HB4492 100TH GENERAL ASSEMBLY

LRB100 16396 RLC 31524 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4492

Introduced , by Rep. John M. Cabello

SYNOPSIS AS INTRODUCED:

720 ILCS 5/24-2
730 ILCS 5/3-2-12 new
730 ILCS 125/26.1 new

Amends the Criminal Code of 2012, the Unified Code of Corrections, and the County Jail Act. Permits currently employed and qualified retired State correctional officers and county correctional officers to carry their own firearms off-duty without being in violation of the unlawful use of weapons and aggravated unlawful use of a weapon statutes if they meet certain training requirements. Provides that currently employed and qualified retired State correctional officers and county correctional officers shall carry a photographic identification and a valid annual firearm certificate while carrying their own firearms off-duty. Limited to correctional officers who have custody and control over inmates in an adult correctional facility.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Criminal Code of 2012 is amended by changing Section 24-2 as follows:

(720 ILCS 5/24-2)

Sec. 24-2. Exemptions.

(a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of the following:

(1) Peace officers, and any person summoned by a peace officer to assist in making arrests or preserving the peace, while actually engaged in assisting such officer.

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense, while in the performance of their official duty, or while commuting between their homes and places of employment.

(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard or the Reserve Officers Training Corps, while in the performance of their official duty.

(4) Special agents employed by a railroad or a public utility to perform police functions, and guards of armored car companies, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment; and watchmen while actually engaged in the performance of the duties of their employment.

(5) Persons licensed as private security contractors, private detectives, or private alarm contractors, or employed by a private security contractor, private detective, or private alarm contractor agency licensed by the Department of Financial and Professional Regulation, if their duties include the carrying of a weapon under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004, while actually engaged in the performance of the duties of their employment or commuting between their homes and places of employment. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a private security contractor, private detective, or private alarm contractor, or employee of a licensed private security contractor, private detective, or private alarm contractor agency and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the private security contractor, private detective, or private alarm contractor, or employee of the licensed private security contractor, private detective, or private alarm contractor agency at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card.

(6) Any person regularly employed in a commercial or industrial operation as a security guard for the protection of persons employed and private property related to such commercial or industrial operation, while actually engaged in the performance of his or her duty or traveling between sites or properties belonging to the employer, and who, as a security guard, is a member of a security force registered with the Department of Financial and Professional Regulation; provided that such security guard has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 40 hours of training that includes the theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for the renewal of firearm control cards issued under the provisions of this Section shall be the same as for those cards issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card.

(7) Agents and investigators of the Illinois Legislative Investigating Commission authorized by the Commission to carry the weapons specified in subsections 24-1(a)(3) and 24-1(a)(4), while on duty in the course of any investigation for the Commission.

(8) Persons employed by a financial institution as a security guard for the protection of other employees and property related to such financial institution, while actually engaged in the performance of their duties, commuting between their homes and places of employment, or traveling between sites or properties owned or operated by such financial institution, and who, as a security guard, is a member of a security force registered with the Department; provided that any person so employed has successfully completed a course of study, approved by and supervised by the Department of Financial and Professional Regulation, consisting of not less than 40 hours of training which includes theory of law enforcement, liability for acts, and the handling of weapons. A person shall be considered to be eligible for this exemption if he or she has completed the required 20 hours of training for a security officer and 20 hours of required firearm training, and has been issued a firearm control card by the Department of Financial and Professional Regulation. Conditions for renewal of firearm control cards issued under the provisions of this Section shall be the same as for those issued under the provisions of the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004. The firearm control card shall be carried by the security guard at all times when he or she is in possession of a concealable weapon permitted by his or her firearm control card. For purposes of this subsection, "financial institution" means a bank, savings and loan association, credit union or company providing armored car services.

(9) Any person employed by an armored car company to drive an armored car, while actually engaged in the performance of his duties.

(10) Persons who have been classified as peace officers pursuant to the Peace Officer Fire Investigation Act.

(11) Investigators of the Office of the State's Attorneys Appellate Prosecutor authorized by the board of governors of the Office of the State's Attorneys Appellate Prosecutor to carry weapons pursuant to Section 7.06 of the State's Attorneys Appellate Prosecutor's Act.

(12) Special investigators appointed by a State's Attorney under Section 3-9005 of the Counties Code.

(12.5) Probation officers while in the performance of their duties, or while commuting between their homes, places of employment or specific locations that are part of their assigned duties, with the consent of the chief judge of the circuit for which they are employed, if they have received weapons training according to requirements of the Peace Officer and Probation Officer Firearm Training Act.

(13) Court Security Officers while in the performance of their official duties, or while commuting between their homes and places of employment, with the consent of the Sheriff.

(13.5) A person employed as an armed security guard at a nuclear energy, storage, weapons or development site or facility regulated by the Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the Nuclear Regulatory Commission.

(14) Manufacture, transportation, or sale of weapons to persons authorized under subdivisions (1) through (13.5) of this subsection to possess those weapons.

(a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply to or affect any person carrying a concealed pistol, revolver, or handgun and the person has been issued a currently valid license under the Firearm Concealed Carry Act at the time of the commission of the offense.

(b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any of the following:

(1) Members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, and patrons of such ranges, while such members or patrons are using their firearms on those target ranges.

(2) Duly authorized military or civil organizations while parading, with the special permission of the Governor.

(3) Hunters, trappers or fishermen with a license or permit while engaged in hunting, trapping or fishing.

(4) Transportation of weapons that are broken down in a non-functioning state or are not immediately accessible.

(5) Carrying or possessing any pistol, revolver, stun gun or taser or other firearm on the land or in the legal dwelling of another person as an invitee with that person's permission.

(c) Subsection 24-1(a)(7) does not apply to or affect any of the following:

(1) Peace officers while in performance of their official duties.

(2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of an offense.

(3) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.

(4) Manufacture, transportation, or sale of machine guns to persons authorized under subdivisions (1) through (3) of this subsection to possess machine guns, if the machine guns are broken down in a non-functioning state or are not immediately accessible.

(5) Persons licensed under federal law to manufacture any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, or ammunition for such weapons, and actually engaged in the business of manufacturing such weapons or ammunition, but only with respect to activities which are within the lawful scope of such business, such as the manufacture, transportation, or testing of such weapons or ammunition. This exemption does not authorize the general private possession of any weapon from which 8 or more shots or bullets can be discharged by a single function of the firing device, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this paragraph.

During transportation, such weapons shall be broken down in a non-functioning state or not immediately accessible.

(6) The manufacture, transport, testing, delivery, transfer or sale, and all lawful commercial or experimental activities necessary thereto, of rifles, shotguns, and weapons made from rifles or shotguns, or ammunition for such rifles, shotguns or weapons, where engaged in by a person operating as a contractor or subcontractor pursuant to a contract or subcontract for the development and supply of such rifles, shotguns, weapons or ammunition to the United States government or any branch of the Armed Forces of the United States, when such activities are necessary and incident to fulfilling the terms of such contract.

The exemption granted under this subdivision (c)(6) shall also apply to any authorized agent of any such contractor or subcontractor who is operating within the scope of his employment, where such activities involving such weapon, weapons or ammunition are necessary and incident to fulfilling the terms of such contract.

(7) A person possessing a rifle with a barrel or barrels less than 16 inches in length if: (A) the person has been issued a Curios and Relics license from the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) the person is an active member of a bona fide, nationally recognized military re-enacting group and the modification is required and necessary to accurately portray the weapon for historical re-enactment purposes; the re-enactor is in possession of a valid and current re-enacting group membership credential; and the overall length of the weapon as modified is not less than 26 inches.

(d) Subsection 24-1(a)(1) does not apply to the purchase, possession or carrying of a black-jack or slung-shot by a peace officer.

(e) Subsection 24-1(a)(8) does not apply to any owner, manager or authorized employee of any place specified in that subsection nor to any law enforcement officer.

(f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and Section 24-1.6 do not apply to members of any club or organization organized for the purpose of practicing shooting at targets upon established target ranges, whether public or private, while using their firearms on those target ranges.

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

(1) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while in the performance of their official duty.

(2) Bonafide collectors of antique or surplus military ordnance.

(3) Laboratories having a department of forensic ballistics, or specializing in the development of ammunition or explosive ordnance.

(4) Commerce, preparation, assembly or possession of explosive bullets by manufacturers of ammunition licensed by the federal government, in connection with the supply of those organizations and persons exempted by subdivision (g)(1) of this Section, or like organizations and persons outside this State, or the transportation of explosive bullets to any organization or person exempted in this Section by a common carrier or by a vehicle owned or leased by an exempted manufacturer.

(g-5) Subsection 24-1(a)(6) does not apply to or affect persons licensed under federal law to manufacture any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, firearms, or ammunition for those firearms equipped with those devices, and actually engaged in the business of manufacturing those devices, firearms, or ammunition, but only with respect to activities that are within the lawful scope of that business, such as the manufacture, transportation, or testing of those devices, firearms, or ammunition. This exemption does not authorize the general private possession of any device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm, but only such possession and activities as are within the lawful scope of a licensed manufacturing business described in this subsection (g-5). During transportation, these devices shall be detached from any weapon or not immediately accessible.

(g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any parole agent or parole supervisor who meets the qualifications and conditions prescribed in Section 3-14-1.5 of the Unified Code of Corrections.

(g-7) Subsection 24-1(a)(6) does not apply to a peace officer while serving as a member of a tactical response team or special operations team. A peace officer may not personally own or apply for ownership of a device or attachment of any kind designed, used, or intended for use in silencing the report of any firearm. These devices shall be owned and maintained by lawfully recognized units of government whose duties include the investigation of criminal acts.

(g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any currently employed or qualified retired State correctional officer who meets the qualifications and conditions prescribed in Section 3-2-12 of the Unified Code of Corrections.

(g-9) Subsections 24-1(a)(4) and 24-1(a)(10) and Section 24-1.6 do not apply to or affect any currently employed or qualified retired county correctional officer who meets the qualifications and conditions prescribed in Section 26.1 of the County Jail Act.

(g-10) Subsections 24-1(a)(4), 24-1(a)(8), and 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an athlete's possession, transport on official Olympic and Paralympic transit systems established for athletes, or use of competition firearms sanctioned by the International Olympic Committee, the International Paralympic Committee, the International Shooting Sport Federation, or USA Shooting in connection with such athlete's training for and participation in shooting competitions at the 2016 Olympic and Paralympic Games and sanctioned test events leading up to the 2016 Olympic and Paralympic Games.

(h) An information or indictment based upon a violation of any subsection of this Article need not negative any exemptions contained in this Article. The defendant shall have the burden of proving such an exemption.

(i) Nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession, of any pistol or revolver, stun gun, taser, or other firearm consigned to a common carrier operating under license of the State of Illinois or the federal government, where such transportation, carrying, or possession is incident to the lawful transportation in which such common carrier is engaged; and nothing in this Article shall prohibit, apply to, or affect the transportation, carrying, or possession of any pistol, revolver, stun gun, taser, or other firearm, not the subject of and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of this Article, which is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container, by the possessor of a valid Firearm Owners Identification Card.

(Source: P.A. 99-174, eff. 7-29-15; 100-201, eff. 8-18-17.)

Section 10. The Unified Code of Corrections is amended by adding Section 3-2-12 as follows:

(730 ILCS 5/3-2-12 new)

Sec. 3-2-12. State correctional officers; off-duty firearms.

(a) For the purposes of this Section, "State correctional officer" means an employee of the Department of Corrections who has custody and control over inmates in an adult correctional facility.

(b) For the purpose of this Section, "qualified retired State correctional officer" means a former State correctional officer who:

(1) was separated from service with the Department of Corrections in good standing;

(2) before the separation, was authorized by law to engage in or supervise the activities of prevention, detection, investigation, prosecution, or incarceration of any person for any violation of law;

(3) before the separation, served as a State correctional officer for an aggregate of 10 years or more;

(4) has not either:

(A) been officially found, as the Department shall by rule provide, by a qualified medical professional employed by the Department of Corrections to be unqualified for reasons relating to mental health and as a result of this finding will not be issued the photographic identification as described in paragraph (5) of subsection (c); or

(B) entered into an agreement with the Department of Corrections in which that individual acknowledges he or she is not qualified under this Section for reasons relating to mental health and for those reasons will not receive or accept the photographic identification as described in paragraph (5) of subsection (c);

(5) is not under the influence of alcohol or any other intoxicating or hallucinatory drug or substance; and

(6) is not prohibited by State or federal law from owning or possessing a firearm.

(c) Paragraphs (4) and (10) of subsection (a) of Section 24-1 and Section 24-1.6 of the Criminal Code of 2012 do not apply to currently employed or qualified retired State correctional officers who meet the following conditions:

(1) The currently employed or qualified retired State correctional officer must receive training in the use of firearms while off-duty conducted by the Illinois Law Enforcement Training Standards Board and be certified as having successfully completed the training by the Board. The Board shall determine the amount of the training and the course content for the training. The currently employed or qualified retired State correctional officer shall requalify for the firearms training annually at a State range certified by the Illinois Law Enforcement Training Standards Board. The expenses of the retraining shall be paid by the currently employed or qualified retired State correctional officer and moneys for the costs of the requalification shall be expended at the request of the Illinois Law Enforcement Training Standards Board.

(2) The currently employed or qualified retired State correctional officer shall purchase the firearm at his or her own expense and shall register the firearm with the Department of State Police and with any local law enforcement agencies that require the registration.

(3) The currently employed or qualified retired State correctional officer may not carry any Department of Corrections State-issued firearm while off-duty. A person who violates this paragraph (3) is subject to disciplinary action by the Department of Corrections.

(4) State correctional officers who are or were discharged from employment by the Department of Corrections are not law enforcement officials after the date of discharge.

(5) The currently employed or qualified retired State correctional officer shall carry photographic identification issued by the Department of Corrections identifying him or her as a currently employed or qualified retired State correctional officer while carrying a firearm off-duty, along with a valid annual firearm certificate issued by the Illinois Law Enforcement Training Standards Board stating that he or she is qualified to carry a concealed weapon.

Section 15. The County Jail Act is amended by adding Section 26.1 as follows:

(730 ILCS 125/26.1 new)

Sec. 26.1. County correctional officers; off-duty firearms.

(a) For the purposes of this Section, "county correctional officer" means an employee of a county sheriff's office within this State who has custody and control over adult inmates in a county jail.

(b) For the purposes of this Section, "qualified retired county correctional officer" means a former county correctional officer who:

(1) was separated from service with the county sheriff's office in good standing;

(2) before the separation, was authorized by law to engage in or supervise the activities of prevention, detection, investigation, prosecution, or incarceration of any person for any violation of law;

(3) before the separation, served as a county correctional officer for an aggregate of 10 years or more;

(4) has not either:

(A) been officially found, as the county sheriff shall by rule provide, by a qualified medical professional employed by the county sheriff to be unqualified for reasons relating to mental health and as a result of this finding will not be issued the photographic identification as described in paragraph (5) of subsection (c); or

(B) entered into an agreement with the county sheriff's office from which the individual is separated form service in which that individual acknowledges he or she is not qualified under this Section for reasons relating to mental health and for those reasons will not receive or accept the photographic identification as described in paragraph (5) of subsection (c);

(5) is not under the influence of alcohol or any other intoxicating or hallucinatory drug or substance; and

(6) is not prohibited by State or federal law from receiving a firearm.

(c) Paragraphs (4) and (10) of subsection (a) of Section 24-1 and Section 24-1.6 of the Criminal Code of 2012 do not apply to currently employed or qualified retired county correctional officers who meet the following conditions:

(1) The currently employed or qualified retired county correctional officer must receive training in the use of firearms while off-duty conducted by the Illinois Law Enforcement Training Standards Board and be certified as having successfully completed the training by the Board. The Board shall determine the amount of the training and the course content for the training. The currently employed or qualified retired county correctional officer shall requalify for the firearms training annually at a State range certified by the Illinois Law Enforcement Training Standards Board. The expenses of the retraining shall be paid by the currently employed or qualified retired county correctional officer and moneys for the costs of the requalification shall be expended at the request of the Illinois Law Enforcement Training Standards Board.

(2) The currently employed or qualified retired county correctional officer shall purchase the firearm at his or her own expense and shall register the firearm with the Department of State Police and with any other local law enforcement agencies that require the registration.

(3) The currently employed or qualified retired county correctional officer may not carry any county sheriff-issued firearm while off-duty. A person who violates this paragraph (3) is subject to disciplinary action by the county sheriff.

(4) County correctional officers who are or were discharged from employment by the county sheriff shall no longer be considered law enforcement officials and all their rights as law enforcement officials shall be revoked permanently.

(5) The currently employed or qualified retired county correctional officer shall carry a photographic identification issued by his or her agency identifying him or her as a currently employed or qualified retired county correctional officer while carrying a firearm off-duty, along with a valid annual firearm certificate issued by the Illinois Law Enforcement Training Standards Board stating that he or she is qualified to carry a concealed weapon.