraining Order Act."; and
20		on page 1, by replacing lines 4 through 5 with the following:

HB1468AVM001 - 34 - LRB100 03292 RLC 40115 v
1		"Section 10-20. The Criminal Code of 2012 is amended by
2		changing Sections 5-1, 24-1, and 24-3 and by adding Sections
3		4-4.5, 5-2.5, and 9-1.5 as follows:
4		(720 ILCS 5/4-4.5 new)
5		Sec. 4-4.5. Purposely or purpose. In Section 5-2.5 and
6		9-1.5 of this Code, a person acts purposely or with the purpose
7		when his or her conscious objective is to cause the death of
8		another human being.
9		(720 ILCS 5/5-1) (from Ch. 38, par. 5-1)
10		Sec. 5-1. Accountability for conduct of another. Except as
11		provided in Section 5-2.5 of the Code a A person is responsible
12		for conduct which is an element of an offense if the conduct is
13		either that of the person himself, or that of another and he is
14		legally accountable for such conduct as provided in Section 5-2
15		of this Code, or both.
16		(Source: Laws 1961, p. 1983.)
17		(720 ILCS 5/5-2.5 new)
18		Sec. 5-2.5. Death penalty murder; accountability for acts
19		of others. A person is legally accountable for the conduct of
20		another in the commission of death penalty murder only when:
21		(1) having the purpose to cause the death of another
22		human being without lawful justification, the person
23		commands, induces, procures, or causes another to perform

HB1468AVM001 - 35 - LRB100 03292 RLC 40115 v
1		the conduct; or
2		(2) the person agrees with one or more other persons to
3		engage in conduct for the common purpose of causing the
4		death of another human being without lawful justification,
5		in which case all parties to the agreement shall be
6		criminally liable for acts of other parties to the
7		agreement committed during and in furtherance of the
8		agreement.
9		(720 ILCS 5/9-1.5 new)
10		Sec. 9-1.5. Death penalty murder.
11		(a) In this Section, "human being" means a person who has
12		been born and is alive.
13		(b) A person commits death penalty murder when at the time
14		of the commission of the offense he or she has attained the age
15		of 18 or more and he or she purposely causes the death of
16		another human being without lawful justification if:
17		(1) at the time of the offense, the person caused the
18		death of 2 or more other human beings without lawful
19		justification; or
20		(2) the victim was a peace officer, as defined by
21		Section 2-13 of this Code, killed in the course of
22		performing his or her official duties, either to prevent
23		the performance of the officer's duties or in retaliation
24		for the performance of the officer's duties, and the person
25		knew that the victim was a peace officer.

HB1468AVM001 - 36 - LRB100 03292 RLC 40115 v
1		(c) The trier of fact regarding the charge of death penalty
2		murder shall resolve any doubt regarding identification or any
3		element of the offense in favor of the defendant. A defendant
4		shall not be found guilty of the offense of death penalty
5		murder unless each and every element of the offense is
6		established beyond any doubt. If the trial is by jury, before
7		the trial commences and again before jury deliberations
8		commence, the jury shall be instructed that the penalty for
9		death penalty murder is death.
10		(d) A defendant, who has been found guilty of death penalty
11		murder, may, at a separate sentencing hearing, present evidence
12		of mitigating circumstances not rising to the level of legal
13		justification, including but not limited to evidence of
14		intellectual disability as provided in Section 114-15 of the
15		Code of Criminal Procedure of 1963. The prosecution may present
16		rebuttal evidence. The hearing shall be before the trial judge.
17		The judge shall sentence the defendant to death, unless he or
18		she finds that the defendant has, by a preponderance of the
19		evidence, presented sufficiently substantial evidence to prove
20		intellectual disability or that imposition of the death penalty
21		would result in a manifest miscarriage of justice, in which
22		case the judge shall sentence the defendant to life
23		imprisonment without the possibility of parole.
24		(e) On appeal from a conviction of death penalty murder,
25		review of the facts shall be de novo. In conducting its de novo
26		review of the trial evidence, the appellate court shall resolve

HB1468AVM001 - 37 - LRB100 03292 RLC 40115 v
1		all doubt regarding identification and guilt in favor of the
2		defendant. The appellate court shall conduct an independent
3		review of the evidence without giving deference to the judgment
4		of the trier of fact at trial.
5		(f) Sentence. The sentence for death penalty murder is
6		death.
7		(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
8		Sec. 24-1. Unlawful use of weapons.
9		(a) A person commits the offense of unlawful use of weapons
10		when he knowingly:
11		(1) Sells, manufactures, purchases, possesses or
12		carries any bludgeon, black-jack, slung-shot, sand-club,
13		sand-bag, metal knuckles or other knuckle weapon
14		regardless of its composition, throwing star, or any knife,
15		commonly referred to as a switchblade knife, which has a
16		blade that opens automatically by hand pressure applied to
17		a button, spring or other device in the handle of the
18		knife, or a ballistic knife, which is a device that propels
19		a knifelike blade as a projectile by means of a coil
20		spring, elastic material or compressed gas; or
21		(2) Carries or possesses with intent to use the same
22		unlawfully against another, a dagger, dirk, billy,
23		dangerous knife, razor, stiletto, broken bottle or other
24		piece of glass, stun gun or taser or any other dangerous or
25		deadly weapon or instrument of like character; or

HB1468AVM001 - 38 - LRB100 03292 RLC 40115 v
1		(3) Carries on or about his person or in any vehicle, a
2		tear gas gun projector or bomb or any object containing
3		noxious liquid gas or substance, other than an object
4		containing a non-lethal noxious liquid gas or substance
5		designed solely for personal defense carried by a person 18
6		years of age or older; or
7		(4) Carries or possesses in any vehicle or concealed on
8		or about his person except when on his land or in his own
9		abode, legal dwelling, or fixed place of business, or on
10		the land or in the legal dwelling of another person as an
11		invitee with that person's permission, any pistol,
12		revolver, stun gun or taser or other firearm, except that
13		this subsection (a) (4) does not apply to or affect
14		transportation of weapons that meet one of the following
15		conditions:
16		(i) are broken down in a non-functioning state; or
17		(ii) are not immediately accessible; or
18		(iii) are unloaded and enclosed in a case, firearm
19		carrying box, shipping box, or other container by a
20		person who has been issued a currently valid Firearm
21		Owner's Identification Card; or
22		(iv) are carried or possessed in accordance with
23		the Firearm Concealed Carry Act by a person who has
24		been issued a currently valid license under the Firearm
25		Concealed Carry Act; or
26		(5) Sets a spring gun; or

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1		(6) Possesses any device or attachment of any kind
2		designed, used or intended for use in silencing the report
3		of any firearm; or
4		(7) Sells, manufactures, purchases, possesses or
5		carries:
6		(i) a machine gun, which shall be defined for the
7		purposes of this subsection as any weapon, which
8		shoots, is designed to shoot, or can be readily
9		restored to shoot, automatically more than one shot
10		without manually reloading by a single function of the
11		trigger, including the frame or receiver of any such
12		weapon, or sells, manufactures, purchases, possesses,
13		or carries any combination of parts designed or
14		intended for use in converting any weapon into a
15		machine gun, or any combination or parts from which a
16		machine gun can be assembled if such parts are in the
17		possession or under the control of a person;
18		(i-5) beginning 90 days after the effective date of
19		this amendatory Act of the 100th General Assembly, a
20		bump stock or trigger crank. As used in this clause
21		(i-5):
22		"Bump stock" means any device for a weapon that
23		increases the rate of fire achievable with the weapon
24		by using energy from the recoil of the weapon to
25		generate a reciprocating action that facilitates
26		repeated activation of the trigger of the weapon.

HB1468AVM001 - 40 - LRB100 03292 RLC 40115 v
1		"Trigger crank" means any device to be attached to
2		a weapon that repeatedly activates the trigger of the
3		weapon through the use of a lever or other part that is
4		turned in a circular motion;
5		(ii) any rifle having one or more barrels less than
6		16 inches in length or a shotgun having one or more
7		barrels less than 18 inches in length or any weapon
8		made from a rifle or shotgun, whether by alteration,
9		modification, or otherwise, if such a weapon as
10		modified has an overall length of less than 26 inches;
11		or
12		(iii) any bomb, bomb-shell, grenade, bottle or
13		other container containing an explosive substance of
14		over one-quarter ounce for like purposes, such as, but
15		not limited to, black powder bombs and Molotov
16		cocktails or artillery projectiles; or
17		(8) Carries or possesses any firearm, stun gun or taser
18		or other deadly weapon in any place which is licensed to
19		sell intoxicating beverages, or at any public gathering
20		held pursuant to a license issued by any governmental body
21		or any public gathering at which an admission is charged,
22		excluding a place where a showing, demonstration or lecture
23		involving the exhibition of unloaded firearms is
24		conducted.
25		This subsection (a)(8) does not apply to any auction or
26		raffle of a firearm held pursuant to a license or permit

HB1468AVM001 - 41 - LRB100 03292 RLC 40115 v
1		issued by a governmental body, nor does it apply to persons
2		engaged in firearm safety training courses; or
3		(9) Carries or possesses in a vehicle or on or about
4		his person any pistol, revolver, stun gun or taser or
5		firearm or ballistic knife, when he is hooded, robed or
6		masked in such manner as to conceal his identity; or
7		(10) Carries or possesses on or about his person, upon
8		any public street, alley, or other public lands within the
9		corporate limits of a city, village or incorporated town,
10		except when an invitee thereon or therein, for the purpose
11		of the display of such weapon or the lawful commerce in
12		weapons, or except when on his land or in his own abode,
13		legal dwelling, or fixed place of business, or on the land
14		or in the legal dwelling of another person as an invitee
15		with that person's permission, any pistol, revolver, stun
16		gun or taser or other firearm, except that this subsection
17		(a) (10) does not apply to or affect transportation of
18		weapons that meet one of the following conditions:
19		(i) are broken down in a non-functioning state; or
20		(ii) are not immediately accessible; or
21		(iii) are unloaded and enclosed in a case, firearm
22		carrying box, shipping box, or other container by a
23		person who has been issued a currently valid Firearm
24		Owner's Identification Card; or
25		(iv) are carried or possessed in accordance with
26		the Firearm Concealed Carry Act by a person who has

HB1468AVM001 - 42 - LRB100 03292 RLC 40115 v
1		been issued a currently valid license under the Firearm
2		Concealed Carry Act.
3		A "stun gun or taser", as used in this paragraph (a)
4		means (i) any device which is powered by electrical
5		charging units, such as, batteries, and which fires one or
6		several barbs attached to a length of wire and which, upon
7		hitting a human, can send out a current capable of
8		disrupting the person's nervous system in such a manner as
9		to render him incapable of normal functioning or (ii) any
10		device which is powered by electrical charging units, such
11		as batteries, and which, upon contact with a human or
12		clothing worn by a human, can send out current capable of
13		disrupting the person's nervous system in such a manner as
14		to render him incapable of normal functioning; or
15		(11) Sells, manufactures or purchases any explosive
16		bullet. For purposes of this paragraph (a) "explosive
17		bullet" means the projectile portion of an ammunition
18		cartridge which contains or carries an explosive charge
19		which will explode upon contact with the flesh of a human
20		or an animal. "Cartridge" means a tubular metal case having
21		a projectile affixed at the front thereof and a cap or
22		primer at the rear end thereof, with the propellant
23		contained in such tube between the projectile and the cap;
24		or
25		(12) (Blank); or
26		(13) Carries or possesses on or about his or her person

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1		while in a building occupied by a unit of government, a
2		billy club, other weapon of like character, or other
3		instrument of like character intended for use as a weapon.
4		For the purposes of this Section, "billy club" means a
5		short stick or club commonly carried by police officers
6		which is either telescopic or constructed of a solid piece
7		of wood or other man-made material.
8		(b) Sentence. A person convicted of a violation of
9		subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
10		subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
11		Class A misdemeanor. A person convicted of a violation of
12		subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
13		person convicted of a violation of subsection 24-1(a)(6) or
14		24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
15		convicted of a violation of subsection 24-1(a)(7)(i) or
16		24-1(a)(7)(i-5) commits a Class 2 felony and shall be sentenced
17		to a term of imprisonment of not less than 3 years and not more
18		than 7 years, unless the weapon or device is possessed in the
19		passenger compartment of a motor vehicle as defined in Section
20		1-146 of the Illinois Vehicle Code, or on the person, while the
21		weapon is loaded or the device is attached to the loaded
22		weapon, in which case it shall be a Class X felony. A person
23		convicted of a second or subsequent violation of subsection
24		24-1(a)(4), 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a
25		Class 3 felony. The possession of each weapon or device in
26		violation of this Section constitutes a single and separate

HB1468AVM001 - 44 - LRB100 03292 RLC 40115 v
1		violation.
2		(c) Violations in specific places.
3		(1) A person who violates subsection 24-1(a)(6) or
4		24-1(a)(7) in any school, regardless of the time of day or
5		the time of year, in residential property owned, operated
6		or managed by a public housing agency or leased by a public
7		housing agency as part of a scattered site or mixed-income
8		development, in a public park, in a courthouse, on the real
9		property comprising any school, regardless of the time of
10		day or the time of year, on residential property owned,
11		operated or managed by a public housing agency or leased by
12		a public housing agency as part of a scattered site or
13		mixed-income development, on the real property comprising
14		any public park, on the real property comprising any
15		courthouse, in any conveyance owned, leased or contracted
16		by a school to transport students to or from school or a
17		school related activity, in any conveyance owned, leased,
18		or contracted by a public transportation agency, or on any
19		public way within 1,000 feet of the real property
20		comprising any school, public park, courthouse, public
21		transportation facility, or residential property owned,
22		operated, or managed by a public housing agency or leased
23		by a public housing agency as part of a scattered site or
24		mixed-income development commits a Class 2 felony and shall
25		be sentenced to a term of imprisonment of not less than 3
26		years and not more than 7 years.

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1		(1.5) A person who violates subsection 24-1(a)(4),
2		24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
3		time of day or the time of year, in residential property
4		owned, operated, or managed by a public housing agency or
5		leased by a public housing agency as part of a scattered
6		site or mixed-income development, in a public park, in a
7		courthouse, on the real property comprising any school,
8		regardless of the time of day or the time of year, on
9		residential property owned, operated, or managed by a
10		public housing agency or leased by a public housing agency
11		as part of a scattered site or mixed-income development, on
12		the real property comprising any public park, on the real
13		property comprising any courthouse, in any conveyance
14		owned, leased, or contracted by a school to transport
15		students to or from school or a school related activity, in
16		any conveyance owned, leased, or contracted by a public
17		transportation agency, or on any public way within 1,000
18		feet of the real property comprising any school, public
19		park, courthouse, public transportation facility, or
20		residential property owned, operated, or managed by a
21		public housing agency or leased by a public housing agency
22		as part of a scattered site or mixed-income development
23		commits a Class 3 felony.
24		(2) A person who violates subsection 24-1(a)(1),
25		24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
26		time of day or the time of year, in residential property

HB1468AVM001 - 46 - LRB100 03292 RLC 40115 v
1		owned, operated or managed by a public housing agency or
2		leased by a public housing agency as part of a scattered
3		site or mixed-income development, in a public park, in a
4		courthouse, on the real property comprising any school,
5		regardless of the time of day or the time of year, on
6		residential property owned, operated or managed by a public
7		housing agency or leased by a public housing agency as part
8		of a scattered site or mixed-income development, on the
9		real property comprising any public park, on the real
10		property comprising any courthouse, in any conveyance
11		owned, leased or contracted by a school to transport
12		students to or from school or a school related activity, in
13		any conveyance owned, leased, or contracted by a public
14		transportation agency, or on any public way within 1,000
15		feet of the real property comprising any school, public
16		park, courthouse, public transportation facility, or
17		residential property owned, operated, or managed by a
18		public housing agency or leased by a public housing agency
19		as part of a scattered site or mixed-income development
20		commits a Class 4 felony. "Courthouse" means any building
21		that is used by the Circuit, Appellate, or Supreme Court of
22		this State for the conduct of official business.
23		(3) Paragraphs (1), (1.5), and (2) of this subsection
24		(c) shall not apply to law enforcement officers or security
25		officers of such school, college, or university or to
26		students carrying or possessing firearms for use in

HB1468AVM001 - 47 - LRB100 03292 RLC 40115 v
1		training courses, parades, hunting, target shooting on
2		school ranges, or otherwise with the consent of school
3		authorities and which firearms are transported unloaded
4		enclosed in a suitable case, box, or transportation
5		package.
6		(4) For the purposes of this subsection (c), "school"
7		means any public or private elementary or secondary school,
8		community college, college, or university.
9		(5) For the purposes of this subsection (c), "public
10		transportation agency" means a public or private agency
11		that provides for the transportation or conveyance of
12		persons by means available to the general public, except
13		for transportation by automobiles not used for conveyance
14		of the general public as passengers; and "public
15		transportation facility" means a terminal or other place
16		where one may obtain public transportation.
17		(d) The presence in an automobile other than a public
18		omnibus of any weapon, instrument or substance referred to in
19		subsection (a)(7) is prima facie evidence that it is in the
20		possession of, and is being carried by, all persons occupying
21		such automobile at the time such weapon, instrument or
22		substance is found, except under the following circumstances:
23		(i) if such weapon, instrument or instrumentality is found upon
24		the person of one of the occupants therein; or (ii) if such
25		weapon, instrument or substance is found in an automobile
26		operated for hire by a duly licensed driver in the due, lawful

HB1468AVM001 - 48 - LRB100 03292 RLC 40115 v
1		and proper pursuit of his trade, then such presumption shall
2		not apply to the driver.
3		(e) Exemptions.
4		(1) Crossbows, Common or Compound bows and Underwater
5		Spearguns are exempted from the definition of ballistic
6		knife as defined in paragraph (1) of subsection (a) of this
7		Section.
8		(2) The provision of paragraph (1) of subsection (a) of
9		this Section prohibiting the sale, manufacture, purchase,
10		possession, or carrying of any knife, commonly referred to
11		as a switchblade knife, which has a blade that opens
12		automatically by hand pressure applied to a button, spring
13		or other device in the handle of the knife, does not apply
14		to a person who possesses a currently valid Firearm Owner's
15		Identification Card previously issued in his or her name by
16		the Department of State Police or to a person or an entity
17		engaged in the business of selling or manufacturing
18		switchblade knives.
19		(Source: P.A. 99-29, eff. 7-10-15; 100-82, eff. 8-11-17.)"; and
20		by deleting line 6 on page 1 through line 21 on page 3; and
21		on page 5, by replacing lines 2 through 11 with the following:
22		"(g) Delivers any firearm of a size which may be concealed
23		upon the person, incidental to a sale, without withholding
24		delivery of the such firearm for at least 72 hours after

HB1468AVM001 - 49 - LRB100 03292 RLC 40115 v
1		application for its purchase has been made, or delivers any
2		rifle, shotgun or other long gun, or a stun gun or taser,
3		incidental to a sale, without withholding delivery of the such
4		rifle, shotgun or other long gun, or a stun gun or taser for at
5		least 24 hours after application for its purchase has been
6		made. However, this paragraph (g) does"; and
7		on page 5, by replacing lines 23 and 24 with "Illinois; (3) the
8		sale of a firearm to a nonresident of Illinois while at a"; and
9		on page 15, immediately after line 5, by inserting the
10		following:
11		"Section 10-25. The Code of Criminal Procedure of 1963 is
12		amended by changing Sections 114-15, 119-1, and 122-2.2 as
13		follows:
14		(725 ILCS 5/114-15)
15		Sec. 114-15. Intellectual disability.
16		(a) In a first degree murder case in which the State seeks
17		the death penalty as an appropriate sentence or in a death
18		penalty murder case, any party may raise the issue of the
19		defendant's intellectual disabilities by motion. A defendant
20		wishing to raise the issue of his or her intellectual
21		disabilities shall provide written notice to the State and the
22		court as soon as the defendant reasonably believes such issue

HB1468AVM001 - 50 - LRB100 03292 RLC 40115 v
1		will be raised.
2		(b) The issue of the defendant's intellectual disabilities
3		shall be determined in a pretrial hearing. The court shall be
4		the fact finder on the issue of the defendant's intellectual
5		disabilities and shall determine the issue by a preponderance
6		of evidence in which the moving party has the burden of proof.
7		The court may appoint an expert in the field of intellectual
8		disabilities. The defendant and the State may offer experts
9		from the field of intellectual disabilities. The court shall
10		determine admissibility of evidence and qualification as an
11		expert.
12		(c) If after a plea of guilty to first degree murder or
13		death penalty murder, or a finding of guilty of first degree
14		murder or death penalty murder in a bench trial, or a verdict
15		of guilty for first degree murder or death penalty murder in a
16		jury trial, or on a matter remanded from the Supreme Court for
17		sentencing for first degree murder or death penalty murder, and
18		the State seeks the death penalty as an appropriate sentence,
19		the defendant may raise the issue of defendant's intellectual
20		disabilities not at eligibility but at aggravation and
21		mitigation. The defendant and the State may offer experts from
22		the field of intellectual disabilities. The court shall
23		determine admissibility of evidence and qualification as an
24		expert.
25		(d) In determining whether the defendant is a person with
26		an intellectual disability, the intellectual disability must

HB1468AVM001 - 51 - LRB100 03292 RLC 40115 v
1		have manifested itself by the age of 18. IQ tests and
2		psychometric tests administered to the defendant must be the
3		kind and type recognized by experts in the field of
4		intellectual disabilities. In order for the defendant to be
5		considered a person with an intellectual disability, a low IQ
6		must be accompanied by significant deficits in adaptive
7		behavior in at least 2 of the following skill areas:
8		communication, self-care, social or interpersonal skills, home
9		living, self-direction, academics, health and safety, use of
10		community resources, and work. An intelligence quotient (IQ) of
11		75 or below is presumptive evidence of an intellectual
12		disability.
13		(e) Evidence of an intellectual disability that did not
14		result in disqualifying the case as a capital case, may be
15		introduced as evidence in mitigation during a capital
16		sentencing hearing. A failure of the court to determine that
17		the defendant is a person with an intellectual disability does
18		not preclude the court during trial from allowing evidence
19		relating to mental disability should the court deem it
20		appropriate.
21		(f) If the court determines at a pretrial hearing or after
22		remand that a capital defendant is a person with an
23		intellectual disability, and the State does not appeal pursuant
24		to Supreme Court Rule 604, the case shall no longer be
25		considered a capital case and the procedural guidelines
26		established for capital cases shall no longer be applicable to

HB1468AVM001 - 52 - LRB100 03292 RLC 40115 v
1		the defendant. In that case, the defendant shall be sentenced
2		under the sentencing provisions of Chapter V of the Unified
3		Code of Corrections.
4		(Source: P.A. 99-143, eff. 7-27-15.)
5		(725 ILCS 5/119-1)
6		Sec. 119-1. Death penalty abolished.
7		(a) Except as otherwise provided in subsection (a-5) of
8		this Section, beginning Beginning on the effective date of this
9		amendatory Act of the 96th General Assembly, notwithstanding
10		any other law to the contrary, the death penalty is abolished
11		and a sentence to death may not be imposed.
12		(a-5) A sentence of death shall be imposed for death
13		penalty murder.
14		(b) All unobligated and unexpended moneys remaining in the
15		Capital Litigation Trust Fund on the effective date of this
16		amendatory Act of the 96th General Assembly shall be
17		transferred into the Death Penalty Abolition Fund, a special
18		fund in the State treasury, to be expended by the Illinois
19		Criminal Justice Information Authority, for services for
20		families of victims of homicide or murder and for training of
21		law enforcement personnel.
22		(Source: P.A. 96-1543, eff. 7-1-11.)
23		(725 ILCS 5/122-2.2)
24		Sec. 122-2.2. Intellectual disability and post-conviction

HB1468AVM001 - 53 - LRB100 03292 RLC 40115 v
1		relief.
2		(a) In cases where no determination of an intellectual
3		disability was made and a defendant has been convicted of
4		first-degree murder or death penalty murder, sentenced to
5		death, and is in custody pending execution of the sentence of
6		death, the following procedures shall apply:
7		(1) Notwithstanding any other provision of law or rule
8		of court, a defendant may seek relief from the death
9		sentence through a petition for post-conviction relief
10		under this Article alleging that the defendant was a person
11		with an intellectual disability as defined in Section
12		114-15 at the time the offense was alleged to have been
13		committed.
14		(2) The petition must be filed within 180 days of the
15		effective date of this amendatory Act of the 93rd General
16		Assembly or within 180 days of the issuance of the mandate
17		by the Illinois Supreme Court setting the date of
18		execution, whichever is later.
19		(b) All other provisions of this Article governing
20		petitions for post-conviction relief shall apply to a petition
21		for post-conviction relief alleging an intellectual
22		disability.
23		(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15.)
24		(725 ILCS 165/Act rep.)

HB1468AVM001 - 54 - LRB100 03292 RLC 40115 v
1		Section 10-30. The Firearm Seizure Act is repealed.
2		Section 10-35. The Unified Code of Corrections is amended
3		by changing Section 5-4.5-10 and by adding Section 5-4.5-20.5
4		as follows:
5		(730 ILCS 5/5-4.5-10)
6		Sec. 5-4.5-10. OFFENSE CLASSIFICATIONS.
7		(a) FELONY CLASSIFICATIONS. Felonies are classified, for
8		the purpose of sentencing, as follows:
9		(1) First degree murder (as a separate class of
10		felony).
11		(1.5) Death penalty murder (as a separate class of
12		felony).
13		(2) Class X felonies.
14		(3) Class 1 felonies.
15		(4) Class 2 felonies.
16		(5) Class 3 felonies.
17		(6) Class 4 felonies.
18		(b) MISDEMEANOR CLASSIFICATIONS. Misdemeanors are
19		classified, for the purpose of sentencing, as follows:
20		(1) Class A misdemeanors.
21		(2) Class B misdemeanors.
22		(3) Class C misdemeanors.
23		(c) PETTY AND BUSINESS OFFENSES. Petty offenses and
24		business offenses are not classified.

HB1468AVM001 - 55 - LRB100 03292 RLC 40115 v
1		(Source: P.A. 95-1052, eff. 7-1-09.)
2		(730 ILCS 5/5-4.5-20.5 new)
3		Sec. 5-4.5-20.5. DEATH PENALTY MURDER; SENTENCE. For death
4		penalty murder, the defendant shall be sentenced to death,
5		unless the trial judge finds that the defendant has, by a
6		preponderance of the evidence, presented sufficiently
7		substantial evidence to outweigh the circumstances of the
8		offense and the evidence presented by the prosecution at the
9		sentencing hearing, in which case the judge shall sentence the
10		defendant to life imprisonment without the possibility of
11		parole.
12		Article 999. Effective Date."; and
13		on page 15, by replacing lines 6 through 7 with the following: