95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0427

 

Introduced 1/26/2007, by Rep. Joseph M. Lyons

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/24-2   from Ch. 38, par. 24-2
730 ILCS 5/3-14-1.5 new

    Amends the Criminal Code of 1961 and the Unified Code of Corrections. Provides that the prohibitions on carrying concealed firearms or firearms in a vehicle and carrying firearms on a public way do not apply to parole agents and parole supervisors who meet certain qualifications and conditions.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0427 LRB095 04145 RLC 24183 b

1     AN ACT concerning criminal law.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Criminal Code of 1961 is amended by changing
5 Section 24-2 as follows:
 
6     (720 ILCS 5/24-2)  (from Ch. 38, par. 24-2)
7     Sec. 24-2. Exemptions.
8     (a) Subsections 24-1(a)(3), 24-1(a)(4) and 24-1(a)(10) and
9 Section 24-1.6 do not apply to or affect any of the following:
10         (1) Peace officers, and any person summoned by a peace
11     officer to assist in making arrests or preserving the
12     peace, while actually engaged in assisting such officer.
13         (2) Wardens, superintendents and keepers of prisons,
14     penitentiaries, jails and other institutions for the
15     detention of persons accused or convicted of an offense,
16     while in the performance of their official duty, or while
17     commuting between their homes and places of employment.
18         (3) Members of the Armed Services or Reserve Forces of
19     the United States or the Illinois National Guard or the
20     Reserve Officers Training Corps, while in the performance
21     of their official duty.
22         (4) Special agents employed by a railroad or a public
23     utility to perform police functions, and guards of armored

 

 

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1     car companies, while actually engaged in the performance of
2     the duties of their employment or commuting between their
3     homes and places of employment; and watchmen while actually
4     engaged in the performance of the duties of their
5     employment.
6         (5) Persons licensed as private security contractors,
7     private detectives, or private alarm contractors, or
8     employed by an agency certified by the Department of
9     Professional Regulation, if their duties include the
10     carrying of a weapon under the provisions of the Private
11     Detective, Private Alarm, Private Security, and Locksmith
12     Act of 2004, while actually engaged in the performance of
13     the duties of their employment or commuting between their
14     homes and places of employment, provided that such
15     commuting is accomplished within one hour from departure
16     from home or place of employment, as the case may be.
17     Persons exempted under this subdivision (a)(5) shall be
18     required to have completed a course of study in firearms
19     handling and training approved and supervised by the
20     Department of Professional Regulation as prescribed by
21     Section 28 of the Private Detective, Private Alarm, Private
22     Security, and Locksmith Act of 2004, prior to becoming
23     eligible for this exemption. The Department of
24     Professional Regulation shall provide suitable
25     documentation demonstrating the successful completion of
26     the prescribed firearms training. Such documentation shall

 

 

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1     be carried at all times when such persons are in possession
2     of a concealable weapon.
3         (6) Any person regularly employed in a commercial or
4     industrial operation as a security guard for the protection
5     of persons employed and private property related to such
6     commercial or industrial operation, while actually engaged
7     in the performance of his or her duty or traveling between
8     sites or properties belonging to the employer, and who, as
9     a security guard, is a member of a security force of at
10     least 5 persons registered with the Department of
11     Professional Regulation; provided that such security guard
12     has successfully completed a course of study, approved by
13     and supervised by the Department of Professional
14     Regulation, consisting of not less than 40 hours of
15     training that includes the theory of law enforcement,
16     liability for acts, and the handling of weapons. A person
17     shall be considered eligible for this exemption if he or
18     she has completed the required 20 hours of training for a
19     security officer and 20 hours of required firearm training,
20     and has been issued a firearm authorization card by the
21     Department of Professional Regulation. Conditions for the
22     renewal of firearm authorization cards issued under the
23     provisions of this Section shall be the same as for those
24     cards issued under the provisions of the Private Detective,
25     Private Alarm, Private Security, and Locksmith Act of 2004.
26     Such firearm authorization card shall be carried by the

 

 

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1     security guard at all times when he or she is in possession
2     of a concealable weapon.
3         (7) Agents and investigators of the Illinois
4     Legislative Investigating Commission authorized by the
5     Commission to carry the weapons specified in subsections
6     24-1(a)(3) and 24-1(a)(4), while on duty in the course of
7     any investigation for the Commission.
8         (8) Persons employed by a financial institution for the
9     protection of other employees and property related to such
10     financial institution, while actually engaged in the
11     performance of their duties, commuting between their homes
12     and places of employment, or traveling between sites or
13     properties owned or operated by such financial
14     institution, provided that any person so employed has
15     successfully completed a course of study, approved by and
16     supervised by the Department of Professional Regulation,
17     consisting of not less than 40 hours of training which
18     includes theory of law enforcement, liability for acts, and
19     the handling of weapons. A person shall be considered to be
20     eligible for this exemption if he or she has completed the
21     required 20 hours of training for a security officer and 20
22     hours of required firearm training, and has been issued a
23     firearm authorization card by the Department of
24     Professional Regulation. Conditions for renewal of firearm
25     authorization cards issued under the provisions of this
26     Section shall be the same as for those issued under the

 

 

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1     provisions of the Private Detective, Private Alarm,
2     Private Security, and Locksmith Act of 2004. Such firearm
3     authorization card shall be carried by the person so
4     trained at all times when such person is in possession of a
5     concealable weapon. For purposes of this subsection,
6     "financial institution" means a bank, savings and loan
7     association, credit union or company providing armored car
8     services.
9         (9) Any person employed by an armored car company to
10     drive an armored car, while actually engaged in the
11     performance of his duties.
12         (10) Persons who have been classified as peace officers
13     pursuant to the Peace Officer Fire Investigation Act.
14         (11) Investigators of the Office of the State's
15     Attorneys Appellate Prosecutor authorized by the board of
16     governors of the Office of the State's Attorneys Appellate
17     Prosecutor to carry weapons pursuant to Section 7.06 of the
18     State's Attorneys Appellate Prosecutor's Act.
19         (12) Special investigators appointed by a State's
20     Attorney under Section 3-9005 of the Counties Code.
21         (12.5) Probation officers while in the performance of
22     their duties, or while commuting between their homes,
23     places of employment or specific locations that are part of
24     their assigned duties, with the consent of the chief judge
25     of the circuit for which they are employed.
26         (13) Court Security Officers while in the performance

 

 

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1     of their official duties, or while commuting between their
2     homes and places of employment, with the consent of the
3     Sheriff.
4         (13.5) A person employed as an armed security guard at
5     a nuclear energy, storage, weapons or development site or
6     facility regulated by the Nuclear Regulatory Commission
7     who has completed the background screening and training
8     mandated by the rules and regulations of the Nuclear
9     Regulatory Commission.
10         (14) Manufacture, transportation, or sale of weapons
11     to persons authorized under subdivisions (1) through
12     (13.5) of this subsection to possess those weapons.
13     (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
14 24-1.6 do not apply to or affect any of the following:
15         (1) Members of any club or organization organized for
16     the purpose of practicing shooting at targets upon
17     established target ranges, whether public or private, and
18     patrons of such ranges, while such members or patrons are
19     using their firearms on those target ranges.
20         (2) Duly authorized military or civil organizations
21     while parading, with the special permission of the
22     Governor.
23         (3) Hunters, trappers or fishermen with a license or
24     permit while engaged in hunting, trapping or fishing.
25         (4) Transportation of weapons that are broken down in a
26     non-functioning state or are not immediately accessible.

 

 

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1     (c) Subsection 24-1(a)(7) does not apply to or affect any
2 of the following:
3         (1) Peace officers while in performance of their
4     official duties.
5         (2) Wardens, superintendents and keepers of prisons,
6     penitentiaries, jails and other institutions for the
7     detention of persons accused or convicted of an offense.
8         (3) Members of the Armed Services or Reserve Forces of
9     the United States or the Illinois National Guard, while in
10     the performance of their official duty.
11         (4) Manufacture, transportation, or sale of machine
12     guns to persons authorized under subdivisions (1) through
13     (3) of this subsection to possess machine guns, if the
14     machine guns are broken down in a non-functioning state or
15     are not immediately accessible.
16         (5) Persons licensed under federal law to manufacture
17     any weapon from which 8 or more shots or bullets can be
18     discharged by a single function of the firing device, or
19     ammunition for such weapons, and actually engaged in the
20     business of manufacturing such weapons or ammunition, but
21     only with respect to activities which are within the lawful
22     scope of such business, such as the manufacture,
23     transportation, or testing of such weapons or ammunition.
24     This exemption does not authorize the general private
25     possession of any weapon from which 8 or more shots or
26     bullets can be discharged by a single function of the

 

 

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

 

 

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1     (d) Subsection 24-1(a)(1) does not apply to the purchase,
2 possession or carrying of a black-jack or slung-shot by a peace
3 officer.
4     (e) Subsection 24-1(a)(8) does not apply to any owner,
5 manager or authorized employee of any place specified in that
6 subsection nor to any law enforcement officer.
7     (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
8 Section 24-1.6 do not apply to members of any club or
9 organization organized for the purpose of practicing shooting
10 at targets upon established target ranges, whether public or
11 private, while using their firearms on those target ranges.
12     (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
13 to:
14         (1) Members of the Armed Services or Reserve Forces of
15     the United States or the Illinois National Guard, while in
16     the performance of their official duty.
17         (2) Bonafide collectors of antique or surplus military
18     ordinance.
19         (3) Laboratories having a department of forensic
20     ballistics, or specializing in the development of
21     ammunition or explosive ordinance.
22         (4) Commerce, preparation, assembly or possession of
23     explosive bullets by manufacturers of ammunition licensed
24     by the federal government, in connection with the supply of
25     those organizations and persons exempted by subdivision
26     (g)(1) of this Section, or like organizations and persons

 

 

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1     outside this State, or the transportation of explosive
2     bullets to any organization or person exempted in this
3     Section by a common carrier or by a vehicle owned or leased
4     by an exempted manufacturer.
5     (g-5) Subsection 24-1(a)(6) does not apply to or affect
6 persons licensed under federal law to manufacture any device or
7 attachment of any kind designed, used, or intended for use in
8 silencing the report of any firearm, firearms, or ammunition
9 for those firearms equipped with those devices, and actually
10 engaged in the business of manufacturing those devices,
11 firearms, or ammunition, but only with respect to activities
12 that are within the lawful scope of that business, such as the
13 manufacture, transportation, or testing of those devices,
14 firearms, or ammunition. This exemption does not authorize the
15 general private possession of any device or attachment of any
16 kind designed, used, or intended for use in silencing the
17 report of any firearm, but only such possession and activities
18 as are within the lawful scope of a licensed manufacturing
19 business described in this subsection (g-5). During
20 transportation, those devices shall be detached from any weapon
21 or not immediately accessible.
22     (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
23 24-1.6 do not apply to or affect any parole agent or parole
24 supervisor who meets the qualifications and conditions
25 prescribed in Section 3-14-1.5 of the Unified Code of
26 Corrections.

 

 

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1     (h) An information or indictment based upon a violation of
2 any subsection of this Article need not negative any exemptions
3 contained in this Article. The defendant shall have the burden
4 of proving such an exemption.
5     (i) Nothing in this Article shall prohibit, apply to, or
6 affect the transportation, carrying, or possession, of any
7 pistol or revolver, stun gun, taser, or other firearm consigned
8 to a common carrier operating under license of the State of
9 Illinois or the federal government, where such transportation,
10 carrying, or possession is incident to the lawful
11 transportation in which such common carrier is engaged; and
12 nothing in this Article shall prohibit, apply to, or affect the
13 transportation, carrying, or possession of any pistol,
14 revolver, stun gun, taser, or other firearm, not the subject of
15 and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
16 this Article, which is unloaded and enclosed in a case, firearm
17 carrying box, shipping box, or other container, by the
18 possessor of a valid Firearm Owners Identification Card.
19 (Source: P.A. 92-325, eff. 8-9-01; 93-438, eff. 8-5-03; 93-439,
20 eff. 8-5-03; 93-576, eff. 1-1-04; revised 9-15-03.)
 
21     Section 10. The Unified Code of Corrections is amended by
22 adding Section 3-14-1.5 as follows:
 
23     (730 ILCS 5/3-14-1.5 new)
24     Sec. 3-14-1.5. Parole agents and parole supervisors;

 

 

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1 off-duty firearms. Subsections 24-1(a)(4) and 24-1(a)(10) and
2 Section 24-1.6 do not apply to parole agents and parole
3 supervisors who meet the following conditions:
4     (1) The parole agent or parole supervisor must receive
5 training in the use of firearms while off-duty conducted by the
6 Illinois Law Enforcement Training Standards Board and be
7 certified as having successfully completing such training by
8 the Board. The Board shall determine the amount of such
9 training and the course content for such training. The parole
10 agent or parole supervisor shall requalify for the firearm's
11 training quarterly at only State ranges certified by the
12 Illinois Law Enforcement Training Standards Board. The
13 expenses of such retraining shall be paid by the parole agent
14 or parole supervisor and moneys for such requalification shall
15 be deployed at the request of the Illinois Law Enforcement
16 Training Standards Board.
17     (2) The firearm may only be .38 or .40 caliber firearm.
18     (3) The parole agent or parole supervisor shall purchase
19 such firearm at his or her own expense and shall register the
20 firearm with the Illinois Department of State Police and with
21 any other local law enforcement agencies that require such
22 registration.
23     (4) The parole agent or parole supervisor may not carry any
24 Illinois Department of Corrections State issued firearm while
25 off-duty. A person who violates this paragraph (4) is subject
26 to disciplinary action by the Illinois Department of

 

 

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1 Corrections.
2     (5) If death or injury to a person or damage to property
3 occurs as the result of the use of a firearm that the parole
4 agent or parole supervisor is authorized to carry off-duty, the
5 parole agent or parole supervisor must submit to a drug test
6 within 24 hours after the incident. The agent's or supervisor's
7 failure to submit to the required drug test shall result in the
8 Department revoking the agent's or supervisor's right to carry
9 a firearm off-duty until a board of inquiry established by the
10 Department determines that the agent's or supervisor's use of
11 the firearm was justified. The parole agent or parole
12 supervisor in such cases must submit to a psychological
13 evaluation conducted by a person or agency approved by the
14 Illinois Law Enforcement Training Standards Board and no other
15 psychological evaluation that is not approved by the Board
16 shall be considered by the Board in evaluating the agent or
17 supervisor. Nothing in this paragraph (5) shall prevent the
18 State's Attorney or local law enforcement agency where the
19 incident occurred from conducting a criminal investigation of
20 the incident and initiating a prosecution of the agent or
21 supervisor for the incident. If a criminal investigation and
22 prosecution of the agent or supervisor is conducted, the parole
23 agent or parole supervisor involved in the incident shall
24 relinquish his or her off-duty carry rights until the
25 completion of the criminal investigation and prosecution if it
26 results in the exoneration of the agent or supervisor.

 

 

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1     (6) Parole agents and supervisors who are discharged from
2 employment of the Illinois Department of Corrections shall no
3 longer be considered law enforcement officials and all their
4 rights as law enforcement officials shall be revoked
5 permanently.