103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4372

 

Introduced 1/16/2024, by Rep. Adam M. Niemerg

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/7.5
430 ILCS 65/8  from Ch. 38, par. 83-8
430 ILCS 65/4.1 rep.
430 ILCS 67/40
430 ILCS 67/45
430 ILCS 67/55
720 ILCS 5/24-1  from Ch. 38, par. 24-1
720 ILCS 5/24-1.9 rep.
720 ILCS 5/24-1.10 rep.

    Repeals the provisions of Public Act 102-1116 that make amendatory changes to the Firearms Restraining Order Act that provide that a petitioner for a firearms restraining order may request a plenary firearms restraining order of up to one-year, but not less than 6 months (restores the 6 months provision). Repeals provisions that the firearms restraining order may be renewed for an additional period of up to one year. Repeals amendatory provisions of the Criminal Code of 2012 making it unlawful, beginning January 1, 2024, for any person within the State to knowingly possess an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge, with exemptions. Repeals provisions that make it unlawful for any person within the State to knowingly manufacture, deliver, sell, purchase, or cause to be manufactured, delivered, sold, or purchased a large capacity ammunition feeding device, with specified exemptions. Repeals amendatory provisions of the Criminal Code of 2012 that prohibit the manufacture, possession, sale, or offer to sell, purchase, manufacture, import, transfer, or use any device, part, kit, tool, accessory, or combination of parts that is designed to and functions to increase the rate of fire of a semiautomatic firearm above the standard rate of fire for semiautomatic firearms that is not equipped with that device, part, or combination of parts. Repeals amendatory provisions of the Freedom of Information Act that exempt from disclosure under the Act certain information concerning assault weapons endorsements received by the Illinois State Police. Effective immediately.


LRB103 35350 RLC 65414 b

 

 

A BILL FOR

 

HB4372LRB103 35350 RLC 65414 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5changing Section 7.5 as follows:
 
6    (5 ILCS 140/7.5)
7    (Text of Section before amendment by P.A. 103-472)
8    Sec. 7.5. Statutory exemptions. To the extent provided for
9by the statutes referenced below, the following shall be
10exempt from inspection and copying:
11        (a) All information determined to be confidential
12    under Section 4002 of the Technology Advancement and
13    Development Act.
14        (b) Library circulation and order records identifying
15    library users with specific materials under the Library
16    Records Confidentiality Act.
17        (c) Applications, related documents, and medical
18    records received by the Experimental Organ Transplantation
19    Procedures Board and any and all documents or other
20    records prepared by the Experimental Organ Transplantation
21    Procedures Board or its staff relating to applications it
22    has received.
23        (d) Information and records held by the Department of

 

 

HB4372- 2 -LRB103 35350 RLC 65414 b

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

 

 

HB4372- 3 -LRB103 35350 RLC 65414 b

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

 

 

HB4372- 4 -LRB103 35350 RLC 65414 b

1    2705-616 of the Department of Transportation Law of the
2    Civil Administrative Code of Illinois, the Regional
3    Transportation Authority under Section 2.11 of the
4    Regional Transportation Authority Act, or the St. Clair
5    County Transit District under the Bi-State Transit Safety
6    Act (repealed).
7        (q) Information prohibited from being disclosed by the
8    Personnel Record Review Act.
9        (r) Information prohibited from being disclosed by the
10    Illinois School Student Records Act.
11        (s) Information the disclosure of which is restricted
12    under Section 5-108 of the Public Utilities Act.
13        (t) (Blank).
14        (u) Records and information provided to an independent
15    team of experts under the Developmental Disability and
16    Mental Health Safety Act (also known as Brian's Law).
17        (v) Names and information of people who have applied
18    for or received Firearm Owner's Identification Cards under
19    the Firearm Owners Identification Card Act or applied for
20    or received a concealed carry license under the Firearm
21    Concealed Carry Act, unless otherwise authorized by the
22    Firearm Concealed Carry Act; and databases under the
23    Firearm Concealed Carry Act, records of the Concealed
24    Carry Licensing Review Board under the Firearm Concealed
25    Carry Act, and law enforcement agency objections under the
26    Firearm Concealed Carry Act.

 

 

HB4372- 5 -LRB103 35350 RLC 65414 b

1        (v-5) Records of the Firearm Owner's Identification
2    Card Review Board that are exempted from disclosure under
3    Section 10 of the Firearm Owners Identification Card Act.
4        (w) Personally identifiable information which is
5    exempted from disclosure under subsection (g) of Section
6    19.1 of the Toll Highway Act.
7        (x) Information which is exempted from disclosure
8    under Section 5-1014.3 of the Counties Code or Section
9    8-11-21 of the Illinois Municipal Code.
10        (y) Confidential information under the Adult
11    Protective Services Act and its predecessor enabling
12    statute, the Elder Abuse and Neglect Act, including
13    information about the identity and administrative finding
14    against any caregiver of a verified and substantiated
15    decision of abuse, neglect, or financial exploitation of
16    an eligible adult maintained in the Registry established
17    under Section 7.5 of the Adult Protective Services Act.
18        (z) Records and information provided to a fatality
19    review team or the Illinois Fatality Review Team Advisory
20    Council under Section 15 of the Adult Protective Services
21    Act.
22        (aa) Information which is exempted from disclosure
23    under Section 2.37 of the Wildlife Code.
24        (bb) Information which is or was prohibited from
25    disclosure by the Juvenile Court Act of 1987.
26        (cc) Recordings made under the Law Enforcement

 

 

HB4372- 6 -LRB103 35350 RLC 65414 b

1    Officer-Worn Body Camera Act, except to the extent
2    authorized under that Act.
3        (dd) Information that is prohibited from being
4    disclosed under Section 45 of the Condominium and Common
5    Interest Community Ombudsperson Act.
6        (ee) Information that is exempted from disclosure
7    under Section 30.1 of the Pharmacy Practice Act.
8        (ff) Information that is exempted from disclosure
9    under the Revised Uniform Unclaimed Property Act.
10        (gg) Information that is prohibited from being
11    disclosed under Section 7-603.5 of the Illinois Vehicle
12    Code.
13        (hh) Records that are exempt from disclosure under
14    Section 1A-16.7 of the Election Code.
15        (ii) Information which is exempted from disclosure
16    under Section 2505-800 of the Department of Revenue Law of
17    the Civil Administrative Code of Illinois.
18        (jj) Information and reports that are required to be
19    submitted to the Department of Labor by registering day
20    and temporary labor service agencies but are exempt from
21    disclosure under subsection (a-1) of Section 45 of the Day
22    and Temporary Labor Services Act.
23        (kk) Information prohibited from disclosure under the
24    Seizure and Forfeiture Reporting Act.
25        (ll) Information the disclosure of which is restricted
26    and exempted under Section 5-30.8 of the Illinois Public

 

 

HB4372- 7 -LRB103 35350 RLC 65414 b

1    Aid Code.
2        (mm) Records that are exempt from disclosure under
3    Section 4.2 of the Crime Victims Compensation Act.
4        (nn) Information that is exempt from disclosure under
5    Section 70 of the Higher Education Student Assistance Act.
6        (oo) Communications, notes, records, and reports
7    arising out of a peer support counseling session
8    prohibited from disclosure under the First Responders
9    Suicide Prevention Act.
10        (pp) Names and all identifying information relating to
11    an employee of an emergency services provider or law
12    enforcement agency under the First Responders Suicide
13    Prevention Act.
14        (qq) Information and records held by the Department of
15    Public Health and its authorized representatives collected
16    under the Reproductive Health Act.
17        (rr) Information that is exempt from disclosure under
18    the Cannabis Regulation and Tax Act.
19        (ss) Data reported by an employer to the Department of
20    Human Rights pursuant to Section 2-108 of the Illinois
21    Human Rights Act.
22        (tt) Recordings made under the Children's Advocacy
23    Center Act, except to the extent authorized under that
24    Act.
25        (uu) Information that is exempt from disclosure under
26    Section 50 of the Sexual Assault Evidence Submission Act.

 

 

HB4372- 8 -LRB103 35350 RLC 65414 b

1        (vv) Information that is exempt from disclosure under
2    subsections (f) and (j) of Section 5-36 of the Illinois
3    Public Aid Code.
4        (ww) Information that is exempt from disclosure under
5    Section 16.8 of the State Treasurer Act.
6        (xx) Information that is exempt from disclosure or
7    information that shall not be made public under the
8    Illinois Insurance Code.
9        (yy) Information prohibited from being disclosed under
10    the Illinois Educational Labor Relations Act.
11        (zz) Information prohibited from being disclosed under
12    the Illinois Public Labor Relations Act.
13        (aaa) Information prohibited from being disclosed
14    under Section 1-167 of the Illinois Pension Code.
15        (bbb) Information that is prohibited from disclosure
16    by the Illinois Police Training Act and the Illinois State
17    Police Act.
18        (ccc) Records exempt from disclosure under Section
19    2605-304 of the Illinois State Police Law of the Civil
20    Administrative Code of Illinois.
21        (ddd) Information prohibited from being disclosed
22    under Section 35 of the Address Confidentiality for
23    Victims of Domestic Violence, Sexual Assault, Human
24    Trafficking, or Stalking Act.
25        (eee) Information prohibited from being disclosed
26    under subsection (b) of Section 75 of the Domestic

 

 

HB4372- 9 -LRB103 35350 RLC 65414 b

1    Violence Fatality Review Act.
2        (fff) Images from cameras under the Expressway Camera
3    Act. This subsection (fff) is inoperative on and after
4    July 1, 2025.
5        (ggg) Information prohibited from disclosure under
6    paragraph (3) of subsection (a) of Section 14 of the Nurse
7    Agency Licensing Act.
8        (hhh) (Blank). Information submitted to the Illinois
9    State Police in an affidavit or application for an assault
10    weapon endorsement, assault weapon attachment endorsement,
11    .50 caliber rifle endorsement, or .50 caliber cartridge
12    endorsement under the Firearm Owners Identification Card
13    Act.
14        (iii) Data exempt from disclosure under Section 50 of
15    the School Safety Drill Act.
16        (jjj) (hhh) Information exempt from disclosure under
17    Section 30 of the Insurance Data Security Law.
18        (kkk) (iii) Confidential business information
19    prohibited from disclosure under Section 45 of the Paint
20    Stewardship Act.
21(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
22102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
238-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
24102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
256-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
26eff. 1-1-24; 103-508, eff. 8-4-23; revised 9-5-23.)
 

 

 

HB4372- 10 -LRB103 35350 RLC 65414 b

1    (Text of Section after amendment by P.A. 103-472)
2    Sec. 7.5. Statutory exemptions. To the extent provided for
3by the statutes referenced below, the following shall be
4exempt from inspection and copying:
5        (a) All information determined to be confidential
6    under Section 4002 of the Technology Advancement and
7    Development Act.
8        (b) Library circulation and order records identifying
9    library users with specific materials under the Library
10    Records Confidentiality Act.
11        (c) Applications, related documents, and medical
12    records received by the Experimental Organ Transplantation
13    Procedures Board and any and all documents or other
14    records prepared by the Experimental Organ Transplantation
15    Procedures Board or its staff relating to applications it
16    has received.
17        (d) Information and records held by the Department of
18    Public Health and its authorized representatives relating
19    to known or suspected cases of sexually transmissible
20    disease or any information the disclosure of which is
21    restricted under the Illinois Sexually Transmissible
22    Disease Control Act.
23        (e) Information the disclosure of which is exempted
24    under Section 30 of the Radon Industry Licensing Act.
25        (f) Firm performance evaluations under Section 55 of

 

 

HB4372- 11 -LRB103 35350 RLC 65414 b

1    the Architectural, Engineering, and Land Surveying
2    Qualifications Based Selection Act.
3        (g) Information the disclosure of which is restricted
4    and exempted under Section 50 of the Illinois Prepaid
5    Tuition Act.
6        (h) Information the disclosure of which is exempted
7    under the State Officials and Employees Ethics Act, and
8    records of any lawfully created State or local inspector
9    general's office that would be exempt if created or
10    obtained by an Executive Inspector General's office under
11    that Act.
12        (i) Information contained in a local emergency energy
13    plan submitted to a municipality in accordance with a
14    local emergency energy plan ordinance that is adopted
15    under Section 11-21.5-5 of the Illinois Municipal Code.
16        (j) Information and data concerning the distribution
17    of surcharge moneys collected and remitted by carriers
18    under the Emergency Telephone System Act.
19        (k) Law enforcement officer identification information
20    or driver identification information compiled by a law
21    enforcement agency or the Department of Transportation
22    under Section 11-212 of the Illinois Vehicle Code.
23        (l) Records and information provided to a residential
24    health care facility resident sexual assault and death
25    review team or the Executive Council under the Abuse
26    Prevention Review Team Act.

 

 

HB4372- 12 -LRB103 35350 RLC 65414 b

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

 

 

HB4372- 13 -LRB103 35350 RLC 65414 b

1        (r) Information prohibited from being disclosed by the
2    Illinois School Student Records Act.
3        (s) Information the disclosure of which is restricted
4    under Section 5-108 of the Public Utilities Act.
5        (t) (Blank).
6        (u) Records and information provided to an independent
7    team of experts under the Developmental Disability and
8    Mental Health Safety Act (also known as Brian's Law).
9        (v) Names and information of people who have applied
10    for or received Firearm Owner's Identification Cards under
11    the Firearm Owners Identification Card Act or applied for
12    or received a concealed carry license under the Firearm
13    Concealed Carry Act, unless otherwise authorized by the
14    Firearm Concealed Carry Act; and databases under the
15    Firearm Concealed Carry Act, records of the Concealed
16    Carry Licensing Review Board under the Firearm Concealed
17    Carry Act, and law enforcement agency objections under the
18    Firearm Concealed Carry Act.
19        (v-5) Records of the Firearm Owner's Identification
20    Card Review Board that are exempted from disclosure under
21    Section 10 of the Firearm Owners Identification Card Act.
22        (w) Personally identifiable information which is
23    exempted from disclosure under subsection (g) of Section
24    19.1 of the Toll Highway Act.
25        (x) Information which is exempted from disclosure
26    under Section 5-1014.3 of the Counties Code or Section

 

 

HB4372- 14 -LRB103 35350 RLC 65414 b

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

 

 

HB4372- 15 -LRB103 35350 RLC 65414 b

1    under the Revised Uniform Unclaimed Property Act.
2        (gg) Information that is prohibited from being
3    disclosed under Section 7-603.5 of the Illinois Vehicle
4    Code.
5        (hh) Records that are exempt from disclosure under
6    Section 1A-16.7 of the Election Code.
7        (ii) Information which is exempted from disclosure
8    under Section 2505-800 of the Department of Revenue Law of
9    the Civil Administrative Code of Illinois.
10        (jj) Information and reports that are required to be
11    submitted to the Department of Labor by registering day
12    and temporary labor service agencies but are exempt from
13    disclosure under subsection (a-1) of Section 45 of the Day
14    and Temporary Labor Services Act.
15        (kk) Information prohibited from disclosure under the
16    Seizure and Forfeiture Reporting Act.
17        (ll) Information the disclosure of which is restricted
18    and exempted under Section 5-30.8 of the Illinois Public
19    Aid Code.
20        (mm) Records that are exempt from disclosure under
21    Section 4.2 of the Crime Victims Compensation Act.
22        (nn) Information that is exempt from disclosure under
23    Section 70 of the Higher Education Student Assistance Act.
24        (oo) Communications, notes, records, and reports
25    arising out of a peer support counseling session
26    prohibited from disclosure under the First Responders

 

 

HB4372- 16 -LRB103 35350 RLC 65414 b

1    Suicide Prevention Act.
2        (pp) Names and all identifying information relating to
3    an employee of an emergency services provider or law
4    enforcement agency under the First Responders Suicide
5    Prevention Act.
6        (qq) Information and records held by the Department of
7    Public Health and its authorized representatives collected
8    under the Reproductive Health Act.
9        (rr) Information that is exempt from disclosure under
10    the Cannabis Regulation and Tax Act.
11        (ss) Data reported by an employer to the Department of
12    Human Rights pursuant to Section 2-108 of the Illinois
13    Human Rights Act.
14        (tt) Recordings made under the Children's Advocacy
15    Center Act, except to the extent authorized under that
16    Act.
17        (uu) Information that is exempt from disclosure under
18    Section 50 of the Sexual Assault Evidence Submission Act.
19        (vv) Information that is exempt from disclosure under
20    subsections (f) and (j) of Section 5-36 of the Illinois
21    Public Aid Code.
22        (ww) Information that is exempt from disclosure under
23    Section 16.8 of the State Treasurer Act.
24        (xx) Information that is exempt from disclosure or
25    information that shall not be made public under the
26    Illinois Insurance Code.

 

 

HB4372- 17 -LRB103 35350 RLC 65414 b

1        (yy) Information prohibited from being disclosed under
2    the Illinois Educational Labor Relations Act.
3        (zz) Information prohibited from being disclosed under
4    the Illinois Public Labor Relations Act.
5        (aaa) Information prohibited from being disclosed
6    under Section 1-167 of the Illinois Pension Code.
7        (bbb) Information that is prohibited from disclosure
8    by the Illinois Police Training Act and the Illinois State
9    Police Act.
10        (ccc) Records exempt from disclosure under Section
11    2605-304 of the Illinois State Police Law of the Civil
12    Administrative Code of Illinois.
13        (ddd) Information prohibited from being disclosed
14    under Section 35 of the Address Confidentiality for
15    Victims of Domestic Violence, Sexual Assault, Human
16    Trafficking, or Stalking Act.
17        (eee) Information prohibited from being disclosed
18    under subsection (b) of Section 75 of the Domestic
19    Violence Fatality Review Act.
20        (fff) Images from cameras under the Expressway Camera
21    Act. This subsection (fff) is inoperative on and after
22    July 1, 2025.
23        (ggg) Information prohibited from disclosure under
24    paragraph (3) of subsection (a) of Section 14 of the Nurse
25    Agency Licensing Act.
26        (hhh) (Blank). Information submitted to the Illinois

 

 

HB4372- 18 -LRB103 35350 RLC 65414 b

1    State Police in an affidavit or application for an assault
2    weapon endorsement, assault weapon attachment endorsement,
3    .50 caliber rifle endorsement, or .50 caliber cartridge
4    endorsement under the Firearm Owners Identification Card
5    Act.
6        (iii) Data exempt from disclosure under Section 50 of
7    the School Safety Drill Act.
8        (jjj) (hhh) Information exempt from disclosure under
9    Section 30 of the Insurance Data Security Law.
10        (kkk) (iii) Confidential business information
11    prohibited from disclosure under Section 45 of the Paint
12    Stewardship Act.
13        (lll) (iii) Data exempt from disclosure under Section
14    2-3.196 of the School Code.
15(Source: P.A. 102-36, eff. 6-25-21; 102-237, eff. 1-1-22;
16102-292, eff. 1-1-22; 102-520, eff. 8-20-21; 102-559, eff.
178-20-21; 102-813, eff. 5-13-22; 102-946, eff. 7-1-22;
18102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23; 103-8, eff.
196-7-23; 103-34, eff. 6-9-23; 103-142, eff. 1-1-24; 103-372,
20eff. 1-1-24; 103-472, eff. 8-1-24; 103-508, eff. 8-4-23;
21revised 9-5-23.)
 
22    Section 10. The Firearm Owners Identification Card Act is
23amended by changing Section 8 as follows:
 
24    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)

 

 

HB4372- 19 -LRB103 35350 RLC 65414 b

1    Sec. 8. Grounds for denial and revocation. The Illinois
2State Police has authority to deny an application for or to
3revoke and seize a Firearm Owner's Identification Card
4previously issued under this Act only if the Illinois State
5Police finds that the applicant or the person to whom such card
6was issued is or was at the time of issuance:
7        (a) A person under 21 years of age who has been
8    convicted of a misdemeanor other than a traffic offense or
9    adjudged delinquent;
10        (b) This subsection (b) applies through the 180th day
11    following July 12, 2019 (the effective date of Public Act
12    101-80). A person under 21 years of age who does not have
13    the written consent of his parent or guardian to acquire
14    and possess firearms and firearm ammunition, or whose
15    parent or guardian has revoked such written consent, or
16    where such parent or guardian does not qualify to have a
17    Firearm Owner's Identification Card;
18        (b-5) This subsection (b-5) applies on and after the
19    181st day following July 12, 2019 (the effective date of
20    Public Act 101-80). A person under 21 years of age who is
21    not an active duty member of the United States Armed
22    Forces or the Illinois National Guard and does not have
23    the written consent of his or her parent or guardian to
24    acquire and possess firearms and firearm ammunition, or
25    whose parent or guardian has revoked such written consent,
26    or where such parent or guardian does not qualify to have a

 

 

HB4372- 20 -LRB103 35350 RLC 65414 b

1    Firearm Owner's Identification Card;
2        (c) A person convicted of a felony under the laws of
3    this or any other jurisdiction;
4        (d) A person addicted to narcotics;
5        (e) A person who has been a patient of a mental health
6    facility within the past 5 years or a person who has been a
7    patient in a mental health facility more than 5 years ago
8    who has not received the certification required under
9    subsection (u) of this Section. An active law enforcement
10    officer employed by a unit of government or a Department
11    of Corrections employee authorized to possess firearms who
12    is denied, revoked, or has his or her Firearm Owner's
13    Identification Card seized under this subsection (e) may
14    obtain relief as described in subsection (c-5) of Section
15    10 of this Act if the officer or employee did not act in a
16    manner threatening to the officer or employee, another
17    person, or the public as determined by the treating
18    clinical psychologist or physician, and the officer or
19    employee seeks mental health treatment;
20        (f) A person whose mental condition is of such a
21    nature that it poses a clear and present danger to the
22    applicant, any other person or persons, or the community;
23        (g) A person who has an intellectual disability;
24        (h) A person who intentionally makes a false statement
25    in the Firearm Owner's Identification Card application or
26    endorsement affidavit;

 

 

HB4372- 21 -LRB103 35350 RLC 65414 b

1        (i) A noncitizen who is unlawfully present in the
2    United States under the laws of the United States;
3        (i-5) A noncitizen who has been admitted to the United
4    States under a non-immigrant visa (as that term is defined
5    in Section 101(a)(26) of the Immigration and Nationality
6    Act (8 U.S.C. 1101(a)(26))), except that this subsection
7    (i-5) does not apply to any noncitizen who has been
8    lawfully admitted to the United States under a
9    non-immigrant visa if that noncitizen is:
10            (1) admitted to the United States for lawful
11        hunting or sporting purposes;
12            (2) an official representative of a foreign
13        government who is:
14                (A) accredited to the United States Government
15            or the Government's mission to an international
16            organization having its headquarters in the United
17            States; or
18                (B) en route to or from another country to
19            which that noncitizen is accredited;
20            (3) an official of a foreign government or
21        distinguished foreign visitor who has been so
22        designated by the Department of State;
23            (4) a foreign law enforcement officer of a
24        friendly foreign government entering the United States
25        on official business; or
26            (5) one who has received a waiver from the

 

 

HB4372- 22 -LRB103 35350 RLC 65414 b

1        Attorney General of the United States pursuant to 18
2        U.S.C. 922(y)(3);
3        (j) (Blank);
4        (k) A person who has been convicted within the past 5
5    years of battery, assault, aggravated assault, violation
6    of an order of protection, or a substantially similar
7    offense in another jurisdiction, in which a firearm was
8    used or possessed;
9        (l) A person who has been convicted of domestic
10    battery, aggravated domestic battery, or a substantially
11    similar offense in another jurisdiction committed before,
12    on or after January 1, 2012 (the effective date of Public
13    Act 97-158). If the applicant or person who has been
14    previously issued a Firearm Owner's Identification Card
15    under this Act knowingly and intelligently waives the
16    right to have an offense described in this paragraph (l)
17    tried by a jury, and by guilty plea or otherwise, results
18    in a conviction for an offense in which a domestic
19    relationship is not a required element of the offense but
20    in which a determination of the applicability of 18 U.S.C.
21    922(g)(9) is made under Section 112A-11.1 of the Code of
22    Criminal Procedure of 1963, an entry by the court of a
23    judgment of conviction for that offense shall be grounds
24    for denying an application for and for revoking and
25    seizing a Firearm Owner's Identification Card previously
26    issued to the person under this Act;

 

 

HB4372- 23 -LRB103 35350 RLC 65414 b

1        (m) (Blank);
2        (n) A person who is prohibited from acquiring or
3    possessing firearms or firearm ammunition by any Illinois
4    State statute or by federal law;
5        (o) A minor subject to a petition filed under Section
6    5-520 of the Juvenile Court Act of 1987 alleging that the
7    minor is a delinquent minor for the commission of an
8    offense that if committed by an adult would be a felony;
9        (p) An adult who had been adjudicated a delinquent
10    minor under the Juvenile Court Act of 1987 for the
11    commission of an offense that if committed by an adult
12    would be a felony;
13        (q) A person who is not a resident of the State of
14    Illinois, except as provided in subsection (a-10) of
15    Section 4;
16        (r) A person who has been adjudicated as a person with
17    a mental disability;
18        (s) A person who has been found to have a
19    developmental disability;
20        (t) A person involuntarily admitted into a mental
21    health facility; or
22        (u) A person who has had his or her Firearm Owner's
23    Identification Card revoked or denied under subsection (e)
24    of this Section or item (iv) of paragraph (2) of
25    subsection (a) of Section 4 of this Act because he or she
26    was a patient in a mental health facility as provided in

 

 

HB4372- 24 -LRB103 35350 RLC 65414 b

1    subsection (e) of this Section, shall not be permitted to
2    obtain a Firearm Owner's Identification Card, after the
3    5-year period has lapsed, unless he or she has received a
4    mental health evaluation by a physician, clinical
5    psychologist, or qualified examiner as those terms are
6    defined in the Mental Health and Developmental
7    Disabilities Code, and has received a certification that
8    he or she is not a clear and present danger to himself,
9    herself, or others. The physician, clinical psychologist,
10    or qualified examiner making the certification and his or
11    her employer shall not be held criminally, civilly, or
12    professionally liable for making or not making the
13    certification required under this subsection, except for
14    willful or wanton misconduct. This subsection does not
15    apply to a person whose firearm possession rights have
16    been restored through administrative or judicial action
17    under Section 10 or 11 of this Act.
18    Upon revocation of a person's Firearm Owner's
19Identification Card, the Illinois State Police shall provide
20notice to the person and the person shall comply with Section
219.5 of this Act.
22(Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21;
23102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff.
245-27-22; 102-1116, eff. 1-10-23.)
 
25    (430 ILCS 65/4.1 rep.)

 

 

HB4372- 25 -LRB103 35350 RLC 65414 b

1    Section 15. The Firearm Owners Identification Card Act is
2amended by repealing Section 4.1.
 
3    Section 20. The Firearms Restraining Order Act is amended
4by changing Sections 40, 45, and 55 as follows:
 
5    (430 ILCS 67/40)
6    Sec. 40. Plenary Six-month orders.
7    (a) A petitioner may request a 6-month firearms
8restraining order for up to one year by filing an affidavit or
9verified pleading alleging that the respondent poses a
10significant danger of causing personal injury to himself,
11herself, or another in the near future by having in his or her
12custody or control, purchasing, possessing, or receiving a
13firearm, ammunition, and firearm parts that could be assembled
14to make an operable firearm. The petition shall also describe
15the number, types, and locations of any firearms, ammunition,
16and firearm parts that could be assembled to make an operable
17firearm presently believed by the petitioner to be possessed
18or controlled by the respondent. The firearms restraining
19order may be renewed for an additional period of up to one year
20in accordance with Section 45 of this Act.
21    (b) If the respondent is alleged to pose a significant
22danger of causing personal injury to an intimate partner, or
23an intimate partner is alleged to have been the target of a
24threat or act of violence by the respondent, the petitioner

 

 

HB4372- 26 -LRB103 35350 RLC 65414 b

1shall make a good faith effort to provide notice to any and all
2intimate partners of the respondent. The notice must include
3the duration of time that the petitioner intends to petition
4the court for a 6-month firearms restraining order, and, if
5the petitioner is a law enforcement officer, referral to
6relevant domestic violence or stalking advocacy or counseling
7resources, if appropriate. The petitioner shall attest to
8having provided the notice in the filed affidavit or verified
9pleading. If, after making a good faith effort, the petitioner
10is unable to provide notice to any or all intimate partners,
11the affidavit or verified pleading should describe what
12efforts were made.
13    (c) Every person who files a petition for a plenary
146-month firearms restraining order, knowing the information
15provided to the court at any hearing or in the affidavit or
16verified pleading to be false, is guilty of perjury under
17Section 32-2 of the Criminal Code of 2012.
18    (d) Upon receipt of a petition for a plenary 6-month
19firearms restraining order, the court shall order a hearing
20within 30 days.
21    (e) In determining whether to issue a firearms restraining
22order under this Section, the court shall consider evidence
23including, but not limited to, the following:
24        (1) The unlawful and reckless use, display, or
25    brandishing of a firearm, ammunition, and firearm parts
26    that could be assembled to make an operable firearm by the

 

 

HB4372- 27 -LRB103 35350 RLC 65414 b

1    respondent.
2        (2) The history of use, attempted use, or threatened
3    use of physical force by the respondent against another
4    person.
5        (3) Any prior arrest of the respondent for a felony
6    offense.
7        (4) Evidence of the abuse of controlled substances or
8    alcohol by the respondent.
9        (5) A recent threat of violence or act of violence by
10    the respondent directed toward himself, herself, or
11    another.
12        (6) A violation of an emergency order of protection
13    issued under Section 217 of the Illinois Domestic Violence
14    Act of 1986 or Section 112A-17 of the Code of Criminal
15    Procedure of 1963 or of an order of protection issued
16    under Section 214 of the Illinois Domestic Violence Act of
17    1986 or Section 112A-14 of the Code of Criminal Procedure
18    of 1963.
19        (7) A pattern of violent acts or violent threats,
20    including, but not limited to, threats of violence or acts
21    of violence by the respondent directed toward himself,
22    herself, or another.
23    (f) At the hearing, the petitioner shall have the burden
24of proving, by clear and convincing evidence, that the
25respondent poses a significant danger of personal injury to
26himself, herself, or another by having in his or her custody or

 

 

HB4372- 28 -LRB103 35350 RLC 65414 b

1control, purchasing, possessing, or receiving a firearm,
2ammunition, and firearm parts that could be assembled to make
3an operable firearm.
4    (g) If the court finds that there is clear and convincing
5evidence to issue a plenary firearms restraining order, the
6court shall issue a firearms restraining order that shall be
7in effect for up to one year, but not less than 6 months, 6
8months subject to renewal under Section 45 of this Act or
9termination under that Section.
10    (g-5) If the court issues a plenary 6-month firearms
11restraining order, it shall, upon a finding of probable cause
12that the respondent possesses firearms, ammunition, and
13firearm parts that could be assembled to make an operable
14firearm, issue a search warrant directing a law enforcement
15agency to seize the respondent's firearms, ammunition, and
16firearm parts that could be assembled to make an operable
17firearm. The court may, as part of that warrant, direct the law
18enforcement agency to search the respondent's residence and
19other places where the court finds there is probable cause to
20believe he or she is likely to possess the firearms,
21ammunition, and firearm parts that could be assembled to make
22an operable firearm. A return of the search warrant shall be
23filed by the law enforcement agency within 4 days thereafter,
24setting forth the time, date, and location that the search
25warrant was executed and what items, if any, were seized.
26    (h) A plenary 6-month firearms restraining order shall

 

 

HB4372- 29 -LRB103 35350 RLC 65414 b

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

 

 

HB4372- 30 -LRB103 35350 RLC 65414 b

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

 

 

HB4372- 31 -LRB103 35350 RLC 65414 b

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

 

 

HB4372- 32 -LRB103 35350 RLC 65414 b

1ammunition, and firearm parts that could be assembled to make
2an operable firearm to the respondent; and (iii) will store
3the firearm, ammunition, and firearm parts that could be
4assembled to make an operable firearm in a manner that the
5respondent does not have access to or control of the firearm,
6ammunition, and firearm parts that could be assembled to make
7an operable firearm.
8    (j) If the court does not issue a firearms restraining
9order at the hearing, the court shall dissolve any emergency
10firearms restraining order then in effect.
11    (k) When the court issues a firearms restraining order
12under this Section, the court shall inform the respondent that
13he or she is entitled to one hearing during the period of the
14order to request a termination of the order, under Section 45
15of this Act, and shall provide the respondent with a form to
16request a hearing.
17(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
18102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.
195-13-22; 102-1116, eff. 1-10-23.)
 
20    (430 ILCS 67/45)
21    Sec. 45. Termination and renewal.
22    (a) A person subject to a firearms restraining order
23issued under this Act may submit one written request at any
24time during the effective period of the order for a hearing to
25terminate the order.

 

 

HB4372- 33 -LRB103 35350 RLC 65414 b

1        (1) The respondent shall have the burden of proving by
2    a preponderance of the evidence that the respondent does
3    not pose a danger of causing personal injury to himself,
4    herself, or another in the near future by having in his or
5    her custody or control, purchasing, possessing, or
6    receiving a firearm, ammunition, and firearm parts that
7    could be assembled to make an operable firearm.
8        (2) If the court finds after the hearing that the
9    respondent has met his or her burden, the court shall
10    terminate the order.
11    (b) A petitioner may request a renewal of a firearms
12restraining order at any time within the 3 months before the
13expiration of a firearms restraining order.
14        (1) A court shall, after notice and a hearing, renew a
15    firearms restraining order issued under this part if the
16    petitioner proves, by clear and convincing evidence, that
17    the respondent continues to pose a danger of causing
18    personal injury to himself, herself, or another in the
19    near future by having in his or her custody or control,
20    purchasing, possessing, or receiving a firearm,
21    ammunition, and firearm parts that could be assembled to
22    make an operable firearm.
23        (2) In determining whether to renew a firearms
24    restraining order issued under this Act, the court shall
25    consider evidence of the facts identified in subsection
26    (e) of Section 40 of this Act and any other evidence of an

 

 

HB4372- 34 -LRB103 35350 RLC 65414 b

1    increased risk for violence.
2        (3) At the hearing, the petitioner shall have the
3    burden of proving by clear and convincing evidence that
4    the respondent continues to pose a danger of causing
5    personal injury to himself, herself, or another in the
6    near future by having in his or her custody or control,
7    purchasing, possessing, or receiving a firearm,
8    ammunition, and firearm parts that could be assembled to
9    make an operable firearm.
10        (4) The renewal of a firearms restraining order issued
11    under this Section shall be in effect for 6 months up to
12    one year and may be renewed for an additional period of up
13    to one year, subject to termination by further order of
14    the court at a hearing held under this Section and further
15    renewal by further order of the court under this Section.
16(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22;
17102-1116, eff. 1-10-23.)
 
18    (430 ILCS 67/55)
19    Sec. 55. Data maintenance by law enforcement agencies.
20    (a) All sheriffs shall furnish to the Illinois State
21Police, daily, in the form and detail the Illinois State
22Police requires, copies of any recorded firearms restraining
23orders issued by the court, and any foreign orders of
24protection filed by the clerk of the court, and transmitted to
25the sheriff by the clerk of the court under Section 50. Each

 

 

HB4372- 35 -LRB103 35350 RLC 65414 b

1firearms restraining order shall be entered in the Law
2Enforcement Agencies Data System (LEADS) on the same day it is
3issued by the court. If an emergency firearms restraining
4order was issued in accordance with Section 35 of this Act, the
5order shall be entered in the Law Enforcement Agencies Data
6System (LEADS) as soon as possible after receipt from the
7clerk.
8    (b) The Illinois State Police shall maintain a complete
9and systematic record and index of all valid and recorded
10firearms restraining orders issued or filed under this Act.
11The data shall be used to inform all dispatchers and law
12enforcement officers at the scene of a violation of a firearms
13restraining order of the effective dates and terms of any
14recorded order of protection.
15    (c) The data, records, and transmittals required under
16this Section shall pertain to any valid emergency or plenary
176-month firearms restraining order, whether issued in a civil
18or criminal proceeding or authorized under the laws of another
19state, tribe, or United States territory.
20(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21;
21102-1116, eff. 1-10-23.)
 
22    Section 25. The Criminal Code of 2012 is amended by
23changing Section 24-1 as follows:
 
24    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)

 

 

HB4372- 36 -LRB103 35350 RLC 65414 b

1    Sec. 24-1. Unlawful use of weapons.
2    (a) A person commits the offense of unlawful use of
3weapons when he knowingly:
4        (1) Sells, manufactures, purchases, possesses or
5    carries any bludgeon, black-jack, slung-shot, sand-club,
6    sand-bag, metal knuckles or other knuckle weapon
7    regardless of its composition, throwing star, or any
8    knife, commonly referred to as a switchblade knife, which
9    has a blade that opens automatically by hand pressure
10    applied to a button, spring or other device in the handle
11    of the knife, or a ballistic knife, which is a device that
12    propels a knifelike blade as a projectile by means of a
13    coil spring, elastic material or compressed gas; or
14        (2) Carries or possesses with intent to use the same
15    unlawfully against another, a dagger, dirk, billy,
16    dangerous knife, razor, stiletto, broken bottle or other
17    piece of glass, stun gun or taser or any other dangerous or
18    deadly weapon or instrument of like character; or
19        (2.5) Carries or possesses with intent to use the same
20    unlawfully against another, any firearm in a church,
21    synagogue, mosque, or other building, structure, or place
22    used for religious worship; or
23        (3) Carries on or about his person or in any vehicle, a
24    tear gas gun projector or bomb or any object containing
25    noxious liquid gas or substance, other than an object
26    containing a non-lethal noxious liquid gas or substance

 

 

HB4372- 37 -LRB103 35350 RLC 65414 b

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

 

 

HB4372- 38 -LRB103 35350 RLC 65414 b

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

 

 

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

 

 

HB4372- 40 -LRB103 35350 RLC 65414 b

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

 

 

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1    possesses, or purchases any assault weapon attachment or
2    .50 caliber cartridge in violation of Section 24-1.9 or
3    any explosive bullet. For purposes of this paragraph (a)
4    "explosive bullet" means the projectile portion of an
5    ammunition cartridge which contains or carries an
6    explosive charge which will explode upon contact with the
7    flesh of a human or an animal. "Cartridge" means a tubular
8    metal case having a projectile affixed at the front
9    thereof and a cap or primer at the rear end thereof, with
10    the propellant contained in such tube between the
11    projectile and the cap; or
12        (12) (Blank); or
13        (13) Carries or possesses on or about his or her
14    person while in a building occupied by a unit of
15    government, a billy club, other weapon of like character,
16    or other instrument of like character intended for use as
17    a weapon. For the purposes of this Section, "billy club"
18    means a short stick or club commonly carried by police
19    officers which is either telescopic or constructed of a
20    solid piece of wood or other man-made material; or
21        (14) Manufactures, possesses, sells, or offers to
22    sell, purchase, manufacture, import, transfer, or use any
23    device, part, kit, tool, accessory, or combination of
24    parts that is designed to and functions to increase the
25    rate of fire of a semiautomatic firearm above the standard
26    rate of fire for semiautomatic firearms that is not

 

 

HB4372- 42 -LRB103 35350 RLC 65414 b

1    equipped with that device, part, or combination of parts;
2    or
3        (15) Carries or possesses any assault weapon or .50
4    caliber rifle in violation of Section 24-1.9; or
5        (16) Manufactures, sells, delivers, imports, or
6    purchases any assault weapon or .50 caliber rifle in
7    violation of Section 24-1.9.
8    (b) Sentence. A person convicted of a violation of
9subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
10subsection 24-1(a)(11), or subsection 24-1(a)(13), or
1124-1(a)(15) commits a Class A misdemeanor. A person convicted
12of a violation of subsection 24-1(a)(8) or 24-1(a)(9) commits
13a Class 4 felony; a person convicted of a violation of
14subsection 24-1(a)(6), or 24-1(a)(7)(ii), 24-1(a)(7)(iii), or
1524-1(a)(16) or (iii) commits a Class 3 felony. A person
16convicted of a violation of subsection 24-1(a)(7)(i) commits a
17Class 2 felony and shall be sentenced to a term of imprisonment
18of not less than 3 years and not more than 7 years, unless the
19weapon is possessed in the passenger compartment of a motor
20vehicle as defined in Section 1-146 of the Illinois Vehicle
21Code, or on the person, while the weapon is loaded, in which
22case it shall be a Class X felony. A person convicted of a
23second or subsequent violation of subsection 24-1(a)(4),
2424-1(a)(8), 24-1(a)(9), or 24-1(a)(10), or 24-1(a)(15) commits
25a Class 3 felony. A person convicted of a violation of
26subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2

 

 

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

 

 

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

 

 

HB4372- 45 -LRB103 35350 RLC 65414 b

1    time of day or the time of year, in residential property
2    owned, operated or managed by a public housing agency or
3    leased by a public housing agency as part of a scattered
4    site or mixed-income development, in a public park, in a
5    courthouse, on the real property comprising any school,
6    regardless of the time of day or the time of year, on
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    on the real property comprising any public park, on the
11    real property comprising any courthouse, in any conveyance
12    owned, leased or contracted by a school to transport
13    students to or from school or a school related activity,
14    in any conveyance owned, leased, or contracted by a public
15    transportation agency, or on any public way within 1,000
16    feet of the real property comprising any school, public
17    park, courthouse, public transportation facility, or
18    residential property owned, operated, or managed by a
19    public housing agency or leased by a public housing agency
20    as part of a scattered site or mixed-income development
21    commits a Class 4 felony. "Courthouse" means any building
22    that is used by the Circuit, Appellate, or Supreme Court
23    of this State for the conduct of official business.
24        (3) Paragraphs (1), (1.5), and (2) of this subsection
25    (c) shall not apply to law enforcement officers or
26    security officers of such school, college, or university

 

 

HB4372- 46 -LRB103 35350 RLC 65414 b

1    or to students carrying or possessing firearms for use in
2    training courses, parades, hunting, target shooting on
3    school ranges, or otherwise with the consent of school
4    authorities and which firearms are transported unloaded
5    enclosed in a suitable case, box, or transportation
6    package.
7        (4) For the purposes of this subsection (c), "school"
8    means any public or private elementary or secondary
9    school, community college, college, or university.
10        (5) For the purposes of this subsection (c), "public
11    transportation agency" means a public or private agency
12    that provides for the transportation or conveyance of
13    persons by means available to the general public, except
14    for transportation by automobiles not used for conveyance
15    of the general public as passengers; and "public
16    transportation facility" means a terminal or other place
17    where one may obtain public transportation.
18    (d) The presence in an automobile other than a public
19omnibus of any weapon, instrument or substance referred to in
20subsection (a)(7) is prima facie evidence that it is in the
21possession of, and is being carried by, all persons occupying
22such automobile at the time such weapon, instrument or
23substance is found, except under the following circumstances:
24(i) if such weapon, instrument or instrumentality is found
25upon the person of one of the occupants therein; or (ii) if
26such weapon, instrument or substance is found in an automobile

 

 

HB4372- 47 -LRB103 35350 RLC 65414 b

1operated for hire by a duly licensed driver in the due, lawful
2and proper pursuit of his or her trade, then such presumption
3shall not apply to the driver.
4    (e) Exemptions.
5        (1) Crossbows, Common or Compound bows and Underwater
6    Spearguns are exempted from the definition of ballistic
7    knife as defined in paragraph (1) of subsection (a) of
8    this Section.
9        (2) The provision of paragraph (1) of subsection (a)
10    of this Section prohibiting the sale, manufacture,
11    purchase, possession, or carrying of any knife, commonly
12    referred to as a switchblade knife, which has a blade that
13    opens automatically by hand pressure applied to a button,
14    spring or other device in the handle of the knife, does not
15    apply to a person who possesses a currently valid Firearm
16    Owner's Identification Card previously issued in his or
17    her name by the Illinois State Police or to a person or an
18    entity engaged in the business of selling or manufacturing
19    switchblade knives.
20(Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;
21102-1116, eff. 1-10-23.)
 
22    (720 ILCS 5/24-1.9 rep.)
23    (720 ILCS 5/24-1.10 rep.)
24    Section 30. The Criminal Code of 2012 is amended by
25repealing Sections 24-1.9 and 24-1.10.
 

 

 

HB4372- 48 -LRB103 35350 RLC 65414 b

1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.

 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.