99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4048

 

Introduced , by Rep. Edward J. Acevedo

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Freedom of Information Act. Provides that names and information of people who have applied for or received certificates of handgun registration are exempt from public inspections and copying. Amends the State Finance Act. Creates the National Instant Criminal Background Check System Improvement Fund and the Illinois LEADS Information and Technology Improvement Fund. Amends the Firearm Owners Identification Act. Provides that the Act may now be cited to as the "Firearm Owners Identification Card and Certificate of Handgun Registration Act". Defines "certificate of handgun registration" and "handgun". Prohibits any person in the State from carrying or possessing a handgun without a certificate of handgun registration. Sets forth requirements concerning exemptions, applications for registration, registration fees, the distribution of moneys received from certain fees, and the denial of an application. Creates penalties for the possession of a handgun without a current certificate of registration, knowingly providing false or misleading information or evidence in connection with an application, and the failure to report to local law enforcement that a registered handgun is lost, stolen, missing, or destroyed. Sets forth procedures for the return of a certificate of registration for a handgun that is lost, stolen, or otherwise disposed of. Amends various Acts to make conforming changes.


LRB099 08096 RLC 28242 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4048LRB099 08096 RLC 28242 b

1    AN ACT concerning safety.
 
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    Sec. 7.5. Statutory exemptions Exemptions. To the extent
8provided for by the statutes referenced below, the following
9shall be exempt from inspection and copying:
10        (a) All information determined to be confidential
11    under Section 4002 of the Technology Advancement and
12    Development Act.
13        (b) Library circulation and order records identifying
14    library users with specific materials under the Library
15    Records Confidentiality Act.
16        (c) Applications, related documents, and medical
17    records received by the Experimental Organ Transplantation
18    Procedures Board and any and all documents or other records
19    prepared by the Experimental Organ Transplantation
20    Procedures Board or its staff relating to applications it
21    has received.
22        (d) Information and records held by the Department of
23    Public Health and its authorized representatives relating

 

 

HB4048- 2 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 3 -LRB099 08096 RLC 28242 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 Capital
16    Crimes Litigation Act. This subsection (n) shall apply
17    until the conclusion of the trial of the case, even if the
18    prosecution chooses not to pursue the death penalty prior
19    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    Regional Transportation Authority under Section 2.11 of

 

 

HB4048- 4 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 5 -LRB099 08096 RLC 28242 b

1    for or received Firearm Owner's Identification Cards or
2    certificates of handgun registration under the Firearm
3    Owners Identification Card and Certificate of Handgun
4    Registration Act or applied for or received a concealed
5    carry license under the Firearm Concealed Carry Act, unless
6    otherwise authorized by the Firearm Concealed Carry Act;
7    and databases under the Firearm Concealed Carry Act,
8    records of the Concealed Carry Licensing Review Board under
9    the Firearm Concealed Carry Act, and law enforcement agency
10    objections under the Firearm Concealed Carry Act.
11        (w) Personally identifiable information which is
12    exempted from disclosure under subsection (g) of Section
13    19.1 of the Toll Highway Act.
14        (x) Information which is exempted from disclosure
15    under Section 5-1014.3 of the Counties Code or Section
16    8-11-21 of the Illinois Municipal Code.
17        (y) Confidential information under the Adult
18    Protective Services Act and its predecessor enabling
19    statute, the Elder Abuse and Neglect Act, including
20    information about the identity and administrative finding
21    against any caregiver of a verified and substantiated
22    decision of abuse, neglect, or financial exploitation of an
23    eligible adult maintained in the Registry established
24    under Section 7.5 of the Adult Protective Services Act.
25        (z) Records and information provided to a fatality
26    review team or the Illinois Fatality Review Team Advisory

 

 

HB4048- 6 -LRB099 08096 RLC 28242 b

1    Council under Section 15 of the Adult Protective Services
2    Act.
3        (aa) Information which is exempted from disclosure
4    under Section 2.37 of the Wildlife Code.
5(Source: P.A. 97-80, eff. 7-5-11; 97-333, eff. 8-12-11; 97-342,
6eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, eff. 1-1-13; 98-49,
7eff. 7-1-13; 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-1039,
8eff. 8-25-14; 98-1045, eff. 8-25-14; revised 10-1-14.)
 
9    Section 10. The Department of State Police Law of the Civil
10Administrative Code of Illinois is amended by changing Sections
112605-45, 2605-120, 2605-300, and 2605-595 as follows:
 
12    (20 ILCS 2605/2605-45)  (was 20 ILCS 2605/55a-5)
13    Sec. 2605-45. Division of Administration. The Division of
14Administration shall exercise the following functions:
15        (1) Exercise the rights, powers, and duties vested in
16    the Department by the Governor's Office of Management and
17    Budget Act.
18        (2) Pursue research and the publication of studies
19    pertaining to local law enforcement activities.
20        (3) Exercise the rights, powers, and duties vested in
21    the Department by the Personnel Code.
22        (4) Operate an electronic data processing and computer
23    center for the storage and retrieval of data pertaining to
24    criminal activity.

 

 

HB4048- 7 -LRB099 08096 RLC 28242 b

1        (5) Exercise the rights, powers, and duties vested in
2    the former Division of State Troopers by Section 17 of the
3    State Police Act.
4        (6) Exercise the rights, powers, and duties vested in
5    the Department by "An Act relating to internal auditing in
6    State government", approved August 11, 1967 (repealed; now
7    the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
8        (6.5) Exercise the rights, powers, and duties vested in
9    the Department by the Firearm Owners Identification Card
10    and Certificate of Handgun Registration Act.
11        (7) Exercise other duties that may be assigned by the
12    Director to fulfill the responsibilities and achieve the
13    purposes of the Department.
14(Source: P.A. 94-793, eff. 5-19-06.)
 
15    (20 ILCS 2605/2605-120)  (was 20 ILCS 2605/55a in part)
16    Sec. 2605-120. Firearm Owners Identification Card and
17Certificate of Handgun Registration Act. To exercise the
18rights, powers, and duties that have been vested in the
19Department of Public Safety by the Firearm Owners
20Identification Card and Certificate of Handgun Registration
21Act.
22(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
23eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793,
24eff. 8-14-98; 91-239, eff. 1-1-00.)
 

 

 

HB4048- 8 -LRB099 08096 RLC 28242 b

1    (20 ILCS 2605/2605-300)  (was 20 ILCS 2605/55a in part)
2    Sec. 2605-300. Records; crime laboratories; personnel. To
3do the following:
4        (1) Be a central repository and custodian of criminal
5    statistics for the State.
6        (2) Be a central repository for criminal history record
7    information.
8        (3) Procure and file for record information that is
9    necessary and helpful to plan programs of crime prevention,
10    law enforcement, and criminal justice.
11        (4) Procure and file for record copies of fingerprints
12    that may be required by law.
13        (5) Establish general and field crime laboratories.
14        (6) Register and file for record information that may
15    be required by law for the issuance of firearm owner's
16    identification cards or certificates of handgun
17    registration under the Firearm Owners Identification Card
18    and Certificate of Handgun Registration Act and concealed
19    carry licenses under the Firearm Concealed Carry Act.
20        (7) Employ polygraph operators, laboratory
21    technicians, and other specially qualified persons to aid
22    in the identification of criminal activity.
23        (8) Undertake other identification, information,
24    laboratory, statistical, or registration activities that
25    may be required by law.
26(Source: P.A. 98-63, eff. 7-9-13.)
 

 

 

HB4048- 9 -LRB099 08096 RLC 28242 b

1    (20 ILCS 2605/2605-595)
2    Sec. 2605-595. State Police Firearm Services Fund.
3    (a) There is created in the State treasury a special fund
4known as the State Police Firearm Services Fund. The Fund shall
5receive revenue under the Firearm Concealed Carry Act and
6Section 5 of the Firearm Owners Identification Card and
7Certificate of Handgun Registration Act. The Fund may also
8receive revenue from grants, pass-through grants, donations,
9appropriations, and any other legal source.
10    (b) The Department of State Police may use moneys in the
11Fund to finance any of its lawful purposes, mandates,
12functions, and duties under the Firearm Owners Identification
13Card and Certificate of Handgun Registration Act and the
14Firearm Concealed Carry Act, including the cost of sending
15notices of expiration of Firearm Owner's Identification Cards,
16certificates of handgun registration, concealed carry
17licenses, the prompt and efficient processing of applications
18under the Firearm Owners Identification Card and Certificate of
19Handgun Registration Act and the Firearm Concealed Carry Act,
20the improved efficiency and reporting of the LEADS and federal
21NICS law enforcement data systems, and support for
22investigations required under these Acts and law. Any surplus
23funds beyond what is needed to comply with the aforementioned
24purposes shall be used by the Department to improve the Law
25Enforcement Agencies Data System (LEADS) and criminal history

 

 

HB4048- 10 -LRB099 08096 RLC 28242 b

1background check system.
2    (c) Investment income that is attributable to the
3investment of moneys in the Fund shall be retained in the Fund
4for the uses specified in this Section.
5(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
6    Section 15. The State Finance Act is amended by changing
76z-99 and by adding Sections 5.866, 5.867, 5.868, 6z-101, and
86z-102 as follows:
 
9    (30 ILCS 105/5.866 new)
10    Sec. 5.866. The National Instant Criminal Background Check
11System Improvement Fund.
 
12    (30 ILCS 105/5.867 new)
13    Sec. 5.867. The Illinois LEADS Information and Technology
14Improvement Fund.
 
15    (30 ILCS 105/5.868 new)
16    Sec. 5.868. The Handgun Certificate Administration Fund.
 
17    (30 ILCS 105/6z-99)
18    Sec. 6z-99. The Mental Health Reporting Fund.
19    (a) There is created in the State treasury a special fund
20known as the Mental Health Reporting Fund. The Fund shall
21receive revenue under the Firearm Concealed Carry Act. The Fund

 

 

HB4048- 11 -LRB099 08096 RLC 28242 b

1may also receive revenue from grants, pass-through grants,
2donations, appropriations, and any other legal source.
3    (b) The Department of State Police and Department of Human
4Services shall coordinate to use moneys in the Fund to finance
5their respective duties of collecting and reporting data on
6mental health records and ensuring that mental health firearm
7possession prohibitors are enforced as set forth under the
8Firearm Concealed Carry Act and the Firearm Owners
9Identification Card and Certificate of Handgun Registration
10Act. Any surplus in the Fund beyond what is necessary to ensure
11compliance with mental health reporting under these Acts shall
12be used by the Department of Human Services for mental health
13treatment programs.
14    (c) Investment income that is attributable to the
15investment of moneys in the Fund shall be retained in the Fund
16for the uses specified in this Section.
17(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
18    (30 ILCS 105/6z-101 new)
19    Sec. 6z-101. National Instant Criminal Background Check
20System Improvement Fund.
21    (a) There is created in the State treasury a special fund
22known as National Instant Criminal Background Check System
23Improvement Fund. The Fund shall receive revenue pursuant to
24Section 3.4 of the Firearm Owners Identification Card and
25Certificate of Handgun Registration Act. The Fund may also

 

 

HB4048- 12 -LRB099 08096 RLC 28242 b

1receive revenue from grants, donations, appropriations, and
2any other legal source.
3    (b) The Department of State Police shall use moneys in the
4Fund to perform its duties and responsibilities under
5subsection (e) of Section 3.1 of the Firearm Owners
6Identification Card and Certificate of Handgun Registration
7Act.
8    (c) Expenditures may be made from the Fund only as
9appropriated by the General Assembly by law.
10    (d) Investment income that is attributable to the
11investment of moneys in the Fund shall be retained in the Fund
12for the uses specified in this Section.
13    (e) The Fund shall not be subject to administrative
14chargebacks.
 
15    (30 ILCS 105/6z-102 new)
16    Sec. 6z-102. Illinois LEADS Information and Technology
17Improvement Fund.
18    (a) There is created in the State treasury a special fund
19known as the Illinois LEADS Information and Technology
20Improvement Fund. The Fund shall receive revenue pursuant to
21Section 3.4 of the Firearm Owners Identification Card and
22Certificate of Handgun Registration Act. The Fund may also
23receive revenue from grants, donations, appropriations, and
24any other legal source.
25    (b) The Department of State Police shall use the moneys in

 

 

HB4048- 13 -LRB099 08096 RLC 28242 b

1the Fund to update and improve the technology used for the Law
2Enforcement Agencies Data System (LEADS) system. The Fund shall
3also be used to support the Department's responsibilities in
4managing background checks and public safety record-keeping.
5    (c) Moneys in the Fund shall also be used to fund grants
6made available to local law enforcement to support their
7technological infrastructure.
8    (d) Expenditures may be made from the Fund only as
9appropriated by the General Assembly by law.
10    (e) Investment income that is attributable to the
11investment of moneys in the Fund shall be retained in the Fund
12for the uses specified in this Section.
13    (f) The Fund shall not be subject to administrative
14chargebacks.
 
15    Section 20. The School Code is amended by changing Sections
1610-22.6, 10-27.1A, and 34-8.05 as follows:
 
17    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
18    Sec. 10-22.6. Suspension or expulsion of pupils; school
19searches.
20    (a) To expel pupils guilty of gross disobedience or
21misconduct, including gross disobedience or misconduct
22perpetuated by electronic means, and no action shall lie
23against them for such expulsion. Expulsion shall take place
24only after the parents have been requested to appear at a

 

 

HB4048- 14 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 15 -LRB099 08096 RLC 28242 b

1on a school bus, the board may suspend the pupil in excess of
210 school days for safety reasons. Any suspension shall be
3reported immediately to the parents or guardian of such pupil
4along with a full statement of the reasons for such suspension
5and a notice of their right to a review. The school board must
6be given a summary of the notice, including the reason for the
7suspension and the suspension length. Upon request of the
8parents or guardian the school board or a hearing officer
9appointed by it shall review such action of the superintendent
10or principal, assistant principal, or dean of students. At such
11review the parents or guardian of the pupil may appear and
12discuss the suspension with the board or its hearing officer.
13If a hearing officer is appointed by the board he shall report
14to the board a written summary of the evidence heard at the
15meeting. After its hearing or upon receipt of the written
16report of its hearing officer, the board may take such action
17as it finds appropriate. A pupil who is suspended in excess of
1820 school days may be immediately transferred to an alternative
19program in the manner provided in Article 13A or 13B of this
20Code. A pupil must not be denied transfer because of the
21suspension, except in cases in which such transfer is deemed to
22cause a threat to the safety of students or staff in the
23alternative program.
24    (c) The Department of Human Services shall be invited to
25send a representative to consult with the board at such meeting
26whenever there is evidence that mental illness may be the cause

 

 

HB4048- 16 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 17 -LRB099 08096 RLC 28242 b

1Expulsion or suspension shall be construed in a manner
2consistent with the Federal Individuals with Disabilities
3Education Act. A student who is subject to suspension or
4expulsion as provided in this Section may be eligible for a
5transfer to an alternative school program in accordance with
6Article 13A of the School Code. The provisions of this
7subsection (d) apply in all school districts, including special
8charter districts and districts organized under Article 34.
9    (d-5) The board may suspend or by regulation authorize the
10superintendent of the district or the principal, assistant
11principal, or dean of students of any school to suspend a
12student for a period not to exceed 10 school days or may expel
13a student for a definite period of time not to exceed 2
14calendar years, as determined on a case by case basis, if (i)
15that student has been determined to have made an explicit
16threat on an Internet website against a school employee, a
17student, or any school-related personnel, (ii) the Internet
18website through which the threat was made is a site that was
19accessible within the school at the time the threat was made or
20was available to third parties who worked or studied within the
21school grounds at the time the threat was made, and (iii) the
22threat could be reasonably interpreted as threatening to the
23safety and security of the threatened individual because of his
24or her duties or employment status or status as a student
25inside the school. The provisions of this subsection (d-5)
26apply in all school districts, including special charter

 

 

HB4048- 18 -LRB099 08096 RLC 28242 b

1districts and districts organized under Article 34 of this
2Code.
3    (e) To maintain order and security in the schools, school
4authorities may inspect and search places and areas such as
5lockers, desks, parking lots, and other school property and
6equipment owned or controlled by the school, as well as
7personal effects left in those places and areas by students,
8without notice to or the consent of the student, and without a
9search warrant. As a matter of public policy, the General
10Assembly finds that students have no reasonable expectation of
11privacy in these places and areas or in their personal effects
12left in these places and areas. School authorities may request
13the assistance of law enforcement officials for the purpose of
14conducting inspections and searches of lockers, desks, parking
15lots, and other school property and equipment owned or
16controlled by the school for illegal drugs, weapons, or other
17illegal or dangerous substances or materials, including
18searches conducted through the use of specially trained dogs.
19If a search conducted in accordance with this Section produces
20evidence that the student has violated or is violating either
21the law, local ordinance, or the school's policies or rules,
22such evidence may be seized by school authorities, and
23disciplinary action may be taken. School authorities may also
24turn over such evidence to law enforcement authorities. The
25provisions of this subsection (e) apply in all school
26districts, including special charter districts and districts

 

 

HB4048- 19 -LRB099 08096 RLC 28242 b

1organized under Article 34.
2    (f) Suspension or expulsion may include suspension or
3expulsion from school and all school activities and a
4prohibition from being present on school grounds.
5    (g) A school district may adopt a policy providing that if
6a student is suspended or expelled for any reason from any
7public or private school in this or any other state, the
8student must complete the entire term of the suspension or
9expulsion in an alternative school program under Article 13A of
10this Code or an alternative learning opportunities program
11under Article 13B of this Code before being admitted into the
12school district if there is no threat to the safety of students
13or staff in the alternative program. This subsection (g)
14applies to all school districts, including special charter
15districts and districts organized under Article 34 of this
16Code.
17(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;
1897-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12;
1997-1150, eff. 1-25-13.)
 
20    (105 ILCS 5/10-27.1A)
21    Sec. 10-27.1A. Firearms in schools.
22    (a) All school officials, including teachers, guidance
23counselors, and support staff, shall immediately notify the
24office of the principal in the event that they observe any
25person in possession of a firearm on school grounds; provided

 

 

HB4048- 20 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 21 -LRB099 08096 RLC 28242 b

1principal or his or her designee shall also immediately notify
2that student's parent or guardian. Any principal or his or her
3designee acting in good faith who makes such reports under this
4Section shall have immunity from any civil or criminal
5liability that might otherwise be incurred or imposed as a
6result of making the reports. Knowingly and willfully failing
7to comply with this Section is a petty offense. A second or
8subsequent offense is a Class C misdemeanor. If the person
9found to be in possession of the firearm on school grounds is a
10minor, the law enforcement agency shall detain that minor until
11such time as the agency makes a determination pursuant to
12clause (a) of subsection (1) of Section 5-401 of the Juvenile
13Court Act of 1987, as to whether the agency reasonably believes
14that the minor is delinquent. If the law enforcement agency
15determines that probable cause exists to believe that the minor
16committed a violation of item (4) of subsection (a) of Section
1724-1 of the Criminal Code of 2012 while on school grounds, the
18agency shall detain the minor for processing pursuant to
19Section 5-407 of the Juvenile Court Act of 1987.
20    (c) On or after January 1, 1997, upon receipt of any
21written, electronic, or verbal report from any school personnel
22regarding a verified incident involving a firearm in a school
23or on school owned or leased property, including any conveyance
24owned, leased, or used by the school for the transport of
25students or school personnel, the superintendent or his or her
26designee shall report all such firearm-related incidents

 

 

HB4048- 22 -LRB099 08096 RLC 28242 b

1occurring in a school or on school property to the local law
2enforcement authorities immediately and to the Department of
3State Police in a form, manner, and frequency as prescribed by
4the Department of State Police.
5    The State Board of Education shall receive an annual
6statistical compilation and related data associated with
7incidents involving firearms in schools from the Department of
8State Police. The State Board of Education shall compile this
9information by school district and make it available to the
10public.
11    (d) As used in this Section, the term "firearm" shall have
12the meaning ascribed to it in Section 1.1 of the Firearm Owners
13Identification Card and Certificate of Handgun Registration
14Act.
15    As used in this Section, the term "school" means any public
16or private elementary or secondary school.
17    As used in this Section, the term "school grounds" includes
18the real property comprising any school, any conveyance owned,
19leased, or contracted by a school to transport students to or
20from school or a school-related activity, or any public way
21within 1,000 feet of the real property comprising any school.
22(Source: P.A. 97-1150, eff. 1-25-13.)
 
23    (105 ILCS 5/34-8.05)
24    Sec. 34-8.05. Reporting firearms in schools. On or after
25January 1, 1997, upon receipt of any written, electronic, or

 

 

HB4048- 23 -LRB099 08096 RLC 28242 b

1verbal report from any school personnel regarding a verified
2incident involving a firearm in a school or on school owned or
3leased property, including any conveyance owned, leased, or
4used by the school for the transport of students or school
5personnel, the general superintendent or his or her designee
6shall report all such firearm-related incidents occurring in a
7school or on school property to the local law enforcement
8authorities no later than 24 hours after the occurrence of the
9incident and to the Department of State Police in a form,
10manner, and frequency as prescribed by the Department of State
11Police.
12    The State Board of Education shall receive an annual
13statistical compilation and related data associated with
14incidents involving firearms in schools from the Department of
15State Police. As used in this Section, the term "firearm" shall
16have the meaning ascribed to it in Section 1.1 of the Firearm
17Owners Identification Card and Certificate of Handgun
18Registration Act.
19(Source: P.A. 89-498, eff. 6-27-96.)
 
20    Section 21. The Illinois Explosives Act is amended by
21changing Section 2005 as follows:
 
22    (225 ILCS 210/2005)  (from Ch. 96 1/2, par. 1-2005)
23    Sec. 2005. Qualifications for licensure.
24    (a) No person shall qualify to hold a license who:

 

 

HB4048- 24 -LRB099 08096 RLC 28242 b

1        (1) is under 21 years of age;
2        (2) has been convicted in any court of a crime
3    punishable by imprisonment for a term exceeding one year;
4        (3) is under indictment for a crime punishable by
5    imprisonment for a term exceeding one year;
6        (4) is a fugitive from justice;
7        (5) is an unlawful user of or addicted to any
8    controlled substance as defined in Section 102 of the
9    federal Controlled Substances Act (21 U.S.C. Sec. 802 et
10    seq.);
11        (6) has been adjudicated a mentally disabled person as
12    defined in Section 1.1 of the Firearm Owners Identification
13    Card and Certificate of Handgun Registration Act; or
14        (7) is not a legal citizen of the United States.
15    (b) A person who has been granted a "relief from
16disabilities" regarding criminal convictions and indictments,
17pursuant to the federal Safe Explosives Act (18 U.S.C. Sec.
18845) may receive a license provided all other qualifications
19under this Act are met.
20(Source: P.A. 98-63, eff. 7-9-13.)
 
21    Section 22. The Private Detective, Private Alarm, Private
22Security, Fingerprint Vendor, and Locksmith Act of 2004 is
23amended by changing Section 35-35 as follows:
 
24    (225 ILCS 447/35-35)

 

 

HB4048- 25 -LRB099 08096 RLC 28242 b

1    (Section scheduled to be repealed on January 1, 2024)
2    Sec. 35-35. Requirement of a firearm control card.
3    (a) No person shall perform duties that include the use,
4carrying, or possession of a firearm in the performance of
5those duties without complying with the provisions of this
6Section and having been issued a valid firearm control card by
7the Department.
8    (b) No employer shall employ any person to perform the
9duties for which licensure or employee registration is required
10and allow that person to carry a firearm unless that person has
11complied with all the firearm training requirements of this
12Section and has been issued a firearm control card. This Act
13permits only the following to carry firearms while actually
14engaged in the performance of their duties or while commuting
15directly to or from their places of employment: persons
16licensed as private detectives and their registered employees;
17persons licensed as private security contractors and their
18registered employees; persons licensed as private alarm
19contractors and their registered employees; and employees of a
20registered armed proprietary security force.
21    (c) Possession of a valid firearm control card allows a
22licensee or employee to carry a firearm not otherwise
23prohibited by law while the licensee or employee is engaged in
24the performance of his or her duties or while the licensee or
25employee is commuting directly to or from the licensee's or
26employee's place or places of employment.

 

 

HB4048- 26 -LRB099 08096 RLC 28242 b

1    (d) The Department shall issue a firearm control card to a
2person who has passed an approved firearm training course, who
3is currently licensed or employed by an agency licensed by this
4Act and has met all the requirements of this Act, and who
5possesses a valid firearm owner identification card.
6Application for the firearm control card shall be made by the
7employer to the Department on forms provided by the Department.
8The Department shall forward the card to the employer who shall
9be responsible for its issuance to the licensee or employee.
10The firearm control card shall be issued by the Department and
11shall identify the person holding it and the name of the course
12where the licensee or employee received firearm instruction and
13shall specify the type of weapon or weapons the person is
14authorized by the Department to carry and for which the person
15has been trained.
16    (e) Expiration and requirements for renewal of firearm
17control cards shall be determined by rule.
18    (f) The Department may, in addition to any other
19disciplinary action permitted by this Act, refuse to issue,
20suspend, or revoke a firearm control card if the applicant or
21holder has been convicted of any felony or crime involving the
22illegal use, carrying, or possession of a deadly weapon or for
23a violation of this Act or rules promulgated under this Act.
24The Department shall refuse to issue or shall revoke a firearm
25control card if the applicant or holder fails to possess a
26valid firearm owners identification card, and a certificate of

 

 

HB4048- 27 -LRB099 08096 RLC 28242 b

1handgun registration if the employee's duties require the
2possession of a handgun, without hearing. The Secretary shall
3summarily suspend a firearm control card if the Secretary finds
4that its continued use would constitute an imminent danger to
5the public. A hearing shall be held before the Board within 30
6days if the Secretary summarily suspends a firearm control
7card.
8    (g) Notwithstanding any other provision of this Act to the
9contrary, all requirements relating to firearms control cards
10do not apply to a peace officer.
11    (h) The Department may issue a temporary firearm control
12card pending issuance of a new firearm control card upon an
13agency's acquiring of an established armed account. An agency
14that has acquired armed employees as a result of acquiring an
15established armed account may, on forms supplied by the
16Department, request the issuance of a temporary firearm control
17card for each acquired employee who held a valid firearm
18control card under his or her employment with the newly
19acquired established armed account immediately preceding the
20acquiring of the account and who continues to meet all of the
21qualifications for issuance of a firearm control card set forth
22in this Act and any rules adopted under this Act. The
23Department shall, by rule, set the fee for issuance of a
24temporary firearm control card.
25    (i) The Department shall not issue a firearm control card
26to a licensed fingerprint vendor or a licensed locksmith or

 

 

HB4048- 28 -LRB099 08096 RLC 28242 b

1employees of a licensed fingerprint vendor agency or a licensed
2locksmith agency.
3(Source: P.A. 98-253, eff. 8-9-13.)
 
4    Section 23. The Mental Health and Developmental
5Disabilities Code is amended by changing Sections 6-103.1,
66-103.2, and 6-103.3 as follows:
 
7    (405 ILCS 5/6-103.1)
8    Sec. 6-103.1. Adjudication as a mentally disabled person.
9When a person has been adjudicated as a mentally disabled
10person as defined in Section 1.1 of the Firearm Owners
11Identification Card and Certificate of Handgun Registration
12Act, including, but not limited to, an adjudication as a
13disabled person as defined in Section 11a-2 of the Probate Act
14of 1975, the court shall direct the circuit court clerk to
15notify the Department of State Police, Firearm Owner's
16Identification (FOID) Office, in a form and manner prescribed
17by the Department of State Police, and shall forward a copy of
18the court order to the Department no later than 7 days after
19the entry of the order. Upon receipt of the order, the
20Department of State Police shall provide notification to the
21National Instant Criminal Background Check System.
22(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)
 
23    (405 ILCS 5/6-103.2)

 

 

HB4048- 29 -LRB099 08096 RLC 28242 b

1    Sec. 6-103.2. Developmental disability; notice. For
2purposes of this Section, if a person is determined to be
3developmentally disabled as defined in Section 1.1 of the
4Firearm Owners Identification Card and Certificate of Handgun
5Registration Act by a physician, clinical psychologist, or
6qualified examiner, whether practicing at a public or by a
7private mental health facility or developmental disability
8facility, the physician, clinical psychologist, or qualified
9examiner shall notify the Department of Human Services within
1024 hours of making the determination that the person has a
11developmental disability. The Department of Human Services
12shall immediately update its records and information relating
13to mental health and developmental disabilities, and if
14appropriate, shall notify the Department of State Police in a
15form and manner prescribed by the Department of State Police.
16Information disclosed under this Section shall remain
17privileged and confidential, and shall not be redisclosed,
18except as required under subsection (e) of Section 3.1 of the
19Firearm Owners Identification Card and Certificate of Handgun
20Registration Act, nor used for any other purpose. The method of
21providing this information shall guarantee that the
22information is not released beyond that which is necessary for
23the purpose of this Section and shall be provided by rule by
24the Department of Human Services. The identity of the person
25reporting under this Section shall not be disclosed to the
26subject of the report.

 

 

HB4048- 30 -LRB099 08096 RLC 28242 b

1    The physician, clinical psychologist, or qualified
2examiner making the determination and his or her employer may
3not be held criminally, civilly, or professionally liable for
4making or not making the notification required under this
5Section, except for willful or wanton misconduct.
6(Source: P.A. 98-63, eff. 7-9-13.)
 
7    (405 ILCS 5/6-103.3)
8    Sec. 6-103.3. Clear and present danger; notice. If a person
9is determined to pose a clear and present danger to himself,
10herself, or to others by a physician, clinical psychologist, or
11qualified examiner, whether employed by the State, by any
12public or private mental health facility or part thereof, or by
13a law enforcement official or a school administrator, then the
14physician, clinical psychologist, qualified examiner shall
15notify the Department of Human Services and a law enforcement
16official or school administrator shall notify the Department of
17State Police, within 24 hours of making the determination that
18the person poses a clear and present danger. The Department of
19Human Services shall immediately update its records and
20information relating to mental health and developmental
21disabilities, and if appropriate, shall notify the Department
22of State Police in a form and manner prescribed by the
23Department of State Police. Information disclosed under this
24Section shall remain privileged and confidential, and shall not
25be redisclosed, except as required under subsection (e) of

 

 

HB4048- 31 -LRB099 08096 RLC 28242 b

1Section 3.1 of the Firearm Owners Identification Card and
2Certificate of Handgun Registration Act, nor used for any other
3purpose. The method of providing this information shall
4guarantee that the information is not released beyond that
5which is necessary for the purpose of this Section and shall be
6provided by rule by the Department of Human Services. The
7identity of the person reporting under this Section shall not
8be disclosed to the subject of the report. The physician,
9clinical psychologist, qualified examiner, law enforcement
10official, or school administrator making the determination and
11his or her employer shall not be held criminally, civilly, or
12professionally liable for making or not making the notification
13required under this Section, except for willful or wanton
14misconduct. This Section does not apply to a law enforcement
15official, if making the notification under this Section will
16interfere with an ongoing or pending criminal investigation.
17    For the purposes of this Section:
18        "Clear and present danger" has the meaning ascribed to
19    it in Section 1.1 of the Firearm Owners Identification Card
20    and Certificate of Handgun Registration Act.
21        "School administrator" means the person required to
22    report under the School Administrator Reporting of Mental
23    Health Clear and Present Danger Determinations Law.
24(Source: P.A. 98-63, eff. 7-9-13.)
 
25    Section 25. The Lead Poisoning Prevention Act is amended by

 

 

HB4048- 32 -LRB099 08096 RLC 28242 b

1changing Section 2 as follows:
 
2    (410 ILCS 45/2)  (from Ch. 111 1/2, par. 1302)
3    Sec. 2. Definitions. As used in this Act:
4    "Child care facility" means any structure used by a child
5care provider licensed by the Department of Children and Family
6Services or public or private school structure frequented by
7children 6 years of age or younger.
8    "Childhood Lead Risk Questionnaire" means the
9questionnaire developed by the Department for use by physicians
10and other health care providers to determine risk factors for
11children 6 years of age or younger residing in areas designated
12as low risk for lead exposure.
13    "Delegate agency" means a unit of local government or
14health department approved by the Department to carry out the
15provisions of this Act.
16    "Department" means the Department of Public Health.
17    "Director" means the Director of Public Health.
18    "Dwelling unit" means an individual unit within a
19residential building used as living quarters for one household.
20    "Elevated blood lead level" means a blood lead level in
21excess of those considered within the permissible limits as
22established under State and federal rules.
23    "Exposed surface" means any interior or exterior surface of
24a regulated facility.
25    "High risk area" means an area in the State determined by

 

 

HB4048- 33 -LRB099 08096 RLC 28242 b

1the Department to be high risk for lead exposure for children 6
2years of age or younger. The Department may consider, but is
3not limited to, the following factors to determine a high risk
4area: age and condition (using Department of Housing and Urban
5Development definitions of "slum" and "blighted") of housing,
6proximity to highway traffic or heavy local traffic or both,
7percentage of housing determined as rental or vacant, proximity
8to industry using lead, established incidence of elevated blood
9lead levels in children, percentage of population living below
10200% of federal poverty guidelines, and number of children
11residing in the area who are 6 years of age or younger.
12    "Lead abatement" means any approved work practices that
13will permanently eliminate lead exposure or remove the
14lead-bearing substances in a regulated facility. The
15Department shall establish by rule which work practices are
16approved or prohibited for lead abatement.
17    "Lead abatement contractor" means any person or entity
18licensed by the Department to perform lead abatement and
19mitigation.
20    "Lead abatement supervisor" means any person employed by a
21lead abatement contractor and licensed by the Department to
22perform lead abatement and lead mitigation and to supervise
23lead workers who perform lead abatement and lead mitigation.
24    "Lead abatement worker" means any person employed by a lead
25abatement contractor and licensed by the Department to perform
26lead abatement and mitigation.

 

 

HB4048- 34 -LRB099 08096 RLC 28242 b

1    "Lead activities" means the conduct of any lead services,
2including, lead inspection, lead risk assessment, lead
3mitigation, or lead abatement work or supervision in a
4regulated facility.
5    "Lead-bearing substance" means any item containing or
6coated with lead such that the lead content is more than
7six-hundredths of one percent (0.06%) lead by total weight; or
8any dust on surfaces or in furniture or other nonpermanent
9elements of the regulated facility; or any paint or other
10surface coating material containing more than five-tenths of
11one percent (0.5%) lead by total weight (calculated as lead
12metal) in the total non-volatile content of liquid paint; or
13lead-bearing substances containing greater than one milligram
14per square centimeter or any lower standard for lead content in
15residential paint as may be established by federal law or rule;
16or more than 1 milligram per square centimeter in the dried
17film of paint or previously applied substance; or item or dust
18on item containing lead in excess of the amount specified in
19the rules authorized by this Act or a lower standard for lead
20content as may be established by federal law or rule.
21"Lead-bearing substance" does not include firearm ammunition
22or components as defined by the Firearm Owners Identification
23Card and Certificate of Handgun Registration Act.
24    "Lead hazard" means a lead-bearing substance that poses an
25immediate health hazard to humans.
26    "Lead hazard screen" means a lead risk assessment that

 

 

HB4048- 35 -LRB099 08096 RLC 28242 b

1involves limited dust and paint sampling for lead-bearing
2substances and lead hazards. This service is used as a
3screening tool designed to determine if further lead
4investigative services are required for the regulated
5facility.
6    "Lead inspection" means a surface-by-surface investigation
7to determine the presence of lead-based paint.
8    "Lead inspector" means an individual who has been trained
9by a Department-approved training program and is licensed by
10the Department to conduct lead inspections; to sample for the
11presence of lead in paint, dust, soil, and water; and to
12conduct compliance investigations.
13    "Lead mitigation" means the remediation, in a manner
14described in Section 9, of a lead hazard so that the
15lead-bearing substance does not pose an immediate health hazard
16to humans.
17    "Lead poisoning" means the condition of having blood lead
18levels in excess of those considered safe under State and
19federal rules.
20    "Lead risk assessment" means an on-site investigation to
21determine the existence, nature, severity, and location of lead
22hazards. "Lead risk assessment" includes any lead sampling and
23visual assessment associated with conducting a lead risk
24assessment and lead hazard screen and all lead sampling
25associated with compliance investigations.
26    "Lead risk assessor" means an individual who has been

 

 

HB4048- 36 -LRB099 08096 RLC 28242 b

1trained by a Department-approved training program and is
2licensed by the Department to conduct lead risk assessments,
3lead inspections, and lead hazard screens; to sample for the
4presence of lead in paint, dust, soil, water, and sources for
5lead-bearing substances; and to conduct compliance
6investigations.
7    "Lead training program provider" means any person
8providing Department-approved lead training in Illinois to
9individuals seeking licensure in accordance with the Act.
10    "Low risk area" means an area in the State determined by
11the Department to be low risk for lead exposure for children 6
12years of age or younger. The Department may consider the
13factors named in "high risk area" to determine low risk areas.
14    "Owner" means any person, who alone, jointly, or severally
15with others:
16        (a) Has legal title to any regulated facility, with or
17    without actual possession of the regulated facility, or
18        (b) Has charge, care, or control of the regulated
19    facility as owner or agent of the owner, or as executor,
20    administrator, trustee, or guardian of the estate of the
21    owner.
22    "Person" means any individual, partnership, firm, company,
23limited liability company, corporation, association, joint
24stock company, trust, estate, political subdivision, State
25agency, or any other legal entity, or their legal
26representative, agent, or assign.

 

 

HB4048- 37 -LRB099 08096 RLC 28242 b

1    "Regulated facility" means a residential building or child
2care facility.
3    "Residential building" means any room, group of rooms, or
4other interior areas of a structure designed or used for human
5habitation; common areas accessible by inhabitants; and the
6surrounding property or structures.
7(Source: P.A. 98-690, eff. 1-1-15.)
 
8    Section 30. The Firearm Owners Identification Card Act is
9amended by changing Sections 0.01, 1, 1.1, 3, 3.1, 4, 6.1, and
1014 and by adding Section 3.4 as follows:
 
11    (430 ILCS 65/0.01)  (from Ch. 38, par. 83-0.1)
12    Sec. 0.01. Short title. This Act may be cited as the
13Firearm Owners Identification Card and Certificate of Handgun
14Registration Act.
15(Source: P.A. 86-1324.)
 
16    (430 ILCS 65/1)  (from Ch. 38, par. 83-1)
17    Sec. 1. It is hereby declared as a matter of legislative
18determination that in order to promote and protect the health,
19safety and welfare of the public, it is necessary and in the
20public interest to provide a system of identifying persons who
21are not qualified to acquire or possess firearms, firearm
22ammunition, stun guns, and tasers within the State of Illinois
23by the establishment of a system of Firearm Owner's

 

 

HB4048- 38 -LRB099 08096 RLC 28242 b

1Identification Cards and handgun registration, thereby
2establishing a practical and workable system by which law
3enforcement authorities will be afforded an opportunity to
4identify those persons who are prohibited by Section 24-3.1 of
5the Criminal Code of 2012, from acquiring or possessing
6firearms and firearm ammunition and who are prohibited by this
7Act from acquiring stun guns and tasers, and to identify the
8ownership of handguns that have been recovered or seized as
9evidence.
10(Source: P.A. 97-1150, eff. 1-25-13.)
 
11    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
12    Sec. 1.1. For purposes of this Act:
13    "Addicted to narcotics" means a person who has been:
14        (1) convicted of an offense involving the use or
15    possession of cannabis, a controlled substance, or
16    methamphetamine within the past year; or
17        (2) determined by the Department of State Police to be
18    addicted to narcotics based upon federal law or federal
19    guidelines.
20    "Addicted to narcotics" does not include possession or use
21of a prescribed controlled substance under the direction and
22authority of a physician or other person authorized to
23prescribe the controlled substance when the controlled
24substance is used in the prescribed manner.
25    "Adjudicated as a mentally disabled person" means the

 

 

HB4048- 39 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 40 -LRB099 08096 RLC 28242 b

1        (10) is subject to involuntary admission as an
2    inpatient as defined in Section 1-119 of the Mental Health
3    and Developmental Disabilities Code;
4        (11) is subject to involuntary admission as an
5    outpatient as defined in Section 1-119.1 of the Mental
6    Health and Developmental Disabilities Code;
7        (12) is subject to judicial admission as set forth in
8    Section 4-500 of the Mental Health and Developmental
9    Disabilities Code; or
10        (13) is subject to the provisions of the Interstate
11    Agreements on Sexually Dangerous Persons Act.
12    "Clear and present danger" means a person who:
13        (1) communicates a serious threat of physical violence
14    against a reasonably identifiable victim or poses a clear
15    and imminent risk of serious physical injury to himself,
16    herself, or another person as determined by a physician,
17    clinical psychologist, or qualified examiner; or
18        (2) demonstrates threatening physical or verbal
19    behavior, such as violent, suicidal, or assaultive
20    threats, actions, or other behavior, as determined by a
21    physician, clinical psychologist, qualified examiner,
22    school administrator, or law enforcement official.
23    "Certificate of handgun registration" means a certificate
24issued by the Illinois Department of State Police pursuant to
25Section 3.4 of this Act.
26    "Clinical psychologist" has the meaning provided in

 

 

HB4048- 41 -LRB099 08096 RLC 28242 b

1Section 1-103 of the Mental Health and Developmental
2Disabilities Code.
3    "Controlled substance" means a controlled substance or
4controlled substance analog as defined in the Illinois
5Controlled Substances Act.
6    "Counterfeit" means to copy or imitate, without legal
7authority, with intent to deceive.
8    "Developmentally disabled" means a disability which is
9attributable to any other condition which results in impairment
10similar to that caused by an intellectual disability and which
11requires services similar to those required by intellectually
12disabled persons. The disability must originate before the age
13of 18 years, be expected to continue indefinitely, and
14constitute a substantial handicap.
15    "Federally licensed firearm dealer" means a person who is
16licensed as a federal firearms dealer under Section 923 of the
17federal Gun Control Act of 1968 (18 U.S.C. 923).
18    "Firearm" means any device, by whatever name known, which
19is designed to expel a projectile or projectiles by the action
20of an explosion, expansion of gas or escape of gas; excluding,
21however:
22        (1) any pneumatic gun, spring gun, paint ball gun, or
23    B-B gun which expels a single globular projectile not
24    exceeding .18 inch in diameter or which has a maximum
25    muzzle velocity of less than 700 feet per second;
26        (1.1) any pneumatic gun, spring gun, paint ball gun, or

 

 

HB4048- 42 -LRB099 08096 RLC 28242 b

1    B-B gun which expels breakable paint balls containing
2    washable marking colors;
3        (2) any device used exclusively for signalling or
4    safety and required or recommended by the United States
5    Coast Guard or the Interstate Commerce Commission;
6        (3) any device used exclusively for the firing of stud
7    cartridges, explosive rivets or similar industrial
8    ammunition; and
9        (4) an antique firearm (other than a machine-gun)
10    which, although designed as a weapon, the Department of
11    State Police finds by reason of the date of its
12    manufacture, value, design, and other characteristics is
13    primarily a collector's item and is not likely to be used
14    as a weapon.
15    "Firearm ammunition" means any self-contained cartridge or
16shotgun shell, by whatever name known, which is designed to be
17used or adaptable to use in a firearm; excluding, however:
18        (1) any ammunition exclusively designed for use with a
19    device used exclusively for signalling or safety and
20    required or recommended by the United States Coast Guard or
21    the Interstate Commerce Commission; and
22        (2) any ammunition designed exclusively for use with a
23    stud or rivet driver or other similar industrial
24    ammunition.
25    "Gun show" means an event or function:
26        (1) at which the sale and transfer of firearms is the

 

 

HB4048- 43 -LRB099 08096 RLC 28242 b

1    regular and normal course of business and where 50 or more
2    firearms are displayed, offered, or exhibited for sale,
3    transfer, or exchange; or
4        (2) at which not less than 10 gun show vendors display,
5    offer, or exhibit for sale, sell, transfer, or exchange
6    firearms.
7    "Gun show" includes the entire premises provided for an
8event or function, including parking areas for the event or
9function, that is sponsored to facilitate the purchase, sale,
10transfer, or exchange of firearms as described in this Section.
11    "Gun show" does not include training or safety classes,
12competitive shooting events, such as rifle, shotgun, or handgun
13matches, trap, skeet, or sporting clays shoots, dinners,
14banquets, raffles, or any other event where the sale or
15transfer of firearms is not the primary course of business.
16    "Gun show promoter" means a person who organizes or
17operates a gun show.
18    "Gun show vendor" means a person who exhibits, sells,
19offers for sale, transfers, or exchanges any firearms at a gun
20show, regardless of whether the person arranges with a gun show
21promoter for a fixed location from which to exhibit, sell,
22offer for sale, transfer, or exchange any firearm.
23    "Handgun" means a firearm designed to be held and fired by
24the use of a single hand, and includes a combination of parts
25from which the firearm can be assembled.
26    "Intellectually disabled" means significantly subaverage

 

 

HB4048- 44 -LRB099 08096 RLC 28242 b

1general intellectual functioning which exists concurrently
2with impairment in adaptive behavior and which originates
3before the age of 18 years.
4    "Involuntarily admitted" has the meaning as prescribed in
5Sections 1-119 and 1-119.1 of the Mental Health and
6Developmental Disabilities Code.
7    "Mental health facility" means any licensed private
8hospital or hospital affiliate, institution, or facility, or
9part thereof, and any facility, or part thereof, operated by
10the State or a political subdivision thereof which provide
11treatment of persons with mental illness and includes all
12hospitals, institutions, clinics, evaluation facilities,
13mental health centers, colleges, universities, long-term care
14facilities, and nursing homes, or parts thereof, which provide
15treatment of persons with mental illness whether or not the
16primary purpose is to provide treatment of persons with mental
17illness.
18    "Patient" means:
19        (1) a person who voluntarily receives mental health
20    treatment as an in-patient or resident of any public or
21    private mental health facility, unless the treatment was
22    solely for an alcohol abuse disorder and no other secondary
23    substance abuse disorder or mental illness; or
24        (2) a person who voluntarily receives mental health
25    treatment as an out-patient or is provided services by a
26    public or private mental health facility, and who poses a

 

 

HB4048- 45 -LRB099 08096 RLC 28242 b

1    clear and present danger to himself, herself, or to others.
2    "Physician" has the meaning as defined in Section 1-120 of
3the Mental Health and Developmental Disabilities Code.
4    "Qualified examiner" has the meaning provided in Section
51-122 of the Mental Health and Developmental Disabilities Code.
6    "Sanctioned competitive shooting event" means a shooting
7contest officially recognized by a national or state shooting
8sport association, and includes any sight-in or practice
9conducted in conjunction with the event.
10    "School administrator" means the person required to report
11under the School Administrator Reporting of Mental Health Clear
12and Present Danger Determinations Law.
13    "Stun gun or taser" has the meaning ascribed to it in
14Section 24-1 of the Criminal Code of 2012.
15(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13;
1697-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)
 
17    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
18    Sec. 3. (a) Except as provided in Section 3a, no person may
19knowingly transfer, or cause to be transferred, any firearm,
20firearm ammunition, stun gun, or taser to any person within
21this State unless the transferee with whom he deals displays a
22currently valid Firearm Owner's Identification Card which has
23previously been issued in his name by the Department of State
24Police under the provisions of this Act. In addition, all
25firearm, stun gun, and taser transfers by federally licensed

 

 

HB4048- 46 -LRB099 08096 RLC 28242 b

1firearm dealers are subject to Section 3.1. In addition, the
2transferor and transferee of a handgun shall be subject to
3Section 3.4 of this Act regardless of whether the transferor is
4a federally licensed firearm dealer.
5    (a-5) Any person who is not a federally licensed firearm
6dealer and who desires to transfer or sell a firearm while that
7person is on the grounds of a gun show must, before selling or
8transferring the firearm, request the Department of State
9Police to conduct a background check on the prospective
10recipient of the firearm in accordance with Section 3.1.
11Whenever a person who is exempt from Section 3.4 of this Act
12transfers a handgun to a person who is not exempt, the
13transferor shall notify the Department of State Police of the
14transfer, on a form or in a manner prescribed by the
15Department, within 10 days after the transfer.
16    (a-10) Any person who is not a federally licensed firearm
17dealer and who desires to transfer or sell a firearm or
18firearms to any person who is not a federally licensed firearm
19dealer shall, before selling or transferring the firearms,
20contact the Department of State Police with the transferee's or
21purchaser's Firearm Owner's Identification Card number to
22determine the validity of the transferee's or purchaser's
23Firearm Owner's Identification Card. This subsection shall not
24be effective until January 1, 2014. The Department of State
25Police may adopt rules concerning the implementation of this
26subsection. The Department of State Police shall provide the

 

 

HB4048- 47 -LRB099 08096 RLC 28242 b

1seller or transferor an approval number if the purchaser's
2Firearm Owner's Identification Card is valid. Approvals issued
3by the Department for the purchase of a firearm pursuant to
4this subsection are valid for 30 days from the date of issue.
5    (a-15) The provisions of subsection (a-10) of this Section
6do not apply to:
7        (1) transfers that occur at the place of business of a
8    federally licensed firearm dealer, if the federally
9    licensed firearm dealer conducts a background check on the
10    prospective recipient of the firearm in accordance with
11    Section 3.1 of this Act and follows all other applicable
12    federal, State, and local laws as if he or she were the
13    seller or transferor of the firearm, although the dealer is
14    not required to accept the firearm into his or her
15    inventory. The purchaser or transferee may be required by
16    the federally licensed firearm dealer to pay a fee not to
17    exceed $10 per firearm, which the dealer may retain as
18    compensation for performing the functions required under
19    this paragraph, plus the applicable fees authorized by
20    Section 3.1;
21        (2) transfers as a bona fide gift to the transferor's
22    husband, wife, son, daughter, stepson, stepdaughter,
23    father, mother, stepfather, stepmother, brother, sister,
24    nephew, niece, uncle, aunt, grandfather, grandmother,
25    grandson, granddaughter, father-in-law, mother-in-law,
26    son-in-law, or daughter-in-law;

 

 

HB4048- 48 -LRB099 08096 RLC 28242 b

1        (3) transfers by persons acting pursuant to operation
2    of law or a court order;
3        (4) transfers on the grounds of a gun show under
4    subsection (a-5) of this Section;
5        (5) the delivery of a firearm by its owner to a
6    gunsmith for service or repair, the return of the firearm
7    to its owner by the gunsmith, or the delivery of a firearm
8    by a gunsmith to a federally licensed firearms dealer for
9    service or repair and the return of the firearm to the
10    gunsmith;
11        (6) temporary transfers that occur while in the home of
12    the unlicensed transferee, if the unlicensed transferee is
13    not otherwise prohibited from possessing firearms and the
14    unlicensed transferee reasonably believes that possession
15    of the firearm is necessary to prevent imminent death or
16    great bodily harm to the unlicensed transferee;
17        (7) transfers to a law enforcement or corrections
18    agency or a law enforcement or corrections officer acting
19    within the course and scope of his or her official duties;
20        (8) transfers of firearms that have been rendered
21    permanently inoperable to a nonprofit historical society,
22    museum, or institutional collection; and
23        (9) transfers to a person who is exempt from the
24    requirement of possessing a Firearm Owner's Identification
25    Card under Section 2 of this Act.
26    (a-20) The Department of State Police shall develop an

 

 

HB4048- 49 -LRB099 08096 RLC 28242 b

1Internet-based system for individuals to determine the
2validity of a Firearm Owner's Identification Card prior to the
3sale or transfer of a firearm. The Department shall have the
4Internet-based system completed and available for use by July
51, 2015. The Department shall adopt rules not inconsistent with
6this Section to implement this system.
7    (b) Any person within this State who transfers or causes to
8be transferred any firearm, stun gun, or taser shall keep a
9record of such transfer for a period of 10 years from the date
10of transfer. Such record shall contain the date of the
11transfer; the description, serial number or other information
12identifying the firearm, stun gun, or taser if no serial number
13is available; and, if the transfer was completed within this
14State, the transferee's Firearm Owner's Identification Card
15number and any approval number or documentation provided by the
16Department of State Police pursuant to subsection (a-10) of
17this Section. On or after January 1, 2006, the record shall
18contain the date of application for transfer of the firearm. On
19demand of a peace officer such transferor shall produce for
20inspection such record of transfer. If the transfer or sale
21took place at a gun show, the record shall include the unique
22identification number. Failure to record the unique
23identification number or approval number is a petty offense.
24    (b-5) Any resident may purchase ammunition from a person
25within or outside of Illinois if shipment is by United States
26mail or by a private express carrier authorized by federal law

 

 

HB4048- 50 -LRB099 08096 RLC 28242 b

1to ship ammunition. Any resident purchasing ammunition within
2or outside the State of Illinois must provide the seller with a
3copy of his or her valid Firearm Owner's Identification Card
4and either his or her Illinois driver's license or Illinois
5State Identification Card prior to the shipment of the
6ammunition. The ammunition may be shipped only to an address on
7either of those 2 documents.
8    (c) The provisions of this Section regarding the transfer
9of firearm ammunition shall not apply to those persons
10specified in paragraph (b) of Section 2 of this Act.
11(Source: P.A. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.)
 
12    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
13    Sec. 3.1. Dial up system.
14    (a) The Department of State Police shall provide a dial up
15telephone system or utilize other existing technology which
16shall be used by any federally licensed firearm dealer, gun
17show promoter, or gun show vendor who is to transfer a firearm,
18stun gun, or taser under the provisions of this Act. The
19Department of State Police may utilize existing technology
20which allows the caller to be charged a fee not to exceed $2.
21Fees collected by the Department of State Police shall be
22deposited in the State Police Services Fund and used to provide
23the service.
24    (b) Upon receiving a request from a federally licensed
25firearm dealer, gun show promoter, or gun show vendor, the

 

 

HB4048- 51 -LRB099 08096 RLC 28242 b

1Department of State Police shall immediately approve, or within
2the time period established by Section 24-3 of the Criminal
3Code of 2012 regarding the delivery of firearms, stun guns, and
4tasers notify the inquiring dealer, gun show promoter, or gun
5show vendor of any objection that would disqualify the
6transferee from acquiring or possessing a firearm, stun gun, or
7taser. In conducting the inquiry, the Department of State
8Police shall initiate and complete an automated search of its
9criminal history record information files and those of the
10Federal Bureau of Investigation, including the National
11Instant Criminal Background Check System, and of the files of
12the Department of Human Services relating to mental health and
13developmental disabilities to obtain any felony conviction or
14patient hospitalization information which would disqualify a
15person from obtaining or require revocation of a currently
16valid Firearm Owner's Identification Card.
17    (c) If receipt of a firearm would not violate Section 24-3
18of the Criminal Code of 2012, federal law, or this Act the
19Department of State Police shall:
20        (1) assign a unique identification number to the
21    transfer; and
22        (2) provide the licensee, gun show promoter, or gun
23    show vendor with the number.
24    (d) Approvals issued by the Department of State Police for
25the purchase of a firearm are valid for 30 days from the date
26of issue.

 

 

HB4048- 52 -LRB099 08096 RLC 28242 b

1    (e) (1) The Department of State Police must act as the
2Illinois Point of Contact for the National Instant Criminal
3Background Check System.
4    (2) The Department of State Police and the Department of
5Human Services shall, in accordance with State and federal law
6regarding confidentiality, enter into a memorandum of
7understanding with the Federal Bureau of Investigation for the
8purpose of implementing the National Instant Criminal
9Background Check System in the State. The Department of State
10Police shall report the name, date of birth, and physical
11description of any person prohibited from possessing a firearm
12pursuant to the Firearm Owners Identification Card and
13Certificate of Handgun Registration Act or 18 U.S.C. 922(g) and
14(n) to the National Instant Criminal Background Check System
15Index, Denied Persons Files. The Department of State Police
16shall implement a program to distribute grant moneys, with
17funds appropriated for that purpose, to units of local
18government to facilitate participation in the National Instant
19Criminal Background Check System by their enforcement
20agencies.
21    (3) The Department of State Police shall provide notice of
22the disqualification of a person under subsection (b) of this
23Section or the revocation of a person's Firearm Owner's
24Identification Card under Section 8 of this Act, and the reason
25for the disqualification or revocation, to all law enforcement
26agencies with jurisdiction to assist with the seizure of the

 

 

HB4048- 53 -LRB099 08096 RLC 28242 b

1person's Firearm Owner's Identification Card.
2    (f) The Department of State Police shall adopt rules not
3inconsistent with this Section to implement this system.
4(Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
 
5    (430 ILCS 65/3.4 new)
6    Sec. 3.4. Certificate of handgun registration.
7    (a) No person shall transport or possess a handgun in this
8State without a certificate of handgun registration issued for
9that handgun by the Department of State Police.
10    (b) The provisions of this Section prohibiting a person
11from transporting or possessing a handgun without a certificate
12of handgun registration do not apply to the following persons:
13        (1) any person who is exempt from the Firearm Owners
14    Identification Card Act requirements pursuant to
15    subsection (b) of Section 2 of this Act;
16        (2) any person who is exempt from the Firearm Owners
17    Identification Card Act requirements pursuant to
18    subsection (c) of Section 2 of this Act;
19        (3) a certified member of the Illinois Firearms
20    Manufacturers Association; and
21        (4) a federally licensed firearm dealer holding a new
22    handgun for transfer or sale.
23    (c) An applicant for an original or transferred certificate
24of handgun registration shall submit an application to the
25Department, prepared and furnished at convenient locations

 

 

HB4048- 54 -LRB099 08096 RLC 28242 b

1throughout the State or by electronic means. The application
2shall request the following information from the applicant:
3        (1) the applicant's name, address, and telephone
4    number;
5        (2) a copy of the applicant's Illinois Firearm Owner's
6    Identification Card;
7        (3) the name of the manufacturer, the caliber or gauge,
8    the model, the type, and the serial number identification
9    of the handgun to be registered;
10        (4) the source from which the handgun was obtained,
11    including the name and address of the source;
12        (5) the date the handgun was acquired;
13        (6) any other information that the Department shall
14    find reasonably necessary or desirable to effectuate the
15    purposes of this Act and to arrive at a fair determination
16    as to whether the terms of this Act have been complied
17    with; and
18        (7) an affidavit signed by the applicant certifying
19    that the applicant:
20            (A) possesses a valid Firearm Owner's
21        Identification Card;
22            (B) as of the date of application, would still be
23        eligible to receive a Firearm Owner's Identification
24        Card from the Department.
25    (d) Any person who transports or possesses a handgun
26without a current certificate of handgun registration is guilty

 

 

HB4048- 55 -LRB099 08096 RLC 28242 b

1of a Class 2 felony. Any person who knowingly enters false or
2misleading information or who submits false or misleading
3evidence in connection with the application described in
4subsection (c) of this Section is guilty of a Class 2 felony.
5Any person who knows or should know that his or her registered
6handgun is lost, stolen, missing, or destroyed but does not
7report that occurrence to local law enforcement is guilty of a
8Class A misdemeanor. Any person who sells, transfers, or
9otherwise disposes of his or her registered handgun and does
10not notify the Department of that sale, transfer, or
11disposition within the timelines in this Act is guilty of a
12Class A misdemeanor. Any federally licensed dealer who does not
13submit an application on behalf of a purchaser in accordance
14with subsection (k-5) of this Section is guilty of a Class A
15misdemeanor.
16    (e) The Department shall issue an original or transferred
17certificate of registration or shall issue a written denial of
18the application within 30 days after the application is
19received.
20    (e-5) There is created in the State treasury the Handgun
21Certificate Administration Fund to be used by the Department of
22State Police for the administration of handgun registration as
23required by this Act.
24    (f) A nonrefundable application fee of $20 shall be payable
25for each original or transferred certificate of handgun
26registration. All moneys received from this $20 fee shall be

 

 

HB4048- 56 -LRB099 08096 RLC 28242 b

1deposited as follows:
2        (1) $10 to the Handgun Certificate Administration Fund
3    for the administration of handgun registration;
4        (2) $5 to the Illinois LEADS Information and Technology
5    Improvement Fund; and
6        (3) $5 to the National Instant Criminal Background
7    Check System Improvement Fund.
8    (g) A nonrefundable fee of $10 shall be payable for each
9duplicate or replacement certificate of handgun registration.
10All moneys received from this $10 fee shall be deposited into
11the Handgun Certificate Administration Fund for the
12administration of handgun registration.
13    (h) Certificates of handgun registration shall expire
14every 5 years. The fee for renewal of a certificate of handgun
15registration is $10. All moneys received from this $10 fee
16shall be deposited into the Handgun Certificate Administration
17Fund for the administration of handgun registration.
18    (i) Every person issued a certificate of handgun
19registration shall notify local law enforcement within 72 hours
20when:
21        (1) the person knows, or should have known, that his or
22    her handgun is lost, stolen, destroyed, or otherwise
23    missing; or
24        (2) the person knows, or should have known, that his or
25    her certificate of handgun registration is lost, stolen,
26    destroyed, or otherwise missing.

 

 

HB4048- 57 -LRB099 08096 RLC 28242 b

1    (i-5) Every person issued a certificate of handgun
2registration shall notify the Department in a manner prescribed
3by the Department within 72 hours of any of the following
4events:
5        (1) a change in any of the information appearing on the
6    certificate of handgun registration;
7        (2) the sale, transfer, inheritance, or other
8    disposition of the registered handgun.
9    (j) Every person issued a certificate of handgun
10registration, in addition to any other requirements of this
11Section, shall immediately return to the Department his or her
12copy of the certificate of handgun registration for any handgun
13which is lost, stolen, destroyed, or otherwise disposed of.
14    (k) If an owner transfers ownership of a handgun, he or she
15shall execute to the transferee, at the time of the delivery of
16the handgun, an assignment of registration in the space
17provided on the certificate of handgun registration, and shall
18cause the certificate and assignment to be delivered to the
19transferee.
20    (k-5) In the case of a federally licensed firearm dealer
21making a sale of a new handgun, the dealer shall submit the
22application described in subsection (c) of this Section along
23with the required fee to the Department on the purchaser's
24behalf within 20 days from the date of sale. If the purchaser
25does not receive an original certificate of handgun
26registration or a written denial of the application submitted

 

 

HB4048- 58 -LRB099 08096 RLC 28242 b

1on his or her behalf by the dealer within 50 days from the date
2of purchase, the purchaser shall inquire to the Department
3regarding the status of his or her application.
4    (l) Within 20 days after the delivery to a transferee of a
5handgun or the delivery of the certificate and assignment,
6whichever occurs sooner, the transferee shall execute the
7application for a new certificate of handgun registration in
8the space provided on the certificate and cause the certificate
9and application to be mailed or delivered to the Department.
10    (m) No transferee shall knowingly accept ownership of a
11handgun from a transferor who has failed to obtain a
12certificate of handgun registration in violation of this
13Section, or who fails to execute an assignment of registration
14to the transferee as required by subsection (k) of this
15Section.
16    (n) Any person who accepts delivery of a handgun that has
17not been previously registered and assigned to the transferee
18shall file an application for an original certificate of
19handgun registration within 20 days after taking possession of
20the handgun. Any person who owns a handgun on the effective
21date of this amendatory Act of the 99th General Assembly shall
22file an application for an original certificate of handgun
23registration not later than 90 days after the effective date of
24this amendatory Act of the 99th General Assembly.
25    (o) Transfer of ownership of a registered handgun shall not
26be considered complete until the transferee has complied with

 

 

HB4048- 59 -LRB099 08096 RLC 28242 b

1subsection (l) of this Section, provided that a transferor who
2has complied with subsections (i) and (k) of this Section, and
3has complied with the requirements of Section 3 and 3.1, if
4applicable, shall not be liable as an owner by virtue of the
5transferee's failure to comply with subsection (l) for damages
6arising out of use of the handgun.
7    (p) The Department has authority to deny an application for
8or to revoke and seize a certificate of handgun registration
9previously issued under this Section if the Department finds
10that:
11        (1) the person does not possess a valid Firearm Owner's
12    Identification Card;
13        (2) false or misleading information was submitted to
14    the Department in connection with the application; or
15        (3) the handgun is unlawful for the applicant to own.
16    (q) The Department of State Police and local law
17enforcement may exchange any information that is necessary for
18the proper administration of this Section unless the exchange
19is specifically prohibited by State or federal law.
20    (r) Whenever an application for a Certificate of Handgun
21Registration is denied, whenever the Department fails to act on
22an application within 30 days of its receipt, or whenever such
23a certificate is revoked or seized, the aggrieved party may
24appeal to the Director of the Department of State Police for a
25hearing upon such denial, failure to act, revocation or
26seizure, unless the denial, failure to act, revocation, or

 

 

HB4048- 60 -LRB099 08096 RLC 28242 b

1seizure was based upon a forcible felony, stalking, aggravated
2stalking, domestic battery, any violation of the Illinois
3Controlled Substances Act, the Methamphetamine Control and
4Community Protection Act, or the Cannabis Control Act that is
5classified as a Class 2 or greater felony, any felony violation
6of Article 24 of the Criminal Code of 2012, or any adjudication
7as a delinquent minor for the commission of an offense that if
8committed by an adult would be a felony, in which case the
9aggrieved party may petition the circuit court in writing in
10the county of his or her residence for a hearing upon such
11denial, failure to act, revocation, or seizure.
12        (1) At least 30 days before any hearing in the circuit
13    court, the petitioner shall serve the relevant State's
14    Attorney with a copy of the petition. The State's Attorney
15    may object to the petition and present evidence. At the
16    hearing the court shall determine whether substantial
17    justice has been done. Should the court determine that
18    substantial justice has not been done, the court shall
19    issue an order directing the Department of State Police to
20    issue a Certificate.
21        (2) Any person prohibited from possessing a firearm
22    under Sections 24-1.1 or 24-3.1 of the Criminal Code of
23    2012 or acquiring a Certificate of Handgun Registration
24    under Section 3.4 of this Act may apply to the Director of
25    the Department of State Police or petition the circuit
26    court in the county where the petitioner resides, whichever

 

 

HB4048- 61 -LRB099 08096 RLC 28242 b

1    is applicable in accordance with this subsection (r),
2    requesting relief from such prohibition and the Director or
3    court may grant such relief if it is established by the
4    applicant to the court's or Director's satisfaction that:
5            (A) when in the circuit court, the State's Attorney
6        has been served with a written copy of the petition at
7        least 30 days before any such hearing in the circuit
8        court and at the hearing the State's Attorney was
9        afforded an opportunity to present evidence and object
10        to the petition;
11            (B) the applicant has not been convicted of a
12        forcible felony under the laws of this State or any
13        other jurisdiction within 20 years of the applicant's
14        application for a Firearm Owner's Identification Card,
15        or at least 20 years have passed since the end of any
16        period of imprisonment imposed in relation to that
17        conviction;
18            (C) the circumstances regarding a criminal
19        conviction, where applicable, the applicant's criminal
20        history and his reputation are such that the applicant
21        will not be likely to act in a manner dangerous to
22        public safety; and
23            (D) granting relief would not be contrary to the
24        public interest.
25        (3) When a minor is adjudicated delinquent for an
26    offense which if committed by an adult would be a felony,

 

 

HB4048- 62 -LRB099 08096 RLC 28242 b

1    the court shall notify the Department of State Police.
2        (4) The court shall review the denial of an application
3    or the revocation of a Certificate of Handgun Registration
4    of a person who has been adjudicated delinquent for an
5    offense that if committed by an adult would be a felony if
6    an application for relief has been filed at least 10 years
7    after the adjudication of delinquency and the court
8    determines that the applicant should be granted relief from
9    disability to obtain a Certificate of Handgun
10    Registration. If the court grants relief, the court shall
11    notify the Department of State Police that the disability
12    has been removed and that the applicant is eligible to
13    obtain a Certificate of Handgun Registration.
14        (5) Any person who is prohibited from possessing a
15    firearm under 18 U.S.C. 922(d)(4) and 922(g)(4) of the
16    federal Gun Control Act of 1968 may apply to the Department
17    of State Police requesting relief from such prohibition and
18    the Director shall grant such relief if it is established
19    to the Director's satisfaction that the person will not be
20    likely to act in a manner dangerous to public safety and
21    granting relief would not be contrary to the public
22    interest.
23    (s) Notwithstanding any other provision of law, including
24the Freedom of Information Act, it is the public policy of this
25State that the names and information of people who have applied
26for or received certificates of handgun registration under this

 

 

HB4048- 63 -LRB099 08096 RLC 28242 b

1Section are considered private and shall not be disclosed. No
2State or local law enforcement agency shall provide the names
3and information of holders of or applicants for certificates of
4handgun registration, except that the Department may provide
5confirmation that an individual has or has not been issued,
6applied for, or denied a certificate of handgun registration in
7connection with a criminal investigation.
 
8    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
9    Sec. 4. (a) Each applicant for a Firearm Owner's
10Identification Card must:
11        (1) Make application on blank forms prepared and
12    furnished at convenient locations throughout the State by
13    the Department of State Police, or by electronic means, if
14    and when made available by the Department of State Police;
15    and
16        (2) Submit evidence to the Department of State Police
17    that:
18            (i) He or she is 21 years of age or over, or if he
19        or she is under 21 years of age that he or she has the
20        written consent of his or her parent or legal guardian
21        to possess and acquire firearms and firearm ammunition
22        and that he or she has never been convicted of a
23        misdemeanor other than a traffic offense or adjudged
24        delinquent, provided, however, that such parent or
25        legal guardian is not an individual prohibited from

 

 

HB4048- 64 -LRB099 08096 RLC 28242 b

1        having a Firearm Owner's Identification Card and files
2        an affidavit with the Department as prescribed by the
3        Department stating that he or she is not an individual
4        prohibited from having a Card;
5            (ii) He or she has not been convicted of a felony
6        under the laws of this or any other jurisdiction;
7            (iii) He or she is not addicted to narcotics;
8            (iv) He or she has not been a patient in a mental
9        health facility within the past 5 years or, if he or
10        she has been a patient in a mental health facility more
11        than 5 years ago submit the certification required
12        under subsection (u) of Section 8 of this Act;
13            (v) He or she is not intellectually disabled;
14            (vi) He or she is not an alien who is unlawfully
15        present in the United States under the laws of the
16        United States;
17            (vii) He or she is not subject to an existing order
18        of protection prohibiting him or her from possessing a
19        firearm;
20            (viii) He or she has not been convicted within the
21        past 5 years of battery, assault, aggravated assault,
22        violation of an order of protection, or a substantially
23        similar offense in another jurisdiction, in which a
24        firearm was used or possessed;
25            (ix) He or she has not been convicted of domestic
26        battery, aggravated domestic battery, or a

 

 

HB4048- 65 -LRB099 08096 RLC 28242 b

1        substantially similar offense in another jurisdiction
2        committed before, on or after January 1, 2012 (the
3        effective date of Public Act 97-158). If the applicant
4        knowingly and intelligently waives the right to have an
5        offense described in this clause (ix) tried by a jury,
6        and by guilty plea or otherwise, results in a
7        conviction for an offense in which a domestic
8        relationship is not a required element of the offense
9        but in which a determination of the applicability of 18
10        U.S.C. 922(g)(9) is made under Section 112A-11.1 of the
11        Code of Criminal Procedure of 1963, an entry by the
12        court of a judgment of conviction for that offense
13        shall be grounds for denying the issuance of a Firearm
14        Owner's Identification Card under this Section;
15            (x) (Blank);
16            (xi) He or she is not an alien who has been
17        admitted to the United States under a non-immigrant
18        visa (as that term is defined in Section 101(a)(26) of
19        the Immigration and Nationality Act (8 U.S.C.
20        1101(a)(26))), or that he or she is an alien who has
21        been lawfully admitted to the United States under a
22        non-immigrant visa if that alien is:
23                (1) admitted to the United States for lawful
24            hunting or sporting purposes;
25                (2) an official representative of a foreign
26            government who is:

 

 

HB4048- 66 -LRB099 08096 RLC 28242 b

1                    (A) accredited to the United States
2                Government or the Government's mission to an
3                international organization having its
4                headquarters in the United States; or
5                    (B) en route to or from another country to
6                which that alien is accredited;
7                (3) an official of a foreign government or
8            distinguished foreign visitor who has been so
9            designated by the Department of State;
10                (4) a foreign law enforcement officer of a
11            friendly foreign government entering the United
12            States on official business; or
13                (5) one who has received a waiver from the
14            Attorney General of the United States pursuant to
15            18 U.S.C. 922(y)(3);
16            (xii) He or she is not a minor subject to a
17        petition filed under Section 5-520 of the Juvenile
18        Court Act of 1987 alleging that the minor is a
19        delinquent minor for the commission of an offense that
20        if committed by an adult would be a felony;
21            (xiii) He or she is not an adult who had been
22        adjudicated a delinquent minor under the Juvenile
23        Court Act of 1987 for the commission of an offense that
24        if committed by an adult would be a felony;
25            (xiv) He or she is a resident of the State of
26        Illinois;

 

 

HB4048- 67 -LRB099 08096 RLC 28242 b

1            (xv) He or she has not been adjudicated as a
2        mentally disabled person;
3            (xvi) He or she has not been involuntarily admitted
4        into a mental health facility; and
5            (xvii) He or she is not developmentally disabled;
6        and
7        (3) Upon request by the Department of State Police,
8    sign a release on a form prescribed by the Department of
9    State Police waiving any right to confidentiality and
10    requesting the disclosure to the Department of State Police
11    of limited mental health institution admission information
12    from another state, the District of Columbia, any other
13    territory of the United States, or a foreign nation
14    concerning the applicant for the sole purpose of
15    determining whether the applicant is or was a patient in a
16    mental health institution and disqualified because of that
17    status from receiving a Firearm Owner's Identification
18    Card. No mental health care or treatment records may be
19    requested. The information received shall be destroyed
20    within one year of receipt.
21    (a-5) Each applicant for a Firearm Owner's Identification
22Card who is over the age of 18 shall furnish to the Department
23of State Police either his or her Illinois driver's license
24number or Illinois Identification Card number, except as
25provided in subsection (a-10).
26    (a-10) Each applicant for a Firearm Owner's Identification

 

 

HB4048- 68 -LRB099 08096 RLC 28242 b

1Card, who is employed as a law enforcement officer, an armed
2security officer in Illinois, or by the United States Military
3permanently assigned in Illinois and who is not an Illinois
4resident, shall furnish to the Department of State Police his
5or her driver's license number or state identification card
6number from his or her state of residence. The Department of
7State Police may adopt rules to enforce the provisions of this
8subsection (a-10).
9    (a-15) If an applicant applying for a Firearm Owner's
10Identification Card moves from the residence address named in
11the application, he or she shall immediately notify in a form
12and manner prescribed by the Department of State Police of that
13change of address.
14    (a-20) Each applicant for a Firearm Owner's Identification
15Card shall furnish to the Department of State Police his or her
16photograph. An applicant who is 21 years of age or older
17seeking a religious exemption to the photograph requirement
18must furnish with the application an approved copy of United
19States Department of the Treasury Internal Revenue Service Form
204029. In lieu of a photograph, an applicant regardless of age
21seeking a religious exemption to the photograph requirement
22shall submit fingerprints on a form and manner prescribed by
23the Department with his or her application.
24    (b) Each application form shall include the following
25statement printed in bold type: "Warning: Entering false
26information on an application for a Firearm Owner's

 

 

HB4048- 69 -LRB099 08096 RLC 28242 b

1Identification Card is punishable as a Class 2 felony in
2accordance with subsection (d-5) of Section 14 of the Firearm
3Owners Identification Card and Certificate of Handgun
4Registration Act.".
5    (c) Upon such written consent, pursuant to Section 4,
6paragraph (a)(2)(i), the parent or legal guardian giving the
7consent shall be liable for any damages resulting from the
8applicant's use of firearms or firearm ammunition.
9(Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813,
10eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13;
1198-63, eff. 7-9-13.)
 
12    (430 ILCS 65/6.1)
13    Sec. 6.1. Altered, forged or counterfeit Firearm Owner's
14Identification Cards.
15    (a) Any person who forges or materially alters a Firearm
16Owner's Identification Card or certificate of handgun
17registration or who counterfeits a Firearm Owner's
18Identification Card or certificate of handgun registration
19commits a Class 2 felony.
20    (b) Any person who knowingly possesses a forged or
21materially altered Firearm Owner's Identification Card or
22certificate of handgun registration with the intent to use it
23commits a Class 2 felony. A person who possesses a Firearm
24Owner's Identification Card or certificate of handgun
25registration with knowledge that it is counterfeit commits a

 

 

HB4048- 70 -LRB099 08096 RLC 28242 b

1Class 2 felony.
2(Source: P.A. 92-414, eff. 1-1-02.)
 
3    (430 ILCS 65/14)  (from Ch. 38, par. 83-14)
4    Sec. 14. Sentence.
5    (a) Except as provided in subsection (a-5), a violation of
6paragraph (1) of subsection (a) of Section 2, when the person's
7Firearm Owner's Identification Card is expired but the person
8is not otherwise disqualified from renewing the card, is a
9Class A misdemeanor.
10    (a-5) A violation of paragraph (1) of subsection (a) of
11Section 2, when the person's Firearm Owner's Identification
12Card is expired but the person is not otherwise disqualified
13from owning, purchasing, or possessing firearms, is a petty
14offense if the card was expired for 6 months or less from the
15date of expiration.
16    (b) Except as provided in subsection (a) with respect to an
17expired card, a violation of paragraph (1) of subsection (a) of
18Section 2 is a Class A misdemeanor when the person does not
19possess a currently valid Firearm Owner's Identification Card,
20but is otherwise eligible under this Act. A second or
21subsequent violation is a Class 4 felony.
22    (c) A violation of paragraph (1) of subsection (a) of
23Section 2 is a Class 3 felony when:
24        (1) the person's Firearm Owner's Identification Card
25    is revoked or subject to revocation under Section 8; or

 

 

HB4048- 71 -LRB099 08096 RLC 28242 b

1        (2) the person's Firearm Owner's Identification Card
2    is expired and not otherwise eligible for renewal under
3    this Act; or
4        (3) the person does not possess a currently valid
5    Firearm Owner's Identification Card, and the person is not
6    otherwise eligible under this Act.
7    (d) A violation of subsection (a) of Section 3 is a Class 4
8felony. A third or subsequent conviction is a Class 1 felony.
9    (d-5) Any person who knowingly enters false information on
10an application for a Firearm Owner's Identification Card or a
11certificate of handgun registration, who knowingly gives a
12false answer to any question on the application, or who
13knowingly submits false evidence in connection with an
14application is guilty of a Class 2 felony.
15    (e) Except as provided by Section 6.1 of this Act, any
16other violation of this Act is a Class A misdemeanor.
17(Source: P.A. 97-1131, eff. 1-1-13.)
 
18    Section 31. The Firearm Concealed Carry Act is amended by
19changing Sections 25, 40, 70, 80, and 105 as follows:
 
20    (430 ILCS 66/25)
21    Sec. 25. Qualifications for a license.
22    The Department shall issue a license to an applicant
23completing an application in accordance with Section 30 of this
24Act if the person:

 

 

HB4048- 72 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 73 -LRB099 08096 RLC 28242 b

1    of the license application; and
2        (6) has completed firearms training and any education
3    component required under Section 75 of this Act.
4(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
5    (430 ILCS 66/40)
6    Sec. 40. Non-resident license applications.
7    (a) For the purposes of this Section, "non-resident" means
8a person who has not resided within this State for more than 30
9days and resides in another state or territory.
10    (b) The Department shall by rule allow for non-resident
11license applications from any state or territory of the United
12States with laws related to firearm ownership, possession, and
13carrying, that are substantially similar to the requirements to
14obtain a license under this Act.
15    (c) A resident of a state or territory approved by the
16Department under subsection (b) of this Section may apply for a
17non-resident license. The applicant shall apply to the
18Department and must meet all of the qualifications established
19in Section 25 of this Act, except for the Illinois residency
20requirement in item (xiv) of paragraph (2) of subsection (a) of
21Section 4 of the Firearm Owners Identification Card and
22Certificate of Handgun Registration Act. The applicant shall
23submit:
24        (1) the application and documentation required under
25    Section 30 of this Act and the applicable fee;

 

 

HB4048- 74 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 75 -LRB099 08096 RLC 28242 b

1non-resident meets the mental health standards to obtain a
2firearm under Illinois law, and the Department shall ensure
3that the applicant would meet the eligibility criteria to
4obtain a Firearm Owner's Identification card if he or she was a
5resident of this State.
6    (e) Nothing in this Act shall prohibit a non-resident from
7transporting a concealed firearm within his or her vehicle in
8Illinois, if the concealed firearm remains within his or her
9vehicle and the non-resident:
10        (1) is not prohibited from owning or possessing a
11    firearm under federal law;
12        (2) is eligible to carry a firearm in public under the
13    laws of his or her state or territory of residence, as
14    evidenced by the possession of a concealed carry license or
15    permit issued by his or her state of residence, if
16    applicable; and
17        (3) is not in possession of a license under this Act.
18    If the non-resident leaves his or her vehicle unattended,
19he or she shall store the firearm within a locked vehicle or
20locked container within the vehicle in accordance with
21subsection (b) of Section 65 of this Act.
22(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; revised
2312-10-14.)
 
24    (430 ILCS 66/70)
25    Sec. 70. Violations.

 

 

HB4048- 76 -LRB099 08096 RLC 28242 b

1    (a) A license issued or renewed under this Act shall be
2revoked if, at any time, the licensee is found to be ineligible
3for a license under this Act or the licensee no longer meets
4the eligibility requirements of the Firearm Owners
5Identification Card and Certificate of Handgun Registration
6Act.
7    (b) A license shall be suspended if an order of protection,
8including an emergency order of protection, plenary order of
9protection, or interim order of protection under Article 112A
10of the Code of Criminal Procedure of 1963 or under the Illinois
11Domestic Violence Act of 1986, is issued against a licensee for
12the duration of the order, or if the Department is made aware
13of a similar order issued against the licensee in any other
14jurisdiction. If an order of protection is issued against a
15licensee, the licensee shall surrender the license, as
16applicable, to the court at the time the order is entered or to
17the law enforcement agency or entity serving process at the
18time the licensee is served the order. The court, law
19enforcement agency, or entity responsible for serving the order
20of protection shall notify the Department within 7 days and
21transmit the license to the Department.
22    (c) A license is invalid upon expiration of the license,
23unless the licensee has submitted an application to renew the
24license, and the applicant is otherwise eligible to possess a
25license under this Act.
26    (d) A licensee shall not carry a concealed firearm while

 

 

HB4048- 77 -LRB099 08096 RLC 28242 b

1under the influence of alcohol, other drug or drugs,
2intoxicating compound or combination of compounds, or any
3combination thereof, under the standards set forth in
4subsection (a) of Section 11-501 of the Illinois Vehicle Code.
5    A licensee in violation of this subsection (d) shall be
6guilty of a Class A misdemeanor for a first or second violation
7and a Class 4 felony for a third violation. The Department may
8suspend a license for up to 6 months for a second violation and
9shall permanently revoke a license for a third violation.
10    (e) Except as otherwise provided, a licensee in violation
11of this Act shall be guilty of a Class B misdemeanor. A second
12or subsequent violation is a Class A misdemeanor. The
13Department may suspend a license for up to 6 months for a
14second violation and shall permanently revoke a license for 3
15or more violations of Section 65 of this Act. Any person
16convicted of a violation under this Section shall pay a $150
17fee to be deposited into the Mental Health Reporting Fund, plus
18any applicable court costs or fees.
19    (f) A licensee convicted or found guilty of a violation of
20this Act who has a valid license and is otherwise eligible to
21carry a concealed firearm shall only be subject to the
22penalties under this Section and shall not be subject to the
23penalties under Section 21-6, paragraph (4), (8), or (10) of
24subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
25of paragraph (3) of subsection (a) of Section 24-1.6 of the
26Criminal Code of 2012. Except as otherwise provided in this

 

 

HB4048- 78 -LRB099 08096 RLC 28242 b

1subsection, nothing in this subsection prohibits the licensee
2from being subjected to penalties for violations other than
3those specified in this Act.
4    (g) A licensee whose license is revoked, suspended, or
5denied shall, within 48 hours of receiving notice of the
6revocation, suspension, or denial, surrender his or her
7concealed carry license to the local law enforcement agency
8where the person resides. The local law enforcement agency
9shall provide the licensee a receipt and transmit the concealed
10carry license to the Department of State Police. If the
11licensee whose concealed carry license has been revoked,
12suspended, or denied fails to comply with the requirements of
13this subsection, the law enforcement agency where the person
14resides may petition the circuit court to issue a warrant to
15search for and seize the concealed carry license in the
16possession and under the custody or control of the licensee
17whose concealed carry license has been revoked, suspended, or
18denied. The observation of a concealed carry license in the
19possession of a person whose license has been revoked,
20suspended, or denied constitutes a sufficient basis for the
21arrest of that person for violation of this subsection. A
22violation of this subsection is a Class A misdemeanor.
23    (h) A license issued or renewed under this Act shall be
24revoked if, at any time, the licensee is found ineligible for a
25Firearm Owner's Identification Card, or the licensee no longer
26possesses a valid Firearm Owner's Identification Card. A

 

 

HB4048- 79 -LRB099 08096 RLC 28242 b

1licensee whose license is revoked under this subsection (h)
2shall surrender his or her concealed carry license as provided
3for in subsection (g) of this Section.
4    This subsection shall not apply to a person who has filed
5an application with the State Police for renewal of a Firearm
6Owner's Identification Card and who is not otherwise ineligible
7to obtain a Firearm Owner's Identification Card.
8    (i) A certified firearms instructor who knowingly provides
9or offers to provide a false certification that an applicant
10has completed firearms training as required under this Act is
11guilty of a Class A misdemeanor. A person guilty of a violation
12of this subsection (i) is not eligible for court supervision.
13The Department shall permanently revoke the firearms
14instructor certification of a person convicted under this
15subsection (i).
16(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,
17eff. 8-15-14.)
 
18    (430 ILCS 66/80)
19    Sec. 80. Certified firearms instructors.
20    (a) Within 60 days of the effective date of this Act, the
21Department shall begin approval of certified firearms
22instructors and enter certified firearms instructors into an
23online registry on the Department's website.
24    (b) A person who is not a certified firearms instructor
25shall not teach applicant training courses or advertise or

 

 

HB4048- 80 -LRB099 08096 RLC 28242 b

1otherwise represent courses they teach as qualifying their
2students to meet the requirements to receive a license under
3this Act. Each violation of this subsection is a business
4offense with a fine of at least $1,000 per violation.
5    (c) A person seeking to become a certified firearms
6instructor shall:
7        (1) be at least 21 years of age;
8        (2) be a legal resident of the United States; and
9        (3) meet the requirements of Section 25 of this Act,
10    except for the Illinois residency requirement in item (xiv)
11    of paragraph (2) of subsection (a) of Section 4 of the
12    Firearm Owners Identification Card and Certificate of
13    Handgun Registration Act; and any additional uniformly
14    applied requirements established by the Department.
15    (d) A person seeking to become a certified firearms
16instructor, in addition to the requirements of subsection (c)
17of this Section, shall:
18        (1) possess a high school diploma or high school
19    equivalency certificate; and
20        (2) have at least one of the following valid firearms
21    instructor certifications:
22            (A) certification from a law enforcement agency;
23            (B) certification from a firearm instructor course
24        offered by a State or federal governmental agency;
25            (C) certification from a firearm instructor
26        qualification course offered by the Illinois Law

 

 

HB4048- 81 -LRB099 08096 RLC 28242 b

1        Enforcement Training Standards Board; or
2            (D) certification from an entity approved by the
3        Department that offers firearm instructor education
4        and training in the use and safety of firearms.
5    (e) A person may have his or her firearms instructor
6certification denied or revoked if he or she does not meet the
7requirements to obtain a license under this Act, provides false
8or misleading information to the Department, or has had a prior
9instructor certification revoked or denied by the Department.
10(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 98-718,
11eff. 1-1-15.)
 
12    (430 ILCS 66/105)
13    Sec. 105. Duty of school administrator. It is the duty of
14the principal of a public elementary or secondary school, or
15his or her designee, and the chief administrative officer of a
16private elementary or secondary school or a public or private
17community college, college, or university, or his or her
18designee, to report to the Department of State Police when a
19student is determined to pose a clear and present danger to
20himself, herself, or to others, within 24 hours of the
21determination as provided in Section 6-103.3 of the Mental
22Health and Developmental Disabilities Code. "Clear and present
23danger" has the meaning as provided in paragraph (2) of the
24definition of "clear and present danger" in Section 1.1 of the
25Firearm Owners Identification Card and Certificate of Handgun

 

 

HB4048- 82 -LRB099 08096 RLC 28242 b

1Registration Act.
2(Source: P.A. 98-63, eff. 7-9-13.)
 
3    Section 32. The Wildlife Code is amended by changing
4Section 3.2 as follows:
 
5    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
6    Sec. 3.2. Hunting license; application; instruction.
7Before the Department or any county, city, village, township,
8incorporated town clerk or his duly designated agent or any
9other person authorized or designated by the Department to
10issue hunting licenses shall issue a hunting license to any
11person, the person shall file his application with the
12Department or other party authorized to issue licenses on a
13form provided by the Department and further give definite proof
14of identity and place of legal residence. Each clerk
15designating agents to issue licenses and stamps shall furnish
16the Department, within 10 days following the appointment, the
17names and mailing addresses of the agents. Each clerk or his
18duly designated agent shall be authorized to sell licenses and
19stamps only within the territorial area for which he was
20elected or appointed. No duly designated agent is authorized to
21furnish licenses or stamps for issuance by any other business
22establishment. Each application shall be executed and sworn to
23and shall set forth the name and description of the applicant
24and place of residence.

 

 

HB4048- 83 -LRB099 08096 RLC 28242 b

1    No hunting license shall be issued to any person born on or
2after January 1, 1980 unless he presents the person authorized
3to issue the license evidence that he has held a hunting
4license issued by the State of Illinois or another state in a
5prior year, or a certificate of competency as provided in this
6Section. Persons under 16 years of age may be issued a Lifetime
7Hunting or Sportsmen's Combination License as provided under
8Section 20-45 of the Fish and Aquatic Life Code but shall not
9be entitled to hunt unless they have a certificate of
10competency as provided in this Section and they shall have the
11certificate in their possession while hunting.
12    The Department of Natural Resources shall authorize
13personnel of the Department or certified volunteer instructors
14to conduct courses, of not less than 10 hours in length, in
15firearms and hunter safety, which may include training in bow
16and arrow safety, at regularly specified intervals throughout
17the State. Persons successfully completing the course shall
18receive a certificate of competency. The Department of Natural
19Resources may further cooperate with any reputable association
20or organization in establishing courses if the organization has
21as one of its objectives the promotion of safety in the
22handling of firearms or bow and arrow.
23    The Department of Natural Resources shall designate any
24person found by it to be competent to give instruction in the
25handling of firearms, hunter safety, and bow and arrow. The
26persons so appointed shall give the course of instruction and

 

 

HB4048- 84 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 85 -LRB099 08096 RLC 28242 b

1    Nonresidents may be issued a nonresident hunting license
2for a period not to exceed 10 consecutive days' hunting in the
3State and shall be charged a fee of $35.
4    A special nonresident hunting license authorizing a
5nonresident to take game birds by hunting on a game breeding
6and hunting preserve area only, established under Section 3.27,
7shall be issued upon proper application being made and payment
8of a fee equal to that for a resident hunting license. The
9expiration date of this license shall be on the same date each
10year that game breeding and hunting preserve area licenses
11expire.
12    Each applicant for a State Migratory Waterfowl Stamp,
13regardless of his residence or other condition, shall pay a fee
14of $15 and shall receive a stamp. The fee for a State Migratory
15Waterfowl Stamp shall be waived for residents over 75 years of
16age. Except as provided under Section 20-45 of the Fish and
17Aquatic Life Code, the stamp shall be signed by the person or
18affixed to his license or permit in a space designated by the
19Department for that purpose.
20    Each applicant for a State Habitat Stamp, regardless of his
21residence or other condition, shall pay a fee of $5 and shall
22receive a stamp. The fee for a State Habitat Stamp shall be
23waived for residents over 75 years of age. Except as provided
24under Section 20-45 of the Fish and Aquatic Life Code, the
25stamp shall be signed by the person or affixed to his license
26or permit in a space designated by the Department for that

 

 

HB4048- 86 -LRB099 08096 RLC 28242 b

1purpose.
2    Nothing in this Section shall be construed as to require
3the purchase of more than one State Habitat Stamp by any person
4in any one license year.
5    The fees for State Pheasant Stamps and State Furbearer
6Stamps shall be waived for residents over 75 years of age.
7    The Department shall furnish the holders of hunting
8licenses and stamps with an insignia as evidence of possession
9of license, or license and stamp, as the Department may
10consider advisable. The insignia shall be exhibited and used as
11the Department may order.
12    All other hunting licenses and all State stamps shall
13expire upon March 31 of each year.
14    Every person holding any license, permit, or stamp issued
15under the provisions of this Act shall have it in his
16possession for immediate presentation for inspection to the
17officers and authorized employees of the Department, any
18sheriff, deputy sheriff, or any other peace officer making a
19demand for it. This provision shall not apply to Department
20owned or managed sites where it is required that all hunters
21deposit their license, permit, or Firearm Owner's
22Identification Card, or certificate of handgun registration at
23the check station upon entering the hunting areas.
24(Source: P.A. 97-498, eff. 4-1-12; 98-800, eff. 8-1-14.)
 
25    Section 35. The Clerks of Courts Act is amended by changing

 

 

HB4048- 87 -LRB099 08096 RLC 28242 b

1Section 27.3a as follows:
 
2    (705 ILCS 105/27.3a)
3    Sec. 27.3a. Fees for automated record keeping, probation
4and court services operations, and State and Conservation
5Police operations.
6    1. The expense of establishing and maintaining automated
7record keeping systems in the offices of the clerks of the
8circuit court shall be borne by the county. To defray such
9expense in any county having established such an automated
10system or which elects to establish such a system, the county
11board may require the clerk of the circuit court in their
12county to charge and collect a court automation fee of not less
13than $1 nor more than $25 to be charged and collected by the
14clerk of the court. Such fee shall be paid at the time of
15filing the first pleading, paper or other appearance filed by
16each party in all civil cases or by the defendant in any
17felony, traffic, misdemeanor, municipal ordinance, or
18conservation case upon a judgment of guilty or grant of
19supervision, provided that the record keeping system which
20processes the case category for which the fee is charged is
21automated or has been approved for automation by the county
22board, and provided further that no additional fee shall be
23required if more than one party is presented in a single
24pleading, paper or other appearance. Such fee shall be
25collected in the manner in which all other fees or costs are

 

 

HB4048- 88 -LRB099 08096 RLC 28242 b

1collected.
2    1.1. Starting on July 6, 2012 (the effective date of Public
3Act 97-761) and pursuant to an administrative order from the
4chief judge of the circuit or the presiding judge of the county
5authorizing such collection, a clerk of the circuit court in
6any county that imposes a fee pursuant to subsection 1 of this
7Section shall also charge and collect an additional $10
8operations fee for probation and court services department
9operations.
10    This additional fee shall be paid by the defendant in any
11felony, traffic, misdemeanor, local ordinance, or conservation
12case upon a judgment of guilty or grant of supervision, except
13such $10 operations fee shall not be charged and collected in
14cases governed by Supreme Court Rule 529 in which the bail
15amount is $120 or less.
16    1.2. With respect to the fee imposed and collected under
17subsection 1.1 of this Section, each clerk shall transfer all
18fees monthly to the county treasurer for deposit into the
19probation and court services fund created under Section 15.1 of
20the Probation and Probation Officers Act, and such monies shall
21be disbursed from the fund only at the direction of the chief
22judge of the circuit or another judge designated by the Chief
23Circuit Judge in accordance with the policies and guidelines
24approved by the Supreme Court.
25    1.5. Starting on June 1, 2014, a clerk of the circuit court
26in any county that imposes a fee pursuant to subsection 1 of

 

 

HB4048- 89 -LRB099 08096 RLC 28242 b

1this Section, shall charge and collect an additional fee in an
2amount equal to the amount of the fee imposed pursuant to
3subsection 1 of this Section, except the fee imposed under this
4subsection may not be more than $15. This additional fee shall
5be paid by the defendant in any felony, traffic, misdemeanor,
6or local ordinance case upon a judgment of guilty or grant of
7supervision. This fee shall not be paid by the defendant for
8any violation listed in subsection 1.6 of this Section.
9    1.6. Starting on June 1, 2014, a clerk of the circuit court
10in any county that imposes a fee pursuant to subsection 1 of
11this Section shall charge and collect an additional fee in an
12amount equal to the amount of the fee imposed pursuant to
13subsection 1 of this Section, except the fee imposed under this
14subsection may not be more than $15. This additional fee shall
15be paid by the defendant upon a judgment of guilty or grant of
16supervision for a violation under the State Parks Act, the
17Recreational Trails of Illinois Act, the Illinois Explosives
18Act, the Timber Buyers Licensing Act, the Forest Products
19Transportation Act, the Firearm Owners Identification Card and
20Certificate of Handgun Registration Act, the Environmental
21Protection Act, the Fish and Aquatic Life Code, the Wildlife
22Code, the Cave Protection Act, the Illinois Exotic Weed Act,
23the Illinois Forestry Development Act, the Ginseng Harvesting
24Act, the Illinois Lake Management Program Act, the Illinois
25Natural Areas Preservation Act, the Illinois Open Land Trust
26Act, the Open Space Lands Acquisition and Development Act, the

 

 

HB4048- 90 -LRB099 08096 RLC 28242 b

1Illinois Prescribed Burning Act, the State Forest Act, the
2Water Use Act of 1983, the Illinois Veteran, Youth, and Young
3Adult Conservation Jobs Act, the Snowmobile Registration and
4Safety Act, the Boat Registration and Safety Act, the Illinois
5Dangerous Animals Act, the Hunter and Fishermen Interference
6Prohibition Act, the Wrongful Tree Cutting Act, or Section
711-1426.1, 11-1426.2, 11-1427, 11-1427.1, 11-1427.2,
811-1427.3, 11-1427.4, or 11-1427.5 of the Illinois Vehicle
9Code, or Section 48-3 or 48-10 of the Criminal Code of 2012.
10    2. With respect to the fee imposed under subsection 1 of
11this Section, each clerk shall commence such charges and
12collections upon receipt of written notice from the chairman of
13the county board together with a certified copy of the board's
14resolution, which the clerk shall file of record in his office.
15    3. With respect to the fee imposed under subsection 1 of
16this Section, such fees shall be in addition to all other fees
17and charges of such clerks, and assessable as costs, and may be
18waived only if the judge specifically provides for the waiver
19of the court automation fee. The fees shall be remitted monthly
20by such clerk to the county treasurer, to be retained by him in
21a special fund designated as the court automation fund. The
22fund shall be audited by the county auditor, and the board
23shall make expenditure from the fund in payment of any cost
24related to the automation of court records, including hardware,
25software, research and development costs and personnel related
26thereto, provided that the expenditure is approved by the clerk

 

 

HB4048- 91 -LRB099 08096 RLC 28242 b

1of the court and by the chief judge of the circuit court or his
2designate.
3    4. With respect to the fee imposed under subsection 1 of
4this Section, such fees shall not be charged in any matter
5coming to any such clerk on change of venue, nor in any
6proceeding to review the decision of any administrative
7officer, agency or body.
8    5. With respect to the additional fee imposed under
9subsection 1.5 of this Section, the fee shall be remitted by
10the circuit clerk to the State Treasurer within one month after
11receipt for deposit into the State Police Operations Assistance
12Fund.
13    6. With respect to the additional fees imposed under
14subsection 1.5 of this Section, the Director of State Police
15may direct the use of these fees for homeland security purposes
16by transferring these fees on a quarterly basis from the State
17Police Operations Assistance Fund into the Illinois Law
18Enforcement Alarm Systems (ILEAS) Fund for homeland security
19initiatives programs. The transferred fees shall be allocated,
20subject to the approval of the ILEAS Executive Board, as
21follows: (i) 66.6% shall be used for homeland security
22initiatives and (ii) 33.3% shall be used for airborne
23operations. The ILEAS Executive Board shall annually supply the
24Director of State Police with a report of the use of these
25fees.
26    7. With respect to the additional fee imposed under

 

 

HB4048- 92 -LRB099 08096 RLC 28242 b

1subsection 1.6 of this Section, the fee shall be remitted by
2the circuit clerk to the State Treasurer within one month after
3receipt for deposit into the Conservation Police Operations
4Assistance Fund.
5(Source: P.A. 97-46, eff. 7-1-12; 97-453, eff. 8-19-11; 97-738,
6eff. 7-5-12; 97-761, eff. 7-6-12; 97-813, eff. 7-13-12;
797-1108, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-375, eff.
88-16-13; 98-606, eff. 6-1-14; 98-1016, eff. 8-22-14.)
 
9    Section 40. The Criminal Code of 2012 is amended by
10changing Sections 2-7.1, 2-7.5, 12-3.05, 17-30, 24-1.1,
1124-1.6, 24-2, 24-3, 24-3.2, 24-3.4, 24-3.5, and 24-9 as
12follows:
 
13    (720 ILCS 5/2-7.1)
14    Sec. 2-7.1. "Firearm" and "firearm ammunition". "Firearm"
15and "firearm ammunition" have the meanings ascribed to them in
16Section 1.1 of the Firearm Owners Identification Card and
17Certificate of Handgun Registration Act.
18(Source: P.A. 91-544, eff. 1-1-00.)
 
19    (720 ILCS 5/2-7.5)
20    Sec. 2-7.5. "Firearm". Except as otherwise provided in a
21specific Section, "firearm" has the meaning ascribed to it in
22Section 1.1 of the Firearm Owners Identification Card and
23Certificate of Handgun Registration Act.

 

 

HB4048- 93 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 94 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 95 -LRB099 08096 RLC 28242 b

1        (2) A person who is pregnant or physically handicapped.
2        (3) A teacher or school employee upon school grounds or
3    grounds adjacent to a school or in any part of a building
4    used for school purposes.
5        (4) A peace officer, community policing volunteer,
6    fireman, private security officer, correctional
7    institution employee, or Department of Human Services
8    employee supervising or controlling sexually dangerous
9    persons or sexually violent persons:
10            (i) performing his or her official duties;
11            (ii) battered to prevent performance of his or her
12        official duties; or
13            (iii) battered in retaliation for performing his
14        or her official duties.
15        (5) A judge, emergency management worker, emergency
16    medical technician, or utility worker:
17            (i) performing his or her official duties;
18            (ii) battered to prevent performance of his or her
19        official duties; or
20            (iii) battered in retaliation for performing his
21        or her official duties.
22        (6) An officer or employee of the State of Illinois, a
23    unit of local government, or a school district, while
24    performing his or her official duties.
25        (7) A transit employee performing his or her official
26    duties, or a transit passenger.

 

 

HB4048- 96 -LRB099 08096 RLC 28242 b

1        (8) A taxi driver on duty.
2        (9) A merchant who detains the person for an alleged
3    commission of retail theft under Section 16-26 of this Code
4    and the person without legal justification by any means
5    causes bodily harm to the merchant.
6        (10) A person authorized to serve process under Section
7    2-202 of the Code of Civil Procedure or a special process
8    server appointed by the circuit court while that individual
9    is in the performance of his or her duties as a process
10    server.
11        (11) A nurse while in the performance of his or her
12    duties as a nurse.
13    (e) Offense based on use of a firearm. A person commits
14aggravated battery when, in committing a battery, he or she
15knowingly does any of the following:
16        (1) Discharges a firearm, other than a machine gun or a
17    firearm equipped with a silencer, and causes any injury to
18    another person.
19        (2) Discharges a firearm, other than a machine gun or a
20    firearm equipped with a silencer, and causes any injury to
21    a person he or she knows to be a peace officer, community
22    policing volunteer, person summoned by a police officer,
23    fireman, private security officer, correctional
24    institution employee, or emergency management worker:
25            (i) performing his or her official duties;
26            (ii) battered to prevent performance of his or her

 

 

HB4048- 97 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 98 -LRB099 08096 RLC 28242 b

1    emergency management worker:
2            (i) performing his or her official duties;
3            (ii) battered to prevent performance of his or her
4        official duties; or
5            (iii) battered in retaliation for performing his
6        or her official duties.
7        (7) Discharges a machine gun or a firearm equipped with
8    a silencer, and causes any injury to a person he or she
9    knows to be an emergency medical technician employed by a
10    municipality or other governmental unit:
11            (i) performing his or her official duties;
12            (ii) battered to prevent performance of his or her
13        official duties; or
14            (iii) battered in retaliation for performing his
15        or her official duties.
16        (8) Discharges a machine gun or a firearm equipped with
17    a silencer, and causes any injury to a person he or she
18    knows to be a teacher, or a student in a school, or a
19    school employee, and the teacher, student, or employee is
20    upon school grounds or grounds adjacent to a school or in
21    any part of a building used for school purposes.
22    (f) Offense based on use of a weapon or device. A person
23commits aggravated battery when, in committing a battery, he or
24she does any of the following:
25        (1) Uses a deadly weapon other than by discharge of a
26    firearm, or uses an air rifle as defined in Section

 

 

HB4048- 99 -LRB099 08096 RLC 28242 b

1    24.8-0.1 of this Code.
2        (2) Wears a hood, robe, or mask to conceal his or her
3    identity.
4        (3) Knowingly and without lawful justification shines
5    or flashes a laser gunsight or other laser device attached
6    to a firearm, or used in concert with a firearm, so that
7    the laser beam strikes upon or against the person of
8    another.
9        (4) Knowingly video or audio records the offense with
10    the intent to disseminate the recording.
11    (g) Offense based on certain conduct. A person commits
12aggravated battery when, other than by discharge of a firearm,
13he or she does any of the following:
14        (1) Violates Section 401 of the Illinois Controlled
15    Substances Act by unlawfully delivering a controlled
16    substance to another and any user experiences great bodily
17    harm or permanent disability as a result of the injection,
18    inhalation, or ingestion of any amount of the controlled
19    substance.
20        (2) Knowingly administers to an individual or causes
21    him or her to take, without his or her consent or by threat
22    or deception, and for other than medical purposes, any
23    intoxicating, poisonous, stupefying, narcotic, anesthetic,
24    or controlled substance, or gives to another person any
25    food containing any substance or object intended to cause
26    physical injury if eaten.

 

 

HB4048- 100 -LRB099 08096 RLC 28242 b

1        (3) Knowingly causes or attempts to cause a
2    correctional institution employee or Department of Human
3    Services employee to come into contact with blood, seminal
4    fluid, urine, or feces by throwing, tossing, or expelling
5    the fluid or material, and the person is an inmate of a
6    penal institution or is a sexually dangerous person or
7    sexually violent person in the custody of the Department of
8    Human Services.
9    (h) Sentence. Unless otherwise provided, aggravated
10battery is a Class 3 felony.
11    Aggravated battery as defined in subdivision (a)(4),
12(d)(4), or (g)(3) is a Class 2 felony.
13    Aggravated battery as defined in subdivision (a)(3) or
14(g)(1) is a Class 1 felony.
15    Aggravated battery as defined in subdivision (a)(1) is a
16Class 1 felony when the aggravated battery was intentional and
17involved the infliction of torture, as defined in paragraph
18(14) of subsection (b) of Section 9-1 of this Code, as the
19infliction of or subjection to extreme physical pain, motivated
20by an intent to increase or prolong the pain, suffering, or
21agony of the victim.
22    Aggravated battery under subdivision (a)(5) is a Class 1
23felony if:
24        (A) the person used or attempted to use a dangerous
25    instrument while committing the offense; or
26        (B) the person caused great bodily harm or permanent

 

 

HB4048- 101 -LRB099 08096 RLC 28242 b

1    disability or disfigurement to the other person while
2    committing the offense; or
3        (C) the person has been previously convicted of a
4    violation of subdivision (a)(5) under the laws of this
5    State or laws similar to subdivision (a)(5) of any other
6    state.
7    Aggravated battery as defined in subdivision (e)(1) is a
8Class X felony.
9    Aggravated battery as defined in subdivision (a)(2) is a
10Class X felony for which a person shall be sentenced to a term
11of imprisonment of a minimum of 6 years and a maximum of 45
12years.
13    Aggravated battery as defined in subdivision (e)(5) is a
14Class X felony for which a person shall be sentenced to a term
15of imprisonment of a minimum of 12 years and a maximum of 45
16years.
17    Aggravated battery as defined in subdivision (e)(2),
18(e)(3), or (e)(4) is a Class X felony for which a person shall
19be sentenced to a term of imprisonment of a minimum of 15 years
20and a maximum of 60 years.
21    Aggravated battery as defined in subdivision (e)(6),
22(e)(7), or (e)(8) is a Class X felony for which a person shall
23be sentenced to a term of imprisonment of a minimum of 20 years
24and a maximum of 60 years.
25    Aggravated battery as defined in subdivision (b)(1) is a
26Class X felony, except that:

 

 

HB4048- 102 -LRB099 08096 RLC 28242 b

1        (1) if the person committed the offense while armed
2    with a firearm, 15 years shall be added to the term of
3    imprisonment imposed by the court;
4        (2) if, during the commission of the offense, the
5    person personally discharged a firearm, 20 years shall be
6    added to the term of imprisonment imposed by the court;
7        (3) if, during the commission of the offense, the
8    person personally discharged a firearm that proximately
9    caused great bodily harm, permanent disability, permanent
10    disfigurement, or death to another person, 25 years or up
11    to a term of natural life shall be added to the term of
12    imprisonment imposed by the court.
13    (i) Definitions. For the purposes of this Section:
14    "Building or other structure used to provide shelter" has
15the meaning ascribed to "shelter" in Section 1 of the Domestic
16Violence Shelters Act.
17    "Domestic violence" has the meaning ascribed to it in
18Section 103 of the Illinois Domestic Violence Act of 1986.
19    "Domestic violence shelter" means any building or other
20structure used to provide shelter or other services to victims
21or to the dependent children of victims of domestic violence
22pursuant to the Illinois Domestic Violence Act of 1986 or the
23Domestic Violence Shelters Act, or any place within 500 feet of
24such a building or other structure in the case of a person who
25is going to or from such a building or other structure.
26    "Firearm" has the meaning provided under Section 1.1 of the

 

 

HB4048- 103 -LRB099 08096 RLC 28242 b

1Firearm Owners Identification Card and Certificate of Handgun
2Registration Act, and does not include an air rifle as defined
3by Section 24.8-0.1 of this Code.
4    "Machine gun" has the meaning ascribed to it in Section
524-1 of this Code.
6    "Merchant" has the meaning ascribed to it in Section 16-0.1
7of this Code.
8    "Strangle" means intentionally impeding the normal
9breathing or circulation of the blood of an individual by
10applying pressure on the throat or neck of that individual or
11by blocking the nose or mouth of that individual.
12(Source: P.A. 97-597, eff. 1-1-12; incorporates 97-227, eff.
131-1-12, 97-313, eff. 1-1-12, and 97-467, eff. 1-1-12; 97-1109,
14eff. 1-1-13; 98-369, eff. 1-1-14; 98-385, eff. 1-1-14; 98-756,
15eff. 7-16-14.)
 
16    (720 ILCS 5/17-30)  (was 720 ILCS 5/16C-2)
17    Sec. 17-30. Defaced, altered, or removed manufacturer or
18owner identification number.
19    (a) Unlawful sale of household appliances. A person commits
20unlawful sale of household appliances when he or she knowingly,
21with the intent to defraud or deceive another, keeps for sale,
22within any commercial context, any household appliance with a
23missing, defaced, obliterated, or otherwise altered
24manufacturer's identification number.
25    (b) Construction equipment identification defacement. A

 

 

HB4048- 104 -LRB099 08096 RLC 28242 b

1person commits construction equipment identification
2defacement when he or she knowingly changes, alters, removes,
3mutilates, or obliterates a permanently affixed serial number,
4product identification number, part number, component
5identification number, owner-applied identification, or other
6mark of identification attached to or stamped, inscribed,
7molded, or etched into a machine or other equipment, whether
8stationary or mobile or self-propelled, or a part of such
9machine or equipment, used in the construction, maintenance, or
10demolition of buildings, structures, bridges, tunnels, sewers,
11utility pipes or lines, ditches or open cuts, roads, highways,
12dams, airports, or waterways or in material handling for such
13projects.
14    The trier of fact may infer that the defendant has
15knowingly changed, altered, removed, or obliterated the serial
16number, product identification number, part number, component
17identification number, owner-applied identification number, or
18other mark of identification, if the defendant was in
19possession of any machine or other equipment or a part of such
20machine or equipment used in the construction, maintenance, or
21demolition of buildings, structures, bridges, tunnels, sewers,
22utility pipes or lines, ditches or open cuts, roads, highways,
23dams, airports, or waterways or in material handling for such
24projects upon which any such serial number, product
25identification number, part number, component identification
26number, owner-applied identification number, or other mark of

 

 

HB4048- 105 -LRB099 08096 RLC 28242 b

1identification has been changed, altered, removed, or
2obliterated.
3    (c) Defacement of manufacturer's serial number or
4identification mark. A person commits defacement of a
5manufacturer's serial number or identification mark when he or
6she knowingly removes, alters, defaces, covers, or destroys the
7manufacturer's serial number or any other manufacturer's
8number or distinguishing identification mark upon any machine
9or other article of merchandise, other than a motor vehicle as
10defined in Section 1-146 of the Illinois Vehicle Code or a
11firearm as defined in the Firearm Owners Identification Card
12and Certificate of Handgun Registration Act, with the intent of
13concealing or destroying the identity of such machine or other
14article of merchandise.
15    (d) Sentence.
16        (1) A violation of subsection (a) of this Section is a
17    Class 4 felony if the value of the appliance or appliances
18    exceeds $1,000 and a Class B misdemeanor if the value of
19    the appliance or appliances is $1,000 or less.
20        (2) A violation of subsection (b) of this Section is a
21    Class A misdemeanor.
22        (3) A violation of subsection (c) of this Section is a
23    Class B misdemeanor.
24    (e) No liability shall be imposed upon any person for the
25unintentional failure to comply with subsection (a).
26    (f) Definitions. In this Section:

 

 

HB4048- 106 -LRB099 08096 RLC 28242 b

1    "Commercial context" means a continuing business
2enterprise conducted for profit by any person whose primary
3business is the wholesale or retail marketing of household
4appliances, or a significant portion of whose business or
5inventory consists of household appliances kept or sold on a
6wholesale or retail basis.
7    "Household appliance" means any gas or electric device or
8machine marketed for use as home entertainment or for
9facilitating or expediting household tasks or chores. The term
10shall include but not necessarily be limited to refrigerators,
11freezers, ranges, radios, television sets, vacuum cleaners,
12toasters, dishwashers, and other similar household items.
13    "Manufacturer's identification number" means any serial
14number or other similar numerical or alphabetical designation
15imprinted upon or attached to or placed, stamped, or otherwise
16imprinted upon or attached to a household appliance or item by
17the manufacturer for purposes of identifying a particular
18appliance or item individually or by lot number.
19(Source: P.A. 96-1551, eff. 7-1-11.)
 
20    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
21    Sec. 24-1.1. Unlawful Use or Possession of Weapons by
22Felons or Persons in the Custody of the Department of
23Corrections Facilities.
24    (a) It is unlawful for a person to knowingly possess on or
25about his person or on his land or in his own abode or fixed

 

 

HB4048- 107 -LRB099 08096 RLC 28242 b

1place of business any weapon prohibited under Section 24-1 of
2this Act or any firearm or any firearm ammunition if the person
3has been convicted of a felony under the laws of this State or
4any other jurisdiction. This Section shall not apply if the
5person has been granted relief by the Director of the
6Department of State Police under Section 10 of the Firearm
7Owners Identification Card and Certificate of Handgun
8Registration Act.
9    (b) It is unlawful for any person confined in a penal
10institution, which is a facility of the Illinois Department of
11Corrections, to possess any weapon prohibited under Section
1224-1 of this Code or any firearm or firearm ammunition,
13regardless of the intent with which he possesses it.
14    (c) It shall be an affirmative defense to a violation of
15subsection (b), that such possession was specifically
16authorized by rule, regulation, or directive of the Illinois
17Department of Corrections or order issued pursuant thereto.
18    (d) The defense of necessity is not available to a person
19who is charged with a violation of subsection (b) of this
20Section.
21    (e) Sentence. Violation of this Section by a person not
22confined in a penal institution shall be a Class 3 felony for
23which the person shall be sentenced to no less than 2 years and
24no more than 10 years and any second or subsequent violation
25shall be a Class 2 felony for which the person shall be
26sentenced to a term of imprisonment of not less than 3 years

 

 

HB4048- 108 -LRB099 08096 RLC 28242 b

1and not more than 14 years. Violation of this Section by a
2person not confined in a penal institution who has been
3convicted of a forcible felony, a felony violation of Article
424 of this Code or of the Firearm Owners Identification Card
5and Certificate of Handgun Registration Act, stalking or
6aggravated stalking, or a Class 2 or greater felony under the
7Illinois Controlled Substances Act, the Cannabis Control Act,
8or the Methamphetamine Control and Community Protection Act is
9a Class 2 felony for which the person shall be sentenced to not
10less than 3 years and not more than 14 years. Violation of this
11Section by a person who is on parole or mandatory supervised
12release is a Class 2 felony for which the person shall be
13sentenced to not less than 3 years and not more than 14 years.
14Violation of this Section by a person not confined in a penal
15institution is a Class X felony when the firearm possessed is a
16machine gun. Any person who violates this Section while
17confined in a penal institution, which is a facility of the
18Illinois Department of Corrections, is guilty of a Class 1
19felony, if he possesses any weapon prohibited under Section
2024-1 of this Code regardless of the intent with which he
21possesses it, a Class X felony if he possesses any firearm,
22firearm ammunition or explosive, and a Class X felony for which
23the offender shall be sentenced to not less than 12 years and
24not more than 50 years when the firearm possessed is a machine
25gun. A violation of this Section while wearing or in possession
26of body armor as defined in Section 33F-1 is a Class X felony

 

 

HB4048- 109 -LRB099 08096 RLC 28242 b

1punishable by a term of imprisonment of not less than 10 years
2and not more than 40 years. The possession of each firearm or
3firearm ammunition in violation of this Section constitutes a
4single and separate violation.
5(Source: P.A. 97-237, eff. 1-1-12.)
 
6    (720 ILCS 5/24-1.6)
7    Sec. 24-1.6. Aggravated unlawful use of a weapon.
8    (a) A person commits the offense of aggravated unlawful use
9of a weapon when he or she knowingly:
10        (1) Carries on or about his or her person or in any
11    vehicle or concealed on or about his or her person except
12    when on his or her land or in his or her abode, legal
13    dwelling, or fixed place of business, or on the land or in
14    the legal dwelling of another person as an invitee with
15    that person's permission, any pistol, revolver, stun gun or
16    taser or other firearm; or
17        (2) Carries or possesses on or about his or her person,
18    upon any public street, alley, or other public lands within
19    the corporate limits of a city, village or incorporated
20    town, except when an invitee thereon or therein, for the
21    purpose of the display of such weapon or the lawful
22    commerce in weapons, or except when on his or her own 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 permission,

 

 

HB4048- 110 -LRB099 08096 RLC 28242 b

1    any pistol, revolver, stun gun or taser or other firearm;
2    and
3        (3) One of the following factors is present:
4            (A) the firearm, other than a pistol, revolver, or
5        handgun, possessed was uncased, loaded, and
6        immediately accessible at the time of the offense; or
7            (A-5) the pistol, revolver, or handgun possessed
8        was uncased, loaded, and immediately accessible at the
9        time of the offense and the person possessing the
10        pistol, revolver, or handgun has not been issued a
11        currently valid license under the Firearm Concealed
12        Carry Act; or
13            (B) the firearm, other than a pistol, revolver, or
14        handgun, possessed was uncased, unloaded, and the
15        ammunition for the weapon was immediately accessible
16        at the time of the offense; or
17            (B-5) the pistol, revolver, or handgun possessed
18        was uncased, unloaded, and the ammunition for the
19        weapon was immediately accessible at the time of the
20        offense and the person possessing the pistol,
21        revolver, or handgun has not been issued a currently
22        valid license under the Firearm Concealed Carry Act; or
23            (C) the person possessing the firearm has not been
24        issued a currently valid Firearm Owner's
25        Identification Card; or
26            (D) the person possessing the weapon was

 

 

HB4048- 111 -LRB099 08096 RLC 28242 b

1        previously adjudicated a delinquent minor under the
2        Juvenile Court Act of 1987 for an act that if committed
3        by an adult would be a felony; or
4            (E) the person possessing the weapon was engaged in
5        a misdemeanor violation of the Cannabis Control Act, in
6        a misdemeanor violation of the Illinois Controlled
7        Substances Act, or in a misdemeanor violation of the
8        Methamphetamine Control and Community Protection Act;
9        or
10            (F) (blank); or
11            (G) the person possessing the weapon had a order of
12        protection issued against him or her within the
13        previous 2 years; or
14            (H) the person possessing the weapon was engaged in
15        the commission or attempted commission of a
16        misdemeanor involving the use or threat of violence
17        against the person or property of another; or
18            (I) the person possessing the weapon was under 21
19        years of age and in possession of a handgun, unless the
20        person under 21 is engaged in lawful activities under
21        the Wildlife Code or described in subsection
22        24-2(b)(1), (b)(3), or 24-2(f).
23    (a-5) "Handgun" as used in this Section has the meaning
24given to it in Section 5 of the Firearm Concealed Carry Act.
25    (b) "Stun gun or taser" as used in this Section has the
26same definition given to it in Section 24-1 of this Code.

 

 

HB4048- 112 -LRB099 08096 RLC 28242 b

1    (c) This Section does not apply to or affect the
2transportation or possession of weapons that:
3        (i) are broken down in a non-functioning state; or
4        (ii) are not immediately accessible; or
5        (iii) are unloaded and enclosed in a case, firearm
6    carrying box, shipping box, or other container by a person
7    who has been issued a currently valid Firearm Owner's
8    Identification Card.
9    (d) Sentence.
10         (1) Aggravated unlawful use of a weapon is a Class 4
11    felony; a second or subsequent offense is a Class 2 felony
12    for which the person shall be sentenced to a term of
13    imprisonment of not less than 3 years and not more than 7
14    years.
15        (2) Except as otherwise provided in paragraphs (3) and
16    (4) of this subsection (d), a first offense of aggravated
17    unlawful use of a weapon committed with a firearm by a
18    person 18 years of age or older where the factors listed in
19    both items (A) and (C) or both items (A-5) and (C) of
20    paragraph (3) of subsection (a) are present is a Class 4
21    felony, for which the person shall be sentenced to a term
22    of imprisonment of not less than one year and not more than
23    3 years.
24        (3) Aggravated unlawful use of a weapon by a person who
25    has been previously convicted of a felony in this State or
26    another jurisdiction is a Class 2 felony for which the

 

 

HB4048- 113 -LRB099 08096 RLC 28242 b

1    person shall be sentenced to a term of imprisonment of not
2    less than 3 years and not more than 7 years.
3        (4) Aggravated unlawful use of a weapon while wearing
4    or in possession of body armor as defined in Section 33F-1
5    by a person who has not been issued a valid Firearms
6    Owner's Identification Card and Certificate of Handgun
7    Registration in accordance with Section 5 of the Firearm
8    Owners Identification Card Act is a Class X felony.
9    (e) The possession of each firearm in violation of this
10Section constitutes a single and separate violation.
11(Source: P.A. 98-63, eff. 7-9-13.)
 
12    (720 ILCS 5/24-2)
13    Sec. 24-2. Exemptions.
14    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
1524-1(a)(13) and Section 24-1.6 do not apply to or affect any of
16the following:
17        (1) Peace officers, and any person summoned by a peace
18    officer to assist in making arrests or preserving the
19    peace, while actually engaged in assisting such officer.
20        (2) Wardens, superintendents and keepers of prisons,
21    penitentiaries, jails and other institutions for the
22    detention of persons accused or convicted of an offense,
23    while in the performance of their official duty, or while
24    commuting between their homes and places of employment.
25        (3) Members of the Armed Services or Reserve Forces of

 

 

HB4048- 114 -LRB099 08096 RLC 28242 b

1    the United States or the Illinois National Guard or the
2    Reserve Officers Training Corps, while in the performance
3    of their official duty.
4        (4) Special agents employed by a railroad or a public
5    utility to perform police functions, and guards of armored
6    car companies, while actually engaged in the performance of
7    the duties of their employment or commuting between their
8    homes and places of employment; and watchmen while actually
9    engaged in the performance of the duties of their
10    employment.
11        (5) Persons licensed as private security contractors,
12    private detectives, or private alarm contractors, or
13    employed by an agency certified by the Department of
14    Financial and Professional Regulation, if their duties
15    include the carrying of a weapon under the provisions of
16    the Private Detective, Private Alarm, Private Security,
17    Fingerprint Vendor, and Locksmith Act of 2004, while
18    actually engaged in the performance of the duties of their
19    employment or commuting between their homes and places of
20    employment, provided that such commuting is accomplished
21    within one hour from departure from home or place of
22    employment, as the case may be. A person shall be
23    considered eligible for this exemption if he or she has
24    completed the required 20 hours of training for a private
25    security contractor, private detective, or private alarm
26    contractor, or employee of a licensed agency and 20 hours

 

 

HB4048- 115 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 116 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 117 -LRB099 08096 RLC 28242 b

1    supervised by the Department of Financial and Professional
2    Regulation, consisting of not less than 40 hours of
3    training which includes theory of law enforcement,
4    liability for acts, and the handling of weapons. A person
5    shall be considered to be eligible for this exemption if he
6    or she has completed the required 20 hours of training for
7    a security officer and 20 hours of required firearm
8    training, and has been issued a firearm control card by the
9    Department of Financial and Professional Regulation.
10    Conditions for renewal of firearm control cards issued
11    under the provisions of this Section shall be the same as
12    for those issued under the provisions of the Private
13    Detective, Private Alarm, Private Security, Fingerprint
14    Vendor, and Locksmith Act of 2004. Such firearm control
15    card shall be carried by the person so trained at all times
16    when such person is in possession of a concealable weapon.
17    For purposes of this subsection, "financial institution"
18    means a bank, savings and loan association, credit union or
19    company providing armored car services.
20        (9) Any person employed by an armored car company to
21    drive an armored car, while actually engaged in the
22    performance of his duties.
23        (10) Persons who have been classified as peace officers
24    pursuant to the Peace Officer Fire Investigation Act.
25        (11) Investigators of the Office of the State's
26    Attorneys Appellate Prosecutor authorized by the board of

 

 

HB4048- 118 -LRB099 08096 RLC 28242 b

1    governors of the Office of the State's Attorneys Appellate
2    Prosecutor to carry weapons pursuant to Section 7.06 of the
3    State's Attorneys Appellate Prosecutor's Act.
4        (12) Special investigators appointed by a State's
5    Attorney under Section 3-9005 of the Counties Code.
6        (12.5) Probation officers while in the performance of
7    their duties, or while commuting between their homes,
8    places of employment or specific locations that are part of
9    their assigned duties, with the consent of the chief judge
10    of the circuit for which they are employed, if they have
11    received weapons training according to requirements of the
12    Peace Officer and Probation Officer Firearm Training Act.
13        (13) Court Security Officers while in the performance
14    of their official duties, or while commuting between their
15    homes and places of employment, with the consent of the
16    Sheriff.
17        (13.5) A person employed as an armed security guard at
18    a nuclear energy, storage, weapons or development site or
19    facility regulated by the Nuclear Regulatory Commission
20    who has completed the background screening and training
21    mandated by the rules and regulations of the Nuclear
22    Regulatory Commission.
23        (14) Manufacture, transportation, or sale of weapons
24    to persons authorized under subdivisions (1) through
25    (13.5) of this subsection to possess those weapons.
26    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

 

 

HB4048- 119 -LRB099 08096 RLC 28242 b

1to or affect any person carrying a concealed pistol, revolver,
2or handgun and the person has been issued a currently valid
3license under the Firearm Concealed Carry Act at the time of
4the commission of the offense.
5    (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
624-1.6 do not apply to or affect any of the following:
7        (1) Members of any club or organization organized for
8    the purpose of practicing shooting at targets upon
9    established target ranges, whether public or private, and
10    patrons of such ranges, while such members or patrons are
11    using their firearms on those target ranges.
12        (2) Duly authorized military or civil organizations
13    while parading, with the special permission of the
14    Governor.
15        (3) Hunters, trappers or fishermen with a license or
16    permit while engaged in hunting, trapping or fishing.
17        (4) Transportation of weapons that are broken down in a
18    non-functioning state or are not immediately accessible.
19        (5) Carrying or possessing any pistol, revolver, stun
20    gun or taser or other firearm on the land or in the legal
21    dwelling of another person as an invitee with that person's
22    permission.
23    (c) Subsection 24-1(a)(7) does not apply to or affect any
24of the following:
25        (1) Peace officers while in performance of their
26    official duties.

 

 

HB4048- 120 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 121 -LRB099 08096 RLC 28242 b

1    down in a non-functioning state or not immediately
2    accessible.
3        (6) The manufacture, transport, testing, delivery,
4    transfer or sale, and all lawful commercial or experimental
5    activities necessary thereto, of rifles, shotguns, and
6    weapons made from rifles or shotguns, or ammunition for
7    such rifles, shotguns or weapons, where engaged in by a
8    person operating as a contractor or subcontractor pursuant
9    to a contract or subcontract for the development and supply
10    of such rifles, shotguns, weapons or ammunition to the
11    United States government or any branch of the Armed Forces
12    of the United States, when such activities are necessary
13    and incident to fulfilling the terms of such contract.
14        The exemption granted under this subdivision (c)(6)
15    shall also apply to any authorized agent of any such
16    contractor or subcontractor who is operating within the
17    scope of his employment, where such activities involving
18    such weapon, weapons or ammunition are necessary and
19    incident to fulfilling the terms of such contract.
20        (7) A person possessing a rifle with a barrel or
21    barrels less than 16 inches in length if: (A) the person
22    has been issued a Curios and Relics license from the U.S.
23    Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B)
24    the person is an active member of a bona fide, nationally
25    recognized military re-enacting group and the modification
26    is required and necessary to accurately portray the weapon

 

 

HB4048- 122 -LRB099 08096 RLC 28242 b

1    for historical re-enactment purposes; the re-enactor is in
2    possession of a valid and current re-enacting group
3    membership credential; and the overall length of the weapon
4    as modified is not less than 26 inches.
5    (d) Subsection 24-1(a)(1) does not apply to the purchase,
6possession or carrying of a black-jack or slung-shot by a peace
7officer.
8    (e) Subsection 24-1(a)(8) does not apply to any owner,
9manager or authorized employee of any place specified in that
10subsection nor to any law enforcement officer.
11    (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and
12Section 24-1.6 do not apply to members of any club or
13organization organized for the purpose of practicing shooting
14at targets upon established target ranges, whether public or
15private, while using their firearms on those target ranges.
16    (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply
17to:
18        (1) Members of the Armed Services or Reserve Forces of
19    the United States or the Illinois National Guard, while in
20    the performance of their official duty.
21        (2) Bonafide collectors of antique or surplus military
22    ordinance.
23        (3) Laboratories having a department of forensic
24    ballistics, or specializing in the development of
25    ammunition or explosive ordinance.
26        (4) Commerce, preparation, assembly or possession of

 

 

HB4048- 123 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 124 -LRB099 08096 RLC 28242 b

124-1.6 do not apply to or affect any parole agent or parole
2supervisor who meets the qualifications and conditions
3prescribed in Section 3-14-1.5 of the Unified Code of
4Corrections.
5    (g-7) Subsection 24-1(a)(6) does not apply to a peace
6officer while serving as a member of a tactical response team
7or special operations team. A peace officer may not personally
8own or apply for ownership of a device or attachment of any
9kind designed, used, or intended for use in silencing the
10report of any firearm. These devices shall be owned and
11maintained by lawfully recognized units of government whose
12duties include the investigation of criminal acts.
13    (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and
1424-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an
15athlete's possession, transport on official Olympic and
16Paralympic transit systems established for athletes, or use of
17competition firearms sanctioned by the International Olympic
18Committee, the International Paralympic Committee, the
19International Shooting Sport Federation, or USA Shooting in
20connection with such athlete's training for and participation
21in shooting competitions at the 2016 Olympic and Paralympic
22Games and sanctioned test events leading up to the 2016 Olympic
23and Paralympic Games.
24    (h) An information or indictment based upon a violation of
25any subsection of this Article need not negative any exemptions
26contained in this Article. The defendant shall have the burden

 

 

HB4048- 125 -LRB099 08096 RLC 28242 b

1of proving such an exemption.
2    (i) Nothing in this Article shall prohibit, apply to, or
3affect the transportation, carrying, or possession, of any
4pistol or revolver, stun gun, taser, or other firearm consigned
5to a common carrier operating under license of the State of
6Illinois or the federal government, where such transportation,
7carrying, or possession is incident to the lawful
8transportation in which such common carrier is engaged; and
9nothing in this Article shall prohibit, apply to, or affect the
10transportation, carrying, or possession of any pistol,
11revolver, stun gun, taser, or other firearm, not the subject of
12and regulated by subsection 24-1(a)(7) or subsection 24-2(c) of
13this Article, which is unloaded and enclosed in a case, firearm
14carrying box, shipping box, or other container, by the
15possessor of a valid Firearm Owners Identification Card or in
16the case of a handgun by the possessor of a valid certificate
17of handgun registration.
18(Source: P.A. 97-465, eff. 8-22-11; 97-676, eff. 6-1-12;
1997-936, eff. 1-1-13; 97-1010, eff. 1-1-13; 98-63, eff. 7-9-13;
2098-463, eff. 8-16-13; 98-725, eff. 1-1-15.)
 
21    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
22    Sec. 24-3. Unlawful sale or delivery of firearms.
23    (A) A person commits the offense of unlawful sale or
24delivery of firearms when he or she knowingly does any of the
25following:

 

 

HB4048- 126 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 127 -LRB099 08096 RLC 28242 b

1        (g) Delivers any firearm of a size which may be
2    concealed upon the person, incidental to a sale, without
3    withholding delivery of such firearm for at least 72 hours
4    after application for its purchase has been made, or
5    delivers any rifle, shotgun or other long gun, or a stun
6    gun or taser, incidental to a sale, without withholding
7    delivery of such rifle, shotgun or other long gun, or a
8    stun gun or taser for at least 24 hours after application
9    for its purchase has been made. However, this paragraph (g)
10    does not apply to: (1) the sale of a firearm to a law
11    enforcement officer if the seller of the firearm knows that
12    the person to whom he or she is selling the firearm is a
13    law enforcement officer or the sale of a firearm to a
14    person who desires to purchase a firearm for use in
15    promoting the public interest incident to his or her
16    employment as a bank guard, armed truck guard, or other
17    similar employment; (2) a mail order sale of a firearm to a
18    nonresident of Illinois under which the firearm is mailed
19    to a point outside the boundaries of Illinois; (3) the sale
20    of a firearm to a nonresident of Illinois while at a
21    firearm showing or display recognized by the Illinois
22    Department of State Police; or (4) the sale of a firearm to
23    a dealer licensed as a federal firearms dealer under
24    Section 923 of the federal Gun Control Act of 1968 (18
25    U.S.C. 923). For purposes of this paragraph (g),
26    "application" means when the buyer and seller reach an

 

 

HB4048- 128 -LRB099 08096 RLC 28242 b

1    agreement to purchase a firearm.
2        (h) While holding any license as a dealer, importer,
3    manufacturer or pawnbroker under the federal Gun Control
4    Act of 1968, manufactures, sells or delivers to any
5    unlicensed person a handgun having a barrel, slide, frame
6    or receiver which is a die casting of zinc alloy or any
7    other nonhomogeneous metal which will melt or deform at a
8    temperature of less than 800 degrees Fahrenheit. For
9    purposes of this paragraph, (1) "firearm" is defined as in
10    the Firearm Owners Identification Card and Certificate of
11    Handgun Registration Act; and (2) "handgun" is defined as a
12    firearm designed to be held and fired by the use of a
13    single hand, and includes a combination of parts from which
14    such a firearm can be assembled.
15        (i) Sells or gives a firearm of any size to any person
16    under 18 years of age who does not possess a valid Firearm
17    Owner's Identification Card.
18        (j) Sells or gives a firearm while engaged in the
19    business of selling firearms at wholesale or retail without
20    being licensed as a federal firearms dealer under Section
21    923 of the federal Gun Control Act of 1968 (18 U.S.C. 923).
22    In this paragraph (j):
23        A person "engaged in the business" means a person who
24    devotes time, attention, and labor to engaging in the
25    activity as a regular course of trade or business with the
26    principal objective of livelihood and profit, but does not

 

 

HB4048- 129 -LRB099 08096 RLC 28242 b

1    include a person who makes occasional repairs of firearms
2    or who occasionally fits special barrels, stocks, or
3    trigger mechanisms to firearms.
4        "With the principal objective of livelihood and
5    profit" means that the intent underlying the sale or
6    disposition of firearms is predominantly one of obtaining
7    livelihood and pecuniary gain, as opposed to other intents,
8    such as improving or liquidating a personal firearms
9    collection; however, proof of profit shall not be required
10    as to a person who engages in the regular and repetitive
11    purchase and disposition of firearms for criminal purposes
12    or terrorism.
13        (k) Sells or transfers ownership of a firearm to a
14    person who does not display to the seller or transferor of
15    the firearm a currently valid Firearm Owner's
16    Identification Card that has previously been issued in the
17    transferee's name by the Department of State Police under
18    the provisions of the Firearm Owners Identification Card
19    and Certificate of Handgun Registration Act. This
20    paragraph (k) does not apply to the transfer of a firearm
21    to a person who is exempt from the requirement of
22    possessing a Firearm Owner's Identification Card under
23    Section 2 of the Firearm Owners Identification Card and
24    Certificate of Handgun Registration Act. For the purposes
25    of this Section, a currently valid Firearm Owner's
26    Identification Card means (i) a Firearm Owner's

 

 

HB4048- 130 -LRB099 08096 RLC 28242 b

1    Identification Card that has not expired or (ii) an
2    approval number issued in accordance with subsection
3    (a-10) of subsection 3 or Section 3.1 of the Firearm Owners
4    Identification Card and Certificate of Handgun
5    Registration Act shall be proof that the Firearm Owner's
6    Identification Card was valid.
7            (1) In addition to the other requirements of this
8        paragraph (k), all persons who are not federally
9        licensed firearms dealers must also have complied with
10        subsection (a-10) of Section 3 of the Firearm Owners
11        Identification Card Act by determining the validity of
12        a purchaser's Firearm Owner's Identification Card.
13            (2) All sellers or transferors who have complied
14        with the requirements of subparagraph (1) of this
15        paragraph (k) shall not be liable for damages in any
16        civil action arising from the use or misuse by the
17        transferee of the firearm transferred, except for
18        willful or wanton misconduct on the part of the seller
19        or transferor.
20        (l) Not being entitled to the possession of a firearm,
21    delivers the firearm, knowing it to have been stolen or
22    converted. It may be inferred that a person who possesses a
23    firearm with knowledge that its serial number has been
24    removed or altered has knowledge that the firearm is stolen
25    or converted.
26    (B) Paragraph (h) of subsection (A) does not include

 

 

HB4048- 131 -LRB099 08096 RLC 28242 b

1firearms sold within 6 months after enactment of Public Act
278-355 (approved August 21, 1973, effective October 1, 1973),
3nor is any firearm legally owned or possessed by any citizen or
4purchased by any citizen within 6 months after the enactment of
5Public Act 78-355 subject to confiscation or seizure under the
6provisions of that Public Act. Nothing in Public Act 78-355
7shall be construed to prohibit the gift or trade of any firearm
8if that firearm was legally held or acquired within 6 months
9after the enactment of that Public Act.
10    (C) Sentence.
11        (1) Any person convicted of unlawful sale or delivery
12    of firearms in violation of paragraph (c), (e), (f), (g),
13    or (h) of subsection (A) commits a Class 4 felony.
14        (2) Any person convicted of unlawful sale or delivery
15    of firearms in violation of paragraph (b) or (i) of
16    subsection (A) commits a Class 3 felony.
17        (3) Any person convicted of unlawful sale or delivery
18    of firearms in violation of paragraph (a) of subsection (A)
19    commits a Class 2 felony.
20        (4) Any person convicted of unlawful sale or delivery
21    of firearms in violation of paragraph (a), (b), or (i) of
22    subsection (A) in any school, on the real property
23    comprising a school, within 1,000 feet of the real property
24    comprising a school, at a school related activity, or on or
25    within 1,000 feet of any conveyance owned, leased, or
26    contracted by a school or school district to transport

 

 

HB4048- 132 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 133 -LRB099 08096 RLC 28242 b

1    within 1,000 feet of the real property comprising any
2    public park, courthouse, or residential property owned,
3    operated, or managed by a public housing agency or leased
4    by a public housing agency as part of a scattered site or
5    mixed-income development commits a Class 2 felony.
6        (6) Any person convicted of unlawful sale or delivery
7    of firearms in violation of paragraph (j) of subsection (A)
8    commits a Class A misdemeanor. A second or subsequent
9    violation is a Class 4 felony.
10        (7) Any person convicted of unlawful sale or delivery
11    of firearms in violation of paragraph (k) of subsection (A)
12    commits a Class 4 felony, except that a violation of
13    subparagraph (1) of paragraph (k) of subsection (A) shall
14    not be punishable as a crime or petty offense. A third or
15    subsequent conviction for a violation of paragraph (k) of
16    subsection (A) is a Class 1 felony.
17        (8) A person 18 years of age or older convicted of
18    unlawful sale or delivery of firearms in violation of
19    paragraph (a) or (i) of subsection (A), when the firearm
20    that was sold or given to another person under 18 years of
21    age was used in the commission of or attempt to commit a
22    forcible felony, shall be fined or imprisoned, or both, not
23    to exceed the maximum provided for the most serious
24    forcible felony so committed or attempted by the person
25    under 18 years of age who was sold or given the firearm.
26        (9) Any person convicted of unlawful sale or delivery

 

 

HB4048- 134 -LRB099 08096 RLC 28242 b

1    of firearms in violation of paragraph (d) of subsection (A)
2    commits a Class 3 felony.
3        (10) Any person convicted of unlawful sale or delivery
4    of firearms in violation of paragraph (l) of subsection (A)
5    commits a Class 2 felony if the delivery is of one firearm.
6    Any person convicted of unlawful sale or delivery of
7    firearms in violation of paragraph (l) of subsection (A)
8    commits a Class 1 felony if the delivery is of not less
9    than 2 and not more than 5 firearms at the same time or
10    within a one year period. Any person convicted of unlawful
11    sale or delivery of firearms in violation of paragraph (l)
12    of subsection (A) commits a Class X felony for which he or
13    she shall be sentenced to a term of imprisonment of not
14    less than 6 years and not more than 30 years if the
15    delivery is of not less than 6 and not more than 10
16    firearms at the same time or within a 2 year period. Any
17    person convicted of unlawful sale or delivery of firearms
18    in violation of paragraph (l) of subsection (A) commits a
19    Class X felony for which he or she shall be sentenced to a
20    term of imprisonment of not less than 6 years and not more
21    than 40 years if the delivery is of not less than 11 and
22    not more than 20 firearms at the same time or within a 3
23    year period. Any person convicted of unlawful sale or
24    delivery of firearms in violation of paragraph (l) of
25    subsection (A) commits a Class X felony for which he or she
26    shall be sentenced to a term of imprisonment of not less

 

 

HB4048- 135 -LRB099 08096 RLC 28242 b

1    than 6 years and not more than 50 years if the delivery is
2    of not less than 21 and not more than 30 firearms at the
3    same time or within a 4 year period. Any person convicted
4    of unlawful sale or delivery of firearms in violation of
5    paragraph (l) of subsection (A) commits a Class X felony
6    for which he or she shall be sentenced to a term of
7    imprisonment of not less than 6 years and not more than 60
8    years if the delivery is of 31 or more firearms at the same
9    time or within a 5 year period.
10    (D) For purposes of this Section:
11    "School" means a public or private elementary or secondary
12school, community college, college, or university.
13    "School related activity" means any sporting, social,
14academic, or other activity for which students' attendance or
15participation is sponsored, organized, or funded in whole or in
16part by a school or school district.
17    (E) A prosecution for a violation of paragraph (k) of
18subsection (A) of this Section may be commenced within 6 years
19after the commission of the offense. A prosecution for a
20violation of this Section other than paragraph (g) of
21subsection (A) of this Section may be commenced within 5 years
22after the commission of the offense defined in the particular
23paragraph.
24(Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813,
25eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)
 

 

 

HB4048- 136 -LRB099 08096 RLC 28242 b

1    (720 ILCS 5/24-3.2)  (from Ch. 38, par. 24-3.2)
2    Sec. 24-3.2. Unlawful discharge of firearm projectiles.
3    (a) A person commits the offense of unlawful discharge of
4firearm projectiles when he or she knowingly or recklessly uses
5an armor piercing bullet, dragon's breath shotgun shell, bolo
6shell, or flechette shell in violation of this Section.
7    For purposes of this Section:
8    "Armor piercing bullet" means any handgun bullet or handgun
9ammunition with projectiles or projectile cores constructed
10entirely (excluding the presence of traces of other substances)
11from tungsten alloys, steel, iron, brass, bronze, beryllium
12copper or depleted uranium, or fully jacketed bullets larger
13than 22 caliber whose jacket has a weight of more than 25% of
14the total weight of the projectile, and excluding those handgun
15projectiles whose cores are composed of soft materials such as
16lead or lead alloys, zinc or zinc alloys, frangible projectiles
17designed primarily for sporting purposes, and any other
18projectiles or projectile cores that the U. S. Secretary of the
19Treasury finds to be primarily intended to be used for sporting
20purposes or industrial purposes or that otherwise does not
21constitute "armor piercing ammunition" as that term is defined
22by federal law.
23    "Dragon's breath shotgun shell" means any shotgun shell
24that contains exothermic pyrophoric mesh metal as the
25projectile and is designed for the purpose of throwing or
26spewing a flame or fireball to simulate a flame-thrower.

 

 

HB4048- 137 -LRB099 08096 RLC 28242 b

1    "Bolo shell" means any shell that can be fired in a firearm
2and expels as projectiles 2 or more metal balls connected by
3solid metal wire.
4    "Flechette shell" means any shell that can be fired in a
5firearm and expels 2 or more pieces of fin-stabilized solid
6metal wire or 2 or more solid dart-type projectiles.
7    (b) A person commits a Class X felony when he or she,
8knowing that a firearm, as defined in Section 1.1 of the
9Firearm Owners Identification Card and Certificate of Handgun
10Registration Act, is loaded with an armor piercing bullet,
11dragon's breath shotgun shell, bolo shell, or flechette shell,
12intentionally or recklessly discharges such firearm and such
13bullet or shell strikes any other person.
14    (c) Any person who possesses, concealed on or about his or
15her person, an armor piercing bullet, dragon's breath shotgun
16shell, bolo shell, or flechette shell and a firearm suitable
17for the discharge thereof is guilty of a Class 2 felony.
18    (d) This Section does not apply to or affect any of the
19following:
20        (1) Peace officers;
21        (2) Wardens, superintendents and keepers of prisons,
22    penitentiaries, jails and other institutions for the
23    detention of persons accused or convicted of an offense;
24        (3) Members of the Armed Services or Reserve Forces of
25    the United States or the Illinois National Guard while in
26    the performance of their official duties;

 

 

HB4048- 138 -LRB099 08096 RLC 28242 b

1        (4) Federal officials required to carry firearms,
2    while engaged in the performance of their official duties;
3        (5) United States Marshals, while engaged in the
4    performance of their official duties.
5(Source: P.A. 92-423, eff. 1-1-02.)
 
6    (720 ILCS 5/24-3.4)  (from Ch. 38, par. 24-3.4)
7    Sec. 24-3.4. Unlawful sale of firearms by liquor licensee.
8    (a) It shall be unlawful for any person who holds a license
9to sell at retail any alcoholic liquor issued by the Illinois
10Liquor Control Commission or local liquor control commissioner
11under the Liquor Control Act of 1934 or an agent or employee of
12the licensee to sell or deliver to any other person a firearm
13in or on the real property of the establishment where the
14licensee is licensed to sell alcoholic liquors unless the sale
15or delivery of the firearm is otherwise lawful under this
16Article and under the Firearm Owners Identification Card and
17Certificate of Handgun Registration Act.
18    (b) Sentence. A violation of subsection (a) of this Section
19is a Class 4 felony.
20(Source: P.A. 87-591.)
 
21    (720 ILCS 5/24-3.5)
22    Sec. 24-3.5. Unlawful purchase of a firearm.
23    (a) For purposes of this Section, "firearms transaction
24record form" means a form:

 

 

HB4048- 139 -LRB099 08096 RLC 28242 b

1        (1) executed by a transferee of a firearm stating: (i)
2    the transferee's name and address (including county or
3    similar political subdivision); (ii) whether the
4    transferee is a citizen of the United States; (iii) the
5    transferee's State of residence; and (iv) the date and
6    place of birth, height, weight, and race of the transferee;
7    and
8        (2) on which the transferee certifies that he or she is
9    not prohibited by federal law from transporting or shipping
10    a firearm in interstate or foreign commerce or receiving a
11    firearm that has been shipped or transported in interstate
12    or foreign commerce or possessing a firearm in or affecting
13    commerce.
14    (b) A person commits the offense of unlawful purchase of a
15firearm who knowingly purchases or attempts to purchase a
16firearm with the intent to deliver that firearm to another
17person who is prohibited by federal or State law from
18possessing a firearm.
19    (c) A person commits the offense of unlawful purchase of a
20firearm when he or she, in purchasing or attempting to purchase
21a firearm, intentionally provides false or misleading
22information on a United States Department of the Treasury,
23Bureau of Alcohol, Tobacco and Firearms firearms transaction
24record form.
25    (d) Exemption. It is not a violation of subsection (b) of
26this Section for a person to make a gift or loan of a firearm to

 

 

HB4048- 140 -LRB099 08096 RLC 28242 b

1a person who is not prohibited by federal or State law from
2possessing a firearm if the transfer of the firearm is made in
3accordance with Section 3 of the Firearm Owners Identification
4Card and Certificate of Handgun Registration Act.
5    (e) Sentence.
6        (1) A person who commits the offense of unlawful
7    purchase of a firearm:
8            (A) is guilty of a Class 2 felony for purchasing or
9        attempting to purchase one firearm;
10            (B) is guilty of a Class 1 felony for purchasing or
11        attempting to purchase not less than 2 firearms and not
12        more than 5 firearms at the same time or within a one
13        year period;
14            (C) is guilty of a Class X felony for which the
15        offender shall be sentenced to a term of imprisonment
16        of not less than 9 years and not more than 40 years for
17        purchasing or attempting to purchase not less than 6
18        firearms at the same time or within a 2 year period.
19        (2) In addition to any other penalty that may be
20    imposed for a violation of this Section, the court may
21    sentence a person convicted of a violation of subsection
22    (c) of this Section to a fine not to exceed $250,000 for
23    each violation.
24    (f) A prosecution for unlawful purchase of a firearm may be
25commenced within 6 years after the commission of the offense.
26(Source: P.A. 95-882, eff. 1-1-09.)
 

 

 

HB4048- 141 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 142 -LRB099 08096 RLC 28242 b

1    defense of another; or
2        (2) to any firearm obtained by a minor under the age of
3    14 because of an unlawful entry of the premises by the
4    minor or another person.
5    (d) For the purposes of this Section, "firearm" has the
6meaning ascribed to it in Section 1.1 of the Firearm Owners
7Identification Card and Certificate of Handgun Registration
8Act.
9(Source: P.A. 91-18, eff. 1-1-00.)
 
10    Section 45. The Methamphetamine Control and Community
11Protection Act is amended by changing Section 10 as follows:
 
12    (720 ILCS 646/10)
13    Sec. 10. Definitions. As used in this Act:
14    "Anhydrous ammonia" has the meaning provided in subsection
15(d) of Section 3 of the Illinois Fertilizer Act of 1961.
16    "Anhydrous ammonia equipment" means all items used to
17store, hold, contain, handle, transfer, transport, or apply
18anhydrous ammonia for lawful purposes.
19    "Booby trap" means any device designed to cause physical
20injury when triggered by an act of a person approaching,
21entering, or moving through a structure, a vehicle, or any
22location where methamphetamine has been manufactured, is being
23manufactured, or is intended to be manufactured.
24    "Deliver" or "delivery" has the meaning provided in

 

 

HB4048- 143 -LRB099 08096 RLC 28242 b

1subsection (h) of Section 102 of the Illinois Controlled
2Substances Act.
3    "Director" means the Director of State Police or the
4Director's designated agents.
5    "Dispose" or "disposal" means to abandon, discharge,
6release, deposit, inject, dump, spill, leak, or place
7methamphetamine waste onto or into any land, water, or well of
8any type so that the waste has the potential to enter the
9environment, be emitted into the air, or be discharged into the
10soil or any waters, including groundwater.
11    "Emergency response" means the act of collecting evidence
12from or securing a methamphetamine laboratory site,
13methamphetamine waste site or other methamphetamine-related
14site and cleaning up the site, whether these actions are
15performed by public entities or private contractors paid by
16public entities.
17    "Emergency service provider" means a local, State, or
18federal peace officer, firefighter, emergency medical
19technician-ambulance, emergency medical
20technician-intermediate, emergency medical
21technician-paramedic, ambulance driver, or other medical or
22first aid personnel rendering aid, or any agent or designee of
23the foregoing.
24    "Finished methamphetamine" means methamphetamine in a form
25commonly used for personal consumption.
26    "Firearm" has the meaning provided in Section 1.1 of the

 

 

HB4048- 144 -LRB099 08096 RLC 28242 b

1Firearm Owners Identification Card and Certificate of Handgun
2Registration Act.
3    "Manufacture" means to produce, prepare, compound,
4convert, process, synthesize, concentrate, purify, separate,
5extract, or package any methamphetamine, methamphetamine
6precursor, methamphetamine manufacturing catalyst,
7methamphetamine manufacturing reagent, methamphetamine
8manufacturing solvent, or any substance containing any of the
9foregoing.
10    "Methamphetamine" means the chemical methamphetamine (a
11Schedule II controlled substance under the Illinois Controlled
12Substances Act) or any salt, optical isomer, salt of optical
13isomer, or analog thereof, with the exception of
143,4-Methylenedioxymethamphetamine (MDMA) or any other
15scheduled substance with a separate listing under the Illinois
16Controlled Substances Act.
17    "Methamphetamine manufacturing catalyst" means any
18substance that has been used, is being used, or is intended to
19be used to activate, accelerate, extend, or improve a chemical
20reaction involved in the manufacture of methamphetamine.
21    "Methamphetamine manufacturing environment" means a
22structure or vehicle in which:
23        (1) methamphetamine is being or has been manufactured;
24        (2) chemicals that are being used, have been used, or
25    are intended to be used to manufacture methamphetamine are
26    stored;

 

 

HB4048- 145 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 146 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 147 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 148 -LRB099 08096 RLC 28242 b

1"Unauthorized container" does not encompass anhydrous ammonia
2manufacturing plants, refrigeration systems where anhydrous
3ammonia is used solely as a refrigerant, anhydrous ammonia
4transportation pipelines, anhydrous ammonia tankers, or
5anhydrous ammonia barges.
6(Source: P.A. 97-434, eff. 1-1-12.)
 
7    Section 46. The Code of Criminal Procedure of 1963 is
8amended by changing Section 112A-14 as follows:
 
9    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
10    Sec. 112A-14. Order of protection; remedies.
11    (a) Issuance of order. If the court finds that petitioner
12has been abused by a family or household member, as defined in
13this Article, an order of protection prohibiting such abuse
14shall issue; provided that petitioner must also satisfy the
15requirements of one of the following Sections, as appropriate:
16Section 112A-17 on emergency orders, Section 112A-18 on interim
17orders, or Section 112A-19 on plenary orders. Petitioner shall
18not be denied an order of protection because petitioner or
19respondent is a minor. The court, when determining whether or
20not to issue an order of protection, shall not require physical
21manifestations of abuse on the person of the victim.
22Modification and extension of prior orders of protection shall
23be in accordance with this Article.
24    (b) Remedies and standards. The remedies to be included in

 

 

HB4048- 149 -LRB099 08096 RLC 28242 b

1an order of protection shall be determined in accordance with
2this Section and one of the following Sections, as appropriate:
3Section 112A-17 on emergency orders, Section 112A-18 on interim
4orders, and Section 112A-19 on plenary orders. The remedies
5listed in this subsection shall be in addition to other civil
6or criminal remedies available to petitioner.
7        (1) Prohibition of abuse. Prohibit respondent's
8    harassment, interference with personal liberty,
9    intimidation of a dependent, physical abuse or willful
10    deprivation, as defined in this Article, if such abuse has
11    occurred or otherwise appears likely to occur if not
12    prohibited.
13        (2) Grant of exclusive possession of residence.
14    Prohibit respondent from entering or remaining in any
15    residence, household, or premises of the petitioner,
16    including one owned or leased by respondent, if petitioner
17    has a right to occupancy thereof. The grant of exclusive
18    possession of the residence, household, or premises shall
19    not affect title to real property, nor shall the court be
20    limited by the standard set forth in Section 701 of the
21    Illinois Marriage and Dissolution of Marriage Act.
22            (A) Right to occupancy. A party has a right to
23        occupancy of a residence or household if it is solely
24        or jointly owned or leased by that party, that party's
25        spouse, a person with a legal duty to support that
26        party or a minor child in that party's care, or by any

 

 

HB4048- 150 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 151 -LRB099 08096 RLC 28242 b

1        court, on the request of petitioner or on its own
2        motion, may order respondent to provide suitable,
3        accessible, alternate housing for petitioner instead
4        of excluding respondent from a mutual residence or
5        household.
6        (3) Stay away order and additional prohibitions. Order
7    respondent to stay away from petitioner or any other person
8    protected by the order of protection, or prohibit
9    respondent from entering or remaining present at
10    petitioner's school, place of employment, or other
11    specified places at times when petitioner is present, or
12    both, if reasonable, given the balance of hardships.
13    Hardships need not be balanced for the court to enter a
14    stay away order or prohibit entry if respondent has no
15    right to enter the premises.
16        If an order of protection grants petitioner exclusive
17    possession of the residence, or prohibits respondent from
18    entering the residence, or orders respondent to stay away
19    from petitioner or other protected persons, then the court
20    may allow respondent access to the residence to remove
21    items of clothing and personal adornment used exclusively
22    by respondent, medications, and other items as the court
23    directs. The right to access shall be exercised on only one
24    occasion as the court directs and in the presence of an
25    agreed-upon adult third party or law enforcement officer.
26        (4) Counseling. Require or recommend the respondent to

 

 

HB4048- 152 -LRB099 08096 RLC 28242 b

1    undergo counseling for a specified duration with a social
2    worker, psychologist, clinical psychologist, psychiatrist,
3    family service agency, alcohol or substance abuse program,
4    mental health center guidance counselor, agency providing
5    services to elders, program designed for domestic violence
6    abusers or any other guidance service the court deems
7    appropriate. The court may order the respondent in any
8    intimate partner relationship to report to an Illinois
9    Department of Human Services protocol approved partner
10    abuse intervention program for an assessment and to follow
11    all recommended treatment.
12        (5) Physical care and possession of the minor child. In
13    order to protect the minor child from abuse, neglect, or
14    unwarranted separation from the person who has been the
15    minor child's primary caretaker, or to otherwise protect
16    the well-being of the minor child, the court may do either
17    or both of the following: (i) grant petitioner physical
18    care or possession of the minor child, or both, or (ii)
19    order respondent to return a minor child to, or not remove
20    a minor child from, the physical care of a parent or person
21    in loco parentis.
22        If a court finds, after a hearing, that respondent has
23    committed abuse (as defined in Section 112A-3) of a minor
24    child, there shall be a rebuttable presumption that
25    awarding physical care to respondent would not be in the
26    minor child's best interest.

 

 

HB4048- 153 -LRB099 08096 RLC 28242 b

1        (6) Temporary legal custody. Award temporary legal
2    custody to petitioner in accordance with this Section, the
3    Illinois Marriage and Dissolution of Marriage Act, the
4    Illinois Parentage Act of 1984, and this State's Uniform
5    Child-Custody Jurisdiction and Enforcement Act.
6        If a court finds, after a hearing, that respondent has
7    committed abuse (as defined in Section 112A-3) of a minor
8    child, there shall be a rebuttable presumption that
9    awarding temporary legal custody to respondent would not be
10    in the child's best interest.
11        (7) Visitation. Determine the visitation rights, if
12    any, of respondent in any case in which the court awards
13    physical care or temporary legal custody of a minor child
14    to petitioner. The court shall restrict or deny
15    respondent's visitation with a minor child if the court
16    finds that respondent has done or is likely to do any of
17    the following: (i) abuse or endanger the minor child during
18    visitation; (ii) use the visitation as an opportunity to
19    abuse or harass petitioner or petitioner's family or
20    household members; (iii) improperly conceal or detain the
21    minor child; or (iv) otherwise act in a manner that is not
22    in the best interests of the minor child. The court shall
23    not be limited by the standards set forth in Section 607.1
24    of the Illinois Marriage and Dissolution of Marriage Act.
25    If the court grants visitation, the order shall specify
26    dates and times for the visitation to take place or other

 

 

HB4048- 154 -LRB099 08096 RLC 28242 b

1    specific parameters or conditions that are appropriate. No
2    order for visitation shall refer merely to the term
3    "reasonable visitation".
4        Petitioner may deny respondent access to the minor
5    child if, when respondent arrives for visitation,
6    respondent is under the influence of drugs or alcohol and
7    constitutes a threat to the safety and well-being of
8    petitioner or petitioner's minor children or is behaving in
9    a violent or abusive manner.
10        If necessary to protect any member of petitioner's
11    family or household from future abuse, respondent shall be
12    prohibited from coming to petitioner's residence to meet
13    the minor child for visitation, and the parties shall
14    submit to the court their recommendations for reasonable
15    alternative arrangements for visitation. A person may be
16    approved to supervise visitation only after filing an
17    affidavit accepting that responsibility and acknowledging
18    accountability to the court.
19        (8) Removal or concealment of minor child. Prohibit
20    respondent from removing a minor child from the State or
21    concealing the child within the State.
22        (9) Order to appear. Order the respondent to appear in
23    court, alone or with a minor child, to prevent abuse,
24    neglect, removal or concealment of the child, to return the
25    child to the custody or care of the petitioner or to permit
26    any court-ordered interview or examination of the child or

 

 

HB4048- 155 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 156 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 157 -LRB099 08096 RLC 28242 b

1    which shall govern, among other matters, the amount of
2    support, payment through the clerk and withholding of
3    income to secure payment. An order for child support may be
4    granted to a petitioner with lawful physical care or
5    custody of a child, or an order or agreement for physical
6    care or custody, prior to entry of an order for legal
7    custody. Such a support order shall expire upon entry of a
8    valid order granting legal custody to another, unless
9    otherwise provided in the custody order.
10        (13) Order for payment of losses. Order respondent to
11    pay petitioner for losses suffered as a direct result of
12    the abuse. Such losses shall include, but not be limited
13    to, medical expenses, lost earnings or other support,
14    repair or replacement of property damaged or taken,
15    reasonable attorney's fees, court costs and moving or other
16    travel expenses, including additional reasonable expenses
17    for temporary shelter and restaurant meals.
18            (i) Losses affecting family needs. If a party is
19        entitled to seek maintenance, child support or
20        property distribution from the other party under the
21        Illinois Marriage and Dissolution of Marriage Act, as
22        now or hereafter amended, the court may order
23        respondent to reimburse petitioner's actual losses, to
24        the extent that such reimbursement would be
25        "appropriate temporary relief", as authorized by
26        subsection (a)(3) of Section 501 of that Act.

 

 

HB4048- 158 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 159 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 160 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 161 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 162 -LRB099 08096 RLC 28242 b

1        dependent adult in the party's care;
2            (ii) the effect on the party's employment; and
3            (iii) the effect on the relationship of the party,
4        and any minor child or dependent adult in the party's
5        care, to family, school, church and community.
6        (3) Subject to the exceptions set forth in paragraph
7    (4) of this subsection, the court shall make its findings
8    in an official record or in writing, and shall at a minimum
9    set forth the following:
10            (i) That the court has considered the applicable
11        relevant factors described in paragraphs (1) and (2) of
12        this subsection.
13            (ii) Whether the conduct or actions of respondent,
14        unless prohibited, will likely cause irreparable harm
15        or continued abuse.
16            (iii) Whether it is necessary to grant the
17        requested relief in order to protect petitioner or
18        other alleged abused persons.
19        (4) For purposes of issuing an ex parte emergency order
20    of protection, the court, as an alternative to or as a
21    supplement to making the findings described in paragraphs
22    (c)(3)(i) through (c)(3)(iii) of this subsection, may use
23    the following procedure:
24        When a verified petition for an emergency order of
25    protection in accordance with the requirements of Sections
26    112A-5 and 112A-17 is presented to the court, the court

 

 

HB4048- 163 -LRB099 08096 RLC 28242 b

1    shall examine petitioner on oath or affirmation. An
2    emergency order of protection shall be issued by the court
3    if it appears from the contents of the petition and the
4    examination of petitioner that the averments are
5    sufficient to indicate abuse by respondent and to support
6    the granting of relief under the issuance of the emergency
7    order of protection.
8        (5) Never married parties. No rights or
9    responsibilities for a minor child born outside of marriage
10    attach to a putative father until a father and child
11    relationship has been established under the Illinois
12    Parentage Act of 1984. Absent such an adjudication, no
13    putative father shall be granted temporary custody of the
14    minor child, visitation with the minor child, or physical
15    care and possession of the minor child, nor shall an order
16    of payment for support of the minor child be entered.
17    (d) Balance of hardships; findings. If the court finds that
18the balance of hardships does not support the granting of a
19remedy governed by paragraph (2), (3), (10), (11), or (16) of
20subsection (b) of this Section, which may require such
21balancing, the court's findings shall so indicate and shall
22include a finding as to whether granting the remedy will result
23in hardship to respondent that would substantially outweigh the
24hardship to petitioner from denial of the remedy. The findings
25shall be an official record or in writing.
26    (e) Denial of remedies. Denial of any remedy shall not be

 

 

HB4048- 164 -LRB099 08096 RLC 28242 b

1based, in whole or in part, on evidence that:
2        (1) Respondent has cause for any use of force, unless
3    that cause satisfies the standards for justifiable use of
4    force provided by Article 7 of the Criminal Code of 2012;
5        (2) Respondent was voluntarily intoxicated;
6        (3) Petitioner acted in self-defense or defense of
7    another, provided that, if petitioner utilized force, such
8    force was justifiable under Article 7 of the Criminal Code
9    of 2012;
10        (4) Petitioner did not act in self-defense or defense
11    of another;
12        (5) Petitioner left the residence or household to avoid
13    further abuse by respondent;
14        (6) Petitioner did not leave the residence or household
15    to avoid further abuse by respondent;
16        (7) Conduct by any family or household member excused
17    the abuse by respondent, unless that same conduct would
18    have excused such abuse if the parties had not been family
19    or household members.
20(Source: P.A. 97-158, eff. 1-1-12; 97-1131, eff. 1-1-13;
2197-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
 
22    Section 50. The Unified Code of Corrections is amended by
23changing Sections 5-5-3 and 5-5-3.2 as follows:
 
24    (730 ILCS 5/5-5-3)  (from Ch. 38, par. 1005-5-3)

 

 

HB4048- 165 -LRB099 08096 RLC 28242 b

1    Sec. 5-5-3. Disposition.
2    (a) (Blank).
3    (b) (Blank).
4    (c) (1) (Blank).
5    (2) A period of probation, a term of periodic imprisonment
6or conditional discharge shall not be imposed for the following
7offenses. The court shall sentence the offender to not less
8than the minimum term of imprisonment set forth in this Code
9for the following offenses, and may order a fine or restitution
10or both in conjunction with such term of imprisonment:
11        (A) First degree murder where the death penalty is not
12    imposed.
13        (B) Attempted first degree murder.
14        (C) A Class X felony.
15        (D) A violation of Section 401.1 or 407 of the Illinois
16    Controlled Substances Act, or a violation of subdivision
17    (c)(1.5) or (c)(2) of Section 401 of that Act which relates
18    to more than 5 grams of a substance containing cocaine,
19    fentanyl, or an analog thereof.
20        (D-5) A violation of subdivision (c)(1) of Section 401
21    of the Illinois Controlled Substances Act which relates to
22    3 or more grams of a substance containing heroin or an
23    analog thereof.
24        (E) A violation of Section 5.1 or 9 of the Cannabis
25    Control Act.
26        (F) A Class 2 or greater felony if the offender had

 

 

HB4048- 166 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 167 -LRB099 08096 RLC 28242 b

1    or provides support to the members of the association who
2    do commit crimes.
3        Beginning July 1, 1994, for the purposes of this
4    paragraph, "organized gang" has the meaning ascribed to it
5    in Section 10 of the Illinois Streetgang Terrorism Omnibus
6    Prevention Act.
7        (K) Vehicular hijacking.
8        (L) A second or subsequent conviction for the offense
9    of hate crime when the underlying offense upon which the
10    hate crime is based is felony aggravated assault or felony
11    mob action.
12        (M) A second or subsequent conviction for the offense
13    of institutional vandalism if the damage to the property
14    exceeds $300.
15        (N) A Class 3 felony violation of paragraph (1) of
16    subsection (a) of Section 2 of the Firearm Owners
17    Identification Card and Certificate of Handgun
18    Registration Act.
19        (O) A violation of Section 12-6.1 or 12-6.5 of the
20    Criminal Code of 1961 or the Criminal Code of 2012.
21        (P) A violation of paragraph (1), (2), (3), (4), (5),
22    or (7) of subsection (a) of Section 11-20.1 of the Criminal
23    Code of 1961 or the Criminal Code of 2012.
24        (Q) A violation of subsection (b) or (b-5) of Section
25    20-1, Section 20-1.2, or Section 20-1.3 of the Criminal
26    Code of 1961 or the Criminal Code of 2012.

 

 

HB4048- 168 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 169 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 170 -LRB099 08096 RLC 28242 b

1consecutive days or 30 days of community service shall be
2imposed for a violation of paragraph (c) of Section 6-303 of
3the Illinois Vehicle Code.
4    (4.1) (Blank).
5    (4.2) Except as provided in paragraphs (4.3) and (4.8) of
6this subsection (c), a minimum of 100 hours of community
7service shall be imposed for a second violation of Section
86-303 of the Illinois Vehicle Code.
9    (4.3) A minimum term of imprisonment of 30 days or 300
10hours of community service, as determined by the court, shall
11be imposed for a second violation of subsection (c) of Section
126-303 of the Illinois Vehicle Code.
13    (4.4) Except as provided in paragraphs (4.5), (4.6), and
14(4.9) of this subsection (c), a minimum term of imprisonment of
1530 days or 300 hours of community service, as determined by the
16court, shall be imposed for a third or subsequent violation of
17Section 6-303 of the Illinois Vehicle Code.
18    (4.5) A minimum term of imprisonment of 30 days shall be
19imposed for a third violation of subsection (c) of Section
206-303 of the Illinois Vehicle Code.
21    (4.6) Except as provided in paragraph (4.10) of this
22subsection (c), a minimum term of imprisonment of 180 days
23shall be imposed for a fourth or subsequent violation of
24subsection (c) of Section 6-303 of the Illinois Vehicle Code.
25    (4.7) A minimum term of imprisonment of not less than 30
26consecutive days, or 300 hours of community service, shall be

 

 

HB4048- 171 -LRB099 08096 RLC 28242 b

1imposed for a violation of subsection (a-5) of Section 6-303 of
2the Illinois Vehicle Code, as provided in subsection (b-5) of
3that Section.
4    (4.8) A mandatory prison sentence shall be imposed for a
5second violation of subsection (a-5) of Section 6-303 of the
6Illinois Vehicle Code, as provided in subsection (c-5) of that
7Section. The person's driving privileges shall be revoked for a
8period of not less than 5 years from the date of his or her
9release from prison.
10    (4.9) A mandatory prison sentence of not less than 4 and
11not more than 15 years shall be imposed for a third violation
12of subsection (a-5) of Section 6-303 of the Illinois Vehicle
13Code, as provided in subsection (d-2.5) of that Section. The
14person's driving privileges shall be revoked for the remainder
15of his or her life.
16    (4.10) A mandatory prison sentence for a Class 1 felony
17shall be imposed, and the person shall be eligible for an
18extended term sentence, for a fourth or subsequent violation of
19subsection (a-5) of Section 6-303 of the Illinois Vehicle Code,
20as provided in subsection (d-3.5) of that Section. The person's
21driving privileges shall be revoked for the remainder of his or
22her life.
23    (5) The court may sentence a corporation or unincorporated
24association convicted of any offense to:
25        (A) a period of conditional discharge;
26        (B) a fine;

 

 

HB4048- 172 -LRB099 08096 RLC 28242 b

1        (C) make restitution to the victim under Section 5-5-6
2    of this Code.
3    (5.1) In addition to any other penalties imposed, and
4except as provided in paragraph (5.2) or (5.3), a person
5convicted of violating subsection (c) of Section 11-907 of the
6Illinois Vehicle Code shall have his or her driver's license,
7permit, or privileges suspended for at least 90 days but not
8more than one year, if the violation resulted in damage to the
9property of another person.
10    (5.2) In addition to any other penalties imposed, and
11except as provided in paragraph (5.3), a person convicted of
12violating subsection (c) of Section 11-907 of the Illinois
13Vehicle Code shall have his or her driver's license, permit, or
14privileges suspended for at least 180 days but not more than 2
15years, if the violation resulted in injury to another person.
16    (5.3) In addition to any other penalties imposed, a person
17convicted of violating subsection (c) of Section 11-907 of the
18Illinois Vehicle Code shall have his or her driver's license,
19permit, or privileges suspended for 2 years, if the violation
20resulted in the death of another person.
21    (5.4) In addition to any other penalties imposed, a person
22convicted of violating Section 3-707 of the Illinois Vehicle
23Code shall have his or her driver's license, permit, or
24privileges suspended for 3 months and until he or she has paid
25a reinstatement fee of $100.
26    (5.5) In addition to any other penalties imposed, a person

 

 

HB4048- 173 -LRB099 08096 RLC 28242 b

1convicted of violating Section 3-707 of the Illinois Vehicle
2Code during a period in which his or her driver's license,
3permit, or privileges were suspended for a previous violation
4of that Section shall have his or her driver's license, permit,
5or privileges suspended for an additional 6 months after the
6expiration of the original 3-month suspension and until he or
7she has paid a reinstatement fee of $100.
8    (6) (Blank).
9    (7) (Blank).
10    (8) (Blank).
11    (9) A defendant convicted of a second or subsequent offense
12of ritualized abuse of a child may be sentenced to a term of
13natural life imprisonment.
14    (10) (Blank).
15    (11) The court shall impose a minimum fine of $1,000 for a
16first offense and $2,000 for a second or subsequent offense
17upon a person convicted of or placed on supervision for battery
18when the individual harmed was a sports official or coach at
19any level of competition and the act causing harm to the sports
20official or coach occurred within an athletic facility or
21within the immediate vicinity of the athletic facility at which
22the sports official or coach was an active participant of the
23athletic contest held at the athletic facility. For the
24purposes of this paragraph (11), "sports official" means a
25person at an athletic contest who enforces the rules of the
26contest, such as an umpire or referee; "athletic facility"

 

 

HB4048- 174 -LRB099 08096 RLC 28242 b

1means an indoor or outdoor playing field or recreational area
2where sports activities are conducted; and "coach" means a
3person recognized as a coach by the sanctioning authority that
4conducted the sporting event.
5    (12) A person may not receive a disposition of court
6supervision for a violation of Section 5-16 of the Boat
7Registration and Safety Act if that person has previously
8received a disposition of court supervision for a violation of
9that Section.
10    (13) A person convicted of or placed on court supervision
11for an assault or aggravated assault when the victim and the
12offender are family or household members as defined in Section
13103 of the Illinois Domestic Violence Act of 1986 or convicted
14of domestic battery or aggravated domestic battery may be
15required to attend a Partner Abuse Intervention Program under
16protocols set forth by the Illinois Department of Human
17Services under such terms and conditions imposed by the court.
18The costs of such classes shall be paid by the offender.
19    (d) In any case in which a sentence originally imposed is
20vacated, the case shall be remanded to the trial court. The
21trial court shall hold a hearing under Section 5-4-1 of the
22Unified Code of Corrections which may include evidence of the
23defendant's life, moral character and occupation during the
24time since the original sentence was passed. The trial court
25shall then impose sentence upon the defendant. The trial court
26may impose any sentence which could have been imposed at the

 

 

HB4048- 175 -LRB099 08096 RLC 28242 b

1original trial subject to Section 5-5-4 of the Unified Code of
2Corrections. If a sentence is vacated on appeal or on
3collateral attack due to the failure of the trier of fact at
4trial to determine beyond a reasonable doubt the existence of a
5fact (other than a prior conviction) necessary to increase the
6punishment for the offense beyond the statutory maximum
7otherwise applicable, either the defendant may be re-sentenced
8to a term within the range otherwise provided or, if the State
9files notice of its intention to again seek the extended
10sentence, the defendant shall be afforded a new trial.
11    (e) In cases where prosecution for aggravated criminal
12sexual abuse under Section 11-1.60 or 12-16 of the Criminal
13Code of 1961 or the Criminal Code of 2012 results in conviction
14of a defendant who was a family member of the victim at the
15time of the commission of the offense, the court shall consider
16the safety and welfare of the victim and may impose a sentence
17of probation only where:
18        (1) the court finds (A) or (B) or both are appropriate:
19            (A) the defendant is willing to undergo a court
20        approved counseling program for a minimum duration of 2
21        years; or
22            (B) the defendant is willing to participate in a
23        court approved plan including but not limited to the
24        defendant's:
25                (i) removal from the household;
26                (ii) restricted contact with the victim;

 

 

HB4048- 176 -LRB099 08096 RLC 28242 b

1                (iii) continued financial support of the
2            family;
3                (iv) restitution for harm done to the victim;
4            and
5                (v) compliance with any other measures that
6            the court may deem appropriate; and
7        (2) the court orders the defendant to pay for the
8    victim's counseling services, to the extent that the court
9    finds, after considering the defendant's income and
10    assets, that the defendant is financially capable of paying
11    for such services, if the victim was under 18 years of age
12    at the time the offense was committed and requires
13    counseling as a result of the offense.
14    Probation may be revoked or modified pursuant to Section
155-6-4; except where the court determines at the hearing that
16the defendant violated a condition of his or her probation
17restricting contact with the victim or other family members or
18commits another offense with the victim or other family
19members, the court shall revoke the defendant's probation and
20impose a term of imprisonment.
21    For the purposes of this Section, "family member" and
22"victim" shall have the meanings ascribed to them in Section
2311-0.1 of the Criminal Code of 2012.
24    (f) (Blank).
25    (g) Whenever a defendant is convicted of an offense under
26Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-14,

 

 

HB4048- 177 -LRB099 08096 RLC 28242 b

111-14.3, 11-14.4 except for an offense that involves keeping a
2place of juvenile prostitution, 11-15, 11-15.1, 11-16, 11-17,
311-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 12-13, 12-14,
412-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the
5Criminal Code of 2012, the defendant shall undergo medical
6testing to determine whether the defendant has any sexually
7transmissible disease, including a test for infection with
8human immunodeficiency virus (HIV) or any other identified
9causative agent of acquired immunodeficiency syndrome (AIDS).
10Any such medical test shall be performed only by appropriately
11licensed medical practitioners and may include an analysis of
12any bodily fluids as well as an examination of the defendant's
13person. Except as otherwise provided by law, the results of
14such test shall be kept strictly confidential by all medical
15personnel involved in the testing and must be personally
16delivered in a sealed envelope to the judge of the court in
17which the conviction was entered for the judge's inspection in
18camera. Acting in accordance with the best interests of the
19victim and the public, the judge shall have the discretion to
20determine to whom, if anyone, the results of the testing may be
21revealed. The court shall notify the defendant of the test
22results. The court shall also notify the victim if requested by
23the victim, and if the victim is under the age of 15 and if
24requested by the victim's parents or legal guardian, the court
25shall notify the victim's parents or legal guardian of the test
26results. The court shall provide information on the

 

 

HB4048- 178 -LRB099 08096 RLC 28242 b

1availability of HIV testing and counseling at Department of
2Public Health facilities to all parties to whom the results of
3the testing are revealed and shall direct the State's Attorney
4to provide the information to the victim when possible. A
5State's Attorney may petition the court to obtain the results
6of any HIV test administered under this Section, and the court
7shall grant the disclosure if the State's Attorney shows it is
8relevant in order to prosecute a charge of criminal
9transmission of HIV under Section 12-5.01 or 12-16.2 of the
10Criminal Code of 1961 or the Criminal Code of 2012 against the
11defendant. The court shall order that the cost of any such test
12shall be paid by the county and may be taxed as costs against
13the convicted defendant.
14    (g-5) When an inmate is tested for an airborne communicable
15disease, as determined by the Illinois Department of Public
16Health including but not limited to tuberculosis, the results
17of the test shall be personally delivered by the warden or his
18or her designee in a sealed envelope to the judge of the court
19in which the inmate must appear for the judge's inspection in
20camera if requested by the judge. Acting in accordance with the
21best interests of those in the courtroom, the judge shall have
22the discretion to determine what if any precautions need to be
23taken to prevent transmission of the disease in the courtroom.
24    (h) Whenever a defendant is convicted of an offense under
25Section 1 or 2 of the Hypodermic Syringes and Needles Act, the
26defendant shall undergo medical testing to determine whether

 

 

HB4048- 179 -LRB099 08096 RLC 28242 b

1the defendant has been exposed to human immunodeficiency virus
2(HIV) or any other identified causative agent of acquired
3immunodeficiency syndrome (AIDS). Except as otherwise provided
4by law, the results of such test shall be kept strictly
5confidential by all medical personnel involved in the testing
6and must be personally delivered in a sealed envelope to the
7judge of the court in which the conviction was entered for the
8judge's inspection in camera. Acting in accordance with the
9best interests of the public, the judge shall have the
10discretion to determine to whom, if anyone, the results of the
11testing may be revealed. The court shall notify the defendant
12of a positive test showing an infection with the human
13immunodeficiency virus (HIV). The court shall provide
14information on the availability of HIV testing and counseling
15at Department of Public Health facilities to all parties to
16whom the results of the testing are revealed and shall direct
17the State's Attorney to provide the information to the victim
18when possible. A State's Attorney may petition the court to
19obtain the results of any HIV test administered under this
20Section, and the court shall grant the disclosure if the
21State's Attorney shows it is relevant in order to prosecute a
22charge of criminal transmission of HIV under Section 12-5.01 or
2312-16.2 of the Criminal Code of 1961 or the Criminal Code of
242012 against the defendant. The court shall order that the cost
25of any such test shall be paid by the county and may be taxed as
26costs against the convicted defendant.

 

 

HB4048- 180 -LRB099 08096 RLC 28242 b

1    (i) All fines and penalties imposed under this Section for
2any violation of Chapters 3, 4, 6, and 11 of the Illinois
3Vehicle Code, or a similar provision of a local ordinance, and
4any violation of the Child Passenger Protection Act, or a
5similar provision of a local ordinance, shall be collected and
6disbursed by the circuit clerk as provided under Section 27.5
7of the Clerks of Courts Act.
8    (j) In cases when prosecution for any violation of Section
911-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-8, 11-9,
1011-11, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16, 11-17,
1111-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2, 11-20.1,
1211-20.1B, 11-20.3, 11-21, 11-30, 11-40, 12-13, 12-14, 12-14.1,
1312-15, or 12-16 of the Criminal Code of 1961 or the Criminal
14Code of 2012, any violation of the Illinois Controlled
15Substances Act, any violation of the Cannabis Control Act, or
16any violation of the Methamphetamine Control and Community
17Protection Act results in conviction, a disposition of court
18supervision, or an order of probation granted under Section 10
19of the Cannabis Control Act, Section 410 of the Illinois
20Controlled Substances Act, or Section 70 of the Methamphetamine
21Control and Community Protection Act of a defendant, the court
22shall determine whether the defendant is employed by a facility
23or center as defined under the Child Care Act of 1969, a public
24or private elementary or secondary school, or otherwise works
25with children under 18 years of age on a daily basis. When a
26defendant is so employed, the court shall order the Clerk of

 

 

HB4048- 181 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 182 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 183 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 184 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 185 -LRB099 08096 RLC 28242 b

1license renewal established by the Secretary of State.
2(Source: P.A. 97-159, eff. 7-21-11; 97-697, eff. 6-22-12;
397-917, eff. 8-9-12; 97-1108, eff. 1-1-13; 97-1109, eff.
41-1-13; 97-1150, eff. 1-25-13; 98-718, eff. 1-1-15; 98-756,
5eff. 7-16-14.)
 
6    (730 ILCS 5/5-5-3.2)
7    Sec. 5-5-3.2. Factors in Aggravation and Extended-Term
8Sentencing.
9    (a) The following factors shall be accorded weight in favor
10of imposing a term of imprisonment or may be considered by the
11court as reasons to impose a more severe sentence under Section
125-8-1 or Article 4.5 of Chapter V:
13        (1) the defendant's conduct caused or threatened
14    serious harm;
15        (2) the defendant received compensation for committing
16    the offense;
17        (3) the defendant has a history of prior delinquency or
18    criminal activity;
19        (4) the defendant, by the duties of his office or by
20    his position, was obliged to prevent the particular offense
21    committed or to bring the offenders committing it to
22    justice;
23        (5) the defendant held public office at the time of the
24    offense, and the offense related to the conduct of that
25    office;

 

 

HB4048- 186 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 187 -LRB099 08096 RLC 28242 b

1    mean any church, synagogue or other building, structure or
2    place used primarily for religious worship;
3        (12) the defendant was convicted of a felony committed
4    while he was released on bail or his own recognizance
5    pending trial for a prior felony and was convicted of such
6    prior felony, or the defendant was convicted of a felony
7    committed while he was serving a period of probation,
8    conditional discharge, or mandatory supervised release
9    under subsection (d) of Section 5-8-1 for a prior felony;
10        (13) the defendant committed or attempted to commit a
11    felony while he was wearing a bulletproof vest. For the
12    purposes of this paragraph (13), a bulletproof vest is any
13    device which is designed for the purpose of protecting the
14    wearer from bullets, shot or other lethal projectiles;
15        (14) the defendant held a position of trust or
16    supervision such as, but not limited to, family member as
17    defined in Section 11-0.1 of the Criminal Code of 2012,
18    teacher, scout leader, baby sitter, or day care worker, in
19    relation to a victim under 18 years of age, and the
20    defendant committed an offense in violation of Section
21    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
22    11-14.4 except for an offense that involves keeping a place
23    of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
24    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
25    or 12-16 of the Criminal Code of 1961 or the Criminal Code
26    of 2012 against that victim;

 

 

HB4048- 188 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 189 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 190 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 191 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 192 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 193 -LRB099 08096 RLC 28242 b

1    "School" is defined as a public or private elementary or
2secondary school, community college, college, or university.
3    "Day care center" means a public or private State certified
4and licensed day care center as defined in Section 2.09 of the
5Child Care Act of 1969 that displays a sign in plain view
6stating that the property is a day care center.
7    "Public transportation" means the transportation or
8conveyance of persons by means available to the general public,
9and includes paratransit services.
10    (b) The following factors, related to all felonies, may be
11considered by the court as reasons to impose an extended term
12sentence under Section 5-8-2 upon any offender:
13        (1) When a defendant is convicted of any felony, after
14    having been previously convicted in Illinois or any other
15    jurisdiction of the same or similar class felony or greater
16    class felony, when such conviction has occurred within 10
17    years after the previous conviction, excluding time spent
18    in custody, and such charges are separately brought and
19    tried and arise out of different series of acts; or
20        (2) When a defendant is convicted of any felony and the
21    court finds that the offense was accompanied by
22    exceptionally brutal or heinous behavior indicative of
23    wanton cruelty; or
24        (3) When a defendant is convicted of any felony
25    committed against:
26            (i) a person under 12 years of age at the time of

 

 

HB4048- 194 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 195 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 196 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 197 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 198 -LRB099 08096 RLC 28242 b

1    substance under Section 401 of the Illinois Controlled
2    Substances Act (720 ILCS 570/401), the illegal manufacture
3    of methamphetamine under Section 25 of the Methamphetamine
4    Control and Community Protection Act (720 ILCS 646/25), or
5    the illegal possession of explosives and an emergency
6    response officer in the performance of his or her duties is
7    killed or injured at the scene of the offense while
8    responding to the emergency caused by the commission of the
9    offense. In this paragraph, "emergency" means a situation
10    in which a person's life, health, or safety is in jeopardy;
11    and "emergency response officer" means a peace officer,
12    community policing volunteer, fireman, emergency medical
13    technician-ambulance, emergency medical
14    technician-intermediate, emergency medical
15    technician-paramedic, ambulance driver, other medical
16    assistance or first aid personnel, or hospital emergency
17    room personnel.
18        (8) When the defendant is convicted of attempted mob
19    action, solicitation to commit mob action, or conspiracy to
20    commit mob action under Section 8-1, 8-2, or 8-4 of the
21    Criminal Code of 2012, where the criminal object is a
22    violation of Section 25-1 of the Criminal Code of 2012, and
23    an electronic communication is used in the commission of
24    the offense. For the purposes of this paragraph (8),
25    "electronic communication" shall have the meaning provided
26    in Section 26.5-0.1 of the Criminal Code of 2012.

 

 

HB4048- 199 -LRB099 08096 RLC 28242 b

1    (d) For the purposes of this Section, "organized gang" has
2the meaning ascribed to it in Section 10 of the Illinois
3Streetgang Terrorism Omnibus Prevention Act.
4    (e) The court may impose an extended term sentence under
5Article 4.5 of Chapter V upon an offender who has been
6convicted of a felony violation of Section 11-1.20, 11-1.30,
711-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
812-16 of the Criminal Code of 1961 or the Criminal Code of 2012
9when the victim of the offense is under 18 years of age at the
10time of the commission of the offense and, during the
11commission of the offense, the victim was under the influence
12of alcohol, regardless of whether or not the alcohol was
13supplied by the offender; and the offender, at the time of the
14commission of the offense, knew or should have known that the
15victim had consumed alcohol.
16(Source: P.A. 97-38, eff. 6-28-11, 97-227, eff. 1-1-12; 97-333,
17eff. 8-12-11; 97-693, eff. 1-1-13; 97-1108, eff. 1-1-13;
1897-1109, eff. 1-1-13; 97-1150, eff. 1-25-13; 98-14, eff.
191-1-14; 98-104, eff. 7-22-13; 98-385, eff. 1-1-14; 98-756, eff.
207-16-14.)
 
21    Section 51. The Stalking No Contact Order Act is amended by
22changing Section 80 as follows:
 
23    (740 ILCS 21/80)
24    Sec. 80. Stalking no contact orders; remedies.

 

 

HB4048- 200 -LRB099 08096 RLC 28242 b

1    (a) If the court finds that the petitioner has been a
2victim of stalking, a stalking no contact order shall issue;
3provided that the petitioner must also satisfy the requirements
4of Section 95 on emergency orders or Section 100 on plenary
5orders. The petitioner shall not be denied a stalking no
6contact order because the petitioner or the respondent is a
7minor. The court, when determining whether or not to issue a
8stalking no contact order, may not require physical injury on
9the person of the petitioner. Modification and extension of
10prior stalking no contact orders shall be in accordance with
11this Act.
12    (b) A stalking no contact order shall order one or more of
13the following:
14        (1) prohibit the respondent from threatening to commit
15    or committing stalking;
16        (2) order the respondent not to have any contact with
17    the petitioner or a third person specifically named by the
18    court;
19        (3) prohibit the respondent from knowingly coming
20    within, or knowingly remaining within a specified distance
21    of the petitioner or the petitioner's residence, school,
22    daycare, or place of employment, or any specified place
23    frequented by the petitioner; however, the court may order
24    the respondent to stay away from the respondent's own
25    residence, school, or place of employment only if the
26    respondent has been provided actual notice of the

 

 

HB4048- 201 -LRB099 08096 RLC 28242 b

1    opportunity to appear and be heard on the petition;
2        (4) prohibit the respondent from possessing a Firearm
3    Owners Identification Card or certificate of handgun
4    registration, or possessing or buying firearms; and
5        (5) order other injunctive relief the court determines
6    to be necessary to protect the petitioner or third party
7    specifically named by the court.
8    (b-5) When the petitioner and the respondent attend the
9same public, private, or non-public elementary, middle, or high
10school, the court when issuing a stalking no contact order and
11providing relief shall consider the severity of the act, any
12continuing physical danger or emotional distress to the
13petitioner, the educational rights guaranteed to the
14petitioner and respondent under federal and State law, the
15availability of a transfer of the respondent to another school,
16a change of placement or a change of program of the respondent,
17the expense, difficulty, and educational disruption that would
18be caused by a transfer of the respondent to another school,
19and any other relevant facts of the case. The court may order
20that the respondent not attend the public, private, or
21non-public elementary, middle, or high school attended by the
22petitioner, order that the respondent accept a change of
23placement or program, as determined by the school district or
24private or non-public school, or place restrictions on the
25respondent's movements within the school attended by the
26petitioner. The respondent bears the burden of proving by a

 

 

HB4048- 202 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 203 -LRB099 08096 RLC 28242 b

1custodian of a minor respondent to take certain actions or to
2refrain from taking certain actions to ensure that the
3respondent complies with the order. In the event the court
4orders a transfer of the respondent to another school, the
5parents, guardian, or legal custodian of the respondent are
6responsible for transportation and other costs associated with
7the change of school by the respondent.
8    (b-7) The court shall not hold a school district or private
9or non-public school or any of its employees in civil or
10criminal contempt unless the school district or private or
11non-public school has been allowed to intervene.
12    (b-8) The court may hold the parents, guardian, or legal
13custodian of a minor respondent in civil or criminal contempt
14for a violation of any provision of any order entered under
15this Act for conduct of the minor respondent in violation of
16this Act if the parents, guardian, or legal custodian directed,
17encouraged, or assisted the respondent minor in such conduct.
18    (c) The court may award the petitioner costs and attorneys
19fees if a stalking no contact order is granted.
20    (d) Monetary damages are not recoverable as a remedy.
21    (e) If the stalking no contact order prohibits the
22respondent from possessing a Firearm Owner's Identification
23Card, or possessing or buying firearms; the court shall
24confiscate the respondent's Firearm Owner's Identification
25Card and immediately return the card to the Department of State
26Police Firearm Owner's Identification Card Office.

 

 

HB4048- 204 -LRB099 08096 RLC 28242 b

1(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12;
297-1131, eff. 1-1-13.)
 
3    Section 55. The Mental Health and Developmental
4Disabilities Confidentiality Act is amended by changing
5Section 12 as follows:
 
6    (740 ILCS 110/12)  (from Ch. 91 1/2, par. 812)
7    Sec. 12. (a) If the United States Secret Service or the
8Department of State Police requests information from a mental
9health or developmental disability facility, as defined in
10Section 1-107 and 1-114 of the Mental Health and Developmental
11Disabilities Code, relating to a specific recipient and the
12facility director determines that disclosure of such
13information may be necessary to protect the life of, or to
14prevent the infliction of great bodily harm to, a public
15official, or a person under the protection of the United States
16Secret Service, only the following information may be
17disclosed: the recipient's name, address, and age and the date
18of any admission to or discharge from a facility; and any
19information which would indicate whether or not the recipient
20has a history of violence or presents a danger of violence to
21the person under protection. Any information so disclosed shall
22be used for investigative purposes only and shall not be
23publicly disseminated. Any person participating in good faith
24in the disclosure of such information in accordance with this

 

 

HB4048- 205 -LRB099 08096 RLC 28242 b

1provision shall have immunity from any liability, civil,
2criminal or otherwise, if such information is disclosed relying
3upon the representation of an officer of the United States
4Secret Service or the Department of State Police that a person
5is under the protection of the United States Secret Service or
6is a public official.
7    For the purpose of this subsection (a), the term "public
8official" means the Governor, Lieutenant Governor, Attorney
9General, Secretary of State, State Comptroller, State
10Treasurer, member of the General Assembly, member of the United
11States Congress, Judge of the United States as defined in 28
12U.S.C. 451, Justice of the United States as defined in 28
13U.S.C. 451, United States Magistrate Judge as defined in 28
14U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
15Supreme, Appellate, Circuit, or Associate Judge of the State of
16Illinois. The term shall also include the spouse, child or
17children of a public official.
18    (b) The Department of Human Services (acting as successor
19to the Department of Mental Health and Developmental
20Disabilities) and all public or private hospitals and mental
21health facilities are required, as hereafter described in this
22subsection, to furnish the Department of State Police only such
23information as may be required for the sole purpose of
24determining whether an individual who may be or may have been a
25patient is disqualified because of that status from receiving
26or retaining a Firearm Owner's Identification Card or falls

 

 

HB4048- 206 -LRB099 08096 RLC 28242 b

1within the federal prohibitors under subsection (e), (f), (g),
2(r), (s), or (t) of Section 8 of the Firearm Owners
3Identification Card and Certificate of Handgun Registration
4Act, or falls within the federal prohibitors in 18 U.S.C.
5922(g) and (n). All physicians, clinical psychologists, or
6qualified examiners at public or private mental health
7facilities or parts thereof as defined in this subsection
8shall, in the form and manner required by the Department,
9provide notice directly to the Department of Human Services, or
10to his or her employer who shall then report to the Department,
11within 24 hours after determining that a patient as described
12in clause (2) of the definition of "patient" in Section 1.1 of
13the Firearm Owners Identification Card and Certificate of
14Handgun Registration Act poses a clear and present danger to
15himself, herself, or others, or is determined to be
16developmentally disabled. This information shall be furnished
17within 24 hours after the physician, clinical psychologist, or
18qualified examiner has made a determination, or within 7 days
19after admission to a public or private hospital or mental
20health facility or the provision of services to a patient
21described in clause (1) of the definition of "patient" in
22Section 1.1 of the Firearm Owners Identification Card and
23Certificate of Handgun Registration Act. Any such information
24disclosed under this subsection shall remain privileged and
25confidential, and shall not be redisclosed, except as required
26by subsection (e) of Section 3.1 of the Firearm Owners

 

 

HB4048- 207 -LRB099 08096 RLC 28242 b

1Identification Card and Certificate of Handgun Registration
2Act, nor utilized for any other purpose. The method of
3requiring the providing of such information shall guarantee
4that no information is released beyond what is necessary for
5this purpose. In addition, the information disclosed shall be
6provided by the Department within the time period established
7by Section 24-3 of the Criminal Code of 2012 regarding the
8delivery of firearms. The method used shall be sufficient to
9provide the necessary information within the prescribed time
10period, which may include periodically providing lists to the
11Department of Human Services or any public or private hospital
12or mental health facility of Firearm Owner's Identification
13Card applicants on which the Department or hospital shall
14indicate the identities of those individuals who are to its
15knowledge disqualified from having a Firearm Owner's
16Identification Card for reasons described herein. The
17Department may provide for a centralized source of information
18for the State on this subject under its jurisdiction. The
19identity of the person reporting under this subsection shall
20not be disclosed to the subject of the report. For the purposes
21of this subsection, the physician, clinical psychologist, or
22qualified examiner making the determination and his or her
23employer shall not be held criminally, civilly, or
24professionally liable for making or not making the notification
25required under this subsection, except for willful or wanton
26misconduct.

 

 

HB4048- 208 -LRB099 08096 RLC 28242 b

1    Any person, institution, or agency, under this Act,
2participating in good faith in the reporting or disclosure of
3records and communications otherwise in accordance with this
4provision or with rules, regulations or guidelines issued by
5the Department shall have immunity from any liability, civil,
6criminal or otherwise, that might result by reason of the
7action. For the purpose of any proceeding, civil or criminal,
8arising out of a report or disclosure in accordance with this
9provision, the good faith of any person, institution, or agency
10so reporting or disclosing shall be presumed. The full extent
11of the immunity provided in this subsection (b) shall apply to
12any person, institution or agency that fails to make a report
13or disclosure in the good faith belief that the report or
14disclosure would violate federal regulations governing the
15confidentiality of alcohol and drug abuse patient records
16implementing 42 U.S.C. 290dd-3 and 290ee-3.
17    For purposes of this subsection (b) only, the following
18terms shall have the meaning prescribed:
19        (1) (Blank).
20        (1.3) "Clear and present danger" has the meaning as
21    defined in Section 1.1 of the Firearm Owners Identification
22    Card and Certificate of Handgun Registration Act.
23        (1.5) "Developmentally disabled" has the meaning as
24    defined in Section 1.1 of the Firearm Owners Identification
25    Card and Certificate of Handgun Registration Act.
26        (2) "Patient" has the meaning as defined in Section 1.1

 

 

HB4048- 209 -LRB099 08096 RLC 28242 b

1    of the Firearm Owners Identification Card and Certificate
2    of Handgun Registration Act.
3        (3) "Mental health facility" has the meaning as defined
4    in Section 1.1 of the Firearm Owners Identification Card
5    and Certificate of Handgun Registration Act.
6    (c) Upon the request of a peace officer who takes a person
7into custody and transports such person to a mental health or
8developmental disability facility pursuant to Section 3-606 or
94-404 of the Mental Health and Developmental Disabilities Code
10or who transports a person from such facility, a facility
11director shall furnish said peace officer the name, address,
12age and name of the nearest relative of the person transported
13to or from the mental health or developmental disability
14facility. In no case shall the facility director disclose to
15the peace officer any information relating to the diagnosis,
16treatment or evaluation of the person's mental or physical
17health.
18    For the purposes of this subsection (c), the terms "mental
19health or developmental disability facility", "peace officer"
20and "facility director" shall have the meanings ascribed to
21them in the Mental Health and Developmental Disabilities Code.
22    (d) Upon the request of a peace officer or prosecuting
23authority who is conducting a bona fide investigation of a
24criminal offense, or attempting to apprehend a fugitive from
25justice, a facility director may disclose whether a person is
26present at the facility. Upon request of a peace officer or

 

 

HB4048- 210 -LRB099 08096 RLC 28242 b

1prosecuting authority who has a valid forcible felony warrant
2issued, a facility director shall disclose: (1) whether the
3person who is the subject of the warrant is present at the
4facility and (2) the date of that person's discharge or future
5discharge from the facility. The requesting peace officer or
6prosecuting authority must furnish a case number and the
7purpose of the investigation or an outstanding arrest warrant
8at the time of the request. Any person, institution, or agency
9participating in good faith in disclosing such information in
10accordance with this subsection (d) is immune from any
11liability, civil, criminal or otherwise, that might result by
12reason of the action.
13(Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
 
14    Section 60. The Uniform Disposition of Unclaimed Property
15Act is amended by changing Section 1 as follows:
 
16    (765 ILCS 1025/1)  (from Ch. 141, par. 101)
17    Sec. 1. As used in this Act, unless the context otherwise
18requires:
19    (a) "Banking organization" means any bank, trust company,
20savings bank, industrial bank, land bank, safe deposit company,
21or a private banker.
22    (b) "Business association" means any corporation, joint
23stock company, business trust, partnership, or any
24association, limited liability company, or other business

 

 

HB4048- 211 -LRB099 08096 RLC 28242 b

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

 

 

HB4048- 212 -LRB099 08096 RLC 28242 b

1production, storage, transmission, sale, delivery, or
2furnishing of electricity, water, steam, oil or gas.
3    (i) (Blank).
4    (j) "Insurance company" means any person transacting the
5kinds of business enumerated in Section 4 of the Illinois
6Insurance Code other than life insurance.
7    (k) "Economic loss", as used in Sections 2a and 9 of this
8Act includes, but is not limited to, delivery charges,
9mark-downs and write-offs, carrying costs, restocking charges,
10lay-aways, special orders, issuance of credit memos, and the
11costs of special services or goods provided that reduce the
12property value or that result in lost sales opportunity.
13    (l) "Reportable property" means property, tangible or
14intangible, presumed abandoned under this Act that must be
15appropriately and timely reported and remitted to the Office of
16the State Treasurer under this Act. Interest, dividends, stock
17splits, warrants, or other rights that become reportable
18property under this Act include the underlying security or
19commodity giving rise to the interest, dividend, split,
20warrant, or other right to which the owner would be entitled.
21    (m) "Firearm" has the meaning ascribed to that term in the
22Firearm Owners Identification Card and Certificate of Handgun
23Registration Act.
24(Source: P.A. 90-167, eff. 7-23-97; 91-16, eff. 7-1-99; 91-748,
25eff. 6-2-00.)

 

 

HB4048- 213 -LRB099 08096 RLC 28242 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 140/7.5
4    20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
5    20 ILCS 2605/2605-120was 20 ILCS 2605/55a in part
6    20 ILCS 2605/2605-300was 20 ILCS 2605/55a in part
7    20 ILCS 2605/2605-595
8    30 ILCS 105/5.866 new
9    30 ILCS 105/5.867 new
10    30 ILCS 105/5.868 new
11    30 ILCS 105/6z-99
12    30 ILCS 105/6z-101 new
13    30 ILCS 105/6z-102 new
14    105 ILCS 5/10-22.6from Ch. 122, par. 10-22.6
15    105 ILCS 5/10-27.1A
16    105 ILCS 5/34-8.05
17    225 ILCS 210/2005from Ch. 96 1/2, par. 1-2005
18    225 ILCS 447/35-35
19    405 ILCS 5/6-103.1
20    405 ILCS 5/6-103.2
21    405 ILCS 5/6-103.3
22    410 ILCS 45/2from Ch. 111 1/2, par. 1302
23    430 ILCS 65/0.01from Ch. 38, par. 83-0.1
24    430 ILCS 65/1from Ch. 38, par. 83-1
25    430 ILCS 65/1.1from Ch. 38, par. 83-1.1

 

 

HB4048- 214 -LRB099 08096 RLC 28242 b

1    430 ILCS 65/3from Ch. 38, par. 83-3
2    430 ILCS 65/3.1from Ch. 38, par. 83-3.1
3    430 ILCS 65/3.4 new
4    430 ILCS 65/4from Ch. 38, par. 83-4
5    430 ILCS 65/6.1
6    430 ILCS 65/14from Ch. 38, par. 83-14
7    430 ILCS 66/25
8    430 ILCS 66/40
9    430 ILCS 66/70
10    430 ILCS 66/80
11    430 ILCS 66/105
12    520 ILCS 5/3.2from Ch. 61, par. 3.2
13    705 ILCS 105/27.3a
14    720 ILCS 5/2-7.1
15    720 ILCS 5/2-7.5
16    720 ILCS 5/12-3.05was 720 ILCS 5/12-4
17    720 ILCS 5/17-30was 720 ILCS 5/16C-2
18    720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
19    720 ILCS 5/24-1.6
20    720 ILCS 5/24-2
21    720 ILCS 5/24-3from Ch. 38, par. 24-3
22    720 ILCS 5/24-3.2from Ch. 38, par. 24-3.2
23    720 ILCS 5/24-3.4from Ch. 38, par. 24-3.4
24    720 ILCS 5/24-3.5
25    720 ILCS 5/24-9
26    720 ILCS 646/10

 

 

HB4048- 215 -LRB099 08096 RLC 28242 b

1    725 ILCS 5/112A-14from Ch. 38, par. 112A-14
2    730 ILCS 5/5-5-3from Ch. 38, par. 1005-5-3
3    730 ILCS 5/5-5-3.2
4    740 ILCS 21/80
5    740 ILCS 110/12from Ch. 91 1/2, par. 812
6    765 ILCS 1025/1from Ch. 141, par. 101