102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB2882

Introduced , by Rep. Adam Niemerg

SYNOPSIS AS INTRODUCED:

`5 ILCS 120/2`	`from Ch. 102, par. 42`
`5 ILCS 140/7.5`
`15 ILCS 305/13.5 rep.`
`20 ILCS 2605/2605-300`	`was 20 ILCS 2605/55a in part`
`20 ILCS 2605/2605-595`
`30 ILCS 105/6z-99`
`235 ILCS 5/10-1`	`from Ch. 43, par. 183`
`430 ILCS 65/2`	`from Ch. 38, par. 83-2`
`430 ILCS 65/3`	`from Ch. 38, par. 83-3`
`430 ILCS 65/13.1`	`from Ch. 38, par. 83-13.1`
`430 ILCS 66/Act rep.`
`720 ILCS 5/24-1`	`from Ch. 38, par. 24-1`
`720 ILCS 5/24-1.6`
`720 ILCS 5/24-2`
`720 ILCS 5/24-3`	`from Ch. 38, par. 24-3`
`730 ILCS 5/5-6-1`	`from Ch. 38, par. 1005-6-1`

Repeals the Firearm Concealed Carry Act. Amends the Criminal Code of 2012. Provides that the unlawful use of weapons and aggravated unlawful

use of a weapon statutes do not apply to
or affect any person carrying a

concealed pistol, revolver, or handgun and the person has been issued a currently valid Firearm Owner's Identification Card under the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes.

LRB102 12391 RLC 17728 b

A BILL FOR

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1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Open Meetings Act is amended by changing

5 Section 2 as follows:

6 (5 ILCS 120/2) (from Ch. 102, par. 42)

7 Sec. 2. Open meetings.

8 (a) Openness required. All meetings of public bodies shall

9 be open to the public unless excepted in subsection (c) and

10 closed in accordance with Section 2a.

11 (b) Construction of exceptions. The exceptions contained

12 in subsection (c) are in derogation of the requirement that

13 public bodies meet in the open, and therefore, the exceptions

14 are to be strictly construed, extending only to subjects

15 clearly within their scope. The exceptions authorize but do

16 not require the holding of a closed meeting to discuss a

17 subject included within an enumerated exception.

18 (c) Exceptions. A public body may hold closed meetings to

19 consider the following subjects:

20 (1) The appointment, employment, compensation,

21 discipline, performance, or dismissal of specific

22 employees, specific individuals who serve as independent

23 contractors in a park, recreational, or educational

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1 setting, or specific volunteers of the public body or

2 legal counsel for the public body, including hearing

3 testimony on a complaint lodged against an employee, a

4 specific individual who serves as an independent

5 contractor in a park, recreational, or educational

6 setting, or a volunteer of the public body or against

7 legal counsel for the public body to determine its

8 validity. However, a meeting to consider an increase in

9 compensation to a specific employee of a public body that

10 is subject to the Local Government Wage Increase

11 Transparency Act may not be closed and shall be open to the

12 public and posted and held in accordance with this Act.

13 (2) Collective negotiating matters between the public

14 body and its employees or their representatives, or

15 deliberations concerning salary schedules for one or more

16 classes of employees.

17 (3) The selection of a person to fill a public office,

18 as defined in this Act, including a vacancy in a public

19 office, when the public body is given power to appoint

20 under law or ordinance, or the discipline, performance or

21 removal of the occupant of a public office, when the

22 public body is given power to remove the occupant under

23 law or ordinance.

24 (4) Evidence or testimony presented in open hearing,

25 or in closed hearing where specifically authorized by law,

26 to a quasi-adjudicative body, as defined in this Act,

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1 provided that the body prepares and makes available for

2 public inspection a written decision setting forth its

3 determinative reasoning.

4 (5) The purchase or lease of real property for the use

5 of the public body, including meetings held for the

6 purpose of discussing whether a particular parcel should

7 be acquired.

8 (6) The setting of a price for sale or lease of

9 property owned by the public body.

10 (7) The sale or purchase of securities, investments,

11 or investment contracts. This exception shall not apply to

12 the investment of assets or income of funds deposited into

13 the Illinois Prepaid Tuition Trust Fund.

14 (8) Security procedures, school building safety and

15 security, and the use of personnel and equipment to

16 respond to an actual, a threatened, or a reasonably

17 potential danger to the safety of employees, students,

18 staff, the public, or public property.

19 (9) Student disciplinary cases.

20 (10) The placement of individual students in special

21 education programs and other matters relating to

22 individual students.

23 (11) Litigation, when an action against, affecting or

24 on behalf of the particular public body has been filed and

25 is pending before a court or administrative tribunal, or

26 when the public body finds that an action is probable or

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1 imminent, in which case the basis for the finding shall be

2 recorded and entered into the minutes of the closed

3 meeting.

4 (12) The establishment of reserves or settlement of

5 claims as provided in the Local Governmental and

6 Governmental Employees Tort Immunity Act, if otherwise the

7 disposition of a claim or potential claim might be

8 prejudiced, or the review or discussion of claims, loss or

9 risk management information, records, data, advice or

10 communications from or with respect to any insurer of the

11 public body or any intergovernmental risk management

12 association or self insurance pool of which the public

13 body is a member.

14 (13) Conciliation of complaints of discrimination in

15 the sale or rental of housing, when closed meetings are

16 authorized by the law or ordinance prescribing fair

17 housing practices and creating a commission or

18 administrative agency for their enforcement.

19 (14) Informant sources, the hiring or assignment of

20 undercover personnel or equipment, or ongoing, prior or

21 future criminal investigations, when discussed by a public

22 body with criminal investigatory responsibilities.

23 (15) Professional ethics or performance when

24 considered by an advisory body appointed to advise a

25 licensing or regulatory agency on matters germane to the

26 advisory body's field of competence.

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1 (16) Self evaluation, practices and procedures or

2 professional ethics, when meeting with a representative of

3 a statewide association of which the public body is a

4 member.

5 (17) The recruitment, credentialing, discipline or

6 formal peer review of physicians or other health care

7 professionals, or for the discussion of matters protected

8 under the federal Patient Safety and Quality Improvement

9 Act of 2005, and the regulations promulgated thereunder,

10 including 42 C.F.R. Part 3 (73 FR 70732), or the federal

11 Health Insurance Portability and Accountability Act of

12 1996, and the regulations promulgated thereunder,

13 including 45 C.F.R. Parts 160, 162, and 164, by a

14 hospital, or other institution providing medical care,

15 that is operated by the public body.

16 (18) Deliberations for decisions of the Prisoner

17 Review Board.

18 (19) Review or discussion of applications received

19 under the Experimental Organ Transplantation Procedures

20 Act.

21 (20) The classification and discussion of matters

22 classified as confidential or continued confidential by

23 the State Government Suggestion Award Board.

24 (21) Discussion of minutes of meetings lawfully closed

25 under this Act, whether for purposes of approval by the

26 body of the minutes or semi-annual review of the minutes

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1 as mandated by Section 2.06.

2 (22) Deliberations for decisions of the State

3 Emergency Medical Services Disciplinary Review Board.

4 (23) The operation by a municipality of a municipal

5 utility or the operation of a municipal power agency or

6 municipal natural gas agency when the discussion involves

7 (i) contracts relating to the purchase, sale, or delivery

8 of electricity or natural gas or (ii) the results or

9 conclusions of load forecast studies.

10 (24) Meetings of a residential health care facility

11 resident sexual assault and death review team or the

12 Executive Council under the Abuse Prevention Review Team

13 Act.

14 (25) Meetings of an independent team of experts under

15 Brian's Law.

16 (26) Meetings of a mortality review team appointed

17 under the Department of Juvenile Justice Mortality Review

18 Team Act.

19 (27) (Blank).

20 (28) Correspondence and records (i) that may not be

21 disclosed under Section 11-9 of the Illinois Public Aid

22 Code or (ii) that pertain to appeals under Section 11-8 of

23 the Illinois Public Aid Code.

24 (29) Meetings between internal or external auditors

25 and governmental audit committees, finance committees, and

26 their equivalents, when the discussion involves internal

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1 control weaknesses, identification of potential fraud risk

2 areas, known or suspected frauds, and fraud interviews

3 conducted in accordance with generally accepted auditing

4 standards of the United States of America.

5 (30) Those meetings or portions of meetings of a

6 fatality review team or the Illinois Fatality Review Team

7 Advisory Council during which a review of the death of an

8 eligible adult in which abuse or neglect is suspected,

9 alleged, or substantiated is conducted pursuant to Section

10 15 of the Adult Protective Services Act.

11 (31) (Blank). ~~Meetings and deliberations for decisions~~

12 ~~of the Concealed Carry Licensing Review Board under the~~

13 ~~Firearm Concealed Carry Act.~~

14 (32) Meetings between the Regional Transportation

15 Authority Board and its Service Boards when the discussion

16 involves review by the Regional Transportation Authority

17 Board of employment contracts under Section 28d of the

18 Metropolitan Transit Authority Act and Sections 3A.18 and

19 3B.26 of the Regional Transportation Authority Act.

20 (33) Those meetings or portions of meetings of the

21 advisory committee and peer review subcommittee created

22 under Section 320 of the Illinois Controlled Substances

23 Act during which specific controlled substance prescriber,

24 dispenser, or patient information is discussed.

25 (34) Meetings of the Tax Increment Financing Reform

26 Task Force under Section 2505-800 of the Department of

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1 Revenue Law of the Civil Administrative Code of Illinois.

2 (35) Meetings of the group established to discuss

3 Medicaid capitation rates under Section 5-30.8 of the

4 Illinois Public Aid Code.

5 (36) Those deliberations or portions of deliberations

6 for decisions of the Illinois Gaming Board in which there

7 is discussed any of the following: (i) personal,

8 commercial, financial, or other information obtained from

9 any source that is privileged, proprietary, confidential,

10 or a trade secret; or (ii) information specifically

11 exempted from the disclosure by federal or State law.

12 (d) Definitions. For purposes of this Section:

13 "Employee" means a person employed by a public body whose

14 relationship with the public body constitutes an

15 employer-employee relationship under the usual common law

16 rules, and who is not an independent contractor.

17 "Public office" means a position created by or under the

18 Constitution or laws of this State, the occupant of which is

19 charged with the exercise of some portion of the sovereign

20 power of this State. The term "public office" shall include

21 members of the public body, but it shall not include

22 organizational positions filled by members thereof, whether

23 established by law or by a public body itself, that exist to

24 assist the body in the conduct of its business.

25 "Quasi-adjudicative body" means an administrative body

26 charged by law or ordinance with the responsibility to conduct

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1 hearings, receive evidence or testimony and make

2 determinations based thereon, but does not include local

3 electoral boards when such bodies are considering petition

4 challenges.

5 (e) Final action. No final action may be taken at a closed

6 meeting. Final action shall be preceded by a public recital of

7 the nature of the matter being considered and other

8 information that will inform the public of the business being

9 conducted.

10 (Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;

11 100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.

12 8-23-19; revised 9-27-19.)

13 Section 10. The Freedom of Information Act is amended by

14 changing Section 7.5 as follows:

15 (5 ILCS 140/7.5)

16 Sec. 7.5. Statutory exemptions. To the extent provided for

17 by the statutes referenced below, the following shall be

18 exempt from inspection and copying:

19 (a) All information determined to be confidential

20 under Section 4002 of the Technology Advancement and

21 Development Act.

22 (b) Library circulation and order records identifying

23 library users with specific materials under the Library

24 Records Confidentiality Act.

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1 (c) Applications, related documents, and medical

2 records received by the Experimental Organ Transplantation

3 Procedures Board and any and all documents or other

4 records prepared by the Experimental Organ Transplantation

5 Procedures Board or its staff relating to applications it

6 has received.

7 (d) Information and records held by the Department of

8 Public Health and its authorized representatives relating

9 to known or suspected cases of sexually transmissible

10 disease or any information the disclosure of which is

11 restricted under the Illinois Sexually Transmissible

12 Disease Control Act.

13 (e) Information the disclosure of which is exempted

14 under Section 30 of the Radon Industry Licensing Act.

15 (f) Firm performance evaluations under Section 55 of

16 the Architectural, Engineering, and Land Surveying

17 Qualifications Based Selection Act.

18 (g) Information the disclosure of which is restricted

19 and exempted under Section 50 of the Illinois Prepaid

20 Tuition Act.

21 (h) Information the disclosure of which is exempted

22 under the State Officials and Employees Ethics Act, and

23 records of any lawfully created State or local inspector

24 general's office that would be exempt if created or

25 obtained by an Executive Inspector General's office under

26 that Act.

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1 (i) Information contained in a local emergency energy

2 plan submitted to a municipality in accordance with a

3 local emergency energy plan ordinance that is adopted

4 under Section 11-21.5-5 of the Illinois Municipal Code.

5 (j) Information and data concerning the distribution

6 of surcharge moneys collected and remitted by carriers

7 under the Emergency Telephone System Act.

8 (k) Law enforcement officer identification information

9 or driver identification information compiled by a law

10 enforcement agency or the Department of Transportation

11 under Section 11-212 of the Illinois Vehicle Code.

12 (l) Records and information provided to a residential

13 health care facility resident sexual assault and death

14 review team or the Executive Council under the Abuse

15 Prevention Review Team Act.

16 (m) Information provided to the predatory lending

17 database created pursuant to Article 3 of the Residential

18 Real Property Disclosure Act, except to the extent

19 authorized under that Article.

20 (n) Defense budgets and petitions for certification of

21 compensation and expenses for court appointed trial

22 counsel as provided under Sections 10 and 15 of the

23 Capital Crimes Litigation Act. This subsection (n) shall

24 apply until the conclusion of the trial of the case, even

25 if the prosecution chooses not to pursue the death penalty

26 prior to trial or sentencing.

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1 (o) Information that is prohibited from being

2 disclosed under Section 4 of the Illinois Health and

3 Hazardous Substances Registry Act.

4 (p) Security portions of system safety program plans,

5 investigation reports, surveys, schedules, lists, data, or

6 information compiled, collected, or prepared by or for the

7 Regional Transportation Authority under Section 2.11 of

8 the Regional Transportation Authority Act or the St. Clair

9 County Transit District under the Bi-State Transit Safety

10 Act.

11 (q) Information prohibited from being disclosed by the

12 Personnel Record Review Act.

13 (r) Information prohibited from being disclosed by the

14 Illinois School Student Records Act.

15 (s) Information the disclosure of which is restricted

16 under Section 5-108 of the Public Utilities Act.

17 (t) All identified or deidentified health information

18 in the form of health data or medical records contained

19 in, stored in, submitted to, transferred by, or released

20 from the Illinois Health Information Exchange, and

21 identified or deidentified health information in the form

22 of health data and medical records of the Illinois Health

23 Information Exchange in the possession of the Illinois

24 Health Information Exchange Authority due to its

25 administration of the Illinois Health Information

26 Exchange. The terms "identified" and "deidentified" shall

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1 be given the same meaning as in the Health Insurance

2 Portability and Accountability Act of 1996, Public Law

3 104-191, or any subsequent amendments thereto, and any

4 regulations promulgated thereunder.

5 (u) Records and information provided to an independent

6 team of experts under the Developmental Disability and

7 Mental Health Safety Act (also known as Brian's Law).

8 (v) Names and information of people who have applied

9 for or received Firearm Owner's Identification Cards under

10 the Firearm Owners Identification Card Act ~~or applied for~~

11 ~~or received a concealed carry license under the Firearm~~

12 ~~Concealed Carry Act, unless otherwise authorized by the~~

13 ~~Firearm Concealed Carry Act; and databases under the~~

14 ~~Firearm Concealed Carry Act, records of the Concealed~~

15 ~~Carry Licensing Review Board under the Firearm Concealed~~

16 ~~Carry Act, and law enforcement agency objections under the~~

17 ~~Firearm Concealed Carry Act~~.

18 (w) Personally identifiable information which is

19 exempted from disclosure under subsection (g) of Section

20 19.1 of the Toll Highway Act.

21 (x) Information which is exempted from disclosure

22 under Section 5-1014.3 of the Counties Code or Section

23 8-11-21 of the Illinois Municipal Code.

24 (y) Confidential information under the Adult

25 Protective Services Act and its predecessor enabling

26 statute, the Elder Abuse and Neglect Act, including

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1 information about the identity and administrative finding

2 against any caregiver of a verified and substantiated

3 decision of abuse, neglect, or financial exploitation of

4 an eligible adult maintained in the Registry established

5 under Section 7.5 of the Adult Protective Services Act.

6 (z) Records and information provided to a fatality

7 review team or the Illinois Fatality Review Team Advisory

8 Council under Section 15 of the Adult Protective Services

9 Act.

10 (aa) Information which is exempted from disclosure

11 under Section 2.37 of the Wildlife Code.

12 (bb) Information which is or was prohibited from

13 disclosure by the Juvenile Court Act of 1987.

14 (cc) Recordings made under the Law Enforcement

15 Officer-Worn Body Camera Act, except to the extent

16 authorized under that Act.

17 (dd) Information that is prohibited from being

18 disclosed under Section 45 of the Condominium and Common

19 Interest Community Ombudsperson Act.

20 (ee) Information that is exempted from disclosure

21 under Section 30.1 of the Pharmacy Practice Act.

22 (ff) Information that is exempted from disclosure

23 under the Revised Uniform Unclaimed Property Act.

24 (gg) Information that is prohibited from being

25 disclosed under Section 7-603.5 of the Illinois Vehicle

26 Code.

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1 (hh) Records that are exempt from disclosure under

2 Section 1A-16.7 of the Election Code.

3 (ii) Information which is exempted from disclosure

4 under Section 2505-800 of the Department of Revenue Law of

5 the Civil Administrative Code of Illinois.

6 (jj) Information and reports that are required to be

7 submitted to the Department of Labor by registering day

8 and temporary labor service agencies but are exempt from

9 disclosure under subsection (a-1) of Section 45 of the Day

10 and Temporary Labor Services Act.

11 (kk) Information prohibited from disclosure under the

12 Seizure and Forfeiture Reporting Act.

13 (ll) Information the disclosure of which is restricted

14 and exempted under Section 5-30.8 of the Illinois Public

15 Aid Code.

16 (mm) Records that are exempt from disclosure under

17 Section 4.2 of the Crime Victims Compensation Act.

18 (nn) Information that is exempt from disclosure under

19 Section 70 of the Higher Education Student Assistance Act.

20 (oo) Communications, notes, records, and reports

21 arising out of a peer support counseling session

22 prohibited from disclosure under the First Responders

23 Suicide Prevention Act.

24 (pp) Names and all identifying information relating to

25 an employee of an emergency services provider or law

26 enforcement agency under the First Responders Suicide

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1 Prevention Act.

2 (qq) Information and records held by the Department of

3 Public Health and its authorized representatives collected

4 under the Reproductive Health Act.

5 (rr) Information that is exempt from disclosure under

6 the Cannabis Regulation and Tax Act.

7 (ss) Data reported by an employer to the Department of

8 Human Rights pursuant to Section 2-108 of the Illinois

9 Human Rights Act.

10 (tt) Recordings made under the Children's Advocacy

11 Center Act, except to the extent authorized under that

12 Act.

13 (uu) Information that is exempt from disclosure under

14 Section 50 of the Sexual Assault Evidence Submission Act.

15 (vv) Information that is exempt from disclosure under

16 subsections (f) and (j) of Section 5-36 of the Illinois

17 Public Aid Code.

18 (ww) Information that is exempt from disclosure under

19 Section 16.8 of the State Treasurer Act.

20 (xx) Information that is exempt from disclosure or

21 information that shall not be made public under the

22 Illinois Insurance Code.

23 (yy) ~~(oo)~~ Information prohibited from being disclosed

24 under the Illinois Educational Labor Relations Act.

25 (zz) ~~(pp)~~ Information prohibited from being disclosed

26 under the Illinois Public Labor Relations Act.

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1 (aaa) ~~(qq)~~ Information prohibited from being disclosed

2 under Section 1-167 of the Illinois Pension Code.

3 (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;

4 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.

5 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,

6 eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;

7 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.

8 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,

9 eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;

10 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.

11 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; revised

12 1-6-20.)

13 (15 ILCS 305/13.5 rep.)

14 Section 15. The Secretary of State Act is amended by

15 repealing Section 13.5.

16 Section 20. The Department of State Police Law of the

17 Civil Administrative Code of Illinois is amended by changing

18 Sections 2605-300 and 2605-595 as follows:

19 (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)

20 Sec. 2605-300. Records; crime laboratories; personnel. To

21 do the following:

22 (1) Be a central repository and custodian of criminal

23 statistics for the State.

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1 (2) Be a central repository for criminal history

2 record information.

3 (3) Procure and file for record information that is

4 necessary and helpful to plan programs of crime

5 prevention, law enforcement, and criminal justice.

6 (4) Procure and file for record copies of fingerprints

7 that may be required by law.

8 (5) Establish general and field crime laboratories.

9 (6) Register and file for record information that may

10 be required by law for the issuance of firearm owner's

11 identification cards under the Firearm Owners

12 Identification Card Act ~~and concealed carry licenses under~~

13 ~~the Firearm Concealed Carry Act~~.

14 (7) Employ laboratory technicians and other specially

15 qualified persons to aid in the identification of criminal

16 activity, and may employ polygraph operators.

17 (8) Undertake other identification, information,

18 laboratory, statistical, or registration activities that

19 may be required by law.

20 (Source: P.A. 98-63, eff. 7-9-13; 99-801, eff. 1-1-17.)

21 (20 ILCS 2605/2605-595)

22 Sec. 2605-595. State Police Firearm Services Fund.

23 (a) There is created in the State treasury a special fund

24 known as the State Police Firearm Services Fund. The Fund

25 shall receive revenue under ~~the Firearm Concealed Carry Act~~

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1 ~~and~~ Section 5 of the Firearm Owners Identification Card Act.

2 The Fund may also receive revenue from grants, pass-through

3 grants, donations, appropriations, and any other legal source.

4 (b) The Department of State Police may use moneys in the

5 Fund to finance any of its lawful purposes, mandates,

6 functions, and duties under the Firearm Owners Identification

7 Card Act ~~and the Firearm Concealed Carry Act~~, including the

8 cost of sending notices of expiration of Firearm Owner's

9 Identification Cards, ~~concealed carry licenses,~~ the prompt and

10 efficient processing of applications under the Firearm Owners

11 Identification Card Act ~~and the Firearm Concealed Carry Act~~,

12 the improved efficiency and reporting of the LEADS and federal

13 NICS law enforcement data systems, and support for

14 investigations required under that Act ~~these Acts~~ and law. Any

15 surplus funds beyond what is needed to comply with the

16 aforementioned purposes shall be used by the Department to

17 improve the Law Enforcement Agencies Data System (LEADS) and

18 criminal history background check system.

19 (c) Investment income that is attributable to the

20 investment of moneys in the Fund shall be retained in the Fund

21 for the uses specified in this Section.

22 (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)

23 Section 25. The State Finance Act is amended by changing

24 Section 6z-99 as follows:

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1 (30 ILCS 105/6z-99)

2 Sec. 6z-99. The Mental Health Reporting Fund.

3 (a) There is created in the State treasury a special fund

4 known as the Mental Health Reporting Fund. ~~The Fund shall~~

5 ~~receive revenue under the Firearm Concealed Carry Act.~~ The

6 Fund may ~~also~~ receive revenue from grants, pass-through

7 grants, donations, appropriations, and any other legal source.

8 (b) The Department of State Police and Department of Human

9 Services shall coordinate to use moneys in the Fund to finance

10 their respective duties of collecting and reporting data on

11 mental health records and ensuring that mental health firearm

12 possession prohibitors are enforced as set forth under the

13 ~~Firearm Concealed Carry Act and the~~ Firearm Owners

14 Identification Card Act. Any surplus in the Fund beyond what

15 is necessary to ensure compliance with mental health reporting

16 under that Act ~~these Acts~~ shall be used by the Department of

17 Human Services for mental health treatment programs.

18 (c) Investment income that is attributable to the

19 investment of moneys in the Fund shall be retained in the Fund

20 for the uses specified in this Section.

21 (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)

22 Section 30. The Liquor Control Act of 1934 is amended by

23 changing Section 10-1 as follows:

24 (235 ILCS 5/10-1) (from Ch. 43, par. 183)

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1 Sec. 10-1. Violations; penalties. Whereas a substantial

2 threat to the sound and careful control, regulation, and

3 taxation of the manufacture, sale, and distribution of

4 alcoholic liquors exists by virtue of individuals who

5 manufacture, import, distribute, or sell alcoholic liquors

6 within the State without having first obtained a valid license

7 to do so, and whereas such threat is especially serious along

8 the borders of this State, and whereas such threat requires

9 immediate correction by this Act, by active investigation and

10 prosecution by the State Commission, law enforcement

11 officials, and prosecutors, and by prompt and strict

12 enforcement through the courts of this State to punish

13 violators and to deter such conduct in the future:

14 (a) Any person who manufactures, imports for distribution

15 or use, transports from outside this State into this State, or

16 distributes or sells 108 liters (28.53 gallons) or more of

17 wine, 45 liters (11.88 gallons) or more of distilled spirits,

18 or 118 liters (31.17 gallons) or more of beer at any place

19 within the State without having first obtained a valid license

20 to do so under the provisions of this Act shall be guilty of a

21 Class 4 felony for each offense. However, any person who was

22 duly licensed under this Act and whose license expired within

23 30 days prior to a violation shall be guilty of a business

24 offense and fined not more than $1,000 for the first such

25 offense and shall be guilty of a Class 4 felony for each

26 subsequent offense.

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1 Any person who manufactures, imports for distribution,

2 transports from outside this State into this State for sale or

3 resale in this State, or distributes or sells less than 108

4 liters (28.53 gallons) of wine, less than 45 liters (11.88

5 gallons) of distilled spirits, or less than 118 liters (31.17

6 gallons) of beer at any place within the State without having

7 first obtained a valid license to do so under the provisions of

8 this Act shall be guilty of a business offense and fined not

9 more than $1,000 for the first such offense and shall be guilty

10 of a Class 4 felony for each subsequent offense. This

11 subsection does not apply to a motor carrier or freight

12 forwarder, as defined in Section 13102 of Title 49 of the

13 United States Code, an air carrier, as defined in Section

14 40102 of Title 49 of the United States Code, or a rail carrier,

15 as defined in Section 10102 of Title 49 of the United States

16 Code.

17 Any person who: (1) has been issued an initial cease and

18 desist notice from the State Commission; and (2) for

19 compensation, does any of the following: (i) ships alcoholic

20 liquor into this State without a license authorized by Section

21 5-1 issued by the State Commission or in violation of that

22 license; or (ii) manufactures, imports for distribution,

23 transports from outside this State into this State for sale or

24 resale in this State, or distributes or sells alcoholic

25 liquors at any place without having first obtained a valid

26 license to do so is guilty of a Class 4 felony for each

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1 offense.

2 (b) (1) Any retailer, caterer retailer, brew pub, special

3 event retailer, special use permit holder, homebrewer special

4 event permit holder, or craft distiller tasting permit holder

5 who knowingly causes alcoholic liquors to be imported directly

6 into the State of Illinois from outside of the State for the

7 purpose of furnishing, giving, or selling to another, except

8 when having received the product from a duly licensed

9 distributor or importing distributor, shall have his license

10 suspended for 30 days for the first offense and for the second

11 offense, shall have his license revoked by the Commission.

12 (2) In the event the State Commission receives a certified

13 copy of a final order from a foreign jurisdiction that an

14 Illinois retail licensee has been found to have violated that

15 foreign jurisdiction's laws, rules, or regulations concerning

16 the importation of alcoholic liquor into that foreign

17 jurisdiction, the violation may be grounds for the State

18 Commission to revoke, suspend, or refuse to issue or renew a

19 license, to impose a fine, or to take any additional action

20 provided by this Act with respect to the Illinois retail

21 license or licensee. Any such action on the part of the State

22 Commission shall be in accordance with this Act and

23 implementing rules.

24 For the purposes of paragraph (2): (i) "foreign

25 jurisdiction" means a state, territory, or possession of the

26 United States, the District of Columbia, or the Commonwealth

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1 of Puerto Rico, and (ii) "final order" means an order or

2 judgment of a court or administrative body that determines the

3 rights of the parties respecting the subject matter of the

4 proceeding, that remains in full force and effect, and from

5 which no appeal can be taken.

6 (c) Any person who shall make any false statement or

7 otherwise violates any of the provisions of this Act in

8 obtaining any license hereunder, or who having obtained a

9 license hereunder shall violate any of the provisions of this

10 Act with respect to the manufacture, possession, distribution

11 or sale of alcoholic liquor, or with respect to the

12 maintenance of the licensed premises, or shall violate any

13 other provision of this Act, shall for a first offense be

14 guilty of a petty offense and fined not more than $500, and for

15 a second or subsequent offense shall be guilty of a Class B

16 misdemeanor.

17 (c-5) (Blank). ~~Any owner of an establishment that serves~~

18 ~~alcohol on its premises, if more than 50% of the~~

19 ~~establishment's gross receipts within the prior 3 months is~~

20 ~~from the sale of alcohol, who knowingly fails to prohibit~~

21 ~~concealed firearms on its premises or who knowingly makes a~~

22 ~~false statement or record to avoid the prohibition of~~

23 ~~concealed firearms on its premises under the Firearm Concealed~~

24 ~~Carry Act shall be guilty of a business offense with a fine up~~

25 ~~to $5,000.~~

26 (d) Each day any person engages in business as a

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1 manufacturer, foreign importer, importing distributor,

2 distributor or retailer in violation of the provisions of this

3 Act shall constitute a separate offense.

4 (e) Any person, under the age of 21 years who, for the

5 purpose of buying, accepting or receiving alcoholic liquor

6 from a licensee, represents that he is 21 years of age or over

7 shall be guilty of a Class A misdemeanor.

8 (f) In addition to the penalties herein provided, any

9 person licensed as a wine-maker in either class who

10 manufactures more wine than authorized by his license shall be

11 guilty of a business offense and shall be fined $1 for each

12 gallon so manufactured.

13 (g) A person shall be exempt from prosecution for a

14 violation of this Act if he is a peace officer in the

15 enforcement of the criminal laws and such activity is approved

16 in writing by one of the following:

17 (1) In all counties, the respective State's Attorney;

18 (2) The Director of State Police under Section

19 2605-10, 2605-15, 2605-75, 2605-100, 2605-105, 2605-110,

20 2605-115, 2605-120, 2605-130, 2605-140, 2605-190,

21 2605-200, 2605-205, 2605-210, 2605-215, 2605-250,

22 2605-275, 2605-300, 2605-305, 2605-315, 2605-325,

23 2605-335, 2605-340, 2605-350, 2605-355, 2605-360,

24 2605-365, 2605-375, 2605-390, 2605-400, 2605-405,

25 2605-420, 2605-430, 2605-435, 2605-500, 2605-525, or

26 2605-550 of the Department of State Police Law (20 ILCS

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1 2605/2605-10, 2605/2605-15, 2605/2605-75, 2605/2605-100,

2 2605/2605-105, 2605/2605-110, 2605/2605-115,

3 2605/2605-120, 2605/2605-130, 2605/2605-140,

4 2605/2605-190, 2605/2605-200, 2605/2605-205,

5 2605/2605-210, 2605/2605-215, 2605/2605-250,

6 2605/2605-275, 2605/2605-300, 2605/2605-305,

7 2605/2605-315, 2605/2605-325, 2605/2605-335,

8 2605/2605-340, 2605/2605-350, 2605/2605-355,

9 2605/2605-360, 2605/2605-365, 2605/2605-375,

10 2605/2605-390, 2605/2605-400, 2605/2605-405,

11 2605/2605-420, 2605/2605-430, 2605/2605-435,

12 2605/2605-500, 2605/2605-525, or 2605/2605-550); or

13 (3) In cities over 1,000,000, the Superintendent of

14 Police.

15 (Source: P.A. 101-37, eff. 7-3-19.)

16 Section 35. The Firearm Owners Identification Card Act is

17 amended by changing Sections 2, 3, and 13.1 as follows:

18 (430 ILCS 65/2) (from Ch. 38, par. 83-2)

19 Sec. 2. Firearm Owner's Identification Card required;

20 exceptions.

21 (a) (1) No person may acquire or possess any firearm, stun

22 gun, or taser within this State without having in his or her

23 possession a Firearm Owner's Identification Card previously

24 issued in his or her name by the Department of State Police

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1 under the provisions of this Act.

2 (2) No person may acquire or possess firearm ammunition

3 within this State without having in his or her possession a

4 Firearm Owner's Identification Card previously issued in his

5 or her name by the Department of State Police under the

6 provisions of this Act.

7 (b) The provisions of this Section regarding the

8 possession of firearms, firearm ammunition, stun guns, and

9 tasers do not apply to:

10 (1) United States Marshals, while engaged in the

11 operation of their official duties;

12 (2) Members of the Armed Forces of the United States

13 or the National Guard, while engaged in the operation of

14 their official duties;

15 (3) Federal officials required to carry firearms,

16 while engaged in the operation of their official duties;

17 (4) Members of bona fide veterans organizations which

18 receive firearms directly from the armed forces of the

19 United States, while using the firearms for ceremonial

20 purposes with blank ammunition;

21 (5) Nonresident hunters during hunting season, with

22 valid nonresident hunting licenses and while in an area

23 where hunting is permitted; however, at all other times

24 and in all other places these persons must have their

25 firearms unloaded and enclosed in a case;

26 (6) Those hunters exempt from obtaining a hunting

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1 license who are required to submit their Firearm Owner's

2 Identification Card when hunting on Department of Natural

3 Resources owned or managed sites;

4 (7) Nonresidents while on a firing or shooting range

5 recognized by the Department of State Police; however,

6 these persons must at all other times and in all other

7 places have their firearms unloaded and enclosed in a

8 case;

9 (8) Nonresidents while at a firearm showing or display

10 recognized by the Department of State Police; however, at

11 all other times and in all other places these persons must

12 have their firearms unloaded and enclosed in a case;

13 (9) Nonresidents whose firearms are unloaded and

14 enclosed in a case;

15 (10) Nonresidents who are currently licensed or

16 registered to possess a firearm in their resident state;

17 (11) Unemancipated minors while in the custody and

18 immediate control of their parent or legal guardian or

19 other person in loco parentis to the minor if the parent or

20 legal guardian or other person in loco parentis to the

21 minor has a currently valid Firearm Owner's Identification

22 Card;

23 (12) Color guards of bona fide veterans organizations

24 or members of bona fide American Legion bands while using

25 firearms for ceremonial purposes with blank ammunition;

26 (13) Nonresident hunters whose state of residence does

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1 not require them to be licensed or registered to possess a

2 firearm and only during hunting season, with valid hunting

3 licenses, while accompanied by, and using a firearm owned

4 by, a person who possesses a valid Firearm Owner's

5 Identification Card and while in an area within a

6 commercial club licensed under the Wildlife Code where

7 hunting is permitted and controlled, but in no instance

8 upon sites owned or managed by the Department of Natural

9 Resources;

10 (14) Resident hunters who are properly authorized to

11 hunt and, while accompanied by a person who possesses a

12 valid Firearm Owner's Identification Card, hunt in an area

13 within a commercial club licensed under the Wildlife Code

14 where hunting is permitted and controlled;

15 (15) A person who is otherwise eligible to obtain a

16 Firearm Owner's Identification Card under this Act and is

17 under the direct supervision of a holder of a Firearm

18 Owner's Identification Card who is 21 years of age or

19 older while the person is on a firing or shooting range or

20 is a participant in a firearms safety and training course

21 recognized by a law enforcement agency or a national,

22 statewide shooting sports organization; and

23 (16) Competitive shooting athletes whose competition

24 firearms are sanctioned by the International Olympic

25 Committee, the International Paralympic Committee, the

26 International Shooting Sport Federation, or USA Shooting

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1 in connection with such athletes' training for and

2 participation in shooting competitions at the 2016 Olympic

3 and Paralympic Games and sanctioned test events leading up

4 to the 2016 Olympic and Paralympic Games.

5 (c) The provisions of this Section regarding the

6 acquisition and possession of firearms, firearm ammunition,

7 stun guns, and tasers do not apply to law enforcement

8 officials of this or any other jurisdiction, while engaged in

9 the operation of their official duties.

10 (c-5) (Blank). ~~The provisions of paragraphs (1) and (2) of~~

11 ~~subsection (a) of this Section regarding the possession of~~

12 ~~firearms and firearm ammunition do not apply to the holder of a~~

13 ~~valid concealed carry license issued under the Firearm~~

14 ~~Concealed Carry Act who is in physical possession of the~~

15 ~~concealed carry license.~~

16 (d) Any person who becomes a resident of this State, who is

17 not otherwise prohibited from obtaining, possessing, or using

18 a firearm or firearm ammunition, shall not be required to have

19 a Firearm Owner's Identification Card to possess firearms or

20 firearms ammunition until 60 calendar days after he or she

21 obtains an Illinois driver's license or Illinois

22 Identification Card.

23 (Source: P.A. 99-29, eff. 7-10-15.)

24 (430 ILCS 65/3) (from Ch. 38, par. 83-3)

25 Sec. 3. (a) Except as provided in Section 3a, no person may

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1 knowingly transfer, or cause to be transferred, any firearm,

2 firearm ammunition, stun gun, or taser to any person within

3 this State unless the transferee with whom he deals displays

4 ~~either: (1)~~a currently valid Firearm Owner's Identification

5 Card which has previously been issued in his or her name by the

6 Department of State Police under the provisions of this Act~~;~~

7 ~~or (2) a currently valid license to carry a concealed firearm~~

8 ~~which has previously been issued in his or her name by the~~

9 ~~Department of State Police under the Firearm Concealed Carry~~

10 ~~Act~~. In addition, all firearm, stun gun, and taser transfers

11 by federally licensed firearm dealers are subject to Section

12 3.1.

13 (a-5) Any person who is not a federally licensed firearm

14 dealer and who desires to transfer or sell a firearm while that

15 person is on the grounds of a gun show must, before selling or

16 transferring the firearm, request the Department of State

17 Police to conduct a background check on the prospective

18 recipient of the firearm in accordance with Section 3.1.

19 (a-10) Notwithstanding item (2) of subsection (a) of this

20 Section, any person who is not a federally licensed firearm

21 dealer and who desires to transfer or sell a firearm or

22 firearms to any person who is not a federally licensed firearm

23 dealer shall, before selling or transferring the firearms,

24 contact the Department of State Police with the transferee's

25 or purchaser's Firearm Owner's Identification Card number to

26 determine the validity of the transferee's or purchaser's

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1 Firearm Owner's Identification Card. This subsection shall not

2 be effective until January 1, 2014. The Department of State

3 Police may adopt rules concerning the implementation of this

4 subsection. The Department of State Police shall provide the

5 seller or transferor an approval number if the purchaser's

6 Firearm Owner's Identification Card is valid. Approvals issued

7 by the Department for the purchase of a firearm pursuant to

8 this subsection are valid for 30 days from the date of issue.

9 (a-15) The provisions of subsection (a-10) of this Section

10 do not apply to:

11 (1) transfers that occur at the place of business of a

12 federally licensed firearm dealer, if the federally

13 licensed firearm dealer conducts a background check on the

14 prospective recipient of the firearm in accordance with

15 Section 3.1 of this Act and follows all other applicable

16 federal, State, and local laws as if he or she were the

17 seller or transferor of the firearm, although the dealer

18 is not required to accept the firearm into his or her

19 inventory. The purchaser or transferee may be required by

20 the federally licensed firearm dealer to pay a fee not to

21 exceed $10 per firearm, which the dealer may retain as

22 compensation for performing the functions required under

23 this paragraph, plus the applicable fees authorized by

24 Section 3.1;

25 (2) transfers as a bona fide gift to the transferor's

26 husband, wife, son, daughter, stepson, stepdaughter,

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1 father, mother, stepfather, stepmother, brother, sister,

2 nephew, niece, uncle, aunt, grandfather, grandmother,

3 grandson, granddaughter, father-in-law, mother-in-law,

4 son-in-law, or daughter-in-law;

5 (3) transfers by persons acting pursuant to operation

6 of law or a court order;

7 (4) transfers on the grounds of a gun show under

8 subsection (a-5) of this Section;

9 (5) the delivery of a firearm by its owner to a

10 gunsmith for service or repair, the return of the firearm

11 to its owner by the gunsmith, or the delivery of a firearm

12 by a gunsmith to a federally licensed firearms dealer for

13 service or repair and the return of the firearm to the

14 gunsmith;

15 (6) temporary transfers that occur while in the home

16 of the unlicensed transferee, if the unlicensed transferee

17 is not otherwise prohibited from possessing firearms and

18 the unlicensed transferee reasonably believes that

19 possession of the firearm is necessary to prevent imminent

20 death or great bodily harm to the unlicensed transferee;

21 (7) transfers to a law enforcement or corrections

22 agency or a law enforcement or corrections officer acting

23 within the course and scope of his or her official duties;

24 (8) transfers of firearms that have been rendered

25 permanently inoperable to a nonprofit historical society,

26 museum, or institutional collection; and

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1 (9) transfers to a person who is exempt from the

2 requirement of possessing a Firearm Owner's Identification

3 Card under Section 2 of this Act.

4 (a-20) The Department of State Police shall develop an

5 Internet-based system for individuals to determine the

6 validity of a Firearm Owner's Identification Card prior to the

7 sale or transfer of a firearm. The Department shall have the

8 Internet-based system completed and available for use by July

9 1, 2015. The Department shall adopt rules not inconsistent

10 with this Section to implement this system.

11 (b) Any person within this State who transfers or causes

12 to be transferred any firearm, stun gun, or taser shall keep a

13 record of such transfer for a period of 10 years from the date

14 of transfer. Such record shall contain the date of the

15 transfer; the description, serial number or other information

16 identifying the firearm, stun gun, or taser if no serial

17 number is available; and, if the transfer was completed within

18 this State, the transferee's Firearm Owner's Identification

19 Card number and any approval number or documentation provided

20 by the Department of State Police pursuant to subsection

21 (a-10) of this Section; if the transfer was not completed

22 within this State, the record shall contain the name and

23 address of the transferee. On or after January 1, 2006, the

24 record shall contain the date of application for transfer of

25 the firearm. On demand of a peace officer such transferor

26 shall produce for inspection such record of transfer. If the

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1 transfer or sale took place at a gun show, the record shall

2 include the unique identification number. Failure to record

3 the unique identification number or approval number is a petty

4 offense. For transfers of a firearm, stun gun, or taser made on

5 or after the effective date of this amendatory Act of the 100th

6 General Assembly, failure by the private seller to maintain

7 the transfer records in accordance with this Section is a

8 Class A misdemeanor for the first offense and a Class 4 felony

9 for a second or subsequent offense. A transferee shall not be

10 criminally liable under this Section provided that he or she

11 provides the Department of State Police with the transfer

12 records in accordance with procedures established by the

13 Department. The Department shall establish, by rule, a

14 standard form on its website.

15 (b-5) Any resident may purchase ammunition from a person

16 within or outside of Illinois if shipment is by United States

17 mail or by a private express carrier authorized by federal law

18 to ship ammunition. Any resident purchasing ammunition within

19 or outside the State of Illinois must provide the seller with a

20 copy of his or her valid Firearm Owner's Identification Card

21 ~~or valid concealed carry license~~ and either his or her

22 Illinois driver's license or Illinois State Identification

23 Card prior to the shipment of the ammunition. The ammunition

24 may be shipped only to an address on either of those 2

25 documents.

26 (c) The provisions of this Section regarding the transfer

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1 of firearm ammunition shall not apply to those persons

2 specified in paragraph (b) of Section 2 of this Act.

3 (Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)

4 (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)

5 Sec. 13.1. Preemption.

6 (a) (Blank). ~~Except as otherwise provided in the Firearm~~

7 ~~Concealed Carry Act and subsections (b) and (c) of this~~

8 ~~Section, the provisions of any ordinance enacted by any~~

9 ~~municipality which requires registration or imposes greater~~

10 ~~restrictions or limitations on the acquisition, possession and~~

11 ~~transfer of firearms than are imposed by this Act, are not~~

12 ~~invalidated or affected by this Act.~~

13 (b) The ~~Notwithstanding subsection (a) of this Section,~~

14 ~~the~~ regulation, licensing, possession, and registration of

15 handguns and ammunition for a handgun, and the transportation

16 of any firearm and ammunition by a holder of a valid Firearm

17 Owner's Identification Card issued by the Department of State

18 Police under this Act are exclusive powers and functions of

19 this State. Any ordinance or regulation, or portion of that

20 ordinance or regulation, enacted on or before the effective

21 date of this amendatory Act of the 98th General Assembly that

22 purports to impose regulations or restrictions on a holder of

23 a valid Firearm Owner's Identification Card issued by the

24 Department of State Police under this Act in a manner that is

25 inconsistent with this Act, on the effective date of this

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1 amendatory Act of the 98th General Assembly, shall be invalid

2 in its application to a holder of a valid Firearm Owner's

3 Identification Card issued by the Department of State Police

4 under this Act.

5 (c) Notwithstanding subsection (a) of this Section, the

6 regulation of the possession or ownership of assault weapons

7 are exclusive powers and functions of this State. Any

8 ordinance or regulation, or portion of that ordinance or

9 regulation, that purports to regulate the possession or

10 ownership of assault weapons in a manner that is inconsistent

11 with this Act, shall be invalid unless the ordinance or

12 regulation is enacted on, before, or within 10 days after the

13 effective date of this amendatory Act of the 98th General

14 Assembly. Any ordinance or regulation described in this

15 subsection (c) enacted more than 10 days after the effective

16 date of this amendatory Act of the 98th General Assembly is

17 invalid. An ordinance enacted on, before, or within 10 days

18 after the effective date of this amendatory Act of the 98th

19 General Assembly may be amended. The enactment or amendment of

20 ordinances under this subsection (c) are subject to the

21 submission requirements of Section 13.3. For the purposes of

22 this subsection, "assault weapons" means firearms designated

23 by either make or model or by a test or list of cosmetic

24 features that cumulatively would place the firearm into a

25 definition of "assault weapon" under the ordinance.

26 (d) For the purposes of this Section, "handgun" means any

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1 device which is designed to expel a projectile or projectiles

2 by the action of an explosion, expansion of gas, or escape of

3 gas that is designed to be held and fired by the use of a

4 single hand. "Handgun" does not include:

5 (1) a stun gun or taser;

6 (2) a machine gun as defined in item (i) of paragraph

7 (7) of subsection (a) of Section 24-1 of the Criminal Code

8 of 2012;

9 (3) a short-barreled rifle or shotgun as defined in

10 item (ii) of paragraph (7) of subsection (a) of Section

11 24-1 of the Criminal Code of 2012; or

12 (4) any pneumatic gun, spring gun, paint ball gun, or

13 B-B gun which expels a single globular projectile not

14 exceeding .18 inch in diameter, or which has a maximum

15 muzzle velocity of less than 700 feet per second, or which

16 expels breakable paint balls containing washable marking

17 ~~has the meaning ascribed to it in Section 5 of the Firearm~~

18 ~~Concealed Carry Act~~.

19 (e) This Section is a denial and limitation of home rule

20 powers and functions under subsection (h) of Section 6 of

21 Article VII of the Illinois Constitution.

22 (Source: P.A. 98-63, eff. 7-9-13.)

23 (430 ILCS 66/Act rep.)

24 Section 40. The Firearm Concealed Carry Act is repealed.

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1 Section 45. The Criminal Code of 2012 is amended by

2 changing Sections 24-1, 24-1.6, 24-2, and 24-3 as follows:

3 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

4 Sec. 24-1. Unlawful use of weapons.

5 (a) A person commits the offense of unlawful use of

6 weapons when he knowingly:

7 (1) Sells, manufactures, purchases, possesses or

8 carries any bludgeon, black-jack, slung-shot, sand-club,

9 sand-bag, metal knuckles or other knuckle weapon

10 regardless of its composition, throwing star, or any

11 knife, commonly referred to as a switchblade knife, which

12 has a blade that opens automatically by hand pressure

13 applied to a button, spring or other device in the handle

14 of the knife, or a ballistic knife, which is a device that

15 propels a knifelike blade as a projectile by means of a

16 coil spring, elastic material or compressed gas; or

17 (2) Carries or possesses with intent to use the same

18 unlawfully against another, a dagger, dirk, billy,

19 dangerous knife, razor, stiletto, broken bottle or other

20 piece of glass, stun gun or taser or any other dangerous or

21 deadly weapon or instrument of like character; or

22 (2.5) Carries or possesses with intent to use the same

23 unlawfully against another, any firearm in a church,

24 synagogue, mosque, or other building, structure, or place

25 used for religious worship; or

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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

6 18 years of age or older; or

7 (4) Carries or possesses in any vehicle or concealed

8 on or about his person except when on his land or in his

9 own abode, legal dwelling, or fixed place of business, or

10 on the land or in the legal dwelling of another person as

11 an 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 Firearm Owner's

25 Identification Card under the Firearm Owners

26 Identification Card Act ~~license under the Firearm~~

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1 ~~Concealed Carry Act~~; or

2 (5) Sets a spring gun; or

3 (6) Possesses any device or attachment of any kind

4 designed, used or intended for use in silencing the report

5 of any firearm; or

6 (7) Sells, manufactures, purchases, possesses or

7 carries:

8 (i) a machine gun, which shall be defined for the

9 purposes of this subsection as any weapon, which

10 shoots, is designed to shoot, or can be readily

11 restored to shoot, automatically more than one shot

12 without manually reloading by a single function of the

13 trigger, including the frame or receiver of any such

14 weapon, or sells, manufactures, purchases, possesses,

15 or carries any combination of parts designed or

16 intended for use in converting any weapon into a

17 machine gun, or any combination or parts from which a

18 machine gun can be assembled if such parts are in the

19 possession or under the control of a person;

20 (ii) any rifle having one or more barrels less

21 than 16 inches in length or a shotgun having one or

22 more barrels less than 18 inches in length or any

23 weapon made from a rifle or shotgun, whether by

24 alteration, modification, or otherwise, if such a

25 weapon as modified has an overall length of less than

26 26 inches; or

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1 (iii) any bomb, bomb-shell, grenade, bottle or

2 other container containing an explosive substance of

3 over one-quarter ounce for like purposes, such as, but

4 not limited to, black powder bombs and Molotov

5 cocktails or artillery projectiles; or

6 (8) Carries or possesses any firearm, stun gun or

7 taser or other deadly weapon in any place which is

8 licensed to sell intoxicating beverages, or at any public

9 gathering held pursuant to a license issued by any

10 governmental body or any public gathering at which an

11 admission is charged, excluding a place where a showing,

12 demonstration or lecture involving the exhibition of

13 unloaded firearms is conducted.

14 This subsection (a)(8) does not apply to any auction

15 or raffle of a firearm held pursuant to a license or permit

16 issued by a governmental body, nor does it apply to

17 persons engaged in firearm safety training courses; or

18 (9) Carries or possesses in a vehicle or on or about

19 his or her person any pistol, revolver, stun gun or taser

20 or firearm or ballistic knife, when he or she is hooded,

21 robed or masked in such manner as to conceal his or her

22 identity; or

23 (10) Carries or possesses on or about his or her

24 person, upon any public street, alley, or other public

25 lands within the corporate limits of a city, village, or

26 incorporated town, except when an invitee thereon or

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1 therein, for the purpose of the display of such weapon or

2 the lawful commerce in weapons, or except when on his land

3 or in his or her own abode, legal dwelling, or fixed place

4 of business, or on the land or in the legal dwelling of

5 another person as an invitee with that person's

6 permission, any pistol, revolver, stun gun, or taser or

7 other firearm, except that this subsection (a) (10) does

8 not apply to or affect transportation of weapons that meet

9 one of the following conditions:

10 (i) are broken down in a non-functioning state; or

11 (ii) are not immediately accessible; or

12 (iii) are unloaded and enclosed in a case, firearm

13 carrying box, shipping box, or other container by a

14 person who has been issued a currently valid Firearm

15 Owner's Identification Card; or

16 (iv) are carried or possessed in accordance with

17 the Firearm Owners Identification Card Act ~~Concealed~~

18 ~~Carry Act~~ by a person who has been issued a currently

19 valid ~~license under the~~ Firearm Owner's Identification

20 Card ~~Concealed Carry Act~~.

21 A "stun gun or taser", as used in this paragraph (a)

22 means (i) any device which is powered by electrical

23 charging units, such as, batteries, and which fires one or

24 several barbs attached to a length of wire and which, upon

25 hitting a human, can send out a current capable of

26 disrupting the person's nervous system in such a manner as

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1 to render him incapable of normal functioning or (ii) any

2 device which is powered by electrical charging units, such

3 as batteries, and which, upon contact with a human or

4 clothing worn by a human, can send out current capable of

5 disrupting the person's nervous system in such a manner as

6 to render him incapable of normal functioning; or

7 (11) Sells, manufactures, or purchases any explosive

8 bullet. For purposes of this paragraph (a) "explosive

9 bullet" means the projectile portion of an ammunition

10 cartridge which contains or carries an explosive charge

11 which will explode upon contact with the flesh of a human

12 or an animal. "Cartridge" means a tubular metal case

13 having a projectile affixed at the front thereof and a cap

14 or primer at the rear end thereof, with the propellant

15 contained in such tube between the projectile and the cap;

16 or

17 (12) (Blank); or

18 (13) Carries or possesses on or about his or her

19 person while in a building occupied by a unit of

20 government, a billy club, other weapon of like character,

21 or other instrument of like character intended for use as

22 a weapon. For the purposes of this Section, "billy club"

23 means a short stick or club commonly carried by police

24 officers which is either telescopic or constructed of a

25 solid piece of wood or other man-made material.

26 (b) Sentence. A person convicted of a violation of

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1 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

2 subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a

3 Class A misdemeanor. A person convicted of a violation of

4 subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony;

5 a person convicted of a violation of subsection 24-1(a)(6) or

6 24-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person

7 convicted of a violation of subsection 24-1(a)(7)(i) commits a

8 Class 2 felony and shall be sentenced to a term of imprisonment

9 of not less than 3 years and not more than 7 years, unless the

10 weapon is possessed in the passenger compartment of a motor

11 vehicle as defined in Section 1-146 of the Illinois Vehicle

12 Code, or on the person, while the weapon is loaded, in which

13 case it shall be a Class X felony. A person convicted of a

14 second or subsequent violation of subsection 24-1(a)(4),

15 24-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3

16 felony. A person convicted of a violation of subsection

17 24-1(a)(2.5) commits a Class 2 felony. The possession of each

18 weapon in violation of this Section constitutes a single and

19 separate violation.

20 (c) Violations in specific places.

21 (1) A person who violates subsection 24-1(a)(6) or

22 24-1(a)(7) in any school, regardless of the time of day or

23 the time of year, in residential property owned, operated

24 or managed by a public housing agency or leased by a public

25 housing agency as part of a scattered site or mixed-income

26 development, in a public park, in a courthouse, on the

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1 real property comprising any school, regardless of the

2 time of day or the time of year, on residential property

3 owned, operated or managed by a public housing agency or

4 leased by a public housing agency as part of a scattered

5 site or mixed-income development, on the real property

6 comprising any public park, on the real property

7 comprising any courthouse, in any conveyance owned, leased

8 or contracted by a school to transport students to or from

9 school or a school related activity, in any conveyance

10 owned, leased, or contracted by a public transportation

11 agency, or on any public way within 1,000 feet of the real

12 property comprising any school, public park, courthouse,

13 public transportation facility, or residential property

14 owned, operated, or managed by a public housing agency or

15 leased by a public housing agency as part of a scattered

16 site or mixed-income development commits a Class 2 felony

17 and shall be sentenced to a term of imprisonment of not

18 less than 3 years and not more than 7 years.

19 (1.5) A person who violates subsection 24-1(a)(4),

20 24-1(a)(9), or 24-1(a)(10) in any school, regardless of

21 the time of day or the time of year, in residential

22 property owned, operated, or managed by a public housing

23 agency or leased by a public housing agency as part of a

24 scattered site or mixed-income development, in a public

25 park, in a courthouse, on the real property comprising any

26 school, regardless of the time of day or the time of year,

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1 on residential property owned, operated, or managed by a

2 public housing agency or leased by a public housing agency

3 as part of a scattered site or mixed-income development,

4 on the real property comprising any public park, on the

5 real property comprising any courthouse, in any conveyance

6 owned, leased, or contracted by a school to transport

7 students to or from school or a school related activity,

8 in any conveyance owned, leased, or contracted by a public

9 transportation agency, or on any public way within 1,000

10 feet of the real property comprising any school, public

11 park, courthouse, public transportation facility, or

12 residential property owned, operated, or managed by a

13 public housing agency or leased by a public housing agency

14 as part of a scattered site or mixed-income development

15 commits a Class 3 felony.

16 (2) A person who violates subsection 24-1(a)(1),

17 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

18 time of day or the time of year, in residential property

19 owned, operated or managed by a public housing agency or

20 leased by a public housing agency as part of a scattered

21 site or mixed-income development, in a public park, in a

22 courthouse, on the real property comprising any school,

23 regardless of the time of day or the time of year, on

24 residential property owned, operated or managed by a

25 public housing agency or leased by a public housing agency

26 as part of a scattered site or mixed-income development,

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1 on the real property comprising any public park, on the

2 real property comprising any courthouse, in any conveyance

3 owned, leased or contracted by a school to transport

4 students to or from school or a school related activity,

5 in any conveyance owned, leased, or contracted by a public

6 transportation agency, or on any public way within 1,000

7 feet of the real property comprising any school, public

8 park, courthouse, public transportation facility, or

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

12 commits a Class 4 felony. "Courthouse" means any building

13 that is used by the Circuit, Appellate, or Supreme Court

14 of this State for the conduct of official business.

15 (3) Paragraphs (1), (1.5), and (2) of this subsection

16 (c) shall not apply to law enforcement officers or

17 security officers of such school, college, or university

18 or to students carrying or possessing firearms for use in

19 training courses, parades, hunting, target shooting on

20 school ranges, or otherwise with the consent of school

21 authorities and which firearms are transported unloaded

22 enclosed in a suitable case, box, or transportation

23 package.

24 (4) For the purposes of this subsection (c), "school"

25 means any public or private elementary or secondary

26 school, community college, college, or university.

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1 (5) For the purposes of this subsection (c), "public

2 transportation agency" means a public or private agency

3 that provides for the transportation or conveyance of

4 persons by means available to the general public, except

5 for transportation by automobiles not used for conveyance

6 of the general public as passengers; and "public

7 transportation facility" means a terminal or other place

8 where one may obtain public transportation.

9 (d) The presence in an automobile other than a public

10 omnibus of any weapon, instrument or substance referred to in

11 subsection (a)(7) is prima facie evidence that it is in the

12 possession of, and is being carried by, all persons occupying

13 such automobile at the time such weapon, instrument or

14 substance is found, except under the following circumstances:

15 (i) if such weapon, instrument or instrumentality is found

16 upon the person of one of the occupants therein; or (ii) if

17 such weapon, instrument or substance is found in an automobile

18 operated for hire by a duly licensed driver in the due, lawful

19 and proper pursuit of his or her trade, then such presumption

20 shall not apply to the driver.

21 (e) Exemptions.

22 (1) Crossbows, Common or Compound bows and Underwater

23 Spearguns are exempted from the definition of ballistic

24 knife as defined in paragraph (1) of subsection (a) of

25 this Section.

26 (2) The provision of paragraph (1) of subsection (a)

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1 of this Section prohibiting the sale, manufacture,

2 purchase, possession, or carrying of any knife, commonly

3 referred to as a switchblade knife, which has a blade that

4 opens automatically by hand pressure applied to a button,

5 spring or other device in the handle of the knife, does not

6 apply to a person who possesses a currently valid Firearm

7 Owner's Identification Card previously issued in his or

8 her name by the Department of State Police or to a person

9 or an entity engaged in the business of selling or

10 manufacturing switchblade knives.

11 (Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)

12 (720 ILCS 5/24-1.6)

13 Sec. 24-1.6. Aggravated unlawful use of a weapon.

14 (a) A person commits the offense of aggravated unlawful

15 use of a weapon when he or she knowingly:

16 (1) Carries on or about his or her person or in any

17 vehicle or concealed on or about his or her person except

18 when on his or her land or in his or her abode, legal

19 dwelling, or fixed place of business, or on the land or in

20 the legal dwelling of another person as an invitee with

21 that person's permission, any pistol, revolver, stun gun

22 or taser or other firearm; or

23 (2) Carries or possesses on or about his or her

24 person, upon any public street, alley, or other public

25 lands within the corporate limits of a city, village or

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1 incorporated town, except when an invitee thereon or

2 therein, for the purpose of the display of such weapon or

3 the lawful commerce in weapons, or except when on his or

4 her own land or in his or her own abode, legal dwelling, or

5 fixed place of business, or on the land or in the legal

6 dwelling of another person as an invitee with that

7 person's permission, any pistol, revolver, stun gun or

8 taser or other firearm; and

9 (3) One of the following factors is present:

10 (A) the firearm, other than a pistol, revolver, or

11 handgun, possessed was uncased, loaded, and

12 immediately accessible at the time of the offense; or

13 (A-5) the pistol, revolver, or handgun possessed

14 was uncased, loaded, and immediately accessible at the

15 time of the offense and the person possessing the

16 pistol, revolver, or handgun has not been issued a

17 currently valid Firearm Owner's Identification Card

18 under the Firearm Owners Identification Card ~~license~~

19 ~~under the Firearm Concealed Carry~~ Act; or

20 (B) the firearm, other than a pistol, revolver, or

21 handgun, possessed was uncased, unloaded, and the

22 ammunition for the weapon was immediately accessible

23 at the time of the offense; or

24 (B-5) the pistol, revolver, or handgun possessed

25 was uncased, unloaded, and the ammunition for the

26 weapon was immediately accessible at the time of the

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1 offense and the person possessing the pistol,

2 revolver, or handgun has not been issued a currently

3 valid Firearm Owner's Identification Card under the

4 Firearm Owners Identification Card ~~license under the~~

5 ~~Firearm Concealed Carry~~ Act; or

6 (C) the person possessing the firearm has not been

7 issued a currently valid Firearm Owner's

8 Identification Card; or

9 (D) the person possessing the weapon was

10 previously adjudicated a delinquent minor under the

11 Juvenile Court Act of 1987 for an act that if committed

12 by an adult would be a felony; or

13 (E) the person possessing the weapon was engaged

14 in a misdemeanor violation of the Cannabis Control

15 Act, in a misdemeanor violation of the Illinois

16 Controlled Substances Act, or in a misdemeanor

17 violation of the Methamphetamine Control and Community

18 Protection Act; or

19 (F) (blank); or

20 (G) the person possessing the weapon had an order

21 of protection issued against him or her within the

22 previous 2 years; or

23 (H) the person possessing the weapon was engaged

24 in the commission or attempted commission of a

25 misdemeanor involving the use or threat of violence

26 against the person or property of another; or

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1 (I) the person possessing the weapon was under 21

2 years of age and in possession of a handgun, unless the

3 person under 21 is engaged in lawful activities under

4 the Wildlife Code or described in subsection

5 24-2(b)(1), (b)(3), or 24-2(f).

6 (a-5) "Handgun" as used in this Section has the meaning

7 given to it in Section 13.1 of the Firearm Owners

8 Identification Card ~~Section 5 of the Firearm Concealed Carry~~

9 Act.

10 (b) "Stun gun or taser" as used in this Section has the

11 same definition given to it in Section 24-1 of this Code.

12 (c) This Section does not apply to or affect the

13 transportation or possession of weapons that:

14 (i) are broken down in a non-functioning state; or

15 (ii) are not immediately accessible; or

16 (iii) are unloaded and enclosed in a case, firearm

17 carrying box, shipping box, or other container by a person

18 who has been issued a currently valid Firearm Owner's

19 Identification Card.

20 (d) Sentence.

21 (1) Aggravated unlawful use of a weapon is a Class 4

22 felony; a second or subsequent offense is a Class 2 felony

23 for which the person shall be sentenced to a term of

24 imprisonment of not less than 3 years and not more than 7

25 years, except as provided for in Section 5-4.5-110 of the

26 Unified Code of Corrections.

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1 (2) Except as otherwise provided in paragraphs (3) and

2 (4) of this subsection (d), a first offense of aggravated

3 unlawful use of a weapon committed with a firearm by a

4 person 18 years of age or older where the factors listed in

5 both items (A) and (C) or both items (A-5) and (C) of

6 paragraph (3) of subsection (a) are present is a Class 4

7 felony, for which the person shall be sentenced to a term

8 of imprisonment of not less than one year and not more than

9 3 years.

10 (3) Aggravated unlawful use of a weapon by a person

11 who has been previously convicted of a felony in this

12 State or another jurisdiction is a Class 2 felony for

13 which the person shall be sentenced to a term of

14 imprisonment of not less than 3 years and not more than 7

15 years, except as provided for in Section 5-4.5-110 of the

16 Unified Code of Corrections.

17 (4) Aggravated unlawful use of a weapon while wearing

18 or in possession of body armor as defined in Section 33F-1

19 by a person who has not been issued a valid Firearms

20 Owner's Identification Card in accordance with Section 5

21 of the Firearm Owners Identification Card Act is a Class X

22 felony.

23 (e) The possession of each firearm in violation of this

24 Section constitutes a single and separate violation.

25 (Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)

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1 (720 ILCS 5/24-2)

2 Sec. 24-2. Exemptions.

3 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

4 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

5 the following:

6 (1) Peace officers, and any person summoned by a peace

7 officer to assist in making arrests or preserving the

8 peace, while actually engaged in assisting such officer.

9 (2) Wardens, superintendents and keepers of prisons,

10 penitentiaries, jails and other institutions for the

11 detention of persons accused or convicted of an offense,

12 while in the performance of their official duty, or while

13 commuting between their homes and places of employment.

14 (3) Members of the Armed Services or Reserve Forces of

15 the United States or the Illinois National Guard or the

16 Reserve Officers Training Corps, while in the performance

17 of their official duty.

18 (4) Special agents employed by a railroad or a public

19 utility to perform police functions, and guards of armored

20 car companies, while actually engaged in the performance

21 of the duties of their employment or commuting between

22 their homes and places of employment; and watchmen while

23 actually engaged in the performance of the duties of their

24 employment.

25 (5) Persons licensed as private security contractors,

26 private detectives, or private alarm contractors, or

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1 employed by a private security contractor, private

2 detective, or private alarm contractor agency licensed by

3 the Department of Financial and Professional Regulation,

4 if their duties include the carrying of a weapon under the

5 provisions of the Private Detective, Private Alarm,

6 Private Security, Fingerprint Vendor, and Locksmith Act of

7 2004, while actually engaged in the performance of the

8 duties of their employment or commuting between their

9 homes and places of employment. A person shall be

10 considered eligible for this exemption if he or she has

11 completed the required 20 hours of training for a private

12 security contractor, private detective, or private alarm

13 contractor, or employee of a licensed private security

14 contractor, private detective, or private alarm contractor

15 agency and 20 hours of required firearm training, and has

16 been issued a firearm control card by the Department of

17 Financial and Professional Regulation. Conditions for the

18 renewal of firearm control cards issued under the

19 provisions of this Section shall be the same as for those

20 cards issued under the provisions of the Private

21 Detective, Private Alarm, Private Security, Fingerprint

22 Vendor, and Locksmith Act of 2004. The firearm control

23 card shall be carried by the private security contractor,

24 private detective, or private alarm contractor, or

25 employee of the licensed private security contractor,

26 private detective, or private alarm contractor agency at

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1 all times when he or she is in possession of a concealable

2 weapon permitted by his or her firearm control card.

3 (6) Any person regularly employed in a commercial or

4 industrial operation as a security guard for the

5 protection of persons employed and private property

6 related to such commercial or industrial operation, while

7 actually engaged in the performance of his or her duty or

8 traveling between sites or properties belonging to the

9 employer, and who, as a security guard, is a member of a

10 security force registered with the Department of Financial

11 and Professional Regulation; provided that such security

12 guard has successfully completed a course of study,

13 approved by and supervised by the Department of Financial

14 and Professional Regulation, consisting of not less than

15 40 hours of training that includes the theory of law

16 enforcement, liability for acts, and the handling of

17 weapons. A person shall be considered eligible for this

18 exemption if he or she has completed the required 20 hours

19 of training for a security officer and 20 hours of

20 required firearm training, and has been issued a firearm

21 control card by the Department of Financial and

22 Professional Regulation. Conditions for the renewal of

23 firearm control cards issued under the provisions of this

24 Section shall be the same as for those cards issued under

25 the provisions of the Private Detective, Private Alarm,

26 Private Security, Fingerprint Vendor, and Locksmith Act of

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1 2004. The firearm control card shall be carried by the

2 security guard at all times when he or she is in possession

3 of a concealable weapon permitted by his or her firearm

4 control card.

5 (7) Agents and investigators of the Illinois

6 Legislative Investigating Commission authorized by the

7 Commission to carry the weapons specified in subsections

8 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

9 any investigation for the Commission.

10 (8) Persons employed by a financial institution as a

11 security guard for the protection of other employees and

12 property related to such financial institution, while

13 actually engaged in the performance of their duties,

14 commuting between their homes and places of employment, or

15 traveling between sites or properties owned or operated by

16 such financial institution, and who, as a security guard,

17 is a member of a security force registered with the

18 Department; provided that any person so employed has

19 successfully completed a course of study, approved by and

20 supervised by the Department of Financial and Professional

21 Regulation, consisting of not less than 40 hours of

22 training which includes theory of law enforcement,

23 liability for acts, and the handling of weapons. A person

24 shall be considered to be eligible for this exemption if

25 he or she has completed the required 20 hours of training

26 for a security officer and 20 hours of required firearm

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1 training, and has been issued a firearm control card by

2 the Department of Financial and Professional Regulation.

3 Conditions for renewal of firearm control cards issued

4 under the provisions of this Section shall be the same as

5 for those issued under the provisions of the Private

6 Detective, Private Alarm, Private Security, Fingerprint

7 Vendor, and Locksmith Act of 2004. The firearm control

8 card shall be carried by the security guard at all times

9 when he or she is in possession of a concealable weapon

10 permitted by his or her firearm control card. For purposes

11 of this subsection, "financial institution" means a bank,

12 savings and loan association, credit union or company

13 providing armored car services.

14 (9) Any person employed by an armored car company to

15 drive an armored car, while actually engaged in the

16 performance of his duties.

17 (10) Persons who have been classified as peace

18 officers pursuant to the Peace Officer Fire Investigation

19 Act.

20 (11) Investigators of the Office of the State's

21 Attorneys Appellate Prosecutor authorized by the board of

22 governors of the Office of the State's Attorneys Appellate

23 Prosecutor to carry weapons pursuant to Section 7.06 of

24 the State's Attorneys Appellate Prosecutor's Act.

25 (12) Special investigators appointed by a State's

26 Attorney under Section 3-9005 of the Counties Code.

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1 (12.5) Probation officers while in the performance of

2 their duties, or while commuting between their homes,

3 places of employment or specific locations that are part

4 of their assigned duties, with the consent of the chief

5 judge of the circuit for which they are employed, if they

6 have received weapons training according to requirements

7 of the Peace Officer and Probation Officer Firearm

8 Training Act.

9 (13) Court Security Officers while in the performance

10 of their official duties, or while commuting between their

11 homes and places of employment, with the consent of the

12 Sheriff.

13 (13.5) A person employed as an armed security guard at

14 a nuclear energy, storage, weapons or development site or

15 facility regulated by the Nuclear Regulatory Commission

16 who has completed the background screening and training

17 mandated by the rules and regulations of the Nuclear

18 Regulatory Commission.

19 (14) Manufacture, transportation, or sale of weapons

20 to persons authorized under subdivisions (1) through

21 (13.5) of this subsection to possess those weapons.

22 (a-5) Subsections 24-1(a)(4)and 24-1(a)(10) and Section

23 24-1.6do not apply to or affect any person carrying a

24 concealed pistol, revolver, or handgun and the person has been

25 issued a currently valid Firearm Owner's Identification Card

26 under the Firearm Owners Identification Card ~~license under the~~

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1 ~~Firearm Concealed Carry Act~~ at the time of the commission of

2 the offense.

3 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

4 to or affect a qualified current or retired law enforcement

5 officer qualified under the laws of this State or under the

6 federal Law Enforcement Officers Safety Act.

7 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

8 24-1.6 do not apply to or affect any of the following:

9 (1) Members of any club or organization organized for

10 the purpose of practicing shooting at targets upon

11 established target ranges, whether public or private, and

12 patrons of such ranges, while such members or patrons are

13 using their firearms on those target ranges.

14 (2) Duly authorized military or civil organizations

15 while parading, with the special permission of the

16 Governor.

17 (3) Hunters, trappers or fishermen with a license or

18 permit while engaged in hunting, trapping or fishing.

19 (4) Transportation of weapons that are broken down in

20 a non-functioning state or are not immediately accessible.

21 (5) Carrying or possessing any pistol, revolver, stun

22 gun or taser or other firearm on the land or in the legal

23 dwelling of another person as an invitee with that

24 person's permission.

25 (c) Subsection 24-1(a)(7) does not apply to or affect any

26 of the following:

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1 (1) Peace officers while in performance of their

2 official duties.

3 (2) Wardens, superintendents and keepers of prisons,

4 penitentiaries, jails and other institutions for the

5 detention of persons accused or convicted of an offense.

6 (3) Members of the Armed Services or Reserve Forces of

7 the United States or the Illinois National Guard, while in

8 the performance of their official duty.

9 (4) Manufacture, transportation, or sale of machine

10 guns to persons authorized under subdivisions (1) through

11 (3) of this subsection to possess machine guns, if the

12 machine guns are broken down in a non-functioning state or

13 are not immediately accessible.

14 (5) Persons licensed under federal law to manufacture

15 any weapon from which 8 or more shots or bullets can be

16 discharged by a single function of the firing device, or

17 ammunition for such weapons, and actually engaged in the

18 business of manufacturing such weapons or ammunition, but

19 only with respect to activities which are within the

20 lawful scope of such business, such as the manufacture,

21 transportation, or testing of such weapons or ammunition.

22 This exemption does not authorize the general private

23 possession of any weapon from which 8 or more shots or

24 bullets can be discharged by a single function of the

25 firing device, but only such possession and activities as

26 are within the lawful scope of a licensed manufacturing

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1 business described in this paragraph.

2 During transportation, such weapons shall be broken

3 down in a non-functioning state or not immediately

4 accessible.

5 (6) The manufacture, transport, testing, delivery,

6 transfer or sale, and all lawful commercial or

7 experimental activities necessary thereto, of rifles,

8 shotguns, and weapons made from rifles or shotguns, or

9 ammunition for such rifles, shotguns or weapons, where

10 engaged in by a person operating as a contractor or

11 subcontractor pursuant to a contract or subcontract for

12 the development and supply of such rifles, shotguns,

13 weapons or ammunition to the United States government or

14 any branch of the Armed Forces of the United States, when

15 such activities are necessary and incident to fulfilling

16 the terms of such contract.

17 The exemption granted under this subdivision (c)(6)

18 shall also apply to any authorized agent of any such

19 contractor or subcontractor who is operating within the

20 scope of his employment, where such activities involving

21 such weapon, weapons or ammunition are necessary and

22 incident to fulfilling the terms of such contract.

23 (7) A person possessing a rifle with a barrel or

24 barrels less than 16 inches in length if: (A) the person

25 has been issued a Curios and Relics license from the U.S.

26 Bureau of Alcohol, Tobacco, Firearms and Explosives; or

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1 (B) the person is an active member of a bona fide,

2 nationally recognized military re-enacting group and the

3 modification is required and necessary to accurately

4 portray the weapon for historical re-enactment purposes;

5 the re-enactor is in possession of a valid and current

6 re-enacting group membership credential; and the overall

7 length of the weapon as modified is not less than 26

8 inches.

9 (d) Subsection 24-1(a)(1) does not apply to the purchase,

10 possession or carrying of a black-jack or slung-shot by a

11 peace officer.

12 (e) Subsection 24-1(a)(8) does not apply to any owner,

13 manager or authorized employee of any place specified in that

14 subsection nor to any law enforcement officer.

15 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

16 Section 24-1.6 do not apply to members of any club or

17 organization organized for the purpose of practicing shooting

18 at targets upon established target ranges, whether public or

19 private, while using their firearms on those target ranges.

20 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply

21 to:

22 (1) Members of the Armed Services or Reserve Forces of

23 the United States or the Illinois National Guard, while in

24 the performance of their official duty.

25 (2) Bonafide collectors of antique or surplus military

26 ordnance.

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1 (3) Laboratories having a department of forensic

2 ballistics, or specializing in the development of

3 ammunition or explosive ordnance.

4 (4) Commerce, preparation, assembly or possession of

5 explosive bullets by manufacturers of ammunition licensed

6 by the federal government, in connection with the supply

7 of those organizations and persons exempted by subdivision

8 (g)(1) of this Section, or like organizations and persons

9 outside this State, or the transportation of explosive

10 bullets to any organization or person exempted in this

11 Section by a common carrier or by a vehicle owned or leased

12 by an exempted manufacturer.

13 (g-5) Subsection 24-1(a)(6) does not apply to or affect

14 persons licensed under federal law to manufacture any device

15 or attachment of any kind designed, used, or intended for use

16 in silencing the report of any firearm, firearms, or

17 ammunition for those firearms equipped with those devices, and

18 actually engaged in the business of manufacturing those

19 devices, firearms, or ammunition, but only with respect to

20 activities that are within the lawful scope of that business,

21 such as the manufacture, transportation, or testing of those

22 devices, firearms, or ammunition. This exemption does not

23 authorize the general private possession of any device or

24 attachment of any kind designed, used, or intended for use in

25 silencing the report of any firearm, but only such possession

26 and activities as are within the lawful scope of a licensed

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1 manufacturing business described in this subsection (g-5).

2 During transportation, these devices shall be detached from

3 any weapon or not immediately accessible.

4 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

5 24-1.6 do not apply to or affect any parole agent or parole

6 supervisor who meets the qualifications and conditions

7 prescribed in Section 3-14-1.5 of the Unified Code of

8 Corrections.

9 (g-7) Subsection 24-1(a)(6) does not apply to a peace

10 officer while serving as a member of a tactical response team

11 or special operations team. A peace officer may not personally

12 own or apply for ownership of a device or attachment of any

13 kind designed, used, or intended for use in silencing the

14 report of any firearm. These devices shall be owned and

15 maintained by lawfully recognized units of government whose

16 duties include the investigation of criminal acts.

17 (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and

18 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an

19 athlete's possession, transport on official Olympic and

20 Paralympic transit systems established for athletes, or use of

21 competition firearms sanctioned by the International Olympic

22 Committee, the International Paralympic Committee, the

23 International Shooting Sport Federation, or USA Shooting in

24 connection with such athlete's training for and participation

25 in shooting competitions at the 2016 Olympic and Paralympic

26 Games and sanctioned test events leading up to the 2016

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1 Olympic and Paralympic Games.

2 (h) An information or indictment based upon a violation of

3 any subsection of this Article need not negative any

4 exemptions contained in this Article. The defendant shall have

5 the burden of proving such an exemption.

6 (i) Nothing in this Article shall prohibit, apply to, or

7 affect the transportation, carrying, or possession, of any

8 pistol or revolver, stun gun, taser, or other firearm

9 consigned to a common carrier operating under license of the

10 State of Illinois or the federal government, where such

11 transportation, carrying, or possession is incident to the

12 lawful transportation in which such common carrier is engaged;

13 and nothing in this Article shall prohibit, apply to, or

14 affect the transportation, carrying, or possession of any

15 pistol, revolver, stun gun, taser, or other firearm, not the

16 subject of and regulated by subsection 24-1(a)(7) or

17 subsection 24-2(c) of this Article, which is unloaded and

18 enclosed in a case, firearm carrying box, shipping box, or

19 other container, by the possessor of a valid Firearm Owners

20 Identification Card.

21 (Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)

22 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

23 Sec. 24-3. Unlawful sale or delivery of firearms.

24 (A) A person commits the offense of unlawful sale or

25 delivery of firearms when he or she knowingly does any of the

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1 following:

2 (a) Sells or gives any firearm of a size which may be

3 concealed upon the person to any person under 18 years of

4 age.

5 (b) Sells or gives any firearm to a person under 21

6 years of age who has been convicted of a misdemeanor other

7 than a traffic offense or adjudged delinquent.

8 (c) Sells or gives any firearm to any narcotic addict.

9 (d) Sells or gives any firearm to any person who has

10 been convicted of a felony under the laws of this or any

11 other jurisdiction.

12 (e) Sells or gives any firearm to any person who has

13 been a patient in a mental institution within the past 5

14 years. In this subsection (e):

15 "Mental institution" means any hospital,

16 institution, clinic, evaluation facility, mental

17 health center, or part thereof, which is used

18 primarily for the care or treatment of persons with

19 mental illness.

20 "Patient in a mental institution" means the person

21 was admitted, either voluntarily or involuntarily, to

22 a mental institution for mental health treatment,

23 unless the treatment was voluntary and solely for an

24 alcohol abuse disorder and no other secondary

25 substance abuse disorder or mental illness.

26 (f) Sells or gives any firearms to any person who is a

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1 person with an intellectual disability.

2 (g) Delivers any firearm, incidental to a sale,

3 without withholding delivery of the firearm for at least

4 72 hours after application for its purchase has been made,

5 or delivers a stun gun or taser, incidental to a sale,

6 without withholding delivery of the stun gun or taser for

7 at least 24 hours after application for its purchase has

8 been made. However, this paragraph (g) does not apply to:

9 (1) the sale of a firearm to a law enforcement officer if

10 the seller of the firearm knows that the person to whom he

11 or she is selling the firearm is a law enforcement officer

12 or the sale of a firearm to a person who desires to

13 purchase a firearm for use in promoting the public

14 interest incident to his or her employment as a bank

15 guard, armed truck guard, or other similar employment; (2)

16 a mail order sale of a firearm from a federally licensed

17 firearms dealer to a nonresident of Illinois under which

18 the firearm is mailed to a federally licensed firearms

19 dealer outside the boundaries of Illinois; (3) (blank);

20 (4) the sale of a firearm to a dealer licensed as a federal

21 firearms dealer under Section 923 of the federal Gun

22 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or

23 sale of any rifle, shotgun, or other long gun to a resident

24 registered competitor or attendee or non-resident

25 registered competitor or attendee by any dealer licensed

26 as a federal firearms dealer under Section 923 of the

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1 federal Gun Control Act of 1968 at competitive shooting

2 events held at the World Shooting Complex sanctioned by a

3 national governing body. For purposes of transfers or

4 sales under subparagraph (5) of this paragraph (g), the

5 Department of Natural Resources shall give notice to the

6 Department of State Police at least 30 calendar days prior

7 to any competitive shooting events at the World Shooting

8 Complex sanctioned by a national governing body. The

9 notification shall be made on a form prescribed by the

10 Department of State Police. The sanctioning body shall

11 provide a list of all registered competitors and attendees

12 at least 24 hours before the events to the Department of

13 State Police. Any changes to the list of registered

14 competitors and attendees shall be forwarded to the

15 Department of State Police as soon as practicable. The

16 Department of State Police must destroy the list of

17 registered competitors and attendees no later than 30 days

18 after the date of the event. Nothing in this paragraph (g)

19 relieves a federally licensed firearm dealer from the

20 requirements of conducting a NICS background check through

21 the Illinois Point of Contact under 18 U.S.C. 922(t). For

22 purposes of this paragraph (g), "application" means when

23 the buyer and seller reach an agreement to purchase a

24 firearm. For purposes of this paragraph (g), "national

25 governing body" means a group of persons who adopt rules

26 and formulate policy on behalf of a national firearm

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1 sporting organization.

2 (h) While holding any license as a dealer, importer,

3 manufacturer or pawnbroker under the federal Gun Control

4 Act of 1968, manufactures, sells or delivers to any

5 unlicensed person a handgun having a barrel, slide, frame

6 or receiver which is a die casting of zinc alloy or any

7 other nonhomogeneous metal which will melt or deform at a

8 temperature of less than 800 degrees Fahrenheit. For

9 purposes of this paragraph, (1) "firearm" is defined as in

10 the Firearm Owners Identification Card Act; and (2)

11 "handgun" is defined as a firearm designed to be held and

12 fired by the use of a single hand, and includes a

13 combination of parts from which such a firearm can be

14 assembled.

15 (i) Sells or gives a firearm of any size to any person

16 under 18 years of age who does not possess a valid Firearm

17 Owner's Identification Card.

18 (j) Sells or gives a firearm while engaged in the

19 business of selling firearms at wholesale or retail

20 without being licensed as a federal firearms dealer under

21 Section 923 of the federal Gun Control Act of 1968 (18

22 U.S.C. 923). In this paragraph (j):

23 A person "engaged in the business" means a person who

24 devotes time, attention, and labor to engaging in the

25 activity as a regular course of trade or business with the

26 principal objective of livelihood and profit, but does not

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1 include a person who makes occasional repairs of firearms

2 or who occasionally fits special barrels, stocks, or

3 trigger mechanisms to firearms.

4 "With the principal objective of livelihood and

5 profit" means that the intent underlying the sale or

6 disposition of firearms is predominantly one of obtaining

7 livelihood and pecuniary gain, as opposed to other

8 intents, such as improving or liquidating a personal

9 firearms collection; however, proof of profit shall not be

10 required as to a person who engages in the regular and

11 repetitive purchase and disposition of firearms for

12 criminal purposes or terrorism.

13 (k) Sells or transfers ownership of a firearm to a

14 person who does not display to the seller or transferor of

15 the firearm ~~either: (1)~~ a currently valid Firearm Owner's

16 Identification Card that has previously been issued in the

17 transferee's name by the Department of State Police under

18 the provisions of the Firearm Owners Identification Card

19 Act~~; or (2) a currently valid license to carry a concealed~~

20 ~~firearm that has previously been issued in the~~

21 ~~transferee's name by the Department of State Police under~~

22 ~~the Firearm Concealed Carry Act~~. This paragraph (k) does

23 not apply to the transfer of a firearm to a person who is

24 exempt from the requirement of possessing a Firearm

25 Owner's Identification Card under Section 2 of the Firearm

26 Owners Identification Card Act. For the purposes of this

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1 Section, a currently valid Firearm Owner's Identification

2 Card means (i) a Firearm Owner's Identification Card that

3 has not expired or (ii) an approval number issued in

4 accordance with subsection (a-10) of subsection 3 or

5 Section 3.1 of the Firearm Owners Identification Card Act

6 shall be proof that the Firearm Owner's Identification

7 Card was valid.

8 (1) In addition to the other requirements of this

9 paragraph (k), all persons who are not federally

10 licensed firearms dealers must also have complied with

11 subsection (a-10) of Section 3 of the Firearm Owners

12 Identification Card Act by determining the validity of

13 a purchaser's Firearm Owner's Identification Card.

14 (2) All sellers or transferors who have complied

15 with the requirements of subparagraph (1) of this

16 paragraph (k) shall not be liable for damages in any

17 civil action arising from the use or misuse by the

18 transferee of the firearm transferred, except for

19 willful or wanton misconduct on the part of the seller

20 or transferor.

21 (l) Not being entitled to the possession of a firearm,

22 delivers the firearm, knowing it to have been stolen or

23 converted. It may be inferred that a person who possesses

24 a firearm with knowledge that its serial number has been

25 removed or altered has knowledge that the firearm is

26 stolen or converted.

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1 (B) Paragraph (h) of subsection (A) does not include

2 firearms sold within 6 months after enactment of Public Act

3 78-355 (approved August 21, 1973, effective October 1, 1973),

4 nor is any firearm legally owned or possessed by any citizen or

5 purchased by any citizen within 6 months after the enactment

6 of Public Act 78-355 subject to confiscation or seizure under

7 the provisions of that Public Act. Nothing in Public Act

8 78-355 shall be construed to prohibit the gift or trade of any

9 firearm if that firearm was legally held or acquired within 6

10 months after the enactment of that Public Act.

11 (C) Sentence.

12 (1) Any person convicted of unlawful sale or delivery

13 of firearms in violation of paragraph (c), (e), (f), (g),

14 or (h) of subsection (A) commits a Class 4 felony.

15 (2) Any person convicted of unlawful sale or delivery

16 of firearms in violation of paragraph (b) or (i) of

17 subsection (A) commits a Class 3 felony.

18 (3) Any person convicted of unlawful sale or delivery

19 of firearms in violation of paragraph (a) of subsection

20 (A) commits a Class 2 felony.

21 (4) Any person convicted of unlawful sale or delivery

22 of firearms in violation of paragraph (a), (b), or (i) of

23 subsection (A) in any school, on the real property

24 comprising a school, within 1,000 feet of the real

25 property comprising a school, at a school related

26 activity, or on or within 1,000 feet of any conveyance

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1 owned, leased, or contracted by a school or school

2 district to transport students to or from school or a

3 school related activity, regardless of the time of day or

4 time of year at which the offense was committed, commits a

5 Class 1 felony. Any person convicted of a second or

6 subsequent violation of unlawful sale or delivery of

7 firearms in violation of paragraph (a), (b), or (i) of

8 subsection (A) in any school, on the real property

9 comprising a school, within 1,000 feet of the real

10 property comprising a school, at a school related

11 activity, or on or within 1,000 feet of any conveyance

12 owned, leased, or contracted by a school or school

13 district to transport students to or from school or a

14 school related activity, regardless of the time of day or

15 time of year at which the offense was committed, commits a

16 Class 1 felony for which the sentence shall be a term of

17 imprisonment of no less than 5 years and no more than 15

18 years.

19 (5) Any person convicted of unlawful sale or delivery

20 of firearms in violation of paragraph (a) or (i) of

21 subsection (A) in residential property owned, operated, or

22 managed by a public housing agency or leased by a public

23 housing agency as part of a scattered site or mixed-income

24 development, in a public park, in a courthouse, on

25 residential property owned, operated, or managed by a

26 public housing agency or leased by a public housing agency

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1 as part of a scattered site or mixed-income development,

2 on the real property comprising any public park, on the

3 real property comprising any courthouse, or on any public

4 way within 1,000 feet of the real property comprising any

5 public park, courthouse, or residential property owned,

6 operated, or managed by a public housing agency or leased

7 by a public housing agency as part of a scattered site or

8 mixed-income development commits a Class 2 felony.

9 (6) Any person convicted of unlawful sale or delivery

10 of firearms in violation of paragraph (j) of subsection

11 (A) commits a Class A misdemeanor. A second or subsequent

12 violation is a Class 4 felony.

13 (7) Any person convicted of unlawful sale or delivery

14 of firearms in violation of paragraph (k) of subsection

15 (A) commits a Class 4 felony, except that a violation of

16 subparagraph (1) of paragraph (k) of subsection (A) shall

17 not be punishable as a crime or petty offense. A third or

18 subsequent conviction for a violation of paragraph (k) of

19 subsection (A) is a Class 1 felony.

20 (8) A person 18 years of age or older convicted of

21 unlawful sale or delivery of firearms in violation of

22 paragraph (a) or (i) of subsection (A), when the firearm

23 that was sold or given to another person under 18 years of

24 age was used in the commission of or attempt to commit a

25 forcible felony, shall be fined or imprisoned, or both,

26 not to exceed the maximum provided for the most serious

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1 forcible felony so committed or attempted by the person

2 under 18 years of age who was sold or given the firearm.

3 (9) Any person convicted of unlawful sale or delivery

4 of firearms in violation of paragraph (d) of subsection

5 (A) commits a Class 3 felony.

6 (10) Any person convicted of unlawful sale or delivery

7 of firearms in violation of paragraph (l) of subsection

8 (A) commits a Class 2 felony if the delivery is of one

9 firearm. Any person convicted of unlawful sale or delivery

10 of firearms in violation of paragraph (l) of subsection

11 (A) commits a Class 1 felony if the delivery is of not less

12 than 2 and not more than 5 firearms at the same time or

13 within a one year period. Any person convicted of unlawful

14 sale or delivery of firearms in violation of paragraph (l)

15 of subsection (A) commits a Class X felony for which he or

16 she shall be sentenced to a term of imprisonment of not

17 less than 6 years and not more than 30 years if the

18 delivery is of not less than 6 and not more than 10

19 firearms at the same time or within a 2 year period. Any

20 person convicted of unlawful sale or delivery of firearms

21 in violation of paragraph (l) of subsection (A) commits a

22 Class X felony for which he or she shall be sentenced to a

23 term of imprisonment of not less than 6 years and not more

24 than 40 years if the delivery is of not less than 11 and

25 not more than 20 firearms at the same time or within a 3

26 year period. Any person convicted of unlawful sale or

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1 delivery of firearms in violation of paragraph (l) of

2 subsection (A) commits a Class X felony for which he or she

3 shall be sentenced to a term of imprisonment of not less

4 than 6 years and not more than 50 years if the delivery is

5 of not less than 21 and not more than 30 firearms at the

6 same time or within a 4 year period. Any person convicted

7 of unlawful sale or delivery of firearms in violation of

8 paragraph (l) of subsection (A) commits a Class X felony

9 for which he or she shall be sentenced to a term of

10 imprisonment of not less than 6 years and not more than 60

11 years if the delivery is of 31 or more firearms at the same

12 time or within a 5 year period.

13 (D) For purposes of this Section:

14 "School" means a public or private elementary or secondary

15 school, community college, college, or university.

16 "School related activity" means any sporting, social,

17 academic, or other activity for which students' attendance or

18 participation is sponsored, organized, or funded in whole or

19 in part by a school or school district.

20 (E) A prosecution for a violation of paragraph (k) of

21 subsection (A) of this Section may be commenced within 6 years

22 after the commission of the offense. A prosecution for a

23 violation of this Section other than paragraph (g) of

24 subsection (A) of this Section may be commenced within 5 years

25 after the commission of the offense defined in the particular

26 paragraph.

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1 (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;

2 99-642, eff. 7-28-16; 100-606, eff. 1-1-19.)

3 Section 50. The Unified Code of Corrections is amended by

4 changing Section 5-6-1 as follows:

5 (730 ILCS 5/5-6-1) (from Ch. 38, par. 1005-6-1)

6 Sec. 5-6-1. Sentences of probation and of conditional

7 discharge and disposition of supervision. The General

8 Assembly finds that in order to protect the public, the

9 criminal justice system must compel compliance with the

10 conditions of probation by responding to violations with

11 swift, certain and fair punishments and intermediate

12 sanctions. The Chief Judge of each circuit shall adopt a

13 system of structured, intermediate sanctions for violations of

14 the terms and conditions of a sentence of probation,

15 conditional discharge or disposition of supervision.

16 (a) Except where specifically prohibited by other

17 provisions of this Code, the court shall impose a sentence of

18 probation or conditional discharge upon an offender unless,

19 having regard to the nature and circumstance of the offense,

20 and to the history, character and condition of the offender,

21 the court is of the opinion that:

22 (1) his imprisonment or periodic imprisonment is

23 necessary for the protection of the public; or

24 (2) probation or conditional discharge would deprecate

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1 the seriousness of the offender's conduct and would be

2 inconsistent with the ends of justice; or

3 (3) a combination of imprisonment with concurrent or

4 consecutive probation when an offender has been admitted

5 into a drug court program under Section 20 of the Drug

6 Court Treatment Act is necessary for the protection of the

7 public and for the rehabilitation of the offender.

8 The court shall impose as a condition of a sentence of

9 probation, conditional discharge, or supervision, that the

10 probation agency may invoke any sanction from the list of

11 intermediate sanctions adopted by the chief judge of the

12 circuit court for violations of the terms and conditions of

13 the sentence of probation, conditional discharge, or

14 supervision, subject to the provisions of Section 5-6-4 of

15 this Act.

16 (b) The court may impose a sentence of conditional

17 discharge for an offense if the court is of the opinion that

18 neither a sentence of imprisonment nor of periodic

19 imprisonment nor of probation supervision is appropriate.

20 (b-1) Subsections (a) and (b) of this Section do not apply

21 to a defendant charged with a misdemeanor or felony under the

22 Illinois Vehicle Code or reckless homicide under Section 9-3

23 of the Criminal Code of 1961 or the Criminal Code of 2012 if

24 the defendant within the past 12 months has been convicted of

25 or pleaded guilty to a misdemeanor or felony under the

26 Illinois Vehicle Code or reckless homicide under Section 9-3

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1 of the Criminal Code of 1961 or the Criminal Code of 2012.

2 (c) The court may, upon a plea of guilty or a stipulation

3 by the defendant of the facts supporting the charge or a

4 finding of guilt, defer further proceedings and the imposition

5 of a sentence, and enter an order for supervision of the

6 defendant, if the defendant is not charged with: (i) a Class A

7 misdemeanor, as defined by the following provisions of the

8 Criminal Code of 1961 or the Criminal Code of 2012: Sections

9 11-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;

10 31-7; paragraphs (2) and (3) of subsection (a) of Section

11 21-1; paragraph (1) through (5), (8), (10), and (11) of

12 subsection (a) of Section 24-1; (ii) a Class A misdemeanor

13 violation of Section 3.01, 3.03-1, or 4.01 of the Humane Care

14 for Animals Act; or (iii) a felony. If the defendant is not

15 barred from receiving an order for supervision as provided in

16 this subsection, the court may enter an order for supervision

17 after considering the circumstances of the offense, and the

18 history, character and condition of the offender, if the court

19 is of the opinion that:

20 (1) the offender is not likely to commit further

21 crimes;

22 (2) the defendant and the public would be best served

23 if the defendant were not to receive a criminal record;

24 and

25 (3) in the best interests of justice an order of

26 supervision is more appropriate than a sentence otherwise

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1 permitted under this Code.

2 (c-5) Subsections (a), (b), and (c) of this Section do not

3 apply to a defendant charged with a second or subsequent

4 violation of Section 6-303 of the Illinois Vehicle Code

5 committed while his or her driver's license, permit or

6 privileges were revoked because of a violation of Section 9-3

7 of the Criminal Code of 1961 or the Criminal Code of 2012,

8 relating to the offense of reckless homicide, or a similar

9 provision of a law of another state.

10 (d) The provisions of paragraph (c) shall not apply to a

11 defendant charged with violating Section 11-501 of the

12 Illinois Vehicle Code or a similar provision of a local

13 ordinance when the defendant has previously been:

14 (1) convicted for a violation of Section 11-501 of the

15 Illinois Vehicle Code or a similar provision of a local

16 ordinance or any similar law or ordinance of another

17 state; or

18 (2) assigned supervision for a violation of Section

19 11-501 of the Illinois Vehicle Code or a similar provision

20 of a local ordinance or any similar law or ordinance of

21 another state; or

22 (3) pleaded guilty to or stipulated to the facts

23 supporting a charge or a finding of guilty to a violation

24 of Section 11-503 of the Illinois Vehicle Code or a

25 similar provision of a local ordinance or any similar law

26 or ordinance of another state, and the plea or stipulation

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1 was the result of a plea agreement.

2 The court shall consider the statement of the prosecuting

3 authority with regard to the standards set forth in this

4 Section.

5 (e) The provisions of paragraph (c) shall not apply to a

6 defendant charged with violating Section 16-25 or 16A-3 of the

7 Criminal Code of 1961 or the Criminal Code of 2012 if said

8 defendant has within the last 5 years been:

9 (1) convicted for a violation of Section 16-25 or

10 16A-3 of the Criminal Code of 1961 or the Criminal Code of

11 2012; or

12 (2) assigned supervision for a violation of Section

13 16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal

14 Code of 2012.

15 The court shall consider the statement of the prosecuting

16 authority with regard to the standards set forth in this

17 Section.

18 (f) The provisions of paragraph (c) shall not apply to a

19 defendant charged with: (1) violating Sections 15-111, 15-112,

20 15-301, paragraph (b) of Section 6-104, Section 11-605,

21 paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or

22 Section 11-1414 of the Illinois Vehicle Code or a similar

23 provision of a local ordinance; or (2) committing a Class A

24 misdemeanor under subsection (c) of Section 11-907 of the

25 Illinois Vehicle Code or a similar provision of a local

26 ordinance.

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1 (g) Except as otherwise provided in paragraph (i) of this

2 Section, the provisions of paragraph (c) shall not apply to a

3 defendant charged with violating Section 3-707, 3-708, 3-710,

4 or 5-401.3 of the Illinois Vehicle Code or a similar provision

5 of a local ordinance if the defendant has within the last 5

6 years been:

7 (1) convicted for a violation of Section 3-707, 3-708,

8 3-710, or 5-401.3 of the Illinois Vehicle Code or a

9 similar provision of a local ordinance; or

10 (2) assigned supervision for a violation of Section

11 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle

12 Code or a similar provision of a local ordinance.

13 The court shall consider the statement of the prosecuting

14 authority with regard to the standards set forth in this

15 Section.

16 (h) The provisions of paragraph (c) shall not apply to a

17 defendant under the age of 21 years charged with violating a

18 serious traffic offense as defined in Section 1-187.001 of the

19 Illinois Vehicle Code:

20 (1) unless the defendant, upon payment of the fines,

21 penalties, and costs provided by law, agrees to attend and

22 successfully complete a traffic safety program approved by

23 the court under standards set by the Conference of Chief

24 Circuit Judges. The accused shall be responsible for

25 payment of any traffic safety program fees. If the accused

26 fails to file a certificate of successful completion on or

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1 before the termination date of the supervision order, the

2 supervision shall be summarily revoked and conviction

3 entered. The provisions of Supreme Court Rule 402 relating

4 to pleas of guilty do not apply in cases when a defendant

5 enters a guilty plea under this provision; or

6 (2) if the defendant has previously been sentenced

7 under the provisions of paragraph (c) on or after January

8 1, 1998 for any serious traffic offense as defined in

9 Section 1-187.001 of the Illinois Vehicle Code.

10 (h-1) The provisions of paragraph (c) shall not apply to a

11 defendant under the age of 21 years charged with an offense

12 against traffic regulations governing the movement of vehicles

13 or any violation of Section 6-107 or Section 12-603.1 of the

14 Illinois Vehicle Code, unless the defendant, upon payment of

15 the fines, penalties, and costs provided by law, agrees to

16 attend and successfully complete a traffic safety program

17 approved by the court under standards set by the Conference of

18 Chief Circuit Judges. The accused shall be responsible for

19 payment of any traffic safety program fees. If the accused

20 fails to file a certificate of successful completion on or

21 before the termination date of the supervision order, the

22 supervision shall be summarily revoked and conviction entered.

23 The provisions of Supreme Court Rule 402 relating to pleas of

24 guilty do not apply in cases when a defendant enters a guilty

25 plea under this provision.

26 (i) The provisions of paragraph (c) shall not apply to a

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1 defendant charged with violating Section 3-707 of the Illinois

2 Vehicle Code or a similar provision of a local ordinance if the

3 defendant has been assigned supervision for a violation of

4 Section 3-707 of the Illinois Vehicle Code or a similar

5 provision of a local ordinance.

6 (j) The provisions of paragraph (c) shall not apply to a

7 defendant charged with violating Section 6-303 of the Illinois

8 Vehicle Code or a similar provision of a local ordinance when

9 the revocation or suspension was for a violation of Section

10 11-501 or a similar provision of a local ordinance or a

11 violation of Section 11-501.1 or paragraph (b) of Section

12 11-401 of the Illinois Vehicle Code if the defendant has

13 within the last 10 years been:

14 (1) convicted for a violation of Section 6-303 of the

15 Illinois Vehicle Code or a similar provision of a local

16 ordinance; or

17 (2) assigned supervision for a violation of Section

18 6-303 of the Illinois Vehicle Code or a similar provision

19 of a local ordinance.

20 (k) The provisions of paragraph (c) shall not apply to a

21 defendant charged with violating any provision of the Illinois

22 Vehicle Code or a similar provision of a local ordinance that

23 governs the movement of vehicles if, within the 12 months

24 preceding the date of the defendant's arrest, the defendant

25 has been assigned court supervision on 2 occasions for a

26 violation that governs the movement of vehicles under the

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1 Illinois Vehicle Code or a similar provision of a local

2 ordinance. The provisions of this paragraph (k) do not apply

3 to a defendant charged with violating Section 11-501 of the

4 Illinois Vehicle Code or a similar provision of a local

5 ordinance.

6 (l) (Blank).

7 (m) (Blank).

8 (n) The provisions of paragraph (c) shall not apply to any

9 person under the age of 18 who commits an offense against

10 traffic regulations governing the movement of vehicles or any

11 violation of Section 6-107 or Section 12-603.1 of the Illinois

12 Vehicle Code, except upon personal appearance of the defendant

13 in court and upon the written consent of the defendant's

14 parent or legal guardian, executed before the presiding judge.

15 The presiding judge shall have the authority to waive this

16 requirement upon the showing of good cause by the defendant.

17 (o) The provisions of paragraph (c) shall not apply to a

18 defendant charged with violating Section 6-303 of the Illinois

19 Vehicle Code or a similar provision of a local ordinance when

20 the suspension was for a violation of Section 11-501.1 of the

21 Illinois Vehicle Code and when:

22 (1) at the time of the violation of Section 11-501.1

23 of the Illinois Vehicle Code, the defendant was a first

24 offender pursuant to Section 11-500 of the Illinois

25 Vehicle Code and the defendant failed to obtain a

26 monitoring device driving permit; or

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1 (2) at the time of the violation of Section 11-501.1

2 of the Illinois Vehicle Code, the defendant was a first

3 offender pursuant to Section 11-500 of the Illinois

4 Vehicle Code, had subsequently obtained a monitoring

5 device driving permit, but was driving a vehicle not

6 equipped with a breath alcohol ignition interlock device

7 as defined in Section 1-129.1 of the Illinois Vehicle

8 Code.

9 (p) The provisions of paragraph (c) shall not apply to a

10 defendant charged with violating Section 11-601.5 of the

11 Illinois Vehicle Code or a similar provision of a local

12 ordinance when the defendant has previously been:

13 (1) convicted for a violation of Section 11-601.5 of

14 the Illinois Vehicle Code or a similar provision of a

15 local ordinance or any similar law or ordinance of another

16 state; or

17 (2) assigned supervision for a violation of Section

18 11-601.5 of the Illinois Vehicle Code or a similar

19 provision of a local ordinance or any similar law or

20 ordinance of another state.

21 (q) The provisions of paragraph (c) shall not apply to a

22 defendant charged with violating subsection (b) of Section

23 11-601 or Section 11-601.5 of the Illinois Vehicle Code when

24 the defendant was operating a vehicle, in an urban district,

25 at a speed that is 26 miles per hour or more in excess of the

26 applicable maximum speed limit established under Chapter 11 of

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1 the Illinois Vehicle Code.

2 (r) The provisions of paragraph (c) shall not apply to a

3 defendant charged with violating any provision of the Illinois

4 Vehicle Code or a similar provision of a local ordinance if the

5 violation was the proximate cause of the death of another and

6 the defendant's driving abstract contains a prior conviction

7 or disposition of court supervision for any violation of the

8 Illinois Vehicle Code, other than an equipment violation, or a

9 suspension, revocation, or cancellation of the driver's

10 license.

11 (s) (Blank). ~~The provisions of paragraph (c) shall not~~

12 ~~apply to a defendant charged with violating subsection (i) of~~

13 ~~Section 70 of the Firearm Concealed Carry Act.~~

14 (Source: P.A. 100-987, eff. 7-1-19; 101-173, eff. 1-1-20.)