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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 1961 is amended by changing | ||||||
5 | Section 24-2 as follows:
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6 | (720 ILCS 5/24-2) (from Ch. 38, par. 24-2)
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7 | Sec. 24-2. Exemptions.
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8 | (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and | ||||||
9 | Section
24-1.6 do not apply to
or affect any of the following:
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10 | (1) Peace officers, and any person summoned by a peace | ||||||
11 | officer to
assist in making arrests or preserving the | ||||||
12 | peace, while actually engaged in
assisting such officer.
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13 | (2) Wardens, superintendents and keepers of prisons,
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14 | penitentiaries, jails and other institutions for the | ||||||
15 | detention of persons
accused or convicted of an offense, | ||||||
16 | while in the performance of their
official duty, or while | ||||||
17 | commuting between their homes and places of employment.
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18 | (3) Members of the Armed Services or Reserve Forces of | ||||||
19 | the United States
or the Illinois National Guard or the | ||||||
20 | Reserve Officers Training Corps,
while in the performance | ||||||
21 | of their official duty.
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22 | (4) Special agents employed by a railroad or a public | ||||||
23 | utility to
perform police functions, and guards of armored |
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1 | car companies, while
actually engaged in the performance of | ||||||
2 | the duties of their employment or
commuting between their | ||||||
3 | homes and places of employment; and watchmen
while actually | ||||||
4 | engaged in the performance of the duties of their | ||||||
5 | employment.
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6 | (5) Persons licensed as private security contractors, | ||||||
7 | private
detectives, or private alarm contractors, or | ||||||
8 | employed by an agency
certified by the Department of | ||||||
9 | Professional Regulation, if their duties
include the | ||||||
10 | carrying of a weapon under the provisions of the Private
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11 | Detective, Private Alarm,
Private Security, and Locksmith | ||||||
12 | Act of 2004,
while actually
engaged in the performance of | ||||||
13 | the duties of their employment or commuting
between their | ||||||
14 | homes and places of employment, provided that such | ||||||
15 | commuting
is accomplished within one hour from departure | ||||||
16 | from home or place of
employment, as the case may be. | ||||||
17 | Persons exempted under this subdivision
(a)(5) shall be | ||||||
18 | required to have completed a course of
study in firearms | ||||||
19 | handling and training approved and supervised by the
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20 | Department of Professional Regulation as prescribed by | ||||||
21 | Section 28 of the
Private Detective, Private Alarm,
Private | ||||||
22 | Security, and Locksmith Act of 2004, prior
to becoming | ||||||
23 | eligible for this exemption. The Department of | ||||||
24 | Professional
Regulation shall provide suitable | ||||||
25 | documentation demonstrating the
successful completion of | ||||||
26 | the prescribed firearms training. Such
documentation shall |
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1 | be carried at all times when such persons are in
possession | ||||||
2 | of a concealable weapon.
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3 | (6) Any person regularly employed in a commercial or | ||||||
4 | industrial
operation as a security guard for the protection | ||||||
5 | of persons employed
and private property related to such | ||||||
6 | commercial or industrial
operation, while actually engaged | ||||||
7 | in the performance of his or her
duty or traveling between | ||||||
8 | sites or properties belonging to the
employer, and who, as | ||||||
9 | a security guard, is a member of a security force of
at | ||||||
10 | least 5 persons registered with the Department of | ||||||
11 | Professional
Regulation; provided that such security guard | ||||||
12 | has successfully completed a
course of study, approved by | ||||||
13 | and supervised by the Department of
Professional | ||||||
14 | Regulation, consisting of not less than 40 hours of | ||||||
15 | training
that includes the theory of law enforcement, | ||||||
16 | liability for acts, and the
handling of weapons. A person | ||||||
17 | shall be considered eligible for this
exemption if he or | ||||||
18 | she has completed the required 20
hours of training for a | ||||||
19 | security officer and 20 hours of required firearm
training, | ||||||
20 | and has been issued a firearm authorization card by
the | ||||||
21 | Department of Professional Regulation. Conditions for the | ||||||
22 | renewal of
firearm authorization cards issued under the | ||||||
23 | provisions of this Section
shall be the same as for those | ||||||
24 | cards issued under the provisions of the
Private Detective, | ||||||
25 | Private Alarm,
Private Security, and Locksmith Act of 2004. | ||||||
26 | Such
firearm authorization card shall be carried by the |
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1 | security guard at all
times when he or she is in possession | ||||||
2 | of a concealable weapon.
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3 | (7) Agents and investigators of the Illinois | ||||||
4 | Legislative Investigating
Commission authorized by the | ||||||
5 | Commission to carry the weapons specified in
subsections | ||||||
6 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
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7 | any investigation for the Commission.
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8 | (8) Persons employed by a financial institution for the | ||||||
9 | protection of
other employees and property related to such | ||||||
10 | financial institution, while
actually engaged in the | ||||||
11 | performance of their duties, commuting between
their homes | ||||||
12 | and places of employment, or traveling between sites or
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13 | properties owned or operated by such financial | ||||||
14 | institution, provided that
any person so employed has | ||||||
15 | successfully completed a course of study,
approved by and | ||||||
16 | supervised by the Department of Professional Regulation,
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17 | consisting of not less than 40 hours of training which | ||||||
18 | includes theory of
law enforcement, liability for acts, and | ||||||
19 | the handling of weapons.
A person shall be considered to be | ||||||
20 | eligible for this exemption if he or
she has completed the | ||||||
21 | required 20 hours of training for a security officer
and 20 | ||||||
22 | hours of required firearm training, and has been issued a
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23 | firearm authorization card by the Department of | ||||||
24 | Professional Regulation.
Conditions for renewal of firearm | ||||||
25 | authorization cards issued under the
provisions of this | ||||||
26 | Section shall be the same as for those issued under the
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1 | provisions of the Private Detective, Private Alarm,
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2 | Private Security, and Locksmith Act of 2004.
Such firearm | ||||||
3 | authorization card shall be carried by the person so
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4 | trained at all times when such person is in possession of a | ||||||
5 | concealable
weapon. For purposes of this subsection, | ||||||
6 | "financial institution" means a
bank, savings and loan | ||||||
7 | association, credit union or company providing
armored car | ||||||
8 | services.
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9 | (9) Any person employed by an armored car company to | ||||||
10 | drive an armored
car, while actually engaged in the | ||||||
11 | performance of his duties.
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12 | (10) Persons who have been classified as peace officers | ||||||
13 | pursuant
to the Peace Officer Fire Investigation Act.
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14 | (11) Investigators of the Office of the State's | ||||||
15 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
16 | governors of the Office of the
State's Attorneys Appellate | ||||||
17 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
18 | State's Attorneys Appellate Prosecutor's Act.
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19 | (12) Special investigators appointed by a State's | ||||||
20 | Attorney under
Section 3-9005 of the Counties Code.
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21 | (12.5) Probation officers while in the performance of | ||||||
22 | their duties, or
while commuting between their homes, | ||||||
23 | places of employment or specific locations
that are part of | ||||||
24 | their assigned duties, with the consent of the chief judge | ||||||
25 | of
the circuit for which they are employed.
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26 | (13) Court Security Officers while in the performance |
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1 | of their official
duties, or while commuting between their | ||||||
2 | homes and places of employment, with
the
consent of the | ||||||
3 | Sheriff.
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4 | (13.5) A person employed as an armed security guard at | ||||||
5 | a nuclear energy,
storage, weapons or development site or | ||||||
6 | facility regulated by the Nuclear
Regulatory Commission | ||||||
7 | who has completed the background screening and training
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8 | mandated by the rules and regulations of the Nuclear | ||||||
9 | Regulatory Commission.
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10 | (14) Manufacture, transportation, or sale of weapons | ||||||
11 | to
persons
authorized under subdivisions (1) through | ||||||
12 | (13.5) of this
subsection
to
possess those weapons.
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13 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
14 | 24-1.6 do not
apply to or affect
any of the following:
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15 | (1) Members of any club or organization organized for | ||||||
16 | the purpose of
practicing shooting at targets upon | ||||||
17 | established target ranges, whether
public or private, and | ||||||
18 | patrons of such ranges, while such members
or patrons are | ||||||
19 | using their firearms on those target ranges.
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20 | (2) Duly authorized military or civil organizations | ||||||
21 | while parading,
with the special permission of the | ||||||
22 | Governor.
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23 | (3) Hunters, trappers or fishermen with a license or
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24 | permit while engaged in hunting,
trapping or fishing.
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25 | (4) Transportation of weapons that are broken down in a
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26 | non-functioning state or are not immediately accessible.
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1 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
2 | of the
following:
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3 | (1) Peace officers while in performance of their | ||||||
4 | official duties.
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5 | (2) Wardens, superintendents and keepers of prisons, | ||||||
6 | penitentiaries,
jails and other institutions for the | ||||||
7 | detention of persons accused or
convicted of an offense.
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8 | (3) 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.
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11 | (4) Manufacture, transportation, or sale of machine | ||||||
12 | guns to persons
authorized under subdivisions (1) through | ||||||
13 | (3) of this subsection to
possess machine guns, if the | ||||||
14 | machine guns are broken down in a
non-functioning state or | ||||||
15 | are not immediately accessible.
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16 | (5) Persons licensed under federal law to manufacture | ||||||
17 | any weapon from
which 8 or more shots or bullets can be | ||||||
18 | discharged by a
single function of the firing device, or | ||||||
19 | ammunition for such weapons, and
actually engaged in the | ||||||
20 | business of manufacturing such weapons or
ammunition, but | ||||||
21 | only with respect to activities which are within the lawful
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22 | scope of such business, such as the manufacture, | ||||||
23 | transportation, or testing
of such weapons or ammunition. | ||||||
24 | This exemption does not authorize the
general private | ||||||
25 | possession of any weapon from which 8 or more
shots or | ||||||
26 | bullets can be discharged by a single function of the |
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1 | firing
device, but only such possession and activities as | ||||||
2 | are within the lawful
scope of a licensed manufacturing | ||||||
3 | business described in this paragraph.
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4 | During transportation, such weapons shall be broken | ||||||
5 | down in a
non-functioning state or not immediately | ||||||
6 | accessible.
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7 | (6) The manufacture, transport, testing, delivery, | ||||||
8 | transfer or sale,
and all lawful commercial or experimental | ||||||
9 | activities necessary thereto, of
rifles, shotguns, and | ||||||
10 | weapons made from rifles or shotguns,
or ammunition for | ||||||
11 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
12 | person operating as a contractor or subcontractor pursuant | ||||||
13 | to a
contract or subcontract for the development and supply | ||||||
14 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
15 | United States government or any
branch of the Armed Forces | ||||||
16 | of the United States, when such activities are
necessary | ||||||
17 | and incident to fulfilling the terms of such contract.
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18 | The exemption granted under this subdivision (c)(6)
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19 | shall also apply to any authorized agent of any such | ||||||
20 | contractor or
subcontractor who is operating within the | ||||||
21 | scope of his employment, where
such activities involving | ||||||
22 | such weapon, weapons or ammunition are necessary
and | ||||||
23 | incident to fulfilling the terms of such contract.
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24 | During transportation, any such weapon shall be broken | ||||||
25 | down in a
non-functioning state, or not immediately | ||||||
26 | accessible.
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1 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
2 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
3 | officer.
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4 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
5 | manager or
authorized employee of any place specified in that | ||||||
6 | subsection nor to any
law enforcement officer.
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7 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
8 | Section 24-1.6
do not apply
to members of any club or | ||||||
9 | organization organized for the purpose of practicing
shooting | ||||||
10 | at targets upon established target ranges, whether public or | ||||||
11 | private,
while using their firearms on those target ranges.
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12 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
13 | to:
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14 | (1) Members of the Armed Services or Reserve Forces of | ||||||
15 | the United
States or the Illinois National Guard, while in | ||||||
16 | the performance of their
official duty.
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17 | (2) Bonafide collectors of antique or surplus military | ||||||
18 | ordinance.
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19 | (3) Laboratories having a department of forensic | ||||||
20 | ballistics, or
specializing in the development of | ||||||
21 | ammunition or explosive ordinance.
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22 | (4) Commerce, preparation, assembly or possession of | ||||||
23 | explosive
bullets by manufacturers of ammunition licensed | ||||||
24 | by the federal government,
in connection with the supply of | ||||||
25 | those organizations and persons exempted
by subdivision | ||||||
26 | (g)(1) of this Section, or like organizations and persons
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1 | outside this State, or the transportation of explosive | ||||||
2 | bullets to any
organization or person exempted in this | ||||||
3 | Section by a common carrier or by a
vehicle owned or leased | ||||||
4 | by an exempted manufacturer.
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5 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
6 | persons licensed
under federal law to manufacture any device or | ||||||
7 | attachment of any kind designed,
used, or intended for use in | ||||||
8 | silencing the report of any firearm, firearms, or
ammunition
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9 | for those firearms equipped with those devices, and actually | ||||||
10 | engaged in the
business of manufacturing those devices, | ||||||
11 | firearms, or ammunition, but only with
respect to
activities | ||||||
12 | that are within the lawful scope of that business, such as the
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13 | manufacture, transportation, or testing of those devices, | ||||||
14 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
15 | general private possession of any device or
attachment of any | ||||||
16 | kind designed, used, or intended for use in silencing the
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17 | report of any firearm, but only such possession and activities | ||||||
18 | as are within
the
lawful scope of a licensed manufacturing | ||||||
19 | business described in this subsection
(g-5). During | ||||||
20 | transportation, those devices shall be detached from any weapon
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21 | or
not immediately accessible.
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22 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
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23 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
24 | supervisor who meets the qualifications and conditions | ||||||
25 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
26 | Corrections.
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1 | (h) An information or indictment based upon a violation of | ||||||
2 | any
subsection of this Article need not negative any exemptions | ||||||
3 | contained in
this Article. The defendant shall have the burden | ||||||
4 | of proving such an
exemption.
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5 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
6 | affect
the transportation, carrying, or possession, of any | ||||||
7 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
8 | to a common carrier operating
under license of the State of | ||||||
9 | Illinois or the federal government, where
such transportation, | ||||||
10 | carrying, or possession is incident to the lawful
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11 | transportation in which such common carrier is engaged; and | ||||||
12 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
13 | transportation, carrying,
or possession of any pistol, | ||||||
14 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
15 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of | ||||||
16 | this Article, which is unloaded and enclosed in a case, firearm
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17 | carrying box, shipping box, or other container, by the | ||||||
18 | possessor of a valid
Firearm Owners Identification Card.
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19 | (Source: P.A. 92-325, eff. 8-9-01; 93-438, eff. 8-5-03; 93-439, | ||||||
20 | eff. 8-5-03;
93-576, eff. 1-1-04; revised
9-15-03.)
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21 | Section 10. The Unified Code of Corrections is amended by | ||||||
22 | adding Section 3-14-1.5 as follows: | ||||||
23 | (730 ILCS 5/3-14-1.5 new)
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24 | Sec. 3-14-1.5. Parole agents and parole supervisors; |
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1 | off-duty firearms. Subsections 24-1(a)(4) and 24-1(a)(10) and | ||||||
2 | Section 24-1.6 do not apply to parole agents and parole | ||||||
3 | supervisors who meet the following conditions: | ||||||
4 | (1) The parole agent or parole supervisor must receive | ||||||
5 | training in the use of firearms while off-duty conducted by the | ||||||
6 | Illinois Law Enforcement Training Standards Board and be | ||||||
7 | certified as having successfully completing such training by | ||||||
8 | the Board. The Board shall determine the amount of such | ||||||
9 | training and the course content for such training. The parole | ||||||
10 | agent or parole supervisor shall requalify for the firearm's | ||||||
11 | training quarterly at only State ranges certified by the | ||||||
12 | Illinois Law Enforcement Training Standards Board. The | ||||||
13 | expenses of such retraining shall be paid by the parole agent | ||||||
14 | or parole supervisor and moneys for such requalification shall | ||||||
15 | be deployed at the request of the Illinois Law Enforcement | ||||||
16 | Training Standards Board.
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17 | (2) The parole agent or parole supervisor shall purchase | ||||||
18 | such firearm at his or her own expense and shall register the | ||||||
19 | firearm with the Illinois Department of State Police and with | ||||||
20 | any other local law enforcement agencies that require such | ||||||
21 | registration. | ||||||
22 | (3) The parole agent or parole supervisor may not carry any | ||||||
23 | Illinois Department of Corrections State issued firearm while | ||||||
24 | off-duty. A person who violates this paragraph (3) is subject | ||||||
25 | to disciplinary action by the Illinois Department of | ||||||
26 | Corrections.
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1 | (4) Parole agents and supervisors who are discharged from | ||||||
2 | employment of the Illinois Department of Corrections shall no | ||||||
3 | longer be considered law enforcement officials and all their | ||||||
4 | rights as law enforcement officials shall be revoked | ||||||
5 | permanently.
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