104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB0298

Introduced 1/24/2025, by Sen. Neil Anderson

SYNOPSIS AS INTRODUCED:

See Index

Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately.

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A BILL FOR

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1 AN ACT concerning firearms.

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

3 represented in the General Assembly:

4 Section 3. 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 (4.5) Evidence or testimony presented to a school

5 board regarding denial of admission to school events or

6 property pursuant to Section 24-24 of the School Code,

7 provided that the school board prepares and makes

8 available for public inspection a written decision setting

9 forth its determinative reasoning.

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

11 of the public body, including meetings held for the

12 purpose of discussing whether a particular parcel should

13 be acquired.

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

15 property owned by the public body.

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

17 or investment contracts. This exception shall not apply to

18 the investment of assets or income of funds deposited into

19 the Illinois Prepaid Tuition Trust Fund.

20 (8) Security procedures, school building safety and

21 security, and the use of personnel and equipment to

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

23 potential danger to the safety of employees, students,

24 staff, the public, or public property.

25 (9) Student disciplinary cases.

26 (10) The placement of individual students in special

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1 education programs and other matters relating to

2 individual students.

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

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

5 is pending before a court or administrative tribunal, or

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

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

8 recorded and entered into the minutes of the closed

9 meeting.

10 (12) The establishment of reserves or settlement of

11 claims as provided in the Local Governmental and

12 Governmental Employees Tort Immunity Act, if otherwise the

13 disposition of a claim or potential claim might be

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

15 risk management information, records, data, advice or

16 communications from or with respect to any insurer of the

17 public body or any intergovernmental risk management

18 association or self insurance pool of which the public

19 body is a member.

20 (13) Conciliation of complaints of discrimination in

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

22 authorized by the law or ordinance prescribing fair

23 housing practices and creating a commission or

24 administrative agency for their enforcement.

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

26 undercover personnel or equipment, or ongoing, prior or

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1 future criminal investigations, when discussed by a public

2 body with criminal investigatory responsibilities.

3 (15) Professional ethics or performance when

4 considered by an advisory body appointed to advise a

5 licensing or regulatory agency on matters germane to the

6 advisory body's field of competence.

7 (16) Self evaluation, practices and procedures or

8 professional ethics, when meeting with a representative of

9 a statewide association of which the public body is a

10 member.

11 (17) The recruitment, credentialing, discipline or

12 formal peer review of physicians or other health care

13 professionals, or for the discussion of matters protected

14 under the federal Patient Safety and Quality Improvement

15 Act of 2005, and the regulations promulgated thereunder,

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

17 Health Insurance Portability and Accountability Act of

18 1996, and the regulations promulgated thereunder,

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

20 hospital, or other institution providing medical care,

21 that is operated by the public body.

22 (18) Deliberations for decisions of the Prisoner

23 Review Board.

24 (19) Review or discussion of applications received

25 under the Experimental Organ Transplantation Procedures

26 Act.

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1 (20) The classification and discussion of matters

2 classified as confidential or continued confidential by

3 the State Government Suggestion Award Board.

4 (21) Discussion of minutes of meetings lawfully closed

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

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

7 as mandated by Section 2.06.

8 (22) Deliberations for decisions of the State

9 Emergency Medical Services Disciplinary Review Board.

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

11 utility or the operation of a municipal power agency or

12 municipal natural gas agency when the discussion involves

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

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

15 conclusions of load forecast studies.

16 (24) Meetings of a residential health care facility

17 resident sexual assault and death review team or the

18 Executive Council under the Abuse Prevention Review Team

19 Act.

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

21 Brian's Law.

22 (26) Meetings of a mortality review team appointed

23 under the Department of Juvenile Justice Mortality Review

24 Team Act.

25 (27) (Blank).

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

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

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

3 the Illinois Public Aid Code.

4 (29) Meetings between internal or external auditors

5 and governmental audit committees, finance committees, and

6 their equivalents, when the discussion involves internal

7 control weaknesses, identification of potential fraud risk

8 areas, known or suspected frauds, and fraud interviews

9 conducted in accordance with generally accepted auditing

10 standards of the United States of America.

11 (30) (Blank).

12 (31) Meetings and deliberations for decisions of the

13 Concealed Carry Licensing Review Board under the Firearm

14 Concealed Carry Act.

15 (32) Meetings between the Regional Transportation

16 Authority Board and its Service Boards when the discussion

17 involves review by the Regional Transportation Authority

18 Board of employment contracts under Section 28d of the

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

20 3B.26 of the Regional Transportation Authority Act.

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

22 advisory committee and peer review subcommittee created

23 under Section 320 of the Illinois Controlled Substances

24 Act during which specific controlled substance prescriber,

25 dispenser, or patient information is discussed.

26 (34) Meetings of the Tax Increment Financing Reform

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

2 Revenue Law of the Civil Administrative Code of Illinois.

3 (35) Meetings of the group established to discuss

4 Medicaid capitation rates under Section 5-30.8 of the

5 Illinois Public Aid Code.

6 (36) Those deliberations or portions of deliberations

7 for decisions of the Illinois Gaming Board in which there

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

9 commercial, financial, or other information obtained from

10 any source that is privileged, proprietary, confidential,

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

12 exempted from the disclosure by federal or State law.

13 (37) Deliberations for decisions of the Illinois Law

14 Enforcement Training Standards Board, the Certification

15 Review Panel, and the Illinois State Police Merit Board

16 regarding certification and decertification.

17 (38) Meetings of the Ad Hoc Statewide Domestic

18 Violence Fatality Review Committee of the Illinois

19 Criminal Justice Information Authority Board that occur in

20 closed executive session under subsection (d) of Section

21 35 of the Domestic Violence Fatality Review Act.

22 (39) Meetings of the regional review teams under

23 subsection (a) of Section 75 of the Domestic Violence

24 Fatality Review Act.

25 (40) Meetings of the Firearm Owner's Identification

26 Card Review Board under Section 10 of the Firearm Owners

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1 Identification Card Act before the effective date of this

2 amendatory Act of the 104th General Assembly.

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

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

5 relationship with the public body constitutes an

6 employer-employee relationship under the usual common law

7 rules, and who is not an independent contractor.

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

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

10 charged with the exercise of some portion of the sovereign

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

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

13 organizational positions filled by members thereof, whether

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

15 assist the body in the conduct of its business.

16 "Quasi-adjudicative body" means an administrative body

17 charged by law or ordinance with the responsibility to conduct

18 hearings, receive evidence or testimony and make

19 determinations based thereon, but does not include local

20 electoral boards when such bodies are considering petition

21 challenges.

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

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

24 the nature of the matter being considered and other

25 information that will inform the public of the business being

26 conducted.

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1 (Source: P.A. 102-237, eff. 1-1-22; 102-520, eff. 8-20-21;

2 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-311, eff.

3 7-28-23; 103-626, eff. 1-1-25.)

4 Section 5. The Freedom of Information Act is amended by

5 changing Section 7.5 as follows:

6 (5 ILCS 140/7.5)

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

8 by the statutes referenced below, the following shall be

9 exempt from inspection and copying:

10 (a) All information determined to be confidential

11 under Section 4002 of the Technology Advancement and

12 Development Act.

13 (b) Library circulation and order records identifying

14 library users with specific materials under the Library

15 Records Confidentiality Act.

16 (c) Applications, related documents, and medical

17 records received by the Experimental Organ Transplantation

18 Procedures Board and any and all documents or other

19 records prepared by the Experimental Organ Transplantation

20 Procedures Board or its staff relating to applications it

21 has received.

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

23 Public Health and its authorized representatives relating

24 to known or suspected cases of sexually transmitted

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1 infection or any information the disclosure of which is

2 restricted under the Illinois Sexually Transmitted

3 Infection Control Act.

4 (e) Information the disclosure of which is exempted

5 under Section 30 of the Radon Industry Licensing Act.

6 (f) Firm performance evaluations under Section 55 of

7 the Architectural, Engineering, and Land Surveying

8 Qualifications Based Selection Act.

9 (g) Information the disclosure of which is restricted

10 and exempted under Section 50 of the Illinois Prepaid

11 Tuition Act.

12 (h) Information the disclosure of which is exempted

13 under the State Officials and Employees Ethics Act, and

14 records of any lawfully created State or local inspector

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

16 obtained by an Executive Inspector General's office under

17 that Act.

18 (i) Information contained in a local emergency energy

19 plan submitted to a municipality in accordance with a

20 local emergency energy plan ordinance that is adopted

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

22 (j) Information and data concerning the distribution

23 of surcharge moneys collected and remitted by carriers

24 under the Emergency Telephone System Act.

25 (k) Law enforcement officer identification information

26 or driver identification information compiled by a law

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1 enforcement agency or the Department of Transportation

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

3 (l) Records and information provided to a residential

4 health care facility resident sexual assault and death

5 review team or the Executive Council under the Abuse

6 Prevention Review Team Act.

7 (m) Information provided to the predatory lending

8 database created pursuant to Article 3 of the Residential

9 Real Property Disclosure Act, except to the extent

10 authorized under that Article.

11 (n) Defense budgets and petitions for certification of

12 compensation and expenses for court appointed trial

13 counsel as provided under Sections 10 and 15 of the

14 Capital Crimes Litigation Act (repealed). This subsection

15 (n) shall apply until the conclusion of the trial of the

16 case, even if the prosecution chooses not to pursue the

17 death penalty prior to trial or sentencing.

18 (o) Information that is prohibited from being

19 disclosed under Section 4 of the Illinois Health and

20 Hazardous Substances Registry Act.

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

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

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

24 Department of Transportation under Sections 2705-300 and

25 2705-616 of the Department of Transportation Law of the

26 Civil Administrative Code of Illinois, the Regional

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1 Transportation Authority under Section 2.11 of the

2 Regional Transportation Authority Act, or the St. Clair

3 County Transit District under the Bi-State Transit Safety

4 Act (repealed).

5 (q) Information prohibited from being disclosed by the

6 Personnel Record Review Act.

7 (r) Information prohibited from being disclosed by the

8 Illinois School Student Records Act.

9 (s) Information the disclosure of which is restricted

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

11 (t) (Blank).

12 (u) Records and information provided to an independent

13 team of experts under the Developmental Disability and

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

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

16 for or received Firearm Owner's Identification Cards under

17 the Firearm Owners Identification Card Act before the

18 effective date of this amendatory Act of the 104th General

19 Assembly or applied for or received a concealed carry

20 license under the Firearm Concealed Carry Act, unless

21 otherwise authorized by the Firearm Concealed Carry Act;

22 and databases under the Firearm Concealed Carry Act,

23 records of the Concealed Carry Licensing Review Board

24 under the Firearm Concealed Carry Act, and law enforcement

25 agency objections under the Firearm Concealed Carry Act.

26 (v-5) Records of the Firearm Owner's Identification

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1 Card Review Board that were ~~are~~ exempted from disclosure

2 under Section 10 of the Firearm Owners Identification Card

3 Act before the effective date of this amendatory Act of

4 the 104th General Assembly.

5 (w) Personally identifiable information which is

6 exempted from disclosure under subsection (g) of Section

7 19.1 of the Toll Highway Act.

8 (x) Information which is exempted from disclosure

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

10 8-11-21 of the Illinois Municipal Code.

11 (y) Confidential information under the Adult

12 Protective Services Act and its predecessor enabling

13 statute, the Elder Abuse and Neglect Act, including

14 information about the identity and administrative finding

15 against any caregiver of a verified and substantiated

16 decision of abuse, neglect, or financial exploitation of

17 an eligible adult maintained in the Registry established

18 under Section 7.5 of the Adult Protective Services Act.

19 (z) Records and information provided to a fatality

20 review team or the Illinois Fatality Review Team Advisory

21 Council under Section 15 of the Adult Protective Services

22 Act.

23 (aa) Information which is exempted from disclosure

24 under Section 2.37 of the Wildlife Code.

25 (bb) Information which is or was prohibited from

26 disclosure by the Juvenile Court Act of 1987.

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1 (cc) Recordings made under the Law Enforcement

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

3 authorized under that Act.

4 (dd) Information that is prohibited from being

5 disclosed under Section 45 of the Condominium and Common

6 Interest Community Ombudsperson Act.

7 (ee) Information that is exempted from disclosure

8 under Section 30.1 of the Pharmacy Practice Act.

9 (ff) Information that is exempted from disclosure

10 under the Revised Uniform Unclaimed Property Act.

11 (gg) Information that is prohibited from being

12 disclosed under Section 7-603.5 of the Illinois Vehicle

13 Code.

14 (hh) Records that are exempt from disclosure under

15 Section 1A-16.7 of the Election Code.

16 (ii) Information which is exempted from disclosure

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

18 the Civil Administrative Code of Illinois.

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

20 submitted to the Department of Labor by registering day

21 and temporary labor service agencies but are exempt from

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

23 and Temporary Labor Services Act.

24 (kk) Information prohibited from disclosure under the

25 Seizure and Forfeiture Reporting Act.

26 (ll) Information the disclosure of which is restricted

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

2 Aid Code.

3 (mm) Records that are exempt from disclosure under

4 Section 4.2 of the Crime Victims Compensation Act.

5 (nn) Information that is exempt from disclosure under

6 Section 70 of the Higher Education Student Assistance Act.

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

8 arising out of a peer support counseling session

9 prohibited from disclosure under the First Responders

10 Suicide Prevention Act.

11 (pp) Names and all identifying information relating to

12 an employee of an emergency services provider or law

13 enforcement agency under the First Responders Suicide

14 Prevention Act.

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

16 Public Health and its authorized representatives collected

17 under the Reproductive Health Act.

18 (rr) Information that is exempt from disclosure under

19 the Cannabis Regulation and Tax Act.

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

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

22 Human Rights Act.

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

24 Center Act, except to the extent authorized under that

25 Act.

26 (uu) Information that is exempt from disclosure under

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1 Section 50 of the Sexual Assault Evidence Submission Act.

2 (vv) Information that is exempt from disclosure under

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

4 Public Aid Code.

5 (ww) Information that is exempt from disclosure under

6 Section 16.8 of the State Treasurer Act.

7 (xx) Information that is exempt from disclosure or

8 information that shall not be made public under the

9 Illinois Insurance Code.

10 (yy) Information prohibited from being disclosed under

11 the Illinois Educational Labor Relations Act.

12 (zz) Information prohibited from being disclosed under

13 the Illinois Public Labor Relations Act.

14 (aaa) Information prohibited from being disclosed

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

16 (bbb) Information that is prohibited from disclosure

17 by the Illinois Police Training Act and the Illinois State

18 Police Act.

19 (ccc) Records exempt from disclosure under Section

20 2605-304 of the Illinois State Police Law of the Civil

21 Administrative Code of Illinois.

22 (ddd) Information prohibited from being disclosed

23 under Section 35 of the Address Confidentiality for

24 Victims of Domestic Violence, Sexual Assault, Human

25 Trafficking, or Stalking Act.

26 (eee) Information prohibited from being disclosed

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1 under subsection (b) of Section 75 of the Domestic

2 Violence Fatality Review Act.

3 (fff) Images from cameras under the Expressway Camera

4 Act. This subsection (fff) is inoperative on and after

5 July 1, 2025.

6 (ggg) Information prohibited from disclosure under

7 paragraph (3) of subsection (a) of Section 14 of the Nurse

8 Agency Licensing Act.

9 (hhh) Information submitted to the Illinois State

10 Police in an affidavit or application for an assault

11 weapon endorsement, assault weapon attachment endorsement,

12 .50 caliber rifle endorsement, or .50 caliber cartridge

13 endorsement ~~under the Firearm Owners Identification Card~~

14 ~~Act~~.

15 (iii) Data exempt from disclosure under Section 50 of

16 the School Safety Drill Act.

17 (jjj) Information exempt from disclosure under Section

18 30 of the Insurance Data Security Law.

19 (kkk) Confidential business information prohibited

20 from disclosure under Section 45 of the Paint Stewardship

21 Act.

22 (lll) Data exempt from disclosure under Section

23 2-3.196 of the School Code.

24 (mmm) Information prohibited from being disclosed

25 under subsection (e) of Section 1-129 of the Illinois

26 Power Agency Act.

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1 (nnn) Materials received by the Department of Commerce

2 and Economic Opportunity that are confidential under the

3 Music and Musicians Tax Credit and Jobs Act.

4 (ooo) ~~(nnn)~~ Data or information provided pursuant to

5 Section 20 of the Statewide Recycling Needs and Assessment

6 Act.

7 (ppp) ~~(nnn)~~ Information that is exempt from disclosure

8 under Section 28-11 of the Lawful Health Care Activity

9 Act.

10 (qqq) ~~(nnn)~~ Information that is exempt from disclosure

11 under Section 7-101 of the Illinois Human Rights Act.

12 (rrr) ~~(mmm)~~ Information prohibited from being

13 disclosed under Section 4-2 of the Uniform Money

14 Transmission Modernization Act.

15 (sss) ~~(nnn)~~ Information exempt from disclosure under

16 Section 40 of the Student-Athlete Endorsement Rights Act.

17 (Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;

18 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.

19 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;

20 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.

21 6-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,

22 eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;

23 103-580, eff. 12-8-23; 103-592, eff. 6-7-24; 103-605, eff.

24 7-1-24; 103-636, eff. 7-1-24; 103-724, eff. 1-1-25; 103-786,

25 eff. 8-7-24; 103-859, eff. 8-9-24; 103-991, eff. 8-9-24;

26 103-1049, eff. 8-9-24; revised 11-26-24.)

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1 Section 5.5. The Illinois TRUST Act is amended by changing

2 Section 15 as follows:

3 (5 ILCS 805/15)

4 Sec. 15. Prohibition on enforcing federal civil

5 immigration laws.

6 (a) A law enforcement agency or law enforcement official

7 shall not detain or continue to detain any individual solely

8 on the basis of any immigration detainer or civil immigration

9 warrant or otherwise comply with an immigration detainer or

10 civil immigration warrant.

11 (b) A law enforcement agency or law enforcement official

12 shall not stop, arrest, search, detain, or continue to detain

13 a person solely based on an individual's citizenship or

14 immigration status.

15 (c) (Blank).

16 (d) A law enforcement agency or law enforcement official

17 acting in good faith in compliance with this Section who

18 releases a person subject to an immigration detainer or civil

19 immigration warrant shall have immunity from any civil or

20 criminal liability that might otherwise occur as a result of

21 making the release, with the exception of willful or wanton

22 misconduct.

23 (e) A law enforcement agency or law enforcement official

24 may not inquire about or investigate the citizenship or

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1 immigration status or place of birth of any individual in the

2 agency or official's custody or who has otherwise been stopped

3 or detained by the agency or official. Nothing in this

4 subsection shall be construed to limit the ability of a law

5 enforcement agency or law enforcement official, pursuant to

6 State or federal law, to notify a person in the law enforcement

7 agency's custody about that person's right to communicate with

8 consular officers from that person's country of nationality,

9 or facilitate such communication, in accordance with the

10 Vienna Convention on Consular Relations or other bilateral

11 agreements. Nothing in this subsection shall be construed to

12 limit the ability of a law enforcement agency or law

13 enforcement official to request evidence of citizenship or

14 immigration status pursuant to ~~the Firearm Owners~~

15 ~~Identification Card Act,~~ the Firearm Concealed Carry Act,

16 Article 24 of the Criminal Code of 2012, or 18 United States

17 Code Sections 921 through 931.

18 (f) Unless otherwise limited by federal law, a law

19 enforcement agency or law enforcement official may not deny

20 services, benefits, privileges, or opportunities to an

21 individual in custody or under probation status, including,

22 but not limited to, eligibility for or placement in a lower

23 custody classification, educational, rehabilitative, or

24 diversionary programs, on the basis of the individual's

25 citizenship or immigration status, the issuance of an

26 immigration detainer or civil immigration warrant against the

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1 individual, or the individual being in immigration removal

2 proceedings.

3 (g)(1) No law enforcement agency, law enforcement

4 official, or any unit of State or local government may enter

5 into or renew any contract, intergovernmental service

6 agreement, or any other agreement to house or detain

7 individuals for federal civil immigration violations.

8 (2) Any law enforcement agency, law enforcement official,

9 or unit of State or local government with an existing

10 contract, intergovernmental agreement, or other agreement,

11 whether in whole or in part, that is utilized to house or

12 detain individuals for civil immigration violations shall

13 exercise the termination provision in the agreement as applied

14 to housing or detaining individuals for civil immigration

15 violations no later than January 1, 2022.

16 (h) Unless presented with a federal criminal warrant, or

17 otherwise required by federal law, a law enforcement agency or

18 official may not:

19 (1) participate, support, or assist in any capacity

20 with an immigration agent's enforcement operations,

21 including any collateral assistance such as coordinating

22 an arrest in a courthouse or other public facility,

23 providing use of any equipment, transporting any

24 individuals, or establishing a security or traffic

25 perimeter surrounding such operations, or any other

26 on-site support;

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1 (2) give any immigration agent access, including by

2 telephone, to any individual who is in that agency's

3 custody;

4 (3) transfer any person into an immigration agent's

5 custody;

6 (4) permit immigration agents use of agency facilities

7 or equipment, including any agency electronic databases

8 not available to the public, for investigative interviews

9 or other investigative or immigration enforcement purpose;

10 (5) enter into or maintain any agreement regarding

11 direct access to any electronic database or other

12 data-sharing platform maintained by any law enforcement

13 agency, or otherwise provide such direct access to the

14 U.S. Immigration and Customs Enforcement, United States

15 Customs and Border Protection or any other federal entity

16 enforcing civil immigration violations;

17 (6) provide information in response to any immigration

18 agent's inquiry or request for information regarding any

19 individual in the agency's custody; or

20 (7) provide to any immigration agent information not

21 otherwise available to the public relating to an

22 individual's release or contact information, or otherwise

23 facilitate for an immigration agent to apprehend or

24 question an individual for immigration enforcement.

25 (i) Nothing in this Section shall preclude a law

26 enforcement official from otherwise executing that official's

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1 duties in investigating violations of criminal law and

2 cooperating in such investigations with federal and other law

3 enforcement agencies (including criminal investigations

4 conducted by federal Homeland Security Investigations (HSI))

5 in order to ensure public safety.

6 (Source: P.A. 102-234, eff. 8-2-21; 103-154, eff. 6-30-23.)

7 Section 6. The Gun Trafficking Information Act is amended

8 by changing Section 10-5 as follows:

9 (5 ILCS 830/10-5)

10 Sec. 10-5. Gun trafficking information.

11 (a) The Illinois State Police shall use all reasonable

12 efforts, as allowed by State law and regulations, federal law

13 and regulations, and executed Memoranda of Understanding

14 between Illinois law enforcement agencies and the U.S. Bureau

15 of Alcohol, Tobacco, Firearms and Explosives, in making

16 publicly available, on a regular and ongoing basis, key

17 information related to firearms used in the commission of

18 crimes in this State, including, but not limited to: reports

19 on crimes committed with firearms, locations where the crimes

20 occurred, the number of persons killed or injured in the

21 commission of the crimes, the state where the firearms used

22 originated, the Federal Firearms Licensee that sold the

23 firearm, the type of firearms used, if known, ~~annual~~

24 ~~statistical information concerning Firearm Owner's~~

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1 ~~Identification Card~~ and concealed carry license applications,

2 revocations, ~~and compliance with Section 9.5 of the Firearm~~

3 ~~Owners Identification Card Act,~~ the information required in

4 the report or on the Illinois State Police's website under

5 Section 85 of the Firearms Restraining Order Act, and firearm

6 dealer license certification inspections. The Illinois State

7 Police shall make the information available on its website,

8 which may be presented in a dashboard format, in addition to

9 electronically filing a report with the Governor and the

10 General Assembly. The report to the General Assembly shall be

11 filed with the Clerk of the House of Representatives and the

12 Secretary of the Senate in electronic form only, in the manner

13 that the Clerk and the Secretary shall direct.

14 (b) (Blank). ~~The Illinois State Police shall study, on a~~

15 ~~regular and ongoing basis, and compile reports on the number~~

16 ~~of Firearm Owner's Identification Card checks to determine~~

17 ~~firearms trafficking or straw purchase patterns. The Illinois~~

18 ~~State Police shall, to the extent not inconsistent with law,~~

19 ~~share such reports and underlying data with academic centers,~~

20 ~~foundations, and law enforcement agencies studying firearms~~

21 ~~trafficking, provided that personally identifying information~~

22 ~~is protected. For purposes of this subsection (b), a Firearm~~

23 ~~Owner's Identification Card number is not personally~~

24 ~~identifying information, provided that no other personal~~

25 ~~information of the card holder is attached to the record. The~~

26 ~~Illinois State Police may create and attach an alternate~~

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1 ~~unique identifying number to each Firearm Owner's~~

2 ~~Identification Card number, instead of releasing the Firearm~~

3 ~~Owner's Identification Card number itself.~~

4 (c) Each department, office, division, and agency of this

5 State shall, to the extent not inconsistent with law,

6 cooperate fully with the Illinois State Police and furnish the

7 Illinois State Police with all relevant information and

8 assistance on a timely basis as is necessary to accomplish the

9 purpose of this Act. The Illinois Criminal Justice Information

10 Authority shall submit the information required in subsection

11 (a) of this Section to the Illinois State Police, and any other

12 information as the Illinois State Police may request, to

13 assist the Illinois State Police in carrying out its duties

14 under this Act.

15 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

16 102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)

17 Section 7. The First Responders Suicide Prevention Act is

18 amended by changing Section 40 as follows:

19 (5 ILCS 840/40)

20 Sec. 40. Task Force recommendations.

21 (a) Task Force members shall recommend that agencies and

22 organizations guarantee access to mental health and wellness

23 services, including, but not limited to, peer support programs

24 and providing ongoing education related to the ever-evolving

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1 concept of mental health wellness. These recommendations could

2 be accomplished by:

3 (1) Revising agencies' and organizations' employee

4 assistance programs (EAPs).

5 (2) Urging health care providers to replace outdated

6 healthcare plans and include more progressive options

7 catering to the needs and disproportionate risks

8 shouldered by our first responders.

9 (3) Allocating funding or resources for public service

10 announcements (PSA) and messaging campaigns aimed at

11 raising awareness of available assistance options.

12 (4) Encouraging agencies and organizations to attach

13 lists of all available resources to training manuals and

14 continuing education requirements.

15 (b) Task Force members shall recommend agencies and

16 organizations sponsor or facilitate first responders with

17 specialized training in the areas of psychological fitness,

18 depressive disorders, early detection, and mitigation best

19 practices. Such trainings could be accomplished by:

20 (1) Assigning, appointing, or designating one member

21 of an agency or organization to attend specialized

22 training(s) sponsored by an accredited agency,

23 association, or organization recognized in their fields of

24 study.

25 (2) Seeking sponsorships or conducting fund-raisers,

26 to host annual or semiannual on-site visits from qualified

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1 clinicians or physicians to provide early detection

2 training techniques, or to provide regular access to

3 mental health professionals.

4 (3) Requiring a minimum number of hours of disorders

5 and wellness training be incorporated into reoccurring,

6 annual or biannual training standards, examinations, and

7 curriculums, taking into close consideration respective

8 agency or organization size, frequency, and number of all

9 current federal and state mandatory examinations and

10 trainings expected respectively.

11 (4) Not underestimating the crucial importance of a

12 balanced diet, sleep, mindfulness-based stress reduction

13 techniques, moderate and vigorous intensity activities,

14 and recreational hobbies, which have been scientifically

15 proven to play a major role in brain health and mental

16 wellness.

17 (c) Task Force members shall recommend that administrators

18 and leadership personnel solicit training services from

19 evidence-based, data driven organizations. Organizations with

20 personnel trained on the analytical review and interpretation

21 of specific fields related to the nature of first responders'

22 exploits, such as PTSD, substance abuse, and chronic state of

23 duress. Task Force members shall further recommend funding for

24 expansion and messaging campaigns of preliminary

25 self-diagnosing technologies like the one described above.

26 These objectives could be met by:

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1 (1) Contacting an accredited agency, association, or

2 organization recognized in the field or fields of specific

3 study. Unbeknownst to the majority, many of the agencies

4 and organizations listed above receive grants and

5 allocations to assist communities with the very issues

6 being discussed in this Section.

7 (2) Normalizing help-seeking behaviors for both first

8 responders and their families through regular messaging

9 and peer support outreach, beginning with academy

10 curricula and continuing education throughout individuals'

11 careers.

12 (3) Funding and implementing PSA campaigns that

13 provide clear and concise calls to action about mental

14 health and wellness, resiliency, help-seeking, treatment,

15 and recovery.

16 (4) Promoting and raising awareness of not-for-profit

17 organizations currently available to assist individuals in

18 search of care and treatment. Organizations have intuitive

19 user-friendly sites, most of which have mobile

20 applications, so first responders can access at a moment's

21 notice. However, because of limited funds, these

22 organizations have a challenging time of getting the word

23 out there about their existence.

24 (5) Expanding Family and Medical Leave Act protections

25 for individuals voluntarily seeking preventative

26 treatment.

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1 (6) Promoting and ensuring complete patient

2 confidentiality protections.

3 (d) Task Force members shall recommend that agencies and

4 organizations incorporate the following training components

5 into already existing modules and educational curriculums.

6 Doing so could be done by:

7 (1) Bolstering academy and school curricula by

8 requiring depressive disorder training catered to PTSD,

9 substance abuse, and early detection techniques training,

10 taking into close consideration respective agency or

11 organization size, and the frequency and number of all

12 current federal and state mandatory examinations and

13 trainings expected respectively.

14 (2) Continuing to allocate or match federal and state

15 funds to maintain Mobile Training Units (MTUs).

16 (3) Incorporating a state certificate for peer support

17 training into already existing statewide curriculums and

18 mandatory examinations, annual State Fire Marshal

19 examinations, and physical fitness examinations. The

20 subject matter of the certificate should have an emphasis

21 on mental health and wellness, as well as familiarization

22 with topics ranging from clinical social work, clinical

23 psychology, clinical behaviorist, and clinical psychiatry.

24 (4) Incorporating and performing statewide mental

25 health check-ins during the same times as already mandated

26 trainings. These checks are not to be compared or used as

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1 measures of fitness for duty evaluations or structured

2 psychological examinations.

3 (5) Recommending comprehensive and evidence-based

4 training on the importance of preventative measures on the

5 topics of sleep, nutrition, mindfulness, and physical

6 movement.

7 (6) (Blank). ~~Law enforcement agencies should provide~~

8 ~~training on the Firearm Owner's Identification Card Act,~~

9 ~~including seeking relief from the Illinois State Police~~

10 ~~under Section 10 of the Firearm Owners Identification Card~~

11 ~~Act and a FOID card being a continued condition of~~

12 ~~employment under Section 7.2 of the Uniform Peace~~

13 ~~Officers' Disciplinary Act.~~

14 (Source: P.A. 102-352, eff. 6-1-22; 103-154, eff. 6-30-23;

15 103-605, eff. 7-1-24; revised 10-23-24.)

16 Section 8. The Department of Natural Resources

17 (Conservation) Law of the Civil Administrative Code of

18 Illinois is amended by changing Section 805-538 as follows:

19 (20 ILCS 805/805-538)

20 Sec. 805-538. Retiring officer; purchase of service

21 firearm and police badge. The Director of Natural Resources

22 shall establish a program to allow a Conservation Police

23 Officer who is honorably retiring in good standing to purchase

24 either one or both of the following: (1) any Department of

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1 Natural Resources police badge previously issued to that

2 officer; or (2) ~~if the officer has a currently valid Firearm~~

3 ~~Owner's Identification Card,~~ the service firearm issued or

4 previously issued to the officer by the Department of Natural

5 Resources. The cost of the firearm shall be the replacement

6 value of the firearm and not the firearm's fair market value.

7 (Source: P.A. 100-931, eff. 8-17-18.)

8 Section 9. The Department of Revenue Law of the Civil

9 Administrative Code of Illinois is amended by changing Section

10 2505-306 as follows:

11 (20 ILCS 2505/2505-306)

12 Sec. 2505-306. Retiring investigators; purchase of service

13 firearm and badge. The Director shall establish a program to

14 allow a Department investigator who is honorably retiring in

15 good standing to purchase either one or both of the following:

16 (1) any badge previously issued to the investigator by the

17 Department; or (2) ~~if the investigator has a currently valid~~

18 ~~Firearm Owner's Identification Card,~~ the service firearm

19 issued or previously issued to the investigator by the

20 Department. The cost of the firearm shall be the replacement

21 value of the firearm and not the firearm's fair market value.

22 (Source: P.A. 102-719, eff. 5-6-22.)

23 Section 10. The Illinois State Police Law of the Civil

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1 Administrative Code of Illinois is amended by changing

2 Sections 2605-10, 2605-45, 2605-200, and 2605-595 as follows:

3 (20 ILCS 2605/2605-10) (was 20 ILCS 2605/55a in part)

4 Sec. 2605-10. Powers and duties, generally.

5 (a) The Illinois State Police shall exercise the rights,

6 powers, and duties that have been vested in the Illinois State

7 Police by the following:

8 The Illinois State Police Act.

9 The Illinois State Police Radio Act.

10 The Criminal Identification Act.

11 The Illinois Vehicle Code.

12 ~~The Firearm Owners Identification Card Act.~~

13 The Firearm Concealed Carry Act.

14 The Firearm Dealer License Certification Act.

15 The Intergovernmental Missing Child Recovery Act of

16 1984.

17 The Intergovernmental Drug Laws Enforcement Act.

18 The Narcotic Control Division Abolition Act.

19 The Illinois Uniform Conviction Information Act.

20 The Murderer and Violent Offender Against Youth

21 Registration Act.

22 (b) The Illinois State Police shall have the powers and

23 duties set forth in the following Sections.

24 (c) The Illinois State Police shall exercise the rights,

25 powers, and duties vested in the Illinois State Police to

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1 implement the following protective service functions for State

2 facilities, State officials, and State employees serving in

3 their official capacity:

4 (1) Utilize subject matter expertise and law

5 enforcement authority to strengthen the protection of

6 State government facilities, State employees, State

7 officials, and State critical infrastructure.

8 (2) Coordinate State, federal, and local law

9 enforcement activities involving the protection of State

10 facilities, officials, and employees.

11 (3) Conduct investigations of criminal threats to

12 State facilities, State critical infrastructure, State

13 officials, and State employees.

14 (4) Train State officials and employees in personal

15 protection, crime prevention, facility occupant emergency

16 planning, and incident management.

17 (5) Establish standard protocols for prevention and

18 response to criminal threats to State facilities, State

19 officials, State employees, and State critical

20 infrastructure and standard protocols for reporting of

21 suspicious activities.

22 (6) Establish minimum operational standards,

23 qualifications, training, and compliance requirements for

24 State employees and contractors engaged in the protection

25 of State facilities and employees.

26 (7) At the request of departments or agencies of State

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1 government, conduct security assessments, including, but

2 not limited to, examination of alarm systems, cameras

3 systems, access points, personnel readiness, and emergency

4 protocols based on risk and need.

5 (8) Oversee the planning and implementation of

6 security and law enforcement activities necessary for the

7 protection of major, multi-jurisdictional events

8 implicating potential criminal threats to State officials,

9 State employees, or State-owned, State-leased, or

10 State-operated critical infrastructure or facilities.

11 (9) Oversee and direct the planning and implementation

12 of security and law enforcement activities by the

13 departments and agencies of the State necessary for the

14 protection of State employees, State officials, and

15 State-owned, State-leased, or State-operated critical

16 infrastructure or facilities from criminal activity.

17 (10) Advise the Governor and Homeland Security Advisor

18 on any matters necessary for the effective protection of

19 State facilities, critical infrastructure, officials, and

20 employees from criminal threats.

21 (11) Utilize intergovernmental agreements and

22 administrative rules as needed for the effective,

23 efficient implementation of law enforcement and support

24 activities necessary for the protection of State

25 facilities, State infrastructure, State employees, and,

26 upon the express written consent of State constitutional

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1 officials, State constitutional officials.

2 (Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24;

3 103-564, eff. 11-17-23.)

4 (20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)

5 Sec. 2605-45. Division of Justice Services. The Division

6 of Justice Services shall provide administrative and technical

7 services and support to the Illinois State Police, criminal

8 justice agencies, and the public and shall exercise the

9 following functions:

10 (1) Operate and maintain the Law Enforcement Agencies

11 Data System (LEADS), a statewide, computerized

12 telecommunications system designed to provide services,

13 information, and capabilities to the law enforcement and

14 criminal justice community in the State of Illinois. The

15 Director is responsible for establishing policy,

16 procedures, and regulations consistent with State and

17 federal rules, policies, and law by which LEADS operates.

18 The Director shall designate a statewide LEADS

19 Administrator for management of the system. The Director

20 may appoint a LEADS Advisory Policy Board to reflect the

21 needs and desires of the law enforcement and criminal

22 justice community and to make recommendations concerning

23 policies and procedures.

24 (2) Pursue research and the publication of studies

25 pertaining to local law enforcement activities.

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1 (3) Serve as the State's point of contact for the

2 Federal Bureau of Investigation's Uniform Crime Reporting

3 Program and National Incident-Based Reporting System.

4 (4) Operate an electronic data processing and computer

5 center for the storage and retrieval of data pertaining to

6 criminal activity.

7 (5) Exercise the rights, powers, and duties vested in

8 the Illinois State Police by the Cannabis Regulation and

9 Tax Act and the Compassionate Use of Medical Cannabis

10 Program Act.

11 (6) (Blank).

12 (6.5) Exercise the rights, powers, and duties vested

13 in the Illinois State Police by ~~the Firearm Owners~~

14 ~~Identification Card Act,~~ the Firearm Concealed Carry Act,

15 the Firearm Transfer Inquiry Program, the prohibited

16 persons portal under Section 2605-304, and the Firearm

17 Dealer License Certification Act.

18 (7) Exercise other duties that may be assigned by the

19 Director to fulfill the responsibilities and achieve the

20 purposes of the Illinois State Police.

21 (8) Exercise the rights, powers, and duties vested by

22 law in the Illinois State Police by the Criminal

23 Identification Act and the Illinois Uniform Conviction

24 Information Act.

25 (9) Exercise the powers and perform the duties that

26 have been vested in the Illinois State Police by the

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1 Murderer and Violent Offender Against Youth Registration

2 Act, the Sex Offender Registration Act, and the Sex

3 Offender Community Notification Law and adopt reasonable

4 rules necessitated thereby.

5 (10) Serve as the State central repository for

6 criminal history record information.

7 (11) Share all necessary information with the

8 Concealed Carry Licensing Review Board and the Firearms

9 Owner's Identification Card Review Board necessary for the

10 execution of their duties.

11 (Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)

12 (20 ILCS 2605/2605-200) (was 20 ILCS 2605/55a in part)

13 Sec. 2605-200. Investigations of crime; enforcement of

14 laws; records; crime laboratories; personnel.

15 (a) To do the following:

16 (1) Investigate the origins, activities, personnel,

17 and incidents of crime and the ways and means to redress

18 the victims of crimes; study the impact, if any, of

19 legislation relative to the effusion of crime and growing

20 crime rates; and enforce the criminal laws of this State

21 related thereto.

22 (2) Enforce all laws regulating the production, sale,

23 prescribing, manufacturing, administering, transporting,

24 having in possession, dispensing, delivering,

25 distributing, or use of controlled substances and

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1 cannabis.

2 (3) Employ skilled experts, scientists, technicians,

3 investigators, or otherwise specially qualified persons to

4 aid in preventing or detecting crime, apprehending

5 criminals, or preparing and presenting evidence of

6 violations of the criminal laws of the State.

7 (4) Cooperate with the police of cities, villages, and

8 incorporated towns and with the police officers of any

9 county in enforcing the laws of the State and in making

10 arrests and recovering property.

11 (5) Apprehend and deliver up any person charged in

12 this State or any other state of the United States with

13 treason or a felony or other crime who has fled from

14 justice and is found in this State.

15 (6) Conduct other investigations as provided by law.

16 (7) Be a central repository and custodian of criminal

17 statistics for the State.

18 (8) Be a central repository for criminal history

19 record information.

20 (9) Procure and file for record information that is

21 necessary and helpful to plan programs of crime

22 prevention, law enforcement, and criminal justice.

23 (10) Procure and file for record copies of

24 fingerprints that may be required by law.

25 (11) Establish general and field crime laboratories.

26 (12) (Blank). ~~Register and file for record information~~

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1 ~~that may be required by law for the issuance of firearm~~

2 ~~owner's identification cards under the Firearm Owners~~

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

4 ~~the Firearm Concealed Carry Act.~~

5 (13) Employ laboratory technicians and other specially

6 qualified persons to aid in the identification of criminal

7 activity and the identification, collection, and recovery

8 of cyber forensics, including, but not limited to, digital

9 evidence, and may employ polygraph operators and forensic

10 anthropologists.

11 (14) Undertake other identification, information,

12 laboratory, statistical, or registration activities that

13 may be required by law.

14 (b) Persons exercising the powers set forth in subsection

15 (a) within the Illinois State Police are conservators of the

16 peace and as such have all the powers possessed by policemen in

17 cities and sheriffs, except that they may exercise those

18 powers anywhere in the State in cooperation with and after

19 contact with the local law enforcement officials. Those

20 persons may use false or fictitious names in the performance

21 of their duties under this Section, upon approval of the

22 Director, and shall not be subject to prosecution under the

23 criminal laws for that use.

24 (Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 1-1-24.)

25 (20 ILCS 2605/2605-595)

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

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

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

4 shall receive revenue under the Firearm Concealed Carry Act

5 and ~~,~~ the Firearm Dealer License Certification Act~~, and~~

6 ~~Section 5 of the Firearm Owners Identification Card Act~~. The

7 Fund may also receive revenue from grants, pass-through

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

9 (a-5) (Blank).

10 (b) The Illinois State Police may use moneys in the Fund to

11 finance any of its lawful purposes, mandates, functions, and

12 duties under ~~the Firearm Owners Identification Card Act,~~ the

13 Firearm Dealer License Certification Act~~,~~ and the Firearm

14 Concealed Carry Act, including the cost of sending notices of

15 expiration of Firearm Owner's Identification Cards, concealed

16 carry licenses, the prompt and efficient processing of

17 applications under ~~the Firearm Owners Identification Card Act~~

18 ~~and~~ the Firearm Concealed Carry Act, the improved efficiency

19 and reporting of the LEADS and federal NICS law enforcement

20 data systems, and support for investigations required under

21 these Acts and law. Any surplus funds beyond what is needed to

22 comply with the aforementioned purposes shall be used by the

23 Illinois State Police to improve the Law Enforcement Agencies

24 Data System (LEADS) and criminal history background check

25 system.

26 (c) Investment income that is attributable to the

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

2 for the uses specified in this Section.

3 (Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21;

4 103-363, eff. 7-28-23.)

5 (20 ILCS 2605/2605-120 rep.)

6 (20 ILCS 2605/2605-304 rep.)

7 Section 15. The Department of State Police Law of the

8 Civil Administrative Code of Illinois is amended by repealing

9 Sections 2605-120 and 2605-304.

10 Section 16. The Illinois State Police Act is amended by

11 changing Section 17b as follows:

12 (20 ILCS 2610/17b)

13 Sec. 17b. Retiring officer; purchase of service firearm

14 and police badge. The Director of the Illinois State Police

15 shall establish a policy to allow a State Police officer who is

16 honorably retiring or separating in good standing to purchase

17 either one or both of the following: (i) any State Police badge

18 previously issued to that officer; or (ii) ~~if the officer has a~~

19 ~~currently valid Firearm Owner's Identification Card,~~ the

20 service firearm issued or previously issued to the officer by

21 the Illinois State Police. The cost of the firearm purchased

22 shall be the replacement value of the firearm and not the

23 firearm's fair market value.

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1 (Source: P.A. 102-538, eff. 8-20-21.)

2 Section 20. The Criminal Identification Act is amended by

3 changing Section 2.2 as follows:

4 (20 ILCS 2630/2.2)

5 Sec. 2.2. Notification to the Illinois State Police. Upon

6 judgment of conviction of a violation of Section 12-1, 12-2,

7 12-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or

8 the Criminal Code of 2012 when the defendant has been

9 determined, pursuant to Section 112A-11.1 of the Code of

10 Criminal Procedure of 1963, to be subject to the prohibitions

11 of 18 U.S.C. 922(g)(9), the circuit court clerk shall include

12 notification and a copy of the written determination in a

13 report of the conviction to the Illinois State Police ~~Firearm~~

14 ~~Owner's Identification Card Office~~ to enable the Illinois

15 State Police ~~office~~ to perform its duties under the Firearm

16 Concealed Carry Act and ~~Sections 4 and 8 of the Firearm Owners~~

17 ~~Identification Card Act and to report that determination to~~

18 ~~the Federal Bureau of Investigation~~ to assist the Federal

19 Bureau of Investigation in identifying persons prohibited from

20 purchasing and possessing a firearm pursuant to the provisions

21 of 18 U.S.C. 922. The written determination described in this

22 Section shall be included in the defendant's record of arrest

23 and conviction in the manner and form prescribed by the

24 Illinois State Police.

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1 (Source: P.A. 102-538, eff. 8-20-21.)

2 Section 21. The Peace Officer Fire Investigation Act is

3 amended by changing Section 1 as follows:

4 (20 ILCS 2910/1) (from Ch. 127 1/2, par. 501)

5 Sec. 1. Peace officer status.

6 (a) Any person who is a sworn member of any organized and

7 paid fire department of a political subdivision of this State

8 and is authorized to investigate fires or explosions for such

9 political subdivision and to determine the cause, origin and

10 circumstances of fires or explosions that are suspected to be

11 arson or arson-related crimes, may be classified as a peace

12 officer by the political subdivision or agency employing such

13 person. A person so classified shall possess the same powers

14 of arrest, search and seizure and the securing and service of

15 warrants as sheriffs of counties, and police officers within

16 the jurisdiction of their political subdivision. While in the

17 actual investigation and matters incident thereto, such person

18 may carry weapons as may be necessary, but only if that person

19 has satisfactorily completed (1) a training program offered or

20 approved by the Illinois Law Enforcement Training Standards

21 Board which substantially conforms to standards promulgated

22 pursuant to the Illinois Police Training Act and the Peace

23 Officer and Probation Officer Firearm Training Act; and (2) a

24 course in fire and arson investigation approved by the Office

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1 of the State Fire Marshal pursuant to the Illinois Fire

2 Protection Training Act. Such training need not include

3 exposure to vehicle and traffic law, traffic control and crash

4 investigation, or first aid, but shall include training in the

5 law relating to the rights of persons suspected of involvement

6 in criminal activities.

7 Any person granted the powers enumerated in this

8 subsection (a) may exercise such powers only during the actual

9 investigation of the cause, origin and circumstances of such

10 fires or explosions that are suspected to be arson or

11 arson-related crimes.

12 (b) Persons employed by the Office of the State Fire

13 Marshal to conduct arson investigations shall be designated

14 State Fire Marshal Arson Investigator Special Agents and shall

15 be peace officers with all of the powers of peace officers in

16 cities and sheriffs in counties, except that they may exercise

17 those powers throughout the State. These Special Agents may

18 exercise these powers only when engaging in official duties

19 during the actual investigation of the cause, origin, and

20 circumstances of such fires or explosions that are suspected

21 to be arson or arson-related crimes and may carry weapons at

22 all times, but only if they have satisfactorily completed (1)

23 a training course approved by the Illinois Law Enforcement

24 Training Standards Board that substantially conforms to the

25 standards promulgated pursuant to the Peace Officer and

26 Probation Officer Firearm Training Act and (2) a course in

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1 fire and arson investigation approved by the Office of the

2 State Fire Marshal pursuant to the Illinois Fire Protection

3 Training Act. Such training need not include exposure to

4 vehicle and traffic law, traffic control and crash

5 investigation, or first aid, but shall include training in the

6 law relating to the rights of persons suspected of involvement

7 in criminal activities.

8 For purposes of this subsection (b), a "State Fire Marshal

9 Arson Investigator Special Agent" does not include any fire

10 investigator, fireman, police officer, or other employee of

11 the federal government; any fire investigator, fireman, police

12 officer, or other employee of any unit of local government; or

13 any fire investigator, fireman, police officer, or other

14 employee of the State of Illinois other than an employee of the

15 Office of the State Fire Marshal assigned to investigate

16 arson.

17 The State Fire Marshal must authorize to each employee of

18 the Office of the State Fire Marshal who is exercising the

19 powers of a peace officer a distinct badge that, on its face,

20 (i) clearly states that the badge is authorized by the Office

21 of the State Fire Marshal and (ii) contains a unique

22 identifying number. No other badge shall be authorized by the

23 Office of the State Fire Marshal, except that a badge,

24 different from the badge issued to peace officers, may be

25 authorized by the Office of the State Fire Marshal for the use

26 of fire prevention inspectors employed by that Office. Nothing

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1 in this subsection prohibits the State Fire Marshal from

2 issuing shields or other distinctive identification to

3 employees not exercising the powers of a peace officer if the

4 State Fire Marshal determines that a shield or distinctive

5 identification is needed by the employee to carry out his or

6 her responsibilities.

7 (c) The Office of the State Fire Marshal shall establish a

8 policy to allow a State Fire Marshal Arson Investigator

9 Special Agent who is honorably retiring or separating in good

10 standing to purchase either one or both of the following: (i)

11 any badge previously issued to that State Fire Marshal Arson

12 Investigator Special Agent; or (ii) ~~if the State Fire Marshal~~

13 ~~Arson Investigator Special Agent has a currently valid Firearm~~

14 ~~Owner's Identification Card,~~ the service firearm issued or

15 previously issued to the State Fire Marshal Arson Investigator

16 Special Agent by the Office of the State Fire Marshal. The cost

17 of the firearm purchased shall be the replacement value of the

18 firearm and not the firearm's fair market value. All funds

19 received by the agency under this program shall be deposited

20 into the Fire Prevention Fund.

21 (Source: P.A. 102-982, eff. 7-1-23.)

22 Section 22. The Illinois Criminal Justice Information Act

23 is amended by changing Section 7.9 as follows:

24 (20 ILCS 3930/7.9)

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1 (Section scheduled to be repealed on July 1, 2027)

2 Sec. 7.9. Firearm Prohibitors and Records Improvement Task

3 Force.

4 (a) As used in this Section, "firearms prohibitor" means

5 any factor listed in ~~Section 4 of the Firearm Owners~~

6 ~~Identification Card Act or~~ Section 24-3 or 24-3.1 of the

7 Criminal Code of 2012 that prohibits a person from

8 transferring or possessing a firearm, firearm ammunition,

9 ~~Firearm Owner's Identification Card,~~ or concealed carry

10 license.

11 (b) The Firearm Prohibitors and Records Improvement Task

12 Force is created to identify and research all available

13 grants, resources, and revenue that may be applied for and

14 used by all entities responsible for reporting federal and

15 State firearm prohibitors to the Illinois State Police and the

16 National Instant Criminal Background Check System. These ~~Under~~

17 ~~the Firearm Owners Identification Card Act, these~~ reporting

18 entities include, but are not limited to, hospitals, courts,

19 law enforcement and corrections. The Task Force shall identify

20 weaknesses in reporting and recommend a strategy to direct

21 resources and revenue to ensuring reporting is reliable,

22 accurate, and timely. The Task Force shall inventory all

23 statutorily mandated firearm and gun violence related data

24 collection and reporting requirements, along with the agency

25 responsible for collecting that data, and identify gaps in

26 those requirements. The Task Force shall submit a coordinated

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1 application with and through the Illinois Criminal Justice

2 Information Authority for federal funds from the National

3 Criminal History Improvement Program and the NICS Acts Record

4 Improvement Program. The Firearm Prohibitors and Records

5 Improvement Task Force shall be comprised of the following

6 members, all of whom shall serve without compensation:

7 (1) the Executive Director of the Illinois Criminal

8 Justice Information Authority, who shall serve as Chair;

9 (2) the Director of the Illinois State Police, or his

10 or her designee;

11 (3) the Secretary of Human Services, or his or her

12 designee;

13 (4) the Director of Corrections, or his or her

14 designee;

15 (5) the Attorney General, or his or her designee;

16 (6) the Director of the Administrative Office of the

17 Illinois Courts, or his or her designee;

18 (7) a representative of an association representing

19 circuit clerks appointed by the President of the Senate;

20 (8) a representative of an association representing

21 sheriffs appointed by the House Minority Leader;

22 (9) a representative of an association representing

23 State's Attorneys appointed by the House Minority Leader;

24 (10) a representative of an association representing

25 chiefs of police appointed by the Senate Minority Leader;

26 (11) a representative of an association representing

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1 hospitals appointed by the Speaker of the House of

2 Representatives;

3 (12) a representative of an association representing

4 counties appointed by the President of the Senate; and

5 (13) a representative of an association representing

6 municipalities appointed by the Speaker of the House of

7 Representatives.

8 (c) The Illinois Criminal Justice Information Authority

9 shall provide administrative and other support to the Task

10 Force. The Illinois State Police Division of Justice Services

11 shall also provide support to the Illinois Criminal Justice

12 Information Authority and the Task Force.

13 (d) The Task Force may meet in person or virtually and

14 shall issue a written report of its findings and

15 recommendations to General Assembly on or before July 1, 2022.

16 The Task Force shall issue an annual report, which shall

17 include information on the state of FOID data, including a

18 review of previous activity by the Task Force to close

19 previously identified gaps; identifying known (or new) gaps; a

20 proposal of policy and practice recommendations to close those

21 gaps; and a preview of expected activities of the Task Force

22 for the coming year.

23 (e) Within 60 days of the effective date of this

24 amendatory Act of the 102nd General Assembly, the Chair shall

25 establish the Task Force.

26 (f) This Section is repealed on July 1, 2027.

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1 (Source: P.A. 102-237, eff. 1-1-22.)

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

3 Sections 6z-99 and 6z-127 as follows:

4 (30 ILCS 105/6z-99)

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

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

7 known as the Mental Health Reporting Fund. The Fund shall

8 receive revenue under the Firearm Concealed Carry Act. The

9 Fund may also receive revenue from grants, pass-through

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

11 (b) The Illinois State Police and Department of Human

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

13 their respective duties of collecting and reporting data on

14 mental health records and ensuring that mental health firearm

15 possession prohibitors are enforced as set forth under the

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

17 ~~Identification Card Act~~. Any surplus in the Fund beyond what

18 is necessary to ensure compliance with mental health reporting

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

20 Human Services for mental health treatment programs as

21 follows: (1) 50% shall be used to fund community-based mental

22 health programs aimed at reducing gun violence, community

23 integration and education, or mental health awareness and

24 prevention, including administrative costs; and (2) 50% shall

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1 be used to award grants that use and promote the National

2 School Mental Health Curriculum model for school-based mental

3 health support, integration, and services.

4 (c) Investment income that is attributable to the

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

6 for the uses specified in this Section.

7 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

8 102-813, eff. 5-13-22.)

9 (30 ILCS 105/6z-127)

10 Sec. 6z-127. State Police Firearm Enforcement Fund.

11 (a) The State Police Firearm Enforcement Fund is

12 established as a special fund in the State treasury. This Fund

13 is established to receive moneys from ~~the Firearm Owners~~

14 ~~Identification Card Act~~ to enforce ~~that Act,~~ the Firearm

15 Concealed Carry Act, Article 24 of the Criminal Code of 2012,

16 and other firearm offenses. The Fund may also receive revenue

17 from grants, donations, appropriations, and any other legal

18 source.

19 (b) The Illinois State Police may use moneys from the Fund

20 to establish task forces and, if necessary, include other law

21 enforcement agencies, under intergovernmental contracts

22 written and executed in conformity with the Intergovernmental

23 Cooperation Act.

24 (c) The Illinois State Police may use moneys in the Fund to

25 hire and train State Police officers and for the prevention of

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1 violent crime.

2 (d) The State Police Firearm Enforcement Fund is not

3 subject to administrative chargebacks.

4 (e) (Blank). ~~Law enforcement agencies that participate in~~

5 ~~Firearm Owner's Identification Card revocation enforcement in~~

6 ~~the Violent Crime Intelligence Task Force may apply for grants~~

7 ~~from the Illinois State Police.~~

8 (f) Any surplus in the Fund beyond what is necessary to

9 ensure compliance with subsections (a) through (e) or moneys

10 that are specifically appropriated for those purposes shall be

11 used by the Illinois State Police to award grants to assist

12 with the data reporting requirements of the Gun Trafficking

13 Information Act.

14 (Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22;

15 103-34, eff. 6-9-23; 103-609, eff. 7-1-24.)

16 Section 25.5. The Illinois Procurement Code is amended by

17 changing Section 1-10 as follows:

18 (30 ILCS 500/1-10)

19 Sec. 1-10. Application.

20 (a) This Code applies only to procurements for which

21 bidders, offerors, potential contractors, or contractors were

22 first solicited on or after July 1, 1998. This Code shall not

23 be construed to affect or impair any contract, or any

24 provision of a contract, entered into based on a solicitation

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1 prior to the implementation date of this Code as described in

2 Article 99, including, but not limited to, any covenant

3 entered into with respect to any revenue bonds or similar

4 instruments. All procurements for which contracts are

5 solicited between the effective date of Articles 50 and 99 and

6 July 1, 1998 shall be substantially in accordance with this

7 Code and its intent.

8 (b) This Code shall apply regardless of the source of the

9 funds with which the contracts are paid, including federal

10 assistance moneys. This Code shall not apply to:

11 (1) Contracts between the State and its political

12 subdivisions or other governments, or between State

13 governmental bodies, except as specifically provided in

14 this Code.

15 (2) Grants, except for the filing requirements of

16 Section 20-80.

17 (3) Purchase of care, except as provided in Section

18 5-30.6 of the Illinois Public Aid Code and this Section.

19 (4) Hiring of an individual as an employee and not as

20 an independent contractor, whether pursuant to an

21 employment code or policy or by contract directly with

22 that individual.

23 (5) Collective bargaining contracts.

24 (6) Purchase of real estate, except that notice of

25 this type of contract with a value of more than $25,000

26 must be published in the Procurement Bulletin within 10

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1 calendar days after the deed is recorded in the county of

2 jurisdiction. The notice shall identify the real estate

3 purchased, the names of all parties to the contract, the

4 value of the contract, and the effective date of the

5 contract.

6 (7) Contracts necessary to prepare for anticipated

7 litigation, enforcement actions, or investigations,

8 provided that the chief legal counsel to the Governor

9 shall give his or her prior approval when the procuring

10 agency is one subject to the jurisdiction of the Governor,

11 and provided that the chief legal counsel of any other

12 procuring entity subject to this Code shall give his or

13 her prior approval when the procuring entity is not one

14 subject to the jurisdiction of the Governor.

15 (8) (Blank).

16 (9) Procurement expenditures by the Illinois

17 Conservation Foundation when only private funds are used.

18 (10) (Blank).

19 (11) Public-private agreements entered into according

20 to the procurement requirements of Section 20 of the

21 Public-Private Partnerships for Transportation Act and

22 design-build agreements entered into according to the

23 procurement requirements of Section 25 of the

24 Public-Private Partnerships for Transportation Act.

25 (12) (A) Contracts for legal, financial, and other

26 professional and artistic services entered into by the

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1 Illinois Finance Authority in which the State of Illinois

2 is not obligated. Such contracts shall be awarded through

3 a competitive process authorized by the members of the

4 Illinois Finance Authority and are subject to Sections

5 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,

6 as well as the final approval by the members of the

7 Illinois Finance Authority of the terms of the contract.

8 (B) Contracts for legal and financial services entered

9 into by the Illinois Housing Development Authority in

10 connection with the issuance of bonds in which the State

11 of Illinois is not obligated. Such contracts shall be

12 awarded through a competitive process authorized by the

13 members of the Illinois Housing Development Authority and

14 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,

15 and 50-37 of this Code, as well as the final approval by

16 the members of the Illinois Housing Development Authority

17 of the terms of the contract.

18 (13) Contracts for services, commodities, and

19 equipment to support the delivery of timely forensic

20 science services in consultation with and subject to the

21 approval of the Chief Procurement Officer as provided in

22 subsection (d) of Section 5-4-3a of the Unified Code of

23 Corrections, except for the requirements of Sections

24 20-60, 20-65, 20-70, and 20-160 and Article 50 of this

25 Code; however, the Chief Procurement Officer may, in

26 writing with justification, waive any certification

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1 required under Article 50 of this Code. For any contracts

2 for services which are currently provided by members of a

3 collective bargaining agreement, the applicable terms of

4 the collective bargaining agreement concerning

5 subcontracting shall be followed.

6 On and after January 1, 2019, this paragraph (13),

7 except for this sentence, is inoperative.

8 (14) Contracts for participation expenditures required

9 by a domestic or international trade show or exhibition of

10 an exhibitor, member, or sponsor.

11 (15) Contracts with a railroad or utility that

12 requires the State to reimburse the railroad or utilities

13 for the relocation of utilities for construction or other

14 public purpose. Contracts included within this paragraph

15 (15) shall include, but not be limited to, those

16 associated with: relocations, crossings, installations,

17 and maintenance. For the purposes of this paragraph (15),

18 "railroad" means any form of non-highway ground

19 transportation that runs on rails or electromagnetic

20 guideways and "utility" means: (1) public utilities as

21 defined in Section 3-105 of the Public Utilities Act, (2)

22 telecommunications carriers as defined in Section 13-202

23 of the Public Utilities Act, (3) electric cooperatives as

24 defined in Section 3.4 of the Electric Supplier Act, (4)

25 telephone or telecommunications cooperatives as defined in

26 Section 13-212 of the Public Utilities Act, (5) rural

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1 water or waste water systems with 10,000 connections or

2 less, (6) a holder as defined in Section 21-201 of the

3 Public Utilities Act, and (7) municipalities owning or

4 operating utility systems consisting of public utilities

5 as that term is defined in Section 11-117-2 of the

6 Illinois Municipal Code.

7 (16) Procurement expenditures necessary for the

8 Department of Public Health to provide the delivery of

9 timely newborn screening services in accordance with the

10 Newborn Metabolic Screening Act.

11 (17) Procurement expenditures necessary for the

12 Department of Agriculture, the Department of Financial and

13 Professional Regulation, the Department of Human Services,

14 and the Department of Public Health to implement the

15 Compassionate Use of Medical Cannabis Program and Opioid

16 Alternative Pilot Program requirements and ensure access

17 to medical cannabis for patients with debilitating medical

18 conditions in accordance with the Compassionate Use of

19 Medical Cannabis Program Act.

20 (18) This Code does not apply to any procurements

21 necessary for the Department of Agriculture, the

22 Department of Financial and Professional Regulation, the

23 Department of Human Services, the Department of Commerce

24 and Economic Opportunity, and the Department of Public

25 Health to implement the Cannabis Regulation and Tax Act if

26 the applicable agency has made a good faith determination

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1 that it is necessary and appropriate for the expenditure

2 to fall within this exemption and if the process is

3 conducted in a manner substantially in accordance with the

4 requirements of Sections 20-160, 25-60, 30-22, 50-5,

5 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,

6 50-36, 50-37, 50-38, and 50-50 of this Code; however, for

7 Section 50-35, compliance applies only to contracts or

8 subcontracts over $100,000. Notice of each contract

9 entered into under this paragraph (18) that is related to

10 the procurement of goods and services identified in

11 paragraph (1) through (9) of this subsection shall be

12 published in the Procurement Bulletin within 14 calendar

13 days after contract execution. The Chief Procurement

14 Officer shall prescribe the form and content of the

15 notice. Each agency shall provide the Chief Procurement

16 Officer, on a monthly basis, in the form and content

17 prescribed by the Chief Procurement Officer, a report of

18 contracts that are related to the procurement of goods and

19 services identified in this subsection. At a minimum, this

20 report shall include the name of the contractor, a

21 description of the supply or service provided, the total

22 amount of the contract, the term of the contract, and the

23 exception to this Code utilized. A copy of any or all of

24 these contracts shall be made available to the Chief

25 Procurement Officer immediately upon request. The Chief

26 Procurement Officer shall submit a report to the Governor

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1 and General Assembly no later than November 1 of each year

2 that includes, at a minimum, an annual summary of the

3 monthly information reported to the Chief Procurement

4 Officer. This exemption becomes inoperative 5 years after

5 June 25, 2019 (the effective date of Public Act 101-27).

6 (19) Acquisition of modifications or adjustments,

7 limited to assistive technology devices and assistive

8 technology services, adaptive equipment, repairs, and

9 replacement parts to provide reasonable accommodations (i)

10 that enable a qualified applicant with a disability to

11 complete the job application process and be considered for

12 the position such qualified applicant desires, (ii) that

13 modify or adjust the work environment to enable a

14 qualified current employee with a disability to perform

15 the essential functions of the position held by that

16 employee, (iii) to enable a qualified current employee

17 with a disability to enjoy equal benefits and privileges

18 of employment as are enjoyed by other similarly situated

19 employees without disabilities, and (iv) that allow a

20 customer, client, claimant, or member of the public

21 seeking State services full use and enjoyment of and

22 access to its programs, services, or benefits.

23 For purposes of this paragraph (19):

24 "Assistive technology devices" means any item, piece

25 of equipment, or product system, whether acquired

26 commercially off the shelf, modified, or customized, that

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1 is used to increase, maintain, or improve functional

2 capabilities of individuals with disabilities.

3 "Assistive technology services" means any service that

4 directly assists an individual with a disability in

5 selection, acquisition, or use of an assistive technology

6 device.

7 "Qualified" has the same meaning and use as provided

8 under the federal Americans with Disabilities Act when

9 describing an individual with a disability.

10 (20) Procurement expenditures necessary for the

11 Illinois Commerce Commission to hire third-party

12 facilitators pursuant to Sections 16-105.17 and 16-108.18

13 of the Public Utilities Act or an ombudsman pursuant to

14 Section 16-107.5 of the Public Utilities Act, a

15 facilitator pursuant to Section 16-105.17 of the Public

16 Utilities Act, or a grid auditor pursuant to Section

17 16-105.10 of the Public Utilities Act.

18 (21) Procurement expenditures for the purchase,

19 renewal, and expansion of software, software licenses, or

20 software maintenance agreements that support the efforts

21 of the Illinois State Police to enforce, regulate, and

22 administer ~~the Firearm Owners Identification Card Act,~~ the

23 Firearm Concealed Carry Act, the Firearms Restraining

24 Order Act, the Firearm Dealer License Certification Act,

25 the Law Enforcement Agencies Data System (LEADS), the

26 Uniform Crime Reporting Act, the Criminal Identification

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1 Act, the Illinois Uniform Conviction Information Act, and

2 the Gun Trafficking Information Act, or establish or

3 maintain record management systems necessary to conduct

4 human trafficking investigations or gun trafficking or

5 other stolen firearm investigations. This paragraph (21)

6 applies to contracts entered into on or after January 10,

7 2023 (the effective date of Public Act 102-1116) and the

8 renewal of contracts that are in effect on January 10,

9 2023 (the effective date of Public Act 102-1116).

10 (22) Contracts for project management services and

11 system integration services required for the completion of

12 the State's enterprise resource planning project. This

13 exemption becomes inoperative 5 years after June 7, 2023

14 (the effective date of the changes made to this Section by

15 Public Act 103-8). This paragraph (22) applies to

16 contracts entered into on or after June 7, 2023 (the

17 effective date of the changes made to this Section by

18 Public Act 103-8) and the renewal of contracts that are in

19 effect on June 7, 2023 (the effective date of the changes

20 made to this Section by Public Act 103-8).

21 (23) Procurements necessary for the Department of

22 Insurance to implement the Illinois Health Benefits

23 Exchange Law if the Department of Insurance has made a

24 good faith determination that it is necessary and

25 appropriate for the expenditure to fall within this

26 exemption. The procurement process shall be conducted in a

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1 manner substantially in accordance with the requirements

2 of Sections 20-160 and 25-60 and Article 50 of this Code. A

3 copy of these contracts shall be made available to the

4 Chief Procurement Officer immediately upon request. This

5 paragraph is inoperative 5 years after June 27, 2023 (the

6 effective date of Public Act 103-103).

7 (24) Contracts for public education programming,

8 noncommercial sustaining announcements, public service

9 announcements, and public awareness and education

10 messaging with the nonprofit trade associations of the

11 providers of those services that inform the public on

12 immediate and ongoing health and safety risks and hazards.

13 (25) Procurements necessary for the Department of

14 Early Childhood to implement the Department of Early

15 Childhood Act if the Department has made a good faith

16 determination that it is necessary and appropriate for the

17 expenditure to fall within this exemption. This exemption

18 shall only be used for products and services procured

19 solely for use by the Department of Early Childhood. The

20 procurements may include those necessary to design and

21 build integrated, operational systems of programs and

22 services. The procurements may include, but are not

23 limited to, those necessary to align and update program

24 standards, integrate funding systems, design and establish

25 data and reporting systems, align and update models for

26 technical assistance and professional development, design

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1 systems to manage grants and ensure compliance, design and

2 implement management and operational structures, and

3 establish new means of engaging with families, educators,

4 providers, and stakeholders. The procurement processes

5 shall be conducted in a manner substantially in accordance

6 with the requirements of Article 50 (ethics) and Sections

7 5-5 (Procurement Policy Board), 5-7 (Commission on Equity

8 and Inclusion), 20-80 (contract files), 20-120

9 (subcontractors), 20-155 (paperwork), 20-160

10 (ethics/campaign contribution prohibitions), 25-60

11 (prevailing wage), and 25-90 (prohibited and authorized

12 cybersecurity) of this Code. Beginning January 1, 2025,

13 the Department of Early Childhood shall provide a

14 quarterly report to the General Assembly detailing a list

15 of expenditures and contracts for which the Department

16 uses this exemption. This paragraph is inoperative on and

17 after July 1, 2027.

18 (26) ~~(25)~~ Procurements that are necessary for

19 increasing the recruitment and retention of State

20 employees, particularly minority candidates for

21 employment, including:

22 (A) procurements related to registration fees for

23 job fairs and other outreach and recruitment events;

24 (B) production of recruitment materials; and

25 (C) other services related to recruitment and

26 retention of State employees.

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1 The exemption under this paragraph (26) ~~(25)~~ applies

2 only if the State agency has made a good faith

3 determination that it is necessary and appropriate for the

4 expenditure to fall within this paragraph (26) ~~(25)~~. The

5 procurement process under this paragraph (26) ~~(25)~~ shall

6 be conducted in a manner substantially in accordance with

7 the requirements of Sections 20-160 and 25-60 and Article

8 50 of this Code. A copy of these contracts shall be made

9 available to the Chief Procurement Officer immediately

10 upon request. Nothing in this paragraph (26) ~~(25)~~

11 authorizes the replacement or diminishment of State

12 responsibilities in hiring or the positions that

13 effectuate that hiring. This paragraph (26) ~~(25)~~ is

14 inoperative on and after June 30, 2029.

15 Notwithstanding any other provision of law, for contracts

16 with an annual value of more than $100,000 entered into on or

17 after October 1, 2017 under an exemption provided in any

18 paragraph of this subsection (b), except paragraph (1), (2),

19 or (5), each State agency shall post to the appropriate

20 procurement bulletin the name of the contractor, a description

21 of the supply or service provided, the total amount of the

22 contract, the term of the contract, and the exception to the

23 Code utilized. The chief procurement officer shall submit a

24 report to the Governor and General Assembly no later than

25 November 1 of each year that shall include, at a minimum, an

26 annual summary of the monthly information reported to the

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1 chief procurement officer.

2 (c) This Code does not apply to the electric power

3 procurement process provided for under Section 1-75 of the

4 Illinois Power Agency Act and Section 16-111.5 of the Public

5 Utilities Act. This Code does not apply to the procurement of

6 technical and policy experts pursuant to Section 1-129 of the

7 Illinois Power Agency Act.

8 (d) Except for Section 20-160 and Article 50 of this Code,

9 and as expressly required by Section 9.1 of the Illinois

10 Lottery Law, the provisions of this Code do not apply to the

11 procurement process provided for under Section 9.1 of the

12 Illinois Lottery Law.

13 (e) This Code does not apply to the process used by the

14 Capital Development Board to retain a person or entity to

15 assist the Capital Development Board with its duties related

16 to the determination of costs of a clean coal SNG brownfield

17 facility, as defined by Section 1-10 of the Illinois Power

18 Agency Act, as required in subsection (h-3) of Section 9-220

19 of the Public Utilities Act, including calculating the range

20 of capital costs, the range of operating and maintenance

21 costs, or the sequestration costs or monitoring the

22 construction of clean coal SNG brownfield facility for the

23 full duration of construction.

24 (f) (Blank).

25 (g) (Blank).

26 (h) This Code does not apply to the process to procure or

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1 contracts entered into in accordance with Sections 11-5.2 and

2 11-5.3 of the Illinois Public Aid Code.

3 (i) Each chief procurement officer may access records

4 necessary to review whether a contract, purchase, or other

5 expenditure is or is not subject to the provisions of this

6 Code, unless such records would be subject to attorney-client

7 privilege.

8 (j) This Code does not apply to the process used by the

9 Capital Development Board to retain an artist or work or works

10 of art as required in Section 14 of the Capital Development

11 Board Act.

12 (k) This Code does not apply to the process to procure

13 contracts, or contracts entered into, by the State Board of

14 Elections or the State Electoral Board for hearing officers

15 appointed pursuant to the Election Code.

16 (l) This Code does not apply to the processes used by the

17 Illinois Student Assistance Commission to procure supplies and

18 services paid for from the private funds of the Illinois

19 Prepaid Tuition Fund. As used in this subsection (l), "private

20 funds" means funds derived from deposits paid into the

21 Illinois Prepaid Tuition Trust Fund and the earnings thereon.

22 (m) This Code shall apply regardless of the source of

23 funds with which contracts are paid, including federal

24 assistance moneys. Except as specifically provided in this

25 Code, this Code shall not apply to procurement expenditures

26 necessary for the Department of Public Health to conduct the

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1 Healthy Illinois Survey in accordance with Section 2310-431 of

2 the Department of Public Health Powers and Duties Law of the

3 Civil Administrative Code of Illinois.

4 (Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;

5 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.

6 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;

7 102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.

8 6-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594,

9 eff. 6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25;

10 revised 11-26-24.)

11 Section 26. The Intergovernmental Drug Laws Enforcement

12 Act is amended by changing Section 3 as follows:

13 (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)

14 Sec. 3. A Metropolitan Enforcement Group which meets the

15 minimum criteria established in this Section is eligible to

16 receive State grants to help defray the costs of operation. To

17 be eligible a MEG must:

18 (1) Be established and operating pursuant to

19 intergovernmental contracts written and executed in

20 conformity with the Intergovernmental Cooperation Act, and

21 involve 2 or more units of local government.

22 (2) Establish a MEG Policy Board composed of an

23 elected official, or his designee, and the chief law

24 enforcement officer, or his designee, from each

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1 participating unit of local government to oversee the

2 operations of the MEG and make such reports to the

3 Illinois State Police as the Illinois State Police may

4 require.

5 (3) Designate a single appropriate elected official of

6 a participating unit of local government to act as the

7 financial officer of the MEG for all participating units

8 of local government and to receive funds for the operation

9 of the MEG.

10 (4) Limit its operations to enforcement of drug laws;

11 enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,

12 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3,

13 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8,

14 24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code

15 of 2012; ~~Sections 2, 3, 6.1, 9.5, and 14 of the Firearm~~

16 ~~Owners Identification Card Act;~~ and the investigation of

17 streetgang related offenses.

18 (5) Cooperate with the Illinois State Police in order

19 to assure compliance with this Act and to enable the

20 Illinois State Police to fulfill its duties under this

21 Act, and supply the Illinois State Police with all

22 information the Illinois State Police deems necessary

23 therefor.

24 (6) Receive funding of at least 50% of the total

25 operating budget of the MEG from the participating units

26 of local government.

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1 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

2 102-813, eff. 5-13-22; 103-34, eff. 6-9-23.)

3 Section 30. The Peace Officer Firearm Training Act is

4 amended by changing Section 1 as follows:

5 (50 ILCS 710/1) (from Ch. 85, par. 515)

6 Sec. 1. Definitions. As used in this Act:

7 (a) "Peace officer" means (i) any person who by virtue of

8 his office or public employment is vested by law with a primary

9 duty to maintain public order or to make arrests for offenses,

10 whether that duty extends to all offenses or is limited to

11 specific offenses, and who is employed in such capacity by any

12 county or municipality or (ii) any retired law enforcement

13 officers qualified under federal law to carry a concealed

14 weapon.

15 (a-5) "Probation officer" means a county probation officer

16 authorized by the Chief Judge of the Circuit Court to carry a

17 firearm as part of his or her duties under Section 12 of the

18 Probation and Probation Officers Act and Section 24-2 of the

19 Criminal Code of 2012.

20 (b) "Firearms" means any weapon or device defined as a

21 firearm in Section 2-7.5 of the Criminal Code of 2012 ~~1.1 of~~

22 ~~"An Act relating to the acquisition, possession and transfer~~

23 ~~of firearms and firearm ammunition, to provide a penalty for~~

24 ~~the violation thereof and to make an appropriation in~~

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1 ~~connection therewith", approved August 3, 1967, as amended~~.

2 (Source: P.A. 98-725, eff. 1-1-15.)

3 Section 31. The Counties Code is amended by changing

4 Section 3-6042 as follows:

5 (55 ILCS 5/3-6042)

6 Sec. 3-6042. Retiring employee; purchase of service

7 firearm and badge. Each Sheriff shall establish a program to

8 allow an employee of the Sheriff's Department who is honorably

9 retiring in good standing to purchase either one or both of the

10 following: (1) any badge previously issued to the employee by

11 the Sheriff's Department; or (2) ~~if the employee has a~~

12 ~~currently valid Firearm Owner's Identification Card,~~ the

13 service firearm issued or previously issued to the employee by

14 the Sheriff's Department. The badge must be permanently and

15 conspicuously marked in such a manner that the individual who

16 possesses the badge is not mistaken for an actively serving

17 law enforcement officer. The cost of the firearm shall be the

18 replacement value of the firearm and not the firearm's fair

19 market value.

20 (Source: P.A. 102-719, eff. 5-6-22.)

21 Section 35. The School Code is amended by changing

22 Sections 10-22.6, 10-27.1A and 34-8.05 as follows:

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1 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)

2 (Text of Section before amendment by P.A. 102-466)

3 Sec. 10-22.6. Suspension or expulsion of students; school

4 searches.

5 (a) To expel students guilty of gross disobedience or

6 misconduct, including gross disobedience or misconduct

7 perpetuated by electronic means, pursuant to subsection (b-20)

8 of this Section, and no action shall lie against them for such

9 expulsion. Expulsion shall take place only after the parents

10 have been requested to appear at a meeting of the board, or

11 with a hearing officer appointed by it, to discuss their

12 child's behavior. Such request shall be made by registered or

13 certified mail and shall state the time, place and purpose of

14 the meeting. The board, or a hearing officer appointed by it,

15 at such meeting shall state the reasons for dismissal and the

16 date on which the expulsion is to become effective. If a

17 hearing officer is appointed by the board, the hearing officer

18 shall report to the board a written summary of the evidence

19 heard at the meeting and the board may take such action thereon

20 as it finds appropriate. If the board acts to expel a student,

21 the written expulsion decision shall detail the specific

22 reasons why removing the student from the learning environment

23 is in the best interest of the school. The expulsion decision

24 shall also include a rationale as to the specific duration of

25 the expulsion. An expelled student may be immediately

26 transferred to an alternative program in the manner provided

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1 in Article 13A or 13B of this Code. A student must not be

2 denied transfer because of the expulsion, except in cases in

3 which such transfer is deemed to cause a threat to the safety

4 of students or staff in the alternative program.

5 (b) To suspend or by policy to authorize the

6 superintendent of the district or the principal, assistant

7 principal, or dean of students of any school to suspend

8 students guilty of gross disobedience or misconduct, or to

9 suspend students guilty of gross disobedience or misconduct on

10 the school bus from riding the school bus, pursuant to

11 subsections (b-15) and (b-20) of this Section, and no action

12 shall lie against them for such suspension. The board may by

13 policy authorize the superintendent of the district or the

14 principal, assistant principal, or dean of students of any

15 school to suspend students guilty of such acts for a period not

16 to exceed 10 school days. If a student is suspended due to

17 gross disobedience or misconduct on a school bus, the board

18 may suspend the student in excess of 10 school days for safety

19 reasons.

20 Any suspension shall be reported immediately to the

21 parents or guardian of a student along with a full statement of

22 the reasons for such suspension and a notice of their right to

23 a review. The school board must be given a summary of the

24 notice, including the reason for the suspension and the

25 suspension length. Upon request of the parents or guardian,

26 the school board or a hearing officer appointed by it shall

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1 review such action of the superintendent or principal,

2 assistant principal, or dean of students. At such review, the

3 parents or guardian of the student may appear and discuss the

4 suspension with the board or its hearing officer. If a hearing

5 officer is appointed by the board, he shall report to the board

6 a written summary of the evidence heard at the meeting. After

7 its hearing or upon receipt of the written report of its

8 hearing officer, the board may take such action as it finds

9 appropriate. If a student is suspended pursuant to this

10 subsection (b), the board shall, in the written suspension

11 decision, detail the specific act of gross disobedience or

12 misconduct resulting in the decision to suspend. The

13 suspension decision shall also include a rationale as to the

14 specific duration of the suspension.

15 (b-5) Among the many possible disciplinary interventions

16 and consequences available to school officials, school

17 exclusions, such as out-of-school suspensions and expulsions,

18 are the most serious. School officials shall limit the number

19 and duration of expulsions and suspensions to the greatest

20 extent practicable, and it is recommended that they use them

21 only for legitimate educational purposes. To ensure that

22 students are not excluded from school unnecessarily, it is

23 recommended that school officials consider forms of

24 non-exclusionary discipline prior to using out-of-school

25 suspensions or expulsions.

26 (b-10) Unless otherwise required by federal law or this

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1 Code, school boards may not institute zero-tolerance policies

2 by which school administrators are required to suspend or

3 expel students for particular behaviors.

4 (b-15) Out-of-school suspensions of 3 days or less may be

5 used only if the student's continuing presence in school would

6 pose a threat to school safety or a disruption to other

7 students' learning opportunities. For purposes of this

8 subsection (b-15), "threat to school safety or a disruption to

9 other students' learning opportunities" shall be determined on

10 a case-by-case basis by the school board or its designee.

11 School officials shall make all reasonable efforts to resolve

12 such threats, address such disruptions, and minimize the

13 length of suspensions to the greatest extent practicable.

14 (b-20) Unless otherwise required by this Code,

15 out-of-school suspensions of longer than 3 days, expulsions,

16 and disciplinary removals to alternative schools may be used

17 only if other appropriate and available behavioral and

18 disciplinary interventions have been exhausted and the

19 student's continuing presence in school would either (i) pose

20 a threat to the safety of other students, staff, or members of

21 the school community or (ii) substantially disrupt, impede, or

22 interfere with the operation of the school. For purposes of

23 this subsection (b-20), "threat to the safety of other

24 students, staff, or members of the school community" and

25 "substantially disrupt, impede, or interfere with the

26 operation of the school" shall be determined on a case-by-case

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1 basis by school officials. For purposes of this subsection

2 (b-20), the determination of whether "appropriate and

3 available behavioral and disciplinary interventions have been

4 exhausted" shall be made by school officials. School officials

5 shall make all reasonable efforts to resolve such threats,

6 address such disruptions, and minimize the length of student

7 exclusions to the greatest extent practicable. Within the

8 suspension decision described in subsection (b) of this

9 Section or the expulsion decision described in subsection (a)

10 of this Section, it shall be documented whether other

11 interventions were attempted or whether it was determined that

12 there were no other appropriate and available interventions.

13 (b-25) Students who are suspended out-of-school for longer

14 than 3 school days shall be provided appropriate and available

15 support services during the period of their suspension. For

16 purposes of this subsection (b-25), "appropriate and available

17 support services" shall be determined by school authorities.

18 Within the suspension decision described in subsection (b) of

19 this Section, it shall be documented whether such services are

20 to be provided or whether it was determined that there are no

21 such appropriate and available services.

22 A school district may refer students who are expelled to

23 appropriate and available support services.

24 A school district shall create a policy to facilitate the

25 re-engagement of students who are suspended out-of-school,

26 expelled, or returning from an alternative school setting. In

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1 consultation with stakeholders deemed appropriate by the State

2 Board of Education, the State Board of Education shall draft

3 and publish guidance for the re-engagement of students who are

4 suspended out-of-school, expelled, or returning from an

5 alternative school setting in accordance with this Section and

6 Section 13A-4 on or before July 1, 2025.

7 (b-30) A school district shall create a policy by which

8 suspended students, including those students suspended from

9 the school bus who do not have alternate transportation to

10 school, shall have the opportunity to make up work for

11 equivalent academic credit. It shall be the responsibility of

12 a student's parent or guardian to notify school officials that

13 a student suspended from the school bus does not have

14 alternate transportation to school.

15 (c) A school board must invite a representative from a

16 local mental health agency to consult with the board at the

17 meeting whenever there is evidence that mental illness may be

18 the cause of a student's expulsion or suspension.

19 (c-5) School districts shall make reasonable efforts to

20 provide ongoing professional development to all school

21 personnel, school board members, and school resource officers~~,~~

22 on the requirements of this Section and Section 10-20.14, the

23 adverse consequences of school exclusion and justice-system

24 involvement, effective classroom management strategies,

25 culturally responsive discipline, trauma-responsive learning

26 environments, as defined in subsection (b) of Section 3-11,

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1 the appropriate and available supportive services for the

2 promotion of student attendance and engagement, and

3 developmentally appropriate disciplinary methods that promote

4 positive and healthy school climates.

5 (d) The board may expel a student for a definite period of

6 time not to exceed 2 calendar years, as determined on a

7 case-by-case basis. A student who is determined to have

8 brought one of the following objects to school, any

9 school-sponsored activity or event, or any activity or event

10 that bears a reasonable relationship to school shall be

11 expelled for a period of not less than one year:

12 (1) A firearm. For the purposes of this Section,

13 "firearm" means any gun, rifle, shotgun, weapon as defined

14 by Section 921 of Title 18 of the United States Code,

15 firearm as defined in Section 2-7.5 ~~1.1 of the Firearm~~

16 ~~Owners Identification Card Act, or firearm as defined in~~

17 ~~Section 24-1~~ of the Criminal Code of 2012. The expulsion

18 period under this subdivision (1) may be modified by the

19 superintendent, and the superintendent's determination may

20 be modified by the board on a case-by-case basis.

21 (2) A knife, brass knuckles or other knuckle weapon

22 regardless of its composition, a billy club, or any other

23 object if used or attempted to be used to cause bodily

24 harm, including "look alikes" of any firearm as defined in

25 subdivision (1) of this subsection (d). The expulsion

26 requirement under this subdivision (2) may be modified by

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1 the superintendent, and the superintendent's determination

2 may be modified by the board on a case-by-case basis.

3 Expulsion or suspension shall be construed in a manner

4 consistent with the federal Individuals with Disabilities

5 Education Act. A student who is subject to suspension or

6 expulsion as provided in this Section may be eligible for a

7 transfer to an alternative school program in accordance with

8 Article 13A of the School Code.

9 (d-5) The board may suspend or by regulation authorize the

10 superintendent of the district or the principal, assistant

11 principal, or dean of students of any school to suspend a

12 student for a period not to exceed 10 school days or may expel

13 a student for a definite period of time not to exceed 2

14 calendar years, as determined on a case-by-case basis, if (i)

15 that student has been determined to have made an explicit

16 threat on an Internet website against a school employee, a

17 student, or any school-related personnel, (ii) the Internet

18 website through which the threat was made is a site that was

19 accessible within the school at the time the threat was made or

20 was available to third parties who worked or studied within

21 the school grounds at the time the threat was made, and (iii)

22 the threat could be reasonably interpreted as threatening to

23 the safety and security of the threatened individual because

24 of the individual's duties or employment status or status as a

25 student inside the school.

26 (e) To maintain order and security in the schools, school

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1 authorities may inspect and search places and areas such as

2 lockers, desks, parking lots, and other school property and

3 equipment owned or controlled by the school, as well as

4 personal effects left in those places and areas by students,

5 without notice to or the consent of the student, and without a

6 search warrant. As a matter of public policy, the General

7 Assembly finds that students have no reasonable expectation of

8 privacy in these places and areas or in their personal effects

9 left in these places and areas. School authorities may request

10 the assistance of law enforcement officials for the purpose of

11 conducting inspections and searches of lockers, desks, parking

12 lots, and other school property and equipment owned or

13 controlled by the school for illegal drugs, weapons, or other

14 illegal or dangerous substances or materials, including

15 searches conducted through the use of specially trained dogs.

16 If a search conducted in accordance with this Section produces

17 evidence that the student has violated or is violating either

18 the law, local ordinance, or the school's policies or rules,

19 such evidence may be seized by school authorities, and

20 disciplinary action may be taken. School authorities may also

21 turn over such evidence to law enforcement authorities.

22 (f) Suspension or expulsion may include suspension or

23 expulsion from school and all school activities and a

24 prohibition from being present on school grounds.

25 (g) A school district may adopt a policy providing that if

26 a student is suspended or expelled for any reason from any

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1 public or private school in this or any other state, the

2 student must complete the entire term of the suspension or

3 expulsion in an alternative school program under Article 13A

4 of this Code or an alternative learning opportunities program

5 under Article 13B of this Code before being admitted into the

6 school district if there is no threat to the safety of students

7 or staff in the alternative program.

8 (h) School officials shall not advise or encourage

9 students to drop out voluntarily due to behavioral or academic

10 difficulties.

11 (i) A student may not be issued a monetary fine or fee as a

12 disciplinary consequence, though this shall not preclude

13 requiring a student to provide restitution for lost, stolen,

14 or damaged property.

15 (j) Subsections (a) through (i) of this Section shall

16 apply to elementary and secondary schools, charter schools,

17 special charter districts, and school districts organized

18 under Article 34 of this Code.

19 (k) The expulsion of students enrolled in programs funded

20 under Section 1C-2 of this Code is subject to the requirements

21 under paragraph (7) of subsection (a) of Section 2-3.71 of

22 this Code.

23 (l) An in-school suspension program provided by a school

24 district for any students in kindergarten through grade 12 may

25 focus on promoting non-violent conflict resolution and

26 positive interaction with other students and school personnel.

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1 A school district may employ a school social worker or a

2 licensed mental health professional to oversee an in-school

3 suspension program in kindergarten through grade 12.

4 (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22;

5 103-594, eff. 6-25-24; 103-896, eff. 8-9-24; revised 9-25-24.)

6 (Text of Section after amendment by P.A. 102-466)

7 Sec. 10-22.6. Suspension or expulsion of students; school

8 searches.

9 (a) To expel students guilty of gross disobedience or

10 misconduct, including gross disobedience or misconduct

11 perpetuated by electronic means, pursuant to subsection (b-20)

12 of this Section, and no action shall lie against them for such

13 expulsion. Expulsion shall take place only after the parents

14 or guardians have been requested to appear at a meeting of the

15 board, or with a hearing officer appointed by it, to discuss

16 their child's behavior. Such request shall be made by

17 registered or certified mail and shall state the time, place

18 and purpose of the meeting. The board, or a hearing officer

19 appointed by it, at such meeting shall state the reasons for

20 dismissal and the date on which the expulsion is to become

21 effective. If a hearing officer is appointed by the board, the

22 hearing officer shall report to the board a written summary of

23 the evidence heard at the meeting and the board may take such

24 action thereon as it finds appropriate. If the board acts to

25 expel a student, the written expulsion decision shall detail

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1 the specific reasons why removing the student from the

2 learning environment is in the best interest of the school.

3 The expulsion decision shall also include a rationale as to

4 the specific duration of the expulsion. An expelled student

5 may be immediately transferred to an alternative program in

6 the manner provided in Article 13A or 13B of this Code. A

7 student must not be denied transfer because of the expulsion,

8 except in cases in which such transfer is deemed to cause a

9 threat to the safety of students or staff in the alternative

10 program.

11 (b) To suspend or by policy to authorize the

12 superintendent of the district or the principal, assistant

13 principal, or dean of students of any school to suspend

14 students guilty of gross disobedience or misconduct, or to

15 suspend students guilty of gross disobedience or misconduct on

16 the school bus from riding the school bus, pursuant to

17 subsections (b-15) and (b-20) of this Section, and no action

18 shall lie against them for such suspension. The board may by

19 policy authorize the superintendent of the district or the

20 principal, assistant principal, or dean of students of any

21 school to suspend students guilty of such acts for a period not

22 to exceed 10 school days. If a student is suspended due to

23 gross disobedience or misconduct on a school bus, the board

24 may suspend the student in excess of 10 school days for safety

25 reasons.

26 Any suspension shall be reported immediately to the

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1 parents or guardians of a student along with a full statement

2 of the reasons for such suspension and a notice of their right

3 to a review. The school board must be given a summary of the

4 notice, including the reason for the suspension and the

5 suspension length. Upon request of the parents or guardians,

6 the school board or a hearing officer appointed by it shall

7 review such action of the superintendent or principal,

8 assistant principal, or dean of students. At such review, the

9 parents or guardians of the student may appear and discuss the

10 suspension with the board or its hearing officer. If a hearing

11 officer is appointed by the board, he shall report to the board

12 a written summary of the evidence heard at the meeting. After

13 its hearing or upon receipt of the written report of its

14 hearing officer, the board may take such action as it finds

15 appropriate. If a student is suspended pursuant to this

16 subsection (b), the board shall, in the written suspension

17 decision, detail the specific act of gross disobedience or

18 misconduct resulting in the decision to suspend. The

19 suspension decision shall also include a rationale as to the

20 specific duration of the suspension.

21 (b-5) Among the many possible disciplinary interventions

22 and consequences available to school officials, school

23 exclusions, such as out-of-school suspensions and expulsions,

24 are the most serious. School officials shall limit the number

25 and duration of expulsions and suspensions to the greatest

26 extent practicable, and it is recommended that they use them

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1 only for legitimate educational purposes. To ensure that

2 students are not excluded from school unnecessarily, it is

3 recommended that school officials consider forms of

4 non-exclusionary discipline prior to using out-of-school

5 suspensions or expulsions.

6 (b-10) Unless otherwise required by federal law or this

7 Code, school boards may not institute zero-tolerance policies

8 by which school administrators are required to suspend or

9 expel students for particular behaviors.

10 (b-15) Out-of-school suspensions of 3 days or less may be

11 used only if the student's continuing presence in school would

12 pose a threat to school safety or a disruption to other

13 students' learning opportunities. For purposes of this

14 subsection (b-15), "threat to school safety or a disruption to

15 other students' learning opportunities" shall be determined on

16 a case-by-case basis by the school board or its designee.

17 School officials shall make all reasonable efforts to resolve

18 such threats, address such disruptions, and minimize the

19 length of suspensions to the greatest extent practicable.

20 (b-20) Unless otherwise required by this Code,

21 out-of-school suspensions of longer than 3 days, expulsions,

22 and disciplinary removals to alternative schools may be used

23 only if other appropriate and available behavioral and

24 disciplinary interventions have been exhausted and the

25 student's continuing presence in school would either (i) pose

26 a threat to the safety of other students, staff, or members of

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1 the school community or (ii) substantially disrupt, impede, or

2 interfere with the operation of the school. For purposes of

3 this subsection (b-20), "threat to the safety of other

4 students, staff, or members of the school community" and

5 "substantially disrupt, impede, or interfere with the

6 operation of the school" shall be determined on a case-by-case

7 basis by school officials. For purposes of this subsection

8 (b-20), the determination of whether "appropriate and

9 available behavioral and disciplinary interventions have been

10 exhausted" shall be made by school officials. School officials

11 shall make all reasonable efforts to resolve such threats,

12 address such disruptions, and minimize the length of student

13 exclusions to the greatest extent practicable. Within the

14 suspension decision described in subsection (b) of this

15 Section or the expulsion decision described in subsection (a)

16 of this Section, it shall be documented whether other

17 interventions were attempted or whether it was determined that

18 there were no other appropriate and available interventions.

19 (b-25) Students who are suspended out-of-school for longer

20 than 3 school days shall be provided appropriate and available

21 support services during the period of their suspension. For

22 purposes of this subsection (b-25), "appropriate and available

23 support services" shall be determined by school authorities.

24 Within the suspension decision described in subsection (b) of

25 this Section, it shall be documented whether such services are

26 to be provided or whether it was determined that there are no

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1 such appropriate and available services.

2 A school district may refer students who are expelled to

3 appropriate and available support services.

4 A school district shall create a policy to facilitate the

5 re-engagement of students who are suspended out-of-school,

6 expelled, or returning from an alternative school setting. In

7 consultation with stakeholders deemed appropriate by the State

8 Board of Education, the State Board of Education shall draft

9 and publish guidance for the re-engagement of students who are

10 suspended out-of-school, expelled, or returning from an

11 alternative school setting in accordance with this Section and

12 Section 13A-4 on or before July 1, 2025.

13 (b-30) A school district shall create a policy by which

14 suspended students, including those students suspended from

15 the school bus who do not have alternate transportation to

16 school, shall have the opportunity to make up work for

17 equivalent academic credit. It shall be the responsibility of

18 a student's parents or guardians to notify school officials

19 that a student suspended from the school bus does not have

20 alternate transportation to school.

21 (b-35) In all suspension review hearings conducted under

22 subsection (b) or expulsion hearings conducted under

23 subsection (a), a student may disclose any factor to be

24 considered in mitigation, including his or her status as a

25 parent, expectant parent, or victim of domestic or sexual

26 violence, as defined in Article 26A. A representative of the

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1 parent's or guardian's choice, or of the student's choice if

2 emancipated, must be permitted to represent the student

3 throughout the proceedings and to address the school board or

4 its appointed hearing officer. With the approval of the

5 student's parent or guardian, or of the student if

6 emancipated, a support person must be permitted to accompany

7 the student to any disciplinary hearings or proceedings. The

8 representative or support person must comply with any rules of

9 the school district's hearing process. If the representative

10 or support person violates the rules or engages in behavior or

11 advocacy that harasses, abuses, or intimidates either party, a

12 witness, or anyone else in attendance at the hearing, the

13 representative or support person may be prohibited from

14 further participation in the hearing or proceeding. A

15 suspension or expulsion proceeding under this subsection

16 (b-35) must be conducted independently from any ongoing

17 criminal investigation or proceeding, and an absence of

18 pending or possible criminal charges, criminal investigations,

19 or proceedings may not be a factor in school disciplinary

20 decisions.

21 (b-40) During a suspension review hearing conducted under

22 subsection (b) or an expulsion hearing conducted under

23 subsection (a) that involves allegations of sexual violence by

24 the student who is subject to discipline, neither the student

25 nor his or her representative shall directly question nor have

26 direct contact with the alleged victim. The student who is

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1 subject to discipline or his or her representative may, at the

2 discretion and direction of the school board or its appointed

3 hearing officer, suggest questions to be posed by the school

4 board or its appointed hearing officer to the alleged victim.

5 (c) A school board must invite a representative from a

6 local mental health agency to consult with the board at the

7 meeting whenever there is evidence that mental illness may be

8 the cause of a student's expulsion or suspension.

9 (c-5) School districts shall make reasonable efforts to

10 provide ongoing professional development to all school

11 personnel, school board members, and school resource officers

12 on the requirements of this Section and Section 10-20.14, the

13 adverse consequences of school exclusion and justice-system

14 involvement, effective classroom management strategies,

15 culturally responsive discipline, trauma-responsive learning

16 environments, as defined in subsection (b) of Section 3-11,

17 the appropriate and available supportive services for the

18 promotion of student attendance and engagement, and

19 developmentally appropriate disciplinary methods that promote

20 positive and healthy school climates.

21 (d) The board may expel a student for a definite period of

22 time not to exceed 2 calendar years, as determined on a

23 case-by-case basis. A student who is determined to have

24 brought one of the following objects to school, any

25 school-sponsored activity or event, or any activity or event

26 that bears a reasonable relationship to school shall be

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1 expelled for a period of not less than one year:

2 (1) A firearm. For the purposes of this Section,

3 "firearm" means any gun, rifle, shotgun, weapon as defined

4 by Section 921 of Title 18 of the United States Code,

5 firearm as defined in Section 2-7.5 ~~1.1 of the Firearm~~

6 ~~Owners Identification Card Act, or firearm as defined in~~

7 ~~Section 24-1~~ of the Criminal Code of 2012. The expulsion

8 period under this subdivision (1) may be modified by the

9 superintendent, and the superintendent's determination may

10 be modified by the board on a case-by-case basis.

11 (2) A knife, brass knuckles or other knuckle weapon

12 regardless of its composition, a billy club, or any other

13 object if used or attempted to be used to cause bodily

14 harm, including "look alikes" of any firearm as defined in

15 subdivision (1) of this subsection (d). The expulsion

16 requirement under this subdivision (2) may be modified by

17 the superintendent, and the superintendent's determination

18 may be modified by the board on a case-by-case basis.

19 Expulsion or suspension shall be construed in a manner

20 consistent with the federal Individuals with Disabilities

21 Education Act. A student who is subject to suspension or

22 expulsion as provided in this Section may be eligible for a

23 transfer to an alternative school program in accordance with

24 Article 13A of the School Code.

25 (d-5) The board may suspend or by regulation authorize the

26 superintendent of the district or the principal, assistant

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1 principal, or dean of students of any school to suspend a

2 student for a period not to exceed 10 school days or may expel

3 a student for a definite period of time not to exceed 2

4 calendar years, as determined on a case-by-case basis, if (i)

5 that student has been determined to have made an explicit

6 threat on an Internet website against a school employee, a

7 student, or any school-related personnel, (ii) the Internet

8 website through which the threat was made is a site that was

9 accessible within the school at the time the threat was made or

10 was available to third parties who worked or studied within

11 the school grounds at the time the threat was made, and (iii)

12 the threat could be reasonably interpreted as threatening to

13 the safety and security of the threatened individual because

14 of the individual's duties or employment status or status as a

15 student inside the school.

16 (e) To maintain order and security in the schools, school

17 authorities may inspect and search places and areas such as

18 lockers, desks, parking lots, and other school property and

19 equipment owned or controlled by the school, as well as

20 personal effects left in those places and areas by students,

21 without notice to or the consent of the student, and without a

22 search warrant. As a matter of public policy, the General

23 Assembly finds that students have no reasonable expectation of

24 privacy in these places and areas or in their personal effects

25 left in these places and areas. School authorities may request

26 the assistance of law enforcement officials for the purpose of

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1 conducting inspections and searches of lockers, desks, parking

2 lots, and other school property and equipment owned or

3 controlled by the school for illegal drugs, weapons, or other

4 illegal or dangerous substances or materials, including

5 searches conducted through the use of specially trained dogs.

6 If a search conducted in accordance with this Section produces

7 evidence that the student has violated or is violating either

8 the law, local ordinance, or the school's policies or rules,

9 such evidence may be seized by school authorities, and

10 disciplinary action may be taken. School authorities may also

11 turn over such evidence to law enforcement authorities.

12 (f) Suspension or expulsion may include suspension or

13 expulsion from school and all school activities and a

14 prohibition from being present on school grounds.

15 (g) A school district may adopt a policy providing that if

16 a student is suspended or expelled for any reason from any

17 public or private school in this or any other state, the

18 student must complete the entire term of the suspension or

19 expulsion in an alternative school program under Article 13A

20 of this Code or an alternative learning opportunities program

21 under Article 13B of this Code before being admitted into the

22 school district if there is no threat to the safety of students

23 or staff in the alternative program. A school district that

24 adopts a policy under this subsection (g) must include a

25 provision allowing for consideration of any mitigating

26 factors, including, but not limited to, a student's status as

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1 a parent, expectant parent, or victim of domestic or sexual

2 violence, as defined in Article 26A.

3 (h) School officials shall not advise or encourage

4 students to drop out voluntarily due to behavioral or academic

5 difficulties.

6 (i) A student may not be issued a monetary fine or fee as a

7 disciplinary consequence, though this shall not preclude

8 requiring a student to provide restitution for lost, stolen,

9 or damaged property.

10 (j) Subsections (a) through (i) of this Section shall

11 apply to elementary and secondary schools, charter schools,

12 special charter districts, and school districts organized

13 under Article 34 of this Code.

14 (k) Through June 30, 2026, the expulsion of students

15 enrolled in programs funded under Section 1C-2 of this Code is

16 subject to the requirements under paragraph (7) of subsection

17 (a) of Section 2-3.71 of this Code.

18 (k-5) On and after July 1, 2026, the expulsion of children

19 enrolled in programs funded under Section 15-25 of the

20 Department of Early Childhood Act is subject to the

21 requirements of paragraph (7) of subsection (a) of Section

22 15-30 of the Department of Early Childhood Act.

23 (l) An in-school suspension program provided by a school

24 district for any students in kindergarten through grade 12 may

25 focus on promoting non-violent conflict resolution and

26 positive interaction with other students and school personnel.

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1 A school district may employ a school social worker or a

2 licensed mental health professional to oversee an in-school

3 suspension program in kindergarten through grade 12.

4 (Source: P.A. 102-466, eff. 7-1-25; 102-539, eff. 8-20-21;

5 102-813, eff. 5-13-22; 103-594, eff. 6-25-24; 103-896, eff.

6 8-9-24; revised 9-25-24.)

7 (105 ILCS 5/10-27.1A)

8 (Text of Section from P.A. 103-609)

9 Sec. 10-27.1A. Firearms in schools.

10 (a) All school officials, including teachers, school

11 counselors, and support staff, shall immediately notify the

12 office of the principal in the event that they observe any

13 person in possession of a firearm on school grounds; provided

14 that taking such immediate action to notify the office of the

15 principal would not immediately endanger the health, safety,

16 or welfare of students who are under the direct supervision of

17 the school official or the school official. If the health,

18 safety, or welfare of students under the direct supervision of

19 the school official or of the school official is immediately

20 endangered, the school official shall notify the office of the

21 principal as soon as the students under his or her supervision

22 and he or she are no longer under immediate danger. A report is

23 not required by this Section when the school official knows

24 that the person in possession of the firearm is a law

25 enforcement official engaged in the conduct of his or her

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1 official duties. Any school official acting in good faith who

2 makes such a report under this Section shall have immunity

3 from any civil or criminal liability that might otherwise be

4 incurred as a result of making the report. The identity of the

5 school official making such report shall not be disclosed

6 except as expressly and specifically authorized by law.

7 Knowingly and willfully failing to comply with this Section is

8 a petty offense. A second or subsequent offense is a Class C

9 misdemeanor.

10 (b) Upon receiving a report from any school official

11 pursuant to this Section, or from any other person, the

12 principal or his or her designee shall immediately notify a

13 local law enforcement agency. If the person found to be in

14 possession of a firearm on school grounds is a student, the

15 principal or his or her designee shall also immediately notify

16 that student's parent or guardian. Any principal or his or her

17 designee acting in good faith who makes such reports under

18 this Section shall have immunity from any civil or criminal

19 liability that might otherwise be incurred or imposed as a

20 result of making the reports. Knowingly and willfully failing

21 to comply with this Section is a petty offense. A second or

22 subsequent offense is a Class C misdemeanor. If the person

23 found to be in possession of the firearm on school grounds is a

24 minor, the law enforcement agency shall detain that minor

25 until such time as the agency makes a determination pursuant

26 to clause (a) of subsection (1) of Section 5-401 of the

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1 Juvenile Court Act of 1987, as to whether the agency

2 reasonably believes that the minor is delinquent. If the law

3 enforcement agency determines that probable cause exists to

4 believe that the minor committed a violation of item (4) of

5 subsection (a) of Section 24-1 of the Criminal Code of 2012

6 while on school grounds, the agency shall detain the minor for

7 processing pursuant to Section 5-407 of the Juvenile Court Act

8 of 1987.

9 (c) Upon receipt of any written, electronic, or verbal

10 report from any school personnel regarding a verified incident

11 involving a firearm in a school or on school owned or leased

12 property, including any conveyance owned, leased, or used by

13 the school for the transport of students or school personnel,

14 the superintendent or his or her designee shall report all

15 such firearm-related incidents occurring in a school or on

16 school property to the local law enforcement authorities

17 immediately.

18 (c-5) Schools shall report any written, electronic, or

19 verbal report of a verified incident involving a firearm made

20 under subsection (c) to the State Board of Education through

21 existing school incident reporting systems as they occur

22 during the year by no later than August 1 of each year. The

23 State Board of Education shall report data by school district,

24 as collected from school districts, and make it available to

25 the public via its website. The local law enforcement

26 authority shall, by March 1 of each year, report the required

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1 data from the previous year to the Illinois State Police's

2 Illinois Uniform Crime Reporting Program, which shall be

3 included in its annual Crime in Illinois report.

4 (d) As used in this Section, the term "firearm" shall have

5 the meaning ascribed to it in Section 2-7.5 of the Criminal

6 Code of 2012 ~~1.1 of the Firearm Owners Identification Card~~

7 ~~Act~~.

8 As used in this Section, the term "school" means any

9 public or private elementary or secondary school.

10 As used in this Section, the term "school grounds"

11 includes the real property comprising any school, any

12 conveyance owned, leased, or contracted by a school to

13 transport students to or from school or a school-related

14 activity, or any public way within 1,000 feet of the real

15 property comprising any school.

16 (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;

17 102-813, eff. 5-13-22; 103-34, eff. 6-9-23; 103-609, eff.

18 7-1-24.)

19 (Text of Section from P.A. 103-780)

20 Sec. 10-27.1A. Firearms in schools.

21 (a) All school officials, including teachers, school

22 counselors, and support staff, shall immediately notify the

23 office of the principal in the event that they observe any

24 person in possession of a firearm on school grounds; provided

25 that taking such immediate action to notify the office of the

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1 principal would not immediately endanger the health, safety,

2 or welfare of students who are under the direct supervision of

3 the school official or the school official. If the health,

4 safety, or welfare of students under the direct supervision of

5 the school official or of the school official is immediately

6 endangered, the school official shall notify the office of the

7 principal as soon as the students under his or her supervision

8 and he or she are no longer under immediate danger. A report is

9 not required by this Section when the school official knows

10 that the person in possession of the firearm is a law

11 enforcement official engaged in the conduct of his or her

12 official duties. Any school official acting in good faith who

13 makes such a report under this Section shall have immunity

14 from any civil or criminal liability that might otherwise be

15 incurred as a result of making the report. The identity of the

16 school official making such report shall not be disclosed

17 except as expressly and specifically authorized by law.

18 Knowingly and willfully failing to comply with this Section is

19 a petty offense. A second or subsequent offense is a Class C

20 misdemeanor.

21 (b) Upon receiving a report from any school official

22 pursuant to this Section, or from any other person, the

23 principal or his or her designee shall immediately notify a

24 local law enforcement agency. If the person found to be in

25 possession of a firearm on school grounds is a student, the

26 principal or his or her designee shall also immediately notify

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1 that student's parent or guardian. Any principal or his or her

2 designee acting in good faith who makes such reports under

3 this Section shall have immunity from any civil or criminal

4 liability that might otherwise be incurred or imposed as a

5 result of making the reports. Knowingly and willfully failing

6 to comply with this Section is a petty offense. A second or

7 subsequent offense is a Class C misdemeanor. If the person

8 found to be in possession of the firearm on school grounds is a

9 minor, the law enforcement agency shall detain that minor

10 until such time as the agency makes a determination pursuant

11 to clause (a) of subsection (1) of Section 5-401 of the

12 Juvenile Court Act of 1987, as to whether the agency

13 reasonably believes that the minor is delinquent. If the law

14 enforcement agency determines that probable cause exists to

15 believe that the minor committed a violation of item (4) of

16 subsection (a) of Section 24-1 of the Criminal Code of 2012

17 while on school grounds, the agency shall detain the minor for

18 processing pursuant to Section 5-407 of the Juvenile Court Act

19 of 1987.

20 (c) Upon receipt of any written, electronic, or verbal

21 report from any school personnel regarding a verified incident

22 involving a firearm in a school or on school owned or leased

23 property, including any conveyance owned, leased, or used by

24 the school for the transport of students or school personnel,

25 the superintendent or his or her designee shall report all

26 such firearm-related incidents occurring in a school or on

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1 school property to the local law enforcement authorities

2 immediately.

3 (c-5) Schools shall report any written, electronic, or

4 verbal report of a verified incident involving a firearm made

5 under subsection (c) to the State Board of Education through

6 existing school incident reporting systems as they occur

7 during the year by no later than July 31 for the previous

8 school year. The State Board of Education shall report data by

9 school district, as collected from school districts, and make

10 it available to the public via its website. The local law

11 enforcement authority shall, by March 1 of each year, report

12 the required data from the previous year to the Illinois State

13 Police's Illinois Uniform Crime Reporting Program, which shall

14 be included in its annual Crime in Illinois report.

15 (d) As used in this Section, the term "firearm" shall have

16 the meaning ascribed to it in Section 2-7.5 of the Criminal

17 Code of 2012 ~~1.1 of the Firearm Owners Identification Card~~

18 ~~Act~~.

19 As used in this Section, the term "school" means any

20 public or private elementary or secondary school.

21 As used in this Section, the term "school grounds"

22 includes the real property comprising any school, any

23 conveyance owned, leased, or contracted by a school to

24 transport students to or from school or a school-related

25 activity, or any public way within 1,000 feet of the real

26 property comprising any school.

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1 (Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;

2 102-813, eff. 5-13-22; 103-34, eff. 6-9-23; 103-780, eff.

3 8-2-24.)

4 (105 ILCS 5/34-8.05)

5 Sec. 34-8.05. Reporting firearms in schools. On or after

6 January 1, 1997, upon receipt of any written, electronic, or

7 verbal report from any school personnel regarding a verified

8 incident involving a firearm in a school or on school owned or

9 leased property, including any conveyance owned, leased, or

10 used by the school for the transport of students or school

11 personnel, the general superintendent or his or her designee

12 shall report all such firearm-related incidents occurring in a

13 school or on school property to the local law enforcement

14 authorities no later than 24 hours after the occurrence of the

15 incident.

16 The general superintendent or the general superintendent's

17 designee shall report any written, electronic, or verbal

18 report of a verified incident involving a firearm to the State

19 Board of Education through existing school incident reporting

20 systems as they occur during the year by no later than July 31

21 for the previous school year. The State Board of Education

22 shall report the data and make it available to the public via

23 its website. The local law enforcement authority shall, by

24 March 1 of each year, report the required data from the

25 previous year to the Illinois State Police's Illinois Uniform

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1 Crime Reporting Program, which shall be included in its annual

2 Crime in Illinois report.

3 As used in this Section, the term "firearm" shall have the

4 meaning ascribed to it in Section 2-7.5 of the Criminal Code of

5 2012 ~~1.1 of the Firearm Owners Identification Card Act~~.

6 (Source: P.A. 102-538, eff. 8-20-21; 103-780, eff. 8-2-24.)

7 Section 40. The Illinois Explosives Act is amended by

8 changing Section 2005 as follows:

9 (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)

10 Sec. 2005. Qualifications for licensure.

11 (a) No person shall qualify to hold a license who:

12 (1) is under 21 years of age;

13 (2) has been convicted in any court of a crime

14 punishable by imprisonment for a term exceeding one year;

15 (3) is under indictment for a crime punishable by

16 imprisonment for a term exceeding one year;

17 (4) is a fugitive from justice;

18 (5) is an unlawful user of or addicted to any

19 controlled substance as defined in Section 102 of the

20 federal Controlled Substances Act (21 U.S.C. Sec. 802 et

21 seq.);

22 (6) has been adjudicated a person with a mental

23 disability as defined in Section 6-103.1 of the Mental

24 Health and Developmental Disabilities Code ~~1.1 of the~~

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1 ~~Firearm Owners Identification Card Act~~; or

2 (7) is not a legal citizen of the United States or

3 lawfully admitted for permanent residence.

4 (b) A person who has been granted a "relief from

5 disabilities" regarding criminal convictions and indictments,

6 pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.

7 845) may receive a license provided all other qualifications

8 under this Act are met.

9 (Source: P.A. 101-541, eff. 8-23-19.)

10 Section 45. The Private Detective, Private Alarm, Private

11 Security, and Locksmith Act of 2004 is amended by changing

12 Sections 35-30 and 35-35 as follows:

13 (225 ILCS 447/35-30)

14 (Section scheduled to be repealed on January 1, 2029)

15 Sec. 35-30. Employee requirements. All employees of a

16 licensed agency, other than those exempted, shall apply for a

17 permanent employee registration card. The holder of an agency

18 license issued under this Act, known in this Section as

19 "employer", may employ in the conduct of the employer's

20 business employees under the following provisions:

21 (a) No person shall be issued a permanent employee

22 registration card who:

23 (1) Is younger than 18 years of age.

24 (2) Is younger than 21 years of age if the services

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1 will include being armed.

2 (3) Has been determined by the Department to be unfit

3 by reason of conviction of an offense in this or another

4 state, including registration as a sex offender, but not

5 including a traffic offense. Persons convicted of felonies

6 involving bodily harm, weapons, violence, or theft within

7 the previous 10 years shall be presumed to be unfit for

8 registration. The Department shall adopt rules for making

9 those determinations that shall afford the applicant due

10 process of law.

11 (4) Has had a license or permanent employee

12 registration card denied, suspended, or revoked under this

13 Act (i) within one year before the date the person's

14 application for permanent employee registration card is

15 received by the Department; and (ii) that refusal, denial,

16 suspension, or revocation was based on any provision of

17 this Act other than Section 40-50, item (6) or (8) of

18 subsection (a) of Section 15-10, subsection (b) of Section

19 15-10, item (6) or (8) of subsection (a) of Section 20-10,

20 subsection (b) of Section 20-10, item (6) or (8) of

21 subsection (a) of Section 25-10, subsection (b) of Section

22 25-10, item (7) of subsection (a) of Section 30-10,

23 subsection (b) of Section 30-10, or Section 10-40.

24 (5) Has been declared incompetent by any court of

25 competent jurisdiction by reason of mental disease or

26 defect and has not been restored.

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1 (6) Has been dishonorably discharged from the armed

2 services of the United States.

3 (b) No person may be employed by a private detective

4 agency, private security contractor agency, private alarm

5 contractor agency, fingerprint vendor agency, or locksmith

6 agency under this Section until the person has executed and

7 furnished to the employer, on forms furnished by the

8 Department, a verified statement to be known as "Employee's

9 Statement" setting forth:

10 (1) The person's full name, age, and residence

11 address.

12 (2) The business or occupation engaged in for the 5

13 years immediately before the date of the execution of the

14 statement, the place where the business or occupation was

15 engaged in, and the names of employers, if any.

16 (3) That the person has not had a license or employee

17 registration denied, revoked, or suspended under this Act

18 (i) within one year before the date the person's

19 application for permanent employee registration card is

20 received by the Department; and (ii) that refusal, denial,

21 suspension, or revocation was based on any provision of

22 this Act other than Section 40-50, item (6) or (8) of

23 subsection (a) of Section 15-10, subsection (b) of Section

24 15-10, item (6) or (8) of subsection (a) of Section 20-10,

25 subsection (b) of Section 20-10, item (6) or (8) of

26 subsection (a) of Section 25-10, subsection (b) of Section

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1 25-10, item (7) of subsection (a) of Section 30-10,

2 subsection (b) of Section 30-10, or Section 10-40.

3 (4) Any conviction of a felony or misdemeanor.

4 (5) Any declaration of incompetence by a court of

5 competent jurisdiction that has not been restored.

6 (6) Any dishonorable discharge from the armed services

7 of the United States.

8 (7) Any other information as may be required by any

9 rule of the Department to show the good character,

10 competency, and integrity of the person executing the

11 statement.

12 (c) Each applicant for a permanent employee registration

13 card shall have the applicant's fingerprints submitted to the

14 Illinois State Police in an electronic format that complies

15 with the form and manner for requesting and furnishing

16 criminal history record information as prescribed by the

17 Illinois State Police. These fingerprints shall be checked

18 against the Illinois State Police and Federal Bureau of

19 Investigation criminal history record databases now and

20 hereafter filed. The Illinois State Police shall charge

21 applicants a fee for conducting the criminal history records

22 check, which shall be deposited in the State Police Services

23 Fund and shall not exceed the actual cost of the records check.

24 The Illinois State Police shall furnish, pursuant to positive

25 identification, records of Illinois convictions to the

26 Department. The Department may require applicants to pay a

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1 separate fingerprinting fee, either to the Department or

2 directly to the vendor. The Department, in its discretion, may

3 allow an applicant who does not have reasonable access to a

4 designated vendor to provide the applicant's fingerprints in

5 an alternative manner. The Department, in its discretion, may

6 also use other procedures in performing or obtaining criminal

7 background checks of applicants. Instead of submitting the

8 applicant's fingerprints, an individual may submit proof that

9 is satisfactory to the Department that an equivalent security

10 clearance has been conducted. Also, an individual who has

11 retired as a peace officer within 12 months of application may

12 submit verification, on forms provided by the Department and

13 signed by the applicant's employer, of the applicant's

14 previous full-time employment as a peace officer.

15 (d) The Department shall issue a permanent employee

16 registration card, in a form the Department prescribes, to all

17 qualified applicants. The holder of a permanent employee

18 registration card shall carry the card at all times while

19 actually engaged in the performance of the duties of the

20 employee's employment. Expiration and requirements for renewal

21 of permanent employee registration cards shall be established

22 by rule of the Department. Possession of a permanent employee

23 registration card does not in any way imply that the holder of

24 the card is employed by an agency unless the permanent

25 employee registration card is accompanied by the employee

26 identification card required by subsection (f) of this

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1 Section.

2 (e) Each employer shall maintain a record of each employee

3 that is accessible to the duly authorized representatives of

4 the Department. The record shall contain the following

5 information:

6 (1) A photograph taken within 10 days of the date that

7 the employee begins employment with the employer. The

8 photograph shall be replaced with a current photograph

9 every 3 calendar years.

10 (2) The Employee's Statement specified in subsection

11 (b) of this Section.

12 (3) All correspondence or documents relating to the

13 character and integrity of the employee received by the

14 employer from any official source or law enforcement

15 agency.

16 (4) In the case of former employees, the employee

17 identification card of that person issued under subsection

18 (f) of this Section. Each employee record shall duly note

19 if the employee is employed in an armed capacity. Armed

20 employee files shall contain ~~a copy of an active firearm~~

21 ~~owner's identification card and~~ a copy of an active

22 firearm control card. Each employer shall maintain a

23 record for each armed employee of each instance in which

24 the employee's weapon was discharged during the course of

25 the employee's professional duties or activities. The

26 record shall be maintained on forms provided by the

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1 Department, a copy of which must be filed with the

2 Department within 15 days of an instance. The record shall

3 include the date and time of the occurrence, the

4 circumstances involved in the occurrence, and any other

5 information as the Department may require. Failure to

6 provide this information to the Department or failure to

7 maintain the record as a part of each armed employee's

8 permanent file is grounds for disciplinary action. The

9 Department, upon receipt of a report, shall have the

10 authority to make any investigation it considers

11 appropriate into any occurrence in which an employee's

12 weapon was discharged and to take disciplinary action as

13 may be appropriate.

14 (5) A copy of the employee's permanent employee

15 registration card or a copy of the Department's "License

16 Lookup" Webpage showing that the employee has been issued

17 a valid permanent employee registration card by the

18 Department.

19 The Department may, by rule, prescribe further record

20 requirements.

21 (f) Every employer shall furnish an employee

22 identification card to each of the employer's employees. This

23 employee identification card shall contain a recent photograph

24 of the employee, the employee's name, the name and agency

25 license number of the employer, the employee's personal

26 description, the signature of the employer, the signature of

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1 that employee, the date of issuance, and an employee

2 identification card number.

3 (g) No employer may issue an employee identification card

4 to any person who is not employed by the employer in accordance

5 with this Section or falsely state or represent that a person

6 is or has been in the employer's employ. It is unlawful for an

7 applicant for registered employment to file with the

8 Department the fingerprints of a person other than himself or

9 herself.

10 (h) Every employer shall obtain the identification card of

11 every employee who terminates employment with the employer.

12 (i) Every employer shall maintain a separate roster of the

13 names of all employees currently working in an armed capacity

14 and submit the roster to the Department on request.

15 (j) No agency may employ any person to perform a licensed

16 activity under this Act unless the person possesses a valid

17 permanent employee registration card or a valid license under

18 this Act, or is exempt pursuant to subsection (n).

19 (k) Notwithstanding the provisions of subsection (j), an

20 agency may employ a person in a temporary capacity if all of

21 the following conditions are met:

22 (1) The agency completes in its entirety and submits

23 to the Department an application for a permanent employee

24 registration card, including the required fingerprint

25 receipt and fees.

26 (2) The agency has verification from the Department

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1 that the applicant has no record of any criminal

2 conviction pursuant to the criminal history check

3 conducted by the Illinois State Police. The agency shall

4 maintain the verification of the results of the Illinois

5 State Police criminal history check as part of the

6 employee record as required under subsection (e) of this

7 Section.

8 (3) The agency exercises due diligence to ensure that

9 the person is qualified under the requirements of this Act

10 to be issued a permanent employee registration card.

11 (4) The agency maintains a separate roster of the

12 names of all employees whose applications are currently

13 pending with the Department and submits the roster to the

14 Department on a monthly basis. Rosters are to be

15 maintained by the agency for a period of at least 24

16 months.

17 An agency may employ only a permanent employee applicant

18 for which it either submitted a permanent employee application

19 and all required forms and fees or it confirms with the

20 Department that a permanent employee application and all

21 required forms and fees have been submitted by another agency,

22 licensee or the permanent employee and all other requirements

23 of this Section are met.

24 The Department shall have the authority to revoke, without

25 a hearing, the temporary authority of an individual to work

26 upon receipt of Federal Bureau of Investigation fingerprint

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1 data or a report of another official authority indicating a

2 criminal conviction. If the Department has not received a

3 temporary employee's Federal Bureau of Investigation

4 fingerprint data within 120 days of the date the Department

5 received the Illinois State Police fingerprint data, the

6 Department may, at its discretion, revoke the employee's

7 temporary authority to work with 15 days written notice to the

8 individual and the employing agency.

9 An agency may not employ a person in a temporary capacity

10 if it knows or reasonably should have known that the person has

11 been convicted of a crime under the laws of this State, has

12 been convicted in another state of any crime that is a crime

13 under the laws of this State, has been convicted of any crime

14 in a federal court, or has been posted as an unapproved

15 applicant by the Department. Notice by the Department to the

16 agency, via certified mail, personal delivery, electronic

17 mail, or posting on the Department's Internet site accessible

18 to the agency that the person has been convicted of a crime

19 shall be deemed constructive knowledge of the conviction on

20 the part of the agency. The Department may adopt rules to

21 implement this subsection (k).

22 (l) No person may be employed under this Section in any

23 capacity if:

24 (1) the person, while so employed, is being paid by

25 the United States or any political subdivision for the

26 time so employed in addition to any payments the person

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1 may receive from the employer; or

2 (2) the person wears any portion of the person's

3 official uniform, emblem of authority, or equipment while

4 so employed.

5 (m) If information is discovered affecting the

6 registration of a person whose fingerprints were submitted

7 under this Section, the Department shall so notify the agency

8 that submitted the fingerprints on behalf of that person.

9 (n) Peace officers shall be exempt from the requirements

10 of this Section relating to permanent employee registration

11 cards. The agency shall remain responsible for any peace

12 officer employed under this exemption, regardless of whether

13 the peace officer is compensated as an employee or as an

14 independent contractor and as further defined by rule.

15 (o) Persons who have no access to confidential or security

16 information, who do not go to a client's or prospective

17 client's residence or place of business, and who otherwise do

18 not provide traditional security services are exempt from

19 employee registration. Examples of exempt employees include,

20 but are not limited to, employees working in the capacity of

21 ushers, directors, ticket takers, cashiers, drivers, and

22 reception personnel. Confidential or security information is

23 that which pertains to employee files, scheduling, client

24 contracts, or technical security and alarm data.

25 (p) An applicant who is 21 years of age or older seeking a

26 religious exemption to the photograph requirement of this

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1 Section shall furnish with the application an approved copy of

2 United States Department of the Treasury Internal Revenue

3 Service Form 4029. Regardless of age, an applicant seeking a

4 religious exemption to this photograph requirement shall

5 submit fingerprints in a form and manner prescribed by the

6 Department with the applicant's application in lieu of a

7 photograph.

8 (Source: P.A. 102-538, eff. 8-20-21; 103-309, eff. 1-1-24.)

9 (225 ILCS 447/35-35)

10 (Section scheduled to be repealed on January 1, 2029)

11 Sec. 35-35. Requirement of a firearm control card.

12 (a) No person shall perform duties that include the use,

13 carrying, or possession of a firearm in the performance of

14 those duties without complying with the provisions of this

15 Section and having been issued a valid firearm control card by

16 the Department.

17 (b) No employer shall employ any person to perform the

18 duties for which licensure or employee registration is

19 required and allow that person to carry a firearm unless that

20 person has complied with all the firearm training requirements

21 of this Section and has been issued a firearm control card.

22 This Act permits only the following to carry firearms while

23 actually engaged in the performance of their duties or while

24 commuting directly to or from their places of employment:

25 persons licensed as private detectives and their registered

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1 employees; persons licensed as private security contractors

2 and their registered employees; persons licensed as private

3 alarm contractors and their registered employees; and

4 employees of a registered armed proprietary security force.

5 (c) Possession of a valid firearm control card allows a

6 licensee or employee to carry a firearm not otherwise

7 prohibited by law while the licensee or employee is engaged in

8 the performance of the licensee's or employee's duties or

9 while the licensee or employee is commuting directly to or

10 from the licensee's or employee's place or places of

11 employment.

12 (d) The Department shall issue a firearm control card to a

13 person who has passed an approved firearm training course, who

14 is currently licensed or employed by an agency licensed by

15 this Act and has met all the requirements of this Act, and who

16 is not prohibited under State or federal law from possessing a

17 firearm ~~possesses a valid firearm owner identification card~~.

18 Application for the firearm control card shall be made by the

19 employer to the Department on forms provided by the

20 Department. The Department shall forward the card to the

21 employer who shall be responsible for its issuance to the

22 licensee or employee. The firearm control card shall be issued

23 by the Department and shall identify the person holding it and

24 the name of the course where the licensee or employee received

25 firearm instruction and shall specify the type of weapon or

26 weapons the person is authorized by the Department to carry

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1 and for which the person has been trained.

2 (e) Expiration and requirements for renewal of firearm

3 control cards shall be determined by rule.

4 (f) The Department may, in addition to any other

5 disciplinary action permitted by this Act, refuse to issue,

6 suspend, or revoke a firearm control card if the applicant or

7 holder has been convicted of any felony or crime involving the

8 illegal use, carrying, or possession of a deadly weapon or for

9 a violation of this Act or rules adopted ~~promulgated~~ under

10 this Act. The Department shall refuse to issue or shall revoke

11 a firearm control card if the applicant or holder is

12 prohibited under State or federal law from possessing a

13 firearm ~~fails to possess a valid firearm owners identification~~

14 ~~card without hearing~~. The Secretary shall summarily suspend a

15 firearm control card if the Secretary finds that its continued

16 use would constitute an imminent danger to the public. A

17 hearing shall be held before the Board within 30 days if the

18 Secretary summarily suspends a firearm control card.

19 (g) Notwithstanding any other provision of this Act to the

20 contrary, all requirements relating to firearms control cards

21 do not apply to a peace officer. If an individual ceases to be

22 employed as a peace officer and continues to perform services

23 in an armed capacity under this Act that are licensed

24 activities, then the individual is required to obtain a

25 permanent employee registration card pursuant to Section 35-30

26 of this Act ~~and must possess a valid Firearm Owner's~~

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1 ~~Identification Card~~, but is not required to obtain a firearm

2 control card if the individual is otherwise in continuing

3 compliance with the federal Law Enforcement Officers Safety

4 Act of 2004. If an individual elects to carry a firearm

5 pursuant to the federal Law Enforcement Officers Safety Act of

6 2004, then the agency employing the officer shall submit an

7 application to the Department for issuance of a waiver card

8 along with a fee specified by rule.

9 (h) The Department may issue a temporary firearm control

10 card pending issuance of a new firearm control card upon an

11 agency's acquiring of an established armed account. An agency

12 that has acquired armed employees as a result of acquiring an

13 established armed account may, on forms supplied by the

14 Department, request the issuance of a temporary firearm

15 control card for each acquired employee who held a valid

16 firearm control card under the employer's employment with the

17 newly acquired established armed account immediately preceding

18 the acquiring of the account and who continues to meet all of

19 the qualifications for issuance of a firearm control card set

20 forth in this Act and any rules adopted under this Act. The

21 Department shall, by rule, set the fee for issuance of a

22 temporary firearm control card.

23 (i) The Department shall not issue a firearm control card

24 to a licensed fingerprint vendor or a licensed locksmith or

25 employees of a licensed fingerprint vendor agency or a

26 licensed locksmith agency.

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1 (Source: P.A. 103-309, eff. 1-1-24.)

2 Section 46. The Illinois Gambling Act is amended by

3 changing Section 5.4 as follows:

4 (230 ILCS 10/5.4)

5 Sec. 5.4. Retiring investigators; purchase of service

6 firearm and badge. The Board shall establish a program to

7 allow an investigator appointed under paragraph (20.6) of

8 subsection (c) of Section 4 who is honorably retiring in good

9 standing to purchase either one or both of the following: (1)

10 any badge previously issued to the investigator by the Board;

11 or (2) ~~if the investigator has a currently valid Firearm~~

12 ~~Owner's Identification Card,~~ the service firearm issued or

13 previously issued to the investigator by the Board. The badge

14 must be permanently and conspicuously marked in such a manner

15 that the individual who possesses the badge is not mistaken

16 for an actively serving law enforcement officer. The cost of

17 the firearm shall be the replacement value of the firearm and

18 not the firearm's fair market value.

19 (Source: P.A. 102-719, eff. 5-6-22.)

20 Section 50. The Mental Health and Developmental

21 Disabilities Code is amended by changing Sections 1-106,

22 1-116, 6-103.1, 6-103.2, and 6-103.3 as follows:

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1 (405 ILCS 5/1-106) (from Ch. 91 1/2, par. 1-106)

2 Sec. 1-106. "Developmental disability" means a severe,

3 chronic disability, other than mental illness, found to be

4 closely related to an intellectual disability because this

5 condition results in impairment of general intellectual

6 functioning or adaptive behavior similar to that of persons

7 with ID, and requires services similar to those required for a

8 person with an intellectual disability. In addition, a

9 developmental disability: (1) is manifested before the

10 individual reaches 22 years of age; (2) is likely to continue

11 indefinitely; (3) results in substantial functional

12 limitations in three or more of the following areas of major

13 life activity: self-care, receptive and expressive language,

14 learning, mobility, self-direction, capacity for independent

15 living, or economic self-sufficiency; and (4) reflects the

16 individual's need for a combination and sequence of special

17 interdisciplinary or generic services, individualized

18 supports, or other forms of assistance that are of lifelong or

19 extended duration and are individually planned and

20 coordinated. ~~This definition does not supersede the~~

21 ~~"developmental disability" definition in Section 1.1 of the~~

22 ~~Firearm Owners Identification Card Act which is required to be~~

23 ~~applied under that Act for the purpose of mandatory reporting.~~

24 (Source: P.A. 102-972, eff. 1-1-23.)

25 (405 ILCS 5/1-116) (from Ch. 91 1/2, par. 1-116)

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1 Sec. 1-116. Intellectual disability. "Intellectual

2 disability" means a disorder with onset during the

3 developmental period (before the individual reaches age 22),

4 that includes both intellectual and adaptive deficits in

5 conceptual, social and practical domains. The following 3

6 criteria must be met: (1) deficits in intellectual functions

7 such as reasoning, problem solving, planning, abstract

8 thinking, judgment, academic learning, and learning from

9 experience confirmed by both clinical assessment and

10 individualized, standardized intelligence testing (generally

11 indicated with an IQ score of about 70 or below), (2) deficits

12 in adaptive functioning that result in failure to meet

13 developmental and sociocultural standards for personal

14 independence and social responsibility. Without ongoing

15 support, the adaptive deficits limit functioning in one or

16 more activities of daily life, such as communication, social

17 participation, and independent living, across multiple

18 environments, such as home, school, work, and community, and

19 (3) onset of intellectual and adaptive deficits during the

20 developmental period. ~~This definition does not supersede the~~

21 ~~"intellectual disability" definition in Section 1.1 of the~~

22 ~~Firearm Owners Identification Card Act which is required to be~~

23 ~~applied under that Act for the purpose of mandatory reporting.~~

24 (Source: P.A. 102-972, eff. 1-1-23.)

25 (405 ILCS 5/6-103.1)

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1 Sec. 6-103.1. Adjudication as a person with a mental

2 disability. When a person has been adjudicated as a person

3 with a mental disability ~~as defined in Section 1.1 of the~~

4 ~~Firearm Owners Identification Card Act~~, including, but not

5 limited to, an adjudication as a person with a disability as

6 defined in Section 11a-2 of the Probate Act of 1975, the court

7 shall direct the circuit court clerk to notify the Illinois

8 State Police~~, Firearm Owner's Identification (FOID) Office~~, in

9 a form and manner prescribed by the Illinois State Police, and

10 shall forward a copy of the court order to the Department no

11 later than 7 days after the entry of the order. Upon receipt of

12 the order, the Illinois State Police shall provide

13 notification to the National Instant Criminal Background Check

14 System. In this Section, "has been adjudicated as a mentally

15 disabled person" means the person is the subject of a

16 determination by a court, board, commission, or other lawful

17 authority that the person, as a result of marked subnormal

18 intelligence, or mental illness, mental impairment,

19 incompetency, condition, or disease:

20 (1) presents a clear and present danger to himself,

21 herself, or to others;

22 (2) lacks the mental capacity to manage his or her own

23 affairs or is adjudicated a disabled person as defined in

24 Section 11a-2 of the Probate Act of 1975;

25 (3) is not guilty in a criminal case by reason of

26 insanity, mental disease or defect;

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1 (3.5) is guilty but mentally ill, as provided in

2 Section 5-2-6 of the Unified Code of Corrections;

3 (4) is unfit to stand trial in a criminal case;

4 (5) is not guilty by reason of lack of mental

5 responsibility under Articles 50a and 72b of the Uniform

6 Code of Military Justice, 10 U.S.C. 850a, 876b;

7 (6) is a sexually violent person under subsection (f)

8 of Section 5 of the Sexually Violent Persons Commitment

9 Act;

10 (7) is a sexually dangerous person under the Sexually

11 Dangerous Persons Act;

12 (8) is unfit to stand trial under the Juvenile Court

13 Act of 1987;

14 (9) is not guilty by reason of insanity under the

15 Juvenile Court Act of 1987;

16 (10) is a person subject to involuntary admission on

17 an inpatient basis as defined in Section 1-119 of the

18 Mental Health and Developmental Disabilities Code;

19 (11) is a person subject to involuntary admission on

20 an outpatient basis as defined in Section 1-119.1 of the

21 Mental Health and Developmental Disabilities Code;

22 (12) is subject to judicial admission as set forth in

23 Section 4-500 of the Mental Health and Developmental

24 Disabilities Code; or

25 (13) is subject to the provisions of the Interstate

26 Agreements on Sexually Dangerous Persons Act.

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1 (Source: P.A. 102-538, eff. 8-20-21.)

2 (405 ILCS 5/6-103.2)

3 Sec. 6-103.2. Developmental disability; notice. If a

4 person 14 years old or older is determined to be a person with

5 a developmental disability by a physician, clinical

6 psychologist, or qualified examiner, the physician, clinical

7 psychologist, or qualified examiner shall notify the

8 Department of Human Services within 7 days of making the

9 determination that the person has a developmental disability.

10 The Department of Human Services shall immediately update its

11 records and information relating to mental health and

12 developmental disabilities, and if appropriate, shall notify

13 the Illinois State Police in a form and manner prescribed by

14 the Illinois State Police. Information disclosed under this

15 Section shall remain privileged and confidential, and shall

16 not be redisclosed, except as required under paragraph (2) of

17 subsection (e) of Section 24-4.5 of the Criminal Code of 2012

18 ~~subsection (e) of Section 3.1 of the Firearm Owners~~

19 ~~Identification Card Act~~, nor used for any other purpose. The

20 method of providing this information shall guarantee that the

21 information is not released beyond that which is necessary for

22 the purpose of this Section and shall be provided by rule by

23 the Department of Human Services. The identity of the person

24 reporting under this Section shall not be disclosed to the

25 subject of the report.

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1 The physician, clinical psychologist, or qualified

2 examiner making the determination and his or her employer may

3 not be held criminally, civilly, or professionally liable for

4 making or not making the notification required under this

5 Section, except for willful or wanton misconduct.

6 In this Section, "developmentally disabled" has the

7 meaning ascribed to it in Section 12 of the Mental Health and

8 Developmental Disabilities Confidentiality Act.

9 In ~~For purposes of~~ this Section, "developmental

10 disability" means a disability which is attributable to any

11 other condition which results in impairment similar to that

12 caused by an intellectual disability and which requires

13 services similar to those required by intellectually disabled

14 persons. The disability must originate before the age of 18

15 years, be expected to continue indefinitely, and constitute a

16 substantial disability. This disability results, in the

17 professional opinion of a physician, clinical psychologist, or

18 qualified examiner, in significant functional limitations in 3

19 or more of the following areas of major life activity:

20 (i) self-care;

21 (ii) receptive and expressive language;

22 (iii) learning;

23 (iv) mobility; or

24 (v) self-direction.

25 "Determined to be a person with a developmental disability

26 by a physician, clinical psychologist, or qualified examiner"

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1 means in the professional opinion of the physician, clinical

2 psychologist, or qualified examiner, a person is diagnosed,

3 assessed, or evaluated as having a developmental disability.

4 (Source: P.A. 102-538, eff. 8-20-21.)

5 (405 ILCS 5/6-103.3)

6 Sec. 6-103.3. Clear and present danger; notice. If a

7 person is determined to pose a clear and present danger to

8 himself, herself, or to others by a physician, clinical

9 psychologist, or qualified examiner, whether employed by the

10 State, by any public or private mental health facility or part

11 thereof, or by a law enforcement official or a school

12 administrator, then the physician, clinical psychologist,

13 qualified examiner shall notify the Department of Human

14 Services and a law enforcement official or school

15 administrator shall notify the Illinois State Police, within

16 24 hours of making the determination that the person poses a

17 clear and present danger. The Department of Human Services

18 shall immediately update its records and information relating

19 to mental health and developmental disabilities, and if

20 appropriate, shall notify the Illinois State Police in a form

21 and manner prescribed by the Illinois State Police.

22 Information disclosed under this Section shall remain

23 privileged and confidential, and shall not be redisclosed,

24 except as required under paragraph (2) of subsection (e) of

25 Section 24-4.5 of the Criminal Code of 2012 ~~subsection (e) of~~

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1 ~~Section 3.1 of the Firearm Owners Identification Card Act~~, nor

2 used for any other purpose. The method of providing this

3 information shall guarantee that the information is not

4 released beyond that which is necessary for the purpose of

5 this Section and shall be provided by rule by the Department of

6 Human Services. The identity of the person reporting under

7 this Section shall not be disclosed to the subject of the

8 report. The physician, clinical psychologist, qualified

9 examiner, law enforcement official, or school administrator

10 making the determination and his or her employer shall not be

11 held criminally, civilly, or professionally liable for making

12 or not making the notification required under this Section,

13 except for willful or wanton misconduct. This Section does not

14 apply to a law enforcement official, if making the

15 notification under this Section will interfere with an ongoing

16 or pending criminal investigation.

17 In ~~For the purposes of~~ this Section:

18 "Clear and present danger" means a person who:

19 (1) communicates a serious threat of physical

20 violence against a reasonably identifiable victim or

21 poses a clear and imminent risk of serious physical

22 injury to himself, herself, or another person as

23 determined by a physician, clinical psychologist, or

24 qualified examiner; or

25 (2) demonstrates threatening physical or verbal

26 behavior, such as violent, suicidal, or assaultive

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1 threats, actions, or other behavior, as determined by

2 a physician, clinical psychologist, qualified

3 examiner, school administrator, or law enforcement

4 official.

5 "Physician", "clinical psychologist", and "qualified

6 examiner" have the meanings ascribed to them in the Mental

7 Health and Developmental Disabilities Code ~~has the meaning~~

8 ~~ascribed to it in Section 1.1 of the Firearm Owners~~

9 ~~Identification Card Act~~.

10 "Determined to pose a clear and present danger to

11 himself, herself, or to others by a physician, clinical

12 psychologist, or qualified examiner" means in the

13 professional opinion of the physician, clinical

14 psychologist, or qualified examiner, a person poses a

15 clear and present danger.

16 "School administrator" means the person required to

17 report under the School Administrator Reporting of Mental

18 Health Clear and Present Danger Determinations Law.

19 (Source: P.A. 102-538, eff. 8-20-21.)

20 Section 55. The Lead Poisoning Prevention Act is amended

21 by changing Section 2 as follows:

22 (410 ILCS 45/2) (from Ch. 111 1/2, par. 1302)

23 Sec. 2. Definitions. As used in this Act:

24 "Child care facility" means any structure used by a child

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1 care provider licensed by the Department of Children and

2 Family Services or public or private school structure

3 frequented by children 6 years of age or younger.

4 "Childhood Lead Risk Questionnaire" means the

5 questionnaire developed by the Department for use by

6 physicians and other health care providers to determine risk

7 factors for children 6 years of age or younger residing in

8 areas designated as low risk for lead exposure.

9 "Delegate agency" means a unit of local government or

10 health department approved by the Department to carry out the

11 provisions of this Act.

12 "Department" means the Department of Public Health.

13 "Director" means the Director of Public Health.

14 "Dwelling unit" means an individual unit within a

15 residential building used as living quarters for one

16 household.

17 "Elevated blood lead level" means a blood lead level in

18 excess of the limits established under State rules.

19 "Exposed surface" means any interior or exterior surface

20 of a regulated facility.

21 "High risk area" means an area in the State determined by

22 the Department to be high risk for lead exposure for children 6

23 years of age or younger. The Department may consider, but is

24 not limited to, the following factors to determine a high risk

25 area: age and condition (using Department of Housing and Urban

26 Development definitions of "slum" and "blighted") of housing,

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1 proximity to highway traffic or heavy local traffic or both,

2 percentage of housing determined as rental or vacant,

3 proximity to industry using lead, established incidence of

4 elevated blood lead levels in children, percentage of

5 population living below 200% of federal poverty guidelines,

6 and number of children residing in the area who are 6 years of

7 age or younger.

8 "Lead abatement" means any approved work practices that

9 will permanently eliminate lead exposure or remove the

10 lead-bearing substances in a regulated facility. The

11 Department shall establish by rule which work practices are

12 approved or prohibited for lead abatement.

13 "Lead abatement contractor" means any person or entity

14 licensed by the Department to perform lead abatement and

15 mitigation.

16 "Lead abatement supervisor" means any person employed by a

17 lead abatement contractor and licensed by the Department to

18 perform lead abatement and lead mitigation and to supervise

19 lead workers who perform lead abatement and lead mitigation.

20 "Lead abatement worker" means any person employed by a

21 lead abatement contractor and licensed by the Department to

22 perform lead abatement and mitigation.

23 "Lead activities" means the conduct of any lead services,

24 including, lead inspection, lead risk assessment, lead

25 mitigation, or lead abatement work or supervision in a

26 regulated facility.

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1 "Lead-bearing substance" means any item containing or

2 coated with lead such that the lead content is more than

3 six-hundredths of one percent (0.06%) lead by total weight; or

4 any dust on surfaces or in furniture or other nonpermanent

5 elements of the regulated facility; or any paint or other

6 surface coating material containing more than five-tenths of

7 one percent (0.5%) lead by total weight (calculated as lead

8 metal) in the total non-volatile content of liquid paint; or

9 lead-bearing substances containing greater than one milligram

10 per square centimeter or any lower standard for lead content

11 in residential paint as may be established by federal law or

12 rule; or more than 1 milligram per square centimeter in the

13 dried film of paint or previously applied substance; or item

14 or dust on item containing lead in excess of the amount

15 specified in the rules authorized by this Act or a lower

16 standard for lead content as may be established by federal law

17 or rule. "Lead-bearing substance" does not include firearm

18 ammunition or components as defined by Section 2-7.1 of the

19 Criminal Code of 2012 ~~the Firearm Owners Identification Card~~

20 ~~Act~~.

21 "Lead hazard" means a lead-bearing substance that poses an

22 immediate health hazard to humans.

23 "Lead hazard screen" means a lead risk assessment that

24 involves limited dust and paint sampling for lead-bearing

25 substances and lead hazards. This service is used as a

26 screening tool designed to determine if further lead

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1 investigative services are required for the regulated

2 facility.

3 "Lead inspection" means a surface-by-surface investigation

4 to determine the presence of lead-based paint.

5 "Lead inspector" means an individual who has been trained

6 by a Department-approved training program and is licensed by

7 the Department to conduct lead inspections; to sample for the

8 presence of lead in paint, dust, soil, and water; and to

9 conduct compliance investigations.

10 "Lead mitigation" means the remediation, in a manner

11 described in Section 9, of a lead hazard so that the

12 lead-bearing substance does not pose an immediate health

13 hazard to humans.

14 "Lead poisoning" means having an elevated blood lead

15 level.

16 "Lead risk assessment" means an on-site investigation to

17 determine the existence, nature, severity, and location of

18 lead hazards. "Lead risk assessment" includes any lead

19 sampling and visual assessment associated with conducting a

20 lead risk assessment and lead hazard screen and all lead

21 sampling associated with compliance investigations.

22 "Lead risk assessor" means an individual who has been

23 trained by a Department-approved training program and is

24 licensed by the Department to conduct lead risk assessments,

25 lead inspections, and lead hazard screens; to sample for the

26 presence of lead in paint, dust, soil, water, and sources for

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1 lead-bearing substances; and to conduct compliance

2 investigations.

3 "Lead training program provider" means any person

4 providing Department-approved lead training in Illinois to

5 individuals seeking licensure in accordance with the Act.

6 "Low risk area" means an area in the State determined by

7 the Department to be low risk for lead exposure for children 6

8 years of age or younger. The Department may consider the

9 factors named in "high risk area" to determine low risk areas.

10 "Owner" means any person, who alone, jointly, or severally

11 with others:

12 (a) Has legal title to any regulated facility, with or

13 without actual possession of the regulated facility, or

14 (b) Has charge, care, or control of the regulated

15 facility as owner or agent of the owner, or as executor,

16 administrator, trustee, or guardian of the estate of the

17 owner.

18 "Person" means any individual, partnership, firm, company,

19 limited liability company, corporation, association, joint

20 stock company, trust, estate, political subdivision, State

21 agency, or any other legal entity, or their legal

22 representative, agent, or assign.

23 "Regulated facility" means a residential building or child

24 care facility.

25 "Residential building" means any room, group of rooms, or

26 other interior areas of a structure designed or used for human

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1 habitation; common areas accessible by inhabitants; and the

2 surrounding property or structures.

3 (Source: P.A. 100-723, eff. 1-1-19.)

4 (430 ILCS 65/Act rep.)

5 Section 60. The Firearm Owners Identification Card Act is

6 repealed.

7 Section 65. The Firearm Concealed Carry Act is amended by

8 changing Sections 25, 30, 40, 66, 70, 80, and 105 as follows:

9 (430 ILCS 66/25)

10 Sec. 25. Qualifications for a license.

11 The Illinois State Police shall issue a license to an

12 applicant completing an application in accordance with Section

13 30 of this Act if the person:

14 (1) is at least 21 years of age;

15 (2) ~~has a currently valid Firearm Owner's~~

16 ~~Identification Card and at the time of application meets~~

17 ~~the requirements for the issuance of a Firearm Owner's~~

18 ~~Identification Card and~~ is not prohibited under State ~~the~~

19 ~~Firearm Owners Identification Card Act~~ or federal law from

20 possessing or receiving a firearm;

21 (3) has not been convicted or found guilty in this

22 State or in any other state of:

23 (A) a misdemeanor involving the use or threat of

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1 physical force or violence to any person within the 5

2 years preceding the date of the license application;

3 or

4 (B) 2 or more violations related to driving while

5 under the influence of alcohol, other drug or drugs,

6 intoxicating compound or compounds, or any combination

7 thereof, within the 5 years preceding the date of the

8 license application;

9 (4) is not the subject of a pending arrest warrant,

10 prosecution, or proceeding for an offense or action that

11 could lead to disqualification to own or possess a

12 firearm;

13 (5) has not been in residential or court-ordered

14 treatment for alcoholism, alcohol detoxification, or drug

15 treatment within the 5 years immediately preceding the

16 date of the license application; and

17 (6) has completed firearms training and any education

18 component required under Section 75 of this Act.

19 (Source: P.A. 102-538, eff. 8-20-21.)

20 (430 ILCS 66/30)

21 Sec. 30. Contents of license application.

22 (a) The license application shall be in writing, under

23 penalty of perjury, on a standard form adopted by the Illinois

24 State Police and shall be accompanied by the documentation

25 required in this Section and the applicable fee. Each

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1 application form shall include the following statement printed

2 in bold type: "Warning: Entering false information on this

3 form is punishable as perjury under Section 32-2 of the

4 Criminal Code of 2012."

5 (b) The application shall contain the following:

6 (1) the applicant's name, current address, date and

7 year of birth, place of birth, height, weight, hair color,

8 eye color, maiden name or any other name the applicant has

9 used or identified with, and any address where the

10 applicant resided for more than 30 days within the 10

11 years preceding the date of the license application;

12 (2) the applicant's valid driver's license number or

13 valid state identification card number;

14 (3) a waiver of the applicant's privacy and

15 confidentiality rights and privileges under all federal

16 and state laws, including those limiting access to

17 juvenile court, criminal justice, psychological, or

18 psychiatric records or records relating to any

19 institutionalization of the applicant, and an affirmative

20 request that a person having custody of any of these

21 records provide it or information concerning it to the

22 Illinois State Police. The waiver only applies to records

23 sought in connection with determining whether the

24 applicant qualifies for a license to carry a concealed

25 firearm under this Act~~, or whether the applicant remains~~

26 ~~in compliance with the Firearm Owners Identification Card~~

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1 ~~Act~~;

2 (4) an affirmation that the applicant is not

3 prohibited under State or federal law from possessing or

4 receiving a firearm ~~possesses a currently valid Firearm~~

5 ~~Owner's Identification Card and card number if possessed~~

6 ~~or notice the applicant is applying for a Firearm Owner's~~

7 ~~Identification Card in conjunction with the license~~

8 ~~application~~;

9 (5) an affirmation that the applicant has not been

10 convicted or found guilty of:

11 (A) a felony;

12 (B) a misdemeanor involving the use or threat of

13 physical force or violence to any person within the 5

14 years preceding the date of the application; or

15 (C) 2 or more violations related to driving while

16 under the influence of alcohol, other drug or drugs,

17 intoxicating compound or compounds, or any combination

18 thereof, within the 5 years preceding the date of the

19 license application;

20 (6) whether the applicant has failed a drug test for a

21 drug for which the applicant did not have a prescription,

22 within the previous year, and if so, the provider of the

23 test, the specific substance involved, and the date of the

24 test;

25 (7) written consent for the Illinois State Police to

26 review and use the applicant's Illinois digital driver's

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1 license or Illinois identification card photograph and

2 signature;

3 (8) ~~unless submitted under subsection (a-25) of~~

4 ~~Section 4 of the Firearm Owners Identification Card Act,~~ a

5 full set of fingerprints submitted to the Illinois State

6 Police in electronic format, provided the Illinois State

7 Police may accept an application submitted without a set

8 of fingerprints, in which case the Illinois State Police

9 shall be granted 30 days in addition to the 90 days

10 provided under subsection (e) of Section 10 of this Act to

11 issue or deny a license;

12 (9) a head and shoulder color photograph in a size

13 specified by the Illinois State Police taken within the 30

14 days preceding the date of the license application; and

15 (10) a photocopy of any certificates or other evidence

16 of compliance with the training requirements under this

17 Act.

18 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

19 102-813, eff. 5-13-22.)

20 (430 ILCS 66/40)

21 Sec. 40. Non-resident license applications.

22 (a) For the purposes of this Section, "non-resident" means

23 a person who has not resided within this State for more than 30

24 days and resides in another state or territory.

25 (b) The Illinois State Police shall by rule allow for

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1 non-resident license applications from any state or territory

2 of the United States with laws related to firearm ownership,

3 possession, and carrying, that are substantially similar to

4 the requirements to obtain a license under this Act.

5 (c) A resident of a state or territory approved by the

6 Illinois State Police under subsection (b) of this Section may

7 apply for a non-resident license. The applicant shall apply to

8 the Illinois State Police and must meet all of the

9 qualifications established in Section 25 of this Act~~, except~~

10 ~~for the Illinois residency requirement in item (xiv) of~~

11 ~~paragraph (2) of subsection (a) of Section 4 of the Firearm~~

12 ~~Owners Identification Card Act~~. The applicant shall submit:

13 (1) the application and documentation required under

14 Section 30 of this Act and the applicable fee;

15 (2) a notarized document stating that the applicant:

16 (A) is eligible under federal law and the laws of

17 his or her state or territory of residence to own or

18 possess a firearm;

19 (B) if applicable, has a license or permit to

20 carry a firearm or concealed firearm issued by his or

21 her state or territory of residence and attach a copy

22 of the license or permit to the application;

23 (C) understands Illinois laws pertaining to the

24 possession and transport of firearms; and

25 (D) acknowledges that the applicant is subject to

26 the jurisdiction of the Illinois State Police and

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1 Illinois courts for any violation of this Act;

2 (3) a photocopy of any certificates or other evidence

3 of compliance with the training requirements under Section

4 75 of this Act; and

5 (4) a head and shoulder color photograph in a size

6 specified by the Illinois State Police taken within the 30

7 days preceding the date of the application.

8 (d) In lieu of an Illinois driver's license or Illinois

9 identification card, a non-resident applicant shall provide

10 similar documentation from his or her state or territory of

11 residence. The applicant shall submit ~~In lieu of a valid~~

12 ~~Firearm Owner's Identification Card, the applicant shall~~

13 ~~submit documentation and information required by the Illinois~~

14 ~~State Police to obtain a Firearm Owner's Identification Card,~~

15 ~~including~~ an affidavit that the non-resident meets the mental

16 health standards to obtain a firearm under Illinois law, and

17 the Illinois State Police shall ensure that the applicant

18 would meet the eligibility criteria under State law to possess

19 a firearm ~~to obtain a Firearm Owner's Identification card~~ if

20 he or she was a resident of this State.

21 (e) Nothing in this Act shall prohibit a non-resident from

22 transporting a concealed firearm within his or her vehicle in

23 Illinois, if the concealed firearm remains within his or her

24 vehicle and the non-resident:

25 (1) is not prohibited from owning or possessing a

26 firearm under federal law;

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1 (2) is eligible to carry a firearm in public under the

2 laws of his or her state or territory of residence, as

3 evidenced by the possession of a concealed carry license

4 or permit issued by his or her state of residence, if

5 applicable; and

6 (3) is not in possession of a license under this Act.

7 If the non-resident leaves his or her vehicle unattended,

8 he or she shall store the firearm within a locked vehicle or

9 locked container within the vehicle in accordance with

10 subsection (b) of Section 65 of this Act.

11 (Source: P.A. 102-538, eff. 8-20-21.)

12 (430 ILCS 66/66)

13 Sec. 66. Illinois State Police to monitor databases for

14 firearms prohibitors. The Illinois State Police shall

15 continuously monitor relevant State and federal databases for

16 firearms prohibitors and correlate those records with

17 concealed carry license holders to ensure compliance with this

18 Act and any other State and federal laws. As used in this

19 Section, "firearms prohibitor" means any factor listed in

20 ~~Section 8 or Section 8.2 of the Firearm Owners Identification~~

21 ~~Card Act or~~ Section 24-3 or 24-3.1 of the Criminal Code of 2012

22 that prohibits a person from transferring or possessing a

23 firearm, firearm ammunition, ~~Firearm Owner's Identification~~

24 ~~Card,~~ or concealed carry license.

25 (Source: P.A. 102-237, eff. 1-1-22.)

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1 (430 ILCS 66/70)

2 Sec. 70. Violations.

3 (a) A license issued or renewed under this Act shall be

4 revoked if, at any time, the licensee is found to be ineligible

5 for a license under this Act or the licensee is prohibited from

6 possessing a firearm under State or federal law ~~no longer~~

7 ~~meets the eligibility requirements of the Firearm Owners~~

8 ~~Identification Card Act~~.

9 (b) A license shall be suspended if an order of

10 protection, including an emergency order of protection,

11 plenary order of protection, or interim order of protection

12 under Article 112A of the Code of Criminal Procedure of 1963 or

13 under the Illinois Domestic Violence Act of 1986, or if a

14 firearms restraining order, including an emergency firearms

15 restraining order, under the Firearms Restraining Order Act,

16 is issued against a licensee for the duration of the order, or

17 if the Illinois State Police is made aware of a similar order

18 issued against the licensee in any other jurisdiction. If an

19 order of protection is issued against a licensee, the licensee

20 shall surrender the license, as applicable, to the court at

21 the time the order is entered or to the law enforcement agency

22 or entity serving process at the time the licensee is served

23 the order. The court, law enforcement agency, or entity

24 responsible for serving the order of protection shall notify

25 the Illinois State Police within 7 days and transmit the

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1 license to the Illinois State Police.

2 (c) A license is invalid upon expiration of the license,

3 unless the licensee has submitted an application to renew the

4 license, and the applicant is otherwise eligible to possess a

5 license under this Act.

6 (d) A licensee shall not carry a concealed firearm while

7 under the influence of alcohol, other drug or drugs,

8 intoxicating compound or combination of compounds, or any

9 combination thereof, under the standards set forth in

10 subsection (a) of Section 11-501 of the Illinois Vehicle Code.

11 A licensee in violation of this subsection (d) shall be

12 guilty of a Class A misdemeanor for a first or second violation

13 and a Class 4 felony for a third violation. The Illinois State

14 Police may suspend a license for up to 6 months for a second

15 violation and shall permanently revoke a license for a third

16 violation.

17 (e) Except as otherwise provided, a licensee in violation

18 of this Act shall be guilty of a Class B misdemeanor. A second

19 or subsequent violation is a Class A misdemeanor. The Illinois

20 State Police may suspend a license for up to 6 months for a

21 second violation and shall permanently revoke a license for 3

22 or more violations of Section 65 of this Act. Any person

23 convicted of a violation under this Section shall pay a $150

24 fee to be deposited into the Mental Health Reporting Fund,

25 plus any applicable court costs or fees.

26 (f) A licensee convicted or found guilty of a violation of

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1 this Act who has a valid license and is otherwise eligible to

2 carry a concealed firearm shall only be subject to the

3 penalties under this Section and shall not be subject to the

4 penalties under Section 21-6, paragraph (4), (8), or (10) of

5 subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)

6 of paragraph (3) of subsection (a) of Section 24-1.6 of the

7 Criminal Code of 2012. Except as otherwise provided in this

8 subsection, nothing in this subsection prohibits the licensee

9 from being subjected to penalties for violations other than

10 those specified in this Act.

11 (g) A licensee whose license is revoked, suspended, or

12 denied shall, within 48 hours of receiving notice of the

13 revocation, suspension, or denial, surrender his or her

14 concealed carry license to the local law enforcement agency

15 where the person resides. The local law enforcement agency

16 shall provide the licensee a receipt and transmit the

17 concealed carry license to the Illinois State Police. If the

18 licensee whose concealed carry license has been revoked,

19 suspended, or denied fails to comply with the requirements of

20 this subsection, the law enforcement agency where the person

21 resides may petition the circuit court to issue a warrant to

22 search for and seize the concealed carry license in the

23 possession and under the custody or control of the licensee

24 whose concealed carry license has been revoked, suspended, or

25 denied. The observation of a concealed carry license in the

26 possession of a person whose license has been revoked,

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1 suspended, or denied constitutes a sufficient basis for the

2 arrest of that person for violation of this subsection. A

3 violation of this subsection is a Class A misdemeanor.

4 (h) (Blank). ~~Except as otherwise provided in subsection~~

5 ~~(h-5), a license issued or renewed under this Act shall be~~

6 ~~revoked if, at any time, the licensee is found ineligible for a~~

7 ~~Firearm Owner's Identification Card, or the licensee no longer~~

8 ~~possesses a valid Firearm Owner's Identification Card. If the~~

9 ~~Firearm Owner's Identification Card is expired or suspended~~

10 ~~rather than denied or revoked, the license may be suspended~~

11 ~~for a period of up to one year to allow the licensee to~~

12 ~~reinstate his or her Firearm Owner's Identification Card. The~~

13 ~~Illinois State Police shall adopt rules to enforce this~~

14 ~~subsection. A licensee whose license is revoked under this~~

15 ~~subsection (h) shall surrender his or her concealed carry~~

16 ~~license as provided for in subsection (g) of this Section.~~

17 ~~This subsection shall not apply to a person who has filed~~

18 ~~an application with the Illinois State Police for renewal of a~~

19 ~~Firearm Owner's Identification Card and who is not otherwise~~

20 ~~ineligible to obtain a Firearm Owner's Identification Card.~~

21 (h-5) (Blank). ~~If the Firearm Owner's Identification Card~~

22 ~~of a licensee under this Act expires during the term of the~~

23 ~~license issued under this Act, the license and the Firearm~~

24 ~~Owner's Identification Card remain valid, and the Illinois~~

25 ~~State Police may automatically renew the licensee's Firearm~~

26 ~~Owner's Identification Card as provided in subsection (c) of~~

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

2 (i) A certified firearms instructor who knowingly provides

3 or offers to provide a false certification that an applicant

4 has completed firearms training as required under this Act is

5 guilty of a Class A misdemeanor. A person guilty of a violation

6 of this subsection (i) is not eligible for court supervision.

7 The Illinois State Police shall permanently revoke the

8 firearms instructor certification of a person convicted under

9 this subsection (i).

10 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

11 102-813, eff. 5-13-22.)

12 (430 ILCS 66/80)

13 Sec. 80. Certified firearms instructors.

14 (a) Within 60 days of the effective date of this Act, the

15 Illinois State Police shall begin approval of certified

16 firearms instructors and enter certified firearms instructors

17 into an online registry on the Illinois State Police's

18 website.

19 (b) A person who is not a certified firearms instructor

20 shall not teach applicant training courses or advertise or

21 otherwise represent courses they teach as qualifying their

22 students to meet the requirements to receive a license under

23 this Act. Each violation of this subsection is a business

24 offense with a fine of at least $1,000 per violation.

25 (c) A person seeking to become a certified firearms

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1 instructor shall:

2 (1) be at least 21 years of age;

3 (2) be a legal resident of the United States; and

4 (3) meet the requirements of Section 25 of this Act~~,~~

5 ~~except for the Illinois residency requirement in item~~

6 ~~(xiv) of paragraph (2) of subsection (a) of Section 4 of~~

7 ~~the Firearm Owners Identification Card Act~~; and any

8 additional uniformly applied requirements established by

9 the Illinois State Police.

10 (d) A person seeking to become a certified firearms

11 instructor, in addition to the requirements of subsection (c)

12 of this Section, shall:

13 (1) possess a high school diploma or State of Illinois

14 High School Diploma; and

15 (2) have at least one of the following valid firearms

16 instructor certifications:

17 (A) certification from a law enforcement agency;

18 (B) certification from a firearm instructor course

19 offered by a State or federal governmental agency;

20 (C) certification from a firearm instructor

21 qualification course offered by the Illinois Law

22 Enforcement Training Standards Board; or

23 (D) certification from an entity approved by the

24 Illinois State Police that offers firearm instructor

25 education and training in the use and safety of

26 firearms.

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1 (e) A person may have his or her firearms instructor

2 certification denied or revoked if he or she does not meet the

3 requirements to obtain a license under this Act, provides

4 false or misleading information to the Illinois State Police,

5 or has had a prior instructor certification revoked or denied

6 by the Illinois State Police.

7 (Source: P.A. 102-538, eff. 8-20-21; 102-1100, eff. 1-1-23.)

8 (430 ILCS 66/105)

9 Sec. 105. Duty of school administrator. It is the duty of

10 the principal of a public elementary or secondary school, or

11 his or her designee, and the chief administrative officer of a

12 private elementary or secondary school or a public or private

13 community college, college, or university, or his or her

14 designee, to report to the Illinois State Police when a

15 student is determined to pose a clear and present danger to

16 himself, herself, or to others, within 24 hours of the

17 determination as provided in Section 6-103.3 of the Mental

18 Health and Developmental Disabilities Code. "Clear and present

19 danger" has the meaning as provided in paragraph (2) of the

20 definition of "clear and present danger" in Section 6-103.3 of

21 the Mental Health and Developmental Disabilities Code ~~1.1 of~~

22 ~~the Firearm Owners Identification Card Act~~.

23 (Source: P.A. 102-538, eff. 8-20-21.)

24 Section 66. The Firearms Restraining Order Act is amended

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1 by changing Sections 35 and 40 as follows:

2 (430 ILCS 67/35)

3 Sec. 35. Ex parte orders and emergency hearings.

4 (a) A petitioner may request an emergency firearms

5 restraining order by filing an affidavit or verified pleading

6 alleging that the respondent poses an immediate and present

7 danger of causing personal injury to himself, herself, or

8 another by having in his or her custody or control,

9 purchasing, possessing, or receiving a firearm, ammunition, or

10 firearm parts that could be assembled to make an operable

11 firearm. The petition shall also describe the type and

12 location of any firearm or firearms, ammunition, or firearm

13 parts that could be assembled to make an operable firearm

14 presently believed by the petitioner to be possessed or

15 controlled by the respondent.

16 (b) If the respondent is alleged to pose an immediate and

17 present danger of causing personal injury to an intimate

18 partner, or an intimate partner is alleged to have been the

19 target of a threat or act of violence by the respondent, the

20 petitioner shall make a good faith effort to provide notice to

21 any and all intimate partners of the respondent. The notice

22 must include that the petitioner intends to petition the court

23 for an emergency firearms restraining order, and, if the

24 petitioner is a law enforcement officer, referral to relevant

25 domestic violence or stalking advocacy or counseling

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1 resources, if appropriate. The petitioner shall attest to

2 having provided the notice in the filed affidavit or verified

3 pleading. If, after making a good faith effort, the petitioner

4 is unable to provide notice to any or all intimate partners,

5 the affidavit or verified pleading should describe what

6 efforts were made.

7 (c) Every person who files a petition for an emergency

8 firearms restraining order, knowing the information provided

9 to the court at any hearing or in the affidavit or verified

10 pleading to be false, is guilty of perjury under Section 32-2

11 of the Criminal Code of 2012.

12 (d) An emergency firearms restraining order shall be

13 issued on an ex parte basis, that is, without notice to the

14 respondent.

15 (e) An emergency hearing held on an ex parte basis shall be

16 held the same day that the petition is filed or the next day

17 that the court is in session.

18 (f) If a circuit or associate judge finds probable cause

19 to believe that the respondent poses an immediate and present

20 danger of causing personal injury to himself, herself, or

21 another by having in his or her custody or control,

22 purchasing, possessing, or receiving a firearm, ammunition, or

23 firearm parts that could be assembled to make an operable

24 firearm, the circuit or associate judge shall issue an

25 emergency order.

26 (f-5) If the court issues an emergency firearms

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1 restraining order, it shall, upon a finding of probable cause

2 that the respondent possesses firearms, ammunition, or firearm

3 parts that could be assembled to make an operable firearm,

4 issue a search warrant directing a law enforcement agency to

5 seize the respondent's firearms, ammunition, and firearm parts

6 that could be assembled to make an operable firearm. The court

7 may, as part of that warrant, direct the law enforcement

8 agency to search the respondent's residence and other places

9 where the court finds there is probable cause to believe he or

10 she is likely to possess the firearms, ammunition, or firearm

11 parts that could be assembled to make an operable firearm. A

12 return of the search warrant shall be filed by the law

13 enforcement agency within 4 days thereafter, setting forth the

14 time, date, and location that the search warrant was executed

15 and what items, if any, were seized.

16 (g) An emergency firearms restraining order shall require:

17 (1) the respondent to refrain from having in his or

18 her custody or control, purchasing, possessing, or

19 receiving additional firearms, ammunition, or firearm

20 parts that could be assembled to make an operable firearm,

21 or removing firearm parts that could be assembled to make

22 an operable firearm for the duration of the order ~~under~~

23 ~~Section 8.2 of the Firearm Owners Identification Card Act~~;

24 and

25 (2) the respondent to comply with ~~Section 9.5 of the~~

26 ~~Firearm Owners Identification Card Act and~~ subsection (g)

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1 of Section 70 of the Firearm Concealed Carry Act.

2 (h) Except as otherwise provided in subsection (h-5) of

3 this Section, upon expiration of the period of safekeeping, if

4 the firearms, ammunition, and firearm parts that could be

5 assembled to make an operable firearm ~~or Firearm Owner's~~

6 ~~Identification Card~~ and concealed carry license cannot be

7 returned to the respondent because the respondent cannot be

8 located, fails to respond to requests to retrieve the

9 firearms, or is not lawfully eligible to possess a firearm,

10 ammunition, or firearm parts that could be assembled to make

11 an operable firearm, upon petition from the local law

12 enforcement agency, the court may order the local law

13 enforcement agency to destroy the firearms, ammunition, and

14 firearm parts that could be assembled to make an operable

15 firearm, use the firearms, ammunition, and firearm parts that

16 could be assembled to make an operable firearm for training

17 purposes, or use the firearms, ammunition, and firearm parts

18 that could be assembled to make an operable firearm for any

19 other application as deemed appropriate by the local law

20 enforcement agency.

21 (h-5) On or before January 1, 2022, a respondent whose

22 firearms have been turned over to a local law enforcement

23 agency ~~Firearm Owner's Identification Card has been revoked or~~

24 ~~suspended~~ may petition the court, if the petitioner is present

25 in court or has notice of the respondent's petition, to

26 transfer the respondent's firearm, ammunition, and firearm

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1 parts that could be assembled to make an operable firearm to a

2 person who is lawfully able to possess the firearm,

3 ammunition, and firearm parts that could be assembled to make

4 an operable firearm if the person does not reside at the same

5 address as the respondent. Notice of the petition shall be

6 served upon the person protected by the emergency firearms

7 restraining order. While the order is in effect, the

8 transferee who receives the respondent's firearms, ammunition,

9 and firearm parts that could be assembled to make an operable

10 firearm must swear or affirm by affidavit that he or she shall

11 not transfer the firearm, ammunition, and firearm parts that

12 could be assembled to make an operable firearm to the

13 respondent or to anyone residing in the same residence as the

14 respondent.

15 (h-6) If a person other than the respondent claims title

16 to any firearms, ammunition, and firearm parts that could be

17 assembled to make an operable firearm surrendered under this

18 Section, he or she may petition the court, if the petitioner is

19 present in court or has notice of the petition, to have the

20 firearm, ammunition, and firearm parts that could be assembled

21 to make an operable firearm returned to him or her. If the

22 court determines that person to be the lawful owner of the

23 firearm, ammunition, and firearm parts that could be assembled

24 to make an operable firearm, the firearm, ammunition, and

25 firearm parts that could be assembled to make an operable

26 firearm shall be returned to him or her, provided that:

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1 (1) the firearm, ammunition, and firearm parts that

2 could be assembled to make an operable firearm are removed

3 from the respondent's custody, control, or possession and

4 the lawful owner agrees to store the firearm, ammunition,

5 and firearm parts that could be assembled to make an

6 operable firearm in a manner such that the respondent does

7 not have access to or control of the firearm, ammunition,

8 and firearm parts that could be assembled to make an

9 operable firearm; and

10 (2) the firearm, ammunition, and firearm parts that

11 could be assembled to make an operable firearm are not

12 otherwise unlawfully possessed by the owner.

13 The person petitioning for the return of his or her

14 firearm, ammunition, and firearm parts that could be assembled

15 to make an operable firearm must swear or affirm by affidavit

16 that he or she: (i) is the lawful owner of the firearm,

17 ammunition, and firearm parts that could be assembled to make

18 an operable firearm; (ii) shall not transfer the firearm,

19 ammunition, and firearm parts that could be assembled to make

20 an operable firearm to the respondent; and (iii) will store

21 the firearm, ammunition, and firearm parts that could be

22 assembled to make an operable firearm in a manner that the

23 respondent does not have access to or control of the firearm,

24 ammunition, and firearm parts that could be assembled to make

25 an operable firearm.

26 (i) In accordance with subsection (e) of this Section, the

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1 court shall schedule a full hearing as soon as possible, but no

2 longer than 14 days from the issuance of an ex parte firearms

3 restraining order, to determine if a 6-month firearms

4 restraining order shall be issued. The court may extend an ex

5 parte order as needed, but not to exceed 14 days, to effectuate

6 service of the order or if necessary to continue protection.

7 The court may extend the order for a greater length of time by

8 mutual agreement of the parties.

9 (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;

10 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.

11 5-13-22.)

12 (430 ILCS 67/40)

13 Sec. 40. Plenary orders.

14 (a) A petitioner may request a firearms restraining order

15 for up to one year by filing an affidavit or verified pleading

16 alleging that the respondent poses a significant danger of

17 causing personal injury to himself, herself, or another in the

18 near future by having in his or her custody or control,

19 purchasing, possessing, or receiving a firearm, ammunition,

20 and firearm parts that could be assembled to make an operable

21 firearm. The petition shall also describe the number, types,

22 and locations of any firearms, ammunition, and firearm parts

23 that could be assembled to make an operable firearm presently

24 believed by the petitioner to be possessed or controlled by

25 the respondent. The firearms restraining order may be renewed

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1 for an additional period of up to one year in accordance with

2 Section 45 of this Act.

3 (b) If the respondent is alleged to pose a significant

4 danger of causing personal injury to an intimate partner, or

5 an intimate partner is alleged to have been the target of a

6 threat or act of violence by the respondent, the petitioner

7 shall make a good faith effort to provide notice to any and all

8 intimate partners of the respondent. The notice must include

9 the duration of time that the petitioner intends to petition

10 the court for a firearms restraining order, and, if the

11 petitioner is a law enforcement officer, referral to relevant

12 domestic violence or stalking advocacy or counseling

13 resources, if appropriate. The petitioner shall attest to

14 having provided the notice in the filed affidavit or verified

15 pleading. If, after making a good faith effort, the petitioner

16 is unable to provide notice to any or all intimate partners,

17 the affidavit or verified pleading should describe what

18 efforts were made.

19 (c) Every person who files a petition for a plenary

20 firearms restraining order, knowing the information provided

21 to the court at any hearing or in the affidavit or verified

22 pleading to be false, is guilty of perjury under Section 32-2

23 of the Criminal Code of 2012.

24 (d) Upon receipt of a petition for a plenary firearms

25 restraining order, the court shall order a hearing within 30

26 days.

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1 (e) In determining whether to issue a firearms restraining

2 order under this Section, the court shall consider evidence

3 including, but not limited to, the following:

4 (1) The unlawful and reckless use, display, or

5 brandishing of a firearm, ammunition, and firearm parts

6 that could be assembled to make an operable firearm by the

7 respondent.

8 (2) The history of use, attempted use, or threatened

9 use of physical force by the respondent against another

10 person.

11 (3) Any prior arrest of the respondent for a felony

12 offense.

13 (4) Evidence of the abuse of controlled substances or

14 alcohol by the respondent.

15 (5) A recent threat of violence or act of violence by

16 the respondent directed toward himself, herself, or

17 another.

18 (6) A violation of an emergency order of protection

19 issued under Section 217 of the Illinois Domestic Violence

20 Act of 1986 or Section 112A-17 of the Code of Criminal

21 Procedure of 1963 or of an order of protection issued

22 under Section 214 of the Illinois Domestic Violence Act of

23 1986 or Section 112A-14 of the Code of Criminal Procedure

24 of 1963.

25 (7) A pattern of violent acts or violent threats,

26 including, but not limited to, threats of violence or acts

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1 of violence by the respondent directed toward himself,

2 herself, or another.

3 (f) At the hearing, the petitioner shall have the burden

4 of proving, by clear and convincing evidence, that the

5 respondent poses a significant danger of personal injury to

6 himself, herself, or another by having in his or her custody or

7 control, purchasing, possessing, or receiving a firearm,

8 ammunition, and firearm parts that could be assembled to make

9 an operable firearm.

10 (g) If the court finds that there is clear and convincing

11 evidence to issue a plenary firearms restraining order, the

12 court shall issue a firearms restraining order that shall be

13 in effect for up to one year, but not less than 6 months,

14 subject to renewal under Section 45 of this Act or termination

15 under that Section.

16 (g-5) If the court issues a plenary firearms restraining

17 order, it shall, upon a finding of probable cause that the

18 respondent possesses firearms, ammunition, and firearm parts

19 that could be assembled to make an operable firearm, issue a

20 search warrant directing a law enforcement agency to seize the

21 respondent's firearms, ammunition, and firearm parts that

22 could be assembled to make an operable firearm. The court may,

23 as part of that warrant, direct the law enforcement agency to

24 search the respondent's residence and other places where the

25 court finds there is probable cause to believe he or she is

26 likely to possess the firearms, ammunition, and firearm parts

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1 that could be assembled to make an operable firearm. A return

2 of the search warrant shall be filed by the law enforcement

3 agency within 4 days thereafter, setting forth the time, date,

4 and location that the search warrant was executed and what

5 items, if any, were seized.

6 (h) A plenary firearms restraining order shall require:

7 (1) the respondent to refrain from having in his or

8 her custody or control, purchasing, possessing, or

9 receiving additional firearms, ammunition, and firearm

10 parts that could be assembled to make an operable firearm

11 for the duration of the order ~~under Section 8.2 of the~~

12 ~~Firearm Owners Identification Card Act~~; and

13 (2) the respondent to comply with ~~Section 9.5 of the~~

14 ~~Firearm Owners Identification Card Act and~~ subsection (g)

15 of Section 70 of the Firearm Concealed Carry Act.

16 (i) Except as otherwise provided in subsection (i-5) of

17 this Section, upon expiration of the period of safekeeping, if

18 the firearms, ammunition, and firearm parts that could be

19 assembled to make an operable firearm ~~or Firearm Owner's~~

20 ~~Identification Card~~ cannot be returned to the respondent

21 because the respondent cannot be located, fails to respond to

22 requests to retrieve the firearms, ammunition, and firearm

23 parts that could be assembled to make an operable firearm, or

24 is not lawfully eligible to possess a firearm, ammunition, and

25 firearm parts that could be assembled to make an operable

26 firearm, upon petition from the local law enforcement agency,

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1 the court may order the local law enforcement agency to

2 destroy the firearms, ammunition, and firearm parts that could

3 be assembled to make an operable firearm, use the firearms,

4 ammunition, and firearm parts that could be assembled to make

5 an operable firearm for training purposes, or use the

6 firearms, ammunition, and firearm parts that could be

7 assembled to make an operable firearm for any other

8 application as deemed appropriate by the local law enforcement

9 agency.

10 (i-5) A respondent whose firearms have been turned over to

11 a local law enforcement agency ~~Firearm Owner's Identification~~

12 ~~Card has been revoked or suspended~~ may petition the court, if

13 the petitioner is present in court or has notice of the

14 respondent's petition, to transfer the respondent's firearm,

15 ammunition, and firearm parts that could be assembled to make

16 an operable firearm to a person who is lawfully able to possess

17 the firearm, ammunition, and firearm parts that could be

18 assembled to make an operable firearm if the person does not

19 reside at the same address as the respondent. Notice of the

20 petition shall be served upon the person protected by the

21 emergency firearms restraining order. While the order is in

22 effect, the transferee who receives the respondent's firearms,

23 ammunition, and firearm parts that could be assembled to make

24 an operable firearm must swear or affirm by affidavit that he

25 or she shall not transfer the firearm, ammunition, and firearm

26 parts that could be assembled to make an operable firearm to

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1 the respondent or to anyone residing in the same residence as

2 the respondent.

3 (i-6) If a person other than the respondent claims title

4 to any firearms, ammunition, and firearm parts that could be

5 assembled to make an operable firearm surrendered under this

6 Section, he or she may petition the court, if the petitioner is

7 present in court or has notice of the petition, to have the

8 firearm, ammunition, and firearm parts that could be assembled

9 to make an operable firearm returned to him or her. If the

10 court determines that person to be the lawful owner of the

11 firearm, ammunition, and firearm parts that could be assembled

12 to make an operable firearm, the firearm, ammunition, and

13 firearm parts that could be assembled to make an operable

14 firearm shall be returned to him or her, provided that:

15 (1) the firearm, ammunition, and firearm parts that

16 could be assembled to make an operable firearm are removed

17 from the respondent's custody, control, or possession and

18 the lawful owner agrees to store the firearm, ammunition,

19 and firearm parts that could be assembled to make an

20 operable firearm in a manner such that the respondent does

21 not have access to or control of the firearm, ammunition,

22 and firearm parts that could be assembled to make an

23 operable firearm; and

24 (2) the firearm, ammunition, and firearm parts that

25 could be assembled to make an operable firearm are not

26 otherwise unlawfully possessed by the owner.

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1 The person petitioning for the return of his or her

2 firearm, ammunition, and firearm parts that could be assembled

3 to make an operable firearm must swear or affirm by affidavit

4 that he or she: (i) is the lawful owner of the firearm,

5 ammunition, and firearm parts that could be assembled to make

6 an operable firearm; (ii) shall not transfer the firearm,

7 ammunition, and firearm parts that could be assembled to make

8 an operable firearm to the respondent; and (iii) will store

9 the firearm, ammunition, and firearm parts that could be

10 assembled to make an operable firearm in a manner that the

11 respondent does not have access to or control of the firearm,

12 ammunition, and firearm parts that could be assembled to make

13 an operable firearm.

14 (j) If the court does not issue a firearms restraining

15 order at the hearing, the court shall dissolve any emergency

16 firearms restraining order then in effect.

17 (k) When the court issues a firearms restraining order

18 under this Section, the court shall inform the respondent that

19 he or she is entitled to one hearing during the period of the

20 order to request a termination of the order, under Section 45

21 of this Act, and shall provide the respondent with a form to

22 request a hearing.

23 (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;

24 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.

25 5-13-22; 102-1116, eff. 1-10-23.)

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1 Section 67. The Firearm Dealer License Certification Act

2 is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as

3 follows:

4 (430 ILCS 68/5-20)

5 Sec. 5-20. Additional licensee requirements.

6 (a) A certified licensee shall make a photo copy of a

7 buyer's or transferee's valid photo identification card

8 whenever a firearm sale transaction takes place. The photo

9 copy shall be attached to the documentation detailing the

10 record of sale.

11 (b) A certified licensee shall post in a conspicuous

12 position on the premises where the licensee conducts business

13 a sign that contains the following warning in block letters

14 not less than one inch in height:

15 "With few exceptions enumerated in the Criminal Code

16 of 2012 ~~Firearm Owners Identification Card Act~~, it is

17 unlawful for you to:

18 (A) store or leave an unsecured firearm in a place

19 where a child can obtain access to it; or

20 ~~(B) sell or transfer your firearm to someone else~~

21 ~~without receiving approval for the transfer from the~~

22 ~~Illinois State Police, or~~

23 (B) ~~(C)~~ fail to report the loss or theft of your

24 firearm to local law enforcement within 72 hours.".

25 This sign shall be created by the Illinois State Police and

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1 made available for printing or downloading from the Illinois

2 State Police's website.

3 (c) No retail location established after the effective

4 date of this Act shall be located within 500 feet of any

5 school, pre-school, or day care facility in existence at its

6 location before the retail location is established as measured

7 from the nearest corner of the building holding the retail

8 location to the corner of the school, pre-school, or day care

9 facility building nearest the retail location at the time the

10 retail location seeks licensure.

11 (Source: P.A. 102-538, eff. 8-20-21.)

12 (430 ILCS 68/5-25)

13 Sec. 5-25. Exemptions. The provisions of this Act related

14 to the certification of a license do not apply to a person or

15 entity that engages in the following activities:

16 (1) temporary transfers of firearms solely for use at

17 the location or on the premises where the transfer takes

18 place, such as transfers at a shooting range for use at

19 that location;

20 (2) temporary transfers of firearms solely for use

21 while in the presence of the transferor or transfers for

22 the purposes of firearm safety training by a firearms

23 safety training instructor;

24 (3) transfers of firearms among immediate family or

25 household members, as "immediate family or household

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1 member" is defined in Section 3-2.7-10 of the Unified Code

2 of Corrections, provided that both the transferor and

3 transferee are not prohibited from possessing a firearm

4 under federal or State law ~~have a currently valid Firearm~~

5 ~~Owner's Identification Card; however, this paragraph (3)~~

6 ~~does not limit the familial gift exemption under paragraph~~

7 ~~(2) of subsection (a-15) of Section 3 of the Firearm~~

8 ~~Owners Identification Card Act~~;

9 (4) transfers by persons or entities acting under

10 operation of law or a court order;

11 (5) transfers by persons or entities liquidating all

12 or part of a collection. For purposes of this paragraph

13 (5), "collection" means 2 or more firearms which are of

14 special interest to collectors by reason of some quality

15 other than is associated with firearms intended for

16 sporting use or as offensive or defensive weapons;

17 (6) transfers of firearms that have been rendered

18 permanently inoperable to a nonprofit historical society,

19 museum, or institutional collection;

20 (7) transfers by a law enforcement or corrections

21 agency or a law enforcement or corrections officer acting

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

23 (8) (blank); ~~transfers to a State or local law~~

24 ~~enforcement agency by a person who has his or her Firearm~~

25 ~~Owner's Identification Card revoked;~~

26 (9) transfers of curios and relics, as defined under

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1 federal law, between collectors licensed under subsection

2 (b) of Section 923 of the federal Gun Control Act of 1968;

3 (10) transfers by a person or entity licensed as an

4 auctioneer under the Auction License Act;

5 (10.5) transfers of firearms to a resident registered

6 competitor or attendee or non-resident registered

7 competitor or attendee by a licensed federal firearms

8 dealer under Section 923 of the federal Gun Control Act of

9 1968 at a competitive shooting event held at the World

10 Shooting and Recreational Complex that is sanctioned by a

11 national governing body; or

12 (11) transfers between a pawnshop and a customer which

13 amount to a bailment. For purposes of this paragraph (11),

14 "bailment" means the act of placing property in the

15 custody and control of another, by agreement in which the

16 holder is responsible for the safekeeping and return of

17 the property.

18 (Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)

19 (430 ILCS 68/5-40)

20 Sec. 5-40. Qualifications for operation.

21 (a) Each certified licensee shall submit with each

22 application for certification or renewal an affidavit to the

23 Illinois State Police stating that each owner, employee, or

24 other agent of the certified licensee who sells or conducts

25 transfers of firearms for the certified licensee is at least

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1 21 years of age~~, has a currently valid Firearm Owner's~~

2 ~~Identification Card~~ and, for a renewal, has completed the

3 training required under Section 5-30. The affidavit must also

4 contain the name ~~and Firearm Owner's Identification Card~~

5 ~~number~~ of each owner, employee, or other agent who sells or

6 conducts transfers of firearms for the certified licensee. If

7 an owner, employee, or other agent of the certified licensee

8 is not otherwise a resident of this State, the certified

9 licensee shall submit an affidavit stating that the owner,

10 employee, or other agent has undergone a background check and

11 is not prohibited from owning or possessing firearms.

12 (b) In addition to the affidavit required under subsection

13 (a), within 30 days of a new owner, employee, or other agent

14 beginning selling or conducting transfers of firearms for the

15 certified licensee, the certified licensee shall submit an

16 affidavit to the Illinois State Police stating the date that

17 the new owner, employee, or other agent began selling or

18 conducting transfers of firearms for the certified licensee,

19 and providing the information required in subsection (a) for

20 that new owner, employee, or other agent.

21 (c) If a certified licensee has a license, certificate, or

22 permit to sell, lease, transfer, purchase, or possess firearms

23 issued by the federal government or the government of any

24 state revoked or suspended for good cause within the preceding

25 4 years, the Illinois State Police may consider revoking or

26 suspending the certified licenses in this State. In making a

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1 determination of whether or not to revoke or suspend a

2 certified license in this State, the Illinois State Police

3 shall consider the number of retail locations the certified

4 licensee or any related person or entity operates in this

5 State or in other states under the same or different business

6 names, and the severity of the infraction in the state in which

7 a license was revoked or suspended.

8 (d) Applications and affidavits required under this

9 Section are not subject to disclosure by the Illinois State

10 Police under the Freedom of Information Act.

11 (Source: P.A. 102-538, eff. 8-20-21.)

12 (430 ILCS 68/5-85)

13 Sec. 5-85. Disciplinary sanctions.

14 (a) For violations of this Act not penalized under Section

15 5-15, the Illinois State Police may refuse to renew or

16 restore, or may reprimand, place on probation, suspend,

17 revoke, or take other disciplinary or non-disciplinary action

18 against any licensee, and may impose a fine commensurate with

19 the severity of the violation not to exceed $10,000 for each

20 violation for any of the following, consistent with the

21 Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901

22 through 7903:

23 (1) Violations of this Act, or any law applicable to

24 the sale or transfer of firearms.

25 (2) A pattern of practice or other behavior which

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1 demonstrates incapacity or incompetency to practice under

2 this Act.

3 (3) Aiding or assisting another person in violating

4 any provision of this Act or rules adopted under this Act.

5 (4) Failing, within 60 days, to provide information in

6 response to a written request made by the Illinois State

7 Police.

8 (5) Conviction of, plea of guilty to, or plea of nolo

9 contendere to any crime that disqualifies the person from

10 obtaining a firearm ~~valid Firearm Owner's Identification~~

11 ~~Card~~.

12 (6) Continued practice, although the person has become

13 unfit to practice due to any of the following:

14 (A) Any circumstance that disqualifies the person

15 from obtaining a firearm ~~valid Firearm Owner's~~

16 ~~Identification Card~~ or concealed carry license.

17 (B) Habitual or excessive use or abuse of drugs

18 defined in law as controlled substances, alcohol, or

19 any other substance that results in the inability to

20 practice with reasonable judgment, skill, or safety.

21 (7) Receiving, directly or indirectly, compensation

22 for any firearms sold or transferred illegally.

23 (8) Discipline by another United States jurisdiction,

24 foreign nation, or governmental agency, if at least one of

25 the grounds for the discipline is the same or

26 substantially equivalent to those set forth in this Act.

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1 (9) Violation of any disciplinary order imposed on a

2 licensee by the Illinois State Police.

3 (10) A finding by the Illinois State Police that the

4 licensee, after having his or her certified license placed

5 on probationary status, has violated the terms of

6 probation.

7 (11) A fraudulent or material misstatement in the

8 completion of an affirmative obligation or inquiry by law

9 enforcement.

10 (b) All fines imposed under this Section shall be paid

11 within 90 days after the effective date of the final order

12 imposing the fine.

13 (Source: P.A. 102-538, eff. 8-20-21.)

14 Section 70. The Wildlife Code is amended by changing

15 Sections 3.2 and 3.2a as follows:

16 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)

17 Sec. 3.2. Hunting license; application; instruction.

18 Before the Department or any county, city, village, township,

19 incorporated town clerk or his duly designated agent or any

20 other person authorized or designated by the Department to

21 issue hunting licenses shall issue a hunting license to any

22 person, the person shall file his application with the

23 Department or other party authorized to issue licenses on a

24 form provided by the Department and further give definite

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1 proof of identity and place of legal residence. Each clerk

2 designating agents to issue licenses and stamps shall furnish

3 the Department, within 10 days following the appointment, the

4 names and mailing addresses of the agents. Each clerk or his

5 duly designated agent shall be authorized to sell licenses and

6 stamps only within the territorial area for which he was

7 elected or appointed. No duly designated agent is authorized

8 to furnish licenses or stamps for issuance by any other

9 business establishment. Each application shall be executed and

10 sworn to and shall set forth the name and description of the

11 applicant and place of residence.

12 No hunting license shall be issued to any person born on or

13 after January 1, 1980 unless he presents the person authorized

14 to issue the license evidence that he has held a hunting

15 license issued by the State of Illinois or another state in a

16 prior year, or a certificate of competency as provided in this

17 Section. Persons under 18 years of age may be issued a Lifetime

18 Hunting or Sportsmen's Combination License as provided under

19 Section 20-45 of the Fish and Aquatic Life Code but shall not

20 be entitled to hunt alone, without the supervision of an adult

21 age 21 or older, unless they have a certificate of competency

22 as provided in this Section and the certificate is in their

23 possession while hunting.

24 The Department of Natural Resources shall authorize

25 personnel of the Department or certified volunteer instructors

26 to conduct courses, of not less than 10 hours in length, in

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1 firearms and hunter safety, which may include training in bow

2 and arrow safety, at regularly specified intervals throughout

3 the State. Persons successfully completing the course shall

4 receive a certificate of competency. The Department of Natural

5 Resources may further cooperate with any reputable association

6 or organization in establishing courses if the organization

7 has as one of its objectives the promotion of safety in the

8 handling of firearms or bow and arrow.

9 The Department of Natural Resources shall designate any

10 person found by it to be competent to give instruction in the

11 handling of firearms, hunter safety, and bow and arrow. The

12 persons so appointed shall give the course of instruction and

13 upon the successful completion shall issue to the person

14 instructed a certificate of competency in the safe handling of

15 firearms, hunter safety, and bow and arrow. No charge shall be

16 made for any course of instruction except for materials or

17 ammunition consumed. The Department of Natural Resources shall

18 furnish information on the requirements of hunter safety

19 education programs to be distributed free of charge to

20 applicants for hunting licenses by the persons appointed and

21 authorized to issue licenses. ~~Funds for the conducting of~~

22 ~~firearms and hunter safety courses shall be taken from the fee~~

23 ~~charged for the Firearm Owners Identification Card.~~

24 The fee for a hunting license to hunt all species for a

25 resident of Illinois is $12. For residents age 65 or older,

26 and, commencing with the 2012 license year, resident veterans

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1 of the United States Armed Forces after returning from service

2 abroad or mobilization by the President of the United States

3 as an active duty member of the United States Armed Forces, the

4 Illinois National Guard, or the Reserves of the United States

5 Armed Forces, the fee is one-half of the fee charged for a

6 hunting license to hunt all species for a resident of

7 Illinois. Veterans must provide to the Department acceptable

8 verification of their service. The Department shall establish

9 by administrative rule the procedure by which such

10 verification of service shall be made to the Department for

11 the purpose of issuing resident veterans hunting licenses at a

12 reduced fee. The fee for a hunting license to hunt all species

13 shall be $1 for residents over 75 years of age. Nonresidents

14 shall be charged $57 for a hunting license.

15 Residents of this State may obtain a 3-year hunting

16 license to hunt all species as described in Section 3.1 for 3

17 times the annual fee. For residents age 65 or older and

18 resident veterans of the United States Armed Forces after

19 returning from service abroad or mobilization by the President

20 of the United States, the fee is one-half of the fee charged

21 for a 3-year hunting license to hunt all species as described

22 in Section 3.1 for a resident of this State. Veterans must

23 provide to the Department, per administrative rule,

24 verification of their service. The Department shall establish

25 what constitutes suitable verification of service for the

26 purpose of issuing resident veterans 3-year hunting licenses

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1 at a reduced fee.

2 Nonresidents may be issued a nonresident hunting license

3 for a period not to exceed 10 consecutive days' hunting in the

4 State and shall be charged a fee of $35.

5 A special nonresident hunting license authorizing a

6 nonresident to take game birds by hunting on a game breeding

7 and hunting preserve area only, established under Section

8 3.27, shall be issued upon proper application being made and

9 payment of a fee equal to that for a resident hunting license.

10 The expiration date of this license shall be on the same date

11 each year that game breeding and hunting preserve area

12 licenses expire.

13 Each applicant for a State Migratory Waterfowl Stamp,

14 regardless of his residence or other condition, shall pay a

15 fee of $15 and shall receive a stamp. The fee for a State

16 Migratory Waterfowl Stamp shall be waived for residents over

17 75 years of age. Except as provided under Section 20-45 of the

18 Fish and Aquatic Life Code, the stamp shall be signed by the

19 person or affixed to his license or permit in a space

20 designated by the Department for that purpose.

21 Each applicant for a State Habitat Stamp, regardless of

22 his residence or other condition, shall pay a fee of $5 and

23 shall receive a stamp. The fee for a State Habitat Stamp shall

24 be waived for residents over 75 years of age. Except as

25 provided under Section 20-45 of the Fish and Aquatic Life

26 Code, the stamp shall be signed by the person or affixed to his

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1 license or permit in a space designated by the Department for

2 that purpose.

3 Nothing in this Section shall be construed as to require

4 the purchase of more than one State Habitat Stamp by any person

5 in any one license year.

6 The fees for State Pheasant Stamps and State Furbearer

7 Stamps shall be waived for residents over 75 years of age.

8 The Department shall furnish the holders of hunting

9 licenses and stamps with an insignia as evidence of possession

10 of license, or license and stamp, as the Department may

11 consider advisable. The insignia shall be exhibited and used

12 as the Department may order.

13 All other hunting licenses and all State stamps shall

14 expire upon March 31 of each year. Three-year hunting licenses

15 shall expire on March 31 of the 2nd year after the year in

16 which the license is issued.

17 Every person holding any license, permit, or stamp issued

18 under the provisions of this Act shall have it in his

19 possession for immediate presentation for inspection to the

20 officers and authorized employees of the Department, any

21 sheriff, deputy sheriff, or any other peace officer making a

22 demand for it. This provision shall not apply to Department

23 owned or managed sites where it is required that all hunters

24 deposit their license or ~~,~~ permit~~, or Firearm Owner's~~

25 ~~Identification Card~~ at the check station upon entering the

26 hunting areas.

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1 For the purposes of this Section, "acceptable

2 verification" means official documentation from the Department

3 of Defense or the appropriate Major Command showing

4 mobilization dates or service abroad dates, including: (i) a

5 DD-214, (ii) a letter from the Illinois Department of Military

6 Affairs for members of the Illinois National Guard, (iii) a

7 letter from the Regional Reserve Command for members of the

8 Armed Forces Reserve, (iv) a letter from the Major Command

9 covering Illinois for active duty members, (v) personnel

10 records for mobilized State employees, and (vi) any other

11 documentation that the Department, by administrative rule,

12 deems acceptable to establish dates of mobilization or service

13 abroad.

14 For the purposes of this Section, the term "service

15 abroad" means active duty service outside of the 50 United

16 States and the District of Columbia, and includes all active

17 duty service in territories and possessions of the United

18 States.

19 (Source: P.A. 102-780, eff. 5-13-22; 103-456, eff. 1-1-24.)

20 (520 ILCS 5/3.2a) (from Ch. 61, par. 3.2a)

21 Sec. 3.2a. Every person holding any license, permit or

22 stamp issued under the provisions hereof shall have it in his

23 possession for immediate presentation for inspection to the

24 officers and authorized employees of the Department, any

25 sheriff, deputy sheriff or any other peace officer making a

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1 demand for it. This provision shall not apply to Department

2 owned or managed sites where it is required that all hunters

3 deposit their license or ~~,~~ permit ~~or Firearm Owner's~~

4 ~~Identification Card~~ at the check station upon entering the

5 hunting areas.

6 (Source: P.A. 85-152.)

7 Section 71. The Illinois Vehicle Code is amended by

8 changing Section 2-116 as follows:

9 (625 ILCS 5/2-116) (from Ch. 95 1/2, par. 2-116)

10 Sec. 2-116. Secretary of State Department of Police.

11 (a) The Secretary of State and the officers, inspectors,

12 and investigators appointed by him shall cooperate with the

13 Illinois State Police and the sheriffs and police in enforcing

14 the laws regulating the operation of vehicles and the use of

15 the highways.

16 (b) The Secretary of State may provide training and

17 education for members of his office in traffic regulation, the

18 promotion of traffic safety and the enforcement of laws vested

19 in the Secretary of State for administration and enforcement

20 regulating the operation of vehicles and the use of the

21 highways.

22 (c) The Secretary of State may provide distinctive

23 uniforms and badges for officers, inspectors and investigators

24 employed in the administration of laws relating to the

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1 operation of vehicles and the use of the highways and vesting

2 the administration and enforcement of such laws in the

3 Secretary of State.

4 (c-5) The Director of the Secretary of State Department of

5 Police shall establish a program to allow a Secretary of State

6 Police officer, inspector, or investigator who is honorably

7 retiring in good standing to purchase either one or both of the

8 following: (1) any Secretary of State Department of Police

9 badge previously issued to that officer, inspector, or

10 investigator; or (2) ~~if the officer, inspector, or~~

11 ~~investigator has a currently valid Firearm Owner's~~

12 ~~Identification Card,~~ the service firearm issued or previously

13 issued to the officer, inspector, or investigator by the

14 Secretary of State Department of Police. The cost of the

15 firearm shall be the replacement value of the firearm and not

16 the firearm's fair market value.

17 (d) The Secretary of State Department of Police is

18 authorized to:

19 (1) investigate the origins, activities, persons, and

20 incidents of crime and the ways and means, if any, to

21 redress the victims of crimes, and study the impact, if

22 any, of legislation relative to the criminal laws of this

23 State related thereto and conduct any other investigations

24 as may be provided by law;

25 (2) employ skilled experts, technicians,

26 investigators, special agents, or otherwise specially

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1 qualified persons to aid in preventing or detecting crime,

2 apprehending criminals, or preparing and presenting

3 evidence of violations of the criminal laws of the State;

4 (3) cooperate with the police of cities, villages, and

5 incorporated towns, and with the police officers of any

6 county, in enforcing the laws of the State and in making

7 arrests;

8 (4) provide, as may be required by law, assistance to

9 local law enforcement agencies through training,

10 management, and consultant services for local law

11 enforcement agencies, pertaining to law enforcement

12 activities;

13 (5) exercise the rights, powers, and duties which have

14 been vested in it by the Secretary of State Act and this

15 Code; and

16 (6) enforce and administer any other laws in relation

17 to law enforcement as may be vested in the Secretary of

18 State Department of Police.

19 Persons within the Secretary of State Department of Police

20 who exercise these powers are conservators of the peace and

21 have all the powers possessed by policemen in municipalities

22 and sheriffs, and may exercise these powers anywhere in the

23 State in cooperation with local law enforcement officials.

24 These persons may use false or fictitious names in the

25 performance of their duties under this Section, upon approval

26 of the Director of Police-Secretary of State, and shall not be

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1 subject to prosecution under the criminal laws for that use.

2 (e) The Secretary of State Department of Police may

3 charge, collect, and receive fees or moneys equivalent to the

4 cost of providing its personnel, equipment, and services to

5 governmental agencies when explicitly requested by a

6 governmental agency and according to an intergovernmental

7 agreement or memorandums of understanding as provided by this

8 Section, including but not limited to fees or moneys

9 equivalent to the cost of providing training to other

10 governmental agencies on terms and conditions that in the

11 judgment of the Director of Police-Secretary of State are in

12 the best interest of the Secretary of State. All fees received

13 by the Secretary of State Police Department under this Act

14 shall be deposited in a special fund in the State Treasury to

15 be known as the Secretary of State Police Services Fund. The

16 money deposited in the Secretary of State Police Services Fund

17 shall be appropriated to the Secretary of State Department of

18 Police as provided for in subsection (g).

19 (f) The Secretary of State Department of Police may apply

20 for grants or contracts and receive, expend, allocate, or

21 disburse moneys made available by public or private entities,

22 including, but not limited to, contracts, bequests, grants, or

23 receiving equipment from corporations, foundations, or public

24 or private institutions of higher learning.

25 (g) The Secretary of State Police Services Fund is hereby

26 created as a special fund in the State Treasury. All moneys

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1 received under this Section by the Secretary of State

2 Department of Police shall be deposited into the Secretary of

3 State Police Services Fund to be appropriated to the Secretary

4 of State Department of Police for purposes as indicated by the

5 grantor or contractor or, in the case of moneys bequeathed or

6 granted for no specific purpose, for any purpose as deemed

7 appropriate by the Director of Police-Secretary of State in

8 administering the responsibilities of the Secretary of State

9 Department of Police.

10 (Source: P.A. 102-538, eff. 8-20-21.)

11 Section 75. The Criminal Code of 2012 is amended by

12 changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,

13 24-1.1, 24-1.6, 24-1.8, 24-1.9, 24-1.10, 24-2, 24-3, 24-3.1,

14 24-3.2, 24-3.4, 24-3.5, 24-3B, 24-4.1, 24-5.1, and 24-9 and

15 adding Section 24-4.5 as follows:

16 (720 ILCS 5/2-7.1)

17 Sec. 2-7.1. "Firearm ~~"Firearm" and "firearm~~ ammunition".

18 "Firearm ~~"Firearm" and "firearm~~ ammunition" means any

19 self-contained cartridge or shotgun shell, by whatever name

20 known, which is designed to be used or adaptable to use in a

21 firearm; excluding, however:

22 (1) any ammunition exclusively designed for use with a

23 device used exclusively for signaling or safety and required

24 or recommended by the United States Coast Guard or the

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1 Interstate Commerce Commission; and

2 (2) any ammunition designed exclusively for use with a

3 stud or rivet driver or other similar industrial ammunition

4 ~~have the meanings ascribed to them in Section 1.1 of the~~

5 ~~Firearm Owners Identification Card Act~~.

6 (Source: P.A. 91-544, eff. 1-1-00.)

7 (720 ILCS 5/2-7.5)

8 Sec. 2-7.5. "Firearm". Except as otherwise provided in a

9 specific Section, "firearm" means any device, by whatever name

10 known, which is designed to expel a projectile or projectiles

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

12 gas; excluding, however:

13 (1) any pneumatic gun, spring gun, paint ball gun, or B-B

14 gun which expels a single globular projectile not exceeding

15 .18 inch in diameter or which has a maximum muzzle velocity of

16 less than 700 feet per second;

17 (1.1) any pneumatic gun, spring gun, paint ball gun, or

18 B-B gun which expels breakable paint balls containing washable

19 marking colors;

20 (2) any device used exclusively for signaling or safety

21 and required or recommended by the United States Coast Guard

22 or the Interstate Commerce Commission;

23 (3) any device used exclusively for the firing of stud

24 cartridges, explosive rivets, or similar industrial

25 ammunition; and

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1 (4) an antique firearm (other than a machine-gun) which,

2 although designed as a weapon, the Illinois State Police finds

3 by reason of the date of its manufacture, value, design, and

4 other characteristics is primarily a collector's item and is

5 not likely to be used as a weapon ~~has the meaning ascribed to~~

6 ~~it in Section 1.1 of the Firearm Owners Identification Card~~

7 ~~Act~~.

8 (Source: P.A. 95-331, eff. 8-21-07.)

9 (720 ILCS 5/12-3.05) (was 720 ILCS 5/12-4)

10 Sec. 12-3.05. Aggravated battery.

11 (a) Offense based on injury. A person commits aggravated

12 battery when, in committing a battery, other than by the

13 discharge of a firearm, he or she knowingly does any of the

14 following:

15 (1) Causes great bodily harm or permanent disability

16 or disfigurement.

17 (2) Causes severe and permanent disability, great

18 bodily harm, or disfigurement by means of a caustic or

19 flammable substance, a poisonous gas, a deadly biological

20 or chemical contaminant or agent, a radioactive substance,

21 or a bomb or explosive compound.

22 (3) Causes great bodily harm or permanent disability

23 or disfigurement to an individual whom the person knows to

24 be a peace officer, community policing volunteer, fireman,

25 private security officer, correctional institution

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1 employee, or Department of Human Services employee

2 supervising or controlling sexually dangerous persons or

3 sexually violent persons:

4 (i) performing his or her official duties;

5 (ii) battered to prevent performance of his or her

6 official duties; or

7 (iii) battered in retaliation for performing his

8 or her official duties.

9 (4) Causes great bodily harm or permanent disability

10 or disfigurement to an individual 60 years of age or

11 older.

12 (5) Strangles another individual.

13 (b) Offense based on injury to a child or person with an

14 intellectual disability. A person who is at least 18 years of

15 age commits aggravated battery when, in committing a battery,

16 he or she knowingly and without legal justification by any

17 means:

18 (1) causes great bodily harm or permanent disability

19 or disfigurement to any child under the age of 13 years, or

20 to any person with a severe or profound intellectual

21 disability; or

22 (2) causes bodily harm or disability or disfigurement

23 to any child under the age of 13 years or to any person

24 with a severe or profound intellectual disability.

25 (c) Offense based on location of conduct. A person commits

26 aggravated battery when, in committing a battery, other than

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1 by the discharge of a firearm, he or she is or the person

2 battered is on or about a public way, public property, a public

3 place of accommodation or amusement, a sports venue, or a

4 domestic violence shelter, or in a church, synagogue, mosque,

5 or other building, structure, or place used for religious

6 worship.

7 (d) Offense based on status of victim. A person commits

8 aggravated battery when, in committing a battery, other than

9 by discharge of a firearm, he or she knows the individual

10 battered to be any of the following:

11 (1) A person 60 years of age or older.

12 (2) A person who is pregnant or has a physical

13 disability.

14 (3) A teacher or school employee upon school grounds

15 or grounds adjacent to a school or in any part of a

16 building used for school purposes.

17 (4) A peace officer, community policing volunteer,

18 fireman, private security officer, correctional

19 institution employee, or Department of Human Services

20 employee supervising or controlling sexually dangerous

21 persons or sexually violent persons:

22 (i) performing his or her official duties;

23 (ii) battered to prevent performance of his or her

24 official duties; or

25 (iii) battered in retaliation for performing his

26 or her official duties.

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1 (5) A judge, emergency management worker, emergency

2 medical services personnel, or utility worker:

3 (i) performing his or her official duties;

4 (ii) battered to prevent performance of his or her

5 official duties; or

6 (iii) battered in retaliation for performing his

7 or her official duties.

8 (6) An officer or employee of the State of Illinois, a

9 unit of local government, or a school district, while

10 performing his or her official duties.

11 (7) A transit employee performing his or her official

12 duties, or a transit passenger.

13 (8) A taxi driver on duty.

14 (9) A merchant who detains the person for an alleged

15 commission of retail theft under Section 16-26 of this

16 Code and the person without legal justification by any

17 means causes bodily harm to the merchant.

18 (10) A person authorized to serve process under

19 Section 2-202 of the Code of Civil Procedure or a special

20 process server appointed by the circuit court while that

21 individual is in the performance of his or her duties as a

22 process server.

23 (11) A nurse while in the performance of his or her

24 duties as a nurse.

25 (12) A merchant: (i) while performing his or her

26 duties, including, but not limited to, relaying directions

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1 for healthcare or safety from his or her supervisor or

2 employer or relaying health or safety guidelines,

3 recommendations, regulations, or rules from a federal,

4 State, or local public health agency; and (ii) during a

5 disaster declared by the Governor, or a state of emergency

6 declared by the mayor of the municipality in which the

7 merchant is located, due to a public health emergency and

8 for a period of 6 months after such declaration.

9 (e) Offense based on use of a firearm. A person commits

10 aggravated battery when, in committing a battery, he or she

11 knowingly does any of the following:

12 (1) Discharges a firearm, other than a machine gun or

13 a firearm equipped with a silencer, and causes any injury

14 to another person.

15 (2) Discharges a firearm, other than a machine gun or

16 a firearm equipped with a silencer, and causes any injury

17 to a person he or she knows to be a peace officer,

18 community policing volunteer, person summoned by a police

19 officer, fireman, private security officer, correctional

20 institution employee, or emergency management worker:

21 (i) performing his or her official duties;

22 (ii) battered to prevent performance of his or her

23 official duties; or

24 (iii) battered in retaliation for performing his

25 or her official duties.

26 (3) Discharges a firearm, other than a machine gun or

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1 a firearm equipped with a silencer, and causes any injury

2 to a person he or she knows to be emergency medical

3 services personnel:

4 (i) performing his or her official duties;

5 (ii) battered to prevent performance of his or her

6 official duties; or

7 (iii) battered in retaliation for performing his

8 or her official duties.

9 (4) Discharges a firearm and causes any injury to a

10 person he or she knows to be a teacher, a student in a

11 school, or a school employee, and the teacher, student, or

12 employee is upon school grounds or grounds adjacent to a

13 school or in any part of a building used for school

14 purposes.

15 (5) Discharges a machine gun or a firearm equipped

16 with a silencer, and causes any injury to another person.

17 (6) Discharges a machine gun or a firearm equipped

18 with a silencer, and causes any injury to a person he or

19 she knows to be a peace officer, community policing

20 volunteer, person summoned by a police officer, fireman,

21 private security officer, correctional institution

22 employee or emergency management worker:

23 (i) performing his or her official duties;

24 (ii) battered to prevent performance of his or her

25 official duties; or

26 (iii) battered in retaliation for performing his

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1 or her official duties.

2 (7) Discharges a machine gun or a firearm equipped

3 with a silencer, and causes any injury to a person he or

4 she knows to be emergency medical services personnel:

5 (i) performing his or her official duties;

6 (ii) battered to prevent performance of his or her

7 official duties; or

8 (iii) battered in retaliation for performing his

9 or her official duties.

10 (8) Discharges a machine gun or a firearm equipped

11 with a silencer, and causes any injury to a person he or

12 she knows to be a teacher, or a student in a school, or a

13 school employee, and the teacher, student, or employee is

14 upon school grounds or grounds adjacent to a school or in

15 any part of a building used for school purposes.

16 (f) Offense based on use of a weapon or device. A person

17 commits aggravated battery when, in committing a battery, he

18 or she does any of the following:

19 (1) Uses a deadly weapon other than by discharge of a

20 firearm, or uses an air rifle as defined in Section

21 24.8-0.1 of this Code.

22 (2) Wears a hood, robe, or mask to conceal his or her

23 identity.

24 (3) Knowingly and without lawful justification shines

25 or flashes a laser gunsight or other laser device attached

26 to a firearm, or used in concert with a firearm, so that

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1 the laser beam strikes upon or against the person of

2 another.

3 (4) Knowingly video or audio records the offense with

4 the intent to disseminate the recording.

5 (g) Offense based on certain conduct. A person commits

6 aggravated battery when, other than by discharge of a firearm,

7 he or she does any of the following:

8 (1) Violates Section 401 of the Illinois Controlled

9 Substances Act by unlawfully delivering a controlled

10 substance to another and any user experiences great bodily

11 harm or permanent disability as a result of the injection,

12 inhalation, or ingestion of any amount of the controlled

13 substance.

14 (2) Knowingly administers to an individual or causes

15 him or her to take, without his or her consent or by threat

16 or deception, and for other than medical purposes, any

17 intoxicating, poisonous, stupefying, narcotic,

18 anesthetic, or controlled substance, or gives to another

19 person any food containing any substance or object

20 intended to cause physical injury if eaten.

21 (3) Knowingly causes or attempts to cause a

22 correctional institution employee or Department of Human

23 Services employee to come into contact with blood, seminal

24 fluid, urine, or feces by throwing, tossing, or expelling

25 the fluid or material, and the person is an inmate of a

26 penal institution or is a sexually dangerous person or

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1 sexually violent person in the custody of the Department

2 of Human Services.

3 (h) Sentence. Unless otherwise provided, aggravated

4 battery is a Class 3 felony.

5 Aggravated battery as defined in subdivision (a)(4),

6 (d)(4), or (g)(3) is a Class 2 felony.

7 Aggravated battery as defined in subdivision (a)(3) or

8 (g)(1) is a Class 1 felony.

9 Aggravated battery as defined in subdivision (a)(1) is a

10 Class 1 felony when the aggravated battery was intentional and

11 involved the infliction of torture, as defined in paragraph

12 (10) of subsection (b-5) of Section 5-8-1 of the Unified Code

13 of Corrections, as the infliction of or subjection to extreme

14 physical pain, motivated by an intent to increase or prolong

15 the pain, suffering, or agony of the victim.

16 Aggravated battery as defined in subdivision (a)(1) is a

17 Class 2 felony when the person causes great bodily harm or

18 permanent disability to an individual whom the person knows to

19 be a member of a congregation engaged in prayer or other

20 religious activities at a church, synagogue, mosque, or other

21 building, structure, or place used for religious worship.

22 Aggravated battery under subdivision (a)(5) is a Class 1

23 felony if:

24 (A) the person used or attempted to use a dangerous

25 instrument while committing the offense;

26 (B) the person caused great bodily harm or permanent

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1 disability or disfigurement to the other person while

2 committing the offense; or

3 (C) the person has been previously convicted of a

4 violation of subdivision (a)(5) under the laws of this

5 State or laws similar to subdivision (a)(5) of any other

6 state.

7 Aggravated battery as defined in subdivision (e)(1) is a

8 Class X felony.

9 Aggravated battery as defined in subdivision (a)(2) is a

10 Class X felony for which a person shall be sentenced to a term

11 of imprisonment of a minimum of 6 years and a maximum of 45

12 years.

13 Aggravated battery as defined in subdivision (e)(5) is a

14 Class X felony for which a person shall be sentenced to a term

15 of imprisonment of a minimum of 12 years and a maximum of 45

16 years.

17 Aggravated battery as defined in subdivision (e)(2),

18 (e)(3), or (e)(4) is a Class X felony for which a person shall

19 be sentenced to a term of imprisonment of a minimum of 15 years

20 and a maximum of 60 years.

21 Aggravated battery as defined in subdivision (e)(6),

22 (e)(7), or (e)(8) is a Class X felony for which a person shall

23 be sentenced to a term of imprisonment of a minimum of 20 years

24 and a maximum of 60 years.

25 Aggravated battery as defined in subdivision (b)(1) is a

26 Class X felony, except that:

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1 (1) if the person committed the offense while armed

2 with a firearm, 15 years shall be added to the term of

3 imprisonment imposed by the court;

4 (2) if, during the commission of the offense, the

5 person personally discharged a firearm, 20 years shall be

6 added to the term of imprisonment imposed by the court;

7 (3) if, during the commission of the offense, the

8 person personally discharged a firearm that proximately

9 caused great bodily harm, permanent disability, permanent

10 disfigurement, or death to another person, 25 years or up

11 to a term of natural life shall be added to the term of

12 imprisonment imposed by the court.

13 (i) Definitions. In this Section:

14 "Building or other structure used to provide shelter" has

15 the meaning ascribed to "shelter" in Section 1 of the Domestic

16 Violence Shelters Act.

17 "Domestic violence" has the meaning ascribed to it in

18 Section 103 of the Illinois Domestic Violence Act of 1986.

19 "Domestic violence shelter" means any building or other

20 structure used to provide shelter or other services to victims

21 or to the dependent children of victims of domestic violence

22 pursuant to the Illinois Domestic Violence Act of 1986 or the

23 Domestic Violence Shelters Act, or any place within 500 feet

24 of such a building or other structure in the case of a person

25 who is going to or from such a building or other structure.

26 "Firearm" has the meaning provided under Section 2-7.5 of

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1 this Code ~~1.1 of the Firearm Owners Identification Card Act~~,

2 and does not include an air rifle as defined by Section

3 24.8-0.1 of this Code.

4 "Machine gun" has the meaning ascribed to it in Section

5 24-1 of this Code.

6 "Merchant" has the meaning ascribed to it in Section

7 16-0.1 of this Code.

8 "Strangle" means intentionally impeding the normal

9 breathing or circulation of the blood of an individual by

10 applying pressure on the throat or neck of that individual or

11 by blocking the nose or mouth of that individual.

12 (Source: P.A. 103-51, eff. 1-1-24.)

13 (720 ILCS 5/16-0.1)

14 Sec. 16-0.1. Definitions. In this Article, unless the

15 context clearly requires otherwise, the following terms are

16 defined as indicated:

17 "Access" means to use, instruct, communicate with, store

18 data in, retrieve or intercept data from, or otherwise utilize

19 any services of a computer.

20 "Coin-operated machine" includes any automatic vending

21 machine or any part thereof, parking meter, coin telephone,

22 coin-operated transit turnstile, transit fare box, coin

23 laundry machine, coin dry cleaning machine, amusement machine,

24 music machine, vending machine dispensing goods or services,

25 or money changer.

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1 "Communication device" means any type of instrument,

2 device, machine, or equipment which is capable of

3 transmitting, acquiring, decrypting, or receiving any

4 telephonic, electronic, data, Internet access, audio, video,

5 microwave, or radio transmissions, signals, communications, or

6 services, including the receipt, acquisition, transmission, or

7 decryption of all such communications, transmissions, signals,

8 or services provided by or through any cable television, fiber

9 optic, telephone, satellite, microwave, radio, Internet-based,

10 data transmission, or wireless distribution network, system or

11 facility; or any part, accessory, or component thereof,

12 including any computer circuit, security module, smart card,

13 software, computer chip, electronic mechanism or other

14 component, accessory or part of any communication device which

15 is capable of facilitating the transmission, decryption,

16 acquisition or reception of all such communications,

17 transmissions, signals, or services.

18 "Communication service" means any service lawfully

19 provided for a charge or compensation to facilitate the lawful

20 origination, transmission, emission, or reception of signs,

21 signals, data, writings, images, and sounds or intelligence of

22 any nature by telephone, including cellular telephones or a

23 wire, wireless, radio, electromagnetic, photo-electronic or

24 photo-optical system; and also any service lawfully provided

25 by any radio, telephone, cable television, fiber optic,

26 satellite, microwave, Internet-based or wireless distribution

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1 network, system, facility or technology, including, but not

2 limited to, any and all electronic, data, video, audio,

3 Internet access, telephonic, microwave and radio

4 communications, transmissions, signals and services, and any

5 such communications, transmissions, signals and services

6 lawfully provided directly or indirectly by or through any of

7 those networks, systems, facilities or technologies.

8 "Communication service provider" means: (1) any person or

9 entity providing any communication service, whether directly

10 or indirectly, as a reseller, including, but not limited to, a

11 cellular, paging or other wireless communications company or

12 other person or entity which, for a fee, supplies the

13 facility, cell site, mobile telephone switching office or

14 other equipment or communication service; (2) any person or

15 entity owning or operating any cable television, fiber optic,

16 satellite, telephone, wireless, microwave, radio, data

17 transmission or Internet-based distribution network, system or

18 facility; and (3) any person or entity providing any

19 communication service directly or indirectly by or through any

20 such distribution system, network or facility.

21 "Computer" means a device that accepts, processes, stores,

22 retrieves or outputs data, and includes but is not limited to

23 auxiliary storage and telecommunications devices connected to

24 computers.

25 "Continuing course of conduct" means a series of acts, and

26 the accompanying mental state necessary for the crime in

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1 question, irrespective of whether the series of acts are

2 continuous or intermittent.

3 "Delivery container" means any bakery basket of wire or

4 plastic used to transport or store bread or bakery products,

5 any dairy case of wire or plastic used to transport or store

6 dairy products, and any dolly or cart of 2 or 4 wheels used to

7 transport or store any bakery or dairy product.

8 "Document-making implement" means any implement,

9 impression, template, computer file, computer disc, electronic

10 device, computer hardware, computer software, instrument, or

11 device that is used to make a real or fictitious or fraudulent

12 personal identification document.

13 "Financial transaction device" means any of the following:

14 (1) An electronic funds transfer card.

15 (2) A credit card.

16 (3) A debit card.

17 (4) A point-of-sale card.

18 (5) Any instrument, device, card, plate, code, account

19 number, personal identification number, or a record or

20 copy of a code, account number, or personal identification

21 number or other means of access to a credit account or

22 deposit account, or a driver's license or State

23 identification card used to access a proprietary account,

24 other than access originated solely by a paper instrument,

25 that can be used alone or in conjunction with another

26 access device, for any of the following purposes:

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1 (A) Obtaining money, cash refund or credit

2 account, credit, goods, services, or any other thing

3 of value.

4 (B) Certifying or guaranteeing to a person or

5 business the availability to the device holder of

6 funds on deposit to honor a draft or check payable to

7 the order of that person or business.

8 (C) Providing the device holder access to a

9 deposit account for the purpose of making deposits,

10 withdrawing funds, transferring funds between deposit

11 accounts, obtaining information pertaining to a

12 deposit account, or making an electronic funds

13 transfer.

14 "Full retail value" means the merchant's stated or

15 advertised price of the merchandise. "Full retail value"

16 includes the aggregate value of property obtained from retail

17 thefts committed by the same person as part of a continuing

18 course of conduct from one or more mercantile establishments

19 in a single transaction or in separate transactions over a

20 period of one year.

21 "Internet" means an interactive computer service or system

22 or an information service, system, or access software provider

23 that provides or enables computer access by multiple users to

24 a computer server, and includes, but is not limited to, an

25 information service, system, or access software provider that

26 provides access to a network system commonly known as the

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1 Internet, or any comparable system or service and also

2 includes, but is not limited to, a World Wide Web page,

3 newsgroup, message board, mailing list, or chat area on any

4 interactive computer service or system or other online

5 service.

6 "Library card" means a card or plate issued by a library

7 facility for purposes of identifying the person to whom the

8 library card was issued as authorized to borrow library

9 material, subject to all limitations and conditions imposed on

10 the borrowing by the library facility issuing such card.

11 "Library facility" includes any public library or museum,

12 or any library or museum of an educational, historical or

13 eleemosynary institution, organization or society.

14 "Library material" includes any book, plate, picture,

15 photograph, engraving, painting, sculpture, statue, artifact,

16 drawing, map, newspaper, pamphlet, broadside, magazine,

17 manuscript, document, letter, microfilm, sound recording,

18 audiovisual material, magnetic or other tape, electronic data

19 processing record or other documentary, written or printed

20 material regardless of physical form or characteristics, or

21 any part thereof, belonging to, or on loan to or otherwise in

22 the custody of a library facility.

23 "Manufacture or assembly of an unlawful access device"

24 means to make, produce or assemble an unlawful access device

25 or to modify, alter, program or re-program any instrument,

26 device, machine, equipment or software so that it is capable

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1 of defeating or circumventing any technology, device or

2 software used by the provider, owner or licensee of a

3 communication service or of any data, audio or video programs

4 or transmissions to protect any such communication, data,

5 audio or video services, programs or transmissions from

6 unauthorized access, acquisition, disclosure, receipt,

7 decryption, communication, transmission or re-transmission.

8 "Manufacture or assembly of an unlawful communication

9 device" means to make, produce or assemble an unlawful

10 communication or wireless device or to modify, alter, program

11 or reprogram a communication or wireless device to be capable

12 of acquiring, disrupting, receiving, transmitting, decrypting,

13 or facilitating the acquisition, disruption, receipt,

14 transmission or decryption of, a communication service without

15 the express consent or express authorization of the

16 communication service provider, or to knowingly assist others

17 in those activities.

18 "Master sound recording" means the original physical

19 object on which a given set of sounds were first recorded and

20 which the original object from which all subsequent sound

21 recordings embodying the same set of sounds are directly or

22 indirectly derived.

23 "Merchandise" means any item of tangible personal

24 property, including motor fuel.

25 "Merchant" means an owner or operator of any retail

26 mercantile establishment or any agent, employee, lessee,

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1 consignee, officer, director, franchisee, or independent

2 contractor of the owner or operator. "Merchant" also means a

3 person who receives from an authorized user of a payment card,

4 or someone the person believes to be an authorized user, a

5 payment card or information from a payment card, or what the

6 person believes to be a payment card or information from a

7 payment card, as the instrument for obtaining, purchasing or

8 receiving goods, services, money, or anything else of value

9 from the person.

10 "Motor fuel" means a liquid, regardless of its properties,

11 used to propel a vehicle, including gasoline and diesel.

12 "Online" means the use of any electronic or wireless

13 device to access the Internet.

14 "Payment card" means a credit card, charge card, debit

15 card, or any other card that is issued to an authorized card

16 user and that allows the user to obtain, purchase, or receive

17 goods, services, money, or anything else of value from a

18 merchant.

19 "Person with a disability" means a person who suffers from

20 a physical or mental impairment resulting from disease,

21 injury, functional disorder or congenital condition that

22 impairs the individual's mental or physical ability to

23 independently manage his or her property or financial

24 resources, or both.

25 "Personal identification document" means a birth

26 certificate, a driver's license, a State identification card,

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1 a public, government, or private employment identification

2 card, a social security card, a license issued under the

3 Firearm Concealed Carry Act ~~firearm owner's identification~~

4 ~~card~~, a credit card, a debit card, or a passport issued to or

5 on behalf of a person other than the offender, or any document

6 made or issued, or falsely purported to have been made or

7 issued, by or under the authority of the United States

8 Government, the State of Illinois, or any other state

9 political subdivision of any state, or any other governmental

10 or quasi-governmental organization that is of a type intended

11 for the purpose of identification of an individual, or any

12 such document made or altered in a manner that it falsely

13 purports to have been made on behalf of or issued to another

14 person or by the authority of one who did not give that

15 authority.

16 "Personal identifying information" means any of the

17 following information:

18 (1) A person's name.

19 (2) A person's address.

20 (3) A person's date of birth.

21 (4) A person's telephone number.

22 (5) A person's driver's license number or State of

23 Illinois identification card as assigned by the Secretary

24 of State of the State of Illinois or a similar agency of

25 another state.

26 (6) A person's social security number.

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1 (7) A person's public, private, or government

2 employer, place of employment, or employment

3 identification number.

4 (8) The maiden name of a person's mother.

5 (9) The number assigned to a person's depository

6 account, savings account, or brokerage account.

7 (10) The number assigned to a person's credit or debit

8 card, commonly known as a "Visa Card", "MasterCard",

9 "American Express Card", "Discover Card", or other similar

10 cards whether issued by a financial institution,

11 corporation, or business entity.

12 (11) Personal identification numbers.

13 (12) Electronic identification numbers.

14 (13) Digital signals.

15 (14) User names, passwords, and any other word,

16 number, character or combination of the same usable in

17 whole or part to access information relating to a specific

18 individual, or to the actions taken, communications made

19 or received, or other activities or transactions of a

20 specific individual.

21 (15) Any other numbers or information which can be

22 used to access a person's financial resources, or to

23 identify a specific individual, or the actions taken,

24 communications made or received, or other activities or

25 transactions of a specific individual.

26 "Premises of a retail mercantile establishment" includes,

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1 but is not limited to, the retail mercantile establishment;

2 any common use areas in shopping centers; and all parking

3 areas set aside by a merchant or on behalf of a merchant for

4 the parking of vehicles for the convenience of the patrons of

5 such retail mercantile establishment.

6 "Public water, gas, or power supply, or other public

7 services" mean any service subject to regulation by the

8 Illinois Commerce Commission; any service furnished by a

9 public utility that is owned and operated by any political

10 subdivision, public institution of higher education or

11 municipal corporation of this State; any service furnished by

12 any public utility that is owned by such political

13 subdivision, public institution of higher education, or

14 municipal corporation and operated by any of its lessees or

15 operating agents; any service furnished by an electric

16 cooperative as defined in Section 3.4 of the Electric Supplier

17 Act; or wireless service or other service regulated by the

18 Federal Communications Commission.

19 "Publish" means to communicate or disseminate information

20 to any one or more persons, either orally, in person, or by

21 telephone, radio or television or in writing of any kind,

22 including, without limitation, a letter or memorandum,

23 circular or handbill, newspaper or magazine article or book.

24 "Radio frequency identification device" means any

25 implement, computer file, computer disc, electronic device,

26 computer hardware, computer software, or instrument that is

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1 used to activate, read, receive, or decode information stored

2 on a RFID tag or transponder attached to a personal

3 identification document.

4 "RFID tag or transponder" means a chip or device that

5 contains personal identifying information from which the

6 personal identifying information can be read or decoded by

7 another device emitting a radio frequency that activates or

8 powers a radio frequency emission response from the chip or

9 transponder.

10 "Reencoder" means an electronic device that places encoded

11 information from the magnetic strip or stripe of a payment

12 card onto the magnetic strip or stripe of a different payment

13 card.

14 "Retail mercantile establishment" means any place where

15 merchandise is displayed, held, stored or offered for sale to

16 the public.

17 "Scanning device" means a scanner, reader, or any other

18 electronic device that is used to access, read, scan, obtain,

19 memorize, or store, temporarily or permanently, information

20 encoded on the magnetic strip or stripe of a payment card.

21 "Shopping cart" means those push carts of the type or

22 types which are commonly provided by grocery stores, drug

23 stores or other retail mercantile establishments for the use

24 of the public in transporting commodities in stores and

25 markets and, incidentally, from the stores to a place outside

26 the store.

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1 "Sound or audio visual recording" means any sound or audio

2 visual phonograph record, disc, pre-recorded tape, film, wire,

3 magnetic tape or other object, device or medium, now known or

4 hereafter invented, by which sounds or images may be

5 reproduced with or without the use of any additional machine,

6 equipment or device.

7 "Stored value card" means any card, gift card, instrument,

8 or device issued with or without fee for the use of the

9 cardholder to obtain money, goods, services, or anything else

10 of value. Stored value cards include, but are not limited to,

11 cards issued for use as a stored value card or gift card, and

12 an account identification number or symbol used to identify a

13 stored value card. "Stored value card" does not include a

14 prepaid card usable at multiple, unaffiliated merchants or at

15 automated teller machines, or both. "Stored value card" shall

16 only apply to Section 16-25.1 of this Act.

17 "Theft detection device remover" means any tool or device

18 specifically designed and intended to be used to remove any

19 theft detection device from any merchandise.

20 "Under-ring" means to cause the cash register or other

21 sales recording device to reflect less than the full retail

22 value of the merchandise.

23 "Unidentified sound or audio visual recording" means a

24 sound or audio visual recording without the actual name and

25 full and correct street address of the manufacturer, and the

26 name of the actual performers or groups prominently and

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1 legibly printed on the outside cover or jacket and on the label

2 of such sound or audio visual recording.

3 "Unlawful access device" means any type of instrument,

4 device, machine, equipment, technology, or software which is

5 primarily possessed, used, designed, assembled, manufactured,

6 sold, distributed or offered, promoted or advertised for the

7 purpose of defeating or circumventing any technology, device

8 or software, or any component or part thereof, used by the

9 provider, owner or licensee of any communication service or of

10 any data, audio or video programs or transmissions to protect

11 any such communication, audio or video services, programs or

12 transmissions from unauthorized access, acquisition, receipt,

13 decryption, disclosure, communication, transmission or

14 re-transmission.

15 "Unlawful communication device" means any electronic

16 serial number, mobile identification number, personal

17 identification number or any communication or wireless device

18 that is capable of acquiring or facilitating the acquisition

19 of a communication service without the express consent or

20 express authorization of the communication service provider,

21 or that has been altered, modified, programmed or

22 reprogrammed, alone or in conjunction with another

23 communication or wireless device or other equipment, to so

24 acquire or facilitate the unauthorized acquisition of a

25 communication service. "Unlawful communication device" also

26 means:

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1 (1) any phone altered to obtain service without the

2 express consent or express authorization of the

3 communication service provider, tumbler phone, counterfeit

4 or clone phone, tumbler microchip, counterfeit or clone

5 microchip, scanning receiver of wireless communication

6 service or other instrument capable of disguising its

7 identity or location or of gaining unauthorized access to

8 a communications or wireless system operated by a

9 communication service provider; and

10 (2) any communication or wireless device which is

11 capable of, or has been altered, designed, modified,

12 programmed or reprogrammed, alone or in conjunction with

13 another communication or wireless device or devices, so as

14 to be capable of, facilitating the disruption,

15 acquisition, receipt, transmission or decryption of a

16 communication service without the express consent or

17 express authorization of the communication service

18 provider, including, but not limited to, any device,

19 technology, product, service, equipment, computer software

20 or component or part thereof, primarily distributed, sold,

21 designed, assembled, manufactured, modified, programmed,

22 reprogrammed or used for the purpose of providing the

23 unauthorized receipt of, transmission of, disruption of,

24 decryption of, access to or acquisition of any

25 communication service provided by any communication

26 service provider.

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1 "Vehicle" means a motor vehicle, motorcycle, or farm

2 implement that is self-propelled and that uses motor fuel for

3 propulsion.

4 "Wireless device" includes any type of instrument, device,

5 machine, or equipment that is capable of transmitting or

6 receiving telephonic, electronic or radio communications, or

7 any part of such instrument, device, machine, or equipment, or

8 any computer circuit, computer chip, electronic mechanism, or

9 other component that is capable of facilitating the

10 transmission or reception of telephonic, electronic, or radio

11 communications.

12 (Source: P.A. 102-757, eff. 5-13-22.)

13 (720 ILCS 5/17-30) (was 720 ILCS 5/16C-2)

14 Sec. 17-30. Defaced, altered, or removed manufacturer or

15 owner identification number.

16 (a) Unlawful sale of household appliances. A person

17 commits unlawful sale of household appliances when he or she

18 knowingly, with the intent to defraud or deceive another,

19 keeps for sale, within any commercial context, any household

20 appliance with a missing, defaced, obliterated, or otherwise

21 altered manufacturer's identification number.

22 (b) Construction equipment identification defacement. A

23 person commits construction equipment identification

24 defacement when he or she knowingly changes, alters, removes,

25 mutilates, or obliterates a permanently affixed serial number,

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1 product identification number, part number, component

2 identification number, owner-applied identification, or other

3 mark of identification attached to or stamped, inscribed,

4 molded, or etched into a machine or other equipment, whether

5 stationary or mobile or self-propelled, or a part of such

6 machine or equipment, used in the construction, maintenance,

7 or demolition of buildings, structures, bridges, tunnels,

8 sewers, utility pipes or lines, ditches or open cuts, roads,

9 highways, dams, airports, or waterways or in material handling

10 for such projects.

11 The trier of fact may infer that the defendant has

12 knowingly changed, altered, removed, or obliterated the serial

13 number, product identification number, part number, component

14 identification number, owner-applied identification number, or

15 other mark of identification, if the defendant was in

16 possession of any machine or other equipment or a part of such

17 machine or equipment used in the construction, maintenance, or

18 demolition of buildings, structures, bridges, tunnels, sewers,

19 utility pipes or lines, ditches or open cuts, roads, highways,

20 dams, airports, or waterways or in material handling for such

21 projects upon which any such serial number, product

22 identification number, part number, component identification

23 number, owner-applied identification number, or other mark of

24 identification has been changed, altered, removed, or

25 obliterated.

26 (c) Defacement of manufacturer's serial number or

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1 identification mark. A person commits defacement of a

2 manufacturer's serial number or identification mark when he or

3 she knowingly removes, alters, defaces, covers, or destroys

4 the manufacturer's serial number or any other manufacturer's

5 number or distinguishing identification mark upon any machine

6 or other article of merchandise, other than a motor vehicle as

7 defined in Section 1-146 of the Illinois Vehicle Code or a

8 firearm ~~as defined in the Firearm Owners Identification Card~~

9 ~~Act~~, with the intent of concealing or destroying the identity

10 of such machine or other article of merchandise.

11 (d) Sentence.

12 (1) A violation of subsection (a) of this Section is a

13 Class 4 felony if the value of the appliance or appliances

14 exceeds $1,000 and a Class B misdemeanor if the value of

15 the appliance or appliances is $1,000 or less.

16 (2) A violation of subsection (b) of this Section is a

17 Class A misdemeanor.

18 (3) A violation of subsection (c) of this Section is a

19 Class B misdemeanor.

20 (e) No liability shall be imposed upon any person for the

21 unintentional failure to comply with subsection (a).

22 (f) Definitions. In this Section:

23 "Commercial context" means a continuing business

24 enterprise conducted for profit by any person whose primary

25 business is the wholesale or retail marketing of household

26 appliances, or a significant portion of whose business or

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1 inventory consists of household appliances kept or sold on a

2 wholesale or retail basis.

3 "Household appliance" means any gas or electric device or

4 machine marketed for use as home entertainment or for

5 facilitating or expediting household tasks or chores. The term

6 shall include but not necessarily be limited to refrigerators,

7 freezers, ranges, radios, television sets, vacuum cleaners,

8 toasters, dishwashers, and other similar household items.

9 "Manufacturer's identification number" means any serial

10 number or other similar numerical or alphabetical designation

11 imprinted upon or attached to or placed, stamped, or otherwise

12 imprinted upon or attached to a household appliance or item by

13 the manufacturer for purposes of identifying a particular

14 appliance or item individually or by lot number.

15 (Source: P.A. 96-1551, eff. 7-1-11.)

16 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

17 Sec. 24-1. Unlawful possession of weapons.

18 (a) A person commits the offense of unlawful possession of

19 weapons when he knowingly:

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

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

22 sand-bag, metal knuckles or other knuckle weapon

23 regardless of its composition, throwing star, or any

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

25 has a blade that opens automatically by hand pressure

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

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

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

4 coil spring, elastic material or compressed gas; or

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

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

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

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

9 deadly weapon or instrument of like character; or

10 (2.5) Carries or possesses with intent to use the same

11 unlawfully against another, any firearm in a church,

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

13 used for religious worship; or

14 (3) Carries on or about his person or in any vehicle, a

15 tear gas gun projector or bomb or any object containing

16 noxious liquid gas or substance, other than an object

17 containing a non-lethal noxious liquid gas or substance

18 designed solely for personal defense carried by a person

19 18 years of age or older; or

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

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

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

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

24 an invitee with that person's permission, any pistol,

25 revolver, stun gun or taser or other firearm, except that

26 this subsection (a)(4) does not apply to or affect

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1 transportation of weapons that meet one of the following

2 conditions:

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

4 (ii) are not immediately accessible; or

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

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

7 person eligible under State and federal law to possess

8 a firearm ~~who has been issued a currently valid~~

9 ~~Firearm Owner's Identification Card~~; or

10 (iv) are carried or possessed in accordance with

11 the Firearm Concealed Carry Act by a person who has

12 been issued a currently valid license under the

13 Firearm Concealed Carry Act; or

14 (5) Sets a spring gun; or

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

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

17 of any firearm; or

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

19 carries:

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

21 purposes of this subsection as any weapon, which

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

23 restored to shoot, automatically more than one shot

24 without manually reloading by a single function of the

25 trigger, including the frame or receiver of any such

26 weapon, or sells, manufactures, purchases, possesses,

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1 or carries any combination of parts designed or

2 intended for use in converting any weapon into a

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

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

5 possession or under the control of a person;

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

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

8 more barrels less than 18 inches in length or any

9 weapon made from a rifle or shotgun, whether by

10 alteration, modification, or otherwise, if such a

11 weapon as modified has an overall length of less than

12 26 inches; or

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

14 other container containing an explosive substance of

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

16 not limited to, black powder bombs and Molotov

17 cocktails or artillery projectiles; or

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

19 taser or other deadly weapon in any place which is

20 licensed to sell intoxicating beverages, or at any public

21 gathering held pursuant to a license issued by any

22 governmental body or any public gathering at which an

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

24 demonstration or lecture involving the exhibition of

25 unloaded firearms is conducted.

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

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

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

3 persons engaged in firearm safety training courses; or

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

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

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

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

8 identity; or

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

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

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

12 incorporated town, except when an invitee thereon or

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

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

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

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

17 another person as an invitee with that person's

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

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

20 not apply to or affect transportation of weapons that meet

21 one of the following conditions:

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

23 (ii) are not immediately accessible; or

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

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

26 person eligible under State and federal law to possess

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1 a firearm ~~who has been issued a currently valid~~

2 ~~Firearm Owner's Identification Card~~; or

3 (iv) are carried or possessed in accordance with

4 the Firearm Concealed Carry Act by a person who has

5 been issued a currently valid license under the

6 Firearm Concealed Carry Act.

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

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

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

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

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

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

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

14 device which is powered by electrical charging units, such

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

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

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

18 to render him incapable of normal functioning; or

19 (11) Sells, manufactures, delivers, imports,

20 possesses, or purchases any assault weapon attachment or

21 .50 caliber cartridge in violation of Section 24-1.9 or

22 any explosive bullet. For purposes of this paragraph (a)

23 "explosive bullet" means the projectile portion of an

24 ammunition cartridge which contains or carries an

25 explosive charge which will explode upon contact with the

26 flesh of a human or an animal. "Cartridge" means a tubular

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1 metal case having a projectile affixed at the front

2 thereof and a cap or primer at the rear end thereof, with

3 the propellant contained in such tube between the

4 projectile and the cap; or

5 (12) (Blank); or

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

7 person while in a building occupied by a unit of

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

9 or other instrument of like character intended for use as

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

11 means a short stick or club commonly carried by police

12 officers which is either telescopic or constructed of a

13 solid piece of wood or other man-made material; or

14 (14) Manufactures, possesses, sells, or offers to

15 sell, purchase, manufacture, import, transfer, or use any

16 device, part, kit, tool, accessory, or combination of

17 parts that is designed to and functions to increase the

18 rate of fire of a semiautomatic firearm above the standard

19 rate of fire for semiautomatic firearms that is not

20 equipped with that device, part, or combination of parts;

21 or

22 (15) Carries or possesses any assault weapon or .50

23 caliber rifle in violation of Section 24-1.9; or

24 (16) Manufactures, sells, delivers, imports, or

25 purchases any assault weapon or .50 caliber rifle in

26 violation of Section 24-1.9.

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

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

3 subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)

4 commits a Class A misdemeanor. A person convicted of a

5 violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a

6 Class 4 felony; a person convicted of a violation of

7 subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or

8 24-1(a)(16) commits a Class 3 felony. A person convicted of a

9 violation of subsection 24-1(a)(7)(i) commits a Class 2 felony

10 and shall be sentenced to a term of imprisonment of not less

11 than 3 years and not more than 7 years, unless the weapon is

12 possessed in the passenger compartment of a motor vehicle as

13 defined in Section 1-146 of the Illinois Vehicle Code, or on

14 the person, while the weapon is loaded, in which case it shall

15 be a Class X felony. A person convicted of a second or

16 subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),

17 24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3

18 felony. A person convicted of a violation of subsection

19 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The

20 possession of each weapon or device in violation of this

21 Section constitutes a single and separate violation.

22 (c) Violations in specific places.

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

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

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

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

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

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

3 real property comprising any school, regardless of the

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

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

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

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

8 comprising any public park, on the real property

9 comprising any courthouse, in any conveyance owned, leased

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

11 school or a school related activity, in any conveyance

12 owned, leased, or contracted by a public transportation

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

14 property comprising any school, public park, courthouse,

15 public transportation facility, or residential property

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

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

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

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

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

21 (1.5) A person who violates subsection 24-1(a)(4),

22 24-1(a)(9), or 24-1(a)(10) in any school, regardless of

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

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

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

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

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

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

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

4 public housing agency or leased by a public housing agency

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

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

7 real property comprising any courthouse, in any conveyance

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

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

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

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

12 feet of the real property comprising any school, public

13 park, courthouse, public transportation facility, or

14 residential property owned, operated, or managed by a

15 public housing agency or leased by a public housing agency

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

17 commits a Class 3 felony.

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

19 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

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

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

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

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

24 courthouse, on the real property comprising any school,

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

26 residential property owned, operated or managed by a

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1 public housing agency or leased by a public housing agency

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

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

4 real property comprising any courthouse, in any conveyance

5 owned, leased or contracted by a school to transport

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

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

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

9 feet of the real property comprising any school, public

10 park, courthouse, public transportation facility, or

11 residential property owned, operated, or managed by a

12 public housing agency or leased by a public housing agency

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

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

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

16 of this State for the conduct of official business.

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

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

19 security officers of such school, college, or university

20 or to students carrying or possessing firearms for use in

21 training courses, parades, hunting, target shooting on

22 school ranges, or otherwise with the consent of school

23 authorities and which firearms are transported unloaded

24 enclosed in a suitable case, box, or transportation

25 package.

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

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1 means any public or private elementary or secondary

2 school, community college, college, or university.

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

4 transportation agency" means a public or private agency

5 that provides for the transportation or conveyance of

6 persons by means available to the general public, except

7 for transportation by automobiles not used for conveyance

8 of the general public as passengers; and "public

9 transportation facility" means a terminal or other place

10 where one may obtain public transportation.

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

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

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

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

15 such automobile at the time such weapon, instrument or

16 substance is found, except under the following circumstances:

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

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

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

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

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

22 shall not apply to the driver.

23 (e) Exemptions.

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

25 Spearguns are exempted from the definition of ballistic

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

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1 this Section.

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

3 of this Section prohibiting the sale, manufacture,

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

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

6 opens automatically by hand pressure applied to a button,

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

8 apply to a person eligible under State and federal law to

9 possess a firearm ~~who possesses a currently valid Firearm~~

10 ~~Owner's Identification Card previously issued in his or~~

11 ~~her name by the Illinois State Police~~ or to a person or an

12 entity engaged in the business of selling or manufacturing

13 switchblade knives.

14 (Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23;

15 103-822, eff. 1-1-25.)

16 (720 ILCS 5/24-1.1) (from Ch. 38, par. 24-1.1)

17 Sec. 24-1.1. Unlawful possession of weapons by felons or

18 persons in the custody of the Department of Corrections

19 facilities.

20 (a) It is unlawful for a person to knowingly possess on or

21 about his person or on his land or in his own abode or fixed

22 place of business any weapon prohibited under Section 24-1 of

23 this Act or any firearm or any firearm ammunition if the person

24 has been convicted of a felony under the laws of this State or

25 any other jurisdiction. This Section shall not apply if the

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1 person has been granted relief under this subsection ~~by the~~

2 ~~Director of the Illinois State Police under Section 10 of the~~

3 ~~Firearm Owners Identification Card Act~~. A person prohibited

4 from possessing a firearm under this subsection (a) may

5 petition the Director of the Illinois State Police for a

6 hearing and relief from the prohibition, unless the

7 prohibition was based upon a forcible felony, stalking,

8 aggravated stalking, domestic battery, any violation of the

9 Illinois Controlled Substances Act, the Methamphetamine

10 Control and Community Protection Act, or the Cannabis Control

11 Act that is classified as a Class 2 or greater felony, any

12 felony violation of Article 24 of the Criminal Code of 1961 or

13 the Criminal Code of 2012, or any adjudication as a delinquent

14 minor for the commission of an offense that if committed by an

15 adult would be a felony, in which case the person may petition

16 the circuit court in writing in the county of his or her

17 residence for a hearing and relief from the prohibition. The

18 Director or court may grant the relief if it is established by

19 the petitioner to the court's or Director's satisfaction that:

20 (1) when in the circuit court, the State's Attorney

21 has been served with a written copy of the petition at

22 least 30 days before any hearing in the circuit court and

23 at the hearing the State's Attorney was afforded an

24 opportunity to present evidence and object to the

25 petition;

26 (2) the petitioner has not been convicted of a

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1 forcible felony under the laws of this State or any other

2 jurisdiction within 20 years of the filing of the

3 petition, or at least 20 years have passed since the end of

4 any period of imprisonment imposed in relation to that

5 conviction;

6 (3) the circumstances regarding a criminal conviction,

7 where applicable, the petitioner's criminal history and

8 his or her reputation are such that the petitioner will

9 not be likely to act in a manner dangerous to public

10 safety;

11 (4) granting relief would not be contrary to the

12 public interest; and

13 (5) granting relief would not be contrary to federal

14 law.

15 (b) It is unlawful for any person confined in a penal

16 institution, which is a facility of the Illinois Department of

17 Corrections, to possess any weapon prohibited under Section

18 24-1 of this Code or any firearm or firearm ammunition,

19 regardless of the intent with which he possesses it.

20 (c) It shall be an affirmative defense to a violation of

21 subsection (b), that such possession was specifically

22 authorized by rule, regulation, or directive of the Illinois

23 Department of Corrections or order issued pursuant thereto.

24 (d) The defense of necessity is not available to a person

25 who is charged with a violation of subsection (b) of this

26 Section.

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1 (e) Sentence. Violation of this Section by a person not

2 confined in a penal institution shall be a Class 3 felony for

3 which the person shall be sentenced to no less than 2 years and

4 no more than 10 years. A second or subsequent violation of this

5 Section shall be a Class 2 felony for which the person shall be

6 sentenced to a term of imprisonment of not less than 3 years

7 and not more than 14 years, except as provided for in Section

8 5-4.5-110 of the Unified Code of Corrections. Violation of

9 this Section by a person not confined in a penal institution

10 who has been convicted of a forcible felony, a felony

11 violation of Article 24 of this Code ~~or of the Firearm Owners~~

12 ~~Identification Card Act~~, stalking or aggravated stalking, or a

13 Class 2 or greater felony under the Illinois Controlled

14 Substances Act, the Cannabis Control Act, or the

15 Methamphetamine Control and Community Protection Act is a

16 Class 2 felony for which the person shall be sentenced to not

17 less than 3 years and not more than 14 years, except as

18 provided for in Section 5-4.5-110 of the Unified Code of

19 Corrections. Violation of this Section by a person who is on

20 parole or mandatory supervised release is a Class 2 felony for

21 which the person shall be sentenced to not less than 3 years

22 and not more than 14 years, except as provided for in Section

23 5-4.5-110 of the Unified Code of Corrections. Violation of

24 this Section by a person not confined in a penal institution is

25 a Class X felony when the firearm possessed is a machine gun.

26 Any person who violates this Section while confined in a penal

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1 institution, which is a facility of the Illinois Department of

2 Corrections, is guilty of a Class 1 felony, if he possesses any

3 weapon prohibited under Section 24-1 of this Code regardless

4 of the intent with which he possesses it, a Class X felony if

5 he possesses any firearm, firearm ammunition or explosive, and

6 a Class X felony for which the offender shall be sentenced to

7 not less than 12 years and not more than 50 years when the

8 firearm possessed is a machine gun. A violation of this

9 Section while wearing or in possession of body armor as

10 defined in Section 33F-1 is a Class X felony punishable by a

11 term of imprisonment of not less than 10 years and not more

12 than 40 years. The possession of each firearm or firearm

13 ammunition in violation of this Section constitutes a single

14 and separate violation.

15 (Source: P.A. 102-538, eff. 8-20-21; 103-822, eff. 1-1-25.)

16 (720 ILCS 5/24-1.6)

17 Sec. 24-1.6. Aggravated unlawful possession of a weapon.

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

19 possession of a weapon when he or she knowingly:

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

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

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

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

24 the legal dwelling of another person as an invitee with

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

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1 or taser or other firearm; or

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

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

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

5 incorporated town, except when an invitee thereon or

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

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

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

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

10 dwelling of another person as an invitee with that

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

12 taser or other firearm; and

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

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

15 handgun, possessed was uncased, loaded, and

16 immediately accessible at the time of the offense; or

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

18 was uncased, loaded, and immediately accessible at the

19 time of the offense and the person possessing the

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

21 currently valid license under the Firearm Concealed

22 Carry Act; or

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

24 handgun, possessed was uncased, unloaded, and the

25 ammunition for the weapon was immediately accessible

26 at the time of the offense; or

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

2 was uncased, unloaded, and the ammunition for the

3 weapon was immediately accessible at the time of the

4 offense and the person possessing the pistol,

5 revolver, or handgun has not been issued a currently

6 valid license under the Firearm Concealed Carry Act;

7 or

8 (C) (blank); or ~~the person possessing the firearm~~

9 ~~has not been issued a currently valid Firearm Owner's~~

10 ~~Identification Card; or~~

11 (D) the person possessing the weapon was

12 previously adjudicated a delinquent minor under the

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

14 by an adult would be a felony; or

15 (E) the person possessing the weapon was engaged

16 in a misdemeanor violation of the Cannabis Control

17 Act, in a misdemeanor violation of the Illinois

18 Controlled Substances Act, or in a misdemeanor

19 violation of the Methamphetamine Control and Community

20 Protection Act; or

21 (F) (blank); or

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

23 of protection issued against him or her within the

24 previous 2 years; or

25 (H) the person possessing the weapon was engaged

26 in the commission or attempted commission of a

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1 misdemeanor involving the use or threat of violence

2 against the person or property of another; or

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

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

5 person under 21 is engaged in lawful activities under

6 the Wildlife Code or described in subsection

7 24-2(b)(1), (b)(3), or 24-2(f).

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

9 given to it in Section 5 of the Firearm Concealed Carry 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 is eligible under State and federal law to possess a

19 firearm ~~who has been issued a currently valid Firearm~~

20 ~~Owner's Identification Card~~.

21 (d) Sentence.

22 (1) Aggravated unlawful possession of a weapon is a

23 Class 4 felony; a second or subsequent offense is a Class 2

24 felony for which the person shall be sentenced to a term of

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

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

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1 Unified Code of Corrections.

2 (2) (Blank). ~~Except as otherwise provided in~~

3 ~~paragraphs (3) and (4) of this subsection (d), a first~~

4 ~~offense of aggravated unlawful possession of a weapon~~

5 ~~committed with a firearm by a person 18 years of age or~~

6 ~~older where the factors listed in both items (A) and (C) or~~

7 ~~both items (A-5) and (C) of paragraph (3) of subsection~~

8 ~~(a) are present is a Class 4 felony, for which the person~~

9 ~~shall be sentenced to a term of imprisonment of not less~~

10 ~~than one year and not more than 3 years.~~

11 (3) Aggravated unlawful possession of a weapon by a

12 person who has been previously convicted of a felony in

13 this State or another jurisdiction is a Class 2 felony for

14 which the person shall be sentenced to a term of

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

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

17 Unified Code of Corrections.

18 (4) Aggravated unlawful possession of a weapon while

19 wearing or in possession of body armor as defined in

20 Section 33F-1 by a person who is prohibited under State or

21 federal law from possessing a firearm ~~has not been issued~~

22 ~~a valid Firearms Owner's Identification Card in accordance~~

23 ~~with Section 5 of the Firearm Owners Identification Card~~

24 ~~Act~~ is a Class X felony.

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

26 Section constitutes a single and separate violation.

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1 (Source: P.A. 103-822, eff. 1-1-25.)

2 (720 ILCS 5/24-1.8)

3 Sec. 24-1.8. Unlawful possession of a firearm by a street

4 gang member.

5 (a) A person commits unlawful possession of a firearm by a

6 street gang member when he or she knowingly:

7 (1) possesses, carries, or conceals on or about his or

8 her person a firearm and firearm ammunition while on any

9 street, road, alley, gangway, sidewalk, or any other

10 lands, except when inside his or her own abode or inside

11 his or her fixed place of business, ~~and has not been issued~~

12 ~~a currently valid Firearm Owner's Identification Card~~ and

13 is a member of a street gang; or

14 (2) possesses or carries in any vehicle a firearm and

15 firearm ammunition which are both immediately accessible

16 at the time of the offense while on any street, road,

17 alley, or any other lands, except when inside his or her

18 own abode or garage, ~~and has not been issued a currently~~

19 ~~valid Firearm Owner's Identification Card~~ and is a member

20 of a street gang.

21 (b) Unlawful possession of a firearm by a street gang

22 member is a Class 2 felony for which the person, if sentenced

23 to a term of imprisonment, shall be sentenced to no less than 3

24 years and no more than 10 years. A period of probation, a term

25 of periodic imprisonment or conditional discharge shall not be

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1 imposed for the offense of unlawful possession of a firearm by

2 a street gang member when the firearm was loaded or contained

3 firearm ammunition and the court shall sentence the offender

4 to not less than the minimum term of imprisonment authorized

5 for the Class 2 felony.

6 (c) For purposes of this Section:

7 "Street gang" or "gang" has the meaning ascribed to it

8 in Section 10 of the Illinois Streetgang Terrorism Omnibus

9 Prevention Act.

10 "Street gang member" or "gang member" has the meaning

11 ascribed to it in Section 10 of the Illinois Streetgang

12 Terrorism Omnibus Prevention Act.

13 (Source: P.A. 96-829, eff. 12-3-09.)

14 (720 ILCS 5/24-1.9)

15 Sec. 24-1.9. Manufacture, possession, delivery, sale, and

16 purchase of assault weapons, .50 caliber rifles, and .50

17 caliber cartridges.

18 (a) Definitions. In this Section:

19 (1) "Assault weapon" means any of the following, except as

20 provided in subdivision (2) of this subsection:

21 (A) A semiautomatic rifle that has the capacity to

22 accept a detachable magazine or that may be readily

23 modified to accept a detachable magazine, if the firearm

24 has one or more of the following:

25 (i) a pistol grip or thumbhole stock;

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1 (ii) any feature capable of functioning as a

2 protruding grip that can be held by the non-trigger

3 hand;

4 (iii) a folding, telescoping, thumbhole, or

5 detachable stock, or a stock that is otherwise

6 foldable or adjustable in a manner that operates to

7 reduce the length, size, or any other dimension, or

8 otherwise enhances the concealability of, the weapon;

9 (iv) a flash suppressor;

10 (v) a grenade launcher;

11 (vi) a shroud attached to the barrel or that

12 partially or completely encircles the barrel, allowing

13 the bearer to hold the firearm with the non-trigger

14 hand without being burned, but excluding a slide that

15 encloses the barrel.

16 (B) A semiautomatic rifle that has a fixed magazine

17 with the capacity to accept more than 10 rounds, except

18 for an attached tubular device designed to accept, and

19 capable of operating only with, .22 caliber rimfire

20 ammunition.

21 (C) A semiautomatic pistol that has the capacity to

22 accept a detachable magazine or that may be readily

23 modified to accept a detachable magazine, if the firearm

24 has one or more of the following:

25 (i) a threaded barrel;

26 (ii) a second pistol grip or another feature

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1 capable of functioning as a protruding grip that can

2 be held by the non-trigger hand;

3 (iii) a shroud attached to the barrel or that

4 partially or completely encircles the barrel, allowing

5 the bearer to hold the firearm with the non-trigger

6 hand without being burned, but excluding a slide that

7 encloses the barrel;

8 (iv) a flash suppressor;

9 (v) the capacity to accept a detachable magazine

10 at some location outside of the pistol grip; or

11 (vi) a buffer tube, arm brace, or other part that

12 protrudes horizontally behind the pistol grip and is

13 designed or redesigned to allow or facilitate a

14 firearm to be fired from the shoulder.

15 (D) A semiautomatic pistol that has a fixed magazine

16 with the capacity to accept more than 15 rounds.

17 (E) Any shotgun with a revolving cylinder.

18 (F) A semiautomatic shotgun that has one or more of

19 the following:

20 (i) a pistol grip or thumbhole stock;

21 (ii) any feature capable of functioning as a

22 protruding grip that can be held by the non-trigger

23 hand;

24 (iii) a folding or thumbhole stock;

25 (iv) a grenade launcher;

26 (v) a fixed magazine with the capacity of more

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1 than 5 rounds; or

2 (vi) the capacity to accept a detachable magazine.

3 (G) Any semiautomatic firearm that has the capacity to

4 accept a belt ammunition feeding device.

5 (H) Any firearm that has been modified to be operable

6 as an assault weapon as defined in this Section.

7 (I) Any part or combination of parts designed or

8 intended to convert a firearm into an assault weapon,

9 including any combination of parts from which an assault

10 weapon may be readily assembled if those parts are in the

11 possession or under the control of the same person.

12 (J) All of the following rifles, copies, duplicates,

13 variants, or altered facsimiles with the capability of any

14 such weapon:

15 (i) All AK types, including the following:

16 (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM,

17 MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms

18 AK-47, VEPR, WASR-10, and WUM.

19 (II) IZHMASH Saiga AK.

20 (III) MAADI AK47 and ARM.

21 (IV) Norinco 56S, 56S2, 84S, and 86S.

22 (V) Poly Technologies AK47 and AKS.

23 (VI) SKS with a detachable magazine.

24 (ii) all AR types, including the following:

25 (I) AR-10.

26 (II) AR-15.

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1 (III) Alexander Arms Overmatch Plus 16.

2 (IV) Armalite M15 22LR Carbine.

3 (V) Armalite M15-T.

4 (VI) Barrett REC7.

5 (VII) Beretta AR-70.

6 (VIII) Black Rain Ordnance Recon Scout.

7 (IX) Bushmaster ACR.

8 (X) Bushmaster Carbon 15.

9 (XI) Bushmaster MOE series.

10 (XII) Bushmaster XM15.

11 (XIII) Chiappa Firearms MFour rifles.

12 (XIV) Colt Match Target rifles.

13 (XV) CORE Rifle Systems CORE15 rifles.

14 (XVI) Daniel Defense M4A1 rifles.

15 (XVII) Devil Dog Arms 15 Series rifles.

16 (XVIII) Diamondback DB15 rifles.

17 (XIX) DoubleStar AR rifles.

18 (XX) DPMS Tactical rifles.

19 (XXI) DSA Inc. ZM-4 Carbine.

20 (XXII) Heckler & Koch MR556.

21 (XXIII) High Standard HSA-15 rifles.

22 (XXIV) Jesse James Nomad AR-15 rifle.

23 (XXV) Knight's Armament SR-15.

24 (XXVI) Lancer L15 rifles.

25 (XXVII) MGI Hydra Series rifles.

26 (XXVIII) Mossberg MMR Tactical rifles.

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1 (XXIX) Noreen Firearms BN 36 rifle.

2 (XXX) Olympic Arms.

3 (XXXI) POF USA P415.

4 (XXXII) Precision Firearms AR rifles.

5 (XXXIII) Remington R-15 rifles.

6 (XXXIV) Rhino Arms AR rifles.

7 (XXXV) Rock River Arms LAR-15 or Rock River

8 Arms LAR-47.

9 (XXXVI) Sig Sauer SIG516 rifles and MCX

10 rifles.

11 (XXXVII) Smith & Wesson M&P15 rifles.

12 (XXXVIII) Stag Arms AR rifles.

13 (XXXIX) Sturm, Ruger & Co. SR556 and AR-556

14 rifles.

15 (XL) Uselton Arms Air-Lite M-4 rifles.

16 (XLI) Windham Weaponry AR rifles.

17 (XLII) WMD Guns Big Beast.

18 (XLIII) Yankee Hill Machine Company, Inc.

19 YHM-15 rifles.

20 (iii) Barrett M107A1.

21 (iv) Barrett M82A1.

22 (v) Beretta CX4 Storm.

23 (vi) Calico Liberty Series.

24 (vii) CETME Sporter.

25 (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and

26 AR 110C.

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1 (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22

2 FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.

3 (x) Feather Industries AT-9.

4 (xi) Galil Model AR and Model ARM.

5 (xii) Hi-Point Carbine.

6 (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.

7 (xiv) IWI TAVOR, Galil ACE rifle.

8 (xv) Kel-Tec Sub-2000, SU-16, and RFB.

9 (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig

10 Sauer SG 551, and SIG MCX.

11 (xvii) Springfield Armory SAR-48.

12 (xviii) Steyr AUG.

13 (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle

14 M-14/20CF.

15 (xx) All Thompson rifles, including the following:

16 (I) Thompson M1SB.

17 (II) Thompson T1100D.

18 (III) Thompson T150D.

19 (IV) Thompson T1B.

20 (V) Thompson T1B100D.

21 (VI) Thompson T1B50D.

22 (VII) Thompson T1BSB.

23 (VIII) Thompson T1-C.

24 (IX) Thompson T1D.

25 (X) Thompson T1SB.

26 (XI) Thompson T5.

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1 (XII) Thompson T5100D.

2 (XIII) Thompson TM1.

3 (XIV) Thompson TM1C.

4 (xxi) UMAREX UZI rifle.

5 (xxii) UZI Mini Carbine, UZI Model A Carbine, and

6 UZI Model B Carbine.

7 (xxiii) Valmet M62S, M71S, and M78.

8 (xxiv) Vector Arms UZI Type.

9 (xxv) Weaver Arms Nighthawk.

10 (xxvi) Wilkinson Arms Linda Carbine.

11 (K) All of the following pistols, copies, duplicates,

12 variants, or altered facsimiles with the capability of any

13 such weapon thereof:

14 (i) All AK types, including the following:

15 (I) Centurion 39 AK pistol.

16 (II) CZ Scorpion pistol.

17 (III) Draco AK-47 pistol.

18 (IV) HCR AK-47 pistol.

19 (V) IO Inc. Hellpup AK-47 pistol.

20 (VI) Krinkov pistol.

21 (VII) Mini Draco AK-47 pistol.

22 (VIII) PAP M92 pistol.

23 (IX) Yugo Krebs Krink pistol.

24 (ii) All AR types, including the following:

25 (I) American Spirit AR-15 pistol.

26 (II) Bushmaster Carbon 15 pistol.

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1 (III) Chiappa Firearms M4 Pistol GEN II.

2 (IV) CORE Rifle Systems CORE15 Roscoe pistol.

3 (V) Daniel Defense MK18 pistol.

4 (VI) DoubleStar Corporation AR pistol.

5 (VII) DPMS AR-15 pistol.

6 (VIII) Jesse James Nomad AR-15 pistol.

7 (IX) Olympic Arms AR-15 pistol.

8 (X) Osprey Armament MK-18 pistol.

9 (XI) POF USA AR pistols.

10 (XII) Rock River Arms LAR 15 pistol.

11 (XIII) Uselton Arms Air-Lite M-4 pistol.

12 (iii) Calico pistols.

13 (iv) DSA SA58 PKP FAL pistol.

14 (v) Encom MP-9 and MP-45.

15 (vi) Heckler & Koch model SP-89 pistol.

16 (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and

17 TEC-DC9.

18 (viii) IWI Galil Ace pistol, UZI PRO pistol.

19 (ix) Kel-Tec PLR 16 pistol.

20 (x) All MAC types, including the following:

21 (I) MAC-10.

22 (II) MAC-11.

23 (III) Masterpiece Arms MPA A930 Mini Pistol,

24 MPA460 Pistol, MPA Tactical Pistol, and MPA Mini

25 Tactical Pistol.

26 (IV) Military Armament Corp. Ingram M-11.

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1 (V) Velocity Arms VMAC.

2 (xi) Sig Sauer P556 pistol.

3 (xii) Sites Spectre.

4 (xiii) All Thompson types, including the

5 following:

6 (I) Thompson TA510D.

7 (II) Thompson TA5.

8 (xiv) All UZI types, including Micro-UZI.

9 (L) All of the following shotguns, copies, duplicates,

10 variants, or altered facsimiles with the capability of any

11 such weapon thereof:

12 (i) DERYA Anakon MC-1980, Anakon SD12.

13 (ii) Doruk Lethal shotguns.

14 (iii) Franchi LAW-12 and SPAS 12.

15 (iv) All IZHMASH Saiga 12 types, including the

16 following:

17 (I) IZHMASH Saiga 12.

18 (II) IZHMASH Saiga 12S.

19 (III) IZHMASH Saiga 12S EXP-01.

20 (IV) IZHMASH Saiga 12K.

21 (V) IZHMASH Saiga 12K-030.

22 (VI) IZHMASH Saiga 12K-040 Taktika.

23 (v) Streetsweeper.

24 (vi) Striker 12.

25 (2) "Assault weapon" does not include:

26 (A) Any firearm that is an unserviceable firearm or

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1 has been made permanently inoperable.

2 (B) An antique firearm or a replica of an antique

3 firearm.

4 (C) A firearm that is manually operated by bolt, pump,

5 lever or slide action, unless the firearm is a shotgun

6 with a revolving cylinder.

7 (D) Any air rifle as defined in Section 24.8-0.1 of

8 this Code.

9 (E) Any handgun, as defined under the Firearm

10 Concealed Carry Act, unless otherwise listed in this

11 Section.

12 (3) "Assault weapon attachment" means any device capable

13 of being attached to a firearm that is specifically designed

14 for making or converting a firearm into any of the firearms

15 listed in paragraph (1) of this subsection (a).

16 (4) "Antique firearm" has the meaning ascribed to it in 18

17 U.S.C. 921(a)(16).

18 (5) ".50 caliber rifle" means a centerfire rifle capable

19 of firing a .50 caliber cartridge. The term does not include

20 any antique firearm, any shotgun including a shotgun that has

21 a rifle barrel, or any muzzle-loader which uses black powder

22 for hunting or historical reenactments.

23 (6) ".50 caliber cartridge" means a cartridge in .50 BMG

24 caliber, either by designation or actual measurement, that is

25 capable of being fired from a centerfire rifle. The term ".50

26 caliber cartridge" does not include any memorabilia or display

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1 item that is filled with a permanent inert substance or that is

2 otherwise permanently altered in a manner that prevents ready

3 modification for use as live ammunition or shotgun ammunition

4 with a caliber measurement that is equal to or greater than .50

5 caliber.

6 (7) "Detachable magazine" means an ammunition feeding

7 device that may be removed from a firearm without disassembly

8 of the firearm action, including an ammunition feeding device

9 that may be readily removed from a firearm with the use of a

10 bullet, cartridge, accessory, or other tool, or any other

11 object that functions as a tool, including a bullet or

12 cartridge.

13 (8) "Fixed magazine" means an ammunition feeding device

14 that is permanently attached to a firearm, or contained in and

15 not removable from a firearm, or that is otherwise not a

16 detachable magazine, but does not include an attached tubular

17 device designed to accept, and capable of operating only with,

18 .22 caliber rimfire ammunition.

19 (b) Except as provided in subsections (c), (d), and (e),

20 on or after January 10, 2023 (the effective date of Public Act

21 102-1116), it is unlawful for any person within this State to

22 knowingly manufacture, deliver, sell, import, or purchase or

23 cause to be manufactured, delivered, sold, imported, or

24 purchased by another, an assault weapon, assault weapon

25 attachment, .50 caliber rifle, or .50 caliber cartridge.

26 (c) Except as otherwise provided in subsection (d),

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1 beginning January 1, 2024, it is unlawful for any person

2 within this State to knowingly possess an assault weapon,

3 assault weapon attachment, .50 caliber rifle, or .50 caliber

4 cartridge.

5 (d) This Section does not apply to a person's possession

6 of an assault weapon, assault weapon attachment, .50 caliber

7 rifle, or .50 caliber cartridge device if the person lawfully

8 possessed that assault weapon, assault weapon attachment, .50

9 caliber rifle, or .50 caliber cartridge prohibited by

10 subsection (c) of this Section, if the person has provided in

11 an endorsement affidavit, prior to January 1, 2024, under oath

12 or affirmation and in the form and manner prescribed by the

13 Illinois State Police, no later than October 1, 2023:

14 (1) the affiant's Firearm Owner's Identification Card

15 number;

16 (2) an affirmation that the affiant: (i) possessed an

17 assault weapon, assault weapon attachment, .50 caliber

18 rifle, or .50 caliber cartridge before January 10, 2023

19 (the effective date of Public Act 102-1116); or (ii)

20 inherited the assault weapon, assault weapon attachment,

21 .50 caliber rifle, or .50 caliber cartridge from a person

22 with an endorsement under this Section or from a person

23 authorized under subdivisions (1) through (5) of

24 subsection (e) to possess the assault weapon, assault

25 weapon attachment, .50 caliber rifle, or .50 caliber

26 cartridge; and

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1 (3) the make, model, caliber, and serial number of the

2 .50 caliber rifle or assault weapon or assault weapons

3 listed in paragraphs (J), (K), and (L) of subdivision (1)

4 of subsection (a) of this Section possessed by the affiant

5 prior to January 10, 2023 (the effective date of Public

6 Act 102-1116) and any assault weapons identified and

7 published by the Illinois State Police pursuant to this

8 subdivision (3). No later than October 1, 2023, and every

9 October 1 thereafter, the Illinois State Police shall, via

10 rulemaking, identify, publish, and make available on its

11 website, the list of assault weapons subject to an

12 endorsement affidavit under this subsection (d). The list

13 shall identify, but is not limited to, the copies,

14 duplicates, variants, and altered facsimiles of the

15 assault weapons identified in paragraphs (J), (K), and (L)

16 of subdivision (1) of subsection (a) of this Section and

17 shall be consistent with the definition of "assault

18 weapon" identified in this Section. The Illinois State

19 Police may adopt emergency rulemaking in accordance with

20 Section 5-45 of the Illinois Administrative Procedure Act.

21 The adoption of emergency rules authorized by Section 5-45

22 of the Illinois Administrative Procedure Act and this

23 paragraph is deemed to be necessary for the public

24 interest, safety, and welfare.

25 The affidavit form shall include the following statement

26 printed in bold type: "Warning: Entering false information on

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1 this form is punishable as perjury under Section 32-2 of the

2 Criminal Code of 2012. ~~Entering false information on this form~~

3 ~~is a violation of the Firearm Owners Identification Card Act.~~"

4 In any administrative, civil, or criminal proceeding in

5 this State, a completed endorsement affidavit submitted to the

6 Illinois State Police by a person under this Section creates a

7 rebuttable presumption that the person is entitled to possess

8 and transport the assault weapon, assault weapon attachment,

9 .50 caliber rifle, or .50 caliber cartridge.

10 Beginning 90 days after January 10, 2023 (the effective

11 date of Public Act 102-1116), a person authorized under this

12 Section to possess an assault weapon, assault weapon

13 attachment, .50 caliber rifle, or .50 caliber cartridge shall

14 possess such items only:

15 (1) on private property owned or immediately

16 controlled by the person;

17 (2) on private property that is not open to the public

18 with the express permission of the person who owns or

19 immediately controls such property;

20 (3) while on the premises of a licensed firearms

21 dealer or gunsmith for the purpose of lawful repair;

22 (4) while engaged in the legal use of the assault

23 weapon, assault weapon attachment, .50 caliber rifle, or

24 .50 caliber cartridge at a properly licensed firing range

25 or sport shooting competition venue; or

26 (5) while traveling to or from these locations,

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1 provided that the assault weapon, assault weapon

2 attachment, or .50 caliber rifle is unloaded and the

3 assault weapon, assault weapon attachment, .50 caliber

4 rifle, or .50 caliber cartridge is enclosed in a case,

5 firearm carrying box, shipping box, or other container.

6 Beginning on January 1, 2024, the person with the

7 endorsement for an assault weapon, assault weapon attachment,

8 .50 caliber rifle, or .50 caliber cartridge or a person

9 authorized under subdivisions (1) through (5) of subsection

10 (e) to possess an assault weapon, assault weapon attachment,

11 .50 caliber rifle, or .50 caliber cartridge may transfer the

12 assault weapon, assault weapon attachment, .50 caliber rifle,

13 or .50 caliber cartridge only to an heir, an individual

14 residing in another state maintaining it in another state, or

15 a dealer licensed as a federal firearms dealer under Section

16 923 of the federal Gun Control Act of 1968. Within 10 days

17 after transfer of the weapon except to an heir, the person

18 shall notify the Illinois State Police of the name and address

19 of the transferee ~~and comply with the requirements of~~

20 ~~subsection (b) of Section 3 of the Firearm Owners~~

21 ~~Identification Card Act~~. The person to whom the weapon or

22 ammunition is transferred shall, within 60 days of the

23 transfer, complete an affidavit required under this Section. A

24 person to whom the weapon is transferred may transfer it only

25 as provided in this subsection.

26 Except as provided in subsection (e) and beginning on

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1 January 1, 2024, any person who moves into this State in

2 possession of an assault weapon, assault weapon attachment,

3 .50 caliber rifle, or .50 caliber cartridge shall, within 60

4 days, ~~apply for a Firearm Owners Identification Card and~~

5 complete an endorsement application as outlined in subsection

6 (d).

7 Notwithstanding any other law, information contained in

8 the endorsement affidavit shall be confidential, is exempt

9 from disclosure under the Freedom of Information Act, and

10 shall not be disclosed, except to law enforcement agencies

11 acting in the performance of their duties.

12 (e) The provisions of this Section regarding the purchase

13 or possession of assault weapons, assault weapon attachments,

14 .50 caliber rifles, and .50 cartridges, as well as the

15 provisions of this Section that prohibit causing those items

16 to be purchased or possessed, do not apply to:

17 (1) Peace officers, as defined in Section 2-13 of this

18 Code.

19 (2) Qualified law enforcement officers and qualified

20 retired law enforcement officers as defined in the Law

21 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B

22 and 926C) and as recognized under Illinois law.

23 (3) Acquisition and possession by a federal, State, or

24 local law enforcement agency for the purpose of equipping

25 the agency's peace officers as defined in paragraph (1) or

26 (2) of this subsection (e).

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1 (4) Wardens, superintendents, and keepers of prisons,

2 penitentiaries, jails, and other institutions for the

3 detention of persons accused or convicted of an offense.

4 (5) Members of the Armed Services or Reserve Forces of

5 the United States or the Illinois National Guard, while

6 performing their official duties or while traveling to or

7 from their places of duty.

8 (6) Any company that employs armed security officers

9 in this State at a nuclear energy, storage, weapons, or

10 development site or facility regulated by the federal

11 Nuclear Regulatory Commission and any person employed as

12 an armed security force member at a nuclear energy,

13 storage, weapons, or development site or facility

14 regulated by the federal Nuclear Regulatory Commission who

15 has completed the background screening and training

16 mandated by the rules and regulations of the federal

17 Nuclear Regulatory Commission and while performing

18 official duties.

19 (7) Any private security contractor agency licensed

20 under the Private Detective, Private Alarm, Private

21 Security, Fingerprint Vendor, and Locksmith Act of 2004

22 that employs private security contractors and any private

23 security contractor who is licensed and has been issued a

24 firearm control card under the Private Detective, Private

25 Alarm, Private Security, Fingerprint Vendor, and Locksmith

26 Act of 2004 while performing official duties.

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1 The provisions of this Section do not apply to the

2 manufacture, delivery, sale, import, purchase, or possession

3 of an assault weapon, assault weapon attachment, .50 caliber

4 rifle, or .50 caliber cartridge or causing the manufacture,

5 delivery, sale, importation, purchase, or possession of those

6 items:

7 (A) for sale or transfer to persons authorized under

8 subdivisions (1) through (7) of this subsection (e) to

9 possess those items;

10 (B) for sale or transfer to the United States or any

11 department or agency thereof; or

12 (C) for sale or transfer in another state or for

13 export.

14 This Section does not apply to or affect any of the

15 following:

16 (i) Possession of any firearm if that firearm is

17 sanctioned by the International Olympic Committee and by

18 USA Shooting, the national governing body for

19 international shooting competition in the United States,

20 but only when the firearm is in the actual possession of an

21 Olympic target shooting competitor or target shooting

22 coach for the purpose of storage, transporting to and from

23 Olympic target shooting practice or events if the firearm

24 is broken down in a nonfunctioning state, is not

25 immediately accessible, or is unloaded and enclosed in a

26 firearm case, carrying box, shipping box, or other similar

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1 portable container designed for the safe transportation of

2 firearms, and when the Olympic target shooting competitor

3 or target shooting coach is engaging in those practices or

4 events. For the purposes of this paragraph (8), "firearm"

5 has the meaning provided in Section 2-7.5 ~~1.1 of the~~

6 ~~Firearm Owners Identification Card Act~~.

7 (ii) Any nonresident who transports, within 24 hours,

8 a weapon for any lawful purpose from any place where the

9 nonresident may lawfully possess and carry that weapon to

10 any other place where the nonresident may lawfully possess

11 and carry that weapon if, during the transportation, the

12 weapon is unloaded, and neither the weapon nor any

13 ammunition being transported is readily accessible or is

14 directly accessible from the passenger compartment of the

15 transporting vehicle. In the case of a vehicle without a

16 compartment separate from the driver's compartment, the

17 weapon or ammunition shall be contained in a locked

18 container other than the glove compartment or console.

19 (iii) Possession of a weapon at an event taking place

20 at the World Shooting and Recreational Complex at Sparta,

21 only while engaged in the legal use of the weapon, or while

22 traveling to or from that location if the weapon is broken

23 down in a nonfunctioning state, is not immediately

24 accessible, or is unloaded and enclosed in a firearm case,

25 carrying box, shipping box, or other similar portable

26 container designed for the safe transportation of

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1 firearms.

2 (iv) Possession of a weapon only for hunting use

3 expressly permitted under the Wildlife Code, or while

4 traveling to or from a location authorized for this

5 hunting use under the Wildlife Code if the weapon is

6 broken down in a nonfunctioning state, is not immediately

7 accessible, or is unloaded and enclosed in a firearm case,

8 carrying box, shipping box, or other similar portable

9 container designed for the safe transportation of

10 firearms. By October 1, 2023, the Illinois State Police,

11 in consultation with the Department of Natural Resources,

12 shall adopt rules concerning the list of applicable

13 weapons approved under this subparagraph (iv). The

14 Illinois State Police may adopt emergency rules in

15 accordance with Section 5-45 of the Illinois

16 Administrative Procedure Act. The adoption of emergency

17 rules authorized by Section 5-45 of the Illinois

18 Administrative Procedure Act and this paragraph is deemed

19 to be necessary for the public interest, safety, and

20 welfare.

21 (v) The manufacture, transportation, possession, sale,

22 or rental of blank-firing assault weapons and .50 caliber

23 rifles, or the weapon's respective attachments, to persons

24 authorized or permitted, or both authorized and permitted,

25 to acquire and possess these weapons or attachments for

26 the purpose of rental for use solely as props for a motion

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1 picture, television, or video production or entertainment

2 event.

3 Any person not subject to this Section may submit an

4 endorsement affidavit if the person chooses.

5 (f) Any sale or transfer with a background check initiated

6 to the Illinois State Police on or before January 10, 2023 (the

7 effective date of Public Act 102-1116) is allowed to be

8 completed after January 10, 2023 once an approval is issued by

9 the Illinois State Police and any applicable waiting period

10 under Section 24-3 has expired.

11 (g) The Illinois State Police shall take all steps

12 necessary to carry out the requirements of this Section by

13 October 1, 2023.

14 (h) The Illinois State Police shall also develop and

15 implement a public notice and public outreach campaign to

16 promote awareness about the provisions of Public Act 102-1116

17 and to increase compliance with this Section.

18 (Source: P.A. 102-1116, eff. 1-10-23; 103-605, eff. 7-1-24.)

19 (720 ILCS 5/24-1.10)

20 Sec. 24-1.10. Manufacture, delivery, sale, and possession

21 of large capacity ammunition feeding devices.

22 (a) In this Section:

23 "Handgun" has the meaning ascribed to it in the Firearm

24 Concealed Carry Act.

25 "Long gun" means a rifle or shotgun.

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1 "Large capacity ammunition feeding device" means:

2 (1) a magazine, belt, drum, feed strip, or similar

3 device that has a capacity of, or that can be readily

4 restored or converted to accept, more than 10 rounds of

5 ammunition for long guns and more than 15 rounds of

6 ammunition for handguns; or

7 (2) any combination of parts from which a device

8 described in paragraph (1) can be assembled.

9 "Large capacity ammunition feeding device" does not

10 include an attached tubular device designed to accept, and

11 capable of operating only with, .22 caliber rimfire

12 ammunition. "Large capacity ammunition feeding device" does

13 not include a tubular magazine that is contained in a

14 lever-action firearm or any device that has been made

15 permanently inoperable.

16 (b) Except as provided in subsections (e) and (f), it is

17 unlawful for any person within this State to knowingly

18 manufacture, deliver, sell, purchase, or cause to be

19 manufactured, delivered, sold, or purchased a large capacity

20 ammunition feeding device.

21 (c) Except as provided in subsections (d), (e), and (f),

22 and beginning 90 days after January 10, 2023 (the effective

23 date of Public Act 102-1116), it is unlawful to knowingly

24 possess a large capacity ammunition feeding device.

25 (d) Subsection (c) does not apply to a person's possession

26 of a large capacity ammunition feeding device if the person

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1 lawfully possessed that large capacity ammunition feeding

2 device before January 10, 2023 (the effective date of Public

3 Act 102-1116), provided that the person shall possess such

4 device only:

5 (1) on private property owned or immediately

6 controlled by the person;

7 (2) on private property that is not open to the public

8 with the express permission of the person who owns or

9 immediately controls such property;

10 (3) while on the premises of a licensed firearms

11 dealer or gunsmith for the purpose of lawful repair;

12 (4) while engaged in the legal use of the large

13 capacity ammunition feeding device at a properly licensed

14 firing range or sport shooting competition venue; or

15 (5) while traveling to or from these locations,

16 provided that the large capacity ammunition feeding device

17 is stored unloaded and enclosed in a case, firearm

18 carrying box, shipping box, or other container.

19 A person authorized under this Section to possess a large

20 capacity ammunition feeding device may transfer the large

21 capacity ammunition feeding device only to an heir, an

22 individual residing in another state maintaining it in another

23 state, or a dealer licensed as a federal firearms dealer under

24 Section 923 of the federal Gun Control Act of 1968. Within 10

25 days after transfer of the large capacity ammunition feeding

26 device except to an heir, the person shall notify the Illinois

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1 State Police of the name and address of the transferee ~~and~~

2 ~~comply with the requirements of subsection (b) of Section 3 of~~

3 ~~the Firearm Owners Identification Card Act~~. The person to whom

4 the large capacity ammunition feeding device is transferred

5 shall, within 60 days of the transfer, notify the Illinois

6 State Police of the person's acquisition ~~and comply with the~~

7 ~~requirements of subsection (b) of Section 3 of the Firearm~~

8 ~~Owners Identification Card Act~~. A person to whom the large

9 capacity ammunition feeding device is transferred may transfer

10 it only as provided in this subsection.

11 ~~Except as provided in subsections (e) and (f) and~~

12 ~~beginning 90 days after January 10, 2023 (the effective date~~

13 ~~of Public Act 102-1116), any person who moves into this State~~

14 ~~in possession of a large capacity ammunition feeding device~~

15 ~~shall, within 60 days, apply for a Firearm Owners~~

16 ~~Identification Card.~~

17 (e) The provisions of this Section regarding the purchase

18 or possession of large capacity ammunition feeding devices, as

19 well as the provisions of this Section that prohibit causing

20 those items to be purchased or possessed, do not apply to:

21 (1) Peace officers as defined in Section 2-13 of this

22 Code.

23 (2) Qualified law enforcement officers and qualified

24 retired law enforcement officers as defined in the Law

25 Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B

26 and 926C) and as recognized under Illinois law.

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1 (3) A federal, State, or local law enforcement agency

2 for the purpose of equipping the agency's peace officers

3 as defined in paragraph (1) or (2) of this subsection (e).

4 (4) Wardens, superintendents, and keepers of prisons,

5 penitentiaries, jails, and other institutions for the

6 detention of persons accused or convicted of an offense.

7 (5) Members of the Armed Services or Reserve Forces of

8 the United States or the Illinois National Guard, while

9 performing their official duties or while traveling to or

10 from their places of duty.

11 (6) Any company that employs armed security officers

12 in this State at a nuclear energy, storage, weapons, or

13 development site or facility regulated by the federal

14 Nuclear Regulatory Commission and any person employed as

15 an armed security force member at a nuclear energy,

16 storage, weapons, or development site or facility

17 regulated by the federal Nuclear Regulatory Commission who

18 has completed the background screening and training

19 mandated by the rules and regulations of the federal

20 Nuclear Regulatory Commission and while performing

21 official duties.

22 (7) Any private security contractor agency licensed

23 under the Private Detective, Private Alarm, Private

24 Security, Fingerprint Vendor, and Locksmith Act of 2004

25 that employs private security contractors and any private

26 security contractor who is licensed and has been issued a

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1 firearm control card under the Private Detective, Private

2 Alarm, Private Security, Fingerprint Vendor, and Locksmith

3 Act of 2004 while performing official duties.

4 (f) This Section does not apply to or affect any of the

5 following:

6 (1) Manufacture, delivery, sale, importation,

7 purchase, or possession or causing to be manufactured,

8 delivered, sold, imported, purchased, or possessed a large

9 capacity ammunition feeding device:

10 (A) for sale or transfer to persons authorized

11 under subdivisions (1) through (7) of subsection (e)

12 to possess those items;

13 (B) for sale or transfer to the United States or

14 any department or agency thereof; or

15 (C) for sale or transfer in another state or for

16 export.

17 (2) Sale or rental of large capacity ammunition

18 feeding devices for blank-firing assault weapons and .50

19 caliber rifles, to persons authorized or permitted, or

20 both authorized and permitted, to acquire these devices

21 for the purpose of rental for use solely as props for a

22 motion picture, television, or video production or

23 entertainment event.

24 (g) Sentence. A person who knowingly manufactures,

25 delivers, sells, purchases, possesses, or causes to be

26 manufactured, delivered, sold, possessed, or purchased in

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1 violation of this Section a large capacity ammunition feeding

2 device capable of holding more than 10 rounds of ammunition

3 for long guns or more than 15 rounds of ammunition for handguns

4 commits a petty offense with a fine of $1,000 for each

5 violation.

6 (h) The Illinois State Police shall also develop and

7 implement a public notice and public outreach campaign to

8 promote awareness about the provisions of Public Act 102-1116

9 and to increase compliance with this Section.

10 (Source: P.A. 102-1116, eff. 1-10-23; 103-605, eff. 7-1-24.)

11 (720 ILCS 5/24-2)

12 Sec. 24-2. Exemptions.

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

14 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

15 the following:

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

17 officer to assist in making arrests or preserving the

18 peace, while actually engaged in assisting such officer.

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

20 penitentiaries, jails, and other institutions for the

21 detention of persons accused or convicted of an offense,

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

23 commuting between their homes and places of employment.

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

25 the United States or the Illinois National Guard or the

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1 Reserve Officers Training Corps, while in the performance

2 of their official duty.

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

4 utility to perform police functions, and guards of armored

5 car companies, while actually engaged in the performance

6 of the duties of their employment or commuting between

7 their homes and places of employment; and watchmen while

8 actually engaged in the performance of the duties of their

9 employment.

10 (5) Persons licensed as private security contractors,

11 private detectives, or private alarm contractors, or

12 employed by a private security contractor, private

13 detective, or private alarm contractor agency licensed by

14 the Department of Financial and Professional Regulation,

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

16 provisions of the Private Detective, Private Alarm,

17 Private Security, Fingerprint Vendor, and Locksmith Act of

18 2004, while actually engaged in the performance of the

19 duties of their employment or commuting between their

20 homes and places of employment. A person shall be

21 considered eligible for this exemption if he or she has

22 completed the required 20 hours of training for a private

23 security contractor, private detective, or private alarm

24 contractor, or employee of a licensed private security

25 contractor, private detective, or private alarm contractor

26 agency and 28 hours of required firearm training, and has

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1 been issued a firearm control card by the Department of

2 Financial and Professional Regulation. Conditions for the

3 renewal of firearm control cards issued under the

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

5 cards 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 private security contractor,

9 private detective, or private alarm contractor, or

10 employee of the licensed private security contractor,

11 private detective, or private alarm contractor agency at

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

13 weapon permitted by his or her firearm control card.

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

15 industrial operation as a security guard for the

16 protection of persons employed and private property

17 related to such commercial or industrial operation, while

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

19 traveling between sites or properties belonging to the

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

21 security force registered with the Department of Financial

22 and Professional Regulation; provided that such security

23 guard has successfully completed a course of study,

24 approved by and supervised by the Department of Financial

25 and Professional Regulation, consisting of not less than

26 48 hours of training that includes the theory of law

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1 enforcement, liability for acts, and the handling of

2 weapons. A person shall be considered eligible for this

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

4 of training for a security officer and 28 hours of

5 required firearm training, and has been issued a firearm

6 control card by the Department of Financial and

7 Professional Regulation. Conditions for the renewal of

8 firearm control cards issued under the provisions of this

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

10 the provisions of the Private Detective, Private Alarm,

11 Private Security, Fingerprint Vendor, and Locksmith Act of

12 2004. The firearm control card shall be carried by the

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

14 of a concealable weapon permitted by his or her firearm

15 control card.

16 (7) Agents and investigators of the Illinois

17 Legislative Investigating Commission authorized by the

18 Commission to carry the weapons specified in subsections

19 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

20 any investigation for the Commission.

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

22 security guard for the protection of other employees and

23 property related to such financial institution, while

24 actually engaged in the performance of their duties,

25 commuting between their homes and places of employment, or

26 traveling between sites or properties owned or operated by

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

2 is a member of a security force registered with the

3 Department; provided that any person so employed has

4 successfully completed a course of study, approved by and

5 supervised by the Department of Financial and Professional

6 Regulation, consisting of not less than 48 hours of

7 training which includes theory of law enforcement,

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

9 shall be considered to be eligible for this exemption if

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

11 for a security officer and 28 hours of required firearm

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

13 the Department of Financial and Professional Regulation.

14 Conditions for renewal of firearm control cards issued

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

16 for those issued under the provisions of the Private

17 Detective, Private Alarm, Private Security, Fingerprint

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

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

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

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

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

23 savings and loan association, credit union, or company

24 providing armored car services.

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

26 drive an armored car, while actually engaged in the

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1 performance of his duties.

2 (10) Persons who have been classified as peace

3 officers pursuant to the Peace Officer Fire Investigation

4 Act.

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

6 Attorneys Appellate Prosecutor authorized by the board of

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

8 Prosecutor to carry weapons pursuant to Section 7.06 of

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

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

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

12 (12.5) Probation officers while in the performance of

13 their duties, or while commuting between their homes,

14 places of employment or specific locations that are part

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

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

17 have received weapons training according to requirements

18 of the Peace Officer and Probation Officer Firearm

19 Training Act.

20 (13) Court security officers ~~Security Officers~~ while

21 in the performance of their official duties, or while

22 commuting between their homes and places of employment,

23 with the consent of the sheriff ~~Sheriff~~.

24 (13.5) A person employed as an armed security guard at

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

26 facility regulated by the Nuclear Regulatory Commission

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1 who has completed the background screening and training

2 mandated by the rules and regulations of the Nuclear

3 Regulatory Commission.

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

5 to persons authorized under subdivisions (1) through

6 (13.5) of this subsection to possess those weapons.

7 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

8 to or affect any person carrying a concealed pistol, revolver,

9 or handgun and the person has been issued a currently valid

10 license under the Firearm Concealed Carry Act at the time of

11 the commission of the offense.

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

13 to or affect a qualified current or retired law enforcement

14 officer or a current or retired deputy, county correctional

15 officer, or correctional officer of the Department of

16 Corrections qualified under the laws of this State or under

17 the federal Law Enforcement Officers Safety Act.

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

19 24-1.6 do not apply to or affect any of the following:

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

21 the purpose of practicing shooting at targets upon

22 established target ranges, whether public or private, and

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

24 using their firearms on those target ranges.

25 (2) Duly authorized military or civil organizations

26 while parading, with the special permission of the

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1 Governor.

2 (3) Hunters, trappers, or fishermen while engaged in

3 lawful hunting, trapping, or fishing under the provisions

4 of the Wildlife Code or the Fish and Aquatic Life Code.

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

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

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

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

9 dwelling of another person as an invitee with that

10 person's permission.

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

12 of the following:

13 (1) Peace officers while in performance of their

14 official duties.

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

16 penitentiaries, jails, and other institutions for the

17 detention of persons accused or convicted of an offense.

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

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

20 the performance of their official duty.

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

22 guns to persons authorized under subdivisions (1) through

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

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

25 are not immediately accessible.

26 (5) Persons licensed under federal law to manufacture

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

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

3 ammunition for such weapons, and actually engaged in the

4 business of manufacturing such weapons or ammunition, but

5 only with respect to activities which are within the

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

7 transportation, or testing of such weapons or ammunition.

8 This exemption does not authorize the general private

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

10 bullets can be discharged by a single function of the

11 firing device, but only such possession and activities as

12 are within the lawful scope of a licensed manufacturing

13 business described in this paragraph.

14 During transportation, such weapons shall be broken

15 down in a non-functioning state or not immediately

16 accessible.

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

18 transfer, or sale, and all lawful commercial or

19 experimental activities necessary thereto, of rifles,

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

21 ammunition for such rifles, shotguns, or weapons, where

22 engaged in by a person operating as a contractor or

23 subcontractor pursuant to a contract or subcontract for

24 the development and supply of such rifles, shotguns,

25 weapons, or ammunition to the United States government or

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

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1 such activities are necessary and incident to fulfilling

2 the terms of such contract.

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

4 shall also apply to any authorized agent of any such

5 contractor or subcontractor who is operating within the

6 scope of his employment, where such activities involving

7 such weapon, weapons, or ammunition are necessary and

8 incident to fulfilling the terms of such contract.

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

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

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

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

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

14 nationally recognized military re-enacting group and the

15 modification is required and necessary to accurately

16 portray the weapon for historical re-enactment purposes;

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

18 re-enacting group membership credential; and the overall

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

20 inches.

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

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

23 peace officer.

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

25 manager, or authorized employee of any place specified in that

26 subsection nor to any law enforcement officer.

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

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

3 organization organized for the purpose of practicing shooting

4 at targets upon established target ranges, whether public or

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

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

7 to:

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

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

10 the performance of their official duty.

11 (2) Bonafide collectors of antique or surplus military

12 ordnance.

13 (3) Laboratories having a department of forensic

14 ballistics~~,~~ or specializing in the development of

15 ammunition or explosive ordnance.

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

17 explosive bullets by manufacturers of ammunition licensed

18 by the federal government, in connection with the supply

19 of those organizations and persons exempted by subdivision

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

21 outside this State, or the transportation of explosive

22 bullets to any organization or person exempted in this

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

24 by an exempted manufacturer.

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

26 persons licensed under federal law to manufacture any device

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

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

3 ammunition for those firearms equipped with those devices, and

4 actually engaged in the business of manufacturing those

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

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

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

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

9 authorize the general private possession of any device or

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

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

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

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

14 During transportation, these devices shall be detached from

15 any weapon or not immediately accessible.

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

17 24-1.6 do not apply to or affect any parole agent or parole

18 supervisor who meets the qualifications and conditions

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

20 Corrections.

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

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

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

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

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

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

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1 maintained by lawfully recognized units of government whose

2 duties include the investigation of criminal acts.

3 (g-10) (Blank).

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

5 any subsection of this Article need not negate ~~negative~~ any

6 exemptions contained in this Article. The defendant shall have

7 the burden of proving such an exemption.

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

9 affect the transportation, carrying, or possession~~,~~ of any

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

11 consigned to a common carrier operating under license of the

12 State of Illinois or the federal government, where such

13 transportation, carrying, or possession is incident to the

14 lawful transportation in which such common carrier is engaged;

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

16 affect the transportation, carrying, or possession of any

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

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

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

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

21 other container, by a person eligible under State and federal

22 law to possess a firearm ~~the possessor of a valid Firearm~~

23 ~~Owners Identification Card~~.

24 (Source: P.A. 102-152, eff. 1-1-22; 102-779, eff. 1-1-23;

25 102-837, eff. 5-13-22; 103-154, eff. 6-30-23; revised

26 7-22-24.)

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

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

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

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

5 following:

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

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

8 age.

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

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

11 than a traffic offense or adjudged delinquent.

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

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

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

15 other jurisdiction.

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

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

18 years. In this subsection (e):

19 "Mental institution" means any hospital,

20 institution, clinic, evaluation facility, mental

21 health center, or part thereof, which is used

22 primarily for the care or treatment of persons with

23 mental illness.

24 "Patient in a mental institution" means the person

25 was admitted, either voluntarily or involuntarily, to

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1 a mental institution for mental health treatment,

2 unless the treatment was voluntary and solely for an

3 alcohol abuse disorder and no other secondary

4 substance abuse disorder or mental illness.

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

6 person with an intellectual disability.

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

8 without withholding delivery of the firearm for at least

9 72 hours after application for its purchase has been made,

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

11 without withholding delivery of the stun gun or taser for

12 at least 24 hours after application for its purchase has

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

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

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

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

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

18 purchase a firearm for use in promoting the public

19 interest incident to his or her employment as a bank

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

21 a mail order sale of a firearm from a federally licensed

22 firearms dealer to a nonresident of Illinois under which

23 the firearm is mailed to a federally licensed firearms

24 dealer outside the boundaries of Illinois; (3) (blank);

25 (4) the sale of a firearm to a dealer licensed as a federal

26 firearms dealer under Section 923 of the federal Gun

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1 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or

2 sale of any rifle, shotgun, or other long gun to a resident

3 registered competitor or attendee or non-resident

4 registered competitor or attendee by any dealer licensed

5 as a federal firearms dealer under Section 923 of the

6 federal Gun Control Act of 1968 at competitive shooting

7 events held at the World Shooting Complex sanctioned by a

8 national governing body. For purposes of transfers or

9 sales under subparagraph (5) of this paragraph (g), the

10 Department of Natural Resources shall give notice to the

11 Illinois State Police at least 30 calendar days prior to

12 any competitive shooting events at the World Shooting

13 Complex sanctioned by a national governing body. The

14 notification shall be made on a form prescribed by the

15 Illinois State Police. The sanctioning body shall provide

16 a list of all registered competitors and attendees at

17 least 24 hours before the events to the Illinois State

18 Police. Any changes to the list of registered competitors

19 and attendees shall be forwarded to the Illinois State

20 Police as soon as practicable. The Illinois State Police

21 must destroy the list of registered competitors and

22 attendees no later than 30 days after the date of the

23 event. Nothing in this paragraph (g) relieves a federally

24 licensed firearm dealer from the requirements of

25 conducting a NICS background check through the Illinois

26 Point of Contact under 18 U.S.C. 922(t). For purposes of

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1 this paragraph (g), "application" means when the buyer and

2 seller reach an agreement to purchase a firearm. For

3 purposes of this paragraph (g), "national governing body"

4 means a group of persons who adopt rules and formulate

5 policy on behalf of a national firearm sporting

6 organization.

7 (h) While holding any license as a dealer, importer,

8 manufacturer or pawnbroker under the federal Gun Control

9 Act of 1968, manufactures, sells or delivers to any

10 unlicensed person a handgun having a barrel, slide, frame

11 or receiver which is a die casting of zinc alloy or any

12 other nonhomogeneous metal which will melt or deform at a

13 temperature of less than 800 degrees Fahrenheit. For

14 purposes of this paragraph, (1) "firearm" has the meaning

15 provided in Section 2-7.5 of the Criminal Code of 2012 ~~is~~

16 ~~defined as in the Firearm Owners Identification Card Act~~;

17 and (2) "handgun" is defined as a firearm designed to be

18 held and fired by the use of a single hand, and includes a

19 combination of parts from which such a firearm can be

20 assembled.

21 (i) Sells or gives a firearm of any size to any person

22 under 18 years of age who is not eligible under State or

23 federal law to possess a firearm ~~does not possess a valid~~

24 ~~Firearm Owner's Identification Card~~.

25 (j) Sells or gives a firearm while engaged in the

26 business of selling firearms at wholesale or retail

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1 without being licensed as a federal firearms dealer under

2 Section 923 of the federal Gun Control Act of 1968 (18

3 U.S.C. 923). In this paragraph (j):

4 A person "engaged in the business" means a person who

5 devotes time, attention, and labor to engaging in the

6 activity as a regular course of trade or business with the

7 principal objective of livelihood and profit, but does not

8 include a person who makes occasional repairs of firearms

9 or who occasionally fits special barrels, stocks, or

10 trigger mechanisms to firearms.

11 "With the principal objective of livelihood and

12 profit" means that the intent underlying the sale or

13 disposition of firearms is predominantly one of obtaining

14 livelihood and pecuniary gain, as opposed to other

15 intents, such as improving or liquidating a personal

16 firearms collection; however, proof of profit shall not be

17 required as to a person who engages in the regular and

18 repetitive purchase and disposition of firearms for

19 criminal purposes or terrorism.

20 (k) (Blank). ~~Sells or transfers ownership of a firearm~~

21 ~~to a person who does not display to the seller or~~

22 ~~transferor of the firearm either: (1) a currently valid~~

23 ~~Firearm Owner's Identification Card that has previously~~

24 ~~been issued in the transferee's name by the Illinois State~~

25 ~~Police under the provisions of the Firearm Owners~~

26 ~~Identification Card Act; or (2) a currently valid license~~

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1 ~~to carry a concealed firearm that has previously been~~

2 ~~issued in the transferee's name by the Illinois State~~

3 ~~Police under the Firearm Concealed Carry Act. This~~

4 ~~paragraph (k) does not apply to the transfer of a firearm~~

5 ~~to a person who is exempt from the requirement of~~

6 ~~possessing a Firearm Owner's Identification Card under~~

7 ~~Section 2 of the Firearm Owners Identification Card Act.~~

8 ~~For the purposes of this Section, a currently valid~~

9 ~~Firearm Owner's Identification Card or license to carry a~~

10 ~~concealed firearm means receipt of an approval number~~

11 ~~issued in accordance with subsection (a-10) of Section 3~~

12 ~~or Section 3.1 of the Firearm Owners Identification Card~~

13 ~~Act.~~

14 (1) (Blank). ~~In addition to the other requirements~~

15 ~~of this paragraph (k), all persons who are not~~

16 ~~federally licensed firearms dealers must also have~~

17 ~~complied with subsection (a-10) of Section 3 of the~~

18 ~~Firearm Owners Identification Card Act by determining~~

19 ~~the validity of a purchaser's Firearm Owner's~~

20 ~~Identification Card.~~

21 (2) (Blank). ~~All sellers or transferors who have~~

22 ~~complied with the requirements of subparagraph (1) of~~

23 ~~this paragraph (k) shall not be liable for damages in~~

24 ~~any civil action arising from the use or misuse by the~~

25 ~~transferee of the firearm transferred, except for~~

26 ~~willful or wanton misconduct on the part of the seller~~

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1 ~~or transferor.~~

2 (l) Not being entitled to the possession of a firearm,

3 delivers the firearm, knowing it to have been stolen or

4 converted. It may be inferred that a person who possesses

5 a firearm with knowledge that its serial number has been

6 removed or altered has knowledge that the firearm is

7 stolen or converted.

8 (B) Paragraph (h) of subsection (A) does not include

9 firearms sold within 6 months after enactment of Public Act

10 78-355 (approved August 21, 1973, effective October 1, 1973),

11 nor is any firearm legally owned or possessed by any citizen or

12 purchased by any citizen within 6 months after the enactment

13 of Public Act 78-355 subject to confiscation or seizure under

14 the provisions of that Public Act. Nothing in Public Act

15 78-355 shall be construed to prohibit the gift or trade of any

16 firearm if that firearm was legally held or acquired within 6

17 months after the enactment of that Public Act.

18 (C) Sentence.

19 (1) Any person convicted of unlawful sale or delivery

20 of firearms in violation of paragraph (c), (e), (f), (g),

21 or (h) of subsection (A) commits a Class 4 felony.

22 (2) Any person convicted of unlawful sale or delivery

23 of firearms in violation of paragraph (b) or (i) of

24 subsection (A) commits a Class 3 felony.

25 (3) Any person convicted of unlawful sale or delivery

26 of firearms in violation of paragraph (a) of subsection

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1 (A) commits a Class 2 felony.

2 (4) Any person convicted of unlawful sale or delivery

3 of firearms in violation of paragraph (a), (b), or (i) of

4 subsection (A) in any school, on the real property

5 comprising a school, within 1,000 feet of the real

6 property comprising a school, at a school related

7 activity, or on or within 1,000 feet of any conveyance

8 owned, leased, or contracted by a school or school

9 district to transport students to or from school or a

10 school related activity, regardless of the time of day or

11 time of year at which the offense was committed, commits a

12 Class 1 felony. Any person convicted of a second or

13 subsequent violation of unlawful sale or delivery of

14 firearms in violation of paragraph (a), (b), or (i) of

15 subsection (A) in any school, on the real property

16 comprising a school, within 1,000 feet of the real

17 property comprising a school, at a school related

18 activity, or on or within 1,000 feet of any conveyance

19 owned, leased, or contracted by a school or school

20 district to transport students to or from school or a

21 school related activity, regardless of the time of day or

22 time of year at which the offense was committed, commits a

23 Class 1 felony for which the sentence shall be a term of

24 imprisonment of no less than 5 years and no more than 15

25 years.

26 (5) Any person convicted of unlawful sale or delivery

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1 of firearms in violation of paragraph (a) or (i) of

2 subsection (A) in residential property owned, operated, or

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

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

5 development, in a public park, in a courthouse, on

6 residential property owned, operated, or managed by a

7 public housing agency or leased by a public housing agency

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

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

10 real property comprising any courthouse, or on any public

11 way within 1,000 feet of the real property comprising any

12 public park, courthouse, or residential property owned,

13 operated, or managed by a public housing agency or leased

14 by a public housing agency as part of a scattered site or

15 mixed-income development commits a Class 2 felony.

16 (6) Any person convicted of unlawful sale or delivery

17 of firearms in violation of paragraph (j) of subsection

18 (A) commits a Class A misdemeanor. A second or subsequent

19 violation is a Class 4 felony.

20 (7) (Blank). ~~Any person convicted of unlawful sale or~~

21 ~~delivery of firearms in violation of paragraph (k) of~~

22 ~~subsection (A) commits a Class 4 felony, except that a~~

23 ~~violation of subparagraph (1) of paragraph (k) of~~

24 ~~subsection (A) shall not be punishable as a crime or petty~~

25 ~~offense. A third or subsequent conviction for a violation~~

26 ~~of paragraph (k) of subsection (A) is a Class 1 felony.~~

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1 (8) A person 18 years of age or older convicted of

2 unlawful sale or delivery of firearms in violation of

3 paragraph (a) or (i) of subsection (A), when the firearm

4 that was sold or given to another person under 18 years of

5 age was used in the commission of or attempt to commit a

6 forcible felony, shall be fined or imprisoned, or both,

7 not to exceed the maximum provided for the most serious

8 forcible felony so committed or attempted by the person

9 under 18 years of age who was sold or given the firearm.

10 (9) Any person convicted of unlawful sale or delivery

11 of firearms in violation of paragraph (d) of subsection

12 (A) commits a Class 3 felony.

13 (10) Any person convicted of unlawful sale or delivery

14 of firearms in violation of paragraph (l) of subsection

15 (A) commits a Class 2 felony if the delivery is of one

16 firearm. Any person convicted of unlawful sale or delivery

17 of firearms in violation of paragraph (l) of subsection

18 (A) commits a Class 1 felony if the delivery is of not less

19 than 2 and not more than 5 firearms at the same time or

20 within a one-year period. Any person convicted of unlawful

21 sale or delivery of firearms in violation of paragraph (l)

22 of subsection (A) commits a Class X felony for which he or

23 she shall be sentenced to a term of imprisonment of not

24 less than 6 years and not more than 30 years if the

25 delivery is of not less than 6 and not more than 10

26 firearms at the same time or within a 2-year period. Any

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1 person convicted of unlawful sale or delivery of firearms

2 in violation of paragraph (l) of subsection (A) commits a

3 Class X felony for which he or she shall be sentenced to a

4 term of imprisonment of not less than 6 years and not more

5 than 40 years if the delivery is of not less than 11 and

6 not more than 20 firearms at the same time or within a

7 3-year period. Any person convicted of unlawful sale or

8 delivery of firearms in violation of paragraph (l) of

9 subsection (A) commits a Class X felony for which he or she

10 shall be sentenced to a term of imprisonment of not less

11 than 6 years and not more than 50 years if the delivery is

12 of not less than 21 and not more than 30 firearms at the

13 same time or within a 4-year period. Any person convicted

14 of unlawful sale or delivery of firearms in violation of

15 paragraph (l) of subsection (A) commits a Class X felony

16 for which he or she shall be sentenced to a term of

17 imprisonment of not less than 6 years and not more than 60

18 years if the delivery is of 31 or more firearms at the same

19 time or within a 5-year period.

20 (D) For purposes of this Section:

21 "School" means a public or private elementary or secondary

22 school, community college, college, or university.

23 "School related activity" means any sporting, social,

24 academic, or other activity for which students' attendance or

25 participation is sponsored, organized, or funded in whole or

26 in part by a school or school district.

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1 (E) (Blank). ~~A prosecution for a violation of paragraph~~

2 ~~(k) of subsection (A) of this Section may be commenced within 6~~

3 ~~years after the commission of the offense. A prosecution for a~~

4 ~~violation of this Section other than paragraph (g) of~~

5 ~~subsection (A) of this Section may be commenced within 5 years~~

6 ~~after the commission of the offense defined in the particular~~

7 ~~paragraph.~~

8 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

9 102-813, eff. 5-13-22.)

10 (720 ILCS 5/24-3.1) (from Ch. 38, par. 24-3.1)

11 Sec. 24-3.1. Unlawful possession of firearms and firearm

12 ammunition.

13 (a) A person commits the offense of unlawful possession of

14 firearms or firearm ammunition when:

15 (1) He is under 18 years of age and has in his

16 possession any firearm of a size which may be concealed

17 upon the person; or

18 (2) He is under 21 years of age, has been convicted of

19 a misdemeanor other than a traffic offense or adjudged

20 delinquent and has any firearms or firearm ammunition in

21 his possession; or

22 (3) He is a narcotic addict and has any firearms or

23 firearm ammunition in his possession; or

24 (4) He has been a patient in a mental institution

25 within the past 5 years and has any firearms or firearm

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1 ammunition in his possession. For purposes of this

2 paragraph (4):

3 "Mental institution" means any hospital,

4 institution, clinic, evaluation facility, mental

5 health center, or part thereof, which is used

6 primarily for the care or treatment of persons with

7 mental illness.

8 "Patient in a mental institution" means the person

9 was admitted, either voluntarily or involuntarily, to

10 a mental institution for mental health treatment,

11 unless the treatment was voluntary and solely for an

12 alcohol abuse disorder and no other secondary

13 substance abuse disorder or mental illness; or

14 (5) He is a person with an intellectual disability and

15 has any firearms or firearm ammunition in his possession;

16 or

17 (6) He has in his possession any explosive bullet.

18 For purposes of this paragraph "explosive bullet" means

19 the projectile portion of an ammunition cartridge which

20 contains or carries an explosive charge which will explode

21 upon contact with the flesh of a human or an animal.

22 "Cartridge" means a tubular metal case having a projectile

23 affixed at the front thereof and a cap or primer at the rear

24 end thereof, with the propellant contained in such tube

25 between the projectile and the cap.

26 (a-5) A person prohibited from possessing a firearm under

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1 this Section may petition the Director of the Illinois State

2 Police for a hearing and relief from the prohibition, unless

3 the prohibition was based upon a forcible felony, stalking,

4 aggravated stalking, domestic battery, any violation of the

5 Illinois Controlled Substances Act, the Methamphetamine

6 Control and Community Protection Act, or the Cannabis Control

7 Act that is classified as a Class 2 or greater felony, any

8 felony violation of Article 24 of the Criminal Code of 1961 or

9 the Criminal Code of 2012, or any adjudication as a delinquent

10 minor for the commission of an offense that if committed by an

11 adult would be a felony, in which case the person may petition

12 the circuit court in writing in the county of his or her

13 residence for a hearing and relief from the prohibition. The

14 Director or court may grant the relief if it is established by

15 the petitioner to the court's or Director's satisfaction that:

16 (1) when in the circuit court, the State's Attorney

17 has been served with a written copy of the petition at

18 least 30 days before any hearing in the circuit court and

19 at the hearing the State's Attorney was afforded an

20 opportunity to present evidence and object to the

21 petition;

22 (2) the petitioner has not been convicted of a

23 forcible felony under the laws of this State or any other

24 jurisdiction within 20 years of the filing of the

25 petition, or at least 20 years have passed since the end of

26 any period of imprisonment imposed in relation to that

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1 conviction;

2 (3) the circumstances regarding a criminal conviction,

3 where applicable, the petitioner's criminal history and

4 his reputation are such that the petitioner will not be

5 likely to act in a manner dangerous to public safety;

6 (4) granting relief would not be contrary to the

7 public interest; and

8 (5) granting relief would not be contrary to federal

9 law.

10 (b) Sentence.

11 Unlawful possession of firearms, other than handguns, and

12 firearm ammunition is a Class A misdemeanor. Unlawful

13 possession of handguns is a Class 4 felony. The possession of

14 each firearm or firearm ammunition in violation of this

15 Section constitutes a single and separate violation.

16 (c) Nothing in paragraph (1) of subsection (a) of this

17 Section prohibits a person under 18 years of age from

18 participating in any lawful recreational activity with a

19 firearm such as, but not limited to, practice shooting at

20 targets upon established public or private target ranges or

21 hunting, trapping, or fishing in accordance with the Wildlife

22 Code or the Fish and Aquatic Life Code.

23 (Source: P.A. 99-143, eff. 7-27-15.)

24 (720 ILCS 5/24-3.2) (from Ch. 38, par. 24-3.2)

25 Sec. 24-3.2. Unlawful discharge of firearm projectiles.

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1 (a) A person commits the offense of unlawful discharge of

2 firearm projectiles when he or she knowingly or recklessly

3 uses an armor piercing bullet, dragon's breath shotgun shell,

4 bolo shell, or flechette shell in violation of this Section.

5 For purposes of this Section:

6 "Armor piercing bullet" means any handgun bullet or

7 handgun ammunition with projectiles or projectile cores

8 constructed entirely (excluding the presence of traces of

9 other substances) from tungsten alloys, steel, iron, brass,

10 bronze, beryllium copper or depleted uranium, or fully

11 jacketed bullets larger than 22 caliber whose jacket has a

12 weight of more than 25% of the total weight of the projectile,

13 and excluding those handgun projectiles whose cores are

14 composed of soft materials such as lead or lead alloys, zinc or

15 zinc alloys, frangible projectiles designed primarily for

16 sporting purposes, and any other projectiles or projectile

17 cores that the U. S. Secretary of the Treasury finds to be

18 primarily intended to be used for sporting purposes or

19 industrial purposes or that otherwise does not constitute

20 "armor piercing ammunition" as that term is defined by federal

21 law.

22 "Dragon's breath shotgun shell" means any shotgun shell

23 that contains exothermic pyrophoric mesh metal as the

24 projectile and is designed for the purpose of throwing or

25 spewing a flame or fireball to simulate a flame-thrower.

26 "Bolo shell" means any shell that can be fired in a firearm

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1 and expels as projectiles 2 or more metal balls connected by

2 solid metal wire.

3 "Flechette shell" means any shell that can be fired in a

4 firearm and expels 2 or more pieces of fin-stabilized solid

5 metal wire or 2 or more solid dart-type projectiles.

6 (b) A person commits a Class X felony when he or she,

7 knowing that a firearm~~, as defined in Section 1.1 of the~~

8 ~~Firearm Owners Identification Card Act,~~ is loaded with an

9 armor piercing bullet, dragon's breath shotgun shell, bolo

10 shell, or flechette shell, intentionally or recklessly

11 discharges such firearm and such bullet or shell strikes any

12 other person.

13 (c) Any person who possesses, concealed on or about his or

14 her person, an armor piercing bullet, dragon's breath shotgun

15 shell, bolo shell, or flechette shell and a firearm suitable

16 for the discharge thereof is guilty of a Class 2 felony.

17 (d) This Section does not apply to or affect any of the

18 following:

19 (1) Peace officers;

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

21 penitentiaries, jails and other institutions for the

22 detention of persons accused or convicted of an offense;

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

24 the United States or the Illinois National Guard while in

25 the performance of their official duties;

26 (4) Federal officials required to carry firearms,

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1 while engaged in the performance of their official duties;

2 (5) United States Marshals, while engaged in the

3 performance of their official duties.

4 (Source: P.A. 92-423, eff. 1-1-02.)

5 (720 ILCS 5/24-3.4) (from Ch. 38, par. 24-3.4)

6 Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.

7 (a) It shall be unlawful for any person who holds a license

8 to sell at retail any alcoholic liquor issued by the Illinois

9 Liquor Control Commission or local liquor control commissioner

10 under the Liquor Control Act of 1934 or an agent or employee of

11 the licensee to sell or deliver to any other person a firearm

12 in or on the real property of the establishment where the

13 licensee is licensed to sell alcoholic liquors unless the sale

14 or delivery of the firearm is otherwise lawful under this

15 Article ~~and under the Firearm Owners Identification Card Act~~.

16 (b) Sentence. A violation of subsection (a) of this

17 Section is a Class 4 felony.

18 (Source: P.A. 87-591.)

19 (720 ILCS 5/24-3.5)

20 Sec. 24-3.5. Unlawful purchase of a firearm.

21 (a) For purposes of this Section, "firearms transaction

22 record form" means a form:

23 (1) executed by a transferee of a firearm stating: (i)

24 the transferee's name and address (including county or

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1 similar political subdivision); (ii) whether the

2 transferee is a citizen of the United States; (iii) the

3 transferee's State of residence; and (iv) the date and

4 place of birth, height, weight, and race of the

5 transferee; and

6 (2) on which the transferee certifies that he or she

7 is not prohibited by federal law from transporting or

8 shipping a firearm in interstate or foreign commerce or

9 receiving a firearm that has been shipped or transported

10 in interstate or foreign commerce or possessing a firearm

11 in or affecting commerce.

12 (b) A person commits the offense of unlawful purchase of a

13 firearm who knowingly purchases or attempts to purchase a

14 firearm with the intent to deliver that firearm to another

15 person who is prohibited by federal or State law from

16 possessing a firearm.

17 (c) A person commits the offense of unlawful purchase of a

18 firearm when he or she, in purchasing or attempting to

19 purchase a firearm, intentionally provides false or misleading

20 information on a United States Department of the Treasury,

21 Bureau of Alcohol, Tobacco and Firearms firearms transaction

22 record form.

23 (d) Exemption. It is not a violation of subsection (b) of

24 this Section for a person to make a gift or loan of a firearm

25 to a person who is not prohibited by federal or State law from

26 possessing a firearm ~~if the transfer of the firearm is made in~~

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1 ~~accordance with Section 3 of the Firearm Owners Identification~~

2 ~~Card Act~~.

3 (e) Sentence.

4 (1) A person who commits the offense of unlawful

5 purchase of a firearm:

6 (A) is guilty of a Class 2 felony for purchasing or

7 attempting to purchase one firearm;

8 (B) is guilty of a Class 1 felony for purchasing or

9 attempting to purchase not less than 2 firearms and

10 not more than 5 firearms at the same time or within a

11 one year period;

12 (C) is guilty of a Class X felony for which the

13 offender shall be sentenced to a term of imprisonment

14 of not less than 9 years and not more than 40 years for

15 purchasing or attempting to purchase not less than 6

16 firearms at the same time or within a 2 year period.

17 (2) In addition to any other penalty that may be

18 imposed for a violation of this Section, the court may

19 sentence a person convicted of a violation of subsection

20 (c) of this Section to a fine not to exceed $250,000 for

21 each violation.

22 (f) A prosecution for unlawful purchase of a firearm may

23 be commenced within 6 years after the commission of the

24 offense.

25 (Source: P.A. 95-882, eff. 1-1-09.)

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1 (720 ILCS 5/24-3B)

2 Sec. 24-3B. Firearms trafficking.

3 (a) A person commits firearms trafficking when he or she

4 is prohibited under federal or State law from possessing a

5 firearm ~~has not been issued a currently valid Firearm Owner's~~

6 ~~Identification Card~~ and knowingly:

7 (1) brings, or causes to be brought, into this State,

8 a firearm or firearm ammunition for the purpose of sale,

9 delivery, or transfer to any other person or with the

10 intent to sell, deliver, or transfer the firearm or

11 firearm ammunition to any other person; or

12 (2) brings, or causes to be brought, into this State,

13 a firearm and firearm ammunition for the purpose of sale,

14 delivery, or transfer to any other person or with the

15 intent to sell, deliver, or transfer the firearm and

16 firearm ammunition to any other person.

17 (a-5) (Blank). ~~This Section does not apply to:~~

18 ~~(1) a person exempt under Section 2 of the Firearm~~

19 ~~Owners Identification Card Act from the requirement of~~

20 ~~having possession of a Firearm Owner's Identification Card~~

21 ~~previously issued in his or her name by the Illinois State~~

22 ~~Police in order to acquire or possess a firearm or firearm~~

23 ~~ammunition;~~

24 ~~(2) a common carrier under subsection (i) of Section~~

25 ~~24-2 of this Code; or~~

26 ~~(3) a non-resident who may lawfully possess a firearm~~

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1 ~~in his or her resident state.~~

2 (b) Sentence.

3 (1) Firearms trafficking is a Class 1 felony for which

4 the person, if sentenced to a term of imprisonment, shall

5 be sentenced to not less than 4 years and not more than 20

6 years.

7 (2) Firearms trafficking by a person who has been

8 previously convicted of firearms trafficking, gunrunning,

9 or a felony offense for the unlawful sale, delivery, or

10 transfer of a firearm or firearm ammunition in this State

11 or another jurisdiction is a Class X felony.

12 (Source: P.A. 102-538, eff. 8-20-21.)

13 (720 ILCS 5/24-4.1)

14 Sec. 24-4.1. Report of lost or stolen firearms.

15 (a) If a person ~~who possesses a valid Firearm Owner's~~

16 ~~Identification Card and~~ who possesses or acquires a firearm

17 thereafter loses the firearm, or if the firearm is stolen from

18 the person, the person must report the loss or theft to the

19 local law enforcement agency within 72 hours after obtaining

20 knowledge of the loss or theft.

21 (b) A law enforcement agency having jurisdiction shall

22 take a written report and shall, as soon as practical, enter

23 the firearm's serial number as stolen into the Law Enforcement

24 Agencies Data System (LEADS).

25 (c) A person shall not be in violation of this Section if:

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1 (1) the failure to report is due to an act of God, act

2 of war, or inability of a law enforcement agency to

3 receive the report;

4 (2) the person is hospitalized, in a coma, or is

5 otherwise seriously physically or mentally impaired as to

6 prevent the person from reporting; or

7 (3) the person's designee makes a report if the person

8 is unable to make the report.

9 (d) Sentence. A person who violates this Section is guilty

10 of a petty offense for a first violation. A second or

11 subsequent violation of this Section is a Class A misdemeanor.

12 (Source: P.A. 98-508, eff. 8-19-13.)

13 (720 ILCS 5/24-4.5 new)

14 Sec. 24-4.5. Dial up system.

15 (a) The Illinois State Police shall provide a dial up

16 telephone system or utilize other existing technology which

17 shall be used by any federally licensed firearm dealer, gun

18 show promoter, or gun show vendor who is to transfer a firearm,

19 stun gun, or taser under the provisions of this Code. The

20 Illinois State Police may utilize existing technology which

21 allows the caller to be charged a fee not to exceed $2. Fees

22 collected by the Illinois State Police shall be deposited in

23 the State Police Services Fund and used to provide the

24 service.

25 (b) Upon receiving a request from a federally licensed

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1 firearm dealer, gun show promoter, or gun show vendor, the

2 Illinois State Police shall immediately approve, or within the

3 time period established by Section 24-3 of this Code regarding

4 the delivery of firearms, stun guns, and tasers notify the

5 inquiring dealer, gun show promoter, or gun show vendor of any

6 objection that would disqualify the transferee from acquiring

7 or possessing a firearm, stun gun, or taser. In conducting the

8 inquiry, the Illinois State Police shall initiate and complete

9 an automated search of its criminal history record information

10 files and those of the Federal Bureau of Investigation,

11 including the National Instant Criminal Background Check

12 System, and of the files of the Department of Human Services

13 relating to mental health and developmental disabilities to

14 obtain any felony conviction or patient hospitalization

15 information which would disqualify a person from obtaining a

16 firearm.

17 (c) If receipt of a firearm would not violate Section 24-3

18 of this Code or federal law, the Illinois State Police shall:

19 (1) assign a unique identification number to the

20 transfer; and

21 (2) provide the licensee, gun show promoter, or gun

22 show vendor with the number.

23 (d) Approvals issued by the Illinois State Police for the

24 purchase of a firearm are valid for 30 days from the date of

25 issue.

26 (e)(1) The Illinois State Police must act as the Illinois

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1 Point of Contact for the National Instant Criminal Background

2 Check System.

3 (2) The Illinois State Police and the Department of Human

4 Services shall, in accordance with State and federal law

5 regarding confidentiality, enter into a memorandum of

6 understanding with the Federal Bureau of Investigation for the

7 purpose of implementing the National Instant Criminal

8 Background Check System in the State. The Department of State

9 Police shall report the name, date of birth, and physical

10 description of any person prohibited from possessing a firearm

11 under this Code or 18 U.S.C. 922(g) and (n) to the National

12 Instant Criminal Background Check System Index, Denied Persons

13 Files.

14 (f) The Illinois State Police shall adopt rules not

15 inconsistent with this Section to implement this system.

16 (720 ILCS 5/24-5.1)

17 Sec. 24-5.1. Serialization of unfinished frames or

18 receivers; prohibition on unserialized firearms; exceptions;

19 penalties.

20 (a) In this Section:

21 "Bona fide supplier" means an established business entity

22 engaged in the development and sale of firearms parts to one or

23 more federal firearms manufacturers or federal firearms

24 importers.

25 "Federal firearms dealer" means a licensed manufacturer

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1 pursuant to 18 U.S.C. 921(a)(11).

2 "Federal firearms importer" means a licensed importer

3 pursuant to 18 U.S.C. 921(a)(9).

4 "Federal firearms manufacturer" means a licensed

5 manufacturer pursuant to 18 U.S.C. 921(a)(10).

6 "Frame or receiver" means a part of a firearm that, when

7 the complete weapon is assembled, is visible from the exterior

8 and provides housing or a structure designed to hold or

9 integrate one or more fire control components, even if pins or

10 other attachments are required to connect those components to

11 the housing or structure. For models of firearms in which

12 multiple parts provide such housing or structure, the part or

13 parts that the Director of the federal Bureau of Alcohol,

14 Tobacco, Firearms and Explosives has determined are a frame or

15 receiver constitute the frame or receiver. For purposes of

16 this definition, "fire control component" means a component

17 necessary for the firearm to initiate, complete, or continue

18 the firing sequence, including any of the following: hammer,

19 bolt, bolt carrier, breechblock, cylinder, trigger mechanism,

20 firing pin, striker, or slide rails.

21 "Security exemplar" means an object to be fabricated at

22 the direction of the United States Attorney General that is

23 (1) constructed of 3.7 ounces of material type 17-4 PH

24 stainless steel in a shape resembling a handgun and (2)

25 suitable for testing and calibrating metal detectors.

26 "Three-dimensional printer" means a computer or

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1 computer-drive machine capable of producing a

2 three-dimensional object from a digital model.

3 "Undetectable firearm" means (1) a firearm constructed

4 entirely of non-metal substances; (2) a firearm that, after

5 removal of all parts but the major components of the firearm,

6 is not detectable by walk-through metal detectors calibrated

7 and operated to detect the security exemplar; or (3) a firearm

8 that includes a major component of a firearm, which, if

9 subject to the types of detection devices commonly used at

10 airports for security screening, would not generate an image

11 that accurately depicts the shape of the component.

12 "Undetectable firearm" does not include a firearm subject to

13 the provisions of 18 U.S.C. 922(p)(3) through (6).

14 "Unfinished frame or receiver" means any forging, casting,

15 printing, extrusion, machined body, or similar article that:

16 (1) has reached a stage in manufacture where it may

17 readily be completed, assembled, or converted to be a

18 functional firearm; or

19 (2) is marketed or sold to the public to become or be

20 used as the frame or receiver of a functional firearm once

21 completed, assembled, or converted.

22 "Unserialized" means lacking a serial number imprinted by:

23 (1) a federal firearms manufacturer, federal firearms

24 importer, federal firearms dealer, or other federal

25 licensee authorized to provide marking services, pursuant

26 to a requirement under federal law; or

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1 (2) a federal firearms dealer or other federal

2 licensee authorized to provide marking services pursuant

3 to subsection (f) of this Section.

4 (b) It is unlawful for any person to knowingly sell, offer

5 to sell, or transfer an unserialized unfinished frame or

6 receiver or unserialized firearm, including those produced

7 using a three-dimensional printer, unless the party purchasing

8 or receiving the unfinished frame or receiver or unserialized

9 firearm is a federal firearms importer, federal firearms

10 manufacturer, or federal firearms dealer.

11 (c) Beginning 180 days after May 18, 2022 (the effective

12 date of Public Act 102-889), it is unlawful for any person to

13 knowingly possess, transport, or receive an unfinished frame

14 or receiver, unless:

15 (1) the party possessing or receiving the unfinished

16 frame or receiver is a federal firearms importer or

17 federal firearms manufacturer;

18 (2) the unfinished frame or receiver is possessed or

19 transported by a person for transfer to a federal firearms

20 importer or federal firearms manufacturer; or

21 (3) the unfinished frame or receiver has been

22 imprinted with a serial number issued by a federal

23 firearms importer or federal firearms manufacturer in

24 compliance with subsection (f) of this Section.

25 (d) Beginning 180 days after May 18, 2022 (the effective

26 date of Public Act 102-889), unless the party receiving the

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1 firearm is a federal firearms importer or federal firearms

2 manufacturer, it is unlawful for any person to knowingly

3 possess, purchase, transport, or receive a firearm that is not

4 imprinted with a serial number by (1) a federal firearms

5 importer or federal firearms manufacturer in compliance with

6 all federal laws and regulations regulating the manufacture

7 and import of firearms or (2) a federal firearms manufacturer,

8 federal firearms dealer, or other federal licensee authorized

9 to provide marking services in compliance with the

10 unserialized firearm serialization process under subsection

11 (f) of this Section.

12 (e) Any firearm or unfinished frame or receiver

13 manufactured using a three-dimensional printer must also be

14 serialized in accordance with the requirements of subsection

15 (f) within 30 days after May 18, 2022 (the effective date of

16 Public Act 102-889), or prior to reaching a stage of

17 manufacture where it may be readily completed, assembled, or

18 converted to be a functional firearm.

19 (f) Unserialized unfinished frames or receivers and

20 unserialized firearms serialized pursuant to this Section

21 shall be serialized in compliance with all of the following:

22 (1) An unserialized unfinished frame or receiver and

23 unserialized firearm shall be serialized by a federally

24 licensed firearms dealer or other federal licensee

25 authorized to provide marking services with the licensee's

26 abbreviated federal firearms license number as a prefix

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1 (which is the first 3 and last 5 digits) followed by a

2 hyphen, and then followed by a number as a suffix, such as

3 12345678-(number). The serial number or numbers must be

4 placed in a manner that accords with the requirements

5 under federal law for affixing serial numbers to firearms,

6 including the requirements that the serial number or

7 numbers be at the minimum size and depth, and not

8 susceptible to being readily obliterated, altered, or

9 removed, and the licensee must retain records that accord

10 with the requirements under federal law in the case of the

11 sale of a firearm. The imprinting of any serial number

12 upon an undetectable firearm must be done on a steel

13 plaque in compliance with 18 U.S.C. 922(p).

14 (2) Every federally licensed firearms dealer or other

15 federal licensee that engraves, casts, stamps, or

16 otherwise conspicuously and permanently places a unique

17 serial number pursuant to this Section shall maintain a

18 record of such indefinitely. Licensees subject to the

19 Firearm Dealer License Certification Act shall make all

20 records accessible for inspection upon the request of the

21 Illinois State Police or a law enforcement agency in

22 accordance with Section 5-35 of the Firearm Dealer License

23 Certification Act.

24 (3) Every federally licensed firearms dealer or other

25 federal licensee that engraves, casts, stamps, or

26 otherwise conspicuously and permanently places a unique

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1 serial number pursuant to this Section shall record it at

2 the time of every transaction involving the transfer of a

3 firearm, rifle, shotgun, finished frame or receiver, or

4 unfinished frame or receiver that has been so marked in

5 compliance with the federal guidelines set forth in 27 CFR

6 478.124.

7 (4) (Blank). ~~Every federally licensed firearms dealer~~

8 ~~or other federal licensee that engraves, casts, stamps, or~~

9 ~~otherwise conspicuously and permanently places a unique~~

10 ~~serial number pursuant to this Section shall review and~~

11 ~~confirm the validity of the owner's Firearm Owner's~~

12 ~~Identification Card issued under the Firearm Owners~~

13 ~~Identification Card Act prior to returning the firearm to~~

14 ~~the owner.~~

15 (g) Within 30 days after May 18, 2022 (the effective date

16 of Public Act 102-889), the Director of the Illinois State

17 Police shall issue a public notice regarding the provisions of

18 this Section. The notice shall include posting on the Illinois

19 State Police website and may include written notification or

20 any other means of communication statewide to all

21 Illinois-based federal firearms manufacturers, federal

22 firearms dealers, or other federal licensees authorized to

23 provide marking services in compliance with the serialization

24 process in subsection (f) in order to educate the public.

25 (h) Exceptions. This Section does not apply to an

26 unserialized unfinished frame or receiver or an unserialized

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1 firearm that:

2 (1) has been rendered permanently inoperable;

3 (2) is an antique firearm, as defined in 18 U.S.C.

4 921(a)(16);

5 (3) was manufactured prior to October 22, 1968;

6 (4) is an unfinished frame or receiver and is

7 possessed by a bona fide supplier exclusively for transfer

8 to a federal firearms manufacturer or federal firearms

9 importer, or is possessed by a federal firearms

10 manufacturer or federal firearms importer in compliance

11 with all federal laws and regulations regulating the

12 manufacture and import of firearms; except this exemption

13 does not apply if an unfinished frame or receiver is

14 possessed for transfer or is transferred to a person other

15 than a federal firearms manufacturer or federal firearms

16 importer; or

17 (5) is possessed by a person who received the

18 unserialized unfinished frame or receiver or unserialized

19 firearm through inheritance, and is not otherwise

20 prohibited from possessing the unserialized unfinished

21 frame or receiver or unserialized firearm, for a period

22 not exceeding 30 days after inheriting the unserialized

23 unfinished frame or receiver or unserialized firearm.

24 (i) Penalties.

25 (1) A person who violates subsection (c) or (d) is

26 guilty of a Class A misdemeanor for a first violation and

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1 is guilty of a Class 3 felony for a second or subsequent

2 violation.

3 (2) A person who violates subsection (b) is guilty of

4 a Class 4 felony for a first violation and is guilty of a

5 Class 2 felony for a second or subsequent violation.

6 (Source: P.A. 102-889, eff. 5-18-22; 103-605, eff. 7-1-24.)

7 (720 ILCS 5/24-9)

8 Sec. 24-9. Firearms; Child Protection.

9 (a) Except as provided in subsection (c), it is unlawful

10 for any person to store or leave, within premises under his or

11 her control, a firearm if the person knows or has reason to

12 believe that a minor under the age of 14 years ~~who does not~~

13 ~~have a Firearm Owners Identification Card~~ is likely to gain

14 access to the firearm without the lawful permission of the

15 person possessing the firearm, minor's parent, guardian, or

16 person having charge of the minor, and the minor causes death

17 or great bodily harm with the firearm, unless the firearm is:

18 (1) secured by a device or mechanism, other than the

19 firearm safety, designed to render a firearm temporarily

20 inoperable; or

21 (2) placed in a securely locked box or container; or

22 (3) placed in some other location that a reasonable

23 person would believe to be secure from a minor under the

24 age of 14 years.

25 (b) Sentence. A person who violates this Section is guilty

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1 of a Class C misdemeanor and shall be fined not less than

2 $1,000. A second or subsequent violation of this Section is a

3 Class A misdemeanor.

4 (c) Subsection (a) does not apply:

5 (1) if the minor under 14 years of age gains access to

6 a firearm and uses it in a lawful act of self-defense or

7 defense of another; or

8 (2) to any firearm obtained by a minor under the age of

9 14 because of an unlawful entry of the premises by the

10 minor or another person.

11 (d) (Blank). ~~For the purposes of this Section, "firearm"~~

12 ~~has the meaning ascribed to it in Section 1.1 of the Firearm~~

13 ~~Owners Identification Card Act.~~

14 (Source: P.A. 91-18, eff. 1-1-00.)

15 Section 80. The Methamphetamine Control and Community

16 Protection Act is amended by changing Section 10 as follows:

17 (720 ILCS 646/10)

18 Sec. 10. Definitions. As used in this Act:

19 "Anhydrous ammonia" has the meaning provided in subsection

20 (d) of Section 3 of the Illinois Fertilizer Act of 1961.

21 "Anhydrous ammonia equipment" means all items used to

22 store, hold, contain, handle, transfer, transport, or apply

23 anhydrous ammonia for lawful purposes.

24 "Booby trap" means any device designed to cause physical

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1 injury when triggered by an act of a person approaching,

2 entering, or moving through a structure, a vehicle, or any

3 location where methamphetamine has been manufactured, is being

4 manufactured, or is intended to be manufactured.

5 "Deliver" or "delivery" has the meaning provided in

6 subsection (h) of Section 102 of the Illinois Controlled

7 Substances Act.

8 "Director" means the Director of the Illinois State Police

9 or the Director's designated agents.

10 "Dispose" or "disposal" means to abandon, discharge,

11 release, deposit, inject, dump, spill, leak, or place

12 methamphetamine waste onto or into any land, water, or well of

13 any type so that the waste has the potential to enter the

14 environment, be emitted into the air, or be discharged into

15 the soil or any waters, including groundwater.

16 "Emergency response" means the act of collecting evidence

17 from or securing a methamphetamine laboratory site,

18 methamphetamine waste site or other methamphetamine-related

19 site and cleaning up the site, whether these actions are

20 performed by public entities or private contractors paid by

21 public entities.

22 "Emergency service provider" means a local, State, or

23 federal peace officer, firefighter, emergency medical

24 technician-ambulance, emergency medical

25 technician-intermediate, emergency medical

26 technician-paramedic, ambulance driver, or other medical or

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1 first aid personnel rendering aid, or any agent or designee of

2 the foregoing.

3 "Finished methamphetamine" means methamphetamine in a form

4 commonly used for personal consumption.

5 "Firearm" has the meaning provided in Section 2-7.5 of the

6 Criminal Code of 2012 ~~1.1 of the Firearm Owners Identification~~

7 ~~Card Act~~.

8 "Manufacture" means to produce, prepare, compound,

9 convert, process, synthesize, concentrate, purify, separate,

10 extract, or package any methamphetamine, methamphetamine

11 precursor, methamphetamine manufacturing catalyst,

12 methamphetamine manufacturing reagent, methamphetamine

13 manufacturing solvent, or any substance containing any of the

14 foregoing.

15 "Methamphetamine" means the chemical methamphetamine (a

16 Schedule II controlled substance under the Illinois Controlled

17 Substances Act) or any salt, optical isomer, salt of optical

18 isomer, or analog thereof, with the exception of

19 3,4-Methylenedioxymethamphetamine (MDMA) or any other

20 scheduled substance with a separate listing under the Illinois

21 Controlled Substances Act.

22 "Methamphetamine manufacturing catalyst" means any

23 substance that has been used, is being used, or is intended to

24 be used to activate, accelerate, extend, or improve a chemical

25 reaction involved in the manufacture of methamphetamine.

26 "Methamphetamine manufacturing environment" means a

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1 structure or vehicle in which:

2 (1) methamphetamine is being or has been manufactured;

3 (2) chemicals that are being used, have been used, or

4 are intended to be used to manufacture methamphetamine are

5 stored;

6 (3) methamphetamine manufacturing materials that have

7 been used to manufacture methamphetamine are stored; or

8 (4) methamphetamine manufacturing waste is stored.

9 "Methamphetamine manufacturing material" means any

10 methamphetamine precursor, substance containing any

11 methamphetamine precursor, methamphetamine manufacturing

12 catalyst, substance containing any methamphetamine

13 manufacturing catalyst, methamphetamine manufacturing

14 reagent, substance containing any methamphetamine

15 manufacturing reagent, methamphetamine manufacturing solvent,

16 substance containing any methamphetamine manufacturing

17 solvent, or any other chemical, substance, ingredient,

18 equipment, apparatus, or item that is being used, has been

19 used, or is intended to be used in the manufacture of

20 methamphetamine.

21 "Methamphetamine manufacturing reagent" means any

22 substance other than a methamphetamine manufacturing catalyst

23 that has been used, is being used, or is intended to be used to

24 react with and chemically alter any methamphetamine precursor.

25 "Methamphetamine manufacturing solvent" means any

26 substance that has been used, is being used, or is intended to

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1 be used as a medium in which any methamphetamine precursor,

2 methamphetamine manufacturing catalyst, methamphetamine

3 manufacturing reagent, or any substance containing any of the

4 foregoing is dissolved, diluted, or washed during any part of

5 the methamphetamine manufacturing process.

6 "Methamphetamine manufacturing waste" means any chemical,

7 substance, ingredient, equipment, apparatus, or item that is

8 left over from, results from, or is produced by the process of

9 manufacturing methamphetamine, other than finished

10 methamphetamine.

11 "Methamphetamine precursor" means ephedrine,

12 pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,

13 phenylacetone, phenyl-2-propanone, P2P, or any salt, optical

14 isomer, or salt of an optical isomer of any of these chemicals.

15 "Multi-unit dwelling" means a unified structure used or

16 intended for use as a habitation, home, or residence that

17 contains 2 or more condominiums, apartments, hotel rooms,

18 motel rooms, or other living units.

19 "Package" means an item marked for retail sale that is not

20 designed to be further broken down or subdivided for the

21 purpose of retail sale.

22 "Participate" or "participation" in the manufacture of

23 methamphetamine means to produce, prepare, compound, convert,

24 process, synthesize, concentrate, purify, separate, extract,

25 or package any methamphetamine, methamphetamine precursor,

26 methamphetamine manufacturing catalyst, methamphetamine

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1 manufacturing reagent, methamphetamine manufacturing solvent,

2 or any substance containing any of the foregoing, or to assist

3 in any of these actions, or to attempt to take any of these

4 actions, regardless of whether this action or these actions

5 result in the production of finished methamphetamine.

6 "Person with a disability" means a person who suffers from

7 a permanent physical or mental impairment resulting from

8 disease, injury, functional disorder, or congenital condition

9 which renders the person incapable of adequately providing for

10 his or her own health and personal care.

11 "Procure" means to purchase, steal, gather, or otherwise

12 obtain, by legal or illegal means, or to cause another to take

13 such action.

14 "Second or subsequent offense" means an offense under this

15 Act committed by an offender who previously committed an

16 offense under this Act, the Illinois Controlled Substances

17 Act, the Cannabis Control Act, or another Act of this State,

18 another state, or the United States relating to

19 methamphetamine, cannabis, or any other controlled substance.

20 "Standard dosage form", as used in relation to any

21 methamphetamine precursor, means that the methamphetamine

22 precursor is contained in a pill, tablet, capsule, caplet, gel

23 cap, or liquid cap that has been manufactured by a lawful

24 entity and contains a standard quantity of methamphetamine

25 precursor.

26 "Unauthorized container", as used in relation to anhydrous

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1 ammonia, means any container that is not designed for the

2 specific and sole purpose of holding, storing, transporting,

3 or applying anhydrous ammonia. "Unauthorized container"

4 includes, but is not limited to, any propane tank, fire

5 extinguisher, oxygen cylinder, gasoline can, food or beverage

6 cooler, or compressed gas cylinder used in dispensing fountain

7 drinks. "Unauthorized container" does not encompass anhydrous

8 ammonia manufacturing plants, refrigeration systems where

9 anhydrous ammonia is used solely as a refrigerant, anhydrous

10 ammonia transportation pipelines, anhydrous ammonia tankers,

11 or anhydrous ammonia barges.

12 (Source: P.A. 102-538, eff. 8-20-21.)

13 Section 85. The Code of Criminal Procedure of 1963 is

14 amended by changing Sections 102-7.1, 110-10, 112A-5.5,

15 112A-11.1, 112A-11.2, 112A-14, 112A-14.7, and 112A-17.5 as

16 follows:

17 (725 ILCS 5/102-7.1)

18 Sec. 102-7.1. "Category A offense". "Category A offense"

19 means a Class 1 felony, Class 2 felony, Class X felony, first

20 degree murder, a violation of Section 11-204 of the Illinois

21 Vehicle Code, a second or subsequent violation of Section

22 11-501 of the Illinois Vehicle Code, a violation of subsection

23 (d) of Section 11-501 of the Illinois Vehicle Code, a

24 violation of Section 11-401 of the Illinois Vehicle Code if

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1 the crash results in injury and the person failed to report the

2 crash within 30 minutes, a violation of Section 9-3, 9-3.4,

3 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25,

4 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6,

5 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3,

6 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or

7 subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code

8 of 2012, a violation of paragraph (5) or (6) of subsection (b)

9 of Section 10-9 of the Criminal Code of 2012, a violation of

10 subsection (b) or (c) or paragraph (1) or (2) of subsection (a)

11 of Section 11-1.50 of the Criminal Code of 2012, a violation of

12 Section 12-7 of the Criminal Code of 2012 if the defendant

13 inflicts bodily harm on the victim to obtain a confession,

14 statement, or information, a violation of Section 12-7.5 of

15 the Criminal Code of 2012 if the action results in bodily harm,

16 a violation of paragraph (3) of subsection (b) of Section 17-2

17 of the Criminal Code of 2012, a violation of subdivision

18 (a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a

19 violation of paragraph (6) of subsection (a) of Section 24-1

20 of the Criminal Code of 2012, a first violation of Section

21 24-1.6 of the Criminal Code of 2012 by a person 18 years of age

22 or older where the factors listed in both items (A) and (C) or

23 both items (A-5) and (C) of paragraph (3) of subsection (a) of

24 Section 24-1.6 of the Criminal Code of 2012 are present, a

25 Class 3 felony violation of paragraph (1) of subsection (a) of

26 Section 2 of the Firearm Owners Identification Card Act

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1 committed before the effective date of this amendatory Act of

2 the 104th General Assembly, or a violation of Section 10 of the

3 Sex Offender Registration Act.

4 (Source: P.A. 102-982, eff. 7-1-23.)

5 (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)

6 Sec. 110-10. Conditions of pretrial release.

7 (a) If a person is released prior to conviction, the

8 conditions of pretrial release shall be that he or she will:

9 (1) Appear to answer the charge in the court having

10 jurisdiction on a day certain and thereafter as ordered by

11 the court until discharged or final order of the court;

12 (2) Submit himself or herself to the orders and

13 process of the court;

14 (3) (Blank);

15 (4) Not violate any criminal statute of any

16 jurisdiction;

17 (5) At a time and place designated by the court,

18 surrender all firearms in his or her possession to a law

19 enforcement officer designated by the court to take

20 custody of and impound the firearms ~~and physically~~

21 ~~surrender his or her Firearm Owner's Identification Card~~

22 to the clerk of the circuit court when the offense the

23 person has been charged with is a forcible felony,

24 stalking, aggravated stalking, domestic battery, any

25 violation of the Illinois Controlled Substances Act, the

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1 Methamphetamine Control and Community Protection Act, or

2 the Cannabis Control Act that is classified as a Class 2 or

3 greater felony, or any felony violation of Article 24 of

4 the Criminal Code of 1961 or the Criminal Code of 2012; the

5 court may, however, forgo the imposition of this condition

6 when the circumstances of the case clearly do not warrant

7 it or when its imposition would be impractical; ~~if the~~

8 ~~Firearm Owner's Identification Card is confiscated, the~~

9 ~~clerk of the circuit court shall mail the confiscated card~~

10 ~~to the Illinois State Police;~~ all legally possessed

11 firearms shall be returned to the person upon the charges

12 being dismissed, or if the person is found not guilty,

13 unless the finding of not guilty is by reason of insanity;

14 and

15 (6) At a time and place designated by the court,

16 submit to a psychological evaluation when the person has

17 been charged with a violation of item (4) of subsection

18 (a) of Section 24-1 of the Criminal Code of 1961 or the

19 Criminal Code of 2012 and that violation occurred in a

20 school or in any conveyance owned, leased, or contracted

21 by a school to transport students to or from school or a

22 school-related activity, or on any public way within 1,000

23 feet of real property comprising any school.

24 Psychological evaluations ordered pursuant to this Section

25 shall be completed promptly and made available to the State,

26 the defendant, and the court. As a further condition of

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1 pretrial release under these circumstances, the court shall

2 order the defendant to refrain from entering upon the property

3 of the school, including any conveyance owned, leased, or

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

5 or a school-related activity, or on any public way within

6 1,000 feet of real property comprising any school. Upon

7 receipt of the psychological evaluation, either the State or

8 the defendant may request a change in the conditions of

9 pretrial release, pursuant to Section 110-6 of this Code. The

10 court may change the conditions of pretrial release to include

11 a requirement that the defendant follow the recommendations of

12 the psychological evaluation, including undergoing psychiatric

13 treatment. The conclusions of the psychological evaluation and

14 any statements elicited from the defendant during its

15 administration are not admissible as evidence of guilt during

16 the course of any trial on the charged offense, unless the

17 defendant places his or her mental competency in issue.

18 (b) Additional conditions of release shall be set only

19 when it is determined that they are necessary to ensure the

20 defendant's appearance in court, ensure the defendant does not

21 commit any criminal offense, ensure the defendant complies

22 with all conditions of pretrial release, prevent the

23 defendant's unlawful interference with the orderly

24 administration of justice, or ensure compliance with the rules

25 and procedures of problem solving courts. However, conditions

26 shall include the least restrictive means and be

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1 individualized. Conditions shall not mandate rehabilitative

2 services unless directly tied to the risk of pretrial

3 misconduct. Conditions of supervision shall not include

4 punitive measures such as community service work or

5 restitution. Conditions may include the following:

6 (0.05) Not depart this State without leave of the

7 court;

8 (1) Report to or appear in person before such person

9 or agency as the court may direct;

10 (2) Refrain from possessing a firearm or other

11 dangerous weapon;

12 (3) Refrain from approaching or communicating with

13 particular persons or classes of persons;

14 (4) Refrain from going to certain described geographic

15 areas or premises;

16 (5) Be placed under direct supervision of the Pretrial

17 Services Agency, Probation Department or Court Services

18 Department in a pretrial home supervision capacity with or

19 without the use of an approved electronic monitoring

20 device subject to Article 8A of Chapter V of the Unified

21 Code of Corrections;

22 (6) For persons charged with violating Section 11-501

23 of the Illinois Vehicle Code, refrain from operating a

24 motor vehicle not equipped with an ignition interlock

25 device, as defined in Section 1-129.1 of the Illinois

26 Vehicle Code, pursuant to the rules promulgated by the

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1 Secretary of State for the installation of ignition

2 interlock devices. Under this condition the court may

3 allow a defendant who is not self-employed to operate a

4 vehicle owned by the defendant's employer that is not

5 equipped with an ignition interlock device in the course

6 and scope of the defendant's employment;

7 (7) Comply with the terms and conditions of an order

8 of protection issued by the court under the Illinois

9 Domestic Violence Act of 1986 or an order of protection

10 issued by the court of another state, tribe, or United

11 States territory;

12 (8) Sign a written admonishment requiring that he or

13 she comply with the provisions of Section 110-12 regarding

14 any change in his or her address. The defendant's address

15 shall at all times remain a matter of record with the clerk

16 of the court; and

17 (9) Such other reasonable conditions as the court may

18 impose, so long as these conditions are the least

19 restrictive means to achieve the goals listed in

20 subsection (b), are individualized, and are in accordance

21 with national best practices as detailed in the Pretrial

22 Supervision Standards of the Supreme Court.

23 The defendant shall receive verbal and written

24 notification of conditions of pretrial release and future

25 court dates, including the date, time, and location of court.

26 (c) When a person is charged with an offense under Section

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1 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,

2 12-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

3 Criminal Code of 2012, involving a victim who is a minor under

4 18 years of age living in the same household with the defendant

5 at the time of the offense, in releasing the defendant, the

6 judge shall impose conditions to restrict the defendant's

7 access to the victim which may include, but are not limited to

8 conditions that he will:

9 1. Vacate the household.

10 2. Make payment of temporary support to his

11 dependents.

12 3. Refrain from contact or communication with the

13 child victim, except as ordered by the court.

14 (d) When a person is charged with a criminal offense and

15 the victim is a family or household member as defined in

16 Article 112A, conditions shall be imposed at the time of the

17 defendant's release that restrict the defendant's access to

18 the victim. Unless provided otherwise by the court, the

19 restrictions shall include requirements that the defendant do

20 the following:

21 (1) refrain from contact or communication with the

22 victim for a minimum period of 72 hours following the

23 defendant's release; and

24 (2) refrain from entering or remaining at the victim's

25 residence for a minimum period of 72 hours following the

26 defendant's release.

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1 (e) Local law enforcement agencies shall develop

2 standardized pretrial release forms for use in cases involving

3 family or household members as defined in Article 112A,

4 including specific conditions of pretrial release as provided

5 in subsection (d). Failure of any law enforcement department

6 to develop or use those forms shall in no way limit the

7 applicability and enforcement of subsections (d) and (f).

8 (f) If the defendant is released after conviction

9 following appeal or other post-conviction proceeding, the

10 conditions of the pretrial release shall be that he will, in

11 addition to the conditions set forth in subsections (a) and

12 (b) hereof:

13 (1) Duly prosecute his appeal;

14 (2) Appear at such time and place as the court may

15 direct;

16 (3) Not depart this State without leave of the court;

17 (4) Comply with such other reasonable conditions as

18 the court may impose; and

19 (5) If the judgment is affirmed or the cause reversed

20 and remanded for a new trial, forthwith surrender to the

21 officer from whose custody he was released.

22 (g) Upon a finding of guilty for any felony offense, the

23 defendant shall physically surrender, at a time and place

24 designated by the court, any and all firearms in his or her

25 possession ~~and his or her Firearm Owner's Identification Card~~

26 as a condition of being released pending sentencing.

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1 (Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23;

2 102-1104, eff. 1-1-23.)

3 (725 ILCS 5/112A-5.5)

4 Sec. 112A-5.5. Time for filing petition; service on

5 respondent, hearing on petition, and default orders.

6 (a) A petition for a protective order may be filed at any

7 time, in person or online, after a criminal charge or

8 delinquency petition is filed and before the charge or

9 delinquency petition is dismissed, the defendant or juvenile

10 is acquitted, or the defendant or juvenile completes service

11 of his or her sentence.

12 (b) The request for an ex parte protective order may be

13 considered without notice to the respondent under Section

14 112A-17.5 of this Code.

15 (c) A summons shall be issued and served for a protective

16 order. The summons may be served by delivery to the respondent

17 personally in open court in the criminal or juvenile

18 delinquency proceeding, in the form prescribed by subsection

19 (d) of Supreme Court Rule 101, except that it shall require the

20 respondent to answer or appear within 7 days. Attachments to

21 the summons shall include the petition for protective order,

22 supporting affidavits, if any, and any ex parte protective

23 order that has been issued.

24 (d) The summons shall be served by the sheriff or other law

25 enforcement officer at the earliest time available and shall

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1 take precedence over any other summons, except those of a

2 similar emergency nature. Attachments to the summons shall

3 include the petition for protective order, supporting

4 affidavits, if any, and any ex parte protective order that has

5 been issued. Special process servers may be appointed at any

6 time and their designation shall not affect the

7 responsibilities and authority of the sheriff or other

8 official process servers. In a county with a population over

9 3,000,000, a special process server may not be appointed if

10 the protective order grants the surrender of a child~~, the~~

11 ~~surrender of a firearm or Firearm Owner's Identification Card,~~

12 or the exclusive possession of a shared residence.

13 (e) If the respondent is not served within 30 days of the

14 filing of the petition, the court shall schedule a court

15 proceeding on the issue of service. Either the petitioner, the

16 petitioner's counsel, or the State's Attorney shall appear and

17 the court shall either order continued attempts at personal

18 service or shall order service by publication, in accordance

19 with Sections 2-203, 2-206, and 2-207 of the Code of Civil

20 Procedure.

21 (f) The request for a final protective order can be

22 considered at any court proceeding in the delinquency or

23 criminal case after service of the petition. If the petitioner

24 has not been provided notice of the court proceeding at least

25 10 days in advance of the proceeding, the court shall schedule

26 a hearing on the petition and provide notice to the

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1 petitioner.

2 (f-5) A court in a county with a population above 250,000

3 shall offer the option of a remote hearing to a petitioner for

4 a protective order. The court has the discretion to grant or

5 deny the request for a remote hearing. Each court shall

6 determine the procedure for a remote hearing. The petitioner

7 and respondent may appear remotely or in person.

8 The court shall issue and publish a court order, standing

9 order, or local rule detailing information about the process

10 for requesting and participating in a remote court appearance.

11 The court order, standing order, or local rule shall be

12 published on the court's website and posted on signs

13 throughout the courthouse, including in the clerk's office.

14 The sign shall be written in plain language and include

15 information about the availability of remote court appearances

16 and the process for requesting a remote hearing.

17 (g) Default orders.

18 (1) A final domestic violence order of protection may

19 be entered by default:

20 (A) for any of the remedies sought in the

21 petition, if the respondent has been served with

22 documents under subsection (b) or (c) of this Section

23 and if the respondent fails to appear on the specified

24 return date or any subsequent hearing date agreed to

25 by the petitioner and respondent or set by the court;

26 or

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1 (B) for any of the remedies provided under

2 paragraph (1), (2), (3), (5), (6), (7), (8), (9),

3 (10), (11), (14), (15), (17), or (18) of subsection

4 (b) of Section 112A-14 of this Code, or if the

5 respondent fails to answer or appear in accordance

6 with the date set in the publication notice or the

7 return date indicated on the service of a household

8 member.

9 (2) A final civil no contact order may be entered by

10 default for any of the remedies provided in Section

11 112A-14.5 of this Code, if the respondent has been served

12 with documents under subsection (b) or (c) of this

13 Section, and if the respondent fails to answer or appear

14 in accordance with the date set in the publication notice

15 or the return date indicated on the service of a household

16 member.

17 (3) A final stalking no contact order may be entered

18 by default for any of the remedies provided by Section

19 112A-14.7 of this Code, if the respondent has been served

20 with documents under subsection (b) or (c) of this Section

21 and if the respondent fails to answer or appear in

22 accordance with the date set in the publication notice or

23 the return date indicated on the service of a household

24 member.

25 (Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.)

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1 (725 ILCS 5/112A-11.1)

2 Sec. 112A-11.1. Procedure for determining whether certain

3 misdemeanor crimes are crimes of domestic violence for

4 purposes of federal law.

5 (a) When a defendant has been charged with a violation of

6 Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the

7 Criminal Code of 1961 or the Criminal Code of 2012, the State

8 may, at arraignment or no later than 45 days after

9 arraignment, for the purpose of notification to the Illinois

10 State Police ~~Firearm Owner's Identification Card Office~~, serve

11 on the defendant and file with the court a notice alleging that

12 conviction of the offense would subject the defendant to the

13 prohibitions of 18 U.S.C. 922(g)(9) because of the

14 relationship between the defendant and the alleged victim and

15 the nature of the alleged offense.

16 (b) The notice shall include the name of the person

17 alleged to be the victim of the crime and shall specify the

18 nature of the alleged relationship as set forth in 18 U.S.C.

19 921(a)(33)(A)(ii). It shall also specify the element of the

20 charged offense which requires the use or attempted use of

21 physical force, or the threatened use of a deadly weapon, as

22 set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include

23 notice that the defendant is entitled to a hearing on the

24 allegation contained in the notice and that if the allegation

25 is sustained, that determination and conviction shall be

26 reported to the Illinois State Police ~~Firearm Owner's~~

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1 ~~Identification Card Office~~.

2 (c) After having been notified as provided in subsection

3 (b) of this Section, the defendant may stipulate or admit,

4 orally on the record or in writing, that conviction of the

5 offense would subject the defendant to the prohibitions of 18

6 U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.

7 922(g)(9) shall be deemed established for purposes of Section

8 112A-11.2. If the defendant denies the applicability of 18

9 U.S.C. 922(g)(9) as alleged in the notice served by the State,

10 or stands mute with respect to that allegation, then the State

11 shall bear the burden to prove beyond a reasonable doubt that

12 the offense is one to which the prohibitions of 18 U.S.C.

13 922(g)(9) apply. The court may consider reliable hearsay

14 evidence submitted by either party provided that it is

15 relevant to the determination of the allegation. Facts

16 previously proven at trial or elicited at the time of entry of

17 a plea of guilty shall be deemed established beyond a

18 reasonable doubt and shall not be relitigated. At the

19 conclusion of the hearing, or upon a stipulation or admission,

20 as applicable, the court shall make a specific written

21 determination with respect to the allegation.

22 (Source: P.A. 102-538, eff. 8-20-21.)

23 (725 ILCS 5/112A-11.2)

24 Sec. 112A-11.2. Notification to the Illinois State Police

25 ~~Firearm Owner's Identification Card Office~~ of determinations

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1 in certain misdemeanor cases. Upon judgment of conviction of a

2 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or

3 12-3.5 of the Criminal Code of 1961 or the Criminal Code of

4 2012 when the defendant has been determined, under Section

5 112A-11.1, to be subject to the prohibitions of 18 U.S.C.

6 922(g)(9), the circuit court clerk shall include notification

7 and a copy of the written determination in a report of the

8 conviction to the Illinois State Police ~~Firearm Owner's~~

9 ~~Identification Card Office~~ to enable the office to report that

10 determination to the Federal Bureau of Investigation and

11 assist the Bureau in identifying persons prohibited from

12 purchasing and possessing a firearm pursuant to the provisions

13 of 18 U.S.C. 922.

14 (Source: P.A. 102-538, eff. 8-20-21.)

15 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)

16 Sec. 112A-14. Domestic violence order of protection;

17 remedies.

18 (a) (Blank).

19 (b) The court may order any of the remedies listed in this

20 subsection (b). The remedies listed in this subsection (b)

21 shall be in addition to other civil or criminal remedies

22 available to petitioner.

23 (1) Prohibition of abuse. Prohibit respondent's

24 harassment, interference with personal liberty,

25 intimidation of a dependent, physical abuse, or willful

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1 deprivation, as defined in this Article, if such abuse has

2 occurred or otherwise appears likely to occur if not

3 prohibited.

4 (2) Grant of exclusive possession of residence.

5 Prohibit respondent from entering or remaining in any

6 residence, household, or premises of the petitioner,

7 including one owned or leased by respondent, if petitioner

8 has a right to occupancy thereof. The grant of exclusive

9 possession of the residence, household, or premises shall

10 not affect title to real property, nor shall the court be

11 limited by the standard set forth in subsection (c-2) of

12 Section 501 of the Illinois Marriage and Dissolution of

13 Marriage Act.

14 (A) Right to occupancy. A party has a right to

15 occupancy of a residence or household if it is solely

16 or jointly owned or leased by that party, that party's

17 spouse, a person with a legal duty to support that

18 party or a minor child in that party's care, or by any

19 person or entity other than the opposing party that

20 authorizes that party's occupancy (e.g., a domestic

21 violence shelter). Standards set forth in subparagraph

22 (B) shall not preclude equitable relief.

23 (B) Presumption of hardships. If petitioner and

24 respondent each has the right to occupancy of a

25 residence or household, the court shall balance (i)

26 the hardships to respondent and any minor child or

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1 dependent adult in respondent's care resulting from

2 entry of this remedy with (ii) the hardships to

3 petitioner and any minor child or dependent adult in

4 petitioner's care resulting from continued exposure to

5 the risk of abuse (should petitioner remain at the

6 residence or household) or from loss of possession of

7 the residence or household (should petitioner leave to

8 avoid the risk of abuse). When determining the balance

9 of hardships, the court shall also take into account

10 the accessibility of the residence or household.

11 Hardships need not be balanced if respondent does not

12 have a right to occupancy.

13 The balance of hardships is presumed to favor

14 possession by petitioner unless the presumption is

15 rebutted by a preponderance of the evidence, showing

16 that the hardships to respondent substantially

17 outweigh the hardships to petitioner and any minor

18 child or dependent adult in petitioner's care. The

19 court, on the request of petitioner or on its own

20 motion, may order respondent to provide suitable,

21 accessible, alternate housing for petitioner instead

22 of excluding respondent from a mutual residence or

23 household.

24 (3) Stay away order and additional prohibitions. Order

25 respondent to stay away from petitioner or any other

26 person protected by the domestic violence order of

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1 protection, or prohibit respondent from entering or

2 remaining present at petitioner's school, place of

3 employment, or other specified places at times when

4 petitioner is present, or both, if reasonable, given the

5 balance of hardships. Hardships need not be balanced for

6 the court to enter a stay away order or prohibit entry if

7 respondent has no right to enter the premises.

8 (A) If a domestic violence order of protection

9 grants petitioner exclusive possession of the

10 residence, prohibits respondent from entering the

11 residence, or orders respondent to stay away from

12 petitioner or other protected persons, then the court

13 may allow respondent access to the residence to remove

14 items of clothing and personal adornment used

15 exclusively by respondent, medications, and other

16 items as the court directs. The right to access shall

17 be exercised on only one occasion as the court directs

18 and in the presence of an agreed-upon adult third

19 party or law enforcement officer.

20 (B) When the petitioner and the respondent attend

21 the same public, private, or non-public elementary,

22 middle, or high school, the court when issuing a

23 domestic violence order of protection and providing

24 relief shall consider the severity of the act, any

25 continuing physical danger or emotional distress to

26 the petitioner, the educational rights guaranteed to

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1 the petitioner and respondent under federal and State

2 law, the availability of a transfer of the respondent

3 to another school, a change of placement or a change of

4 program of the respondent, the expense, difficulty,

5 and educational disruption that would be caused by a

6 transfer of the respondent to another school, and any

7 other relevant facts of the case. The court may order

8 that the respondent not attend the public, private, or

9 non-public elementary, middle, or high school attended

10 by the petitioner, order that the respondent accept a

11 change of placement or change of program, as

12 determined by the school district or private or

13 non-public school, or place restrictions on the

14 respondent's movements within the school attended by

15 the petitioner. The respondent bears the burden of

16 proving by a preponderance of the evidence that a

17 transfer, change of placement, or change of program of

18 the respondent is not available. The respondent also

19 bears the burden of production with respect to the

20 expense, difficulty, and educational disruption that

21 would be caused by a transfer of the respondent to

22 another school. A transfer, change of placement, or

23 change of program is not unavailable to the respondent

24 solely on the ground that the respondent does not

25 agree with the school district's or private or

26 non-public school's transfer, change of placement, or

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1 change of program or solely on the ground that the

2 respondent fails or refuses to consent or otherwise

3 does not take an action required to effectuate a

4 transfer, change of placement, or change of program.

5 When a court orders a respondent to stay away from the

6 public, private, or non-public school attended by the

7 petitioner and the respondent requests a transfer to

8 another attendance center within the respondent's

9 school district or private or non-public school, the

10 school district or private or non-public school shall

11 have sole discretion to determine the attendance

12 center to which the respondent is transferred. If the

13 court order results in a transfer of the minor

14 respondent to another attendance center, a change in

15 the respondent's placement, or a change of the

16 respondent's program, the parents, guardian, or legal

17 custodian of the respondent is responsible for

18 transportation and other costs associated with the

19 transfer or change.

20 (C) The court may order the parents, guardian, or

21 legal custodian of a minor respondent to take certain

22 actions or to refrain from taking certain actions to

23 ensure that the respondent complies with the order. If

24 the court orders a transfer of the respondent to

25 another school, the parents, guardian, or legal

26 custodian of the respondent is responsible for

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1 transportation and other costs associated with the

2 change of school by the respondent.

3 (4) Counseling. Require or recommend the respondent to

4 undergo counseling for a specified duration with a social

5 worker, psychologist, clinical psychologist,

6 psychiatrist, family service agency, alcohol or substance

7 abuse program, mental health center guidance counselor,

8 agency providing services to elders, program designed for

9 domestic violence abusers, or any other guidance service

10 the court deems appropriate. The court may order the

11 respondent in any intimate partner relationship to report

12 to an Illinois Department of Human Services protocol

13 approved partner abuse intervention program for an

14 assessment and to follow all recommended treatment.

15 (5) Physical care and possession of the minor child.

16 In order to protect the minor child from abuse, neglect,

17 or unwarranted separation from the person who has been the

18 minor child's primary caretaker, or to otherwise protect

19 the well-being of the minor child, the court may do either

20 or both of the following: (i) grant petitioner physical

21 care or possession of the minor child, or both, or (ii)

22 order respondent to return a minor child to, or not remove

23 a minor child from, the physical care of a parent or person

24 in loco parentis.

25 If the respondent is charged with abuse (as defined in

26 Section 112A-3 of this Code) of a minor child, there shall

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1 be a rebuttable presumption that awarding physical care to

2 respondent would not be in the minor child's best

3 interest.

4 (6) Temporary allocation of parental responsibilities

5 and significant decision-making responsibilities. Award

6 temporary significant decision-making responsibility to

7 petitioner in accordance with this Section, the Illinois

8 Marriage and Dissolution of Marriage Act, the Illinois

9 Parentage Act of 2015, and this State's Uniform

10 Child-Custody Jurisdiction and Enforcement Act.

11 If the respondent is charged with abuse (as defined in

12 Section 112A-3 of this Code) of a minor child, there shall

13 be a rebuttable presumption that awarding temporary

14 significant decision-making responsibility to respondent

15 would not be in the child's best interest.

16 (7) Parenting time. Determine the parenting time, if

17 any, of respondent in any case in which the court awards

18 physical care or temporary significant decision-making

19 responsibility of a minor child to petitioner. The court

20 shall restrict or deny respondent's parenting time with a

21 minor child if the court finds that respondent has done or

22 is likely to do any of the following:

23 (i) abuse or endanger the minor child during

24 parenting time;

25 (ii) use the parenting time as an opportunity to

26 abuse or harass petitioner or petitioner's family or

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1 household members;

2 (iii) improperly conceal or detain the minor

3 child; or

4 (iv) otherwise act in a manner that is not in the

5 best interests of the minor child.

6 The court shall not be limited by the standards set

7 forth in Section 603.10 of the Illinois Marriage and

8 Dissolution of Marriage Act. If the court grants parenting

9 time, the order shall specify dates and times for the

10 parenting time to take place or other specific parameters

11 or conditions that are appropriate. No order for parenting

12 time shall refer merely to the term "reasonable parenting

13 time". Petitioner may deny respondent access to the minor

14 child if, when respondent arrives for parenting time,

15 respondent is under the influence of drugs or alcohol and

16 constitutes a threat to the safety and well-being of

17 petitioner or petitioner's minor children or is behaving

18 in a violent or abusive manner. If necessary to protect

19 any member of petitioner's family or household from future

20 abuse, respondent shall be prohibited from coming to

21 petitioner's residence to meet the minor child for

22 parenting time, and the petitioner and respondent shall

23 submit to the court their recommendations for reasonable

24 alternative arrangements for parenting time. A person may

25 be approved to supervise parenting time only after filing

26 an affidavit accepting that responsibility and

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1 acknowledging accountability to the court.

2 (8) Removal or concealment of minor child. Prohibit

3 respondent from removing a minor child from the State or

4 concealing the child within the State.

5 (9) Order to appear. Order the respondent to appear in

6 court, alone or with a minor child, to prevent abuse,

7 neglect, removal or concealment of the child, to return

8 the child to the custody or care of the petitioner, or to

9 permit any court-ordered interview or examination of the

10 child or the respondent.

11 (10) Possession of personal property. Grant petitioner

12 exclusive possession of personal property and, if

13 respondent has possession or control, direct respondent to

14 promptly make it available to petitioner, if:

15 (i) petitioner, but not respondent, owns the

16 property; or

17 (ii) the petitioner and respondent own the

18 property jointly; sharing it would risk abuse of

19 petitioner by respondent or is impracticable; and the

20 balance of hardships favors temporary possession by

21 petitioner.

22 If petitioner's sole claim to ownership of the

23 property is that it is marital property, the court may

24 award petitioner temporary possession thereof under the

25 standards of subparagraph (ii) of this paragraph only if a

26 proper proceeding has been filed under the Illinois

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1 Marriage and Dissolution of Marriage Act, as now or

2 hereafter amended.

3 No order under this provision shall affect title to

4 property.

5 (11) Protection of property. Forbid the respondent

6 from taking, transferring, encumbering, concealing,

7 damaging, or otherwise disposing of any real or personal

8 property, except as explicitly authorized by the court,

9 if:

10 (i) petitioner, but not respondent, owns the

11 property; or

12 (ii) the petitioner and respondent own the

13 property jointly, and the balance of hardships favors

14 granting this remedy.

15 If petitioner's sole claim to ownership of the

16 property is that it is marital property, the court may

17 grant petitioner relief under subparagraph (ii) of this

18 paragraph only if a proper proceeding has been filed under

19 the Illinois Marriage and Dissolution of Marriage Act, as

20 now or hereafter amended.

21 The court may further prohibit respondent from

22 improperly using the financial or other resources of an

23 aged member of the family or household for the profit or

24 advantage of respondent or of any other person.

25 (11.5) Protection of animals. Grant the petitioner the

26 exclusive care, custody, or control of any animal owned,

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1 possessed, leased, kept, or held by either the petitioner

2 or the respondent or a minor child residing in the

3 residence or household of either the petitioner or the

4 respondent and order the respondent to stay away from the

5 animal and forbid the respondent from taking,

6 transferring, encumbering, concealing, harming, or

7 otherwise disposing of the animal.

8 (12) Order for payment of support. Order respondent to

9 pay temporary support for the petitioner or any child in

10 the petitioner's care or over whom the petitioner has been

11 allocated parental responsibility, when the respondent has

12 a legal obligation to support that person, in accordance

13 with the Illinois Marriage and Dissolution of Marriage

14 Act, which shall govern, among other matters, the amount

15 of support, payment through the clerk and withholding of

16 income to secure payment. An order for child support may

17 be granted to a petitioner with lawful physical care of a

18 child, or an order or agreement for physical care of a

19 child, prior to entry of an order allocating significant

20 decision-making responsibility. Such a support order shall

21 expire upon entry of a valid order allocating parental

22 responsibility differently and vacating petitioner's

23 significant decision-making responsibility unless

24 otherwise provided in the order.

25 (13) Order for payment of losses. Order respondent to

26 pay petitioner for losses suffered as a direct result of

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1 the abuse. Such losses shall include, but not be limited

2 to, medical expenses, lost earnings or other support,

3 repair or replacement of property damaged or taken,

4 reasonable attorney's fees, court costs, and moving or

5 other travel expenses, including additional reasonable

6 expenses for temporary shelter and restaurant meals.

7 (i) Losses affecting family needs. If a party is

8 entitled to seek maintenance, child support, or

9 property distribution from the other party under the

10 Illinois Marriage and Dissolution of Marriage Act, as

11 now or hereafter amended, the court may order

12 respondent to reimburse petitioner's actual losses, to

13 the extent that such reimbursement would be

14 "appropriate temporary relief", as authorized by

15 subsection (a)(3) of Section 501 of that Act.

16 (ii) Recovery of expenses. In the case of an

17 improper concealment or removal of a minor child, the

18 court may order respondent to pay the reasonable

19 expenses incurred or to be incurred in the search for

20 and recovery of the minor child, including, but not

21 limited to, legal fees, court costs, private

22 investigator fees, and travel costs.

23 (14) Prohibition of entry. Prohibit the respondent

24 from entering or remaining in the residence or household

25 while the respondent is under the influence of alcohol or

26 drugs and constitutes a threat to the safety and

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1 well-being of the petitioner or the petitioner's children.

2 (14.5) Prohibition of firearm possession.

3 (A) A person who is subject to an existing

4 domestic violence order of protection issued under

5 this Code may not lawfully possess firearms, stun

6 guns, or tasers ~~weapons or a Firearm Owner's~~

7 ~~Identification Card under Section 8.2 of the Firearm~~

8 ~~Owners Identification Card Act~~.

9 (B) Any firearms in the possession of the

10 respondent, except as provided in subparagraph (C) of

11 this paragraph (14.5), shall be ordered by the court

12 to be turned over to a person who is not prohibited

13 under State or federal law from possessing firearms

14 ~~with a valid Firearm Owner's Identification Card for~~

15 ~~safekeeping~~. ~~The court shall issue an order that the~~

16 ~~respondent comply with Section 9.5 of the Firearm~~

17 ~~Owners Identification Card Act.~~

18 (C) If the respondent is a peace officer as

19 defined in Section 2-13 of the Criminal Code of 2012,

20 the court shall order that any firearms used by the

21 respondent in the performance of his or her duties as a

22 peace officer be surrendered to the chief law

23 enforcement executive of the agency in which the

24 respondent is employed, who shall retain the firearms

25 for safekeeping for the duration of the domestic

26 violence order of protection.

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1 (D) Upon expiration of the period of safekeeping,

2 if the firearms ~~or Firearm Owner's Identification Card~~

3 cannot be returned to respondent because respondent

4 cannot be located, fails to respond to requests to

5 retrieve the firearms, or is not lawfully eligible to

6 possess a firearm, upon petition from the local law

7 enforcement agency, the court may order the local law

8 enforcement agency to destroy the firearms, use the

9 firearms for training purposes, or for any other

10 application as deemed appropriate by the local law

11 enforcement agency; or that the firearms be turned

12 over to a third party who is lawfully eligible to

13 possess firearms, and who does not reside with

14 respondent.

15 (15) Prohibition of access to records. If a domestic

16 violence order of protection prohibits respondent from

17 having contact with the minor child, or if petitioner's

18 address is omitted under subsection (b) of Section 112A-5

19 of this Code, or if necessary to prevent abuse or wrongful

20 removal or concealment of a minor child, the order shall

21 deny respondent access to, and prohibit respondent from

22 inspecting, obtaining, or attempting to inspect or obtain,

23 school or any other records of the minor child who is in

24 the care of petitioner.

25 (16) Order for payment of shelter services. Order

26 respondent to reimburse a shelter providing temporary

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1 housing and counseling services to the petitioner for the

2 cost of the services, as certified by the shelter and

3 deemed reasonable by the court.

4 (17) Order for injunctive relief. Enter injunctive

5 relief necessary or appropriate to prevent further abuse

6 of a family or household member or to effectuate one of the

7 granted remedies, if supported by the balance of

8 hardships. If the harm to be prevented by the injunction

9 is abuse or any other harm that one of the remedies listed

10 in paragraphs (1) through (16) of this subsection is

11 designed to prevent, no further evidence is necessary to

12 establish that the harm is an irreparable injury.

13 (18) Telephone services.

14 (A) Unless a condition described in subparagraph

15 (B) of this paragraph exists, the court may, upon

16 request by the petitioner, order a wireless telephone

17 service provider to transfer to the petitioner the

18 right to continue to use a telephone number or numbers

19 indicated by the petitioner and the financial

20 responsibility associated with the number or numbers,

21 as set forth in subparagraph (C) of this paragraph. In

22 this paragraph (18), the term "wireless telephone

23 service provider" means a provider of commercial

24 mobile service as defined in 47 U.S.C. 332. The

25 petitioner may request the transfer of each telephone

26 number that the petitioner, or a minor child in his or

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1 her custody, uses. The clerk of the court shall serve

2 the order on the wireless telephone service provider's

3 agent for service of process provided to the Illinois

4 Commerce Commission. The order shall contain all of

5 the following:

6 (i) The name and billing telephone number of

7 the account holder including the name of the

8 wireless telephone service provider that serves

9 the account.

10 (ii) Each telephone number that will be

11 transferred.

12 (iii) A statement that the provider transfers

13 to the petitioner all financial responsibility for

14 and right to the use of any telephone number

15 transferred under this paragraph.

16 (B) A wireless telephone service provider shall

17 terminate the respondent's use of, and shall transfer

18 to the petitioner use of, the telephone number or

19 numbers indicated in subparagraph (A) of this

20 paragraph unless it notifies the petitioner, within 72

21 hours after it receives the order, that one of the

22 following applies:

23 (i) The account holder named in the order has

24 terminated the account.

25 (ii) A difference in network technology would

26 prevent or impair the functionality of a device on

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1 a network if the transfer occurs.

2 (iii) The transfer would cause a geographic or

3 other limitation on network or service provision

4 to the petitioner.

5 (iv) Another technological or operational

6 issue would prevent or impair the use of the

7 telephone number if the transfer occurs.

8 (C) The petitioner assumes all financial

9 responsibility for and right to the use of any

10 telephone number transferred under this paragraph. In

11 this paragraph, "financial responsibility" includes

12 monthly service costs and costs associated with any

13 mobile device associated with the number.

14 (D) A wireless telephone service provider may

15 apply to the petitioner its routine and customary

16 requirements for establishing an account or

17 transferring a number, including requiring the

18 petitioner to provide proof of identification,

19 financial information, and customer preferences.

20 (E) Except for willful or wanton misconduct, a

21 wireless telephone service provider is immune from

22 civil liability for its actions taken in compliance

23 with a court order issued under this paragraph.

24 (F) All wireless service providers that provide

25 services to residential customers shall provide to the

26 Illinois Commerce Commission the name and address of

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1 an agent for service of orders entered under this

2 paragraph (18). Any change in status of the registered

3 agent must be reported to the Illinois Commerce

4 Commission within 30 days of such change.

5 (G) The Illinois Commerce Commission shall

6 maintain the list of registered agents for service for

7 each wireless telephone service provider on the

8 Commission's website. The Commission may consult with

9 wireless telephone service providers and the Circuit

10 Court Clerks on the manner in which this information

11 is provided and displayed.

12 (c) Relevant factors; findings.

13 (1) In determining whether to grant a specific remedy,

14 other than payment of support, the court shall consider

15 relevant factors, including, but not limited to, the

16 following:

17 (i) the nature, frequency, severity, pattern, and

18 consequences of the respondent's past abuse of the

19 petitioner or any family or household member,

20 including the concealment of his or her location in

21 order to evade service of process or notice, and the

22 likelihood of danger of future abuse to petitioner or

23 any member of petitioner's or respondent's family or

24 household; and

25 (ii) the danger that any minor child will be

26 abused or neglected or improperly relocated from the

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1 jurisdiction, improperly concealed within the State,

2 or improperly separated from the child's primary

3 caretaker.

4 (2) In comparing relative hardships resulting to the

5 parties from loss of possession of the family home, the

6 court shall consider relevant factors, including, but not

7 limited to, the following:

8 (i) availability, accessibility, cost, safety,

9 adequacy, location, and other characteristics of

10 alternate housing for each party and any minor child

11 or dependent adult in the party's care;

12 (ii) the effect on the party's employment; and

13 (iii) the effect on the relationship of the party,

14 and any minor child or dependent adult in the party's

15 care, to family, school, church, and community.

16 (3) Subject to the exceptions set forth in paragraph

17 (4) of this subsection (c), the court shall make its

18 findings in an official record or in writing, and shall at

19 a minimum set forth the following:

20 (i) That the court has considered the applicable

21 relevant factors described in paragraphs (1) and (2)

22 of this subsection (c).

23 (ii) Whether the conduct or actions of respondent,

24 unless prohibited, will likely cause irreparable harm

25 or continued abuse.

26 (iii) Whether it is necessary to grant the

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1 requested relief in order to protect petitioner or

2 other alleged abused persons.

3 (4) (Blank).

4 (5) Never married parties. No rights or

5 responsibilities for a minor child born outside of

6 marriage attach to a putative father until a father and

7 child relationship has been established under the Illinois

8 Parentage Act of 1984, the Illinois Parentage Act of 2015,

9 the Illinois Public Aid Code, Section 12 of the Vital

10 Records Act, the Juvenile Court Act of 1987, the Probate

11 Act of 1975, the Uniform Interstate Family Support Act,

12 the Expedited Child Support Act of 1990, any judicial,

13 administrative, or other act of another state or

14 territory, any other statute of this State, or by any

15 foreign nation establishing the father and child

16 relationship, any other proceeding substantially in

17 conformity with the federal Personal Responsibility and

18 Work Opportunity Reconciliation Act of 1996, or when both

19 parties appeared in open court or at an administrative

20 hearing acknowledging under oath or admitting by

21 affirmation the existence of a father and child

22 relationship. Absent such an adjudication, no putative

23 father shall be granted temporary allocation of parental

24 responsibilities, including parenting time with the minor

25 child, or physical care and possession of the minor child,

26 nor shall an order of payment for support of the minor

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1 child be entered.

2 (d) Balance of hardships; findings. If the court finds

3 that the balance of hardships does not support the granting of

4 a remedy governed by paragraph (2), (3), (10), (11), or (16) of

5 subsection (b) of this Section, which may require such

6 balancing, the court's findings shall so indicate and shall

7 include a finding as to whether granting the remedy will

8 result in hardship to respondent that would substantially

9 outweigh the hardship to petitioner from denial of the remedy.

10 The findings shall be an official record or in writing.

11 (e) Denial of remedies. Denial of any remedy shall not be

12 based, in whole or in part, on evidence that:

13 (1) respondent has cause for any use of force, unless

14 that cause satisfies the standards for justifiable use of

15 force provided by Article 7 of the Criminal Code of 2012;

16 (2) respondent was voluntarily intoxicated;

17 (3) petitioner acted in self-defense or defense of

18 another, provided that, if petitioner utilized force, such

19 force was justifiable under Article 7 of the Criminal Code

20 of 2012;

21 (4) petitioner did not act in self-defense or defense

22 of another;

23 (5) petitioner left the residence or household to

24 avoid further abuse by respondent;

25 (6) petitioner did not leave the residence or

26 household to avoid further abuse by respondent; or

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1 (7) conduct by any family or household member excused

2 the abuse by respondent, unless that same conduct would

3 have excused such abuse if the parties had not been family

4 or household members.

5 (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;

6 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

7 (725 ILCS 5/112A-14.7)

8 Sec. 112A-14.7. Stalking no contact order; remedies.

9 (a) The court may order any of the remedies listed in this

10 Section. The remedies listed in this Section shall be in

11 addition to other civil or criminal remedies available to

12 petitioner. A stalking no contact order shall order one or

13 more of the following:

14 (1) prohibit the respondent from threatening to commit

15 or committing stalking;

16 (2) order the respondent not to have any contact with

17 the petitioner or a third person specifically named by the

18 court;

19 (3) prohibit the respondent from knowingly coming

20 within, or knowingly remaining within a specified distance

21 of the petitioner or the petitioner's residence, school,

22 daycare, or place of employment, or any specified place

23 frequented by the petitioner; however, the court may order

24 the respondent to stay away from the respondent's own

25 residence, school, or place of employment only if the

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1 respondent has been provided actual notice of the

2 opportunity to appear and be heard on the petition;

3 (4) prohibit the respondent from ~~possessing a Firearm~~

4 ~~Owners Identification Card, or~~ possessing or buying

5 firearms; and

6 (5) order other injunctive relief the court determines

7 to be necessary to protect the petitioner or third party

8 specifically named by the court.

9 (b) When the petitioner and the respondent attend the same

10 public, private, or non-public elementary, middle, or high

11 school, the court when issuing a stalking no contact order and

12 providing relief shall consider the severity of the act, any

13 continuing physical danger or emotional distress to the

14 petitioner, the educational rights guaranteed to the

15 petitioner and respondent under federal and State law, the

16 availability of a transfer of the respondent to another

17 school, a change of placement or a change of program of the

18 respondent, the expense, difficulty, and educational

19 disruption that would be caused by a transfer of the

20 respondent to another school, and any other relevant facts of

21 the case. The court may order that the respondent not attend

22 the public, private, or non-public elementary, middle, or high

23 school attended by the petitioner, order that the respondent

24 accept a change of placement or program, as determined by the

25 school district or private or non-public school, or place

26 restrictions on the respondent's movements within the school

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1 attended by the petitioner. The respondent bears the burden of

2 proving by a preponderance of the evidence that a transfer,

3 change of placement, or change of program of the respondent is

4 not available. The respondent also bears the burden of

5 production with respect to the expense, difficulty, and

6 educational disruption that would be caused by a transfer of

7 the respondent to another school. A transfer, change of

8 placement, or change of program is not unavailable to the

9 respondent solely on the ground that the respondent does not

10 agree with the school district's or private or non-public

11 school's transfer, change of placement, or change of program

12 or solely on the ground that the respondent fails or refuses to

13 consent to or otherwise does not take an action required to

14 effectuate a transfer, change of placement, or change of

15 program. When a court orders a respondent to stay away from the

16 public, private, or non-public school attended by the

17 petitioner and the respondent requests a transfer to another

18 attendance center within the respondent's school district or

19 private or non-public school, the school district or private

20 or non-public school shall have sole discretion to determine

21 the attendance center to which the respondent is transferred.

22 If the court order results in a transfer of the minor

23 respondent to another attendance center, a change in the

24 respondent's placement, or a change of the respondent's

25 program, the parents, guardian, or legal custodian of the

26 respondent is responsible for transportation and other costs

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1 associated with the transfer or change.

2 (c) The court may order the parents, guardian, or legal

3 custodian of a minor respondent to take certain actions or to

4 refrain from taking certain actions to ensure that the

5 respondent complies with the order. If the court orders a

6 transfer of the respondent to another school, the parents,

7 guardian, or legal custodian of the respondent are responsible

8 for transportation and other costs associated with the change

9 of school by the respondent.

10 (d) The court shall not hold a school district or private

11 or non-public school or any of its employees in civil or

12 criminal contempt unless the school district or private or

13 non-public school has been allowed to intervene.

14 (e) The court may hold the parents, guardian, or legal

15 custodian of a minor respondent in civil or criminal contempt

16 for a violation of any provision of any order entered under

17 this Article for conduct of the minor respondent in violation

18 of this Article if the parents, guardian, or legal custodian

19 directed, encouraged, or assisted the respondent minor in the

20 conduct.

21 (f) Monetary damages are not recoverable as a remedy.

22 (g) If the stalking no contact order prohibits the

23 respondent from ~~possessing a Firearm Owner's Identification~~

24 ~~Card, or~~ possessing or buying firearms; the court shall

25 confiscate the respondent's firearms and firearm ammunition

26 ~~Firearm Owner's Identification Card and immediately return the~~

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1 ~~card to the Illinois State Police Firearm Owner's~~

2 ~~Identification Card Office~~.

3 (Source: P.A. 102-538, eff. 8-20-21.)

4 (725 ILCS 5/112A-17.5)

5 Sec. 112A-17.5. Ex parte protective orders.

6 (a) The petitioner may request expedited consideration of

7 the petition for an ex parte protective order. The court shall

8 consider the request on an expedited basis without requiring

9 the respondent's presence or requiring notice to the

10 respondent.

11 (b) Issuance of ex parte protective orders in cases

12 involving domestic violence. An ex parte domestic violence

13 order of protection shall be issued if petitioner satisfies

14 the requirements of this subsection (b) for one or more of the

15 requested remedies. For each remedy requested, petitioner

16 shall establish that:

17 (1) the court has jurisdiction under Section 112A-9 of

18 this Code;

19 (2) the requirements of subsection (a) of Section

20 112A-11.5 of this Code are satisfied; and

21 (3) there is good cause to grant the remedy,

22 regardless of prior service of process or notice upon the

23 respondent, because:

24 (A) for the remedy of prohibition of abuse

25 described in paragraph (1) of subsection (b) of

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1 Section 112A-14 of this Code; stay away order and

2 additional prohibitions described in paragraph (3) of

3 subsection (b) of Section 112A-14 of this Code;

4 removal or concealment of minor child described in

5 paragraph (8) of subsection (b) of Section 112A-14 of

6 this Code; order to appear described in paragraph (9)

7 of subsection (b) of Section 112A-14 of this Code;

8 physical care and possession of the minor child

9 described in paragraph (5) of subsection (b) of

10 Section 112A-14 of this Code; protection of property

11 described in paragraph (11) of subsection (b) of

12 Section 112A-14 of this Code; prohibition of entry

13 described in paragraph (14) of subsection (b) of

14 Section 112A-14 of this Code; prohibition of firearm

15 possession described in paragraph (14.5) of subsection

16 (b) of Section 112A-14 of this Code; prohibition of

17 access to records described in paragraph (15) of

18 subsection (b) of Section 112A-14 of this Code;

19 injunctive relief described in paragraph (16) of

20 subsection (b) of Section 112A-14 of this Code; and

21 telephone services described in paragraph (18) of

22 subsection (b) of Section 112A-14 of this Code, the

23 harm which that remedy is intended to prevent would be

24 likely to occur if the respondent were given any prior

25 notice, or greater notice than was actually given, of

26 the petitioner's efforts to obtain judicial relief;

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1 (B) for the remedy of grant of exclusive

2 possession of residence described in paragraph (2) of

3 subsection (b) of Section 112A-14 of this Code; the

4 immediate danger of further abuse of the petitioner by

5 the respondent, if the petitioner chooses or had

6 chosen to remain in the residence or household while

7 the respondent was given any prior notice or greater

8 notice than was actually given of the petitioner's

9 efforts to obtain judicial relief outweighs the

10 hardships to the respondent of an emergency order

11 granting the petitioner exclusive possession of the

12 residence or household; and the remedy shall not be

13 denied because the petitioner has or could obtain

14 temporary shelter elsewhere while prior notice is

15 given to the respondent, unless the hardship to the

16 respondent from exclusion from the home substantially

17 outweigh the hardship to the petitioner; or

18 (C) for the remedy of possession of personal

19 property described in paragraph (10) of subsection (b)

20 of Section 112A-14 of this Code; improper disposition

21 of the personal property would be likely to occur if

22 the respondent were given any prior notice, or greater

23 notice than was actually given, of the petitioner's

24 efforts to obtain judicial relief or the petitioner

25 has an immediate and pressing need for the possession

26 of that property.

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1 An ex parte domestic violence order of protection may not

2 include the counseling, custody, or payment of support or

3 monetary compensation remedies provided by paragraphs (4),

4 (12), (13), and (16) of subsection (b) of Section 112A-14 of

5 this Code.

6 (c) Issuance of ex parte civil no contact order in cases

7 involving sexual offenses. An ex parte civil no contact order

8 shall be issued if the petitioner establishes that:

9 (1) the court has jurisdiction under Section 112A-9 of

10 this Code;

11 (2) the requirements of subsection (a) of Section

12 112A-11.5 of this Code are satisfied; and

13 (3) there is good cause to grant the remedy,

14 regardless of prior service of process or of notice upon

15 the respondent, because the harm which that remedy is

16 intended to prevent would be likely to occur if the

17 respondent were given any prior notice, or greater notice

18 than was actually given, of the petitioner's efforts to

19 obtain judicial relief.

20 The court may order any of the remedies under Section

21 112A-14.5 of this Code.

22 (d) Issuance of ex parte stalking no contact order in

23 cases involving stalking offenses. An ex parte stalking no

24 contact order shall be issued if the petitioner establishes

25 that:

26 (1) the court has jurisdiction under Section 112A-9 of

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1 this Code;

2 (2) the requirements of subsection (a) of Section

3 112A-11.5 of this Code are satisfied; and

4 (3) there is good cause to grant the remedy,

5 regardless of prior service of process or of notice upon

6 the respondent, because the harm which that remedy is

7 intended to prevent would be likely to occur if the

8 respondent were given any prior notice, or greater notice

9 than was actually given, of the petitioner's efforts to

10 obtain judicial relief.

11 The court may order any of the remedies under Section

12 112A-14.7 of this Code.

13 (e) Issuance of ex parte protective orders on court

14 holidays and evenings.

15 When the court is unavailable at the close of business,

16 the petitioner may file a petition for an ex parte protective

17 order before any available circuit judge or associate judge

18 who may grant relief under this Article. If the judge finds

19 that petitioner has satisfied the prerequisites in subsection

20 (b), (c), or (d) of this Section, the judge shall issue an ex

21 parte protective order.

22 The chief judge of the circuit court may designate for

23 each county in the circuit at least one judge to be reasonably

24 available to issue orally, by telephone, by facsimile, or

25 otherwise, an ex parte protective order at all times, whether

26 or not the court is in session.

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1 The judge who issued the order under this Section shall

2 promptly communicate or convey the order to the sheriff to

3 facilitate the entry of the order into the Law Enforcement

4 Agencies Data System by the Illinois State Police under

5 Section 112A-28 of this Code. Any order issued under this

6 Section and any documentation in support of it shall be

7 certified on the next court day to the appropriate court. The

8 clerk of that court shall immediately assign a case number,

9 file the petition, order, and other documents with the court

10 and enter the order of record and file it with the sheriff for

11 service under subsection (f) of this Section. Failure to

12 comply with the requirements of this subsection (e) shall not

13 affect the validity of the order.

14 (f) Service of ex parte protective order on respondent.

15 (1) If an ex parte protective order is entered at the

16 time a summons or arrest warrant is issued for the

17 criminal charge, the petition for the protective order,

18 any supporting affidavits, if any, and the ex parte

19 protective order that has been issued shall be served with

20 the summons or arrest warrant. The enforcement of a

21 protective order under Section 112A-23 of this Code shall

22 not be affected by the lack of service or delivery,

23 provided the requirements of subsection (a) of Section

24 112A-23 of this Code are otherwise met.

25 (2) If an ex parte protective order is entered after a

26 summons or arrest warrant is issued and before the

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1 respondent makes an initial appearance in the criminal

2 case, the summons shall be in the form prescribed by

3 subsection (d) of Supreme Court Rule 101, except that it

4 shall require respondent to answer or appear within 7 days

5 and shall be accompanied by the petition for the

6 protective order, any supporting affidavits, if any, and

7 the ex parte protective order that has been issued.

8 (3) If an ex parte protective order is entered after

9 the respondent has been served notice of a petition for a

10 final protective order and the respondent has requested a

11 continuance to respond to the petition, the ex parte

12 protective order shall be served: (A) in open court if the

13 respondent is present at the proceeding at which the order

14 was entered; or (B) by summons in the form prescribed by

15 subsection (d) of Supreme Court Rule 101.

16 (4) No fee shall be charged for service of summons.

17 (5) The summons shall be served by the sheriff or

18 other law enforcement officer at the earliest time and

19 shall take precedence over other summonses except those of

20 a similar emergency nature. Special process servers may be

21 appointed at any time, and their designation shall not

22 affect the responsibilities and authority of the sheriff

23 or other official process servers. In a county with a

24 population over 3,000,000, a special process server may

25 not be appointed if an ex parte protective order grants

26 the surrender of a child~~, the surrender of a firearm or~~

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1 ~~Firearm Owner's Identification Card,~~ or the exclusive

2 possession of a shared residence. Process may be served in

3 court.

4 (g) Upon 7 days' notice to the petitioner, or a shorter

5 notice period as the court may prescribe, a respondent subject

6 to an ex parte protective order may appear and petition the

7 court to re-hear the petition. Any petition to re-hear shall

8 be verified and shall allege the following:

9 (1) that respondent did not receive prior notice of

10 the initial hearing in which the ex parte protective order

11 was entered under Section 112A-17.5 of this Code; and

12 (2) that respondent had a meritorious defense to the

13 order or any of its remedies or that the order or any of

14 its remedies was not authorized under this Article.

15 The verified petition and affidavit shall set forth the

16 evidence of the meritorious defense that will be presented at

17 a hearing. If the court finds that the evidence presented at

18 the hearing on the petition establishes a meritorious defense

19 by a preponderance of the evidence, the court may decide to

20 vacate the protective order or modify the remedies.

21 (h) If the ex parte protective order granted petitioner

22 exclusive possession of the residence and the petition of

23 respondent seeks to re-open or vacate that grant, the court

24 shall set a date for hearing within 14 days on all issues

25 relating to exclusive possession. Under no circumstances shall

26 a court continue a hearing concerning exclusive possession

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1 beyond the 14th day except by agreement of the petitioner and

2 the respondent. Other issues raised by the pleadings may be

3 consolidated for the hearing if the petitioner, the

4 respondent, and the court do not object.

5 (i) Duration of ex parte protective order. An ex parte

6 order shall remain in effect until the court considers the

7 request for a final protective order after notice has been

8 served on the respondent or a default final protective order

9 is entered, whichever occurs first. If a court date is

10 scheduled for the issuance of a default protective order and

11 the petitioner fails to personally appear or appear through

12 counsel or the prosecuting attorney, the petition shall be

13 dismissed and the ex parte order terminated.

14 (Source: P.A. 102-538, eff. 8-20-21.)

15 Section 90. The Unified Code of Corrections is amended by

16 changing Sections 3-2-10.5, 3-2-13, 5-5-3, 5-5-3.2, and 5-6-3

17 as follows:

18 (730 ILCS 5/3-2-10.5)

19 Sec. 3-2-10.5. Retiring security employees and parole

20 agents; purchase of service firearm and badge. The Director

21 shall establish a program to allow a security employee or

22 parole agent of the Department who is honorably retiring in

23 good standing to purchase either one or both of the following:

24 (1) any badge previously issued to the security employee or

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1 parole agent by the Department; or (2) ~~if the security~~

2 ~~employee or parole agent has a currently valid Firearm Owner's~~

3 ~~Identification Card,~~ the service firearm issued or previously

4 issued to the security employee or parole agent by the

5 Department. The badge must be permanently and conspicuously

6 marked in such a manner that the individual who possesses the

7 badge is not mistaken for an actively serving law enforcement

8 officer. The cost of the firearm shall be the replacement

9 value of the firearm and not the firearm's fair market value.

10 (Source: P.A. 102-719, eff. 5-6-22.)

11 (730 ILCS 5/3-2-13)

12 Sec. 3-2-13. Possession of a Firearm Owner's

13 Identification Card. The Department of Corrections shall not

14 make possession of a Firearm Owner's Identification Card a

15 condition of continued employment as a Department employee

16 authorized to possess firearms if the employee's Firearm

17 Owner's Identification Card is revoked or seized because the

18 employee has been a patient of a mental health facility and the

19 employee has not been determined to pose a clear and present

20 danger to himself, herself, or others as determined by a

21 physician, clinical psychologist, or qualified examiner.

22 Nothing in this Section shall otherwise impair the

23 Department's ability to determine an employee's fitness for

24 duty. A collective bargaining agreement already in effect on

25 this issue on January 1, 2022 (the effective date of Public Act

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1 102-645) cannot be modified~~, but on or after January 1, 2022~~

2 ~~(the effective date of Public Act 102-645), the Department~~

3 ~~cannot require a Firearm Owner's Identification Card as a~~

4 ~~condition of continued employment in a collective bargaining~~

5 ~~agreement~~. The Department shall document if and why an

6 employee has been determined to pose a clear and present

7 danger. In this Section, "mental health facility" and

8 "qualified examiner" have the meanings provided in the Mental

9 Health and Developmental Disabilities Code.

10 (Source: P.A. 102-645, eff. 1-1-22; 103-605, eff. 7-1-24.)

11 (730 ILCS 5/5-5-3)

12 Sec. 5-5-3. Disposition.

13 (a) (Blank).

14 (b) (Blank).

15 (c)(1) (Blank).

16 (2) A period of probation, a term of periodic imprisonment

17 or conditional discharge shall not be imposed for the

18 following offenses. The court shall sentence the offender to

19 not less than the minimum term of imprisonment set forth in

20 this Code for the following offenses, and may order a fine or

21 restitution or both in conjunction with such term of

22 imprisonment:

23 (A) First degree murder.

24 (B) Attempted first degree murder.

25 (C) A Class X felony.

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1 (D) A violation of Section 401.1 or 407 of the

2 Illinois Controlled Substances Act, or a violation of

3 subdivision (c)(1.5) of Section 401 of that Act which

4 relates to more than 5 grams of a substance containing

5 fentanyl or an analog thereof.

6 (D-5) A violation of subdivision (c)(1) of Section 401

7 of the Illinois Controlled Substances Act which relates to

8 3 or more grams of a substance containing heroin or an

9 analog thereof.

10 (E) (Blank).

11 (F) A Class 1 or greater felony if the offender had

12 been convicted of a Class 1 or greater felony, including

13 any state or federal conviction for an offense that

14 contained, at the time it was committed, the same elements

15 as an offense now (the date of the offense committed after

16 the prior Class 1 or greater felony) classified as a Class

17 1 or greater felony, within 10 years of the date on which

18 the offender committed the offense for which he or she is

19 being sentenced, except as otherwise provided in Section

20 40-10 of the Substance Use Disorder Act.

21 (F-3) A Class 2 or greater felony sex offense or

22 felony firearm offense if the offender had been convicted

23 of a Class 2 or greater felony, including any state or

24 federal conviction for an offense that contained, at the

25 time it was committed, the same elements as an offense now

26 (the date of the offense committed after the prior Class 2

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1 or greater felony) classified as a Class 2 or greater

2 felony, within 10 years of the date on which the offender

3 committed the offense for which he or she is being

4 sentenced, except as otherwise provided in Section 40-10

5 of the Substance Use Disorder Act.

6 (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6

7 of the Criminal Code of 1961 or the Criminal Code of 2012

8 for which imprisonment is prescribed in those Sections.

9 (G) Residential burglary, except as otherwise provided

10 in Section 40-10 of the Substance Use Disorder Act.

11 (H) Criminal sexual assault.

12 (I) Aggravated battery of a senior citizen as

13 described in Section 12-4.6 or subdivision (a)(4) of

14 Section 12-3.05 of the Criminal Code of 1961 or the

15 Criminal Code of 2012.

16 (J) A forcible felony if the offense was related to

17 the activities of an organized gang.

18 Before July 1, 1994, for the purposes of this

19 paragraph, "organized gang" means an association of 5 or

20 more persons, with an established hierarchy, that

21 encourages members of the association to perpetrate crimes

22 or provides support to the members of the association who

23 do commit crimes.

24 Beginning July 1, 1994, for the purposes of this

25 paragraph, "organized gang" has the meaning ascribed to it

26 in Section 10 of the Illinois Streetgang Terrorism Omnibus

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1 Prevention Act.

2 (K) Vehicular hijacking.

3 (L) A second or subsequent conviction for the offense

4 of hate crime when the underlying offense upon which the

5 hate crime is based is felony aggravated assault or felony

6 mob action.

7 (M) A second or subsequent conviction for the offense

8 of institutional vandalism if the damage to the property

9 exceeds $300.

10 (N) A Class 3 felony violation of paragraph (1) of

11 subsection (a) of Section 2 of the Firearm Owners

12 Identification Card Act committed before the effective

13 date of this amendatory Act of the 104th General Assembly.

14 (O) A violation of Section 12-6.1 or 12-6.5 of the

15 Criminal Code of 1961 or the Criminal Code of 2012.

16 (P) A violation of paragraph (1), (2), (3), (4), (5),

17 or (7) of subsection (a) of Section 11-20.1 of the

18 Criminal Code of 1961 or the Criminal Code of 2012.

19 (P-5) A violation of paragraph (6) of subsection (a)

20 of Section 11-20.1 of the Criminal Code of 1961 or the

21 Criminal Code of 2012 if the victim is a household or

22 family member of the defendant.

23 (P-6) A violation of paragraph (2) of subsection (b)

24 of Section 11-20.4 of the Criminal Code of 2012.

25 (Q) A violation of subsection (b) or (b-5) of Section

26 20-1, Section 20-1.2, or Section 20-1.3 of the Criminal

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1 Code of 1961 or the Criminal Code of 2012.

2 (R) A violation of Section 24-3A of the Criminal Code

3 of 1961 or the Criminal Code of 2012.

4 (S) (Blank).

5 (T) (Blank).

6 (U) A second or subsequent violation of Section 6-303

7 of the Illinois Vehicle Code committed while his or her

8 driver's license, permit, or privilege was revoked because

9 of a violation of Section 9-3 of the Criminal Code of 1961

10 or the Criminal Code of 2012, relating to the offense of

11 reckless homicide, or a similar provision of a law of

12 another state.

13 (V) A violation of paragraph (4) of subsection (c) of

14 Section 11-20.1B or paragraph (4) of subsection (c) of

15 Section 11-20.3 of the Criminal Code of 1961, or paragraph

16 (6) of subsection (a) of Section 11-20.1 of the Criminal

17 Code of 2012 when the victim is under 13 years of age and

18 the defendant has previously been convicted under the laws

19 of this State or any other state of the offense of child

20 pornography, aggravated child pornography, aggravated

21 criminal sexual abuse, aggravated criminal sexual assault,

22 predatory criminal sexual assault of a child, or any of

23 the offenses formerly known as rape, deviate sexual

24 assault, indecent liberties with a child, or aggravated

25 indecent liberties with a child where the victim was under

26 the age of 18 years or an offense that is substantially

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1 equivalent to those offenses.

2 (V-5) A violation of paragraph (1) of subsection (b)

3 of Section 11-20.4 of the Criminal Code of 2012 when the

4 victim is under 13 years of age and the defendant has

5 previously been convicted under the laws of this State or

6 any other state of the offense of child pornography,

7 aggravated child pornography, aggravated criminal sexual

8 abuse, aggravated criminal sexual assault, predatory

9 criminal sexual assault of a child, or any of the offenses

10 formerly known as rape, deviate sexual assault, indecent

11 liberties with a child, or aggravated indecent liberties

12 with a child if the victim was under the age of 18 years or

13 an offense that is substantially equivalent to those

14 offenses.

15 (W) A violation of Section 24-3.5 of the Criminal Code

16 of 1961 or the Criminal Code of 2012.

17 (X) A violation of subsection (a) of Section 31-1a of

18 the Criminal Code of 1961 or the Criminal Code of 2012.

19 (Y) A conviction for unlawful possession of a firearm

20 by a street gang member when the firearm was loaded or

21 contained firearm ammunition.

22 (Z) A Class 1 felony committed while he or she was

23 serving a term of probation or conditional discharge for a

24 felony.

25 (AA) Theft of property exceeding $500,000 and not

26 exceeding $1,000,000 in value.

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1 (BB) Laundering of criminally derived property of a

2 value exceeding $500,000.

3 (CC) Knowingly selling, offering for sale, holding for

4 sale, or using 2,000 or more counterfeit items or

5 counterfeit items having a retail value in the aggregate

6 of $500,000 or more.

7 (DD) A conviction for aggravated assault under

8 paragraph (6) of subsection (c) of Section 12-2 of the

9 Criminal Code of 1961 or the Criminal Code of 2012 if the

10 firearm is aimed toward the person against whom the

11 firearm is being used.

12 (EE) A conviction for a violation of paragraph (2) of

13 subsection (a) of Section 24-3B of the Criminal Code of

14 2012.

15 (3) (Blank).

16 (4) A minimum term of imprisonment of not less than 10

17 consecutive days or 30 days of community service shall be

18 imposed for a violation of paragraph (c) of Section 6-303 of

19 the Illinois Vehicle Code.

20 (4.1) (Blank).

21 (4.2) Except as provided in paragraphs (4.3) and (4.8) of

22 this subsection (c), a minimum of 100 hours of community

23 service shall be imposed for a second violation of Section

24 6-303 of the Illinois Vehicle Code.

25 (4.3) A minimum term of imprisonment of 30 days or 300

26 hours of community service, as determined by the court, shall

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1 be imposed for a second violation of subsection (c) of Section

2 6-303 of the Illinois Vehicle Code.

3 (4.4) Except as provided in paragraphs (4.5), (4.6), and

4 (4.9) of this subsection (c), a minimum term of imprisonment

5 of 30 days or 300 hours of community service, as determined by

6 the court, shall be imposed for a third or subsequent

7 violation of Section 6-303 of the Illinois Vehicle Code. The

8 court may give credit toward the fulfillment of community

9 service hours for participation in activities and treatment as

10 determined by court services.

11 (4.5) A minimum term of imprisonment of 30 days shall be

12 imposed for a third violation of subsection (c) of Section

13 6-303 of the Illinois Vehicle Code.

14 (4.6) Except as provided in paragraph (4.10) of this

15 subsection (c), a minimum term of imprisonment of 180 days

16 shall be imposed for a fourth or subsequent violation of

17 subsection (c) of Section 6-303 of the Illinois Vehicle Code.

18 (4.7) A minimum term of imprisonment of not less than 30

19 consecutive days, or 300 hours of community service, shall be

20 imposed for a violation of subsection (a-5) of Section 6-303

21 of the Illinois Vehicle Code, as provided in subsection (b-5)

22 of that Section.

23 (4.8) A mandatory prison sentence shall be imposed for a

24 second violation of subsection (a-5) of Section 6-303 of the

25 Illinois Vehicle Code, as provided in subsection (c-5) of that

26 Section. The person's driving privileges shall be revoked for

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1 a period of not less than 5 years from the date of his or her

2 release from prison.

3 (4.9) A mandatory prison sentence of not less than 4 and

4 not more than 15 years shall be imposed for a third violation

5 of subsection (a-5) of Section 6-303 of the Illinois Vehicle

6 Code, as provided in subsection (d-2.5) of that Section. The

7 person's driving privileges shall be revoked for the remainder

8 of his or her life.

9 (4.10) A mandatory prison sentence for a Class 1 felony

10 shall be imposed, and the person shall be eligible for an

11 extended term sentence, for a fourth or subsequent violation

12 of subsection (a-5) of Section 6-303 of the Illinois Vehicle

13 Code, as provided in subsection (d-3.5) of that Section. The

14 person's driving privileges shall be revoked for the remainder

15 of his or her life.

16 (5) The court may sentence a corporation or unincorporated

17 association convicted of any offense to:

18 (A) a period of conditional discharge;

19 (B) a fine;

20 (C) make restitution to the victim under Section 5-5-6

21 of this Code.

22 (5.1) In addition to any other penalties imposed, and

23 except as provided in paragraph (5.2) or (5.3), a person

24 convicted of violating subsection (c) of Section 11-907 of the

25 Illinois Vehicle Code shall have his or her driver's license,

26 permit, or privileges suspended for at least 90 days but not

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1 more than one year, if the violation resulted in damage to the

2 property of another person.

3 (5.2) In addition to any other penalties imposed, and

4 except as provided in paragraph (5.3), a person convicted of

5 violating subsection (c) of Section 11-907 of the Illinois

6 Vehicle Code shall have his or her driver's license, permit,

7 or privileges suspended for at least 180 days but not more than

8 2 years, if the violation resulted in injury to another

9 person.

10 (5.3) In addition to any other penalties imposed, a person

11 convicted of violating subsection (c) of Section 11-907 of the

12 Illinois Vehicle Code shall have his or her driver's license,

13 permit, or privileges suspended for 2 years, if the violation

14 resulted in the death of another person.

15 (5.4) In addition to any other penalties imposed, a person

16 convicted of violating Section 3-707 of the Illinois Vehicle

17 Code shall have his or her driver's license, permit, or

18 privileges suspended for 3 months and until he or she has paid

19 a reinstatement fee of $100.

20 (5.5) In addition to any other penalties imposed, a person

21 convicted of violating Section 3-707 of the Illinois Vehicle

22 Code during a period in which his or her driver's license,

23 permit, or privileges were suspended for a previous violation

24 of that Section shall have his or her driver's license,

25 permit, or privileges suspended for an additional 6 months

26 after the expiration of the original 3-month suspension and

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1 until he or she has paid a reinstatement fee of $100.

2 (6) (Blank).

3 (7) (Blank).

4 (8) (Blank).

5 (9) A defendant convicted of a second or subsequent

6 offense of ritualized abuse of a child may be sentenced to a

7 term of natural life imprisonment.

8 (10) (Blank).

9 (11) The court shall impose a minimum fine of $1,000 for a

10 first offense and $2,000 for a second or subsequent offense

11 upon a person convicted of or placed on supervision for

12 battery when the individual harmed was a sports official or

13 coach at any level of competition and the act causing harm to

14 the sports official or coach occurred within an athletic

15 facility or within the immediate vicinity of the athletic

16 facility at which the sports official or coach was an active

17 participant of the athletic contest held at the athletic

18 facility. For the purposes of this paragraph (11), "sports

19 official" means a person at an athletic contest who enforces

20 the rules of the contest, such as an umpire or referee;

21 "athletic facility" means an indoor or outdoor playing field

22 or recreational area where sports activities are conducted;

23 and "coach" means a person recognized as a coach by the

24 sanctioning authority that conducted the sporting event.

25 (12) A person may not receive a disposition of court

26 supervision for a violation of Section 5-16 of the Boat

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1 Registration and Safety Act if that person has previously

2 received a disposition of court supervision for a violation of

3 that Section.

4 (13) A person convicted of or placed on court supervision

5 for an assault or aggravated assault when the victim and the

6 offender are family or household members as defined in Section

7 103 of the Illinois Domestic Violence Act of 1986 or convicted

8 of domestic battery or aggravated domestic battery may be

9 required to attend a Partner Abuse Intervention Program under

10 protocols set forth by the Illinois Department of Human

11 Services under such terms and conditions imposed by the court.

12 The costs of such classes shall be paid by the offender.

13 (d) In any case in which a sentence originally imposed is

14 vacated, the case shall be remanded to the trial court. The

15 trial court shall hold a hearing under Section 5-4-1 of this

16 Code which may include evidence of the defendant's life, moral

17 character and occupation during the time since the original

18 sentence was passed. The trial court shall then impose

19 sentence upon the defendant. The trial court may impose any

20 sentence which could have been imposed at the original trial

21 subject to Section 5-5-4 of this Code. If a sentence is vacated

22 on appeal or on collateral attack due to the failure of the

23 trier of fact at trial to determine beyond a reasonable doubt

24 the existence of a fact (other than a prior conviction)

25 necessary to increase the punishment for the offense beyond

26 the statutory maximum otherwise applicable, either the

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1 defendant may be re-sentenced to a term within the range

2 otherwise provided or, if the State files notice of its

3 intention to again seek the extended sentence, the defendant

4 shall be afforded a new trial.

5 (e) In cases where prosecution for aggravated criminal

6 sexual abuse under Section 11-1.60 or 12-16 of the Criminal

7 Code of 1961 or the Criminal Code of 2012 results in conviction

8 of a defendant who was a family member of the victim at the

9 time of the commission of the offense, the court shall

10 consider the safety and welfare of the victim and may impose a

11 sentence of probation only where:

12 (1) the court finds (A) or (B) or both are

13 appropriate:

14 (A) the defendant is willing to undergo a court

15 approved counseling program for a minimum duration of

16 2 years; or

17 (B) the defendant is willing to participate in a

18 court approved plan, including, but not limited to,

19 the defendant's:

20 (i) removal from the household;

21 (ii) restricted contact with the victim;

22 (iii) continued financial support of the

23 family;

24 (iv) restitution for harm done to the victim;

25 and

26 (v) compliance with any other measures that

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1 the court may deem appropriate; and

2 (2) the court orders the defendant to pay for the

3 victim's counseling services, to the extent that the court

4 finds, after considering the defendant's income and

5 assets, that the defendant is financially capable of

6 paying for such services, if the victim was under 18 years

7 of age at the time the offense was committed and requires

8 counseling as a result of the offense.

9 Probation may be revoked or modified pursuant to Section

10 5-6-4; except where the court determines at the hearing that

11 the defendant violated a condition of his or her probation

12 restricting contact with the victim or other family members or

13 commits another offense with the victim or other family

14 members, the court shall revoke the defendant's probation and

15 impose a term of imprisonment.

16 For the purposes of this Section, "family member" and

17 "victim" shall have the meanings ascribed to them in Section

18 11-0.1 of the Criminal Code of 2012.

19 (f) (Blank).

20 (g) Whenever a defendant is convicted of an offense under

21 Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

22 11-14.3, 11-14.4 except for an offense that involves keeping a

23 place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,

24 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,

25 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the

26 Criminal Code of 2012, the defendant shall undergo medical

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1 testing to determine whether the defendant has any sexually

2 transmissible disease, including a test for infection with

3 human immunodeficiency virus (HIV) or any other identified

4 causative agent of acquired immunodeficiency syndrome (AIDS).

5 Any such medical test shall be performed only by appropriately

6 licensed medical practitioners and may include an analysis of

7 any bodily fluids as well as an examination of the defendant's

8 person. Except as otherwise provided by law, the results of

9 such test shall be kept strictly confidential by all medical

10 personnel involved in the testing and must be personally

11 delivered in a sealed envelope to the judge of the court in

12 which the conviction was entered for the judge's inspection in

13 camera. Acting in accordance with the best interests of the

14 victim and the public, the judge shall have the discretion to

15 determine to whom, if anyone, the results of the testing may be

16 revealed. The court shall notify the defendant of the test

17 results. The court shall also notify the victim if requested

18 by the victim, and if the victim is under the age of 15 and if

19 requested by the victim's parents or legal guardian, the court

20 shall notify the victim's parents or legal guardian of the

21 test results. The court shall provide information on the

22 availability of HIV testing and counseling at Department of

23 Public Health facilities to all parties to whom the results of

24 the testing are revealed and shall direct the State's Attorney

25 to provide the information to the victim when possible. The

26 court shall order that the cost of any such test shall be paid

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1 by the county and may be taxed as costs against the convicted

2 defendant.

3 (g-5) When an inmate is tested for an airborne

4 communicable disease, as determined by the Illinois Department

5 of Public Health, including, but not limited to, tuberculosis,

6 the results of the test shall be personally delivered by the

7 warden or his or her designee in a sealed envelope to the judge

8 of the court in which the inmate must appear for the judge's

9 inspection in camera if requested by the judge. Acting in

10 accordance with the best interests of those in the courtroom,

11 the judge shall have the discretion to determine what if any

12 precautions need to be taken to prevent transmission of the

13 disease in the courtroom.

14 (h) Whenever a defendant is convicted of an offense under

15 Section 1 or 2 of the Hypodermic Syringes and Needles Act, the

16 defendant shall undergo medical testing to determine whether

17 the defendant has been exposed to human immunodeficiency virus

18 (HIV) or any other identified causative agent of acquired

19 immunodeficiency syndrome (AIDS). Except as otherwise provided

20 by law, the results of such test shall be kept strictly

21 confidential by all medical personnel involved in the testing

22 and must be personally delivered in a sealed envelope to the

23 judge of the court in which the conviction was entered for the

24 judge's inspection in camera. Acting in accordance with the

25 best interests of the public, the judge shall have the

26 discretion to determine to whom, if anyone, the results of the

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1 testing may be revealed. The court shall notify the defendant

2 of a positive test showing an infection with the human

3 immunodeficiency virus (HIV). The court shall provide

4 information on the availability of HIV testing and counseling

5 at Department of Public Health facilities to all parties to

6 whom the results of the testing are revealed and shall direct

7 the State's Attorney to provide the information to the victim

8 when possible. The court shall order that the cost of any such

9 test shall be paid by the county and may be taxed as costs

10 against the convicted defendant.

11 (i) All fines and penalties imposed under this Section for

12 any violation of Chapters 3, 4, 6, and 11 of the Illinois

13 Vehicle Code, or a similar provision of a local ordinance, and

14 any violation of the Child Passenger Protection Act, or a

15 similar provision of a local ordinance, shall be collected and

16 disbursed by the circuit clerk as provided under the Criminal

17 and Traffic Assessment Act.

18 (j) In cases when prosecution for any violation of Section

19 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,

20 11-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,

21 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,

22 11-20.1B, 11-20.3, 11-20.4, 11-21, 11-30, 11-40, 12-13, 12-14,

23 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the

24 Criminal Code of 2012, any violation of the Illinois

25 Controlled Substances Act, any violation of the Cannabis

26 Control Act, or any violation of the Methamphetamine Control

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1 and Community Protection Act results in conviction, a

2 disposition of court supervision, or an order of probation

3 granted under Section 10 of the Cannabis Control Act, Section

4 410 of the Illinois Controlled Substances Act, or Section 70

5 of the Methamphetamine Control and Community Protection Act of

6 a defendant, the court shall determine whether the defendant

7 is employed by a facility or center as defined under the Child

8 Care Act of 1969, a public or private elementary or secondary

9 school, or otherwise works with children under 18 years of age

10 on a daily basis. When a defendant is so employed, the court

11 shall order the Clerk of the Court to send a copy of the

12 judgment of conviction or order of supervision or probation to

13 the defendant's employer by certified mail. If the employer of

14 the defendant is a school, the Clerk of the Court shall direct

15 the mailing of a copy of the judgment of conviction or order of

16 supervision or probation to the appropriate regional

17 superintendent of schools. The regional superintendent of

18 schools shall notify the State Board of Education of any

19 notification under this subsection.

20 (j-5) A defendant at least 17 years of age who is convicted

21 of a felony and who has not been previously convicted of a

22 misdemeanor or felony and who is sentenced to a term of

23 imprisonment in the Illinois Department of Corrections shall

24 as a condition of his or her sentence be required by the court

25 to attend educational courses designed to prepare the

26 defendant for a high school diploma and to work toward a high

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1 school diploma or to work toward passing high school

2 equivalency testing or to work toward completing a vocational

3 training program offered by the Department of Corrections. If

4 a defendant fails to complete the educational training

5 required by his or her sentence during the term of

6 incarceration, the Prisoner Review Board shall, as a condition

7 of mandatory supervised release, require the defendant, at his

8 or her own expense, to pursue a course of study toward a high

9 school diploma or passage of high school equivalency testing.

10 The Prisoner Review Board shall revoke the mandatory

11 supervised release of a defendant who wilfully fails to comply

12 with this subsection (j-5) upon his or her release from

13 confinement in a penal institution while serving a mandatory

14 supervised release term; however, the inability of the

15 defendant after making a good faith effort to obtain financial

16 aid or pay for the educational training shall not be deemed a

17 wilful failure to comply. The Prisoner Review Board shall

18 recommit the defendant whose mandatory supervised release term

19 has been revoked under this subsection (j-5) as provided in

20 Section 3-3-9. This subsection (j-5) does not apply to a

21 defendant who has a high school diploma or has successfully

22 passed high school equivalency testing. This subsection (j-5)

23 does not apply to a defendant who is determined by the court to

24 be a person with a developmental disability or otherwise

25 mentally incapable of completing the educational or vocational

26 program.

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1 (k) (Blank).

2 (l)(A) Except as provided in paragraph (C) of subsection

3 (l), whenever a defendant, who is not a citizen or national of

4 the United States, is convicted of any felony or misdemeanor

5 offense, the court after sentencing the defendant may, upon

6 motion of the State's Attorney, hold sentence in abeyance and

7 remand the defendant to the custody of the Attorney General of

8 the United States or his or her designated agent to be deported

9 when:

10 (1) a final order of deportation has been issued

11 against the defendant pursuant to proceedings under the

12 Immigration and Nationality Act, and

13 (2) the deportation of the defendant would not

14 deprecate the seriousness of the defendant's conduct and

15 would not be inconsistent with the ends of justice.

16 Otherwise, the defendant shall be sentenced as provided in

17 this Chapter V.

18 (B) If the defendant has already been sentenced for a

19 felony or misdemeanor offense, or has been placed on probation

20 under Section 10 of the Cannabis Control Act, Section 410 of

21 the Illinois Controlled Substances Act, or Section 70 of the

22 Methamphetamine Control and Community Protection Act, the

23 court may, upon motion of the State's Attorney to suspend the

24 sentence imposed, commit the defendant to the custody of the

25 Attorney General of the United States or his or her designated

26 agent when:

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1 (1) a final order of deportation has been issued

2 against the defendant pursuant to proceedings under the

3 Immigration and Nationality Act, and

4 (2) the deportation of the defendant would not

5 deprecate the seriousness of the defendant's conduct and

6 would not be inconsistent with the ends of justice.

7 (C) This subsection (l) does not apply to offenders who

8 are subject to the provisions of paragraph (2) of subsection

9 (a) of Section 3-6-3.

10 (D) Upon motion of the State's Attorney, if a defendant

11 sentenced under this Section returns to the jurisdiction of

12 the United States, the defendant shall be recommitted to the

13 custody of the county from which he or she was sentenced.

14 Thereafter, the defendant shall be brought before the

15 sentencing court, which may impose any sentence that was

16 available under Section 5-5-3 at the time of initial

17 sentencing. In addition, the defendant shall not be eligible

18 for additional earned sentence credit as provided under

19 Section 3-6-3.

20 (m) A person convicted of criminal defacement of property

21 under Section 21-1.3 of the Criminal Code of 1961 or the

22 Criminal Code of 2012, in which the property damage exceeds

23 $300 and the property damaged is a school building, shall be

24 ordered to perform community service that may include cleanup,

25 removal, or painting over the defacement.

26 (n) The court may sentence a person convicted of a

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1 violation of Section 12-19, 12-21, 16-1.3, or 17-56, or

2 subsection (a) or (b) of Section 12-4.4a, of the Criminal Code

3 of 1961 or the Criminal Code of 2012 (i) to an impact

4 incarceration program if the person is otherwise eligible for

5 that program under Section 5-8-1.1, (ii) to community service,

6 or (iii) if the person has a substance use disorder, as defined

7 in the Substance Use Disorder Act, to a treatment program

8 licensed under that Act.

9 (o) Whenever a person is convicted of a sex offense as

10 defined in Section 2 of the Sex Offender Registration Act, the

11 defendant's driver's license or permit shall be subject to

12 renewal on an annual basis in accordance with the provisions

13 of license renewal established by the Secretary of State.

14 (Source: P.A. 102-168, eff. 7-27-21; 102-531, eff. 1-1-22;

15 102-813, eff. 5-13-22; 102-1030, eff. 5-27-22; 103-51, eff.

16 1-1-24; 103-825, eff. 1-1-25.)

17 (730 ILCS 5/5-5-3.2)

18 Sec. 5-5-3.2. Factors in aggravation and extended-term

19 sentencing.

20 (a) The following factors shall be accorded weight in

21 favor of imposing a term of imprisonment or may be considered

22 by the court as reasons to impose a more severe sentence under

23 Section 5-8-1 or Article 4.5 of Chapter V:

24 (1) the defendant's conduct caused or threatened

25 serious harm;

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1 (2) the defendant received compensation for committing

2 the offense;

3 (3) the defendant has a history of prior delinquency

4 or criminal activity;

5 (4) the defendant, by the duties of his office or by

6 his position, was obliged to prevent the particular

7 offense committed or to bring the offenders committing it

8 to justice;

9 (5) the defendant held public office at the time of

10 the offense, and the offense related to the conduct of

11 that office;

12 (6) the defendant utilized his professional reputation

13 or position in the community to commit the offense, or to

14 afford him an easier means of committing it;

15 (7) the sentence is necessary to deter others from

16 committing the same crime;

17 (8) the defendant committed the offense against a

18 person 60 years of age or older or such person's property;

19 (9) the defendant committed the offense against a

20 person who has a physical disability or such person's

21 property;

22 (10) by reason of another individual's actual or

23 perceived race, color, creed, religion, ancestry, gender,

24 sexual orientation, physical or mental disability, or

25 national origin, the defendant committed the offense

26 against (i) the person or property of that individual;

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1 (ii) the person or property of a person who has an

2 association with, is married to, or has a friendship with

3 the other individual; or (iii) the person or property of a

4 relative (by blood or marriage) of a person described in

5 clause (i) or (ii). For the purposes of this Section,

6 "sexual orientation" has the meaning ascribed to it in

7 paragraph (O-1) of Section 1-103 of the Illinois Human

8 Rights Act;

9 (11) the offense took place in a place of worship or on

10 the grounds of a place of worship, immediately prior to,

11 during or immediately following worship services. For

12 purposes of this subparagraph, "place of worship" shall

13 mean any church, synagogue or other building, structure or

14 place used primarily for religious worship;

15 (12) the defendant was convicted of a felony committed

16 while he was on pretrial release or his own recognizance

17 pending trial for a prior felony and was convicted of such

18 prior felony, or the defendant was convicted of a felony

19 committed while he was serving a period of probation,

20 conditional discharge, or mandatory supervised release

21 under subsection (d) of Section 5-8-1 for a prior felony;

22 (13) the defendant committed or attempted to commit a

23 felony while he was wearing a bulletproof vest. For the

24 purposes of this paragraph (13), a bulletproof vest is any

25 device which is designed for the purpose of protecting the

26 wearer from bullets, shot or other lethal projectiles;

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1 (14) the defendant held a position of trust or

2 supervision such as, but not limited to, family member as

3 defined in Section 11-0.1 of the Criminal Code of 2012,

4 teacher, scout leader, baby sitter, or day care worker, in

5 relation to a victim under 18 years of age, and the

6 defendant committed an offense in violation of Section

7 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,

8 11-14.4 except for an offense that involves keeping a

9 place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,

10 11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

11 or 12-16 of the Criminal Code of 1961 or the Criminal Code

12 of 2012 against that victim;

13 (15) the defendant committed an offense related to the

14 activities of an organized gang. For the purposes of this

15 factor, "organized gang" has the meaning ascribed to it in

16 Section 10 of the Streetgang Terrorism Omnibus Prevention

17 Act;

18 (16) the defendant committed an offense in violation

19 of one of the following Sections while in a school,

20 regardless of the time of day or time of year; on any

21 conveyance owned, leased, or contracted by a school to

22 transport students to or from school or a school related

23 activity; on the real property of a school; or on a public

24 way within 1,000 feet of the real property comprising any

25 school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,

26 11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,

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1 11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,

2 12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,

3 12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except

4 for subdivision (a)(4) or (g)(1), of the Criminal Code of

5 1961 or the Criminal Code of 2012;

6 (16.5) the defendant committed an offense in violation

7 of one of the following Sections while in a day care

8 center, regardless of the time of day or time of year; on

9 the real property of a day care center, regardless of the

10 time of day or time of year; or on a public way within

11 1,000 feet of the real property comprising any day care

12 center, regardless of the time of day or time of year:

13 Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,

14 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,

15 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,

16 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,

17 18-2, or 33A-2, or Section 12-3.05 except for subdivision

18 (a)(4) or (g)(1), of the Criminal Code of 1961 or the

19 Criminal Code of 2012;

20 (17) the defendant committed the offense by reason of

21 any person's activity as a community policing volunteer or

22 to prevent any person from engaging in activity as a

23 community policing volunteer. For the purpose of this

24 Section, "community policing volunteer" has the meaning

25 ascribed to it in Section 2-3.5 of the Criminal Code of

26 2012;

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1 (18) the defendant committed the offense in a nursing

2 home or on the real property comprising a nursing home.

3 For the purposes of this paragraph (18), "nursing home"

4 means a skilled nursing or intermediate long term care

5 facility that is subject to license by the Illinois

6 Department of Public Health under the Nursing Home Care

7 Act, the Specialized Mental Health Rehabilitation Act of

8 2013, the ID/DD Community Care Act, or the MC/DD Act;

9 (19) the defendant was a federally licensed firearm

10 dealer and was previously convicted of a violation of

11 subsection (a) of Section 3 of the Firearm Owners

12 Identification Card Act before its repeal by this

13 amendatory Act of the 104th General Assembly and has now

14 committed ~~either a felony violation of the Firearm Owners~~

15 ~~Identification Card Act or~~ an act of armed violence while

16 armed with a firearm;

17 (20) the defendant (i) committed the offense of

18 reckless homicide under Section 9-3 of the Criminal Code

19 of 1961 or the Criminal Code of 2012 or the offense of

20 driving under the influence of alcohol, other drug or

21 drugs, intoxicating compound or compounds or any

22 combination thereof under Section 11-501 of the Illinois

23 Vehicle Code or a similar provision of a local ordinance

24 and (ii) was operating a motor vehicle in excess of 20

25 miles per hour over the posted speed limit as provided in

26 Article VI of Chapter 11 of the Illinois Vehicle Code;

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1 (21) the defendant (i) committed the offense of

2 reckless driving or aggravated reckless driving under

3 Section 11-503 of the Illinois Vehicle Code and (ii) was

4 operating a motor vehicle in excess of 20 miles per hour

5 over the posted speed limit as provided in Article VI of

6 Chapter 11 of the Illinois Vehicle Code;

7 (22) the defendant committed the offense against a

8 person that the defendant knew, or reasonably should have

9 known, was a member of the Armed Forces of the United

10 States serving on active duty. For purposes of this clause

11 (22), the term "Armed Forces" means any of the Armed

12 Forces of the United States, including a member of any

13 reserve component thereof or National Guard unit called to

14 active duty;

15 (23) the defendant committed the offense against a

16 person who was elderly or infirm or who was a person with a

17 disability by taking advantage of a family or fiduciary

18 relationship with the elderly or infirm person or person

19 with a disability;

20 (24) the defendant committed any offense under Section

21 11-20.1 of the Criminal Code of 1961 or the Criminal Code

22 of 2012 and possessed 100 or more images;

23 (25) the defendant committed the offense while the

24 defendant or the victim was in a train, bus, or other

25 vehicle used for public transportation;

26 (26) the defendant committed the offense of child

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1 pornography or aggravated child pornography, specifically

2 including paragraph (1), (2), (3), (4), (5), or (7) of

3 subsection (a) of Section 11-20.1 of the Criminal Code of

4 1961 or the Criminal Code of 2012 where a child engaged in,

5 solicited for, depicted in, or posed in any act of sexual

6 penetration or bound, fettered, or subject to sadistic,

7 masochistic, or sadomasochistic abuse in a sexual context

8 and specifically including paragraph (1), (2), (3), (4),

9 (5), or (7) of subsection (a) of Section 11-20.1B or

10 Section 11-20.3 of the Criminal Code of 1961 where a child

11 engaged in, solicited for, depicted in, or posed in any

12 act of sexual penetration or bound, fettered, or subject

13 to sadistic, masochistic, or sadomasochistic abuse in a

14 sexual context;

15 (26.5) the defendant committed the offense of obscene

16 depiction of a purported child, specifically including

17 paragraph (2) of subsection (b) of Section 11-20.4 of the

18 Criminal Code of 2012 if a child engaged in, solicited

19 for, depicted in, or posed in any act of sexual

20 penetration or bound, fettered, or subject to sadistic,

21 masochistic, or sadomasochistic abuse in a sexual context;

22 (27) the defendant committed the offense of first

23 degree murder, assault, aggravated assault, battery,

24 aggravated battery, robbery, armed robbery, or aggravated

25 robbery against a person who was a veteran and the

26 defendant knew, or reasonably should have known, that the

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1 person was a veteran performing duties as a representative

2 of a veterans' organization. For the purposes of this

3 paragraph (27), "veteran" means an Illinois resident who

4 has served as a member of the United States Armed Forces, a

5 member of the Illinois National Guard, or a member of the

6 United States Reserve Forces; and "veterans' organization"

7 means an organization comprised of members of which

8 substantially all are individuals who are veterans or

9 spouses, widows, or widowers of veterans, the primary

10 purpose of which is to promote the welfare of its members

11 and to provide assistance to the general public in such a

12 way as to confer a public benefit;

13 (28) the defendant committed the offense of assault,

14 aggravated assault, battery, aggravated battery, robbery,

15 armed robbery, or aggravated robbery against a person that

16 the defendant knew or reasonably should have known was a

17 letter carrier or postal worker while that person was

18 performing his or her duties delivering mail for the

19 United States Postal Service;

20 (29) the defendant committed the offense of criminal

21 sexual assault, aggravated criminal sexual assault,

22 criminal sexual abuse, or aggravated criminal sexual abuse

23 against a victim with an intellectual disability, and the

24 defendant holds a position of trust, authority, or

25 supervision in relation to the victim;

26 (30) the defendant committed the offense of promoting

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1 juvenile prostitution, patronizing a prostitute, or

2 patronizing a minor engaged in prostitution and at the

3 time of the commission of the offense knew that the

4 prostitute or minor engaged in prostitution was in the

5 custody or guardianship of the Department of Children and

6 Family Services;

7 (31) the defendant (i) committed the offense of

8 driving while under the influence of alcohol, other drug

9 or drugs, intoxicating compound or compounds or any

10 combination thereof in violation of Section 11-501 of the

11 Illinois Vehicle Code or a similar provision of a local

12 ordinance and (ii) the defendant during the commission of

13 the offense was driving his or her vehicle upon a roadway

14 designated for one-way traffic in the opposite direction

15 of the direction indicated by official traffic control

16 devices;

17 (32) the defendant committed the offense of reckless

18 homicide while committing a violation of Section 11-907 of

19 the Illinois Vehicle Code;

20 (33) the defendant was found guilty of an

21 administrative infraction related to an act or acts of

22 public indecency or sexual misconduct in the penal

23 institution. In this paragraph (33), "penal institution"

24 has the same meaning as in Section 2-14 of the Criminal

25 Code of 2012; or

26 (34) the defendant committed the offense of leaving

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1 the scene of a crash in violation of subsection (b) of

2 Section 11-401 of the Illinois Vehicle Code and the crash

3 resulted in the death of a person and at the time of the

4 offense, the defendant was: (i) driving under the

5 influence of alcohol, other drug or drugs, intoxicating

6 compound or compounds or any combination thereof as

7 defined by Section 11-501 of the Illinois Vehicle Code; or

8 (ii) operating the motor vehicle while using an electronic

9 communication device as defined in Section 12-610.2 of the

10 Illinois Vehicle Code.

11 For the purposes of this Section:

12 "School" is defined as a public or private elementary or

13 secondary school, community college, college, or university.

14 "Day care center" means a public or private State

15 certified and licensed day care center as defined in Section

16 2.09 of the Child Care Act of 1969 that displays a sign in

17 plain view stating that the property is a day care center.

18 "Intellectual disability" means significantly subaverage

19 intellectual functioning which exists concurrently with

20 impairment in adaptive behavior.

21 "Public transportation" means the transportation or

22 conveyance of persons by means available to the general

23 public, and includes paratransit services.

24 "Traffic control devices" means all signs, signals,

25 markings, and devices that conform to the Illinois Manual on

26 Uniform Traffic Control Devices, placed or erected by

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1 authority of a public body or official having jurisdiction,

2 for the purpose of regulating, warning, or guiding traffic.

3 (b) The following factors, related to all felonies, may be

4 considered by the court as reasons to impose an extended term

5 sentence under Section 5-8-2 upon any offender:

6 (1) When a defendant is convicted of any felony, after

7 having been previously convicted in Illinois or any other

8 jurisdiction of the same or similar class felony or

9 greater class felony, when such conviction has occurred

10 within 10 years after the previous conviction, excluding

11 time spent in custody, and such charges are separately

12 brought and tried and arise out of different series of

13 acts; or

14 (2) When a defendant is convicted of any felony and

15 the court finds that the offense was accompanied by

16 exceptionally brutal or heinous behavior indicative of

17 wanton cruelty; or

18 (3) When a defendant is convicted of any felony

19 committed against:

20 (i) a person under 12 years of age at the time of

21 the offense or such person's property;

22 (ii) a person 60 years of age or older at the time

23 of the offense or such person's property; or

24 (iii) a person who had a physical disability at

25 the time of the offense or such person's property; or

26 (4) When a defendant is convicted of any felony and

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1 the offense involved any of the following types of

2 specific misconduct committed as part of a ceremony, rite,

3 initiation, observance, performance, practice or activity

4 of any actual or ostensible religious, fraternal, or

5 social group:

6 (i) the brutalizing or torturing of humans or

7 animals;

8 (ii) the theft of human corpses;

9 (iii) the kidnapping of humans;

10 (iv) the desecration of any cemetery, religious,

11 fraternal, business, governmental, educational, or

12 other building or property; or

13 (v) ritualized abuse of a child; or

14 (5) When a defendant is convicted of a felony other

15 than conspiracy and the court finds that the felony was

16 committed under an agreement with 2 or more other persons

17 to commit that offense and the defendant, with respect to

18 the other individuals, occupied a position of organizer,

19 supervisor, financier, or any other position of management

20 or leadership, and the court further finds that the felony

21 committed was related to or in furtherance of the criminal

22 activities of an organized gang or was motivated by the

23 defendant's leadership in an organized gang; or

24 (6) When a defendant is convicted of an offense

25 committed while using a firearm with a laser sight

26 attached to it. For purposes of this paragraph, "laser

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1 sight" has the meaning ascribed to it in Section 26-7 of

2 the Criminal Code of 2012; or

3 (7) When a defendant who was at least 17 years of age

4 at the time of the commission of the offense is convicted

5 of a felony and has been previously adjudicated a

6 delinquent minor under the Juvenile Court Act of 1987 for

7 an act that if committed by an adult would be a Class X or

8 Class 1 felony when the conviction has occurred within 10

9 years after the previous adjudication, excluding time

10 spent in custody; or

11 (8) When a defendant commits any felony and the

12 defendant used, possessed, exercised control over, or

13 otherwise directed an animal to assault a law enforcement

14 officer engaged in the execution of his or her official

15 duties or in furtherance of the criminal activities of an

16 organized gang in which the defendant is engaged; or

17 (9) When a defendant commits any felony and the

18 defendant knowingly video or audio records the offense

19 with the intent to disseminate the recording.

20 (c) The following factors may be considered by the court

21 as reasons to impose an extended term sentence under Section

22 5-8-2 ~~(730 ILCS 5/5-8-2)~~ upon any offender for the listed

23 offenses:

24 (1) When a defendant is convicted of first degree

25 murder, after having been previously convicted in Illinois

26 of any offense listed under paragraph (c)(2) of Section

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1 5-5-3 ~~(730 ILCS 5/5-5-3)~~, when that conviction has

2 occurred within 10 years after the previous conviction,

3 excluding time spent in custody, and the charges are

4 separately brought and tried and arise out of different

5 series of acts.

6 (1.5) When a defendant is convicted of first degree

7 murder, after having been previously convicted of domestic

8 battery ~~(720 ILCS 5/12-3.2)~~ or aggravated domestic battery

9 ~~(720 ILCS 5/12-3.3)~~ committed on the same victim or after

10 having been previously convicted of violation of an order

11 of protection ~~(720 ILCS 5/12-30)~~ in which the same victim

12 was the protected person.

13 (2) When a defendant is convicted of voluntary

14 manslaughter, second degree murder, involuntary

15 manslaughter, or reckless homicide in which the defendant

16 has been convicted of causing the death of more than one

17 individual.

18 (3) When a defendant is convicted of aggravated

19 criminal sexual assault or criminal sexual assault, when

20 there is a finding that aggravated criminal sexual assault

21 or criminal sexual assault was also committed on the same

22 victim by one or more other individuals, and the defendant

23 voluntarily participated in the crime with the knowledge

24 of the participation of the others in the crime, and the

25 commission of the crime was part of a single course of

26 conduct during which there was no substantial change in

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1 the nature of the criminal objective.

2 (4) If the victim was under 18 years of age at the time

3 of the commission of the offense, when a defendant is

4 convicted of aggravated criminal sexual assault or

5 predatory criminal sexual assault of a child under

6 subsection (a)(1) of Section 11-1.40 or subsection (a)(1)

7 of Section 12-14.1 of the Criminal Code of 1961 or the

8 Criminal Code of 2012 ~~(720 ILCS 5/11-1.40 or 5/12-14.1)~~.

9 (5) When a defendant is convicted of a felony

10 violation of Section 24-1 of the Criminal Code of 1961 or

11 the Criminal Code of 2012 ~~(720 ILCS 5/24-1)~~ and there is a

12 finding that the defendant is a member of an organized

13 gang.

14 (6) When a defendant was convicted of unlawful

15 possession of weapons under Section 24-1 of the Criminal

16 Code of 1961 or the Criminal Code of 2012 ~~(720 ILCS 5/24-1)~~

17 for possessing a weapon that is not readily

18 distinguishable as one of the weapons enumerated in

19 Section 24-1 of the Criminal Code of 1961 or the Criminal

20 Code of 2012 ~~(720 ILCS 5/24-1)~~.

21 (7) When a defendant is convicted of an offense

22 involving the illegal manufacture of a controlled

23 substance under Section 401 of the Illinois Controlled

24 Substances Act ~~(720 ILCS 570/401)~~, the illegal manufacture

25 of methamphetamine under Section 25 of the Methamphetamine

26 Control and Community Protection Act ~~(720 ILCS 646/25)~~, or

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1 the illegal possession of explosives and an emergency

2 response officer in the performance of his or her duties

3 is killed or injured at the scene of the offense while

4 responding to the emergency caused by the commission of

5 the offense. In this paragraph, "emergency" means a

6 situation in which a person's life, health, or safety is

7 in jeopardy; and "emergency response officer" means a

8 peace officer, community policing volunteer, fireman,

9 emergency medical technician-ambulance, emergency medical

10 technician-intermediate, emergency medical

11 technician-paramedic, ambulance driver, other medical

12 assistance or first aid personnel, or hospital emergency

13 room personnel.

14 (8) When the defendant is convicted of attempted mob

15 action, solicitation to commit mob action, or conspiracy

16 to commit mob action under Section 8-1, 8-2, or 8-4 of the

17 Criminal Code of 2012, where the criminal object is a

18 violation of Section 25-1 of the Criminal Code of 2012,

19 and an electronic communication is used in the commission

20 of the offense. For the purposes of this paragraph (8),

21 "electronic communication" shall have the meaning provided

22 in Section 26.5-0.1 of the Criminal Code of 2012.

23 (d) For the purposes of this Section, "organized gang" has

24 the meaning ascribed to it in Section 10 of the Illinois

25 Streetgang Terrorism Omnibus Prevention Act.

26 (e) The court may impose an extended term sentence under

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1 Article 4.5 of Chapter V upon an offender who has been

2 convicted of a felony violation of Section 11-1.20, 11-1.30,

3 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or

4 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012

5 when the victim of the offense is under 18 years of age at the

6 time of the commission of the offense and, during the

7 commission of the offense, the victim was under the influence

8 of alcohol, regardless of whether or not the alcohol was

9 supplied by the offender; and the offender, at the time of the

10 commission of the offense, knew or should have known that the

11 victim had consumed alcohol.

12 (Source: P.A. 102-558, eff. 8-20-21; 102-982, eff. 7-1-23;

13 103-822, eff. 1-1-25; 103-825, eff. 1-1-25; revised 11-26-24.)

14 (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3)

15 Sec. 5-6-3. Conditions of probation and of conditional

16 discharge.

17 (a) The conditions of probation and of conditional

18 discharge shall be that the person:

19 (1) not violate any criminal statute of any

20 jurisdiction;

21 (2) report to or appear in person before such person

22 or agency as directed by the court. To comply with the

23 provisions of this paragraph (2), in lieu of requiring the

24 person on probation or conditional discharge to appear in

25 person for the required reporting or meetings, the officer

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1 may utilize technology, including cellular and other

2 electronic communication devices or platforms, that allow

3 for communication between the supervised person and the

4 officer in accordance with standards and guidelines

5 established by the Administrative Office of the Illinois

6 Courts;

7 (3) refrain from possessing a firearm or other

8 dangerous weapon where the offense is a felony or, if a

9 misdemeanor, the offense involved the intentional or

10 knowing infliction of bodily harm or threat of bodily

11 harm;

12 (4) not leave the State without the consent of the

13 court or, in circumstances in which the reason for the

14 absence is of such an emergency nature that prior consent

15 by the court is not possible, without the prior

16 notification and approval of the person's probation

17 officer. Transfer of a person's probation or conditional

18 discharge supervision to another state is subject to

19 acceptance by the other state pursuant to the Interstate

20 Compact for Adult Offender Supervision;

21 (5) permit the probation officer to visit him at his

22 home or elsewhere to the extent necessary to discharge his

23 duties;

24 (6) perform no less than 30 hours of community service

25 and not more than 120 hours of community service, if

26 community service is available in the jurisdiction and is

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1 funded and approved by the county board where the offense

2 was committed, where the offense was related to or in

3 furtherance of the criminal activities of an organized

4 gang and was motivated by the offender's membership in or

5 allegiance to an organized gang. The community service

6 shall include, but not be limited to, the cleanup and

7 repair of any damage caused by a violation of Section

8 21-1.3 of the Criminal Code of 1961 or the Criminal Code of

9 2012 and similar damage to property located within the

10 municipality or county in which the violation occurred.

11 When possible and reasonable, the community service should

12 be performed in the offender's neighborhood. For purposes

13 of this Section, "organized gang" has the meaning ascribed

14 to it in Section 10 of the Illinois Streetgang Terrorism

15 Omnibus Prevention Act. The court may give credit toward

16 the fulfillment of community service hours for

17 participation in activities and treatment as determined by

18 court services. Community service shall not interfere with

19 the school hours, school-related activities, or work

20 commitments of the minor or the minor's parent, guardian,

21 or legal custodian;

22 (7) if he or she is at least 17 years of age and has

23 been sentenced to probation or conditional discharge for a

24 misdemeanor or felony in a county of 3,000,000 or more

25 inhabitants and has not been previously convicted of a

26 misdemeanor or felony, may be required by the sentencing

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1 court to attend educational courses designed to prepare

2 the defendant for a high school diploma and to work toward

3 a high school diploma or to work toward passing high

4 school equivalency testing or to work toward completing a

5 vocational training program approved by the court. The

6 person on probation or conditional discharge must attend a

7 public institution of education to obtain the educational

8 or vocational training required by this paragraph (7). The

9 court shall revoke the probation or conditional discharge

10 of a person who willfully fails to comply with this

11 paragraph (7). The person on probation or conditional

12 discharge shall be required to pay for the cost of the

13 educational courses or high school equivalency testing if

14 a fee is charged for those courses or testing. The court

15 shall resentence the offender whose probation or

16 conditional discharge has been revoked as provided in

17 Section 5-6-4. This paragraph (7) does not apply to a

18 person who has a high school diploma or has successfully

19 passed high school equivalency testing. This paragraph (7)

20 does not apply to a person who is determined by the court

21 to be a person with a developmental disability or

22 otherwise mentally incapable of completing the educational

23 or vocational program;

24 (8) if convicted of possession of a substance

25 prohibited by the Cannabis Control Act, the Illinois

26 Controlled Substances Act, or the Methamphetamine Control

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1 and Community Protection Act after a previous conviction

2 or disposition of supervision for possession of a

3 substance prohibited by the Cannabis Control Act or

4 Illinois Controlled Substances Act or after a sentence of

5 probation under Section 10 of the Cannabis Control Act,

6 Section 410 of the Illinois Controlled Substances Act, or

7 Section 70 of the Methamphetamine Control and Community

8 Protection Act and upon a finding by the court that the

9 person is addicted, undergo treatment at a substance abuse

10 program approved by the court;

11 (8.5) if convicted of a felony sex offense as defined

12 in the Sex Offender Management Board Act, the person shall

13 undergo and successfully complete sex offender treatment

14 by a treatment provider approved by the Board and

15 conducted in conformance with the standards developed

16 under the Sex Offender Management Board Act;

17 (8.6) if convicted of a sex offense as defined in the

18 Sex Offender Management Board Act, refrain from residing

19 at the same address or in the same condominium unit or

20 apartment unit or in the same condominium complex or

21 apartment complex with another person he or she knows or

22 reasonably should know is a convicted sex offender or has

23 been placed on supervision for a sex offense; the

24 provisions of this paragraph do not apply to a person

25 convicted of a sex offense who is placed in a Department of

26 Corrections licensed transitional housing facility for sex

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1 offenders;

2 (8.7) if convicted for an offense committed on or

3 after June 1, 2008 (the effective date of Public Act

4 95-464) that would qualify the accused as a child sex

5 offender as defined in Section 11-9.3 or 11-9.4 of the

6 Criminal Code of 1961 or the Criminal Code of 2012,

7 refrain from communicating with or contacting, by means of

8 the Internet, a person who is not related to the accused

9 and whom the accused reasonably believes to be under 18

10 years of age; for purposes of this paragraph (8.7),

11 "Internet" has the meaning ascribed to it in Section

12 16-0.1 of the Criminal Code of 2012; and a person is not

13 related to the accused if the person is not: (i) the

14 spouse, brother, or sister of the accused; (ii) a

15 descendant of the accused; (iii) a first or second cousin

16 of the accused; or (iv) a step-child or adopted child of

17 the accused;

18 (8.8) if convicted for an offense under Section 11-6,

19 11-9.1, 11-14.4 that involves soliciting for a juvenile

20 prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21

21 of the Criminal Code of 1961 or the Criminal Code of 2012,

22 or any attempt to commit any of these offenses, committed

23 on or after June 1, 2009 (the effective date of Public Act

24 95-983):

25 (i) not access or use a computer or any other

26 device with Internet capability without the prior

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1 written approval of the offender's probation officer,

2 except in connection with the offender's employment or

3 search for employment with the prior approval of the

4 offender's probation officer;

5 (ii) submit to periodic unannounced examinations

6 of the offender's computer or any other device with

7 Internet capability by the offender's probation

8 officer, a law enforcement officer, or assigned

9 computer or information technology specialist,

10 including the retrieval and copying of all data from

11 the computer or device and any internal or external

12 peripherals and removal of such information,

13 equipment, or device to conduct a more thorough

14 inspection;

15 (iii) submit to the installation on the offender's

16 computer or device with Internet capability, at the

17 offender's expense, of one or more hardware or

18 software systems to monitor the Internet use; and

19 (iv) submit to any other appropriate restrictions

20 concerning the offender's use of or access to a

21 computer or any other device with Internet capability

22 imposed by the offender's probation officer;

23 (8.9) if convicted of a sex offense as defined in the

24 Sex Offender Registration Act committed on or after

25 January 1, 2010 (the effective date of Public Act 96-262),

26 refrain from accessing or using a social networking

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1 website as defined in Section 17-0.5 of the Criminal Code

2 of 2012;

3 (9) if convicted of a felony or of any misdemeanor

4 violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or

5 12-3.5 of the Criminal Code of 1961 or the Criminal Code of

6 2012 that was determined, pursuant to Section 112A-11.1 of

7 the Code of Criminal Procedure of 1963, to trigger the

8 prohibitions of 18 U.S.C. 922(g)(9), physically surrender

9 at a time and place designated by the court, ~~his or her~~

10 ~~Firearm Owner's Identification Card and~~ any and all

11 firearms in his or her possession~~. The Court shall return~~

12 ~~to the Illinois State Police Firearm Owner's~~

13 ~~Identification Card Office the person's Firearm Owner's~~

14 ~~Identification Card~~;

15 (10) if convicted of a sex offense as defined in

16 subsection (a-5) of Section 3-1-2 of this Code, unless the

17 offender is a parent or guardian of the person under 18

18 years of age present in the home and no non-familial

19 minors are present, not participate in a holiday event

20 involving children under 18 years of age, such as

21 distributing candy or other items to children on

22 Halloween, wearing a Santa Claus costume on or preceding

23 Christmas, being employed as a department store Santa

24 Claus, or wearing an Easter Bunny costume on or preceding

25 Easter;

26 (11) if convicted of a sex offense as defined in

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1 Section 2 of the Sex Offender Registration Act committed

2 on or after January 1, 2010 (the effective date of Public

3 Act 96-362) that requires the person to register as a sex

4 offender under that Act, may not knowingly use any

5 computer scrub software on any computer that the sex

6 offender uses;

7 (12) if convicted of a violation of the

8 Methamphetamine Control and Community Protection Act, the

9 Methamphetamine Precursor Control Act, or a

10 methamphetamine related offense:

11 (A) prohibited from purchasing, possessing, or

12 having under his or her control any product containing

13 pseudoephedrine unless prescribed by a physician; and

14 (B) prohibited from purchasing, possessing, or

15 having under his or her control any product containing

16 ammonium nitrate; and

17 (13) if convicted of a hate crime involving the

18 protected class identified in subsection (a) of Section

19 12-7.1 of the Criminal Code of 2012 that gave rise to the

20 offense the offender committed, perform public or

21 community service of no less than 200 hours and enroll in

22 an educational program discouraging hate crimes that

23 includes racial, ethnic, and cultural sensitivity training

24 ordered by the court.

25 (b) The Court may in addition to other reasonable

26 conditions relating to the nature of the offense or the

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1 rehabilitation of the defendant as determined for each

2 defendant in the proper discretion of the Court require that

3 the person:

4 (1) serve a term of periodic imprisonment under

5 Article 7 for a period not to exceed that specified in

6 paragraph (d) of Section 5-7-1;

7 (2) pay a fine and costs;

8 (3) work or pursue a course of study or vocational

9 training;

10 (4) undergo medical, psychological or psychiatric

11 treatment; or treatment for drug addiction or alcoholism;

12 (5) attend or reside in a facility established for the

13 instruction or residence of defendants on probation;

14 (6) support his dependents;

15 (7) and in addition, if a minor:

16 (i) reside with his parents or in a foster home;

17 (ii) attend school;

18 (iii) attend a non-residential program for youth;

19 (iv) provide nonfinancial contributions to his own

20 support at home or in a foster home;

21 (v) with the consent of the superintendent of the

22 facility, attend an educational program at a facility

23 other than the school in which the offense was

24 committed if he or she is convicted of a crime of

25 violence as defined in Section 2 of the Crime Victims

26 Compensation Act committed in a school, on the real

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1 property comprising a school, or within 1,000 feet of

2 the real property comprising a school;

3 (8) make restitution as provided in Section 5-5-6 of

4 this Code;

5 (9) perform some reasonable public or community

6 service;

7 (10) serve a term of home confinement. In addition to

8 any other applicable condition of probation or conditional

9 discharge, the conditions of home confinement shall be

10 that the offender:

11 (i) remain within the interior premises of the

12 place designated for his confinement during the hours

13 designated by the court;

14 (ii) admit any person or agent designated by the

15 court into the offender's place of confinement at any

16 time for purposes of verifying the offender's

17 compliance with the conditions of his confinement; and

18 (iii) if further deemed necessary by the court or

19 the probation or court services department, be placed

20 on an approved electronic monitoring device, subject

21 to Article 8A of Chapter V;

22 (iv) for persons convicted of any alcohol,

23 cannabis or controlled substance violation who are

24 placed on an approved monitoring device as a condition

25 of probation or conditional discharge, the court shall

26 impose a reasonable fee for each day of the use of the

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1 device, as established by the county board in

2 subsection (g) of this Section, unless after

3 determining the inability of the offender to pay the

4 fee, the court assesses a lesser fee or no fee as the

5 case may be. This fee shall be imposed in addition to

6 the fees imposed under subsections (g) and (i) of this

7 Section. The fee shall be collected by the clerk of the

8 circuit court, except as provided in an administrative

9 order of the Chief Judge of the circuit court. The

10 clerk of the circuit court shall pay all monies

11 collected from this fee to the county treasurer for

12 deposit in the substance abuse services fund under

13 Section 5-1086.1 of the Counties Code, except as

14 provided in an administrative order of the Chief Judge

15 of the circuit court.

16 The Chief Judge of the circuit court of the county

17 may by administrative order establish a program for

18 electronic monitoring of offenders, in which a vendor

19 supplies and monitors the operation of the electronic

20 monitoring device, and collects the fees on behalf of

21 the county. The program shall include provisions for

22 indigent offenders and the collection of unpaid fees.

23 The program shall not unduly burden the offender and

24 shall be subject to review by the Chief Judge.

25 The Chief Judge of the circuit court may suspend

26 any additional charges or fees for late payment,

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1 interest, or damage to any device; and

2 (v) for persons convicted of offenses other than

3 those referenced in clause (iv) above and who are

4 placed on an approved monitoring device as a condition

5 of probation or conditional discharge, the court shall

6 impose a reasonable fee for each day of the use of the

7 device, as established by the county board in

8 subsection (g) of this Section, unless after

9 determining the inability of the defendant to pay the

10 fee, the court assesses a lesser fee or no fee as the

11 case may be. This fee shall be imposed in addition to

12 the fees imposed under subsections (g) and (i) of this

13 Section. The fee shall be collected by the clerk of the

14 circuit court, except as provided in an administrative

15 order of the Chief Judge of the circuit court. The

16 clerk of the circuit court shall pay all monies

17 collected from this fee to the county treasurer who

18 shall use the monies collected to defray the costs of

19 corrections. The county treasurer shall deposit the

20 fee collected in the probation and court services

21 fund. The Chief Judge of the circuit court of the

22 county may by administrative order establish a program

23 for electronic monitoring of offenders, in which a

24 vendor supplies and monitors the operation of the

25 electronic monitoring device, and collects the fees on

26 behalf of the county. The program shall include

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1 provisions for indigent offenders and the collection

2 of unpaid fees. The program shall not unduly burden

3 the offender and shall be subject to review by the

4 Chief Judge.

5 The Chief Judge of the circuit court may suspend

6 any additional charges or fees for late payment,

7 interest, or damage to any device.

8 (11) comply with the terms and conditions of an order

9 of protection issued by the court pursuant to the Illinois

10 Domestic Violence Act of 1986, as now or hereafter

11 amended, or an order of protection issued by the court of

12 another state, tribe, or United States territory. A copy

13 of the order of protection shall be transmitted to the

14 probation officer or agency having responsibility for the

15 case;

16 (12) reimburse any "local anti-crime program" as

17 defined in Section 7 of the Anti-Crime Advisory Council

18 Act for any reasonable expenses incurred by the program on

19 the offender's case, not to exceed the maximum amount of

20 the fine authorized for the offense for which the

21 defendant was sentenced;

22 (13) contribute a reasonable sum of money, not to

23 exceed the maximum amount of the fine authorized for the

24 offense for which the defendant was sentenced, (i) to a

25 "local anti-crime program", as defined in Section 7 of the

26 Anti-Crime Advisory Council Act, or (ii) for offenses

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1 under the jurisdiction of the Department of Natural

2 Resources, to the fund established by the Department of

3 Natural Resources for the purchase of evidence for

4 investigation purposes and to conduct investigations as

5 outlined in Section 805-105 of the Department of Natural

6 Resources (Conservation) Law;

7 (14) refrain from entering into a designated

8 geographic area except upon such terms as the court finds

9 appropriate. Such terms may include consideration of the

10 purpose of the entry, the time of day, other persons

11 accompanying the defendant, and advance approval by a

12 probation officer, if the defendant has been placed on

13 probation or advance approval by the court, if the

14 defendant was placed on conditional discharge;

15 (15) refrain from having any contact, directly or

16 indirectly, with certain specified persons or particular

17 types of persons, including, but not limited to, members

18 of street gangs and drug users or dealers;

19 (16) refrain from having in his or her body the

20 presence of any illicit drug prohibited by the Illinois

21 Controlled Substances Act or the Methamphetamine Control

22 and Community Protection Act, unless prescribed by a

23 physician, and submit samples of his or her blood or urine

24 or both for tests to determine the presence of any illicit

25 drug;

26 (17) if convicted for an offense committed on or after

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1 June 1, 2008 (the effective date of Public Act 95-464)

2 that would qualify the accused as a child sex offender as

3 defined in Section 11-9.3 or 11-9.4 of the Criminal Code

4 of 1961 or the Criminal Code of 2012, refrain from

5 communicating with or contacting, by means of the

6 Internet, a person who is related to the accused and whom

7 the accused reasonably believes to be under 18 years of

8 age; for purposes of this paragraph (17), "Internet" has

9 the meaning ascribed to it in Section 16-0.1 of the

10 Criminal Code of 2012; and a person is related to the

11 accused if the person is: (i) the spouse, brother, or

12 sister of the accused; (ii) a descendant of the accused;

13 (iii) a first or second cousin of the accused; or (iv) a

14 step-child or adopted child of the accused;

15 (18) if convicted for an offense committed on or after

16 June 1, 2009 (the effective date of Public Act 95-983)

17 that would qualify as a sex offense as defined in the Sex

18 Offender Registration Act:

19 (i) not access or use a computer or any other

20 device with Internet capability without the prior

21 written approval of the offender's probation officer,

22 except in connection with the offender's employment or

23 search for employment with the prior approval of the

24 offender's probation officer;

25 (ii) submit to periodic unannounced examinations

26 of the offender's computer or any other device with

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1 Internet capability by the offender's probation

2 officer, a law enforcement officer, or assigned

3 computer or information technology specialist,

4 including the retrieval and copying of all data from

5 the computer or device and any internal or external

6 peripherals and removal of such information,

7 equipment, or device to conduct a more thorough

8 inspection;

9 (iii) submit to the installation on the offender's

10 computer or device with Internet capability, at the

11 subject's expense, of one or more hardware or software

12 systems to monitor the Internet use; and

13 (iv) submit to any other appropriate restrictions

14 concerning the offender's use of or access to a

15 computer or any other device with Internet capability

16 imposed by the offender's probation officer; and

17 (19) refrain from possessing a firearm or other

18 dangerous weapon where the offense is a misdemeanor that

19 did not involve the intentional or knowing infliction of

20 bodily harm or threat of bodily harm.

21 (c) The court may as a condition of probation or of

22 conditional discharge require that a person under 18 years of

23 age found guilty of any alcohol, cannabis or controlled

24 substance violation, refrain from acquiring a driver's license

25 during the period of probation or conditional discharge. If

26 such person is in possession of a permit or license, the court

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1 may require that the minor refrain from driving or operating

2 any motor vehicle during the period of probation or

3 conditional discharge, except as may be necessary in the

4 course of the minor's lawful employment.

5 (d) An offender sentenced to probation or to conditional

6 discharge shall be given a certificate setting forth the

7 conditions thereof.

8 (e) Except where the offender has committed a fourth or

9 subsequent violation of subsection (c) of Section 6-303 of the

10 Illinois Vehicle Code, the court shall not require as a

11 condition of the sentence of probation or conditional

12 discharge that the offender be committed to a period of

13 imprisonment in excess of 6 months. This 6-month limit shall

14 not include periods of confinement given pursuant to a

15 sentence of county impact incarceration under Section 5-8-1.2.

16 Persons committed to imprisonment as a condition of

17 probation or conditional discharge shall not be committed to

18 the Department of Corrections.

19 (f) The court may combine a sentence of periodic

20 imprisonment under Article 7 or a sentence to a county impact

21 incarceration program under Article 8 with a sentence of

22 probation or conditional discharge.

23 (g) An offender sentenced to probation or to conditional

24 discharge and who during the term of either undergoes

25 mandatory drug or alcohol testing, or both, or is assigned to

26 be placed on an approved electronic monitoring device, shall

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1 be ordered to pay all costs incidental to such mandatory drug

2 or alcohol testing, or both, and all costs incidental to such

3 approved electronic monitoring in accordance with the

4 defendant's ability to pay those costs. The county board with

5 the concurrence of the Chief Judge of the judicial circuit in

6 which the county is located shall establish reasonable fees

7 for the cost of maintenance, testing, and incidental expenses

8 related to the mandatory drug or alcohol testing, or both, and

9 all costs incidental to approved electronic monitoring,

10 involved in a successful probation program for the county. The

11 concurrence of the Chief Judge shall be in the form of an

12 administrative order. The fees shall be collected by the clerk

13 of the circuit court, except as provided in an administrative

14 order of the Chief Judge of the circuit court. The clerk of the

15 circuit court shall pay all moneys collected from these fees

16 to the county treasurer who shall use the moneys collected to

17 defray the costs of drug testing, alcohol testing, and

18 electronic monitoring. The county treasurer shall deposit the

19 fees collected in the county working cash fund under Section

20 6-27001 or Section 6-29002 of the Counties Code, as the case

21 may be. The Chief Judge of the circuit court of the county may

22 by administrative order establish a program for electronic

23 monitoring of offenders, in which a vendor supplies and

24 monitors the operation of the electronic monitoring device,

25 and collects the fees on behalf of the county. The program

26 shall include provisions for indigent offenders and the

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1 collection of unpaid fees. The program shall not unduly burden

2 the offender and shall be subject to review by the Chief Judge.

3 A person shall not be assessed costs or fees for mandatory

4 testing for drugs, alcohol, or both, if the person is an

5 indigent person as defined in paragraph (2) of subsection (a)

6 of Section 5-105 of the Code of Civil Procedure.

7 The Chief Judge of the circuit court may suspend any

8 additional charges or fees for late payment, interest, or

9 damage to any device.

10 (h) Jurisdiction over an offender may be transferred from

11 the sentencing court to the court of another circuit with the

12 concurrence of both courts. Further transfers or retransfers

13 of jurisdiction are also authorized in the same manner. The

14 court to which jurisdiction has been transferred shall have

15 the same powers as the sentencing court. The probation

16 department within the circuit to which jurisdiction has been

17 transferred, or which has agreed to provide supervision, may

18 impose probation fees upon receiving the transferred offender,

19 as provided in subsection (i). For all transfer cases, as

20 defined in Section 9b of the Probation and Probation Officers

21 Act, the probation department from the original sentencing

22 court shall retain all probation fees collected prior to the

23 transfer. After the transfer, all probation fees shall be paid

24 to the probation department within the circuit to which

25 jurisdiction has been transferred.

26 (i) The court shall impose upon an offender sentenced to

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1 probation after January 1, 1989 or to conditional discharge

2 after January 1, 1992 or to community service under the

3 supervision of a probation or court services department after

4 January 1, 2004, as a condition of such probation or

5 conditional discharge or supervised community service, a fee

6 of $50 for each month of probation or conditional discharge

7 supervision or supervised community service ordered by the

8 court, unless after determining the inability of the person

9 sentenced to probation or conditional discharge or supervised

10 community service to pay the fee, the court assesses a lesser

11 fee. The court may not impose the fee on a minor who is placed

12 in the guardianship or custody of the Department of Children

13 and Family Services under the Juvenile Court Act of 1987 while

14 the minor is in placement. The fee shall be imposed only upon

15 an offender who is actively supervised by the probation and

16 court services department. The fee shall be collected by the

17 clerk of the circuit court. The clerk of the circuit court

18 shall pay all monies collected from this fee to the county

19 treasurer for deposit in the probation and court services fund

20 under Section 15.1 of the Probation and Probation Officers

21 Act.

22 A circuit court may not impose a probation fee under this

23 subsection (i) in excess of $25 per month unless the circuit

24 court has adopted, by administrative order issued by the Chief

25 Judge, a standard probation fee guide determining an

26 offender's ability to pay. Of the amount collected as a

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1 probation fee, up to $5 of that fee collected per month may be

2 used to provide services to crime victims and their families.

3 The Court may only waive probation fees based on an

4 offender's ability to pay. The probation department may

5 re-evaluate an offender's ability to pay every 6 months, and,

6 with the approval of the Director of Court Services or the

7 Chief Probation Officer, adjust the monthly fee amount. An

8 offender may elect to pay probation fees due in a lump sum. Any

9 offender that has been assigned to the supervision of a

10 probation department, or has been transferred either under

11 subsection (h) of this Section or under any interstate

12 compact, shall be required to pay probation fees to the

13 department supervising the offender, based on the offender's

14 ability to pay.

15 Public Act 93-970 deletes the $10 increase in the fee

16 under this subsection that was imposed by Public Act 93-616.

17 This deletion is intended to control over any other Act of the

18 93rd General Assembly that retains or incorporates that fee

19 increase.

20 (i-5) In addition to the fees imposed under subsection (i)

21 of this Section, in the case of an offender convicted of a

22 felony sex offense (as defined in the Sex Offender Management

23 Board Act) or an offense that the court or probation

24 department has determined to be sexually motivated (as defined

25 in the Sex Offender Management Board Act), the court or the

26 probation department shall assess additional fees to pay for

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1 all costs of treatment, assessment, evaluation for risk and

2 treatment, and monitoring the offender, based on that

3 offender's ability to pay those costs either as they occur or

4 under a payment plan.

5 (j) All fines and costs imposed under this Section for any

6 violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle

7 Code, or a similar provision of a local ordinance, and any

8 violation of the Child Passenger Protection Act, or a similar

9 provision of a local ordinance, shall be collected and

10 disbursed by the circuit clerk as provided under the Criminal

11 and Traffic Assessment Act.

12 (k) Any offender who is sentenced to probation or

13 conditional discharge for a felony sex offense as defined in

14 the Sex Offender Management Board Act or any offense that the

15 court or probation department has determined to be sexually

16 motivated as defined in the Sex Offender Management Board Act

17 shall be required to refrain from any contact, directly or

18 indirectly, with any persons specified by the court and shall

19 be available for all evaluations and treatment programs

20 required by the court or the probation department.

21 (l) The court may order an offender who is sentenced to

22 probation or conditional discharge for a violation of an order

23 of protection be placed under electronic surveillance as

24 provided in Section 5-8A-7 of this Code.

25 (m) Except for restitution, and assessments issued for

26 adjudications under Section 5-125 of the Juvenile Court Act of

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1 1987, fines and assessments, such as fees or administrative

2 costs, authorized under this Section shall not be ordered or

3 imposed on a minor subject to Article III, IV, or V of the

4 Juvenile Court Act of 1987, or a minor under the age of 18

5 transferred to adult court or excluded from juvenile court

6 jurisdiction under Article V of the Juvenile Court Act of

7 1987, or the minor's parent, guardian, or legal custodian.

8 (n) A person on probation, conditional discharge, or

9 supervision shall not be ordered to refrain from having

10 cannabis or alcohol in his or her body unless:

11 (1) the person is under 21 years old;

12 (2) the person was sentenced to probation, conditional

13 discharge, or supervision for an offense which had as an

14 element of the offense the presence of an intoxicating

15 compound in the person's body;

16 (3) the person is participating in a problem-solving

17 court certified by the Illinois Supreme Court;

18 (4) the person has undergone a validated clinical

19 assessment and the clinical treatment plan includes

20 alcohol or cannabis testing; or

21 (5) a court ordered evaluation recommends that the

22 person refrain from using alcohol or cannabis, provided

23 the evaluation is a validated clinical assessment and the

24 recommendation originates from a clinical treatment plan.

25 If the court has made findings that alcohol use was a

26 contributing factor in the commission of the underlying

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1 offense, the court may order a person on probation,

2 conditional discharge, or supervision to refrain from having

3 alcohol in his or her body during the time between sentencing

4 and the completion of a validated clinical assessment,

5 provided that such order shall not exceed 30 days and shall be

6 terminated if the clinical treatment plan does not recommend

7 abstinence or testing, or both.

8 In this subsection (n), "validated clinical assessment"

9 and "clinical treatment plan" have the meanings ascribed to

10 them in Section 10 of the Drug Court Treatment Act.

11 In any instance in which the court orders testing for

12 cannabis or alcohol, the court shall state the reasonable

13 relation the condition has to the person's crime for which the

14 person was placed on probation, conditional discharge, or

15 supervision.

16 (o) A person on probation, conditional discharge, or

17 supervision shall not be ordered to refrain from use or

18 consumption of any substance lawfully prescribed by a medical

19 provider or authorized by the Compassionate Use of Medical

20 Cannabis Program Act, except where use is prohibited in

21 paragraph (3) or (4) of subsection (n).

22 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;

23 103-271, eff. 1-1-24; 103-379, eff. 7-28-23; 103-391, eff.

24 1-1-24; 103-605, eff. 7-1-24.)

25 Section 95. The Stalking No Contact Order Act is amended

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1 by changing Section 80 as follows:

2 (740 ILCS 21/80)

3 Sec. 80. Stalking no contact orders; remedies.

4 (a) If the court finds that the petitioner has been a

5 victim of stalking, a stalking no contact order shall issue;

6 provided that the petitioner must also satisfy the

7 requirements of Section 95 on emergency orders or Section 100

8 on plenary orders. The petitioner shall not be denied a

9 stalking no contact order because the petitioner or the

10 respondent is a minor. The court, when determining whether or

11 not to issue a stalking no contact order, may not require

12 physical injury on the person of the petitioner. Modification

13 and extension of prior stalking no contact orders shall be in

14 accordance with this Act.

15 (b) A stalking no contact order shall order one or more of

16 the following:

17 (1) prohibit the respondent from threatening to commit

18 or committing stalking;

19 (2) order the respondent not to have any contact with

20 the petitioner or a third person specifically named by the

21 court;

22 (3) prohibit the respondent from knowingly coming

23 within, or knowingly remaining within a specified distance

24 of the petitioner or the petitioner's residence, school,

25 daycare, or place of employment, or any specified place

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1 frequented by the petitioner; however, the court may order

2 the respondent to stay away from the respondent's own

3 residence, school, or place of employment only if the

4 respondent has been provided actual notice of the

5 opportunity to appear and be heard on the petition;

6 (4) prohibit the respondent from ~~possessing a Firearm~~

7 ~~Owners Identification Card, or~~ possessing or buying

8 firearms;

9 (5) prohibit the respondent from using any electronic

10 tracking system or acquiring tracking information to

11 determine the petitioner's location, movement, or travel

12 pattern; and

13 (6) order other injunctive relief the court determines

14 to be necessary to protect the petitioner or third party

15 specifically named by the court.

16 (b-5) When the petitioner and the respondent attend the

17 same public, private, or non-public elementary, middle, or

18 high school, the court when issuing a stalking no contact

19 order and providing relief shall consider the severity of the

20 act, any continuing physical danger or emotional distress to

21 the petitioner, the educational rights guaranteed to the

22 petitioner and respondent under federal and State law, the

23 availability of a transfer of the respondent to another

24 school, a change of placement or a change of program of the

25 respondent, the expense, difficulty, and educational

26 disruption that would be caused by a transfer of the

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1 respondent to another school, and any other relevant facts of

2 the case. The court may order that the respondent not attend

3 the public, private, or non-public elementary, middle, or high

4 school attended by the petitioner, order that the respondent

5 accept a change of placement or program, as determined by the

6 school district or private or non-public school, or place

7 restrictions on the respondent's movements within the school

8 attended by the petitioner. The respondent bears the burden of

9 proving by a preponderance of the evidence that a transfer,

10 change of placement, or change of program of the respondent is

11 not available. The respondent also bears the burden of

12 production with respect to the expense, difficulty, and

13 educational disruption that would be caused by a transfer of

14 the respondent to another school. A transfer, change of

15 placement, or change of program is not unavailable to the

16 respondent solely on the ground that the respondent does not

17 agree with the school district's or private or non-public

18 school's transfer, change of placement, or change of program

19 or solely on the ground that the respondent fails or refuses to

20 consent to or otherwise does not take an action required to

21 effectuate a transfer, change of placement, or change of

22 program. When a court orders a respondent to stay away from the

23 public, private, or non-public school attended by the

24 petitioner and the respondent requests a transfer to another

25 attendance center within the respondent's school district or

26 private or non-public school, the school district or private

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1 or non-public school shall have sole discretion to determine

2 the attendance center to which the respondent is transferred.

3 In the event the court order results in a transfer of the minor

4 respondent to another attendance center, a change in the

5 respondent's placement, or a change of the respondent's

6 program, the parents, guardian, or legal custodian of the

7 respondent is responsible for transportation and other costs

8 associated with the transfer or change.

9 (b-6) The court may order the parents, guardian, or legal

10 custodian of a minor respondent to take certain actions or to

11 refrain from taking certain actions to ensure that the

12 respondent complies with the order. In the event the court

13 orders a transfer of the respondent to another school, the

14 parents, guardian, or legal custodian of the respondent are

15 responsible for transportation and other costs associated with

16 the change of school by the respondent.

17 (b-7) The court shall not hold a school district or

18 private or non-public school or any of its employees in civil

19 or criminal contempt unless the school district or private or

20 non-public school has been allowed to intervene.

21 (b-8) The court may hold the parents, guardian, or legal

22 custodian of a minor respondent in civil or criminal contempt

23 for a violation of any provision of any order entered under

24 this Act for conduct of the minor respondent in violation of

25 this Act if the parents, guardian, or legal custodian

26 directed, encouraged, or assisted the respondent minor in such

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1 conduct.

2 (c) The court may award the petitioner costs and attorneys

3 fees if a stalking no contact order is granted.

4 (d) Monetary damages are not recoverable as a remedy.

5 (e) If the stalking no contact order prohibits the

6 respondent from ~~possessing a Firearm Owner's Identification~~

7 ~~Card, or~~ possessing or buying firearms; the court shall

8 confiscate the respondent's firearms ~~Firearm Owner's~~

9 ~~Identification Card and immediately return the card to the~~

10 ~~Illinois State Police Firearm Owner's Identification Card~~

11 ~~Office~~.

12 (Source: P.A. 102-538, eff. 8-20-21; 103-760, eff. 1-1-25.)

13 Section 100. The Mental Health and Developmental

14 Disabilities Confidentiality Act is amended by changing

15 Section 12 as follows:

16 (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)

17 Sec. 12. (a) If the United States Secret Service or the

18 Illinois State Police requests information from a mental

19 health or developmental disability facility, as defined in

20 Section 1-107 and 1-114 of the Mental Health and Developmental

21 Disabilities Code, relating to a specific recipient and the

22 facility director determines that disclosure of such

23 information may be necessary to protect the life of, or to

24 prevent the infliction of great bodily harm to, a public

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1 official, or a person under the protection of the United

2 States Secret Service, only the following information may be

3 disclosed: the recipient's name, address, and age and the date

4 of any admission to or discharge from a facility; and any

5 information which would indicate whether or not the recipient

6 has a history of violence or presents a danger of violence to

7 the person under protection. Any information so disclosed

8 shall be used for investigative purposes only and shall not be

9 publicly disseminated. Any person participating in good faith

10 in the disclosure of such information in accordance with this

11 provision shall have immunity from any liability, civil,

12 criminal or otherwise, if such information is disclosed

13 relying upon the representation of an officer of the United

14 States Secret Service or the Illinois State Police that a

15 person is under the protection of the United States Secret

16 Service or is a public official.

17 For the purpose of this subsection (a), the term "public

18 official" means the Governor, Lieutenant Governor, Attorney

19 General, Secretary of State, State Comptroller, State

20 Treasurer, member of the General Assembly, member of the

21 United States Congress, Judge of the United States as defined

22 in 28 U.S.C. 451, Justice of the United States as defined in 28

23 U.S.C. 451, United States Magistrate Judge as defined in 28

24 U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or

25 Supreme, Appellate, Circuit, or Associate Judge of the State

26 of Illinois. The term shall also include the spouse, child or

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1 children of a public official.

2 (b) The Department of Human Services (acting as successor

3 to the Department of Mental Health and Developmental

4 Disabilities) and all public or private hospitals and mental

5 health facilities are required, as hereafter described in this

6 subsection, to furnish the Illinois State Police only such

7 information as may be required for the sole purpose of

8 determining whether an individual who may be or may have been a

9 patient is disqualified because of that status from receiving

10 or retaining a firearm under paragraph (4) of subsection (a)

11 of Section 24-3.1 of the Criminal Code of 2012 ~~Firearm Owner's~~

12 ~~Identification Card or falls within the federal prohibitors~~

13 ~~under subsection (e), (f), (g), (r), (s), or (t) of Section 8~~

14 ~~of the Firearm Owners Identification Card Act~~, or falls within

15 the federal prohibitors in 18 U.S.C. 922(g) and (n). All

16 physicians, clinical psychologists, or qualified examiners at

17 public or private mental health facilities or parts thereof as

18 defined in this subsection shall, in the form and manner

19 required by the Department, provide notice directly to the

20 Department of Human Services, or to his or her employer who

21 shall then report to the Department, within 24 hours after

22 determining that a person poses a clear and present danger to

23 himself, herself, or others, or within 7 days after a person 14

24 years or older is determined to be a person with a

25 developmental disability by a physician, clinical

26 psychologist, or qualified examiner as described in this

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1 subsection (b) ~~Section 1.1 of the Firearm Owners~~

2 ~~Identification Card Act~~. If a person is a patient as described

3 in clause (2)(A) ~~(1)~~ of the definition of "patient" in this

4 subsection ~~Section 1.1 of the Firearm Owners Identification~~

5 ~~Card Act~~, this information shall be furnished within 7 days

6 after admission to a public or private hospital or mental

7 health facility or the provision of services. Any such

8 information disclosed under this subsection shall remain

9 privileged and confidential, and shall not be redisclosed,

10 except as required by clause (e)(2) of Section 24-4.5 of the

11 Criminal Code of 2012 ~~subsection (e) of Section 3.1 of the~~

12 ~~Firearm Owners Identification Card Act~~, nor utilized for any

13 other purpose. The method of requiring the providing of such

14 information shall guarantee that no information is released

15 beyond what is necessary for this purpose. In addition, the

16 information disclosed shall be provided by the Department

17 within the time period established by Section 24-3 of the

18 Criminal Code of 2012 regarding the delivery of firearms. The

19 method used shall be sufficient to provide the necessary

20 information within the prescribed time period, which may

21 include periodically providing lists to the Department of

22 Human Services or any public or private hospital or mental

23 health facility of ~~Firearm Owner's Identification Card~~

24 applicants for firearm purchases on which the Department or

25 hospital shall indicate the identities of those individuals

26 who are to its knowledge disqualified from having a firearm

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1 ~~Firearm Owner's Identification Card~~ for reasons described

2 herein. The Department may provide for a centralized source of

3 information for the State on this subject under its

4 jurisdiction. The identity of the person reporting under this

5 subsection shall not be disclosed to the subject of the

6 report. For the purposes of this subsection, the physician,

7 clinical psychologist, or qualified examiner making the

8 determination and his or her employer shall not be held

9 criminally, civilly, or professionally liable for making or

10 not making the notification required under this subsection,

11 except for willful or wanton misconduct.

12 Any person, institution, or agency, under this Act,

13 participating in good faith in the reporting or disclosure of

14 records and communications otherwise in accordance with this

15 provision or with rules, regulations or guidelines issued by

16 the Department shall have immunity from any liability, civil,

17 criminal or otherwise, that might result by reason of the

18 action. For the purpose of any proceeding, civil or criminal,

19 arising out of a report or disclosure in accordance with this

20 provision, the good faith of any person, institution, or

21 agency so reporting or disclosing shall be presumed. The full

22 extent of the immunity provided in this subsection (b) shall

23 apply to any person, institution or agency that fails to make a

24 report or disclosure in the good faith belief that the report

25 or disclosure would violate federal regulations governing the

26 confidentiality of alcohol and drug abuse patient records

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1 implementing 42 U.S.C. 290dd-3 and 290ee-3.

2 For purposes of this subsection (b) only, the following

3 terms shall have the meaning prescribed:

4 (1) (Blank).

5 (1.3) "Clear and present danger" has the meaning as

6 defined in Section 6-103.3 of the Mental Health and

7 Developmental Disabilities Code ~~1.1 of the Firearm Owners~~

8 ~~Identification Card Act~~.

9 (1.5) "Person with a developmental disability" has the

10 meaning as defined in Section 6-103.3 of the Mental Health

11 and Developmental Disabilities Code ~~1.1 of the Firearm~~

12 ~~Owners Identification Card Act~~.

13 (2) "Patient" means (A) a person who voluntarily

14 receives mental health treatment as an in-patient or

15 resident of any public or private mental health facility,

16 unless the treatment was solely for an alcohol abuse

17 disorder and no other secondary substance abuse disorder

18 or mental illness; or (B) a person who voluntarily

19 receives mental health treatment as an out-patient or is

20 provided services by a public or private mental health

21 facility, and who poses a clear and present danger to

22 himself, herself, or to others ~~has the meaning as defined~~

23 ~~in Section 1.1 of the Firearm Owners Identification Card~~

24 ~~Act~~.

25 (3) "Mental health facility" means any licensed

26 private hospital or hospital affiliate, institution, or

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1 facility, or part thereof, and any facility, or part

2 thereof, operated by the State or a political subdivision

3 thereof which provide treatment of persons with mental

4 illness and includes all hospitals, institutions, clinics,

5 evaluation facilities, mental health centers, colleges,

6 universities, long-term care facilities, and nursing

7 homes, or parts thereof, which provide treatment of

8 persons with mental illness whether or not the primary

9 purpose is to provide treatment of persons with mental

10 illness ~~has the meaning as defined in Section 1.1 of the~~

11 ~~Firearm Owners Identification Card Act~~.

12 (c) Upon the request of a peace officer who takes a person

13 into custody and transports such person to a mental health or

14 developmental disability facility pursuant to Section 3-606 or

15 4-404 of the Mental Health and Developmental Disabilities Code

16 or who transports a person from such facility, a facility

17 director shall furnish said peace officer the name, address,

18 age and name of the nearest relative of the person transported

19 to or from the mental health or developmental disability

20 facility. In no case shall the facility director disclose to

21 the peace officer any information relating to the diagnosis,

22 treatment or evaluation of the person's mental or physical

23 health.

24 For the purposes of this subsection (c), the terms "mental

25 health or developmental disability facility", "peace officer"

26 and "facility director" shall have the meanings ascribed to

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1 them in the Mental Health and Developmental Disabilities Code.

2 (d) Upon the request of a peace officer or prosecuting

3 authority who is conducting a bona fide investigation of a

4 criminal offense, or attempting to apprehend a fugitive from

5 justice, a facility director may disclose whether a person is

6 present at the facility. Upon request of a peace officer or

7 prosecuting authority who has a valid forcible felony warrant

8 issued, a facility director shall disclose: (1) whether the

9 person who is the subject of the warrant is present at the

10 facility and (2) the date of that person's discharge or future

11 discharge from the facility. The requesting peace officer or

12 prosecuting authority must furnish a case number and the

13 purpose of the investigation or an outstanding arrest warrant

14 at the time of the request. Any person, institution, or agency

15 participating in good faith in disclosing such information in

16 accordance with this subsection (d) is immune from any

17 liability, civil, criminal or otherwise, that might result by

18 reason of the action.

19 (Source: P.A. 102-538, eff. 8-20-21.)

20 Section 105. The Illinois Domestic Violence Act of 1986 is

21 amended by changing Sections 210 and 214 as follows:

22 (750 ILCS 60/210) (from Ch. 40, par. 2312-10)

23 Sec. 210. Process.

24 (a) Summons. Any action for an order of protection,

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1 whether commenced alone or in conjunction with another

2 proceeding, is a distinct cause of action and requires that a

3 separate summons be issued and served, except that in pending

4 cases the following methods may be used:

5 (1) By delivery of the summons to respondent

6 personally in open court in pending civil or criminal

7 cases.

8 (2) By notice in accordance with Section 210.1 in

9 civil cases in which the defendant has filed a general

10 appearance.

11 The summons shall be in the form prescribed by Supreme

12 Court Rule 101(d), except that it shall require respondent to

13 answer or appear within 7 days. Attachments to the summons or

14 notice shall include the petition for order of protection and

15 supporting affidavits, if any, and any emergency order of

16 protection that has been issued. The enforcement of an order

17 of protection under Section 223 shall not be affected by the

18 lack of service, delivery, or notice, provided the

19 requirements of subsection (d) of that Section are otherwise

20 met.

21 (b) Blank.

22 (c) Expedited service. The summons shall be served by the

23 sheriff or other law enforcement officer at the earliest time

24 and shall take precedence over other summonses except those of

25 a similar emergency nature. Special process servers may be

26 appointed at any time, and their designation shall not affect

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1 the responsibilities and authority of the sheriff or other

2 official process servers. In counties with a population over

3 3,000,000, a special process server may not be appointed if

4 the order of protection grants the surrender of a child, the

5 surrender of a firearm ~~or firearm owners identification card~~,

6 or the exclusive possession of a shared residence.

7 (d) Remedies requiring actual notice. The counseling,

8 payment of support, payment of shelter services, and payment

9 of losses remedies provided by paragraphs 4, 12, 13, and 16 of

10 subsection (b) of Section 214 may be granted only if

11 respondent has been personally served with process, has

12 answered or has made a general appearance.

13 (e) Remedies upon constructive notice. Service of process

14 on a member of respondent's household or by publication shall

15 be adequate for the remedies provided by paragraphs 1, 2, 3, 5,

16 6, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section

17 214, but only if: (i) petitioner has made all reasonable

18 efforts to accomplish actual service of process personally

19 upon respondent, but respondent cannot be found to effect such

20 service and (ii) petitioner files an affidavit or presents

21 sworn testimony as to those efforts.

22 (f) Default. A plenary order of protection may be entered

23 by default as follows:

24 (1) For any of the remedies sought in the petition, if

25 respondent has been served or given notice in accordance

26 with subsection (a) and if respondent then fails to appear

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1 as directed or fails to appear on any subsequent

2 appearance or hearing date agreed to by the parties or set

3 by the court; or

4 (2) For any of the remedies provided in accordance

5 with subsection (e), if respondent fails to answer or

6 appear in accordance with the date set in the publication

7 notice or the return date indicated on the service of a

8 household member.

9 (g) Emergency orders. If an order is granted under

10 subsection (c) of Section 217, the court shall immediately

11 file a certified copy of the order with the sheriff or other

12 law enforcement official charged with maintaining Department

13 of State Police records.

14 (Source: P.A. 101-508, eff. 1-1-20.)

15 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)

16 Sec. 214. Order of protection; remedies.

17 (a) Issuance of order. If the court finds that petitioner

18 has been abused by a family or household member or that

19 petitioner is a high-risk adult who has been abused,

20 neglected, or exploited, as defined in this Act, an order of

21 protection prohibiting the abuse, neglect, or exploitation

22 shall issue; provided that petitioner must also satisfy the

23 requirements of one of the following Sections, as appropriate:

24 Section 217 on emergency orders, Section 218 on interim

25 orders, or Section 219 on plenary orders. Petitioner shall not

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1 be denied an order of protection because petitioner or

2 respondent is a minor. The court, when determining whether or

3 not to issue an order of protection, shall not require

4 physical manifestations of abuse on the person of the victim.

5 Modification and extension of prior orders of protection shall

6 be in accordance with this Act.

7 (b) Remedies and standards. The remedies to be included in

8 an order of protection shall be determined in accordance with

9 this Section and one of the following Sections, as

10 appropriate: Section 217 on emergency orders, Section 218 on

11 interim orders, and Section 219 on plenary orders. The

12 remedies listed in this subsection shall be in addition to

13 other civil or criminal remedies available to petitioner.

14 (1) Prohibition of abuse, neglect, or exploitation.

15 Prohibit respondent's harassment, interference with

16 personal liberty, intimidation of a dependent, physical

17 abuse, or willful deprivation, neglect or exploitation, as

18 defined in this Act, or stalking of the petitioner, as

19 defined in Section 12-7.3 of the Criminal Code of 2012, if

20 such abuse, neglect, exploitation, or stalking has

21 occurred or otherwise appears likely to occur if not

22 prohibited.

23 (2) Grant of exclusive possession of residence.

24 Prohibit respondent from entering or remaining in any

25 residence, household, or premises of the petitioner,

26 including one owned or leased by respondent, if petitioner

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1 has a right to occupancy thereof. The grant of exclusive

2 possession of the residence, household, or premises shall

3 not affect title to real property, nor shall the court be

4 limited by the standard set forth in subsection (c-2) of

5 Section 501 of the Illinois Marriage and Dissolution of

6 Marriage Act.

7 (A) Right to occupancy. A party has a right to

8 occupancy of a residence or household if it is solely

9 or jointly owned or leased by that party, that party's

10 spouse, a person with a legal duty to support that

11 party or a minor child in that party's care, or by any

12 person or entity other than the opposing party that

13 authorizes that party's occupancy (e.g., a domestic

14 violence shelter). Standards set forth in subparagraph

15 (B) shall not preclude equitable relief.

16 (B) Presumption of hardships. If petitioner and

17 respondent each has the right to occupancy of a

18 residence or household, the court shall balance (i)

19 the hardships to respondent and any minor child or

20 dependent adult in respondent's care resulting from

21 entry of this remedy with (ii) the hardships to

22 petitioner and any minor child or dependent adult in

23 petitioner's care resulting from continued exposure to

24 the risk of abuse (should petitioner remain at the

25 residence or household) or from loss of possession of

26 the residence or household (should petitioner leave to

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1 avoid the risk of abuse). When determining the balance

2 of hardships, the court shall also take into account

3 the accessibility of the residence or household.

4 Hardships need not be balanced if respondent does not

5 have a right to occupancy.

6 The balance of hardships is presumed to favor

7 possession by petitioner unless the presumption is

8 rebutted by a preponderance of the evidence, showing

9 that the hardships to respondent substantially

10 outweigh the hardships to petitioner and any minor

11 child or dependent adult in petitioner's care. The

12 court, on the request of petitioner or on its own

13 motion, may order respondent to provide suitable,

14 accessible, alternate housing for petitioner instead

15 of excluding respondent from a mutual residence or

16 household.

17 (3) Stay away order and additional prohibitions. Order

18 respondent to stay away from petitioner or any other

19 person protected by the order of protection, or prohibit

20 respondent from entering or remaining present at

21 petitioner's school, place of employment, or other

22 specified places at times when petitioner is present, or

23 both, if reasonable, given the balance of hardships.

24 Hardships need not be balanced for the court to enter a

25 stay away order or prohibit entry if respondent has no

26 right to enter the premises.

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1 (A) If an order of protection grants petitioner

2 exclusive possession of the residence, or prohibits

3 respondent from entering the residence, or orders

4 respondent to stay away from petitioner or other

5 protected persons, then the court may allow respondent

6 access to the residence to remove items of clothing

7 and personal adornment used exclusively by respondent,

8 medications, and other items as the court directs. The

9 right to access shall be exercised on only one

10 occasion as the court directs and in the presence of an

11 agreed-upon adult third party or law enforcement

12 officer.

13 (B) When the petitioner and the respondent attend

14 the same public, private, or non-public elementary,

15 middle, or high school, the court when issuing an

16 order of protection and providing relief shall

17 consider the severity of the act, any continuing

18 physical danger or emotional distress to the

19 petitioner, the educational rights guaranteed to the

20 petitioner and respondent under federal and State law,

21 the availability of a transfer of the respondent to

22 another school, a change of placement or a change of

23 program of the respondent, the expense, difficulty,

24 and educational disruption that would be caused by a

25 transfer of the respondent to another school, and any

26 other relevant facts of the case. The court may order

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1 that the respondent not attend the public, private, or

2 non-public elementary, middle, or high school attended

3 by the petitioner, order that the respondent accept a

4 change of placement or change of program, as

5 determined by the school district or private or

6 non-public school, or place restrictions on the

7 respondent's movements within the school attended by

8 the petitioner. The respondent bears the burden of

9 proving by a preponderance of the evidence that a

10 transfer, change of placement, or change of program of

11 the respondent is not available. The respondent also

12 bears the burden of production with respect to the

13 expense, difficulty, and educational disruption that

14 would be caused by a transfer of the respondent to

15 another school. A transfer, change of placement, or

16 change of program is not unavailable to the respondent

17 solely on the ground that the respondent does not

18 agree with the school district's or private or

19 non-public school's transfer, change of placement, or

20 change of program or solely on the ground that the

21 respondent fails or refuses to consent or otherwise

22 does not take an action required to effectuate a

23 transfer, change of placement, or change of program.

24 When a court orders a respondent to stay away from the

25 public, private, or non-public school attended by the

26 petitioner and the respondent requests a transfer to

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1 another attendance center within the respondent's

2 school district or private or non-public school, the

3 school district or private or non-public school shall

4 have sole discretion to determine the attendance

5 center to which the respondent is transferred. In the

6 event the court order results in a transfer of the

7 minor respondent to another attendance center, a

8 change in the respondent's placement, or a change of

9 the respondent's program, the parents, guardian, or

10 legal custodian of the respondent is responsible for

11 transportation and other costs associated with the

12 transfer or change.

13 (C) The court may order the parents, guardian, or

14 legal custodian of a minor respondent to take certain

15 actions or to refrain from taking certain actions to

16 ensure that the respondent complies with the order. In

17 the event the court orders a transfer of the

18 respondent to another school, the parents, guardian,

19 or legal custodian of the respondent is responsible

20 for transportation and other costs associated with the

21 change of school by the respondent.

22 (4) Counseling. Require or recommend the respondent to

23 undergo counseling for a specified duration with a social

24 worker, psychologist, clinical psychologist,

25 psychiatrist, family service agency, alcohol or substance

26 abuse program, mental health center guidance counselor,

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1 agency providing services to elders, program designed for

2 domestic violence abusers or any other guidance service

3 the court deems appropriate. The Court may order the

4 respondent in any intimate partner relationship to report

5 to an Illinois Department of Human Services protocol

6 approved partner abuse intervention program for an

7 assessment and to follow all recommended treatment.

8 (5) Physical care and possession of the minor child.

9 In order to protect the minor child from abuse, neglect,

10 or unwarranted separation from the person who has been the

11 minor child's primary caretaker, or to otherwise protect

12 the well-being of the minor child, the court may do either

13 or both of the following: (i) grant petitioner physical

14 care or possession of the minor child, or both, or (ii)

15 order respondent to return a minor child to, or not remove

16 a minor child from, the physical care of a parent or person

17 in loco parentis.

18 If a court finds, after a hearing, that respondent has

19 committed abuse (as defined in Section 103) of a minor

20 child, there shall be a rebuttable presumption that

21 awarding physical care to respondent would not be in the

22 minor child's best interest.

23 (6) Temporary allocation of parental responsibilities:

24 significant decision-making. Award temporary

25 decision-making responsibility to petitioner in accordance

26 with this Section, the Illinois Marriage and Dissolution

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1 of Marriage Act, the Illinois Parentage Act of 2015, and

2 this State's Uniform Child-Custody Jurisdiction and

3 Enforcement Act.

4 If a court finds, after a hearing, that respondent has

5 committed abuse (as defined in Section 103) of a minor

6 child, there shall be a rebuttable presumption that

7 awarding temporary significant decision-making

8 responsibility to respondent would not be in the child's

9 best interest.

10 (7) Parenting time. Determine the parenting time, if

11 any, of respondent in any case in which the court awards

12 physical care or allocates temporary significant

13 decision-making responsibility of a minor child to

14 petitioner. The court shall restrict or deny respondent's

15 parenting time with a minor child if the court finds that

16 respondent has done or is likely to do any of the

17 following: (i) abuse or endanger the minor child during

18 parenting time; (ii) use the parenting time as an

19 opportunity to abuse or harass petitioner or petitioner's

20 family or household members; (iii) improperly conceal or

21 detain the minor child; or (iv) otherwise act in a manner

22 that is not in the best interests of the minor child. The

23 court shall not be limited by the standards set forth in

24 Section 603.10 of the Illinois Marriage and Dissolution of

25 Marriage Act. If the court grants parenting time, the

26 order shall specify dates and times for the parenting time

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1 to take place or other specific parameters or conditions

2 that are appropriate. No order for parenting time shall

3 refer merely to the term "reasonable parenting time".

4 Petitioner may deny respondent access to the minor

5 child if, when respondent arrives for parenting time,

6 respondent is under the influence of drugs or alcohol and

7 constitutes a threat to the safety and well-being of

8 petitioner or petitioner's minor children or is behaving

9 in a violent or abusive manner.

10 If necessary to protect any member of petitioner's

11 family or household from future abuse, respondent shall be

12 prohibited from coming to petitioner's residence to meet

13 the minor child for parenting time, and the parties shall

14 submit to the court their recommendations for reasonable

15 alternative arrangements for parenting time. A person may

16 be approved to supervise parenting time only after filing

17 an affidavit accepting that responsibility and

18 acknowledging accountability to the court.

19 (8) Removal or concealment of minor child. Prohibit

20 respondent from removing a minor child from the State or

21 concealing the child within the State.

22 (9) Order to appear. Order the respondent to appear in

23 court, alone or with a minor child, to prevent abuse,

24 neglect, removal or concealment of the child, to return

25 the child to the custody or care of the petitioner or to

26 permit any court-ordered interview or examination of the

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1 child or the respondent.

2 (10) Possession of personal property. Grant petitioner

3 exclusive possession of personal property and, if

4 respondent has possession or control, direct respondent to

5 promptly make it available to petitioner, if:

6 (i) petitioner, but not respondent, owns the

7 property; or

8 (ii) the parties own the property jointly; sharing

9 it would risk abuse of petitioner by respondent or is

10 impracticable; and the balance of hardships favors

11 temporary possession by petitioner.

12 If petitioner's sole claim to ownership of the

13 property is that it is marital property, the court may

14 award petitioner temporary possession thereof under the

15 standards of subparagraph (ii) of this paragraph only if a

16 proper proceeding has been filed under the Illinois

17 Marriage and Dissolution of Marriage Act, as now or

18 hereafter amended.

19 No order under this provision shall affect title to

20 property.

21 (11) Protection of property. Forbid the respondent

22 from taking, transferring, encumbering, concealing,

23 damaging or otherwise disposing of any real or personal

24 property, except as explicitly authorized by the court,

25 if:

26 (i) petitioner, but not respondent, owns the

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1 property; or

2 (ii) the parties own the property jointly, and the

3 balance of hardships favors granting this remedy.

4 If petitioner's sole claim to ownership of the

5 property is that it is marital property, the court may

6 grant petitioner relief under subparagraph (ii) of this

7 paragraph only if a proper proceeding has been filed under

8 the Illinois Marriage and Dissolution of Marriage Act, as

9 now or hereafter amended.

10 The court may further prohibit respondent from

11 improperly using the financial or other resources of an

12 aged member of the family or household for the profit or

13 advantage of respondent or of any other person.

14 (11.5) Protection of animals. Grant the petitioner the

15 exclusive care, custody, or control of any animal owned,

16 possessed, leased, kept, or held by either the petitioner

17 or the respondent or a minor child residing in the

18 residence or household of either the petitioner or the

19 respondent and order the respondent to stay away from the

20 animal and forbid the respondent from taking,

21 transferring, encumbering, concealing, harming, or

22 otherwise disposing of the animal.

23 (12) Order for payment of support. Order respondent to

24 pay temporary support for the petitioner or any child in

25 the petitioner's care or over whom the petitioner has been

26 allocated parental responsibility, when the respondent has

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1 a legal obligation to support that person, in accordance

2 with the Illinois Marriage and Dissolution of Marriage

3 Act, which shall govern, among other matters, the amount

4 of support, payment through the clerk and withholding of

5 income to secure payment. An order for child support may

6 be granted to a petitioner with lawful physical care of a

7 child, or an order or agreement for physical care of a

8 child, prior to entry of an order allocating significant

9 decision-making responsibility. Such a support order shall

10 expire upon entry of a valid order allocating parental

11 responsibility differently and vacating the petitioner's

12 significant decision-making authority, unless otherwise

13 provided in the order.

14 (13) Order for payment of losses. Order respondent to

15 pay petitioner for losses suffered as a direct result of

16 the abuse, neglect, or exploitation. Such losses shall

17 include, but not be limited to, medical expenses, lost

18 earnings or other support, repair or replacement of

19 property damaged or taken, reasonable attorney's fees,

20 court costs and moving or other travel expenses, including

21 additional reasonable expenses for temporary shelter and

22 restaurant meals.

23 (i) Losses affecting family needs. If a party is

24 entitled to seek maintenance, child support or

25 property distribution from the other party under the

26 Illinois Marriage and Dissolution of Marriage Act, as

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1 now or hereafter amended, the court may order

2 respondent to reimburse petitioner's actual losses, to

3 the extent that such reimbursement would be

4 "appropriate temporary relief", as authorized by

5 subsection (a)(3) of Section 501 of that Act.

6 (ii) Recovery of expenses. In the case of an

7 improper concealment or removal of a minor child, the

8 court may order respondent to pay the reasonable

9 expenses incurred or to be incurred in the search for

10 and recovery of the minor child, including but not

11 limited to legal fees, court costs, private

12 investigator fees, and travel costs.

13 (14) Prohibition of entry. Prohibit the respondent

14 from entering or remaining in the residence or household

15 while the respondent is under the influence of alcohol or

16 drugs and constitutes a threat to the safety and

17 well-being of the petitioner or the petitioner's children.

18 (14.5) Prohibition of firearm possession.

19 (a) Prohibit a respondent against whom an order of

20 protection was issued from possessing any firearms

21 during the duration of the order if the order:

22 (1) was issued after a hearing of which such

23 person received actual notice, and at which such

24 person had an opportunity to participate;

25 (2) restrains such person from harassing,

26 stalking, or threatening an intimate partner of

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1 such person or child of such intimate partner or

2 person, or engaging in other conduct that would

3 place an intimate partner in reasonable fear of

4 bodily injury to the partner or child; and

5 (3)(i) includes a finding that such person

6 represents a credible threat to the physical

7 safety of such intimate partner or child; or (ii)

8 by its terms explicitly prohibits the use,

9 attempted use, or threatened use of physical force

10 against such intimate partner or child that would

11 reasonably be expected to cause bodily injury.

12 ~~Any Firearm Owner's Identification Card in the~~

13 ~~possession of the respondent, except as provided in~~

14 ~~subsection (b), shall be ordered by the court to be~~

15 ~~turned over to the local law enforcement agency. The~~

16 ~~local law enforcement agency shall immediately mail~~

17 ~~the card to the Illinois State Police Firearm Owner's~~

18 ~~Identification Card Office for safekeeping.~~ The court

19 shall issue a warrant for seizure of any firearm in the

20 possession of the respondent, to be kept by the local

21 law enforcement agency for safekeeping, except as

22 provided in subsection (b). The period of safekeeping

23 shall be for the duration of the order of protection.

24 The firearm or firearms ~~and Firearm Owner's~~

25 ~~Identification Card, if unexpired,~~ shall at the

26 respondent's request, be returned to the respondent at

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1 the end of the order of protection. It is the

2 respondent's responsibility to notify the Illinois

3 State Police ~~Firearm Owner's Identification Card~~

4 ~~Office~~.

5 (b) If the respondent is a peace officer as

6 defined in Section 2-13 of the Criminal Code of 2012,

7 the court shall order that any firearms used by the

8 respondent in the performance of his or her duties as a

9 peace officer be surrendered to the chief law

10 enforcement executive of the agency in which the

11 respondent is employed, who shall retain the firearms

12 for safekeeping for the duration of the order of

13 protection.

14 (c) Upon expiration of the period of safekeeping,

15 if the firearms ~~or Firearm Owner's Identification Card~~

16 cannot be returned to respondent because respondent

17 cannot be located, fails to respond to requests to

18 retrieve the firearms, or is not lawfully eligible to

19 possess a firearm, upon petition from the local law

20 enforcement agency, the court may order the local law

21 enforcement agency to destroy the firearms, use the

22 firearms for training purposes, or for any other

23 application as deemed appropriate by the local law

24 enforcement agency; or that the firearms be turned

25 over to a third party who is lawfully eligible to

26 possess firearms, and who does not reside with

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1 respondent.

2 (15) Prohibition of access to records. If an order of

3 protection prohibits respondent from having contact with

4 the minor child, or if petitioner's address is omitted

5 under subsection (b) of Section 203, or if necessary to

6 prevent abuse or wrongful removal or concealment of a

7 minor child, the order shall deny respondent access to,

8 and prohibit respondent from inspecting, obtaining, or

9 attempting to inspect or obtain, school or any other

10 records of the minor child who is in the care of

11 petitioner.

12 (16) Order for payment of shelter services. Order

13 respondent to reimburse a shelter providing temporary

14 housing and counseling services to the petitioner for the

15 cost of the services, as certified by the shelter and

16 deemed reasonable by the court.

17 (17) Order for injunctive relief. Enter injunctive

18 relief necessary or appropriate to prevent further abuse

19 of a family or household member or further abuse, neglect,

20 or exploitation of a high-risk adult with disabilities or

21 to effectuate one of the granted remedies, if supported by

22 the balance of hardships. If the harm to be prevented by

23 the injunction is abuse or any other harm that one of the

24 remedies listed in paragraphs (1) through (16) of this

25 subsection is designed to prevent, no further evidence is

26 necessary that the harm is an irreparable injury.

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1 (18) Telephone services.

2 (A) Unless a condition described in subparagraph

3 (B) of this paragraph exists, the court may, upon

4 request by the petitioner, order a wireless telephone

5 service provider to transfer to the petitioner the

6 right to continue to use a telephone number or numbers

7 indicated by the petitioner and the financial

8 responsibility associated with the number or numbers,

9 as set forth in subparagraph (C) of this paragraph.

10 For purposes of this paragraph (18), the term

11 "wireless telephone service provider" means a provider

12 of commercial mobile service as defined in 47 U.S.C.

13 332. The petitioner may request the transfer of each

14 telephone number that the petitioner, or a minor child

15 in his or her custody, uses. The clerk of the court

16 shall serve the order on the wireless telephone

17 service provider's agent for service of process

18 provided to the Illinois Commerce Commission. The

19 order shall contain all of the following:

20 (i) The name and billing telephone number of

21 the account holder including the name of the

22 wireless telephone service provider that serves

23 the account.

24 (ii) Each telephone number that will be

25 transferred.

26 (iii) A statement that the provider transfers

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1 to the petitioner all financial responsibility for

2 and right to the use of any telephone number

3 transferred under this paragraph.

4 (B) A wireless telephone service provider shall

5 terminate the respondent's use of, and shall transfer

6 to the petitioner use of, the telephone number or

7 numbers indicated in subparagraph (A) of this

8 paragraph unless it notifies the petitioner, within 72

9 hours after it receives the order, that one of the

10 following applies:

11 (i) The account holder named in the order has

12 terminated the account.

13 (ii) A difference in network technology would

14 prevent or impair the functionality of a device on

15 a network if the transfer occurs.

16 (iii) The transfer would cause a geographic or

17 other limitation on network or service provision

18 to the petitioner.

19 (iv) Another technological or operational

20 issue would prevent or impair the use of the

21 telephone number if the transfer occurs.

22 (C) The petitioner assumes all financial

23 responsibility for and right to the use of any

24 telephone number transferred under this paragraph. In

25 this paragraph, "financial responsibility" includes

26 monthly service costs and costs associated with any

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1 mobile device associated with the number.

2 (D) A wireless telephone service provider may

3 apply to the petitioner its routine and customary

4 requirements for establishing an account or

5 transferring a number, including requiring the

6 petitioner to provide proof of identification,

7 financial information, and customer preferences.

8 (E) Except for willful or wanton misconduct, a

9 wireless telephone service provider is immune from

10 civil liability for its actions taken in compliance

11 with a court order issued under this paragraph.

12 (F) All wireless service providers that provide

13 services to residential customers shall provide to the

14 Illinois Commerce Commission the name and address of

15 an agent for service of orders entered under this

16 paragraph (18). Any change in status of the registered

17 agent must be reported to the Illinois Commerce

18 Commission within 30 days of such change.

19 (G) The Illinois Commerce Commission shall

20 maintain the list of registered agents for service for

21 each wireless telephone service provider on the

22 Commission's website. The Commission may consult with

23 wireless telephone service providers and the Circuit

24 Court Clerks on the manner in which this information

25 is provided and displayed.

26 (c) Relevant factors; findings.

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1 (1) In determining whether to grant a specific remedy,

2 other than payment of support, the court shall consider

3 relevant factors, including but not limited to the

4 following:

5 (i) the nature, frequency, severity, pattern and

6 consequences of the respondent's past abuse, neglect

7 or exploitation of the petitioner or any family or

8 household member, including the concealment of his or

9 her location in order to evade service of process or

10 notice, and the likelihood of danger of future abuse,

11 neglect, or exploitation to petitioner or any member

12 of petitioner's or respondent's family or household;

13 and

14 (ii) the danger that any minor child will be

15 abused or neglected or improperly relocated from the

16 jurisdiction, improperly concealed within the State or

17 improperly separated from the child's primary

18 caretaker.

19 (2) In comparing relative hardships resulting to the

20 parties from loss of possession of the family home, the

21 court shall consider relevant factors, including but not

22 limited to the following:

23 (i) availability, accessibility, cost, safety,

24 adequacy, location and other characteristics of

25 alternate housing for each party and any minor child

26 or dependent adult in the party's care;

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1 (ii) the effect on the party's employment; and

2 (iii) the effect on the relationship of the party,

3 and any minor child or dependent adult in the party's

4 care, to family, school, church and community.

5 (3) Subject to the exceptions set forth in paragraph

6 (4) of this subsection, the court shall make its findings

7 in an official record or in writing, and shall at a minimum

8 set forth the following:

9 (i) That the court has considered the applicable

10 relevant factors described in paragraphs (1) and (2)

11 of this subsection.

12 (ii) Whether the conduct or actions of respondent,

13 unless prohibited, will likely cause irreparable harm

14 or continued abuse.

15 (iii) Whether it is necessary to grant the

16 requested relief in order to protect petitioner or

17 other alleged abused persons.

18 (4) For purposes of issuing an ex parte emergency

19 order of protection, the court, as an alternative to or as

20 a supplement to making the findings described in

21 paragraphs (c)(3)(i) through (c)(3)(iii) of this

22 subsection, may use the following procedure:

23 When a verified petition for an emergency order of

24 protection in accordance with the requirements of Sections

25 203 and 217 is presented to the court, the court shall

26 examine petitioner on oath or affirmation. An emergency

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1 order of protection shall be issued by the court if it

2 appears from the contents of the petition and the

3 examination of petitioner that the averments are

4 sufficient to indicate abuse by respondent and to support

5 the granting of relief under the issuance of the emergency

6 order of protection.

7 (5) Never married parties. No rights or

8 responsibilities for a minor child born outside of

9 marriage attach to a putative father until a father and

10 child relationship has been established under the Illinois

11 Parentage Act of 1984, the Illinois Parentage Act of 2015,

12 the Illinois Public Aid Code, Section 12 of the Vital

13 Records Act, the Juvenile Court Act of 1987, the Probate

14 Act of 1975, the Revised Uniform Reciprocal Enforcement of

15 Support Act, the Uniform Interstate Family Support Act,

16 the Expedited Child Support Act of 1990, any judicial,

17 administrative, or other act of another state or

18 territory, any other Illinois statute, or by any foreign

19 nation establishing the father and child relationship, any

20 other proceeding substantially in conformity with the

21 Personal Responsibility and Work Opportunity

22 Reconciliation Act of 1996 (Pub. L. 104-193), or where

23 both parties appeared in open court or at an

24 administrative hearing acknowledging under oath or

25 admitting by affirmation the existence of a father and

26 child relationship. Absent such an adjudication, finding,

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1 or acknowledgment, no putative father shall be granted

2 temporary allocation of parental responsibilities,

3 including parenting time with the minor child, or physical

4 care and possession of the minor child, nor shall an order

5 of payment for support of the minor child be entered.

6 (d) Balance of hardships; findings. If the court finds

7 that the balance of hardships does not support the granting of

8 a remedy governed by paragraph (2), (3), (10), (11), or (16) of

9 subsection (b) of this Section, which may require such

10 balancing, the court's findings shall so indicate and shall

11 include a finding as to whether granting the remedy will

12 result in hardship to respondent that would substantially

13 outweigh the hardship to petitioner from denial of the remedy.

14 The findings shall be an official record or in writing.

15 (e) Denial of remedies. Denial of any remedy shall not be

16 based, in whole or in part, on evidence that:

17 (1) Respondent has cause for any use of force, unless

18 that cause satisfies the standards for justifiable use of

19 force provided by Article 7 of the Criminal Code of 2012;

20 (2) Respondent was voluntarily intoxicated;

21 (3) Petitioner acted in self-defense or defense of

22 another, provided that, if petitioner utilized force, such

23 force was justifiable under Article 7 of the Criminal Code

24 of 2012;

25 (4) Petitioner did not act in self-defense or defense

26 of another;

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1 (5) Petitioner left the residence or household to

2 avoid further abuse, neglect, or exploitation by

3 respondent;

4 (6) Petitioner did not leave the residence or

5 household to avoid further abuse, neglect, or exploitation

6 by respondent;

7 (7) Conduct by any family or household member excused

8 the abuse, neglect, or exploitation by respondent, unless

9 that same conduct would have excused such abuse, neglect,

10 or exploitation if the parties had not been family or

11 household members.

12 (Source: P.A. 102-538, eff. 8-20-21.)

13 Section 110. The Revised Uniform Unclaimed Property Act is

14 amended by changing Section 15-705 as follows:

15 (765 ILCS 1026/15-705)

16 Sec. 15-705. Exceptions to the sale of tangible property.

17 The administrator shall dispose of tangible property

18 identified by this Section in accordance with this Section.

19 (a) Military medals or decorations. The administrator may

20 not sell a medal or decoration awarded for military service in

21 the armed forces of the United States. Instead, the

22 administrator, with the consent of the respective organization

23 under paragraph (1), agency under paragraph (2), or entity

24 under paragraph (3), may deliver a medal or decoration to be

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1 held in custody for the owner, to:

2 (1) a military veterans organization qualified under

3 Section 501(c)(19) of the Internal Revenue Code;

4 (2) the agency that awarded the medal or decoration;

5 or

6 (3) a governmental entity.

7 After delivery, the administrator is not responsible for

8 the safekeeping of the medal or decoration.

9 (b) Property with historical value. Property that the

10 administrator reasonably believes may have historical value

11 may be, at his or her discretion, loaned to an accredited

12 museum in the United States where it will be kept until such

13 time as the administrator orders it to be returned to his or

14 her custody.

15 (c) Human remains. If human remains are delivered to the

16 administrator under this Act, the administrator shall deliver

17 those human remains to the coroner of the county in which the

18 human remains were abandoned for disposition under Section

19 3-3034 of the Counties Code. The only human remains that may be

20 delivered to the administrator under this Act and that the

21 administrator may receive are those that are reported and

22 delivered as contents of a safe deposit box.

23 (d) Evidence in a criminal investigation. Property that

24 may have been used in the commission of a crime or that may

25 assist in the investigation of a crime, as determined after

26 consulting with the Illinois State Police, shall be delivered

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1 to the Illinois State Police or other appropriate law

2 enforcement authority to allow law enforcement to determine

3 whether a criminal investigation should take place. Any such

4 property delivered to a law enforcement authority shall be

5 held in accordance with existing statutes and rules related to

6 the gathering, retention, and release of evidence.

7 (e) Firearms.

8 (1) The administrator, in cooperation with the

9 Illinois State Police, shall develop a procedure to

10 determine whether a firearm delivered to the administrator

11 under this Act has been stolen or used in the commission of

12 a crime. The Illinois State Police shall determine the

13 appropriate disposition of a firearm that has been stolen

14 or used in the commission of a crime. The administrator

15 shall attempt to return a firearm that has not been stolen

16 or used in the commission of a crime to the rightful owner

17 if the Illinois State Police determines that the owner may

18 lawfully possess the firearm.

19 (2) If the administrator is unable to return a firearm

20 to its owner, the administrator shall transfer custody of

21 the firearm to the Illinois State Police. Legal title to a

22 firearm transferred to the Illinois State Police under

23 this subsection (e) is vested in the Illinois State Police

24 by operation of law if:

25 (i) the administrator cannot locate the owner of

26 the firearm;

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1 (ii) the owner of the firearm may not lawfully

2 possess the firearm;

3 (iii) the apparent owner does not respond to

4 notice published under Section 15-503 of this Act; or

5 (iv) the apparent owner responds to notice

6 published under Section 15-502 and states that he or

7 she no longer claims an interest in the firearm.

8 (3) With respect to a firearm whose title is

9 transferred to the Illinois State Police under this

10 subsection (e), the Illinois State Police may:

11 (i) retain the firearm for use by the crime

12 laboratory system, for training purposes, or for any

13 other application as deemed appropriate by the

14 Department;

15 (ii) transfer the firearm to the Illinois State

16 Museum if the firearm has historical value; or

17 (iii) destroy the firearm if it is not retained

18 pursuant to subparagraph (i) or transferred pursuant

19 to subparagraph (ii).

20 As used in this subsection, "firearm" has the meaning

21 provided in Section 2-7.5 of the Criminal Code of 2012 ~~the~~

22 ~~Firearm Owners Identification Card Act~~.

23 (Source: P.A. 102-538, eff. 8-20-21.)

24 Section 115. The Consumer Fraud and Deceptive Business

25 Practices Act is amended by changing Section 2DDDD as follows:

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1 (815 ILCS 505/2DDDD)

2 Sec. 2DDDD. Sale and marketing of firearms.

3 (a) As used in this Section:

4 "Firearm" has the meaning set forth in Section 2-7.5 of

5 the Criminal Code of 2012 ~~1.1 of the Firearm Owners~~

6 ~~Identification Card Act~~.

7 "Firearm accessory" means an attachment or device designed

8 or adapted to be inserted into, affixed onto, or used in

9 conjunction with a firearm that is designed, intended, or

10 functions to alter or enhance (i) the firing capabilities of a

11 firearm, frame, or receiver, (ii) the lethality of the

12 firearm, or (iii) a shooter's ability to hold and use a

13 firearm.

14 "Firearm ammunition" has the meaning set forth in Section

15 2-7.1 of the Criminal Code of 2012 ~~1.1 of the Firearm Owners~~

16 ~~Identification Card Act~~.

17 "Firearm industry member" means a person, firm,

18 corporation, company, partnership, society, joint stock

19 company, or any other entity or association engaged in the

20 design, manufacture, distribution, importation, marketing,

21 wholesale, or retail sale of firearm-related products,

22 including sales by mail, telephone, or Internet or in-person

23 sales.

24 "Firearm-related product" means a firearm, firearm

25 ammunition, a firearm precursor part, a firearm component, or

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1 a firearm accessory that meets any of the following

2 conditions:

3 (1) the item is sold, made, or distributed in

4 Illinois;

5 (2) the item is intended to be sold or distributed in

6 Illinois; or

7 (3) the item is or was possessed in Illinois, and it

8 was reasonably foreseeable that the item would be

9 possessed in Illinois.

10 "Straw purchaser" means a person who (i) knowingly

11 purchases or attempts to purchase a firearm-related product

12 with intent to deliver that firearm-related product to another

13 person who is prohibited by federal or State law from

14 possessing a firearm-related product or (ii) intentionally

15 provides false or misleading information on a Bureau of

16 Alcohol, Tobacco, Firearms and Explosives firearms transaction

17 record form to purchase a firearm-related product with the

18 intent to deliver that firearm-related product to another

19 person.

20 "Unlawful paramilitary or private militia" means a group

21 of armed individuals, organized privately, in violation of the

22 Military Code of Illinois and Section 2 of Article XII of the

23 Illinois Constitution.

24 (b) It is an unlawful practice within the meaning of this

25 Act for any firearm industry member, through the sale,

26 manufacturing, importing, or marketing of a firearm-related

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1 product, to do any of the following:

2 (1) Knowingly create, maintain, or contribute to a

3 condition in Illinois that endangers the safety or health

4 of the public by conduct either unlawful in itself or

5 unreasonable under all circumstances, including failing to

6 establish or utilize reasonable controls. Reasonable

7 controls include reasonable procedures, safeguards, and

8 business practices that are designed to:

9 (A) prevent the sale or distribution of a

10 firearm-related product to a straw purchaser, a person

11 prohibited by law from possessing a firearm, or a

12 person who the firearm industry member has reasonable

13 cause to believe is at substantial risk of using a

14 firearm-related product to harm themselves or another

15 individual or of possessing or using a firearm-related

16 product unlawfully;

17 (B) prevent the loss or theft of a firearm-related

18 product from the firearm industry member; or

19 (C) comply with all provisions of applicable

20 local, State, and federal law, and do not otherwise

21 promote the unlawful manufacture, sale, possession,

22 marketing, or use of a firearm-related product.

23 (2) Advertise, market, or promote a firearm-related

24 product in a manner that reasonably appears to support,

25 recommend, or encourage individuals to engage in unlawful

26 paramilitary or private militia activity in Illinois, or

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1 individuals who are not in the National Guard, United

2 States armed forces reserves, United States armed forces,

3 or any duly authorized military organization to use a

4 firearm-related product for a military-related purpose in

5 Illinois.

6 (3) Except as otherwise provided, advertise, market,

7 promote, design, or sell any firearm-related product in a

8 manner that reasonably appears to support, recommend, or

9 encourage persons under 18 years of age to unlawfully

10 purchase or possess or use a firearm-related product in

11 Illinois.

12 (A) In determining whether the conduct of a

13 firearm industry member, as described in this

14 paragraph, reasonably appears to support, recommend,

15 or encourage persons under 18 years of age to

16 unlawfully purchase a firearm-related product, a court

17 shall consider the totality of the circumstances,

18 including, but not limited to, whether the marketing,

19 advertising promotion, design, or sale:

20 (i) uses caricatures that reasonably appear to

21 be minors or cartoon characters;

22 (ii) offers brand name merchandise for minors,

23 including, but not limited to, clothing, toys,

24 games, or stuffed animals, that promotes a firearm

25 industry member or firearm-related product;

26 (iii) offers firearm-related products in

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1 sizes, colors, or designs that are specifically

2 designed to be used by, or appeal to, minors;

3 (iv) is part of a marketing, advertising, or

4 promotion campaign designed with the intent to

5 appeal to minors;

6 (v) uses images or depictions of minors in

7 advertising or marketing, or promotion materials,

8 to depict the use of firearm-related products; or

9 (vi) is placed in a publication created for

10 the purpose of reaching an audience that is

11 predominantly composed of minors and not intended

12 for a more general audience composed of adults.

13 (B) This paragraph does not apply to

14 communications or promotional materials regarding

15 lawful recreational activity with a firearm, such as,

16 but not limited to, practice shooting at targets on

17 established public or private target ranges or

18 hunting, trapping, or fishing in accordance with the

19 Wildlife Code or the Fish and Aquatic Life Code.

20 (4) Otherwise engage in unfair methods of competition

21 or unfair or deceptive acts or practices declared unlawful

22 under Section 2 of this Act.

23 (c) Paragraphs (2), (3), and (4) of subsection (b) are

24 declarative of existing law and shall not be construed as new

25 enactments. The provisions of these paragraphs shall apply to

26 all actions commenced or pending on or after August 14, 2023

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1 (the effective date of Public Act 103-559).

2 (d) The provisions of this Section are severable under

3 Section 1.31 of the Statute on Statutes.

4 (Source: P.A. 103-559, eff. 8-14-23; 103-605, eff. 7-1-24.)

5 Section 950. No acceleration or delay. Where this Act

6 makes changes in a statute that is represented in this Act by

7 text that is not yet or no longer in effect (for example, a

8 Section represented by multiple versions), the use of that

9 text does not accelerate or delay the taking effect of (i) the

10 changes made by this Act or (ii) provisions derived from any

11 other Public Act.

12 Section 999. Effective date. This Act takes effect upon

13 becoming law.

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1 INDEX

2 Statutes amended in order of appearance

3 5 ILCS 120/2 from Ch. 102, par. 42

4 5 ILCS 140/7.5

5 5 ILCS 805/15

6 5 ILCS 830/10-5

7 5 ILCS 840/40

8 20 ILCS 805/805-538

9 20 ILCS 2505/2505-306

10 20 ILCS 2605/2605-10 was 20 ILCS 2605/55a in part

11 20 ILCS 2605/2605-45 was 20 ILCS 2605/55a-5

12 20 ILCS 2605/2605-200 was 20 ILCS 2605/55a in part

13 20 ILCS 2605/2605-595

14 20 ILCS 2605/2605-120 rep.

15 20 ILCS 2605/2605-304 rep.

16 20 ILCS 2610/17b

17 20 ILCS 2630/2.2

18 20 ILCS 2910/1 from Ch. 127 1/2, par. 501

19 20 ILCS 3930/7.9

20 30 ILCS 105/6z-99

21 30 ILCS 105/6z-127

22 30 ILCS 500/1-10

23 30 ILCS 715/3 from Ch. 56 1/2, par. 1703

24 50 ILCS 710/1 from Ch. 85, par. 515

25 55 ILCS 5/3-6042

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1 105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6

2 105 ILCS 5/10-27.1A

3 105 ILCS 5/34-8.05

4 225 ILCS 210/2005 from Ch. 96 1/2, par. 1-2005

5 225 ILCS 447/35-30

6 225 ILCS 447/35-35

7 230 ILCS 10/5.4

8 405 ILCS 5/1-106 from Ch. 91 1/2, par. 1-106

9 405 ILCS 5/1-116 from Ch. 91 1/2, par. 1-116

10 405 ILCS 5/6-103.1

11 405 ILCS 5/6-103.2

12 405 ILCS 5/6-103.3

13 410 ILCS 45/2 from Ch. 111 1/2, par. 1302

14 430 ILCS 65/Act rep.

15 430 ILCS 66/25

16 430 ILCS 66/30

17 430 ILCS 66/40

18 430 ILCS 66/66

19 430 ILCS 66/70

20 430 ILCS 66/80

21 430 ILCS 66/105

22 430 ILCS 67/35

23 430 ILCS 67/40

24 430 ILCS 68/5-20

25 430 ILCS 68/5-25

26 430 ILCS 68/5-40

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LRB104 03874 RLC 13898 b

1 430 ILCS 68/5-85

2 520 ILCS 5/3.2 from Ch. 61, par. 3.2

3 520 ILCS 5/3.2a from Ch. 61, par. 3.2a

4 625 ILCS 5/2-116 from Ch. 95 1/2, par. 2-116

5 720 ILCS 5/2-7.1

6 720 ILCS 5/2-7.5

7 720 ILCS 5/12-3.05 was 720 ILCS 5/12-4

8 720 ILCS 5/16-0.1

9 720 ILCS 5/17-30 was 720 ILCS 5/16C-2

10 720 ILCS 5/24-1 from Ch. 38, par. 24-1

11 720 ILCS 5/24-1.1 from Ch. 38, par. 24-1.1

12 720 ILCS 5/24-1.6

13 720 ILCS 5/24-1.8

14 720 ILCS 5/24-1.9

15 720 ILCS 5/24-1.10

16 720 ILCS 5/24-2

17 720 ILCS 5/24-3 from Ch. 38, par. 24-3

18 720 ILCS 5/24-3.1 from Ch. 38, par. 24-3.1

19 720 ILCS 5/24-3.2 from Ch. 38, par. 24-3.2

20 720 ILCS 5/24-3.4 from Ch. 38, par. 24-3.4

21 720 ILCS 5/24-3.5

22 720 ILCS 5/24-3B

23 720 ILCS 5/24-4.1

24 720 ILCS 5/24-4.5 new

25 720 ILCS 5/24-5.1

26 720 ILCS 5/24-9

SB0298

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LRB104 03874 RLC 13898 b