101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4561

 

Introduced 2/5/2020, by Rep. Allen Skillicorn

 

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

    Repeals the Firearm Concealed Carry Act. Amends the Criminal Code of 2012. Provides that the unlawful use of weapons and aggravated unlawful use of a weapon statutes do not apply to or affect any person carrying a concealed pistol, revolver, or handgun and the person has been issued a currently valid Firearm Owner's Identification Card under the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes.


LRB101 16720 RLC 66109 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4561LRB101 16720 RLC 66109 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Open Meetings Act is amended by changing
5Section 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
9be open to the public unless excepted in subsection (c) and
10closed in accordance with Section 2a.
11    (b) Construction of exceptions. The exceptions contained
12in subsection (c) are in derogation of the requirement that
13public bodies meet in the open, and therefore, the exceptions
14are to be strictly construed, extending only to subjects
15clearly within their scope. The exceptions authorize but do not
16require the holding of a closed meeting to discuss a subject
17included within an enumerated exception.
18    (c) Exceptions. A public body may hold closed meetings to
19consider 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

 

 

HB4561- 2 -LRB101 16720 RLC 66109 b

1    setting, or specific volunteers of the public body or legal
2    counsel for the public body, including hearing testimony on
3    a complaint lodged against an employee, a specific
4    individual who serves as an independent contractor in a
5    park, recreational, or educational setting, or a volunteer
6    of the public body or against legal counsel for the public
7    body to determine its validity. However, a meeting to
8    consider an increase in compensation to a specific employee
9    of a public body that is subject to the Local Government
10    Wage Increase Transparency Act may not be closed and shall
11    be open to the public and posted and held in accordance
12    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 public
22    body is given power to remove the occupant under law or
23    ordinance.
24        (4) Evidence or testimony presented in open hearing, or
25    in closed hearing where specifically authorized by law, to
26    a quasi-adjudicative body, as defined in this Act, provided

 

 

HB4561- 3 -LRB101 16720 RLC 66109 b

1    that the body prepares and makes available for public
2    inspection a written decision setting forth its
3    determinative reasoning.
4        (5) The purchase or lease of real property for the use
5    of the public body, including meetings held for the purpose
6    of discussing whether a particular parcel should be
7    acquired.
8        (6) The setting of a price for sale or lease of
9    property owned by the public body.
10        (7) The sale or purchase of securities, investments, or
11    investment contracts. This exception shall not apply to the
12    investment of assets or income of funds deposited into the
13    Illinois Prepaid Tuition Trust Fund.
14        (8) Security procedures, school building safety and
15    security, and the use of personnel and equipment to respond
16    to an actual, a threatened, or a reasonably potential
17    danger to the safety of employees, students, staff, the
18    public, or public property.
19        (9) Student disciplinary cases.
20        (10) The placement of individual students in special
21    education programs and other matters relating to
22    individual students.
23        (11) Litigation, when an action against, affecting or
24    on behalf of the particular public body has been filed and
25    is pending before a court or administrative tribunal, or
26    when the public body finds that an action is probable or

 

 

HB4561- 4 -LRB101 16720 RLC 66109 b

1    imminent, in which case the basis for the finding shall be
2    recorded and entered into the minutes of the closed
3    meeting.
4        (12) The establishment of reserves or settlement of
5    claims as provided in the Local Governmental and
6    Governmental Employees Tort Immunity Act, if otherwise the
7    disposition of a claim or potential claim might be
8    prejudiced, or the review or discussion of claims, loss or
9    risk management information, records, data, advice or
10    communications from or with respect to any insurer of the
11    public body or any intergovernmental risk management
12    association or self insurance pool of which the public body
13    is a member.
14        (13) Conciliation of complaints of discrimination in
15    the sale or rental of housing, when closed meetings are
16    authorized by the law or ordinance prescribing fair housing
17    practices and creating a commission or administrative
18    agency for their enforcement.
19        (14) Informant sources, the hiring or assignment of
20    undercover personnel or equipment, or ongoing, prior or
21    future criminal investigations, when discussed by a public
22    body with criminal investigatory responsibilities.
23        (15) Professional ethics or performance when
24    considered by an advisory body appointed to advise a
25    licensing or regulatory agency on matters germane to the
26    advisory body's field of competence.

 

 

HB4561- 5 -LRB101 16720 RLC 66109 b

1        (16) Self evaluation, practices and procedures or
2    professional ethics, when meeting with a representative of
3    a statewide association of which the public body is a
4    member.
5        (17) The recruitment, credentialing, discipline or
6    formal peer review of physicians or other health care
7    professionals, or for the discussion of matters protected
8    under the federal Patient Safety and Quality Improvement
9    Act of 2005, and the regulations promulgated thereunder,
10    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
11    Health Insurance Portability and Accountability Act of
12    1996, and the regulations promulgated thereunder,
13    including 45 C.F.R. Parts 160, 162, and 164, by a hospital,
14    or other institution providing medical care, that is
15    operated by the public body.
16        (18) Deliberations for decisions of the Prisoner
17    Review Board.
18        (19) Review or discussion of applications received
19    under the Experimental Organ Transplantation Procedures
20    Act.
21        (20) The classification and discussion of matters
22    classified as confidential or continued confidential by
23    the State Government Suggestion Award Board.
24        (21) Discussion of minutes of meetings lawfully closed
25    under this Act, whether for purposes of approval by the
26    body of the minutes or semi-annual review of the minutes as

 

 

HB4561- 6 -LRB101 16720 RLC 66109 b

1    mandated by Section 2.06.
2        (22) Deliberations for decisions of the State
3    Emergency Medical Services Disciplinary Review Board.
4        (23) The operation by a municipality of a municipal
5    utility or the operation of a municipal power agency or
6    municipal natural gas agency when the discussion involves
7    (i) contracts relating to the purchase, sale, or delivery
8    of electricity or natural gas or (ii) the results or
9    conclusions of load forecast studies.
10        (24) Meetings of a residential health care facility
11    resident sexual assault and death review team or the
12    Executive Council under the Abuse Prevention Review Team
13    Act.
14        (25) Meetings of an independent team of experts under
15    Brian's Law.
16        (26) Meetings of a mortality review team appointed
17    under the Department of Juvenile Justice Mortality Review
18    Team Act.
19        (27) (Blank).
20        (28) Correspondence and records (i) that may not be
21    disclosed under Section 11-9 of the Illinois Public Aid
22    Code or (ii) that pertain to appeals under Section 11-8 of
23    the Illinois Public Aid Code.
24        (29) Meetings between internal or external auditors
25    and governmental audit committees, finance committees, and
26    their equivalents, when the discussion involves internal

 

 

HB4561- 7 -LRB101 16720 RLC 66109 b

1    control weaknesses, identification of potential fraud risk
2    areas, known or suspected frauds, and fraud interviews
3    conducted in accordance with generally accepted auditing
4    standards of the United States of America.
5        (30) Those meetings or portions of meetings of a
6    fatality review team or the Illinois Fatality Review Team
7    Advisory Council during which a review of the death of an
8    eligible adult in which abuse or neglect is suspected,
9    alleged, or substantiated is conducted pursuant to Section
10    15 of the Adult Protective Services Act.
11        (31) (Blank). Meetings and deliberations for decisions
12    of the Concealed Carry Licensing Review Board under the
13    Firearm Concealed Carry Act.
14        (32) Meetings between the Regional Transportation
15    Authority Board and its Service Boards when the discussion
16    involves review by the Regional Transportation Authority
17    Board of employment contracts under Section 28d of the
18    Metropolitan Transit Authority Act and Sections 3A.18 and
19    3B.26 of the Regional Transportation Authority Act.
20        (33) Those meetings or portions of meetings of the
21    advisory committee and peer review subcommittee created
22    under Section 320 of the Illinois Controlled Substances Act
23    during which specific controlled substance prescriber,
24    dispenser, or patient information is discussed.
25        (34) Meetings of the Tax Increment Financing Reform
26    Task Force under Section 2505-800 of the Department of

 

 

HB4561- 8 -LRB101 16720 RLC 66109 b

1    Revenue Law of the Civil Administrative Code of Illinois.
2        (35) Meetings of the group established to discuss
3    Medicaid capitation rates under Section 5-30.8 of the
4    Illinois Public Aid Code.
5        (36) Those deliberations or portions of deliberations
6    for decisions of the Illinois Gaming Board in which there
7    is discussed any of the following: (i) personal,
8    commercial, financial, or other information obtained from
9    any source that is privileged, proprietary, confidential,
10    or a trade secret; or (ii) information specifically
11    exempted from the disclosure by federal or State law.
12    (d) Definitions. For purposes of this Section:
13    "Employee" means a person employed by a public body whose
14relationship with the public body constitutes an
15employer-employee relationship under the usual common law
16rules, and who is not an independent contractor.
17    "Public office" means a position created by or under the
18Constitution or laws of this State, the occupant of which is
19charged with the exercise of some portion of the sovereign
20power of this State. The term "public office" shall include
21members of the public body, but it shall not include
22organizational positions filled by members thereof, whether
23established by law or by a public body itself, that exist to
24assist the body in the conduct of its business.
25    "Quasi-adjudicative body" means an administrative body
26charged by law or ordinance with the responsibility to conduct

 

 

HB4561- 9 -LRB101 16720 RLC 66109 b

1hearings, receive evidence or testimony and make
2determinations based thereon, but does not include local
3electoral boards when such bodies are considering petition
4challenges.
5    (e) Final action. No final action may be taken at a closed
6meeting. Final action shall be preceded by a public recital of
7the nature of the matter being considered and other information
8that will inform the public of the business being conducted.
9(Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17;
10100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff.
118-23-19; revised 9-27-19.)
 
12    Section 10. The Freedom of Information Act is amended by
13changing Section 7.5 as follows:
 
14    (5 ILCS 140/7.5)
15    Sec. 7.5. Statutory exemptions. To the extent provided for
16by the statutes referenced below, the following shall be exempt
17from inspection and copying:
18        (a) All information determined to be confidential
19    under Section 4002 of the Technology Advancement and
20    Development Act.
21        (b) Library circulation and order records identifying
22    library users with specific materials under the Library
23    Records Confidentiality Act.
24        (c) Applications, related documents, and medical

 

 

HB4561- 10 -LRB101 16720 RLC 66109 b

1    records received by the Experimental Organ Transplantation
2    Procedures Board and any and all documents or other records
3    prepared by the Experimental Organ Transplantation
4    Procedures Board or its staff relating to applications it
5    has received.
6        (d) Information and records held by the Department of
7    Public Health and its authorized representatives relating
8    to known or suspected cases of sexually transmissible
9    disease or any information the disclosure of which is
10    restricted under the Illinois Sexually Transmissible
11    Disease Control Act.
12        (e) Information the disclosure of which is exempted
13    under Section 30 of the Radon Industry Licensing Act.
14        (f) Firm performance evaluations under Section 55 of
15    the Architectural, Engineering, and Land Surveying
16    Qualifications Based Selection Act.
17        (g) Information the disclosure of which is restricted
18    and exempted under Section 50 of the Illinois Prepaid
19    Tuition Act.
20        (h) Information the disclosure of which is exempted
21    under the State Officials and Employees Ethics Act, and
22    records of any lawfully created State or local inspector
23    general's office that would be exempt if created or
24    obtained by an Executive Inspector General's office under
25    that Act.
26        (i) Information contained in a local emergency energy

 

 

HB4561- 11 -LRB101 16720 RLC 66109 b

1    plan submitted to a municipality in accordance with a local
2    emergency energy plan ordinance that is adopted under
3    Section 11-21.5-5 of the Illinois Municipal Code.
4        (j) Information and data concerning the distribution
5    of surcharge moneys collected and remitted by carriers
6    under the Emergency Telephone System Act.
7        (k) Law enforcement officer identification information
8    or driver identification information compiled by a law
9    enforcement agency or the Department of Transportation
10    under Section 11-212 of the Illinois Vehicle Code.
11        (l) Records and information provided to a residential
12    health care facility resident sexual assault and death
13    review team or the Executive Council under the Abuse
14    Prevention Review Team Act.
15        (m) Information provided to the predatory lending
16    database created pursuant to Article 3 of the Residential
17    Real Property Disclosure Act, except to the extent
18    authorized under that Article.
19        (n) Defense budgets and petitions for certification of
20    compensation and expenses for court appointed trial
21    counsel as provided under Sections 10 and 15 of the Capital
22    Crimes Litigation Act. This subsection (n) shall apply
23    until the conclusion of the trial of the case, even if the
24    prosecution chooses not to pursue the death penalty prior
25    to trial or sentencing.
26        (o) Information that is prohibited from being

 

 

HB4561- 12 -LRB101 16720 RLC 66109 b

1    disclosed under Section 4 of the Illinois Health and
2    Hazardous Substances Registry Act.
3        (p) Security portions of system safety program plans,
4    investigation reports, surveys, schedules, lists, data, or
5    information compiled, collected, or prepared by or for the
6    Regional Transportation Authority under Section 2.11 of
7    the Regional Transportation Authority Act or the St. Clair
8    County Transit District under the Bi-State Transit Safety
9    Act.
10        (q) Information prohibited from being disclosed by the
11    Personnel Record Review Act.
12        (r) Information prohibited from being disclosed by the
13    Illinois School Student Records Act.
14        (s) Information the disclosure of which is restricted
15    under Section 5-108 of the Public Utilities Act.
16        (t) All identified or deidentified health information
17    in the form of health data or medical records contained in,
18    stored in, submitted to, transferred by, or released from
19    the Illinois Health Information Exchange, and identified
20    or deidentified health information in the form of health
21    data and medical records of the Illinois Health Information
22    Exchange in the possession of the Illinois Health
23    Information Exchange Authority due to its administration
24    of the Illinois Health Information Exchange. The terms
25    "identified" and "deidentified" shall be given the same
26    meaning as in the Health Insurance Portability and

 

 

HB4561- 13 -LRB101 16720 RLC 66109 b

1    Accountability Act of 1996, Public Law 104-191, or any
2    subsequent amendments thereto, and any regulations
3    promulgated thereunder.
4        (u) Records and information provided to an independent
5    team of experts under the Developmental Disability and
6    Mental Health Safety Act (also known as Brian's Law).
7        (v) Names and information of people who have applied
8    for or received Firearm Owner's Identification Cards under
9    the Firearm Owners Identification Card Act or applied for
10    or received a concealed carry license under the Firearm
11    Concealed Carry Act, unless otherwise authorized by the
12    Firearm Concealed Carry Act; and databases under the
13    Firearm Concealed Carry Act, records of the Concealed Carry
14    Licensing Review Board under the Firearm Concealed Carry
15    Act, and law enforcement agency objections under the
16    Firearm Concealed Carry Act.
17        (w) Personally identifiable information which is
18    exempted from disclosure under subsection (g) of Section
19    19.1 of the Toll Highway Act.
20        (x) Information which is exempted from disclosure
21    under Section 5-1014.3 of the Counties Code or Section
22    8-11-21 of the Illinois Municipal Code.
23        (y) Confidential information under the Adult
24    Protective Services Act and its predecessor enabling
25    statute, the Elder Abuse and Neglect Act, including
26    information about the identity and administrative finding

 

 

HB4561- 14 -LRB101 16720 RLC 66109 b

1    against any caregiver of a verified and substantiated
2    decision of abuse, neglect, or financial exploitation of an
3    eligible adult maintained in the Registry established
4    under Section 7.5 of the Adult Protective Services Act.
5        (z) Records and information provided to a fatality
6    review team or the Illinois Fatality Review Team Advisory
7    Council under Section 15 of the Adult Protective Services
8    Act.
9        (aa) Information which is exempted from disclosure
10    under Section 2.37 of the Wildlife Code.
11        (bb) Information which is or was prohibited from
12    disclosure by the Juvenile Court Act of 1987.
13        (cc) Recordings made under the Law Enforcement
14    Officer-Worn Body Camera Act, except to the extent
15    authorized under that Act.
16        (dd) Information that is prohibited from being
17    disclosed under Section 45 of the Condominium and Common
18    Interest Community Ombudsperson Act.
19        (ee) Information that is exempted from disclosure
20    under Section 30.1 of the Pharmacy Practice Act.
21        (ff) Information that is exempted from disclosure
22    under the Revised Uniform Unclaimed Property Act.
23        (gg) Information that is prohibited from being
24    disclosed under Section 7-603.5 of the Illinois Vehicle
25    Code.
26        (hh) Records that are exempt from disclosure under

 

 

HB4561- 15 -LRB101 16720 RLC 66109 b

1    Section 1A-16.7 of the Election Code.
2        (ii) Information which is exempted from disclosure
3    under Section 2505-800 of the Department of Revenue Law of
4    the Civil Administrative Code of Illinois.
5        (jj) Information and reports that are required to be
6    submitted to the Department of Labor by registering day and
7    temporary labor service agencies but are exempt from
8    disclosure under subsection (a-1) of Section 45 of the Day
9    and Temporary Labor Services Act.
10        (kk) Information prohibited from disclosure under the
11    Seizure and Forfeiture Reporting Act.
12        (ll) Information the disclosure of which is restricted
13    and exempted under Section 5-30.8 of the Illinois Public
14    Aid Code.
15        (mm) Records that are exempt from disclosure under
16    Section 4.2 of the Crime Victims Compensation Act.
17        (nn) Information that is exempt from disclosure under
18    Section 70 of the Higher Education Student Assistance Act.
19        (oo) Communications, notes, records, and reports
20    arising out of a peer support counseling session prohibited
21    from disclosure under the First Responders Suicide
22    Prevention Act.
23        (pp) Names and all identifying information relating to
24    an employee of an emergency services provider or law
25    enforcement agency under the First Responders Suicide
26    Prevention Act.

 

 

HB4561- 16 -LRB101 16720 RLC 66109 b

1        (qq) Information and records held by the Department of
2    Public Health and its authorized representatives collected
3    under the Reproductive Health Act.
4        (rr) Information that is exempt from disclosure under
5    the Cannabis Regulation and Tax Act.
6        (ss) Data reported by an employer to the Department of
7    Human Rights pursuant to Section 2-108 of the Illinois
8    Human Rights Act.
9        (tt) Recordings made under the Children's Advocacy
10    Center Act, except to the extent authorized under that Act.
11        (uu) Information that is exempt from disclosure under
12    Section 50 of the Sexual Assault Evidence Submission Act.
13        (vv) Information that is exempt from disclosure under
14    subsections (f) and (j) of Section 5-36 of the Illinois
15    Public Aid Code.
16        (ww) Information that is exempt from disclosure under
17    Section 16.8 of the State Treasurer Act.
18        (xx) Information that is exempt from disclosure or
19    information that shall not be made public under the
20    Illinois Insurance Code.
21        (yy) (oo) Information prohibited from being disclosed
22    under the Illinois Educational Labor Relations Act.
23        (zz) (pp) Information prohibited from being disclosed
24    under the Illinois Public Labor Relations Act.
25        (aaa) (qq) Information prohibited from being disclosed
26    under Section 1-167 of the Illinois Pension Code.

 

 

HB4561- 17 -LRB101 16720 RLC 66109 b

1(Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18;
2100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff.
38-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517,
4eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19;
5100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff.
66-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221,
7eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19;
8101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff.
91-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; revised
101-6-20.)
 
11    (15 ILCS 305/13.5 rep.)
12    Section 15. The Secretary of State Act is amended by
13repealing Section 13.5.
 
14    Section 20. The Department of State Police Law of the Civil
15Administrative Code of Illinois is amended by changing Sections
162605-300 and 2605-595 as follows:
 
17    (20 ILCS 2605/2605-300)  (was 20 ILCS 2605/55a in part)
18    Sec. 2605-300. Records; crime laboratories; personnel. To
19do the following:
20        (1) Be a central repository and custodian of criminal
21    statistics for the State.
22        (2) Be a central repository for criminal history record
23    information.

 

 

HB4561- 18 -LRB101 16720 RLC 66109 b

1        (3) Procure and file for record information that is
2    necessary and helpful to plan programs of crime prevention,
3    law enforcement, and criminal justice.
4        (4) Procure and file for record copies of fingerprints
5    that may be required by law.
6        (5) Establish general and field crime laboratories.
7        (6) Register and file for record information that may
8    be required by law for the issuance of firearm owner's
9    identification cards under the Firearm Owners
10    Identification Card Act and concealed carry licenses under
11    the Firearm Concealed Carry Act.
12        (7) Employ laboratory technicians and other specially
13    qualified persons to aid in the identification of criminal
14    activity, and may employ polygraph operators.
15        (8) Undertake other identification, information,
16    laboratory, statistical, or registration activities that
17    may be required by law.
18(Source: P.A. 98-63, eff. 7-9-13; 99-801, eff. 1-1-17.)
 
19    (20 ILCS 2605/2605-595)
20    Sec. 2605-595. State Police Firearm Services Fund.
21    (a) There is created in the State treasury a special fund
22known as the State Police Firearm Services Fund. The Fund shall
23receive revenue under the Firearm Concealed Carry Act and
24Section 5 of the Firearm Owners Identification Card Act. The
25Fund may also receive revenue from grants, pass-through grants,

 

 

HB4561- 19 -LRB101 16720 RLC 66109 b

1donations, appropriations, and any other legal source.
2    (b) The Department of State Police may use moneys in the
3Fund to finance any of its lawful purposes, mandates,
4functions, and duties under the Firearm Owners Identification
5Card Act and the Firearm Concealed Carry Act, including the
6cost of sending notices of expiration of Firearm Owner's
7Identification Cards, concealed carry licenses, the prompt and
8efficient processing of applications under the Firearm Owners
9Identification Card Act and the Firearm Concealed Carry Act,
10the improved efficiency and reporting of the LEADS and federal
11NICS law enforcement data systems, and support for
12investigations required under that Act these Acts and law. Any
13surplus funds beyond what is needed to comply with the
14aforementioned purposes shall be used by the Department to
15improve the Law Enforcement Agencies Data System (LEADS) and
16criminal history background check system.
17    (c) Investment income that is attributable to the
18investment of moneys in the Fund shall be retained in the Fund
19for the uses specified in this Section.
20(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
21    Section 25. The State Finance Act is amended by changing
22Section 6z-99 as follows:
 
23    (30 ILCS 105/6z-99)
24    Sec. 6z-99. The Mental Health Reporting Fund.

 

 

HB4561- 20 -LRB101 16720 RLC 66109 b

1    (a) There is created in the State treasury a special fund
2known as the Mental Health Reporting Fund. The Fund shall
3receive revenue under the Firearm Concealed Carry Act. The Fund
4may also receive revenue from grants, pass-through grants,
5donations, appropriations, and any other legal source.
6    (b) The Department of State Police and Department of Human
7Services shall coordinate to use moneys in the Fund to finance
8their respective duties of collecting and reporting data on
9mental health records and ensuring that mental health firearm
10possession prohibitors are enforced as set forth under the
11Firearm Concealed Carry Act and the Firearm Owners
12Identification Card Act. Any surplus in the Fund beyond what is
13necessary to ensure compliance with mental health reporting
14under that Act these Acts shall be used by the Department of
15Human Services for mental health treatment programs.
16    (c) Investment income that is attributable to the
17investment of moneys in the Fund shall be retained in the Fund
18for the uses specified in this Section.
19(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
20    Section 30. The Liquor Control Act of 1934 is amended by
21changing Section 10-1 as follows:
 
22    (235 ILCS 5/10-1)  (from Ch. 43, par. 183)
23    Sec. 10-1. Violations; penalties. Whereas a substantial
24threat to the sound and careful control, regulation, and

 

 

HB4561- 21 -LRB101 16720 RLC 66109 b

1taxation of the manufacture, sale, and distribution of
2alcoholic liquors exists by virtue of individuals who
3manufacture, import, distribute, or sell alcoholic liquors
4within the State without having first obtained a valid license
5to do so, and whereas such threat is especially serious along
6the borders of this State, and whereas such threat requires
7immediate correction by this Act, by active investigation and
8prosecution by the State Commission, law enforcement
9officials, and prosecutors, and by prompt and strict
10enforcement through the courts of this State to punish
11violators and to deter such conduct in the future:
12    (a) Any person who manufactures, imports for distribution
13or use, transports from outside this State into this State, or
14distributes or sells 108 liters (28.53 gallons) or more of
15wine, 45 liters (11.88 gallons) or more of distilled spirits,
16or 118 liters (31.17 gallons) or more of beer at any place
17within the State without having first obtained a valid license
18to do so under the provisions of this Act shall be guilty of a
19Class 4 felony for each offense. However, any person who was
20duly licensed under this Act and whose license expired within
2130 days prior to a violation shall be guilty of a business
22offense and fined not more than $1,000 for the first such
23offense and shall be guilty of a Class 4 felony for each
24subsequent offense.
25    Any person who manufactures, imports for distribution,
26transports from outside this State into this State for sale or

 

 

HB4561- 22 -LRB101 16720 RLC 66109 b

1resale in this State, or distributes or sells less than 108
2liters (28.53 gallons) of wine, less than 45 liters (11.88
3gallons) of distilled spirits, or less than 118 liters (31.17
4gallons) of beer at any place within the State without having
5first obtained a valid license to do so under the provisions of
6this Act shall be guilty of a business offense and fined not
7more than $1,000 for the first such offense and shall be guilty
8of a Class 4 felony for each subsequent offense. This
9subsection does not apply to a motor carrier or freight
10forwarder, as defined in Section 13102 of Title 49 of the
11United States Code, an air carrier, as defined in Section 40102
12of Title 49 of the United States Code, or a rail carrier, as
13defined in Section 10102 of Title 49 of the United States Code.
14    Any person who: (1) has been issued an initial cease and
15desist notice from the State Commission; and (2) for
16compensation, does any of the following: (i) ships alcoholic
17liquor into this State without a license authorized by Section
185-1 issued by the State Commission or in violation of that
19license; or (ii) manufactures, imports for distribution,
20transports from outside this State into this State for sale or
21resale in this State, or distributes or sells alcoholic liquors
22at any place without having first obtained a valid license to
23do so is guilty of a Class 4 felony for each offense.
24    (b) (1) Any retailer, caterer retailer, brew pub, special
25event retailer, special use permit holder, homebrewer special
26event permit holder, or craft distiller tasting permit holder

 

 

HB4561- 23 -LRB101 16720 RLC 66109 b

1who knowingly causes alcoholic liquors to be imported directly
2into the State of Illinois from outside of the State for the
3purpose of furnishing, giving, or selling to another, except
4when having received the product from a duly licensed
5distributor or importing distributor, shall have his license
6suspended for 30 days for the first offense and for the second
7offense, shall have his license revoked by the Commission.
8    (2) In the event the State Commission receives a certified
9copy of a final order from a foreign jurisdiction that an
10Illinois retail licensee has been found to have violated that
11foreign jurisdiction's laws, rules, or regulations concerning
12the importation of alcoholic liquor into that foreign
13jurisdiction, the violation may be grounds for the State
14Commission to revoke, suspend, or refuse to issue or renew a
15license, to impose a fine, or to take any additional action
16provided by this Act with respect to the Illinois retail
17license or licensee. Any such action on the part of the State
18Commission shall be in accordance with this Act and
19implementing rules.
20    For the purposes of paragraph (2): (i) "foreign
21jurisdiction" means a state, territory, or possession of the
22United States, the District of Columbia, or the Commonwealth of
23Puerto Rico, and (ii) "final order" means an order or judgment
24of a court or administrative body that determines the rights of
25the parties respecting the subject matter of the proceeding,
26that remains in full force and effect, and from which no appeal

 

 

HB4561- 24 -LRB101 16720 RLC 66109 b

1can be taken.
2    (c) Any person who shall make any false statement or
3otherwise violates any of the provisions of this Act in
4obtaining any license hereunder, or who having obtained a
5license hereunder shall violate any of the provisions of this
6Act with respect to the manufacture, possession, distribution
7or sale of alcoholic liquor, or with respect to the maintenance
8of the licensed premises, or shall violate any other provision
9of this Act, shall for a first offense be guilty of a petty
10offense and fined not more than $500, and for a second or
11subsequent offense shall be guilty of a Class B misdemeanor.
12    (c-5) (Blank). Any owner of an establishment that serves
13alcohol on its premises, if more than 50% of the
14establishment's gross receipts within the prior 3 months is
15from the sale of alcohol, who knowingly fails to prohibit
16concealed firearms on its premises or who knowingly makes a
17false statement or record to avoid the prohibition of concealed
18firearms on its premises under the Firearm Concealed Carry Act
19shall be guilty of a business offense with a fine up to $5,000.
20    (d) Each day any person engages in business as a
21manufacturer, foreign importer, importing distributor,
22distributor or retailer in violation of the provisions of this
23Act shall constitute a separate offense.
24    (e) Any person, under the age of 21 years who, for the
25purpose of buying, accepting or receiving alcoholic liquor from
26a licensee, represents that he is 21 years of age or over shall

 

 

HB4561- 25 -LRB101 16720 RLC 66109 b

1be guilty of a Class A misdemeanor.
2    (f) In addition to the penalties herein provided, any
3person licensed as a wine-maker in either class who
4manufactures more wine than authorized by his license shall be
5guilty of a business offense and shall be fined $1 for each
6gallon so manufactured.
7    (g) A person shall be exempt from prosecution for a
8violation of this Act if he is a peace officer in the
9enforcement of the criminal laws and such activity is approved
10in writing by one of the following:
11        (1) In all counties, the respective State's Attorney;
12        (2) The Director of State Police under Section 2605-10,
13    2605-15, 2605-75, 2605-100, 2605-105, 2605-110, 2605-115,
14    2605-120, 2605-130, 2605-140, 2605-190, 2605-200,
15    2605-205, 2605-210, 2605-215, 2605-250, 2605-275,
16    2605-300, 2605-305, 2605-315, 2605-325, 2605-335,
17    2605-340, 2605-350, 2605-355, 2605-360, 2605-365,
18    2605-375, 2605-390, 2605-400, 2605-405, 2605-420,
19    2605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the
20    Department of State Police Law (20 ILCS 2605/2605-10,
21    2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105,
22    2605/2605-110, 2605/2605-115, 2605/2605-120,
23    2605/2605-130, 2605/2605-140, 2605/2605-190,
24    2605/2605-200, 2605/2605-205, 2605/2605-210,
25    2605/2605-215, 2605/2605-250, 2605/2605-275,
26    2605/2605-300, 2605/2605-305, 2605/2605-315,

 

 

HB4561- 26 -LRB101 16720 RLC 66109 b

1    2605/2605-325, 2605/2605-335, 2605/2605-340,
2    2605/2605-350, 2605/2605-355, 2605/2605-360,
3    2605/2605-365, 2605/2605-375, 2605/2605-390,
4    2605/2605-400, 2605/2605-405, 2605/2605-420,
5    2605/2605-430, 2605/2605-435, 2605/2605-500,
6    2605/2605-525, or 2605/2605-550); or
7        (3) In cities over 1,000,000, the Superintendent of
8    Police.
9(Source: P.A. 101-37, eff. 7-3-19.)
 
10    Section 35. The Firearm Owners Identification Card Act is
11amended by changing Sections 2, 3, and 13.1 as follows:
 
12    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)
13    Sec. 2. Firearm Owner's Identification Card required;
14exceptions.
15    (a) (1) No person may acquire or possess any firearm, stun
16gun, or taser within this State without having in his or her
17possession a Firearm Owner's Identification Card previously
18issued in his or her name by the Department of State Police
19under the provisions of this Act.
20    (2) No person may acquire or possess firearm ammunition
21within this State without having in his or her possession a
22Firearm Owner's Identification Card previously issued in his or
23her name by the Department of State Police under the provisions
24of this Act.

 

 

HB4561- 27 -LRB101 16720 RLC 66109 b

1    (b) The provisions of this Section regarding the possession
2of firearms, firearm ammunition, stun guns, and tasers do not
3apply to:
4        (1) United States Marshals, while engaged in the
5    operation of their official duties;
6        (2) Members of the Armed Forces of the United States or
7    the National Guard, while engaged in the operation of their
8    official duties;
9        (3) Federal officials required to carry firearms,
10    while engaged in the operation of their official duties;
11        (4) Members of bona fide veterans organizations which
12    receive firearms directly from the armed forces of the
13    United States, while using the firearms for ceremonial
14    purposes with blank ammunition;
15        (5) Nonresident hunters during hunting season, with
16    valid nonresident hunting licenses and while in an area
17    where hunting is permitted; however, at all other times and
18    in all other places these persons must have their firearms
19    unloaded and enclosed in a case;
20        (6) Those hunters exempt from obtaining a hunting
21    license who are required to submit their Firearm Owner's
22    Identification Card when hunting on Department of Natural
23    Resources owned or managed sites;
24        (7) Nonresidents while on a firing or shooting range
25    recognized by the Department of State Police; however,
26    these persons must at all other times and in all other

 

 

HB4561- 28 -LRB101 16720 RLC 66109 b

1    places have their firearms unloaded and enclosed in a case;
2        (8) Nonresidents while at a firearm showing or display
3    recognized by the Department of State Police; however, at
4    all other times and in all other places these persons must
5    have their firearms unloaded and enclosed in a case;
6        (9) Nonresidents whose firearms are unloaded and
7    enclosed in a case;
8        (10) Nonresidents who are currently licensed or
9    registered to possess a firearm in their resident state;
10        (11) Unemancipated minors while in the custody and
11    immediate control of their parent or legal guardian or
12    other person in loco parentis to the minor if the parent or
13    legal guardian or other person in loco parentis to the
14    minor has a currently valid Firearm Owner's Identification
15    Card;
16        (12) Color guards of bona fide veterans organizations
17    or members of bona fide American Legion bands while using
18    firearms for ceremonial purposes with blank ammunition;
19        (13) Nonresident hunters whose state of residence does
20    not require them to be licensed or registered to possess a
21    firearm and only during hunting season, with valid hunting
22    licenses, while accompanied by, and using a firearm owned
23    by, a person who possesses a valid Firearm Owner's
24    Identification Card and while in an area within a
25    commercial club licensed under the Wildlife Code where
26    hunting is permitted and controlled, but in no instance

 

 

HB4561- 29 -LRB101 16720 RLC 66109 b

1    upon sites owned or managed by the Department of Natural
2    Resources;
3        (14) Resident hunters who are properly authorized to
4    hunt and, while accompanied by a person who possesses a
5    valid Firearm Owner's Identification Card, hunt in an area
6    within a commercial club licensed under the Wildlife Code
7    where hunting is permitted and controlled;
8        (15) A person who is otherwise eligible to obtain a
9    Firearm Owner's Identification Card under this Act and is
10    under the direct supervision of a holder of a Firearm
11    Owner's Identification Card who is 21 years of age or older
12    while the person is on a firing or shooting range or is a
13    participant in a firearms safety and training course
14    recognized by a law enforcement agency or a national,
15    statewide shooting sports organization; and
16        (16) Competitive shooting athletes whose competition
17    firearms are sanctioned by the International Olympic
18    Committee, the International Paralympic Committee, the
19    International Shooting Sport Federation, or USA Shooting
20    in connection with such athletes' training for and
21    participation in shooting competitions at the 2016 Olympic
22    and Paralympic Games and sanctioned test events leading up
23    to the 2016 Olympic and Paralympic Games.
24    (c) The provisions of this Section regarding the
25acquisition and possession of firearms, firearm ammunition,
26stun guns, and tasers do not apply to law enforcement officials

 

 

HB4561- 30 -LRB101 16720 RLC 66109 b

1of this or any other jurisdiction, while engaged in the
2operation of their official duties.
3    (c-5) (Blank). The provisions of paragraphs (1) and (2) of
4subsection (a) of this Section regarding the possession of
5firearms and firearm ammunition do not apply to the holder of a
6valid concealed carry license issued under the Firearm
7Concealed Carry Act who is in physical possession of the
8concealed carry license.
9    (d) Any person who becomes a resident of this State, who is
10not otherwise prohibited from obtaining, possessing, or using a
11firearm or firearm ammunition, shall not be required to have a
12Firearm Owner's Identification Card to possess firearms or
13firearms ammunition until 60 calendar days after he or she
14obtains an Illinois driver's license or Illinois
15Identification Card.
16(Source: P.A. 99-29, eff. 7-10-15.)
 
17    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
18    Sec. 3. (a) Except as provided in Section 3a, no person may
19knowingly transfer, or cause to be transferred, any firearm,
20firearm ammunition, stun gun, or taser to any person within
21this State unless the transferee with whom he deals displays
22either: (1) a currently valid Firearm Owner's Identification
23Card which has previously been issued in his or her name by the
24Department of State Police under the provisions of this Act; or
25(2) a currently valid license to carry a concealed firearm

 

 

HB4561- 31 -LRB101 16720 RLC 66109 b

1which has previously been issued in his or her name by the
2Department of State Police under the Firearm Concealed Carry
3Act. In addition, all firearm, stun gun, and taser transfers by
4federally licensed firearm dealers are subject to Section 3.1.
5    (a-5) Any person who is not a federally licensed firearm
6dealer and who desires to transfer or sell a firearm while that
7person is on the grounds of a gun show must, before selling or
8transferring the firearm, request the Department of State
9Police to conduct a background check on the prospective
10recipient of the firearm in accordance with Section 3.1.
11    (a-10) Notwithstanding item (2) of subsection (a) of this
12Section, any person who is not a federally licensed firearm
13dealer and who desires to transfer or sell a firearm or
14firearms to any person who is not a federally licensed firearm
15dealer shall, before selling or transferring the firearms,
16contact the Department of State Police with the transferee's or
17purchaser's Firearm Owner's Identification Card number to
18determine the validity of the transferee's or purchaser's
19Firearm Owner's Identification Card. This subsection shall not
20be effective until January 1, 2014. The Department of State
21Police may adopt rules concerning the implementation of this
22subsection. The Department of State Police shall provide the
23seller or transferor an approval number if the purchaser's
24Firearm Owner's Identification Card is valid. Approvals issued
25by the Department for the purchase of a firearm pursuant to
26this subsection are valid for 30 days from the date of issue.

 

 

HB4561- 32 -LRB101 16720 RLC 66109 b

1    (a-15) The provisions of subsection (a-10) of this Section
2do not apply to:
3        (1) transfers that occur at the place of business of a
4    federally licensed firearm dealer, if the federally
5    licensed firearm dealer conducts a background check on the
6    prospective recipient of the firearm in accordance with
7    Section 3.1 of this Act and follows all other applicable
8    federal, State, and local laws as if he or she were the
9    seller or transferor of the firearm, although the dealer is
10    not required to accept the firearm into his or her
11    inventory. The purchaser or transferee may be required by
12    the federally licensed firearm dealer to pay a fee not to
13    exceed $10 per firearm, which the dealer may retain as
14    compensation for performing the functions required under
15    this paragraph, plus the applicable fees authorized by
16    Section 3.1;
17        (2) transfers as a bona fide gift to the transferor's
18    husband, wife, son, daughter, stepson, stepdaughter,
19    father, mother, stepfather, stepmother, brother, sister,
20    nephew, niece, uncle, aunt, grandfather, grandmother,
21    grandson, granddaughter, father-in-law, mother-in-law,
22    son-in-law, or daughter-in-law;
23        (3) transfers by persons acting pursuant to operation
24    of law or a court order;
25        (4) transfers on the grounds of a gun show under
26    subsection (a-5) of this Section;

 

 

HB4561- 33 -LRB101 16720 RLC 66109 b

1        (5) the delivery of a firearm by its owner to a
2    gunsmith for service or repair, the return of the firearm
3    to its owner by the gunsmith, or the delivery of a firearm
4    by a gunsmith to a federally licensed firearms dealer for
5    service or repair and the return of the firearm to the
6    gunsmith;
7        (6) temporary transfers that occur while in the home of
8    the unlicensed transferee, if the unlicensed transferee is
9    not otherwise prohibited from possessing firearms and the
10    unlicensed transferee reasonably believes that possession
11    of the firearm is necessary to prevent imminent death or
12    great bodily harm to the unlicensed transferee;
13        (7) transfers to a law enforcement or corrections
14    agency or a law enforcement or corrections officer acting
15    within the course and scope of his or her official duties;
16        (8) transfers of firearms that have been rendered
17    permanently inoperable to a nonprofit historical society,
18    museum, or institutional collection; and
19        (9) transfers to a person who is exempt from the
20    requirement of possessing a Firearm Owner's Identification
21    Card under Section 2 of this Act.
22    (a-20) The Department of State Police shall develop an
23Internet-based system for individuals to determine the
24validity of a Firearm Owner's Identification Card prior to the
25sale or transfer of a firearm. The Department shall have the
26Internet-based system completed and available for use by July

 

 

HB4561- 34 -LRB101 16720 RLC 66109 b

11, 2015. The Department shall adopt rules not inconsistent with
2this Section to implement this system.
3    (b) Any person within this State who transfers or causes to
4be transferred any firearm, stun gun, or taser shall keep a
5record of such transfer for a period of 10 years from the date
6of transfer. Such record shall contain the date of the
7transfer; the description, serial number or other information
8identifying the firearm, stun gun, or taser if no serial number
9is available; and, if the transfer was completed within this
10State, the transferee's Firearm Owner's Identification Card
11number and any approval number or documentation provided by the
12Department of State Police pursuant to subsection (a-10) of
13this Section; if the transfer was not completed within this
14State, the record shall contain the name and address of the
15transferee. On or after January 1, 2006, the record shall
16contain the date of application for transfer of the firearm. On
17demand of a peace officer such transferor shall produce for
18inspection such record of transfer. If the transfer or sale
19took place at a gun show, the record shall include the unique
20identification number. Failure to record the unique
21identification number or approval number is a petty offense.
22For transfers of a firearm, stun gun, or taser made on or after
23the effective date of this amendatory Act of the 100th General
24Assembly, failure by the private seller to maintain the
25transfer records in accordance with this Section is a Class A
26misdemeanor for the first offense and a Class 4 felony for a

 

 

HB4561- 35 -LRB101 16720 RLC 66109 b

1second or subsequent offense. A transferee shall not be
2criminally liable under this Section provided that he or she
3provides the Department of State Police with the transfer
4records in accordance with procedures established by the
5Department. The Department shall establish, by rule, a standard
6form on its website.
7    (b-5) Any resident may purchase ammunition from a person
8within or outside of Illinois if shipment is by United States
9mail or by a private express carrier authorized by federal law
10to ship ammunition. Any resident purchasing ammunition within
11or outside the State of Illinois must provide the seller with a
12copy of his or her valid Firearm Owner's Identification Card or
13valid concealed carry license and either his or her Illinois
14driver's license or Illinois State Identification Card prior to
15the shipment of the ammunition. The ammunition may be shipped
16only to an address on either of those 2 documents.
17    (c) The provisions of this Section regarding the transfer
18of firearm ammunition shall not apply to those persons
19specified in paragraph (b) of Section 2 of this Act.
20(Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
 
21    (430 ILCS 65/13.1)  (from Ch. 38, par. 83-13.1)
22    Sec. 13.1. Preemption.
23    (a) (Blank). Except as otherwise provided in the Firearm
24Concealed Carry Act and subsections (b) and (c) of this
25Section, the provisions of any ordinance enacted by any

 

 

HB4561- 36 -LRB101 16720 RLC 66109 b

1municipality which requires registration or imposes greater
2restrictions or limitations on the acquisition, possession and
3transfer of firearms than are imposed by this Act, are not
4invalidated or affected by this Act.
5    (b) The Notwithstanding subsection (a) of this Section, the
6regulation, licensing, possession, and registration of
7handguns and ammunition for a handgun, and the transportation
8of any firearm and ammunition by a holder of a valid Firearm
9Owner's Identification Card issued by the Department of State
10Police under this Act are exclusive powers and functions of
11this State. Any ordinance or regulation, or portion of that
12ordinance or regulation, enacted on or before the effective
13date of this amendatory Act of the 98th General Assembly that
14purports to impose regulations or restrictions on a holder of a
15valid Firearm Owner's Identification Card issued by the
16Department of State Police under this Act in a manner that is
17inconsistent with this Act, on the effective date of this
18amendatory Act of the 98th General Assembly, shall be invalid
19in its application to a holder of a valid Firearm Owner's
20Identification Card issued by the Department of State Police
21under this Act.
22    (c) Notwithstanding subsection (a) of this Section, the
23regulation of the possession or ownership of assault weapons
24are exclusive powers and functions of this State. Any ordinance
25or regulation, or portion of that ordinance or regulation, that
26purports to regulate the possession or ownership of assault

 

 

HB4561- 37 -LRB101 16720 RLC 66109 b

1weapons in a manner that is inconsistent with this Act, shall
2be invalid unless the ordinance or regulation is enacted on,
3before, or within 10 days after the effective date of this
4amendatory Act of the 98th General Assembly. Any ordinance or
5regulation described in this subsection (c) enacted more than
610 days after the effective date of this amendatory Act of the
798th General Assembly is invalid. An ordinance enacted on,
8before, or within 10 days after the effective date of this
9amendatory Act of the 98th General Assembly may be amended. The
10enactment or amendment of ordinances under this subsection (c)
11are subject to the submission requirements of Section 13.3. For
12the purposes of this subsection, "assault weapons" means
13firearms designated by either make or model or by a test or
14list of cosmetic features that cumulatively would place the
15firearm into a definition of "assault weapon" under the
16ordinance.
17    (d) For the purposes of this Section, "handgun" means any
18device which is designed to expel a projectile or projectiles
19by the action of an explosion, expansion of gas, or escape of
20gas that is designed to be held and fired by the use of a single
21hand. "Handgun" does not include:
22        (1) a stun gun or taser;
23        (2) a machine gun as defined in item (i) of paragraph
24    (7) of subsection (a) of Section 24-1 of the Criminal Code
25    of 2012;
26        (3) a short-barreled rifle or shotgun as defined in

 

 

HB4561- 38 -LRB101 16720 RLC 66109 b

1    item (ii) of paragraph (7) of subsection (a) of Section
2    24-1 of the Criminal Code of 2012; or
3        (4) any pneumatic gun, spring gun, paint ball gun, or
4    B-B gun which expels a single globular projectile not
5    exceeding .18 inch in diameter, or which has a maximum
6    muzzle velocity of less than 700 feet per second, or which
7    expels breakable paint balls containing washable marking
8    has the meaning ascribed to it in Section 5 of the Firearm
9    Concealed Carry Act.
10    (e) This Section is a denial and limitation of home rule
11powers and functions under subsection (h) of Section 6 of
12Article VII of the Illinois Constitution.
13(Source: P.A. 98-63, eff. 7-9-13.)
 
14    (430 ILCS 66/Act rep.)
15    Section 40. The Firearm Concealed Carry Act is repealed.
 
16    Section 45. The Criminal Code of 2012 is amended by
17changing Sections 24-1, 24-1.6, 24-2, and 24-3 as follows:
 
18    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
19    Sec. 24-1. Unlawful use of weapons.
20    (a) A person commits the offense of unlawful use of weapons
21when he knowingly:
22        (1) Sells, manufactures, purchases, possesses or
23    carries any bludgeon, black-jack, slung-shot, sand-club,

 

 

HB4561- 39 -LRB101 16720 RLC 66109 b

1    sand-bag, metal knuckles or other knuckle weapon
2    regardless of its composition, throwing star, or any knife,
3    commonly referred to as a switchblade knife, which has a
4    blade that opens automatically by hand pressure applied to
5    a button, spring or other device in the handle of the
6    knife, or a ballistic knife, which is a device that propels
7    a knifelike blade as a projectile by means of a coil
8    spring, elastic material or compressed gas; or
9        (2) Carries or possesses with intent to use the same
10    unlawfully against another, a dagger, dirk, billy,
11    dangerous knife, razor, stiletto, broken bottle or other
12    piece of glass, stun gun or taser or any other dangerous or
13    deadly weapon or instrument of like character; or
14        (2.5) Carries or possesses with intent to use the same
15    unlawfully against another, any firearm in a church,
16    synagogue, mosque, or other building, structure, or place
17    used for religious worship; or
18        (3) Carries on or about his person or in any vehicle, a
19    tear gas gun projector or bomb or any object containing
20    noxious liquid gas or substance, other than an object
21    containing a non-lethal noxious liquid gas or substance
22    designed solely for personal defense carried by a person 18
23    years of age or older; or
24        (4) Carries or possesses in any vehicle or concealed on
25    or about his person except when on his land or in his own
26    abode, legal dwelling, or fixed place of business, or on

 

 

HB4561- 40 -LRB101 16720 RLC 66109 b

1    the land or in the legal dwelling of another person as an
2    invitee with that person's permission, any pistol,
3    revolver, stun gun or taser or other firearm, except that
4    this subsection (a) (4) does not apply to or affect
5    transportation of weapons that meet one of the following
6    conditions:
7            (i) are broken down in a non-functioning state; or
8            (ii) are not immediately accessible; or
9            (iii) are unloaded and enclosed in a case, firearm
10        carrying box, shipping box, or other container by a
11        person who has been issued a currently valid Firearm
12        Owner's Identification Card; or
13            (iv) are carried or possessed in accordance with
14        the Firearm Concealed Carry Act by a person who has
15        been issued a currently valid Firearm Owner's
16        Identification Card under the Firearm Owners
17        Identification Card Act license under the Firearm
18        Concealed Carry Act; or
19        (5) Sets a spring gun; or
20        (6) Possesses any device or attachment of any kind
21    designed, used or intended for use in silencing the report
22    of any firearm; or
23        (7) Sells, manufactures, purchases, possesses or
24    carries:
25            (i) a machine gun, which shall be defined for the
26        purposes of this subsection as any weapon, which

 

 

HB4561- 41 -LRB101 16720 RLC 66109 b

1        shoots, is designed to shoot, or can be readily
2        restored to shoot, automatically more than one shot
3        without manually reloading by a single function of the
4        trigger, including the frame or receiver of any such
5        weapon, or sells, manufactures, purchases, possesses,
6        or carries any combination of parts designed or
7        intended for use in converting any weapon into a
8        machine gun, or any combination or parts from which a
9        machine gun can be assembled if such parts are in the
10        possession or under the control of a person;
11            (ii) any rifle having one or more barrels less than
12        16 inches in length or a shotgun having one or more
13        barrels less than 18 inches in length or any weapon
14        made from a rifle or shotgun, whether by alteration,
15        modification, or otherwise, if such a weapon as
16        modified has an overall length of less than 26 inches;
17        or
18            (iii) any bomb, bomb-shell, grenade, bottle or
19        other container containing an explosive substance of
20        over one-quarter ounce for like purposes, such as, but
21        not limited to, black powder bombs and Molotov
22        cocktails or artillery projectiles; or
23        (8) Carries or possesses any firearm, stun gun or taser
24    or other deadly weapon in any place which is licensed to
25    sell intoxicating beverages, or at any public gathering
26    held pursuant to a license issued by any governmental body

 

 

HB4561- 42 -LRB101 16720 RLC 66109 b

1    or any public gathering at which an admission is charged,
2    excluding a place where a showing, demonstration or lecture
3    involving the exhibition of unloaded firearms is
4    conducted.
5        This subsection (a)(8) does not apply to any auction or
6    raffle of a firearm held pursuant to a license or permit
7    issued by a governmental body, nor does it apply to persons
8    engaged in firearm safety training courses; or
9        (9) Carries or possesses in a vehicle or on or about
10    his or her person any pistol, revolver, stun gun or taser
11    or firearm or ballistic knife, when he or she is hooded,
12    robed or masked in such manner as to conceal his or her
13    identity; or
14        (10) Carries or possesses on or about his or her
15    person, upon any public street, alley, or other public
16    lands within the corporate limits of a city, village, or
17    incorporated town, except when an invitee thereon or
18    therein, for the purpose of the display of such weapon or
19    the lawful commerce in weapons, or except when on his land
20    or in his or her own abode, legal dwelling, or fixed place
21    of business, or on the land or in the legal dwelling of
22    another person as an invitee with that person's permission,
23    any pistol, revolver, stun gun, or taser or other firearm,
24    except that this subsection (a) (10) does not apply to or
25    affect transportation of weapons that meet one of the
26    following conditions:

 

 

HB4561- 43 -LRB101 16720 RLC 66109 b

1            (i) are broken down in a non-functioning state; or
2            (ii) are not immediately accessible; or
3            (iii) are unloaded and enclosed in a case, firearm
4        carrying box, shipping box, or other container by a
5        person who has been issued a currently valid Firearm
6        Owner's Identification Card; or
7            (iv) are carried or possessed in accordance with
8        the Firearm Owners Identification Card Act Concealed
9        Carry Act by a person who has been issued a currently
10        valid license under the Firearm Owner's Identification
11        Card Concealed Carry Act.
12        A "stun gun or taser", as used in this paragraph (a)
13    means (i) any device which is powered by electrical
14    charging units, such as, batteries, and which fires one or
15    several barbs attached to a length of wire and which, upon
16    hitting a human, can send out a current capable of
17    disrupting the person's nervous system in such a manner as
18    to render him incapable of normal functioning or (ii) any
19    device which is powered by electrical charging units, such
20    as batteries, and which, upon contact with a human or
21    clothing worn by a human, can send out current capable of
22    disrupting the person's nervous system in such a manner as
23    to render him incapable of normal functioning; or
24        (11) Sells, manufactures, or purchases any explosive
25    bullet. For purposes of this paragraph (a) "explosive
26    bullet" means the projectile portion of an ammunition

 

 

HB4561- 44 -LRB101 16720 RLC 66109 b

1    cartridge which contains or carries an explosive charge
2    which will explode upon contact with the flesh of a human
3    or an animal. "Cartridge" means a tubular metal case having
4    a projectile affixed at the front thereof and a cap or
5    primer at the rear end thereof, with the propellant
6    contained in such tube between the projectile and the cap;
7    or
8        (12) (Blank); or
9        (13) Carries or possesses on or about his or her person
10    while in a building occupied by a unit of government, a
11    billy club, other weapon of like character, or other
12    instrument of like character intended for use as a weapon.
13    For the purposes of this Section, "billy club" means a
14    short stick or club commonly carried by police officers
15    which is either telescopic or constructed of a solid piece
16    of wood or other man-made material.
17    (b) Sentence. A person convicted of a violation of
18subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
19subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
20Class A misdemeanor. A person convicted of a violation of
21subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony; a
22person convicted of a violation of subsection 24-1(a)(6) or
2324-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
24convicted of a violation of subsection 24-1(a)(7)(i) commits a
25Class 2 felony and shall be sentenced to a term of imprisonment
26of not less than 3 years and not more than 7 years, unless the

 

 

HB4561- 45 -LRB101 16720 RLC 66109 b

1weapon is possessed in the passenger compartment of a motor
2vehicle as defined in Section 1-146 of the Illinois Vehicle
3Code, or on the person, while the weapon is loaded, in which
4case it shall be a Class X felony. A person convicted of a
5second or subsequent violation of subsection 24-1(a)(4),
624-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
7felony. A person convicted of a violation of subsection
824-1(a)(2.5) commits a Class 2 felony. The possession of each
9weapon in violation of this Section constitutes a single and
10separate violation.
11    (c) Violations in specific places.
12        (1) A person who violates subsection 24-1(a)(6) or
13    24-1(a)(7) in any school, regardless of the time of day or
14    the time of year, in residential property owned, operated
15    or managed by a public housing agency or leased by a public
16    housing agency as part of a scattered site or mixed-income
17    development, in a public park, in a courthouse, on the real
18    property comprising any school, regardless of the time of
19    day or the time of year, on residential property owned,
20    operated or managed by a public housing agency or leased by
21    a public housing agency as part of a scattered site or
22    mixed-income development, on the real property comprising
23    any public park, on the real property comprising any
24    courthouse, in any conveyance owned, leased or contracted
25    by a school to transport students to or from school or a
26    school related activity, in any conveyance owned, leased,

 

 

HB4561- 46 -LRB101 16720 RLC 66109 b

1    or contracted by a public transportation agency, or on any
2    public way within 1,000 feet of the real property
3    comprising any school, public park, courthouse, public
4    transportation facility, or residential property owned,
5    operated, or managed by a public housing agency or leased
6    by a public housing agency as part of a scattered site or
7    mixed-income development commits a Class 2 felony and shall
8    be sentenced to a term of imprisonment of not less than 3
9    years and not more than 7 years.
10        (1.5) A person who violates subsection 24-1(a)(4),
11    24-1(a)(9), or 24-1(a)(10) in any school, regardless of the
12    time of day or the time of year, in residential property
13    owned, operated, or managed by a public housing agency or
14    leased by a public housing agency as part of a scattered
15    site or mixed-income development, in a public park, in a
16    courthouse, on the real property comprising any school,
17    regardless of the time of day or the time of year, on
18    residential property owned, operated, or managed by a
19    public housing agency or leased by a public housing agency
20    as part of a scattered site or mixed-income development, on
21    the real property comprising any public park, on the real
22    property comprising any courthouse, in any conveyance
23    owned, leased, or contracted by a school to transport
24    students to or from school or a school related activity, in
25    any conveyance owned, leased, or contracted by a public
26    transportation agency, or on any public way within 1,000

 

 

HB4561- 47 -LRB101 16720 RLC 66109 b

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

 

 

HB4561- 48 -LRB101 16720 RLC 66109 b

1    public housing agency or leased by a public housing agency
2    as part of a scattered site or mixed-income development
3    commits a Class 4 felony. "Courthouse" means any building
4    that is used by the Circuit, Appellate, or Supreme Court of
5    this State for the conduct of official business.
6        (3) Paragraphs (1), (1.5), and (2) of this subsection
7    (c) shall not apply to law enforcement officers or security
8    officers of such school, college, or university or to
9    students carrying or possessing firearms for use in
10    training courses, parades, hunting, target shooting on
11    school ranges, or otherwise with the consent of school
12    authorities and which firearms are transported unloaded
13    enclosed in a suitable case, box, or transportation
14    package.
15        (4) For the purposes of this subsection (c), "school"
16    means any public or private elementary or secondary school,
17    community college, college, or university.
18        (5) For the purposes of this subsection (c), "public
19    transportation agency" means a public or private agency
20    that provides for the transportation or conveyance of
21    persons by means available to the general public, except
22    for transportation by automobiles not used for conveyance
23    of the general public as passengers; and "public
24    transportation facility" means a terminal or other place
25    where one may obtain public transportation.
26    (d) The presence in an automobile other than a public

 

 

HB4561- 49 -LRB101 16720 RLC 66109 b

1omnibus of any weapon, instrument or substance referred to in
2subsection (a)(7) is prima facie evidence that it is in the
3possession of, and is being carried by, all persons occupying
4such automobile at the time such weapon, instrument or
5substance is found, except under the following circumstances:
6(i) if such weapon, instrument or instrumentality is found upon
7the person of one of the occupants therein; or (ii) if such
8weapon, instrument or substance is found in an automobile
9operated for hire by a duly licensed driver in the due, lawful
10and proper pursuit of his or her trade, then such presumption
11shall not apply to the driver.
12    (e) Exemptions.
13        (1) Crossbows, Common or Compound bows and Underwater
14    Spearguns are exempted from the definition of ballistic
15    knife as defined in paragraph (1) of subsection (a) of this
16    Section.
17        (2) The provision of paragraph (1) of subsection (a) of
18    this Section prohibiting the sale, manufacture, purchase,
19    possession, or carrying of any knife, commonly referred to
20    as a switchblade knife, which has a blade that opens
21    automatically by hand pressure applied to a button, spring
22    or other device in the handle of the knife, does not apply
23    to a person who possesses a currently valid Firearm Owner's
24    Identification Card previously issued in his or her name by
25    the Department of State Police or to a person or an entity
26    engaged in the business of selling or manufacturing

 

 

HB4561- 50 -LRB101 16720 RLC 66109 b

1    switchblade knives.
2(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
 
3    (720 ILCS 5/24-1.6)
4    Sec. 24-1.6. Aggravated unlawful use of a weapon.
5    (a) A person commits the offense of aggravated unlawful use
6of a weapon when he or she knowingly:
7        (1) Carries on or about his or her person or in any
8    vehicle or concealed on or about his or her person except
9    when on his or her land or in his or her abode, legal
10    dwelling, or fixed place of business, or on the land or in
11    the legal dwelling of another person as an invitee with
12    that person's permission, any pistol, revolver, stun gun or
13    taser or other firearm; or
14        (2) Carries or possesses on or about his or her person,
15    upon any public street, alley, or other public lands within
16    the corporate limits of a city, village or incorporated
17    town, except when an invitee thereon or therein, for the
18    purpose of the display of such weapon or the lawful
19    commerce in weapons, or except when on his or her own land
20    or in his or her own abode, legal dwelling, or fixed place
21    of business, or on the land or in the legal dwelling of
22    another person as an invitee with that person's permission,
23    any pistol, revolver, stun gun or taser or other firearm;
24    and
25        (3) One of the following factors is present:

 

 

HB4561- 51 -LRB101 16720 RLC 66109 b

1            (A) the firearm, other than a pistol, revolver, or
2        handgun, possessed was uncased, loaded, and
3        immediately accessible at the time of the offense; or
4            (A-5) the pistol, revolver, or handgun possessed
5        was uncased, loaded, and immediately accessible at the
6        time of the offense and the person possessing the
7        pistol, revolver, or handgun has not been issued a
8        currently valid Firearm Owner's Identification Card
9        under the Firearm Owners Identification Card license
10        under the Firearm Concealed Carry Act; or
11            (B) the firearm, other than a pistol, revolver, or
12        handgun, possessed was uncased, unloaded, and the
13        ammunition for the weapon was immediately accessible
14        at the time of the offense; or
15            (B-5) the pistol, revolver, or handgun possessed
16        was uncased, unloaded, and the ammunition for the
17        weapon was immediately accessible at the time of the
18        offense and the person possessing the pistol,
19        revolver, or handgun has not been issued a currently
20        valid Firearm Owner's Identification Card under the
21        Firearm Owners Identification Card license under the
22        Firearm Concealed Carry Act; or
23            (C) the person possessing the firearm has not been
24        issued a currently valid Firearm Owner's
25        Identification Card; or
26            (D) the person possessing the weapon was

 

 

HB4561- 52 -LRB101 16720 RLC 66109 b

1        previously adjudicated a delinquent minor under the
2        Juvenile Court Act of 1987 for an act that if committed
3        by an adult would be a felony; or
4            (E) the person possessing the weapon was engaged in
5        a misdemeanor violation of the Cannabis Control Act, in
6        a misdemeanor violation of the Illinois Controlled
7        Substances Act, or in a misdemeanor violation of the
8        Methamphetamine Control and Community Protection Act;
9        or
10            (F) (blank); or
11            (G) the person possessing the weapon had an order
12        of protection issued against him or her within the
13        previous 2 years; or
14            (H) the person possessing the weapon was engaged in
15        the commission or attempted commission of a
16        misdemeanor involving the use or threat of violence
17        against the person or property of another; or
18            (I) the person possessing the weapon was under 21
19        years of age and in possession of a handgun, unless the
20        person under 21 is engaged in lawful activities under
21        the Wildlife Code or described in subsection
22        24-2(b)(1), (b)(3), or 24-2(f).
23    (a-5) "Handgun" as used in this Section has the meaning
24given to it in Section 13.1 of the Firearm Owners
25Identification Card Section 5 of the Firearm Concealed Carry
26Act.

 

 

HB4561- 53 -LRB101 16720 RLC 66109 b

1    (b) "Stun gun or taser" as used in this Section has the
2same definition given to it in Section 24-1 of this Code.
3    (c) This Section does not apply to or affect the
4transportation or possession of weapons that:
5        (i) are broken down in a non-functioning state; or
6        (ii) are not immediately accessible; or
7        (iii) are unloaded and enclosed in a case, firearm
8    carrying box, shipping box, or other container by a person
9    who has been issued a currently valid Firearm Owner's
10    Identification Card.
11    (d) Sentence.
12        (1) Aggravated unlawful use of a weapon is a Class 4
13    felony; a second or subsequent offense is a Class 2 felony
14    for 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        (2) Except as otherwise provided in paragraphs (3) and
19    (4) of this subsection (d), a first offense of aggravated
20    unlawful use of a weapon committed with a firearm by a
21    person 18 years of age or older where the factors listed in
22    both items (A) and (C) or both items (A-5) and (C) of
23    paragraph (3) of subsection (a) are present is a Class 4
24    felony, for which the person shall be sentenced to a term
25    of imprisonment of not less than one year and not more than
26    3 years.

 

 

HB4561- 54 -LRB101 16720 RLC 66109 b

1        (3) Aggravated unlawful use of a weapon by a person who
2    has been previously convicted of a felony in this State or
3    another jurisdiction is a Class 2 felony for which the
4    person shall be sentenced to a term of imprisonment of not
5    less than 3 years and not more than 7 years, except as
6    provided for in Section 5-4.5-110 of the Unified Code of
7    Corrections.
8        (4) Aggravated unlawful use of a weapon while wearing
9    or in possession of body armor as defined in Section 33F-1
10    by a person who has not been issued a valid Firearms
11    Owner's Identification Card in accordance with Section 5 of
12    the Firearm Owners Identification Card Act is a Class X
13    felony.
14    (e) The possession of each firearm in violation of this
15Section constitutes a single and separate violation.
16(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
 
17    (720 ILCS 5/24-2)
18    Sec. 24-2. Exemptions.
19    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
2024-1(a)(13) and Section 24-1.6 do not apply to or affect any of
21the following:
22        (1) Peace officers, and any person summoned by a peace
23    officer to assist in making arrests or preserving the
24    peace, while actually engaged in assisting such officer.
25        (2) Wardens, superintendents and keepers of prisons,

 

 

HB4561- 55 -LRB101 16720 RLC 66109 b

1    penitentiaries, jails and other institutions for the
2    detention of persons accused or convicted of an offense,
3    while in the performance of their official duty, or while
4    commuting between their homes and places of employment.
5        (3) Members of the Armed Services or Reserve Forces of
6    the United States or the Illinois National Guard or the
7    Reserve Officers Training Corps, while in the performance
8    of their official duty.
9        (4) Special agents employed by a railroad or a public
10    utility to perform police functions, and guards of armored
11    car companies, while actually engaged in the performance of
12    the duties of their employment or commuting between their
13    homes and places of employment; and watchmen while actually
14    engaged in the performance of the duties of their
15    employment.
16        (5) Persons licensed as private security contractors,
17    private detectives, or private alarm contractors, or
18    employed by a private security contractor, private
19    detective, or private alarm contractor agency licensed by
20    the Department of Financial and Professional Regulation,
21    if their duties include the carrying of a weapon under the
22    provisions of the Private Detective, Private Alarm,
23    Private Security, Fingerprint Vendor, and Locksmith Act of
24    2004, while actually engaged in the performance of the
25    duties of their employment or commuting between their homes
26    and places of employment. A person shall be considered

 

 

HB4561- 56 -LRB101 16720 RLC 66109 b

1    eligible for this exemption if he or she has completed the
2    required 20 hours of training for a private security
3    contractor, private detective, or private alarm
4    contractor, or employee of a licensed private security
5    contractor, private detective, or private alarm contractor
6    agency and 20 hours of required firearm training, and has
7    been issued a firearm control card by the Department of
8    Financial and Professional Regulation. Conditions for the
9    renewal of firearm control cards issued under the
10    provisions of this Section shall be the same as for those
11    cards issued under the provisions of the Private Detective,
12    Private Alarm, Private Security, Fingerprint Vendor, and
13    Locksmith Act of 2004. The firearm control card shall be
14    carried by the private security contractor, private
15    detective, or private alarm contractor, or employee of the
16    licensed private security contractor, private detective,
17    or private alarm contractor agency at all times when he or
18    she is in possession of a concealable weapon permitted by
19    his or her firearm control card.
20        (6) Any person regularly employed in a commercial or
21    industrial operation as a security guard for the protection
22    of persons employed and private property related to such
23    commercial or industrial operation, while actually engaged
24    in the performance of his or her duty or traveling between
25    sites or properties belonging to the employer, and who, as
26    a security guard, is a member of a security force

 

 

HB4561- 57 -LRB101 16720 RLC 66109 b

1    registered with the Department of Financial and
2    Professional Regulation; provided that such security guard
3    has successfully completed a course of study, approved by
4    and supervised by the Department of Financial and
5    Professional Regulation, consisting of not less than 40
6    hours of training that includes the theory of law
7    enforcement, liability for acts, and the handling of
8    weapons. A person shall be considered eligible for this
9    exemption if he or she has completed the required 20 hours
10    of training for a security officer and 20 hours of required
11    firearm training, and has been issued a firearm control
12    card by the Department of Financial and Professional
13    Regulation. Conditions for the renewal of firearm control
14    cards issued under the provisions of this Section shall be
15    the same as for those cards issued under the provisions of
16    the Private Detective, Private Alarm, Private Security,
17    Fingerprint Vendor, and Locksmith Act of 2004. The firearm
18    control card shall be carried by the security guard at all
19    times when he or she is in possession of a concealable
20    weapon permitted by his or her firearm control card.
21        (7) Agents and investigators of the Illinois
22    Legislative Investigating Commission authorized by the
23    Commission to carry the weapons specified in subsections
24    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
25    any investigation for the Commission.
26        (8) Persons employed by a financial institution as a

 

 

HB4561- 58 -LRB101 16720 RLC 66109 b

1    security guard for the protection of other employees and
2    property related to such financial institution, while
3    actually engaged in the performance of their duties,
4    commuting between their homes and places of employment, or
5    traveling between sites or properties owned or operated by
6    such financial institution, and who, as a security guard,
7    is a member of a security force registered with the
8    Department; provided that any person so employed has
9    successfully completed a course of study, approved by and
10    supervised by the Department of Financial and Professional
11    Regulation, consisting of not less than 40 hours of
12    training which includes theory of law enforcement,
13    liability for acts, and the handling of weapons. A person
14    shall be considered to be eligible for this exemption if he
15    or she has completed the required 20 hours of training for
16    a security officer and 20 hours of required firearm
17    training, and has been issued a firearm control card by the
18    Department of Financial and Professional Regulation.
19    Conditions for renewal of firearm control cards issued
20    under the provisions of this Section shall be the same as
21    for those issued under the provisions of the Private
22    Detective, Private Alarm, Private Security, Fingerprint
23    Vendor, and Locksmith Act of 2004. The firearm control card
24    shall be carried by the security guard at all times when he
25    or she is in possession of a concealable weapon permitted
26    by his or her firearm control card. For purposes of this

 

 

HB4561- 59 -LRB101 16720 RLC 66109 b

1    subsection, "financial institution" means a bank, savings
2    and loan association, credit union or company providing
3    armored car services.
4        (9) Any person employed by an armored car company to
5    drive an armored car, while actually engaged in the
6    performance of his duties.
7        (10) Persons who have been classified as peace officers
8    pursuant to the Peace Officer Fire Investigation Act.
9        (11) Investigators of the Office of the State's
10    Attorneys Appellate Prosecutor authorized by the board of
11    governors of the Office of the State's Attorneys Appellate
12    Prosecutor to carry weapons pursuant to Section 7.06 of the
13    State's Attorneys Appellate Prosecutor's Act.
14        (12) Special investigators appointed by a State's
15    Attorney under Section 3-9005 of the Counties Code.
16        (12.5) Probation officers while in the performance of
17    their duties, or while commuting between their homes,
18    places of employment or specific locations that are part of
19    their assigned duties, with the consent of the chief judge
20    of the circuit for which they are employed, if they have
21    received weapons training according to requirements of the
22    Peace Officer and Probation Officer Firearm Training Act.
23        (13) Court Security Officers while in the performance
24    of their official duties, or while commuting between their
25    homes and places of employment, with the consent of the
26    Sheriff.

 

 

HB4561- 60 -LRB101 16720 RLC 66109 b

1        (13.5) A person employed as an armed security guard at
2    a nuclear energy, storage, weapons or development site or
3    facility regulated by the Nuclear Regulatory Commission
4    who has completed the background screening and training
5    mandated by the rules and regulations of the Nuclear
6    Regulatory Commission.
7        (14) Manufacture, transportation, or sale of weapons
8    to persons authorized under subdivisions (1) through
9    (13.5) of this subsection to possess those weapons.
10    (a-5) Subsections 24-1(a)(4)and 24-1(a)(10) and Section
1124-1.6 do not apply to or affect any person carrying a
12concealed pistol, revolver, or handgun and the person has been
13issued a currently valid Firearm Owner's Identification Card
14under the Firearm Owners Identification Card license under the
15Firearm Concealed Carry Act at the time of the commission of
16the offense.
17     (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
18to or affect a qualified current or retired law enforcement
19officer qualified under the laws of this State or under the
20federal Law Enforcement Officers Safety Act.
21    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2224-1.6 do not apply to or affect any of the following:
23        (1) Members of any club or organization organized for
24    the purpose of practicing shooting at targets upon
25    established target ranges, whether public or private, and
26    patrons of such ranges, while such members or patrons are

 

 

HB4561- 61 -LRB101 16720 RLC 66109 b

1    using their firearms on those target ranges.
2        (2) Duly authorized military or civil organizations
3    while parading, with the special permission of the
4    Governor.
5        (3) Hunters, trappers or fishermen with a license or
6    permit while engaged in hunting, trapping or fishing.
7        (4) Transportation of weapons that are broken down in a
8    non-functioning state or are not immediately accessible.
9        (5) Carrying or possessing any pistol, revolver, stun
10    gun or taser or other firearm on the land or in the legal
11    dwelling of another person as an invitee with that person's
12    permission.
13    (c) Subsection 24-1(a)(7) does not apply to or affect any
14of the following:
15        (1) Peace officers while in performance of their
16    official duties.
17        (2) Wardens, superintendents and keepers of prisons,
18    penitentiaries, jails and other institutions for the
19    detention of persons accused or convicted of an offense.
20        (3) Members of the Armed Services or Reserve Forces of
21    the United States or the Illinois National Guard, while in
22    the performance of their official duty.
23        (4) Manufacture, transportation, or sale of machine
24    guns to persons authorized under subdivisions (1) through
25    (3) of this subsection to possess machine guns, if the
26    machine guns are broken down in a non-functioning state or

 

 

HB4561- 62 -LRB101 16720 RLC 66109 b

1    are not immediately accessible.
2        (5) Persons licensed under federal law to manufacture
3    any weapon from which 8 or more shots or bullets can be
4    discharged by a single function of the firing device, or
5    ammunition for such weapons, and actually engaged in the
6    business of manufacturing such weapons or ammunition, but
7    only with respect to activities which are within the lawful
8    scope of such business, such as the manufacture,
9    transportation, or testing of such weapons or ammunition.
10    This exemption does not authorize the general private
11    possession of any weapon from which 8 or more shots or
12    bullets can be discharged by a single function of the
13    firing device, but only such possession and activities as
14    are within the lawful scope of a licensed manufacturing
15    business described in this paragraph.
16        During transportation, such weapons shall be broken
17    down in a non-functioning state or not immediately
18    accessible.
19        (6) The manufacture, transport, testing, delivery,
20    transfer or sale, and all lawful commercial or experimental
21    activities necessary thereto, of rifles, shotguns, and
22    weapons made from rifles or shotguns, or ammunition for
23    such rifles, shotguns or weapons, where engaged in by a
24    person operating as a contractor or subcontractor pursuant
25    to a contract or subcontract for the development and supply
26    of such rifles, shotguns, weapons or ammunition to the

 

 

HB4561- 63 -LRB101 16720 RLC 66109 b

1    United States government or any branch of the Armed Forces
2    of the United States, when such activities are necessary
3    and incident to fulfilling the terms of such contract.
4        The exemption granted under this subdivision (c)(6)
5    shall also apply to any authorized agent of any such
6    contractor or subcontractor who is operating within the
7    scope of his employment, where such activities involving
8    such weapon, weapons or ammunition are necessary and
9    incident to fulfilling the terms of such contract.
10        (7) A person possessing a rifle with a barrel or
11    barrels less than 16 inches in length if: (A) the person
12    has been issued a Curios and Relics license from the U.S.
13    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
14    the person is an active member of a bona fide, nationally
15    recognized military re-enacting group and the modification
16    is required and necessary to accurately portray the weapon
17    for historical re-enactment purposes; the re-enactor is in
18    possession of a valid and current re-enacting group
19    membership credential; and the overall length of the weapon
20    as modified is not less than 26 inches.
21    (d) Subsection 24-1(a)(1) does not apply to the purchase,
22possession or carrying of a black-jack or slung-shot by a peace
23officer.
24    (e) Subsection 24-1(a)(8) does not apply to any owner,
25manager or authorized employee of any place specified in that
26subsection nor to any law enforcement officer.

 

 

HB4561- 64 -LRB101 16720 RLC 66109 b

1    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
2Section 24-1.6 do not apply to members of any club or
3organization organized for the purpose of practicing shooting
4at targets upon established target ranges, whether public or
5private, while using their firearms on those target ranges.
6    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
7to:
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 of
19    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
26persons licensed under federal law to manufacture any device or

 

 

HB4561- 65 -LRB101 16720 RLC 66109 b

1attachment of any kind designed, used, or intended for use in
2silencing the report of any firearm, firearms, or ammunition
3for those firearms equipped with those devices, and actually
4engaged in the business of manufacturing those devices,
5firearms, or ammunition, but only with respect to activities
6that are within the lawful scope of that business, such as the
7manufacture, transportation, or testing of those devices,
8firearms, or ammunition. This exemption does not authorize the
9general private possession of any device or attachment of any
10kind designed, used, or intended for use in silencing the
11report of any firearm, but only such possession and activities
12as are within the lawful scope of a licensed manufacturing
13business described in this subsection (g-5). During
14transportation, these devices shall be detached from any weapon
15or not immediately accessible.
16    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1724-1.6 do not apply to or affect any parole agent or parole
18supervisor who meets the qualifications and conditions
19prescribed in Section 3-14-1.5 of the Unified Code of
20Corrections.
21    (g-7) Subsection 24-1(a)(6) does not apply to a peace
22officer while serving as a member of a tactical response team
23or special operations team. A peace officer may not personally
24own or apply for ownership of a device or attachment of any
25kind designed, used, or intended for use in silencing the
26report of any firearm. These devices shall be owned and

 

 

HB4561- 66 -LRB101 16720 RLC 66109 b

1maintained by lawfully recognized units of government whose
2duties include the investigation of criminal acts.
3    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
424-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
5athlete's possession, transport on official Olympic and
6Paralympic transit systems established for athletes, or use of
7competition firearms sanctioned by the International Olympic
8Committee, the International Paralympic Committee, the
9International Shooting Sport Federation, or USA Shooting in
10connection with such athlete's training for and participation
11in shooting competitions at the 2016 Olympic and Paralympic
12Games and sanctioned test events leading up to the 2016 Olympic
13and Paralympic Games.
14    (h) An information or indictment based upon a violation of
15any subsection of this Article need not negative any exemptions
16contained in this Article. The defendant shall have the burden
17of proving such an exemption.
18    (i) Nothing in this Article shall prohibit, apply to, or
19affect the transportation, carrying, or possession, of any
20pistol or revolver, stun gun, taser, or other firearm consigned
21to a common carrier operating under license of the State of
22Illinois or the federal government, where such transportation,
23carrying, or possession is incident to the lawful
24transportation in which such common carrier is engaged; and
25nothing in this Article shall prohibit, apply to, or affect the
26transportation, carrying, or possession of any pistol,

 

 

HB4561- 67 -LRB101 16720 RLC 66109 b

1revolver, stun gun, taser, or other firearm, not the subject of
2and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
3this Article, which is unloaded and enclosed in a case, firearm
4carrying box, shipping box, or other container, by the
5possessor of a valid Firearm Owners Identification Card.
6(Source: P.A. 100-201, eff. 8-18-17; 101-80, eff. 7-12-19.)
 
7    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
8    Sec. 24-3. Unlawful sale or delivery of firearms.
9    (A) A person commits the offense of unlawful sale or
10delivery of firearms when he or she knowingly does any of the
11following:
12        (a) Sells or gives any firearm of a size which may be
13    concealed upon the person to any person under 18 years of
14    age.
15        (b) Sells or gives any firearm to a person under 21
16    years of age who has been convicted of a misdemeanor other
17    than a traffic offense or adjudged delinquent.
18        (c) Sells or gives any firearm to any narcotic addict.
19        (d) Sells or gives any firearm to any person who has
20    been convicted of a felony under the laws of this or any
21    other jurisdiction.
22        (e) Sells or gives any firearm to any person who has
23    been a patient in a mental institution within the past 5
24    years. In this subsection (e):
25            "Mental institution" means any hospital,

 

 

HB4561- 68 -LRB101 16720 RLC 66109 b

1        institution, clinic, evaluation facility, mental
2        health center, or part thereof, which is used primarily
3        for the care or treatment of persons with mental
4        illness.
5            "Patient in a mental institution" means the person
6        was admitted, either voluntarily or involuntarily, to
7        a mental institution for mental health treatment,
8        unless the treatment was voluntary and solely for an
9        alcohol abuse disorder and no other secondary
10        substance abuse disorder or mental illness.
11        (f) Sells or gives any firearms to any person who is a
12    person with an intellectual disability.
13        (g) Delivers any firearm, incidental to a sale, without
14    withholding delivery of the firearm for at least 72 hours
15    after application for its purchase has been made, or
16    delivers a stun gun or taser, incidental to a sale, without
17    withholding delivery of the stun gun or taser for at least
18    24 hours after application for its purchase has been made.
19    However, this paragraph (g) does not apply to: (1) the sale
20    of a firearm to a law enforcement officer if the seller of
21    the firearm knows that the person to whom he or she is
22    selling the firearm is a law enforcement officer or the
23    sale of a firearm to a person who desires to purchase a
24    firearm for use in promoting the public interest incident
25    to his or her employment as a bank guard, armed truck
26    guard, or other similar employment; (2) a mail order sale

 

 

HB4561- 69 -LRB101 16720 RLC 66109 b

1    of a firearm from a federally licensed firearms dealer to a
2    nonresident of Illinois under which the firearm is mailed
3    to a federally licensed firearms dealer outside the
4    boundaries of Illinois; (3) (blank); (4) the sale of a
5    firearm to a dealer licensed as a federal firearms dealer
6    under Section 923 of the federal Gun Control Act of 1968
7    (18 U.S.C. 923); or (5) the transfer or sale of any rifle,
8    shotgun, or other long gun to a resident registered
9    competitor or attendee or non-resident registered
10    competitor or attendee by any dealer licensed as a federal
11    firearms dealer under Section 923 of the federal Gun
12    Control Act of 1968 at competitive shooting events held at
13    the World Shooting Complex sanctioned by a national
14    governing body. For purposes of transfers or sales under
15    subparagraph (5) of this paragraph (g), the Department of
16    Natural Resources shall give notice to the Department of
17    State Police at least 30 calendar days prior to any
18    competitive shooting events at the World Shooting Complex
19    sanctioned by a national governing body. The notification
20    shall be made on a form prescribed by the Department of
21    State Police. The sanctioning body shall provide a list of
22    all registered competitors and attendees at least 24 hours
23    before the events to the Department of State Police. Any
24    changes to the list of registered competitors and attendees
25    shall be forwarded to the Department of State Police as
26    soon as practicable. The Department of State Police must

 

 

HB4561- 70 -LRB101 16720 RLC 66109 b

1    destroy the list of registered competitors and attendees no
2    later than 30 days after the date of the event. Nothing in
3    this paragraph (g) relieves a federally licensed firearm
4    dealer from the requirements of conducting a NICS
5    background check through the Illinois Point of Contact
6    under 18 U.S.C. 922(t). For purposes of this paragraph (g),
7    "application" means when the buyer and seller reach an
8    agreement to purchase a firearm. For purposes of this
9    paragraph (g), "national governing body" means a group of
10    persons who adopt rules and formulate policy on behalf of a
11    national firearm sporting organization.
12        (h) While holding any license as a dealer, importer,
13    manufacturer or pawnbroker under the federal Gun Control
14    Act of 1968, manufactures, sells or delivers to any
15    unlicensed person a handgun having a barrel, slide, frame
16    or receiver which is a die casting of zinc alloy or any
17    other nonhomogeneous metal which will melt or deform at a
18    temperature of less than 800 degrees Fahrenheit. For
19    purposes of this paragraph, (1) "firearm" is defined as in
20    the Firearm Owners Identification Card Act; and (2)
21    "handgun" is defined as a firearm designed to be held and
22    fired by the use of a single hand, and includes a
23    combination of parts from which such a firearm can be
24    assembled.
25        (i) Sells or gives a firearm of any size to any person
26    under 18 years of age who does not possess a valid Firearm

 

 

HB4561- 71 -LRB101 16720 RLC 66109 b

1    Owner's Identification Card.
2        (j) Sells or gives a firearm while engaged in the
3    business of selling firearms at wholesale or retail without
4    being licensed as a federal firearms dealer under Section
5    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
6    In this paragraph (j):
7        A person "engaged in the business" means a person who
8    devotes time, attention, and labor to engaging in the
9    activity as a regular course of trade or business with the
10    principal objective of livelihood and profit, but does not
11    include a person who makes occasional repairs of firearms
12    or who occasionally fits special barrels, stocks, or
13    trigger mechanisms to firearms.
14        "With the principal objective of livelihood and
15    profit" means that the intent underlying the sale or
16    disposition of firearms is predominantly one of obtaining
17    livelihood and pecuniary gain, as opposed to other intents,
18    such as improving or liquidating a personal firearms
19    collection; however, proof of profit shall not be required
20    as to a person who engages in the regular and repetitive
21    purchase and disposition of firearms for criminal purposes
22    or terrorism.
23        (k) Sells or transfers ownership of a firearm to a
24    person who does not display to the seller or transferor of
25    the firearm either: (1) a currently valid Firearm Owner's
26    Identification Card that has previously been issued in the

 

 

HB4561- 72 -LRB101 16720 RLC 66109 b

1    transferee's name by the Department of State Police under
2    the provisions of the Firearm Owners Identification Card
3    Act; or (2) a currently valid license to carry a concealed
4    firearm that has previously been issued in the transferee's
5    name by the Department of State Police under the Firearm
6    Concealed Carry Act. This paragraph (k) does not apply to
7    the transfer of a firearm to a person who is exempt from
8    the requirement of possessing a Firearm Owner's
9    Identification Card under Section 2 of the Firearm Owners
10    Identification Card Act. For the purposes of this Section,
11    a currently valid Firearm Owner's Identification Card
12    means (i) a Firearm Owner's Identification Card that has
13    not expired or (ii) an approval number issued in accordance
14    with subsection (a-10) of subsection 3 or Section 3.1 of
15    the Firearm Owners Identification Card Act shall be proof
16    that the Firearm Owner's Identification Card was valid.
17            (1) In addition to the other requirements of this
18        paragraph (k), all persons who are not federally
19        licensed firearms dealers must also have complied with
20        subsection (a-10) of Section 3 of the Firearm Owners
21        Identification Card Act by determining the validity of
22        a purchaser's Firearm Owner's Identification Card.
23            (2) All sellers or transferors who have complied
24        with the requirements of subparagraph (1) of this
25        paragraph (k) shall not be liable for damages in any
26        civil action arising from the use or misuse by the

 

 

HB4561- 73 -LRB101 16720 RLC 66109 b

1        transferee of the firearm transferred, except for
2        willful or wanton misconduct on the part of the seller
3        or transferor.
4        (l) Not being entitled to the possession of a firearm,
5    delivers the firearm, knowing it to have been stolen or
6    converted. It may be inferred that a person who possesses a
7    firearm with knowledge that its serial number has been
8    removed or altered has knowledge that the firearm is stolen
9    or converted.
10    (B) Paragraph (h) of subsection (A) does not include
11firearms sold within 6 months after enactment of Public Act
1278-355 (approved August 21, 1973, effective October 1, 1973),
13nor is any firearm legally owned or possessed by any citizen or
14purchased by any citizen within 6 months after the enactment of
15Public Act 78-355 subject to confiscation or seizure under the
16provisions of that Public Act. Nothing in Public Act 78-355
17shall be construed to prohibit the gift or trade of any firearm
18if that firearm was legally held or acquired within 6 months
19after the enactment of that Public Act.
20    (C) Sentence.
21        (1) Any person convicted of unlawful sale or delivery
22    of firearms in violation of paragraph (c), (e), (f), (g),
23    or (h) of subsection (A) commits a Class 4 felony.
24        (2) Any person convicted of unlawful sale or delivery
25    of firearms in violation of paragraph (b) or (i) of
26    subsection (A) commits a Class 3 felony.

 

 

HB4561- 74 -LRB101 16720 RLC 66109 b

1        (3) Any person convicted of unlawful sale or delivery
2    of firearms in violation of paragraph (a) of subsection (A)
3    commits a Class 2 felony.
4        (4) Any person convicted of unlawful sale or delivery
5    of firearms in violation of paragraph (a), (b), or (i) of
6    subsection (A) in any school, on the real property
7    comprising a school, within 1,000 feet of the real property
8    comprising a school, at a school related activity, or on or
9    within 1,000 feet of any conveyance owned, leased, or
10    contracted by a school or school district to transport
11    students to or from school or a school related activity,
12    regardless of the time of day or time of year at which the
13    offense was committed, commits a Class 1 felony. Any person
14    convicted of a second or subsequent violation of unlawful
15    sale or delivery of firearms in violation of paragraph (a),
16    (b), or (i) of subsection (A) in any school, on the real
17    property comprising a school, within 1,000 feet of the real
18    property comprising a school, at a school related activity,
19    or on or within 1,000 feet of any conveyance owned, leased,
20    or contracted by a school or school district to transport
21    students to or from school or a school related activity,
22    regardless of the time of day or time of year at which the
23    offense was committed, commits a Class 1 felony for which
24    the sentence shall be a term of imprisonment of no less
25    than 5 years and no more than 15 years.
26        (5) Any person convicted of unlawful sale or delivery

 

 

HB4561- 75 -LRB101 16720 RLC 66109 b

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, on
9    the real property comprising any public park, on the real
10    property comprising any courthouse, or on any public way
11    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 (A)
18    commits a Class A misdemeanor. A second or subsequent
19    violation is a Class 4 felony.
20        (7) Any person convicted of unlawful sale or delivery
21    of firearms in violation of paragraph (k) of subsection (A)
22    commits a Class 4 felony, except that a violation of
23    subparagraph (1) of paragraph (k) of subsection (A) shall
24    not be punishable as a crime or petty offense. A third or
25    subsequent conviction for a violation of paragraph (k) of
26    subsection (A) is a Class 1 felony.

 

 

HB4561- 76 -LRB101 16720 RLC 66109 b

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, not
7    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 (A)
12    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 (A)
15    commits a Class 2 felony if the delivery is of one firearm.
16    Any person convicted of unlawful sale or delivery of
17    firearms in violation of paragraph (l) of subsection (A)
18    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

 

 

HB4561- 77 -LRB101 16720 RLC 66109 b

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 3
7    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
22school, community college, college, or university.
23    "School related activity" means any sporting, social,
24academic, or other activity for which students' attendance or
25participation is sponsored, organized, or funded in whole or in
26part by a school or school district.

 

 

HB4561- 78 -LRB101 16720 RLC 66109 b

1    (E) A prosecution for a violation of paragraph (k) of
2subsection (A) of this Section may be commenced within 6 years
3after the commission of the offense. A prosecution for a
4violation of this Section other than paragraph (g) of
5subsection (A) of this Section may be commenced within 5 years
6after the commission of the offense defined in the particular
7paragraph.
8(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
999-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
 
10    Section 50. The Unified Code of Corrections is amended by
11changing Section 5-6-1 as follows:
 
12    (730 ILCS 5/5-6-1)  (from Ch. 38, par. 1005-6-1)
13    Sec. 5-6-1. Sentences of probation and of conditional
14discharge and disposition of supervision. The General Assembly
15finds that in order to protect the public, the criminal justice
16system must compel compliance with the conditions of probation
17by responding to violations with swift, certain and fair
18punishments and intermediate sanctions. The Chief Judge of each
19circuit shall adopt a system of structured, intermediate
20sanctions for violations of the terms and conditions of a
21sentence of probation, conditional discharge or disposition of
22supervision.
23    (a) Except where specifically prohibited by other
24provisions of this Code, the court shall impose a sentence of

 

 

HB4561- 79 -LRB101 16720 RLC 66109 b

1probation or conditional discharge upon an offender unless,
2having regard to the nature and circumstance of the offense,
3and to the history, character and condition of the offender,
4the court is of the opinion that:
5        (1) his imprisonment or periodic imprisonment is
6    necessary for the protection of the public; or
7        (2) probation or conditional discharge would deprecate
8    the seriousness of the offender's conduct and would be
9    inconsistent with the ends of justice; or
10        (3) a combination of imprisonment with concurrent or
11    consecutive probation when an offender has been admitted
12    into a drug court program under Section 20 of the Drug
13    Court Treatment Act is necessary for the protection of the
14    public and for the rehabilitation of the offender.
15    The court shall impose as a condition of a sentence of
16probation, conditional discharge, or supervision, that the
17probation agency may invoke any sanction from the list of
18intermediate sanctions adopted by the chief judge of the
19circuit court for violations of the terms and conditions of the
20sentence of probation, conditional discharge, or supervision,
21subject to the provisions of Section 5-6-4 of this Act.
22    (b) The court may impose a sentence of conditional
23discharge for an offense if the court is of the opinion that
24neither a sentence of imprisonment nor of periodic imprisonment
25nor of probation supervision is appropriate.
26    (b-1) Subsections (a) and (b) of this Section do not apply

 

 

HB4561- 80 -LRB101 16720 RLC 66109 b

1to a defendant charged with a misdemeanor or felony under the
2Illinois Vehicle Code or reckless homicide under Section 9-3 of
3the Criminal Code of 1961 or the Criminal Code of 2012 if the
4defendant within the past 12 months has been convicted of or
5pleaded guilty to a misdemeanor or felony under the Illinois
6Vehicle Code or reckless homicide under Section 9-3 of the
7Criminal Code of 1961 or the Criminal Code of 2012.
8    (c) The court may, upon a plea of guilty or a stipulation
9by the defendant of the facts supporting the charge or a
10finding of guilt, defer further proceedings and the imposition
11of a sentence, and enter an order for supervision of the
12defendant, if the defendant is not charged with: (i) a Class A
13misdemeanor, as defined by the following provisions of the
14Criminal Code of 1961 or the Criminal Code of 2012: Sections
1511-9.1; 12-3.2; 11-1.50 or 12-15; 26-5 or 48-1; 31-1; 31-6;
1631-7; paragraphs (2) and (3) of subsection (a) of Section 21-1;
17paragraph (1) through (5), (8), (10), and (11) of subsection
18(a) of Section 24-1; (ii) a Class A misdemeanor violation of
19Section 3.01, 3.03-1, or 4.01 of the Humane Care for Animals
20Act; or (iii) a felony. If the defendant is not barred from
21receiving an order for supervision as provided in this
22subsection, the court may enter an order for supervision after
23considering the circumstances of the offense, and the history,
24character and condition of the offender, if the court is of the
25opinion that:
26        (1) the offender is not likely to commit further

 

 

HB4561- 81 -LRB101 16720 RLC 66109 b

1    crimes;
2        (2) the defendant and the public would be best served
3    if the defendant were not to receive a criminal record; and
4        (3) in the best interests of justice an order of
5    supervision is more appropriate than a sentence otherwise
6    permitted under this Code.
7    (c-5) Subsections (a), (b), and (c) of this Section do not
8apply to a defendant charged with a second or subsequent
9violation of Section 6-303 of the Illinois Vehicle Code
10committed while his or her driver's license, permit or
11privileges were revoked because of a violation of Section 9-3
12of the Criminal Code of 1961 or the Criminal Code of 2012,
13relating to the offense of reckless homicide, or a similar
14provision of a law of another state.
15    (d) The provisions of paragraph (c) shall not apply to a
16defendant charged with violating Section 11-501 of the Illinois
17Vehicle Code or a similar provision of a local ordinance when
18the defendant has previously been:
19        (1) convicted for a violation of Section 11-501 of the
20    Illinois Vehicle Code or a similar provision of a local
21    ordinance or any similar law or ordinance of another state;
22    or
23        (2) assigned supervision for a violation of Section
24    11-501 of the Illinois Vehicle Code or a similar provision
25    of a local ordinance or any similar law or ordinance of
26    another state; or

 

 

HB4561- 82 -LRB101 16720 RLC 66109 b

1        (3) pleaded guilty to or stipulated to the facts
2    supporting a charge or a finding of guilty to a violation
3    of Section 11-503 of the Illinois Vehicle Code or a similar
4    provision of a local ordinance or any similar law or
5    ordinance of another state, and the plea or stipulation was
6    the result of a plea agreement.
7    The court shall consider the statement of the prosecuting
8authority with regard to the standards set forth in this
9Section.
10    (e) The provisions of paragraph (c) shall not apply to a
11defendant charged with violating Section 16-25 or 16A-3 of the
12Criminal Code of 1961 or the Criminal Code of 2012 if said
13defendant has within the last 5 years been:
14        (1) convicted for a violation of Section 16-25 or 16A-3
15    of the Criminal Code of 1961 or the Criminal Code of 2012;
16    or
17        (2) assigned supervision for a violation of Section
18    16-25 or 16A-3 of the Criminal Code of 1961 or the Criminal
19    Code of 2012.
20    The court shall consider the statement of the prosecuting
21authority with regard to the standards set forth in this
22Section.
23    (f) The provisions of paragraph (c) shall not apply to a
24defendant charged with: (1) violating Sections 15-111, 15-112,
2515-301, paragraph (b) of Section 6-104, Section 11-605,
26paragraph (d-5) of Section 11-605.1, Section 11-1002.5, or

 

 

HB4561- 83 -LRB101 16720 RLC 66109 b

1Section 11-1414 of the Illinois Vehicle Code or a similar
2provision of a local ordinance; or (2) committing a Class A
3misdemeanor under subsection (c) of Section 11-907 of the
4Illinois Vehicle Code or a similar provision of a local
5ordinance.
6    (g) Except as otherwise provided in paragraph (i) of this
7Section, the provisions of paragraph (c) shall not apply to a
8defendant charged with violating Section 3-707, 3-708, 3-710,
9or 5-401.3 of the Illinois Vehicle Code or a similar provision
10of a local ordinance if the defendant has within the last 5
11years been:
12        (1) convicted for a violation of Section 3-707, 3-708,
13    3-710, or 5-401.3 of the Illinois Vehicle Code or a similar
14    provision of a local ordinance; or
15        (2) assigned supervision for a violation of Section
16    3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle
17    Code or a similar provision of a local ordinance.
18    The court shall consider the statement of the prosecuting
19authority with regard to the standards set forth in this
20Section.
21    (h) The provisions of paragraph (c) shall not apply to a
22defendant under the age of 21 years charged with violating a
23serious traffic offense as defined in Section 1-187.001 of the
24Illinois Vehicle Code:
25        (1) unless the defendant, upon payment of the fines,
26    penalties, and costs provided by law, agrees to attend and

 

 

HB4561- 84 -LRB101 16720 RLC 66109 b

1    successfully complete a traffic safety program approved by
2    the court under standards set by the Conference of Chief
3    Circuit Judges. The accused shall be responsible for
4    payment of any traffic safety program fees. If the accused
5    fails to file a certificate of successful completion on or
6    before the termination date of the supervision order, the
7    supervision shall be summarily revoked and conviction
8    entered. The provisions of Supreme Court Rule 402 relating
9    to pleas of guilty do not apply in cases when a defendant
10    enters a guilty plea under this provision; or
11        (2) if the defendant has previously been sentenced
12    under the provisions of paragraph (c) on or after January
13    1, 1998 for any serious traffic offense as defined in
14    Section 1-187.001 of the Illinois Vehicle Code.
15    (h-1) The provisions of paragraph (c) shall not apply to a
16defendant under the age of 21 years charged with an offense
17against traffic regulations governing the movement of vehicles
18or any violation of Section 6-107 or Section 12-603.1 of the
19Illinois Vehicle Code, unless the defendant, upon payment of
20the fines, penalties, and costs provided by law, agrees to
21attend and successfully complete a traffic safety program
22approved by the court under standards set by the Conference of
23Chief Circuit Judges. The accused shall be responsible for
24payment of any traffic safety program fees. If the accused
25fails to file a certificate of successful completion on or
26before the termination date of the supervision order, the

 

 

HB4561- 85 -LRB101 16720 RLC 66109 b

1supervision shall be summarily revoked and conviction entered.
2The provisions of Supreme Court Rule 402 relating to pleas of
3guilty do not apply in cases when a defendant enters a guilty
4plea under this provision.
5    (i) The provisions of paragraph (c) shall not apply to a
6defendant charged with violating Section 3-707 of the Illinois
7Vehicle Code or a similar provision of a local ordinance if the
8defendant has been assigned supervision for a violation of
9Section 3-707 of the Illinois Vehicle Code or a similar
10provision of a local ordinance.
11    (j) The provisions of paragraph (c) shall not apply to a
12defendant charged with violating Section 6-303 of the Illinois
13Vehicle Code or a similar provision of a local ordinance when
14the revocation or suspension was for a violation of Section
1511-501 or a similar provision of a local ordinance or a
16violation of Section 11-501.1 or paragraph (b) of Section
1711-401 of the Illinois Vehicle Code if the defendant has within
18the last 10 years been:
19        (1) convicted for a violation of Section 6-303 of the
20    Illinois Vehicle Code or a similar provision of a local
21    ordinance; or
22        (2) assigned supervision for a violation of Section
23    6-303 of the Illinois Vehicle Code or a similar provision
24    of a local ordinance.
25    (k) The provisions of paragraph (c) shall not apply to a
26defendant charged with violating any provision of the Illinois

 

 

HB4561- 86 -LRB101 16720 RLC 66109 b

1Vehicle Code or a similar provision of a local ordinance that
2governs the movement of vehicles if, within the 12 months
3preceding the date of the defendant's arrest, the defendant has
4been assigned court supervision on 2 occasions for a violation
5that governs the movement of vehicles under the Illinois
6Vehicle Code or a similar provision of a local ordinance. The
7provisions of this paragraph (k) do not apply to a defendant
8charged with violating Section 11-501 of the Illinois Vehicle
9Code or a similar provision of a local ordinance.
10    (l) (Blank).
11    (m) (Blank).
12    (n) The provisions of paragraph (c) shall not apply to any
13person under the age of 18 who commits an offense against
14traffic regulations governing the movement of vehicles or any
15violation of Section 6-107 or Section 12-603.1 of the Illinois
16Vehicle Code, except upon personal appearance of the defendant
17in court and upon the written consent of the defendant's parent
18or legal guardian, executed before the presiding judge. The
19presiding judge shall have the authority to waive this
20requirement upon the showing of good cause by the defendant.
21    (o) The provisions of paragraph (c) shall not apply to a
22defendant charged with violating Section 6-303 of the Illinois
23Vehicle Code or a similar provision of a local ordinance when
24the suspension was for a violation of Section 11-501.1 of the
25Illinois Vehicle Code and when:
26        (1) at the time of the violation of Section 11-501.1 of

 

 

HB4561- 87 -LRB101 16720 RLC 66109 b

1    the Illinois Vehicle Code, the defendant was a first
2    offender pursuant to Section 11-500 of the Illinois Vehicle
3    Code and the defendant failed to obtain a monitoring device
4    driving permit; or
5        (2) at the time of the violation of Section 11-501.1 of
6    the Illinois Vehicle Code, the defendant was a first
7    offender pursuant to Section 11-500 of the Illinois Vehicle
8    Code, had subsequently obtained a monitoring device
9    driving permit, but was driving a vehicle not equipped with
10    a breath alcohol ignition interlock device as defined in
11    Section 1-129.1 of the Illinois Vehicle Code.
12    (p) The provisions of paragraph (c) shall not apply to a
13defendant charged with violating Section 11-601.5 of the
14Illinois Vehicle Code or a similar provision of a local
15ordinance when the defendant has previously been:
16        (1) convicted for a violation of Section 11-601.5 of
17    the Illinois Vehicle Code or a similar provision of a local
18    ordinance or any similar law or ordinance of another state;
19    or
20        (2) assigned supervision for a violation of Section
21    11-601.5 of the Illinois Vehicle Code or a similar
22    provision of a local ordinance or any similar law or
23    ordinance of another state.
24    (q) The provisions of paragraph (c) shall not apply to a
25defendant charged with violating subsection (b) of Section
2611-601 or Section 11-601.5 of the Illinois Vehicle Code when

 

 

HB4561- 88 -LRB101 16720 RLC 66109 b

1the defendant was operating a vehicle, in an urban district, at
2a speed that is 26 miles per hour or more in excess of the
3applicable maximum speed limit established under Chapter 11 of
4the Illinois Vehicle Code.
5    (r) The provisions of paragraph (c) shall not apply to a
6defendant charged with violating any provision of the Illinois
7Vehicle Code or a similar provision of a local ordinance if the
8violation was the proximate cause of the death of another and
9the defendant's driving abstract contains a prior conviction or
10disposition of court supervision for any violation of the
11Illinois Vehicle Code, other than an equipment violation, or a
12suspension, revocation, or cancellation of the driver's
13license.
14    (s) (Blank). The provisions of paragraph (c) shall not
15apply to a defendant charged with violating subsection (i) of
16Section 70 of the Firearm Concealed Carry Act.
17(Source: P.A. 100-987, eff. 7-1-19; 101-173, eff. 1-1-20.)