Illinois General Assembly - Full Text of HB3619
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB3619  103rd General Assembly

HB3619 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3619

 

Introduced 2/17/2023, by Rep. Steven Reick

 

SYNOPSIS AS INTRODUCED:
 
50 ILCS 705/2  from Ch. 85, par. 502
720 ILCS 5/24-2
730 ILCS 5/3-2-15 new
730 ILCS 5/3-2-14 rep.
730 ILCS 125/26.2 new
730 ILCS 125/26.1 rep.

    Amends the Illinois Police Training Act. Defines "retired law enforcement officer qualified under federal law" for purposes of the Act to permit the carrying of a concealed weapon. Amends the Criminal Code of 2012, the Unified Code of Corrections, and the County Jail Act. Permits currently employed and qualified retired State correctional officers and county correctional officers to carry their own firearms off-duty without being in violation of the unlawful use of weapons and aggravated unlawful use of weapons statutes if they meet certain training requirements. Provides that currently employed and qualified retired State correctional officers and county correctional officers shall carry a photographic identification and a valid annual firearm certificate while carrying their own firearms off-duty. Limited to correctional officers who have custody and control over inmates in an adult correctional facility. Repeals inconsistent provisions in Public Act 102-779. Effective immediately.


LRB103 30284 RLC 56712 b

 

 

A BILL FOR

 

HB3619LRB103 30284 RLC 56712 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Police Training Act is amended by
5changing Section 2 as follows:
 
6    (50 ILCS 705/2)  (from Ch. 85, par. 502)
7    Sec. 2. Definitions. As used in this Act, unless the
8context otherwise requires:
9    "Board" means the Illinois Law Enforcement Training
10Standards Board.
11    "Full-time law enforcement officer" means a law
12enforcement officer who has completed the officer's
13probationary period and is employed on a full-time basis as a
14law enforcement officer by a local government agency, State
15government agency, or as a campus police officer by a
16university, college, or community college.
17    "Law Enforcement agency" means any entity with statutory
18police powers and the ability to employ individuals authorized
19to make arrests. It does not include the Illinois State Police
20as defined in the State Police Act. A law enforcement agency
21may include any university, college, or community college.
22    "Local law enforcement agency" means any law enforcement
23unit of government or municipal corporation in this State. It

 

 

HB3619- 2 -LRB103 30284 RLC 56712 b

1does not include the State of Illinois or any office, officer,
2department, division, bureau, board, commission, or agency of
3the State, except that it does include a State-controlled
4university, college or public community college.
5    "Retired law enforcement officer qualified under federal
6law" means an individual who:
7        (1) was separated from service in good standing with a
8    public agency as a law enforcement officer, other than for
9    reasons of mental disability;
10        (2) before such separation, was authorized by law to
11    engage in or supervise the prevention, detection,
12    investigation, or prosecution of, or the incarceration of
13    any person for, any violation of law, and had statutory
14    powers of arrest or apprehension granted by statute;
15        (3) served as a law enforcement officer for an
16    aggregate of 10 years or more before his or her separation
17    in good standing from service with his or her agency, or
18    separated from service in good standing, after completing
19    any applicable probationary period of service, due to a
20    service-connected disability as determined by the agency;
21        (4) has met State firearms training and qualifications
22    that are the same as the training and qualifications for
23    active duty officers;
24        (5) is not under the influence of alcohol or another
25    intoxicating or hallucinatory drug or substance; and
26        (6) is not prohibited by federal law from carrying a

 

 

HB3619- 3 -LRB103 30284 RLC 56712 b

1    firearm.
2    "State law enforcement agency" means any law enforcement
3agency of this State. This includes any office, officer,
4department, division, bureau, board, commission, or agency of
5the State. It does not include the Illinois State Police as
6defined in the State Police Act.
7    "Panel" means the Certification Review Panel.
8    "Basic training school" means any school located within
9the State of Illinois whether privately or publicly owned
10which offers a course in basic law enforcement or county
11corrections training and has been approved by the Board.
12    "Probationary police officer" means a recruit law
13enforcement officer required to successfully complete initial
14minimum basic training requirements at a basic training school
15to be eligible for permanent full-time employment as a local
16law enforcement officer.
17    "Probationary part-time police officer" means a recruit
18part-time law enforcement officer required to successfully
19complete initial minimum part-time training requirements to be
20eligible for employment on a part-time basis as a local law
21enforcement officer.
22    "Permanent law enforcement officer" means a law
23enforcement officer who has completed the officer's
24probationary period and is permanently employed on a full-time
25basis as a local law enforcement officer, as a security
26officer, or campus police officer permanently employed by a

 

 

HB3619- 4 -LRB103 30284 RLC 56712 b

1law enforcement agency.
2    "Part-time law enforcement officer" means a law
3enforcement officer who has completed the officer's
4probationary period and is employed on a part-time basis as a
5law enforcement officer or as a campus police officer by a law
6enforcement agency.
7    "Law enforcement officer" means (i) any police officer of
8a law enforcement agency who is primarily responsible for
9prevention or detection of crime and the enforcement of the
10criminal code, traffic, or highway laws of this State or any
11political subdivision of this State or (ii) any member of a
12police force appointed and maintained as provided in Section 2
13of the Railroad Police Act.
14    "Recruit" means any full-time or part-time law enforcement
15officer or full-time county corrections officer who is
16enrolled in an approved training course.
17    "Review Committee" means the committee at the Board for
18certification disciplinary cases in which the Panel, a law
19enforcement officer, or a law enforcement agency may file for
20reconsideration of a decertification decision made by the
21Board.
22    "Probationary county corrections officer" means a recruit
23county corrections officer required to successfully complete
24initial minimum basic training requirements at a basic
25training school to be eligible for permanent employment on a
26full-time basis as a county corrections officer.

 

 

HB3619- 5 -LRB103 30284 RLC 56712 b

1    "Permanent county corrections officer" means a county
2corrections officer who has completed the officer's
3probationary period and is permanently employed on a full-time
4basis as a county corrections officer by a participating law
5enforcement agency.
6    "County corrections officer" means any sworn officer of
7the sheriff who is primarily responsible for the control and
8custody of offenders, detainees or inmates.
9    "Probationary court security officer" means a recruit
10court security officer required to successfully complete
11initial minimum basic training requirements at a designated
12training school to be eligible for employment as a court
13security officer.
14    "Permanent court security officer" means a court security
15officer who has completed the officer's probationary period
16and is employed as a court security officer by a participating
17law enforcement agency.
18    "Court security officer" has the meaning ascribed to it in
19Section 3-6012.1 of the Counties Code.
20(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
 
21    Section 10. The Criminal Code of 2012 is amended by
22changing Section 24-2 as follows:
 
23    (720 ILCS 5/24-2)
24    Sec. 24-2. Exemptions.

 

 

HB3619- 6 -LRB103 30284 RLC 56712 b

1    (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and
224-1(a)(13) and Section 24-1.6 do not apply to or affect any of
3the following:
4        (1) Peace officers, and any person summoned by a peace
5    officer to assist in making arrests or preserving the
6    peace, while actually engaged in assisting such officer.
7        (2) Wardens, superintendents and keepers of prisons,
8    penitentiaries, jails and other institutions for the
9    detention of persons accused or convicted of an offense,
10    while in the performance of their official duty, or while
11    commuting between their homes and places of employment.
12        (3) Members of the Armed Services or Reserve Forces of
13    the United States or the Illinois National Guard or the
14    Reserve Officers Training Corps, while in the performance
15    of their official duty.
16        (4) Special agents employed by a railroad or a public
17    utility to perform police functions, and guards of armored
18    car companies, while actually engaged in the performance
19    of the duties of their employment or commuting between
20    their homes and places of employment; and watchmen while
21    actually engaged in the performance of the duties of their
22    employment.
23        (5) Persons licensed as private security contractors,
24    private detectives, or private alarm contractors, or
25    employed by a private security contractor, private
26    detective, or private alarm contractor agency licensed by

 

 

HB3619- 7 -LRB103 30284 RLC 56712 b

1    the Department of Financial and Professional Regulation,
2    if their duties include the carrying of a weapon under the
3    provisions of the Private Detective, Private Alarm,
4    Private Security, Fingerprint Vendor, and Locksmith Act of
5    2004, while actually engaged in the performance of the
6    duties of their employment or commuting between their
7    homes and places of employment. A person shall be
8    considered eligible for this exemption if he or she has
9    completed the required 20 hours of training for a private
10    security contractor, private detective, or private alarm
11    contractor, or employee of a licensed private security
12    contractor, private detective, or private alarm contractor
13    agency and 28 hours of required firearm training, and has
14    been issued a firearm control card by the Department of
15    Financial and Professional Regulation. Conditions for the
16    renewal of firearm control cards issued under the
17    provisions of this Section shall be the same as for those
18    cards issued under the provisions of the Private
19    Detective, Private Alarm, Private Security, Fingerprint
20    Vendor, and Locksmith Act of 2004. The firearm control
21    card shall be carried by the private security contractor,
22    private detective, or private alarm contractor, or
23    employee of the licensed private security contractor,
24    private detective, or private alarm contractor agency at
25    all times when he or she is in possession of a concealable
26    weapon permitted by his or her firearm control card.

 

 

HB3619- 8 -LRB103 30284 RLC 56712 b

1        (6) Any person regularly employed in a commercial or
2    industrial operation as a security guard for the
3    protection of persons employed and private property
4    related to such commercial or industrial operation, while
5    actually engaged in the performance of his or her duty or
6    traveling between sites or properties belonging to the
7    employer, and who, as a security guard, is a member of a
8    security force registered with the Department of Financial
9    and Professional Regulation; provided that such security
10    guard has successfully completed a course of study,
11    approved by and supervised by the Department of Financial
12    and Professional Regulation, consisting of not less than
13    48 hours of training that includes the theory of law
14    enforcement, liability for acts, and the handling of
15    weapons. A person shall be considered eligible for this
16    exemption if he or she has completed the required 20 hours
17    of training for a security officer and 28 hours of
18    required firearm training, and has been issued a firearm
19    control card by the Department of Financial and
20    Professional Regulation. Conditions for the renewal of
21    firearm control cards issued under the provisions of this
22    Section shall be the same as for those cards issued under
23    the provisions of the Private Detective, Private Alarm,
24    Private Security, Fingerprint Vendor, and Locksmith Act of
25    2004. The firearm control card shall be carried by the
26    security guard at all times when he or she is in possession

 

 

HB3619- 9 -LRB103 30284 RLC 56712 b

1    of a concealable weapon permitted by his or her firearm
2    control card.
3        (7) Agents and investigators of the Illinois
4    Legislative Investigating Commission authorized by the
5    Commission to carry the weapons specified in subsections
6    24-1(a)(3) and 24-1(a)(4), while on duty in the course of
7    any investigation for the Commission.
8        (8) Persons employed by a financial institution as a
9    security guard for the protection of other employees and
10    property related to such financial institution, while
11    actually engaged in the performance of their duties,
12    commuting between their homes and places of employment, or
13    traveling between sites or properties owned or operated by
14    such financial institution, and who, as a security guard,
15    is a member of a security force registered with the
16    Department; provided that any person so employed has
17    successfully completed a course of study, approved by and
18    supervised by the Department of Financial and Professional
19    Regulation, consisting of not less than 48 hours of
20    training which includes theory of law enforcement,
21    liability for acts, and the handling of weapons. A person
22    shall be considered to be eligible for this exemption if
23    he or she has completed the required 20 hours of training
24    for a security officer and 28 hours of required firearm
25    training, and has been issued a firearm control card by
26    the Department of Financial and Professional Regulation.

 

 

HB3619- 10 -LRB103 30284 RLC 56712 b

1    Conditions for renewal of firearm control cards issued
2    under the provisions of this Section shall be the same as
3    for those issued under the provisions of the Private
4    Detective, Private Alarm, Private Security, Fingerprint
5    Vendor, and Locksmith Act of 2004. The firearm control
6    card shall be carried by the security guard at all times
7    when he or she is in possession of a concealable weapon
8    permitted by his or her firearm control card. For purposes
9    of this subsection, "financial institution" means a bank,
10    savings and loan association, credit union or company
11    providing armored car services.
12        (9) Any person employed by an armored car company to
13    drive an armored car, while actually engaged in the
14    performance of his duties.
15        (10) Persons who have been classified as peace
16    officers pursuant to the Peace Officer Fire Investigation
17    Act.
18        (11) Investigators of the Office of the State's
19    Attorneys Appellate Prosecutor authorized by the board of
20    governors of the Office of the State's Attorneys Appellate
21    Prosecutor to carry weapons pursuant to Section 7.06 of
22    the State's Attorneys Appellate Prosecutor's Act.
23        (12) Special investigators appointed by a State's
24    Attorney under Section 3-9005 of the Counties Code.
25        (12.5) Probation officers while in the performance of
26    their duties, or while commuting between their homes,

 

 

HB3619- 11 -LRB103 30284 RLC 56712 b

1    places of employment or specific locations that are part
2    of their assigned duties, with the consent of the chief
3    judge of the circuit for which they are employed, if they
4    have received weapons training according to requirements
5    of the Peace Officer and Probation Officer Firearm
6    Training Act.
7        (13) Court Security Officers while in the performance
8    of their official duties, or while commuting between their
9    homes and places of employment, with the consent of the
10    Sheriff.
11        (13.5) A person employed as an armed security guard at
12    a nuclear energy, storage, weapons or development site or
13    facility regulated by the Nuclear Regulatory Commission
14    who has completed the background screening and training
15    mandated by the rules and regulations of the Nuclear
16    Regulatory Commission.
17        (14) Manufacture, transportation, or sale of weapons
18    to persons authorized under subdivisions (1) through
19    (13.5) of this subsection to possess those weapons.
20    (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
21to or affect any person carrying a concealed pistol, revolver,
22or handgun and the person has been issued a currently valid
23license under the Firearm Concealed Carry Act at the time of
24the commission of the offense.
25    (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply
26to or affect a qualified current or retired law enforcement

 

 

HB3619- 12 -LRB103 30284 RLC 56712 b

1officer or a current or retired deputy, county correctional
2officer, or correctional officer of the Department of
3Corrections qualified under the laws of this State or under
4the federal Law Enforcement Officers Safety Act.
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 while engaged in
16    lawful hunting, trapping, or fishing under the provisions
17    of the Wildlife Code or the Fish and Aquatic Life Code.
18        (4) Transportation of weapons that are broken down in
19    a non-functioning state or are not immediately accessible.
20        (5) Carrying or possessing any pistol, revolver, stun
21    gun or taser or other firearm on the land or in the legal
22    dwelling of another person as an invitee with that
23    person's permission.
24    (c) Subsection 24-1(a)(7) does not apply to or affect any
25of the following:
26        (1) Peace officers while in performance of their

 

 

HB3619- 13 -LRB103 30284 RLC 56712 b

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

 

 

HB3619- 14 -LRB103 30284 RLC 56712 b

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

 

 

HB3619- 15 -LRB103 30284 RLC 56712 b

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

 

 

HB3619- 16 -LRB103 30284 RLC 56712 b

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

 

 

HB3619- 17 -LRB103 30284 RLC 56712 b

1During transportation, these devices shall be detached from
2any weapon or not immediately accessible.
3    (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
424-1.6 do not apply to or affect any parole agent or parole
5supervisor who meets the qualifications and conditions
6prescribed in Section 3-14-1.5 of the Unified Code of
7Corrections.
8    (g-7) Subsection 24-1(a)(6) does not apply to a peace
9officer while serving as a member of a tactical response team
10or special operations team. A peace officer may not personally
11own or apply for ownership of a device or attachment of any
12kind designed, used, or intended for use in silencing the
13report of any firearm. These devices shall be owned and
14maintained by lawfully recognized units of government whose
15duties include the investigation of criminal acts.
16    (g-8) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
1724-1.6 do not apply to or affect any currently employed or
18qualified retired State correctional officer who meets the
19qualifications and conditions prescribed in Section 3-2-15 of
20the Unified Code of Corrections.
21    (g-9) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
2224-1.6 do not apply to or affect any currently employed or
23qualified retired county correctional officer who meets the
24qualifications and conditions prescribed in Section 26.2 of
25the County Jail Act.
26    (g-10) (Blank).

 

 

HB3619- 18 -LRB103 30284 RLC 56712 b

1    (h) An information or indictment based upon a violation of
2any subsection of this Article need not negative any
3exemptions contained in this Article. The defendant shall have
4the burden of proving such an exemption.
5    (i) Nothing in this Article shall prohibit, apply to, or
6affect the transportation, carrying, or possession, of any
7pistol or revolver, stun gun, taser, or other firearm
8consigned to a common carrier operating under license of the
9State of Illinois or the federal government, where such
10transportation, carrying, or possession is incident to the
11lawful transportation in which such common carrier is engaged;
12and nothing in this Article shall prohibit, apply to, or
13affect the transportation, carrying, or possession of any
14pistol, revolver, stun gun, taser, or other firearm, not the
15subject of and regulated by subsection 24-1(a)(7) or
16subsection 24-2(c) of this Article, which is unloaded and
17enclosed in a case, firearm carrying box, shipping box, or
18other container, by the possessor of a valid Firearm Owners
19Identification Card.
20(Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22;
21102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised
2212-14-22.)
 
23    Section 15. The Unified Code of Corrections is amended by
24adding Section 3-2-15 as follows:
 

 

 

HB3619- 19 -LRB103 30284 RLC 56712 b

1    (730 ILCS 5/3-2-15 new)
2    Sec. 3-2-15. State correctional officers; off-duty
3firearms.
4    (a) In this Section, "State correctional officer" means an
5employee of the Department of Corrections who has custody and
6control over inmates in an adult correctional facility.
7    (b) In this Section, "qualified retired State correctional
8officer" means a former State correctional officer who:
9        (1) was separated from service with the Department of
10    Corrections in good standing;
11        (2) before the separation, was authorized by law to
12    engage in or supervise the activities of prevention,
13    detection, investigation, prosecution, or incarceration of
14    any person for any violation of law;
15        (3) before the separation, served as a State
16    correctional officer for an aggregate of 10 years or more;
17        (4) has not either:
18            (A) been officially found, as the Department shall
19        by rule provide, by a qualified medical professional
20        employed by the Department of Corrections to be
21        unqualified for reasons relating to mental health and
22        as a result of this finding will not be issued the
23        photographic identification as described in paragraph
24        (5) of subsection (c); or
25            (B) entered into an agreement with the Department
26        of Corrections in which that individual acknowledges

 

 

HB3619- 20 -LRB103 30284 RLC 56712 b

1        he or she is not qualified under this Section for
2        reasons relating to mental health and for those
3        reasons will not receive or accept the photographic
4        identification as described in paragraph (5) of
5        subsection (c);
6        (5) is not under the influence of alcohol or any other
7    intoxicating or hallucinatory drug or substance; and
8        (6) is not prohibited by State or federal law from
9    owning or possessing a firearm.
10    (c) Paragraphs (4) and (10) of subsection (a) of Section
1124-1 and Section 24-1.6 of the Criminal Code of 2012 do not
12apply to currently employed or qualified retired State
13correctional officers who meet the following conditions:
14        (1) The currently employed or qualified retired State
15    correctional officer must receive training in the use of
16    firearms while off-duty conducted by the Illinois Law
17    Enforcement Training Standards Board and be certified as
18    having successfully completed the training by the Board.
19    The Board shall determine the amount of the training and
20    the course content for the training. The currently
21    employed or qualified retired State correctional officer
22    shall requalify for the firearms training annually at a
23    State range certified by the Illinois Law Enforcement
24    Training Standards Board. The expenses of the retraining
25    shall be paid by the currently employed or qualified
26    retired State correctional officer and moneys for the

 

 

HB3619- 21 -LRB103 30284 RLC 56712 b

1    costs of the requalification shall be expended at the
2    request of the Illinois Law Enforcement Training Standards
3    Board.
4        (2) The currently employed or qualified retired State
5    correctional officer shall purchase the firearm at his or
6    her own expense and shall register the firearm with the
7    Illinois State Police and with any local law enforcement
8    agencies that require the registration.
9        (3) The currently employed or qualified retired State
10    correctional officer may not carry any Department of
11    Corrections State-issued firearm while off-duty. A person
12    who violates this paragraph (3) is subject to disciplinary
13    action by the Department of Corrections.
14        (4) State correctional officers who are or were
15    discharged from employment by the Department of
16    Corrections are not law enforcement officials after the
17    date of discharge.
18        (5) The currently employed or qualified retired State
19    correctional officer shall carry photographic
20    identification issued by the Department of Corrections
21    identifying him or her as a currently employed or
22    qualified retired State correctional officer while
23    carrying a firearm off-duty, along with a valid annual
24    firearm certificate issued by the Illinois Law Enforcement
25    Training Standards Board stating that he or she is
26    qualified to carry a concealed weapon.
 

 

 

HB3619- 22 -LRB103 30284 RLC 56712 b

1    (730 ILCS 5/3-2-14 rep.)
2    Section 20. The Unified Code of Corrections is amended by
3repealing Section 3-2-14.
 
4    Section 25. The County Jail Act is amended by adding
5Section 26.2 as follows:
 
6    (730 ILCS 125/26.2 new)
7    Sec. 26.2. County correctional officers; off-duty
8firearms.
9    (a) In this Section, "county correctional officer" means
10an employee of a county sheriff's office within this State who
11has custody and control over adult inmates in a county jail.
12    (b) In this Section, "qualified retired county
13correctional officer" means a former county correctional
14officer who:
15        (1) was separated from service with the county
16    sheriff's office in good standing;
17        (2) before the separation, was authorized by law to
18    engage in or supervise the activities of prevention,
19    detection, investigation, prosecution, or incarceration of
20    any person for any violation of law;
21        (3) before the separation, served as a county
22    correctional officer for an aggregate of 10 years or more;
23        (4) has not either:

 

 

HB3619- 23 -LRB103 30284 RLC 56712 b

1            (A) been officially found, as the county sheriff
2        shall by rule provide, by a qualified medical
3        professional employed by the county sheriff to be
4        unqualified for reasons relating to mental health and
5        as a result of this finding will not be issued the
6        photographic identification as described in paragraph
7        (5) of subsection (c); or
8            (B) entered into an agreement with the county
9        sheriff's office from which the individual is
10        separated form service in which that individual
11        acknowledges he or she is not qualified under this
12        Section for reasons relating to mental health and for
13        those reasons will not receive or accept the
14        photographic identification as described in paragraph
15        (5) of subsection (c);
16        (5) is not under the influence of alcohol or any other
17    intoxicating or hallucinatory drug or substance; and
18        (6) is not prohibited by State or federal law from
19    receiving a firearm.
20    (c) Paragraphs (4) and (10) of subsection (a) of Section
2124-1 and Section 24-1.6 of the Criminal Code of 2012 do not
22apply to currently employed or qualified retired county
23correctional officers who meet the following conditions:
24        (1) The currently employed or qualified retired county
25    correctional officer must receive training in the use of
26    firearms while off-duty conducted by the Illinois Law

 

 

HB3619- 24 -LRB103 30284 RLC 56712 b

1    Enforcement Training Standards Board and be certified as
2    having successfully completed the training by the Board.
3    The Board shall determine the amount of the training and
4    the course content for the training. The currently
5    employed or qualified retired county correctional officer
6    shall requalify for the firearms training annually at a
7    State range certified by the Illinois Law Enforcement
8    Training Standards Board. The expenses of the retraining
9    shall be paid by the currently employed or qualified
10    retired county correctional officer and moneys for the
11    costs of the requalification shall be expended at the
12    request of the Illinois Law Enforcement Training Standards
13    Board.
14        (2) The currently employed or qualified retired county
15    correctional officer shall purchase the firearm at his or
16    her own expense and shall register the firearm with the
17    Illinois State Police and with any other local law
18    enforcement agencies that require the registration.
19        (3) The currently employed or qualified retired county
20    correctional officer may not carry any county
21    sheriff-issued firearm while off-duty. A person who
22    violates this paragraph (3) is subject to disciplinary
23    action by the county sheriff.
24        (4) County correctional officers who are or were
25    discharged from employment by the county sheriff shall no
26    longer be considered law enforcement officials and all

 

 

HB3619- 25 -LRB103 30284 RLC 56712 b

1    their rights as law enforcement officials shall be revoked
2    permanently.
3        (5) The currently employed or qualified retired county
4    correctional officer shall carry a photographic
5    identification issued by his or her agency identifying him
6    or her as a currently employed or qualified retired county
7    correctional officer while carrying a firearm off-duty,
8    along with a valid annual firearm certificate issued by
9    the Illinois Law Enforcement Training Standards Board
10    stating that he or she is qualified to carry a concealed
11    weapon.
 
12    (730 ILCS 125/26.1 rep.)
13    Section 30. The County Jail Act is amended by repealing
14Section 26.1.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.