093_SB0474
LRB093 08118 RLC 08322 b
1 AN ACT in relation to retired peace officers.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Police Training Act is amended
5 by adding Section 10.3 as follows:
6 (50 ILCS 705/10.3 new)
7 Sec. 10.3. Retired peace officers proficiency course.
8 The Board shall provide a proficiency course for retired
9 peace officers who seek an exemption from certain unlawful
10 use of weapons offenses as provided in paragraph (12.5) of
11 subsection (a) of Section 24-2 of the Criminal Code of 1961.
12 The Board shall keep records of those officers who have
13 qualified and shall issue an identification card to a retired
14 peace officer indicating successful completion of the course.
15 The Board is authorized to charge a fee for the course and
16 the identification card.
17 Section 10. The Criminal Code of 1961 is amended by
18 changing Section 24-2 as follows:
19 (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
20 Sec. 24-2. Exemptions.
21 (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10)
22 and Section 24-1.6 do not apply to or affect any of the
23 following:
24 (1) Peace officers, and any person summoned by a
25 peace officer to assist in making arrests or preserving
26 the peace, while actually engaged in assisting such
27 officer.
28 (2) Wardens, superintendents and keepers of
29 prisons, penitentiaries, jails and other institutions for
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1 the detention of persons accused or convicted of an
2 offense, while in the performance of their official duty,
3 or while commuting between their homes and places of
4 employment.
5 (3) Members of the Armed Services or Reserve Forces
6 of the United States or the Illinois National Guard or
7 the Reserve Officers Training Corps, while in the
8 performance of their official duty.
9 (4) Special agents employed by a railroad or a
10 public utility to perform police functions, and guards of
11 armored car companies, while actually engaged in the
12 performance of the duties of their employment or
13 commuting between their homes and places of employment;
14 and watchmen while actually engaged in the performance of
15 the duties of their employment.
16 (5) Persons licensed as private security
17 contractors, private detectives, or private alarm
18 contractors, or employed by an agency certified by the
19 Department of Professional Regulation, if their duties
20 include the carrying of a weapon under the provisions of
21 the Private Detective, Private Alarm, and Private
22 Security Act of 1983, while actually engaged in the
23 performance of the duties of their employment or
24 commuting between their homes and places of employment,
25 provided that such commuting is accomplished within one
26 hour from departure from home or place of employment, as
27 the case may be. Persons exempted under this subdivision
28 (a)(5) shall be required to have completed a course of
29 study in firearms handling and training approved and
30 supervised by the Department of Professional Regulation
31 as prescribed by Section 28 of the Private Detective,
32 Private Alarm, and Private Security Act of 1983, prior to
33 becoming eligible for this exemption. The Department of
34 Professional Regulation shall provide suitable
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1 documentation demonstrating the successful completion of
2 the prescribed firearms training. Such documentation
3 shall be carried at all times when such persons are in
4 possession of a concealable weapon.
5 (6) Any person regularly employed in a commercial
6 or industrial operation as a security guard for the
7 protection of persons employed and private property
8 related to such commercial or industrial operation, while
9 actually engaged in the performance of his or her duty or
10 traveling between sites or properties belonging to the
11 employer, and who, as a security guard, is a member of a
12 security force of at least 5 persons registered with the
13 Department of Professional Regulation; provided that such
14 security guard has successfully completed a course of
15 study, approved by and supervised by the Department of
16 Professional Regulation, consisting of not less than 40
17 hours of training that includes the theory of law
18 enforcement, liability for acts, and the handling of
19 weapons. A person shall be considered eligible for this
20 exemption if he or she has completed the required 20
21 hours of training for a security officer and 20 hours of
22 required firearm training, and has been issued a firearm
23 authorization card by the Department of Professional
24 Regulation. Conditions for the renewal of firearm
25 authorization cards issued under the provisions of this
26 Section shall be the same as for those cards issued under
27 the provisions of the Private Detective, Private Alarm
28 and Private Security Act of 1983. Such firearm
29 authorization card shall be carried by the security guard
30 at all times when he or she is in possession of a
31 concealable weapon.
32 (7) Agents and investigators of the Illinois
33 Legislative Investigating Commission authorized by the
34 Commission to carry the weapons specified in subsections
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1 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
2 any investigation for the Commission.
3 (8) Persons employed by a financial institution for
4 the protection of other employees and property related to
5 such financial institution, while actually engaged in the
6 performance of their duties, commuting between their
7 homes and places of employment, or traveling between
8 sites or properties owned or operated by such financial
9 institution, provided that any person so employed has
10 successfully completed a course of study, approved by and
11 supervised by the Department of Professional Regulation,
12 consisting of not less than 40 hours of training which
13 includes theory of law enforcement, liability for acts,
14 and the handling of weapons. A person shall be considered
15 to be eligible for this exemption if he or she has
16 completed the required 20 hours of training for a
17 security officer and 20 hours of required firearm
18 training, and has been issued a firearm authorization
19 card by the Department of Professional Regulation.
20 Conditions for renewal of firearm authorization cards
21 issued under the provisions of this Section shall be the
22 same as for those issued under the provisions of the
23 Private Detective, Private Alarm and Private Security Act
24 of 1983. Such firearm authorization card shall be
25 carried by the person so trained at all times when such
26 person is in possession of a concealable weapon. For
27 purposes of this subsection, "financial institution"
28 means a bank, savings and loan association, credit union
29 or company providing armored car services.
30 (9) Any person employed by an armored car company
31 to drive an armored car, while actually engaged in the
32 performance of his duties.
33 (10) Persons who have been classified as peace
34 officers pursuant to the Peace Officer Fire Investigation
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1 Act.
2 (11) Investigators of the Office of the State's
3 Attorneys Appellate Prosecutor authorized by the board of
4 governors of the Office of the State's Attorneys
5 Appellate Prosecutor to carry weapons pursuant to Section
6 7.06 of the State's Attorneys Appellate Prosecutor's Act.
7 (12) Special investigators appointed by a State's
8 Attorney under Section 3-9005 of the Counties Code.
9 (12.5) Retired Illinois peace officers in good
10 standing. A person exempted under this paragraph shall
11 be required to pass an authorized proficiency test with
12 his or her weapon once a year. The proficiency test
13 shall include but not be limited to weapons handling and
14 a current qualification course of firearms use. The
15 Illinois Law Enforcement Training Standards Board as
16 provided in Section 10.3 of the Illinois Police Training
17 Act shall provide for the authorized proficiency course
18 and keep records of those officers who have qualified and
19 issue an identification card to a retired peace officer
20 indicating successful completion that the officer must
21 keep in his or her possession. The authorized proficiency
22 test shall be solely for the purpose of assuring that the
23 retired officer possesses adequate skill in the use and
24 handling of weapons. Neither the Illinois Law
25 Enforcement Training Standards Board, nor the retired
26 officer's former police agency, shall be liable for any
27 actions taken by the retired officer with a weapon. The
28 Illinois Law Enforcement Training Standards Board shall
29 not be liable for providing training or for failing to
30 train the retired officer. The Illinois Law Enforcement
31 Training Standards Board shall be authorized to charge a
32 fee to cover the expenses for testing and keeping of
33 records.
34 For the purpose of this paragraph the term "good
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1 standing" shall be defined as full-time service either
2 with one police department located in Illinois or
3 collectively with several police departments located in
4 Illinois, so long as the total full-time service equals
5 at least 20 years and the officer left the last police
6 department in good standing.
7 Prima facie evidence of entitlement shall be
8 possession of a picture identification card showing that
9 he or she is a retired Illinois peace officer, a valid
10 Firearm Owner's Identification Card, and the
11 identification card showing successful qualification with
12 the firearm within the last year. The identification
13 card shall be displayed to any Illinois law enforcement
14 officer upon request. Any retired officer that no longer
15 qualifies to possess an Illinois Firearm Owner's
16 Identification Card shall lose good standing status.
17 (13) Court Security Officers while in the
18 performance of their official duties, or while commuting
19 between their homes and places of employment, with the
20 consent of the Sheriff.
21 (13.5) A person employed as an armed security guard
22 at a nuclear energy, storage, weapons or development site
23 or facility regulated by the Nuclear Regulatory
24 Commission who has completed the background screening and
25 training mandated by the rules and regulations of the
26 Nuclear Regulatory Commission.
27 (14) Manufacture, transportation, or sale of
28 weapons to persons authorized under subdivisions (1)
29 through (13.5) of this subsection to possess those
30 weapons.
31 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
32 24-1.6 do not apply to or affect any of the following:
33 (1) Members of any club or organization organized
34 for the purpose of practicing shooting at targets upon
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1 established target ranges, whether public or private, and
2 patrons of such ranges, while such members or patrons are
3 using their firearms on those target ranges.
4 (2) Duly authorized military or civil organizations
5 while parading, with the special permission of the
6 Governor.
7 (3) Hunters, trappers or fishermen with a license
8 or permit while engaged in hunting, trapping or fishing.
9 (4) Transportation of weapons that are broken down
10 in a non-functioning state or are not immediately
11 accessible.
12 (c) Subsection 24-1(a)(7) does not apply to or affect
13 any of the following:
14 (1) Peace officers while in performance of their
15 official duties.
16 (2) Wardens, superintendents and keepers of
17 prisons, penitentiaries, jails and other institutions for
18 the detention of persons accused or convicted of an
19 offense.
20 (3) Members of the Armed Services or Reserve Forces
21 of the United States or the Illinois National Guard,
22 while in 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
27 or are not immediately accessible.
28 (5) Persons licensed under federal law to
29 manufacture any weapon from which 8 or more shots or
30 bullets can be discharged by a single function of the
31 firing device, or ammunition for such weapons, and
32 actually engaged in the business of manufacturing such
33 weapons or ammunition, but only with respect to
34 activities which are within the lawful scope of such
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1 business, such as the manufacture, transportation, or
2 testing of such weapons or ammunition. This exemption
3 does not authorize the general private possession of any
4 weapon from which 8 or more shots or bullets can be
5 discharged by a single function of the firing device, but
6 only such possession and activities as are within the
7 lawful scope of a licensed manufacturing business
8 described in this paragraph.
9 During transportation, such weapons shall be broken
10 down in a non-functioning state or not immediately
11 accessible.
12 (6) The manufacture, transport, testing, delivery,
13 transfer or sale, and all lawful commercial or
14 experimental activities necessary thereto, of rifles,
15 shotguns, and weapons made from rifles or shotguns, or
16 ammunition for such rifles, shotguns or weapons, where
17 engaged in by a person operating as a contractor or
18 subcontractor pursuant to a contract or subcontract for
19 the development and supply of such rifles, shotguns,
20 weapons or ammunition to the United States government or
21 any branch of the Armed Forces of the United States, when
22 such activities are necessary and incident to fulfilling
23 the terms of such contract.
24 The exemption granted under this subdivision (c)(6)
25 shall also apply to any authorized agent of any such
26 contractor or subcontractor who is operating within the
27 scope of his employment, where such activities involving
28 such weapon, weapons or ammunition are necessary and
29 incident to fulfilling the terms of such contract.
30 During transportation, any such weapon shall be
31 broken down in a non-functioning state, or not
32 immediately accessible.
33 (d) Subsection 24-1(a)(1) does not apply to the
34 purchase, possession or carrying of a black-jack or
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1 slung-shot by a peace officer.
2 (e) Subsection 24-1(a)(8) does not apply to any owner,
3 manager or authorized employee of any place specified in that
4 subsection nor to any law enforcement officer.
5 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
6 Section 24-1.6 do not apply to members of any club or
7 organization organized for the purpose of practicing shooting
8 at targets upon established target ranges, whether public or
9 private, while using their firearms on those target ranges.
10 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not
11 apply to:
12 (1) Members of the Armed Services or Reserve Forces
13 of the United States or the Illinois National Guard,
14 while in the performance of their official duty.
15 (2) Bonafide collectors of antique or surplus
16 military ordinance.
17 (3) Laboratories having a department of forensic
18 ballistics, or specializing in the development of
19 ammunition or explosive ordinance.
20 (4) Commerce, preparation, assembly or possession
21 of explosive bullets by manufacturers of ammunition
22 licensed by the federal government, in connection with
23 the supply of those organizations and persons exempted by
24 subdivision (g)(1) of this Section, or like organizations
25 and persons outside this State, or the transportation of
26 explosive bullets to any organization or person exempted
27 in this Section by a common carrier or by a vehicle owned
28 or leased by an exempted manufacturer.
29 (h) An information or indictment based upon a violation
30 of any subsection of this Article need not negative any
31 exemptions contained in this Article. The defendant shall
32 have the burden of proving such an exemption.
33 (i) Nothing in this Article shall prohibit, apply to, or
34 affect the transportation, carrying, or possession, of any
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1 pistol or revolver, stun gun, taser, or other firearm
2 consigned to a common carrier operating under license of the
3 State of Illinois or the federal government, where such
4 transportation, carrying, or possession is incident to the
5 lawful transportation in which such common carrier is
6 engaged; and nothing in this Article shall prohibit, apply
7 to, or affect the transportation, carrying, or possession of
8 any pistol, revolver, stun gun, taser, or other firearm, not
9 the subject of and regulated by subsection 24-1(a)(7) or
10 subsection 24-2(c) of this Article, which is unloaded and
11 enclosed in a case, firearm carrying box, shipping box, or
12 other container, by the possessor of a valid Firearm Owners
13 Identification Card.
14 (Source: P.A. 91-287, eff. 1-1-00; 91-690, eff. 4-13-00;
15 92-325, eff. 8-9-01.)