103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2605

 

Introduced 2/15/2023, by Rep. Adam M. Niemerg

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately.


LRB103 26047 RLC 52402 b

 

 

A BILL FOR

 

HB2605LRB103 26047 RLC 52402 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 3. 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
16not require the holding of a closed meeting to discuss a
17subject included 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

 

 

HB2605- 2 -LRB103 26047 RLC 52402 b

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

 

 

HB2605- 3 -LRB103 26047 RLC 52402 b

1    provided that the body prepares and makes available for
2    public 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
6    purpose of discussing whether a particular parcel should
7    be 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,
11    or investment contracts. This exception shall not apply to
12    the investment of assets or income of funds deposited into
13    the Illinois Prepaid Tuition Trust Fund.
14        (8) Security procedures, school building safety and
15    security, and the use of personnel and equipment to
16    respond to an actual, a threatened, or a reasonably
17    potential danger to the safety of employees, students,
18    staff, the 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

 

 

HB2605- 4 -LRB103 26047 RLC 52402 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
13    body 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
17    housing practices and creating a commission or
18    administrative 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.

 

 

HB2605- 5 -LRB103 26047 RLC 52402 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
14    hospital, or other institution providing medical care,
15    that is 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

 

 

HB2605- 6 -LRB103 26047 RLC 52402 b

1    as 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

 

 

HB2605- 7 -LRB103 26047 RLC 52402 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) Meetings and deliberations for decisions of the
12    Concealed Carry Licensing Review Board under the Firearm
13    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
23    Act 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

 

 

HB2605- 8 -LRB103 26047 RLC 52402 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        (37) Deliberations for decisions of the Illinois Law
13    Enforcement Training Standards Board, the Certification
14    Review Panel, and the Illinois State Police Merit Board
15    regarding certification and decertification.
16        (38) Meetings of the Ad Hoc Statewide Domestic
17    Violence Fatality Review Committee of the Illinois
18    Criminal Justice Information Authority Board that occur in
19    closed executive session under subsection (d) of Section
20    35 of the Domestic Violence Fatality Review Act.
21        (39) Meetings of the regional review teams under
22    subsection (a) of Section 75 of the Domestic Violence
23    Fatality Review Act.
24        (40) Meetings of the Firearm Owner's Identification
25    Card Review Board under Section 10 of the Firearm Owners
26    Identification Card Act before the effective date of this

 

 

HB2605- 9 -LRB103 26047 RLC 52402 b

1    amendatory Act of the 103rd General Assembly.
2    (d) Definitions. For purposes of this Section:
3    "Employee" means a person employed by a public body whose
4relationship with the public body constitutes an
5employer-employee relationship under the usual common law
6rules, and who is not an independent contractor.
7    "Public office" means a position created by or under the
8Constitution or laws of this State, the occupant of which is
9charged with the exercise of some portion of the sovereign
10power of this State. The term "public office" shall include
11members of the public body, but it shall not include
12organizational positions filled by members thereof, whether
13established by law or by a public body itself, that exist to
14assist the body in the conduct of its business.
15    "Quasi-adjudicative body" means an administrative body
16charged by law or ordinance with the responsibility to conduct
17hearings, receive evidence or testimony and make
18determinations based thereon, but does not include local
19electoral boards when such bodies are considering petition
20challenges.
21    (e) Final action. No final action may be taken at a closed
22meeting. Final action shall be preceded by a public recital of
23the nature of the matter being considered and other
24information that will inform the public of the business being
25conducted.
26(Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19;

 

 

HB2605- 10 -LRB103 26047 RLC 52402 b

1101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff.
28-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
3    Section 5. The Freedom of Information Act is amended by
4changing Section 7.5 as follows:
 
5    (5 ILCS 140/7.5)
6    Sec. 7.5. Statutory exemptions. To the extent provided for
7by the statutes referenced below, the following shall be
8exempt from inspection and copying:
9        (a) All information determined to be confidential
10    under Section 4002 of the Technology Advancement and
11    Development Act.
12        (b) Library circulation and order records identifying
13    library users with specific materials under the Library
14    Records Confidentiality Act.
15        (c) Applications, related documents, and medical
16    records received by the Experimental Organ Transplantation
17    Procedures Board and any and all documents or other
18    records prepared by the Experimental Organ Transplantation
19    Procedures Board or its staff relating to applications it
20    has received.
21        (d) Information and records held by the Department of
22    Public Health and its authorized representatives relating
23    to known or suspected cases of sexually transmissible
24    disease or any information the disclosure of which is

 

 

HB2605- 11 -LRB103 26047 RLC 52402 b

1    restricted under the Illinois Sexually Transmissible
2    Disease Control Act.
3        (e) Information the disclosure of which is exempted
4    under Section 30 of the Radon Industry Licensing Act.
5        (f) Firm performance evaluations under Section 55 of
6    the Architectural, Engineering, and Land Surveying
7    Qualifications Based Selection Act.
8        (g) Information the disclosure of which is restricted
9    and exempted under Section 50 of the Illinois Prepaid
10    Tuition Act.
11        (h) Information the disclosure of which is exempted
12    under the State Officials and Employees Ethics Act, and
13    records of any lawfully created State or local inspector
14    general's office that would be exempt if created or
15    obtained by an Executive Inspector General's office under
16    that Act.
17        (i) Information contained in a local emergency energy
18    plan submitted to a municipality in accordance with a
19    local emergency energy plan ordinance that is adopted
20    under Section 11-21.5-5 of the Illinois Municipal Code.
21        (j) Information and data concerning the distribution
22    of surcharge moneys collected and remitted by carriers
23    under the Emergency Telephone System Act.
24        (k) Law enforcement officer identification information
25    or driver identification information compiled by a law
26    enforcement agency or the Department of Transportation

 

 

HB2605- 12 -LRB103 26047 RLC 52402 b

1    under Section 11-212 of the Illinois Vehicle Code.
2        (l) Records and information provided to a residential
3    health care facility resident sexual assault and death
4    review team or the Executive Council under the Abuse
5    Prevention Review Team Act.
6        (m) Information provided to the predatory lending
7    database created pursuant to Article 3 of the Residential
8    Real Property Disclosure Act, except to the extent
9    authorized under that Article.
10        (n) Defense budgets and petitions for certification of
11    compensation and expenses for court appointed trial
12    counsel as provided under Sections 10 and 15 of the
13    Capital Crimes Litigation Act. This subsection (n) shall
14    apply until the conclusion of the trial of the case, even
15    if the prosecution chooses not to pursue the death penalty
16    prior to trial or sentencing.
17        (o) Information that is prohibited from being
18    disclosed under Section 4 of the Illinois Health and
19    Hazardous Substances Registry Act.
20        (p) Security portions of system safety program plans,
21    investigation reports, surveys, schedules, lists, data, or
22    information compiled, collected, or prepared by or for the
23    Department of Transportation under Sections 2705-300 and
24    2705-616 of the Department of Transportation Law of the
25    Civil Administrative Code of Illinois, the Regional
26    Transportation Authority under Section 2.11 of the

 

 

HB2605- 13 -LRB103 26047 RLC 52402 b

1    Regional Transportation Authority Act, or the St. Clair
2    County Transit District under the Bi-State Transit Safety
3    Act.
4        (q) Information prohibited from being disclosed by the
5    Personnel Record Review Act.
6        (r) Information prohibited from being disclosed by the
7    Illinois School Student Records Act.
8        (s) Information the disclosure of which is restricted
9    under Section 5-108 of the Public Utilities Act.
10        (t) All identified or deidentified health information
11    in the form of health data or medical records contained
12    in, stored in, submitted to, transferred by, or released
13    from the Illinois Health Information Exchange, and
14    identified or deidentified health information in the form
15    of health data and medical records of the Illinois Health
16    Information Exchange in the possession of the Illinois
17    Health Information Exchange Office due to its
18    administration of the Illinois Health Information
19    Exchange. The terms "identified" and "deidentified" shall
20    be given the same meaning as in the Health Insurance
21    Portability and Accountability Act of 1996, Public Law
22    104-191, or any subsequent amendments thereto, and any
23    regulations promulgated thereunder.
24        (u) Records and information provided to an independent
25    team of experts under the Developmental Disability and
26    Mental Health Safety Act (also known as Brian's Law).

 

 

HB2605- 14 -LRB103 26047 RLC 52402 b

1        (v) Names and information of people who have applied
2    for or received Firearm Owner's Identification Cards under
3    the Firearm Owners Identification Card Act before the
4    effective date of this amendatory Act of the 103rd General
5    Assembly or applied for or received a concealed carry
6    license under the Firearm Concealed Carry Act, unless
7    otherwise authorized by the Firearm Concealed Carry Act;
8    and databases under the Firearm Concealed Carry Act,
9    records of the Concealed Carry Licensing Review Board
10    under the Firearm Concealed Carry Act, and law enforcement
11    agency objections under the Firearm Concealed Carry Act.
12        (v-5) Records of the Firearm Owner's Identification
13    Card Review Board that were are exempted from disclosure
14    under Section 10 of the Firearm Owners Identification Card
15    Act before the effective date of this amendatory Act of
16    the 103rd General Assembly.
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

 

 

HB2605- 15 -LRB103 26047 RLC 52402 b

1    against any caregiver of a verified and substantiated
2    decision of abuse, neglect, or financial exploitation of
3    an 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

 

 

HB2605- 16 -LRB103 26047 RLC 52402 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
7    and 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
21    prohibited from disclosure under the First Responders
22    Suicide 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.

 

 

HB2605- 17 -LRB103 26047 RLC 52402 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
11    Act.
12        (uu) Information that is exempt from disclosure under
13    Section 50 of the Sexual Assault Evidence Submission Act.
14        (vv) Information that is exempt from disclosure under
15    subsections (f) and (j) of Section 5-36 of the Illinois
16    Public Aid Code.
17        (ww) Information that is exempt from disclosure under
18    Section 16.8 of the State Treasurer Act.
19        (xx) Information that is exempt from disclosure or
20    information that shall not be made public under the
21    Illinois Insurance Code.
22        (yy) Information prohibited from being disclosed under
23    the Illinois Educational Labor Relations Act.
24        (zz) Information prohibited from being disclosed under
25    the Illinois Public Labor Relations Act.
26        (aaa) Information prohibited from being disclosed

 

 

HB2605- 18 -LRB103 26047 RLC 52402 b

1    under Section 1-167 of the Illinois Pension Code.
2        (bbb) Information that is prohibited from disclosure
3    by the Illinois Police Training Act and the Illinois State
4    Police Act.
5        (ccc) Records exempt from disclosure under Section
6    2605-304 of the Illinois State Police Law of the Civil
7    Administrative Code of Illinois.
8        (ddd) Information prohibited from being disclosed
9    under Section 35 of the Address Confidentiality for
10    Victims of Domestic Violence, Sexual Assault, Human
11    Trafficking, or Stalking Act.
12        (eee) Information prohibited from being disclosed
13    under subsection (b) of Section 75 of the Domestic
14    Violence Fatality Review Act.
15        (fff) Images from cameras under the Expressway Camera
16    Act. This subsection (fff) is inoperative on and after
17    July 1, 2023.
18        (ggg) Information prohibited from disclosure under
19    paragraph (3) of subsection (a) of Section 14 of the Nurse
20    Agency Licensing Act.
21        (hhh) Information submitted to the Illinois Department
22    of State Police in an affidavit or application for an
23    assault weapon endorsement, assault weapon attachment
24    endorsement, .50 caliber rifle endorsement, or .50 caliber
25    cartridge endorsement under the Firearm Owners
26    Identification Card Act.

 

 

HB2605- 19 -LRB103 26047 RLC 52402 b

1(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
2101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
31-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
4eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
5101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
61-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
7eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
8102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
97-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; revised
102-13-23.)
 
11    Section 5.5. The Illinois TRUST Act is amended by changing
12Section 15 as follows:
 
13    (5 ILCS 805/15)
14    Sec. 15. Prohibition on enforcing federal civil
15immigration laws.
16    (a) A law enforcement agency or law enforcement official
17shall not detain or continue to detain any individual solely
18on the basis of any immigration detainer or civil immigration
19warrant or otherwise comply with an immigration detainer or
20civil immigration warrant.
21    (b) A law enforcement agency or law enforcement official
22shall not stop, arrest, search, detain, or continue to detain
23a person solely based on an individual's citizenship or
24immigration status.

 

 

HB2605- 20 -LRB103 26047 RLC 52402 b

1    (c) (Blank).
2    (d) A law enforcement agency or law enforcement official
3acting in good faith in compliance with this Section who
4releases a person subject to an immigration detainer or civil
5immigration warrant shall have immunity from any civil or
6criminal liability that might otherwise occur as a result of
7making the release, with the exception of willful or wanton
8misconduct.
9    (e) A law enforcement agency or law enforcement official
10may not inquire about or investigate the citizenship or
11immigration status or place of birth of any individual in the
12agency or official's custody or who has otherwise been stopped
13or detained by the agency or official. Nothing in this
14subsection shall be construed to limit the ability of a law
15enforcement agency or law enforcement official, pursuant to
16State or federal law, to notify a person in the law enforcement
17agency's custody about that person's right to communicate with
18consular officers from that person's country of nationality,
19or facilitate such communication, in accordance with the
20Vienna Convention on Consular Relations or other bilateral
21agreements. Nothing in this subsection shall be construed to
22limit the ability of a law enforcement agency or law
23enforcement official to request evidence of citizenship or
24immigration status pursuant to the Firearm Owners
25Identification Card Act, the Firearm Concealed Carry Act,
26Article 24 of the Criminal Code of 2012, or 18 United States

 

 

HB2605- 21 -LRB103 26047 RLC 52402 b

1Code Sections 921 through 931.
2    (f) Unless otherwise limited by federal law, a law
3enforcement agency or law enforcement official may not deny
4services, benefits, privileges, or opportunities to an
5individual in custody or under probation status, including,
6but not limited to, eligibility for or placement in a lower
7custody classification, educational, rehabilitative, or
8diversionary programs, on the basis of the individual's
9citizenship or immigration status, the issuance of an
10immigration detainer or civil immigration warrant against the
11individual, or the individual being in immigration removal
12proceedings.
13    (g)(1) No law enforcement agency, law enforcement
14official, or any unit of State or local government may enter
15into or renew any contract, intergovernmental service
16agreement, or any other agreement to house or detain
17individuals for federal civil immigration violations.
18    (2) Any law enforcement agency, law enforcement official,
19or unit of State or local government with an existing
20contract, intergovernmental agreement, or other agreement,
21whether in whole or in part, that is utilized to house or
22detain individuals for civil immigration violations shall
23exercise the termination provision in the agreement as applied
24to housing or detaining individuals for civil immigration
25violations no later than January 1, 2022.
26    (h) Unless presented with a federal criminal warrant, or

 

 

HB2605- 22 -LRB103 26047 RLC 52402 b

1otherwise required by federal law, a law enforcement agency or
2official may not:
3        (1) participate, support, or assist in any capacity
4    with an immigration agent's enforcement operations,
5    including any collateral assistance such as coordinating
6    an arrest in a courthouse or other public facility,
7    providing use of any equipment, transporting any
8    individuals, or establishing a security or traffic
9    perimeter surrounding such operations, or any other
10    on-site support;
11        (2) give any immigration agent access, including by
12    telephone, to any individual who is in that agency's
13    custody;
14        (3) transfer any person into an immigration agent's
15    custody;
16        (4) permit immigration agents use of agency facilities
17    or equipment, including any agency electronic databases
18    not available to the public, for investigative interviews
19    or other investigative or immigration enforcement purpose;
20        (5) enter into or maintain any agreement regarding
21    direct access to any electronic database or other
22    data-sharing platform maintained by any law enforcement
23    agency, or otherwise provide such direct access to the
24    U.S. Immigration and Customs Enforcement, United States
25    Customs and Border Protection or any other federal entity
26    enforcing civil immigration violations;

 

 

HB2605- 23 -LRB103 26047 RLC 52402 b

1        (6) provide information in response to any immigration
2    agent's inquiry or request for information regarding any
3    individual in the agency's custody; or
4        (7) provide to any immigration agent information not
5    otherwise available to the public relating to an
6    individual's release or contact information, or otherwise
7    facilitate for an immigration agent to apprehend or
8    question an individual for immigration enforcement.
9    (i) Nothing in this Section shall preclude a law
10enforcement official from otherwise executing that official's
11duties in investigating violations of criminal law and
12cooperating in such investigations with federal and other law
13enforcement agencies (including criminal investigations
14conducted by federal Homeland Security Investigations (HSI))
15in order to ensure public safety.
16(Source: P.A. 102-234, eff. 8-2-21; revised 9-14-22.)
 
17    Section 6. The Gun Trafficking Information Act is amended
18by changing Section 10-5 as follows:
 
19    (5 ILCS 830/10-5)
20    Sec. 10-5. Gun trafficking information.
21    (a) The Illinois State Police shall use all reasonable
22efforts in making publicly available, on a regular and ongoing
23basis, key information related to firearms used in the
24commission of crimes in this State, including, but not limited

 

 

HB2605- 24 -LRB103 26047 RLC 52402 b

1to: reports on crimes committed with firearms, locations where
2the crimes occurred, the number of persons killed or injured
3in the commission of the crimes, the state where the firearms
4used originated, the Federal Firearms Licensee that sold the
5firearm, the type of firearms used, annual statistical
6information concerning Firearm Owner's Identification Card and
7concealed carry license applications, revocations, and
8compliance with Section 9.5 of the Firearm Owners
9Identification Card Act, firearm restraining order
10dispositions, and firearm dealer license certification
11inspections. The Illinois State Police shall make the
12information available on its website, which may be presented
13in a dashboard format, in addition to electronically filing a
14report with the Governor and the General Assembly. The report
15to the General Assembly shall be filed with the Clerk of the
16House of Representatives and the Secretary of the Senate in
17electronic form only, in the manner that the Clerk and the
18Secretary shall direct.
19    (b) (Blank). The Illinois State Police shall study, on a
20regular and ongoing basis, and compile reports on the number
21of Firearm Owner's Identification Card checks to determine
22firearms trafficking or straw purchase patterns. The Illinois
23State Police shall, to the extent not inconsistent with law,
24share such reports and underlying data with academic centers,
25foundations, and law enforcement agencies studying firearms
26trafficking, provided that personally identifying information

 

 

HB2605- 25 -LRB103 26047 RLC 52402 b

1is protected. For purposes of this subsection (b), a Firearm
2Owner's Identification Card number is not personally
3identifying information, provided that no other personal
4information of the card holder is attached to the record. The
5Illinois State Police may create and attach an alternate
6unique identifying number to each Firearm Owner's
7Identification Card number, instead of releasing the Firearm
8Owner's Identification Card number itself.
9    (c) Each department, office, division, and agency of this
10State shall, to the extent not inconsistent with law,
11cooperate fully with the Illinois State Police and furnish the
12Illinois State Police with all relevant information and
13assistance on a timely basis as is necessary to accomplish the
14purpose of this Act. The Illinois Criminal Justice Information
15Authority shall submit the information required in subsection
16(a) of this Section to the Illinois State Police, and any other
17information as the Illinois State Police may request, to
18assist the Illinois State Police in carrying out its duties
19under this Act.
20(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
21102-813, eff. 5-13-22.)
 
22    Section 7. The First Responders Suicide Prevention Act is
23amended by changing Section 40 as follows:
 
24    (5 ILCS 840/40)

 

 

HB2605- 26 -LRB103 26047 RLC 52402 b

1    Sec. 40. Task Force recommendations.
2    (a) Task Force members shall recommend that agencies and
3organizations guarantee access to mental health and wellness
4services, including, but not limited to, peer support programs
5and providing ongoing education related to the ever-evolving
6concept of mental health wellness. These recommendations could
7be accomplished by:
8        (1) Revising agencies' and organizations' employee
9    assistance programs (EAPs).
10        (2) Urging health care providers to replace outdated
11    healthcare plans and include more progressive options
12    catering to the needs and disproportionate risks
13    shouldered by our first responders.
14        (3) Allocating funding or resources for public service
15    announcements (PSA) and messaging campaigns aimed at
16    raising awareness of available assistance options.
17        (4) Encouraging agencies and organizations to attach
18    lists of all available resources to training manuals and
19    continuing education requirements.
20    (b) Task Force members shall recommend agencies and
21organizations sponsor or facilitate first responders with
22specialized training in the areas of psychological fitness,
23depressive disorders, early detection, and mitigation best
24practices. Such trainings could be accomplished by:
25        (1) Assigning, appointing, or designating one member
26    of an agency or organization to attend specialized

 

 

HB2605- 27 -LRB103 26047 RLC 52402 b

1    training(s) sponsored by an accredited agency,
2    association, or organization recognized in their fields of
3    study.
4        (2) Seeking sponsorships or conducting fund-raisers,
5    to host annual or semiannual on-site visits from qualified
6    clinicians or physicians to provide early detection
7    training techniques, or to provide regular access to
8    mental health professionals.
9        (3) Requiring a minimum number of hours of disorders
10    and wellness training be incorporated into reoccurring,
11    annual or biannual training standards, examinations, and
12    curriculums, taking into close consideration respective
13    agency or organization size, frequency, and number of all
14    current federal and state mandatory examinations and
15    trainings expected respectively.
16        (4) Not underestimating the crucial importance of a
17    balanced diet, sleep, mindfulness-based stress reduction
18    techniques, moderate and vigorous intensity activities,
19    and recreational hobbies, which have been scientifically
20    proven to play a major role in brain health and mental
21    wellness.
22    (c) Task Force members shall recommend that administrators
23and leadership personnel solicit training services from
24evidence-based, data driven organizations. Organizations with
25personnel trained on the analytical review and interpretation
26of specific fields related to the nature of first responders'

 

 

HB2605- 28 -LRB103 26047 RLC 52402 b

1exploits, such as PTSD, substance abuse, chronic state of
2duress. Task Force members shall further recommend funding for
3expansion and messaging campaigns of preliminary
4self-diagnosing technologies like the one described above.
5These objectives could be met by:
6        (1) Contacting an accredited agency, association, or
7    organization recognized in the field or fields of specific
8    study. Unbeknownst to the majority, many of the agencies
9    and organizations listed above receive grants and
10    allocations to assist communities with the very issues
11    being discussed in this Section.
12        (2) Normalizing help-seeking behaviors for both first
13    responders and their families through regular messaging
14    and peer support outreach, beginning with academy
15    curricula and continuing education throughout individuals'
16    careers.
17        (3) Funding and implementing PSA campaigns that
18    provide clear and concise calls to action about mental
19    health and wellness, resiliency, help-seeking, treatment,
20    and recovery.
21        (4) Promoting and raising awareness of not-for-profit
22    non-for-profit organizations currently available to assist
23    individuals in search of care and treatment. Organizations
24    have intuitive user-friendly sites, most of which have
25    mobile applications, so first responders can access at a
26    moment's notice. However, because of limited funds, these

 

 

HB2605- 29 -LRB103 26047 RLC 52402 b

1    organizations have a challenging time of getting the word
2    out there about their existence.
3        (5) Expanding Family and Medical Leave Act protections
4    for individuals voluntarily seeking preventative
5    treatment.
6        (6) Promoting and ensuring complete patient
7    confidentiality protections.
8    (d) Task Force members shall recommend that agencies and
9organizations incorporate the following training components
10into already existing modules and educational curriculums.
11Doing so could be done by:
12        (1) Bolstering academy and school curricula by
13    requiring depressive disorder training catered to PTSD,
14    substance abuse, and early detection techniques training,
15    taking into close consideration respective agency or
16    organization size, and the frequency and number of all
17    current federal and state mandatory examinations and
18    trainings expected respectively.
19        (2) Continuing to allocate or match federal and state
20    funds to maintain Mobile Mobil Training Units (MTUs).
21        (3) Incorporating a state certificate for peer support
22    training into already exiting statewide curriculums and
23    mandatory examinations, annual State Fire Marshal
24    examinations, and physical fitness examinations. The
25    subject matter of the certificate should have an emphasis
26    on mental health and wellness, as well as familiarization

 

 

HB2605- 30 -LRB103 26047 RLC 52402 b

1    with topics ranging from clinical social work, clinical
2    psychology, clinical behaviorist, and clinical psychiatry.
3        (4) Incorporating and performing statewide mental
4    health check-ins during the same times as already mandated
5    trainings. These checks are not to be compared or used as
6    measures of fitness for duty evaluations or structured
7    psychological examinations.
8        (5) Recommending comprehensive and evidence-based
9    training on the importance of preventative measures on the
10    topics of sleep, nutrition, mindfulness, and physical
11    movement.
12        (6) (Blank). Law enforcement agencies should provide
13    training on the Firearm Owner's Identification Card Act,
14    including seeking relief from the Illinois State Police
15    under Section 10 of the Firearm Owners Identification Card
16    Act and a FOID card being a continued condition of
17    employment under Section 7.2 of the Uniform Peace
18    Officers' Disciplinary Act.
19(Source: P.A. 102-352, eff. 6-1-22; revised 8-8-22.)
 
20    Section 10. The Illinois State Police Law of the Civil
21Administrative Code of Illinois is amended by changing
22Sections 2605-10, 2605-45, 2605-200, and 2605-595 as follows:
 
23    (20 ILCS 2605/2605-10)  (was 20 ILCS 2605/55a in part)
24    Sec. 2605-10. Powers and duties, generally.

 

 

HB2605- 31 -LRB103 26047 RLC 52402 b

1    (a) The Illinois State Police shall exercise the rights,
2powers, and duties that have been vested in the Illinois State
3Police by the following:
4    The Illinois State Police Act.
5    The Illinois State Police Radio Act.
6    The Criminal Identification Act.
7    The Illinois Vehicle Code.
8    The Firearm Owners Identification Card Act.
9    The Firearm Concealed Carry Act.
10    The Gun Dealer Licensing Act.
11    The Intergovernmental Missing Child Recovery Act of 1984.
12    The Intergovernmental Drug Laws Enforcement Act.
13    The Narcotic Control Division Abolition Act.
14    (b) The Illinois State Police shall have the powers and
15duties set forth in the following Sections.
16(Source: P.A. 102-538, eff. 8-20-21.)
 
17    (20 ILCS 2605/2605-45)  (was 20 ILCS 2605/55a-5)
18    Sec. 2605-45. Division of Justice Services. The Division
19of Justice Services shall exercise the following functions:
20        (1) Operate and maintain the Law Enforcement Agencies
21    Data System (LEADS), a statewide, computerized
22    telecommunications system designed to provide services,
23    information, and capabilities to the law enforcement and
24    criminal justice community in the State of Illinois. The
25    Director is responsible for establishing policy,

 

 

HB2605- 32 -LRB103 26047 RLC 52402 b

1    procedures, and regulations consistent with State and
2    federal rules, policies, and law by which LEADS operates.
3    The Director shall designate a statewide LEADS
4    Administrator for management of the system. The Director
5    may appoint a LEADS Advisory Policy Board to reflect the
6    needs and desires of the law enforcement and criminal
7    justice community and to make recommendations concerning
8    policies and procedures.
9        (2) Pursue research and the publication of studies
10    pertaining to local law enforcement activities.
11        (3) Serve as the State's point of contact for the
12    Federal Bureau of Investigation's Uniform Crime Reporting
13    Program and National Incident-Based Reporting System.
14        (4) Operate an electronic data processing and computer
15    center for the storage and retrieval of data pertaining to
16    criminal activity.
17        (5) Exercise the rights, powers, and duties vested in
18    the Illinois State Police by the Cannabis Regulation and
19    Tax Act and the Compassionate Use of Medical Cannabis
20    Program Act.
21        (6) (Blank).
22        (6.5) (Blank). Exercise the rights, powers, and duties
23    vested in the Illinois State Police by the Firearm Owners
24    Identification Card Act, the Firearm Concealed Carry Act,
25    and the Firearm Dealer License Certification Act.
26        (7) Exercise other duties that may be assigned by the

 

 

HB2605- 33 -LRB103 26047 RLC 52402 b

1    Director to fulfill the responsibilities and achieve the
2    purposes of the Illinois State Police.
3        (8) Exercise the rights, powers, and duties vested by
4    law in the Illinois State Police by the Criminal
5    Identification Act.
6        (9) Exercise the powers and perform the duties that
7    have been vested in the Illinois State Police by the Sex
8    Offender Registration Act and the Sex Offender Community
9    Notification Law and adopt reasonable rules necessitated
10    thereby.
11(Source: P.A. 101-378, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
12    (20 ILCS 2605/2605-200)  (was 20 ILCS 2605/55a in part)
13    Sec. 2605-200. Investigations of crime; enforcement of
14laws; records; crime laboratories; personnel.
15    (a) To do the following:
16        (1) Investigate the origins, activities, personnel,
17    and incidents of crime and the ways and means to redress
18    the victims of crimes; study the impact, if any, of
19    legislation relative to the effusion of crime and growing
20    crime rates; and enforce the criminal laws of this State
21    related thereto.
22        (2) Enforce all laws regulating the production, sale,
23    prescribing, manufacturing, administering, transporting,
24    having in possession, dispensing, delivering,
25    distributing, or use of controlled substances and

 

 

HB2605- 34 -LRB103 26047 RLC 52402 b

1    cannabis.
2        (3) Employ skilled experts, scientists, technicians,
3    investigators, or otherwise specially qualified persons to
4    aid in preventing or detecting crime, apprehending
5    criminals, or preparing and presenting evidence of
6    violations of the criminal laws of the State.
7        (4) Cooperate with the police of cities, villages, and
8    incorporated towns and with the police officers of any
9    county in enforcing the laws of the State and in making
10    arrests and recovering property.
11        (5) Apprehend and deliver up any person charged in
12    this State or any other state of the United States with
13    treason or a felony or other crime who has fled from
14    justice and is found in this State.
15        (6) Conduct other investigations as provided by law.
16        (7) Be a central repository and custodian of criminal
17    statistics for the State.
18        (8) Be a central repository for criminal history
19    record information.
20        (9) Procure and file for record information that is
21    necessary and helpful to plan programs of crime
22    prevention, law enforcement, and criminal justice.
23        (10) Procure and file for record copies of
24    fingerprints that may be required by law.
25        (11) Establish general and field crime laboratories.
26        (12) (Blank). Register and file for record information

 

 

HB2605- 35 -LRB103 26047 RLC 52402 b

1    that may be required by law for the issuance of firearm
2    owner's identification cards under the Firearm Owners
3    Identification Card Act and concealed carry licenses under
4    the Firearm Concealed Carry Act.
5        (13) Employ laboratory technicians and other specially
6    qualified persons to aid in the identification of criminal
7    activity and the identification, collection, and recovery
8    of cyber forensics, including but not limited to digital
9    evidence, and may employ polygraph operators.
10        (14) Undertake other identification, information,
11    laboratory, statistical, or registration activities that
12    may be required by law.
13    (b) Persons exercising the powers set forth in subsection
14(a) within the Illinois State Police are conservators of the
15peace and as such have all the powers possessed by policemen in
16cities and sheriffs, except that they may exercise those
17powers anywhere in the State in cooperation with and after
18contact with the local law enforcement officials. Those
19persons may use false or fictitious names in the performance
20of their duties under this Section, upon approval of the
21Director, and shall not be subject to prosecution under the
22criminal laws for that use.
23(Source: P.A. 102-538, eff. 8-20-21.)
 
24    (20 ILCS 2605/2605-595)
25    Sec. 2605-595. State Police Firearm Services Fund.

 

 

HB2605- 36 -LRB103 26047 RLC 52402 b

1    (a) There is created in the State treasury a special fund
2known as the State Police Firearm Services Fund. The Fund
3shall receive revenue under the Firearm Concealed Carry Act
4and , the Firearm Dealer License Certification Act, and
5Section 5 of the Firearm Owners Identification Card Act. The
6Fund may also receive revenue from grants, pass-through
7grants, donations, appropriations, and any other legal source.
8    (a-5) Notwithstanding any other provision of law to the
9contrary, and in addition to any other transfers that may be
10provided by law, on the effective date of this amendatory Act
11of the 102nd General Assembly, or as soon thereafter as
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the remaining balance from the
14Firearm Dealer License Certification Fund into the State
15Police Firearm Services Fund. Upon completion of the transfer,
16the Firearm Dealer License Certification Fund is dissolved,
17and any future deposits due to that Fund and any outstanding
18obligations or liabilities of that Fund shall pass to the
19State Police Firearm Services Fund.
20    (b) The Illinois State Police may use moneys in the Fund to
21finance any of its lawful purposes, mandates, functions, and
22duties under the Firearm Owners Identification Card Act, the
23Firearm Dealer License Certification Act, and the Firearm
24Concealed Carry Act, including the cost of sending notices of
25expiration of Firearm Owner's Identification Cards, concealed
26carry licenses, the prompt and efficient processing of

 

 

HB2605- 37 -LRB103 26047 RLC 52402 b

1applications under the Firearm Owners Identification Card Act
2and the Firearm Concealed Carry Act, the improved efficiency
3and reporting of the LEADS and federal NICS law enforcement
4data systems, and support for investigations required under
5these Acts and law. Any surplus funds beyond what is needed to
6comply with the aforementioned purposes shall be used by the
7Illinois State Police to improve the Law Enforcement Agencies
8Data System (LEADS) and criminal history background check
9system.
10    (c) Investment income that is attributable to the
11investment of moneys in the Fund shall be retained in the Fund
12for the uses specified in this Section.
13(Source: P.A. 102-505, eff. 8-20-21; 102-538, eff. 8-20-21.)
 
14    (20 ILCS 2605/2605-120 rep.)
15    (20 ILCS 2605/2605-304 rep.)
16    Section 15. The Department of State Police Law of the
17Civil Administrative Code of Illinois is amended by repealing
18Sections 2605-120 and 2605-304.
 
19    Section 20. The Criminal Identification Act is amended by
20changing Section 2.2 as follows:
 
21    (20 ILCS 2630/2.2)
22    Sec. 2.2. Notification to the Illinois State Police. Upon
23judgment of conviction of a violation of Section 12-1, 12-2,

 

 

HB2605- 38 -LRB103 26047 RLC 52402 b

112-3, 12-3.2, 12-3.4, or 12-3.5 of the Criminal Code of 1961 or
2the Criminal Code of 2012 when the defendant has been
3determined, pursuant to Section 112A-11.1 of the Code of
4Criminal Procedure of 1963, to be subject to the prohibitions
5of 18 U.S.C. 922(g)(9), the circuit court clerk shall include
6notification and a copy of the written determination in a
7report of the conviction to the Illinois State Police Firearm
8Owner's Identification Card Office to enable the Illinois
9State Police office to perform its duties under the Firearm
10Concealed Carry Act and Sections 4 and 8 of the Firearm Owners
11Identification Card Act and to report that determination to
12the Federal Bureau of Investigation to assist the Federal
13Bureau of Investigation in identifying persons prohibited from
14purchasing and possessing a firearm pursuant to the provisions
15of 18 U.S.C. 922. The written determination described in this
16Section shall be included in the defendant's record of arrest
17and conviction in the manner and form prescribed by the
18Illinois State Police.
19(Source: P.A. 102-538, eff. 8-20-21.)
 
20    Section 21. The Illinois Criminal Justice Information Act
21is amended by changing Section 7.9 as follows:
 
22    (20 ILCS 3930/7.9)
23    (Section scheduled to be repealed on July 1, 2027)
24    Sec. 7.9. Firearm Prohibitors and Records Improvement Task

 

 

HB2605- 39 -LRB103 26047 RLC 52402 b

1Force.
2    (a) As used in this Section, "firearms prohibitor" means
3any factor listed in Section 4 of the Firearm Owners
4Identification Card Act or Section 24-3 or 24-3.1 of the
5Criminal Code of 2012 that prohibits a person from
6transferring or possessing a firearm, firearm ammunition,
7Firearm Owner's Identification Card, or concealed carry
8license.
9    (b) The Firearm Prohibitors and Records Improvement Task
10Force is created to identify and research all available
11grants, resources, and revenue that may be applied for and
12used by all entities responsible for reporting federal and
13State firearm prohibitors to the Illinois State Police and the
14National Instant Criminal Background Check System. These Under
15the Firearm Owners Identification Card Act, these reporting
16entities include, but are not limited to, hospitals, courts,
17law enforcement and corrections. The Task Force shall identify
18weaknesses in reporting and recommend a strategy to direct
19resources and revenue to ensuring reporting is reliable,
20accurate, and timely. The Task Force shall inventory all
21statutorily mandated firearm and gun violence related data
22collection and reporting requirements, along with the agency
23responsible for collecting that data, and identify gaps in
24those requirements. The Task Force shall submit a coordinated
25application with and through the Illinois Criminal Justice
26Information Authority for federal funds from the National

 

 

HB2605- 40 -LRB103 26047 RLC 52402 b

1Criminal History Improvement Program and the NICS Acts Record
2Improvement Program. The Firearm Prohibitors and Records
3Improvement Task Force shall be comprised of the following
4members, all of whom shall serve without compensation:
5        (1) the Executive Director of the Illinois Criminal
6    Justice Information Authority, who shall serve as Chair;
7        (2) the Director of the Illinois State Police, or his
8    or her designee;
9        (3) the Secretary of Human Services, or his or her
10    designee;
11        (4) the Director of Corrections, or his or her
12    designee;
13        (5) the Attorney General, or his or her designee;
14        (6) the Director of the Administrative Office of the
15    Illinois Courts, or his or her designee;
16        (7) a representative of an association representing
17    circuit clerks appointed by the President of the Senate;
18        (8) a representative of an association representing
19    sheriffs appointed by the House Minority Leader;
20        (9) a representative of an association representing
21    State's Attorneys appointed by the House Minority Leader;
22        (10) a representative of an association representing
23    chiefs of police appointed by the Senate Minority Leader;
24        (11) a representative of an association representing
25    hospitals appointed by the Speaker of the House of
26    Representatives;

 

 

HB2605- 41 -LRB103 26047 RLC 52402 b

1        (12) a representative of an association representing
2    counties appointed by the President of the Senate; and
3        (13) a representative of an association representing
4    municipalities appointed by the Speaker of the House of
5    Representatives.
6    (c) The Illinois Criminal Justice Information Authority
7shall provide administrative and other support to the Task
8Force. The Illinois State Police Division of Justice Services
9shall also provide support to the Illinois Criminal Justice
10Information Authority and the Task Force.
11    (d) The Task Force may meet in person or virtually and
12shall issue a written report of its findings and
13recommendations to General Assembly on or before July 1, 2022.
14The Task Force shall issue an annual report, which shall
15include information on the state of FOID data, including a
16review of previous activity by the Task Force to close
17previously identified gaps; identifying known (or new) gaps; a
18proposal of policy and practice recommendations to close those
19gaps; and a preview of expected activities of the Task Force
20for the coming year.
21    (e) Within 60 days of the effective date of this
22amendatory Act of the 102nd General Assembly, the Chair shall
23establish the Task Force.
24    (f) This Section is repealed on July 1, 2027.
25(Source: P.A. 102-237, eff. 1-1-22.)
 

 

 

HB2605- 42 -LRB103 26047 RLC 52402 b

1    Section 25. The State Finance Act is amended by changing
2Sections 6z-99 and 6z-127 as follows:
 
3    (30 ILCS 105/6z-99)
4    Sec. 6z-99. The Mental Health Reporting Fund.
5    (a) There is created in the State treasury a special fund
6known as the Mental Health Reporting Fund. The Fund shall
7receive revenue under the Firearm Concealed Carry Act. The
8Fund may also receive revenue from grants, pass-through
9grants, donations, appropriations, and any other legal source.
10    (b) The Illinois State Police and Department of Human
11Services shall coordinate to use moneys in the Fund to finance
12their respective duties of collecting and reporting data on
13mental health records and ensuring that mental health firearm
14possession prohibitors are enforced as set forth under the
15Firearm Concealed Carry Act and the Firearm Owners
16Identification Card Act. Any surplus in the Fund beyond what
17is necessary to ensure compliance with mental health reporting
18under that Act these Acts shall be used by the Department of
19Human Services for mental health treatment programs as
20follows: (1) 50% shall be used to fund community-based mental
21health programs aimed at reducing gun violence, community
22integration and education, or mental health awareness and
23prevention, including administrative costs; and (2) 50% shall
24be used to award grants that use and promote the National
25School Mental Health Curriculum model for school-based mental

 

 

HB2605- 43 -LRB103 26047 RLC 52402 b

1health support, integration, and services.
2    (c) Investment income that is attributable to the
3investment of moneys in the Fund shall be retained in the Fund
4for the uses specified in this Section.
5(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
6102-813, eff. 5-13-22.)
 
7    (30 ILCS 105/6z-127)
8    Sec. 6z-127. State Police Revocation Enforcement Fund.
9    (a) The State Police Revocation Enforcement Fund is
10established as a special fund in the State treasury. This Fund
11is established to receive moneys from the Firearm Owners
12Identification Card Act to enforce that Act, the Firearm
13Concealed Carry Act, Article 24 of the Criminal Code of 2012,
14and other firearm offenses. The Fund may also receive revenue
15from grants, donations, appropriations, and any other legal
16source.
17    (b) The Illinois State Police may use moneys from the Fund
18to establish task forces and, if necessary, include other law
19enforcement agencies, under intergovernmental contracts
20written and executed in conformity with the Intergovernmental
21Cooperation Act.
22    (c) The Illinois State Police may use moneys in the Fund to
23hire and train State Police officers and for the prevention of
24violent crime.
25    (d) The State Police Revocation Enforcement Fund is not

 

 

HB2605- 44 -LRB103 26047 RLC 52402 b

1subject to administrative chargebacks.
2    (e) (Blank). Law enforcement agencies that participate in
3Firearm Owner's Identification Card revocation enforcement in
4the Violent Crime Intelligence Task Force may apply for grants
5from the Illinois State Police.
6(Source: P.A. 102-237, eff. 1-1-22; 102-813, eff. 5-13-22.)
 
7    Section 25.5. The Illinois Procurement Code is amended by
8changing Section 1-10 as follows:
 
9    (30 ILCS 500/1-10)
10    Sec. 1-10. Application.
11    (a) This Code applies only to procurements for which
12bidders, offerors, potential contractors, or contractors were
13first solicited on or after July 1, 1998. This Code shall not
14be construed to affect or impair any contract, or any
15provision of a contract, entered into based on a solicitation
16prior to the implementation date of this Code as described in
17Article 99, including, but not limited to, any covenant
18entered into with respect to any revenue bonds or similar
19instruments. All procurements for which contracts are
20solicited between the effective date of Articles 50 and 99 and
21July 1, 1998 shall be substantially in accordance with this
22Code and its intent.
23    (b) This Code shall apply regardless of the source of the
24funds with which the contracts are paid, including federal

 

 

HB2605- 45 -LRB103 26047 RLC 52402 b

1assistance moneys. This Code shall not apply to:
2        (1) Contracts between the State and its political
3    subdivisions or other governments, or between State
4    governmental bodies, except as specifically provided in
5    this Code.
6        (2) Grants, except for the filing requirements of
7    Section 20-80.
8        (3) Purchase of care, except as provided in Section
9    5-30.6 of the Illinois Public Aid Code and this Section.
10        (4) Hiring of an individual as an employee and not as
11    an independent contractor, whether pursuant to an
12    employment code or policy or by contract directly with
13    that individual.
14        (5) Collective bargaining contracts.
15        (6) Purchase of real estate, except that notice of
16    this type of contract with a value of more than $25,000
17    must be published in the Procurement Bulletin within 10
18    calendar days after the deed is recorded in the county of
19    jurisdiction. The notice shall identify the real estate
20    purchased, the names of all parties to the contract, the
21    value of the contract, and the effective date of the
22    contract.
23        (7) Contracts necessary to prepare for anticipated
24    litigation, enforcement actions, or investigations,
25    provided that the chief legal counsel to the Governor
26    shall give his or her prior approval when the procuring

 

 

HB2605- 46 -LRB103 26047 RLC 52402 b

1    agency is one subject to the jurisdiction of the Governor,
2    and provided that the chief legal counsel of any other
3    procuring entity subject to this Code shall give his or
4    her prior approval when the procuring entity is not one
5    subject to the jurisdiction of the Governor.
6        (8) (Blank).
7        (9) Procurement expenditures by the Illinois
8    Conservation Foundation when only private funds are used.
9        (10) (Blank).
10        (11) Public-private agreements entered into according
11    to the procurement requirements of Section 20 of the
12    Public-Private Partnerships for Transportation Act and
13    design-build agreements entered into according to the
14    procurement requirements of Section 25 of the
15    Public-Private Partnerships for Transportation Act.
16        (12) (A) Contracts for legal, financial, and other
17    professional and artistic services entered into by the
18    Illinois Finance Authority in which the State of Illinois
19    is not obligated. Such contracts shall be awarded through
20    a competitive process authorized by the members of the
21    Illinois Finance Authority and are subject to Sections
22    5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
23    as well as the final approval by the members of the
24    Illinois Finance Authority of the terms of the contract.
25        (B) Contracts for legal and financial services entered
26    into by the Illinois Housing Development Authority in

 

 

HB2605- 47 -LRB103 26047 RLC 52402 b

1    connection with the issuance of bonds in which the State
2    of Illinois is not obligated. Such contracts shall be
3    awarded through a competitive process authorized by the
4    members of the Illinois Housing Development Authority and
5    are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
6    and 50-37 of this Code, as well as the final approval by
7    the members of the Illinois Housing Development Authority
8    of the terms of the contract.
9        (13) Contracts for services, commodities, and
10    equipment to support the delivery of timely forensic
11    science services in consultation with and subject to the
12    approval of the Chief Procurement Officer as provided in
13    subsection (d) of Section 5-4-3a of the Unified Code of
14    Corrections, except for the requirements of Sections
15    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
16    Code; however, the Chief Procurement Officer may, in
17    writing with justification, waive any certification
18    required under Article 50 of this Code. For any contracts
19    for services which are currently provided by members of a
20    collective bargaining agreement, the applicable terms of
21    the collective bargaining agreement concerning
22    subcontracting shall be followed.
23        On and after January 1, 2019, this paragraph (13),
24    except for this sentence, is inoperative.
25        (14) Contracts for participation expenditures required
26    by a domestic or international trade show or exhibition of

 

 

HB2605- 48 -LRB103 26047 RLC 52402 b

1    an exhibitor, member, or sponsor.
2        (15) Contracts with a railroad or utility that
3    requires the State to reimburse the railroad or utilities
4    for the relocation of utilities for construction or other
5    public purpose. Contracts included within this paragraph
6    (15) shall include, but not be limited to, those
7    associated with: relocations, crossings, installations,
8    and maintenance. For the purposes of this paragraph (15),
9    "railroad" means any form of non-highway ground
10    transportation that runs on rails or electromagnetic
11    guideways and "utility" means: (1) public utilities as
12    defined in Section 3-105 of the Public Utilities Act, (2)
13    telecommunications carriers as defined in Section 13-202
14    of the Public Utilities Act, (3) electric cooperatives as
15    defined in Section 3.4 of the Electric Supplier Act, (4)
16    telephone or telecommunications cooperatives as defined in
17    Section 13-212 of the Public Utilities Act, (5) rural
18    water or waste water systems with 10,000 connections or
19    less, (6) a holder as defined in Section 21-201 of the
20    Public Utilities Act, and (7) municipalities owning or
21    operating utility systems consisting of public utilities
22    as that term is defined in Section 11-117-2 of the
23    Illinois Municipal Code.
24        (16) Procurement expenditures necessary for the
25    Department of Public Health to provide the delivery of
26    timely newborn screening services in accordance with the

 

 

HB2605- 49 -LRB103 26047 RLC 52402 b

1    Newborn Metabolic Screening Act.
2        (17) Procurement expenditures necessary for the
3    Department of Agriculture, the Department of Financial and
4    Professional Regulation, the Department of Human Services,
5    and the Department of Public Health to implement the
6    Compassionate Use of Medical Cannabis Program and Opioid
7    Alternative Pilot Program requirements and ensure access
8    to medical cannabis for patients with debilitating medical
9    conditions in accordance with the Compassionate Use of
10    Medical Cannabis Program Act.
11        (18) This Code does not apply to any procurements
12    necessary for the Department of Agriculture, the
13    Department of Financial and Professional Regulation, the
14    Department of Human Services, the Department of Commerce
15    and Economic Opportunity, and the Department of Public
16    Health to implement the Cannabis Regulation and Tax Act if
17    the applicable agency has made a good faith determination
18    that it is necessary and appropriate for the expenditure
19    to fall within this exemption and if the process is
20    conducted in a manner substantially in accordance with the
21    requirements of Sections 20-160, 25-60, 30-22, 50-5,
22    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
23    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
24    Section 50-35, compliance applies only to contracts or
25    subcontracts over $100,000. Notice of each contract
26    entered into under this paragraph (18) that is related to

 

 

HB2605- 50 -LRB103 26047 RLC 52402 b

1    the procurement of goods and services identified in
2    paragraph (1) through (9) of this subsection shall be
3    published in the Procurement Bulletin within 14 calendar
4    days after contract execution. The Chief Procurement
5    Officer shall prescribe the form and content of the
6    notice. Each agency shall provide the Chief Procurement
7    Officer, on a monthly basis, in the form and content
8    prescribed by the Chief Procurement Officer, a report of
9    contracts that are related to the procurement of goods and
10    services identified in this subsection. At a minimum, this
11    report shall include the name of the contractor, a
12    description of the supply or service provided, the total
13    amount of the contract, the term of the contract, and the
14    exception to this Code utilized. A copy of any or all of
15    these contracts shall be made available to the Chief
16    Procurement Officer immediately upon request. The Chief
17    Procurement Officer shall submit a report to the Governor
18    and General Assembly no later than November 1 of each year
19    that includes, at a minimum, an annual summary of the
20    monthly information reported to the Chief Procurement
21    Officer. This exemption becomes inoperative 5 years after
22    June 25, 2019 (the effective date of Public Act 101-27).
23        (19) Acquisition of modifications or adjustments,
24    limited to assistive technology devices and assistive
25    technology services, adaptive equipment, repairs, and
26    replacement parts to provide reasonable accommodations (i)

 

 

HB2605- 51 -LRB103 26047 RLC 52402 b

1    that enable a qualified applicant with a disability to
2    complete the job application process and be considered for
3    the position such qualified applicant desires, (ii) that
4    modify or adjust the work environment to enable a
5    qualified current employee with a disability to perform
6    the essential functions of the position held by that
7    employee, (iii) to enable a qualified current employee
8    with a disability to enjoy equal benefits and privileges
9    of employment as are enjoyed by other similarly situated
10    employees without disabilities, and (iv) that allow a
11    customer, client, claimant, or member of the public
12    seeking State services full use and enjoyment of and
13    access to its programs, services, or benefits.
14        For purposes of this paragraph (19):
15        "Assistive technology devices" means any item, piece
16    of equipment, or product system, whether acquired
17    commercially off the shelf, modified, or customized, that
18    is used to increase, maintain, or improve functional
19    capabilities of individuals with disabilities.
20        "Assistive technology services" means any service that
21    directly assists an individual with a disability in
22    selection, acquisition, or use of an assistive technology
23    device.
24        "Qualified" has the same meaning and use as provided
25    under the federal Americans with Disabilities Act when
26    describing an individual with a disability.

 

 

HB2605- 52 -LRB103 26047 RLC 52402 b

1        (20) Procurement expenditures necessary for the
2    Illinois Commerce Commission to hire third-party
3    facilitators pursuant to Sections 16-105.17 and 16-108.18
4    of the Public Utilities Act or an ombudsman pursuant to
5    Section 16-107.5 of the Public Utilities Act, a
6    facilitator pursuant to Section 16-105.17 of the Public
7    Utilities Act, or a grid auditor pursuant to Section
8    16-105.10 of the Public Utilities Act.
9        (21) Procurement expenditures for the purchase,
10    renewal, and expansion of software, software licenses, or
11    software maintenance agreements that support the efforts
12    of the Illinois State Police to enforce, regulate, and
13    administer the Firearm Owners Identification Card Act, the
14    Firearm Concealed Carry Act, the Firearms Restraining
15    Order Act, the Firearm Dealer License Certification Act,
16    the Law Enforcement Agencies Data System (LEADS), the
17    Uniform Crime Reporting Act, the Criminal Identification
18    Act, the Uniform Conviction Information Act, and the Gun
19    Trafficking Information Act, or establish or maintain
20    record management systems necessary to conduct human
21    trafficking investigations or gun trafficking or other
22    stolen firearm investigations. This paragraph (21) applies
23    to contracts entered into on or after the effective date
24    of this amendatory Act of the 102nd General Assembly and
25    the renewal of contracts that are in effect on the
26    effective date of this amendatory Act of the 102nd General

 

 

HB2605- 53 -LRB103 26047 RLC 52402 b

1    Assembly.
2    Notwithstanding any other provision of law, for contracts
3with an annual value of more than $100,000 entered into on or
4after October 1, 2017 under an exemption provided in any
5paragraph of this subsection (b), except paragraph (1), (2),
6or (5), each State agency shall post to the appropriate
7procurement bulletin the name of the contractor, a description
8of the supply or service provided, the total amount of the
9contract, the term of the contract, and the exception to the
10Code utilized. The chief procurement officer shall submit a
11report to the Governor and General Assembly no later than
12November 1 of each year that shall include, at a minimum, an
13annual summary of the monthly information reported to the
14chief procurement officer.
15    (c) This Code does not apply to the electric power
16procurement process provided for under Section 1-75 of the
17Illinois Power Agency Act and Section 16-111.5 of the Public
18Utilities Act.
19    (d) Except for Section 20-160 and Article 50 of this Code,
20and as expressly required by Section 9.1 of the Illinois
21Lottery Law, the provisions of this Code do not apply to the
22procurement process provided for under Section 9.1 of the
23Illinois Lottery Law.
24    (e) This Code does not apply to the process used by the
25Capital Development Board to retain a person or entity to
26assist the Capital Development Board with its duties related

 

 

HB2605- 54 -LRB103 26047 RLC 52402 b

1to the determination of costs of a clean coal SNG brownfield
2facility, as defined by Section 1-10 of the Illinois Power
3Agency Act, as required in subsection (h-3) of Section 9-220
4of the Public Utilities Act, including calculating the range
5of capital costs, the range of operating and maintenance
6costs, or the sequestration costs or monitoring the
7construction of clean coal SNG brownfield facility for the
8full duration of construction.
9    (f) (Blank).
10    (g) (Blank).
11    (h) This Code does not apply to the process to procure or
12contracts entered into in accordance with Sections 11-5.2 and
1311-5.3 of the Illinois Public Aid Code.
14    (i) Each chief procurement officer may access records
15necessary to review whether a contract, purchase, or other
16expenditure is or is not subject to the provisions of this
17Code, unless such records would be subject to attorney-client
18privilege.
19    (j) This Code does not apply to the process used by the
20Capital Development Board to retain an artist or work or works
21of art as required in Section 14 of the Capital Development
22Board Act.
23    (k) This Code does not apply to the process to procure
24contracts, or contracts entered into, by the State Board of
25Elections or the State Electoral Board for hearing officers
26appointed pursuant to the Election Code.

 

 

HB2605- 55 -LRB103 26047 RLC 52402 b

1    (l) This Code does not apply to the processes used by the
2Illinois Student Assistance Commission to procure supplies and
3services paid for from the private funds of the Illinois
4Prepaid Tuition Fund. As used in this subsection (l), "private
5funds" means funds derived from deposits paid into the
6Illinois Prepaid Tuition Trust Fund and the earnings thereon.
7    (m) This Code shall apply regardless of the source of
8funds with which contracts are paid, including federal
9assistance moneys. Except as specifically provided in this
10Code, this Code shall not apply to procurement expenditures
11necessary for the Department of Public Health to conduct the
12Healthy Illinois Survey in accordance with Section 2310-431 of
13the Department of Public Health Powers and Duties Law of the
14Civil Administrative Code of Illinois.
15(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
16101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
171-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
18eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
19102-1116, eff. 1-10-23.)
 
20    Section 26. The Intergovernmental Drug Laws Enforcement
21Act is amended by changing Section 3 as follows:
 
22    (30 ILCS 715/3)  (from Ch. 56 1/2, par. 1703)
23    Sec. 3. A Metropolitan Enforcement Group which meets the
24minimum criteria established in this Section is eligible to

 

 

HB2605- 56 -LRB103 26047 RLC 52402 b

1receive State grants to help defray the costs of operation. To
2be eligible a MEG must:
3        (1) Be established and operating pursuant to
4    intergovernmental contracts written and executed in
5    conformity with the Intergovernmental Cooperation Act, and
6    involve 2 or more units of local government.
7        (2) Establish a MEG Policy Board composed of an
8    elected official, or his designee, and the chief law
9    enforcement officer, or his designee, from each
10    participating unit of local government to oversee the
11    operations of the MEG and make such reports to the
12    Illinois State Police as the Illinois State Police may
13    require.
14        (3) Designate a single appropriate elected official of
15    a participating unit of local government to act as the
16    financial officer of the MEG for all participating units
17    of local government and to receive funds for the operation
18    of the MEG.
19        (4) Limit its operations to enforcement of drug laws;
20    enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,
21    24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3,
22    24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8,
23    24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code
24    of 2012; Sections 2, 3, 6.1, and 14 of the Firearm Owners
25    Identification Card Act; and the investigation of
26    streetgang related offenses.

 

 

HB2605- 57 -LRB103 26047 RLC 52402 b

1        (5) Cooperate with the Illinois State Police in order
2    to assure compliance with this Act and to enable the
3    Illinois State Police to fulfill its duties under this
4    Act, and supply the Illinois State Police with all
5    information the Illinois State Police deems necessary
6    therefor.
7        (6) Receive funding of at least 50% of the total
8    operating budget of the MEG from the participating units
9    of local government.
10(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
11102-813, eff. 5-13-22.)
 
12    Section 30. The Peace Officer Firearm Training Act is
13amended by changing Section 1 as follows:
 
14    (50 ILCS 710/1)  (from Ch. 85, par. 515)
15    Sec. 1. Definitions. As used in this Act:
16    (a) "Peace officer" means (i) any person who by virtue of
17his office or public employment is vested by law with a primary
18duty to maintain public order or to make arrests for offenses,
19whether that duty extends to all offenses or is limited to
20specific offenses, and who is employed in such capacity by any
21county or municipality or (ii) any retired law enforcement
22officers qualified under federal law to carry a concealed
23weapon.
24    (a-5) "Probation officer" means a county probation officer

 

 

HB2605- 58 -LRB103 26047 RLC 52402 b

1authorized by the Chief Judge of the Circuit Court to carry a
2firearm as part of his or her duties under Section 12 of the
3Probation and Probation Officers Act and Section 24-2 of the
4Criminal Code of 2012.
5    (b) "Firearms" means any weapon or device defined as a
6firearm in Section 2-7.5 of the Criminal Code of 2012 1.1 of
7"An Act relating to the acquisition, possession and transfer
8of firearms and firearm ammunition, to provide a penalty for
9the violation thereof and to make an appropriation in
10connection therewith", approved August 3, 1967, as amended.
11(Source: P.A. 98-725, eff. 1-1-15.)
 
12    Section 35. The School Code is amended by changing
13Sections 10-22.6, 10-27.1A and 34-8.05 as follows:
 
14    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
15    (Text of Section before amendment by P.A. 102-466)
16    Sec. 10-22.6. Suspension or expulsion of pupils; school
17searches.
18    (a) To expel pupils guilty of gross disobedience or
19misconduct, including gross disobedience or misconduct
20perpetuated by electronic means, pursuant to subsection (b-20)
21of this Section, and no action shall lie against them for such
22expulsion. Expulsion shall take place only after the parents
23have been requested to appear at a meeting of the board, or
24with a hearing officer appointed by it, to discuss their

 

 

HB2605- 59 -LRB103 26047 RLC 52402 b

1child's behavior. Such request shall be made by registered or
2certified mail and shall state the time, place and purpose of
3the meeting. The board, or a hearing officer appointed by it,
4at such meeting shall state the reasons for dismissal and the
5date on which the expulsion is to become effective. If a
6hearing officer is appointed by the board, he shall report to
7the board a written summary of the evidence heard at the
8meeting and the board may take such action thereon as it finds
9appropriate. If the board acts to expel a pupil, the written
10expulsion decision shall detail the specific reasons why
11removing the pupil from the learning environment is in the
12best interest of the school. The expulsion decision shall also
13include a rationale as to the specific duration of the
14expulsion. An expelled pupil may be immediately transferred to
15an alternative program in the manner provided in Article 13A
16or 13B of this Code. A pupil must not be denied transfer
17because of the expulsion, except in cases in which such
18transfer is deemed to cause a threat to the safety of students
19or staff in the alternative program.
20    (b) To suspend or by policy to authorize the
21superintendent of the district or the principal, assistant
22principal, or dean of students of any school to suspend pupils
23guilty of gross disobedience or misconduct, or to suspend
24pupils guilty of gross disobedience or misconduct on the
25school bus from riding the school bus, pursuant to subsections
26(b-15) and (b-20) of this Section, and no action shall lie

 

 

HB2605- 60 -LRB103 26047 RLC 52402 b

1against them for such suspension. The board may by policy
2authorize the superintendent of the district or the principal,
3assistant principal, or dean of students of any school to
4suspend pupils guilty of such acts for a period not to exceed
510 school days. If a pupil is suspended due to gross
6disobedience or misconduct on a school bus, the board may
7suspend the pupil in excess of 10 school days for safety
8reasons.
9    Any suspension shall be reported immediately to the
10parents or guardian of a pupil along with a full statement of
11the reasons for such suspension and a notice of their right to
12a review. The school board must be given a summary of the
13notice, including the reason for the suspension and the
14suspension length. Upon request of the parents or guardian,
15the school board or a hearing officer appointed by it shall
16review such action of the superintendent or principal,
17assistant principal, or dean of students. At such review, the
18parents or guardian of the pupil may appear and discuss the
19suspension with the board or its hearing officer. If a hearing
20officer is appointed by the board, he shall report to the board
21a written summary of the evidence heard at the meeting. After
22its hearing or upon receipt of the written report of its
23hearing officer, the board may take such action as it finds
24appropriate. If a student is suspended pursuant to this
25subsection (b), the board shall, in the written suspension
26decision, detail the specific act of gross disobedience or

 

 

HB2605- 61 -LRB103 26047 RLC 52402 b

1misconduct resulting in the decision to suspend. The
2suspension decision shall also include a rationale as to the
3specific duration of the suspension. A pupil who is suspended
4in excess of 20 school days may be immediately transferred to
5an alternative program in the manner provided in Article 13A
6or 13B of this Code. A pupil must not be denied transfer
7because of the suspension, except in cases in which such
8transfer is deemed to cause a threat to the safety of students
9or staff in the alternative program.
10    (b-5) Among the many possible disciplinary interventions
11and consequences available to school officials, school
12exclusions, such as out-of-school suspensions and expulsions,
13are the most serious. School officials shall limit the number
14and duration of expulsions and suspensions to the greatest
15extent practicable, and it is recommended that they use them
16only for legitimate educational purposes. To ensure that
17students are not excluded from school unnecessarily, it is
18recommended that school officials consider forms of
19non-exclusionary discipline prior to using out-of-school
20suspensions or expulsions.
21    (b-10) Unless otherwise required by federal law or this
22Code, school boards may not institute zero-tolerance policies
23by which school administrators are required to suspend or
24expel students for particular behaviors.
25    (b-15) Out-of-school suspensions of 3 days or less may be
26used only if the student's continuing presence in school would

 

 

HB2605- 62 -LRB103 26047 RLC 52402 b

1pose a threat to school safety or a disruption to other
2students' learning opportunities. For purposes of this
3subsection (b-15), "threat to school safety or a disruption to
4other students' learning opportunities" shall be determined on
5a case-by-case basis by the school board or its designee.
6School officials shall make all reasonable efforts to resolve
7such threats, address such disruptions, and minimize the
8length of suspensions to the greatest extent practicable.
9    (b-20) Unless otherwise required by this Code,
10out-of-school suspensions of longer than 3 days, expulsions,
11and disciplinary removals to alternative schools may be used
12only if other appropriate and available behavioral and
13disciplinary interventions have been exhausted and the
14student's continuing presence in school would either (i) pose
15a threat to the safety of other students, staff, or members of
16the school community or (ii) substantially disrupt, impede, or
17interfere with the operation of the school. For purposes of
18this subsection (b-20), "threat to the safety of other
19students, staff, or members of the school community" and
20"substantially disrupt, impede, or interfere with the
21operation of the school" shall be determined on a case-by-case
22basis by school officials. For purposes of this subsection
23(b-20), the determination of whether "appropriate and
24available behavioral and disciplinary interventions have been
25exhausted" shall be made by school officials. School officials
26shall make all reasonable efforts to resolve such threats,

 

 

HB2605- 63 -LRB103 26047 RLC 52402 b

1address such disruptions, and minimize the length of student
2exclusions to the greatest extent practicable. Within the
3suspension decision described in subsection (b) of this
4Section or the expulsion decision described in subsection (a)
5of this Section, it shall be documented whether other
6interventions were attempted or whether it was determined that
7there were no other appropriate and available interventions.
8    (b-25) Students who are suspended out-of-school for longer
9than 4 school days shall be provided appropriate and available
10support services during the period of their suspension. For
11purposes of this subsection (b-25), "appropriate and available
12support services" shall be determined by school authorities.
13Within the suspension decision described in subsection (b) of
14this Section, it shall be documented whether such services are
15to be provided or whether it was determined that there are no
16such appropriate and available services.
17    A school district may refer students who are expelled to
18appropriate and available support services.
19    A school district shall create a policy to facilitate the
20re-engagement of students who are suspended out-of-school,
21expelled, or returning from an alternative school setting.
22    (b-30) A school district shall create a policy by which
23suspended pupils, including those pupils suspended from the
24school bus who do not have alternate transportation to school,
25shall have the opportunity to make up work for equivalent
26academic credit. It shall be the responsibility of a pupil's

 

 

HB2605- 64 -LRB103 26047 RLC 52402 b

1parent or guardian to notify school officials that a pupil
2suspended from the school bus does not have alternate
3transportation to school.
4    (c) A school board must invite a representative from a
5local mental health agency to consult with the board at the
6meeting whenever there is evidence that mental illness may be
7the cause of a student's expulsion or suspension.
8    (c-5) School districts shall make reasonable efforts to
9provide ongoing professional development to teachers,
10administrators, school board members, school resource
11officers, and staff on the adverse consequences of school
12exclusion and justice-system involvement, effective classroom
13management strategies, culturally responsive discipline, the
14appropriate and available supportive services for the
15promotion of student attendance and engagement, and
16developmentally appropriate disciplinary methods that promote
17positive and healthy school climates.
18    (d) The board may expel a student for a definite period of
19time not to exceed 2 calendar years, as determined on a
20case-by-case basis. A student who is determined to have
21brought one of the following objects to school, any
22school-sponsored activity or event, or any activity or event
23that bears a reasonable relationship to school shall be
24expelled for a period of not less than one year:
25        (1) A firearm. For the purposes of this Section,
26    "firearm" means any gun, rifle, shotgun, weapon as defined

 

 

HB2605- 65 -LRB103 26047 RLC 52402 b

1    by Section 921 of Title 18 of the United States Code,
2    firearm as defined in Section 2-7.5 1.1 of the Firearm
3    Owners Identification Card Act, or firearm as defined in
4    Section 24-1 of the Criminal Code of 2012. The expulsion
5    period under this subdivision (1) may be modified by the
6    superintendent, and the superintendent's determination may
7    be modified by the board on a case-by-case basis.
8        (2) A knife, brass knuckles or other knuckle weapon
9    regardless of its composition, a billy club, or any other
10    object if used or attempted to be used to cause bodily
11    harm, including "look alikes" of any firearm as defined in
12    subdivision (1) of this subsection (d). The expulsion
13    requirement under this subdivision (2) may be modified by
14    the superintendent, and the superintendent's determination
15    may be modified by the board on a case-by-case basis.
16Expulsion or suspension shall be construed in a manner
17consistent with the federal Individuals with Disabilities
18Education Act. A student who is subject to suspension or
19expulsion as provided in this Section may be eligible for a
20transfer to an alternative school program in accordance with
21Article 13A of the School Code.
22    (d-5) The board may suspend or by regulation authorize the
23superintendent of the district or the principal, assistant
24principal, or dean of students of any school to suspend a
25student for a period not to exceed 10 school days or may expel
26a student for a definite period of time not to exceed 2

 

 

HB2605- 66 -LRB103 26047 RLC 52402 b

1calendar years, as determined on a case-by-case basis, if (i)
2that student has been determined to have made an explicit
3threat on an Internet website against a school employee, a
4student, or any school-related personnel, (ii) the Internet
5website through which the threat was made is a site that was
6accessible within the school at the time the threat was made or
7was available to third parties who worked or studied within
8the school grounds at the time the threat was made, and (iii)
9the threat could be reasonably interpreted as threatening to
10the safety and security of the threatened individual because
11of his or her duties or employment status or status as a
12student inside the school.
13    (e) To maintain order and security in the schools, school
14authorities may inspect and search places and areas such as
15lockers, desks, parking lots, and other school property and
16equipment owned or controlled by the school, as well as
17personal effects left in those places and areas by students,
18without notice to or the consent of the student, and without a
19search warrant. As a matter of public policy, the General
20Assembly finds that students have no reasonable expectation of
21privacy in these places and areas or in their personal effects
22left in these places and areas. School authorities may request
23the assistance of law enforcement officials for the purpose of
24conducting inspections and searches of lockers, desks, parking
25lots, and other school property and equipment owned or
26controlled by the school for illegal drugs, weapons, or other

 

 

HB2605- 67 -LRB103 26047 RLC 52402 b

1illegal or dangerous substances or materials, including
2searches conducted through the use of specially trained dogs.
3If a search conducted in accordance with this Section produces
4evidence that the student has violated or is violating either
5the law, local ordinance, or the school's policies or rules,
6such evidence may be seized by school authorities, and
7disciplinary action may be taken. School authorities may also
8turn over such evidence to law enforcement authorities.
9    (f) Suspension or expulsion may include suspension or
10expulsion from school and all school activities and a
11prohibition from being present on school grounds.
12    (g) A school district may adopt a policy providing that if
13a student is suspended or expelled for any reason from any
14public or private school in this or any other state, the
15student must complete the entire term of the suspension or
16expulsion in an alternative school program under Article 13A
17of this Code or an alternative learning opportunities program
18under Article 13B of this Code before being admitted into the
19school district if there is no threat to the safety of students
20or staff in the alternative program.
21    (h) School officials shall not advise or encourage
22students to drop out voluntarily due to behavioral or academic
23difficulties.
24    (i) A student may not be issued a monetary fine or fee as a
25disciplinary consequence, though this shall not preclude
26requiring a student to provide restitution for lost, stolen,

 

 

HB2605- 68 -LRB103 26047 RLC 52402 b

1or damaged property.
2    (j) Subsections (a) through (i) of this Section shall
3apply to elementary and secondary schools, charter schools,
4special charter districts, and school districts organized
5under Article 34 of this Code.
6    (k) The expulsion of children enrolled in programs funded
7under Section 1C-2 of this Code is subject to the requirements
8under paragraph (7) of subsection (a) of Section 2-3.71 of
9this Code.
10    (l) Beginning with the 2018-2019 school year, an in-school
11suspension program provided by a school district for any
12students in kindergarten through grade 12 may focus on
13promoting non-violent conflict resolution and positive
14interaction with other students and school personnel. A school
15district may employ a school social worker or a licensed
16mental health professional to oversee an in-school suspension
17program in kindergarten through grade 12.
18(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
19102-813, eff. 5-13-22.)
 
20    (Text of Section after amendment by P.A. 102-466)
21    Sec. 10-22.6. Suspension or expulsion of pupils; school
22searches.
23    (a) To expel pupils guilty of gross disobedience or
24misconduct, including gross disobedience or misconduct
25perpetuated by electronic means, pursuant to subsection (b-20)

 

 

HB2605- 69 -LRB103 26047 RLC 52402 b

1of this Section, and no action shall lie against them for such
2expulsion. Expulsion shall take place only after the parents
3or guardians have been requested to appear at a meeting of the
4board, or with a hearing officer appointed by it, to discuss
5their child's behavior. Such request shall be made by
6registered or certified mail and shall state the time, place
7and purpose of the meeting. The board, or a hearing officer
8appointed by it, at such meeting shall state the reasons for
9dismissal and the date on which the expulsion is to become
10effective. If a hearing officer is appointed by the board, he
11shall report to the board a written summary of the evidence
12heard at the meeting and the board may take such action thereon
13as it finds appropriate. If the board acts to expel a pupil,
14the written expulsion decision shall detail the specific
15reasons why removing the pupil from the learning environment
16is in the best interest of the school. The expulsion decision
17shall also include a rationale as to the specific duration of
18the expulsion. An expelled pupil may be immediately
19transferred to an alternative program in the manner provided
20in Article 13A or 13B of this Code. A pupil must not be denied
21transfer because of the expulsion, except in cases in which
22such transfer is deemed to cause a threat to the safety of
23students or staff in the alternative program.
24    (b) To suspend or by policy to authorize the
25superintendent of the district or the principal, assistant
26principal, or dean of students of any school to suspend pupils

 

 

HB2605- 70 -LRB103 26047 RLC 52402 b

1guilty of gross disobedience or misconduct, or to suspend
2pupils guilty of gross disobedience or misconduct on the
3school bus from riding the school bus, pursuant to subsections
4(b-15) and (b-20) of this Section, and no action shall lie
5against them for such suspension. The board may by policy
6authorize the superintendent of the district or the principal,
7assistant principal, or dean of students of any school to
8suspend pupils guilty of such acts for a period not to exceed
910 school days. If a pupil is suspended due to gross
10disobedience or misconduct on a school bus, the board may
11suspend the pupil in excess of 10 school days for safety
12reasons.
13    Any suspension shall be reported immediately to the
14parents or guardians of a pupil along with a full statement of
15the reasons for such suspension and a notice of their right to
16a review. The school board must be given a summary of the
17notice, including the reason for the suspension and the
18suspension length. Upon request of the parents or guardians,
19the school board or a hearing officer appointed by it shall
20review such action of the superintendent or principal,
21assistant principal, or dean of students. At such review, the
22parents or guardians of the pupil may appear and discuss the
23suspension with the board or its hearing officer. If a hearing
24officer is appointed by the board, he shall report to the board
25a written summary of the evidence heard at the meeting. After
26its hearing or upon receipt of the written report of its

 

 

HB2605- 71 -LRB103 26047 RLC 52402 b

1hearing officer, the board may take such action as it finds
2appropriate. If a student is suspended pursuant to this
3subsection (b), the board shall, in the written suspension
4decision, detail the specific act of gross disobedience or
5misconduct resulting in the decision to suspend. The
6suspension decision shall also include a rationale as to the
7specific duration of the suspension. A pupil who is suspended
8in excess of 20 school days may be immediately transferred to
9an alternative program in the manner provided in Article 13A
10or 13B of this Code. A pupil must not be denied transfer
11because of the suspension, except in cases in which such
12transfer is deemed to cause a threat to the safety of students
13or staff in the alternative program.
14    (b-5) Among the many possible disciplinary interventions
15and consequences available to school officials, school
16exclusions, such as out-of-school suspensions and expulsions,
17are the most serious. School officials shall limit the number
18and duration of expulsions and suspensions to the greatest
19extent practicable, and it is recommended that they use them
20only for legitimate educational purposes. To ensure that
21students are not excluded from school unnecessarily, it is
22recommended that school officials consider forms of
23non-exclusionary discipline prior to using out-of-school
24suspensions or expulsions.
25    (b-10) Unless otherwise required by federal law or this
26Code, school boards may not institute zero-tolerance policies

 

 

HB2605- 72 -LRB103 26047 RLC 52402 b

1by which school administrators are required to suspend or
2expel students for particular behaviors.
3    (b-15) Out-of-school suspensions of 3 days or less may be
4used only if the student's continuing presence in school would
5pose a threat to school safety or a disruption to other
6students' learning opportunities. For purposes of this
7subsection (b-15), "threat to school safety or a disruption to
8other students' learning opportunities" shall be determined on
9a case-by-case basis by the school board or its designee.
10School officials shall make all reasonable efforts to resolve
11such threats, address such disruptions, and minimize the
12length of suspensions to the greatest extent practicable.
13    (b-20) Unless otherwise required by this Code,
14out-of-school suspensions of longer than 3 days, expulsions,
15and disciplinary removals to alternative schools may be used
16only if other appropriate and available behavioral and
17disciplinary interventions have been exhausted and the
18student's continuing presence in school would either (i) pose
19a threat to the safety of other students, staff, or members of
20the school community or (ii) substantially disrupt, impede, or
21interfere with the operation of the school. For purposes of
22this subsection (b-20), "threat to the safety of other
23students, staff, or members of the school community" and
24"substantially disrupt, impede, or interfere with the
25operation of the school" shall be determined on a case-by-case
26basis by school officials. For purposes of this subsection

 

 

HB2605- 73 -LRB103 26047 RLC 52402 b

1(b-20), the determination of whether "appropriate and
2available behavioral and disciplinary interventions have been
3exhausted" shall be made by school officials. School officials
4shall make all reasonable efforts to resolve such threats,
5address such disruptions, and minimize the length of student
6exclusions to the greatest extent practicable. Within the
7suspension decision described in subsection (b) of this
8Section or the expulsion decision described in subsection (a)
9of this Section, it shall be documented whether other
10interventions were attempted or whether it was determined that
11there were no other appropriate and available interventions.
12    (b-25) Students who are suspended out-of-school for longer
13than 4 school days shall be provided appropriate and available
14support services during the period of their suspension. For
15purposes of this subsection (b-25), "appropriate and available
16support services" shall be determined by school authorities.
17Within the suspension decision described in subsection (b) of
18this Section, it shall be documented whether such services are
19to be provided or whether it was determined that there are no
20such appropriate and available services.
21    A school district may refer students who are expelled to
22appropriate and available support services.
23    A school district shall create a policy to facilitate the
24re-engagement of students who are suspended out-of-school,
25expelled, or returning from an alternative school setting.
26    (b-30) A school district shall create a policy by which

 

 

HB2605- 74 -LRB103 26047 RLC 52402 b

1suspended pupils, including those pupils suspended from the
2school bus who do not have alternate transportation to school,
3shall have the opportunity to make up work for equivalent
4academic credit. It shall be the responsibility of a pupil's
5parents or guardians to notify school officials that a pupil
6suspended from the school bus does not have alternate
7transportation to school.
8    (b-35) In all suspension review hearings conducted under
9subsection (b) or expulsion hearings conducted under
10subsection (a), a student may disclose any factor to be
11considered in mitigation, including his or her status as a
12parent, expectant parent, or victim of domestic or sexual
13violence, as defined in Article 26A. A representative of the
14parent's or guardian's choice, or of the student's choice if
15emancipated, must be permitted to represent the student
16throughout the proceedings and to address the school board or
17its appointed hearing officer. With the approval of the
18student's parent or guardian, or of the student if
19emancipated, a support person must be permitted to accompany
20the student to any disciplinary hearings or proceedings. The
21representative or support person must comply with any rules of
22the school district's hearing process. If the representative
23or support person violates the rules or engages in behavior or
24advocacy that harasses, abuses, or intimidates either party, a
25witness, or anyone else in attendance at the hearing, the
26representative or support person may be prohibited from

 

 

HB2605- 75 -LRB103 26047 RLC 52402 b

1further participation in the hearing or proceeding. A
2suspension or expulsion proceeding under this subsection
3(b-35) must be conducted independently from any ongoing
4criminal investigation or proceeding, and an absence of
5pending or possible criminal charges, criminal investigations,
6or proceedings may not be a factor in school disciplinary
7decisions.
8    (b-40) During a suspension review hearing conducted under
9subsection (b) or an expulsion hearing conducted under
10subsection (a) that involves allegations of sexual violence by
11the student who is subject to discipline, neither the student
12nor his or her representative shall directly question nor have
13direct contact with the alleged victim. The student who is
14subject to discipline or his or her representative may, at the
15discretion and direction of the school board or its appointed
16hearing officer, suggest questions to be posed by the school
17board or its appointed hearing officer to the alleged victim.
18    (c) A school board must invite a representative from a
19local mental health agency to consult with the board at the
20meeting whenever there is evidence that mental illness may be
21the cause of a student's expulsion or suspension.
22    (c-5) School districts shall make reasonable efforts to
23provide ongoing professional development to teachers,
24administrators, school board members, school resource
25officers, and staff on the adverse consequences of school
26exclusion and justice-system involvement, effective classroom

 

 

HB2605- 76 -LRB103 26047 RLC 52402 b

1management strategies, culturally responsive discipline, the
2appropriate and available supportive services for the
3promotion of student attendance and engagement, and
4developmentally appropriate disciplinary methods that promote
5positive and healthy school climates.
6    (d) The board may expel a student for a definite period of
7time not to exceed 2 calendar years, as determined on a
8case-by-case basis. A student who is determined to have
9brought one of the following objects to school, any
10school-sponsored activity or event, or any activity or event
11that bears a reasonable relationship to school shall be
12expelled for a period of not less than one year:
13        (1) A firearm. For the purposes of this Section,
14    "firearm" means any gun, rifle, shotgun, weapon as defined
15    by Section 921 of Title 18 of the United States Code,
16    firearm as defined in Section 2-7.5 1.1 of the Firearm
17    Owners Identification Card Act, or firearm as defined in
18    Section 24-1 of the Criminal Code of 2012. The expulsion
19    period under this subdivision (1) may be modified by the
20    superintendent, and the superintendent's determination may
21    be modified by the board on a case-by-case basis.
22        (2) A knife, brass knuckles or other knuckle weapon
23    regardless of its composition, a billy club, or any other
24    object if used or attempted to be used to cause bodily
25    harm, including "look alikes" of any firearm as defined in
26    subdivision (1) of this subsection (d). The expulsion

 

 

HB2605- 77 -LRB103 26047 RLC 52402 b

1    requirement under this subdivision (2) may be modified by
2    the superintendent, and the superintendent's determination
3    may be modified by the board on a case-by-case basis.
4Expulsion or suspension shall be construed in a manner
5consistent with the federal Individuals with Disabilities
6Education Act. A student who is subject to suspension or
7expulsion as provided in this Section may be eligible for a
8transfer to an alternative school program in accordance with
9Article 13A of the School Code.
10    (d-5) The board may suspend or by regulation authorize the
11superintendent of the district or the principal, assistant
12principal, or dean of students of any school to suspend a
13student for a period not to exceed 10 school days or may expel
14a student for a definite period of time not to exceed 2
15calendar years, as determined on a case-by-case basis, if (i)
16that student has been determined to have made an explicit
17threat on an Internet website against a school employee, a
18student, or any school-related personnel, (ii) the Internet
19website through which the threat was made is a site that was
20accessible within the school at the time the threat was made or
21was available to third parties who worked or studied within
22the school grounds at the time the threat was made, and (iii)
23the threat could be reasonably interpreted as threatening to
24the safety and security of the threatened individual because
25of his or her duties or employment status or status as a
26student inside the school.

 

 

HB2605- 78 -LRB103 26047 RLC 52402 b

1    (e) To maintain order and security in the schools, school
2authorities may inspect and search places and areas such as
3lockers, desks, parking lots, and other school property and
4equipment owned or controlled by the school, as well as
5personal effects left in those places and areas by students,
6without notice to or the consent of the student, and without a
7search warrant. As a matter of public policy, the General
8Assembly finds that students have no reasonable expectation of
9privacy in these places and areas or in their personal effects
10left in these places and areas. School authorities may request
11the assistance of law enforcement officials for the purpose of
12conducting inspections and searches of lockers, desks, parking
13lots, and other school property and equipment owned or
14controlled by the school for illegal drugs, weapons, or other
15illegal or dangerous substances or materials, including
16searches conducted through the use of specially trained dogs.
17If a search conducted in accordance with this Section produces
18evidence that the student has violated or is violating either
19the law, local ordinance, or the school's policies or rules,
20such evidence may be seized by school authorities, and
21disciplinary action may be taken. School authorities may also
22turn over such evidence to law enforcement authorities.
23    (f) Suspension or expulsion may include suspension or
24expulsion from school and all school activities and a
25prohibition from being present on school grounds.
26    (g) A school district may adopt a policy providing that if

 

 

HB2605- 79 -LRB103 26047 RLC 52402 b

1a student is suspended or expelled for any reason from any
2public or private school in this or any other state, the
3student must complete the entire term of the suspension or
4expulsion in an alternative school program under Article 13A
5of this Code or an alternative learning opportunities program
6under Article 13B of this Code before being admitted into the
7school district if there is no threat to the safety of students
8or staff in the alternative program. A school district that
9adopts a policy under this subsection (g) must include a
10provision allowing for consideration of any mitigating
11factors, including, but not limited to, a student's status as
12a parent, expectant parent, or victim of domestic or sexual
13violence, as defined in Article 26A.
14    (h) School officials shall not advise or encourage
15students to drop out voluntarily due to behavioral or academic
16difficulties.
17    (i) A student may not be issued a monetary fine or fee as a
18disciplinary consequence, though this shall not preclude
19requiring a student to provide restitution for lost, stolen,
20or damaged property.
21    (j) Subsections (a) through (i) of this Section shall
22apply to elementary and secondary schools, charter schools,
23special charter districts, and school districts organized
24under Article 34 of this Code.
25    (k) The expulsion of children enrolled in programs funded
26under Section 1C-2 of this Code is subject to the requirements

 

 

HB2605- 80 -LRB103 26047 RLC 52402 b

1under paragraph (7) of subsection (a) of Section 2-3.71 of
2this Code.
3    (l) Beginning with the 2018-2019 school year, an in-school
4suspension program provided by a school district for any
5students in kindergarten through grade 12 may focus on
6promoting non-violent conflict resolution and positive
7interaction with other students and school personnel. A school
8district may employ a school social worker or a licensed
9mental health professional to oversee an in-school suspension
10program in kindergarten through grade 12.
11(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
12102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
13    (105 ILCS 5/10-27.1A)
14    Sec. 10-27.1A. Firearms in schools.
15    (a) All school officials, including teachers, school
16counselors, and support staff, shall immediately notify the
17office of the principal in the event that they observe any
18person in possession of a firearm on school grounds; provided
19that taking such immediate action to notify the office of the
20principal would not immediately endanger the health, safety,
21or welfare of students who are under the direct supervision of
22the school official or the school official. If the health,
23safety, or welfare of students under the direct supervision of
24the school official or of the school official is immediately
25endangered, the school official shall notify the office of the

 

 

HB2605- 81 -LRB103 26047 RLC 52402 b

1principal as soon as the students under his or her supervision
2and he or she are no longer under immediate danger. A report is
3not required by this Section when the school official knows
4that the person in possession of the firearm is a law
5enforcement official engaged in the conduct of his or her
6official duties. Any school official acting in good faith who
7makes such a report under this Section shall have immunity
8from any civil or criminal liability that might otherwise be
9incurred as a result of making the report. The identity of the
10school official making such report shall not be disclosed
11except as expressly and specifically authorized by law.
12Knowingly and willfully failing to comply with this Section is
13a petty offense. A second or subsequent offense is a Class C
14misdemeanor.
15    (b) Upon receiving a report from any school official
16pursuant to this Section, or from any other person, the
17principal or his or her designee shall immediately notify a
18local law enforcement agency. If the person found to be in
19possession of a firearm on school grounds is a student, the
20principal or his or her designee shall also immediately notify
21that student's parent or guardian. Any principal or his or her
22designee acting in good faith who makes such reports under
23this Section shall have immunity from any civil or criminal
24liability that might otherwise be incurred or imposed as a
25result of making the reports. Knowingly and willfully failing
26to comply with this Section is a petty offense. A second or

 

 

HB2605- 82 -LRB103 26047 RLC 52402 b

1subsequent offense is a Class C misdemeanor. If the person
2found to be in possession of the firearm on school grounds is a
3minor, the law enforcement agency shall detain that minor
4until such time as the agency makes a determination pursuant
5to clause (a) of subsection (1) of Section 5-401 of the
6Juvenile Court Act of 1987, as to whether the agency
7reasonably believes that the minor is delinquent. If the law
8enforcement agency determines that probable cause exists to
9believe that the minor committed a violation of item (4) of
10subsection (a) of Section 24-1 of the Criminal Code of 2012
11while on school grounds, the agency shall detain the minor for
12processing pursuant to Section 5-407 of the Juvenile Court Act
13of 1987.
14    (c) On or after January 1, 1997, upon receipt of any
15written, electronic, or verbal report from any school
16personnel regarding a verified incident involving a firearm in
17a school or on school owned or leased property, including any
18conveyance owned, leased, or used by the school for the
19transport of students or school personnel, the superintendent
20or his or her designee shall report all such firearm-related
21incidents occurring in a school or on school property to the
22local law enforcement authorities immediately and to the
23Illinois State Police in a form, manner, and frequency as
24prescribed by the Illinois State Police.
25    The State Board of Education shall receive an annual
26statistical compilation and related data associated with

 

 

HB2605- 83 -LRB103 26047 RLC 52402 b

1incidents involving firearms in schools from the Illinois
2State Police. The State Board of Education shall compile this
3information by school district and make it available to the
4public.
5    (d) As used in this Section, the term "firearm" shall have
6the meaning ascribed to it in Section 2-7.5 of the Criminal
7Code of 2012 1.1 of the Firearm Owners Identification Card
8Act.
9    As used in this Section, the term "school" means any
10public or private elementary or secondary school.
11    As used in this Section, the term "school grounds"
12includes the real property comprising any school, any
13conveyance owned, leased, or contracted by a school to
14transport students to or from school or a school-related
15activity, or any public way within 1,000 feet of the real
16property comprising any school.
17(Source: P.A. 102-197, eff. 7-30-21; 102-538, eff. 8-20-21;
18102-813, eff. 5-13-22.)
 
19    (105 ILCS 5/34-8.05)
20    Sec. 34-8.05. Reporting firearms in schools. On or after
21January 1, 1997, upon receipt of any written, electronic, or
22verbal report from any school personnel regarding a verified
23incident involving a firearm in a school or on school owned or
24leased property, including any conveyance owned, leased, or
25used by the school for the transport of students or school

 

 

HB2605- 84 -LRB103 26047 RLC 52402 b

1personnel, the general superintendent or his or her designee
2shall report all such firearm-related incidents occurring in a
3school or on school property to the local law enforcement
4authorities no later than 24 hours after the occurrence of the
5incident and to the Illinois State Police in a form, manner,
6and frequency as prescribed by the Illinois State Police.
7    The State Board of Education shall receive an annual
8statistical compilation and related data associated with
9incidents involving firearms in schools from the Illinois
10State Police. As used in this Section, the term "firearm"
11shall have the meaning ascribed to it in Section 2-7.5 of the
12Criminal Code of 2012 1.1 of the Firearm Owners Identification
13Card Act.
14(Source: P.A. 102-538, eff. 8-20-21.)
 
15    Section 40. The Illinois Explosives Act is amended by
16changing Section 2005 as follows:
 
17    (225 ILCS 210/2005)  (from Ch. 96 1/2, par. 1-2005)
18    Sec. 2005. Qualifications for licensure.
19    (a) No person shall qualify to hold a license who:
20        (1) is under 21 years of age;
21        (2) has been convicted in any court of a crime
22    punishable by imprisonment for a term exceeding one year;
23        (3) is under indictment for a crime punishable by
24    imprisonment for a term exceeding one year;

 

 

HB2605- 85 -LRB103 26047 RLC 52402 b

1        (4) is a fugitive from justice;
2        (5) is an unlawful user of or addicted to any
3    controlled substance as defined in Section 102 of the
4    federal Controlled Substances Act (21 U.S.C. Sec. 802 et
5    seq.);
6        (6) has been adjudicated a person with a mental
7    disability as defined in Section 6-103.1 of the Mental
8    Health and Developmental Disabilities Code 1.1 of the
9    Firearm Owners Identification Card Act; or
10        (7) is not a legal citizen of the United States or
11    lawfully admitted for permanent residence.
12    (b) A person who has been granted a "relief from
13disabilities" regarding criminal convictions and indictments,
14pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
15845) may receive a license provided all other qualifications
16under this Act are met.
17(Source: P.A. 101-541, eff. 8-23-19.)
 
18    Section 45. The Private Detective, Private Alarm, Private
19Security, and Locksmith Act of 2004 is amended by changing
20Sections 35-30 and 35-35 as follows:
 
21    (225 ILCS 447/35-30)
22    (Section scheduled to be repealed on January 1, 2024)
23    Sec. 35-30. Employee requirements. All employees of a
24licensed agency, other than those exempted, shall apply for a

 

 

HB2605- 86 -LRB103 26047 RLC 52402 b

1permanent employee registration card. The holder of an agency
2license issued under this Act, known in this Section as
3"employer", may employ in the conduct of his or her business
4employees under the following provisions:
5    (a) No person shall be issued a permanent employee
6registration card who:
7        (1) Is younger than 18 years of age.
8        (2) Is younger than 21 years of age if the services
9    will include being armed.
10        (3) Has been determined by the Department to be unfit
11    by reason of conviction of an offense in this or another
12    state, including registration as a sex offender, but not
13    including a traffic offense. Persons convicted of felonies
14    involving bodily harm, weapons, violence, or theft within
15    the previous 10 years shall be presumed to be unfit for
16    registration. The Department shall adopt rules for making
17    those determinations that shall afford the applicant due
18    process of law.
19        (4) Has had a license or permanent employee
20    registration card denied, suspended, or revoked under this
21    Act (i) within one year before the date the person's
22    application for permanent employee registration card is
23    received by the Department; and (ii) that refusal, denial,
24    suspension, or revocation was based on any provision of
25    this Act other than Section 40-50, item (6) or (8) of
26    subsection (a) of Section 15-10, subsection (b) of Section

 

 

HB2605- 87 -LRB103 26047 RLC 52402 b

1    15-10, item (6) or (8) of subsection (a) of Section 20-10,
2    subsection (b) of Section 20-10, item (6) or (8) of
3    subsection (a) of Section 25-10, subsection (b) of Section
4    25-10, item (7) of subsection (a) of Section 30-10,
5    subsection (b) of Section 30-10, or Section 10-40.
6        (5) Has been declared incompetent by any court of
7    competent jurisdiction by reason of mental disease or
8    defect and has not been restored.
9        (6) Has been dishonorably discharged from the armed
10    services of the United States.
11    (b) No person may be employed by a private detective
12agency, private security contractor agency, private alarm
13contractor agency, fingerprint vendor agency, or locksmith
14agency under this Section until he or she has executed and
15furnished to the employer, on forms furnished by the
16Department, a verified statement to be known as "Employee's
17Statement" setting forth:
18        (1) The person's full name, age, and residence
19    address.
20        (2) The business or occupation engaged in for the 5
21    years immediately before the date of the execution of the
22    statement, the place where the business or occupation was
23    engaged in, and the names of employers, if any.
24        (3) That the person has not had a license or employee
25    registration denied, revoked, or suspended under this Act
26    (i) within one year before the date the person's

 

 

HB2605- 88 -LRB103 26047 RLC 52402 b

1    application for permanent employee registration card is
2    received by the Department; and (ii) that refusal, denial,
3    suspension, or revocation was based on any provision of
4    this Act other than Section 40-50, item (6) or (8) of
5    subsection (a) of Section 15-10, subsection (b) of Section
6    15-10, item (6) or (8) of subsection (a) of Section 20-10,
7    subsection (b) of Section 20-10, item (6) or (8) of
8    subsection (a) of Section 25-10, subsection (b) of Section
9    25-10, item (7) of subsection (a) of Section 30-10,
10    subsection (b) of Section 30-10, or Section 10-40.
11        (4) Any conviction of a felony or misdemeanor.
12        (5) Any declaration of incompetence by a court of
13    competent jurisdiction that has not been restored.
14        (6) Any dishonorable discharge from the armed services
15    of the United States.
16        (7) Any other information as may be required by any
17    rule of the Department to show the good character,
18    competency, and integrity of the person executing the
19    statement.
20    (c) Each applicant for a permanent employee registration
21card shall have his or her fingerprints submitted to the
22Illinois State Police in an electronic format that complies
23with the form and manner for requesting and furnishing
24criminal history record information as prescribed by the
25Illinois State Police. These fingerprints shall be checked
26against the Illinois State Police and Federal Bureau of

 

 

HB2605- 89 -LRB103 26047 RLC 52402 b

1Investigation criminal history record databases now and
2hereafter filed. The Illinois State Police shall charge
3applicants a fee for conducting the criminal history records
4check, which shall be deposited in the State Police Services
5Fund and shall not exceed the actual cost of the records check.
6The Illinois State Police shall furnish, pursuant to positive
7identification, records of Illinois convictions to the
8Department. The Department may require applicants to pay a
9separate fingerprinting fee, either to the Department or
10directly to the vendor. The Department, in its discretion, may
11allow an applicant who does not have reasonable access to a
12designated vendor to provide his or her fingerprints in an
13alternative manner. The Department, in its discretion, may
14also use other procedures in performing or obtaining criminal
15background checks of applicants. Instead of submitting his or
16her fingerprints, an individual may submit proof that is
17satisfactory to the Department that an equivalent security
18clearance has been conducted. Also, an individual who has
19retired as a peace officer within 12 months of application may
20submit verification, on forms provided by the Department and
21signed by his or her employer, of his or her previous full-time
22employment as a peace officer.
23    (d) The Department shall issue a permanent employee
24registration card, in a form the Department prescribes, to all
25qualified applicants. The holder of a permanent employee
26registration card shall carry the card at all times while

 

 

HB2605- 90 -LRB103 26047 RLC 52402 b

1actually engaged in the performance of the duties of his or her
2employment. Expiration and requirements for renewal of
3permanent employee registration cards shall be established by
4rule of the Department. Possession of a permanent employee
5registration card does not in any way imply that the holder of
6the card is employed by an agency unless the permanent
7employee registration card is accompanied by the employee
8identification card required by subsection (f) of this
9Section.
10    (e) Each employer shall maintain a record of each employee
11that is accessible to the duly authorized representatives of
12the Department. The record shall contain the following
13information:
14        (1) A photograph taken within 10 days of the date that
15    the employee begins employment with the employer. The
16    photograph shall be replaced with a current photograph
17    every 3 calendar years.
18        (2) The Employee's Statement specified in subsection
19    (b) of this Section.
20        (3) All correspondence or documents relating to the
21    character and integrity of the employee received by the
22    employer from any official source or law enforcement
23    agency.
24        (4) In the case of former employees, the employee
25    identification card of that person issued under subsection
26    (f) of this Section. Each employee record shall duly note

 

 

HB2605- 91 -LRB103 26047 RLC 52402 b

1    if the employee is employed in an armed capacity. Armed
2    employee files shall contain a copy of an active firearm
3    owner's identification card and a copy of an active
4    firearm control card. Each employer shall maintain a
5    record for each armed employee of each instance in which
6    the employee's weapon was discharged during the course of
7    his or her professional duties or activities. The record
8    shall be maintained on forms provided by the Department, a
9    copy of which must be filed with the Department within 15
10    days of an instance. The record shall include the date and
11    time of the occurrence, the circumstances involved in the
12    occurrence, and any other information as the Department
13    may require. Failure to provide this information to the
14    Department or failure to maintain the record as a part of
15    each armed employee's permanent file is grounds for
16    disciplinary action. The Department, upon receipt of a
17    report, shall have the authority to make any investigation
18    it considers appropriate into any occurrence in which an
19    employee's weapon was discharged and to take disciplinary
20    action as may be appropriate.
21        (5) A copy of the employee's permanent employee
22    registration card or a copy of the Department's "License
23    Lookup" Webpage showing that the employee has been issued
24    a valid permanent employee registration card by the
25    Department.
26    The Department may, by rule, prescribe further record

 

 

HB2605- 92 -LRB103 26047 RLC 52402 b

1requirements.
2    (f) Every employer shall furnish an employee
3identification card to each of his or her employees. This
4employee identification card shall contain a recent photograph
5of the employee, the employee's name, the name and agency
6license number of the employer, the employee's personal
7description, the signature of the employer, the signature of
8that employee, the date of issuance, and an employee
9identification card number.
10    (g) No employer may issue an employee identification card
11to any person who is not employed by the employer in accordance
12with this Section or falsely state or represent that a person
13is or has been in his or her employ. It is unlawful for an
14applicant for registered employment to file with the
15Department the fingerprints of a person other than himself or
16herself.
17    (h) Every employer shall obtain the identification card of
18every employee who terminates employment with him or her.
19    (i) Every employer shall maintain a separate roster of the
20names of all employees currently working in an armed capacity
21and submit the roster to the Department on request.
22    (j) No agency may employ any person to perform a licensed
23activity under this Act unless the person possesses a valid
24permanent employee registration card or a valid license under
25this Act, or is exempt pursuant to subsection (n).
26    (k) Notwithstanding the provisions of subsection (j), an

 

 

HB2605- 93 -LRB103 26047 RLC 52402 b

1agency may employ a person in a temporary capacity if all of
2the following conditions are met:
3        (1) The agency completes in its entirety and submits
4    to the Department an application for a permanent employee
5    registration card, including the required fingerprint
6    receipt and fees.
7        (2) The agency has verification from the Department
8    that the applicant has no record of any criminal
9    conviction pursuant to the criminal history check
10    conducted by the Illinois State Police. The agency shall
11    maintain the verification of the results of the Illinois
12    State Police criminal history check as part of the
13    employee record as required under subsection (e) of this
14    Section.
15        (3) The agency exercises due diligence to ensure that
16    the person is qualified under the requirements of the Act
17    to be issued a permanent employee registration card.
18        (4) The agency maintains a separate roster of the
19    names of all employees whose applications are currently
20    pending with the Department and submits the roster to the
21    Department on a monthly basis. Rosters are to be
22    maintained by the agency for a period of at least 24
23    months.
24    An agency may employ only a permanent employee applicant
25for which it either submitted a permanent employee application
26and all required forms and fees or it confirms with the

 

 

HB2605- 94 -LRB103 26047 RLC 52402 b

1Department that a permanent employee application and all
2required forms and fees have been submitted by another agency,
3licensee or the permanent employee and all other requirements
4of this Section are met.
5    The Department shall have the authority to revoke, without
6a hearing, the temporary authority of an individual to work
7upon receipt of Federal Bureau of Investigation fingerprint
8data or a report of another official authority indicating a
9criminal conviction. If the Department has not received a
10temporary employee's Federal Bureau of Investigation
11fingerprint data within 120 days of the date the Department
12received the Illinois State Police fingerprint data, the
13Department may, at its discretion, revoke the employee's
14temporary authority to work with 15 days written notice to the
15individual and the employing agency.
16    An agency may not employ a person in a temporary capacity
17if it knows or reasonably should have known that the person has
18been convicted of a crime under the laws of this State, has
19been convicted in another state of any crime that is a crime
20under the laws of this State, has been convicted of any crime
21in a federal court, or has been posted as an unapproved
22applicant by the Department. Notice by the Department to the
23agency, via certified mail, personal delivery, electronic
24mail, or posting on the Department's Internet site accessible
25to the agency that the person has been convicted of a crime
26shall be deemed constructive knowledge of the conviction on

 

 

HB2605- 95 -LRB103 26047 RLC 52402 b

1the part of the agency. The Department may adopt rules to
2implement this subsection (k).
3    (l) No person may be employed under this Section in any
4capacity if:
5        (1) the person, while so employed, is being paid by
6    the United States or any political subdivision for the
7    time so employed in addition to any payments he or she may
8    receive from the employer; or
9        (2) the person wears any portion of his or her
10    official uniform, emblem of authority, or equipment while
11    so employed.
12    (m) If information is discovered affecting the
13registration of a person whose fingerprints were submitted
14under this Section, the Department shall so notify the agency
15that submitted the fingerprints on behalf of that person.
16    (n) Peace officers shall be exempt from the requirements
17of this Section relating to permanent employee registration
18cards. The agency shall remain responsible for any peace
19officer employed under this exemption, regardless of whether
20the peace officer is compensated as an employee or as an
21independent contractor and as further defined by rule.
22    (o) Persons who have no access to confidential or security
23information, who do not go to a client's or prospective
24client's residence or place of business, and who otherwise do
25not provide traditional security services are exempt from
26employee registration. Examples of exempt employees include,

 

 

HB2605- 96 -LRB103 26047 RLC 52402 b

1but are not limited to, employees working in the capacity of
2ushers, directors, ticket takers, cashiers, drivers, and
3reception personnel. Confidential or security information is
4that which pertains to employee files, scheduling, client
5contracts, or technical security and alarm data.
6    (p) An applicant who is 21 years of age or older seeking a
7religious exemption to the photograph requirement of this
8Section shall furnish with the application an approved copy of
9United States Department of the Treasury Internal Revenue
10Service Form 4029. Regardless of age, an applicant seeking a
11religious exemption to this photograph requirement shall
12submit fingerprints in a form and manner prescribed by the
13Department with his or her application in lieu of a
14photograph.
15(Source: P.A. 102-538, eff. 8-20-21.)
 
16    (225 ILCS 447/35-35)
17    (Section scheduled to be repealed on January 1, 2024)
18    Sec. 35-35. Requirement of a firearm control card.
19    (a) No person shall perform duties that include the use,
20carrying, or possession of a firearm in the performance of
21those duties without complying with the provisions of this
22Section and having been issued a valid firearm control card by
23the Department.
24    (b) No employer shall employ any person to perform the
25duties for which licensure or employee registration is

 

 

HB2605- 97 -LRB103 26047 RLC 52402 b

1required and allow that person to carry a firearm unless that
2person has complied with all the firearm training requirements
3of this Section and has been issued a firearm control card.
4This Act permits only the following to carry firearms while
5actually engaged in the performance of their duties or while
6commuting directly to or from their places of employment:
7persons licensed as private detectives and their registered
8employees; persons licensed as private security contractors
9and their registered employees; persons licensed as private
10alarm contractors and their registered employees; and
11employees of a registered armed proprietary security force.
12    (c) Possession of a valid firearm control card allows a
13licensee or employee to carry a firearm not otherwise
14prohibited by law while the licensee or employee is engaged in
15the performance of his or her duties or while the licensee or
16employee is commuting directly to or from the licensee's or
17employee's place or places of employment.
18    (d) The Department shall issue a firearm control card to a
19person who has passed an approved firearm training course, who
20is currently licensed or employed by an agency licensed by
21this Act and has met all the requirements of this Act, and who
22is not prohibited under State or federal law from possessing a
23firearm possesses a valid firearm owner identification card.
24Application for the firearm control card shall be made by the
25employer to the Department on forms provided by the
26Department. The Department shall forward the card to the

 

 

HB2605- 98 -LRB103 26047 RLC 52402 b

1employer who shall be responsible for its issuance to the
2licensee or employee. The firearm control card shall be issued
3by the Department and shall identify the person holding it and
4the name of the course where the licensee or employee received
5firearm instruction and shall specify the type of weapon or
6weapons the person is authorized by the Department to carry
7and for which the person has been trained.
8    (e) Expiration and requirements for renewal of firearm
9control cards shall be determined by rule.
10    (f) The Department may, in addition to any other
11disciplinary action permitted by this Act, refuse to issue,
12suspend, or revoke a firearm control card if the applicant or
13holder has been convicted of any felony or crime involving the
14illegal use, carrying, or possession of a deadly weapon or for
15a violation of this Act or rules adopted promulgated under
16this Act. The Department shall refuse to issue or shall revoke
17a firearm control card if the applicant or holder is
18prohibited under State or federal law from possessing a
19firearm fails to possess a valid firearm owners identification
20card without hearing. The Secretary shall summarily suspend a
21firearm control card if the Secretary finds that its continued
22use would constitute an imminent danger to the public. A
23hearing shall be held before the Board within 30 days if the
24Secretary summarily suspends a firearm control card.
25    (g) Notwithstanding any other provision of this Act to the
26contrary, all requirements relating to firearms control cards

 

 

HB2605- 99 -LRB103 26047 RLC 52402 b

1do not apply to a peace officer. If an individual ceases to be
2employed as a peace officer and continues to perform services
3in an armed capacity under this Act that are licensed
4activities, then the individual is required to obtain a
5permanent employee registration card pursuant to Section 35-30
6of this Act and must possess a valid Firearm Owner's
7Identification Card, but is not required to obtain a firearm
8control card if the individual is otherwise in continuing
9compliance with the federal Law Enforcement Officers Safety
10Act of 2004. If an individual elects to carry a firearm
11pursuant to the federal Law Enforcement Officers Safety Act of
122004, then the agency employing the officer is required to
13submit a notice of that election to the Department along with a
14fee specified by rule.
15    (h) The Department may issue a temporary firearm control
16card pending issuance of a new firearm control card upon an
17agency's acquiring of an established armed account. An agency
18that has acquired armed employees as a result of acquiring an
19established armed account may, on forms supplied by the
20Department, request the issuance of a temporary firearm
21control card for each acquired employee who held a valid
22firearm control card under his or her employment with the
23newly acquired established armed account immediately preceding
24the acquiring of the account and who continues to meet all of
25the qualifications for issuance of a firearm control card set
26forth in this Act and any rules adopted under this Act. The

 

 

HB2605- 100 -LRB103 26047 RLC 52402 b

1Department shall, by rule, set the fee for issuance of a
2temporary firearm control card.
3    (i) The Department shall not issue a firearm control card
4to a licensed fingerprint vendor or a licensed locksmith or
5employees of a licensed fingerprint vendor agency or a
6licensed locksmith agency.
7(Source: P.A. 100-712, eff. 8-3-18.)
 
8    Section 50. The Mental Health and Developmental
9Disabilities Code is amended by changing Sections 1-106,
101-116, 6-103.1, 6-103.2, and 6-103.3 as follows:
 
11    (405 ILCS 5/1-106)  (from Ch. 91 1/2, par. 1-106)
12    Sec. 1-106. "Developmental disability" means a severe,
13chronic disability, other than mental illness, found to be
14closely related to an intellectual disability because this
15condition results in impairment of general intellectual
16functioning or adaptive behavior similar to that of persons
17with ID, and requires services similar to those required for a
18person with an intellectual disability. In addition, a
19developmental disability: (1) is manifested before the
20individual reaches 22 years of age; (2) is likely to continue
21indefinitely; (3) results in substantial functional
22limitations in three or more of the following areas of major
23life activity: self-care, receptive and expressive language,
24learning, mobility, self-direction, capacity for independent

 

 

HB2605- 101 -LRB103 26047 RLC 52402 b

1living, or economic self-sufficiency; and (4) reflects the
2individual's need for a combination and sequence of special
3interdisciplinary or generic services, individualized
4supports, or other forms of assistance that are of lifelong or
5extended duration and are individually planned and
6coordinated. This definition does not supersede the
7"developmental disability" definition in Section 1.1 of the
8Firearm Owners Identification Card Act which is required to be
9applied under that Act for the purpose of mandatory reporting.
10(Source: P.A. 102-972, eff. 1-1-23.)
 
11    (405 ILCS 5/1-116)  (from Ch. 91 1/2, par. 1-116)
12    Sec. 1-116. Intellectual disability. "Intellectual
13disability" means a disorder with onset during the
14developmental period (before the individual reaches age 22),
15that includes both intellectual and adaptive deficits in
16conceptual, social and practical domains. The following 3
17criteria must be met: (1) deficits in intellectual functions
18such as reasoning, problem solving, planning, abstract
19thinking, judgment, academic learning, and learning from
20experience confirmed by both clinical assessment and
21individualized, standardized intelligence testing (generally
22indicated with an IQ score of about 70 or below), (2) deficits
23in adaptive functioning that result in failure to meet
24developmental and sociocultural standards for personal
25independence and social responsibility. Without ongoing

 

 

HB2605- 102 -LRB103 26047 RLC 52402 b

1support, the adaptive deficits limit functioning in one or
2more activities of daily life, such as communication, social
3participation, and independent living, across multiple
4environments, such as home, school, work, and community, and
5(3) onset of intellectual and adaptive deficits during the
6developmental period. This definition does not supersede the
7"intellectual disability" definition in Section 1.1 of the
8Firearm Owners Identification Card Act which is required to be
9applied under that Act for the purpose of mandatory reporting.
10(Source: P.A. 102-972, eff. 1-1-23.)
 
11    (405 ILCS 5/6-103.1)
12    Sec. 6-103.1. Adjudication as a person with a mental
13disability. When a person has been adjudicated as a person
14with a mental disability as defined in Section 1.1 of the
15Firearm Owners Identification Card Act, including, but not
16limited to, an adjudication as a person with a disability as
17defined in Section 11a-2 of the Probate Act of 1975, the court
18shall direct the circuit court clerk to notify the Illinois
19State Police, Firearm Owner's Identification (FOID) Office, in
20a form and manner prescribed by the Illinois State Police, and
21shall forward a copy of the court order to the Department no
22later than 7 days after the entry of the order. Upon receipt of
23the order, the Illinois State Police shall provide
24notification to the National Instant Criminal Background Check
25System. In this Section, "has been adjudicated as a mentally

 

 

HB2605- 103 -LRB103 26047 RLC 52402 b

1disabled person" means the person is the subject of a
2determination by a court, board, commission, or other lawful
3authority that the person, as a result of marked subnormal
4intelligence, or mental illness, mental impairment,
5incompetency, condition, or disease:
6        (1) presents a clear and present danger to himself,
7    herself, or to others;
8        (2) lacks the mental capacity to manage his or her own
9    affairs or is adjudicated a disabled person as defined in
10    Section 11a-2 of the Probate Act of 1975;
11        (3) is not guilty in a criminal case by reason of
12    insanity, mental disease or defect;
13        (3.5) is guilty but mentally ill, as provided in
14    Section 5-2-6 of the Unified Code of Corrections;
15        (4) is unfit to stand trial in a criminal case;
16        (5) is not guilty by reason of lack of mental
17    responsibility under Articles 50a and 72b of the Uniform
18    Code of Military Justice, 10 U.S.C. 850a, 876b;
19        (6) is a sexually violent person under subsection (f)
20    of Section 5 of the Sexually Violent Persons Commitment
21    Act;
22        (7) is a sexually dangerous person under the Sexually
23    Dangerous Persons Act;
24        (8) is unfit to stand trial under the Juvenile Court
25    Act of 1987;
26        (9) is not guilty by reason of insanity under the

 

 

HB2605- 104 -LRB103 26047 RLC 52402 b

1    Juvenile Court Act of 1987;
2        (10) is a person subject to involuntary admission on
3    an inpatient basis as defined in Section 1-119 of the
4    Mental Health and Developmental Disabilities Code;
5        (11) is a person subject to involuntary admission on
6    an outpatient basis as defined in Section 1-119.1 of the
7    Mental Health and Developmental Disabilities Code;
8        (12) is subject to judicial admission as set forth in
9    Section 4-500 of the Mental Health and Developmental
10    Disabilities Code; or
11        (13) is subject to the provisions of the Interstate
12    Agreements on Sexually Dangerous Persons Act.
13(Source: P.A. 102-538, eff. 8-20-21.)
 
14    (405 ILCS 5/6-103.2)
15    Sec. 6-103.2. Developmental disability; notice. If a
16person 14 years old or older is determined to be a person with
17a developmental disability by a physician, clinical
18psychologist, or qualified examiner, the physician, clinical
19psychologist, or qualified examiner shall notify the
20Department of Human Services within 7 days of making the
21determination that the person has a developmental disability.
22The Department of Human Services shall immediately update its
23records and information relating to mental health and
24developmental disabilities, and if appropriate, shall notify
25the Illinois State Police in a form and manner prescribed by

 

 

HB2605- 105 -LRB103 26047 RLC 52402 b

1the Illinois State Police. Information disclosed under this
2Section shall remain privileged and confidential, and shall
3not be redisclosed, except as required under paragraph (2) of
4subsection (e) of Section 24-4.5 of the Criminal Code of 2012
5subsection (e) of Section 3.1 of the Firearm Owners
6Identification Card Act, nor used for any other purpose. The
7method of providing this information shall guarantee that the
8information is not released beyond that which is necessary for
9the purpose of this Section and shall be provided by rule by
10the Department of Human Services. The identity of the person
11reporting under this Section shall not be disclosed to the
12subject of the report.
13    The physician, clinical psychologist, or qualified
14examiner making the determination and his or her employer may
15not be held criminally, civilly, or professionally liable for
16making or not making the notification required under this
17Section, except for willful or wanton misconduct.
18    In this Section, "developmentally disabled" has the
19meaning ascribed to it in Section 12 of the Mental Health and
20Developmental Disabilities Confidentiality Act.
21    In For purposes of this Section, "developmental
22disability" means a disability which is attributable to any
23other condition which results in impairment similar to that
24caused by an intellectual disability and which requires
25services similar to those required by intellectually disabled
26persons. The disability must originate before the age of 18

 

 

HB2605- 106 -LRB103 26047 RLC 52402 b

1years, be expected to continue indefinitely, and constitute a
2substantial disability. This disability results, in the
3professional opinion of a physician, clinical psychologist, or
4qualified examiner, in significant functional limitations in 3
5or more of the following areas of major life activity:
6        (i) self-care;
7        (ii) receptive and expressive language;
8        (iii) learning;
9        (iv) mobility; or
10        (v) self-direction.
11    "Determined to be a person with a developmental disability
12by a physician, clinical psychologist, or qualified examiner"
13means in the professional opinion of the physician, clinical
14psychologist, or qualified examiner, a person is diagnosed,
15assessed, or evaluated as having a developmental disability.
16(Source: P.A. 102-538, eff. 8-20-21.)
 
17    (405 ILCS 5/6-103.3)
18    Sec. 6-103.3. Clear and present danger; notice. If a
19person is determined to pose a clear and present danger to
20himself, herself, or to others by a physician, clinical
21psychologist, or qualified examiner, whether employed by the
22State, by any public or private mental health facility or part
23thereof, or by a law enforcement official or a school
24administrator, then the physician, clinical psychologist,
25qualified examiner shall notify the Department of Human

 

 

HB2605- 107 -LRB103 26047 RLC 52402 b

1Services and a law enforcement official or school
2administrator shall notify the Illinois State Police, within
324 hours of making the determination that the person poses a
4clear and present danger. The Department of Human Services
5shall immediately update its records and information relating
6to mental health and developmental disabilities, and if
7appropriate, shall notify the Illinois State Police in a form
8and manner prescribed by the Illinois State Police.
9Information disclosed under this Section shall remain
10privileged and confidential, and shall not be redisclosed,
11except as required under paragraph (2) of subsection (e) of
12Section 24-4.5 of the Criminal Code of 2012 subsection (e) of
13Section 3.1 of the Firearm Owners Identification Card Act, nor
14used for any other purpose. The method of providing this
15information shall guarantee that the information is not
16released beyond that which is necessary for the purpose of
17this Section and shall be provided by rule by the Department of
18Human Services. The identity of the person reporting under
19this Section shall not be disclosed to the subject of the
20report. The physician, clinical psychologist, qualified
21examiner, law enforcement official, or school administrator
22making the determination and his or her employer shall not be
23held criminally, civilly, or professionally liable for making
24or not making the notification required under this Section,
25except for willful or wanton misconduct. This Section does not
26apply to a law enforcement official, if making the

 

 

HB2605- 108 -LRB103 26047 RLC 52402 b

1notification under this Section will interfere with an ongoing
2or pending criminal investigation.
3    In For the purposes of this Section:
4        "Clear and present danger" means a person who:
5            (1) communicates a serious threat of physical
6        violence against a reasonably identifiable victim or
7        poses a clear and imminent risk of serious physical
8        injury to himself, herself, or another person as
9        determined by a physician, clinical psychologist, or
10        qualified examiner; or
11            (2) demonstrates threatening physical or verbal
12        behavior, such as violent, suicidal, or assaultive
13        threats, actions, or other behavior, as determined by
14        a physician, clinical psychologist, qualified
15        examiner, school administrator, or law enforcement
16        official.
17        "Physician", "clinical psychologist", and "qualified
18    examiner" have the meanings ascribed to them in the Mental
19    Health and Developmental Disabilities Code has the meaning
20    ascribed to it in Section 1.1 of the Firearm Owners
21    Identification Card Act.
22        "Determined to pose a clear and present danger to
23    himself, herself, or to others by a physician, clinical
24    psychologist, or qualified examiner" means in the
25    professional opinion of the physician, clinical
26    psychologist, or qualified examiner, a person poses a

 

 

HB2605- 109 -LRB103 26047 RLC 52402 b

1    clear and present danger.
2        "School administrator" means the person required to
3    report under the School Administrator Reporting of Mental
4    Health Clear and Present Danger Determinations Law.
5(Source: P.A. 102-538, eff. 8-20-21.)
 
6    Section 55. The Lead Poisoning Prevention Act is amended
7by changing Section 2 as follows:
 
8    (410 ILCS 45/2)  (from Ch. 111 1/2, par. 1302)
9    Sec. 2. Definitions. As used in this Act:
10    "Child care facility" means any structure used by a child
11care provider licensed by the Department of Children and
12Family Services or public or private school structure
13frequented by children 6 years of age or younger.
14    "Childhood Lead Risk Questionnaire" means the
15questionnaire developed by the Department for use by
16physicians and other health care providers to determine risk
17factors for children 6 years of age or younger residing in
18areas designated as low risk for lead exposure.
19    "Delegate agency" means a unit of local government or
20health department approved by the Department to carry out the
21provisions of this Act.
22    "Department" means the Department of Public Health.
23    "Director" means the Director of Public Health.
24    "Dwelling unit" means an individual unit within a

 

 

HB2605- 110 -LRB103 26047 RLC 52402 b

1residential building used as living quarters for one
2household.
3    "Elevated blood lead level" means a blood lead level in
4excess of the limits established under State rules.
5    "Exposed surface" means any interior or exterior surface
6of a regulated facility.
7    "High risk area" means an area in the State determined by
8the Department to be high risk for lead exposure for children 6
9years of age or younger. The Department may consider, but is
10not limited to, the following factors to determine a high risk
11area: age and condition (using Department of Housing and Urban
12Development definitions of "slum" and "blighted") of housing,
13proximity to highway traffic or heavy local traffic or both,
14percentage of housing determined as rental or vacant,
15proximity to industry using lead, established incidence of
16elevated blood lead levels in children, percentage of
17population living below 200% of federal poverty guidelines,
18and number of children residing in the area who are 6 years of
19age or younger.
20    "Lead abatement" means any approved work practices that
21will permanently eliminate lead exposure or remove the
22lead-bearing substances in a regulated facility. The
23Department shall establish by rule which work practices are
24approved or prohibited for lead abatement.
25    "Lead abatement contractor" means any person or entity
26licensed by the Department to perform lead abatement and

 

 

HB2605- 111 -LRB103 26047 RLC 52402 b

1mitigation.
2    "Lead abatement supervisor" means any person employed by a
3lead abatement contractor and licensed by the Department to
4perform lead abatement and lead mitigation and to supervise
5lead workers who perform lead abatement and lead mitigation.
6    "Lead abatement worker" means any person employed by a
7lead abatement contractor and licensed by the Department to
8perform lead abatement and mitigation.
9    "Lead activities" means the conduct of any lead services,
10including, lead inspection, lead risk assessment, lead
11mitigation, or lead abatement work or supervision in a
12regulated facility.
13    "Lead-bearing substance" means any item containing or
14coated with lead such that the lead content is more than
15six-hundredths of one percent (0.06%) lead by total weight; or
16any dust on surfaces or in furniture or other nonpermanent
17elements of the regulated facility; or any paint or other
18surface coating material containing more than five-tenths of
19one percent (0.5%) lead by total weight (calculated as lead
20metal) in the total non-volatile content of liquid paint; or
21lead-bearing substances containing greater than one milligram
22per square centimeter or any lower standard for lead content
23in residential paint as may be established by federal law or
24rule; or more than 1 milligram per square centimeter in the
25dried film of paint or previously applied substance; or item
26or dust on item containing lead in excess of the amount

 

 

HB2605- 112 -LRB103 26047 RLC 52402 b

1specified in the rules authorized by this Act or a lower
2standard for lead content as may be established by federal law
3or rule. "Lead-bearing substance" does not include firearm
4ammunition or components as defined by Section 2-7.1 of the
5Criminal Code of 2012 the Firearm Owners Identification Card
6Act.
7    "Lead hazard" means a lead-bearing substance that poses an
8immediate health hazard to humans.
9    "Lead hazard screen" means a lead risk assessment that
10involves limited dust and paint sampling for lead-bearing
11substances and lead hazards. This service is used as a
12screening tool designed to determine if further lead
13investigative services are required for the regulated
14facility.
15    "Lead inspection" means a surface-by-surface investigation
16to determine the presence of lead-based paint.
17    "Lead inspector" means an individual who has been trained
18by a Department-approved training program and is licensed by
19the Department to conduct lead inspections; to sample for the
20presence of lead in paint, dust, soil, and water; and to
21conduct compliance investigations.
22    "Lead mitigation" means the remediation, in a manner
23described in Section 9, of a lead hazard so that the
24lead-bearing substance does not pose an immediate health
25hazard to humans.
26    "Lead poisoning" means having an elevated blood lead

 

 

HB2605- 113 -LRB103 26047 RLC 52402 b

1level.
2    "Lead risk assessment" means an on-site investigation to
3determine the existence, nature, severity, and location of
4lead hazards. "Lead risk assessment" includes any lead
5sampling and visual assessment associated with conducting a
6lead risk assessment and lead hazard screen and all lead
7sampling associated with compliance investigations.
8    "Lead risk assessor" means an individual who has been
9trained by a Department-approved training program and is
10licensed by the Department to conduct lead risk assessments,
11lead inspections, and lead hazard screens; to sample for the
12presence of lead in paint, dust, soil, water, and sources for
13lead-bearing substances; and to conduct compliance
14investigations.
15    "Lead training program provider" means any person
16providing Department-approved lead training in Illinois to
17individuals seeking licensure in accordance with the Act.
18    "Low risk area" means an area in the State determined by
19the Department to be low risk for lead exposure for children 6
20years of age or younger. The Department may consider the
21factors named in "high risk area" to determine low risk areas.
22    "Owner" means any person, who alone, jointly, or severally
23with others:
24        (a) Has legal title to any regulated facility, with or
25    without actual possession of the regulated facility, or
26        (b) Has charge, care, or control of the regulated

 

 

HB2605- 114 -LRB103 26047 RLC 52402 b

1    facility as owner or agent of the owner, or as executor,
2    administrator, trustee, or guardian of the estate of the
3    owner.
4    "Person" means any individual, partnership, firm, company,
5limited liability company, corporation, association, joint
6stock company, trust, estate, political subdivision, State
7agency, or any other legal entity, or their legal
8representative, agent, or assign.
9    "Regulated facility" means a residential building or child
10care facility.
11    "Residential building" means any room, group of rooms, or
12other interior areas of a structure designed or used for human
13habitation; common areas accessible by inhabitants; and the
14surrounding property or structures.
15(Source: P.A. 100-723, eff. 1-1-19.)
 
16    (430 ILCS 65/Act rep.)
17    Section 60. The Firearm Owners Identification Card Act is
18repealed.
 
19    Section 65. The Firearm Concealed Carry Act is amended by
20changing Sections 25, 30, 40, 66, 70, 80, and 105 as follows:
 
21    (430 ILCS 66/25)
22    Sec. 25. Qualifications for a license.
23    The Illinois State Police shall issue a license to an

 

 

HB2605- 115 -LRB103 26047 RLC 52402 b

1applicant completing an application in accordance with Section
230 of this Act if the person:
3        (1) is at least 21 years of age;
4        (2) has a currently valid Firearm Owner's
5    Identification Card and at the time of application meets
6    the requirements for the issuance of a Firearm Owner's
7    Identification Card and is not prohibited under State the
8    Firearm Owners Identification Card Act or federal law from
9    possessing or receiving a firearm;
10        (3) has not been convicted or found guilty in this
11    State or in any other state of:
12            (A) a misdemeanor involving the use or threat of
13        physical force or violence to any person within the 5
14        years preceding the date of the license application;
15        or
16            (B) 2 or more violations related to driving while
17        under the influence of alcohol, other drug or drugs,
18        intoxicating compound or compounds, or any combination
19        thereof, within the 5 years preceding the date of the
20        license application;
21        (4) is not the subject of a pending arrest warrant,
22    prosecution, or proceeding for an offense or action that
23    could lead to disqualification to own or possess a
24    firearm;
25        (5) has not been in residential or court-ordered
26    treatment for alcoholism, alcohol detoxification, or drug

 

 

HB2605- 116 -LRB103 26047 RLC 52402 b

1    treatment within the 5 years immediately preceding the
2    date of the license application; and
3        (6) has completed firearms training and any education
4    component required under Section 75 of this Act.
5(Source: P.A. 102-538, eff. 8-20-21.)
 
6    (430 ILCS 66/30)
7    Sec. 30. Contents of license application.
8    (a) The license application shall be in writing, under
9penalty of perjury, on a standard form adopted by the Illinois
10State Police and shall be accompanied by the documentation
11required in this Section and the applicable fee. Each
12application form shall include the following statement printed
13in bold type: "Warning: Entering false information on this
14form is punishable as perjury under Section 32-2 of the
15Criminal Code of 2012."
16    (b) The application shall contain the following:
17        (1) the applicant's name, current address, date and
18    year of birth, place of birth, height, weight, hair color,
19    eye color, maiden name or any other name the applicant has
20    used or identified with, and any address where the
21    applicant resided for more than 30 days within the 10
22    years preceding the date of the license application;
23        (2) the applicant's valid driver's license number or
24    valid state identification card number;
25        (3) a waiver of the applicant's privacy and

 

 

HB2605- 117 -LRB103 26047 RLC 52402 b

1    confidentiality rights and privileges under all federal
2    and state laws, including those limiting access to
3    juvenile court, criminal justice, psychological, or
4    psychiatric records or records relating to any
5    institutionalization of the applicant, and an affirmative
6    request that a person having custody of any of these
7    records provide it or information concerning it to the
8    Illinois State Police. The waiver only applies to records
9    sought in connection with determining whether the
10    applicant qualifies for a license to carry a concealed
11    firearm under this Act, or whether the applicant remains
12    in compliance with the Firearm Owners Identification Card
13    Act;
14        (4) an affirmation that the applicant is not
15    prohibited under State or federal law from possessing or
16    receiving a firearm possesses a currently valid Firearm
17    Owner's Identification Card and card number if possessed
18    or notice the applicant is applying for a Firearm Owner's
19    Identification Card in conjunction with the license
20    application;
21        (5) an affirmation that the applicant has not been
22    convicted or found guilty of:
23            (A) a felony;
24            (B) a misdemeanor involving the use or threat of
25        physical force or violence to any person within the 5
26        years preceding the date of the application; or

 

 

HB2605- 118 -LRB103 26047 RLC 52402 b

1            (C) 2 or more violations related to driving while
2        under the influence of alcohol, other drug or drugs,
3        intoxicating compound or compounds, or any combination
4        thereof, within the 5 years preceding the date of the
5        license application;
6        (6) whether the applicant has failed a drug test for a
7    drug for which the applicant did not have a prescription,
8    within the previous year, and if so, the provider of the
9    test, the specific substance involved, and the date of the
10    test;
11        (7) written consent for the Illinois State Police to
12    review and use the applicant's Illinois digital driver's
13    license or Illinois identification card photograph and
14    signature;
15        (8) unless submitted under subsection (a-25) of
16    Section 4 of the Firearm Owners Identification Card Act, a
17    full set of fingerprints submitted to the Illinois State
18    Police in electronic format, provided the Illinois State
19    Police may accept an application submitted without a set
20    of fingerprints, in which case the Illinois State Police
21    shall be granted 30 days in addition to the 90 days
22    provided under subsection (e) of Section 10 of this Act to
23    issue or deny a license;
24        (9) a head and shoulder color photograph in a size
25    specified by the Illinois State Police taken within the 30
26    days preceding the date of the license application; and

 

 

HB2605- 119 -LRB103 26047 RLC 52402 b

1        (10) a photocopy of any certificates or other evidence
2    of compliance with the training requirements under this
3    Act.
4(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
5102-813, eff. 5-13-22.)
 
6    (430 ILCS 66/40)
7    Sec. 40. Non-resident license applications.
8    (a) For the purposes of this Section, "non-resident" means
9a person who has not resided within this State for more than 30
10days and resides in another state or territory.
11    (b) The Illinois State Police shall by rule allow for
12non-resident license applications from any state or territory
13of the United States with laws related to firearm ownership,
14possession, and carrying, that are substantially similar to
15the requirements to obtain a license under this Act.
16    (c) A resident of a state or territory approved by the
17Illinois State Police under subsection (b) of this Section may
18apply for a non-resident license. The applicant shall apply to
19the Illinois State Police and must meet all of the
20qualifications established in Section 25 of this Act, except
21for the Illinois residency requirement in item (xiv) of
22paragraph (2) of subsection (a) of Section 4 of the Firearm
23Owners Identification Card Act. The applicant shall submit:
24        (1) the application and documentation required under
25    Section 30 of this Act and the applicable fee;

 

 

HB2605- 120 -LRB103 26047 RLC 52402 b

1        (2) a notarized document stating that the applicant:
2            (A) is eligible under federal law and the laws of
3        his or her state or territory of residence to own or
4        possess a firearm;
5            (B) if applicable, has a license or permit to
6        carry a firearm or concealed firearm issued by his or
7        her state or territory of residence and attach a copy
8        of the license or permit to the application;
9            (C) understands Illinois laws pertaining to the
10        possession and transport of firearms; and
11            (D) acknowledges that the applicant is subject to
12        the jurisdiction of the Illinois State Police and
13        Illinois courts for any violation of this Act;
14        (3) a photocopy of any certificates or other evidence
15    of compliance with the training requirements under Section
16    75 of this Act; and
17        (4) a head and shoulder color photograph in a size
18    specified by the Illinois State Police taken within the 30
19    days preceding the date of the application.
20    (d) In lieu of an Illinois driver's license or Illinois
21identification card, a non-resident applicant shall provide
22similar documentation from his or her state or territory of
23residence. The applicant shall submit In lieu of a valid
24Firearm Owner's Identification Card, the applicant shall
25submit documentation and information required by the Illinois
26State Police to obtain a Firearm Owner's Identification Card,

 

 

HB2605- 121 -LRB103 26047 RLC 52402 b

1including an affidavit that the non-resident meets the mental
2health standards to obtain a firearm under Illinois law, and
3the Illinois State Police shall ensure that the applicant
4would meet the eligibility criteria under State law to possess
5a firearm to obtain a Firearm Owner's Identification card if
6he or she was a resident of this State.
7    (e) Nothing in this Act shall prohibit a non-resident from
8transporting a concealed firearm within his or her vehicle in
9Illinois, if the concealed firearm remains within his or her
10vehicle and the non-resident:
11        (1) is not prohibited from owning or possessing a
12    firearm under federal law;
13        (2) is eligible to carry a firearm in public under the
14    laws of his or her state or territory of residence, as
15    evidenced by the possession of a concealed carry license
16    or permit issued by his or her state of residence, if
17    applicable; and
18        (3) is not in possession of a license under this Act.
19    If the non-resident leaves his or her vehicle unattended,
20he or she shall store the firearm within a locked vehicle or
21locked container within the vehicle in accordance with
22subsection (b) of Section 65 of this Act.
23(Source: P.A. 102-538, eff. 8-20-21.)
 
24    (430 ILCS 66/66)
25    Sec. 66. Illinois State Police to monitor databases for

 

 

HB2605- 122 -LRB103 26047 RLC 52402 b

1firearms prohibitors. The Illinois State Police shall
2continuously monitor relevant State and federal databases for
3firearms prohibitors and correlate those records with
4concealed carry license holders to ensure compliance with this
5Act and any other State and federal laws. As used in this
6Section, "firearms prohibitor" means any factor listed in
7Section 8 or Section 8.2 of the Firearm Owners Identification
8Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012
9that prohibits a person from transferring or possessing a
10firearm, firearm ammunition, Firearm Owner's Identification
11Card, or concealed carry license.
12(Source: P.A. 102-237, eff. 1-1-22.)
 
13    (430 ILCS 66/70)
14    Sec. 70. Violations.
15    (a) A license issued or renewed under this Act shall be
16revoked if, at any time, the licensee is found to be ineligible
17for a license under this Act or the licensee is prohibited from
18possessing a firearm under State or federal law no longer
19meets the eligibility requirements of the Firearm Owners
20Identification Card Act.
21    (b) A license shall be suspended if an order of
22protection, including an emergency order of protection,
23plenary order of protection, or interim order of protection
24under Article 112A of the Code of Criminal Procedure of 1963 or
25under the Illinois Domestic Violence Act of 1986, or if a

 

 

HB2605- 123 -LRB103 26047 RLC 52402 b

1firearms restraining order, including an emergency firearms
2restraining order, under the Firearms Restraining Order Act,
3is issued against a licensee for the duration of the order, or
4if the Illinois State Police is made aware of a similar order
5issued against the licensee in any other jurisdiction. If an
6order of protection is issued against a licensee, the licensee
7shall surrender the license, as applicable, to the court at
8the time the order is entered or to the law enforcement agency
9or entity serving process at the time the licensee is served
10the order. The court, law enforcement agency, or entity
11responsible for serving the order of protection shall notify
12the Illinois State Police within 7 days and transmit the
13license to the Illinois State Police.
14    (c) A license is invalid upon expiration of the license,
15unless the licensee has submitted an application to renew the
16license, and the applicant is otherwise eligible to possess a
17license under this Act.
18    (d) A licensee shall not carry a concealed firearm while
19under the influence of alcohol, other drug or drugs,
20intoxicating compound or combination of compounds, or any
21combination thereof, under the standards set forth in
22subsection (a) of Section 11-501 of the Illinois Vehicle Code.
23    A licensee in violation of this subsection (d) shall be
24guilty of a Class A misdemeanor for a first or second violation
25and a Class 4 felony for a third violation. The Illinois State
26Police may suspend a license for up to 6 months for a second

 

 

HB2605- 124 -LRB103 26047 RLC 52402 b

1violation and shall permanently revoke a license for a third
2violation.
3    (e) Except as otherwise provided, a licensee in violation
4of this Act shall be guilty of a Class B misdemeanor. A second
5or subsequent violation is a Class A misdemeanor. The Illinois
6State Police may suspend a license for up to 6 months for a
7second violation and shall permanently revoke a license for 3
8or more violations of Section 65 of this Act. Any person
9convicted of a violation under this Section shall pay a $150
10fee to be deposited into the Mental Health Reporting Fund,
11plus any applicable court costs or fees.
12    (f) A licensee convicted or found guilty of a violation of
13this Act who has a valid license and is otherwise eligible to
14carry a concealed firearm shall only be subject to the
15penalties under this Section and shall not be subject to the
16penalties under Section 21-6, paragraph (4), (8), or (10) of
17subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
18of paragraph (3) of subsection (a) of Section 24-1.6 of the
19Criminal Code of 2012. Except as otherwise provided in this
20subsection, nothing in this subsection prohibits the licensee
21from being subjected to penalties for violations other than
22those specified in this Act.
23    (g) A licensee whose license is revoked, suspended, or
24denied shall, within 48 hours of receiving notice of the
25revocation, suspension, or denial, surrender his or her
26concealed carry license to the local law enforcement agency

 

 

HB2605- 125 -LRB103 26047 RLC 52402 b

1where the person resides. The local law enforcement agency
2shall provide the licensee a receipt and transmit the
3concealed carry license to the Illinois State Police. If the
4licensee whose concealed carry license has been revoked,
5suspended, or denied fails to comply with the requirements of
6this subsection, the law enforcement agency where the person
7resides may petition the circuit court to issue a warrant to
8search for and seize the concealed carry license in the
9possession and under the custody or control of the licensee
10whose concealed carry license has been revoked, suspended, or
11denied. The observation of a concealed carry license in the
12possession of a person whose license has been revoked,
13suspended, or denied constitutes a sufficient basis for the
14arrest of that person for violation of this subsection. A
15violation of this subsection is a Class A misdemeanor.
16    (h) (Blank). Except as otherwise provided in subsection
17(h-5), a license issued or renewed under this Act shall be
18revoked if, at any time, the licensee is found ineligible for a
19Firearm Owner's Identification Card, or the licensee no longer
20possesses a valid Firearm Owner's Identification Card. If the
21Firearm Owner's Identification Card is expired or suspended
22rather than denied or revoked, the license may be suspended
23for a period of up to one year to allow the licensee to
24reinstate his or her Firearm Owner's Identification Card. The
25Illinois State Police shall adopt rules to enforce this
26subsection. A licensee whose license is revoked under this

 

 

HB2605- 126 -LRB103 26047 RLC 52402 b

1subsection (h) shall surrender his or her concealed carry
2license as provided for in subsection (g) of this Section.
3    This subsection shall not apply to a person who has filed
4an application with the Illinois State Police for renewal of a
5Firearm Owner's Identification Card and who is not otherwise
6ineligible to obtain a Firearm Owner's Identification Card.
7    (h-5) (Blank). If the Firearm Owner's Identification Card
8of a licensee under this Act expires during the term of the
9license issued under this Act, the license and the Firearm
10Owner's Identification Card remain valid, and the Illinois
11State Police may automatically renew the licensee's Firearm
12Owner's Identification Card as provided in subsection (c) of
13Section 5 of the Firearm Owners Identification Card Act.
14    (i) A certified firearms instructor who knowingly provides
15or offers to provide a false certification that an applicant
16has completed firearms training as required under this Act is
17guilty of a Class A misdemeanor. A person guilty of a violation
18of this subsection (i) is not eligible for court supervision.
19The Illinois State Police shall permanently revoke the
20firearms instructor certification of a person convicted under
21this subsection (i).
22(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
23102-813, eff. 5-13-22.)
 
24    (430 ILCS 66/80)
25    Sec. 80. Certified firearms instructors.

 

 

HB2605- 127 -LRB103 26047 RLC 52402 b

1    (a) Within 60 days of the effective date of this Act, the
2Illinois State Police shall begin approval of certified
3firearms instructors and enter certified firearms instructors
4into an online registry on the Illinois State Police's
5website.
6    (b) A person who is not a certified firearms instructor
7shall not teach applicant training courses or advertise or
8otherwise represent courses they teach as qualifying their
9students to meet the requirements to receive a license under
10this Act. Each violation of this subsection is a business
11offense with a fine of at least $1,000 per violation.
12    (c) A person seeking to become a certified firearms
13instructor shall:
14        (1) be at least 21 years of age;
15        (2) be a legal resident of the United States; and
16        (3) meet the requirements of Section 25 of this Act,
17    except for the Illinois residency requirement in item
18    (xiv) of paragraph (2) of subsection (a) of Section 4 of
19    the Firearm Owners Identification Card Act; and any
20    additional uniformly applied requirements established by
21    the Illinois State Police.
22    (d) A person seeking to become a certified firearms
23instructor, in addition to the requirements of subsection (c)
24of this Section, shall:
25        (1) possess a high school diploma or State of Illinois
26    High School Diploma; and

 

 

HB2605- 128 -LRB103 26047 RLC 52402 b

1        (2) have at least one of the following valid firearms
2    instructor certifications:
3            (A) certification from a law enforcement agency;
4            (B) certification from a firearm instructor course
5        offered by a State or federal governmental agency;
6            (C) certification from a firearm instructor
7        qualification course offered by the Illinois Law
8        Enforcement Training Standards Board; or
9            (D) certification from an entity approved by the
10        Illinois State Police that offers firearm instructor
11        education and training in the use and safety of
12        firearms.
13    (e) A person may have his or her firearms instructor
14certification denied or revoked if he or she does not meet the
15requirements to obtain a license under this Act, provides
16false or misleading information to the Illinois State Police,
17or has had a prior instructor certification revoked or denied
18by the Illinois State Police.
19(Source: P.A. 102-538, eff. 8-20-21; 102-1100, eff. 1-1-23.)
 
20    (430 ILCS 66/105)
21    Sec. 105. Duty of school administrator. It is the duty of
22the principal of a public elementary or secondary school, or
23his or her designee, and the chief administrative officer of a
24private elementary or secondary school or a public or private
25community college, college, or university, or his or her

 

 

HB2605- 129 -LRB103 26047 RLC 52402 b

1designee, to report to the Illinois State Police when a
2student is determined to pose a clear and present danger to
3himself, herself, or to others, within 24 hours of the
4determination as provided in Section 6-103.3 of the Mental
5Health and Developmental Disabilities Code. "Clear and present
6danger" has the meaning as provided in paragraph (2) of the
7definition of "clear and present danger" in Section 6-103.3 of
8the Mental Health and Developmental Disabilities Code 1.1 of
9the Firearm Owners Identification Card Act.
10(Source: P.A. 102-538, eff. 8-20-21.)
 
11    Section 66. The Firearms Restraining Order Act is amended
12by changing Sections 35 and 40 as follows:
 
13    (430 ILCS 67/35)
14    Sec. 35. Ex parte orders and emergency hearings.
15    (a) A petitioner may request an emergency firearms
16restraining order by filing an affidavit or verified pleading
17alleging that the respondent poses an immediate and present
18danger of causing personal injury to himself, herself, or
19another by having in his or her custody or control,
20purchasing, possessing, or receiving a firearm, ammunition, or
21firearm parts that could be assembled to make an operable
22firearm. The petition shall also describe the type and
23location of any firearm or firearms, ammunition, or firearm
24parts that could be assembled to make an operable firearm

 

 

HB2605- 130 -LRB103 26047 RLC 52402 b

1presently believed by the petitioner to be possessed or
2controlled by the respondent.
3    (b) If the respondent is alleged to pose an immediate and
4present danger of causing personal injury to an intimate
5partner, or an intimate partner is alleged to have been the
6target of a threat or act of violence by the respondent, the
7petitioner shall make a good faith effort to provide notice to
8any and all intimate partners of the respondent. The notice
9must include that the petitioner intends to petition the court
10for an emergency firearms restraining order, and, if the
11petitioner is a law enforcement officer, referral to relevant
12domestic violence or stalking advocacy or counseling
13resources, if appropriate. The petitioner shall attest to
14having provided the notice in the filed affidavit or verified
15pleading. If, after making a good faith effort, the petitioner
16is unable to provide notice to any or all intimate partners,
17the affidavit or verified pleading should describe what
18efforts were made.
19    (c) Every person who files a petition for an emergency
20firearms restraining order, knowing the information provided
21to the court at any hearing or in the affidavit or verified
22pleading to be false, is guilty of perjury under Section 32-2
23of the Criminal Code of 2012.
24    (d) An emergency firearms restraining order shall be
25issued on an ex parte basis, that is, without notice to the
26respondent.

 

 

HB2605- 131 -LRB103 26047 RLC 52402 b

1    (e) An emergency hearing held on an ex parte basis shall be
2held the same day that the petition is filed or the next day
3that the court is in session.
4    (f) If a circuit or associate judge finds probable cause
5to believe that the respondent poses an immediate and present
6danger of causing personal injury to himself, herself, or
7another by having in his or her custody or control,
8purchasing, possessing, or receiving a firearm, ammunition, or
9firearm parts that could be assembled to make an operable
10firearm, the circuit or associate judge shall issue an
11emergency order.
12    (f-5) If the court issues an emergency firearms
13restraining order, it shall, upon a finding of probable cause
14that the respondent possesses firearms, ammunition, or firearm
15parts that could be assembled to make an operable firearm,
16issue a search warrant directing a law enforcement agency to
17seize the respondent's firearms, ammunition, and firearm parts
18that could be assembled to make an operable firearm. The court
19may, as part of that warrant, direct the law enforcement
20agency to search the respondent's residence and other places
21where the court finds there is probable cause to believe he or
22she is likely to possess the firearms, ammunition, or firearm
23parts that could be assembled to make an operable firearm. A
24return of the search warrant shall be filed by the law
25enforcement agency within 4 days thereafter, setting forth the
26time, date, and location that the search warrant was executed

 

 

HB2605- 132 -LRB103 26047 RLC 52402 b

1and what items, if any, were seized.
2    (g) An emergency firearms restraining order shall require:
3        (1) the respondent to refrain from having in his or
4    her custody or control, purchasing, possessing, or
5    receiving additional firearms, ammunition, or firearm
6    parts that could be assembled to make an operable firearm,
7    or removing firearm parts that could be assembled to make
8    an operable firearm for the duration of the order under
9    Section 8.2 of the Firearm Owners Identification Card Act;
10    and
11        (2) the respondent to comply with Section 9.5 of the
12    Firearm Owners Identification Card Act and subsection (g)
13    of Section 70 of the Firearm Concealed Carry Act.
14    (h) Except as otherwise provided in subsection (h-5) of
15this Section, upon expiration of the period of safekeeping, if
16the firearms, ammunition, and firearm parts that could be
17assembled to make an operable firearm or Firearm Owner's
18Identification Card and concealed carry license cannot be
19returned to the respondent because the respondent cannot be
20located, fails to respond to requests to retrieve the
21firearms, or is not lawfully eligible to possess a firearm,
22ammunition, or firearm parts that could be assembled to make
23an operable firearm, upon petition from the local law
24enforcement agency, the court may order the local law
25enforcement agency to destroy the firearms, ammunition, and
26firearm parts that could be assembled to make an operable

 

 

HB2605- 133 -LRB103 26047 RLC 52402 b

1firearm, use the firearms, ammunition, and firearm parts that
2could be assembled to make an operable firearm for training
3purposes, or use the firearms, ammunition, and firearm parts
4that could be assembled to make an operable firearm for any
5other application as deemed appropriate by the local law
6enforcement agency.
7    (h-5) On or before January 1, 2022, a respondent whose
8firearms have been turned over to a local law enforcement
9agency Firearm Owner's Identification Card has been revoked or
10suspended may petition the court, if the petitioner is present
11in court or has notice of the respondent's petition, to
12transfer the respondent's firearm, ammunition, and firearm
13parts that could be assembled to make an operable firearm to a
14person who is lawfully able to possess the firearm,
15ammunition, and firearm parts that could be assembled to make
16an operable firearm if the person does not reside at the same
17address as the respondent. Notice of the petition shall be
18served upon the person protected by the emergency firearms
19restraining order. While the order is in effect, the
20transferee who receives the respondent's firearms, ammunition,
21and firearm parts that could be assembled to make an operable
22firearm must swear or affirm by affidavit that he or she shall
23not transfer the firearm, ammunition, and firearm parts that
24could be assembled to make an operable firearm to the
25respondent or to anyone residing in the same residence as the
26respondent.

 

 

HB2605- 134 -LRB103 26047 RLC 52402 b

1    (h-6) If a person other than the respondent claims title
2to any firearms, ammunition, and firearm parts that could be
3assembled to make an operable firearm surrendered under this
4Section, he or she may petition the court, if the petitioner is
5present in court or has notice of the petition, to have the
6firearm, ammunition, and firearm parts that could be assembled
7to make an operable firearm returned to him or her. If the
8court determines that person to be the lawful owner of the
9firearm, ammunition, and firearm parts that could be assembled
10to make an operable firearm, the firearm, ammunition, and
11firearm parts that could be assembled to make an operable
12firearm shall be returned to him or her, provided that:
13        (1) the firearm, ammunition, and firearm parts that
14    could be assembled to make an operable firearm are removed
15    from the respondent's custody, control, or possession and
16    the lawful owner agrees to store the firearm, ammunition,
17    and firearm parts that could be assembled to make an
18    operable firearm in a manner such that the respondent does
19    not have access to or control of the firearm, ammunition,
20    and firearm parts that could be assembled to make an
21    operable firearm; and
22        (2) the firearm, ammunition, and firearm parts that
23    could be assembled to make an operable firearm are not
24    otherwise unlawfully possessed by the owner.
25    The person petitioning for the return of his or her
26firearm, ammunition, and firearm parts that could be assembled

 

 

HB2605- 135 -LRB103 26047 RLC 52402 b

1to make an operable firearm must swear or affirm by affidavit
2that he or she: (i) is the lawful owner of the firearm,
3ammunition, and firearm parts that could be assembled to make
4an operable firearm; (ii) shall not transfer the firearm,
5ammunition, and firearm parts that could be assembled to make
6an operable firearm to the respondent; and (iii) will store
7the firearm, ammunition, and firearm parts that could be
8assembled to make an operable firearm in a manner that the
9respondent does not have access to or control of the firearm,
10ammunition, and firearm parts that could be assembled to make
11an operable firearm.
12    (i) In accordance with subsection (e) of this Section, the
13court shall schedule a full hearing as soon as possible, but no
14longer than 14 days from the issuance of an ex parte firearms
15restraining order, to determine if a 6-month firearms
16restraining order shall be issued. The court may extend an ex
17parte order as needed, but not to exceed 14 days, to effectuate
18service of the order or if necessary to continue protection.
19The court may extend the order for a greater length of time by
20mutual agreement of the parties.
21(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
22102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
235-13-22.)
 
24    (430 ILCS 67/40)
25    Sec. 40. Plenary orders.

 

 

HB2605- 136 -LRB103 26047 RLC 52402 b

1    (a) A petitioner may request a firearms restraining order
2for up to one year by filing an affidavit or verified pleading
3alleging that the respondent poses a significant danger of
4causing personal injury to himself, herself, or another in the
5near future by having in his or her custody or control,
6purchasing, possessing, or receiving a firearm, ammunition,
7and firearm parts that could be assembled to make an operable
8firearm. The petition shall also describe the number, types,
9and locations of any firearms, ammunition, and firearm parts
10that could be assembled to make an operable firearm presently
11believed by the petitioner to be possessed or controlled by
12the respondent. The firearms restraining order may be renewed
13for an additional period of up to one year in accordance with
14Section 45 of this Act.
15    (b) If the respondent is alleged to pose a significant
16danger of causing personal injury to an intimate partner, or
17an intimate partner is alleged to have been the target of a
18threat or act of violence by the respondent, the petitioner
19shall make a good faith effort to provide notice to any and all
20intimate partners of the respondent. The notice must include
21the duration of time that the petitioner intends to petition
22the court for a firearms restraining order, and, if the
23petitioner is a law enforcement officer, referral to relevant
24domestic violence or stalking advocacy or counseling
25resources, if appropriate. The petitioner shall attest to
26having provided the notice in the filed affidavit or verified

 

 

HB2605- 137 -LRB103 26047 RLC 52402 b

1pleading. If, after making a good faith effort, the petitioner
2is unable to provide notice to any or all intimate partners,
3the affidavit or verified pleading should describe what
4efforts were made.
5    (c) Every person who files a petition for a plenary
6firearms restraining order, knowing the information provided
7to the court at any hearing or in the affidavit or verified
8pleading to be false, is guilty of perjury under Section 32-2
9of the Criminal Code of 2012.
10    (d) Upon receipt of a petition for a plenary firearms
11restraining order, the court shall order a hearing within 30
12days.
13    (e) In determining whether to issue a firearms restraining
14order under this Section, the court shall consider evidence
15including, but not limited to, the following:
16        (1) The unlawful and reckless use, display, or
17    brandishing of a firearm, ammunition, and firearm parts
18    that could be assembled to make an operable firearm by the
19    respondent.
20        (2) The history of use, attempted use, or threatened
21    use of physical force by the respondent against another
22    person.
23        (3) Any prior arrest of the respondent for a felony
24    offense.
25        (4) Evidence of the abuse of controlled substances or
26    alcohol by the respondent.

 

 

HB2605- 138 -LRB103 26047 RLC 52402 b

1        (5) A recent threat of violence or act of violence by
2    the respondent directed toward himself, herself, or
3    another.
4        (6) A violation of an emergency order of protection
5    issued under Section 217 of the Illinois Domestic Violence
6    Act of 1986 or Section 112A-17 of the Code of Criminal
7    Procedure of 1963 or of an order of protection issued
8    under Section 214 of the Illinois Domestic Violence Act of
9    1986 or Section 112A-14 of the Code of Criminal Procedure
10    of 1963.
11        (7) A pattern of violent acts or violent threats,
12    including, but not limited to, threats of violence or acts
13    of violence by the respondent directed toward himself,
14    herself, or another.
15    (f) At the hearing, the petitioner shall have the burden
16of proving, by clear and convincing evidence, that the
17respondent poses a significant danger of personal injury to
18himself, herself, or another by having in his or her custody or
19control, purchasing, possessing, or receiving a firearm,
20ammunition, and firearm parts that could be assembled to make
21an operable firearm.
22    (g) If the court finds that there is clear and convincing
23evidence to issue a plenary firearms restraining order, the
24court shall issue a firearms restraining order that shall be
25in effect for up to one year, but not less than 6 months,
26subject to renewal under Section 45 of this Act or termination

 

 

HB2605- 139 -LRB103 26047 RLC 52402 b

1under that Section.
2    (g-5) If the court issues a plenary firearms restraining
3order, it shall, upon a finding of probable cause that the
4respondent possesses firearms, ammunition, and firearm parts
5that could be assembled to make an operable firearm, issue a
6search warrant directing a law enforcement agency to seize the
7respondent's firearms, ammunition, and firearm parts that
8could be assembled to make an operable firearm. The court may,
9as part of that warrant, direct the law enforcement agency to
10search the respondent's residence and other places where the
11court finds there is probable cause to believe he or she is
12likely to possess the firearms, ammunition, and firearm parts
13that could be assembled to make an operable firearm. A return
14of the search warrant shall be filed by the law enforcement
15agency within 4 days thereafter, setting forth the time, date,
16and location that the search warrant was executed and what
17items, if any, were seized.
18    (h) A plenary firearms restraining order shall require:
19        (1) the respondent to refrain from having in his or
20    her custody or control, purchasing, possessing, or
21    receiving additional firearms, ammunition, and firearm
22    parts that could be assembled to make an operable firearm
23    for the duration of the order under Section 8.2 of the
24    Firearm Owners Identification Card Act; and
25        (2) the respondent to comply with Section 9.5 of the
26    Firearm Owners Identification Card Act and subsection (g)

 

 

HB2605- 140 -LRB103 26047 RLC 52402 b

1    of Section 70 of the Firearm Concealed Carry Act.
2    (i) Except as otherwise provided in subsection (i-5) of
3this Section, upon expiration of the period of safekeeping, if
4the firearms, ammunition, and firearm parts that could be
5assembled to make an operable firearm or Firearm Owner's
6Identification Card cannot be returned to the respondent
7because the respondent cannot be located, fails to respond to
8requests to retrieve the firearms, ammunition, and firearm
9parts that could be assembled to make an operable firearm, or
10is not lawfully eligible to possess a firearm, ammunition, and
11firearm parts that could be assembled to make an operable
12firearm, upon petition from the local law enforcement agency,
13the court may order the local law enforcement agency to
14destroy the firearms, ammunition, and firearm parts that could
15be assembled to make an operable firearm, use the firearms,
16ammunition, and firearm parts that could be assembled to make
17an operable firearm for training purposes, or use the
18firearms, ammunition, and firearm parts that could be
19assembled to make an operable firearm for any other
20application as deemed appropriate by the local law enforcement
21agency.
22    (i-5) A respondent whose firearms have been turned over to
23a local law enforcement agency Firearm Owner's Identification
24Card has been revoked or suspended may petition the court, if
25the petitioner is present in court or has notice of the
26respondent's petition, to transfer the respondent's firearm,

 

 

HB2605- 141 -LRB103 26047 RLC 52402 b

1ammunition, and firearm parts that could be assembled to make
2an operable firearm to a person who is lawfully able to possess
3the firearm, ammunition, and firearm parts that could be
4assembled to make an operable firearm if the person does not
5reside at the same address as the respondent. Notice of the
6petition shall be served upon the person protected by the
7emergency firearms restraining order. While the order is in
8effect, the transferee who receives the respondent's firearms,
9ammunition, and firearm parts that could be assembled to make
10an operable firearm must swear or affirm by affidavit that he
11or she shall not transfer the firearm, ammunition, and firearm
12parts that could be assembled to make an operable firearm to
13the respondent or to anyone residing in the same residence as
14the respondent.
15    (i-6) If a person other than the respondent claims title
16to any firearms, ammunition, and firearm parts that could be
17assembled to make an operable firearm surrendered under this
18Section, he or she may petition the court, if the petitioner is
19present in court or has notice of the petition, to have the
20firearm, ammunition, and firearm parts that could be assembled
21to make an operable firearm returned to him or her. If the
22court determines that person to be the lawful owner of the
23firearm, ammunition, and firearm parts that could be assembled
24to make an operable firearm, the firearm, ammunition, and
25firearm parts that could be assembled to make an operable
26firearm shall be returned to him or her, provided that:

 

 

HB2605- 142 -LRB103 26047 RLC 52402 b

1        (1) the firearm, ammunition, and firearm parts that
2    could be assembled to make an operable firearm are removed
3    from the respondent's custody, control, or possession and
4    the lawful owner agrees to store the firearm, ammunition,
5    and firearm parts that could be assembled to make an
6    operable firearm in a manner such that the respondent does
7    not have access to or control of the firearm, ammunition,
8    and firearm parts that could be assembled to make an
9    operable firearm; and
10        (2) the firearm, ammunition, and firearm parts that
11    could be assembled to make an operable firearm are not
12    otherwise unlawfully possessed by the owner.
13    The person petitioning for the return of his or her
14firearm, ammunition, and firearm parts that could be assembled
15to make an operable firearm must swear or affirm by affidavit
16that he or she: (i) is the lawful owner of the firearm,
17ammunition, and firearm parts that could be assembled to make
18an operable firearm; (ii) shall not transfer the firearm,
19ammunition, and firearm parts that could be assembled to make
20an operable firearm to the respondent; and (iii) will store
21the firearm, ammunition, and firearm parts that could be
22assembled to make an operable firearm in a manner that the
23respondent does not have access to or control of the firearm,
24ammunition, and firearm parts that could be assembled to make
25an operable firearm.
26    (j) If the court does not issue a firearms restraining

 

 

HB2605- 143 -LRB103 26047 RLC 52402 b

1order at the hearing, the court shall dissolve any emergency
2firearms restraining order then in effect.
3    (k) When the court issues a firearms restraining order
4under this Section, the court shall inform the respondent that
5he or she is entitled to one hearing during the period of the
6order to request a termination of the order, under Section 45
7of this Act, and shall provide the respondent with a form to
8request a hearing.
9(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
10102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
115-13-22; 102-1116, eff. 1-10-23.)
 
12    Section 67. The Firearm Dealer License Certification Act
13is amended by changing Sections 5-20, 5-25, 5-40, and 5-85 as
14follows:
 
15    (430 ILCS 68/5-20)
16    Sec. 5-20. Additional licensee requirements.
17    (a) A certified licensee shall make a photo copy of a
18buyer's or transferee's valid photo identification card
19whenever a firearm sale transaction takes place. The photo
20copy shall be attached to the documentation detailing the
21record of sale.
22    (b) A certified licensee shall post in a conspicuous
23position on the premises where the licensee conducts business
24a sign that contains the following warning in block letters

 

 

HB2605- 144 -LRB103 26047 RLC 52402 b

1not less than one inch in height:
2        "With few exceptions enumerated in the Criminal Code
3    of 2012 Firearm Owners Identification Card Act, it is
4    unlawful for you to:
5            (A) store or leave an unsecured firearm in a place
6        where a child can obtain access to it; or
7            (B) sell or transfer your firearm to someone else
8        without receiving approval for the transfer from the
9        Illinois State Police, or
10            (B) (C) fail to report the loss or theft of your
11        firearm to local law enforcement within 72 hours.".
12This sign shall be created by the Illinois State Police and
13made available for printing or downloading from the Illinois
14State Police's website.
15    (c) No retail location established after the effective
16date of this Act shall be located within 500 feet of any
17school, pre-school, or day care facility in existence at its
18location before the retail location is established as measured
19from the nearest corner of the building holding the retail
20location to the corner of the school, pre-school, or day care
21facility building nearest the retail location at the time the
22retail location seeks licensure.
23(Source: P.A. 102-538, eff. 8-20-21.)
 
24    (430 ILCS 68/5-25)
25    Sec. 5-25. Exemptions. The provisions of this Act related

 

 

HB2605- 145 -LRB103 26047 RLC 52402 b

1to the certification of a license do not apply to a person or
2entity that engages in the following activities:
3        (1) temporary transfers of firearms solely for use at
4    the location or on the premises where the transfer takes
5    place, such as transfers at a shooting range for use at
6    that location;
7        (2) temporary transfers of firearms solely for use
8    while in the presence of the transferor or transfers for
9    the purposes of firearm safety training by a firearms
10    safety training instructor;
11        (3) transfers of firearms among immediate family or
12    household members, as "immediate family or household
13    member" is defined in Section 3-2.7-10 of the Unified Code
14    of Corrections, provided that both the transferor and
15    transferee are not prohibited from possessing a firearm
16    under federal or State law have a currently valid Firearm
17    Owner's Identification Card; however, this paragraph (3)
18    does not limit the familial gift exemption under paragraph
19    (2) of subsection (a-15) of Section 3 of the Firearm
20    Owners Identification Card Act;
21        (4) transfers by persons or entities acting under
22    operation of law or a court order;
23        (5) transfers by persons or entities liquidating all
24    or part of a collection. For purposes of this paragraph
25    (5), "collection" means 2 or more firearms which are of
26    special interest to collectors by reason of some quality

 

 

HB2605- 146 -LRB103 26047 RLC 52402 b

1    other than is associated with firearms intended for
2    sporting use or as offensive or defensive weapons;
3        (6) transfers of firearms that have been rendered
4    permanently inoperable to a nonprofit historical society,
5    museum, or institutional collection;
6        (7) transfers by a law enforcement or corrections
7    agency or a law enforcement or corrections officer acting
8    within the course and scope of his or her official duties;
9        (8) (blank); transfers to a State or local law
10    enforcement agency by a person who has his or her Firearm
11    Owner's Identification Card revoked;
12        (9) transfers of curios and relics, as defined under
13    federal law, between collectors licensed under subsection
14    (b) of Section 923 of the federal Gun Control Act of 1968;
15        (10) transfers by a person or entity licensed as an
16    auctioneer under the Auction License Act;
17        (10.5) transfers of firearms to a resident registered
18    competitor or attendee or non-resident registered
19    competitor or attendee by a licensed federal firearms
20    dealer under Section 923 of the federal Gun Control Act of
21    1968 at a competitive shooting event held at the World
22    Shooting and Recreational Complex that is sanctioned by a
23    national governing body; or
24        (11) transfers between a pawnshop and a customer which
25    amount to a bailment. For purposes of this paragraph (11),
26    "bailment" means the act of placing property in the

 

 

HB2605- 147 -LRB103 26047 RLC 52402 b

1    custody and control of another, by agreement in which the
2    holder is responsible for the safekeeping and return of
3    the property.
4(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19.)
 
5    (430 ILCS 68/5-40)
6    Sec. 5-40. Qualifications for operation.
7    (a) Each certified licensee shall submit with each
8application for certification or renewal an affidavit to the
9Illinois State Police stating that each owner, employee, or
10other agent of the certified licensee who sells or conducts
11transfers of firearms for the certified licensee is at least
1221 years of age, has a currently valid Firearm Owner's
13Identification Card and, for a renewal, has completed the
14training required under Section 5-30. The affidavit must also
15contain the name and Firearm Owner's Identification Card
16number of each owner, employee, or other agent who sells or
17conducts transfers of firearms for the certified licensee. If
18an owner, employee, or other agent of the certified licensee
19is not otherwise a resident of this State, the certified
20licensee shall submit an affidavit stating that the owner,
21employee, or other agent has undergone a background check and
22is not prohibited from owning or possessing firearms.
23    (b) In addition to the affidavit required under subsection
24(a), within 30 days of a new owner, employee, or other agent
25beginning selling or conducting transfers of firearms for the

 

 

HB2605- 148 -LRB103 26047 RLC 52402 b

1certified licensee, the certified licensee shall submit an
2affidavit to the Illinois State Police stating the date that
3the new owner, employee, or other agent began selling or
4conducting transfers of firearms for the certified licensee,
5and providing the information required in subsection (a) for
6that new owner, employee, or other agent.
7    (c) If a certified licensee has a license, certificate, or
8permit to sell, lease, transfer, purchase, or possess firearms
9issued by the federal government or the government of any
10state revoked or suspended for good cause within the preceding
114 years, the Illinois State Police may consider revoking or
12suspending the certified licenses in this State. In making a
13determination of whether or not to revoke or suspend a
14certified license in this State, the Illinois State Police
15shall consider the number of retail locations the certified
16licensee or any related person or entity operates in this
17State or in other states under the same or different business
18names, and the severity of the infraction in the state in which
19a license was revoked or suspended.
20    (d) Applications and affidavits required under this
21Section are not subject to disclosure by the Illinois State
22Police under the Freedom of Information Act.
23(Source: P.A. 102-538, eff. 8-20-21.)
 
24    (430 ILCS 68/5-85)
25    Sec. 5-85. Disciplinary sanctions.

 

 

HB2605- 149 -LRB103 26047 RLC 52402 b

1    (a) For violations of this Act not penalized under Section
25-15, the Illinois State Police may refuse to renew or
3restore, or may reprimand, place on probation, suspend,
4revoke, or take other disciplinary or non-disciplinary action
5against any licensee, and may impose a fine commensurate with
6the severity of the violation not to exceed $10,000 for each
7violation for any of the following, consistent with the
8Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901
9through 7903:
10        (1) Violations of this Act, or any law applicable to
11    the sale or transfer of firearms.
12        (2) A pattern of practice or other behavior which
13    demonstrates incapacity or incompetency to practice under
14    this Act.
15        (3) Aiding or assisting another person in violating
16    any provision of this Act or rules adopted under this Act.
17        (4) Failing, within 60 days, to provide information in
18    response to a written request made by the Illinois State
19    Police.
20        (5) Conviction of, plea of guilty to, or plea of nolo
21    contendere to any crime that disqualifies the person from
22    obtaining a firearm valid Firearm Owner's Identification
23    Card.
24        (6) Continued practice, although the person has become
25    unfit to practice due to any of the following:
26            (A) Any circumstance that disqualifies the person

 

 

HB2605- 150 -LRB103 26047 RLC 52402 b

1        from obtaining a firearm valid Firearm Owner's
2        Identification Card or concealed carry license.
3            (B) Habitual or excessive use or abuse of drugs
4        defined in law as controlled substances, alcohol, or
5        any other substance that results in the inability to
6        practice with reasonable judgment, skill, or safety.
7        (7) Receiving, directly or indirectly, compensation
8    for any firearms sold or transferred illegally.
9        (8) Discipline by another United States jurisdiction,
10    foreign nation, or governmental agency, if at least one of
11    the grounds for the discipline is the same or
12    substantially equivalent to those set forth in this Act.
13        (9) Violation of any disciplinary order imposed on a
14    licensee by the Illinois State Police.
15        (10) A finding by the Illinois State Police that the
16    licensee, after having his or her certified license placed
17    on probationary status, has violated the terms of
18    probation.
19        (11) A fraudulent or material misstatement in the
20    completion of an affirmative obligation or inquiry by law
21    enforcement.
22    (b) All fines imposed under this Section shall be paid
23within 90 days after the effective date of the final order
24imposing the fine.
25(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

HB2605- 151 -LRB103 26047 RLC 52402 b

1    Section 70. The Wildlife Code is amended by changing
2Sections 3.2 and 3.2a as follows:
 
3    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
4    Sec. 3.2. Hunting license; application; instruction.
5Before the Department or any county, city, village, township,
6incorporated town clerk or his duly designated agent or any
7other person authorized or designated by the Department to
8issue hunting licenses shall issue a hunting license to any
9person, the person shall file his application with the
10Department or other party authorized to issue licenses on a
11form provided by the Department and further give definite
12proof of identity and place of legal residence. Each clerk
13designating agents to issue licenses and stamps shall furnish
14the Department, within 10 days following the appointment, the
15names and mailing addresses of the agents. Each clerk or his
16duly designated agent shall be authorized to sell licenses and
17stamps only within the territorial area for which he was
18elected or appointed. No duly designated agent is authorized
19to furnish licenses or stamps for issuance by any other
20business establishment. Each application shall be executed and
21sworn to and shall set forth the name and description of the
22applicant and place of residence.
23    No hunting license shall be issued to any person born on or
24after January 1, 1980 unless he presents the person authorized
25to issue the license evidence that he has held a hunting

 

 

HB2605- 152 -LRB103 26047 RLC 52402 b

1license issued by the State of Illinois or another state in a
2prior year, or a certificate of competency as provided in this
3Section. Persons under 18 years of age may be issued a Lifetime
4Hunting or Sportsmen's Combination License as provided under
5Section 20-45 of the Fish and Aquatic Life Code but shall not
6be entitled to hunt alone, without the supervision of an adult
7age 21 or older, unless they have a certificate of competency
8as provided in this Section and the certificate is in their
9possession while hunting.
10    The Department of Natural Resources shall authorize
11personnel of the Department or certified volunteer instructors
12to conduct courses, of not less than 10 hours in length, in
13firearms and hunter safety, which may include training in bow
14and arrow safety, at regularly specified intervals throughout
15the State. Persons successfully completing the course shall
16receive a certificate of competency. The Department of Natural
17Resources may further cooperate with any reputable association
18or organization in establishing courses if the organization
19has as one of its objectives the promotion of safety in the
20handling of firearms or bow and arrow.
21    The Department of Natural Resources shall designate any
22person found by it to be competent to give instruction in the
23handling of firearms, hunter safety, and bow and arrow. The
24persons so appointed shall give the course of instruction and
25upon the successful completion shall issue to the person
26instructed a certificate of competency in the safe handling of

 

 

HB2605- 153 -LRB103 26047 RLC 52402 b

1firearms, hunter safety, and bow and arrow. No charge shall be
2made for any course of instruction except for materials or
3ammunition consumed. The Department of Natural Resources shall
4furnish information on the requirements of hunter safety
5education programs to be distributed free of charge to
6applicants for hunting licenses by the persons appointed and
7authorized to issue licenses. Funds for the conducting of
8firearms and hunter safety courses shall be taken from the fee
9charged for the Firearm Owners Identification Card.
10    The fee for a hunting license to hunt all species for a
11resident of Illinois is $12. For residents age 65 or older,
12and, commencing with the 2012 license year, resident veterans
13of the United States Armed Forces after returning from service
14abroad or mobilization by the President of the United States
15as an active duty member of the United States Armed Forces, the
16Illinois National Guard, or the Reserves of the United States
17Armed Forces, the fee is one-half of the fee charged for a
18hunting license to hunt all species for a resident of
19Illinois. Veterans must provide to the Department acceptable
20verification of their service. The Department shall establish
21by administrative rule the procedure by which such
22verification of service shall be made to the Department for
23the purpose of issuing resident veterans hunting licenses at a
24reduced fee. The fee for a hunting license to hunt all species
25shall be $1 for residents over 75 years of age. Nonresidents
26shall be charged $57 for a hunting license.

 

 

HB2605- 154 -LRB103 26047 RLC 52402 b

1    Nonresidents may be issued a nonresident hunting license
2for a period not to exceed 10 consecutive days' hunting in the
3State and shall be charged a fee of $35.
4    A special nonresident hunting license authorizing a
5nonresident to take game birds by hunting on a game breeding
6and hunting preserve area only, established under Section
73.27, shall be issued upon proper application being made and
8payment of a fee equal to that for a resident hunting license.
9The expiration date of this license shall be on the same date
10each year that game breeding and hunting preserve area
11licenses expire.
12    Each applicant for a State Migratory Waterfowl Stamp,
13regardless of his residence or other condition, shall pay a
14fee of $15 and shall receive a stamp. The fee for a State
15Migratory Waterfowl Stamp shall be waived for residents over
1675 years of age. Except as provided under Section 20-45 of the
17Fish and Aquatic Life Code, the stamp shall be signed by the
18person or affixed to his license or permit in a space
19designated by the Department for that purpose.
20    Each applicant for a State Habitat Stamp, regardless of
21his residence or other condition, shall pay a fee of $5 and
22shall receive a stamp. The fee for a State Habitat Stamp shall
23be waived for residents over 75 years of age. Except as
24provided under Section 20-45 of the Fish and Aquatic Life
25Code, the stamp shall be signed by the person or affixed to his
26license or permit in a space designated by the Department for

 

 

HB2605- 155 -LRB103 26047 RLC 52402 b

1that purpose.
2    Nothing in this Section shall be construed as to require
3the purchase of more than one State Habitat Stamp by any person
4in any one license year.
5    The fees for State Pheasant Stamps and State Furbearer
6Stamps shall be waived for residents over 75 years of age.
7    The Department shall furnish the holders of hunting
8licenses and stamps with an insignia as evidence of possession
9of license, or license and stamp, as the Department may
10consider advisable. The insignia shall be exhibited and used
11as the Department may order.
12    All other hunting licenses and all State stamps shall
13expire upon March 31 of each year.
14    Every person holding any license, permit, or stamp issued
15under the provisions of this Act shall have it in his
16possession for immediate presentation for inspection to the
17officers and authorized employees of the Department, any
18sheriff, deputy sheriff, or any other peace officer making a
19demand for it. This provision shall not apply to Department
20owned or managed sites where it is required that all hunters
21deposit their license or , permit, or Firearm Owner's
22Identification Card at the check station upon entering the
23hunting areas.
24    For the purposes of this Section, "acceptable
25verification" means official documentation from the Department
26of Defense or the appropriate Major Command showing

 

 

HB2605- 156 -LRB103 26047 RLC 52402 b

1mobilization dates or service abroad dates, including: (i) a
2DD-214, (ii) a letter from the Illinois Department of Military
3Affairs for members of the Illinois National Guard, (iii) a
4letter from the Regional Reserve Command for members of the
5Armed Forces Reserve, (iv) a letter from the Major Command
6covering Illinois for active duty members, (v) personnel
7records for mobilized State employees, and (vi) any other
8documentation that the Department, by administrative rule,
9deems acceptable to establish dates of mobilization or service
10abroad.
11    For the purposes of this Section, the term "service
12abroad" means active duty service outside of the 50 United
13States and the District of Columbia, and includes all active
14duty service in territories and possessions of the United
15States.
16(Source: P.A. 101-81, eff. 7-12-19; 102-780, eff. 5-13-22.)
 
17    (520 ILCS 5/3.2a)  (from Ch. 61, par. 3.2a)
18    Sec. 3.2a. Every person holding any license, permit or
19stamp issued under the provisions hereof shall have it in his
20possession for immediate presentation for inspection to the
21officers and authorized employees of the Department, any
22sheriff, deputy sheriff or any other peace officer making a
23demand for it. This provision shall not apply to Department
24owned or managed sites where it is required that all hunters
25deposit their license or , permit or Firearm Owner's

 

 

HB2605- 157 -LRB103 26047 RLC 52402 b

1Identification Card at the check station upon entering the
2hunting areas.
3(Source: P.A. 85-152.)
 
4    Section 75. The Criminal Code of 2012 is amended by
5changing Sections 2-7.1, 2-7.5, 12-3.05, 16-0.1, 17-30, 24-1,
624-1.1, 24-1.6, 24-1.8, 24-1.9, 24-1.10, 24-2, 24-3, 24-3.1,
724-3.2, 24-3.4, 24-3.5, 24-3B, 24-4.1, 24-5.1, and 24-9 and
8adding Section 24-4.5 as follows:
 
9    (720 ILCS 5/2-7.1)
10    Sec. 2-7.1. "Firearm "Firearm" and "firearm ammunition".
11"Firearm "Firearm" and "firearm ammunition" means any
12self-contained cartridge or shotgun shell, by whatever name
13known, which is designed to be used or adaptable to use in a
14firearm; excluding, however:
15    (1) any ammunition exclusively designed for use with a
16device used exclusively for signaling or safety and required
17or recommended by the United States Coast Guard or the
18Interstate Commerce Commission; and
19    (2) any ammunition designed exclusively for use with a
20stud or rivet driver or other similar industrial ammunition
21have the meanings ascribed to them in Section 1.1 of the
22Firearm Owners Identification Card Act.
23(Source: P.A. 91-544, eff. 1-1-00.)
 

 

 

HB2605- 158 -LRB103 26047 RLC 52402 b

1    (720 ILCS 5/2-7.5)
2    Sec. 2-7.5. "Firearm". Except as otherwise provided in a
3specific Section, "firearm" means any device, by whatever name
4known, which is designed to expel a projectile or projectiles
5by the action of an explosion, expansion of gas or escape of
6gas; excluding, however:
7    (1) any pneumatic gun, spring gun, paint ball gun, or B-B
8gun which expels a single globular projectile not exceeding
9.18 inch in diameter or which has a maximum muzzle velocity of
10less than 700 feet per second;
11    (1.1) any pneumatic gun, spring gun, paint ball gun, or
12B-B gun which expels breakable paint balls containing washable
13marking colors;
14    (2) any device used exclusively for signaling or safety
15and required or recommended by the United States Coast Guard
16or the Interstate Commerce Commission;
17    (3) any device used exclusively for the firing of stud
18cartridges, explosive rivets, or similar industrial
19ammunition; and
20    (4) an antique firearm (other than a machine-gun) which,
21although designed as a weapon, the Illinois State Police finds
22by reason of the date of its manufacture, value, design, and
23other characteristics is primarily a collector's item and is
24not likely to be used as a weapon has the meaning ascribed to
25it in Section 1.1 of the Firearm Owners Identification Card
26Act.

 

 

HB2605- 159 -LRB103 26047 RLC 52402 b

1(Source: P.A. 95-331, eff. 8-21-07.)
 
2    (720 ILCS 5/12-3.05)  (was 720 ILCS 5/12-4)
3    Sec. 12-3.05. Aggravated battery.
4    (a) Offense based on injury. A person commits aggravated
5battery when, in committing a battery, other than by the
6discharge of a firearm, he or she knowingly does any of the
7following:
8        (1) Causes great bodily harm or permanent disability
9    or disfigurement.
10        (2) Causes severe and permanent disability, great
11    bodily harm, or disfigurement by means of a caustic or
12    flammable substance, a poisonous gas, a deadly biological
13    or chemical contaminant or agent, a radioactive substance,
14    or a bomb or explosive compound.
15        (3) Causes great bodily harm or permanent disability
16    or disfigurement to an individual whom the person knows to
17    be a peace officer, community policing volunteer, fireman,
18    private security officer, correctional institution
19    employee, or Department of Human Services employee
20    supervising or controlling sexually dangerous persons or
21    sexually violent persons:
22            (i) performing his or her official duties;
23            (ii) battered to prevent performance of his or her
24        official duties; or
25            (iii) battered in retaliation for performing his

 

 

HB2605- 160 -LRB103 26047 RLC 52402 b

1        or her official duties.
2        (4) Causes great bodily harm or permanent disability
3    or disfigurement to an individual 60 years of age or
4    older.
5        (5) Strangles another individual.
6    (b) Offense based on injury to a child or person with an
7intellectual disability. A person who is at least 18 years of
8age commits aggravated battery when, in committing a battery,
9he or she knowingly and without legal justification by any
10means:
11        (1) causes great bodily harm or permanent disability
12    or disfigurement to any child under the age of 13 years, or
13    to any person with a severe or profound intellectual
14    disability; or
15        (2) causes bodily harm or disability or disfigurement
16    to any child under the age of 13 years or to any person
17    with a severe or profound intellectual disability.
18    (c) Offense based on location of conduct. A person commits
19aggravated battery when, in committing a battery, other than
20by the discharge of a firearm, he or she is or the person
21battered is on or about a public way, public property, a public
22place of accommodation or amusement, a sports venue, or a
23domestic violence shelter, or in a church, synagogue, mosque,
24or other building, structure, or place used for religious
25worship.
26    (d) Offense based on status of victim. A person commits

 

 

HB2605- 161 -LRB103 26047 RLC 52402 b

1aggravated battery when, in committing a battery, other than
2by discharge of a firearm, he or she knows the individual
3battered to be any of the following:
4        (1) A person 60 years of age or older.
5        (2) A person who is pregnant or has a physical
6    disability.
7        (3) A teacher or school employee upon school grounds
8    or grounds adjacent to a school or in any part of a
9    building used for school purposes.
10        (4) A peace officer, community policing volunteer,
11    fireman, private security officer, correctional
12    institution employee, or Department of Human Services
13    employee supervising or controlling sexually dangerous
14    persons or sexually violent persons:
15            (i) performing his or her official duties;
16            (ii) battered to prevent performance of his or her
17        official duties; or
18            (iii) battered in retaliation for performing his
19        or her official duties.
20        (5) A judge, emergency management worker, emergency
21    medical services personnel, or utility worker:
22            (i) performing his or her official duties;
23            (ii) battered to prevent performance of his or her
24        official duties; or
25            (iii) battered in retaliation for performing his
26        or her official duties.

 

 

HB2605- 162 -LRB103 26047 RLC 52402 b

1        (6) An officer or employee of the State of Illinois, a
2    unit of local government, or a school district, while
3    performing his or her official duties.
4        (7) A transit employee performing his or her official
5    duties, or a transit passenger.
6        (8) A taxi driver on duty.
7        (9) A merchant who detains the person for an alleged
8    commission of retail theft under Section 16-26 of this
9    Code and the person without legal justification by any
10    means causes bodily harm to the merchant.
11        (10) A person authorized to serve process under
12    Section 2-202 of the Code of Civil Procedure or a special
13    process server appointed by the circuit court while that
14    individual is in the performance of his or her duties as a
15    process server.
16        (11) A nurse while in the performance of his or her
17    duties as a nurse.
18        (12) A merchant: (i) while performing his or her
19    duties, including, but not limited to, relaying directions
20    for healthcare or safety from his or her supervisor or
21    employer or relaying health or safety guidelines,
22    recommendations, regulations, or rules from a federal,
23    State, or local public health agency; and (ii) during a
24    disaster declared by the Governor, or a state of emergency
25    declared by the mayor of the municipality in which the
26    merchant is located, due to a public health emergency and

 

 

HB2605- 163 -LRB103 26047 RLC 52402 b

1    for a period of 6 months after such declaration.
2    (e) Offense based on use of a firearm. A person commits
3aggravated battery when, in committing a battery, he or she
4knowingly does any of the following:
5        (1) Discharges a firearm, other than a machine gun or
6    a firearm equipped with a silencer, and causes any injury
7    to another person.
8        (2) Discharges a firearm, other than a machine gun or
9    a firearm equipped with a silencer, and causes any injury
10    to a person he or she knows to be a peace officer,
11    community policing volunteer, person summoned by a police
12    officer, fireman, private security officer, correctional
13    institution employee, or emergency management worker:
14            (i) performing his or her official duties;
15            (ii) battered to prevent performance of his or her
16        official duties; or
17            (iii) battered in retaliation for performing his
18        or her official duties.
19        (3) Discharges a firearm, other than a machine gun or
20    a firearm equipped with a silencer, and causes any injury
21    to a person he or she knows to be emergency medical
22    services personnel:
23            (i) performing his or her official duties;
24            (ii) battered to prevent performance of his or her
25        official duties; or
26            (iii) battered in retaliation for performing his

 

 

HB2605- 164 -LRB103 26047 RLC 52402 b

1        or her official duties.
2        (4) Discharges a firearm and causes any injury to a
3    person he or she knows to be a teacher, a student in a
4    school, or a school employee, and the teacher, student, or
5    employee is upon school grounds or grounds adjacent to a
6    school or in any part of a building used for school
7    purposes.
8        (5) Discharges a machine gun or a firearm equipped
9    with a silencer, and causes any injury to another person.
10        (6) Discharges a machine gun or a firearm equipped
11    with a silencer, and causes any injury to a person he or
12    she knows to be a peace officer, community policing
13    volunteer, person summoned by a police officer, fireman,
14    private security officer, correctional institution
15    employee or emergency management worker:
16            (i) performing his or her official duties;
17            (ii) battered to prevent performance of his or her
18        official duties; or
19            (iii) battered in retaliation for performing his
20        or her official duties.
21        (7) Discharges a machine gun or a firearm equipped
22    with a silencer, and causes any injury to a person he or
23    she knows to be emergency medical services personnel:
24            (i) performing his or her official duties;
25            (ii) battered to prevent performance of his or her
26        official duties; or

 

 

HB2605- 165 -LRB103 26047 RLC 52402 b

1            (iii) battered in retaliation for performing his
2        or her official duties.
3        (8) Discharges a machine gun or a firearm equipped
4    with a silencer, and causes any injury to a person he or
5    she knows to be a teacher, or a student in a school, or a
6    school employee, and the teacher, student, or employee is
7    upon school grounds or grounds adjacent to a school or in
8    any part of a building used for school purposes.
9    (f) Offense based on use of a weapon or device. A person
10commits aggravated battery when, in committing a battery, he
11or she does any of the following:
12        (1) Uses a deadly weapon other than by discharge of a
13    firearm, or uses an air rifle as defined in Section
14    24.8-0.1 of this Code.
15        (2) Wears a hood, robe, or mask to conceal his or her
16    identity.
17        (3) Knowingly and without lawful justification shines
18    or flashes a laser gunsight or other laser device attached
19    to a firearm, or used in concert with a firearm, so that
20    the laser beam strikes upon or against the person of
21    another.
22        (4) Knowingly video or audio records the offense with
23    the intent to disseminate the recording.
24    (g) Offense based on certain conduct. A person commits
25aggravated battery when, other than by discharge of a firearm,
26he or she does any of the following:

 

 

HB2605- 166 -LRB103 26047 RLC 52402 b

1        (1) Violates Section 401 of the Illinois Controlled
2    Substances Act by unlawfully delivering a controlled
3    substance to another and any user experiences great bodily
4    harm or permanent disability as a result of the injection,
5    inhalation, or ingestion of any amount of the controlled
6    substance.
7        (2) Knowingly administers to an individual or causes
8    him or her to take, without his or her consent or by threat
9    or deception, and for other than medical purposes, any
10    intoxicating, poisonous, stupefying, narcotic,
11    anesthetic, or controlled substance, or gives to another
12    person any food containing any substance or object
13    intended to cause physical injury if eaten.
14        (3) Knowingly causes or attempts to cause a
15    correctional institution employee or Department of Human
16    Services employee to come into contact with blood, seminal
17    fluid, urine, or feces by throwing, tossing, or expelling
18    the fluid or material, and the person is an inmate of a
19    penal institution or is a sexually dangerous person or
20    sexually violent person in the custody of the Department
21    of Human Services.
22    (h) Sentence. Unless otherwise provided, aggravated
23battery is a Class 3 felony.
24    Aggravated battery as defined in subdivision (a)(4),
25(d)(4), or (g)(3) is a Class 2 felony.
26    Aggravated battery as defined in subdivision (a)(3) or

 

 

HB2605- 167 -LRB103 26047 RLC 52402 b

1(g)(1) is a Class 1 felony.
2    Aggravated battery as defined in subdivision (a)(1) is a
3Class 1 felony when the aggravated battery was intentional and
4involved the infliction of torture, as defined in paragraph
5(14) of subsection (b) of Section 9-1 of this Code, as the
6infliction of or subjection to extreme physical pain,
7motivated by an intent to increase or prolong the pain,
8suffering, or agony of the victim.
9    Aggravated battery as defined in subdivision (a)(1) is a
10Class 2 felony when the person causes great bodily harm or
11permanent disability to an individual whom the person knows to
12be a member of a congregation engaged in prayer or other
13religious activities at a church, synagogue, mosque, or other
14building, structure, or place used for religious worship.
15    Aggravated battery under subdivision (a)(5) is a Class 1
16felony if:
17        (A) the person used or attempted to use a dangerous
18    instrument while committing the offense;
19        (B) the person caused great bodily harm or permanent
20    disability or disfigurement to the other person while
21    committing the offense; or
22        (C) the person has been previously convicted of a
23    violation of subdivision (a)(5) under the laws of this
24    State or laws similar to subdivision (a)(5) of any other
25    state.
26    Aggravated battery as defined in subdivision (e)(1) is a

 

 

HB2605- 168 -LRB103 26047 RLC 52402 b

1Class X felony.
2    Aggravated battery as defined in subdivision (a)(2) is a
3Class X felony for which a person shall be sentenced to a term
4of imprisonment of a minimum of 6 years and a maximum of 45
5years.
6    Aggravated battery as defined in subdivision (e)(5) is a
7Class X felony for which a person shall be sentenced to a term
8of imprisonment of a minimum of 12 years and a maximum of 45
9years.
10    Aggravated battery as defined in subdivision (e)(2),
11(e)(3), or (e)(4) is a Class X felony for which a person shall
12be sentenced to a term of imprisonment of a minimum of 15 years
13and a maximum of 60 years.
14    Aggravated battery as defined in subdivision (e)(6),
15(e)(7), or (e)(8) is a Class X felony for which a person shall
16be sentenced to a term of imprisonment of a minimum of 20 years
17and a maximum of 60 years.
18    Aggravated battery as defined in subdivision (b)(1) is a
19Class X felony, except that:
20        (1) if the person committed the offense while armed
21    with a firearm, 15 years shall be added to the term of
22    imprisonment imposed by the court;
23        (2) if, during the commission of the offense, the
24    person personally discharged a firearm, 20 years shall be
25    added to the term of imprisonment imposed by the court;
26        (3) if, during the commission of the offense, the

 

 

HB2605- 169 -LRB103 26047 RLC 52402 b

1    person personally discharged a firearm that proximately
2    caused great bodily harm, permanent disability, permanent
3    disfigurement, or death to another person, 25 years or up
4    to a term of natural life shall be added to the term of
5    imprisonment imposed by the court.
6    (i) Definitions. In this Section:
7    "Building or other structure used to provide shelter" has
8the meaning ascribed to "shelter" in Section 1 of the Domestic
9Violence Shelters Act.
10    "Domestic violence" has the meaning ascribed to it in
11Section 103 of the Illinois Domestic Violence Act of 1986.
12    "Domestic violence shelter" means any building or other
13structure used to provide shelter or other services to victims
14or to the dependent children of victims of domestic violence
15pursuant to the Illinois Domestic Violence Act of 1986 or the
16Domestic Violence Shelters Act, or any place within 500 feet
17of such a building or other structure in the case of a person
18who is going to or from such a building or other structure.
19    "Firearm" has the meaning provided under Section 2-7.5 of
20this Code 1.1 of the Firearm Owners Identification Card Act,
21and does not include an air rifle as defined by Section
2224.8-0.1 of this Code.
23    "Machine gun" has the meaning ascribed to it in Section
2424-1 of this Code.
25    "Merchant" has the meaning ascribed to it in Section
2616-0.1 of this Code.

 

 

HB2605- 170 -LRB103 26047 RLC 52402 b

1    "Strangle" means intentionally impeding the normal
2breathing or circulation of the blood of an individual by
3applying pressure on the throat or neck of that individual or
4by blocking the nose or mouth of that individual.
5(Source: P.A. 101-223, eff. 1-1-20; 101-651, eff. 8-7-20.)
 
6    (720 ILCS 5/16-0.1)
7    Sec. 16-0.1. Definitions. In this Article, unless the
8context clearly requires otherwise, the following terms are
9defined as indicated:
10    "Access" means to use, instruct, communicate with, store
11data in, retrieve or intercept data from, or otherwise utilize
12any services of a computer.
13    "Coin-operated machine" includes any automatic vending
14machine or any part thereof, parking meter, coin telephone,
15coin-operated transit turnstile, transit fare box, coin
16laundry machine, coin dry cleaning machine, amusement machine,
17music machine, vending machine dispensing goods or services,
18or money changer.
19    "Communication device" means any type of instrument,
20device, machine, or equipment which is capable of
21transmitting, acquiring, decrypting, or receiving any
22telephonic, electronic, data, Internet access, audio, video,
23microwave, or radio transmissions, signals, communications, or
24services, including the receipt, acquisition, transmission, or
25decryption of all such communications, transmissions, signals,

 

 

HB2605- 171 -LRB103 26047 RLC 52402 b

1or services provided by or through any cable television, fiber
2optic, telephone, satellite, microwave, radio, Internet-based,
3data transmission, or wireless distribution network, system or
4facility; or any part, accessory, or component thereof,
5including any computer circuit, security module, smart card,
6software, computer chip, electronic mechanism or other
7component, accessory or part of any communication device which
8is capable of facilitating the transmission, decryption,
9acquisition or reception of all such communications,
10transmissions, signals, or services.
11    "Communication service" means any service lawfully
12provided for a charge or compensation to facilitate the lawful
13origination, transmission, emission, or reception of signs,
14signals, data, writings, images, and sounds or intelligence of
15any nature by telephone, including cellular telephones or a
16wire, wireless, radio, electromagnetic, photo-electronic or
17photo-optical system; and also any service lawfully provided
18by any radio, telephone, cable television, fiber optic,
19satellite, microwave, Internet-based or wireless distribution
20network, system, facility or technology, including, but not
21limited to, any and all electronic, data, video, audio,
22Internet access, telephonic, microwave and radio
23communications, transmissions, signals and services, and any
24such communications, transmissions, signals and services
25lawfully provided directly or indirectly by or through any of
26those networks, systems, facilities or technologies.

 

 

HB2605- 172 -LRB103 26047 RLC 52402 b

1    "Communication service provider" means: (1) any person or
2entity providing any communication service, whether directly
3or indirectly, as a reseller, including, but not limited to, a
4cellular, paging or other wireless communications company or
5other person or entity which, for a fee, supplies the
6facility, cell site, mobile telephone switching office or
7other equipment or communication service; (2) any person or
8entity owning or operating any cable television, fiber optic,
9satellite, telephone, wireless, microwave, radio, data
10transmission or Internet-based distribution network, system or
11facility; and (3) any person or entity providing any
12communication service directly or indirectly by or through any
13such distribution system, network or facility.
14    "Computer" means a device that accepts, processes, stores,
15retrieves or outputs data, and includes but is not limited to
16auxiliary storage and telecommunications devices connected to
17computers.
18    "Continuing course of conduct" means a series of acts, and
19the accompanying mental state necessary for the crime in
20question, irrespective of whether the series of acts are
21continuous or intermittent.
22    "Delivery container" means any bakery basket of wire or
23plastic used to transport or store bread or bakery products,
24any dairy case of wire or plastic used to transport or store
25dairy products, and any dolly or cart of 2 or 4 wheels used to
26transport or store any bakery or dairy product.

 

 

HB2605- 173 -LRB103 26047 RLC 52402 b

1    "Document-making implement" means any implement,
2impression, template, computer file, computer disc, electronic
3device, computer hardware, computer software, instrument, or
4device that is used to make a real or fictitious or fraudulent
5personal identification document.
6    "Financial transaction device" means any of the following:
7        (1) An electronic funds transfer card.
8        (2) A credit card.
9        (3) A debit card.
10        (4) A point-of-sale card.
11        (5) Any instrument, device, card, plate, code, account
12    number, personal identification number, or a record or
13    copy of a code, account number, or personal identification
14    number or other means of access to a credit account or
15    deposit account, or a driver's license or State
16    identification card used to access a proprietary account,
17    other than access originated solely by a paper instrument,
18    that can be used alone or in conjunction with another
19    access device, for any of the following purposes:
20            (A) Obtaining money, cash refund or credit
21        account, credit, goods, services, or any other thing
22        of value.
23            (B) Certifying or guaranteeing to a person or
24        business the availability to the device holder of
25        funds on deposit to honor a draft or check payable to
26        the order of that person or business.

 

 

HB2605- 174 -LRB103 26047 RLC 52402 b

1            (C) Providing the device holder access to a
2        deposit account for the purpose of making deposits,
3        withdrawing funds, transferring funds between deposit
4        accounts, obtaining information pertaining to a
5        deposit account, or making an electronic funds
6        transfer.
7    "Full retail value" means the merchant's stated or
8advertised price of the merchandise. "Full retail value"
9includes the aggregate value of property obtained from retail
10thefts committed by the same person as part of a continuing
11course of conduct from one or more mercantile establishments
12in a single transaction or in separate transactions over a
13period of one year.
14    "Internet" means an interactive computer service or system
15or an information service, system, or access software provider
16that provides or enables computer access by multiple users to
17a computer server, and includes, but is not limited to, an
18information service, system, or access software provider that
19provides access to a network system commonly known as the
20Internet, or any comparable system or service and also
21includes, but is not limited to, a World Wide Web page,
22newsgroup, message board, mailing list, or chat area on any
23interactive computer service or system or other online
24service.
25    "Library card" means a card or plate issued by a library
26facility for purposes of identifying the person to whom the

 

 

HB2605- 175 -LRB103 26047 RLC 52402 b

1library card was issued as authorized to borrow library
2material, subject to all limitations and conditions imposed on
3the borrowing by the library facility issuing such card.
4    "Library facility" includes any public library or museum,
5or any library or museum of an educational, historical or
6eleemosynary institution, organization or society.
7    "Library material" includes any book, plate, picture,
8photograph, engraving, painting, sculpture, statue, artifact,
9drawing, map, newspaper, pamphlet, broadside, magazine,
10manuscript, document, letter, microfilm, sound recording,
11audiovisual material, magnetic or other tape, electronic data
12processing record or other documentary, written or printed
13material regardless of physical form or characteristics, or
14any part thereof, belonging to, or on loan to or otherwise in
15the custody of a library facility.
16    "Manufacture or assembly of an unlawful access device"
17means to make, produce or assemble an unlawful access device
18or to modify, alter, program or re-program any instrument,
19device, machine, equipment or software so that it is capable
20of defeating or circumventing any technology, device or
21software used by the provider, owner or licensee of a
22communication service or of any data, audio or video programs
23or transmissions to protect any such communication, data,
24audio or video services, programs or transmissions from
25unauthorized access, acquisition, disclosure, receipt,
26decryption, communication, transmission or re-transmission.

 

 

HB2605- 176 -LRB103 26047 RLC 52402 b

1    "Manufacture or assembly of an unlawful communication
2device" means to make, produce or assemble an unlawful
3communication or wireless device or to modify, alter, program
4or reprogram a communication or wireless device to be capable
5of acquiring, disrupting, receiving, transmitting, decrypting,
6or facilitating the acquisition, disruption, receipt,
7transmission or decryption of, a communication service without
8the express consent or express authorization of the
9communication service provider, or to knowingly assist others
10in those activities.
11    "Master sound recording" means the original physical
12object on which a given set of sounds were first recorded and
13which the original object from which all subsequent sound
14recordings embodying the same set of sounds are directly or
15indirectly derived.
16    "Merchandise" means any item of tangible personal
17property, including motor fuel.
18    "Merchant" means an owner or operator of any retail
19mercantile establishment or any agent, employee, lessee,
20consignee, officer, director, franchisee, or independent
21contractor of the owner or operator. "Merchant" also means a
22person who receives from an authorized user of a payment card,
23or someone the person believes to be an authorized user, a
24payment card or information from a payment card, or what the
25person believes to be a payment card or information from a
26payment card, as the instrument for obtaining, purchasing or

 

 

HB2605- 177 -LRB103 26047 RLC 52402 b

1receiving goods, services, money, or anything else of value
2from the person.
3    "Motor fuel" means a liquid, regardless of its properties,
4used to propel a vehicle, including gasoline and diesel.
5    "Online" means the use of any electronic or wireless
6device to access the Internet.
7    "Payment card" means a credit card, charge card, debit
8card, or any other card that is issued to an authorized card
9user and that allows the user to obtain, purchase, or receive
10goods, services, money, or anything else of value from a
11merchant.
12    "Person with a disability" means a person who suffers from
13a physical or mental impairment resulting from disease,
14injury, functional disorder or congenital condition that
15impairs the individual's mental or physical ability to
16independently manage his or her property or financial
17resources, or both.
18    "Personal identification document" means a birth
19certificate, a driver's license, a State identification card,
20a public, government, or private employment identification
21card, a social security card, a license issued under the
22Firearm Concealed Carry Act firearm owner's identification
23card, a credit card, a debit card, or a passport issued to or
24on behalf of a person other than the offender, or any document
25made or issued, or falsely purported to have been made or
26issued, by or under the authority of the United States

 

 

HB2605- 178 -LRB103 26047 RLC 52402 b

1Government, the State of Illinois, or any other state
2political subdivision of any state, or any other governmental
3or quasi-governmental organization that is of a type intended
4for the purpose of identification of an individual, or any
5such document made or altered in a manner that it falsely
6purports to have been made on behalf of or issued to another
7person or by the authority of one who did not give that
8authority.
9    "Personal identifying information" means any of the
10following information:
11        (1) A person's name.
12        (2) A person's address.
13        (3) A person's date of birth.
14        (4) A person's telephone number.
15        (5) A person's driver's license number or State of
16    Illinois identification card as assigned by the Secretary
17    of State of the State of Illinois or a similar agency of
18    another state.
19        (6) A person's social security number.
20        (7) A person's public, private, or government
21    employer, place of employment, or employment
22    identification number.
23        (8) The maiden name of a person's mother.
24        (9) The number assigned to a person's depository
25    account, savings account, or brokerage account.
26        (10) The number assigned to a person's credit or debit

 

 

HB2605- 179 -LRB103 26047 RLC 52402 b

1    card, commonly known as a "Visa Card", "MasterCard",
2    "American Express Card", "Discover Card", or other similar
3    cards whether issued by a financial institution,
4    corporation, or business entity.
5        (11) Personal identification numbers.
6        (12) Electronic identification numbers.
7        (13) Digital signals.
8        (14) User names, passwords, and any other word,
9    number, character or combination of the same usable in
10    whole or part to access information relating to a specific
11    individual, or to the actions taken, communications made
12    or received, or other activities or transactions of a
13    specific individual.
14        (15) Any other numbers or information which can be
15    used to access a person's financial resources, or to
16    identify a specific individual, or the actions taken,
17    communications made or received, or other activities or
18    transactions of a specific individual.
19    "Premises of a retail mercantile establishment" includes,
20but is not limited to, the retail mercantile establishment;
21any common use areas in shopping centers; and all parking
22areas set aside by a merchant or on behalf of a merchant for
23the parking of vehicles for the convenience of the patrons of
24such retail mercantile establishment.
25    "Public water, gas, or power supply, or other public
26services" mean any service subject to regulation by the

 

 

HB2605- 180 -LRB103 26047 RLC 52402 b

1Illinois Commerce Commission; any service furnished by a
2public utility that is owned and operated by any political
3subdivision, public institution of higher education or
4municipal corporation of this State; any service furnished by
5any public utility that is owned by such political
6subdivision, public institution of higher education, or
7municipal corporation and operated by any of its lessees or
8operating agents; any service furnished by an electric
9cooperative as defined in Section 3.4 of the Electric Supplier
10Act; or wireless service or other service regulated by the
11Federal Communications Commission.
12    "Publish" means to communicate or disseminate information
13to any one or more persons, either orally, in person, or by
14telephone, radio or television or in writing of any kind,
15including, without limitation, a letter or memorandum,
16circular or handbill, newspaper or magazine article or book.
17    "Radio frequency identification device" means any
18implement, computer file, computer disc, electronic device,
19computer hardware, computer software, or instrument that is
20used to activate, read, receive, or decode information stored
21on a RFID tag or transponder attached to a personal
22identification document.
23    "RFID tag or transponder" means a chip or device that
24contains personal identifying information from which the
25personal identifying information can be read or decoded by
26another device emitting a radio frequency that activates or

 

 

HB2605- 181 -LRB103 26047 RLC 52402 b

1powers a radio frequency emission response from the chip or
2transponder.
3    "Reencoder" means an electronic device that places encoded
4information from the magnetic strip or stripe of a payment
5card onto the magnetic strip or stripe of a different payment
6card.
7    "Retail mercantile establishment" means any place where
8merchandise is displayed, held, stored or offered for sale to
9the public.
10    "Scanning device" means a scanner, reader, or any other
11electronic device that is used to access, read, scan, obtain,
12memorize, or store, temporarily or permanently, information
13encoded on the magnetic strip or stripe of a payment card.
14    "Shopping cart" means those push carts of the type or
15types which are commonly provided by grocery stores, drug
16stores or other retail mercantile establishments for the use
17of the public in transporting commodities in stores and
18markets and, incidentally, from the stores to a place outside
19the store.
20    "Sound or audio visual recording" means any sound or audio
21visual phonograph record, disc, pre-recorded tape, film, wire,
22magnetic tape or other object, device or medium, now known or
23hereafter invented, by which sounds or images may be
24reproduced with or without the use of any additional machine,
25equipment or device.
26    "Stored value card" means any card, gift card, instrument,

 

 

HB2605- 182 -LRB103 26047 RLC 52402 b

1or device issued with or without fee for the use of the
2cardholder to obtain money, goods, services, or anything else
3of value. Stored value cards include, but are not limited to,
4cards issued for use as a stored value card or gift card, and
5an account identification number or symbol used to identify a
6stored value card. "Stored value card" does not include a
7prepaid card usable at multiple, unaffiliated merchants or at
8automated teller machines, or both. "Stored value card" shall
9only apply to Section 16-25.1 of this Act.
10    "Theft detection device remover" means any tool or device
11specifically designed and intended to be used to remove any
12theft detection device from any merchandise.
13    "Under-ring" means to cause the cash register or other
14sales recording device to reflect less than the full retail
15value of the merchandise.
16    "Unidentified sound or audio visual recording" means a
17sound or audio visual recording without the actual name and
18full and correct street address of the manufacturer, and the
19name of the actual performers or groups prominently and
20legibly printed on the outside cover or jacket and on the label
21of such sound or audio visual recording.
22    "Unlawful access device" means any type of instrument,
23device, machine, equipment, technology, or software which is
24primarily possessed, used, designed, assembled, manufactured,
25sold, distributed or offered, promoted or advertised for the
26purpose of defeating or circumventing any technology, device

 

 

HB2605- 183 -LRB103 26047 RLC 52402 b

1or software, or any component or part thereof, used by the
2provider, owner or licensee of any communication service or of
3any data, audio or video programs or transmissions to protect
4any such communication, audio or video services, programs or
5transmissions from unauthorized access, acquisition, receipt,
6decryption, disclosure, communication, transmission or
7re-transmission.
8    "Unlawful communication device" means any electronic
9serial number, mobile identification number, personal
10identification number or any communication or wireless device
11that is capable of acquiring or facilitating the acquisition
12of a communication service without the express consent or
13express authorization of the communication service provider,
14or that has been altered, modified, programmed or
15reprogrammed, alone or in conjunction with another
16communication or wireless device or other equipment, to so
17acquire or facilitate the unauthorized acquisition of a
18communication service. "Unlawful communication device" also
19means:
20        (1) any phone altered to obtain service without the
21    express consent or express authorization of the
22    communication service provider, tumbler phone, counterfeit
23    or clone phone, tumbler microchip, counterfeit or clone
24    microchip, scanning receiver of wireless communication
25    service or other instrument capable of disguising its
26    identity or location or of gaining unauthorized access to

 

 

HB2605- 184 -LRB103 26047 RLC 52402 b

1    a communications or wireless system operated by a
2    communication service provider; and
3        (2) any communication or wireless device which is
4    capable of, or has been altered, designed, modified,
5    programmed or reprogrammed, alone or in conjunction with
6    another communication or wireless device or devices, so as
7    to be capable of, facilitating the disruption,
8    acquisition, receipt, transmission or decryption of a
9    communication service without the express consent or
10    express authorization of the communication service
11    provider, including, but not limited to, any device,
12    technology, product, service, equipment, computer software
13    or component or part thereof, primarily distributed, sold,
14    designed, assembled, manufactured, modified, programmed,
15    reprogrammed or used for the purpose of providing the
16    unauthorized receipt of, transmission of, disruption of,
17    decryption of, access to or acquisition of any
18    communication service provided by any communication
19    service provider.
20    "Vehicle" means a motor vehicle, motorcycle, or farm
21implement that is self-propelled and that uses motor fuel for
22propulsion.
23    "Wireless device" includes any type of instrument, device,
24machine, or equipment that is capable of transmitting or
25receiving telephonic, electronic or radio communications, or
26any part of such instrument, device, machine, or equipment, or

 

 

HB2605- 185 -LRB103 26047 RLC 52402 b

1any computer circuit, computer chip, electronic mechanism, or
2other component that is capable of facilitating the
3transmission or reception of telephonic, electronic, or radio
4communications.
5(Source: P.A. 102-757, eff. 5-13-22.)
 
6    (720 ILCS 5/17-30)  (was 720 ILCS 5/16C-2)
7    Sec. 17-30. Defaced, altered, or removed manufacturer or
8owner identification number.
9    (a) Unlawful sale of household appliances. A person
10commits unlawful sale of household appliances when he or she
11knowingly, with the intent to defraud or deceive another,
12keeps for sale, within any commercial context, any household
13appliance with a missing, defaced, obliterated, or otherwise
14altered manufacturer's identification number.
15    (b) Construction equipment identification defacement. A
16person commits construction equipment identification
17defacement when he or she knowingly changes, alters, removes,
18mutilates, or obliterates a permanently affixed serial number,
19product identification number, part number, component
20identification number, owner-applied identification, or other
21mark of identification attached to or stamped, inscribed,
22molded, or etched into a machine or other equipment, whether
23stationary or mobile or self-propelled, or a part of such
24machine or equipment, used in the construction, maintenance,
25or demolition of buildings, structures, bridges, tunnels,

 

 

HB2605- 186 -LRB103 26047 RLC 52402 b

1sewers, utility pipes or lines, ditches or open cuts, roads,
2highways, dams, airports, or waterways or in material handling
3for such projects.
4    The trier of fact may infer that the defendant has
5knowingly changed, altered, removed, or obliterated the serial
6number, product identification number, part number, component
7identification number, owner-applied identification number, or
8other mark of identification, if the defendant was in
9possession of any machine or other equipment or a part of such
10machine or equipment used in the construction, maintenance, or
11demolition of buildings, structures, bridges, tunnels, sewers,
12utility pipes or lines, ditches or open cuts, roads, highways,
13dams, airports, or waterways or in material handling for such
14projects upon which any such serial number, product
15identification number, part number, component identification
16number, owner-applied identification number, or other mark of
17identification has been changed, altered, removed, or
18obliterated.
19    (c) Defacement of manufacturer's serial number or
20identification mark. A person commits defacement of a
21manufacturer's serial number or identification mark when he or
22she knowingly removes, alters, defaces, covers, or destroys
23the manufacturer's serial number or any other manufacturer's
24number or distinguishing identification mark upon any machine
25or other article of merchandise, other than a motor vehicle as
26defined in Section 1-146 of the Illinois Vehicle Code or a

 

 

HB2605- 187 -LRB103 26047 RLC 52402 b

1firearm as defined in the Firearm Owners Identification Card
2Act, with the intent of concealing or destroying the identity
3of such machine or other article of merchandise.
4    (d) Sentence.
5        (1) A violation of subsection (a) of this Section is a
6    Class 4 felony if the value of the appliance or appliances
7    exceeds $1,000 and a Class B misdemeanor if the value of
8    the appliance or appliances is $1,000 or less.
9        (2) A violation of subsection (b) of this Section is a
10    Class A misdemeanor.
11        (3) A violation of subsection (c) of this Section is a
12    Class B misdemeanor.
13    (e) No liability shall be imposed upon any person for the
14unintentional failure to comply with subsection (a).
15    (f) Definitions. In this Section:
16    "Commercial context" means a continuing business
17enterprise conducted for profit by any person whose primary
18business is the wholesale or retail marketing of household
19appliances, or a significant portion of whose business or
20inventory consists of household appliances kept or sold on a
21wholesale or retail basis.
22    "Household appliance" means any gas or electric device or
23machine marketed for use as home entertainment or for
24facilitating or expediting household tasks or chores. The term
25shall include but not necessarily be limited to refrigerators,
26freezers, ranges, radios, television sets, vacuum cleaners,

 

 

HB2605- 188 -LRB103 26047 RLC 52402 b

1toasters, dishwashers, and other similar household items.
2    "Manufacturer's identification number" means any serial
3number or other similar numerical or alphabetical designation
4imprinted upon or attached to or placed, stamped, or otherwise
5imprinted upon or attached to a household appliance or item by
6the manufacturer for purposes of identifying a particular
7appliance or item individually or by lot number.
8(Source: P.A. 96-1551, eff. 7-1-11.)
 
9    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
10    Sec. 24-1. Unlawful use of weapons.
11    (a) A person commits the offense of unlawful use of
12weapons when he knowingly:
13        (1) Sells, manufactures, purchases, possesses or
14    carries any bludgeon, black-jack, slung-shot, sand-club,
15    sand-bag, metal knuckles or other knuckle weapon
16    regardless of its composition, throwing star, or any
17    knife, commonly referred to as a switchblade knife, which
18    has a blade that opens automatically by hand pressure
19    applied to a button, spring or other device in the handle
20    of the knife, or a ballistic knife, which is a device that
21    propels a knifelike blade as a projectile by means of a
22    coil spring, elastic material or compressed gas; or
23        (2) Carries or possesses with intent to use the same
24    unlawfully against another, a dagger, dirk, billy,
25    dangerous knife, razor, stiletto, broken bottle or other

 

 

HB2605- 189 -LRB103 26047 RLC 52402 b

1    piece of glass, stun gun or taser or any other dangerous or
2    deadly weapon or instrument of like character; or
3        (2.5) Carries or possesses with intent to use the same
4    unlawfully against another, any firearm in a church,
5    synagogue, mosque, or other building, structure, or place
6    used for religious worship; or
7        (3) Carries on or about his person or in any vehicle, a
8    tear gas gun projector or bomb or any object containing
9    noxious liquid gas or substance, other than an object
10    containing a non-lethal noxious liquid gas or substance
11    designed solely for personal defense carried by a person
12    18 years of age or older; or
13        (4) Carries or possesses in any vehicle or concealed
14    on or about his person except when on his land or in his
15    own abode, legal dwelling, or fixed place of business, or
16    on the land or in the legal dwelling of another person as
17    an invitee with that person's permission, any pistol,
18    revolver, stun gun or taser or other firearm, except that
19    this subsection (a)(4) does not apply to or affect
20    transportation of weapons that meet one of the following
21    conditions:
22            (i) are broken down in a non-functioning state; or
23            (ii) are not immediately accessible; or
24            (iii) are unloaded and enclosed in a case, firearm
25        carrying box, shipping box, or other container by a
26        person eligible under State and federal law to possess

 

 

HB2605- 190 -LRB103 26047 RLC 52402 b

1        a firearm who has been issued a currently valid
2        Firearm Owner's Identification Card; or
3            (iv) are carried or possessed in accordance with
4        the Firearm Concealed Carry Act by a person who has
5        been issued a currently valid license under the
6        Firearm Concealed Carry Act; or
7        (5) Sets a spring gun; or
8        (6) Possesses any device or attachment of any kind
9    designed, used or intended for use in silencing the report
10    of any firearm; or
11        (7) Sells, manufactures, purchases, possesses or
12    carries:
13            (i) a machine gun, which shall be defined for the
14        purposes of this subsection as any weapon, which
15        shoots, is designed to shoot, or can be readily
16        restored to shoot, automatically more than one shot
17        without manually reloading by a single function of the
18        trigger, including the frame or receiver of any such
19        weapon, or sells, manufactures, purchases, possesses,
20        or carries any combination of parts designed or
21        intended for use in converting any weapon into a
22        machine gun, or any combination or parts from which a
23        machine gun can be assembled if such parts are in the
24        possession or under the control of a person;
25            (ii) any rifle having one or more barrels less
26        than 16 inches in length or a shotgun having one or

 

 

HB2605- 191 -LRB103 26047 RLC 52402 b

1        more barrels less than 18 inches in length or any
2        weapon made from a rifle or shotgun, whether by
3        alteration, modification, or otherwise, if such a
4        weapon as modified has an overall length of less than
5        26 inches; or
6            (iii) any bomb, bomb-shell, grenade, bottle or
7        other container containing an explosive substance of
8        over one-quarter ounce for like purposes, such as, but
9        not limited to, black powder bombs and Molotov
10        cocktails or artillery projectiles; or
11        (8) Carries or possesses any firearm, stun gun or
12    taser or other deadly weapon in any place which is
13    licensed to sell intoxicating beverages, or at any public
14    gathering held pursuant to a license issued by any
15    governmental body or any public gathering at which an
16    admission is charged, excluding a place where a showing,
17    demonstration or lecture involving the exhibition of
18    unloaded firearms is conducted.
19        This subsection (a)(8) does not apply to any auction
20    or raffle of a firearm held pursuant to a license or permit
21    issued by a governmental body, nor does it apply to
22    persons engaged in firearm safety training courses; or
23        (9) Carries or possesses in a vehicle or on or about
24    his or her person any pistol, revolver, stun gun or taser
25    or firearm or ballistic knife, when he or she is hooded,
26    robed or masked in such manner as to conceal his or her

 

 

HB2605- 192 -LRB103 26047 RLC 52402 b

1    identity; or
2        (10) Carries or possesses on or about his or her
3    person, upon any public street, alley, or other public
4    lands within the corporate limits of a city, village, or
5    incorporated town, except when an invitee thereon or
6    therein, for the purpose of the display of such weapon or
7    the lawful commerce in weapons, or except when on his land
8    or in his or her own abode, legal dwelling, or fixed place
9    of business, or on the land or in the legal dwelling of
10    another person as an invitee with that person's
11    permission, any pistol, revolver, stun gun, or taser or
12    other firearm, except that this subsection (a)(10) does
13    not apply to or affect transportation of weapons that meet
14    one of the following conditions:
15            (i) are broken down in a non-functioning state; or
16            (ii) are not immediately accessible; or
17            (iii) are unloaded and enclosed in a case, firearm
18        carrying box, shipping box, or other container by a
19        person eligible under State and federal law to possess
20        a firearm who has been issued a currently valid
21        Firearm Owner's Identification Card; or
22            (iv) are carried or possessed in accordance with
23        the Firearm Concealed Carry Act by a person who has
24        been issued a currently valid license under the
25        Firearm Concealed Carry Act.
26        A "stun gun or taser", as used in this paragraph (a)

 

 

HB2605- 193 -LRB103 26047 RLC 52402 b

1    means (i) any device which is powered by electrical
2    charging units, such as, batteries, and which fires one or
3    several barbs attached to a length of wire and which, upon
4    hitting a human, can send out a current capable of
5    disrupting the person's nervous system in such a manner as
6    to render him incapable of normal functioning or (ii) any
7    device which is powered by electrical charging units, such
8    as batteries, and which, upon contact with a human or
9    clothing worn by a human, can send out current capable of
10    disrupting the person's nervous system in such a manner as
11    to render him incapable of normal functioning; or
12        (11) Sells, manufactures, delivers, imports,
13    possesses, or purchases any assault weapon attachment or
14    .50 caliber cartridge in violation of Section 24-1.9 or
15    any explosive bullet. For purposes of this paragraph (a)
16    "explosive bullet" means the projectile portion of an
17    ammunition cartridge which contains or carries an
18    explosive charge which will explode upon contact with the
19    flesh of a human or an animal. "Cartridge" means a tubular
20    metal case having a projectile affixed at the front
21    thereof and a cap or primer at the rear end thereof, with
22    the propellant contained in such tube between the
23    projectile and the cap; or
24        (12) (Blank); or
25        (13) Carries or possesses on or about his or her
26    person while in a building occupied by a unit of

 

 

HB2605- 194 -LRB103 26047 RLC 52402 b

1    government, a billy club, other weapon of like character,
2    or other instrument of like character intended for use as
3    a weapon. For the purposes of this Section, "billy club"
4    means a short stick or club commonly carried by police
5    officers which is either telescopic or constructed of a
6    solid piece of wood or other man-made material; or
7        (14) Manufactures, possesses, sells, or offers to
8    sell, purchase, manufacture, import, transfer, or use any
9    device, part, kit, tool, accessory, or combination of
10    parts that is designed to and functions to increase the
11    rate of fire of a semiautomatic firearm above the standard
12    rate of fire for semiautomatic firearms that is not
13    equipped with that device, part, or combination of parts;
14    or
15        (15) Carries or possesses any assault weapon or .50
16    caliber rifle in violation of Section 24-1.9; or
17        (16) Manufactures, sells, delivers, imports, or
18    purchases any assault weapon or .50 caliber rifle in
19    violation of Section 24-1.9.
20    (b) Sentence. A person convicted of a violation of
21subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
22subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)
23commits a Class A misdemeanor. A person convicted of a
24violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a
25Class 4 felony; a person convicted of a violation of
26subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or

 

 

HB2605- 195 -LRB103 26047 RLC 52402 b

124-1(a)(16) commits a Class 3 felony. A person convicted of a
2violation of subsection 24-1(a)(7)(i) commits a Class 2 felony
3and shall be sentenced to a term of imprisonment of not less
4than 3 years and not more than 7 years, unless the weapon is
5possessed in the passenger compartment of a motor vehicle as
6defined in Section 1-146 of the Illinois Vehicle Code, or on
7the person, while the weapon is loaded, in which case it shall
8be a Class X felony. A person convicted of a second or
9subsequent violation of subsection 24-1(a)(4), 24-1(a)(8),
1024-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a Class 3
11felony. A person convicted of a violation of subsection
1224-1(a)(2.5) or 24-1(a)(14) commits a Class 2 felony. The
13possession of each weapon or device in violation of this
14Section constitutes a single and separate violation.
15    (c) Violations in specific places.
16        (1) A person who violates subsection 24-1(a)(6) or
17    24-1(a)(7) in any school, regardless of the time of day or
18    the time of year, in residential property owned, operated
19    or managed by a public housing agency or leased by a public
20    housing agency as part of a scattered site or mixed-income
21    development, in a public park, in a courthouse, on the
22    real property comprising any school, regardless of the
23    time of day or the time of year, on residential property
24    owned, operated or managed by a public housing agency or
25    leased by a public housing agency as part of a scattered
26    site or mixed-income development, on the real property

 

 

HB2605- 196 -LRB103 26047 RLC 52402 b

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

 

 

HB2605- 197 -LRB103 26047 RLC 52402 b

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

 

 

HB2605- 198 -LRB103 26047 RLC 52402 b

1    transportation agency, or on any public way within 1,000
2    feet of the real property comprising any school, public
3    park, courthouse, public transportation facility, or
4    residential property owned, operated, or managed by a
5    public housing agency or leased by a public housing agency
6    as part of a scattered site or mixed-income development
7    commits a Class 4 felony. "Courthouse" means any building
8    that is used by the Circuit, Appellate, or Supreme Court
9    of this State for the conduct of official business.
10        (3) Paragraphs (1), (1.5), and (2) of this subsection
11    (c) shall not apply to law enforcement officers or
12    security officers of such school, college, or university
13    or to students carrying or possessing firearms for use in
14    training courses, parades, hunting, target shooting on
15    school ranges, or otherwise with the consent of school
16    authorities and which firearms are transported unloaded
17    enclosed in a suitable case, box, or transportation
18    package.
19        (4) For the purposes of this subsection (c), "school"
20    means any public or private elementary or secondary
21    school, community college, college, or university.
22        (5) For the purposes of this subsection (c), "public
23    transportation agency" means a public or private agency
24    that provides for the transportation or conveyance of
25    persons by means available to the general public, except
26    for transportation by automobiles not used for conveyance

 

 

HB2605- 199 -LRB103 26047 RLC 52402 b

1    of the general public as passengers; and "public
2    transportation facility" means a terminal or other place
3    where one may obtain public transportation.
4    (d) The presence in an automobile other than a public
5omnibus of any weapon, instrument or substance referred to in
6subsection (a)(7) is prima facie evidence that it is in the
7possession of, and is being carried by, all persons occupying
8such automobile at the time such weapon, instrument or
9substance is found, except under the following circumstances:
10(i) if such weapon, instrument or instrumentality is found
11upon the person of one of the occupants therein; or (ii) if
12such weapon, instrument or substance is found in an automobile
13operated for hire by a duly licensed driver in the due, lawful
14and proper pursuit of his or her trade, then such presumption
15shall not apply to the driver.
16    (e) Exemptions.
17        (1) Crossbows, Common or Compound bows and Underwater
18    Spearguns are exempted from the definition of ballistic
19    knife as defined in paragraph (1) of subsection (a) of
20    this Section.
21        (2) The provision of paragraph (1) of subsection (a)
22    of this Section prohibiting the sale, manufacture,
23    purchase, possession, or carrying of any knife, commonly
24    referred to as a switchblade knife, which has a blade that
25    opens automatically by hand pressure applied to a button,
26    spring or other device in the handle of the knife, does not

 

 

HB2605- 200 -LRB103 26047 RLC 52402 b

1    apply to a person eligible under State and federal law to
2    possess a firearm who possesses a currently valid Firearm
3    Owner's Identification Card previously issued in his or
4    her name by the Illinois State Police or to a person or an
5    entity engaged in the business of selling or manufacturing
6    switchblade knives.
7(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;
8102-1116, eff. 1-10-23.)
 
9    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
10    Sec. 24-1.1. Unlawful use or possession of weapons by
11felons or persons in the custody of the Department of
12Corrections facilities.
13    (a) It is unlawful for a person to knowingly possess on or
14about his person or on his land or in his own abode or fixed
15place of business any weapon prohibited under Section 24-1 of
16this Act or any firearm or any firearm ammunition if the person
17has been convicted of a felony under the laws of this State or
18any other jurisdiction. This Section shall not apply if the
19person has been granted relief under this subsection by the
20Director of the Illinois State Police under Section 10 of the
21Firearm Owners Identification Card Act. A person prohibited
22from possessing a firearm under this subsection (a) may
23petition the Director of the Illinois State Police for a
24hearing and relief from the prohibition, unless the
25prohibition was based upon a forcible felony, stalking,

 

 

HB2605- 201 -LRB103 26047 RLC 52402 b

1aggravated stalking, domestic battery, any violation of the
2Illinois Controlled Substances Act, the Methamphetamine
3Control and Community Protection Act, or the Cannabis Control
4Act that is classified as a Class 2 or greater felony, any
5felony violation of Article 24 of the Criminal Code of 1961 or
6the Criminal Code of 2012, or any adjudication as a delinquent
7minor for the commission of an offense that if committed by an
8adult would be a felony, in which case the person may petition
9the circuit court in writing in the county of his or her
10residence for a hearing and relief from the prohibition. The
11Director or court may grant the relief if it is established by
12the petitioner to the court's or Director's satisfaction that:
13        (1) when in the circuit court, the State's Attorney
14    has been served with a written copy of the petition at
15    least 30 days before any hearing in the circuit court and
16    at the hearing the State's Attorney was afforded an
17    opportunity to present evidence and object to the
18    petition;
19        (2) the petitioner has not been convicted of a
20    forcible felony under the laws of this State or any other
21    jurisdiction within 20 years of the filing of the
22    petition, or at least 20 years have passed since the end of
23    any period of imprisonment imposed in relation to that
24    conviction;
25        (3) the circumstances regarding a criminal conviction,
26    where applicable, the petitioner's criminal history and

 

 

HB2605- 202 -LRB103 26047 RLC 52402 b

1    his or her reputation are such that the petitioner will
2    not be likely to act in a manner dangerous to public
3    safety;
4        (4) granting relief would not be contrary to the
5    public interest; and
6        (5) granting relief would not be contrary to federal
7    law.
8    (b) It is unlawful for any person confined in a penal
9institution, which is a facility of the Illinois Department of
10Corrections, to possess any weapon prohibited under Section
1124-1 of this Code or any firearm or firearm ammunition,
12regardless of the intent with which he possesses it.
13    (c) It shall be an affirmative defense to a violation of
14subsection (b), that such possession was specifically
15authorized by rule, regulation, or directive of the Illinois
16Department of Corrections or order issued pursuant thereto.
17    (d) The defense of necessity is not available to a person
18who is charged with a violation of subsection (b) of this
19Section.
20    (e) Sentence. Violation of this Section by a person not
21confined in a penal institution shall be a Class 3 felony for
22which the person shall be sentenced to no less than 2 years and
23no more than 10 years. A second or subsequent violation of this
24Section shall be a Class 2 felony for which the person shall be
25sentenced to a term of imprisonment of not less than 3 years
26and not more than 14 years, except as provided for in Section

 

 

HB2605- 203 -LRB103 26047 RLC 52402 b

15-4.5-110 of the Unified Code of Corrections. Violation of
2this Section by a person not confined in a penal institution
3who has been convicted of a forcible felony, a felony
4violation of Article 24 of this Code or of the Firearm Owners
5Identification Card Act, stalking or aggravated stalking, or a
6Class 2 or greater felony under the Illinois Controlled
7Substances Act, the Cannabis Control Act, or the
8Methamphetamine Control and Community Protection Act is a
9Class 2 felony for which the person shall be sentenced to not
10less than 3 years and not more than 14 years, except as
11provided for in Section 5-4.5-110 of the Unified Code of
12Corrections. Violation of this Section by a person who is on
13parole or mandatory supervised release is a Class 2 felony for
14which the person shall be sentenced to not less than 3 years
15and not more than 14 years, except as provided for in Section
165-4.5-110 of the Unified Code of Corrections. Violation of
17this Section by a person not confined in a penal institution is
18a Class X felony when the firearm possessed is a machine gun.
19Any person who violates this Section while confined in a penal
20institution, which is a facility of the Illinois Department of
21Corrections, is guilty of a Class 1 felony, if he possesses any
22weapon prohibited under Section 24-1 of this Code regardless
23of the intent with which he possesses it, a Class X felony if
24he possesses any firearm, firearm ammunition or explosive, and
25a Class X felony for which the offender shall be sentenced to
26not less than 12 years and not more than 50 years when the

 

 

HB2605- 204 -LRB103 26047 RLC 52402 b

1firearm possessed is a machine gun. A violation of this
2Section while wearing or in possession of body armor as
3defined in Section 33F-1 is a Class X felony punishable by a
4term of imprisonment of not less than 10 years and not more
5than 40 years. The possession of each firearm or firearm
6ammunition in violation of this Section constitutes a single
7and separate violation.
8(Source: P.A. 102-538, eff. 8-20-21.)
 
9    (720 ILCS 5/24-1.6)
10    Sec. 24-1.6. Aggravated unlawful use of a weapon.
11    (a) A person commits the offense of aggravated unlawful
12use of a weapon when he or she knowingly:
13        (1) Carries on or about his or her person or in any
14    vehicle or concealed on or about his or her person except
15    when on his or her land or in his or her abode, legal
16    dwelling, or fixed place of business, or on the land or in
17    the legal dwelling of another person as an invitee with
18    that person's permission, any pistol, revolver, stun gun
19    or taser or other firearm; or
20        (2) Carries or possesses on or about his or her
21    person, upon any public street, alley, or other public
22    lands within the corporate limits of a city, village or
23    incorporated town, except when an invitee thereon or
24    therein, for the purpose of the display of such weapon or
25    the lawful commerce in weapons, or except when on his or

 

 

HB2605- 205 -LRB103 26047 RLC 52402 b

1    her own land or in his or her own abode, legal dwelling, or
2    fixed place of business, or on the land or in the legal
3    dwelling of another person as an invitee with that
4    person's permission, any pistol, revolver, stun gun or
5    taser or other firearm; and
6        (3) One of the following factors is present:
7            (A) the firearm, other than a pistol, revolver, or
8        handgun, possessed was uncased, loaded, and
9        immediately accessible at the time of the offense; or
10            (A-5) the pistol, revolver, or handgun possessed
11        was uncased, loaded, and immediately accessible at the
12        time of the offense and the person possessing the
13        pistol, revolver, or handgun has not been issued a
14        currently valid license under the Firearm Concealed
15        Carry Act; or
16            (B) the firearm, other than a pistol, revolver, or
17        handgun, possessed was uncased, unloaded, and the
18        ammunition for the weapon was immediately accessible
19        at the time of the offense; or
20            (B-5) the pistol, revolver, or handgun possessed
21        was uncased, unloaded, and the ammunition for the
22        weapon was immediately accessible at the time of the
23        offense and the person possessing the pistol,
24        revolver, or handgun has not been issued a currently
25        valid license under the Firearm Concealed Carry Act;
26        or

 

 

HB2605- 206 -LRB103 26047 RLC 52402 b

1            (C) (blank); or the person possessing the firearm
2        has not been issued a currently valid Firearm Owner's
3        Identification Card; or
4            (D) the person possessing the weapon was
5        previously adjudicated a delinquent minor under the
6        Juvenile Court Act of 1987 for an act that if committed
7        by an adult would be a felony; or
8            (E) the person possessing the weapon was engaged
9        in a misdemeanor violation of the Cannabis Control
10        Act, in a misdemeanor violation of the Illinois
11        Controlled Substances Act, or in a misdemeanor
12        violation of the Methamphetamine Control and Community
13        Protection Act; or
14            (F) (blank); or
15            (G) the person possessing the weapon had an order
16        of protection issued against him or her within the
17        previous 2 years; or
18            (H) the person possessing the weapon was engaged
19        in the commission or attempted commission of a
20        misdemeanor involving the use or threat of violence
21        against the person or property of another; or
22            (I) the person possessing the weapon was under 21
23        years of age and in possession of a handgun, unless the
24        person under 21 is engaged in lawful activities under
25        the Wildlife Code or described in subsection
26        24-2(b)(1), (b)(3), or 24-2(f).

 

 

HB2605- 207 -LRB103 26047 RLC 52402 b

1    (a-5) "Handgun" as used in this Section has the meaning
2given to it in Section 5 of the Firearm Concealed Carry Act.
3    (b) "Stun gun or taser" as used in this Section has the
4same definition given to it in Section 24-1 of this Code.
5    (c) This Section does not apply to or affect the
6transportation or possession of weapons that:
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 person
11    is eligible under State and federal law to possess a
12    firearm who has been issued a currently valid Firearm
13    Owner's Identification Card.
14    (d) Sentence.
15        (1) Aggravated unlawful use of a weapon is a Class 4
16    felony; a second or subsequent offense is a Class 2 felony
17    for which the person shall be sentenced to a term of
18    imprisonment of not less than 3 years and not more than 7
19    years, except as provided for in Section 5-4.5-110 of the
20    Unified Code of Corrections.
21        (2) (Blank). Except as otherwise provided in
22    paragraphs (3) and (4) of this subsection (d), a first
23    offense of aggravated unlawful use of a weapon committed
24    with a firearm by a person 18 years of age or older where
25    the factors listed in both items (A) and (C) or both items
26    (A-5) and (C) of paragraph (3) of subsection (a) are

 

 

HB2605- 208 -LRB103 26047 RLC 52402 b

1    present is a Class 4 felony, for which the person shall be
2    sentenced to a term of imprisonment of not less than one
3    year and not more than 3 years.
4        (3) Aggravated unlawful use of a weapon by a person
5    who has been previously convicted of a felony in this
6    State or another jurisdiction is a Class 2 felony for
7    which the person shall be sentenced to a term of
8    imprisonment of not less than 3 years and not more than 7
9    years, except as provided for in Section 5-4.5-110 of the
10    Unified Code of Corrections.
11        (4) Aggravated unlawful use of a weapon while wearing
12    or in possession of body armor as defined in Section 33F-1
13    by a person who is prohibited under State or federal law
14    from possessing a firearm has not been issued a valid
15    Firearms Owner's Identification Card in accordance with
16    Section 5 of the Firearm Owners Identification Card Act is
17    a Class X felony.
18    (e) The possession of each firearm in violation of this
19Section constitutes a single and separate violation.
20(Source: P.A. 100-3, eff. 1-1-18; 100-201, eff. 8-18-17.)
 
21    (720 ILCS 5/24-1.8)
22    Sec. 24-1.8. Unlawful possession of a firearm by a street
23gang member.
24    (a) A person commits unlawful possession of a firearm by a
25street gang member when he or she knowingly:

 

 

HB2605- 209 -LRB103 26047 RLC 52402 b

1        (1) possesses, carries, or conceals on or about his or
2    her person a firearm and firearm ammunition while on any
3    street, road, alley, gangway, sidewalk, or any other
4    lands, except when inside his or her own abode or inside
5    his or her fixed place of business, and has not been issued
6    a currently valid Firearm Owner's Identification Card and
7    is a member of a street gang; or
8        (2) possesses or carries in any vehicle a firearm and
9    firearm ammunition which are both immediately accessible
10    at the time of the offense while on any street, road,
11    alley, or any other lands, except when inside his or her
12    own abode or garage, and has not been issued a currently
13    valid Firearm Owner's Identification Card and is a member
14    of a street gang.
15    (b) Unlawful possession of a firearm by a street gang
16member is a Class 2 felony for which the person, if sentenced
17to a term of imprisonment, shall be sentenced to no less than 3
18years and no more than 10 years. A period of probation, a term
19of periodic imprisonment or conditional discharge shall not be
20imposed for the offense of unlawful possession of a firearm by
21a street gang member when the firearm was loaded or contained
22firearm ammunition and the court shall sentence the offender
23to not less than the minimum term of imprisonment authorized
24for the Class 2 felony.
25    (c) For purposes of this Section:
26        "Street gang" or "gang" has the meaning ascribed to it

 

 

HB2605- 210 -LRB103 26047 RLC 52402 b

1    in Section 10 of the Illinois Streetgang Terrorism Omnibus
2    Prevention Act.
3        "Street gang member" or "gang member" has the meaning
4    ascribed to it in Section 10 of the Illinois Streetgang
5    Terrorism Omnibus Prevention Act.
6(Source: P.A. 96-829, eff. 12-3-09.)
 
7    (720 ILCS 5/24-1.9)
8    Sec. 24-1.9. Manufacture, possession, delivery, sale, and
9purchase of assault weapons, .50 caliber rifles, and .50
10caliber cartridges.
11    (a) Definitions. In this Section:
12    (1) "Assault weapon" means any of the following, except as
13provided in subdivision (2) of this subsection:
14        (A) A semiautomatic rifle that has the capacity to
15    accept a detachable magazine or that may be readily
16    modified to accept a detachable magazine, if the firearm
17    has one or more of the following:
18            (i) a pistol grip or thumbhole stock;
19            (ii) any feature capable of functioning as a
20        protruding grip that can be held by the non-trigger
21        hand;
22            (iii) a folding, telescoping, thumbhole, or
23        detachable stock, or a stock that is otherwise
24        foldable or adjustable in a manner that operates to
25        reduce the length, size, or any other dimension, or

 

 

HB2605- 211 -LRB103 26047 RLC 52402 b

1        otherwise enhances the concealability of, the weapon;
2            (iv) a flash suppressor;
3            (v) a grenade launcher;
4            (vi) a shroud attached to the barrel or that
5        partially or completely encircles the barrel, allowing
6        the bearer to hold the firearm with the non-trigger
7        hand without being burned, but excluding a slide that
8        encloses the barrel.
9        (B) A semiautomatic rifle that has a fixed magazine
10    with the capacity to accept more than 10 rounds, except
11    for an attached tubular device designed to accept, and
12    capable of operating only with, .22 caliber rimfire
13    ammunition.
14        (C) A semiautomatic pistol that has the capacity to
15    accept a detachable magazine or that may be readily
16    modified to accept a detachable magazine, if the firearm
17    has one or more of the following:
18            (i) a threaded barrel;
19            (ii) a second pistol grip or another feature
20        capable of functioning as a protruding grip that can
21        be held by the non-trigger hand;
22            (iii) a shroud attached to the barrel or that
23        partially or completely encircles the barrel, allowing
24        the bearer to hold the firearm with the non-trigger
25        hand without being burned, but excluding a slide that
26        encloses the barrel;

 

 

HB2605- 212 -LRB103 26047 RLC 52402 b

1            (iv) a flash suppressor;
2            (v) the capacity to accept a detachable magazine
3        at some location outside of the pistol grip; or
4            (vi) a buffer tube, arm brace, or other part that
5        protrudes horizontally behind the pistol grip and is
6        designed or redesigned to allow or facilitate a
7        firearm to be fired from the shoulder.
8        (D) A semiautomatic pistol that has a fixed magazine
9    with the capacity to accept more than 15 rounds.
10        (E) Any shotgun with a revolving cylinder.
11        (F) A semiautomatic shotgun that has one or more of
12    the following:
13            (i) a pistol grip or thumbhole stock;
14            (ii) any feature capable of functioning as a
15        protruding grip that can be held by the non-trigger
16        hand;
17            (iii) a folding or thumbhole stock;
18            (iv) a grenade launcher;
19            (v) a fixed magazine with the capacity of more
20        than 5 rounds; or
21            (vi) the capacity to accept a detachable magazine.
22        (G) Any semiautomatic firearm that has the capacity to
23    accept a belt ammunition feeding device.
24        (H) Any firearm that has been modified to be operable
25    as an assault weapon as defined in this Section.
26        (I) Any part or combination of parts designed or

 

 

HB2605- 213 -LRB103 26047 RLC 52402 b

1    intended to convert a firearm into an assault weapon,
2    including any combination of parts from which an assault
3    weapon may be readily assembled if those parts are in the
4    possession or under the control of the same person.
5        (J) All of the following rifles, copies, duplicates,
6    variants, or altered facsimiles with the capability of any
7    such weapon:
8            (i) All AK types, including the following:
9                (I) AK, AK47, AK47S, AK-74, AKM, AKS, ARM,
10            MAK90, MISR, NHM90, NHM91, SA85, SA93, Vector Arms
11            AK-47, VEPR, WASR-10, and WUM.
12                (II) IZHMASH Saiga AK.
13                (III) MAADI AK47 and ARM.
14                (IV) Norinco 56S, 56S2, 84S, and 86S.
15                (V) Poly Technologies AK47 and AKS.
16                (VI) SKS with a detachable magazine.
17            (ii) all AR types, including the following:
18                (I) AR-10.
19                (II) AR-15.
20                (III) Alexander Arms Overmatch Plus 16.
21                (IV) Armalite M15 22LR Carbine.
22                (V) Armalite M15-T.
23                (VI) Barrett REC7.
24                (VII) Beretta AR-70.
25                (VIII) Black Rain Ordnance Recon Scout.
26                (IX) Bushmaster ACR.

 

 

HB2605- 214 -LRB103 26047 RLC 52402 b

1                (X) Bushmaster Carbon 15.
2                (XI) Bushmaster MOE series.
3                (XII) Bushmaster XM15.
4                (XIII) Chiappa Firearms MFour rifles.
5                (XIV) Colt Match Target rifles.
6                (XV) CORE Rifle Systems CORE15 rifles.
7                (XVI) Daniel Defense M4A1 rifles.
8                (XVII) Devil Dog Arms 15 Series rifles.
9                (XVIII) Diamondback DB15 rifles.
10                (XIX) DoubleStar AR rifles.
11                (XX) DPMS Tactical rifles.
12                (XXI) DSA Inc. ZM-4 Carbine.
13                (XXII) Heckler & Koch MR556.
14                (XXIII) High Standard HSA-15 rifles.
15                (XXIV) Jesse James Nomad AR-15 rifle.
16                (XXV) Knight's Armament SR-15.
17                (XXVI) Lancer L15 rifles.
18                (XXVII) MGI Hydra Series rifles.
19                (XXVIII) Mossberg MMR Tactical rifles.
20                (XXIX) Noreen Firearms BN 36 rifle.
21                (XXX) Olympic Arms.
22                (XXXI) POF USA P415.
23                (XXXII) Precision Firearms AR rifles.
24                (XXXIII) Remington R-15 rifles.
25                (XXXIV) Rhino Arms AR rifles.
26                (XXXV) Rock River Arms LAR-15 or Rock River

 

 

HB2605- 215 -LRB103 26047 RLC 52402 b

1            Arms LAR-47.
2                (XXXVI) Sig Sauer SIG516 rifles and MCX
3            rifles.
4                (XXXVII) Smith & Wesson M&P15 rifles.
5                (XXXVIII) Stag Arms AR rifles.
6                (XXXIX) Sturm, Ruger & Co. SR556 and AR-556
7            rifles.
8                (XL) Uselton Arms Air-Lite M-4 rifles.
9                (XLI) Windham Weaponry AR rifles.
10                (XLII) WMD Guns Big Beast.
11                (XLIII) Yankee Hill Machine Company, Inc.
12            YHM-15 rifles.
13            (iii) Barrett M107A1.
14            (iv) Barrett M82A1.
15            (v) Beretta CX4 Storm.
16            (vi) Calico Liberty Series.
17            (vii) CETME Sporter.
18            (viii) Daewoo K-1, K-2, Max 1, Max 2, AR 100, and
19        AR 110C.
20            (ix) Fabrique Nationale/FN Herstal FAL, LAR, 22
21        FNC, 308 Match, L1A1 Sporter, PS90, SCAR, and FS2000.
22            (x) Feather Industries AT-9.
23            (xi) Galil Model AR and Model ARM.
24            (xii) Hi-Point Carbine.
25            (xiii) HK-91, HK-93, HK-94, HK-PSG-1, and HK USC.
26            (xiv) IWI TAVOR, Galil ACE rifle.

 

 

HB2605- 216 -LRB103 26047 RLC 52402 b

1            (xv) Kel-Tec Sub-2000, SU-16, and RFB.
2            (xvi) SIG AMT, SIG PE-57, Sig Sauer SG 550, Sig
3        Sauer SG 551, and SIG MCX.
4            (xvii) Springfield Armory SAR-48.
5            (xviii) Steyr AUG.
6            (xix) Sturm, Ruger & Co. Mini-14 Tactical Rifle
7        M-14/20CF.
8            (xx) All Thompson rifles, including the following:
9                (I) Thompson M1SB.
10                (II) Thompson T1100D.
11                (III) Thompson T150D.
12                (IV) Thompson T1B.
13                (V) Thompson T1B100D.
14                (VI) Thompson T1B50D.
15                (VII) Thompson T1BSB.
16                (VIII) Thompson T1-C.
17                (IX) Thompson T1D.
18                (X) Thompson T1SB.
19                (XI) Thompson T5.
20                (XII) Thompson T5100D.
21                (XIII) Thompson TM1.
22                (XIV) Thompson TM1C.
23            (xxi) UMAREX UZI rifle.
24            (xxii) UZI Mini Carbine, UZI Model A Carbine, and
25        UZI Model B Carbine.
26            (xxiii) Valmet M62S, M71S, and M78.

 

 

HB2605- 217 -LRB103 26047 RLC 52402 b

1            (xxiv) Vector Arms UZI Type.
2            (xxv) Weaver Arms Nighthawk.
3            (xxvi) Wilkinson Arms Linda Carbine.
4        (K) All of the following pistols, copies, duplicates,
5    variants, or altered facsimiles with the capability of any
6    such weapon thereof:
7            (i) All AK types, including the following:
8                (I) Centurion 39 AK pistol.
9                (II) CZ Scorpion pistol.
10                (III) Draco AK-47 pistol.
11                (IV) HCR AK-47 pistol.
12                (V) IO Inc. Hellpup AK-47 pistol.
13                (VI) Krinkov pistol.
14                (VII) Mini Draco AK-47 pistol.
15                (VIII) PAP M92 pistol.
16                (IX) Yugo Krebs Krink pistol.
17            (ii) All AR types, including the following:
18                (I) American Spirit AR-15 pistol.
19                (II) Bushmaster Carbon 15 pistol.
20                (III) Chiappa Firearms M4 Pistol GEN II.
21                (IV) CORE Rifle Systems CORE15 Roscoe pistol.
22                (V) Daniel Defense MK18 pistol.
23                (VI) DoubleStar Corporation AR pistol.
24                (VII) DPMS AR-15 pistol.
25                (VIII) Jesse James Nomad AR-15 pistol.
26                (IX) Olympic Arms AR-15 pistol.

 

 

HB2605- 218 -LRB103 26047 RLC 52402 b

1                (X) Osprey Armament MK-18 pistol.
2                (XI) POF USA AR pistols.
3                (XII) Rock River Arms LAR 15 pistol.
4                (XIII) Uselton Arms Air-Lite M-4 pistol.
5            (iii) Calico pistols.
6            (iv) DSA SA58 PKP FAL pistol.
7            (v) Encom MP-9 and MP-45.
8            (vi) Heckler & Koch model SP-89 pistol.
9            (vii) Intratec AB-10, TEC-22 Scorpion, TEC-9, and
10        TEC-DC9.
11            (viii) IWI Galil Ace pistol, UZI PRO pistol.
12            (ix) Kel-Tec PLR 16 pistol.
13            (x) All MAC types, including the following:
14                (I) MAC-10.
15                (II) MAC-11.
16                (III) Masterpiece Arms MPA A930 Mini Pistol,
17            MPA460 Pistol, MPA Tactical Pistol, and MPA Mini
18            Tactical Pistol.
19                (IV) Military Armament Corp. Ingram M-11.
20                (V) Velocity Arms VMAC.
21            (xi) Sig Sauer P556 pistol.
22            (xii) Sites Spectre.
23            (xiii) All Thompson types, including the
24        following:
25                (I) Thompson TA510D.
26                (II) Thompson TA5.

 

 

HB2605- 219 -LRB103 26047 RLC 52402 b

1            (xiv) All UZI types, including Micro-UZI.
2        (L) All of the following shotguns, copies, duplicates,
3    variants, or altered facsimiles with the capability of any
4    such weapon thereof:
5            (i) DERYA Anakon MC-1980, Anakon SD12.
6            (ii) Doruk Lethal shotguns.
7            (iii) Franchi LAW-12 and SPAS 12.
8            (iv) All IZHMASH Saiga 12 types, including the
9        following:
10                (I) IZHMASH Saiga 12.
11                (II) IZHMASH Saiga 12S.
12                (III) IZHMASH Saiga 12S EXP-01.
13                (IV) IZHMASH Saiga 12K.
14                (V) IZHMASH Saiga 12K-030.
15                (VI) IZHMASH Saiga 12K-040 Taktika.
16            (v) Streetsweeper.
17            (vi) Striker 12.
18    (2) "Assault weapon" does not include:
19        (A) Any firearm that is an unserviceable firearm or
20    has been made permanently inoperable.
21        (B) An antique firearm or a replica of an antique
22    firearm.
23        (C) A firearm that is manually operated by bolt, pump,
24    lever or slide action, unless the firearm is a shotgun
25    with a revolving cylinder.
26        (D) Any air rifle as defined in Section 24.8-0.1 of

 

 

HB2605- 220 -LRB103 26047 RLC 52402 b

1    this Code.
2        (E) Any handgun, as defined under the Firearm
3    Concealed Carry Act, unless otherwise listed in this
4    Section.
5    (3) "Assault weapon attachment" means any device capable
6of being attached to a firearm that is specifically designed
7for making or converting a firearm into any of the firearms
8listed in paragraph (1) of this subsection (a).
9    (4) "Antique firearm" has the meaning ascribed to it in 18
10U.S.C. 921(a)(16).
11    (5) ".50 caliber rifle" means a centerfire rifle capable
12of firing a .50 caliber cartridge. The term does not include
13any antique firearm, any shotgun including a shotgun that has
14a rifle barrel, or any muzzle-loader which uses black powder
15for hunting or historical reenactments.
16    (6) ".50 caliber cartridge" means a cartridge in .50 BMG
17caliber, either by designation or actual measurement, that is
18capable of being fired from a centerfire rifle. The term ".50
19caliber cartridge" does not include any memorabilia or display
20item that is filled with a permanent inert substance or that is
21otherwise permanently altered in a manner that prevents ready
22modification for use as live ammunition or shotgun ammunition
23with a caliber measurement that is equal to or greater than .50
24caliber.
25    (7) "Detachable magazine" means an ammunition feeding
26device that may be removed from a firearm without disassembly

 

 

HB2605- 221 -LRB103 26047 RLC 52402 b

1of the firearm action, including an ammunition feeding device
2that may be readily removed from a firearm with the use of a
3bullet, cartridge, accessory, or other tool, or any other
4object that functions as a tool, including a bullet or
5cartridge.
6    (8) "Fixed magazine" means an ammunition feeding device
7that is permanently attached to a firearm, or contained in and
8not removable from a firearm, or that is otherwise not a
9detachable magazine, but does not include an attached tubular
10device designed to accept, and capable of operating only with,
11.22 caliber rimfire ammunition.
12    (b) Except as provided in subsections (c), (d), and (e),
13on or after the effective date of this amendatory Act of the
14102nd General Assembly, it is unlawful for any person within
15this State to knowingly manufacture, deliver, sell, import, or
16purchase or cause to be manufactured, delivered, sold,
17imported, or purchased by another, an assault weapon, assault
18weapon attachment, .50 caliber rifle, or .50 caliber
19cartridge.
20    (c) Except as otherwise provided in subsection (d),
21beginning January 1, 2024, it is unlawful for any person
22within this State to knowingly possess an assault weapon,
23assault weapon attachment, .50 caliber rifle, or .50 caliber
24cartridge.
25    (d) This Section does not apply to a person's possession
26of an assault weapon, assault weapon attachment, .50 caliber

 

 

HB2605- 222 -LRB103 26047 RLC 52402 b

1rifle, or .50 caliber cartridge device if the person lawfully
2possessed that assault weapon, assault weapon attachment, .50
3caliber rifle, or .50 caliber cartridge prohibited by
4subsection (c) of this Section, if the person has provided in
5an endorsement affidavit, prior to January 1, 2024, under oath
6or affirmation and in the form and manner prescribed by the
7Illinois State Police, no later than October 1, 2023:
8        (1) the affiant's Firearm Owner's Identification Card
9    number;
10        (2) an affirmation that the affiant: (i) possessed an
11    assault weapon, assault weapon attachment, .50 caliber
12    rifle, or .50 caliber cartridge before the effective date
13    of this amendatory Act of the 102nd General Assembly; or
14    (ii) inherited the assault weapon, assault weapon
15    attachment, .50 caliber rifle, or .50 caliber cartridge
16    from a person with an endorsement under this Section or
17    from a person authorized under subdivisions (1) through
18    (5) of subsection (e) to possess the assault weapon,
19    assault weapon attachment, .50 caliber rifle, or .50
20    caliber cartridge; and
21        (3) the make, model, caliber, and serial number of the
22    .50 caliber rifle or assault weapon or assault weapons
23    listed in paragraphs (J), (K), and (L) of subdivision (1)
24    of subsection (a) of this Section possessed by the affiant
25    prior to the effective date of this amendatory Act of the
26    102nd General Assembly and any assault weapons identified

 

 

HB2605- 223 -LRB103 26047 RLC 52402 b

1    and published by the Illinois State Police pursuant to
2    this subdivision (3). No later than October 1, 2023, and
3    every October 1 thereafter, the Illinois State Police
4    shall, via rulemaking, identify, publish, and make
5    available on its website, the list of assault weapons
6    subject to an endorsement affidavit under this subsection
7    (d). The list shall identify, but is not limited to, the
8    copies, duplicates, variants, and altered facsimiles of
9    the assault weapons identified in paragraphs (J), (K), and
10    (L) of subdivision (1) of subsection (a) of this Section
11    and shall be consistent with the definition of "assault
12    weapon" identified in this Section. The Illinois State
13    Police may adopt emergency rulemaking in accordance with
14    Section 5-45 of the Illinois Administrative Procedure Act.
15    The adoption of emergency rules authorized by Section 5-45
16    of the Illinois Administrative Procedure Act and this
17    paragraph is deemed to be necessary for the public
18    interest, safety, and welfare.
19    The affidavit form shall include the following statement
20printed in bold type: "Warning: Entering false information on
21this form is punishable as perjury under Section 32-2 of the
22Criminal Code of 2012. Entering false information on this form
23is a violation of the Firearm Owners Identification Card Act."
24    In any administrative, civil, or criminal proceeding in
25this State, a completed endorsement affidavit submitted to the
26Illinois State Police by a person under this Section creates a

 

 

HB2605- 224 -LRB103 26047 RLC 52402 b

1rebuttable presumption that the person is entitled to possess
2and transport the assault weapon, assault weapon attachment,
3.50 caliber rifle, or .50 caliber cartridge.
4    Beginning 90 days after the effective date of this
5amendatory Act of the 102nd General Assembly, a person
6authorized under this Section to possess an assault weapon,
7assault weapon attachment, .50 caliber rifle, or .50 caliber
8cartridge shall possess such items only:
9        (1) on private property owned or immediately
10    controlled by the person;
11        (2) on private property that is not open to the public
12    with the express permission of the person who owns or
13    immediately controls such property;
14        (3) while on the premises of a licensed firearms
15    dealer or gunsmith for the purpose of lawful repair;
16        (4) while engaged in the legal use of the assault
17    weapon, assault weapon attachment, .50 caliber rifle, or
18    .50 caliber cartridge at a properly licensed firing range
19    or sport shooting competition venue; or
20        (5) while traveling to or from these locations,
21    provided that the assault weapon, assault weapon
22    attachment, or .50 caliber rifle is unloaded and the
23    assault weapon, assault weapon attachment, .50 caliber
24    rifle, or .50 caliber cartridge is enclosed in a case,
25    firearm carrying box, shipping box, or other container.
26    Beginning on January 1, 2024, the person with the

 

 

HB2605- 225 -LRB103 26047 RLC 52402 b

1endorsement for an assault weapon, assault weapon attachment,
2.50 caliber rifle, or .50 caliber cartridge or a person
3authorized under subdivisions (1) through (5) of subsection
4(e) to possess an assault weapon, assault weapon attachment,
5.50 caliber rifle, or .50 caliber cartridge may transfer the
6assault weapon, assault weapon attachment, .50 caliber rifle,
7or .50 caliber cartridge only to an heir, an individual
8residing in another state maintaining it in another state, or
9a dealer licensed as a federal firearms dealer under Section
10923 of the federal Gun Control Act of 1968. Within 10 days
11after transfer of the weapon except to an heir, the person
12shall notify the Illinois State Police of the name and address
13of the transferee and comply with the requirements of
14subsection (b) of Section 3 of the Firearm Owners
15Identification Card Act. The person to whom the weapon or
16ammunition is transferred shall, within 60 days of the
17transfer, complete an affidavit required under this Section. A
18person to whom the weapon is transferred may transfer it only
19as provided in this subsection.
20    Except as provided in subsection (e) and beginning on
21January 1, 2024, any person who moves into this State in
22possession of an assault weapon, assault weapon attachment,
23.50 caliber rifle, or .50 caliber cartridge shall, within 60
24days, apply for a Firearm Owners Identification Card and
25complete an endorsement application as outlined in subsection
26(d).

 

 

HB2605- 226 -LRB103 26047 RLC 52402 b

1    Notwithstanding any other law, information contained in
2the endorsement affidavit shall be confidential, is exempt
3from disclosure under the Freedom of Information Act, and
4shall not be disclosed, except to law enforcement agencies
5acting in the performance of their duties.
6    (e) The provisions of this Section regarding the purchase
7or possession of assault weapons, assault weapon attachments,
8.50 caliber rifles, and .50 cartridges, as well as the
9provisions of this Section that prohibit causing those items
10to be purchased or possessed, do not apply to:
11        (1) Peace officers, as defined in Section 2-13 of this
12    Code.
13        (2) Qualified law enforcement officers and qualified
14    retired law enforcement officers as defined in the Law
15    Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
16    and 926C) and as recognized under Illinois law.
17        (3) Acquisition and possession by a federal, State, or
18    local law enforcement agency for the purpose of equipping
19    the agency's peace officers as defined in paragraph (1) or
20    (2) of this subsection (e).
21        (4) Wardens, superintendents, and keepers of prisons,
22    penitentiaries, jails, and other institutions for the
23    detention of persons accused or convicted of an offense.
24        (5) Members of the Armed Services or Reserve Forces of
25    the United States or the Illinois National Guard, while
26    performing their official duties or while traveling to or

 

 

HB2605- 227 -LRB103 26047 RLC 52402 b

1    from their places of duty.
2        (6) Any company that employs armed security officers
3    in this State at a nuclear energy, storage, weapons, or
4    development site or facility regulated by the federal
5    Nuclear Regulatory Commission and any person employed as
6    an armed security force member at a nuclear energy,
7    storage, weapons, or development site or facility
8    regulated by the federal Nuclear Regulatory Commission who
9    has completed the background screening and training
10    mandated by the rules and regulations of the federal
11    Nuclear Regulatory Commission and while performing
12    official duties.
13        (7) Any private security contractor agency licensed
14    under the Private Detective, Private Alarm, Private
15    Security, Fingerprint Vendor, and Locksmith Act of 2004
16    that employs private security contractors and any private
17    security contractor who is licensed and has been issued a
18    firearm control card under the Private Detective, Private
19    Alarm, Private Security, Fingerprint Vendor, and Locksmith
20    Act of 2004 while performing official duties.
21    The provisions of this Section do not apply to the
22manufacture, delivery, sale, import, purchase, or possession
23of an assault weapon, assault weapon attachment, .50 caliber
24rifle, or .50 caliber cartridge or causing the manufacture,
25delivery, sale, importation, purchase, or possession of those
26items:

 

 

HB2605- 228 -LRB103 26047 RLC 52402 b

1        (A) for sale or transfer to persons authorized under
2    subdivisions (1) through (7) of this subsection (e) to
3    possess those items;
4        (B) for sale or transfer to the United States or any
5    department or agency thereof; or
6        (C) for sale or transfer in another state or for
7    export.
8    This Section does not apply to or affect any of the
9following:
10        (i) Possession of any firearm if that firearm is
11    sanctioned by the International Olympic Committee and by
12    USA Shooting, the national governing body for
13    international shooting competition in the United States,
14    but only when the firearm is in the actual possession of an
15    Olympic target shooting competitor or target shooting
16    coach for the purpose of storage, transporting to and from
17    Olympic target shooting practice or events if the firearm
18    is broken down in a nonfunctioning state, is not
19    immediately accessible, or is unloaded and enclosed in a
20    firearm case, carrying box, shipping box, or other similar
21    portable container designed for the safe transportation of
22    firearms, and when the Olympic target shooting competitor
23    or target shooting coach is engaging in those practices or
24    events. For the purposes of this paragraph (8), "firearm"
25    has the meaning provided in Section 2-7.5 1.1 of the
26    Firearm Owners Identification Card Act.

 

 

HB2605- 229 -LRB103 26047 RLC 52402 b

1        (ii) Any nonresident who transports, within 24 hours,
2    a weapon for any lawful purpose from any place where the
3    nonresident may lawfully possess and carry that weapon to
4    any other place where the nonresident may lawfully possess
5    and carry that weapon if, during the transportation, the
6    weapon is unloaded, and neither the weapon nor any
7    ammunition being transported is readily accessible or is
8    directly accessible from the passenger compartment of the
9    transporting vehicle. In the case of a vehicle without a
10    compartment separate from the driver's compartment, the
11    weapon or ammunition shall be contained in a locked
12    container other than the glove compartment or console.
13        (iii) Possession of a weapon at an event taking place
14    at the World Shooting and Recreational Complex at Sparta,
15    only while engaged in the legal use of the weapon, or while
16    traveling to or from that location if the weapon is broken
17    down in a nonfunctioning state, is not immediately
18    accessible, or is unloaded and enclosed in a firearm case,
19    carrying box, shipping box, or other similar portable
20    container designed for the safe transportation of
21    firearms.
22        (iv) Possession of a weapon only for hunting use
23    expressly permitted under the Wildlife Code, or while
24    traveling to or from a location authorized for this
25    hunting use under the Wildlife Code if the weapon is
26    broken down in a nonfunctioning state, is not immediately

 

 

HB2605- 230 -LRB103 26047 RLC 52402 b

1    accessible, or is unloaded and enclosed in a firearm case,
2    carrying box, shipping box, or other similar portable
3    container designed for the safe transportation of
4    firearms. By October 1, 2023, the Illinois State Police,
5    in consultation with the Department of Natural Resources,
6    shall adopt rules concerning the list of applicable
7    weapons approved under this subparagraph (iv). The
8    Illinois State Police may adopt emergency rules in
9    accordance with Section 5-45 of the Illinois
10    Administrative Procedure Act. The adoption of emergency
11    rules authorized by Section 5-45 of the Illinois
12    Administrative Procedure Act and this paragraph is deemed
13    to be necessary for the public interest, safety, and
14    welfare.
15        (v) The manufacture, transportation, possession, sale,
16    or rental of blank-firing assault weapons and .50 caliber
17    rifles, or the weapon's respective attachments, to persons
18    authorized or permitted, or both authorized and permitted,
19    to acquire and possess these weapons or attachments for
20    the purpose of rental for use solely as props for a motion
21    picture, television, or video production or entertainment
22    event.
23    Any person not subject to this Section may submit an
24endorsement affidavit if the person chooses.
25    (f) Any sale or transfer with a background check initiated
26to the Illinois State Police on or before the effective date of

 

 

HB2605- 231 -LRB103 26047 RLC 52402 b

1this amendatory Act of the 102nd General Assembly is allowed
2to be completed after the effective date of this amendatory
3Act once an approval is issued by the Illinois State Police and
4any applicable waiting period under Section 24-3 has expired.
5    (g) The Illinois State Police shall take all steps
6necessary to carry out the requirements of this Section within
7by October 1, 2023.
8    (h) The Department of the State Police shall also develop
9and implement a public notice and public outreach campaign to
10promote awareness about the provisions of this amendatory Act
11of the 102nd General Assembly and to increase compliance with
12this Section.
13(Source: P.A. 102-1116, eff. 1-10-23.)
 
14    (720 ILCS 5/24-1.10)
15    Sec. 24-1.10. Manufacture, delivery, sale, and possession
16of large capacity ammunition feeding devices.
17    (a) In this Section:
18    "Handgun" has the meaning ascribed to it in the Firearm
19Concealed Carry Act.
20    "Long gun" means a rifle or shotgun.
21    "Large capacity ammunition feeding device" means:
22        (1) a magazine, belt, drum, feed strip, or similar
23    device that has a capacity of, or that can be readily
24    restored or converted to accept, more than 10 rounds of
25    ammunition for long guns and more than 15 rounds of

 

 

HB2605- 232 -LRB103 26047 RLC 52402 b

1    ammunition for handguns; or
2        (2) any combination of parts from which a device
3    described in paragraph (1) can be assembled.
4    "Large capacity ammunition feeding device" does not
5include an attached tubular device designed to accept, and
6capable of operating only with, .22 caliber rimfire
7ammunition. "Large capacity ammunition feeding device" does
8not include a tubular magazine that is contained in a
9lever-action firearm or any device that has been made
10permanently inoperable.
11    (b) Except as provided in subsections (e) and (f), it is
12unlawful for any person within this State to knowingly
13manufacture, deliver, sell, purchase, or cause to be
14manufactured, delivered, sold, or purchased a large capacity
15ammunition feeding device.
16    (c) Except as provided in subsections (d), (e), and (f),
17and beginning 90 days after the effective date of this
18amendatory Act of the 102nd General Assembly, it is unlawful
19to knowingly possess a large capacity ammunition feeding
20device.
21    (d) Subsection (c) does not apply to a person's possession
22of a large capacity ammunition feeding device if the person
23lawfully possessed that large capacity ammunition feeding
24device before the effective date of this amendatory Act of the
25102nd General Assembly, provided that the person shall possess
26such device only:

 

 

HB2605- 233 -LRB103 26047 RLC 52402 b

1        (1) on private property owned or immediately
2    controlled by the person;
3        (2) on private property that is not open to the public
4    with the express permission of the person who owns or
5    immediately controls such property;
6        (3) while on the premises of a licensed firearms
7    dealer or gunsmith for the purpose of lawful repair;
8        (4) while engaged in the legal use of the large
9    capacity ammunition feeding device at a properly licensed
10    firing range or sport shooting competition venue; or
11        (5) while traveling to or from these locations,
12    provided that the large capacity ammunition feeding device
13    is stored unloaded and enclosed in a case, firearm
14    carrying box, shipping box, or other container.
15    A person authorized under this Section to possess a large
16capacity ammunition feeding device may transfer the large
17capacity ammunition feeding device only to an heir, an
18individual residing in another state maintaining it in another
19state, or a dealer licensed as a federal firearms dealer under
20Section 923 of the federal Gun Control Act of 1968. Within 10
21days after transfer of the large capacity ammunition feeding
22device except to an heir, the person shall notify the Illinois
23State Police of the name and address of the transferee and
24comply with the requirements of subsection (b) of Section 3 of
25the Firearm Owners Identification Card Act. The person to whom
26the large capacity ammunition feeding device is transferred

 

 

HB2605- 234 -LRB103 26047 RLC 52402 b

1shall, within 60 days of the transfer, notify the Illinois
2State Police of the person's acquisition and comply with the
3requirements of subsection (b) of Section 3 of the Firearm
4Owners Identification Card Act. A person to whom the large
5capacity ammunition feeding device is transferred may transfer
6it only as provided in this subsection.
7    Except as provided in subsections (e) and (f) and
8beginning 90 days after the effective date of this amendatory
9Act of the 102nd General Assembly, any person who moves into
10this State in possession of a large capacity ammunition
11feeding device shall, within 60 days, apply for a Firearm
12Owners Identification Card.
13    (e) The provisions of this Section regarding the purchase
14or possession of large capacity ammunition feeding devices, as
15well as the provisions of this Section that prohibit causing
16those items to be purchased or possessed, do not apply to:
17        (1) Peace officers as defined in Section 2-13 of this
18    Code.
19        (2) Qualified law enforcement officers and qualified
20    retired law enforcement officers as defined in the Law
21    Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B
22    and 926C) and as recognized under Illinois law.
23        (3) A federal, State, or local law enforcement agency
24    for the purpose of equipping the agency's peace officers
25    as defined in paragraph (1) or (2) of this subsection (e).
26        (4) Wardens, superintendents, and keepers of prisons,

 

 

HB2605- 235 -LRB103 26047 RLC 52402 b

1    penitentiaries, jails, and other institutions for the
2    detention of persons accused or convicted of an offense.
3        (5) Members of the Armed Services or Reserve Forces of
4    the United States or the Illinois National Guard, while
5    their official duties or while traveling to or from their
6    places of duty.
7        (6) Any company that employs armed security officers
8    in this State at a nuclear energy, storage, weapons, or
9    development site or facility regulated by the federal
10    Nuclear Regulatory Commission and any person employed as
11    an armed security force member at a nuclear energy,
12    storage, weapons, or development site or facility
13    regulated by the federal Nuclear Regulatory Commission who
14    has completed the background screening and training
15    mandated by the rules and regulations of the federal
16    Nuclear Regulatory Commission and while performing
17    official duties.
18        (7) Any private security contractor agency licensed
19    under the Private Detective, Private Alarm, Private
20    Security, Fingerprint Vendor, and Locksmith Act of 2004
21    that employs private security contractors and any private
22    security contractor who is licensed and has been issued a
23    firearm control card under the Private Detective, Private
24    Alarm, Private Security, Fingerprint Vendor, and Locksmith
25    Act of 2004 while performing official duties.
26    (f) This Section does not apply to or affect any of the

 

 

HB2605- 236 -LRB103 26047 RLC 52402 b

1following:
2        (1) Manufacture, delivery, sale, importation,
3    purchase, or possession or causing to be manufactured,
4    delivered, sold, imported, purchased, or possessed a large
5    capacity ammunition feeding device:
6            (A) for sale or transfer to persons authorized
7        under subdivisions (1) through (7) of subsection (e)
8        to possess those items;
9            (B) for sale or transfer to the United States or
10        any department or agency thereof; or
11            (C) for sale or transfer in another state or for
12        export.
13        (2) Sale or rental of large capacity ammunition
14    feeding devices for blank-firing assault weapons and .50
15    caliber rifles, to persons authorized or permitted, or
16    both authorized and permitted, to acquire these devices
17    for the purpose of rental for use solely as props for a
18    motion picture, television, or video production or
19    entertainment event.
20    (g) Sentence. A person who knowingly manufactures,
21delivers, sells, purchases, possesses, or causes to be
22manufactured, delivered, sold, possessed, or purchased in
23violation of this Section a large capacity ammunition feeding
24device capable of holding more than 10 rounds of ammunition
25for long guns or more than 15 rounds of ammunition for handguns
26commits a petty offense with a fine of $1,000 for each

 

 

HB2605- 237 -LRB103 26047 RLC 52402 b

1violation.
2    (h) The Department of the State Police shall also develop
3and implement a public notice and public outreach campaign to
4promote awareness about the provisions of this amendatory Act
5of the 102nd General Assembly and to increase compliance with
6this Section.
7(Source: P.A. 102-1116, eff. 1-10-23.)
 
8    (720 ILCS 5/24-2)
9    Sec. 24-2. Exemptions.
10    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1124-1(a)(13) and Section 24-1.6 do not apply to or affect any of
12the following:
13        (1) Peace officers, and any person summoned by a peace
14    officer to assist in making arrests or preserving the
15    peace, while actually engaged in assisting such officer.
16        (2) Wardens, superintendents and keepers of prisons,
17    penitentiaries, jails and other institutions for the
18    detention of persons accused or convicted of an offense,
19    while in the performance of their official duty, or while
20    commuting between their homes and places of employment.
21        (3) Members of the Armed Services or Reserve Forces of
22    the United States or the Illinois National Guard or the
23    Reserve Officers Training Corps, while in the performance
24    of their official duty.
25        (4) Special agents employed by a railroad or a public

 

 

HB2605- 238 -LRB103 26047 RLC 52402 b

1    utility to perform police functions, and guards of armored
2    car companies, while actually engaged in the performance
3    of the duties of their employment or commuting between
4    their homes and places of employment; and watchmen while
5    actually engaged in the performance of the duties of their
6    employment.
7        (5) Persons licensed as private security contractors,
8    private detectives, or private alarm contractors, or
9    employed by a private security contractor, private
10    detective, or private alarm contractor agency licensed by
11    the Department of Financial and Professional Regulation,
12    if their duties include the carrying of a weapon under the
13    provisions of the Private Detective, Private Alarm,
14    Private Security, Fingerprint Vendor, and Locksmith Act of
15    2004, while actually engaged in the performance of the
16    duties of their employment or commuting between their
17    homes and places of employment. A person shall be
18    considered eligible for this exemption if he or she has
19    completed the required 20 hours of training for a private
20    security contractor, private detective, or private alarm
21    contractor, or employee of a licensed private security
22    contractor, private detective, or private alarm contractor
23    agency and 28 hours of required firearm training, and has
24    been issued a firearm control card by the Department of
25    Financial and Professional Regulation. Conditions for the
26    renewal of firearm control cards issued under the

 

 

HB2605- 239 -LRB103 26047 RLC 52402 b

1    provisions of this Section shall be the same as for those
2    cards issued under the provisions of the Private
3    Detective, Private Alarm, Private Security, Fingerprint
4    Vendor, and Locksmith Act of 2004. The firearm control
5    card shall be carried by the private security contractor,
6    private detective, or private alarm contractor, or
7    employee of the licensed private security contractor,
8    private detective, or private alarm contractor agency at
9    all times when he or she is in possession of a concealable
10    weapon permitted by his or her firearm control card.
11        (6) Any person regularly employed in a commercial or
12    industrial operation as a security guard for the
13    protection of persons employed and private property
14    related to such commercial or industrial operation, while
15    actually engaged in the performance of his or her duty or
16    traveling between sites or properties belonging to the
17    employer, and who, as a security guard, is a member of a
18    security force registered with the Department of Financial
19    and Professional Regulation; provided that such security
20    guard has successfully completed a course of study,
21    approved by and supervised by the Department of Financial
22    and Professional Regulation, consisting of not less than
23    48 hours of training that includes the theory of law
24    enforcement, liability for acts, and the handling of
25    weapons. A person shall be considered eligible for this
26    exemption if he or she has completed the required 20 hours

 

 

HB2605- 240 -LRB103 26047 RLC 52402 b

1    of training for a security officer and 28 hours of
2    required firearm training, and has been issued a firearm
3    control card by the Department of Financial and
4    Professional Regulation. Conditions for the renewal of
5    firearm control cards issued under the provisions of this
6    Section shall be the same as for those cards issued under
7    the provisions of the Private Detective, Private Alarm,
8    Private Security, Fingerprint Vendor, and Locksmith Act of
9    2004. The firearm control card shall be carried by the
10    security guard at all times when he or she is in possession
11    of a concealable weapon permitted by his or her firearm
12    control card.
13        (7) Agents and investigators of the Illinois
14    Legislative Investigating Commission authorized by the
15    Commission to carry the weapons specified in subsections
16    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
17    any investigation for the Commission.
18        (8) Persons employed by a financial institution as a
19    security guard for the protection of other employees and
20    property related to such financial institution, while
21    actually engaged in the performance of their duties,
22    commuting between their homes and places of employment, or
23    traveling between sites or properties owned or operated by
24    such financial institution, and who, as a security guard,
25    is a member of a security force registered with the
26    Department; provided that any person so employed has

 

 

HB2605- 241 -LRB103 26047 RLC 52402 b

1    successfully completed a course of study, approved by and
2    supervised by the Department of Financial and Professional
3    Regulation, consisting of not less than 48 hours of
4    training which includes theory of law enforcement,
5    liability for acts, and the handling of weapons. A person
6    shall be considered to be eligible for this exemption if
7    he or she has completed the required 20 hours of training
8    for a security officer and 28 hours of required firearm
9    training, and has been issued a firearm control card by
10    the Department of Financial and Professional Regulation.
11    Conditions for renewal of firearm control cards issued
12    under the provisions of this Section shall be the same as
13    for those issued under the provisions of the Private
14    Detective, Private Alarm, Private Security, Fingerprint
15    Vendor, and Locksmith Act of 2004. The firearm control
16    card shall be carried by the security guard at all times
17    when he or she is in possession of a concealable weapon
18    permitted by his or her firearm control card. For purposes
19    of this subsection, "financial institution" means a bank,
20    savings and loan association, credit union or company
21    providing armored car services.
22        (9) Any person employed by an armored car company to
23    drive an armored car, while actually engaged in the
24    performance of his duties.
25        (10) Persons who have been classified as peace
26    officers pursuant to the Peace Officer Fire Investigation

 

 

HB2605- 242 -LRB103 26047 RLC 52402 b

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 Appellate
5    Prosecutor to carry weapons pursuant to Section 7.06 of
6    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) Probation officers while in the performance of
10    their duties, or while commuting between their homes,
11    places of employment or specific locations that are part
12    of their assigned duties, with the consent of the chief
13    judge of the circuit for which they are employed, if they
14    have received weapons training according to requirements
15    of the Peace Officer and Probation Officer Firearm
16    Training Act.
17        (13) Court Security Officers while in the performance
18    of their official duties, or while commuting between their
19    homes and places of employment, with the consent of the
20    Sheriff.
21        (13.5) A person employed as an armed security guard at
22    a nuclear energy, storage, weapons or development site or
23    facility regulated by the Nuclear Regulatory Commission
24    who has completed the background screening and training
25    mandated by the rules and regulations of the Nuclear
26    Regulatory Commission.

 

 

HB2605- 243 -LRB103 26047 RLC 52402 b

1        (14) Manufacture, transportation, or sale of weapons
2    to persons authorized under subdivisions (1) through
3    (13.5) of this subsection to possess those weapons.
4    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
5to or affect any person carrying a concealed pistol, revolver,
6or handgun and the person has been issued a currently valid
7license under the Firearm Concealed Carry Act at the time of
8the commission of the offense.
9    (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
10to or affect a qualified current or retired law enforcement
11officer or a current or retired deputy, county correctional
12officer, or correctional officer of the Department of
13Corrections qualified under the laws of this State or under
14the federal Law Enforcement Officers Safety Act.
15    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1624-1.6 do not apply to or affect any of the following:
17        (1) Members of any club or organization organized for
18    the purpose of practicing shooting at targets upon
19    established target ranges, whether public or private, and
20    patrons of such ranges, while such members or patrons are
21    using their firearms on those target ranges.
22        (2) Duly authorized military or civil organizations
23    while parading, with the special permission of the
24    Governor.
25        (3) Hunters, trappers, or fishermen while engaged in
26    lawful hunting, trapping, or fishing under the provisions

 

 

HB2605- 244 -LRB103 26047 RLC 52402 b

1    of the Wildlife Code or the Fish and Aquatic Life Code.
2        (4) Transportation of weapons that are broken down in
3    a non-functioning state or are not immediately accessible.
4        (5) Carrying or possessing any pistol, revolver, stun
5    gun or taser or other firearm on the land or in the legal
6    dwelling of another person as an invitee with that
7    person's permission.
8    (c) Subsection 24-1(a)(7) does not apply to or affect any
9of the following:
10        (1) Peace officers while in performance of their
11    official duties.
12        (2) Wardens, superintendents and keepers of prisons,
13    penitentiaries, jails and other institutions for the
14    detention of persons accused or convicted of an offense.
15        (3) Members of the Armed Services or Reserve Forces of
16    the United States or the Illinois National Guard, while in
17    the performance of their official duty.
18        (4) Manufacture, transportation, or sale of machine
19    guns to persons authorized under subdivisions (1) through
20    (3) of this subsection to possess machine guns, if the
21    machine guns are broken down in a non-functioning state or
22    are not immediately accessible.
23        (5) Persons licensed under federal law to manufacture
24    any weapon from which 8 or more shots or bullets can be
25    discharged by a single function of the firing device, or
26    ammunition for such weapons, and actually engaged in the

 

 

HB2605- 245 -LRB103 26047 RLC 52402 b

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

 

 

HB2605- 246 -LRB103 26047 RLC 52402 b

1    shall also apply to any authorized agent of any such
2    contractor or subcontractor who is operating within the
3    scope of his employment, where such activities involving
4    such weapon, weapons or ammunition are necessary and
5    incident to fulfilling the terms of such contract.
6        (7) A person possessing a rifle with a barrel or
7    barrels less than 16 inches in length if: (A) the person
8    has been issued a Curios and Relics license from the U.S.
9    Bureau of Alcohol, Tobacco, Firearms and Explosives; or
10    (B) the person is an active member of a bona fide,
11    nationally recognized military re-enacting group and the
12    modification is required and necessary to accurately
13    portray the weapon for historical re-enactment purposes;
14    the re-enactor is in possession of a valid and current
15    re-enacting group membership credential; and the overall
16    length of the weapon as modified is not less than 26
17    inches.
18    (d) Subsection 24-1(a)(1) does not apply to the purchase,
19possession or carrying of a black-jack or slung-shot by a
20peace officer.
21    (e) Subsection 24-1(a)(8) does not apply to any owner,
22manager or authorized employee of any place specified in that
23subsection nor to any law enforcement officer.
24    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
25Section 24-1.6 do not apply to members of any club or
26organization organized for the purpose of practicing shooting

 

 

HB2605- 247 -LRB103 26047 RLC 52402 b

1at targets upon established target ranges, whether public or
2private, while using their firearms on those target ranges.
3    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
4to:
5        (1) Members of the Armed Services or Reserve Forces of
6    the United States or the Illinois National Guard, while in
7    the performance of their official duty.
8        (2) Bonafide collectors of antique or surplus military
9    ordnance.
10        (3) Laboratories having a department of forensic
11    ballistics, or specializing in the development of
12    ammunition or explosive ordnance.
13        (4) Commerce, preparation, assembly or possession of
14    explosive bullets by manufacturers of ammunition licensed
15    by the federal government, in connection with the supply
16    of those organizations and persons exempted by subdivision
17    (g)(1) of this Section, or like organizations and persons
18    outside this State, or the transportation of explosive
19    bullets to any organization or person exempted in this
20    Section by a common carrier or by a vehicle owned or leased
21    by an exempted manufacturer.
22    (g-5) Subsection 24-1(a)(6) does not apply to or affect
23persons licensed under federal law to manufacture any device
24or attachment of any kind designed, used, or intended for use
25in silencing the report of any firearm, firearms, or
26ammunition for those firearms equipped with those devices, and

 

 

HB2605- 248 -LRB103 26047 RLC 52402 b

1actually engaged in the business of manufacturing those
2devices, firearms, or ammunition, but only with respect to
3activities that are within the lawful scope of that business,
4such as the manufacture, transportation, or testing of those
5devices, firearms, or ammunition. This exemption does not
6authorize the general private possession of any device or
7attachment of any kind designed, used, or intended for use in
8silencing the report of any firearm, but only such possession
9and activities as are within the lawful scope of a licensed
10manufacturing business described in this subsection (g-5).
11During transportation, these devices shall be detached from
12any weapon or not immediately accessible.
13    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1424-1.6 do not apply to or affect any parole agent or parole
15supervisor who meets the qualifications and conditions
16prescribed in Section 3-14-1.5 of the Unified Code of
17Corrections.
18    (g-7) Subsection 24-1(a)(6) does not apply to a peace
19officer while serving as a member of a tactical response team
20or special operations team. A peace officer may not personally
21own or apply for ownership of a device or attachment of any
22kind designed, used, or intended for use in silencing the
23report of any firearm. These devices shall be owned and
24maintained by lawfully recognized units of government whose
25duties include the investigation of criminal acts.
26    (g-10) (Blank).

 

 

HB2605- 249 -LRB103 26047 RLC 52402 b

1    (h) An information or indictment based upon a violation of
2any subsection of this Article need not negative any
3exemptions contained in this Article. The defendant shall have
4the burden of proving such an exemption.
5    (i) Nothing in this Article shall prohibit, apply to, or
6affect the transportation, carrying, or possession, of any
7pistol or revolver, stun gun, taser, or other firearm
8consigned to a common carrier operating under license of the
9State of Illinois or the federal government, where such
10transportation, carrying, or possession is incident to the
11lawful transportation in which such common carrier is engaged;
12and nothing in this Article shall prohibit, apply to, or
13affect the transportation, carrying, or possession of any
14pistol, revolver, stun gun, taser, or other firearm, not the
15subject of and regulated by subsection 24-1(a)(7) or
16subsection 24-2(c) of this Article, which is unloaded and
17enclosed in a case, firearm carrying box, shipping box, or
18other container, by a person eligible under State and federal
19law to possess a firearm the possessor of a valid Firearm
20Owners Identification Card.
21(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22;
22102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised
2312-14-22.)
 
24    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
25    Sec. 24-3. Unlawful sale or delivery of firearms.

 

 

HB2605- 250 -LRB103 26047 RLC 52402 b

1    (A) A person commits the offense of unlawful sale or
2delivery of firearms when he or she knowingly does any of the
3following:
4        (a) Sells or gives any firearm of a size which may be
5    concealed upon the person to any person under 18 years of
6    age.
7        (b) Sells or gives any firearm to a person under 21
8    years of age who has been convicted of a misdemeanor other
9    than a traffic offense or adjudged delinquent.
10        (c) Sells or gives any firearm to any narcotic addict.
11        (d) Sells or gives any firearm to any person who has
12    been convicted of a felony under the laws of this or any
13    other jurisdiction.
14        (e) Sells or gives any firearm to any person who has
15    been a patient in a mental institution within the past 5
16    years. In this subsection (e):
17            "Mental institution" means any hospital,
18        institution, clinic, evaluation facility, mental
19        health center, or part thereof, which is used
20        primarily for the care or treatment of persons with
21        mental illness.
22            "Patient in a mental institution" means the person
23        was admitted, either voluntarily or involuntarily, to
24        a mental institution for mental health treatment,
25        unless the treatment was voluntary and solely for an
26        alcohol abuse disorder and no other secondary

 

 

HB2605- 251 -LRB103 26047 RLC 52402 b

1        substance abuse disorder or mental illness.
2        (f) Sells or gives any firearms to any person who is a
3    person with an intellectual disability.
4        (g) Delivers any firearm, incidental to a sale,
5    without withholding delivery of the firearm for at least
6    72 hours after application for its purchase has been made,
7    or delivers a stun gun or taser, incidental to a sale,
8    without withholding delivery of the stun gun or taser for
9    at least 24 hours after application for its purchase has
10    been made. However, this paragraph (g) does not apply to:
11    (1) the sale of a firearm to a law enforcement officer if
12    the seller of the firearm knows that the person to whom he
13    or she is selling the firearm is a law enforcement officer
14    or the sale of a firearm to a person who desires to
15    purchase a firearm for use in promoting the public
16    interest incident to his or her employment as a bank
17    guard, armed truck guard, or other similar employment; (2)
18    a mail order sale of a firearm from a federally licensed
19    firearms dealer to a nonresident of Illinois under which
20    the firearm is mailed to a federally licensed firearms
21    dealer outside the boundaries of Illinois; (3) (blank);
22    (4) the sale of a firearm to a dealer licensed as a federal
23    firearms dealer under Section 923 of the federal Gun
24    Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
25    sale of any rifle, shotgun, or other long gun to a resident
26    registered competitor or attendee or non-resident

 

 

HB2605- 252 -LRB103 26047 RLC 52402 b

1    registered competitor or attendee by any dealer licensed
2    as a federal firearms dealer under Section 923 of the
3    federal Gun Control Act of 1968 at competitive shooting
4    events held at the World Shooting Complex sanctioned by a
5    national governing body. For purposes of transfers or
6    sales under subparagraph (5) of this paragraph (g), the
7    Department of Natural Resources shall give notice to the
8    Illinois State Police at least 30 calendar days prior to
9    any competitive shooting events at the World Shooting
10    Complex sanctioned by a national governing body. The
11    notification shall be made on a form prescribed by the
12    Illinois State Police. The sanctioning body shall provide
13    a list of all registered competitors and attendees at
14    least 24 hours before the events to the Illinois State
15    Police. Any changes to the list of registered competitors
16    and attendees shall be forwarded to the Illinois State
17    Police as soon as practicable. The Illinois State Police
18    must destroy the list of registered competitors and
19    attendees no later than 30 days after the date of the
20    event. Nothing in this paragraph (g) relieves a federally
21    licensed firearm dealer from the requirements of
22    conducting a NICS background check through the Illinois
23    Point of Contact under 18 U.S.C. 922(t). For purposes of
24    this paragraph (g), "application" means when the buyer and
25    seller reach an agreement to purchase a firearm. For
26    purposes of this paragraph (g), "national governing body"

 

 

HB2605- 253 -LRB103 26047 RLC 52402 b

1    means a group of persons who adopt rules and formulate
2    policy on behalf of a national firearm sporting
3    organization.
4        (h) While holding any license as a dealer, importer,
5    manufacturer or pawnbroker under the federal Gun Control
6    Act of 1968, manufactures, sells or delivers to any
7    unlicensed person a handgun having a barrel, slide, frame
8    or receiver which is a die casting of zinc alloy or any
9    other nonhomogeneous metal which will melt or deform at a
10    temperature of less than 800 degrees Fahrenheit. For
11    purposes of this paragraph, (1) "firearm" has the meaning
12    provided in Section 2-7.5 of the Criminal Code of 2012 is
13    defined as in the Firearm Owners Identification Card Act;
14    and (2) "handgun" is defined as a firearm designed to be
15    held and fired by the use of a single hand, and includes a
16    combination of parts from which such a firearm can be
17    assembled.
18        (i) Sells or gives a firearm of any size to any person
19    under 18 years of age who is not eligible under State or
20    federal law to possess a firearm does not possess a valid
21    Firearm Owner's Identification Card.
22        (j) Sells or gives a firearm while engaged in the
23    business of selling firearms at wholesale or retail
24    without being licensed as a federal firearms dealer under
25    Section 923 of the federal Gun Control Act of 1968 (18
26    U.S.C. 923). In this paragraph (j):

 

 

HB2605- 254 -LRB103 26047 RLC 52402 b

1        A person "engaged in the business" means a person who
2    devotes time, attention, and labor to engaging in the
3    activity as a regular course of trade or business with the
4    principal objective of livelihood and profit, but does not
5    include a person who makes occasional repairs of firearms
6    or who occasionally fits special barrels, stocks, or
7    trigger mechanisms to firearms.
8        "With the principal objective of livelihood and
9    profit" means that the intent underlying the sale or
10    disposition of firearms is predominantly one of obtaining
11    livelihood and pecuniary gain, as opposed to other
12    intents, such as improving or liquidating a personal
13    firearms collection; however, proof of profit shall not be
14    required as to a person who engages in the regular and
15    repetitive purchase and disposition of firearms for
16    criminal purposes or terrorism.
17        (k) (Blank). Sells or transfers ownership of a firearm
18    to a person who does not display to the seller or
19    transferor of the firearm either: (1) a currently valid
20    Firearm Owner's Identification Card that has previously
21    been issued in the transferee's name by the Illinois State
22    Police under the provisions of the Firearm Owners
23    Identification Card Act; or (2) a currently valid license
24    to carry a concealed firearm that has previously been
25    issued in the transferee's name by the Illinois State
26    Police under the Firearm Concealed Carry Act. This

 

 

HB2605- 255 -LRB103 26047 RLC 52402 b

1    paragraph (k) does not apply to the transfer of a firearm
2    to a person who is exempt from the requirement of
3    possessing a Firearm Owner's Identification Card under
4    Section 2 of the Firearm Owners Identification Card Act.
5    For the purposes of this Section, a currently valid
6    Firearm Owner's Identification Card or license to carry a
7    concealed firearm means receipt of an approval number
8    issued in accordance with subsection (a-10) of Section 3
9    or Section 3.1 of the Firearm Owners Identification Card
10    Act.
11            (1) (Blank). In addition to the other requirements
12        of this paragraph (k), all persons who are not
13        federally licensed firearms dealers must also have
14        complied with subsection (a-10) of Section 3 of the
15        Firearm Owners Identification Card Act by determining
16        the validity of a purchaser's Firearm Owner's
17        Identification Card.
18            (2) (Blank). All sellers or transferors who have
19        complied with the requirements of subparagraph (1) of
20        this paragraph (k) shall not be liable for damages in
21        any civil action arising from the use or misuse by the
22        transferee of the firearm transferred, except for
23        willful or wanton misconduct on the part of the seller
24        or transferor.
25        (l) Not being entitled to the possession of a firearm,
26    delivers the firearm, knowing it to have been stolen or

 

 

HB2605- 256 -LRB103 26047 RLC 52402 b

1    converted. It may be inferred that a person who possesses
2    a firearm with knowledge that its serial number has been
3    removed or altered has knowledge that the firearm is
4    stolen or converted.
5    (B) Paragraph (h) of subsection (A) does not include
6firearms sold within 6 months after enactment of Public Act
778-355 (approved August 21, 1973, effective October 1, 1973),
8nor is any firearm legally owned or possessed by any citizen or
9purchased by any citizen within 6 months after the enactment
10of Public Act 78-355 subject to confiscation or seizure under
11the provisions of that Public Act. Nothing in Public Act
1278-355 shall be construed to prohibit the gift or trade of any
13firearm if that firearm was legally held or acquired within 6
14months after the enactment of that Public Act.
15    (C) Sentence.
16        (1) Any person convicted of unlawful sale or delivery
17    of firearms in violation of paragraph (c), (e), (f), (g),
18    or (h) of subsection (A) commits a Class 4 felony.
19        (2) Any person convicted of unlawful sale or delivery
20    of firearms in violation of paragraph (b) or (i) of
21    subsection (A) commits a Class 3 felony.
22        (3) Any person convicted of unlawful sale or delivery
23    of firearms in violation of paragraph (a) of subsection
24    (A) commits a Class 2 felony.
25        (4) Any person convicted of unlawful sale or delivery
26    of firearms in violation of paragraph (a), (b), or (i) of

 

 

HB2605- 257 -LRB103 26047 RLC 52402 b

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

 

 

HB2605- 258 -LRB103 26047 RLC 52402 b

1    housing agency as part of a scattered site or mixed-income
2    development, in a public park, in a courthouse, on
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    on the real property comprising any public park, on the
7    real property comprising any courthouse, or on any public
8    way within 1,000 feet of the real property comprising any
9    public park, courthouse, or residential property owned,
10    operated, or managed by a public housing agency or leased
11    by a public housing agency as part of a scattered site or
12    mixed-income development commits a Class 2 felony.
13        (6) Any person convicted of unlawful sale or delivery
14    of firearms in violation of paragraph (j) of subsection
15    (A) commits a Class A misdemeanor. A second or subsequent
16    violation is a Class 4 felony.
17        (7) (Blank). Any person convicted of unlawful sale or
18    delivery of firearms in violation of paragraph (k) of
19    subsection (A) commits a Class 4 felony, except that a
20    violation of subparagraph (1) of paragraph (k) of
21    subsection (A) shall not be punishable as a crime or petty
22    offense. A third or subsequent conviction for a violation
23    of paragraph (k) of subsection (A) is a Class 1 felony.
24        (8) A person 18 years of age or older convicted of
25    unlawful sale or delivery of firearms in violation of
26    paragraph (a) or (i) of subsection (A), when the firearm

 

 

HB2605- 259 -LRB103 26047 RLC 52402 b

1    that was sold or given to another person under 18 years of
2    age was used in the commission of or attempt to commit a
3    forcible felony, shall be fined or imprisoned, or both,
4    not to exceed the maximum provided for the most serious
5    forcible felony so committed or attempted by the person
6    under 18 years of age who was sold or given the firearm.
7        (9) Any person convicted of unlawful sale or delivery
8    of firearms in violation of paragraph (d) of subsection
9    (A) commits a Class 3 felony.
10        (10) Any person convicted of unlawful sale or delivery
11    of firearms in violation of paragraph (l) of subsection
12    (A) commits a Class 2 felony if the delivery is of one
13    firearm. Any person convicted of unlawful sale or delivery
14    of firearms in violation of paragraph (l) of subsection
15    (A) commits a Class 1 felony if the delivery is of not less
16    than 2 and not more than 5 firearms at the same time or
17    within a one-year period. Any person convicted of unlawful
18    sale or delivery of firearms in violation of paragraph (l)
19    of subsection (A) commits a Class X felony for which he or
20    she shall be sentenced to a term of imprisonment of not
21    less than 6 years and not more than 30 years if the
22    delivery is of not less than 6 and not more than 10
23    firearms at the same time or within a 2-year period. Any
24    person convicted of unlawful sale or delivery of firearms
25    in violation of paragraph (l) of subsection (A) commits a
26    Class X felony for which he or she shall be sentenced to a

 

 

HB2605- 260 -LRB103 26047 RLC 52402 b

1    term of imprisonment of not less than 6 years and not more
2    than 40 years if the delivery is of not less than 11 and
3    not more than 20 firearms at the same time or within a
4    3-year period. Any person convicted of unlawful sale or
5    delivery of firearms in violation of paragraph (l) of
6    subsection (A) commits a Class X felony for which he or she
7    shall be sentenced to a term of imprisonment of not less
8    than 6 years and not more than 50 years if the delivery is
9    of not less than 21 and not more than 30 firearms at the
10    same time or within a 4-year period. Any person convicted
11    of unlawful sale or delivery of firearms in violation of
12    paragraph (l) of subsection (A) commits a Class X felony
13    for which he or she shall be sentenced to a term of
14    imprisonment of not less than 6 years and not more than 60
15    years if the delivery is of 31 or more firearms at the same
16    time or within a 5-year period.
17    (D) For purposes of this Section:
18    "School" means a public or private elementary or secondary
19school, community college, college, or university.
20    "School related activity" means any sporting, social,
21academic, or other activity for which students' attendance or
22participation is sponsored, organized, or funded in whole or
23in part by a school or school district.
24    (E) (Blank). A prosecution for a violation of paragraph
25(k) of subsection (A) of this Section may be commenced within 6
26years after the commission of the offense. A prosecution for a

 

 

HB2605- 261 -LRB103 26047 RLC 52402 b

1violation of this Section other than paragraph (g) of
2subsection (A) of this Section may be commenced within 5 years
3after the commission of the offense defined in the particular
4paragraph.
5(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
6102-813, eff. 5-13-22.)
 
7    (720 ILCS 5/24-3.1)  (from Ch. 38, par. 24-3.1)
8    Sec. 24-3.1. Unlawful possession of firearms and firearm
9ammunition.
10    (a) A person commits the offense of unlawful possession of
11firearms or firearm ammunition when:
12        (1) He is under 18 years of age and has in his
13    possession any firearm of a size which may be concealed
14    upon the person; or
15        (2) He is under 21 years of age, has been convicted of
16    a misdemeanor other than a traffic offense or adjudged
17    delinquent and has any firearms or firearm ammunition in
18    his possession; or
19        (3) He is a narcotic addict and has any firearms or
20    firearm ammunition in his possession; or
21        (4) He has been a patient in a mental institution
22    within the past 5 years and has any firearms or firearm
23    ammunition in his possession. For purposes of this
24    paragraph (4):
25            "Mental institution" means any hospital,

 

 

HB2605- 262 -LRB103 26047 RLC 52402 b

1        institution, clinic, evaluation facility, mental
2        health center, or part thereof, which is used
3        primarily for the care or treatment of persons with
4        mental 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; or
11        (5) He is a person with an intellectual disability and
12    has any firearms or firearm ammunition in his possession;
13    or
14        (6) He has in his possession any explosive bullet.
15    For purposes of this paragraph "explosive bullet" means
16the projectile portion of an ammunition cartridge which
17contains or carries an explosive charge which will explode
18upon contact with the flesh of a human or an animal.
19"Cartridge" means a tubular metal case having a projectile
20affixed at the front thereof and a cap or primer at the rear
21end thereof, with the propellant contained in such tube
22between the projectile and the cap.
23    (a-5) A person prohibited from possessing a firearm under
24this Section may petition the Director of the Illinois State
25Police for a hearing and relief from the prohibition, unless
26the prohibition was based upon a forcible felony, stalking,

 

 

HB2605- 263 -LRB103 26047 RLC 52402 b

1aggravated stalking, domestic battery, any violation of the
2Illinois Controlled Substances Act, the Methamphetamine
3Control and Community Protection Act, or the Cannabis Control
4Act that is classified as a Class 2 or greater felony, any
5felony violation of Article 24 of the Criminal Code of 1961 or
6the Criminal Code of 2012, or any adjudication as a delinquent
7minor for the commission of an offense that if committed by an
8adult would be a felony, in which case the person may petition
9the circuit court in writing in the county of his or her
10residence for a hearing and relief from the prohibition. The
11Director or court may grant the relief if it is established by
12the petitioner to the court's or Director's satisfaction that:
13        (1) when in the circuit court, the State's Attorney
14    has been served with a written copy of the petition at
15    least 30 days before any hearing in the circuit court and
16    at the hearing the State's Attorney was afforded an
17    opportunity to present evidence and object to the
18    petition;
19        (2) the petitioner has not been convicted of a
20    forcible felony under the laws of this State or any other
21    jurisdiction within 20 years of the filing of the
22    petition, or at least 20 years have passed since the end of
23    any period of imprisonment imposed in relation to that
24    conviction;
25        (3) the circumstances regarding a criminal conviction,
26    where applicable, the petitioner's criminal history and

 

 

HB2605- 264 -LRB103 26047 RLC 52402 b

1    his reputation are such that the petitioner will not be
2    likely to act in a manner dangerous to public safety;
3        (4) granting relief would not be contrary to the
4    public interest; and
5        (5) granting relief would not be contrary to federal
6    law.
7    (b) Sentence.
8    Unlawful possession of firearms, other than handguns, and
9firearm ammunition is a Class A misdemeanor. Unlawful
10possession of handguns is a Class 4 felony. The possession of
11each firearm or firearm ammunition in violation of this
12Section constitutes a single and separate violation.
13    (c) Nothing in paragraph (1) of subsection (a) of this
14Section prohibits a person under 18 years of age from
15participating in any lawful recreational activity with a
16firearm such as, but not limited to, practice shooting at
17targets upon established public or private target ranges or
18hunting, trapping, or fishing in accordance with the Wildlife
19Code or the Fish and Aquatic Life Code.
20(Source: P.A. 99-143, eff. 7-27-15.)
 
21    (720 ILCS 5/24-3.2)  (from Ch. 38, par. 24-3.2)
22    Sec. 24-3.2. Unlawful discharge of firearm projectiles.
23    (a) A person commits the offense of unlawful discharge of
24firearm projectiles when he or she knowingly or recklessly
25uses an armor piercing bullet, dragon's breath shotgun shell,

 

 

HB2605- 265 -LRB103 26047 RLC 52402 b

1bolo shell, or flechette shell in violation of this Section.
2    For purposes of this Section:
3    "Armor piercing bullet" means any handgun bullet or
4handgun ammunition with projectiles or projectile cores
5constructed entirely (excluding the presence of traces of
6other substances) from tungsten alloys, steel, iron, brass,
7bronze, beryllium copper or depleted uranium, or fully
8jacketed bullets larger than 22 caliber whose jacket has a
9weight of more than 25% of the total weight of the projectile,
10and excluding those handgun projectiles whose cores are
11composed of soft materials such as lead or lead alloys, zinc or
12zinc alloys, frangible projectiles designed primarily for
13sporting purposes, and any other projectiles or projectile
14cores that the U. S. Secretary of the Treasury finds to be
15primarily intended to be used for sporting purposes or
16industrial purposes or that otherwise does not constitute
17"armor piercing ammunition" as that term is defined by federal
18law.
19    "Dragon's breath shotgun shell" means any shotgun shell
20that contains exothermic pyrophoric mesh metal as the
21projectile and is designed for the purpose of throwing or
22spewing a flame or fireball to simulate a flame-thrower.
23    "Bolo shell" means any shell that can be fired in a firearm
24and expels as projectiles 2 or more metal balls connected by
25solid metal wire.
26    "Flechette shell" means any shell that can be fired in a

 

 

HB2605- 266 -LRB103 26047 RLC 52402 b

1firearm and expels 2 or more pieces of fin-stabilized solid
2metal wire or 2 or more solid dart-type projectiles.
3    (b) A person commits a Class X felony when he or she,
4knowing that a firearm, as defined in Section 1.1 of the
5Firearm Owners Identification Card Act, is loaded with an
6armor piercing bullet, dragon's breath shotgun shell, bolo
7shell, or flechette shell, intentionally or recklessly
8discharges such firearm and such bullet or shell strikes any
9other person.
10    (c) Any person who possesses, concealed on or about his or
11her person, an armor piercing bullet, dragon's breath shotgun
12shell, bolo shell, or flechette shell and a firearm suitable
13for the discharge thereof is guilty of a Class 2 felony.
14    (d) This Section does not apply to or affect any of the
15following:
16        (1) Peace officers;
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 duties;
23        (4) Federal officials required to carry firearms,
24    while engaged in the performance of their official duties;
25        (5) United States Marshals, while engaged in the
26    performance of their official duties.

 

 

HB2605- 267 -LRB103 26047 RLC 52402 b

1(Source: P.A. 92-423, eff. 1-1-02.)
 
2    (720 ILCS 5/24-3.4)  (from Ch. 38, par. 24-3.4)
3    Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
4    (a) It shall be unlawful for any person who holds a license
5to sell at retail any alcoholic liquor issued by the Illinois
6Liquor Control Commission or local liquor control commissioner
7under the Liquor Control Act of 1934 or an agent or employee of
8the licensee to sell or deliver to any other person a firearm
9in or on the real property of the establishment where the
10licensee is licensed to sell alcoholic liquors unless the sale
11or delivery of the firearm is otherwise lawful under this
12Article and under the Firearm Owners Identification Card Act.
13    (b) Sentence. A violation of subsection (a) of this
14Section is a Class 4 felony.
15(Source: P.A. 87-591.)
 
16    (720 ILCS 5/24-3.5)
17    Sec. 24-3.5. Unlawful purchase of a firearm.
18    (a) For purposes of this Section, "firearms transaction
19record form" means a form:
20        (1) executed by a transferee of a firearm stating: (i)
21    the transferee's name and address (including county or
22    similar political subdivision); (ii) whether the
23    transferee is a citizen of the United States; (iii) the
24    transferee's State of residence; and (iv) the date and

 

 

HB2605- 268 -LRB103 26047 RLC 52402 b

1    place of birth, height, weight, and race of the
2    transferee; and
3        (2) on which the transferee certifies that he or she
4    is not prohibited by federal law from transporting or
5    shipping a firearm in interstate or foreign commerce or
6    receiving a firearm that has been shipped or transported
7    in interstate or foreign commerce or possessing a firearm
8    in or affecting commerce.
9    (b) A person commits the offense of unlawful purchase of a
10firearm who knowingly purchases or attempts to purchase a
11firearm with the intent to deliver that firearm to another
12person who is prohibited by federal or State law from
13possessing a firearm.
14    (c) A person commits the offense of unlawful purchase of a
15firearm when he or she, in purchasing or attempting to
16purchase a firearm, intentionally provides false or misleading
17information on a United States Department of the Treasury,
18Bureau of Alcohol, Tobacco and Firearms firearms transaction
19record form.
20    (d) Exemption. It is not a violation of subsection (b) of
21this Section for a person to make a gift or loan of a firearm
22to a person who is not prohibited by federal or State law from
23possessing a firearm if the transfer of the firearm is made in
24accordance with Section 3 of the Firearm Owners Identification
25Card Act.
26    (e) Sentence.

 

 

HB2605- 269 -LRB103 26047 RLC 52402 b

1        (1) A person who commits the offense of unlawful
2    purchase of a firearm:
3            (A) is guilty of a Class 2 felony for purchasing or
4        attempting to purchase one firearm;
5            (B) is guilty of a Class 1 felony for purchasing or
6        attempting to purchase not less than 2 firearms and
7        not more than 5 firearms at the same time or within a
8        one year period;
9            (C) is guilty of a Class X felony for which the
10        offender shall be sentenced to a term of imprisonment
11        of not less than 9 years and not more than 40 years for
12        purchasing or attempting to purchase not less than 6
13        firearms at the same time or within a 2 year period.
14        (2) In addition to any other penalty that may be
15    imposed for a violation of this Section, the court may
16    sentence a person convicted of a violation of subsection
17    (c) of this Section to a fine not to exceed $250,000 for
18    each violation.
19    (f) A prosecution for unlawful purchase of a firearm may
20be commenced within 6 years after the commission of the
21offense.
22(Source: P.A. 95-882, eff. 1-1-09.)
 
23    (720 ILCS 5/24-3B)
24    Sec. 24-3B. Firearms trafficking.
25    (a) A person commits firearms trafficking when he or she

 

 

HB2605- 270 -LRB103 26047 RLC 52402 b

1is prohibited under federal or State law from possessing a
2firearm has not been issued a currently valid Firearm Owner's
3Identification Card and knowingly:
4        (1) brings, or causes to be brought, into this State,
5    a firearm or firearm ammunition for the purpose of sale,
6    delivery, or transfer to any other person or with the
7    intent to sell, deliver, or transfer the firearm or
8    firearm ammunition to any other person; or
9        (2) brings, or causes to be brought, into this State,
10    a firearm and firearm ammunition for the purpose of sale,
11    delivery, or transfer to any other person or with the
12    intent to sell, deliver, or transfer the firearm and
13    firearm ammunition to any other person.
14    (a-5) (Blank). This Section does not apply to:
15        (1) a person exempt under Section 2 of the Firearm
16    Owners Identification Card Act from the requirement of
17    having possession of a Firearm Owner's Identification Card
18    previously issued in his or her name by the Illinois State
19    Police in order to acquire or possess a firearm or firearm
20    ammunition;
21        (2) a common carrier under subsection (i) of Section
22    24-2 of this Code; or
23        (3) a non-resident who may lawfully possess a firearm
24    in his or her resident state.
25    (b) Sentence.
26        (1) Firearms trafficking is a Class 1 felony for which

 

 

HB2605- 271 -LRB103 26047 RLC 52402 b

1    the person, if sentenced to a term of imprisonment, shall
2    be sentenced to not less than 4 years and not more than 20
3    years.
4        (2) Firearms trafficking by a person who has been
5    previously convicted of firearms trafficking, gunrunning,
6    or a felony offense for the unlawful sale, delivery, or
7    transfer of a firearm or firearm ammunition in this State
8    or another jurisdiction is a Class X felony.
9(Source: P.A. 102-538, eff. 8-20-21.)
 
10    (720 ILCS 5/24-4.1)
11    Sec. 24-4.1. Report of lost or stolen firearms.
12    (a) If a person who possesses a valid Firearm Owner's
13Identification Card and who possesses or acquires a firearm
14thereafter loses the firearm, or if the firearm is stolen from
15the person, the person must report the loss or theft to the
16local law enforcement agency within 72 hours after obtaining
17knowledge of the loss or theft.
18    (b) A law enforcement agency having jurisdiction shall
19take a written report and shall, as soon as practical, enter
20the firearm's serial number as stolen into the Law Enforcement
21Agencies Data System (LEADS).
22    (c) A person shall not be in violation of this Section if:
23        (1) the failure to report is due to an act of God, act
24    of war, or inability of a law enforcement agency to
25    receive the report;

 

 

HB2605- 272 -LRB103 26047 RLC 52402 b

1        (2) the person is hospitalized, in a coma, or is
2    otherwise seriously physically or mentally impaired as to
3    prevent the person from reporting; or
4        (3) the person's designee makes a report if the person
5    is unable to make the report.
6    (d) Sentence. A person who violates this Section is guilty
7of a petty offense for a first violation. A second or
8subsequent violation of this Section is a Class A misdemeanor.
9(Source: P.A. 98-508, eff. 8-19-13.)
 
10    (720 ILCS 5/24-4.5 new)
11    Sec. 24-4.5. Dial up system.
12    (a) The Illinois State Police shall provide a dial up
13telephone system or utilize other existing technology which
14shall be used by any federally licensed firearm dealer, gun
15show promoter, or gun show vendor who is to transfer a firearm,
16stun gun, or taser under the provisions of this Code. The
17Illinois State Police may utilize existing technology which
18allows the caller to be charged a fee not to exceed $2. Fees
19collected by the Illinois State Police shall be deposited in
20the State Police Services Fund and used to provide the
21service.
22    (b) Upon receiving a request from a federally licensed
23firearm dealer, gun show promoter, or gun show vendor, the
24Illinois State Police shall immediately approve, or within the
25time period established by Section 24-3 of this Code regarding

 

 

HB2605- 273 -LRB103 26047 RLC 52402 b

1the delivery of firearms, stun guns, and tasers notify the
2inquiring dealer, gun show promoter, or gun show vendor of any
3objection that would disqualify the transferee from acquiring
4or possessing a firearm, stun gun, or taser. In conducting the
5inquiry, the Illinois State Police shall initiate and complete
6an automated search of its criminal history record information
7files and those of the Federal Bureau of Investigation,
8including the National Instant Criminal Background Check
9System, and of the files of the Department of Human Services
10relating to mental health and developmental disabilities to
11obtain any felony conviction or patient hospitalization
12information which would disqualify a person from obtaining a
13firearm.
14    (c) If receipt of a firearm would not violate Section 24-3
15of this Code or federal law, the Illinois State Police shall:
16        (1) assign a unique identification number to the
17    transfer; and
18        (2) provide the licensee, gun show promoter, or gun
19    show vendor with the number.
20    (d) Approvals issued by the Illinois State Police for the
21purchase of a firearm are valid for 30 days from the date of
22issue.
23    (e)(1) The Illinois State Police must act as the Illinois
24Point of Contact for the National Instant Criminal Background
25Check System.
26    (2) The Illinois State Police and the Department of Human

 

 

HB2605- 274 -LRB103 26047 RLC 52402 b

1Services shall, in accordance with State and federal law
2regarding confidentiality, enter into a memorandum of
3understanding with the Federal Bureau of Investigation for the
4purpose of implementing the National Instant Criminal
5Background Check System in the State. The Department of State
6Police shall report the name, date of birth, and physical
7description of any person prohibited from possessing a firearm
8under this Code or 18 U.S.C. 922(g) and (n) to the National
9Instant Criminal Background Check System Index, Denied Persons
10Files.
11    (f) The Illinois State Police shall adopt rules not
12inconsistent with this Section to implement this system.
 
13    (720 ILCS 5/24-5.1)
14    Sec. 24-5.1. Serialization of unfinished frames or
15receivers; prohibition on unserialized firearms; exceptions;
16penalties.
17    (a) In this Section:
18    "Bona fide supplier" means an established business entity
19engaged in the development and sale of firearms parts to one or
20more federal firearms manufacturers or federal firearms
21importers.
22    "Federal firearms dealer" means a licensed manufacturer
23pursuant to 18 U.S.C. 921(a)(11).
24    "Federal firearms importer" means a licensed importer
25pursuant to 18 U.S.C. 921(a)(9).

 

 

HB2605- 275 -LRB103 26047 RLC 52402 b

1    "Federal firearms manufacturer" means a licensed
2manufacturer pursuant to 18 U.S.C. 921(a)(10).
3    "Frame or receiver" means a part of a firearm that, when
4the complete weapon is assembled, is visible from the exterior
5and provides housing or a structure designed to hold or
6integrate one or more fire control components, even if pins or
7other attachments are required to connect those components to
8the housing or structure. For models of firearms in which
9multiple parts provide such housing or structure, the part or
10parts that the Director of the federal Bureau of Alcohol,
11Tobacco, Firearms and Explosives has determined are a frame or
12receiver constitute the frame or receiver. For purposes of
13this definition, "fire control component" means a component
14necessary for the firearm to initiate, complete, or continue
15the firing sequence, including any of the following: hammer,
16bolt, bolt carrier, breechblock, cylinder, trigger mechanism,
17firing pin, striker, or slide rails.
18    "Security exemplar" means an object to be fabricated at
19the direction of the United States Attorney General that is
20(1) constructed of 3.7 ounces of material type 17-4 PH
21stainless steel in a shape resembling a handgun and (2)
22suitable for testing and calibrating metal detectors.
23    "Three-dimensional printer" means a computer or
24computer-drive machine capable of producing a
25three-dimensional object from a digital model.
26    "Undetectable firearm" means (1) a firearm constructed

 

 

HB2605- 276 -LRB103 26047 RLC 52402 b

1entirely of non-metal substances; (2) a firearm that, after
2removal of all parts but the major components of the firearm,
3is not detectable by walk-through metal detectors calibrated
4and operated to detect the security exemplar; or (3) a firearm
5that includes a major component of a firearm, which, if
6subject to the types of detection devices commonly used at
7airports for security screening, would not generate an image
8that accurately depicts the shape of the component.
9"Undetectable firearm" does not include a firearm subject to
10the provisions of 18 U.S.C. 922(p)(3) through (6).
11    "Unfinished frame or receiver" means any forging, casting,
12printing, extrusion, machined body, or similar article that:
13        (1) has reached a stage in manufacture where it may
14    readily be completed, assembled, or converted to be a
15    functional firearm; or
16        (2) is marketed or sold to the public to become or be
17    used as the frame or receiver of a functional firearm once
18    completed, assembled, or converted.
19    "Unserialized" means lacking a serial number imprinted by:
20        (1) a federal firearms manufacturer, federal firearms
21    importer, federal firearms dealer, or other federal
22    licensee authorized to provide marking services, pursuant
23    to a requirement under federal law; or
24        (2) a federal firearms dealer or other federal
25    licensee authorized to provide marking services pursuant
26    to subsection (f) of this Section.

 

 

HB2605- 277 -LRB103 26047 RLC 52402 b

1    (b) It is unlawful for any person to knowingly sell, offer
2to sell, or transfer an unserialized unfinished frame or
3receiver or unserialized firearm, including those produced
4using a three-dimensional printer, unless the party purchasing
5or receiving the unfinished frame or receiver or unserialized
6firearm is a federal firearms importer, federal firearms
7manufacturer, or federal firearms dealer.
8    (c) Beginning 180 days after the effective date of this
9amendatory Act of the 102nd General Assembly, it is unlawful
10for any person to knowingly possess, transport, or receive an
11unfinished frame or receiver, unless:
12        (1) the party possessing or receiving the unfinished
13    frame or receiver is a federal firearms importer or
14    federal firearms manufacturer;
15        (2) the unfinished frame or receiver is possessed or
16    transported by a person for transfer to a federal firearms
17    importer or federal firearms manufacturer; or
18        (3) the unfinished frame or receiver has been
19    imprinted with a serial number issued by a federal
20    firearms importer or federal firearms manufacturer in
21    compliance with subsection (f) of this Section.
22    (d) Beginning 180 days after the effective date of this
23amendatory Act of the 102nd General Assembly, unless the party
24receiving the firearm is a federal firearms importer or
25federal firearms manufacturer, it is unlawful for any person
26to knowingly possess, purchase, transport, or receive a

 

 

HB2605- 278 -LRB103 26047 RLC 52402 b

1firearm that is not imprinted with a serial number by (1) a
2federal firearms importer or federal firearms manufacturer in
3compliance with all federal laws and regulations regulating
4the manufacture and import of firearms or (2) a federal
5firearms manufacturer, federal firearms dealer, or other
6federal licensee authorized to provide marking services in
7compliance with the unserialized firearm serialization process
8under subsection (f) of this Section.
9    (e) Any firearm or unfinished frame or receiver
10manufactured using a three-dimensional printer must also be
11serialized in accordance with the requirements of subsection
12(f) within 30 days after the effective date of this amendatory
13Act of the 102nd General Assembly, or prior to reaching a stage
14of manufacture where it may be readily completed, assembled,
15or converted to be a functional firearm.
16    (f) Unserialized unfinished frames or receivers and
17unserialized firearms serialized pursuant to this Section
18shall be serialized in compliance with all of the following:
19        (1) An unserialized unfinished frame or receiver and
20    unserialized firearm shall be serialized by a federally
21    licensed firearms dealer or other federal licensee
22    authorized to provide marking services with the licensee's
23    abbreviated federal firearms license number as a prefix
24    (which is the first 3 and last 5 digits) followed by a
25    hyphen, and then followed by a number as a suffix, such as
26    12345678-(number). The serial number or numbers must be

 

 

HB2605- 279 -LRB103 26047 RLC 52402 b

1    placed in a manner that accords with the requirements
2    under federal law for affixing serial numbers to firearms,
3    including the requirements that the serial number or
4    numbers be at the minimum size and depth, and not
5    susceptible to being readily obliterated, altered, or
6    removed, and the licensee must retain records that accord
7    with the requirements under federal law in the case of the
8    sale of a firearm. The imprinting of any serial number
9    upon a undetectable firearm must be done on a steel plaque
10    in compliance with 18 U.S.C. 922(p).
11        (2) Every federally licensed firearms dealer or other
12    federal licensee that engraves, casts, stamps, or
13    otherwise conspicuously and permanently places a unique
14    serial number pursuant to this Section shall maintain a
15    record of such indefinitely. Licensees subject to the
16    Firearm Dealer License Certification Act shall make all
17    records accessible for inspection upon the request of the
18    Illinois State Police or a law enforcement agency in
19    accordance with Section 5-35 of the Firearm Dealer License
20    Certification Act.
21        (3) Every federally licensed firearms dealer or other
22    federal licensee that engraves, casts, stamps, or
23    otherwise conspicuously and permanently places a unique
24    serial number pursuant to this Section shall record it at
25    the time of every transaction involving the transfer of a
26    firearm, rifle, shotgun, finished frame or receiver, or

 

 

HB2605- 280 -LRB103 26047 RLC 52402 b

1    unfinished frame or receiver that has been so marked in
2    compliance with the federal guidelines set forth in 27 CFR
3    478.124.
4        (4) (Blank). Every federally licensed firearms dealer
5    or other federal licensee that engraves, casts, stamps, or
6    otherwise conspicuously and permanently places a unique
7    serial number pursuant to this Section shall review and
8    confirm the validity of the owner's Firearm Owner's
9    Identification Card issued under the Firearm Owners
10    Identification Card Act prior to returning the firearm to
11    the owner.
12    (g) Within 30 days after the effective date of this
13amendatory Act of the 102nd General Assembly, the Director of
14the Illinois State Police shall issue a public notice
15regarding the provisions of this Section. The notice shall
16include posting on the Illinois State Police website and may
17include written notification or any other means of
18communication statewide to all Illinois-based federal firearms
19manufacturers, federal firearms dealers, or other federal
20licensees authorized to provide marking services in compliance
21with the serialization process in subsection (f) in order to
22educate the public.
23    (h) Exceptions. This Section does not apply to an
24unserialized unfinished frame or receiver or an unserialized
25firearm that:
26        (1) has been rendered permanently inoperable;

 

 

HB2605- 281 -LRB103 26047 RLC 52402 b

1        (2) is an antique firearm, as defined in 18 U.S.C.
2    921(a)(16);
3        (3) was manufactured prior to October 22, 1968;
4        (4) is an unfinished frame or receiver and is
5    possessed by a bona fide supplier exclusively for transfer
6    to a federal firearms manufacturer or federal firearms
7    importer, or is possessed by a federal firearms
8    manufacturer or federal firearms importer in compliance
9    with all federal laws and regulations regulating the
10    manufacture and import of firearms; except this exemption
11    does not apply if an unfinished frame or receiver is
12    possessed for transfer or is transferred to a person other
13    than a federal firearms manufacturer or federal firearms
14    importer; or
15        (5) is possessed by a person who received the
16    unserialized unfinished frame or receiver or unserialized
17    firearm through inheritance, and is not otherwise
18    prohibited from possessing the unserialized unfinished
19    frame or receiver or unserialized firearm, for a period
20    not exceeding 30 days after inheriting the unserialized
21    unfinished frame or receiver or unserialized firearm.
22    (i) Penalties.
23        (1) A person who violates subsection (c) or (d) is
24    guilty of a Class A misdemeanor for a first violation and
25    is guilty of a Class 3 felony for a second or subsequent
26    violation.

 

 

HB2605- 282 -LRB103 26047 RLC 52402 b

1        (2) A person who violates subsection (b) is guilty of
2    a Class 4 felony for a first violation and is guilty of a
3    Class 2 felony for a second or subsequent violation.
4(Source: P.A. 102-889, eff. 5-18-22.)
 
5    (720 ILCS 5/24-9)
6    Sec. 24-9. Firearms; Child Protection.
7    (a) Except as provided in subsection (c), it is unlawful
8for any person to store or leave, within premises under his or
9her control, a firearm if the person knows or has reason to
10believe that a minor under the age of 14 years who does not
11have a Firearm Owners Identification Card is likely to gain
12access to the firearm without the lawful permission of the
13person possessing the firearm, minor's parent, guardian, or
14person having charge of the minor, and the minor causes death
15or great bodily harm with the firearm, unless the firearm is:
16        (1) secured by a device or mechanism, other than the
17    firearm safety, designed to render a firearm temporarily
18    inoperable; or
19        (2) placed in a securely locked box or container; or
20        (3) placed in some other location that a reasonable
21    person would believe to be secure from a minor under the
22    age of 14 years.
23    (b) Sentence. A person who violates this Section is guilty
24of a Class C misdemeanor and shall be fined not less than
25$1,000. A second or subsequent violation of this Section is a

 

 

HB2605- 283 -LRB103 26047 RLC 52402 b

1Class A misdemeanor.
2    (c) Subsection (a) does not apply:
3        (1) if the minor under 14 years of age gains access to
4    a firearm and uses it in a lawful act of self-defense or
5    defense of another; or
6        (2) to any firearm obtained by a minor under the age of
7    14 because of an unlawful entry of the premises by the
8    minor or another person.
9    (d) (Blank). For the purposes of this Section, "firearm"
10has the meaning ascribed to it in Section 1.1 of the Firearm
11Owners Identification Card Act.
12(Source: P.A. 91-18, eff. 1-1-00.)
 
13    Section 80. The Methamphetamine Control and Community
14Protection Act is amended by changing Section 10 as follows:
 
15    (720 ILCS 646/10)
16    Sec. 10. Definitions. As used in this Act:
17    "Anhydrous ammonia" has the meaning provided in subsection
18(d) of Section 3 of the Illinois Fertilizer Act of 1961.
19    "Anhydrous ammonia equipment" means all items used to
20store, hold, contain, handle, transfer, transport, or apply
21anhydrous ammonia for lawful purposes.
22    "Booby trap" means any device designed to cause physical
23injury when triggered by an act of a person approaching,
24entering, or moving through a structure, a vehicle, or any

 

 

HB2605- 284 -LRB103 26047 RLC 52402 b

1location where methamphetamine has been manufactured, is being
2manufactured, or is intended to be manufactured.
3    "Deliver" or "delivery" has the meaning provided in
4subsection (h) of Section 102 of the Illinois Controlled
5Substances Act.
6    "Director" means the Director of the Illinois State Police
7or the Director's designated agents.
8    "Dispose" or "disposal" means to abandon, discharge,
9release, deposit, inject, dump, spill, leak, or place
10methamphetamine waste onto or into any land, water, or well of
11any type so that the waste has the potential to enter the
12environment, be emitted into the air, or be discharged into
13the soil or any waters, including groundwater.
14    "Emergency response" means the act of collecting evidence
15from or securing a methamphetamine laboratory site,
16methamphetamine waste site or other methamphetamine-related
17site and cleaning up the site, whether these actions are
18performed by public entities or private contractors paid by
19public entities.
20    "Emergency service provider" means a local, State, or
21federal peace officer, firefighter, emergency medical
22technician-ambulance, emergency medical
23technician-intermediate, emergency medical
24technician-paramedic, ambulance driver, or other medical or
25first aid personnel rendering aid, or any agent or designee of
26the foregoing.

 

 

HB2605- 285 -LRB103 26047 RLC 52402 b

1    "Finished methamphetamine" means methamphetamine in a form
2commonly used for personal consumption.
3    "Firearm" has the meaning provided in Section 2-7.5 of the
4Criminal Code of 2012 1.1 of the Firearm Owners Identification
5Card Act.
6    "Manufacture" means to produce, prepare, compound,
7convert, process, synthesize, concentrate, purify, separate,
8extract, or package any methamphetamine, methamphetamine
9precursor, methamphetamine manufacturing catalyst,
10methamphetamine manufacturing reagent, methamphetamine
11manufacturing solvent, or any substance containing any of the
12foregoing.
13    "Methamphetamine" means the chemical methamphetamine (a
14Schedule II controlled substance under the Illinois Controlled
15Substances Act) or any salt, optical isomer, salt of optical
16isomer, or analog thereof, with the exception of
173,4-Methylenedioxymethamphetamine (MDMA) or any other
18scheduled substance with a separate listing under the Illinois
19Controlled Substances Act.
20    "Methamphetamine manufacturing catalyst" means any
21substance that has been used, is being used, or is intended to
22be used to activate, accelerate, extend, or improve a chemical
23reaction involved in the manufacture of methamphetamine.
24    "Methamphetamine manufacturing environment" means a
25structure or vehicle in which:
26        (1) methamphetamine is being or has been manufactured;

 

 

HB2605- 286 -LRB103 26047 RLC 52402 b

1        (2) chemicals that are being used, have been used, or
2    are intended to be used to manufacture methamphetamine are
3    stored;
4        (3) methamphetamine manufacturing materials that have
5    been used to manufacture methamphetamine are stored; or
6        (4) methamphetamine manufacturing waste is stored.
7    "Methamphetamine manufacturing material" means any
8methamphetamine precursor, substance containing any
9methamphetamine precursor, methamphetamine manufacturing
10catalyst, substance containing any methamphetamine
11manufacturing catalyst, methamphetamine manufacturing
12reagent, substance containing any methamphetamine
13manufacturing reagent, methamphetamine manufacturing solvent,
14substance containing any methamphetamine manufacturing
15solvent, or any other chemical, substance, ingredient,
16equipment, apparatus, or item that is being used, has been
17used, or is intended to be used in the manufacture of
18methamphetamine.
19    "Methamphetamine manufacturing reagent" means any
20substance other than a methamphetamine manufacturing catalyst
21that has been used, is being used, or is intended to be used to
22react with and chemically alter any methamphetamine precursor.
23    "Methamphetamine manufacturing solvent" means any
24substance that has been used, is being used, or is intended to
25be used as a medium in which any methamphetamine precursor,
26methamphetamine manufacturing catalyst, methamphetamine

 

 

HB2605- 287 -LRB103 26047 RLC 52402 b

1manufacturing reagent, or any substance containing any of the
2foregoing is dissolved, diluted, or washed during any part of
3the methamphetamine manufacturing process.
4    "Methamphetamine manufacturing waste" means any chemical,
5substance, ingredient, equipment, apparatus, or item that is
6left over from, results from, or is produced by the process of
7manufacturing methamphetamine, other than finished
8methamphetamine.
9    "Methamphetamine precursor" means ephedrine,
10pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
11phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
12isomer, or salt of an optical isomer of any of these chemicals.
13    "Multi-unit dwelling" means a unified structure used or
14intended for use as a habitation, home, or residence that
15contains 2 or more condominiums, apartments, hotel rooms,
16motel rooms, or other living units.
17    "Package" means an item marked for retail sale that is not
18designed to be further broken down or subdivided for the
19purpose of retail sale.
20    "Participate" or "participation" in the manufacture of
21methamphetamine means to produce, prepare, compound, convert,
22process, synthesize, concentrate, purify, separate, extract,
23or package any methamphetamine, methamphetamine precursor,
24methamphetamine manufacturing catalyst, methamphetamine
25manufacturing reagent, methamphetamine manufacturing solvent,
26or any substance containing any of the foregoing, or to assist

 

 

HB2605- 288 -LRB103 26047 RLC 52402 b

1in any of these actions, or to attempt to take any of these
2actions, regardless of whether this action or these actions
3result in the production of finished methamphetamine.
4    "Person with a disability" means a person who suffers from
5a permanent physical or mental impairment resulting from
6disease, injury, functional disorder, or congenital condition
7which renders the person incapable of adequately providing for
8his or her own health and personal care.
9    "Procure" means to purchase, steal, gather, or otherwise
10obtain, by legal or illegal means, or to cause another to take
11such action.
12    "Second or subsequent offense" means an offense under this
13Act committed by an offender who previously committed an
14offense under this Act, the Illinois Controlled Substances
15Act, the Cannabis Control Act, or another Act of this State,
16another state, or the United States relating to
17methamphetamine, cannabis, or any other controlled substance.
18    "Standard dosage form", as used in relation to any
19methamphetamine precursor, means that the methamphetamine
20precursor is contained in a pill, tablet, capsule, caplet, gel
21cap, or liquid cap that has been manufactured by a lawful
22entity and contains a standard quantity of methamphetamine
23precursor.
24    "Unauthorized container", as used in relation to anhydrous
25ammonia, means any container that is not designed for the
26specific and sole purpose of holding, storing, transporting,

 

 

HB2605- 289 -LRB103 26047 RLC 52402 b

1or applying anhydrous ammonia. "Unauthorized container"
2includes, but is not limited to, any propane tank, fire
3extinguisher, oxygen cylinder, gasoline can, food or beverage
4cooler, or compressed gas cylinder used in dispensing fountain
5drinks. "Unauthorized container" does not encompass anhydrous
6ammonia manufacturing plants, refrigeration systems where
7anhydrous ammonia is used solely as a refrigerant, anhydrous
8ammonia transportation pipelines, anhydrous ammonia tankers,
9or anhydrous ammonia barges.
10(Source: P.A. 102-538, eff. 8-20-21.)
 
11    Section 85. The Code of Criminal Procedure of 1963 is
12amended by changing Sections 102-7.1, 110-10, 112A-11.1,
13112A-11.2, 112A-14, and 112A-14.7 as follows:
 
14    (725 ILCS 5/102-7.1)
15    (Text of Section before amendment by P.A. 102-982)
16    Sec. 102-7.1. "Category A offense". "Category A offense"
17means a Class 1 felony, Class 2 felony, Class X felony, first
18degree murder, a violation of Section 11-204 of the Illinois
19Vehicle Code, a second or subsequent violation of Section
2011-501 of the Illinois Vehicle Code, a violation of subsection
21(d) of Section 11-501 of the Illinois Vehicle Code, a
22violation of Section 11-401 of the Illinois Vehicle Code if
23the accident results in injury and the person failed to report
24the accident within 30 minutes, a violation of Section 9-3,

 

 

HB2605- 290 -LRB103 26047 RLC 52402 b

19-3.4, 10-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5,
211-25, 12-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5,
312-6, 12-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5,
424-3, 25-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a
5second or subsequent violation of 12-3.2 or 12-3.4 of the
6Criminal Code of 2012, a violation of paragraph (5) or (6) of
7subsection (b) of Section 10-9 of the Criminal Code of 2012, a
8violation of subsection (b) or (c) or paragraph (1) or (2) of
9subsection (a) of Section 11-1.50 of the Criminal Code of
102012, a violation of Section 12-7 of the Criminal Code of 2012
11if the defendant inflicts bodily harm on the victim to obtain a
12confession, statement, or information, a violation of Section
1312-7.5 of the Criminal Code of 2012 if the action results in
14bodily harm, a violation of paragraph (3) of subsection (b) of
15Section 17-2 of the Criminal Code of 2012, a violation of
16subdivision (a)(7)(ii) of Section 24-1 of the Criminal Code of
172012, a violation of paragraph (6) of subsection (a) of
18Section 24-1 of the Criminal Code of 2012, a first violation of
19Section 24-1.6 of the Criminal Code of 2012 by a person 18
20years of age or older where the factors listed in both items
21(A) and (C) or both items (A-5) and (C) of paragraph (3) of
22subsection (a) of Section 24-1.6 of the Criminal Code of 2012
23are present, a Class 3 felony violation of paragraph (1) of
24subsection (a) of Section 2 of the Firearm Owners
25Identification Card Act committed before the effective date of
26this amendatory Act of the 103rd General Assembly, or a

 

 

HB2605- 291 -LRB103 26047 RLC 52402 b

1violation of Section 10 of the Sex Offender Registration Act.
2(Source: P.A. 100-1, eff. 1-1-18; 100-929, eff. 1-1-19.)
 
3    (Text of Section after amendment by P.A. 102-982)
4    Sec. 102-7.1. "Category A offense". "Category A offense"
5means a Class 1 felony, Class 2 felony, Class X felony, first
6degree murder, a violation of Section 11-204 of the Illinois
7Vehicle Code, a second or subsequent violation of Section
811-501 of the Illinois Vehicle Code, a violation of subsection
9(d) of Section 11-501 of the Illinois Vehicle Code, a
10violation of Section 11-401 of the Illinois Vehicle Code if
11the crash results in injury and the person failed to report the
12crash within 30 minutes, a violation of Section 9-3, 9-3.4,
1310-3, 10-3.1, 10-5, 11-6, 11-9.2, 11-20.1, 11-23.5, 11-25,
1412-2, 12-3, 12-3.05, 12-3.2, 12-3.4, 12-4.4a, 12-5, 12-6,
1512-7.1, 12-7.3, 12-7.4, 12-7.5, 12C-5, 24-1.1, 24-1.5, 24-3,
1625-1, 26.5-2, or 48-1 of the Criminal Code of 2012, a second or
17subsequent violation of 12-3.2 or 12-3.4 of the Criminal Code
18of 2012, a violation of paragraph (5) or (6) of subsection (b)
19of Section 10-9 of the Criminal Code of 2012, a violation of
20subsection (b) or (c) or paragraph (1) or (2) of subsection (a)
21of Section 11-1.50 of the Criminal Code of 2012, a violation of
22Section 12-7 of the Criminal Code of 2012 if the defendant
23inflicts bodily harm on the victim to obtain a confession,
24statement, or information, a violation of Section 12-7.5 of
25the Criminal Code of 2012 if the action results in bodily harm,

 

 

HB2605- 292 -LRB103 26047 RLC 52402 b

1a violation of paragraph (3) of subsection (b) of Section 17-2
2of the Criminal Code of 2012, a violation of subdivision
3(a)(7)(ii) of Section 24-1 of the Criminal Code of 2012, a
4violation of paragraph (6) of subsection (a) of Section 24-1
5of the Criminal Code of 2012, a first violation of Section
624-1.6 of the Criminal Code of 2012 by a person 18 years of age
7or older where the factors listed in both items (A) and (C) or
8both items (A-5) and (C) of paragraph (3) of subsection (a) of
9Section 24-1.6 of the Criminal Code of 2012 are present, a
10Class 3 felony violation of paragraph (1) of subsection (a) of
11Section 2 of the Firearm Owners Identification Card Act
12committed before the effective date of this amendatory Act of
13the 103rd General Assembly, or a violation of Section 10 of the
14Sex Offender Registration Act.
15(Source: P.A. 102-982, eff. 7-1-23.)
 
16    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)
17    Sec. 110-10. Conditions of pretrial release.
18    (a) If a person is released prior to conviction, the
19conditions of pretrial release shall be that he or she will:
20        (1) Appear to answer the charge in the court having
21    jurisdiction on a day certain and thereafter as ordered by
22    the court until discharged or final order of the court;
23        (2) Submit himself or herself to the orders and
24    process of the court;
25        (3) (Blank);

 

 

HB2605- 293 -LRB103 26047 RLC 52402 b

1        (4) Not violate any criminal statute of any
2    jurisdiction;
3        (5) At a time and place designated by the court,
4    surrender all firearms in his or her possession to a law
5    enforcement officer designated by the court to take
6    custody of and impound the firearms and physically
7    surrender his or her Firearm Owner's Identification Card
8    to the clerk of the circuit court when the offense the
9    person has been charged with is a forcible felony,
10    stalking, aggravated stalking, domestic battery, any
11    violation of the Illinois Controlled Substances Act, the
12    Methamphetamine Control and Community Protection Act, or
13    the Cannabis Control Act that is classified as a Class 2 or
14    greater felony, or any felony violation of Article 24 of
15    the Criminal Code of 1961 or the Criminal Code of 2012; the
16    court may, however, forgo the imposition of this condition
17    when the circumstances of the case clearly do not warrant
18    it or when its imposition would be impractical; if the
19    Firearm Owner's Identification Card is confiscated, the
20    clerk of the circuit court shall mail the confiscated card
21    to the Illinois State Police; all legally possessed
22    firearms shall be returned to the person upon the charges
23    being dismissed, or if the person is found not guilty,
24    unless the finding of not guilty is by reason of insanity;
25    and
26        (6) At a time and place designated by the court,

 

 

HB2605- 294 -LRB103 26047 RLC 52402 b

1    submit to a psychological evaluation when the person has
2    been charged with a violation of item (4) of subsection
3    (a) of Section 24-1 of the Criminal Code of 1961 or the
4    Criminal Code of 2012 and that violation occurred in a
5    school or in any conveyance owned, leased, or contracted
6    by a school to transport students to or from school or a
7    school-related activity, or on any public way within 1,000
8    feet of real property comprising any school.
9    Psychological evaluations ordered pursuant to this Section
10shall be completed promptly and made available to the State,
11the defendant, and the court. As a further condition of
12pretrial release under these circumstances, the court shall
13order the defendant to refrain from entering upon the property
14of the school, including any conveyance owned, leased, or
15contracted by a school to transport students to or from school
16or a school-related activity, or on any public way within
171,000 feet of real property comprising any school. Upon
18receipt of the psychological evaluation, either the State or
19the defendant may request a change in the conditions of
20pretrial release, pursuant to Section 110-6 of this Code. The
21court may change the conditions of pretrial release to include
22a requirement that the defendant follow the recommendations of
23the psychological evaluation, including undergoing psychiatric
24treatment. The conclusions of the psychological evaluation and
25any statements elicited from the defendant during its
26administration are not admissible as evidence of guilt during

 

 

HB2605- 295 -LRB103 26047 RLC 52402 b

1the course of any trial on the charged offense, unless the
2defendant places his or her mental competency in issue.
3    (b) Additional conditions of release shall be set only
4when it is determined that they are necessary to ensure the
5defendant's appearance in court, ensure the defendant does not
6commit any criminal offense, ensure the defendant complies
7with all conditions of pretrial release, prevent the
8defendant's unlawful interference with the orderly
9administration of justice, or ensure compliance with the rules
10and procedures of problem solving courts. However, conditions
11shall include the least restrictive means and be
12individualized. Conditions shall not mandate rehabilitative
13services unless directly tied to the risk of pretrial
14misconduct. Conditions of supervision shall not include
15punitive measures such as community service work or
16restitution. Conditions may include the following:
17        (0.05) Not depart this State without leave of the
18    court;
19        (1) Report to or appear in person before such person
20    or agency as the court may direct;
21        (2) Refrain from possessing a firearm or other
22    dangerous weapon;
23        (3) Refrain from approaching or communicating with
24    particular persons or classes of persons;
25        (4) Refrain from going to certain described geographic
26    areas or premises;

 

 

HB2605- 296 -LRB103 26047 RLC 52402 b

1        (5) Be placed under direct supervision of the Pretrial
2    Services Agency, Probation Department or Court Services
3    Department in a pretrial home supervision capacity with or
4    without the use of an approved electronic monitoring
5    device subject to Article 8A of Chapter V of the Unified
6    Code of Corrections;
7        (6) For persons charged with violating Section 11-501
8    of the Illinois Vehicle Code, refrain from operating a
9    motor vehicle not equipped with an ignition interlock
10    device, as defined in Section 1-129.1 of the Illinois
11    Vehicle Code, pursuant to the rules promulgated by the
12    Secretary of State for the installation of ignition
13    interlock devices. Under this condition the court may
14    allow a defendant who is not self-employed to operate a
15    vehicle owned by the defendant's employer that is not
16    equipped with an ignition interlock device in the course
17    and scope of the defendant's employment;
18        (7) Comply with the terms and conditions of an order
19    of protection issued by the court under the Illinois
20    Domestic Violence Act of 1986 or an order of protection
21    issued by the court of another state, tribe, or United
22    States territory;
23        (8) Sign a written admonishment requiring that he or
24    she comply with the provisions of Section 110-12 regarding
25    any change in his or her address. The defendant's address
26    shall at all times remain a matter of record with the clerk

 

 

HB2605- 297 -LRB103 26047 RLC 52402 b

1    of the court; and
2        (9) Such other reasonable conditions as the court may
3    impose, so long as these conditions are the least
4    restrictive means to achieve the goals listed in
5    subsection (b), are individualized, and are in accordance
6    with national best practices as detailed in the Pretrial
7    Supervision Standards of the Supreme Court.
8    The defendant shall receive verbal and written
9notification of conditions of pretrial release and future
10court dates, including the date, time, and location of court.
11    (c) When a person is charged with an offense under Section
1211-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
1312-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
14Criminal Code of 2012, involving a victim who is a minor under
1518 years of age living in the same household with the defendant
16at the time of the offense, in releasing the defendant, the
17judge shall impose conditions to restrict the defendant's
18access to the victim which may include, but are not limited to
19conditions that he will:
20        1. Vacate the household.
21        2. Make payment of temporary support to his
22    dependents.
23        3. Refrain from contact or communication with the
24    child victim, except as ordered by the court.
25    (d) When a person is charged with a criminal offense and
26the victim is a family or household member as defined in

 

 

HB2605- 298 -LRB103 26047 RLC 52402 b

1Article 112A, conditions shall be imposed at the time of the
2defendant's release that restrict the defendant's access to
3the victim. Unless provided otherwise by the court, the
4restrictions shall include requirements that the defendant do
5the following:
6        (1) refrain from contact or communication with the
7    victim for a minimum period of 72 hours following the
8    defendant's release; and
9        (2) refrain from entering or remaining at the victim's
10    residence for a minimum period of 72 hours following the
11    defendant's release.
12    (e) Local law enforcement agencies shall develop
13standardized pretrial release forms for use in cases involving
14family or household members as defined in Article 112A,
15including specific conditions of pretrial release as provided
16in subsection (d). Failure of any law enforcement department
17to develop or use those forms shall in no way limit the
18applicability and enforcement of subsections (d) and (f).
19    (f) If the defendant is released after conviction
20following appeal or other post-conviction proceeding, the
21conditions of the pretrial release shall be that he will, in
22addition to the conditions set forth in subsections (a) and
23(b) hereof:
24        (1) Duly prosecute his appeal;
25        (2) Appear at such time and place as the court may
26    direct;

 

 

HB2605- 299 -LRB103 26047 RLC 52402 b

1        (3) Not depart this State without leave of the court;
2        (4) Comply with such other reasonable conditions as
3    the court may impose; and
4        (5) If the judgment is affirmed or the cause reversed
5    and remanded for a new trial, forthwith surrender to the
6    officer from whose custody he was released.
7    (g) Upon a finding of guilty for any felony offense, the
8defendant shall physically surrender, at a time and place
9designated by the court, any and all firearms in his or her
10possession and his or her Firearm Owner's Identification Card
11as a condition of being released pending sentencing.
12(Source: P.A. 101-138, eff. 1-1-20; 101-652, eff. 1-1-23;
13102-1104, eff. 1-1-23.)
 
14    (725 ILCS 5/112A-11.1)
15    Sec. 112A-11.1. Procedure for determining whether certain
16misdemeanor crimes are crimes of domestic violence for
17purposes of federal law.
18    (a) When a defendant has been charged with a violation of
19Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
20Criminal Code of 1961 or the Criminal Code of 2012, the State
21may, at arraignment or no later than 45 days after
22arraignment, for the purpose of notification to the Illinois
23State Police Firearm Owner's Identification Card Office, serve
24on the defendant and file with the court a notice alleging that
25conviction of the offense would subject the defendant to the

 

 

HB2605- 300 -LRB103 26047 RLC 52402 b

1prohibitions of 18 U.S.C. 922(g)(9) because of the
2relationship between the defendant and the alleged victim and
3the nature of the alleged offense.
4    (b) The notice shall include the name of the person
5alleged to be the victim of the crime and shall specify the
6nature of the alleged relationship as set forth in 18 U.S.C.
7921(a)(33)(A)(ii). It shall also specify the element of the
8charged offense which requires the use or attempted use of
9physical force, or the threatened use of a deadly weapon, as
10set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
11notice that the defendant is entitled to a hearing on the
12allegation contained in the notice and that if the allegation
13is sustained, that determination and conviction shall be
14reported to the Illinois State Police Firearm Owner's
15Identification Card Office.
16    (c) After having been notified as provided in subsection
17(b) of this Section, the defendant may stipulate or admit,
18orally on the record or in writing, that conviction of the
19offense would subject the defendant to the prohibitions of 18
20U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
21922(g)(9) shall be deemed established for purposes of Section
22112A-11.2. If the defendant denies the applicability of 18
23U.S.C. 922(g)(9) as alleged in the notice served by the State,
24or stands mute with respect to that allegation, then the State
25shall bear the burden to prove beyond a reasonable doubt that
26the offense is one to which the prohibitions of 18 U.S.C.

 

 

HB2605- 301 -LRB103 26047 RLC 52402 b

1922(g)(9) apply. The court may consider reliable hearsay
2evidence submitted by either party provided that it is
3relevant to the determination of the allegation. Facts
4previously proven at trial or elicited at the time of entry of
5a plea of guilty shall be deemed established beyond a
6reasonable doubt and shall not be relitigated. At the
7conclusion of the hearing, or upon a stipulation or admission,
8as applicable, the court shall make a specific written
9determination with respect to the allegation.
10(Source: P.A. 102-538, eff. 8-20-21.)
 
11    (725 ILCS 5/112A-11.2)
12    Sec. 112A-11.2. Notification to the Illinois State Police
13Firearm Owner's Identification Card Office of determinations
14in certain misdemeanor cases. Upon judgment of conviction of a
15violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
1612-3.5 of the Criminal Code of 1961 or the Criminal Code of
172012 when the defendant has been determined, under Section
18112A-11.1, to be subject to the prohibitions of 18 U.S.C.
19922(g)(9), the circuit court clerk shall include notification
20and a copy of the written determination in a report of the
21conviction to the Illinois State Police Firearm Owner's
22Identification Card Office to enable the office to report that
23determination to the Federal Bureau of Investigation and
24assist the Bureau in identifying persons prohibited from
25purchasing and possessing a firearm pursuant to the provisions

 

 

HB2605- 302 -LRB103 26047 RLC 52402 b

1of 18 U.S.C. 922.
2(Source: P.A. 102-538, eff. 8-20-21.)
 
3    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
4    Sec. 112A-14. Domestic violence order of protection;
5remedies.
6    (a) (Blank).
7    (b) The court may order any of the remedies listed in this
8subsection (b). The remedies listed in this subsection (b)
9shall be in addition to other civil or criminal remedies
10available to petitioner.
11        (1) Prohibition of abuse. Prohibit respondent's
12    harassment, interference with personal liberty,
13    intimidation of a dependent, physical abuse, or willful
14    deprivation, as defined in this Article, if such abuse has
15    occurred or otherwise appears likely to occur if not
16    prohibited.
17        (2) Grant of exclusive possession of residence.
18    Prohibit respondent from entering or remaining in any
19    residence, household, or premises of the petitioner,
20    including one owned or leased by respondent, if petitioner
21    has a right to occupancy thereof. The grant of exclusive
22    possession of the residence, household, or premises shall
23    not affect title to real property, nor shall the court be
24    limited by the standard set forth in subsection (c-2) of
25    Section 501 of the Illinois Marriage and Dissolution of

 

 

HB2605- 303 -LRB103 26047 RLC 52402 b

1    Marriage Act.
2            (A) Right to occupancy. A party has a right to
3        occupancy of a residence or household if it is solely
4        or jointly owned or leased by that party, that party's
5        spouse, a person with a legal duty to support that
6        party or a minor child in that party's care, or by any
7        person or entity other than the opposing party that
8        authorizes that party's occupancy (e.g., a domestic
9        violence shelter). Standards set forth in subparagraph
10        (B) shall not preclude equitable relief.
11            (B) Presumption of hardships. If petitioner and
12        respondent each has the right to occupancy of a
13        residence or household, the court shall balance (i)
14        the hardships to respondent and any minor child or
15        dependent adult in respondent's care resulting from
16        entry of this remedy with (ii) the hardships to
17        petitioner and any minor child or dependent adult in
18        petitioner's care resulting from continued exposure to
19        the risk of abuse (should petitioner remain at the
20        residence or household) or from loss of possession of
21        the residence or household (should petitioner leave to
22        avoid the risk of abuse). When determining the balance
23        of hardships, the court shall also take into account
24        the accessibility of the residence or household.
25        Hardships need not be balanced if respondent does not
26        have a right to occupancy.

 

 

HB2605- 304 -LRB103 26047 RLC 52402 b

1            The balance of hardships is presumed to favor
2        possession by petitioner unless the presumption is
3        rebutted by a preponderance of the evidence, showing
4        that the hardships to respondent substantially
5        outweigh the hardships to petitioner and any minor
6        child or dependent adult in petitioner's care. The
7        court, on the request of petitioner or on its own
8        motion, may order respondent to provide suitable,
9        accessible, alternate housing for petitioner instead
10        of excluding respondent from a mutual residence or
11        household.
12        (3) Stay away order and additional prohibitions. Order
13    respondent to stay away from petitioner or any other
14    person protected by the domestic violence order of
15    protection, or prohibit respondent from entering or
16    remaining present at petitioner's school, place of
17    employment, or other specified places at times when
18    petitioner is present, or both, if reasonable, given the
19    balance of hardships. Hardships need not be balanced for
20    the court to enter a stay away order or prohibit entry if
21    respondent has no right to enter the premises.
22            (A) If a domestic violence order of protection
23        grants petitioner exclusive possession of the
24        residence, prohibits respondent from entering the
25        residence, or orders respondent to stay away from
26        petitioner or other protected persons, then the court

 

 

HB2605- 305 -LRB103 26047 RLC 52402 b

1        may allow respondent access to the residence to remove
2        items of clothing and personal adornment used
3        exclusively by respondent, medications, and other
4        items as the court directs. The right to access shall
5        be exercised on only one occasion as the court directs
6        and in the presence of an agreed-upon adult third
7        party or law enforcement officer.
8            (B) When the petitioner and the respondent attend
9        the same public, private, or non-public elementary,
10        middle, or high school, the court when issuing a
11        domestic violence order of protection and providing
12        relief shall consider the severity of the act, any
13        continuing physical danger or emotional distress to
14        the petitioner, the educational rights guaranteed to
15        the petitioner and respondent under federal and State
16        law, the availability of a transfer of the respondent
17        to another school, a change of placement or a change of
18        program of the respondent, the expense, difficulty,
19        and educational disruption that would be caused by a
20        transfer of the respondent to another school, and any
21        other relevant facts of the case. The court may order
22        that the respondent not attend the public, private, or
23        non-public elementary, middle, or high school attended
24        by the petitioner, order that the respondent accept a
25        change of placement or change of program, as
26        determined by the school district or private or

 

 

HB2605- 306 -LRB103 26047 RLC 52402 b

1        non-public school, or place restrictions on the
2        respondent's movements within the school attended by
3        the petitioner. The respondent bears the burden of
4        proving by a preponderance of the evidence that a
5        transfer, change of placement, or change of program of
6        the respondent is not available. The respondent also
7        bears the burden of production with respect to the
8        expense, difficulty, and educational disruption that
9        would be caused by a transfer of the respondent to
10        another school. A transfer, change of placement, or
11        change of program is not unavailable to the respondent
12        solely on the ground that the respondent does not
13        agree with the school district's or private or
14        non-public school's transfer, change of placement, or
15        change of program or solely on the ground that the
16        respondent fails or refuses to consent or otherwise
17        does not take an action required to effectuate a
18        transfer, change of placement, or change of program.
19        When a court orders a respondent to stay away from the
20        public, private, or non-public school attended by the
21        petitioner and the respondent requests a transfer to
22        another attendance center within the respondent's
23        school district or private or non-public school, the
24        school district or private or non-public school shall
25        have sole discretion to determine the attendance
26        center to which the respondent is transferred. If the

 

 

HB2605- 307 -LRB103 26047 RLC 52402 b

1        court order results in a transfer of the minor
2        respondent to another attendance center, a change in
3        the respondent's placement, or a change of the
4        respondent's program, the parents, guardian, or legal
5        custodian of the respondent is responsible for
6        transportation and other costs associated with the
7        transfer or change.
8            (C) The court may order the parents, guardian, or
9        legal custodian of a minor respondent to take certain
10        actions or to refrain from taking certain actions to
11        ensure that the respondent complies with the order. If
12        the court orders a transfer of the respondent to
13        another school, the parents, guardian, or legal
14        custodian of the respondent is responsible for
15        transportation and other costs associated with the
16        change of school by the respondent.
17        (4) Counseling. Require or recommend the respondent to
18    undergo counseling for a specified duration with a social
19    worker, psychologist, clinical psychologist,
20    psychiatrist, family service agency, alcohol or substance
21    abuse program, mental health center guidance counselor,
22    agency providing services to elders, program designed for
23    domestic violence abusers, or any other guidance service
24    the court deems appropriate. The court may order the
25    respondent in any intimate partner relationship to report
26    to an Illinois Department of Human Services protocol

 

 

HB2605- 308 -LRB103 26047 RLC 52402 b

1    approved partner abuse intervention program for an
2    assessment and to follow all recommended treatment.
3        (5) Physical care and possession of the minor child.
4    In order to protect the minor child from abuse, neglect,
5    or unwarranted separation from the person who has been the
6    minor child's primary caretaker, or to otherwise protect
7    the well-being of the minor child, the court may do either
8    or both of the following: (i) grant petitioner physical
9    care or possession of the minor child, or both, or (ii)
10    order respondent to return a minor child to, or not remove
11    a minor child from, the physical care of a parent or person
12    in loco parentis.
13        If the respondent is charged with abuse (as defined in
14    Section 112A-3 of this Code) of a minor child, there shall
15    be a rebuttable presumption that awarding physical care to
16    respondent would not be in the minor child's best
17    interest.
18        (6) Temporary allocation of parental responsibilities
19    and significant decision-making responsibilities. Award
20    temporary significant decision-making responsibility to
21    petitioner in accordance with this Section, the Illinois
22    Marriage and Dissolution of Marriage Act, the Illinois
23    Parentage Act of 2015, and this State's Uniform
24    Child-Custody Jurisdiction and Enforcement Act.
25        If the respondent is charged with abuse (as defined in
26    Section 112A-3 of this Code) of a minor child, there shall

 

 

HB2605- 309 -LRB103 26047 RLC 52402 b

1    be a rebuttable presumption that awarding temporary
2    significant decision-making responsibility to respondent
3    would not be in the child's best interest.
4        (7) Parenting time. Determine the parenting time, if
5    any, of respondent in any case in which the court awards
6    physical care or temporary significant decision-making
7    responsibility of a minor child to petitioner. The court
8    shall restrict or deny respondent's parenting time with a
9    minor child if the court finds that respondent has done or
10    is likely to do any of the following:
11            (i) abuse or endanger the minor child during
12        parenting time;
13            (ii) use the parenting time as an opportunity to
14        abuse or harass petitioner or petitioner's family or
15        household members;
16            (iii) improperly conceal or detain the minor
17        child; or
18            (iv) otherwise act in a manner that is not in the
19        best interests of the minor child.
20        The court shall not be limited by the standards set
21    forth in Section 603.10 of the Illinois Marriage and
22    Dissolution of Marriage Act. If the court grants parenting
23    time, the order shall specify dates and times for the
24    parenting time to take place or other specific parameters
25    or conditions that are appropriate. No order for parenting
26    time shall refer merely to the term "reasonable parenting

 

 

HB2605- 310 -LRB103 26047 RLC 52402 b

1    time". Petitioner may deny respondent access to the minor
2    child if, when respondent arrives for parenting time,
3    respondent is under the influence of drugs or alcohol and
4    constitutes a threat to the safety and well-being of
5    petitioner or petitioner's minor children or is behaving
6    in a violent or abusive manner. If necessary to protect
7    any member of petitioner's family or household from future
8    abuse, respondent shall be prohibited from coming to
9    petitioner's residence to meet the minor child for
10    parenting time, and the petitioner and respondent shall
11    submit to the court their recommendations for reasonable
12    alternative arrangements for parenting time. A person may
13    be approved to supervise parenting time only after filing
14    an affidavit accepting that responsibility and
15    acknowledging accountability to the court.
16        (8) Removal or concealment of minor child. Prohibit
17    respondent from removing a minor child from the State or
18    concealing the child within the State.
19        (9) Order to appear. Order the respondent to appear in
20    court, alone or with a minor child, to prevent abuse,
21    neglect, removal or concealment of the child, to return
22    the child to the custody or care of the petitioner, or to
23    permit any court-ordered interview or examination of the
24    child or the respondent.
25        (10) Possession of personal property. Grant petitioner
26    exclusive possession of personal property and, if

 

 

HB2605- 311 -LRB103 26047 RLC 52402 b

1    respondent has possession or control, direct respondent to
2    promptly make it available to petitioner, if:
3            (i) petitioner, but not respondent, owns the
4        property; or
5            (ii) the petitioner and respondent own the
6        property jointly; sharing it would risk abuse of
7        petitioner by respondent or is impracticable; and the
8        balance of hardships favors temporary possession by
9        petitioner.
10        If petitioner's sole claim to ownership of the
11    property is that it is marital property, the court may
12    award petitioner temporary possession thereof under the
13    standards of subparagraph (ii) of this paragraph only if a
14    proper proceeding has been filed under the Illinois
15    Marriage and Dissolution of Marriage Act, as now or
16    hereafter amended.
17        No order under this provision shall affect title to
18    property.
19        (11) Protection of property. Forbid the respondent
20    from taking, transferring, encumbering, concealing,
21    damaging, or otherwise disposing of any real or personal
22    property, except as explicitly authorized by the court,
23    if:
24            (i) petitioner, but not respondent, owns the
25        property; or
26            (ii) the petitioner and respondent own the

 

 

HB2605- 312 -LRB103 26047 RLC 52402 b

1        property jointly, and the balance of hardships favors
2        granting this remedy.
3        If petitioner's sole claim to ownership of the
4    property is that it is marital property, the court may
5    grant petitioner relief under subparagraph (ii) of this
6    paragraph only if a proper proceeding has been filed under
7    the Illinois Marriage and Dissolution of Marriage Act, as
8    now or hereafter amended.
9        The court may further prohibit respondent from
10    improperly using the financial or other resources of an
11    aged member of the family or household for the profit or
12    advantage of respondent or of any other person.
13        (11.5) Protection of animals. Grant the petitioner the
14    exclusive care, custody, or control of any animal owned,
15    possessed, leased, kept, or held by either the petitioner
16    or the respondent or a minor child residing in the
17    residence or household of either the petitioner or the
18    respondent and order the respondent to stay away from the
19    animal and forbid the respondent from taking,
20    transferring, encumbering, concealing, harming, or
21    otherwise disposing of the animal.
22        (12) Order for payment of support. Order respondent to
23    pay temporary support for the petitioner or any child in
24    the petitioner's care or over whom the petitioner has been
25    allocated parental responsibility, when the respondent has
26    a legal obligation to support that person, in accordance

 

 

HB2605- 313 -LRB103 26047 RLC 52402 b

1    with the Illinois Marriage and Dissolution of Marriage
2    Act, which shall govern, among other matters, the amount
3    of support, payment through the clerk and withholding of
4    income to secure payment. An order for child support may
5    be granted to a petitioner with lawful physical care of a
6    child, or an order or agreement for physical care of a
7    child, prior to entry of an order allocating significant
8    decision-making responsibility. Such a support order shall
9    expire upon entry of a valid order allocating parental
10    responsibility differently and vacating petitioner's
11    significant decision-making responsibility unless
12    otherwise provided in the order.
13        (13) Order for payment of losses. Order respondent to
14    pay petitioner for losses suffered as a direct result of
15    the abuse. Such losses shall include, but not be limited
16    to, medical expenses, lost earnings or other support,
17    repair or replacement of property damaged or taken,
18    reasonable attorney's fees, court costs, and moving or
19    other travel expenses, including additional reasonable
20    expenses for temporary shelter and restaurant meals.
21            (i) Losses affecting family needs. If a party is
22        entitled to seek maintenance, child support, or
23        property distribution from the other party under the
24        Illinois Marriage and Dissolution of Marriage Act, as
25        now or hereafter amended, the court may order
26        respondent to reimburse petitioner's actual losses, to

 

 

HB2605- 314 -LRB103 26047 RLC 52402 b

1        the extent that such reimbursement would be
2        "appropriate temporary relief", as authorized by
3        subsection (a)(3) of Section 501 of that Act.
4            (ii) Recovery of expenses. In the case of an
5        improper concealment or removal of a minor child, the
6        court may order respondent to pay the reasonable
7        expenses incurred or to be incurred in the search for
8        and recovery of the minor child, including, but not
9        limited to, legal fees, court costs, private
10        investigator fees, and travel costs.
11        (14) Prohibition of entry. Prohibit the respondent
12    from entering or remaining in the residence or household
13    while the respondent is under the influence of alcohol or
14    drugs and constitutes a threat to the safety and
15    well-being of the petitioner or the petitioner's children.
16        (14.5) Prohibition of firearm possession.
17            (A) A person who is subject to an existing
18        domestic violence order of protection issued under
19        this Code may not lawfully possess firearms, stun
20        guns, or tasers weapons or a Firearm Owner's
21        Identification Card under Section 8.2 of the Firearm
22        Owners Identification Card Act.
23            (B) Any firearms in the possession of the
24        respondent, except as provided in subparagraph (C) of
25        this paragraph (14.5), shall be ordered by the court
26        to be turned over to a person who is not prohibited

 

 

HB2605- 315 -LRB103 26047 RLC 52402 b

1        under State or federal law from possessing firearms
2        with a valid Firearm Owner's Identification Card for
3        safekeeping. The court shall issue an order that the
4        respondent comply with Section 9.5 of the Firearm
5        Owners Identification Card Act.
6            (C) If the respondent is a peace officer as
7        defined in Section 2-13 of the Criminal Code of 2012,
8        the court shall order that any firearms used by the
9        respondent in the performance of his or her duties as a
10        peace officer be surrendered to the chief law
11        enforcement executive of the agency in which the
12        respondent is employed, who shall retain the firearms
13        for safekeeping for the duration of the domestic
14        violence order of protection.
15            (D) Upon expiration of the period of safekeeping,
16        if the firearms or Firearm Owner's Identification Card
17        cannot be returned to respondent because respondent
18        cannot be located, fails to respond to requests to
19        retrieve the firearms, or is not lawfully eligible to
20        possess a firearm, upon petition from the local law
21        enforcement agency, the court may order the local law
22        enforcement agency to destroy the firearms, use the
23        firearms for training purposes, or for any other
24        application as deemed appropriate by the local law
25        enforcement agency; or that the firearms be turned
26        over to a third party who is lawfully eligible to

 

 

HB2605- 316 -LRB103 26047 RLC 52402 b

1        possess firearms, and who does not reside with
2        respondent.
3        (15) Prohibition of access to records. If a domestic
4    violence order of protection prohibits respondent from
5    having contact with the minor child, or if petitioner's
6    address is omitted under subsection (b) of Section 112A-5
7    of this Code, or if necessary to prevent abuse or wrongful
8    removal or concealment of a minor child, the order shall
9    deny respondent access to, and prohibit respondent from
10    inspecting, obtaining, or attempting to inspect or obtain,
11    school or any other records of the minor child who is in
12    the care of petitioner.
13        (16) Order for payment of shelter services. Order
14    respondent to reimburse a shelter providing temporary
15    housing and counseling services to the petitioner for the
16    cost of the services, as certified by the shelter and
17    deemed reasonable by the court.
18        (17) Order for injunctive relief. Enter injunctive
19    relief necessary or appropriate to prevent further abuse
20    of a family or household member or to effectuate one of the
21    granted remedies, if supported by the balance of
22    hardships. If the harm to be prevented by the injunction
23    is abuse or any other harm that one of the remedies listed
24    in paragraphs (1) through (16) of this subsection is
25    designed to prevent, no further evidence is necessary to
26    establish that the harm is an irreparable injury.

 

 

HB2605- 317 -LRB103 26047 RLC 52402 b

1        (18) Telephone services.
2            (A) Unless a condition described in subparagraph
3        (B) of this paragraph exists, the court may, upon
4        request by the petitioner, order a wireless telephone
5        service provider to transfer to the petitioner the
6        right to continue to use a telephone number or numbers
7        indicated by the petitioner and the financial
8        responsibility associated with the number or numbers,
9        as set forth in subparagraph (C) of this paragraph. In
10        this paragraph (18), the term "wireless telephone
11        service provider" means a provider of commercial
12        mobile service as defined in 47 U.S.C. 332. The
13        petitioner may request the transfer of each telephone
14        number that the petitioner, or a minor child in his or
15        her custody, uses. The clerk of the court shall serve
16        the order on the wireless telephone service provider's
17        agent for service of process provided to the Illinois
18        Commerce Commission. The order shall contain all of
19        the following:
20                (i) The name and billing telephone number of
21            the account holder including the name of the
22            wireless telephone service provider that serves
23            the account.
24                (ii) Each telephone number that will be
25            transferred.
26                (iii) A statement that the provider transfers

 

 

HB2605- 318 -LRB103 26047 RLC 52402 b

1            to the petitioner all financial responsibility for
2            and right to the use of any telephone number
3            transferred under this paragraph.
4            (B) A wireless telephone service provider shall
5        terminate the respondent's use of, and shall transfer
6        to the petitioner use of, the telephone number or
7        numbers indicated in subparagraph (A) of this
8        paragraph unless it notifies the petitioner, within 72
9        hours after it receives the order, that one of the
10        following applies:
11                (i) The account holder named in the order has
12            terminated the account.
13                (ii) A difference in network technology would
14            prevent or impair the functionality of a device on
15            a network if the transfer occurs.
16                (iii) The transfer would cause a geographic or
17            other limitation on network or service provision
18            to the petitioner.
19                (iv) Another technological or operational
20            issue would prevent or impair the use of the
21            telephone number if the transfer occurs.
22            (C) The petitioner assumes all financial
23        responsibility for and right to the use of any
24        telephone number transferred under this paragraph. In
25        this paragraph, "financial responsibility" includes
26        monthly service costs and costs associated with any

 

 

HB2605- 319 -LRB103 26047 RLC 52402 b

1        mobile device associated with the number.
2            (D) A wireless telephone service provider may
3        apply to the petitioner its routine and customary
4        requirements for establishing an account or
5        transferring a number, including requiring the
6        petitioner to provide proof of identification,
7        financial information, and customer preferences.
8            (E) Except for willful or wanton misconduct, a
9        wireless telephone service provider is immune from
10        civil liability for its actions taken in compliance
11        with a court order issued under this paragraph.
12            (F) All wireless service providers that provide
13        services to residential customers shall provide to the
14        Illinois Commerce Commission the name and address of
15        an agent for service of orders entered under this
16        paragraph (18). Any change in status of the registered
17        agent must be reported to the Illinois Commerce
18        Commission within 30 days of such change.
19            (G) The Illinois Commerce Commission shall
20        maintain the list of registered agents for service for
21        each wireless telephone service provider on the
22        Commission's website. The Commission may consult with
23        wireless telephone service providers and the Circuit
24        Court Clerks on the manner in which this information
25        is provided and displayed.
26    (c) Relevant factors; findings.

 

 

HB2605- 320 -LRB103 26047 RLC 52402 b

1        (1) In determining whether to grant a specific remedy,
2    other than payment of support, the court shall consider
3    relevant factors, including, but not limited to, the
4    following:
5            (i) the nature, frequency, severity, pattern, and
6        consequences of the respondent's past abuse of the
7        petitioner or any family or household member,
8        including the concealment of his or her location in
9        order to evade service of process or notice, and the
10        likelihood of danger of future abuse to petitioner or
11        any member of petitioner's or respondent's family or
12        household; and
13            (ii) the danger that any minor child will be
14        abused or neglected or improperly relocated from the
15        jurisdiction, improperly concealed within the State,
16        or improperly separated from the child's primary
17        caretaker.
18        (2) In comparing relative hardships resulting to the
19    parties from loss of possession of the family home, the
20    court shall consider relevant factors, including, but not
21    limited to, the following:
22            (i) availability, accessibility, cost, safety,
23        adequacy, location, and other characteristics of
24        alternate housing for each party and any minor child
25        or dependent adult in the party's care;
26            (ii) the effect on the party's employment; and

 

 

HB2605- 321 -LRB103 26047 RLC 52402 b

1            (iii) the effect on the relationship of the party,
2        and any minor child or dependent adult in the party's
3        care, to family, school, church, and community.
4        (3) Subject to the exceptions set forth in paragraph
5    (4) of this subsection (c), the court shall make its
6    findings in an official record or in writing, and shall at
7    a minimum set forth the following:
8            (i) That the court has considered the applicable
9        relevant factors described in paragraphs (1) and (2)
10        of this subsection (c).
11            (ii) Whether the conduct or actions of respondent,
12        unless prohibited, will likely cause irreparable harm
13        or continued abuse.
14            (iii) Whether it is necessary to grant the
15        requested relief in order to protect petitioner or
16        other alleged abused persons.
17        (4) (Blank).
18        (5) Never married parties. No rights or
19    responsibilities for a minor child born outside of
20    marriage attach to a putative father until a father and
21    child relationship has been established under the Illinois
22    Parentage Act of 1984, the Illinois Parentage Act of 2015,
23    the Illinois Public Aid Code, Section 12 of the Vital
24    Records Act, the Juvenile Court Act of 1987, the Probate
25    Act of 1975, the Uniform Interstate Family Support Act,
26    the Expedited Child Support Act of 1990, any judicial,

 

 

HB2605- 322 -LRB103 26047 RLC 52402 b

1    administrative, or other act of another state or
2    territory, any other statute of this State, or by any
3    foreign nation establishing the father and child
4    relationship, any other proceeding substantially in
5    conformity with the federal Personal Responsibility and
6    Work Opportunity Reconciliation Act of 1996, or when both
7    parties appeared in open court or at an administrative
8    hearing acknowledging under oath or admitting by
9    affirmation the existence of a father and child
10    relationship. Absent such an adjudication, no putative
11    father shall be granted temporary allocation of parental
12    responsibilities, including parenting time with the minor
13    child, or physical care and possession of the minor child,
14    nor shall an order of payment for support of the minor
15    child be entered.
16    (d) Balance of hardships; findings. If the court finds
17that the balance of hardships does not support the granting of
18a remedy governed by paragraph (2), (3), (10), (11), or (16) of
19subsection (b) of this Section, which may require such
20balancing, the court's findings shall so indicate and shall
21include a finding as to whether granting the remedy will
22result in hardship to respondent that would substantially
23outweigh the hardship to petitioner from denial of the remedy.
24The findings shall be an official record or in writing.
25    (e) Denial of remedies. Denial of any remedy shall not be
26based, in whole or in part, on evidence that:

 

 

HB2605- 323 -LRB103 26047 RLC 52402 b

1        (1) respondent has cause for any use of force, unless
2    that cause satisfies the standards for justifiable use of
3    force provided by Article 7 of the Criminal Code of 2012;
4        (2) respondent was voluntarily intoxicated;
5        (3) petitioner acted in self-defense or defense of
6    another, provided that, if petitioner utilized force, such
7    force was justifiable under Article 7 of the Criminal Code
8    of 2012;
9        (4) petitioner did not act in self-defense or defense
10    of another;
11        (5) petitioner left the residence or household to
12    avoid further abuse by respondent;
13        (6) petitioner did not leave the residence or
14    household to avoid further abuse by respondent; or
15        (7) conduct by any family or household member excused
16    the abuse by respondent, unless that same conduct would
17    have excused such abuse if the parties had not been family
18    or household members.
19(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
20102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
21    (725 ILCS 5/112A-14.7)
22    Sec. 112A-14.7. Stalking no contact order; remedies.
23    (a) The court may order any of the remedies listed in this
24Section. The remedies listed in this Section shall be in
25addition to other civil or criminal remedies available to

 

 

HB2605- 324 -LRB103 26047 RLC 52402 b

1petitioner. A stalking no contact order shall order one or
2more of the following:
3        (1) prohibit the respondent from threatening to commit
4    or committing stalking;
5        (2) order the respondent not to have any contact with
6    the petitioner or a third person specifically named by the
7    court;
8        (3) prohibit the respondent from knowingly coming
9    within, or knowingly remaining within a specified distance
10    of the petitioner or the petitioner's residence, school,
11    daycare, or place of employment, or any specified place
12    frequented by the petitioner; however, the court may order
13    the respondent to stay away from the respondent's own
14    residence, school, or place of employment only if the
15    respondent has been provided actual notice of the
16    opportunity to appear and be heard on the petition;
17        (4) prohibit the respondent from possessing a Firearm
18    Owners Identification Card, or possessing or buying
19    firearms; and
20        (5) order other injunctive relief the court determines
21    to be necessary to protect the petitioner or third party
22    specifically named by the court.
23    (b) When the petitioner and the respondent attend the same
24public, private, or non-public elementary, middle, or high
25school, the court when issuing a stalking no contact order and
26providing relief shall consider the severity of the act, any

 

 

HB2605- 325 -LRB103 26047 RLC 52402 b

1continuing physical danger or emotional distress to the
2petitioner, the educational rights guaranteed to the
3petitioner and respondent under federal and State law, the
4availability of a transfer of the respondent to another
5school, a change of placement or a change of program of the
6respondent, the expense, difficulty, and educational
7disruption that would be caused by a transfer of the
8respondent to another school, and any other relevant facts of
9the case. The court may order that the respondent not attend
10the public, private, or non-public elementary, middle, or high
11school attended by the petitioner, order that the respondent
12accept a change of placement or program, as determined by the
13school district or private or non-public school, or place
14restrictions on the respondent's movements within the school
15attended by the petitioner. The respondent bears the burden of
16proving by a preponderance of the evidence that a transfer,
17change of placement, or change of program of the respondent is
18not available. The respondent also bears the burden of
19production with respect to the expense, difficulty, and
20educational disruption that would be caused by a transfer of
21the respondent to another school. A transfer, change of
22placement, or change of program is not unavailable to the
23respondent solely on the ground that the respondent does not
24agree with the school district's or private or non-public
25school's transfer, change of placement, or change of program
26or solely on the ground that the respondent fails or refuses to

 

 

HB2605- 326 -LRB103 26047 RLC 52402 b

1consent to or otherwise does not take an action required to
2effectuate a transfer, change of placement, or change of
3program. When a court orders a respondent to stay away from the
4public, private, or non-public school attended by the
5petitioner and the respondent requests a transfer to another
6attendance center within the respondent's school district or
7private or non-public school, the school district or private
8or non-public school shall have sole discretion to determine
9the attendance center to which the respondent is transferred.
10If the court order results in a transfer of the minor
11respondent to another attendance center, a change in the
12respondent's placement, or a change of the respondent's
13program, the parents, guardian, or legal custodian of the
14respondent is responsible for transportation and other costs
15associated with the transfer or change.
16    (c) The court may order the parents, guardian, or legal
17custodian of a minor respondent to take certain actions or to
18refrain from taking certain actions to ensure that the
19respondent complies with the order. If the court orders a
20transfer of the respondent to another school, the parents,
21guardian, or legal custodian of the respondent are responsible
22for transportation and other costs associated with the change
23of school by the respondent.
24    (d) The court shall not hold a school district or private
25or non-public school or any of its employees in civil or
26criminal contempt unless the school district or private or

 

 

HB2605- 327 -LRB103 26047 RLC 52402 b

1non-public school has been allowed to intervene.
2    (e) The court may hold the parents, guardian, or legal
3custodian of a minor respondent in civil or criminal contempt
4for a violation of any provision of any order entered under
5this Article for conduct of the minor respondent in violation
6of this Article if the parents, guardian, or legal custodian
7directed, encouraged, or assisted the respondent minor in the
8conduct.
9    (f) Monetary damages are not recoverable as a remedy.
10    (g) If the stalking no contact order prohibits the
11respondent from possessing a Firearm Owner's Identification
12Card, or possessing or buying firearms; the court shall
13confiscate the respondent's firearms and firearm ammunition
14Firearm Owner's Identification Card and immediately return the
15card to the Illinois State Police Firearm Owner's
16Identification Card Office.
17(Source: P.A. 102-538, eff. 8-20-21.)
 
18    Section 90. The Unified Code of Corrections is amended by
19changing Sections 5-4.5-110, 5-5-3, 5-5-3.2, and 5-6-3 as
20follows:
 
21    (730 ILCS 5/5-4.5-110)
22    (Section scheduled to be repealed on January 1, 2024)
23    Sec. 5-4.5-110. SENTENCING GUIDELINES FOR INDIVIDUALS WITH
24PRIOR FELONY FIREARM-RELATED OR OTHER SPECIFIED CONVICTIONS.

 

 

HB2605- 328 -LRB103 26047 RLC 52402 b

1    (a) DEFINITIONS. For the purposes of this Section:
2        "Firearm" has the meaning ascribed to it in Section
3    2-7.5 of the Criminal Code of 2012 1.1 of the Firearm
4    Owners Identification Card Act.
5        "Qualifying predicate offense" means the following
6    offenses under the Criminal Code of 2012:
7            (A) aggravated unlawful use of a weapon under
8        Section 24-1.6 or similar offense under the Criminal
9        Code of 1961, when the weapon is a firearm;
10            (B) unlawful use or possession of a weapon by a
11        felon under Section 24-1.1 or similar offense under
12        the Criminal Code of 1961, when the weapon is a
13        firearm;
14            (C) first degree murder under Section 9-1 or
15        similar offense under the Criminal Code of 1961;
16            (D) attempted first degree murder with a firearm
17        or similar offense under the Criminal Code of 1961;
18            (E) aggravated kidnapping with a firearm under
19        paragraph (6) or (7) of subsection (a) of Section 10-2
20        or similar offense under the Criminal Code of 1961;
21            (F) aggravated battery with a firearm under
22        subsection (e) of Section 12-3.05 or similar offense
23        under the Criminal Code of 1961;
24            (G) aggravated criminal sexual assault under
25        Section 11-1.30 or similar offense under the Criminal
26        Code of 1961;

 

 

HB2605- 329 -LRB103 26047 RLC 52402 b

1            (H) predatory criminal sexual assault of a child
2        under Section 11-1.40 or similar offense under the
3        Criminal Code of 1961;
4            (I) armed robbery under Section 18-2 or similar
5        offense under the Criminal Code of 1961;
6            (J) vehicular hijacking under Section 18-3 or
7        similar offense under the Criminal Code of 1961;
8            (K) aggravated vehicular hijacking under Section
9        18-4 or similar offense under the Criminal Code of
10        1961;
11            (L) home invasion with a firearm under paragraph
12        (3), (4), or (5) of subsection (a) of Section 19-6 or
13        similar offense under the Criminal Code of 1961;
14            (M) aggravated discharge of a firearm under
15        Section 24-1.2 or similar offense under the Criminal
16        Code of 1961;
17            (N) aggravated discharge of a machine gun or a
18        firearm equipped with a device designed or used for
19        silencing the report of a firearm under Section
20        24-1.2-5 or similar offense under the Criminal Code of
21        1961;
22            (0) unlawful use of firearm projectiles under
23        Section 24-2.1 or similar offense under the Criminal
24        Code of 1961;
25            (P) manufacture, sale, or transfer of bullets or
26        shells represented to be armor piercing bullets,

 

 

HB2605- 330 -LRB103 26047 RLC 52402 b

1        dragon's breath shotgun shells, bolo shells, or
2        flechette shells under Section 24-2.2 or similar
3        offense under the Criminal Code of 1961;
4            (Q) unlawful sale or delivery of firearms under
5        Section 24-3 or similar offense under the Criminal
6        Code of 1961;
7            (R) unlawful discharge of firearm projectiles
8        under Section 24-3.2 or similar offense under the
9        Criminal Code of 1961;
10            (S) unlawful sale or delivery of firearms on
11        school premises of any school under Section 24-3.3 or
12        similar offense under the Criminal Code of 1961;
13            (T) unlawful purchase of a firearm under Section
14        24-3.5 or similar offense under the Criminal Code of
15        1961;
16            (U) use of a stolen firearm in the commission of an
17        offense under Section 24-3.7 or similar offense under
18        the Criminal Code of 1961;
19            (V) possession of a stolen firearm under Section
20        24-3.8 or similar offense under the Criminal Code of
21        1961;
22            (W) aggravated possession of a stolen firearm
23        under Section 24-3.9 or similar offense under the
24        Criminal Code of 1961;
25            (X) gunrunning under Section 24-3A or similar
26        offense under the Criminal Code of 1961;

 

 

HB2605- 331 -LRB103 26047 RLC 52402 b

1            (Y) defacing identification marks of firearms
2        under Section 24-5 or similar offense under the
3        Criminal Code of 1961; and
4            (Z) armed violence under Section 33A-2 or similar
5        offense under the Criminal Code of 1961.
6    (b) APPLICABILITY. For an offense committed on or after
7January 1, 2018 (the effective date of Public Act 100-3) and
8before January 1, 2024, when a person is convicted of unlawful
9use or possession of a weapon by a felon, when the weapon is a
10firearm, or aggravated unlawful use of a weapon, when the
11weapon is a firearm, after being previously convicted of a
12qualifying predicate offense the person shall be subject to
13the sentencing guidelines under this Section.
14    (c) SENTENCING GUIDELINES.
15        (1) When a person is convicted of unlawful use or
16    possession of a weapon by a felon, when the weapon is a
17    firearm, and that person has been previously convicted of
18    a qualifying predicate offense, the person shall be
19    sentenced to a term of imprisonment within the sentencing
20    range of not less than 7 years and not more than 14 years,
21    unless the court finds that a departure from the
22    sentencing guidelines under this paragraph is warranted
23    under subsection (d) of this Section.
24        (2) When a person is convicted of aggravated unlawful
25    use of a weapon, when the weapon is a firearm, and that
26    person has been previously convicted of a qualifying

 

 

HB2605- 332 -LRB103 26047 RLC 52402 b

1    predicate offense, the person shall be sentenced to a term
2    of imprisonment within the sentencing range of not less
3    than 6 years and not more than 7 years, unless the court
4    finds that a departure from the sentencing guidelines
5    under this paragraph is warranted under subsection (d) of
6    this Section.
7        (3) The sentencing guidelines in paragraphs (1) and
8    (2) of this subsection (c) apply only to offenses
9    committed on and after January 1, 2018 (the effective date
10    of Public Act 100-3) and before January 1, 2024.
11    (d) DEPARTURE FROM SENTENCING GUIDELINES.
12        (1) At the sentencing hearing conducted under Section
13    5-4-1 of this Code, the court may depart from the
14    sentencing guidelines provided in subsection (c) of this
15    Section and impose a sentence otherwise authorized by law
16    for the offense if the court, after considering any factor
17    under paragraph (2) of this subsection (d) relevant to the
18    nature and circumstances of the crime and to the history
19    and character of the defendant, finds on the record
20    substantial and compelling justification that the sentence
21    within the sentencing guidelines would be unduly harsh and
22    that a sentence otherwise authorized by law would be
23    consistent with public safety and does not deprecate the
24    seriousness of the offense.
25        (2) In deciding whether to depart from the sentencing
26    guidelines under this paragraph, the court shall consider:

 

 

HB2605- 333 -LRB103 26047 RLC 52402 b

1            (A) the age, immaturity, or limited mental
2        capacity of the defendant at the time of commission of
3        the qualifying predicate or current offense, including
4        whether the defendant was suffering from a mental or
5        physical condition insufficient to constitute a
6        defense but significantly reduced the defendant's
7        culpability;
8            (B) the nature and circumstances of the qualifying
9        predicate offense;
10            (C) the time elapsed since the qualifying
11        predicate offense;
12            (D) the nature and circumstances of the current
13        offense;
14            (E) the defendant's prior criminal history;
15            (F) whether the defendant committed the qualifying
16        predicate or current offense under specific and
17        credible duress, coercion, threat, or compulsion;
18            (G) whether the defendant aided in the
19        apprehension of another felon or testified truthfully
20        on behalf of another prosecution of a felony; and
21            (H) whether departure is in the interest of the
22        person's rehabilitation, including employment or
23        educational or vocational training, after taking into
24        account any past rehabilitation efforts or
25        dispositions of probation or supervision, and the
26        defendant's cooperation or response to rehabilitation.

 

 

HB2605- 334 -LRB103 26047 RLC 52402 b

1        (3) When departing from the sentencing guidelines
2    under this Section, the court shall specify on the record,
3    the particular evidence, information, factor or factors,
4    or other reasons which led to the departure from the
5    sentencing guidelines. When departing from the sentencing
6    range in accordance with this subsection (d), the court
7    shall indicate on the sentencing order which departure
8    factor or factors outlined in paragraph (2) of this
9    subsection (d) led to the sentence imposed. The sentencing
10    order shall be filed with the clerk of the court and shall
11    be a public record.
12    (e) This Section is repealed on January 1, 2024.
13(Source: P.A. 102-1109, eff. 12-21-22.)
 
14    (730 ILCS 5/5-5-3)
15    Sec. 5-5-3. Disposition.
16    (a) (Blank).
17    (b) (Blank).
18    (c) (1) (Blank).
19    (2) A period of probation, a term of periodic imprisonment
20or conditional discharge shall not be imposed for the
21following offenses. The court shall sentence the offender to
22not less than the minimum term of imprisonment set forth in
23this Code for the following offenses, and may order a fine or
24restitution or both in conjunction with such term of
25imprisonment:

 

 

HB2605- 335 -LRB103 26047 RLC 52402 b

1        (A) First degree murder where the death penalty is not
2    imposed.
3        (B) Attempted first degree murder.
4        (C) A Class X felony.
5        (D) A violation of Section 401.1 or 407 of the
6    Illinois Controlled Substances Act, or a violation of
7    subdivision (c)(1.5) of Section 401 of that Act which
8    relates to more than 5 grams of a substance containing
9    fentanyl or an analog thereof.
10        (D-5) A violation of subdivision (c)(1) of Section 401
11    of the Illinois Controlled Substances Act which relates to
12    3 or more grams of a substance containing heroin or an
13    analog thereof.
14        (E) (Blank).
15        (F) A Class 1 or greater felony if the offender had
16    been convicted of a Class 1 or greater felony, including
17    any state or federal conviction for an offense that
18    contained, at the time it was committed, the same elements
19    as an offense now (the date of the offense committed after
20    the prior Class 1 or greater felony) classified as a Class
21    1 or greater felony, within 10 years of the date on which
22    the offender committed the offense for which he or she is
23    being sentenced, except as otherwise provided in Section
24    40-10 of the Substance Use Disorder Act.
25        (F-3) A Class 2 or greater felony sex offense or
26    felony firearm offense if the offender had been convicted

 

 

HB2605- 336 -LRB103 26047 RLC 52402 b

1    of a Class 2 or greater felony, including any state or
2    federal conviction for an offense that contained, at the
3    time it was committed, the same elements as an offense now
4    (the date of the offense committed after the prior Class 2
5    or greater felony) classified as a Class 2 or greater
6    felony, within 10 years of the date on which the offender
7    committed the offense for which he or she is being
8    sentenced, except as otherwise provided in Section 40-10
9    of the Substance Use Disorder Act.
10        (F-5) A violation of Section 24-1, 24-1.1, or 24-1.6
11    of the Criminal Code of 1961 or the Criminal Code of 2012
12    for which imprisonment is prescribed in those Sections.
13        (G) Residential burglary, except as otherwise provided
14    in Section 40-10 of the Substance Use Disorder Act.
15        (H) Criminal sexual assault.
16        (I) Aggravated battery of a senior citizen as
17    described in Section 12-4.6 or subdivision (a)(4) of
18    Section 12-3.05 of the Criminal Code of 1961 or the
19    Criminal Code of 2012.
20        (J) A forcible felony if the offense was related to
21    the activities of an organized gang.
22        Before July 1, 1994, for the purposes of this
23    paragraph, "organized gang" means an association of 5 or
24    more persons, with an established hierarchy, that
25    encourages members of the association to perpetrate crimes
26    or provides support to the members of the association who

 

 

HB2605- 337 -LRB103 26047 RLC 52402 b

1    do commit crimes.
2        Beginning July 1, 1994, for the purposes of this
3    paragraph, "organized gang" has the meaning ascribed to it
4    in Section 10 of the Illinois Streetgang Terrorism Omnibus
5    Prevention Act.
6        (K) Vehicular hijacking.
7        (L) A second or subsequent conviction for the offense
8    of hate crime when the underlying offense upon which the
9    hate crime is based is felony aggravated assault or felony
10    mob action.
11        (M) A second or subsequent conviction for the offense
12    of institutional vandalism if the damage to the property
13    exceeds $300.
14        (N) A Class 3 felony violation of paragraph (1) of
15    subsection (a) of Section 2 of the Firearm Owners
16    Identification Card Act committed before the effective
17    date of this amendatory Act of the 103rd General Assembly.
18        (O) A violation of Section 12-6.1 or 12-6.5 of the
19    Criminal Code of 1961 or the Criminal Code of 2012.
20        (P) A violation of paragraph (1), (2), (3), (4), (5),
21    or (7) of subsection (a) of Section 11-20.1 of the
22    Criminal Code of 1961 or the Criminal Code of 2012.
23        (P-5) A violation of paragraph (6) of subsection (a)
24    of Section 11-20.1 of the Criminal Code of 1961 or the
25    Criminal Code of 2012 if the victim is a household or
26    family member of the defendant.

 

 

HB2605- 338 -LRB103 26047 RLC 52402 b

1        (Q) A violation of subsection (b) or (b-5) of Section
2    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
3    Code of 1961 or the Criminal Code of 2012.
4        (R) A violation of Section 24-3A of the Criminal Code
5    of 1961 or the Criminal Code of 2012.
6        (S) (Blank).
7        (T) (Blank).
8        (U) A second or subsequent violation of Section 6-303
9    of the Illinois Vehicle Code committed while his or her
10    driver's license, permit, or privilege was revoked because
11    of a violation of Section 9-3 of the Criminal Code of 1961
12    or the Criminal Code of 2012, relating to the offense of
13    reckless homicide, or a similar provision of a law of
14    another state.
15        (V) A violation of paragraph (4) of subsection (c) of
16    Section 11-20.1B or paragraph (4) of subsection (c) of
17    Section 11-20.3 of the Criminal Code of 1961, or paragraph
18    (6) of subsection (a) of Section 11-20.1 of the Criminal
19    Code of 2012 when the victim is under 13 years of age and
20    the defendant has previously been convicted under the laws
21    of this State or any other state of the offense of child
22    pornography, aggravated child pornography, aggravated
23    criminal sexual abuse, aggravated criminal sexual assault,
24    predatory criminal sexual assault of a child, or any of
25    the offenses formerly known as rape, deviate sexual
26    assault, indecent liberties with a child, or aggravated

 

 

HB2605- 339 -LRB103 26047 RLC 52402 b

1    indecent liberties with a child where the victim was under
2    the age of 18 years or an offense that is substantially
3    equivalent to those offenses.
4        (W) A violation of Section 24-3.5 of the Criminal Code
5    of 1961 or the Criminal Code of 2012.
6        (X) A violation of subsection (a) of Section 31-1a of
7    the Criminal Code of 1961 or the Criminal Code of 2012.
8        (Y) A conviction for unlawful possession of a firearm
9    by a street gang member when the firearm was loaded or
10    contained firearm ammunition.
11        (Z) A Class 1 felony committed while he or she was
12    serving a term of probation or conditional discharge for a
13    felony.
14        (AA) Theft of property exceeding $500,000 and not
15    exceeding $1,000,000 in value.
16        (BB) Laundering of criminally derived property of a
17    value exceeding $500,000.
18        (CC) Knowingly selling, offering for sale, holding for
19    sale, or using 2,000 or more counterfeit items or
20    counterfeit items having a retail value in the aggregate
21    of $500,000 or more.
22        (DD) A conviction for aggravated assault under
23    paragraph (6) of subsection (c) of Section 12-2 of the
24    Criminal Code of 1961 or the Criminal Code of 2012 if the
25    firearm is aimed toward the person against whom the
26    firearm is being used.

 

 

HB2605- 340 -LRB103 26047 RLC 52402 b

1        (EE) A conviction for a violation of paragraph (2) of
2    subsection (a) of Section 24-3B of the Criminal Code of
3    2012.
4    (3) (Blank).
5    (4) A minimum term of imprisonment of not less than 10
6consecutive days or 30 days of community service shall be
7imposed for a violation of paragraph (c) of Section 6-303 of
8the Illinois Vehicle Code.
9    (4.1) (Blank).
10    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
11this subsection (c), a minimum of 100 hours of community
12service shall be imposed for a second violation of Section
136-303 of the Illinois Vehicle Code.
14    (4.3) A minimum term of imprisonment of 30 days or 300
15hours of community service, as determined by the court, shall
16be imposed for a second violation of subsection (c) of Section
176-303 of the Illinois Vehicle Code.
18    (4.4) Except as provided in paragraphs (4.5), (4.6), and
19(4.9) of this subsection (c), a minimum term of imprisonment
20of 30 days or 300 hours of community service, as determined by
21the court, shall be imposed for a third or subsequent
22violation of Section 6-303 of the Illinois Vehicle Code. The
23court may give credit toward the fulfillment of community
24service hours for participation in activities and treatment as
25determined by court services.
26    (4.5) A minimum term of imprisonment of 30 days shall be

 

 

HB2605- 341 -LRB103 26047 RLC 52402 b

1imposed for a third violation of subsection (c) of Section
26-303 of the Illinois Vehicle Code.
3    (4.6) Except as provided in paragraph (4.10) of this
4subsection (c), a minimum term of imprisonment of 180 days
5shall be imposed for a fourth or subsequent violation of
6subsection (c) of Section 6-303 of the Illinois Vehicle Code.
7    (4.7) A minimum term of imprisonment of not less than 30
8consecutive days, or 300 hours of community service, shall be
9imposed for a violation of subsection (a-5) of Section 6-303
10of the Illinois Vehicle Code, as provided in subsection (b-5)
11of that Section.
12    (4.8) A mandatory prison sentence shall be imposed for a
13second violation of subsection (a-5) of Section 6-303 of the
14Illinois Vehicle Code, as provided in subsection (c-5) of that
15Section. The person's driving privileges shall be revoked for
16a period of not less than 5 years from the date of his or her
17release from prison.
18    (4.9) A mandatory prison sentence of not less than 4 and
19not more than 15 years shall be imposed for a third violation
20of subsection (a-5) of Section 6-303 of the Illinois Vehicle
21Code, as provided in subsection (d-2.5) of that Section. The
22person's driving privileges shall be revoked for the remainder
23of his or her life.
24    (4.10) A mandatory prison sentence for a Class 1 felony
25shall be imposed, and the person shall be eligible for an
26extended term sentence, for a fourth or subsequent violation

 

 

HB2605- 342 -LRB103 26047 RLC 52402 b

1of subsection (a-5) of Section 6-303 of the Illinois Vehicle
2Code, as provided in subsection (d-3.5) of that Section. The
3person's driving privileges shall be revoked for the remainder
4of his or her life.
5    (5) The court may sentence a corporation or unincorporated
6association convicted of any offense to:
7        (A) a period of conditional discharge;
8        (B) a fine;
9        (C) make restitution to the victim under Section 5-5-6
10    of this Code.
11    (5.1) In addition to any other penalties imposed, and
12except as provided in paragraph (5.2) or (5.3), a person
13convicted of violating subsection (c) of Section 11-907 of the
14Illinois Vehicle Code shall have his or her driver's license,
15permit, or privileges suspended for at least 90 days but not
16more than one year, if the violation resulted in damage to the
17property of another person.
18    (5.2) In addition to any other penalties imposed, and
19except as provided in paragraph (5.3), a person convicted of
20violating subsection (c) of Section 11-907 of the Illinois
21Vehicle Code shall have his or her driver's license, permit,
22or privileges suspended for at least 180 days but not more than
232 years, if the violation resulted in injury to another
24person.
25    (5.3) In addition to any other penalties imposed, a person
26convicted of violating subsection (c) of Section 11-907 of the

 

 

HB2605- 343 -LRB103 26047 RLC 52402 b

1Illinois Vehicle Code shall have his or her driver's license,
2permit, or privileges suspended for 2 years, if the violation
3resulted in the death of another person.
4    (5.4) In addition to any other penalties imposed, a person
5convicted of violating Section 3-707 of the Illinois Vehicle
6Code shall have his or her driver's license, permit, or
7privileges suspended for 3 months and until he or she has paid
8a reinstatement fee of $100.
9    (5.5) In addition to any other penalties imposed, a person
10convicted of violating Section 3-707 of the Illinois Vehicle
11Code during a period in which his or her driver's license,
12permit, or privileges were suspended for a previous violation
13of that Section shall have his or her driver's license,
14permit, or privileges suspended for an additional 6 months
15after the expiration of the original 3-month suspension and
16until he or she has paid a reinstatement fee of $100.
17    (6) (Blank).
18    (7) (Blank).
19    (8) (Blank).
20    (9) A defendant convicted of a second or subsequent
21offense of ritualized abuse of a child may be sentenced to a
22term of natural life imprisonment.
23    (10) (Blank).
24    (11) The court shall impose a minimum fine of $1,000 for a
25first offense and $2,000 for a second or subsequent offense
26upon a person convicted of or placed on supervision for

 

 

HB2605- 344 -LRB103 26047 RLC 52402 b

1battery when the individual harmed was a sports official or
2coach at any level of competition and the act causing harm to
3the sports official or coach occurred within an athletic
4facility or within the immediate vicinity of the athletic
5facility at which the sports official or coach was an active
6participant of the athletic contest held at the athletic
7facility. For the purposes of this paragraph (11), "sports
8official" means a person at an athletic contest who enforces
9the rules of the contest, such as an umpire or referee;
10"athletic facility" means an indoor or outdoor playing field
11or recreational area where sports activities are conducted;
12and "coach" means a person recognized as a coach by the
13sanctioning authority that conducted the sporting event.
14    (12) A person may not receive a disposition of court
15supervision for a violation of Section 5-16 of the Boat
16Registration and Safety Act if that person has previously
17received a disposition of court supervision for a violation of
18that Section.
19    (13) A person convicted of or placed on court supervision
20for an assault or aggravated assault when the victim and the
21offender are family or household members as defined in Section
22103 of the Illinois Domestic Violence Act of 1986 or convicted
23of domestic battery or aggravated domestic battery may be
24required to attend a Partner Abuse Intervention Program under
25protocols set forth by the Illinois Department of Human
26Services under such terms and conditions imposed by the court.

 

 

HB2605- 345 -LRB103 26047 RLC 52402 b

1The costs of such classes shall be paid by the offender.
2    (d) In any case in which a sentence originally imposed is
3vacated, the case shall be remanded to the trial court. The
4trial court shall hold a hearing under Section 5-4-1 of this
5Code which may include evidence of the defendant's life, moral
6character and occupation during the time since the original
7sentence was passed. The trial court shall then impose
8sentence upon the defendant. The trial court may impose any
9sentence which could have been imposed at the original trial
10subject to Section 5-5-4 of this Code. If a sentence is vacated
11on appeal or on collateral attack due to the failure of the
12trier of fact at trial to determine beyond a reasonable doubt
13the existence of a fact (other than a prior conviction)
14necessary to increase the punishment for the offense beyond
15the statutory maximum otherwise applicable, either the
16defendant may be re-sentenced to a term within the range
17otherwise provided or, if the State files notice of its
18intention to again seek the extended sentence, the defendant
19shall be afforded a new trial.
20    (e) In cases where prosecution for aggravated criminal
21sexual abuse under Section 11-1.60 or 12-16 of the Criminal
22Code of 1961 or the Criminal Code of 2012 results in conviction
23of a defendant who was a family member of the victim at the
24time of the commission of the offense, the court shall
25consider the safety and welfare of the victim and may impose a
26sentence of probation only where:

 

 

HB2605- 346 -LRB103 26047 RLC 52402 b

1        (1) the court finds (A) or (B) or both are
2    appropriate:
3            (A) the defendant is willing to undergo a court
4        approved counseling program for a minimum duration of
5        2 years; or
6            (B) the defendant is willing to participate in a
7        court approved plan, including, but not limited to,
8        the defendant's:
9                (i) removal from the household;
10                (ii) restricted contact with the victim;
11                (iii) continued financial support of the
12            family;
13                (iv) restitution for harm done to the victim;
14            and
15                (v) compliance with any other measures that
16            the court may deem appropriate; and
17        (2) the court orders the defendant to pay for the
18    victim's counseling services, to the extent that the court
19    finds, after considering the defendant's income and
20    assets, that the defendant is financially capable of
21    paying for such services, if the victim was under 18 years
22    of age at the time the offense was committed and requires
23    counseling as a result of the offense.
24    Probation may be revoked or modified pursuant to Section
255-6-4; except where the court determines at the hearing that
26the defendant violated a condition of his or her probation

 

 

HB2605- 347 -LRB103 26047 RLC 52402 b

1restricting contact with the victim or other family members or
2commits another offense with the victim or other family
3members, the court shall revoke the defendant's probation and
4impose a term of imprisonment.
5    For the purposes of this Section, "family member" and
6"victim" shall have the meanings ascribed to them in Section
711-0.1 of the Criminal Code of 2012.
8    (f) (Blank).
9    (g) Whenever a defendant is convicted of an offense under
10Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,
1111-14.3, 11-14.4 except for an offense that involves keeping a
12place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
1311-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
1412-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
15Criminal Code of 2012, the defendant shall undergo medical
16testing to determine whether the defendant has any sexually
17transmissible disease, including a test for infection with
18human immunodeficiency virus (HIV) or any other identified
19causative agent of acquired immunodeficiency syndrome (AIDS).
20Any such medical test shall be performed only by appropriately
21licensed medical practitioners and may include an analysis of
22any bodily fluids as well as an examination of the defendant's
23person. Except as otherwise provided by law, the results of
24such test shall be kept strictly confidential by all medical
25personnel involved in the testing and must be personally
26delivered in a sealed envelope to the judge of the court in

 

 

HB2605- 348 -LRB103 26047 RLC 52402 b

1which the conviction was entered for the judge's inspection in
2camera. Acting in accordance with the best interests of the
3victim and the public, the judge shall have the discretion to
4determine to whom, if anyone, the results of the testing may be
5revealed. The court shall notify the defendant of the test
6results. The court shall also notify the victim if requested
7by the victim, and if the victim is under the age of 15 and if
8requested by the victim's parents or legal guardian, the court
9shall notify the victim's parents or legal guardian of the
10test results. The court shall provide information on the
11availability of HIV testing and counseling at Department of
12Public Health facilities to all parties to whom the results of
13the testing are revealed and shall direct the State's Attorney
14to provide the information to the victim when possible. The
15court shall order that the cost of any such test shall be paid
16by the county and may be taxed as costs against the convicted
17defendant.
18    (g-5) When an inmate is tested for an airborne
19communicable disease, as determined by the Illinois Department
20of Public Health, including, but not limited to, tuberculosis,
21the results of the test shall be personally delivered by the
22warden or his or her designee in a sealed envelope to the judge
23of the court in which the inmate must appear for the judge's
24inspection in camera if requested by the judge. Acting in
25accordance with the best interests of those in the courtroom,
26the judge shall have the discretion to determine what if any

 

 

HB2605- 349 -LRB103 26047 RLC 52402 b

1precautions need to be taken to prevent transmission of the
2disease in the courtroom.
3    (h) Whenever a defendant is convicted of an offense under
4Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
5defendant shall undergo medical testing to determine whether
6the defendant has been exposed to human immunodeficiency virus
7(HIV) or any other identified causative agent of acquired
8immunodeficiency syndrome (AIDS). Except as otherwise provided
9by law, the results of such test shall be kept strictly
10confidential by all medical personnel involved in the testing
11and must be personally delivered in a sealed envelope to the
12judge of the court in which the conviction was entered for the
13judge's inspection in camera. Acting in accordance with the
14best interests of the public, the judge shall have the
15discretion to determine to whom, if anyone, the results of the
16testing may be revealed. The court shall notify the defendant
17of a positive test showing an infection with the human
18immunodeficiency virus (HIV). The court shall provide
19information on the availability of HIV testing and counseling
20at Department of Public Health facilities to all parties to
21whom the results of the testing are revealed and shall direct
22the State's Attorney to provide the information to the victim
23when possible. The court shall order that the cost of any such
24test shall be paid by the county and may be taxed as costs
25against the convicted defendant.
26    (i) All fines and penalties imposed under this Section for

 

 

HB2605- 350 -LRB103 26047 RLC 52402 b

1any violation of Chapters 3, 4, 6, and 11 of the Illinois
2Vehicle Code, or a similar provision of a local ordinance, and
3any violation of the Child Passenger Protection Act, or a
4similar provision of a local ordinance, shall be collected and
5disbursed by the circuit clerk as provided under the Criminal
6and Traffic Assessment Act.
7    (j) In cases when prosecution for any violation of Section
811-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
911-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1011-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1111-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1212-15, or 12-16 of the Criminal Code of 1961 or the Criminal
13Code of 2012, any violation of the Illinois Controlled
14Substances Act, any violation of the Cannabis Control Act, or
15any violation of the Methamphetamine Control and Community
16Protection Act results in conviction, a disposition of court
17supervision, or an order of probation granted under Section 10
18of the Cannabis Control Act, Section 410 of the Illinois
19Controlled Substances Act, or Section 70 of the
20Methamphetamine Control and Community Protection Act of a
21defendant, the court shall determine whether the defendant is
22employed by a facility or center as defined under the Child
23Care Act of 1969, a public or private elementary or secondary
24school, or otherwise works with children under 18 years of age
25on a daily basis. When a defendant is so employed, the court
26shall order the Clerk of the Court to send a copy of the

 

 

HB2605- 351 -LRB103 26047 RLC 52402 b

1judgment of conviction or order of supervision or probation to
2the defendant's employer by certified mail. If the employer of
3the defendant is a school, the Clerk of the Court shall direct
4the mailing of a copy of the judgment of conviction or order of
5supervision or probation to the appropriate regional
6superintendent of schools. The regional superintendent of
7schools shall notify the State Board of Education of any
8notification under this subsection.
9    (j-5) A defendant at least 17 years of age who is convicted
10of a felony and who has not been previously convicted of a
11misdemeanor or felony and who is sentenced to a term of
12imprisonment in the Illinois Department of Corrections shall
13as a condition of his or her sentence be required by the court
14to attend educational courses designed to prepare the
15defendant for a high school diploma and to work toward a high
16school diploma or to work toward passing high school
17equivalency testing or to work toward completing a vocational
18training program offered by the Department of Corrections. If
19a defendant fails to complete the educational training
20required by his or her sentence during the term of
21incarceration, the Prisoner Review Board shall, as a condition
22of mandatory supervised release, require the defendant, at his
23or her own expense, to pursue a course of study toward a high
24school diploma or passage of high school equivalency testing.
25The Prisoner Review Board shall revoke the mandatory
26supervised release of a defendant who wilfully fails to comply

 

 

HB2605- 352 -LRB103 26047 RLC 52402 b

1with this subsection (j-5) upon his or her release from
2confinement in a penal institution while serving a mandatory
3supervised release term; however, the inability of the
4defendant after making a good faith effort to obtain financial
5aid or pay for the educational training shall not be deemed a
6wilful failure to comply. The Prisoner Review Board shall
7recommit the defendant whose mandatory supervised release term
8has been revoked under this subsection (j-5) as provided in
9Section 3-3-9. This subsection (j-5) does not apply to a
10defendant who has a high school diploma or has successfully
11passed high school equivalency testing. This subsection (j-5)
12does not apply to a defendant who is determined by the court to
13be a person with a developmental disability or otherwise
14mentally incapable of completing the educational or vocational
15program.
16    (k) (Blank).
17    (l) (A) Except as provided in paragraph (C) of subsection
18(l), whenever a defendant, who is not a citizen or national of
19the United States, is convicted of any felony or misdemeanor
20offense, the court after sentencing the defendant may, upon
21motion of the State's Attorney, hold sentence in abeyance and
22remand the defendant to the custody of the Attorney General of
23the United States or his or her designated agent to be deported
24when:
25        (1) a final order of deportation has been issued
26    against the defendant pursuant to proceedings under the

 

 

HB2605- 353 -LRB103 26047 RLC 52402 b

1    Immigration and Nationality Act, and
2        (2) the deportation of the defendant would not
3    deprecate the seriousness of the defendant's conduct and
4    would not be inconsistent with the ends of justice.
5    Otherwise, the defendant shall be sentenced as provided in
6this Chapter V.
7    (B) If the defendant has already been sentenced for a
8felony or misdemeanor offense, or has been placed on probation
9under Section 10 of the Cannabis Control Act, Section 410 of
10the Illinois Controlled Substances Act, or Section 70 of the
11Methamphetamine Control and Community Protection Act, the
12court may, upon motion of the State's Attorney to suspend the
13sentence imposed, commit the defendant to the custody of the
14Attorney General of the United States or his or her designated
15agent when:
16        (1) a final order of deportation has been issued
17    against the defendant pursuant to proceedings under the
18    Immigration and Nationality Act, and
19        (2) the deportation of the defendant would not
20    deprecate the seriousness of the defendant's conduct and
21    would not be inconsistent with the ends of justice.
22    (C) This subsection (l) does not apply to offenders who
23are subject to the provisions of paragraph (2) of subsection
24(a) of Section 3-6-3.
25    (D) Upon motion of the State's Attorney, if a defendant
26sentenced under this Section returns to the jurisdiction of

 

 

HB2605- 354 -LRB103 26047 RLC 52402 b

1the United States, the defendant shall be recommitted to the
2custody of the county from which he or she was sentenced.
3Thereafter, the defendant shall be brought before the
4sentencing court, which may impose any sentence that was
5available under Section 5-5-3 at the time of initial
6sentencing. In addition, the defendant shall not be eligible
7for additional earned sentence credit as provided under
8Section 3-6-3.
9    (m) A person convicted of criminal defacement of property
10under Section 21-1.3 of the Criminal Code of 1961 or the
11Criminal Code of 2012, in which the property damage exceeds
12$300 and the property damaged is a school building, shall be
13ordered to perform community service that may include cleanup,
14removal, or painting over the defacement.
15    (n) The court may sentence a person convicted of a
16violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
17subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
18of 1961 or the Criminal Code of 2012 (i) to an impact
19incarceration program if the person is otherwise eligible for
20that program under Section 5-8-1.1, (ii) to community service,
21or (iii) if the person has a substance use disorder, as defined
22in the Substance Use Disorder Act, to a treatment program
23licensed under that Act.
24    (o) Whenever a person is convicted of a sex offense as
25defined in Section 2 of the Sex Offender Registration Act, the
26defendant's driver's license or permit shall be subject to

 

 

HB2605- 355 -LRB103 26047 RLC 52402 b

1renewal on an annual basis in accordance with the provisions
2of license renewal established by the Secretary of State.
3(Source: P.A. 101-81, eff. 7-12-19; 102-168, eff. 7-27-21;
4102-531, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
55-27-22.)
 
6    (730 ILCS 5/5-5-3.2)
7    (Text of Section before amendment by P.A. 102-982)
8    Sec. 5-5-3.2. Factors in aggravation and extended-term
9sentencing.
10    (a) The following factors shall be accorded weight in
11favor of imposing a term of imprisonment or may be considered
12by the court as reasons to impose a more severe sentence under
13Section 5-8-1 or Article 4.5 of Chapter V:
14        (1) the defendant's conduct caused or threatened
15    serious harm;
16        (2) the defendant received compensation for committing
17    the offense;
18        (3) the defendant has a history of prior delinquency
19    or criminal activity;
20        (4) the defendant, by the duties of his office or by
21    his position, was obliged to prevent the particular
22    offense committed or to bring the offenders committing it
23    to justice;
24        (5) the defendant held public office at the time of
25    the offense, and the offense related to the conduct of

 

 

HB2605- 356 -LRB103 26047 RLC 52402 b

1    that office;
2        (6) the defendant utilized his professional reputation
3    or position in the community to commit the offense, or to
4    afford him an easier means of committing it;
5        (7) the sentence is necessary to deter others from
6    committing the same crime;
7        (8) the defendant committed the offense against a
8    person 60 years of age or older or such person's property;
9        (9) the defendant committed the offense against a
10    person who has a physical disability or such person's
11    property;
12        (10) by reason of another individual's actual or
13    perceived race, color, creed, religion, ancestry, gender,
14    sexual orientation, physical or mental disability, or
15    national origin, the defendant committed the offense
16    against (i) the person or property of that individual;
17    (ii) the person or property of a person who has an
18    association with, is married to, or has a friendship with
19    the other individual; or (iii) the person or property of a
20    relative (by blood or marriage) of a person described in
21    clause (i) or (ii). For the purposes of this Section,
22    "sexual orientation" has the meaning ascribed to it in
23    paragraph (O-1) of Section 1-103 of the Illinois Human
24    Rights Act;
25        (11) the offense took place in a place of worship or on
26    the grounds of a place of worship, immediately prior to,

 

 

HB2605- 357 -LRB103 26047 RLC 52402 b

1    during or immediately following worship services. For
2    purposes of this subparagraph, "place of worship" shall
3    mean any church, synagogue or other building, structure or
4    place used primarily for religious worship;
5        (12) the defendant was convicted of a felony committed
6    while he was on pretrial release or his own recognizance
7    pending trial for a prior felony and was convicted of such
8    prior felony, or the defendant was convicted of a felony
9    committed while he was serving a period of probation,
10    conditional discharge, or mandatory supervised release
11    under subsection (d) of Section 5-8-1 for a prior felony;
12        (13) the defendant committed or attempted to commit a
13    felony while he was wearing a bulletproof vest. For the
14    purposes of this paragraph (13), a bulletproof vest is any
15    device which is designed for the purpose of protecting the
16    wearer from bullets, shot or other lethal projectiles;
17        (14) the defendant held a position of trust or
18    supervision such as, but not limited to, family member as
19    defined in Section 11-0.1 of the Criminal Code of 2012,
20    teacher, scout leader, baby sitter, or day care worker, in
21    relation to a victim under 18 years of age, and the
22    defendant committed an offense in violation of Section
23    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
24    11-14.4 except for an offense that involves keeping a
25    place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
26    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15

 

 

HB2605- 358 -LRB103 26047 RLC 52402 b

1    or 12-16 of the Criminal Code of 1961 or the Criminal Code
2    of 2012 against that victim;
3        (15) the defendant committed an offense related to the
4    activities of an organized gang. For the purposes of this
5    factor, "organized gang" has the meaning ascribed to it in
6    Section 10 of the Streetgang Terrorism Omnibus Prevention
7    Act;
8        (16) the defendant committed an offense in violation
9    of one of the following Sections while in a school,
10    regardless of the time of day or time of year; on any
11    conveyance owned, leased, or contracted by a school to
12    transport students to or from school or a school related
13    activity; on the real property of a school; or on a public
14    way within 1,000 feet of the real property comprising any
15    school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
16    11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
17    11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
18    12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
19    12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
20    for subdivision (a)(4) or (g)(1), of the Criminal Code of
21    1961 or the Criminal Code of 2012;
22        (16.5) the defendant committed an offense in violation
23    of one of the following Sections while in a day care
24    center, regardless of the time of day or time of year; on
25    the real property of a day care center, regardless of the
26    time of day or time of year; or on a public way within

 

 

HB2605- 359 -LRB103 26047 RLC 52402 b

1    1,000 feet of the real property comprising any day care
2    center, regardless of the time of day or time of year:
3    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
4    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
5    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
6    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
7    18-2, or 33A-2, or Section 12-3.05 except for subdivision
8    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
9    Criminal Code of 2012;
10        (17) the defendant committed the offense by reason of
11    any person's activity as a community policing volunteer or
12    to prevent any person from engaging in activity as a
13    community policing volunteer. For the purpose of this
14    Section, "community policing volunteer" has the meaning
15    ascribed to it in Section 2-3.5 of the Criminal Code of
16    2012;
17        (18) the defendant committed the offense in a nursing
18    home or on the real property comprising a nursing home.
19    For the purposes of this paragraph (18), "nursing home"
20    means a skilled nursing or intermediate long term care
21    facility that is subject to license by the Illinois
22    Department of Public Health under the Nursing Home Care
23    Act, the Specialized Mental Health Rehabilitation Act of
24    2013, the ID/DD Community Care Act, or the MC/DD Act;
25        (19) the defendant was a federally licensed firearm
26    dealer and was previously convicted of a violation of

 

 

HB2605- 360 -LRB103 26047 RLC 52402 b

1    subsection (a) of Section 3 of the Firearm Owners
2    Identification Card Act before its repeal by this
3    amendatory Act of the 103rd General Assembly and has now
4    committed either a felony violation of the Firearm Owners
5    Identification Card Act or an act of armed violence while
6    armed with a firearm;
7        (20) the defendant (i) committed the offense of
8    reckless homicide under Section 9-3 of the Criminal Code
9    of 1961 or the Criminal Code of 2012 or the offense of
10    driving under the influence of alcohol, other drug or
11    drugs, intoxicating compound or compounds or any
12    combination thereof under Section 11-501 of the Illinois
13    Vehicle Code or a similar provision of a local ordinance
14    and (ii) was operating a motor vehicle in excess of 20
15    miles per hour over the posted speed limit as provided in
16    Article VI of Chapter 11 of the Illinois Vehicle Code;
17        (21) the defendant (i) committed the offense of
18    reckless driving or aggravated reckless driving under
19    Section 11-503 of the Illinois Vehicle Code and (ii) was
20    operating a motor vehicle in excess of 20 miles per hour
21    over the posted speed limit as provided in Article VI of
22    Chapter 11 of the Illinois Vehicle Code;
23        (22) the defendant committed the offense against a
24    person that the defendant knew, or reasonably should have
25    known, was a member of the Armed Forces of the United
26    States serving on active duty. For purposes of this clause

 

 

HB2605- 361 -LRB103 26047 RLC 52402 b

1    (22), the term "Armed Forces" means any of the Armed
2    Forces of the United States, including a member of any
3    reserve component thereof or National Guard unit called to
4    active duty;
5        (23) the defendant committed the offense against a
6    person who was elderly or infirm or who was a person with a
7    disability by taking advantage of a family or fiduciary
8    relationship with the elderly or infirm person or person
9    with a disability;
10        (24) the defendant committed any offense under Section
11    11-20.1 of the Criminal Code of 1961 or the Criminal Code
12    of 2012 and possessed 100 or more images;
13        (25) the defendant committed the offense while the
14    defendant or the victim was in a train, bus, or other
15    vehicle used for public transportation;
16        (26) the defendant committed the offense of child
17    pornography or aggravated child pornography, specifically
18    including paragraph (1), (2), (3), (4), (5), or (7) of
19    subsection (a) of Section 11-20.1 of the Criminal Code of
20    1961 or the Criminal Code of 2012 where a child engaged in,
21    solicited for, depicted in, or posed in any act of sexual
22    penetration or bound, fettered, or subject to sadistic,
23    masochistic, or sadomasochistic abuse in a sexual context
24    and specifically including paragraph (1), (2), (3), (4),
25    (5), or (7) of subsection (a) of Section 11-20.1B or
26    Section 11-20.3 of the Criminal Code of 1961 where a child

 

 

HB2605- 362 -LRB103 26047 RLC 52402 b

1    engaged in, solicited for, depicted in, or posed in any
2    act of sexual penetration or bound, fettered, or subject
3    to sadistic, masochistic, or sadomasochistic abuse in a
4    sexual context;
5        (27) the defendant committed the offense of first
6    degree murder, assault, aggravated assault, battery,
7    aggravated battery, robbery, armed robbery, or aggravated
8    robbery against a person who was a veteran and the
9    defendant knew, or reasonably should have known, that the
10    person was a veteran performing duties as a representative
11    of a veterans' organization. For the purposes of this
12    paragraph (27), "veteran" means an Illinois resident who
13    has served as a member of the United States Armed Forces, a
14    member of the Illinois National Guard, or a member of the
15    United States Reserve Forces; and "veterans' organization"
16    means an organization comprised of members of which
17    substantially all are individuals who are veterans or
18    spouses, widows, or widowers of veterans, the primary
19    purpose of which is to promote the welfare of its members
20    and to provide assistance to the general public in such a
21    way as to confer a public benefit;
22        (28) the defendant committed the offense of assault,
23    aggravated assault, battery, aggravated battery, robbery,
24    armed robbery, or aggravated robbery against a person that
25    the defendant knew or reasonably should have known was a
26    letter carrier or postal worker while that person was

 

 

HB2605- 363 -LRB103 26047 RLC 52402 b

1    performing his or her duties delivering mail for the
2    United States Postal Service;
3        (29) the defendant committed the offense of criminal
4    sexual assault, aggravated criminal sexual assault,
5    criminal sexual abuse, or aggravated criminal sexual abuse
6    against a victim with an intellectual disability, and the
7    defendant holds a position of trust, authority, or
8    supervision in relation to the victim;
9        (30) the defendant committed the offense of promoting
10    juvenile prostitution, patronizing a prostitute, or
11    patronizing a minor engaged in prostitution and at the
12    time of the commission of the offense knew that the
13    prostitute or minor engaged in prostitution was in the
14    custody or guardianship of the Department of Children and
15    Family Services;
16        (31) the defendant (i) committed the offense of
17    driving while under the influence of alcohol, other drug
18    or drugs, intoxicating compound or compounds or any
19    combination thereof in violation of Section 11-501 of the
20    Illinois Vehicle Code or a similar provision of a local
21    ordinance and (ii) the defendant during the commission of
22    the offense was driving his or her vehicle upon a roadway
23    designated for one-way traffic in the opposite direction
24    of the direction indicated by official traffic control
25    devices;
26        (32) the defendant committed the offense of reckless

 

 

HB2605- 364 -LRB103 26047 RLC 52402 b

1    homicide while committing a violation of Section 11-907 of
2    the Illinois Vehicle Code;
3        (33) the defendant was found guilty of an
4    administrative infraction related to an act or acts of
5    public indecency or sexual misconduct in the penal
6    institution. In this paragraph (33), "penal institution"
7    has the same meaning as in Section 2-14 of the Criminal
8    Code of 2012; or
9        (34) the defendant committed the offense of leaving
10    the scene of an accident in violation of subsection (b) of
11    Section 11-401 of the Illinois Vehicle Code and the
12    accident resulted in the death of a person and at the time
13    of the offense, the defendant was: (i) driving under the
14    influence of alcohol, other drug or drugs, intoxicating
15    compound or compounds or any combination thereof as
16    defined by Section 11-501 of the Illinois Vehicle Code; or
17    (ii) operating the motor vehicle while using an electronic
18    communication device as defined in Section 12-610.2 of the
19    Illinois Vehicle Code.
20    For the purposes of this Section:
21    "School" is defined as a public or private elementary or
22secondary school, community college, college, or university.
23    "Day care center" means a public or private State
24certified and licensed day care center as defined in Section
252.09 of the Child Care Act of 1969 that displays a sign in
26plain view stating that the property is a day care center.

 

 

HB2605- 365 -LRB103 26047 RLC 52402 b

1    "Intellectual disability" means significantly subaverage
2intellectual functioning which exists concurrently with
3impairment in adaptive behavior.
4    "Public transportation" means the transportation or
5conveyance of persons by means available to the general
6public, and includes paratransit services.
7    "Traffic control devices" means all signs, signals,
8markings, and devices that conform to the Illinois Manual on
9Uniform Traffic Control Devices, placed or erected by
10authority of a public body or official having jurisdiction,
11for the purpose of regulating, warning, or guiding traffic.
12    (b) The following factors, related to all felonies, may be
13considered by the court as reasons to impose an extended term
14sentence under Section 5-8-2 upon any offender:
15        (1) When a defendant is convicted of any felony, after
16    having been previously convicted in Illinois or any other
17    jurisdiction of the same or similar class felony or
18    greater class felony, when such conviction has occurred
19    within 10 years after the previous conviction, excluding
20    time spent in custody, and such charges are separately
21    brought and tried and arise out of different series of
22    acts; or
23        (2) When a defendant is convicted of any felony and
24    the court finds that the offense was accompanied by
25    exceptionally brutal or heinous behavior indicative of
26    wanton cruelty; or

 

 

HB2605- 366 -LRB103 26047 RLC 52402 b

1        (3) When a defendant is convicted of any felony
2    committed against:
3            (i) a person under 12 years of age at the time of
4        the offense or such person's property;
5            (ii) a person 60 years of age or older at the time
6        of the offense or such person's property; or
7            (iii) a person who had a physical disability at
8        the time of the offense or such person's property; or
9        (4) When a defendant is convicted of any felony and
10    the offense involved any of the following types of
11    specific misconduct committed as part of a ceremony, rite,
12    initiation, observance, performance, practice or activity
13    of any actual or ostensible religious, fraternal, or
14    social group:
15            (i) the brutalizing or torturing of humans or
16        animals;
17            (ii) the theft of human corpses;
18            (iii) the kidnapping of humans;
19            (iv) the desecration of any cemetery, religious,
20        fraternal, business, governmental, educational, or
21        other building or property; or
22            (v) ritualized abuse of a child; or
23        (5) When a defendant is convicted of a felony other
24    than conspiracy and the court finds that the felony was
25    committed under an agreement with 2 or more other persons
26    to commit that offense and the defendant, with respect to

 

 

HB2605- 367 -LRB103 26047 RLC 52402 b

1    the other individuals, occupied a position of organizer,
2    supervisor, financier, or any other position of management
3    or leadership, and the court further finds that the felony
4    committed was related to or in furtherance of the criminal
5    activities of an organized gang or was motivated by the
6    defendant's leadership in an organized gang; or
7        (6) When a defendant is convicted of an offense
8    committed while using a firearm with a laser sight
9    attached to it. For purposes of this paragraph, "laser
10    sight" has the meaning ascribed to it in Section 26-7 of
11    the Criminal Code of 2012; or
12        (7) When a defendant who was at least 17 years of age
13    at the time of the commission of the offense is convicted
14    of a felony and has been previously adjudicated a
15    delinquent minor under the Juvenile Court Act of 1987 for
16    an act that if committed by an adult would be a Class X or
17    Class 1 felony when the conviction has occurred within 10
18    years after the previous adjudication, excluding time
19    spent in custody; or
20        (8) When a defendant commits any felony and the
21    defendant used, possessed, exercised control over, or
22    otherwise directed an animal to assault a law enforcement
23    officer engaged in the execution of his or her official
24    duties or in furtherance of the criminal activities of an
25    organized gang in which the defendant is engaged; or
26        (9) When a defendant commits any felony and the

 

 

HB2605- 368 -LRB103 26047 RLC 52402 b

1    defendant knowingly video or audio records the offense
2    with the intent to disseminate the recording.
3    (c) The following factors may be considered by the court
4as reasons to impose an extended term sentence under Section
55-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
6offenses:
7        (1) When a defendant is convicted of first degree
8    murder, after having been previously convicted in Illinois
9    of any offense listed under paragraph (c)(2) of Section
10    5-5-3 (730 ILCS 5/5-5-3), when that conviction has
11    occurred within 10 years after the previous conviction,
12    excluding time spent in custody, and the charges are
13    separately brought and tried and arise out of different
14    series of acts.
15        (1.5) When a defendant is convicted of first degree
16    murder, after having been previously convicted of domestic
17    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
18    (720 ILCS 5/12-3.3) committed on the same victim or after
19    having been previously convicted of violation of an order
20    of protection (720 ILCS 5/12-30) in which the same victim
21    was the protected person.
22        (2) When a defendant is convicted of voluntary
23    manslaughter, second degree murder, involuntary
24    manslaughter, or reckless homicide in which the defendant
25    has been convicted of causing the death of more than one
26    individual.

 

 

HB2605- 369 -LRB103 26047 RLC 52402 b

1        (3) When a defendant is convicted of aggravated
2    criminal sexual assault or criminal sexual assault, when
3    there is a finding that aggravated criminal sexual assault
4    or criminal sexual assault was also committed on the same
5    victim by one or more other individuals, and the defendant
6    voluntarily participated in the crime with the knowledge
7    of the participation of the others in the crime, and the
8    commission of the crime was part of a single course of
9    conduct during which there was no substantial change in
10    the nature of the criminal objective.
11        (4) If the victim was under 18 years of age at the time
12    of the commission of the offense, when a defendant is
13    convicted of aggravated criminal sexual assault or
14    predatory criminal sexual assault of a child under
15    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
16    of Section 12-14.1 of the Criminal Code of 1961 or the
17    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
18        (5) When a defendant is convicted of a felony
19    violation of Section 24-1 of the Criminal Code of 1961 or
20    the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
21    finding that the defendant is a member of an organized
22    gang.
23        (6) When a defendant was convicted of unlawful use of
24    weapons under Section 24-1 of the Criminal Code of 1961 or
25    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
26    a weapon that is not readily distinguishable as one of the

 

 

HB2605- 370 -LRB103 26047 RLC 52402 b

1    weapons enumerated in Section 24-1 of the Criminal Code of
2    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
3        (7) When a defendant is convicted of an offense
4    involving the illegal manufacture of a controlled
5    substance under Section 401 of the Illinois Controlled
6    Substances Act (720 ILCS 570/401), the illegal manufacture
7    of methamphetamine under Section 25 of the Methamphetamine
8    Control and Community Protection Act (720 ILCS 646/25), or
9    the illegal possession of explosives and an emergency
10    response officer in the performance of his or her duties
11    is killed or injured at the scene of the offense while
12    responding to the emergency caused by the commission of
13    the offense. In this paragraph, "emergency" means a
14    situation in which a person's life, health, or safety is
15    in jeopardy; and "emergency response officer" means a
16    peace officer, community policing volunteer, fireman,
17    emergency medical technician-ambulance, emergency medical
18    technician-intermediate, emergency medical
19    technician-paramedic, ambulance driver, other medical
20    assistance or first aid personnel, or hospital emergency
21    room personnel.
22        (8) When the defendant is convicted of attempted mob
23    action, solicitation to commit mob action, or conspiracy
24    to commit mob action under Section 8-1, 8-2, or 8-4 of the
25    Criminal Code of 2012, where the criminal object is a
26    violation of Section 25-1 of the Criminal Code of 2012,

 

 

HB2605- 371 -LRB103 26047 RLC 52402 b

1    and an electronic communication is used in the commission
2    of the offense. For the purposes of this paragraph (8),
3    "electronic communication" shall have the meaning provided
4    in Section 26.5-0.1 of the Criminal Code of 2012.
5    (d) For the purposes of this Section, "organized gang" has
6the meaning ascribed to it in Section 10 of the Illinois
7Streetgang Terrorism Omnibus Prevention Act.
8    (e) The court may impose an extended term sentence under
9Article 4.5 of Chapter V upon an offender who has been
10convicted of a felony violation of Section 11-1.20, 11-1.30,
1111-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
1212-16 of the Criminal Code of 1961 or the Criminal Code of 2012
13when the victim of the offense is under 18 years of age at the
14time of the commission of the offense and, during the
15commission of the offense, the victim was under the influence
16of alcohol, regardless of whether or not the alcohol was
17supplied by the offender; and the offender, at the time of the
18commission of the offense, knew or should have known that the
19victim had consumed alcohol.
20(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
21101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
228-20-21.)
 
23    (Text of Section after amendment by P.A. 102-982)
24    Sec. 5-5-3.2. Factors in aggravation and extended-term
25sentencing.

 

 

HB2605- 372 -LRB103 26047 RLC 52402 b

1    (a) The following factors shall be accorded weight in
2favor of imposing a term of imprisonment or may be considered
3by the court as reasons to impose a more severe sentence under
4Section 5-8-1 or Article 4.5 of Chapter V:
5        (1) the defendant's conduct caused or threatened
6    serious harm;
7        (2) the defendant received compensation for committing
8    the offense;
9        (3) the defendant has a history of prior delinquency
10    or criminal activity;
11        (4) the defendant, by the duties of his office or by
12    his position, was obliged to prevent the particular
13    offense committed or to bring the offenders committing it
14    to justice;
15        (5) the defendant held public office at the time of
16    the offense, and the offense related to the conduct of
17    that office;
18        (6) the defendant utilized his professional reputation
19    or position in the community to commit the offense, or to
20    afford him an easier means of committing it;
21        (7) the sentence is necessary to deter others from
22    committing the same crime;
23        (8) the defendant committed the offense against a
24    person 60 years of age or older or such person's property;
25        (9) the defendant committed the offense against a
26    person who has a physical disability or such person's

 

 

HB2605- 373 -LRB103 26047 RLC 52402 b

1    property;
2        (10) by reason of another individual's actual or
3    perceived race, color, creed, religion, ancestry, gender,
4    sexual orientation, physical or mental disability, or
5    national origin, the defendant committed the offense
6    against (i) the person or property of that individual;
7    (ii) the person or property of a person who has an
8    association with, is married to, or has a friendship with
9    the other individual; or (iii) the person or property of a
10    relative (by blood or marriage) of a person described in
11    clause (i) or (ii). For the purposes of this Section,
12    "sexual orientation" has the meaning ascribed to it in
13    paragraph (O-1) of Section 1-103 of the Illinois Human
14    Rights Act;
15        (11) the offense took place in a place of worship or on
16    the grounds of a place of worship, immediately prior to,
17    during or immediately following worship services. For
18    purposes of this subparagraph, "place of worship" shall
19    mean any church, synagogue or other building, structure or
20    place used primarily for religious worship;
21        (12) the defendant was convicted of a felony committed
22    while he was on pretrial release or his own recognizance
23    pending trial for a prior felony and was convicted of such
24    prior felony, or the defendant was convicted of a felony
25    committed while he was serving a period of probation,
26    conditional discharge, or mandatory supervised release

 

 

HB2605- 374 -LRB103 26047 RLC 52402 b

1    under subsection (d) of Section 5-8-1 for a prior felony;
2        (13) the defendant committed or attempted to commit a
3    felony while he was wearing a bulletproof vest. For the
4    purposes of this paragraph (13), a bulletproof vest is any
5    device which is designed for the purpose of protecting the
6    wearer from bullets, shot or other lethal projectiles;
7        (14) the defendant held a position of trust or
8    supervision such as, but not limited to, family member as
9    defined in Section 11-0.1 of the Criminal Code of 2012,
10    teacher, scout leader, baby sitter, or day care worker, in
11    relation to a victim under 18 years of age, and the
12    defendant committed an offense in violation of Section
13    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
14    11-14.4 except for an offense that involves keeping a
15    place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
16    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
17    or 12-16 of the Criminal Code of 1961 or the Criminal Code
18    of 2012 against that victim;
19        (15) the defendant committed an offense related to the
20    activities of an organized gang. For the purposes of this
21    factor, "organized gang" has the meaning ascribed to it in
22    Section 10 of the Streetgang Terrorism Omnibus Prevention
23    Act;
24        (16) the defendant committed an offense in violation
25    of one of the following Sections while in a school,
26    regardless of the time of day or time of year; on any

 

 

HB2605- 375 -LRB103 26047 RLC 52402 b

1    conveyance owned, leased, or contracted by a school to
2    transport students to or from school or a school related
3    activity; on the real property of a school; or on a public
4    way within 1,000 feet of the real property comprising any
5    school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
6    11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
7    11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
8    12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
9    12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
10    for subdivision (a)(4) or (g)(1), of the Criminal Code of
11    1961 or the Criminal Code of 2012;
12        (16.5) the defendant committed an offense in violation
13    of one of the following Sections while in a day care
14    center, regardless of the time of day or time of year; on
15    the real property of a day care center, regardless of the
16    time of day or time of year; or on a public way within
17    1,000 feet of the real property comprising any day care
18    center, regardless of the time of day or time of year:
19    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
20    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
21    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
22    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
23    18-2, or 33A-2, or Section 12-3.05 except for subdivision
24    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
25    Criminal Code of 2012;
26        (17) the defendant committed the offense by reason of

 

 

HB2605- 376 -LRB103 26047 RLC 52402 b

1    any person's activity as a community policing volunteer or
2    to prevent any person from engaging in activity as a
3    community policing volunteer. For the purpose of this
4    Section, "community policing volunteer" has the meaning
5    ascribed to it in Section 2-3.5 of the Criminal Code of
6    2012;
7        (18) the defendant committed the offense in a nursing
8    home or on the real property comprising a nursing home.
9    For the purposes of this paragraph (18), "nursing home"
10    means a skilled nursing or intermediate long term care
11    facility that is subject to license by the Illinois
12    Department of Public Health under the Nursing Home Care
13    Act, the Specialized Mental Health Rehabilitation Act of
14    2013, the ID/DD Community Care Act, or the MC/DD Act;
15        (19) the defendant was a federally licensed firearm
16    dealer and was previously convicted of a violation of
17    subsection (a) of Section 3 of the Firearm Owners
18    Identification Card Act before its repeal by this
19    amendatory Act of the 103rd General Assembly and has now
20    committed either a felony violation of the Firearm Owners
21    Identification Card Act or an act of armed violence while
22    armed with a firearm;
23        (20) the defendant (i) committed the offense of
24    reckless homicide under Section 9-3 of the Criminal Code
25    of 1961 or the Criminal Code of 2012 or the offense of
26    driving under the influence of alcohol, other drug or

 

 

HB2605- 377 -LRB103 26047 RLC 52402 b

1    drugs, intoxicating compound or compounds or any
2    combination thereof under Section 11-501 of the Illinois
3    Vehicle Code or a similar provision of a local ordinance
4    and (ii) was operating a motor vehicle in excess of 20
5    miles per hour over the posted speed limit as provided in
6    Article VI of Chapter 11 of the Illinois Vehicle Code;
7        (21) the defendant (i) committed the offense of
8    reckless driving or aggravated reckless driving under
9    Section 11-503 of the Illinois Vehicle Code and (ii) was
10    operating a motor vehicle in excess of 20 miles per hour
11    over the posted speed limit as provided in Article VI of
12    Chapter 11 of the Illinois Vehicle Code;
13        (22) the defendant committed the offense against a
14    person that the defendant knew, or reasonably should have
15    known, was a member of the Armed Forces of the United
16    States serving on active duty. For purposes of this clause
17    (22), the term "Armed Forces" means any of the Armed
18    Forces of the United States, including a member of any
19    reserve component thereof or National Guard unit called to
20    active duty;
21        (23) the defendant committed the offense against a
22    person who was elderly or infirm or who was a person with a
23    disability by taking advantage of a family or fiduciary
24    relationship with the elderly or infirm person or person
25    with a disability;
26        (24) the defendant committed any offense under Section

 

 

HB2605- 378 -LRB103 26047 RLC 52402 b

1    11-20.1 of the Criminal Code of 1961 or the Criminal Code
2    of 2012 and possessed 100 or more images;
3        (25) the defendant committed the offense while the
4    defendant or the victim was in a train, bus, or other
5    vehicle used for public transportation;
6        (26) the defendant committed the offense of child
7    pornography or aggravated child pornography, specifically
8    including paragraph (1), (2), (3), (4), (5), or (7) of
9    subsection (a) of Section 11-20.1 of the Criminal Code of
10    1961 or the Criminal Code of 2012 where a child engaged in,
11    solicited for, depicted in, or posed in any act of sexual
12    penetration or bound, fettered, or subject to sadistic,
13    masochistic, or sadomasochistic abuse in a sexual context
14    and specifically including paragraph (1), (2), (3), (4),
15    (5), or (7) of subsection (a) of Section 11-20.1B or
16    Section 11-20.3 of the Criminal Code of 1961 where a child
17    engaged in, solicited for, depicted in, or posed in any
18    act of sexual penetration or bound, fettered, or subject
19    to sadistic, masochistic, or sadomasochistic abuse in a
20    sexual context;
21        (27) the defendant committed the offense of first
22    degree murder, assault, aggravated assault, battery,
23    aggravated battery, robbery, armed robbery, or aggravated
24    robbery against a person who was a veteran and the
25    defendant knew, or reasonably should have known, that the
26    person was a veteran performing duties as a representative

 

 

HB2605- 379 -LRB103 26047 RLC 52402 b

1    of a veterans' organization. For the purposes of this
2    paragraph (27), "veteran" means an Illinois resident who
3    has served as a member of the United States Armed Forces, a
4    member of the Illinois National Guard, or a member of the
5    United States Reserve Forces; and "veterans' organization"
6    means an organization comprised of members of which
7    substantially all are individuals who are veterans or
8    spouses, widows, or widowers of veterans, the primary
9    purpose of which is to promote the welfare of its members
10    and to provide assistance to the general public in such a
11    way as to confer a public benefit;
12        (28) the defendant committed the offense of assault,
13    aggravated assault, battery, aggravated battery, robbery,
14    armed robbery, or aggravated robbery against a person that
15    the defendant knew or reasonably should have known was a
16    letter carrier or postal worker while that person was
17    performing his or her duties delivering mail for the
18    United States Postal Service;
19        (29) the defendant committed the offense of criminal
20    sexual assault, aggravated criminal sexual assault,
21    criminal sexual abuse, or aggravated criminal sexual abuse
22    against a victim with an intellectual disability, and the
23    defendant holds a position of trust, authority, or
24    supervision in relation to the victim;
25        (30) the defendant committed the offense of promoting
26    juvenile prostitution, patronizing a prostitute, or

 

 

HB2605- 380 -LRB103 26047 RLC 52402 b

1    patronizing a minor engaged in prostitution and at the
2    time of the commission of the offense knew that the
3    prostitute or minor engaged in prostitution was in the
4    custody or guardianship of the Department of Children and
5    Family Services;
6        (31) the defendant (i) committed the offense of
7    driving while under the influence of alcohol, other drug
8    or drugs, intoxicating compound or compounds or any
9    combination thereof in violation of Section 11-501 of the
10    Illinois Vehicle Code or a similar provision of a local
11    ordinance and (ii) the defendant during the commission of
12    the offense was driving his or her vehicle upon a roadway
13    designated for one-way traffic in the opposite direction
14    of the direction indicated by official traffic control
15    devices;
16        (32) the defendant committed the offense of reckless
17    homicide while committing a violation of Section 11-907 of
18    the Illinois Vehicle Code;
19        (33) the defendant was found guilty of an
20    administrative infraction related to an act or acts of
21    public indecency or sexual misconduct in the penal
22    institution. In this paragraph (33), "penal institution"
23    has the same meaning as in Section 2-14 of the Criminal
24    Code of 2012; or
25        (34) the defendant committed the offense of leaving
26    the scene of a crash in violation of subsection (b) of

 

 

HB2605- 381 -LRB103 26047 RLC 52402 b

1    Section 11-401 of the Illinois Vehicle Code and the crash
2    resulted in the death of a person and at the time of the
3    offense, the defendant was: (i) driving under the
4    influence of alcohol, other drug or drugs, intoxicating
5    compound or compounds or any combination thereof as
6    defined by Section 11-501 of the Illinois Vehicle Code; or
7    (ii) operating the motor vehicle while using an electronic
8    communication device as defined in Section 12-610.2 of the
9    Illinois Vehicle Code.
10    For the purposes of this Section:
11    "School" is defined as a public or private elementary or
12secondary school, community college, college, or university.
13    "Day care center" means a public or private State
14certified and licensed day care center as defined in Section
152.09 of the Child Care Act of 1969 that displays a sign in
16plain view stating that the property is a day care center.
17    "Intellectual disability" means significantly subaverage
18intellectual functioning which exists concurrently with
19impairment in adaptive behavior.
20    "Public transportation" means the transportation or
21conveyance of persons by means available to the general
22public, and includes paratransit services.
23    "Traffic control devices" means all signs, signals,
24markings, and devices that conform to the Illinois Manual on
25Uniform Traffic Control Devices, placed or erected by
26authority of a public body or official having jurisdiction,

 

 

HB2605- 382 -LRB103 26047 RLC 52402 b

1for the purpose of regulating, warning, or guiding traffic.
2    (b) The following factors, related to all felonies, may be
3considered by the court as reasons to impose an extended term
4sentence under Section 5-8-2 upon any offender:
5        (1) When a defendant is convicted of any felony, after
6    having been previously convicted in Illinois or any other
7    jurisdiction of the same or similar class felony or
8    greater class felony, when such conviction has occurred
9    within 10 years after the previous conviction, excluding
10    time spent in custody, and such charges are separately
11    brought and tried and arise out of different series of
12    acts; or
13        (2) When a defendant is convicted of any felony and
14    the court finds that the offense was accompanied by
15    exceptionally brutal or heinous behavior indicative of
16    wanton cruelty; or
17        (3) When a defendant is convicted of any felony
18    committed against:
19            (i) a person under 12 years of age at the time of
20        the offense or such person's property;
21            (ii) a person 60 years of age or older at the time
22        of the offense or such person's property; or
23            (iii) a person who had a physical disability at
24        the time of the offense or such person's property; or
25        (4) When a defendant is convicted of any felony and
26    the offense involved any of the following types of

 

 

HB2605- 383 -LRB103 26047 RLC 52402 b

1    specific misconduct committed as part of a ceremony, rite,
2    initiation, observance, performance, practice or activity
3    of any actual or ostensible religious, fraternal, or
4    social group:
5            (i) the brutalizing or torturing of humans or
6        animals;
7            (ii) the theft of human corpses;
8            (iii) the kidnapping of humans;
9            (iv) the desecration of any cemetery, religious,
10        fraternal, business, governmental, educational, or
11        other building or property; or
12            (v) ritualized abuse of a child; or
13        (5) When a defendant is convicted of a felony other
14    than conspiracy and the court finds that the felony was
15    committed under an agreement with 2 or more other persons
16    to commit that offense and the defendant, with respect to
17    the other individuals, occupied a position of organizer,
18    supervisor, financier, or any other position of management
19    or leadership, and the court further finds that the felony
20    committed was related to or in furtherance of the criminal
21    activities of an organized gang or was motivated by the
22    defendant's leadership in an organized gang; or
23        (6) When a defendant is convicted of an offense
24    committed while using a firearm with a laser sight
25    attached to it. For purposes of this paragraph, "laser
26    sight" has the meaning ascribed to it in Section 26-7 of

 

 

HB2605- 384 -LRB103 26047 RLC 52402 b

1    the Criminal Code of 2012; or
2        (7) When a defendant who was at least 17 years of age
3    at the time of the commission of the offense is convicted
4    of a felony and has been previously adjudicated a
5    delinquent minor under the Juvenile Court Act of 1987 for
6    an act that if committed by an adult would be a Class X or
7    Class 1 felony when the conviction has occurred within 10
8    years after the previous adjudication, excluding time
9    spent in custody; or
10        (8) When a defendant commits any felony and the
11    defendant used, possessed, exercised control over, or
12    otherwise directed an animal to assault a law enforcement
13    officer engaged in the execution of his or her official
14    duties or in furtherance of the criminal activities of an
15    organized gang in which the defendant is engaged; or
16        (9) When a defendant commits any felony and the
17    defendant knowingly video or audio records the offense
18    with the intent to disseminate the recording.
19    (c) The following factors may be considered by the court
20as reasons to impose an extended term sentence under Section
215-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
22offenses:
23        (1) When a defendant is convicted of first degree
24    murder, after having been previously convicted in Illinois
25    of any offense listed under paragraph (c)(2) of Section
26    5-5-3 (730 ILCS 5/5-5-3), when that conviction has

 

 

HB2605- 385 -LRB103 26047 RLC 52402 b

1    occurred within 10 years after the previous conviction,
2    excluding time spent in custody, and the charges are
3    separately brought and tried and arise out of different
4    series of acts.
5        (1.5) When a defendant is convicted of first degree
6    murder, after having been previously convicted of domestic
7    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
8    (720 ILCS 5/12-3.3) committed on the same victim or after
9    having been previously convicted of violation of an order
10    of protection (720 ILCS 5/12-30) in which the same victim
11    was the protected person.
12        (2) When a defendant is convicted of voluntary
13    manslaughter, second degree murder, involuntary
14    manslaughter, or reckless homicide in which the defendant
15    has been convicted of causing the death of more than one
16    individual.
17        (3) When a defendant is convicted of aggravated
18    criminal sexual assault or criminal sexual assault, when
19    there is a finding that aggravated criminal sexual assault
20    or criminal sexual assault was also committed on the same
21    victim by one or more other individuals, and the defendant
22    voluntarily participated in the crime with the knowledge
23    of the participation of the others in the crime, and the
24    commission of the crime was part of a single course of
25    conduct during which there was no substantial change in
26    the nature of the criminal objective.

 

 

HB2605- 386 -LRB103 26047 RLC 52402 b

1        (4) If the victim was under 18 years of age at the time
2    of the commission of the offense, when a defendant is
3    convicted of aggravated criminal sexual assault or
4    predatory criminal sexual assault of a child under
5    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
6    of Section 12-14.1 of the Criminal Code of 1961 or the
7    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
8        (5) When a defendant is convicted of a felony
9    violation of Section 24-1 of the Criminal Code of 1961 or
10    the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
11    finding that the defendant is a member of an organized
12    gang.
13        (6) When a defendant was convicted of unlawful use of
14    weapons under Section 24-1 of the Criminal Code of 1961 or
15    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
16    a weapon that is not readily distinguishable as one of the
17    weapons enumerated in Section 24-1 of the Criminal Code of
18    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
19        (7) When a defendant is convicted of an offense
20    involving the illegal manufacture of a controlled
21    substance under Section 401 of the Illinois Controlled
22    Substances Act (720 ILCS 570/401), the illegal manufacture
23    of methamphetamine under Section 25 of the Methamphetamine
24    Control and Community Protection Act (720 ILCS 646/25), or
25    the illegal possession of explosives and an emergency
26    response officer in the performance of his or her duties

 

 

HB2605- 387 -LRB103 26047 RLC 52402 b

1    is killed or injured at the scene of the offense while
2    responding to the emergency caused by the commission of
3    the offense. In this paragraph, "emergency" means a
4    situation in which a person's life, health, or safety is
5    in jeopardy; and "emergency response officer" means a
6    peace officer, community policing volunteer, fireman,
7    emergency medical technician-ambulance, emergency medical
8    technician-intermediate, emergency medical
9    technician-paramedic, ambulance driver, other medical
10    assistance or first aid personnel, or hospital emergency
11    room personnel.
12        (8) When the defendant is convicted of attempted mob
13    action, solicitation to commit mob action, or conspiracy
14    to commit mob action under Section 8-1, 8-2, or 8-4 of the
15    Criminal Code of 2012, where the criminal object is a
16    violation of Section 25-1 of the Criminal Code of 2012,
17    and an electronic communication is used in the commission
18    of the offense. For the purposes of this paragraph (8),
19    "electronic communication" shall have the meaning provided
20    in Section 26.5-0.1 of the Criminal Code of 2012.
21    (d) For the purposes of this Section, "organized gang" has
22the meaning ascribed to it in Section 10 of the Illinois
23Streetgang Terrorism Omnibus Prevention Act.
24    (e) The court may impose an extended term sentence under
25Article 4.5 of Chapter V upon an offender who has been
26convicted of a felony violation of Section 11-1.20, 11-1.30,

 

 

HB2605- 388 -LRB103 26047 RLC 52402 b

111-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
212-16 of the Criminal Code of 1961 or the Criminal Code of 2012
3when the victim of the offense is under 18 years of age at the
4time of the commission of the offense and, during the
5commission of the offense, the victim was under the influence
6of alcohol, regardless of whether or not the alcohol was
7supplied by the offender; and the offender, at the time of the
8commission of the offense, knew or should have known that the
9victim had consumed alcohol.
10(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
11101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
128-20-21; 102-982, eff. 7-1-23.)
 
13    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
14    Sec. 5-6-3. Conditions of probation and of conditional
15discharge.
16    (a) The conditions of probation and of conditional
17discharge shall be that the person:
18        (1) not violate any criminal statute of any
19    jurisdiction;
20        (2) report to or appear in person before such person
21    or agency as directed by the court;
22        (3) refrain from possessing a firearm or other
23    dangerous weapon where the offense is a felony or, if a
24    misdemeanor, the offense involved the intentional or
25    knowing infliction of bodily harm or threat of bodily

 

 

HB2605- 389 -LRB103 26047 RLC 52402 b

1    harm;
2        (4) not leave the State without the consent of the
3    court or, in circumstances in which the reason for the
4    absence is of such an emergency nature that prior consent
5    by the court is not possible, without the prior
6    notification and approval of the person's probation
7    officer. Transfer of a person's probation or conditional
8    discharge supervision to another state is subject to
9    acceptance by the other state pursuant to the Interstate
10    Compact for Adult Offender Supervision;
11        (5) permit the probation officer to visit him at his
12    home or elsewhere to the extent necessary to discharge his
13    duties;
14        (6) perform no less than 30 hours of community service
15    and not more than 120 hours of community service, if
16    community service is available in the jurisdiction and is
17    funded and approved by the county board where the offense
18    was committed, where the offense was related to or in
19    furtherance of the criminal activities of an organized
20    gang and was motivated by the offender's membership in or
21    allegiance to an organized gang. The community service
22    shall include, but not be limited to, the cleanup and
23    repair of any damage caused by a violation of Section
24    21-1.3 of the Criminal Code of 1961 or the Criminal Code of
25    2012 and similar damage to property located within the
26    municipality or county in which the violation occurred.

 

 

HB2605- 390 -LRB103 26047 RLC 52402 b

1    When possible and reasonable, the community service should
2    be performed in the offender's neighborhood. For purposes
3    of this Section, "organized gang" has the meaning ascribed
4    to it in Section 10 of the Illinois Streetgang Terrorism
5    Omnibus Prevention Act. The court may give credit toward
6    the fulfillment of community service hours for
7    participation in activities and treatment as determined by
8    court services;
9        (7) if he or she is at least 17 years of age and has
10    been sentenced to probation or conditional discharge for a
11    misdemeanor or felony in a county of 3,000,000 or more
12    inhabitants and has not been previously convicted of a
13    misdemeanor or felony, may be required by the sentencing
14    court to attend educational courses designed to prepare
15    the defendant for a high school diploma and to work toward
16    a high school diploma or to work toward passing high
17    school equivalency testing or to work toward completing a
18    vocational training program approved by the court. The
19    person on probation or conditional discharge must attend a
20    public institution of education to obtain the educational
21    or vocational training required by this paragraph (7). The
22    court shall revoke the probation or conditional discharge
23    of a person who willfully fails to comply with this
24    paragraph (7). The person on probation or conditional
25    discharge shall be required to pay for the cost of the
26    educational courses or high school equivalency testing if

 

 

HB2605- 391 -LRB103 26047 RLC 52402 b

1    a fee is charged for those courses or testing. The court
2    shall resentence the offender whose probation or
3    conditional discharge has been revoked as provided in
4    Section 5-6-4. This paragraph (7) does not apply to a
5    person who has a high school diploma or has successfully
6    passed high school equivalency testing. This paragraph (7)
7    does not apply to a person who is determined by the court
8    to be a person with a developmental disability or
9    otherwise mentally incapable of completing the educational
10    or vocational program;
11        (8) if convicted of possession of a substance
12    prohibited by the Cannabis Control Act, the Illinois
13    Controlled Substances Act, or the Methamphetamine Control
14    and Community Protection Act after a previous conviction
15    or disposition of supervision for possession of a
16    substance prohibited by the Cannabis Control Act or
17    Illinois Controlled Substances Act or after a sentence of
18    probation under Section 10 of the Cannabis Control Act,
19    Section 410 of the Illinois Controlled Substances Act, or
20    Section 70 of the Methamphetamine Control and Community
21    Protection Act and upon a finding by the court that the
22    person is addicted, undergo treatment at a substance abuse
23    program approved by the court;
24        (8.5) if convicted of a felony sex offense as defined
25    in the Sex Offender Management Board Act, the person shall
26    undergo and successfully complete sex offender treatment

 

 

HB2605- 392 -LRB103 26047 RLC 52402 b

1    by a treatment provider approved by the Board and
2    conducted in conformance with the standards developed
3    under the Sex Offender Management Board Act;
4        (8.6) if convicted of a sex offense as defined in the
5    Sex Offender Management Board Act, refrain from residing
6    at the same address or in the same condominium unit or
7    apartment unit or in the same condominium complex or
8    apartment complex with another person he or she knows or
9    reasonably should know is a convicted sex offender or has
10    been placed on supervision for a sex offense; the
11    provisions of this paragraph do not apply to a person
12    convicted of a sex offense who is placed in a Department of
13    Corrections licensed transitional housing facility for sex
14    offenders;
15        (8.7) if convicted for an offense committed on or
16    after June 1, 2008 (the effective date of Public Act
17    95-464) that would qualify the accused as a child sex
18    offender as defined in Section 11-9.3 or 11-9.4 of the
19    Criminal Code of 1961 or the Criminal Code of 2012,
20    refrain from communicating with or contacting, by means of
21    the Internet, a person who is not related to the accused
22    and whom the accused reasonably believes to be under 18
23    years of age; for purposes of this paragraph (8.7),
24    "Internet" has the meaning ascribed to it in Section
25    16-0.1 of the Criminal Code of 2012; and a person is not
26    related to the accused if the person is not: (i) the

 

 

HB2605- 393 -LRB103 26047 RLC 52402 b

1    spouse, brother, or sister of the accused; (ii) a
2    descendant of the accused; (iii) a first or second cousin
3    of the accused; or (iv) a step-child or adopted child of
4    the accused;
5        (8.8) if convicted for an offense under Section 11-6,
6    11-9.1, 11-14.4 that involves soliciting for a juvenile
7    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
8    of the Criminal Code of 1961 or the Criminal Code of 2012,
9    or any attempt to commit any of these offenses, committed
10    on or after June 1, 2009 (the effective date of Public Act
11    95-983):
12            (i) not access or use a computer or any other
13        device with Internet capability without the prior
14        written approval of the offender's probation officer,
15        except in connection with the offender's employment or
16        search for employment with the prior approval of the
17        offender's probation officer;
18            (ii) submit to periodic unannounced examinations
19        of the offender's computer or any other device with
20        Internet capability by the offender's probation
21        officer, a law enforcement officer, or assigned
22        computer or information technology specialist,
23        including the retrieval and copying of all data from
24        the computer or device and any internal or external
25        peripherals and removal of such information,
26        equipment, or device to conduct a more thorough

 

 

HB2605- 394 -LRB103 26047 RLC 52402 b

1        inspection;
2            (iii) submit to the installation on the offender's
3        computer or device with Internet capability, at the
4        offender's expense, of one or more hardware or
5        software systems to monitor the Internet use; and
6            (iv) submit to any other appropriate restrictions
7        concerning the offender's use of or access to a
8        computer or any other device with Internet capability
9        imposed by the offender's probation officer;
10        (8.9) if convicted of a sex offense as defined in the
11    Sex Offender Registration Act committed on or after
12    January 1, 2010 (the effective date of Public Act 96-262),
13    refrain from accessing or using a social networking
14    website as defined in Section 17-0.5 of the Criminal Code
15    of 2012;
16        (9) if convicted of a felony or of any misdemeanor
17    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
18    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
19    2012 that was determined, pursuant to Section 112A-11.1 of
20    the Code of Criminal Procedure of 1963, to trigger the
21    prohibitions of 18 U.S.C. 922(g)(9), physically surrender
22    at a time and place designated by the court, his or her
23    Firearm Owner's Identification Card and any and all
24    firearms in his or her possession. The Court shall return
25    to the Illinois State Police Firearm Owner's
26    Identification Card Office the person's Firearm Owner's

 

 

HB2605- 395 -LRB103 26047 RLC 52402 b

1    Identification Card;
2        (10) if convicted of a sex offense as defined in
3    subsection (a-5) of Section 3-1-2 of this Code, unless the
4    offender is a parent or guardian of the person under 18
5    years of age present in the home and no non-familial
6    minors are present, not participate in a holiday event
7    involving children under 18 years of age, such as
8    distributing candy or other items to children on
9    Halloween, wearing a Santa Claus costume on or preceding
10    Christmas, being employed as a department store Santa
11    Claus, or wearing an Easter Bunny costume on or preceding
12    Easter;
13        (11) if convicted of a sex offense as defined in
14    Section 2 of the Sex Offender Registration Act committed
15    on or after January 1, 2010 (the effective date of Public
16    Act 96-362) that requires the person to register as a sex
17    offender under that Act, may not knowingly use any
18    computer scrub software on any computer that the sex
19    offender uses;
20        (12) if convicted of a violation of the
21    Methamphetamine Control and Community Protection Act, the
22    Methamphetamine Precursor Control Act, or a
23    methamphetamine related offense:
24            (A) prohibited from purchasing, possessing, or
25        having under his or her control any product containing
26        pseudoephedrine unless prescribed by a physician; and

 

 

HB2605- 396 -LRB103 26047 RLC 52402 b

1            (B) prohibited from purchasing, possessing, or
2        having under his or her control any product containing
3        ammonium nitrate; and
4        (13) if convicted of a hate crime involving the
5    protected class identified in subsection (a) of Section
6    12-7.1 of the Criminal Code of 2012 that gave rise to the
7    offense the offender committed, perform public or
8    community service of no less than 200 hours and enroll in
9    an educational program discouraging hate crimes that
10    includes racial, ethnic, and cultural sensitivity training
11    ordered by the court.
12    (b) The Court may in addition to other reasonable
13conditions relating to the nature of the offense or the
14rehabilitation of the defendant as determined for each
15defendant in the proper discretion of the Court require that
16the person:
17        (1) serve a term of periodic imprisonment under
18    Article 7 for a period not to exceed that specified in
19    paragraph (d) of Section 5-7-1;
20        (2) pay a fine and costs;
21        (3) work or pursue a course of study or vocational
22    training;
23        (4) undergo medical, psychological or psychiatric
24    treatment; or treatment for drug addiction or alcoholism;
25        (5) attend or reside in a facility established for the
26    instruction or residence of defendants on probation;

 

 

HB2605- 397 -LRB103 26047 RLC 52402 b

1        (6) support his dependents;
2        (7) and in addition, if a minor:
3            (i) reside with his parents or in a foster home;
4            (ii) attend school;
5            (iii) attend a non-residential program for youth;
6            (iv) contribute to his own support at home or in a
7        foster home;
8            (v) with the consent of the superintendent of the
9        facility, attend an educational program at a facility
10        other than the school in which the offense was
11        committed if he or she is convicted of a crime of
12        violence as defined in Section 2 of the Crime Victims
13        Compensation Act committed in a school, on the real
14        property comprising a school, or within 1,000 feet of
15        the real property comprising a school;
16        (8) make restitution as provided in Section 5-5-6 of
17    this Code;
18        (9) perform some reasonable public or community
19    service;
20        (10) serve a term of home confinement. In addition to
21    any other applicable condition of probation or conditional
22    discharge, the conditions of home confinement shall be
23    that the offender:
24            (i) remain within the interior premises of the
25        place designated for his confinement during the hours
26        designated by the court;

 

 

HB2605- 398 -LRB103 26047 RLC 52402 b

1            (ii) admit any person or agent designated by the
2        court into the offender's place of confinement at any
3        time for purposes of verifying the offender's
4        compliance with the conditions of his confinement; and
5            (iii) if further deemed necessary by the court or
6        the Probation or Court Services Department, be placed
7        on an approved electronic monitoring device, subject
8        to Article 8A of Chapter V;
9            (iv) for persons convicted of any alcohol,
10        cannabis or controlled substance violation who are
11        placed on an approved monitoring device as a condition
12        of probation or conditional discharge, the court shall
13        impose a reasonable fee for each day of the use of the
14        device, as established by the county board in
15        subsection (g) of this Section, unless after
16        determining the inability of the offender to pay the
17        fee, the court assesses a lesser fee or no fee as the
18        case may be. This fee shall be imposed in addition to
19        the fees imposed under subsections (g) and (i) of this
20        Section. The fee shall be collected by the clerk of the
21        circuit court, except as provided in an administrative
22        order of the Chief Judge of the circuit court. The
23        clerk of the circuit court shall pay all monies
24        collected from this fee to the county treasurer for
25        deposit in the substance abuse services fund under
26        Section 5-1086.1 of the Counties Code, except as

 

 

HB2605- 399 -LRB103 26047 RLC 52402 b

1        provided in an administrative order of the Chief Judge
2        of the circuit court.
3            The Chief Judge of the circuit court of the county
4        may by administrative order establish a program for
5        electronic monitoring of offenders, in which a vendor
6        supplies and monitors the operation of the electronic
7        monitoring device, and collects the fees on behalf of
8        the county. The program shall include provisions for
9        indigent offenders and the collection of unpaid fees.
10        The program shall not unduly burden the offender and
11        shall be subject to review by the Chief Judge.
12            The Chief Judge of the circuit court may suspend
13        any additional charges or fees for late payment,
14        interest, or damage to any device; and
15            (v) for persons convicted of offenses other than
16        those referenced in clause (iv) above and who are
17        placed on an approved monitoring device as a condition
18        of probation or conditional discharge, the court shall
19        impose a reasonable fee for each day of the use of the
20        device, as established by the county board in
21        subsection (g) of this Section, unless after
22        determining the inability of the defendant to pay the
23        fee, the court assesses a lesser fee or no fee as the
24        case may be. This fee shall be imposed in addition to
25        the fees imposed under subsections (g) and (i) of this
26        Section. The fee shall be collected by the clerk of the

 

 

HB2605- 400 -LRB103 26047 RLC 52402 b

1        circuit court, except as provided in an administrative
2        order of the Chief Judge of the circuit court. The
3        clerk of the circuit court shall pay all monies
4        collected from this fee to the county treasurer who
5        shall use the monies collected to defray the costs of
6        corrections. The county treasurer shall deposit the
7        fee collected in the probation and court services
8        fund. The Chief Judge of the circuit court of the
9        county may by administrative order establish a program
10        for electronic monitoring of offenders, in which a
11        vendor supplies and monitors the operation of the
12        electronic monitoring device, and collects the fees on
13        behalf of the county. The program shall include
14        provisions for indigent offenders and the collection
15        of unpaid fees. The program shall not unduly burden
16        the offender and shall be subject to review by the
17        Chief Judge.
18            The Chief Judge of the circuit court may suspend
19        any additional charges or fees for late payment,
20        interest, or damage to any device.
21        (11) comply with the terms and conditions of an order
22    of protection issued by the court pursuant to the Illinois
23    Domestic Violence Act of 1986, as now or hereafter
24    amended, or an order of protection issued by the court of
25    another state, tribe, or United States territory. A copy
26    of the order of protection shall be transmitted to the

 

 

HB2605- 401 -LRB103 26047 RLC 52402 b

1    probation officer or agency having responsibility for the
2    case;
3        (12) reimburse any "local anti-crime program" as
4    defined in Section 7 of the Anti-Crime Advisory Council
5    Act for any reasonable expenses incurred by the program on
6    the offender's case, not to exceed the maximum amount of
7    the fine authorized for the offense for which the
8    defendant was sentenced;
9        (13) contribute a reasonable sum of money, not to
10    exceed the maximum amount of the fine authorized for the
11    offense for which the defendant was sentenced, (i) to a
12    "local anti-crime program", as defined in Section 7 of the
13    Anti-Crime Advisory Council Act, or (ii) for offenses
14    under the jurisdiction of the Department of Natural
15    Resources, to the fund established by the Department of
16    Natural Resources for the purchase of evidence for
17    investigation purposes and to conduct investigations as
18    outlined in Section 805-105 of the Department of Natural
19    Resources (Conservation) Law;
20        (14) refrain from entering into a designated
21    geographic area except upon such terms as the court finds
22    appropriate. Such terms may include consideration of the
23    purpose of the entry, the time of day, other persons
24    accompanying the defendant, and advance approval by a
25    probation officer, if the defendant has been placed on
26    probation or advance approval by the court, if the

 

 

HB2605- 402 -LRB103 26047 RLC 52402 b

1    defendant was placed on conditional discharge;
2        (15) refrain from having any contact, directly or
3    indirectly, with certain specified persons or particular
4    types of persons, including but not limited to members of
5    street gangs and drug users or dealers;
6        (16) refrain from having in his or her body the
7    presence of any illicit drug prohibited by the Cannabis
8    Control Act, the Illinois Controlled Substances Act, or
9    the Methamphetamine Control and Community Protection Act,
10    unless prescribed by a physician, and submit samples of
11    his or her blood or urine or both for tests to determine
12    the presence of any illicit drug;
13        (17) if convicted for an offense committed on or after
14    June 1, 2008 (the effective date of Public Act 95-464)
15    that would qualify the accused as a child sex offender as
16    defined in Section 11-9.3 or 11-9.4 of the Criminal Code
17    of 1961 or the Criminal Code of 2012, refrain from
18    communicating with or contacting, by means of the
19    Internet, a person who is related to the accused and whom
20    the accused reasonably believes to be under 18 years of
21    age; for purposes of this paragraph (17), "Internet" has
22    the meaning ascribed to it in Section 16-0.1 of the
23    Criminal Code of 2012; and a person is related to the
24    accused if the person is: (i) the spouse, brother, or
25    sister of the accused; (ii) a descendant of the accused;
26    (iii) a first or second cousin of the accused; or (iv) a

 

 

HB2605- 403 -LRB103 26047 RLC 52402 b

1    step-child or adopted child of the accused;
2        (18) if convicted for an offense committed on or after
3    June 1, 2009 (the effective date of Public Act 95-983)
4    that would qualify as a sex offense as defined in the Sex
5    Offender Registration Act:
6            (i) not access or use a computer or any other
7        device with Internet capability without the prior
8        written approval of the offender's probation officer,
9        except in connection with the offender's employment or
10        search for employment with the prior approval of the
11        offender's probation officer;
12            (ii) submit to periodic unannounced examinations
13        of the offender's computer or any other device with
14        Internet capability by the offender's probation
15        officer, a law enforcement officer, or assigned
16        computer or information technology specialist,
17        including the retrieval and copying of all data from
18        the computer or device and any internal or external
19        peripherals and removal of such information,
20        equipment, or device to conduct a more thorough
21        inspection;
22            (iii) submit to the installation on the offender's
23        computer or device with Internet capability, at the
24        subject's expense, of one or more hardware or software
25        systems to monitor the Internet use; and
26            (iv) submit to any other appropriate restrictions

 

 

HB2605- 404 -LRB103 26047 RLC 52402 b

1        concerning the offender's use of or access to a
2        computer or any other device with Internet capability
3        imposed by the offender's probation officer; and
4        (19) refrain from possessing a firearm or other
5    dangerous weapon where the offense is a misdemeanor that
6    did not involve the intentional or knowing infliction of
7    bodily harm or threat of bodily harm.
8    (c) The court may as a condition of probation or of
9conditional discharge require that a person under 18 years of
10age found guilty of any alcohol, cannabis or controlled
11substance violation, refrain from acquiring a driver's license
12during the period of probation or conditional discharge. If
13such person is in possession of a permit or license, the court
14may require that the minor refrain from driving or operating
15any motor vehicle during the period of probation or
16conditional discharge, except as may be necessary in the
17course of the minor's lawful employment.
18    (d) An offender sentenced to probation or to conditional
19discharge shall be given a certificate setting forth the
20conditions thereof.
21    (e) Except where the offender has committed a fourth or
22subsequent violation of subsection (c) of Section 6-303 of the
23Illinois Vehicle Code, the court shall not require as a
24condition of the sentence of probation or conditional
25discharge that the offender be committed to a period of
26imprisonment in excess of 6 months. This 6-month limit shall

 

 

HB2605- 405 -LRB103 26047 RLC 52402 b

1not include periods of confinement given pursuant to a
2sentence of county impact incarceration under Section 5-8-1.2.
3    Persons committed to imprisonment as a condition of
4probation or conditional discharge shall not be committed to
5the Department of Corrections.
6    (f) The court may combine a sentence of periodic
7imprisonment under Article 7 or a sentence to a county impact
8incarceration program under Article 8 with a sentence of
9probation or conditional discharge.
10    (g) An offender sentenced to probation or to conditional
11discharge and who during the term of either undergoes
12mandatory drug or alcohol testing, or both, or is assigned to
13be placed on an approved electronic monitoring device, shall
14be ordered to pay all costs incidental to such mandatory drug
15or alcohol testing, or both, and all costs incidental to such
16approved electronic monitoring in accordance with the
17defendant's ability to pay those costs. The county board with
18the concurrence of the Chief Judge of the judicial circuit in
19which the county is located shall establish reasonable fees
20for the cost of maintenance, testing, and incidental expenses
21related to the mandatory drug or alcohol testing, or both, and
22all costs incidental to approved electronic monitoring,
23involved in a successful probation program for the county. The
24concurrence of the Chief Judge shall be in the form of an
25administrative order. The fees shall be collected by the clerk
26of the circuit court, except as provided in an administrative

 

 

HB2605- 406 -LRB103 26047 RLC 52402 b

1order of the Chief Judge of the circuit court. The clerk of the
2circuit court shall pay all moneys collected from these fees
3to the county treasurer who shall use the moneys collected to
4defray the costs of drug testing, alcohol testing, and
5electronic monitoring. The county treasurer shall deposit the
6fees collected in the county working cash fund under Section
76-27001 or Section 6-29002 of the Counties Code, as the case
8may be. The Chief Judge of the circuit court of the county may
9by administrative order establish a program for electronic
10monitoring of offenders, in which a vendor supplies and
11monitors the operation of the electronic monitoring device,
12and collects the fees on behalf of the county. The program
13shall include provisions for indigent offenders and the
14collection of unpaid fees. The program shall not unduly burden
15the offender and shall be subject to review by the Chief Judge.
16    The Chief Judge of the circuit court may suspend any
17additional charges or fees for late payment, interest, or
18damage to any device.
19    (h) Jurisdiction over an offender may be transferred from
20the sentencing court to the court of another circuit with the
21concurrence of both courts. Further transfers or retransfers
22of jurisdiction are also authorized in the same manner. The
23court to which jurisdiction has been transferred shall have
24the same powers as the sentencing court. The probation
25department within the circuit to which jurisdiction has been
26transferred, or which has agreed to provide supervision, may

 

 

HB2605- 407 -LRB103 26047 RLC 52402 b

1impose probation fees upon receiving the transferred offender,
2as provided in subsection (i). For all transfer cases, as
3defined in Section 9b of the Probation and Probation Officers
4Act, the probation department from the original sentencing
5court shall retain all probation fees collected prior to the
6transfer. After the transfer, all probation fees shall be paid
7to the probation department within the circuit to which
8jurisdiction has been transferred.
9    (i) The court shall impose upon an offender sentenced to
10probation after January 1, 1989 or to conditional discharge
11after January 1, 1992 or to community service under the
12supervision of a probation or court services department after
13January 1, 2004, as a condition of such probation or
14conditional discharge or supervised community service, a fee
15of $50 for each month of probation or conditional discharge
16supervision or supervised community service ordered by the
17court, unless after determining the inability of the person
18sentenced to probation or conditional discharge or supervised
19community service to pay the fee, the court assesses a lesser
20fee. The court may not impose the fee on a minor who is placed
21in the guardianship or custody of the Department of Children
22and Family Services under the Juvenile Court Act of 1987 while
23the minor is in placement. The fee shall be imposed only upon
24an offender who is actively supervised by the probation and
25court services department. The fee shall be collected by the
26clerk of the circuit court. The clerk of the circuit court

 

 

HB2605- 408 -LRB103 26047 RLC 52402 b

1shall pay all monies collected from this fee to the county
2treasurer for deposit in the probation and court services fund
3under Section 15.1 of the Probation and Probation Officers
4Act.
5    A circuit court may not impose a probation fee under this
6subsection (i) in excess of $25 per month unless the circuit
7court has adopted, by administrative order issued by the chief
8judge, a standard probation fee guide determining an
9offender's ability to pay. Of the amount collected as a
10probation fee, up to $5 of that fee collected per month may be
11used to provide services to crime victims and their families.
12    The Court may only waive probation fees based on an
13offender's ability to pay. The probation department may
14re-evaluate an offender's ability to pay every 6 months, and,
15with the approval of the Director of Court Services or the
16Chief Probation Officer, adjust the monthly fee amount. An
17offender may elect to pay probation fees due in a lump sum. Any
18offender that has been assigned to the supervision of a
19probation department, or has been transferred either under
20subsection (h) of this Section or under any interstate
21compact, shall be required to pay probation fees to the
22department supervising the offender, based on the offender's
23ability to pay.
24    Public Act 93-970 deletes the $10 increase in the fee
25under this subsection that was imposed by Public Act 93-616.
26This deletion is intended to control over any other Act of the

 

 

HB2605- 409 -LRB103 26047 RLC 52402 b

193rd General Assembly that retains or incorporates that fee
2increase.
3    (i-5) In addition to the fees imposed under subsection (i)
4of this Section, in the case of an offender convicted of a
5felony sex offense (as defined in the Sex Offender Management
6Board Act) or an offense that the court or probation
7department has determined to be sexually motivated (as defined
8in the Sex Offender Management Board Act), the court or the
9probation department shall assess additional fees to pay for
10all costs of treatment, assessment, evaluation for risk and
11treatment, and monitoring the offender, based on that
12offender's ability to pay those costs either as they occur or
13under a payment plan.
14    (j) All fines and costs imposed under this Section for any
15violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
16Code, or a similar provision of a local ordinance, and any
17violation of the Child Passenger Protection Act, or a similar
18provision of a local ordinance, shall be collected and
19disbursed by the circuit clerk as provided under the Criminal
20and Traffic Assessment Act.
21    (k) Any offender who is sentenced to probation or
22conditional discharge for a felony sex offense as defined in
23the Sex Offender Management Board Act or any offense that the
24court or probation department has determined to be sexually
25motivated as defined in the Sex Offender Management Board Act
26shall be required to refrain from any contact, directly or

 

 

HB2605- 410 -LRB103 26047 RLC 52402 b

1indirectly, with any persons specified by the court and shall
2be available for all evaluations and treatment programs
3required by the court or the probation department.
4    (l) The court may order an offender who is sentenced to
5probation or conditional discharge for a violation of an order
6of protection be placed under electronic surveillance as
7provided in Section 5-8A-7 of this Code.
8(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21.)
 
9    Section 95. The Stalking No Contact Order Act is amended
10by changing Section 80 as follows:
 
11    (740 ILCS 21/80)
12    Sec. 80. Stalking no contact orders; remedies.
13    (a) If the court finds that the petitioner has been a
14victim of stalking, a stalking no contact order shall issue;
15provided that the petitioner must also satisfy the
16requirements of Section 95 on emergency orders or Section 100
17on plenary orders. The petitioner shall not be denied a
18stalking no contact order because the petitioner or the
19respondent is a minor. The court, when determining whether or
20not to issue a stalking no contact order, may not require
21physical injury on the person of the petitioner. Modification
22and extension of prior stalking no contact orders shall be in
23accordance with this Act.
24    (b) A stalking no contact order shall order one or more of

 

 

HB2605- 411 -LRB103 26047 RLC 52402 b

1the following:
2        (1) prohibit the respondent from threatening to commit
3    or committing stalking;
4        (2) order the respondent not to have any contact with
5    the petitioner or a third person specifically named by the
6    court;
7        (3) prohibit the respondent from knowingly coming
8    within, or knowingly remaining within a specified distance
9    of the petitioner or the petitioner's residence, school,
10    daycare, or place of employment, or any specified place
11    frequented by the petitioner; however, the court may order
12    the respondent to stay away from the respondent's own
13    residence, school, or place of employment only if the
14    respondent has been provided actual notice of the
15    opportunity to appear and be heard on the petition;
16        (4) prohibit the respondent from possessing a Firearm
17    Owners Identification Card, or possessing or buying
18    firearms; and
19        (5) order other injunctive relief the court determines
20    to be necessary to protect the petitioner or third party
21    specifically named by the court.
22    (b-5) When the petitioner and the respondent attend the
23same public, private, or non-public elementary, middle, or
24high school, the court when issuing a stalking no contact
25order and providing relief shall consider the severity of the
26act, any continuing physical danger or emotional distress to

 

 

HB2605- 412 -LRB103 26047 RLC 52402 b

1the petitioner, the educational rights guaranteed to the
2petitioner and respondent under federal and State law, the
3availability of a transfer of the respondent to another
4school, a change of placement or a change of program of the
5respondent, the expense, difficulty, and educational
6disruption that would be caused by a transfer of the
7respondent to another school, and any other relevant facts of
8the case. The court may order that the respondent not attend
9the public, private, or non-public elementary, middle, or high
10school attended by the petitioner, order that the respondent
11accept a change of placement or program, as determined by the
12school district or private or non-public school, or place
13restrictions on the respondent's movements within the school
14attended by the petitioner. The respondent bears the burden of
15proving by a preponderance of the evidence that a transfer,
16change of placement, or change of program of the respondent is
17not available. The respondent also bears the burden of
18production with respect to the expense, difficulty, and
19educational disruption that would be caused by a transfer of
20the respondent to another school. A transfer, change of
21placement, or change of program is not unavailable to the
22respondent solely on the ground that the respondent does not
23agree with the school district's or private or non-public
24school's transfer, change of placement, or change of program
25or solely on the ground that the respondent fails or refuses to
26consent to or otherwise does not take an action required to

 

 

HB2605- 413 -LRB103 26047 RLC 52402 b

1effectuate a transfer, change of placement, or change of
2program. When a court orders a respondent to stay away from the
3public, private, or non-public school attended by the
4petitioner and the respondent requests a transfer to another
5attendance center within the respondent's school district or
6private or non-public school, the school district or private
7or non-public school shall have sole discretion to determine
8the attendance center to which the respondent is transferred.
9In the event the court order results in a transfer of the minor
10respondent to another attendance center, a change in the
11respondent's placement, or a change of the respondent's
12program, the parents, guardian, or legal custodian of the
13respondent is responsible for transportation and other costs
14associated with the transfer or change.
15    (b-6) The court may order the parents, guardian, or legal
16custodian of a minor respondent to take certain actions or to
17refrain from taking certain actions to ensure that the
18respondent complies with the order. In the event the court
19orders a transfer of the respondent to another school, the
20parents, guardian, or legal custodian of the respondent are
21responsible for transportation and other costs associated with
22the change of school by the respondent.
23    (b-7) The court shall not hold a school district or
24private or non-public school or any of its employees in civil
25or criminal contempt unless the school district or private or
26non-public school has been allowed to intervene.

 

 

HB2605- 414 -LRB103 26047 RLC 52402 b

1    (b-8) The court may hold the parents, guardian, or legal
2custodian of a minor respondent in civil or criminal contempt
3for a violation of any provision of any order entered under
4this Act for conduct of the minor respondent in violation of
5this Act if the parents, guardian, or legal custodian
6directed, encouraged, or assisted the respondent minor in such
7conduct.
8    (c) The court may award the petitioner costs and attorneys
9fees if a stalking no contact order is granted.
10    (d) Monetary damages are not recoverable as a remedy.
11    (e) If the stalking no contact order prohibits the
12respondent from possessing a Firearm Owner's Identification
13Card, or possessing or buying firearms; the court shall
14confiscate the respondent's firearms Firearm Owner's
15Identification Card and immediately return the card to the
16Illinois State Police Firearm Owner's Identification Card
17Office.
18(Source: P.A. 102-538, eff. 8-20-21.)
 
19    Section 100. The Mental Health and Developmental
20Disabilities Confidentiality Act is amended by changing
21Section 12 as follows:
 
22    (740 ILCS 110/12)  (from Ch. 91 1/2, par. 812)
23    Sec. 12. (a) If the United States Secret Service or the
24Illinois State Police requests information from a mental

 

 

HB2605- 415 -LRB103 26047 RLC 52402 b

1health or developmental disability facility, as defined in
2Section 1-107 and 1-114 of the Mental Health and Developmental
3Disabilities Code, relating to a specific recipient and the
4facility director determines that disclosure of such
5information may be necessary to protect the life of, or to
6prevent the infliction of great bodily harm to, a public
7official, or a person under the protection of the United
8States Secret Service, only the following information may be
9disclosed: the recipient's name, address, and age and the date
10of any admission to or discharge from a facility; and any
11information which would indicate whether or not the recipient
12has a history of violence or presents a danger of violence to
13the person under protection. Any information so disclosed
14shall be used for investigative purposes only and shall not be
15publicly disseminated. Any person participating in good faith
16in the disclosure of such information in accordance with this
17provision shall have immunity from any liability, civil,
18criminal or otherwise, if such information is disclosed
19relying upon the representation of an officer of the United
20States Secret Service or the Illinois State Police that a
21person is under the protection of the United States Secret
22Service or is a public official.
23    For the purpose of this subsection (a), the term "public
24official" means the Governor, Lieutenant Governor, Attorney
25General, Secretary of State, State Comptroller, State
26Treasurer, member of the General Assembly, member of the

 

 

HB2605- 416 -LRB103 26047 RLC 52402 b

1United States Congress, Judge of the United States as defined
2in 28 U.S.C. 451, Justice of the United States as defined in 28
3U.S.C. 451, United States Magistrate Judge as defined in 28
4U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
5Supreme, Appellate, Circuit, or Associate Judge of the State
6of Illinois. The term shall also include the spouse, child or
7children of a public official.
8    (b) The Department of Human Services (acting as successor
9to the Department of Mental Health and Developmental
10Disabilities) and all public or private hospitals and mental
11health facilities are required, as hereafter described in this
12subsection, to furnish the Illinois State Police only such
13information as may be required for the sole purpose of
14determining whether an individual who may be or may have been a
15patient is disqualified because of that status from receiving
16or retaining a firearm under paragraph (4) of subsection (a)
17of Section 24-3.1 of the Criminal Code of 2012 Firearm Owner's
18Identification Card or falls within the federal prohibitors
19under subsection (e), (f), (g), (r), (s), or (t) of Section 8
20of the Firearm Owners Identification Card Act, or falls within
21the federal prohibitors in 18 U.S.C. 922(g) and (n). All
22physicians, clinical psychologists, or qualified examiners at
23public or private mental health facilities or parts thereof as
24defined in this subsection shall, in the form and manner
25required by the Department, provide notice directly to the
26Department of Human Services, or to his or her employer who

 

 

HB2605- 417 -LRB103 26047 RLC 52402 b

1shall then report to the Department, within 24 hours after
2determining that a person poses a clear and present danger to
3himself, herself, or others, or within 7 days after a person 14
4years or older is determined to be a person with a
5developmental disability by a physician, clinical
6psychologist, or qualified examiner as described in this
7subsection (b) Section 1.1 of the Firearm Owners
8Identification Card Act. If a person is a patient as described
9in clause (2)(A) (1) of the definition of "patient" in this
10subsection Section 1.1 of the Firearm Owners Identification
11Card Act, this information shall be furnished within 7 days
12after admission to a public or private hospital or mental
13health facility or the provision of services. Any such
14information disclosed under this subsection shall remain
15privileged and confidential, and shall not be redisclosed,
16except as required by clause (e)(2) of Section 24-4.5 of the
17Criminal Code of 2012 subsection (e) of Section 3.1 of the
18Firearm Owners Identification Card Act, nor utilized for any
19other purpose. The method of requiring the providing of such
20information shall guarantee that no information is released
21beyond what is necessary for this purpose. In addition, the
22information disclosed shall be provided by the Department
23within the time period established by Section 24-3 of the
24Criminal Code of 2012 regarding the delivery of firearms. The
25method used shall be sufficient to provide the necessary
26information within the prescribed time period, which may

 

 

HB2605- 418 -LRB103 26047 RLC 52402 b

1include periodically providing lists to the Department of
2Human Services or any public or private hospital or mental
3health facility of Firearm Owner's Identification Card
4applicants for firearm purchases on which the Department or
5hospital shall indicate the identities of those individuals
6who are to its knowledge disqualified from having a firearm
7Firearm Owner's Identification Card for reasons described
8herein. The Department may provide for a centralized source of
9information for the State on this subject under its
10jurisdiction. The identity of the person reporting under this
11subsection shall not be disclosed to the subject of the
12report. For the purposes of this subsection, the physician,
13clinical psychologist, or qualified examiner making the
14determination and his or her employer shall not be held
15criminally, civilly, or professionally liable for making or
16not making the notification required under this subsection,
17except for willful or wanton misconduct.
18    Any person, institution, or agency, under this Act,
19participating in good faith in the reporting or disclosure of
20records and communications otherwise in accordance with this
21provision or with rules, regulations or guidelines issued by
22the Department shall have immunity from any liability, civil,
23criminal or otherwise, that might result by reason of the
24action. For the purpose of any proceeding, civil or criminal,
25arising out of a report or disclosure in accordance with this
26provision, the good faith of any person, institution, or

 

 

HB2605- 419 -LRB103 26047 RLC 52402 b

1agency so reporting or disclosing shall be presumed. The full
2extent of the immunity provided in this subsection (b) shall
3apply to any person, institution or agency that fails to make a
4report or disclosure in the good faith belief that the report
5or disclosure would violate federal regulations governing the
6confidentiality of alcohol and drug abuse patient records
7implementing 42 U.S.C. 290dd-3 and 290ee-3.
8    For purposes of this subsection (b) only, the following
9terms shall have the meaning prescribed:
10        (1) (Blank).
11        (1.3) "Clear and present danger" has the meaning as
12    defined in Section 6-103.3 of the Mental Health and
13    Developmental Disabilities Code 1.1 of the Firearm Owners
14    Identification Card Act.
15        (1.5) "Person with a developmental disability" has the
16    meaning as defined in Section 6-103.3 of the Mental Health
17    and Developmental Disabilities Code 1.1 of the Firearm
18    Owners Identification Card Act.
19        (2) "Patient" means (A) a person who voluntarily
20    receives mental health treatment as an in-patient or
21    resident of any public or private mental health facility,
22    unless the treatment was solely for an alcohol abuse
23    disorder and no other secondary substance abuse disorder
24    or mental illness; or (B) a person who voluntarily
25    receives mental health treatment as an out-patient or is
26    provided services by a public or private mental health

 

 

HB2605- 420 -LRB103 26047 RLC 52402 b

1    facility, and who poses a clear and present danger to
2    himself, herself, or to others has the meaning as defined
3    in Section 1.1 of the Firearm Owners Identification Card
4    Act.
5        (3) "Mental health facility" means any licensed
6    private hospital or hospital affiliate, institution, or
7    facility, or part thereof, and any facility, or part
8    thereof, operated by the State or a political subdivision
9    thereof which provide treatment of persons with mental
10    illness and includes all hospitals, institutions, clinics,
11    evaluation facilities, mental health centers, colleges,
12    universities, long-term care facilities, and nursing
13    homes, or parts thereof, which provide treatment of
14    persons with mental illness whether or not the primary
15    purpose is to provide treatment of persons with mental
16    illness has the meaning as defined in Section 1.1 of the
17    Firearm Owners Identification Card Act.
18    (c) Upon the request of a peace officer who takes a person
19into custody and transports such person to a mental health or
20developmental disability facility pursuant to Section 3-606 or
214-404 of the Mental Health and Developmental Disabilities Code
22or who transports a person from such facility, a facility
23director shall furnish said peace officer the name, address,
24age and name of the nearest relative of the person transported
25to or from the mental health or developmental disability
26facility. In no case shall the facility director disclose to

 

 

HB2605- 421 -LRB103 26047 RLC 52402 b

1the peace officer any information relating to the diagnosis,
2treatment or evaluation of the person's mental or physical
3health.
4    For the purposes of this subsection (c), the terms "mental
5health or developmental disability facility", "peace officer"
6and "facility director" shall have the meanings ascribed to
7them in the Mental Health and Developmental Disabilities Code.
8    (d) Upon the request of a peace officer or prosecuting
9authority who is conducting a bona fide investigation of a
10criminal offense, or attempting to apprehend a fugitive from
11justice, a facility director may disclose whether a person is
12present at the facility. Upon request of a peace officer or
13prosecuting authority who has a valid forcible felony warrant
14issued, a facility director shall disclose: (1) whether the
15person who is the subject of the warrant is present at the
16facility and (2) the date of that person's discharge or future
17discharge from the facility. The requesting peace officer or
18prosecuting authority must furnish a case number and the
19purpose of the investigation or an outstanding arrest warrant
20at the time of the request. Any person, institution, or agency
21participating in good faith in disclosing such information in
22accordance with this subsection (d) is immune from any
23liability, civil, criminal or otherwise, that might result by
24reason of the action.
25(Source: P.A. 102-538, eff. 8-20-21.)
 

 

 

HB2605- 422 -LRB103 26047 RLC 52402 b

1    Section 105. The Illinois Domestic Violence Act of 1986 is
2amended by changing Sections 210 and 214 as follows:
 
3    (750 ILCS 60/210)  (from Ch. 40, par. 2312-10)
4    Sec. 210. Process.
5    (a) Summons. Any action for an order of protection,
6whether commenced alone or in conjunction with another
7proceeding, is a distinct cause of action and requires that a
8separate summons be issued and served, except that in pending
9cases the following methods may be used:
10        (1) By delivery of the summons to respondent
11    personally in open court in pending civil or criminal
12    cases.
13        (2) By notice in accordance with Section 210.1 in
14    civil cases in which the defendant has filed a general
15    appearance.
16    The summons shall be in the form prescribed by Supreme
17Court Rule 101(d), except that it shall require respondent to
18answer or appear within 7 days. Attachments to the summons or
19notice shall include the petition for order of protection and
20supporting affidavits, if any, and any emergency order of
21protection that has been issued. The enforcement of an order
22of protection under Section 223 shall not be affected by the
23lack of service, delivery, or notice, provided the
24requirements of subsection (d) of that Section are otherwise
25met.

 

 

HB2605- 423 -LRB103 26047 RLC 52402 b

1    (b) Blank.
2    (c) Expedited service. The summons shall be served by the
3sheriff or other law enforcement officer at the earliest time
4and shall take precedence over other summonses except those of
5a similar emergency nature. Special process servers may be
6appointed at any time, and their designation shall not affect
7the responsibilities and authority of the sheriff or other
8official process servers. In counties with a population over
93,000,000, a special process server may not be appointed if
10the order of protection grants the surrender of a child, the
11surrender of a firearm or firearm owners identification card,
12or the exclusive possession of a shared residence.
13    (d) Remedies requiring actual notice. The counseling,
14payment of support, payment of shelter services, and payment
15of losses remedies provided by paragraphs 4, 12, 13, and 16 of
16subsection (b) of Section 214 may be granted only if
17respondent has been personally served with process, has
18answered or has made a general appearance.
19    (e) Remedies upon constructive notice. Service of process
20on a member of respondent's household or by publication shall
21be adequate for the remedies provided by paragraphs 1, 2, 3, 5,
226, 7, 8, 9, 10, 11, 14, 15, and 17 of subsection (b) of Section
23214, but only if: (i) petitioner has made all reasonable
24efforts to accomplish actual service of process personally
25upon respondent, but respondent cannot be found to effect such
26service and (ii) petitioner files an affidavit or presents

 

 

HB2605- 424 -LRB103 26047 RLC 52402 b

1sworn testimony as to those efforts.
2    (f) Default. A plenary order of protection may be entered
3by default as follows:
4        (1) For any of the remedies sought in the petition, if
5    respondent has been served or given notice in accordance
6    with subsection (a) and if respondent then fails to appear
7    as directed or fails to appear on any subsequent
8    appearance or hearing date agreed to by the parties or set
9    by the court; or
10        (2) For any of the remedies provided in accordance
11    with subsection (e), if respondent fails to answer or
12    appear in accordance with the date set in the publication
13    notice or the return date indicated on the service of a
14    household member.
15    (g) Emergency orders. If an order is granted under
16subsection (c) of Section 217, the court shall immediately
17file a certified copy of the order with the sheriff or other
18law enforcement official charged with maintaining Department
19of State Police records.
20(Source: P.A. 101-508, eff. 1-1-20.)
 
21    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
22    Sec. 214. Order of protection; remedies.
23    (a) Issuance of order. If the court finds that petitioner
24has been abused by a family or household member or that
25petitioner is a high-risk adult who has been abused,

 

 

HB2605- 425 -LRB103 26047 RLC 52402 b

1neglected, or exploited, as defined in this Act, an order of
2protection prohibiting the abuse, neglect, or exploitation
3shall issue; provided that petitioner must also satisfy the
4requirements of one of the following Sections, as appropriate:
5Section 217 on emergency orders, Section 218 on interim
6orders, or Section 219 on plenary orders. Petitioner shall not
7be denied an order of protection because petitioner or
8respondent is a minor. The court, when determining whether or
9not to issue an order of protection, shall not require
10physical manifestations of abuse on the person of the victim.
11Modification and extension of prior orders of protection shall
12be in accordance with this Act.
13    (b) Remedies and standards. The remedies to be included in
14an order of protection shall be determined in accordance with
15this Section and one of the following Sections, as
16appropriate: Section 217 on emergency orders, Section 218 on
17interim orders, and Section 219 on plenary orders. The
18remedies listed in this subsection shall be in addition to
19other civil or criminal remedies available to petitioner.
20        (1) Prohibition of abuse, neglect, or exploitation.
21    Prohibit respondent's harassment, interference with
22    personal liberty, intimidation of a dependent, physical
23    abuse, or willful deprivation, neglect or exploitation, as
24    defined in this Act, or stalking of the petitioner, as
25    defined in Section 12-7.3 of the Criminal Code of 2012, if
26    such abuse, neglect, exploitation, or stalking has

 

 

HB2605- 426 -LRB103 26047 RLC 52402 b

1    occurred or otherwise appears likely to occur if not
2    prohibited.
3        (2) Grant of exclusive possession of residence.
4    Prohibit respondent from entering or remaining in any
5    residence, household, or premises of the petitioner,
6    including one owned or leased by respondent, if petitioner
7    has a right to occupancy thereof. The grant of exclusive
8    possession of the residence, household, or premises shall
9    not affect title to real property, nor shall the court be
10    limited by the standard set forth in subsection (c-2) of
11    Section 501 of the Illinois Marriage and Dissolution of
12    Marriage Act.
13            (A) Right to occupancy. A party has a right to
14        occupancy of a residence or household if it is solely
15        or jointly owned or leased by that party, that party's
16        spouse, a person with a legal duty to support that
17        party or a minor child in that party's care, or by any
18        person or entity other than the opposing party that
19        authorizes that party's occupancy (e.g., a domestic
20        violence shelter). Standards set forth in subparagraph
21        (B) shall not preclude equitable relief.
22            (B) Presumption of hardships. If petitioner and
23        respondent each has the right to occupancy of a
24        residence or household, the court shall balance (i)
25        the hardships to respondent and any minor child or
26        dependent adult in respondent's care resulting from

 

 

HB2605- 427 -LRB103 26047 RLC 52402 b

1        entry of this remedy with (ii) the hardships to
2        petitioner and any minor child or dependent adult in
3        petitioner's care resulting from continued exposure to
4        the risk of abuse (should petitioner remain at the
5        residence or household) or from loss of possession of
6        the residence or household (should petitioner leave to
7        avoid the risk of abuse). When determining the balance
8        of hardships, the court shall also take into account
9        the accessibility of the residence or household.
10        Hardships need not be balanced if respondent does not
11        have a right to occupancy.
12            The balance of hardships is presumed to favor
13        possession by petitioner unless the presumption is
14        rebutted by a preponderance of the evidence, showing
15        that the hardships to respondent substantially
16        outweigh the hardships to petitioner and any minor
17        child or dependent adult in petitioner's care. The
18        court, on the request of petitioner or on its own
19        motion, may order respondent to provide suitable,
20        accessible, alternate housing for petitioner instead
21        of excluding respondent from a mutual residence or
22        household.
23        (3) Stay away order and additional prohibitions. Order
24    respondent to stay away from petitioner or any other
25    person protected by the order of protection, or prohibit
26    respondent from entering or remaining present at

 

 

HB2605- 428 -LRB103 26047 RLC 52402 b

1    petitioner's school, place of employment, or other
2    specified places at times when petitioner is present, or
3    both, if reasonable, given the balance of hardships.
4    Hardships need not be balanced for the court to enter a
5    stay away order or prohibit entry if respondent has no
6    right to enter the premises.
7            (A) If an order of protection grants petitioner
8        exclusive possession of the residence, or prohibits
9        respondent from entering the residence, or orders
10        respondent to stay away from petitioner or other
11        protected persons, then the court may allow respondent
12        access to the residence to remove items of clothing
13        and personal adornment used exclusively by respondent,
14        medications, and other items as the court directs. The
15        right to access shall be exercised on only one
16        occasion as the court directs and in the presence of an
17        agreed-upon adult third party or law enforcement
18        officer.
19            (B) When the petitioner and the respondent attend
20        the same public, private, or non-public elementary,
21        middle, or high school, the court when issuing an
22        order of protection and providing relief shall
23        consider the severity of the act, any continuing
24        physical danger or emotional distress to the
25        petitioner, the educational rights guaranteed to the
26        petitioner and respondent under federal and State law,

 

 

HB2605- 429 -LRB103 26047 RLC 52402 b

1        the availability of a transfer of the respondent to
2        another school, a change of placement or a change of
3        program of the respondent, the expense, difficulty,
4        and educational disruption that would be caused by a
5        transfer of the respondent to another school, and any
6        other relevant facts of the case. The court may order
7        that the respondent not attend the public, private, or
8        non-public elementary, middle, or high school attended
9        by the petitioner, order that the respondent accept a
10        change of placement or change of program, as
11        determined by the school district or private or
12        non-public school, or place restrictions on the
13        respondent's movements within the school attended by
14        the petitioner. The respondent bears the burden of
15        proving by a preponderance of the evidence that a
16        transfer, change of placement, or change of program of
17        the respondent is not available. The respondent also
18        bears the burden of production with respect to the
19        expense, difficulty, and educational disruption that
20        would be caused by a transfer of the respondent to
21        another school. A transfer, change of placement, or
22        change of program is not unavailable to the respondent
23        solely on the ground that the respondent does not
24        agree with the school district's or private or
25        non-public school's transfer, change of placement, or
26        change of program or solely on the ground that the

 

 

HB2605- 430 -LRB103 26047 RLC 52402 b

1        respondent fails or refuses to consent or otherwise
2        does not take an action required to effectuate a
3        transfer, change of placement, or change of program.
4        When a court orders a respondent to stay away from the
5        public, private, or non-public school attended by the
6        petitioner and the respondent requests a transfer to
7        another attendance center within the respondent's
8        school district or private or non-public school, the
9        school district or private or non-public school shall
10        have sole discretion to determine the attendance
11        center to which the respondent is transferred. In the
12        event the court order results in a transfer of the
13        minor respondent to another attendance center, a
14        change in the respondent's placement, or a change of
15        the respondent's program, the parents, guardian, or
16        legal custodian of the respondent is responsible for
17        transportation and other costs associated with the
18        transfer or change.
19            (C) The court may order the parents, guardian, or
20        legal custodian of a minor respondent to take certain
21        actions or to refrain from taking certain actions to
22        ensure that the respondent complies with the order. In
23        the event the court orders a transfer of the
24        respondent to another school, the parents, guardian,
25        or legal custodian of the respondent is responsible
26        for transportation and other costs associated with the

 

 

HB2605- 431 -LRB103 26047 RLC 52402 b

1        change of school by the respondent.
2        (4) Counseling. Require or recommend the respondent to
3    undergo counseling for a specified duration with a social
4    worker, psychologist, clinical psychologist,
5    psychiatrist, family service agency, alcohol or substance
6    abuse program, mental health center guidance counselor,
7    agency providing services to elders, program designed for
8    domestic violence abusers or any other guidance service
9    the court deems appropriate. The Court may order the
10    respondent in any intimate partner relationship to report
11    to an Illinois Department of Human Services protocol
12    approved partner abuse intervention program for an
13    assessment and to follow all recommended treatment.
14        (5) Physical care and possession of the minor child.
15    In order to protect the minor child from abuse, neglect,
16    or unwarranted separation from the person who has been the
17    minor child's primary caretaker, or to otherwise protect
18    the well-being of the minor child, the court may do either
19    or both of the following: (i) grant petitioner physical
20    care or possession of the minor child, or both, or (ii)
21    order respondent to return a minor child to, or not remove
22    a minor child from, the physical care of a parent or person
23    in loco parentis.
24        If a court finds, after a hearing, that respondent has
25    committed abuse (as defined in Section 103) of a minor
26    child, there shall be a rebuttable presumption that

 

 

HB2605- 432 -LRB103 26047 RLC 52402 b

1    awarding physical care to respondent would not be in the
2    minor child's best interest.
3        (6) Temporary allocation of parental responsibilities:
4    significant decision-making. Award temporary
5    decision-making responsibility to petitioner in accordance
6    with this Section, the Illinois Marriage and Dissolution
7    of Marriage Act, the Illinois Parentage Act of 2015, and
8    this State's Uniform Child-Custody Jurisdiction and
9    Enforcement Act.
10        If a court finds, after a hearing, that respondent has
11    committed abuse (as defined in Section 103) of a minor
12    child, there shall be a rebuttable presumption that
13    awarding temporary significant decision-making
14    responsibility to respondent would not be in the child's
15    best interest.
16        (7) Parenting time. Determine the parenting time, if
17    any, of respondent in any case in which the court awards
18    physical care or allocates temporary significant
19    decision-making responsibility of a minor child to
20    petitioner. The court shall restrict or deny respondent's
21    parenting time with a minor child if the court finds that
22    respondent has done or is likely to do any of the
23    following: (i) abuse or endanger the minor child during
24    parenting time; (ii) use the parenting time as an
25    opportunity to abuse or harass petitioner or petitioner's
26    family or household members; (iii) improperly conceal or

 

 

HB2605- 433 -LRB103 26047 RLC 52402 b

1    detain the minor child; or (iv) otherwise act in a manner
2    that is not in the best interests of the minor child. The
3    court shall not be limited by the standards set forth in
4    Section 603.10 of the Illinois Marriage and Dissolution of
5    Marriage Act. If the court grants parenting time, the
6    order shall specify dates and times for the parenting time
7    to take place or other specific parameters or conditions
8    that are appropriate. No order for parenting time shall
9    refer merely to the term "reasonable parenting time".
10        Petitioner may deny respondent access to the minor
11    child if, when respondent arrives for parenting time,
12    respondent is under the influence of drugs or alcohol and
13    constitutes a threat to the safety and well-being of
14    petitioner or petitioner's minor children or is behaving
15    in a violent or abusive manner.
16        If necessary to protect any member of petitioner's
17    family or household from future abuse, respondent shall be
18    prohibited from coming to petitioner's residence to meet
19    the minor child for parenting time, and the parties shall
20    submit to the court their recommendations for reasonable
21    alternative arrangements for parenting time. A person may
22    be approved to supervise parenting time only after filing
23    an affidavit accepting that responsibility and
24    acknowledging accountability to the court.
25        (8) Removal or concealment of minor child. Prohibit
26    respondent from removing a minor child from the State or

 

 

HB2605- 434 -LRB103 26047 RLC 52402 b

1    concealing the child within the State.
2        (9) Order to appear. Order the respondent to appear in
3    court, alone or with a minor child, to prevent abuse,
4    neglect, removal or concealment of the child, to return
5    the child to the custody or care of the petitioner or to
6    permit any court-ordered interview or examination of the
7    child or the respondent.
8        (10) Possession of personal property. Grant petitioner
9    exclusive possession of personal property and, if
10    respondent has possession or control, direct respondent to
11    promptly make it available to petitioner, if:
12            (i) petitioner, but not respondent, owns the
13        property; or
14            (ii) the parties own the property jointly; sharing
15        it would risk abuse of petitioner by respondent or is
16        impracticable; and the balance of hardships favors
17        temporary possession by petitioner.
18        If petitioner's sole claim to ownership of the
19    property is that it is marital property, the court may
20    award petitioner temporary possession thereof under the
21    standards of subparagraph (ii) of this paragraph only if a
22    proper proceeding has been filed under the Illinois
23    Marriage and Dissolution of Marriage Act, as now or
24    hereafter amended.
25        No order under this provision shall affect title to
26    property.

 

 

HB2605- 435 -LRB103 26047 RLC 52402 b

1        (11) Protection of property. Forbid the respondent
2    from taking, transferring, encumbering, concealing,
3    damaging or otherwise disposing of any real or personal
4    property, except as explicitly authorized by the court,
5    if:
6            (i) petitioner, but not respondent, owns the
7        property; or
8            (ii) the parties own the property jointly, and the
9        balance of hardships favors granting this remedy.
10        If petitioner's sole claim to ownership of the
11    property is that it is marital property, the court may
12    grant petitioner relief under subparagraph (ii) of this
13    paragraph only if a proper proceeding has been filed under
14    the Illinois Marriage and Dissolution of Marriage Act, as
15    now or hereafter amended.
16        The court may further prohibit respondent from
17    improperly using the financial or other resources of an
18    aged member of the family or household for the profit or
19    advantage of respondent or of any other person.
20        (11.5) Protection of animals. Grant the petitioner the
21    exclusive care, custody, or control of any animal owned,
22    possessed, leased, kept, or held by either the petitioner
23    or the respondent or a minor child residing in the
24    residence or household of either the petitioner or the
25    respondent and order the respondent to stay away from the
26    animal and forbid the respondent from taking,

 

 

HB2605- 436 -LRB103 26047 RLC 52402 b

1    transferring, encumbering, concealing, harming, or
2    otherwise disposing of the animal.
3        (12) Order for payment of support. Order respondent to
4    pay temporary support for the petitioner or any child in
5    the petitioner's care or over whom the petitioner has been
6    allocated parental responsibility, when the respondent has
7    a legal obligation to support that person, in accordance
8    with the Illinois Marriage and Dissolution of Marriage
9    Act, which shall govern, among other matters, the amount
10    of support, payment through the clerk and withholding of
11    income to secure payment. An order for child support may
12    be granted to a petitioner with lawful physical care of a
13    child, or an order or agreement for physical care of a
14    child, prior to entry of an order allocating significant
15    decision-making responsibility. Such a support order shall
16    expire upon entry of a valid order allocating parental
17    responsibility differently and vacating the petitioner's
18    significant decision-making authority, unless otherwise
19    provided in the order.
20        (13) Order for payment of losses. Order respondent to
21    pay petitioner for losses suffered as a direct result of
22    the abuse, neglect, or exploitation. Such losses shall
23    include, but not be limited to, medical expenses, lost
24    earnings or other support, repair or replacement of
25    property damaged or taken, reasonable attorney's fees,
26    court costs and moving or other travel expenses, including

 

 

HB2605- 437 -LRB103 26047 RLC 52402 b

1    additional reasonable expenses for temporary shelter and
2    restaurant meals.
3            (i) Losses affecting family needs. If a party is
4        entitled to seek maintenance, child support or
5        property distribution from the other party under the
6        Illinois Marriage and Dissolution of Marriage Act, as
7        now or hereafter amended, the court may order
8        respondent to reimburse petitioner's actual losses, to
9        the extent that such reimbursement would be
10        "appropriate temporary relief", as authorized by
11        subsection (a)(3) of Section 501 of that Act.
12            (ii) Recovery of expenses. In the case of an
13        improper concealment or removal of a minor child, the
14        court may order respondent to pay the reasonable
15        expenses incurred or to be incurred in the search for
16        and recovery of the minor child, including but not
17        limited to legal fees, court costs, private
18        investigator fees, and travel costs.
19        (14) Prohibition of entry. Prohibit the respondent
20    from entering or remaining in the residence or household
21    while the respondent is under the influence of alcohol or
22    drugs and constitutes a threat to the safety and
23    well-being of the petitioner or the petitioner's children.
24        (14.5) Prohibition of firearm possession.
25            (a) Prohibit a respondent against whom an order of
26        protection was issued from possessing any firearms

 

 

HB2605- 438 -LRB103 26047 RLC 52402 b

1        during the duration of the order if the order:
2                (1) was issued after a hearing of which such
3            person received actual notice, and at which such
4            person had an opportunity to participate;
5                (2) restrains such person from harassing,
6            stalking, or threatening an intimate partner of
7            such person or child of such intimate partner or
8            person, or engaging in other conduct that would
9            place an intimate partner in reasonable fear of
10            bodily injury to the partner or child; and
11                (3)(i) includes a finding that such person
12            represents a credible threat to the physical
13            safety of such intimate partner or child; or (ii)
14            by its terms explicitly prohibits the use,
15            attempted use, or threatened use of physical force
16            against such intimate partner or child that would
17            reasonably be expected to cause bodily injury.
18        Any Firearm Owner's Identification Card in the
19        possession of the respondent, except as provided in
20        subsection (b), shall be ordered by the court to be
21        turned over to the local law enforcement agency. The
22        local law enforcement agency shall immediately mail
23        the card to the Illinois State Police Firearm Owner's
24        Identification Card Office for safekeeping. The court
25        shall issue a warrant for seizure of any firearm in the
26        possession of the respondent, to be kept by the local

 

 

HB2605- 439 -LRB103 26047 RLC 52402 b

1        law enforcement agency for safekeeping, except as
2        provided in subsection (b). The period of safekeeping
3        shall be for the duration of the order of protection.
4        The firearm or firearms and Firearm Owner's
5        Identification Card, if unexpired, shall at the
6        respondent's request, be returned to the respondent at
7        the end of the order of protection. It is the
8        respondent's responsibility to notify the Illinois
9        State Police Firearm Owner's Identification Card
10        Office.
11            (b) If the respondent is a peace officer as
12        defined in Section 2-13 of the Criminal Code of 2012,
13        the court shall order that any firearms used by the
14        respondent in the performance of his or her duties as a
15        peace officer be surrendered to the chief law
16        enforcement executive of the agency in which the
17        respondent is employed, who shall retain the firearms
18        for safekeeping for the duration of the order of
19        protection.
20            (c) Upon expiration of the period of safekeeping,
21        if the firearms or Firearm Owner's Identification Card
22        cannot be returned to respondent because respondent
23        cannot be located, fails to respond to requests to
24        retrieve the firearms, or is not lawfully eligible to
25        possess a firearm, upon petition from the local law
26        enforcement agency, the court may order the local law

 

 

HB2605- 440 -LRB103 26047 RLC 52402 b

1        enforcement agency to destroy the firearms, use the
2        firearms for training purposes, or for any other
3        application as deemed appropriate by the local law
4        enforcement agency; or that the firearms be turned
5        over to a third party who is lawfully eligible to
6        possess firearms, and who does not reside with
7        respondent.
8        (15) Prohibition of access to records. If an order of
9    protection prohibits respondent from having contact with
10    the minor child, or if petitioner's address is omitted
11    under subsection (b) of Section 203, or if necessary to
12    prevent abuse or wrongful removal or concealment of a
13    minor child, the order shall deny respondent access to,
14    and prohibit respondent from inspecting, obtaining, or
15    attempting to inspect or obtain, school or any other
16    records of the minor child who is in the care of
17    petitioner.
18        (16) Order for payment of shelter services. Order
19    respondent to reimburse a shelter providing temporary
20    housing and counseling services to the petitioner for the
21    cost of the services, as certified by the shelter and
22    deemed reasonable by the court.
23        (17) Order for injunctive relief. Enter injunctive
24    relief necessary or appropriate to prevent further abuse
25    of a family or household member or further abuse, neglect,
26    or exploitation of a high-risk adult with disabilities or

 

 

HB2605- 441 -LRB103 26047 RLC 52402 b

1    to effectuate one of the granted remedies, if supported by
2    the balance of hardships. If the harm to be prevented by
3    the injunction is abuse or any other harm that one of the
4    remedies listed in paragraphs (1) through (16) of this
5    subsection is designed to prevent, no further evidence is
6    necessary that the harm is an irreparable injury.
7        (18) Telephone services.
8            (A) Unless a condition described in subparagraph
9        (B) of this paragraph exists, the court may, upon
10        request by the petitioner, order a wireless telephone
11        service provider to transfer to the petitioner the
12        right to continue to use a telephone number or numbers
13        indicated by the petitioner and the financial
14        responsibility associated with the number or numbers,
15        as set forth in subparagraph (C) of this paragraph.
16        For purposes of this paragraph (18), the term
17        "wireless telephone service provider" means a provider
18        of commercial mobile service as defined in 47 U.S.C.
19        332. The petitioner may request the transfer of each
20        telephone number that the petitioner, or a minor child
21        in his or her custody, uses. The clerk of the court
22        shall serve the order on the wireless telephone
23        service provider's agent for service of process
24        provided to the Illinois Commerce Commission. The
25        order shall contain all of the following:
26                (i) The name and billing telephone number of

 

 

HB2605- 442 -LRB103 26047 RLC 52402 b

1            the account holder including the name of the
2            wireless telephone service provider that serves
3            the account.
4                (ii) Each telephone number that will be
5            transferred.
6                (iii) A statement that the provider transfers
7            to the petitioner all financial responsibility for
8            and right to the use of any telephone number
9            transferred under this paragraph.
10            (B) A wireless telephone service provider shall
11        terminate the respondent's use of, and shall transfer
12        to the petitioner use of, the telephone number or
13        numbers indicated in subparagraph (A) of this
14        paragraph unless it notifies the petitioner, within 72
15        hours after it receives the order, that one of the
16        following applies:
17                (i) The account holder named in the order has
18            terminated the account.
19                (ii) A difference in network technology would
20            prevent or impair the functionality of a device on
21            a network if the transfer occurs.
22                (iii) The transfer would cause a geographic or
23            other limitation on network or service provision
24            to the petitioner.
25                (iv) Another technological or operational
26            issue would prevent or impair the use of the

 

 

HB2605- 443 -LRB103 26047 RLC 52402 b

1            telephone number if the transfer occurs.
2            (C) The petitioner assumes all financial
3        responsibility for and right to the use of any
4        telephone number transferred under this paragraph. In
5        this paragraph, "financial responsibility" includes
6        monthly service costs and costs associated with any
7        mobile device associated with the number.
8            (D) A wireless telephone service provider may
9        apply to the petitioner its routine and customary
10        requirements for establishing an account or
11        transferring a number, including requiring the
12        petitioner to provide proof of identification,
13        financial information, and customer preferences.
14            (E) Except for willful or wanton misconduct, a
15        wireless telephone service provider is immune from
16        civil liability for its actions taken in compliance
17        with a court order issued under this paragraph.
18            (F) All wireless service providers that provide
19        services to residential customers shall provide to the
20        Illinois Commerce Commission the name and address of
21        an agent for service of orders entered under this
22        paragraph (18). Any change in status of the registered
23        agent must be reported to the Illinois Commerce
24        Commission within 30 days of such change.
25            (G) The Illinois Commerce Commission shall
26        maintain the list of registered agents for service for

 

 

HB2605- 444 -LRB103 26047 RLC 52402 b

1        each wireless telephone service provider on the
2        Commission's website. The Commission may consult with
3        wireless telephone service providers and the Circuit
4        Court Clerks on the manner in which this information
5        is provided and displayed.
6    (c) Relevant factors; findings.
7        (1) In determining whether to grant a specific remedy,
8    other than payment of support, the court shall consider
9    relevant factors, including but not limited to the
10    following:
11            (i) the nature, frequency, severity, pattern and
12        consequences of the respondent's past abuse, neglect
13        or exploitation of the petitioner or any family or
14        household member, including the concealment of his or
15        her location in order to evade service of process or
16        notice, and the likelihood of danger of future abuse,
17        neglect, or exploitation to petitioner or any member
18        of petitioner's or respondent's family or household;
19        and
20            (ii) the danger that any minor child will be
21        abused or neglected or improperly relocated from the
22        jurisdiction, improperly concealed within the State or
23        improperly separated from the child's primary
24        caretaker.
25        (2) In comparing relative hardships resulting to the
26    parties from loss of possession of the family home, the

 

 

HB2605- 445 -LRB103 26047 RLC 52402 b

1    court shall consider relevant factors, including but not
2    limited to the following:
3            (i) availability, accessibility, cost, safety,
4        adequacy, location and other characteristics of
5        alternate housing for each party and any minor child
6        or dependent adult in the party's care;
7            (ii) the effect on the party's employment; and
8            (iii) the effect on the relationship of the party,
9        and any minor child or dependent adult in the party's
10        care, to family, school, church and community.
11        (3) Subject to the exceptions set forth in paragraph
12    (4) of this subsection, the court shall make its findings
13    in an official record or in writing, and shall at a minimum
14    set forth the following:
15            (i) That the court has considered the applicable
16        relevant factors described in paragraphs (1) and (2)
17        of this subsection.
18            (ii) Whether the conduct or actions of respondent,
19        unless prohibited, will likely cause irreparable harm
20        or continued abuse.
21            (iii) Whether it is necessary to grant the
22        requested relief in order to protect petitioner or
23        other alleged abused persons.
24        (4) For purposes of issuing an ex parte emergency
25    order of protection, the court, as an alternative to or as
26    a supplement to making the findings described in

 

 

HB2605- 446 -LRB103 26047 RLC 52402 b

1    paragraphs (c)(3)(i) through (c)(3)(iii) of this
2    subsection, may use the following procedure:
3        When a verified petition for an emergency order of
4    protection in accordance with the requirements of Sections
5    203 and 217 is presented to the court, the court shall
6    examine petitioner on oath or affirmation. An emergency
7    order of protection shall be issued by the court if it
8    appears from the contents of the petition and the
9    examination of petitioner that the averments are
10    sufficient to indicate abuse by respondent and to support
11    the granting of relief under the issuance of the emergency
12    order of protection.
13        (5) Never married parties. No rights or
14    responsibilities for a minor child born outside of
15    marriage attach to a putative father until a father and
16    child relationship has been established under the Illinois
17    Parentage Act of 1984, the Illinois Parentage Act of 2015,
18    the Illinois Public Aid Code, Section 12 of the Vital
19    Records Act, the Juvenile Court Act of 1987, the Probate
20    Act of 1975, the Revised Uniform Reciprocal Enforcement of
21    Support Act, the Uniform Interstate Family Support Act,
22    the Expedited Child Support Act of 1990, any judicial,
23    administrative, or other act of another state or
24    territory, any other Illinois statute, or by any foreign
25    nation establishing the father and child relationship, any
26    other proceeding substantially in conformity with the

 

 

HB2605- 447 -LRB103 26047 RLC 52402 b

1    Personal Responsibility and Work Opportunity
2    Reconciliation Act of 1996 (Pub. L. 104-193), or where
3    both parties appeared in open court or at an
4    administrative hearing acknowledging under oath or
5    admitting by affirmation the existence of a father and
6    child relationship. Absent such an adjudication, finding,
7    or acknowledgment, no putative father shall be granted
8    temporary allocation of parental responsibilities,
9    including parenting time with the minor child, or physical
10    care and possession of the minor child, nor shall an order
11    of payment for support of the minor child be entered.
12    (d) Balance of hardships; findings. If the court finds
13that the balance of hardships does not support the granting of
14a remedy governed by paragraph (2), (3), (10), (11), or (16) of
15subsection (b) of this Section, which may require such
16balancing, the court's findings shall so indicate and shall
17include a finding as to whether granting the remedy will
18result in hardship to respondent that would substantially
19outweigh the hardship to petitioner from denial of the remedy.
20The findings shall be an official record or in writing.
21    (e) Denial of remedies. Denial of any remedy shall not be
22based, in whole or in part, on evidence that:
23        (1) Respondent has cause for any use of force, unless
24    that cause satisfies the standards for justifiable use of
25    force provided by Article 7 of the Criminal Code of 2012;
26        (2) Respondent was voluntarily intoxicated;

 

 

HB2605- 448 -LRB103 26047 RLC 52402 b

1        (3) Petitioner acted in self-defense or defense of
2    another, provided that, if petitioner utilized force, such
3    force was justifiable under Article 7 of the Criminal Code
4    of 2012;
5        (4) Petitioner did not act in self-defense or defense
6    of another;
7        (5) Petitioner left the residence or household to
8    avoid further abuse, neglect, or exploitation by
9    respondent;
10        (6) Petitioner did not leave the residence or
11    household to avoid further abuse, neglect, or exploitation
12    by respondent;
13        (7) Conduct by any family or household member excused
14    the abuse, neglect, or exploitation by respondent, unless
15    that same conduct would have excused such abuse, neglect,
16    or exploitation if the parties had not been family or
17    household members.
18(Source: P.A. 102-538, eff. 8-20-21.)
 
19    Section 110. The Uniform Disposition of Unclaimed Property
20Act is amended by changing Section 1 as follows:
 
21    (765 ILCS 1025/1)  (from Ch. 141, par. 101)
22    Sec. 1. As used in this Act, unless the context otherwise
23requires:
24    (a) "Banking organization" means any bank, trust company,

 

 

HB2605- 449 -LRB103 26047 RLC 52402 b

1savings bank, industrial bank, land bank, safe deposit
2company, or a private banker.
3    (b) "Business association" means any corporation, joint
4stock company, business trust, partnership, or any
5association, limited liability company, or other business
6entity consisting of one or more persons, whether or not for
7profit.
8    (c) "Financial organization" means any savings and loan
9association, building and loan association, credit union,
10currency exchange, co-operative bank, mutual funds, or
11investment company.
12    (d) "Holder" means any person in possession of property
13subject to this Act belonging to another, or who is trustee in
14case of a trust, or is indebted to another on an obligation
15subject to this Act.
16    (e) "Life insurance corporation" means any association or
17corporation transacting the business of insurance on the lives
18of persons or insurance appertaining thereto, including, but
19not by way of limitation, endowments and annuities.
20    (f) "Owner" means a depositor in case of a deposit, a
21beneficiary in case of a trust, a creditor, claimant, or payee
22in case of other property, or any person having a legal or
23equitable interest in property subject to this Act, or his
24legal representative.
25    (g) "Person" means any individual, business association,
26financial organization, government or political subdivision or

 

 

HB2605- 450 -LRB103 26047 RLC 52402 b

1agency, public authority, estate, trust, or any other legal or
2commercial entity.
3    (h) "Utility" means any person who owns or operates, for
4public use, any plant, equipment, property, franchise, or
5license for the transmission of communications or the
6production, storage, transmission, sale, delivery, or
7furnishing of electricity, water, steam, oil or gas.
8    (i) (Blank).
9    (j) "Insurance company" means any person transacting the
10kinds of business enumerated in Section 4 of the Illinois
11Insurance Code other than life insurance.
12    (k) "Economic loss", as used in Sections 2a and 9 of this
13Act includes, but is not limited to, delivery charges,
14mark-downs and write-offs, carrying costs, restocking charges,
15lay-aways, special orders, issuance of credit memos, and the
16costs of special services or goods provided that reduce the
17property value or that result in lost sales opportunity.
18    (l) "Reportable property" means property, tangible or
19intangible, presumed abandoned under this Act that must be
20appropriately and timely reported and remitted to the Office
21of the State Treasurer under this Act. Interest, dividends,
22stock splits, warrants, or other rights that become reportable
23property under this Act include the underlying security or
24commodity giving rise to the interest, dividend, split,
25warrant, or other right to which the owner would be entitled.
26    (m) "Firearm" has the meaning ascribed to that term in

 

 

HB2605- 451 -LRB103 26047 RLC 52402 b

1Section 2-7.5 of the Criminal Code of 2012 the Firearm Owners
2Identification Card Act.
3(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99;
491-748, eff. 6-2-00.)
 
5    Section 115. The Revised Uniform Unclaimed Property Act is
6amended by changing Section 15-705 as follows:
 
7    (765 ILCS 1026/15-705)
8    Sec. 15-705. Exceptions to the sale of tangible property.
9The administrator shall dispose of tangible property
10identified by this Section in accordance with this Section.
11    (a) Military medals or decorations. The administrator may
12not sell a medal or decoration awarded for military service in
13the armed forces of the United States. Instead, the
14administrator, with the consent of the respective organization
15under paragraph (1), agency under paragraph (2), or entity
16under paragraph (3), may deliver a medal or decoration to be
17held in custody for the owner, to:
18        (1) a military veterans organization qualified under
19    Section 501(c)(19) of the Internal Revenue Code;
20        (2) the agency that awarded the medal or decoration;
21    or
22        (3) a governmental entity.
23    After delivery, the administrator is not responsible for
24the safekeeping of the medal or decoration.

 

 

HB2605- 452 -LRB103 26047 RLC 52402 b

1    (b) Property with historical value. Property that the
2administrator reasonably believes may have historical value
3may be, at his or her discretion, loaned to an accredited
4museum in the United States where it will be kept until such
5time as the administrator orders it to be returned to his or
6her custody.
7    (c) Human remains. If human remains are delivered to the
8administrator under this Act, the administrator shall deliver
9those human remains to the coroner of the county in which the
10human remains were abandoned for disposition under Section
113-3034 of the Counties Code. The only human remains that may be
12delivered to the administrator under this Act and that the
13administrator may receive are those that are reported and
14delivered as contents of a safe deposit box.
15    (d) Evidence in a criminal investigation. Property that
16may have been used in the commission of a crime or that may
17assist in the investigation of a crime, as determined after
18consulting with the Illinois State Police, shall be delivered
19to the Illinois State Police or other appropriate law
20enforcement authority to allow law enforcement to determine
21whether a criminal investigation should take place. Any such
22property delivered to a law enforcement authority shall be
23held in accordance with existing statutes and rules related to
24the gathering, retention, and release of evidence.
25    (e) Firearms.
26        (1) The administrator, in cooperation with the

 

 

HB2605- 453 -LRB103 26047 RLC 52402 b

1    Illinois State Police, shall develop a procedure to
2    determine whether a firearm delivered to the administrator
3    under this Act has been stolen or used in the commission of
4    a crime. The Illinois State Police shall determine the
5    appropriate disposition of a firearm that has been stolen
6    or used in the commission of a crime. The administrator
7    shall attempt to return a firearm that has not been stolen
8    or used in the commission of a crime to the rightful owner
9    if the Illinois State Police determines that the owner may
10    lawfully possess the firearm.
11        (2) If the administrator is unable to return a firearm
12    to its owner, the administrator shall transfer custody of
13    the firearm to the Illinois State Police. Legal title to a
14    firearm transferred to the Illinois State Police under
15    this subsection (e) is vested in the Illinois State Police
16    by operation of law if:
17            (i) the administrator cannot locate the owner of
18        the firearm;
19            (ii) the owner of the firearm may not lawfully
20        possess the firearm;
21            (iii) the apparent owner does not respond to
22        notice published under Section 15-503 of this Act; or
23            (iv) the apparent owner responds to notice
24        published under Section 15-502 and states that he or
25        she no longer claims an interest in the firearm.
26        (3) With respect to a firearm whose title is

 

 

HB2605- 454 -LRB103 26047 RLC 52402 b

1    transferred to the Illinois State Police under this
2    subsection (e), the Illinois State Police may:
3            (i) retain the firearm for use by the crime
4        laboratory system, for training purposes, or for any
5        other application as deemed appropriate by the
6        Department;
7            (ii) transfer the firearm to the Illinois State
8        Museum if the firearm has historical value; or
9            (iii) destroy the firearm if it is not retained
10        pursuant to subparagraph (i) or transferred pursuant
11        to subparagraph (ii).
12    As used in this subsection, "firearm" has the meaning
13provided in Section 2-7.5 of the Criminal Code of 2012 the
14Firearm Owners Identification Card Act.
15(Source: P.A. 102-538, eff. 8-20-21.)
 
16    Section 195. No acceleration or delay. Where this Act
17makes changes in a statute that is represented in this Act by
18text that is not yet or no longer in effect (for example, a
19Section represented by multiple versions), the use of that
20text does not accelerate or delay the taking effect of (i) the
21changes made by this Act or (ii) provisions derived from any
22other Public Act.
 
23    Section 999. Effective date. This Act takes effect upon
24becoming law.

 

 

HB2605- 455 -LRB103 26047 RLC 52402 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 120/2from Ch. 102, par. 42
4    5 ILCS 140/7.5
5    5 ILCS 805/15
6    5 ILCS 830/10-5
7    5 ILCS 840/40
8    20 ILCS 2605/2605-10was 20 ILCS 2605/55a in part
9    20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
10    20 ILCS 2605/2605-200was 20 ILCS 2605/55a in part
11    20 ILCS 2605/2605-595
12    20 ILCS 2605/2605-120 rep.
13    20 ILCS 2605/2605-304 rep.
14    20 ILCS 2630/2.2
15    20 ILCS 3930/7.9
16    30 ILCS 105/6z-99
17    30 ILCS 105/6z-127
18    30 ILCS 500/1-10
19    30 ILCS 715/3from Ch. 56 1/2, par. 1703
20    50 ILCS 710/1from Ch. 85, par. 515
21    105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
22    105 ILCS 5/10-27.1A
23    105 ILCS 5/34-8.05
24    225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
25    225 ILCS 447/35-30

 

 

HB2605- 456 -LRB103 26047 RLC 52402 b

1    225 ILCS 447/35-35
2    405 ILCS 5/1-106from Ch. 91 1/2, par. 1-106
3    405 ILCS 5/1-116from Ch. 91 1/2, par. 1-116
4    405 ILCS 5/6-103.1
5    405 ILCS 5/6-103.2
6    405 ILCS 5/6-103.3
7    410 ILCS 45/2from Ch. 111 1/2, par. 1302
8    430 ILCS 65/Act rep.
9    430 ILCS 66/25
10    430 ILCS 66/30
11    430 ILCS 66/40
12    430 ILCS 66/66
13    430 ILCS 66/70
14    430 ILCS 66/80
15    430 ILCS 66/105
16    430 ILCS 67/35
17    430 ILCS 67/40
18    430 ILCS 68/5-20
19    430 ILCS 68/5-25
20    430 ILCS 68/5-40
21    430 ILCS 68/5-85
22    520 ILCS 5/3.2from Ch. 61, par. 3.2
23    520 ILCS 5/3.2afrom Ch. 61, par. 3.2a
24    720 ILCS 5/2-7.1
25    720 ILCS 5/2-7.5
26    720 ILCS 5/12-3.05was 720 ILCS 5/12-4

 

 

HB2605- 457 -LRB103 26047 RLC 52402 b

1    720 ILCS 5/16-0.1
2    720 ILCS 5/17-30was 720 ILCS 5/16C-2
3    720 ILCS 5/24-1from Ch. 38, par. 24-1
4    720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
5    720 ILCS 5/24-1.6
6    720 ILCS 5/24-1.8
7    720 ILCS 5/24-1.9
8    720 ILCS 5/24-1.10
9    720 ILCS 5/24-2
10    720 ILCS 5/24-3from Ch. 38, par. 24-3
11    720 ILCS 5/24-3.1from Ch. 38, par. 24-3.1
12    720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2
13    720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4
14    720 ILCS 5/24-3.5
15    720 ILCS 5/24-3B
16    720 ILCS 5/24-4.1
17    720 ILCS 5/24-4.5 new
18    720 ILCS 5/24-5.1
19    720 ILCS 5/24-9
20    720 ILCS 646/10
21    725 ILCS 5/102-7.1
22    725 ILCS 5/110-10from Ch. 38, par. 110-10
23    725 ILCS 5/112A-11.1
24    725 ILCS 5/112A-11.2
25    725 ILCS 5/112A-14from Ch. 38, par. 112A-14
26    725 ILCS 5/112A-14.7

 

 

HB2605- 458 -LRB103 26047 RLC 52402 b

1    730 ILCS 5/5-4.5-110
2    730 ILCS 5/5-5-3
3    730 ILCS 5/5-5-3.2
4    730 ILCS 5/5-6-3from Ch. 38, par. 1005-6-3
5    740 ILCS 21/80
6    740 ILCS 110/12from Ch. 91 1/2, par. 812
7    750 ILCS 60/210from Ch. 40, par. 2312-10
8    750 ILCS 60/214from Ch. 40, par. 2312-14
9    765 ILCS 1025/1from Ch. 141, par. 101
10    765 ILCS 1026/15-705