HB3238 103RD GENERAL ASSEMBLY

LRB103 25612 RLC 51961 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3238

Introduced 2/17/2023, by Rep. Maura Hirschauer

SYNOPSIS AS INTRODUCED:

720 ILCS 5/Art. 33H heading new
720 ILCS 5/33H-5 new

Amends the Criminal Code of 2012. Provides that, with certain exceptions, it is unlawful for any person within the State to knowingly manufacture, deliver, sell, import, or purchase or cause to be manufactured, delivered, sold, imported, or purchased by another, an armor plate, body armor, or military helmet. Provides that, with certain exceptions, beginning January 1, 2024, it is unlawful for any person within this State to knowingly possess an armor plate, body armor, or military helmet. Provides that this provision does not apply to a person's possession of an armor plate, body armor, or military helmet if the person lawfully possessed that armor plate, body armor, or military helmet prohibited by this provision, if the person has provided in an endorsement affidavit, within 6 months after the effective date of the amendatory Act, under oath or affirmation and in the form and manner prescribed by the Illinois State Police: (1) an affirmation that the affiant: (i) possessed an armor plate, body armor, or military helmet before the effective date of the amendatory Act; or (ii) inherited the armor plate, body armor, or military helmet from a person with an endorsement or from a person authorized to possess the armor plate, body armor, or military helmet possessed by the affiant prior to the effective date of the amendatory Act. Provides exemptions. Provides that a violation of these provisions is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.

A BILL FOR

AN ACT concerning criminal law.

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

Section 5. The Criminal Code of 2012 is amended by adding Article 33H as follows:

(720 ILCS 5/Art. 33H heading new)

ARTICLE 33H.

(720 ILCS 5/33H-5 new)

Sec. 33H-5. Armor plates, body armor, and military helmets prohibited; exceptions.

(a) In this Section:

"Armor plate" means a protective armored plate inserted into a carrier or bulletproof vest, that can be used stand-alone, or in conjunction with other armor.

"Body armor" has the meaning ascribed to it in Section 33F-1.

"Military helmet" means a piece of personal armor designed specifically to protect the head during combat.

(b) Except as provided in subsections (c), (d), and (e), on or after the effective date of this amendatory Act of the 103rd General Assembly, it is unlawful for any person within this State to knowingly manufacture, deliver, sell, import, or purchase or cause to be manufactured, delivered, sold, imported, or purchased by another, an armor plate, body armor, or military helmet.

(c) Except as otherwise provided in subsection (d), beginning January 1, 2024, it is unlawful for any person within this State to knowingly possess an armor plate, body armor, or military helmet.

(d) This Section does not apply to a person's possession of an armor plate, body armor, or military helmet if the person lawfully possessed that armor plate, body armor, or military helmet prohibited by subsection (c), if the person has provided in an endorsement affidavit, within 6 months after the effective date of this amendatory Act of the 103rd General Assembly, under oath or affirmation and in the form and manner prescribed by the Illinois State Police:

(1) an affirmation that the affiant:

(A) possessed an armor plate, body armor, or military helmet before the effective date of this amendatory Act of the 103rd General Assembly; or

(B) inherited the armor plate, body armor, or military helmet from a person with an endorsement under this Section or from a person authorized under subdivisions (1) through (5) of subsection (e) to possess the armor plate, body armor, or military helmet possessed by the affiant prior to the effective date of this amendatory Act of the 103rd General Assembly.

(2) The affidavit form shall include the following statement printed in bold type: "Warning: Entering false information on this form is punishable as perjury under Section 32-2 of the Criminal Code of 2012." In any administrative, civil, or criminal proceeding in this State, a completed endorsement affidavit submitted to the Illinois State Police by a person under this Section creates a rebuttable presumption that the person is entitled to possess and transport the armor plate, body armor, or military helmet. Beginning 90 days after the effective date of this amendatory Act of the 103rd General Assembly, a person authorized under this Section to possess an armor plate, body armor, or military helmet shall possess such items only:

(A) on private property owned or immediately controlled by the person; or

(B) on private property that is not open to the public with the express permission of the person who owns or immediately controls such property.

Beginning on January 1, 2024, the person with the endorsement for an armor plate, body armor, or military helmet may transfer the armor plate, body armor, or military helmet only to an heir or an individual residing in another state maintaining it in another state. Within 10 days after transfer of the armor plate, body armor, or military helmet except to an heir, the person shall notify the Illinois State Police of the name and address of the transferee. The person to whom the armor plate, body armor, or military helmet is transferred shall, within 60 days of the transfer, complete an affidavit required under this Section. Except as provided in subsection (e), a person to whom the armor plate, body armor, or military helmet is transferred may transfer it only as provided in this subsection.

Notwithstanding any other law, information contained in the endorsement affidavit shall be confidential, is exempt from disclosure under the Freedom of Information Act, and shall not be disclosed, except to law enforcement agencies acting in the performance of their duties.

(e) The provisions of this Section regarding the purchase or possession of armor plate, body armor, or military helmet, and the provisions of this Section that prohibit causing those items to be purchased or possessed, do not apply to:

(1) Peace officers, as defined in Section 2-13 of this Code.

(2) Qualified law enforcement officers and qualified retired law enforcement officers as defined in the Law Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B and 926C) and as recognized under Illinois law.

(3) Acquisition and possession by a federal, State, or local law enforcement agency for the purpose of equipping the agency's peace officers as defined in paragraph (1) or (2) of this subsection (e).

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

(5) Members of the Armed Services or Reserve Forces of the United States or the Illinois National Guard, while performing their official duties or while traveling to or from their places of duty.

(6) Any company that employs armed security officers in this State at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission and any person employed as an armed security force member at a nuclear energy, storage, weapons, or development site or facility regulated by the federal Nuclear Regulatory Commission who has completed the background screening and training mandated by the rules and regulations of the federal Nuclear Regulatory Commission and while performing official duties.

(7) Any private security contractor agency licensed under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 that employs private security contractors and any private security contractor who is licensed and has been issued a firearm control card under the Private Detective, Private Alarm, Private Security, Fingerprint Vendor, and Locksmith Act of 2004 while performing official duties. The provisions of this Section do not apply to the manufacture, delivery, sale, import, purchase, or possession of an armor plate, body armor, or military helmet or causing the manufacture, delivery, sale, importation, purchase, or possession of those items:

(A) for sale or transfer to persons authorized under subdivisions (1) through (7) of this subsection (e) to possess those items;

(B) for sale or transfer to the United States or any department or agency thereof; or

(C) for sale or transfer in another state or for export.

(f) This Section does not apply to or affect any of the following:

(1) Any nonresident who transports, within 24 hours, an armor plate, body armor, or military helmet for any lawful purpose from any place where the nonresident may lawfully possess and carry that armor plate, body armor, or military helmet to any other place where the nonresident may lawfully possess and carry that armor plate, body armor, or military helmet if, during the transportation, the armor plate, body armor, or military helmet being transported is not readily accessible.

(2) The manufacture, transportation, possession, sale, or rental of armor plates, body armor, or military helmets to persons authorized or permitted, or both authorized and permitted, to acquire and possess these armor plates, body armor, or military helmets for the purpose of rental for use solely as props for a motion picture, television, or video production or entertainment event. Any person not subject to this Section may submit an endorsement affidavit if the person chooses.

(g) The Department of the State Police shall also develop and implement a public notice and public outreach campaign to promote awareness about the provisions of this amendatory Act of the 103rd General Assembly and to increase compliance with this Section.

(h) Sentence. A violation of this Section is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense.